alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-10046 Conference Calendar

KENNETH J. MALONE, Plaintiff-Appellant,

versus POTTER COUNTY COMMISSIONERS ET AL., Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas

USDC No. 2:94-CV-78

- - - - - - - - - - February 11, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
BY THE COURT: Kenneth J. Malone, Texas prisoner # 662533, sought to appeal the district court’s dismissal of his 42 U.S.C. § 1983 complaint for failure to comply with orders of the court. This court directed Malone to file a fully documented motion for leave to proceed in forma pauperis on appeal with the district court. The court warned Malone that if he did not file the proper documents with the district court his appeal would be dismissed under 5 TH C IR . R. 42.3 for failure to prosecute. Although Malone did make a submission to the district court, it was not a properly documented IFP motion as directed by the court. Consequently,No. 97-10046 -2- Malone’s appeal is DISMISSED for want of prosecution in accordance with 5 TH C IR . R. 42.3. Malone has also filed an unsupported IFP motion, a motion to stay judgment pending appeal, a motion for appointment of counsel, and a motion to file a brief in excess of the page limitation with this court. All of these motions are hereby
DENIED.
EXHIBIT
32.1

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Rafael Pinedo, hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | the Quarterly Report on Form 10-Q of Chancery Resources, Inc. for the period ended February 28, 2010 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|    |                                                                                                                                                                                                                               
|(2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Chancery Resources, Inc.                                                              

Dated: April 20, 2011



| | /s/ Rafael Pinedo            
| | -----------------------------
| | Rafael Pinedo                
| | President and Director       
| | (Principal Executive Officer)
| | Chancery Resources, Inc.     

A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required by Section 906, has been provided to Chancery Resources,
Inc. and will be retained by Chancery Resources, Inc. and furnished to the Securities and Exchange Commission or its staff upon
request.
Exhibit 10.19
Form of Omnibus Compensation Compliance Agreement and Waiver entered by Southwest Bancorp, Inc. and
Rick Green, Kerby E. Crowell, Jerry Lanier, Kimberly G. Sinclair, and Charles H. Westerheide.
 Southwest Bancorp, Inc.
Omnibus Compensation Compliance Agreement and Waiver
 Company SNB SPA Investor Letter Agreement Agreement
  Whereas
 Whereas
 Whereas
 Whereas
 Now, therefore
 1.
    
    For so long as the United States Secretary of the Treasury holds any equity or debt
position in Southwest, within the meaning of Section 111(b) of EESA and related
regulations:
 a.
    
    To the extent required by Section 111(b) of EESA, the Senior
Executive Officer shall return to the payor(s) any bonus or executive compensation
paid by Southwest, SNB, or any of their subsidiaries to the Senior Executive
Officer based upon on statements of earnings, gains, or other criteria that have
been later proven to be materially inaccurate.b.
    
    None of the Company, SNB, or any of their subsidiaries, shall make
any payment to the Senior Executive Officer that is prohibited by Section
111(b)(2)(c) of EESA, and the Senior Executive Officer hereby voluntarily waives:
(A) any and all rights to receive any such payment, and (B) any and all claims
against the
 1




---



##### 



Company and its subsidiaries and the officers, directors, employees,
and agents of the Company and its subsidiaries thereto with respect to such
payment.
 2.
    
    It is agreed that Section 18 of the Companys 1999 Stock Option Plan, and Section 19
of the Companys 2008 Stock Based Award Plan, each prohibits the issuance of common stock
under such plans unless the issuance thereof complies with relevant provisions of law, and
that, accordingly, the Company shall not issue common stock pursuant to either such plan
in an amount and manner that would cause violation of Section 111(b)(2)(c) of EESA.3.
    
    In the event that payments pursuant to any agreements, plans, or arrangements would
otherwise result in a payment for which the Senior Executive Officer has waived rights
pursuant to 1.b. hereof, such payment shall be reduced to equal the maximum amount which
may be paid thereunder without exceeding the limits thereof; and, in the event such
reduction in payments is necessary, the Senior Executive Officer may determine, in his or
her sole discretion, which categories of payments (including, without limitation, the
value of benefits or of acceleration of vesting or receipt of benefits or amounts) are to
be reduced or eliminated.4.
    
