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

No. 18
- 2377

BRIAN KIRK MALPASSO; MARYLAND STATE RIFLE AND PISTOL ASSOCIATION, INC. , Plaintiffs

- Appellants ,

v. WILLIAM M. PALLOZZI, in his official capacity as Maryland Secretary of State Police , Defendant

- Appellee

.

------------------------------------------ GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE; BRADY CENTER TO PREVENT GUN VIOLENCE; MARYLAND CHIEFS OF POLICE ASSOCIATION; EVERYTOWN FOR GUN SAFETY , Amici Supporting Appellee

.
Appeal from the United States District Court for the District of Maryland , at Baltimore

. Ellen L. Hollander , District Judge. ( 1:18

- cv
- 01064

- ELH )

Submitted : April 25 , 2019 Decided: April 29, 2019

Before FLOYD and QUATTLEBAUM , Circuit Judges , and TRAXLER , Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.2 David H. Thompson, Peter A. Patterson, Nicole J. Moss, John D. Ohlendorf, COOPER & KIRK, PLLC, Washington, D.C., for Appellants. Brian E . Frosh, Attorney General , Mark H. Bowen, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND , Pikesville, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Brian Kirk Malpasso and M aryland State Rifle and Pistol Association, Inc., appeal the district court’s dismissal of their complaint alleging that § 5

- 306(a)(5)(ii) of the Maryland Code of Public Safety is an unconstitutional burden on the Second Amendment’s right to keep and bear arms. Malpasso and the Association seek a declaratory judgment declaring that § 5

- 306(a)( 6 )(ii) is unconstitutional and an injunction precluding future enforcement of the statute and requiring the State to issue handgun carry licenses to Malpasso and the Association’s members. The district court granted the State’s motion to dismiss the complaint after Malpasso and the Association conceded that our ruling in Woollard v. Gallagher , 712 F.3d 865 (4th Cir. 2013), controlled. * On appeal, Malpasso and the As sociation acknowledge that this panel cannot

overturn Woollard . “A decision of a panel of this court becomes the law of the circuit and is binding on other panels unless overruled by a subsequent en ban c opinion of this court or a superseding contrary decision of the Supreme Court.” United States v. Collins , 415 F.3d 304, 311 (4th Cir. 2005) (internal quotation marks omitted). Therefore, we affirm the district court’s dismissal of the complaint. We dis pense with oral argument

* In Woollard , we held that assuming, without deciding, that § 5

- 306(a)( 6 )(ii)’s “good

- and

- substantial

- reason” requirement implicated Second Amendment protections, the provision did not unconstitutionally infringe upon the rights granted by the Second Amendment, as applied to the statute’s challenger. 712 F.3d at 882.4 because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

JANICE KNOX, WINTHROP S. KNOX, and WILLIAM C. TAGLAND
, Appellant s ,

v.

PPC, LLC, a Florida limited liability company, POOL PEOPLE COMMERCIAL, INC., a Florida corporation, RECREATIONAL DESIGN & CONSTRUCTION, INC., a Florida corporation, STEVEN L. SIEMS,

individually, and JOE CERRONE
,

Appellee s

.

No. 4D 13

- 3494

[June 10, 2015 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Michael L. Gat es , Judge; L.T. Case No. 06008018CACE

12

.

Mark K. McCulloch of Brownstone, P.A., Winter Park, for appellants.

John J. Shahady and Thomas R. Shahady of Kopelowitz Ostrow, Fort Lauderdale, for appellees.

P ER C URIAM

.

Appellants Janice Knox , Winthro p S. Kn ox, and William C. Tagland

appe al the order granting Appellees PPC, LLC, Recreational Design & Construction, Inc., Steven L. Siems, and Joe Cerrone’s amended motion for contempt and sanctions against Appellants entered prior to a final judgment in Appellees’ favor. Appellants challenge the trial court’s finding of contempt, as well as the trial co urt’s award of attorneys’ fees and costs to Appellees as a sanction in the order of contempt. Because Appellants have failed to provide an adequate record on appeal, we are unable to review the finding of contempt and therefore affirm. Bak v. Bak , 947 So

. 2d 621, 621 (Fla. 4th DCA 2007) (citing Applegate v. Barnett Bank of

Tallahassee , 377 So. 2d 1150 (Fla. 1979)).

As to the award of attorneys’ fees, we have previously noted that “orders awarding attorneys’ fees are only final and therefore appealable once the

trial court has set the amount of those fees.” Alexopoulos v. Gordon2

Hargrove & James, P.A. , 109 So. 3d 248, 250 (Fla. 4th DCA 2013) (emphasis in original). “An order merely finding entitlement to attorneys’

fees is a non

- final, non

- appealable order.” Id. (emphasis in original). The same is true of an award of attorneys’ fees as a sanction against a party in

favor of the other. See Cummings v . Campbell , 7 So. 3d 1135, 1137 (Fla. 4th DCA 2009). Whereas there has been no final judgment as to the amount of the award of attorneys’ fees against Appellants in the instant case, we dismiss the appeal as to this issue because it is premature. See

id.

