alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable Stephen N. Limbaugh, Jr., United States District Judge for the

Eastern District of Missouri, sitting by designation. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 08-3291

__________

National Labor Relations Board, *

*

Petitioner, *

*

Allied Workers International Union; *

Local No. 74B Glass, Molders *

Pottery, Plastics, * On Application for

* Enforcement of an Order of the

Interveners, * National Labor Relations Board.

*

v. * [UNPUBLISHED]

*

Whitesell Corporation, *

*

Respondent. *

___________

Submitted: June 9, 2009

Filed: June 25, 2010

___________

Before SMITH and SHEPHERD, Circuit Judges, and LIMBAUGH,1

 District Judge.

PER CURIAM.

The National Labor Relations Board (“NLRB” or “the Board”) has applied for

enforcement of its order finding that Whitesell Corporation (“Whitesell”) violated
-2-

various provisions of the National Labor Relations Act (“NLRA”), 29 U.S.C. §§ 151-

69, while negotiating a new collective-bargaining agreement with the Glass, Molders,

Pottery, Plastics, and Allied Workers International Union, AFL-CIO. The Board’s

order was entered by two members of a three-member group to which the Board

delegated all its powers in December 2007 pursuant to section 3(b) of the NLRA, 29

U.S.C. § 153(b). When the order was entered on August 29, 2008, the five-member

Board had only two members. 

In New Process Steel, L.P. v. NLRB, 560 U.S. ___, 2010 WL 2400089 (June

17, 2010), the Supreme Court held that a two-member group may not exercise

delegated authority when the total Board membership falls below three because“the

delegation clause [in section 3(b)] requires that a delegee group maintain a

membership of three in order to exercise the delegated authority of the Board.” Id. at

*8. Accordingly, we deny the NLRB’s application for enforcement. 

___________________________
#### Miriam Stagner UPCHURCH, et al. v. STATE of Louisiana, through the LOUISIANA DEPARTMENT OF TRANSPORTATION, et al.

No. 2011-C-0362.

Supreme Court of Louisiana.

May 20, 2011.

In re American Guarantee & Liability Insurance Company; Protection Services, Inc.; —Defendant(s); Applying For Writ of Certiorari and/or Review, Parish of Caddo, 1st Judicial District Court Div. B, No. 510,794-B; to the Court of Appeal, Second Circuit, No. 45,761-CA.

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

In connection with the Quarterly Report on Form 10-Q for the quarter ended March
31, 2003 (the  "Report") of TF Financial  Corporation  (the  "Company") as filed
with the  Securities  and Exchange  Commission  on the date hereof,  we, John R.
Stranford,  President and Chief Executive Officer, and Dennis R. Stewart, Senior
Vice  President and Chief  Financial  Officer  (Principal  Accounting  Officer),
hereby 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) 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/ John R. Stranford
                                     ---------------------
Date:      May 9, 2003               John R. Stranford
    ----------------------           President and Chief Executive Officer
                                     (Principal Executive Officer)




                                     /s/ Dennis R. Stewart
                                     ---------------------
Date:      May 9, 2003               Dennis R. Stewart
    ----------------------           Senior Vice President and
                                     Chief Financial Officer
                                     (Principal Financial & Accounting Officer)
**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**

 

 

I, David M. Bronson, Executive Vice President and Chief Financial Officer of PSS World Medical, Inc. (the “Company”), hereby certify that the Company’s Quarterly Report on Form 10-Q for the three months ended December 28, 2007 as filed with the Securities and Exchange Commission on the date hereof (the  “Report”) 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 the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

/s/ David M. Bronson

David M. Bronson

Executive Vice President and Chief Financial Officer

 

February 6, 2008
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

IN RE: L.J.J., AN ALLEGED

INCAPACITATED PERSON

PETITION OF: H.A.E., ESQUIRE :

:

:

:

: No. 356 WAL 2021

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 23rd day of March, 2022

, the Petition for Allowance of Appeal is

DENIED

.
#### The People of the State of New York, Respondent, v Tyree Sommerville, Appellant.

[775 NYS2d 654]

Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered December 17, 2001. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03 [2]) and two counts of criminal possession of a weapon in the third degree (§ 265.02 [1], [4]). We reject the contention of defendant that Supreme Court erred in denying his motion to suppress physical evidence as the fruit of an illegal arrest. The weapon at issue was found by a police officer under a chair in the living room of an apartment as the result of a search following defendant’s arrest in the bedroom of that apartment. Defendant was merely an occasional visitor to the apartment and thus lacks standing to challenge the search *(see People v Rodriguez,*69 NY2d 159, 164-165 [1987]; *People v Christian,*248 AD2d 960 [1998], *lv denied*91 NY2d 1006 [1998]; *People v Abreu,*239 AD2d 424 [1997], *lv denied*90 NY2d 901 [1997]). “Furthermore, the defendant failed to meet his burden of establishing a ‘causal connection’ between his arrest and the discovery of the [weapon] warranting application of the exclusionary rule” *(People v Washington,*287 AD2d 752, 753 [2001], *lv denied*97 NY2d 763 [2002], quoting *People v Arnau,*58 NY2d 27, 34 [1982]). The evidence, viewed in the light most favorable to the People *(see People v Contes,*60 NY2d 620, 621 [1983]), is legally sufficient to support the conviction *(see People v Bleakley,*69 NY2d 490, 495 [1987]), and the verdict is not contrary to the weight of the evidence *(see id.).*Defendant abandoned his motion to dismiss the indictment and failed to preserve for our review his contention that the court erred in deferring its decision on the motion *(see People v Rodri*
      *1233
      *guez,*187 AD2d 291, 292 [1992]). Finally, the sentence is not unduly harsh or severe. Present—Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.
#### STATE ex rel. Justin TAYLOR v. STATE of Louisiana.