    Without limitation of the above, the provisions of Section 1(b) and (2) hereof shall
be deemed to amend (i) the Southwest Bancorp, Inc. Amended and Restated Severance
Compensation Plan, and (ii) any supplemental profit sharing plan or agreement in which the
Senior Executive Officer is a participant or a party.
 (Remainder of page intentionally left blank.)
 2




---



##### 



SOUTHWEST BANCORP, INC.By:Name:Title:STILLWATER NATIONAL BANK AND TRUST
COMPANYBy:Name:Title:SENIOR EXECUTIVE OFFICER OF SOUTHWEST
BANCORP, INC.Name:Title:
 3
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4003 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 4003

To provide for the temporary suspension of duty on certain plastic web 
                               sheeting.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1996

 Mr. Ramstad introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To provide for the temporary suspension of duty on certain plastic web 
                               sheeting.

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

SECTION 1. CERTAIN PLASTIC WEB SHEETING.

    Subchapter II of chapter 99 of the Harmonized Tariff Schedule of 
the United States is amended--
            (1) by adding at the end of the U.S. notes thereto the 
        following new note:
``13. For purposes of heading 9902.56.03, the term `nonwoven fiber 
        sheet' means sheet comprising a highly uniform and random array 
        of polyester fibers 0.5 to 6.0 denier, thermally bonded, 
        calendered into a smooth surface web having--
        ``(a) a thickness of 2.0 to 5.0 mils;
        ``(b) a basis weight of 60 to 100 grams per sq. meter;
        ``(c) a machine tensile strength of 4.0 kg. per 15 mm or 
                greater;
        ``(d) a low cross-direction tensile strength of 1.0 kg. per 15 
                mm or greater;
        ``(e) a Frazier air permeability of 0.5 to 20 cfm per sq. ft.;
        ``(f) a roll width of no greater than 41 inches; and
        ``(g) a roll length of no greater than 2,200 meters.''; and
            (2) by inserting in numerical sequence the following new 
                heading:
      

       ``  9902.56.03    Nonwoven fiber                                                                         
                          sheet                                                                                 
                          (provided for                                                                         
                          in subheading                                                                         
                          5603.13.00)...  Free             No change        No change        On or before 12/   
                                                                                              31/98             
                                                                                                              ''

SEC. 2. APPLICABILITY.

    The amendments made by section 1 apply to goods entered, or 
withdrawn from warehouse for consumption, on or after the 15th day 
after the date of the enactment of this Act.
                                 <all>
```
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 27, 2008 Clifford W. Taylor, Chief Justice
131275 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly ROGER E. COLE, Personal Representative of the Estate of Laura Kinney, Deceased, Plaintiff-Appellee, Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 131275 COA: 268688 Hillsdale CC: 05-000655-NH WILLIAM KEATING, M.D., Defendant-Appellant,

and

HILLSDALE COMMUNITY HEALTH CENTER, Defendant.

________________ _______________ __________/

By order of October 17, 2007, the appli cation for leave to appeal the April 18, 2006 order of the Court of Appeals was held in abeyance pending the decision in Braverman v Garden City Hospital (Docket Nos. 134445-6). On order of the Court, the case having been decided on April 9, 2008, 480 Mich 1159 (2008), the application is again considered, and it is DENIED, becaus e we are not persuaded that the question presented should be review ed by this Court.

l0519 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 27, 2008

Clerk
EXHIBIT 32(b)


                      18 U.S.C. Section 1350 Certifications


I hereby certify pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that
the accompanying Form 10-K of Southwest Bancorp, Inc. ("Southwest") for the
annual period ended December 31, 2003, fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)); and that the information contained in this Form 10-K fairly presents,
in all material respects, the financial condition and results of operations of
Southwest.

By: /s/ Kerby Crowell                                March 12, 2004
    -----------------------------------------        ----------------
    Kerby Crowell                                          Date
    Executive Vice President, Chief Financial
    Officer and Secretary
    (Principal Financial Officer)
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

FREDERICK OPIYO,

Plaintiff, CASE NO: 09-13609

vs. DISTRICT JUDGE GEORGE CARAM STEEH

MAGISTRATE JUDGE CHARLES E. BINDER

VIRG STRICKLER, et al,

Defendants.

/

ORDER STRIKING DOCUMENTS

This order is entered under the authority given to this Magistrate

Judge in an Order of Reference issued by District Judge Steeh

pursuant to 28 U.S.C. § 636(b)(1)(A).

Counsel for Plaintiff filed a “Reply To Defendants’ Answer” and a “Plaintiff’s Answer to

Defendants’ Notice of Special and/or Affirmative Defenses” on April 6, 2010. (Docs. 19, 20). 

Both documents recant the same cursory phrase after each numbered paragraph: “denying

same as false and completely untrue.” (Id.) 

Plaintiffs are not allowed to reply to answers unless a court order provides that they

may do so. Fed. R. Civ. P. 7(a)(7)(“only these pleadings are allowed...if the court orders one,

a reply to an answer”). Since no such order has been issued, Plaintiff’s “Reply to

Defendants’ Answer” will be stricken. 

“Although under common law parties had to respond to any new matter raised in an

initial pleading by the other party, Federal Rule of Civil Procedure 7(a) ‘eliminates the

requirement of a mandatory reply to a “new matter” [and] Rule 8(d) provides that when no

responsive pleading is required, the allegations in a pleading are deemed denied or avoided.”

In Re Enron Corp. Sec., 540 F. Supp. 2d 759, 795-96 (S.D. Tex. 2007). Therefore, it was not

necessary for Plaintiff to file any responsive pleading to the affirmative defenses to deny the

allegations contained therein so striking the “Answer” to the affirmative defenses will do
Plaintiff no harm. In addition, since “the Court has not granted Plaintiff leave to reply to

defendant’s answer - including the affirmative defenses...the answer is not a pleading to

which a responsive pleading is allowed under Rule 12(e).” Wilhelm v. TLC Lawn Care, Inc.,

No. 07-2465-KHV, 2008 WL 474265, at * 2 (D. Kan. Feb. 19, 2008).

Accordingly, IT IS ORDERED that documents19 and 20 are hereby STRICKEN, and

the images shall be removed from the electronic record.

Review of this order is governed by 28 U.S.C. § 636(b)(1), FED. R. CIV. P. 72, and E.D.

Mich. LR 72.1(d). 

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: April 6, 2010 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Order was electronically filed this date, and electronically

served on Michael Cutler and John Gillooly.

Date: April 6, 2010 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder
#### John E. Mann, Rachel Blivin and Joseph Rice, appellants, *vs.*Charles H. Russell, appellee.

*Appeal from McHenry.*

The verdict should be manifestly against the weight of evidence, in order to demand any interference with it on the part of this Court.

This Court will not look into affidavits in relation to the conduct of jurors, or examine the instructions given and refused, merely because the clerk has copied them into the transcript. They should be incorporated in the bill of exceptions.

This was an action on the case, for obstructing a water course and causing the water to flow back upon the mill of appellee, brought by him against the appellants, which was heard before Henderson, Judge, and a jury, at April term, 1850, in the McHenry Circuit Court; and a verdict and judgment for appellant, for the sum of *$*835 *20.*The defendants in the Court below appealed to this Court, and assigned several errors. The bill of exceptions was so loosely taken as not to enable this Court to examine the errors assigned.

Strode & Bush, for appellants.

I. N. Arnold, for appellee.

Opinion by Treat, C. J.:

Although numerous errors have been assigned in this case, but two questions are legitimately reserved on the record—one *587growing out of a decision rejecting an offer by the appellants to read in evidence, from a newspaper, an advertisement purporting to be signed by the appellee; the other arising on the refusal of the Court to grant a new tidal. As to the first question, it is sufficient to remark, that the appellants did not show, nor offer to show, that the advertisement emanated from the appellee. In order to a correct determination of the other question, we have carefully considered the evidence, and cannot sa.y that the verdict was manifestly against the weight of evidence. On the contrary, the testimony was conflicting and contradictory, to such a degree, that a finding either way would not have demanded any interference on the part of the Court. We are not at liberty to look into the affidavits relating to the conduct of the jurors, or the instructions given and refused by the Court. They are not a part of the record, merely because the clerk has copied them into the transcript. They should have been incorporated in the bill of exceptions. Besides, the case fails to show that any exceptions were taken to the decision of the Court in giving and refusing instructions. The other decisions, in admitting and excluding evidence, were not excepted to, and, consequently, are not subject to revision in this Court.

