alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                    [LETTERHEAD OF HARTZOG CONGER & CASON]


                                August 29, 2000

CMI Corporation
P. O. Box 1985
Oklahoma City, OK 73101

Gentlemen:

     CMI Corporation, an Oklahoma corporation (the "Company"), intends to file
with the Securities and Exchange Commission under the Securities Act of 1933, as
amended, a Registration Statement on Form S-8 (the "Registration Statement")
with respect to 1,100,000 shares of its Voting Class A Common Stock, $0.10 par
value per share (the "Class A Common Stock"), to be issued from time to time
pursuant to the Company's Stock Option Plan. You have requested our opinion in
connection with the Company's filing of the Registration Statement. We have
examined and relied on originals or copies, certified or otherwise identified to
our satisfaction as being true copies, of such records of the Company, such
agreements, certificates of officers of the Company and others, and such other
documents, certificates and corporate or other records as we have deemed
necessary as a basis for the opinion expressed in this letter including, without
limitation, the Company's Certificate of Incorporation, as amended, the Stock
Option Plan and the Registration Statement. In our examination, we have assumed
the genuineness of all signatures, the legal capacity of all natural persons,
the authenticity of all documents submitted to us as originals and the
conformity to authentic original documents of all documents submitted to us as
certified or photostatic copies. We have investigated such questions of law for
the purpose of rendering the opinion in this letter as we have deemed necessary.
We express no opinion in this letter concerning any law other than the Oklahoma
General Corporation Act.

     On the basis of and in reliance on the foregoing, we are of the opinion
that the shares of Class A Common Stock to be issued pursuant to the Stock
Option Plan, when and if issued in accordance with the terms of the Stock Option
Plan, will be legally issued, fully paid and non-assessable.

     The opinion in this letter is rendered only to the Company in connection
with the Registration Statement. We consent to the filing of this letter as an
exhibit to the Registration Statement. The opinion may not be relied upon by the
Company for any other purpose, or relied upon by any other person, firm or
entity for any purpose. This letter may not be paraphrased, quoted or
summarized, nor may it be duplicated or reproduced in whole or in part.

                           Very truly yours,

                           HARTZOG CONGER & CASON
#### STATE v. FLOWE

No. 31P01

Case below: 142 N.C. App. 734

Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 1 March 2001.
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-2009

_____________________________

JULIUS KEITH KNOTT,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

_____________________________

Petition for Writ of Prohibition – Original Jurisdiction.

January 19, 2018

PER CURIAM.

The petition for writ of prohibition is denied on the merits.

WOLF, ROWE, and WINSOR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Julius Keith Knott, pro se, Petitioner.
2

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.
389 A.2d 206

#### Liken Lucky Lady v. Singer, Appellant.

Submitted November 23, 1977.

Howard R. Singer, appellant, in propria persona;

No appearance entered nor brief submitted for appellee.

Order affirmed.

WATKINS, former P. J., did not participate in the consideration or decision of this case.
#### SMITH v. BEAUFORT CTY. HOSP. ASS’N, INC.

No. 83A01

Case below: 141 N.C. App.-(29 December 2000)

Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 and Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals denied 2 March 2001.
#### Clarence E. HILL, of himself as an individual and on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. Robert A. BUTTERWORTH, Attorney General for the State of Florida and Harry K. Singletary, Secretary, Florida Department of Corrections. Defendants-Appellants.

No. 97-2192.

United States Court of Appeals, Eleventh Circuit.

July 30, 1998.

Richard B. Martell, Chief, Carolyn M. Snurkowski, Capital Appeals, Tallahassee, FL, for Defendants-Appellants.

Martin James McClain, Stephen M. Kissinger, Gregory C. Smith, Collateral Representatives, Tallahassee, FL, for Plaintiff-Ap-pellee.

Before HATCHETT, Chief Judge, and FAY and FARRIS *, Senior Circuit Judges.

*

 Honorable Jerome Farris, Senior U.S. Circuit Judge for the Ninth Circuit, sitting by designation.

*1334Petition for Rehearing.

HATCHETT, Chief Judge:

In light of *Calderon v. Ashmus,*— U.S. -, 118 S.Ct. 1694, 140 L.Ed.2d 970 (1998), we grant Florida’s petition for rehearing, vacate our previous opinion, *Hill v. Butterworth,*133 F.3d 783 (11th Cir.1997), reverse the judgment of the district court, and remand the case with instructions to dissolve the injunction and dismiss the complaint for want of a justiciable case or controversy. *See Hill,*133 F.3d at 785 n. 7 (Florida raised this issue on appeal).**

REVERSED and REMANDED.

**

 Florida's motion to stay is denied as moot.
Exhibit 31.2

ANNUAL COMPLIANCE REPORT

I, David J. Kolibachuk, being an officer of U.S.
Bank Trust National Association, the Trustee in respect of the Corporate Backed Trust Certificates, Kinder Morgan Debenture-Backed Series 2002-6 Trust (the Trust), certify that:



| | 1. | I have reviewed this annual report on Form 10-K in respect of the Trust and all reports on Form 8-K containing distribution or servicing reports of the Trust filed by
Lehman ABS Corporation in respect of periods included in the year covered by this annual report of the Trust;
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, the information in those reports, taken as a whole, 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 as of the last day of the period covered by this annual report;
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 3. | Based on my knowledge, the distribution information required to be provided to the Depositor or the certificateholders by the Trustee under the pooling and servicing or
similar agreement for inclusion in such distribution reports is included in such reports; and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 4. | I am responsible for reviewing the activities performed by the Trustee under the pooling and servicing or similar agreement and based on my knowledge, except as
disclosed in such reports, the Trustee has fulfilled its obligations under that agreement.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 31, 2011



|                                   
|-----------------------------------
|/s/ David Kolibachuk               
|David J. Kolibachuk, Vice President
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Page 53361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21798]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a Closed Meeting on Thursday, 
September 2, 2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the Closed Meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the 
scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items 
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday, 
September 2, 2010 will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed, please contact:
    The Office of the Secretary at (202) 551-5400.

    Dated: August 26, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-21798 Filed 8-27-10; 11:15 am]
BILLING CODE 8010-01-P
Order issued January 12, 2015

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

________________________________________ 

No. 05-13-01141-CR 

________________________________________ 

JEREMY JOHN SANDERSFELD, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

 

O R D E R 

Before Chief Justice Wright and Justices Myers and Brown 

 Based on the Court’s opinion of this date, we GRANT the June 4, 2014 motion of 

Pamela J. Lakatos for leave to withdraw as appointed counsel on appeal. We DIRECT the Clerk 

of the Court to remove Pamela J. Lakatos as counsel of record for appellant. We DIRECT the 

Clerk of the Court to send a copy of this order and all future correspondence to Jeremy John 

Sandersfeld, TDCJ No. 1875695, Luther Unit, 1800 Luther Drive, Navasota, Texas, 77868. 

 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE
# STATE OF LOUISIANA

COURTOFAPPEAL, FIRSTCIRCUIT STATE OF LOUISIANA VERSUS MARKE. SPICER, JR. NO. 2023 KW 0832 

### OCTOBER 20, 2023 In Re: On motion of State of Louisiana, to dismiss the writ

application, 22nd Judicial District Court, Parish of St. Tammany, No. 3932-F-2019. BEFORE: McCLENDON, HESTER, AND MILLER, JJ.

MOTION TO DISMISS WRIT APPLICATION GRANTED.

URT OF APPEAL, FIRST CIRCUIT

FOR THE COURT PMc CHH SMM
[Federal Register Volume 75, Number 21 (Tuesday, February 2, 2010)]
[Notices]
[Page 5322]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2154]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisition of Shares of Bank or 
Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec. [thinsp]225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the office of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than February 16, 2010.
    A. Federal Reserve Bank of Minneapolis (Jacqueline G. King, 
Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 
55480-0291:
    1. Charles H. Burke III, Pierre, South Dakota; as an individual, to 
acquire voting shares of South Dakota Bancshares Inc., and thereby 
indirectly acquire voting shares of BankWest Inc., both of Pierre, 
South Dakota.

    Board of Governors of the Federal Reserve System, January 28, 
2010.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 2010-2154 Filed 2-01-10; 8:45 am]
BILLING CODE 6210-01-S
#### Donnie Gene FOUTCH, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

May 31, 1974.

John M. Lyttle, Manchester, for appellant.

Ed W. Hancock, Atty. Gen., Clay Miller, Asst. Atty. Gen., Frankfort, for appellee.

Memorandum Opinion by

Justice MILLIKEN,

Affirming.*

*

 Opinion ordered not to be published.
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

In connection with the Annual Report of VCG Holding Corp. (the Company) on Form 10-KSB for the
year ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Troy H. Lowrie, Chief Executive Officer of the Company, 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 the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: April 15, 2008



/S/    TROY H.
LOWRIETroy H. LowrieChief Executive Officer


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

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, George T. Stapleton, II and George Orr,
President and Chief Executive Officer and Chief Financial Officer and Treasurer,
respectively, of MegaWest Energy Corp., 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 annual report on Form 20-F of MegaWest Energy Corp.
      for the year ended April 30, 2007 (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 MegaWest Energy Corp.                                                            

Dated: August 9, 2007



/s/ George T. Stapleton,
II
George T. Stapleton, II Chief Executive Officer and President (Principal
Executive Officer)



/s/ George OrrGeorge
Orr 
  Chief Financial Officer and Treasurer 
  (Principal
Financial Officer)



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 MegaWest Energy
Corp. and will be retained by MegaWest Energy Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.

