alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Reuben A. FOSTER, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 6493.

Circuit Court of Appeals, Seventh Circuit.

Dec. 14, 1937.

S. Leo Ruslander, of Pittsburgh, Pa., for petitioner.

James W. Morris, of Washington, D. G, for respondent.

Before EVANS and SPARKS, Circuit Judges.

PER CURIAM.

Now this day come the parties by their counsel and present and file á stipulation to dismiss appeal, which said stipulation is in the words and figures following, to wit:

“Whereas, on November 15, 1935, the United States Board of Tax Appeals entered an order determining a deficiency in income tax against petitioner for the year 1929 in the sum of $10,204.05; and

“Whereas, petitioner has filed a petition for review by this Court of the decision of the Board of Tax Appeals, as shown by the certificate of the Clerk of the Board of Tax Appeals, showing that the appeal was duly taken and that this Court has jurisdiction of the controversy; and

“Whereas, petitioner has submitted to respondent an offer in compromise of the-above-mentioned liability, on Treasury Department Form 656-C, dated July 26, 1937; and

“Whereas, said offer has been accepted by the Acting Attorney General of the United States; and

“Whereas, the questions here presented have become moot;

“It is therefore stipulated and agreed by and between the parties hereto, by their respective counsel, that this appeal be dismissed.”

On consideration whereof, it is now here ordered that this cause be docketed in this court. It is further ordered and adjudged by this court that the petition of Reuben A. Foster for review of the decision, entered in this cause on November 15, 1935, by the United States Board of Tax Appeals, be, and the same is hereby, dismissed.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CLAIRE J. KAY and CLAYMORE

CONSTRUCTION CO.,

Plaintiffs/Counter-Defendants,

v.

UNITED OF OMAHA LIFE INSURANCE

COMPANY d/b/a MUTUAL OF OMAHA

INSURANCE COMPANY,

Defendant.

 /

Case No. 09-11887

Honorable John Corbett O’Meara

ORDER DENYING DEFENDANT'S RENEWED MOTION FOR JUDGMENT

AS A MATTER OF LAW OR, IN THE ALTERNATIVE, FOR A NEW TRIAL

This matter came before the court on defendant United of Omaha Life Insurance Company's

May 21, 2015 Renewed Motion for Judgement as a Matter of Law or, in the Alternative, for a New

Trial. Plaintiffs filed a response June 4, 2015; and Defendant filed a reply June 19, 2015. No oral

argument was heard.

Following a second trial by second jury, Plaintiffs were again awarded two million dollars

($2,000,000) as the proceeds of a life insurance policy. Defendant United seeks judgment as a

matter of law or a new trial.

In a diversity action a motion for judgment as a matter of law under Rule 50(b) of the Federal

Rules of Civil Procedure, brought on the grounds that no evidence existed to support judgment in

favor of the non-moving party, is analyzed under the law of the forum state. See Betts v. Costco

Wholesale Corp., 558 F.3d 461, 466 (6th Cir. 209). Under Michigan law, the motion must be

5:09-cv-11887-JCO-MJH Doc # 206 Filed 04/06/16 Pg 1 of 2 Pg ID 4921
granted if "after viewing all of the evidence in the light most favorable to the non-moving party,

'reasonable minds could not differ on any question of material fact.'" Id.

In analyzing a motion for new trial pursuant to Rule 59, brought on the basis that the verdict

was against the clear weight of the evidence, the court must apply federal law and "accept the jury's

verdict if it was reasonably reached." Ridgway v. Ford Dealer Computer Servs., Inc., 114 F.3d 94,

98 (6th Cir. 1997).

Defendant's motion restates the same arguments presented in previous motions for summary

judgment, for directed verdict, and for judgment as a matter of law. Regarding all of these, this

court concluded, as it does again, that reasonable minds can differ on the questions of material fact

that were presented to the jury. Likewise, the court again accepts a second jury verdict, finding that

it too was reasonably reached.

