alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices 

# Order

June 17, 2009

137749

RICHARD R. ROBERTS and STACEY D. ROBERTS, Plaintiffs-Appellants, SC: 137749 v COA: 275458 Leelanau CC: 05-007063-CK ROBERT L. SAFFELL and JOANNE O. SAFFELL, Defendants-Appellees.

________________ _______________ __________/

On May 13, 2009, this Court heard oral argument on the applic ation for leave to appeal the August 21, 2008, judgment of the Court of Appeals. On order of the Court, the application is again considered and, purs uant to MCR 7.302(G)(1 ), in lieu of granting leave to appeal, we AFFIRM the judgment of the Court of Appeals. Plaintiffs unknowingly purchased a termite-infested house from defendants. Under the Seller Disclosure Act (SDA), MCL 565.951 et seq ., defendants were required to prepare a Seller’s Disclosure Statement (SDS) regardin g “the condition and information concerning the property, known by [sellers.]” MCL 56 5.957(1). In response to the question concerning whether the house had a “history of infestation . . . (term ites, carpenter ants, etc.),” defendants, “based on [their] kno wledge at the signing of this document,”

answered “no” on the SDS. Id . Once plaintiffs subsequently discovered a termite problem, they initiated a claim for innocent misrepresentation, which requires a showing that defendants: (1) made a false statement in a transaction with pl aintiff, (2) without knowledge of that statement’ s falsity, (3) which statement actually deceived plaintiffs, and (4) on which plaintiffs de trimentally relied, with the be nefit inuring to defendants. United States Fidelity & Guaranty Co v Black , 412 Mich 99, 116 (1 981). However, the SDA provides that a seller is “not liable for any error, inaccuracy, or omission in any information delivered pursuant to this act if the error, ina ccuracy, or omission was not within the personal knowledge of the transferor . . . .” MC L 565.955(1). Thus, because a claim for innocent misrepresentation requires that a defendant make a false statement without knowledge of its falsity, the Co urt of Appeals correctly held that innocentI, 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.

_______________________________________ __ Clerk June 17, 2009 2

misrepresentation does not constitute a viable cause of action under the SDA. Whether defendants did or did not possess personal kn owledge of the infestation is a matter not before this Court as a result of plai ntiffs’ abandonment of their fraudulent misrepresentation claim and their exclusive focus on their innocent misrepresentation

claim.
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 5 , 2021 

# Order

Clerk March 5 , 2021

16 1396 ( 7 2 )

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

SC: 16 1396

v COA: 34 3432

Genesee CC: 16

- 040020

- FC

DONALD WAYNE DAVIS

, JR

. , Defendant

- Appellant.

_______________________________________ _ /

On order of the Chief Justice, the motion of defendant

- appellant to extend the time

for filing his supplement brief is GRANTED. The supplemental brief will be accepted as

timely filed if submitted on or before April 14 , 2021

.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

HONORABLE MARCIA S. KRIEGER

Courtroom Deputy: Patricia Glover Date: June 25, 2012

Court Reporter: Paul Zuckerman

Probation Officer: Jeannette Woll

Interpreter: Malinda Gonzales-Hibner

Criminal Action No. 11-cr-00396-MSK

Parties: Counsel:

UNITED STATES OF AMERICA, Mark Barrett

Plaintiff,

v.

FERNANDEZ VALENTE CHAVEZPEREZ,Edward Pluss

Defendant.

SENTENCING MINUTES

______________________________________________________________________________

 11:04 a.m. Court in session.

Defendant present in custody.

Interpreter sworn.

Change of Plea Hearing on November 21, 2012. Defendant pled guilty to Count 1 of the

Indictment.

Parties received and reviewed the presentence report and all addenda.

The parties do not dispute the facts contained in the presentence report.

The parties do not dispute the calculation of the sentence under the Federal Sentencing

Guidelines as set forth in the original presentence report.

The parties do not request departure.

The parties do contend that the sentence should be different from that calculated under the

Sentencing Guidelines in light of the sentencing objectives set forth in 18 U.S.C. Section

3553(a). (Doc. #26, #34). Agrument.

Allocution. - Statements made by: The Government, the defendant, defense counsel.
Sentencing Minutes

Judge Marcia S. Krieger

Page 2

After consideration of the provisions of 18 U.S.C. 3553 (a), the Court announces the sentence it

intends to impose as reflected in the record. Counsel are offered the opportunity for further

argument. No further argument.

ORDER: Motion at Doc. #31 is WITHDRAWN. Motions for Variance (Doc. #26, #34)

are GRANTED.

THE DEFENDANT IS SENTENCED AS REFLECTED IN THE RECORD.

The defendant is advised of his right to appeal.

ORDER: Defendant is remanded to the custody of the United States Marshal for the

District of Colorado.

11:24 a.m. Court in recess.

Total Time: 20 minutes.

Hearing concluded.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-8063

MAURICE GARVIN,

Petitioner - Appellant,

versus

THEODIS BECK, Secretary,

Respondent - Appellee.

Appeal from the United States District Court for the Western

District of North Carolina, at Charlotte. Graham C. Mullen, Senior

District Judge. (3:06-cv-00460)

Submitted: March 22, 2007 Decided: March 30, 2007

Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Maurice Garvin, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Maurice Garvin seeks to appeal the district court’s order

dismissing as untimely his 28 U.S.C. § 2254 (2000) petition. The

order is not appealable unless a circuit justice or judge issues a

certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue absent “a substantial

showing of the denial of a constitutional right.” 28 U.S.C.

§ 2253(c)(2) (2000). A prisoner satisfies this standard by

demonstrating that reasonable jurists would find that any

assessment of the constitutional claims by the district court is

debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude that Garvin has not

made the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. 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
#### COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. Herman A. HOLSTEN, as Ancillary Executor for the Estate of Luisa Terry Ponvert, Respondent.

No. 73.

Circuit Court of Appeals, Second Circuit.

Dec. 6, 1937.

James W. Morris, Asst. Atty. Gen., and Sewall Key and L. W. Post, Sp. Assts. to Atty. Gen., for petitioner.

George W. Phillips, Jr., of New York City (J. Robert Sherrod and O. H. Chmil- • lon, both of Washington, D. C., of counsel), for respondent.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

Decision affirmed on opinion of the Board of Tax Appeals.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### U.S. Customs and Border Protection 

# AGENCY:

U.S. Customs and Border Protection, Department of Homeland Security. 

# ACTION:

Notice of accreditation and approval of Camin Cargo Control, Inc., as a commercial gauger and laboratory. 

# SUMMARY:

                        Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 CFR 151.13, Camin Cargo Control, Inc., 1550 Industrial Park Drive, Nederland, TX 77627, has been approved to gauge and accredited to test petroleum and petroleum products, organic chemicals and vegetable oils for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to                         *cbp.labhq@dhs.gov*. Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories.                         *http://cbp.gov/​xp/​cgov/​import/​operations_​support/​labs_​scientific_​svcs/​commercial_​gaugers/​*

# DATES:

The accreditation and approval of Camin Cargo Control, Inc., as commercial gauger and laboratory became effective on March 12, 2007. The next triennial inspection date will be scheduled for March 2010. 

# FOR FURTHER INFORMATION CONTACT:

Commercial Gauger Laboratory Program Manager, Laboratories and Scientific Services, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-1060. 

Dated: January 31, 2008. 

Ira S. Reese, 

Executive Director, Laboratories and Scientific Services.

 [FR Doc. E8-2435 Filed 2-11-08; 8:45 am] 

BILLING CODE 9111-14-P
DISTRICT COURT, ARAPAHOE COUNTY, 

COLORADO 

Court Address: 7325 S. Potomac St., Englewood, CO 

80112 

Plaintiff: CS Capital Corp. dba The Invoice Bankers 

Corp. 

Defendants: Local Senior Services, a Nevada corporation, 

and Randy Kalani Fahilga 

Attorney for CS Capital Corp. dba The Invoice Bankers 

Corp.: 

Name: Andrew M. Toft 

Address: 216 16th Street, Suite 1210 

 Denver, CO 80202-5194 

Phone Number: (303) 436-0980 

Fax Number: (303) 436-0983 

E-mail: andrewmtoft@andrewmtoft.com 

Atty.Reg. #12550

S COURT USE ONLY S

Case Number 11CV502 

Division 408 

ORDER GRANTING SECOND MOTION FOR EXTENSION OF TIME TO FILE 

RETURNS OF SERVICE 

THE COURT, having read plaintiff's second motion for extension of time file returns of 

service, 

ORDERS: 

Plaintiff CS Capital Corp. dba The Invoice Bankers Corp. is granted an extension of time 

to and including Friday, September 2, 2011, to file returns of service. 

SO ORDERED this day of 2011 

BY THE COURT: 

________________________________ 

Elizabeth A. Weishaupl 

Arapahoe District Court Judge 

Charles M. Pratt 

District Court Judge 

DATE OF ORDER INDICATED ON ATTACHMENT 

The moving party is hereby ORDERED 

to provide a copy of this Order to any pro 

se parties who have entered an

appearance in this action within 10 days

from the date of this order.

GRANTED 

EFILED Document 

CO Arapahoe County District Court 18th JD 

Filing Date: Jun 28 2011 4:55PM MDT 

Filing ID: 38405453 

Review Clerk: N/A

Case 1:11-cv-02357-WYD-MEH Document 4 Filed 09/07/11 USDC Colorado Page 1 of 2
/s/ Judge Charles M Pratt 

Court: CO Arapahoe County District Court 18th JD 

Judge: Elizabeth A Weishaupl 

File & Serve 

Transaction ID: 38372546 

Current Date: Jun 28, 2011 

Case Number: 2011CV502 

Case Name: CS Capital Corp. dba The Invoice Bankers Corp. v. Local Senior Services, a Nevada 

corporation, and Randy Kalani Fahilga 

Case 1:11-cv-02357-WYD-MEH Document 4 Filed 09/07/11 USDC Colorado Page 2 of 2
| Skip to Content*Release Date: December 7, 2006*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.10 Derivation of Measures of Personal Saving1** |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
```

[Federal Register Volume 73, Number 200 (Wednesday, October 15, 2008)]
[Notices]
[Page 61019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24479]

[[Page 61019]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

Docket 28-2007, Docket 29-2007, Docket 30-2007

Foreign-Trade Zone 158 - Vicksburg/Jackson, MS, Requests for 
Manufacturing Authority, Comment Period on New EvidenceLane Furniture 
Industries, Inc.; H.M. Richards, Inc.; Bauhaus USA, Inc. (Upholstered 
Furniture)

    On October 8, 2008, the applicant in the above-referenced 
proceedings made a submission to the Foreign-Trade Zones Board 
containing new factual evidence on which there has not been an 
opportunity for public comment. Public comments limited to the evidence 
in the October 8, 2008, submission may be submitted until November 14, 
2008. Rebuttal comments may be submitted during the subsequent 15-day 
period, until December 1, 2008. Submissions (original and 3 copies) 
shall be addressed to the Board's Executive Secretary at: Foreign-Trade 
Zones Board, U.S. Department of Commerce, Room 2111, 1401 Constitution 
Ave., NW, Washington, DC 20230. For further information, contact Pierre 
Duy, examiner, at: (202) 482-1378 or [email protected].

    Dated: October 9, 2008.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8-24479 Filed 10-14-08; 8:45 am]
BILLING CODE 3510-DS-S
```
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED September 8, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41413 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JUAN ISRAEL CORTEZ-BERTIS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-CR-597-ALL

-------------------- Before KING, GARWOOD, and JOLLY, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Israel Cortez-Bertis raises arguments that are foreclosed by AlmendarezTorres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is
AFFIRMED.
```

                                                                    Exhibit 32.2

                                  CERTIFICATION
 PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (SUBSECTIONS (A) AND
        (B) OF SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code), the
undersigned officer of AMERICAN TECHNICAL CERAMICS CORP., a Delaware corporation
(the "Company"), does hereby certify, to such officer's knowledge, that:

The Quarterly Report on Form 10-Q for the period ended September 30, 2004 (the
"Form 10-Q") of the Company fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, and the information
contained in the Form 10-Q fairly presents, in all material respects, the
financial condition and results of operations of the Company.

          Dated:   November 12, 2004                   /S/ANDREW R. PERZ
                  -------------------              -------------------------
                                                    Chief Financial 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.
```
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Form 10-Q
for the quarter  ended June 30, 1997 for May Limited  Partnership  1984-3 and is
qualified in its entirety by reference to such Form 10-Q.
</LEGEND>
<CIK>                         0000765946
<NAME>                        May Limited Partnership 1984-3
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-mos
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-END>                                   Jun-30-1997
<CASH>                                         326
<SECURITIES>                                   0
<RECEIVABLES>                                  204
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               530
<PP&E>                                         7,718
<DEPRECIATION>                                 7,657
<TOTAL-ASSETS>                                 591
<CURRENT-LIABILITIES>                          38
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     553
<TOTAL-LIABILITY-AND-EQUITY>                   591
<SALES>                                        745
<TOTAL-REVENUES>                               765
<CGS>                                          0
<TOTAL-COSTS>                                  117
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                648
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            648
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   648
<EPS-PRIMARY>                                  64.10
<EPS-DILUTED>                                  64.10
        


</TABLE>
Exhibit 32.2


CERTIFICATION PURSUANT TO


18 U.S.C., SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Hickory Tech Corporation on Form 10-Q for the period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David A. Christensen, Chief Financial Officer of HickoryTech, 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 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 HickoryTech.







/s/ David A. Christensen


David A. Christensen


Senior Vice President and Chief Financial Officer


October 29, 2009
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60285-60286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24174]


-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Notice of Proposals to Engage in Permissible Nonbanking 
Activities or to Acquire Companies that are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y (12 CFR Part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company, including the 
companies listed below, that engages either directly or through a 
subsidiary or other company, in a nonbanking activity that is listed in 
Sec.  225.28 of Regulation Y (12 CFR 225.28) or that the Board has 
determined by Order to be closely related to banking and permissible 
for bank holding companies. Unless otherwise noted, these activities 
will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act. Additional information on all 
bank holding companies may be obtained from the National Information 
Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than October 27, 2008.
    A. Federal Reserve Bank of Richmond (A. Linwood Gill, III, Vice 
President) 701 East Byrd Street, Richmond, Virginia 23261-4528:
    1. Royal Bank of Canada, Montreal, Canada, through Moneris 
Solutions Corporation, Toronto, Canada, to indirectly acquire Humboldt 
Merchant Services, LP, Reno, Nevada, and thereby engage in lending, 
activities related to extending credit, and data processing activities, 
pursuant to sections 225.28(b)(1), (b)(2), and (b)(14) of Regulation Y.
    B. Federal Reserve Bank of Chicago (Burl Thornton, Assistant Vice 
President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. Illinois National Bancorp, Inc., Springfield, Illinois, to 
engage de novo in lending activities, pursuant to section 225.28(b)(1) 
of Regulation Y.


[[Page 60286]]


    Board of Governors of the Federal Reserve System, October 7, 
2008.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. E8-24174 Filed 10-9-08; 8:45 am]
BILLING CODE 6210-01-S