Affirmed in part; Dismissed in part.

C IKLIN
, F ORST and K LINGENSMITH , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
**RB** IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 2 1 - 025 4 STATE OF MONTANA,

Plaintiff and Appellee , v. ANDREW ORLANDO BIGLEGGINS ,

Defendant and Appellant .

**ORDER** Upon consideration of Appellee’s motion for a 3 0 - day extension of time, and good cause appearing therefor, Appellee is gran ted an extension of time to and including Nove mber 22 , 2022 , within which to prepare, serve, and file its response brief.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

October 17 2022

10/17/2022

Case Number: DA 21-0254
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Notices]
[Page 52932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21540]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

National Security Agency


Notice of Intent To Grant an Exclusive License; Doar, Pekuin, 
Sall Limited Liability Company

AGENCY: National Security Agency, DoD.

ACTION: Notice.

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

SUMMARY: The National Security Agency hereby gives notice of its intent 
to grant Doar, Pekuin, Sall Limited Liability Company a revocable, non-
assignable, exclusive, license to practice the following Government-
Owned invention as described in U.S. Patent No. 6,404,407 entitled 
``Ridge laser with oxidized strain-compensated superlattice of group 
III-V semiconductor.'' The invention is assigned to the United States 
Government as represented by the National Security Agency.

DATES: Anyone wishing to object to the grant of this license has 
fifteen (15) days from the publication date of this notice to file 
written objections along with any supporting evidence, if any.

ADDRESSES: Written objections are to be filed with the National 
Security Agency Technology Transfer Program, 9800 Savage Road, Suite 
6541, Fort George G. Meade, MD 20755-6541.

FOR FURTHER INFORMATION CONTACT: Marian T. Roche, Director, Technology 
Transfer Program, 9800 Savage Road, Suite 6541, Fort George G. Meade, 
MD 20755-6541, telephone (443) 479-9569.

    Dated: August 25, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-21540 Filed 8-27-10; 8:45 am]
BILLING CODE 5001-06-P
#### PETER SCHER AND ELVIRA SCHER v. OCEAN COUNTY UTILITIES AUTHORITY.

November 12, 1985.

Petition for certification granted.
Exhibit
4.71




Woodside
Agency Services, LLC


25 Mall
Road


Burlington,
MA  01803





November
13, 2009





VIA
CERTIFIED MAIL AND FASCIMILIE


National
Investment Managers Inc.


485 Metro
Place South, Suite 275


Dublin,
Ohio  43017


Attn:
            Steven
      Ross





Re:
            Notice of Event of
      Default – Reservation of
Rights





Ladies
and Gentlemen:





Reference
is hereby made to that certain Securities Purchase Agreement, dated as of
November 30, 2007 (as amended and in effect from time to time, the “Securities Purchase
Agreement”), by and among National Investment Managers Inc., a Florida
corporation (the “Company”), Woodside
Capital Partners IV, LLC (“Woodside IV”),
Woodside Capital Partners IV QP, LLC (“QP”), Woodside
Capital Partners V, LLC, as assignee of Woodlands Commercial Bank (f/k/a Lehman
Brothers Commercial Bank) (“Woodside V”),
Woodside Capital Partners V QP, LLC, as assignee of Woodlands Commercial Bank
(f/k/a Lehman Brother Commercial Bank) (“Woodside V QP”, and
together with Woodside IV, QP, and Woodside V, the “Holders”) and
Woodside Agency Services, LLC as collateral agent for the Holders (the “Collateral Agent”).
Capitalized terms used but not defined herein shall have the same meanings
herein as in the Securities Purchase Agreement.





You have
informed the Collateral Agent that there have occurred and are continuing
certain Events of Default under Section 7.6 and Section 7.13 of the Securities
Purchase Agreement as a result of the Company’s failure to comply with the
maximum Leverage Ratio, minimum EBITDA, minimum Fixed Charge Coverage Ratio, and
maximum Capital Expenditures limit, in each case, for the fiscal period ending
September 30, 2009 (collectively, the “Existing
Defaults”).  As a result of the occurrence of the Existing
Defaults, the Collateral Agent and the Holders may, in their sole and absolute
discretion, proceed to enforce any and all rights under or in respect of the
Securities Purchase Agreement, the other Financing Agreements and applicable
law.