Therefore, it is hereby ORDERED that Defendant's May 21, 2105 Renewed Motion for

Judgment as a Matter of Law or, in the Alternative, for New Trial is DENIED.

s/John Corbett O'Meara 

United States District Judge

Date: April 6, 2016

I hereby certify that a copy of the foregoing document was served upon counsel of record on

this date, April 6, 2016, using the ECF system.

s/William Barkholz 

Case Manager

2

5:09-cv-11887-JCO-MJH Doc # 206 Filed 04/06/16 Pg 2 of 2 Pg ID 4922
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from Dean
Witter DWFCM International Access Fund L.P. and is qualified in its
entirety by references to such financial instruments.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                      44,917,336
<SECURITIES>                                         0
<RECEIVABLES>                                  152,193
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              45,730,849<F1>
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                45,730,849<F2>
<SALES>                                              0
<TOTAL-REVENUES>                             6,553,585<F3>
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             5,274,651
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,278,934
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,278,934
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,278,934
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>In addition to cash and receivables, total assets include net unrealized
gain on open contracts of $622,794 and due from DWR of $38,526.
<F2>Liabilities include redemptions payable of $649,420, accrued management
fees of $113,798, and common administrative expenses payable of $100,120,
accrued brokerage commissions of $59,631, and accrued transaction fees
and costs of $13,426.
<F3>Total revenues include realized trading revenue of $5,018,781, net change
in unrealized of $307,152 and interest income of $1,841,956.
</FN>
        

</TABLE>
Unassociated Document



Exhibit 10.1.10


 


MODIFICATION OF AGREEMENT


(FIFTH MODIFICATION)













WHEREAS, OxySure Systems, Inc. (“OxySure”) and Julian T. Ross (“Ross”) (OxySure and Ross jointly, the “Parties”) entered into that certain Employment Agreement (“Agreement”) dated January 15, 2009, as amended, for the second time on June 23, 2009, and as further amended for the third time on January 15, 2010; and as further amended for the fourth time on February 3, 2012;







WHEREAS, The Parties have agreed that it is in their best interests to modify the terms of the Agreement.







NOW, WHEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, THE SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES AGREE AS FOLLOWS:







Section 3 – “TERM” of the as amended Agreement shall be modified, and shall read as follows:







The employment of the Executive by the Company pursuant to the provisions of this Agreement shall commence on the Effective Date and end on the Two Thousand One Hundred Sixtieth (2,160th) day thereafter, unless sooner terminated as hereinafter provided.







All other provisions of the Agreement shall remain unchanged.







Agreed to and accepted:


 





	
By:

	
/s/ Don Reed 

	 	 	
By:

	
/s/ Vicki Jones 

	 
	 	

Mr. Don Reed, Director

	 	 	 	

Ms. Vicki Jones, Director

	 
	For:	

OxySure Systems, Inc.

	 	 	For: 	

OxySure Systems, Inc.

	 
	 	 	 	 	 	 	 
	
Date:

	 	 	 	
Date:

	
 

	 





 



	
By:

	
/s/ Jeremy M. Jones 

	 	 	
By:

	
/s/ Julian T. Ross

	 
	 	

Mr. Jeremy M. Jones, Director

	 	 	 	

Mr. Julian T. Ross, Director

	 
	For: 	

OxySure Systems, Inc.

	 	 	For: 	

OxySure Systems, Inc.

	 
	 	 	 	 	 	 	 
	
Date:

	 	 	 	
Date:
[No. 33956.

Department Two.

April 25, 1957.]

#### Sam Collins, *Respondent,*v. The Department of Labor and Industries *et al., Appellants.**1*

*The Attorney General, John J. Quine, Assistant, Stark & Hill,*and *Russell F. Stark,*for appellants.

*James J. Solan,*for respondent.

1

Reported in 310 P. (2d) 232.

Foster, J.

This very simple industrial insurance case involves only a dispute of fact on which the jury’s verdict is conclusive.2

Respondent reported his injury, which was adjudicated compensable by the industrial insurance division of the department of labor and industries.

Subsequent to the closing of the claim, respondent made application for a reopening on the ground that his condition had become worse since the last closing. Pursuant thereto, the supervisor of industrial insurance reopened the claim, ordered hospitalization and medical aid, and under date of December 24, 1953, upon medical reports, adjudicated the disability to be twenty-five per cent of the amount provided by law, and paid the statutory compensation therefor.

*195On January 11, 1954, respondent sought a review of that order before the board of industrial insurance appeals. Evidence was presented for and against an increased award, before an individual delegated by the board of industrial insurance appeals, beginning April 28, 1955; and on February 6, 1956, the board of industrial insurance appeals mailed respondent a seven-page typewritten document labeled “Decision and Order,” affirming the order of the supervisor of industrial insurance.