Affirm the judgment, with costs.

*Judgment affirmed.*
<PAGE>

                                                                      EXHIBIT 21


                         SUBSIDIARIES OF THE REGISTRANT


The following is a list of all subsidiaries of the Registrant.


                                                                Jurisdiction of
      Name                                                      Incorporation
      -------------------------------------------------------------------------
      SBI Capital Trust                                         Delaware
      OKSB Statutory Trust I                                    Connecticut
      SBI Capital Trust II                                      Delaware
      Business Consulting Group, Inc.                           Oklahoma
      Healthcare Strategic Support, Inc.                        Oklahoma
      SNB Bank of Wichita                                       United States
      Stillwater National Bank & Trust Company                  United States
        Cash Source, Inc.*                                      Oklahoma
        CRK Properties, Inc.*                                   Oklahoma
        SWB, Inc.*                                              Oklahoma
        SNB Insurance Agency, Inc. *                            Oklahoma
        SNB Real Estate Holdings, Inc. *                        Delaware
        Stillwater National Building Corporation*               Oklahoma
        BNS, Inc.**                                             Oklahoma
        SNB REIT, Inc.***                                       Delaware
        Stillwater Properties, Inc.****                         Oklahoma
        Grand Hill Investments, LLC*****                        Oklahoma

*        Direct subsidiary of Stillwater National Bank & Trust Company.
**       Direct subsidiary of CRK Properties, Inc.
***      Direct subsidiary of SNB Real Estate Holdings, Inc.
****     Direct subsidiary of Stillwater National Building Corporation
*****    Direct subsidiary of Stillwater Properties, Inc.
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU LY 13, 2018

NO. 03

- 18

- 00251

- CV

Jennifer Castilleja, Appellant

v.

Terryl Monterastelli and Kahlig Enterprises, Inc. d/b/a Bluebonnet Motors, Appellee s

APPEAL FROM THE 274TH DI STRICT COURT OF COMAL COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND FIELD

AFFIRMED

-- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment signed by the tr i a l court on July 26, 2016. Having reviewed

the record and the parties’ arguments, the C ourt holds that there was no reversible error in the

trial court’s judgment . Therefore, the C ourt affirms the tr ial court’s judgment

. The appellant

shall pay all costs relating to this appeal, both in this Court and in the court below.
Exhibit 31.2




CERTIFICATION
OF CHIEF FINANCIAL OFFICER




I, Carl
Oberg, Chief Financial Officer of Classic Costume Company, Inc., (the
“Registrant”), certify that:




1.    I
have reviewed this quarterly report on Form 10-Q of the Registrant;




2.    Based
on my knowledge, this quarterly report does not contain any untrue statement of
a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this quarterly
report;




3.    Based
on my knowledge, the financial statements, and other financial information
included in this quarterly report, fairly present in all material respects the
financial condition, results of operations and cash flows of the Registrant as
of, and for, the periods presented in this quarterly report;




4.    The
Registrant’s other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules
13a-15(e) and 15d-15(e)) for the Registrant and we have:




(a)    designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the Registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;




(b)    evaluated
the effectiveness of the Registrant’s disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and




(c)    disclosed
in this quarterly report any change in the Registrant’s internal control over
financial reporting that occurred during the Registrant’s most recent fiscal
quarter that has materially affected, or is reasonably likely to materially
affect, the Registrant’s internal control over financial reporting;
and




5.    The
Registrant’s other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the
Registrant’s auditors and the audit committee of Registrant’s board of
directors:




(a)    all
significant deficiencies and material weaknesses in the design or operation of
internal controls over financial reporting which are reasonably likely to
adversely affect the Registrant’s ability to record, process, summarize and
report financial information; and




(b)    any
fraud, whether or not material, that involves management or other employees who
have a significant role in the Registrant’s internal controls over financial
reporting.




Dated:
August 18, 2008




/s/
      Carl Oberg
              Carl
      ObergChief
      Financial Officer(Principal
      Financial and Accounting Officer)
EXHIBIT 32.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
                        ACTING CHIEF FINANCIAL OFFICER OF
                                AVRO ENERGY INC.
            FORM 10-Q FOR THE THREE MONTH PERIOD ENDED MARCH 31, 2009
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Mike P. Kurtanjek, am the Chief Executive Officer and acting Chief Financial
Officer of Avro Energy Inc., a Nevada corporation (the "Company"). I am
delivering this certificate in connection with the Quarterly Report on Form 10-Q
of the Company for the three month period ended March 31, 2010 and filed with
the Securities and Exchange Commission ("Quarterly Report").

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Quarterly Report fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Quarterly Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.


Date: May 17, 2010          By: /s/ Mike P. Kurtanjek
                                ------------------------------------------------
                                Mike P. Kurtanjek
                                Chief Executive Officer, President,
                                acting Chief Financial Officer,
                                acting Principal Accounting Officer and Director