The
Collateral Agent, on behalf of itself and the Holders, hereby expressly reserves
all of its rights and remedies under the Securities Purchase Agreement, the
other Financing Agreements and applicable law in respect of the Existing
Defaults and any and all other Defaults or Events of Default under the
Securities Purchase Agreement and the other Financing
Agreements.  Effective November 15th, 2009
we will be enforcing our right to impose the default rate of interest pursuant
to Section 3.5(b) of the Securities Purchase Agreement.  Failure of
the Collateral Agent to exercise any right or remedy shall not constitute a
waiver of that or any other right or remedy.










Very
      truly yours,WOODSIDE AGENCY SERVICES,
      LLC, as Collateral AgentBy:
            Woodside
      Capital Management, LLC, its ManagerBy:
            /s/
      David B. RayName:
            David
      B. RayTitle:
            EVP





Cc:
            Stephen
      Fleming, Esq.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. RAFAEL VEA- M ARTI NEZ, D e f

e n d a n t - A p p e lla n t. N o. 10- 10049 D. C . No . 4 : 0 8 - c r - 0 1 5 2 2 - C KJ ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona C i ndyK . J or ge ns on, D i s tr i c tJ udge , P r e s i di ng S ubm i tt e d D e c e m be r14, 2010 ** B efo re: G O O D W IN , W A L L A C E , an dC L IF T O N , C i rcu i tJu d g es. R af ae l V ea -M art i nez app ea l s f rom the 97 -m on th sent ence i m po se d f o llo w in g h is g u ilty - p le ac o n v ic tio n f o rp o s s e s s io n w ith in te n t to d is tr ib u te m e tha m phe t a m i ne , i n vi ol a t i on of 21 U . S . C . § 841( a ) ( 1) a nd ( b) ( 1) ( A ) ( vi i i ) , a nd



# FI LED JAN 05 2 011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 10049 2 pos s e s s i on w i th i nt e ntt o di s tr i but e c oc a i ne , i n vi ol a t i on of 21 U . S . C . § 841( a ) ( 1) a n d ( b ) ( 1 ) ( B) ( i i ) ( I I ) . W e h a v e j u r i s d i c t i o n u n d e r2 8 U . S. C. § 1 2 9 1 , a n dw e a f f i rm. V e a - M a rt i ne z c ont e nds the di s tr i c tc ourte rr e d byappl y i ng the w r ong st andard w hen eval uat i ng w hether he s ho ul d rec ei ve a m i no r r ol e a dj ustm entun der the S ent enci ng G ui del i nes. H e m ai nt ai ns thatas a r es ul tof thi s e rr or, the di stri ct c ourti m pos e d as ubs t a nt i ve l yunr e a s onabl e s e nt e nc e . T he r e c or d r e f l e c t s tha tthe d is tr ic t c o u rt ap p lie d th e c o rr e c t s ta n d a r din d e n y in g th e a d ju s tm e n t, a n dth a t it d id notc l e a r l ye rrbyde t e rm i ni ng tha tV e a - M a rt i ne z di d nots us t a i n hi s bur de n of s h o w in g th a t h e w a s s u b s ta n tia llyle s s c u lp ab le th a n h is c o - p a rtic ip a n ts . See U n ite d S ta tes v . Ca n tr e ll , 43 3 F . 3d 12 69 , 12 82 -84 (9th C i r. 20 06 ). T he re cord fu rth erin d icates th at, u n d erth e to tali ty o f th e c ircu m stan ce s, V ea -M ar ti n ez ’s b e lo w - G u id e lin e s s e n te n c e is s u b s ta n tiv e lyr e a s o n ab le . See G al l v. U ni ted States , 5 5 2 U .S . 3 8 , 5 1 ( 2 0 0 7 ) ; U n ite d S ta tes v . Ca r ty , 520 F . 3d 984, 993 ( 9th C i r . 2008) (e n b anc) . AF F I RME D.
[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Page 61878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24447]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Minority Programs Review Committee, Minority 
Programs Review Subcommittee B.
    Date: November 14, 2008.
    Time: 8 a.m. to 5 a.m.
    Agenda: To review and evaluate grant applications.
    Place: Hilton-Rockville, 1750 Rockville Pike, Rockville, MD 
20852.
    Contact Person: Rebecca H. Johnson, PhD, Scientific Review 
Officer, Office of Scientific Review, National Institute of General 
Medical Sciences, National Institutes of Health, Natcher Building, 
Room 3AN18C, Bethesda, MD 20892, 301-594-2771, 
johnsonrhnigms.nih.gov.

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)

    Dated: October 7, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
 [FR Doc. E8-24447 Filed 10-16-08; 8:45 am]
BILLING CODE 4140-01-M
#### In re D. A. M., Respondent, v. STATE of Missouri, Appellant.

No. 55066.

Supreme Court of Missouri, Division No. 2.

Nov. 13, 1972.

Jerome R. Mandelstamm, St. Louis, for respondent.

John C. Danforth, Atty. Gen., John C. Craft, Asst. Atty. Gen., Jefferson City, for appellant. •

PER CURIAM:

The state has appealed from a judgment of the trial court wherein an attorney was allowed a fee of $1,000 (taxed as costs in the proceeding and ordered to be paid by the state) for services rendered for an indigent juvenile under an appointment by the trial court.

The cause was tried and the appeal lodged at a time when the decision of this court in State v. Green (State v. Coleman), Mo., 470 S.W.2d 571, was controlling.

The judgment is reversed.
**Exhibit
        32**


**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 on Form 10-Q of Reliv’ International, Inc.
      (the “Company”) for the quarterly period ended March 31, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), Robert L.
      Montgomery, as Chief Executive Officer of the Company, and Steven D. Albright,
      as Chief Financial Officer of the Company, each hereby certifies, 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 the Company.





/s/
      Robert L.
      Montgomery


Robert
      L.
      Montgomery


Chief
      Executive Officer





Date:
      May
      7, 2007





/s/
      Steven D.
      Albright


Steven
      D.
      Albright


Chief
      Financial Officer





Date:
      May
      7, 2007





The
      foregoing certification is being furnished solely pursuant to 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      and
      is not being “filed” as part of the Form 10-Q or as a separate disclosure
      document for purposes of Section 18 of the Securities Exchange Act of 1934,
      as
      amended (the “Exchange Act”), or otherwise subject to liability under that
      section. This certification shall not be deemed to be incorporated by reference
      into any filing under the Securities Act of 1933, as amended, or the Exchange
      Act except to the extent that this Exhibit 32 is expressly and specifically
      incorporated by reference in any such filing.





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.
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

Pursuant to 18 U.S.C. § 1350, the undersigned officer of Serologicals Corporation (the "Company"), hereby certifies that the Company's Quarterly
Report on Form 10-Q for the period ended September 26, 2004 (the "Report") as filed on the date hereof with the securities and Exchange Commission fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.

Dated:
November 3, 2004

| | /s/ Harold W. IngallsHarold W. Ingalls
Vice President, Finance and
Chief Financial Officer
| | ------------------------------------------------------------------------------------------

---



QuickLinks
EXHIBIT 21.1

SUBSIDIARIES OF MTC TECHNOLOGIES, INC.



|                                  |  |                       
|--------------------------------- |  | ----------------------
|Subsidiary                        |  | State of
Incorporation
|MTC Technologies, Inc.            |  | Ohio                  
|MTC Technologies Services, Inc.   |  | Ohio                  
|AMCOMP Corporation                |  | California            
|International Consultants, Inc.   |  | Ohio                  
|Vitronics, Inc.                   |  | New Jersey            
|Command Technologies, Inc.        |  | Virginia              
|OnBoard Software, Inc.            |  | Texas                 
|Manufacturing Technology, Inc.    |  | Florida               
|MTC Guam, LLC                     |  | Guam                  
|Aerospace Integration Corporation |  | Florida
#### E. BLACKWELL et al., Appellants, v. JONESBORO RURAL HIGH SCHOOL DISTRICT, Appellee.

No. 5356.

Court of Civil Appeals of Texas, Waco.

July 1, 1974.

Sudderth, Woodley & Dudley, Keith Woodley, Comanche, for appellants.

Dunnam, Dunnam & Dunnam, Waco, for appellee.

*96OPINION

McDONALD, Chief Justice.

Appellants Blackwell, et al., gave notice of appeal from an adverse judgment rendered by the trial court on March 12, 1974; and filed an appeal bond on May 24, 1974.

Appellee Jonesboro Rural High School District has filed motion in this court to dismiss the attempted appeal for want of jurisdiction.

Appellants’ appeal bond was not filed within the thirty-day period allowed by Rule 356 Texas Rules of Civil Procedure, and consequently no appeal was perfected, and this court never acquired jurisdiction of the attempted appeal.

Appellee’s motion is granted and the attempted appeal is dismissed for want of jurisdiction. Lucchese et al. v. Specia, Tex.Civ.App., Er.Ref., 281 S.W.2d 725.

Dismissed.
>

Exhibit 32.1

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

In connection with the Annual Report of Asia Interactive Media
Inc. (the "Company") on Form 10-K/A for the year ended December 31, 2007 as
filed with the Securities and Exchange Commission (the "Report'), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to my knowledge:

|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 the Company.
|  

Dated: September 2, 2008
    /s/ Ken
      NgKen NgPresident, Chief Executive Officer Chief
      Financial Officer


---