From that order, within the time limited by law, respondent appealed to the superior court, where the case was tried to a jury on April 26, 1956, upon the transcript of the evidence taken before the examiner for the board of industrial insurance appeals. The jury returned a verdict awarding respondent fifty per cent of the amount authorized by law, upon which verdict judgment was entered, from which the department of labor and industries and the Willapa Harbor Lumber Company jointly appeal to this court.

No complaint is made of the instructions, and the three separate assignments of error relate only to the sufficiency of the evidence. A vast array of cases, both domestic and foreign, are cited in the briefs, but we find no occasion to discuss any of them.

When the supervisor of industrial insurance reopened respondent’s claim and made an increased award from which the respondent appealed, the only issue was the extent of the disability, which was purely a question of fact, and the verdict is well within the range of the evidence.

The judgment is affirmed.

Hill, C. J., Schwellenbach, Donworth, and Rosellini, JJ., concur.

July 11, 1957. Petition for rehearing denied.

2

*Bilski v. Department of Labor & Industries,*8 Wn. (2d) 594, 113 P. (2d) 62; *Sumerlin v. Department of Labor & Industries,*8 Wn. (2d) 43, 111 P. (2d) 603; *Alfredson v. Department of Labor & Industries,*5 Wn. (2d) 648, 105 P. (2d) 37.
EXHIBIT 32.1









CERTIFICATION OF PERIODIC FINANCIAL REPORTS



I, Micheal Nugent, Chief Executive Officer of Roadships Holdings, Inc, a Delaware corporation (the "Registrant"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Report on Form 10-Q for the period of the Registrant from January 1, 2009 through March 31, 2009 (the "Report") which this statement accompanies fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2) information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







|                    |  |                                | 
|------------------- |  | ------------------------------ | 
|Date: June 10, 2009 |  | /s/ Micheal Nugent             | 
|                    |  | Name: Micheal Nugent          
|                    |  | Title: Chief Executive Officer



A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3804 Engrossed in House (EH)]

  2d Session

                               H. R. 3804

_______________________________________________________________________

                                 AN ACT

 To remove the restriction on the distribution of certain revenues from 
the Mineral Springs parcel to certain members of the Agua Caliente Band 
                          of Cahuilla Indians.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
104th CONGRESS
  2d Session
                                H. R. 3804

_______________________________________________________________________

                                 AN ACT

 
 To remove the restriction on the distribution of certain revenues from 
the Mineral Springs parcel to certain members of the Agua Caliente Band 
                          of Cahuilla Indians.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REMOVAL OF RESTRICTION ON DISTRIBUTION OF CERTAIN REVENUES.

    (a) In General.--The fourth undesignated paragraph in section 3(b) 
of the Act entitled ``An Act to provide for the equalization of 
allotments on the Agua Caliente (Palm Springs) Reservation in 
California, and for other purposes'' approved September 21, 1959 (25 
U.S.C. 951 et seq.), is amended by striking ``east: Provided,'' and all 
that follows through ``deceased member.'' and inserting ``east.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to net rents, profits, and other revenues that 
accrue on or after the date of enactment of this Act.
    (c) Agreement to Make Payment.--The Congress finds that the Agua 
Caliente Band of Mission Indians, in Tribal Ordinance Number 22, dated 
August 6, 1996, has agreed to make payments permited by reason of the 
amendment made by subsection (a). The Congress expects the Band to make 
such payments within 180 days after the date of enactment of this Act.

            Passed the House of Representatives September 26, 1996.

            Attest:

                                                                 Clerk.
```
EXHIBIT 32.1


Certification of Principal Executive Officer


Pursuant to 18 U.S.C. 1350


(Section 906 of the Sarbanes-Oxley Act of 2002)








I, Adam Anthony, Chief Executive Officer, and Principal Accounting Officer, of Aftermarket Enterprises, Inc. (the "Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of our knowledge, based upon a review of the Quarterly Report on Form 10-Q for the period Sept 30, 2010 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the "Report"):





(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and


(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





Dated:  December 9, 2010





Company NameBy:
/s/ Adam AnthonyAdam AnthonyChief Executive Officer and Principal AccountingOfficer











* A signed original of this written statement required by Section 906 has been provided to Aftermarket Enterprises, Inc. and will be retained by Aftermarket Enterprises, Inc. and furnished to the Securities Exchange Commission or its staff upon request.
EXHIBIT 32.2





CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,


AS ADOPTED PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Quarterly Report of YaFarm Technologies, Inc. (the “Company”) on Form 10-Q for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Hong Zhao, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:





(1)           The Report fully complies with the requirements of Sections 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(2)           Information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Dated: May 23, 2011/s/ Hong ZhaoBy:
Hong ZhaoChief Financial Officer




A signed original of this written statement required by Section 906 has been provided to YaFarm Technologies, Inc. and will be retained by YaFarm Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20006-07-BC

v. Honorable Thomas L. Ludington

ADAM CADENA,

Defendant.

__________________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S GUILTY PLEA AS TO COUNT THIRTEEN, AND TAKING THE

RULE 11 PLEA AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on February 3, 2010, by U.S. Magistrate Judge Charles E.

Binder pursuant to the Defendant’s consent. The magistrate judge issued his report [Dkt. # 199] on

February 4, 2010, recommending acceptance of Defendant’s guilty plea. Either party may serve and

file written objections “[w]ithin fourteen days after being served with a copy” of the report and

recommendations. 28 U.S.C. § 636(b)(1). The district court will make a “de novo determination

of those portions of the report . . . to which objection is made.” Id. Where, as here, neither party

objects to the report, the district court is not obligated to independently review the record. Thomas

v. Arn, 474 U.S. 140, 149–52 (1985). 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt

# 199] is ADOPTED.
-2-

It is further ORDERED that the defendant’s guilty plea as to count thirteen is ACCEPTED,

and the Rule 11 Plea Agreement [Dkt. # 199] is taken UNDER ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: March 8, 2010

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on March 8, 2010.

s/Tracy A. Jacobs 

TRACY A. JACOBS
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4070 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4070

To designate the Federal building located in Cookeville, Tennessee, as 
   the ``L. Clure Morton United States Post Office and Courthouse''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 1996

  Mr. Gordon (for himself, Mr. Bryant of Tennessee, Mr. Clement, Mr. 
Duncan, Mr. Ford, Mr. Hilleary, Mr. Quillen, Mr. Tanner, and Mr. Wamp) 
 introduced the following bill; which was referred to the Committee on 
                   Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To designate the Federal building located in Cookeville, Tennessee, as 
   the ``L. Clure Morton United States Post Office and Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The Federal building located at 9 East Broad Street in Cookeville, 
Tennessee, shall be designated and known as the ``L. Clure Morton 
United States Post Office and Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``L. Clure Morton 
United States Post Office and Courthouse''.
                                 <all>
```
Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.306 Filed 04/09/10 Page 1 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.307 Filed 04/09/10 Page 2 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.308 Filed 04/09/10 Page 3 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.309 Filed 04/09/10 Page 4 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.310 Filed 04/09/10 Page 5 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.311 Filed 04/09/10 Page 6 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.312 Filed 04/09/10 Page 7 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.313 Filed 04/09/10 Page 8 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.314 Filed 04/09/10 Page 9 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.315 Filed 04/09/10 Page 10 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.316 Filed 04/09/10 Page 11 of 12Case 2:09-cv-11614-SFC-MJH ECF No. 18-6, PageID.317 Filed 04/09/10 Page 12 of 12
Fialka

Feldman v. Oakland University Board of Trustees Doc. 57 Att. 6

Dockets.Justia.com
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-1730

SHARON MAYHEW,

Plaintiff - Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Beth P. Gesner, Magistrate Judge. (CA-99-

975-DKC)

Submitted: October 24, 2000 Decided: November 17, 2000

Before LUTTIG, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stephen F. Shea, WILLONER, CALABRESE & ROSEN, P.A., College Park,

Maryland, for Appellant. Charlotte J. Hardnett, Acting General

Counsel, Frank V. Smith, III, Acting Principal Deputy General

Counsel, John M. Sacchetti, Associate General Counsel for Program

Litigation, Etzion Brand, Office of the General Counsel, SOCIAL

SECURITY ADMINISTRATION; Lynne A. Battaglia, United States Attorney, Ariana Wright Arnold, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* The parties consented to proceed before a magistrate judge

pursuant to 28 U.S.C.A. § 636(c) (West 1993 & Supp. 2000).

2

PER CURIAM:

Sharon Mayhew appeals the magistrate judge’s order granting

summary judgment to the Commissioner of Social Security on her

claim for disability benefits.* Having reviewed the briefs and the

administrative record, we find that substantial evidence supported

the Administrative Law Judge’s decision denying benefits. Accordingly, we affirm on the reasoning of the district court. See Mayhew

v. Apfel, No. CA-99-975-DKC (D. Md. Mar. 30, 2000). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED