alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Taylor, Administratrix etc. *v.*Hopkins

[No. 19,322.

Filed November 18, 1960.]

*273
      *Curtis C. Plopper,*of Boonville, for appellant.

*Norton & Schwentker,*of Evansville, for appellee.

Kelley, J.

Appellant duly instituted action against appellee to recover damages for allegedly “negligent, improper and unskilful acts” of appellee in “administering successive doses of penicillin” to appellant’s decedent when appellee knew or had been informed and saw or could have seen that such successive injections were causing a reaction which led to the death of the latter.

Appellee answered under the rules and by a second paragraph pleading that the action sued upon did not accrue within two (2) years before commencement thereof. To this second paragraph of answer appellant replied that the nature of the illness was concealed from her by the appellee and that the cause of death was not determined until a date within the two years prior to the bringing of the action.

The issues thus made were submitted for trial to a jury. At the conclusion of appellant’s evidence, the court, upon motion of appellee, instructed the jury, by Instruction No. A, to return a verdict for appellee. This was done and judgment for appellee and against appellant was entered thereon. Said Instruction No. A is not set out in appellant’s brief.

*274The only error assigned by appellant is that the court erred in granting and giving said peremptory instruction. The only argument advanced by appellant in her brief is that there was sufficient evidence in support of “each allegation in her complaint” to warrant the submission of her case to the jury. No contention or argument is presented by appellant concerning the issue of the two year limitation pleaded by appellee and replied to by appellant nor that the court’s direction of verdict was not properly given on that issue. It follows, therefore, that appellant has failed to establish error of the court in directing a verdict for appellee and the judgment must be affirmed.

Judgment affirmed.

Bierly, C. J., Gonas and Smith, JJ., concur.

Note. — Reported in 170 N. E. 2d 247.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

RAFAEL PARSADANYAN, AKA Raffi,

AKA Raffo,

Defendant-Appellant.

Nos. 14-50423

15-50004

D.C. No. 

2:11-cr-00072-RGK-35

MEMORANDUM*

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

ARMAN SHAROPETROSIAN, AKA

Dzi, AKA Horse,

Defendant-Appellant.

No. 14-50434

D.C. No. 

2:11-cr-00072-RGK-4

FILED

JUN 21 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
UNITED STATES OF AMERICA,

Plaintiff-Appellee,

 v.

MHER DARBINYAN, AKA Capone,

AKA Caps, AKA Hollywood Mike, AKA

Little Mike, AKA Maher, AKA Mike,

Defendant-Appellant.

Nos. 14-50516

15-50173

D.C. No. 

2:11-cr-00072-RGK-1

Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Argued and Submitted November 17, 2017

Pasadena, California

Before: THOMAS, Chief Judge,

*

 IKUTA, Circuit Judge, and GETTLEMAN,***

District Judge.

 

Rafael Parsadanyan, Arman Sharopetrosian, and Mher Darbinyan appeal

their convictions. We have jurisdiction under 28 U.S.C. § 1291. 

 ** This case was submitted to a panel that included Judge Kozinski, who

retired. Following Judge Kozinski’s retirement, Chief Judge Thomas was drawn

by lot to replace Judge Kozinski. Ninth Circuit General Order 3.2.h. Chief Judge

Thomas has read the briefs, reviewed the record, and listened to the oral argument.

*** The Honorable Robert W. Gettleman, United States District Judge for

the Northern District of Illinois, sitting by designation.

2
An Allen charge is impermissibly coercive when holdout jurors could

interpret the charge “as directed specifically at them.” United States v. Williams,

547 F.3d 1187, 1205 (9th Cir. 2008) (quoting United States v. Ajiboye, 961 F.2d

892, 894 (9th Cir. 1992)). Here, the holdout juror who sent a signed note to the

district court asking to be excused could reasonably feel targeted by the district

court’s “‘neutral form’ of the Allen charge.” Id. (quoting United States v. Steele,

298 F.3d 906, 911 (9th Cir. 2002)). Although the district court could not read the

signature on the note and so did not actually know the holdout juror’s identity, this

fact was not conveyed to the jury; therefore, it did not mitigate the Allen charge’s

coercive effect on the holdout juror. Nor are we aware of any basis for holding

that the coercive effect of an Allen charge in this context depends on whether the

holdout juror was voting for a conviction rather than an acquittal. Because the

holdout juror here self-identified to the court, and the court thereafter gave an Allen

charge, “reversal is necessary.” Williams, 547 F.3d at 1207 (quoting Ajiboye, 961

F.2d at 894); United States v. Sae-Chua, 725 F.2d 530, 531–32 (9th Cir. 1984). 

