alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7682

PAUL K. MCINTURFF,

Petitioner - Appellant,

versus

THOMAS R. CORCORAN, Mr. Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Alexander Harvey II, Senior District

Judge. (CA-97-1556-H)

Submitted: April 29, 1998 Decided: May 14, 1998

Before MURNAGHAN, NIEMEYER, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Paul K. McInturff, Appellant Pro Se. John Joseph Curran, Jr.,

Attorney General, Annabelle Louise Lisic, OFFICE OF THE ATTORNEY

GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Paul McInturff appeals the filing of the Respondents' response

to his habeas corpus petition, the district court order granting

McInturff in forma pauperis status and ordering the Respondents to

show cause why the writ should not be granted, and the district

court's order granting McInturff thirty days to respond to the Respondents' response. We dismiss the appeal for lack of jurisdiction

because the orders are not appealable. This court may exercise

jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and

certain interlocutory and collateral orders, 28 U.S.C. § 1292

(1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan

Corp., 337 U.S. 541 (1949). The orders and filings here appealed

are neither final orders nor appealable interlocutory or collateral

orders.

We deny a certificate of appealability, deny leave to proceed

in forma pauperis, and dismiss the appeal as interlocutory. 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.

DISMISSED
PITTSBURGH & WEST VIRGINIA RAILROAD
                              FORM 10-Q
<TABLE>
PART I.  FINANCIAL INFORMATION

<CAPTION>
STATEMENT OF INCOME

(Dollars  in Thousands Except Per Share Amounts)

                                      Unaudited          Unaudited
                                   3 Months Ended      6 Months Ended
                                      June 30             June 30
                                   2000      1999      2000      1999

INCOME AVAILABLE FOR DISTRIBUTION:
     <S>                           <C>       <C>       <C>       <C>
     Cash Rental                   $229      $229      $458      $457
     Interest                         -         -         -         -
                                    229       229       458       457

     Less general and
          administrative expenses    26        22        42        39

               NET INCOME          $203      $207      $416      $418



Per Share:
(1,510,000 average shares outstanding)

     Net Income                    $ .13     $ .14     $ .28     $ .28
     Cash Dividends                  .14       .14       .27       .27

</TABLE>
'Hi3 EF21CT COWRT

L i b i 'ICT OF H .H. F ILE D

Z006 JUL I U P 12: 1 0

UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

United States of America

V .

Gordon Reid

0 R D E R

Criminal No . 05-cr-57-JD

The defendant has filed an emergency motion to stay

proceedings, viz . , the trial scheduled to commence on July 18,

2006, on the ground that the court of appeals has yet to issue a

mandate on its order of July 11, 2006, which rejected his

interlocutory appeal . That order, however, provided, "Mandate

shall issue forthwith," and the mandate in fact issued, on July

12, 2006 (this court's docket no . 374), returning jurisdiction to

this court . Trial will therefore commence as scheduled . Reid's

motion to stay (docket no . 375) is DENIED .

SO ORDERED .

United States District Ju d

seth A . DiClerico, Jr .

July 14, 2006

Case 1:05-cr-00057-SM Document 377 Filed 07/14/06 Page 1 of 2
CC : Gordon Reid, pro s e

Michael J . Iacopino, Esquire

Helen W . Fitzgibbon, Esquire

Clyde R . W . Garrigan, Esquire

U .S . Marshal

U .S . Probation

Case 1:05-cr-00057-SM Document 377 Filed 07/14/06 Page 2 of 2
#### Lane, Appellant, *v.*Cayuta Wheel & Foundry Company.

Argued March 18, 1908.

Appeal, No. 57, Jan. T., 1908, by plaintiff, from order of C. P. Bradford Co., Dec. T., 1902, No. 436, refusing to take off nonsuit in case of Ella M. Lane v. Cayuta Wheel *&*Foundry Company.

Before Mitchell, C. J., Brown, Mestrezat, Potter and Elkin, JJ.

Affirmed.