---
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



In connection with the Annual Report of VCG Holding Corp. (the Company) on Form 10-KSB for the year ended December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Troy H. Lowrie, Chief Executive Officer of the Company, 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 the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                        
|--------------------- |  | -----------------------
|Dated: April 18, 2005 |  |                        
|                      |  | /s/ Troy H. Lowrie     
|                      |  | Troy H. Lowrie         
|                      |  | Chief Executive Officer



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

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 84 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. RES. 84

  Recognizing the 100th anniversary of Glenn Curtiss' achievement of 
   record-breaking speed and his contributions to the motorcycle and 
                          aircraft industries.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 22, 2007

Mr. Kuhl of New York (for himself and Mr. Mica) submitted the following 
   resolution; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                               RESOLUTION

 
  Recognizing the 100th anniversary of Glenn Curtiss' achievement of 
   record-breaking speed and his contributions to the motorcycle and 
                          aircraft industries.

Whereas Glenn Hammond Curtiss, born in Hammondsport, New York, in 1878, became 
        the fastest man on earth on January 24, 1907, by attaining the speed of 
        136.47 miles per hour on the first V-8 powered motorcycle;
Whereas Curtiss developed the first successful seaplane;
Whereas Curtiss manufactured the famous Curtiss JN-49 (commonly known as the 
        ``Jenny''), a training plane used during World War I;
Whereas by 1911, Curtiss had become known as the father of naval aviation;
Whereas by 1921, Curtiss was considered the founder of the American aircraft 
        industry; and
Whereas January 24, 2007, is the 100th anniversary of Curtiss' record-breaking 
        speed: Now, therefore, be it
    Resolved,  That the House of Representatives--
            (1) recognizes the historical significance of the 100th 
        anniversary of Glenn Hammond Curtiss' achievement of the 
        record-breaking speed of 136.47 miles per hour while riding the 
        first V-8 powered motorcycle; and
            (2) recognizes Curtiss' willingness to work for the common 
        good and his contributions to motorcycle design and racing, 
        naval aviation, and the American aircraft industry.
                                 <all>
```
No. 87-1405.

#### Gonzales *v.*Leal et al.

C. A. 5th Cir. Certiorari denied.
#### J. P. HEIDT v. STATE.

8 Div. 187.

Court of Appeals of Alabama.

June 4, 1935.

McAfee & Nix, of Decatur, for appellant.

A. A. Carmichael, Atty. Gen., for appellee.

BRICKEN, Presiding Judge.

The evidence in this case has been read and considered by the court en banc. It is the opinion of the court that the state failed to meet the burden of proof necessary to a conviction; therefore error prevailed by the court’s refusal to give the affirmative charge requested in writing by defendant.

Reversed and remanded.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

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 8, 2016

a0229 

# Order

Clerk March 8, 2016

151534

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 151534

COA: 324657

Gladwin CC: 11

- 005857

- FC

DENNIS MICHAEL FYKE,

Defendant

- Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the March 12, 2015 order

of the Court of Appeals is considered, and it is DENIED, because the d efendant has

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-31222

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROBERT EARL LEE,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 95-CR-30029

- - - - - - - - - -

March 5, 1998

Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Robert Earl Lee appeals his jury conviction for four counts

of making a false statement on a United States Treasury Bureau of

Alcohol, Tobacco, and Firearms (ATF) Form 4473 and four counts of

being a felon in possession of a firearm. Lee argues that the

evidence was insufficient to support his convictions. We have

reviewed the record and find that as to counts one and two, a

reasonable trier of fact could find the evidence established the

essential elements of the offense beyond a reasonable doubt. See
No. 96-31222 

-2-

United States v. Alix, 86 F.3d 429, 435 (5th Cir. 1996). As to

counts three through eight, we find that the record is not “so

devoid of evidence pointing to guilt” or “so tenuous that his

conviction is viewed as shocking.” See United States v. Vaquero,

997 F.2d 78, 82 (5th Cir. 1993).

Lee also contends that the district court erroneously

believed that it lacked the authority to depart downward under

U.S. Sentencing Guidelines § 5K2.0 based on Lee’s poor health. 

Because the district court properly considered its authority and

discretion under the Guidelines and determined that a downward

departure was not warranted under the circumstances, we lack

jurisdiction to review the denial of a downward departure. See

United States v. DiMarco, 46 F.3d 476, 477 (5th Cir. 1995).

AFFIRMED.