Given our decision, we need not—and do not—reach any other issues

argued by the parties.

REVERSED.

3
#### Paul M. CENTENO, Appellant, v. The STATE of Florida, Appellee.

No. 3D10-3405.

District Court of Appeal of Florida, Third District.

April 27, 2011.

Rehearing Denied July 27, 2011.

Maibe M. Casalins, Miami, for appellant.

Pamela Jo Bondi, Attorney General, for appellee.

Before GERSTEN and CORTIÑAS, JJ„ and SCHWARTZ, Senior Judge.

PER CURIAM.

Affirmed. *See Hernandez v. State,*61 So.3d 1144 (Fla. 3d DCA 2011).
060907-F-JZ506-231.JPG
            BRIGADIER GENERAL PAUL G. GALENTINE JR.Brigadier General Paul G. Galentine Jr. is director of Communications-Electronics, J-6, U.S. Readiness Command at MacDill Air Force Base, Fla. 
General Galentine was born in 1921, at Mentone, Ind. He graduated from Deering High School, Portland, Maine, in 1937, and studied electrical engineering at the University of Maine from 1938 to 1940. He entered active military service as an aviation cadet and was commissioned as a second lieutenant in 1943. 
During World War II, he served in the European and Mediterranean Theater of Operations where he flew the B-25 bomber on 37 aerial missions completing 124 combat hours. 
After the war, he studied engineering science for two years at the Air Force Institute of Technology, Wright-Patterson Air Force Base, Ohio, completing this study in 1948. He did further study at the University of Michigan under the AFIT program and received his master's degree in mathematics in 1949. He attended the Air Command and Staff College, Maxwell Air Force Base, Ala., 1956-1957, and completed an additional two years of graduate training in mathematics at the University of Michigan in 1963. 
His assignments have included duty at the Los Alamos Scientific Laboratory, N.M., from August 1949 to January 1953, during which he participated in several nuclear test programs; branch chief and assistant chief, Guidance and Control Division, Headquarters Air Research and Development Command, from February 1953 to September 1955; test plans officer, Headquarters Armed Forces Special Weapons Project, Washington, D.C., from July 1957 to April 1958; executive officer, Deputy Chief of Staff, Weapons Effects and Tests, Defense Atomic Support Agency, from April 1958 to June 1961; director of research and technology, Headquarters Air Force Systems Command, from October 1963 to July 1964; director of computers, Electronic Systems Division, AFSC, from July 1964 to September 1965; deputy for engineering and technology, ESD, from September 1965 to May 1966; and deputy for command systems, ESD, from June 1966 to June 1967. 
In June 1967 General Galentine was named chief of the National Military Command System Support Center, Defense Communications Agency at Washington, D.C. 
He assumed command of the European Communications Area in July 1969 with additional duties as deputy chief of staff for communications-electronics, U.S. Air Forces in Europe at Lindsey Air Station, Wiesbaden, Germany. 
General Galentine was named director of communications-electronics, J-6, for the U.S. Strike Command at MacDill Air Force Base, Fla., in August 1971. He remained in that position when the command was redesignated as the U.S. Readiness Command in January 1971. 
His military decorations and awards include the Silver Star, Legion of Merit with oak leaf cluster, Air Medal with six oak leaf clusters, and the Army Commendation Medal. He is a command pilot. 
General Galentine's hometown is Harrington, Del. 
He was promoted to the temporary grade of brigadier general effective Aug. 1, 1969, with date of rank June 26, 1969. 
(Current as of Feb. 1, 1972)
|   | 1. | The      Quarterly Report on Form 10-Q for the quarterly period ended November 2,      2009 (the “Quarterly Report”) complies with the requirements of Section      13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or      780(d)); and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The      information contained in the Quarterly Report fairly presents, in all      material respects, the financial condition and results of operations of      the Company. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                        | CKE      RESTAURANTS, INC.                                |   |
|-----------------------------|-----------------------------------------------------------|--------|
| Date:      December 8, 2009 |                                                      |   |
|                        | /s/      Theodore Abajian                                 |   |
|                        | Theodore      Abajian                                     |   |
|                        | Executive      Vice President and Chief Financial Officer |   |
|                        | (Principal      Financial Officer)                        |   |
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.                  

###### Nuclear Regulatory Commission

          - [Docket Nos. 50-282 and 50-306; NRC-2010-0290]

# AGENCY:

Nuclear Regulatory Commission.

# ACTION:

Notice of Issuance; Correction.

# SUMMARY:

                        This document corrects a notice appearing in the                         **Federal Register**                         on September 7, 2010 (75 FR 54397), which informed the public that the Nuclear Regulatory Commission issued Amendment Nos. 197 and 186 to Facility Operating License Nos. DPR-42 and DPR-60, respectively, for the Prairie Island Nuclear Generating Plant, Units 1 and 2. This action is necessary to correct the date of issuance.                    

# FOR FURTHER INFORMATION CONTACT:

                        Thomas J. Wengert, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone (301) 415-4037, e-mail:                         *Thomas.Wengert@nrc.gov.*

# SUPPLEMENTARY INFORMATION:

                    On page 54397, appearing near the bottom of the second column, after                     *Date of Issuance:*                     The date is corrected to read from “August 17, 2010” to “August 18, 2010”.                

Dated in Rockville, Maryland, this 9th day of September 2010.

For the Nuclear Regulatory Commission.

Thomas J. Wengert,

Senior Project Manager, Plant Licensing Branch III-1, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.

[FR Doc. 2010-23516 Filed 9-20-10; 8:45 am]

BILLING CODE 7590-01-P
#### James SABATINO, Appellant, v. STATE of Florida, Appellee.

No. 4D09-3779.

District Court of Appeal of Florida, Fourth District.

June 15, 2011.

Carey Haughwout, Public Defender, and Richard B. Greene, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

*Affirmed. Williams v. Moore,*829 So.2d 920 (Fla.2002) *Hofmann v. Wainwright,*332 So.2d 18 (Fla.1976).

GROSS, C.J., STEVENSON and GERBER, JJ., concur.
News United States Air Force
 AF announces 12 Outstanding Airmen of the Year for 2016Published Aug. 1, 2016
                        
                        By Kat Bailey
                        
                        
                        Air Force Personnel Center Public Affairs
                **JOINT BASE SAN ANTONIO-RANDOLPH, Texas (AFNS) --**
                Air Force officials have selected the service's top enlisted members, naming the 12 Outstanding Airmen of the Year for 2016.
An Air Force selection board at the Air Force Personnel Center considered 36 nominees who represented major commands, direct reporting units, field operating agencies and Headquarters Air Force. The board selected 12 Airmen based on superior leadership, job performance and personal achievements.**12 Outstanding Airmen of the Year (by command of assignment when selected, alphabetically):**
Tech. Sgt. Michael A. Asuncion, Jr., Air Force Space Command
Tech. Sgt. Sharry L. Barnshaw, Air Mobility Command
Senior Airman Raquel R. Caramanno, Air Force Materiel Command
Tech. Sgt. Cassandra L. Cruz, Air Education and Training Command
Senior Master Sgt. Mark E. Farmer, Air National Guard
Senior Airman Jasmin N. Figueroa, Pacific Air Forces
Senior Master Sgt. Jeremiah F. Grisham, Air Force District of Washington
Master Sgt. Marcus A. Mader, Air Force Special Operations Command
Senior Master Sgt. Rebecca F. McNelley, Air Force Global Strike Command
Senior Airman Derek F. Miles, U.S. Air Forces in Europe and Air Forces Africa
Staff Sgt. Aaron M. Tobler, Air Force Reserve Command
Staff Sgt. Jamie K. Zimmer, Air Combat Command
The winners are authorized to wear the Outstanding Airman of the Year Ribbon with the bronze service star device on the ribbon. They are also authorized to wear the Outstanding Airman of the Year badge for one year from the date of formal presentation.
For more information about Air Force personnel programs, go to the myPers website. Individuals who do not have a myPers account can request one by following the instructions on the Air Force Retirees Services website.awards 



OAY 



AFPC 



FM
----

|                          |              |
|--------------------------|--------------|
| Silverleaf Resorts, Inc. | Exhibit 12.1 |

|                                                        |                          |        |        |        |        |        |        |        |        |        |        |        |        |        |        |        |   |        |        |
|--------------------------------------------------------|--------------------------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|--------|---|--------|--------|
|                                                   | Years Ended December 31, |
| (in 000's)                                             | 2010                     |   | 2009   |   | 2008   |   | 2007   |   | 2006   |
|                                                   |                     |   |   |   |   |   |   |   |   |
|                                                   |                     |   |   |   |   |   |   |   |   |
| Pretax income from continuing operations               | $                        | 9,037  |   |   | $      | 9,062  |   |   | $      | 29,363 |   |   | $      | 45,102 |   |   | $ | 37,408 |   |
| Add back fixed charges, excluding capitalized interest | 37,758                   |   |   | 30,800 |   |   | 30,128 |   |   | 25,808 |   |   | 22,545 |   |
| Income, as adjusted                                    | $                        | 46,795 |   |   | $      | 39,862 |   |   | $      | 59,491 |   |   | $      | 70,910 |   |   | $ | 59,953 |   |
|                                                   |                     |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Fixed charges:                                         |                     |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Interest on debt and capitalized leases                | $                        | 36,085 |   |   | $      | 29,055 |   |   | $      | 28,554 |   |   | $      | 24,610 |   |   | $ | 21,662 |   |
| Portion of interest cost capitalized to Inventory      | 368                      |   |   | 861    |   |   | 1,881  |   |   | 2,134  |   |   | 869    |   |
| Interest element of rentals                            | 1,673                    |   |   | 1,745  |   |   | 1,574  |   |   | 1,198  |   |   | 883    |   |
| Total fixed charges                                    | $                        | 38,126 |   |   | $      | 31,661 |   |   | $      | 32,009 |   |   | $      | 27,942 |   |   | $ | 23,414 |   |
|                                                   |                     |   |   |   |   |   |   |   |   |   |   |   |   |   |
| Ratio of earnings to fixed charges                     | 1.23                     |   |   | 1.26   |   |   | 1.86   |   |   | 2.54   |   |   | 2.56   |   |

----
Exhibit 32

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), each
of the undersigned officers of Cardium Therapeutics, Inc., a Delaware corporation, does hereby certify, to such officers knowledge, that the Quarterly Report on Form 10-QSB for the quarterly period ended September 30, 2006 of Cardium
Therapeutics, Inc. fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in such report fairly presents, in all material respects, the
financial condition and results of operations of Cardium Therapeutics, Inc.



|                        |  |                                                 
|----------------------- |  | ------------------------------------------------
|Date: November 14, 2006 |  | /s/ Christopher J. Reinhard                     
|                        |  | Christopher J. Reinhard, Chief Executive Officer
|                        | 
|Date: November 14, 2006 |  | /s/ Dennis M. Mulroy                            
|                        |  | Dennis M. Mulroy, Chief Financial Officer       

The foregoing certification is furnished solely 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) and is not being filed as part of the Form 10-QSB or as a separate disclosure document.
583 A.2d 328

#### SANTOS CAJIGAS v. DONALD D. ZELINSKI, ETC.

February 26, 1990.

Petition for certification denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM EUROTECH,
LTD. BALANCE SHEET AS OF DECEMBER 31, 1999 AND STATEMENT OF OPERATIONS FOR THE
TWELVE MONTHS ENDED DECEMBER 31, 1999.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           3,547
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 3,547
<PP&E>                                              42
<DEPRECIATION>                                      17
<TOTAL-ASSETS>                                  11,520
<CURRENT-LIABILITIES>                            6,474
<BONDS>                                          3,900
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            10
<OTHER-SE>                                       1,136
<TOTAL-LIABILITY-AND-EQUITY>                    11,520
<SALES>                                            150
<TOTAL-REVENUES>                                   150
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 1,233
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 885
<INCOME-PRETAX>                                (6,492)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (6,492)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,492)
<EPS-BASIC>                                     (0.27)
<EPS-DILUTED>                                   (0.27)


</TABLE>
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 Annual Report of American Soil Technology, Inc. (the
"Company") on Form 10-KSB for the fiscal year ending September 30, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Carl P. Ranno, Chief Executive Officer, President, and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted
pursuant to ss.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/ Carl P. Ranno
----------------------------------
Carl P. Ranno
Chief Executive Officer, President
and Chief Financial Officer
January 12, 2009