April 20, 1908 :

Opinion by

Mr. Justice Elkin,

Judgment affirmed for reasons stated in the opinion in Lane v. Sayre Water Company, No. 58, January Term, 1908, ante, p. 599.
#### NATIONAL AIRLINES, Incorporated, and Troy Haigler and Xander Loos, Appellants, v. COUNTY OF DADE, Florida, By Its Board of County Commissioners Acting as Dade County Port Authority, Appellees.

Supreme Court of Florida. Special Division A.

Dec. 7, 1954.

*278Anderson, Scott, McCarthy & Preston, Miami, for appellant.

J. Mark Wilcox, Hudson & Cason, Miami, for appellee.

SEBRING, Justice.

This is an appeal from a final decree of the Circuit Court for Dade County validating a proposed $21,000,000 issue of “revenue bonds” by the Dade County Port Authority.

The sole ground upon which appellant, National Airlines, sought to intervene and contest the validation proceedings below was its assertion that there existed a danger that revenues would not be sufficient to pay the obligations by virtue of the fact that the Authority had violated an agreement with National with respect to equal allocation of space in the terminal building constituting a portion of the county airport improvements to be built with the funds; that National had instituted a court action to compel reallocation, of which proceeding it requested the court to take judicial notice; that if such action were successful, then, predicts National, other lessee-airlines forced to accept less favorable allocation will, since they are not otherwise bound by contract, refuse to lease any space, and the Authority will be thereby deprived of considerable revenue.

The court below denied National’s proffer of its contract with the Authority which was alleged to have been violated, and held that the issues were not properly raised in validation proceedings. We find no error in this ruling.

In its answer the appellant did not contest the right, power, and authority of Dade County to issue and sell the revenue bonds, and did not contend that the bond validating statutes had not been tracked, or that the proceeds of the bonds were to be used for other than a lawful county purpose. All that it sought to do was to inject collateral matters that have no place in a bond validation proceeding. Atlantic Coast Line R. Co. v. City of Lakeland, 130 Fla. 72, 177 So. 206; Town of Riviera Beach v. State, Fla., 53 So.2d 828; Chase v. City of Sanford, Fla., 54 So.2d 370, 374.

The decree appealed from should be affirmed. State v. Dade County, Fla., 70 So.2d 837.

It is so ordered.

ROBERTS, C. J., and MATHEWS and HOBSON, JJ., concur.
EXHIBIT
      32.1






CERTIFICATION
      PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the quarterly report on Form 10-Q of Porta Systems Corp. (the
      “Company”) for the period ended September 30, 2006, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Edward
      B. Kornfeld, the Chief Executive Officer and Chief Financial Officer of the
      Company, do hereby certify pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief
      that:




(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 Company.




Dated:
                November 14, 2006
            
            
            
            /s/
                Edward B. KornfeldEdward
                B. Kornfeld
              Chief
                Executive Officer
              and
                Chief Financial Officer




This
      certification accompanies each Report pursuant to §906 of the Sarbanes-Oxley Act
      of 2002 and shall not, except to the extent required by the Sarbanes-Oxley
      Act
      of 2002, be deemed filed by the Company for purposes of §18 of the Securities
      Exchange Act of 1934, as amended.




A
      signed
      original of this written statement required by §906 of the Sarbanes-Oxley Act of
      2002 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.




Page
            22 of 22
#### Donald W. Wilkinson et al., Appellants, v Robert Hoelscher, Respondent.

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiff vendees appeal from an order granting the motion of defendant vendor for summary judgment dismissing the complaint in plaintiffs’ action for specific performance of a contract for the sale of real property. Although both parties assert that they are entitled to summary judgment, we hold that neither party is entitled to summary judgment on this sparse record.

Defendant offered no competent proof in support of his motion, nor can summary judgment be upheld on the basis of his legal contentions. Defendant’s first affirmative defense of laches is misplaced. In the absence of a showing of prejudice, that doctrine does not require dismissal of a contract action brought within two years after the alleged breach. Defendant’s second affirmative defense, which alleges that plaintiffs failed to perform by the closing date, is also legally and factually insufficient. A party’s failure to perform by the closing date specified in the contract does not constitute a material breach unless the other party has put him on notice that time is of the essence. Here, there is no indication in the record that defendant had declared time to be of the essence. Therefore, it is inconsequential that plaintiffs did not obtain a *820mortgage commitment until two weeks after the closing date. Finally, defendant’s argument that the contract did not contain a mortgage contingency clause is belied by the plain language of the contract. With respect to defendant’s contention that plaintiffs are "attempting to circumvent earlier decisions of this court which grant title and possession” to defendant, our prior decisions determined the rights of the parties under a different contract.

Similarly, the record is insufficient to warrant summary judgment for plaintiffs. Although it appears that plaintiffs diligently obtained a mortgage commitment, there is no indication in the record that they satisfied the conditions of that commitment or that they were otherwise ready, able or willing to perform. Nor is there anything in the record, apart from plaintiffs’ conclusory assertions, to show that they pursued a prompt closing in an effort to preserve their rights under the contract. Although plaintiffs allege that defendant thwarted their performance by refusing to provide the search and survey required by their lender, the record contains no proof of that assertion.

Finally, we note our disapproval of the fact that, after this contract was made, these same parties argued an appeal relating to an earlier contract of sale on the same property without informing this court of the existence of the new contract. (Appeal from order of Supreme Court, Erie County, Joslin, J.—summary judgment.) Present—Dillon, P. J., Den-man, Green, Pine and Lowery, JJ.
**EXHIBIT 35.1**

** **

** **

****

**World Omni Financial Corp.**

**Servicer Compliance Statement**

**Pursuant to Item 1123**

**of Regulation AB**

** **

** **

** **

I, Joseph A. Venezia,do hereby certify that I am the Chief Financial Officer of World Omni Financial Corp., a Florida corporation, and further certifyon behalf of World Omni Financial Corp. in its capacity as servicer (the “Servicer”) under the Sale and Servicing Agreement,dated as of August 1, 2018 (the “Agreement”), among World Omni Auto Receivables Trust 2018-C, as Issuing Entity, WorldOmni Auto Receivables LLC, as Depositor, and the Servicer, as follows:

 

(i)                 A review of the activities of the Servicer during the period covered by the issuing entity’s Annual Report on form10-K for the fiscal year ended December 31, 2019 (the “Reporting Period”), and of its performance under the Agreement,has been made under my supervision.

 

(ii)               To the best of my knowledge, based on the review described above, the Servicer has fulfilled all of its obligations underthe Agreement in all material respects throughout the Reporting Period.

 

IN WITNESS WHEREOF, I have hereuntoset my hand as of March 6, 2020.

 

 

WORLD OMNI FINANCIAL CORP.

 

 

By: /s/ Joseph Venezia                            

Name: Joseph Venezia

Title: Chief Financial Officer
<PAGE>
                 LIFE INSURANCE BENEFITS PROVIDED BY THE COMPANY
                     TO NIELS W. JOHNSEN AND ERIK F. JOHNSEN

     International Shipholding Corporation (the "Company") has agreements with
Erik F. Johnsen, Chairman of the Board of Directors and Chief Executive Officer,
and Niels W. Johnsen, a Director and former Chairman, whereby their estates will
be paid approximately $822,000 and $626,000, respectively upon death. The
Company maintains an insurance policy and has established reserves sufficient to
cover these benefits.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

359 KA 08-00632 PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND MARTOCHE, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER
HARRELL BONNER, ALSO KNOWN AS DAMIEN PROPHET, ALSO KNOWN AS PETE WALLER, DEFENDANT-APPELLANT. (APPEAL NO. 2.)

THOMAS E. ANDRUSCHAT, EAST AURORA, FOR DEFENDANT-APPELLANT.
HARRELL BONNER, DEFENDANT-APPELLANT PRO SE. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (NICHOLAS TEXIDO OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered January 28, 2008. The judgment convicted defendant, upon a jury verdict, of murder in the second degree (three counts). It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Same Memorandum as in People v Bonner ([appeal No. 1] ___ AD3d ___ [Apr. 27, 2012]).

Entered: April 27, 2012 Frances E. Cafarell Clerk of the Court
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

John A. Baldi

v.

John T. Broderick, Jr., et al

Case No. 04-cv-00466-PB

ORDER

No objection having been filed, I herewith approve the 

Report and Recommendation of Magistrate Judge Andrea K. 

Johnstone dated February 27, 2020 . Baldi’s motion to reopen 

(doc. no. 145) is denied. “‘[O]nly those issues fairly raised by 

the objections to the magistrate's report are subject to review 

in the district court and those not preserved by such objection 

are precluded on appeal.’” School Union No. 37 v. United Nat'l 

Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. 

Secretary of Health & Human Servs., 848 F.2d 271, 275 (1st 

Cir.1988)); see also United States v. Valencia-Copete, 792 F.2d 

4, 6 (1st Cir. 1986) (after proper notice, failure to file a 

specific objection to magistrate's report will waive the right 

to appeal). 

____________________________

Paul Barbadoro

United States District Judge

Date: March 30, 2020

cc: John Baldi, pro se

John Fagan, Esq.

/s/ Paul Barbadoro
Acknowledgment of Assignment



 Exhibit 10.22.1 
  
 [Letterhead of State Street Bank and Trust Company] 
  
 ACKNOWLEDGMENT OF ASSIGNMENT 
  

November 2, 2004 
  
 Scott Roney 
 Pacific Investment Management Company LLC 
 840 Newport Center Drive, Suite 300 
 Newport Beach, CA 92660 
  

	 	Re:	Investment Advisor Agreement, dated July 1, 2002 and amended July 16, 2004 between State Street Bank and Trust Company and [Investment Advisor] relating to the American Bar
Association Members/State Street Collective Trust (“Trust”) 

  
 Ladies and Gentlemen: 
  
 This is to notify you that
effective December 1, 2004, State Street Bank and Trust Company (“State Street”) will be replaced as trustee of the Trust by State Street Bank and Trust Company of New Hampshire, a New Hampshire Trust Company and wholly-owned subsidiary of
State Street (“State Street Trust Company”). 
  
 In
connection with the appointment of State Street Trust Company as trustee of the Trust, State Street hereby assigns its rights under the Investment Advisor Agreement to State Street Trust Company, and State Street Trust Company agrees to assume all
of such rights and all obligations under the Investment Advisor Agreement as of a effective date. 
  
 By countersigning this letter below and returning it to us, you acknowledge and agree to such assignment and that State Street Trust Company will be
deemed your counterparty for all purposes under the Investment Advisory Agreement effective as of December 1, 2004. 
  
 Sincerely, 
  

							
	State Street Bank and Trust Company	 	State Street Bank and Trust Company of New Hampshire
				
	 By:
	  	 /s/ Beth Halberstadt

	 	 By:
	  	 /s/ Gary Jenkins


	 Name:
	  	 Beth Halberstadt
	 	 Name:
	  	 Gary Jenkins

	 Title:
	  	 Vice President
	 	 Title:
	  	 Director

			
	Pacific Investment Management Company LLC	 	 	  	 
				
	 By:
	  	 /s/ Brent L. Holden

	 	 	  	 
	 Name:
	  	 Brent L. Holden
	 	 	  	 
	 Title:
	  	 Managing Director
Exhibit 21.1

METALS USA HOLDINGS CORP.

SUBSIDIARIES



|                                       |  |             
|-------------------------------------- |  | ------------
|Entity Name                            |  | Juris of Org
|Flag Intermediate Holdings Corporation |  | Delaware    

FLAG INTERMEDIATE HOLDINGS CORPORATION

SUBSIDIARIES



|                 |  |             
|---------------- |  | ------------
|Entity Name      |  | Juris of Org
|Metals USA, Inc. |  | Delaware    

METALS USA, INC.

SUBSIDIARIES



|                                                |  |             
|----------------------------------------------- |  | ------------
|Entity Name                                     |  | Juris of Org
|Allmet GP, Inc.                                 |  | Delaware    
|Allmet LP, Inc.                                 |  | Delaware    
|Interstate Steel Supply Co. of Maryland, Inc.   |  | Maryland    
|Intsel GP, Inc.                                 |  | Delaware    
|Intsel LP, Inc.                                 |  | Delaware    
|i-Solutions Direct, Inc.                        |  | Delaware    
|Jeffreys Real Estate Corporation                |  | Delaware    
|Jeffreys Steel Holdings, L.L.C.                 |  | Alabama     
|Levinson Steel GP, Inc.                         |  | Delaware    
|Levinson Steel LP, Inc.                         |  | Delaware    
|Metals Receivable Corporation                   |  | Delaware    
|Metals USA Building Products, L.P.              |  | Texas       
|Metals USA Building Products, Canada Inc.       |  | Ontario     
|Metals USA International Holdings, Inc.         |  | Delaware    
|Metals USA Carbon Flat Rolled, Inc.             |  | Ohio        
|Metals USA Contract Manufacturing, Inc.         |  | Delaware    
|Metals USA Finance Corp.                        |  | Delaware    
|Metals USA Flat Rolled Central, Inc.            |  | Missouri    
|Metals USA Management Co., L.P.                 |  | Delaware    
|Metals USA Plates and Shapes, Northeast, L.P.   |  | Delaware    
|Metals USA Plates and Shapes Southcentral, Inc. |  | Oklahoma    





---

|                                                            |  |               
|----------------------------------------------------------- |  | --------------
|Entity Name                                                 |  | Juris of Org  
|Metals USA Plates and Shapes Southeast, Inc.                |  | Alabama       
|Metals USA Plates and Shapes Southwest, Limited Partnership |  | Connecticut   
|Metals USA Realty Company                                   |  | Delaware      
|Metals USA Specialty Metals Northcentral, Inc.              |  | Delaware      
|MUSA Newark, L.L.C.                                         |  | Delaware      
|MUSA GP, Inc.                                               |  | Delaware      
|MUSA LP, Inc.                                               |  | Delaware      
|Queensboro, L.L.C.                                          |  | North Carolina
|Wilkof-Morris                                               |  | Ohio          



-2-
<PAGE>

EXHIBIT 32

   LIFESTYLE INNOVATIONS, INC FORM 10-QSB FOR THE QUARTER ENDED MARCH 31, 2004
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF ACCOUNTING OFFICER
                      PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Paul Johnson, certify that

1.       I am the Acting Chief Executive Officer and principal accounting
         officer of LifeStyle Innovations, Inc.
2.       Attached to this certification is Form 10-QSB for the quarter ended
         March 31, 2004, a periodic report (the "periodic report") filed by the
         issuer with the Securities Exchange Commission pursuant to Section
         13(a) or 15(d) of the Securities and Exchange Act of 1934 (the
         "Exchange Act"), which contains condensed consolidated financial
         statements.
3.       I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
         pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
         o        The periodic report containing the condensed consolidated
                  financial statements fully complies with the requirements of
                  Section 13(a) or 15(d) of the Exchange Act, and
         o        The information in the periodic report fairly presents, in all
                  material respects, the consolidated financial condition and
                  results of operations of the issuer for the periods presented.

May 17, 2004                                           /s/ Paul Johnson
                                                       ----------------
                                                       Paul Johnson
                                                       President, Acting CEO
                                                       (and equivalent of CFO)


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

This certification will not be deemed "filed" for purposes of Section 18 of the
Securities Exchange Act of 1934, or otherwise subject to the liability of that
section. This certification will not be deemed to be incorporated by reference
into any filing under the Securities Act of 1933 or the Securities Exchange Act
of 1934 even if the document with which it is submitted to the Securities and
Exchange Commission is so incorporated by reference.




                                       32
#### Chimo et al. *v.*Cook et al.

(No. 24200

Decided October 11, 1933.)

*Messrs. Herrick, Hopkins, Stockwell é Benesch,*for plaintiffs in error.

*Mr. Frank P. Cullitan;*prosecuting attorney, and *Mr. Thomas A. Burke, Jr.,*for defendants in error.

It is ordered and adjudged that said petition in error be, and the same is hereby, dismissed for the reason no debatable constitutional question is involved in said cause.

*Petition in error dismissed.*

Weygandt, C. J., Allen, Stephenson, Jones, Matthias and Bevis, JJ., concur.

Zimmerman, J., not participating.