No. 2010-KH-0149.

Supreme Court of Louisiana.

Jan. 7, 2011.

In re Taylor, Justin; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Jefferson, 24th Judicial District Court Div. N, No. 03-1041; to the Court of Appeal, Fifth Circuit, No. 09-KH-891.

Denied.
#### STATE ex rel. Eugene JARROW v. STATE of Louisiana.

No. 2010-KH-0745.

Supreme Court of Louisiana.

May 6, 2011.

In re Jarrow, Eugene; —Plaintiff; Applying for Reconsideration of this Court’s action dated April 1, 2011; Parish of Orleans, Criminal District Court Div. H, No. 383-494; to the Court of Appeal, Fourth Circuit, No. 2010-K-0182.

Reconsideration denied.
#### S. A. & A. P. R’y Co. v. West Bailey.

(No. 2920.)

Appeal from Austin County.

S. C. Patton, counsel for appellant.

No counsel appeared for appellee.

Opinion by

Willson, J.

*105§ 68. *Refusal of railway company to furnish freight cars; penalty in such case; repealed statute; case stated.*Appellee sued to recover of appellant $27 actual damages, $500 penalty, and a further penalty of $150, alleging as his cause of action that appellant had refused to furnish him a car upon which to load a lot of hay to be transported from Willis to San Antonio. He recovered damages for $27 actual damages and $50 as a penalty. Appellant excepted especially to appellee’s petition upon several grounds, which exceptions were overruled. Appellant’s first special exception is, in substance, that appellee’s cause of action, as set forth in his petition, is the refusal of appellant to furnish a car for the transportation of said hay, and that the penalty of $500 claimed is not recoverable in such case. This exception should have been sustained. The allegation in the petition can be construed in no other way than that the cause of action is the refusal to furnish a car. For such refusal the penalty prescribed by law is $25 per day for each car failed to be furnished, and this is the only penalty prescribed. [Sayles’ Civil St., art. 4227a, § 3.] Article 279, Revised Statutes, prescribing a penalty against common carriers of not less than $5 nor more than $500 for refusing to transport goods, is not applicable to appellee’s cause of action, as alleged in his petition. Furthermore, we do not think that article is now applicable to railroad corporations, for the reason that it has been superseded —- impliedly repealed — as to such corporations, by the subsequent acts of April 2 and 4, 1887 [20th Leg., pp. 116, 133; Sayles’ Civil St., arts. 4227, 4227a, § 3]. As the law now is, the only penalty denounced against a railroad corporation for a refusal to furnish cars for the transportation of goods is $25 per day for each car failed to be furnished. [Sayles’ Civil St., art. 4227a, § 3.] Under the allegations of appellee’s petition, he could not legally recover more than $27, his actual damages, and $25 per day for six days’ failure to furnish him one car. amount*106ing to $150 actual damages, and penalty, aggregating $177, an amount not within the jurisdiction of the county court. Appellant excepted specially to the petition, upon the ground that it showed that the county court did not have jurisdiction of the amount in controversy. As appellee was not entitled to recover the $500 penalty claimed, this exception should have been sustained. [1 Civil Cas. Ct. App., §§ 274, 1038; 2 Civil Cas. Ct. App., §538.]

March 19, 1890.

Reversed and dismissed.
EXHIBIT 2.4

                              CERTIFICATE OF MERGER
                                       OF
                            PIP ACQUISITION II, INC.
                                  WITH AND INTO
                                  OS MXM, INC.

     The  undersigned  corporation organized and existing under and by virtue of
the  General  Corporation  Law  of  the  State  of  Delaware,

     Does  Hereby  Certify:

       That  the  name  and  state  of  incorporation of each of the constituent
corporations  of  the  merger  is  as  follows:

           NAME                   STATE OF INCORPORATION

PIP Acquisition II, Inc.          Delaware
--------------------------------------------------------------------------------
OS MXM, Inc.                      Delaware
--------------------------------------------------------------------------------

       That a plan and agreement of merger between the parties to the merger has
been  approved,  adopted,  certified,  executed  and acknowledged by each of the
constituent  corporations  in accordance with the requirements of Section 251 of
the  General  Corporation  Law  of  the  State  of  Delaware.

       That  the name of the surviving corporation of the merger is OS MXM, Inc.

       That  the  certificate  of  incorporation  of  OS  MXM,  Inc., a Delaware
corporation,  the  surviving  corporation,  shall  be  the  certificate  of
incorporation  of  the  surviving  corporation.

       That  the directors of PIP Acquisition II, Inc., immediately prior to the
effective  time  of  the  merger,  shall  be  the  directors  of  the  surviving
corporation.

      That  the  officers  of PIP Acquisition II, Inc., immediately prior to the
effective  time  of  the  merger,  shall  be  the  officers  of  the  surviving
corporation.

       That  the  executed  plan  and  agreement  of  merger  is  on file at the
principal  place  of  business of the surviving corporation.  The address of the
principal  place  of  business  of the surviving corporation is 210 South Fourth
Avenue,  Phoenix,  Arizona  85003.

      That  a  copy of the plan and agreement of merger will be furnished by the
surviving  corporation,  on  request  and without cost to any stockholder of any
constituent  corporation.


<PAGE>

     In Witness Whereof, OS MXM, Inc. has caused the Certificate to be signed by
its  authorized  officer,  this  9th  day  of  October,  2003.

                              OS  MXM,  Inc.

                              BY:    /s/  Jehu  Hand
                                     ---------------
                              NAME:  Jehu  Hand
                                     ----------
                              TITLE: President and Chief Executive Officer
                                     -------------------------------------


<PAGE>
Exhibit 13.1
 CERTIFICATION OF PERIODIC FINANCIAL REPORT
Pursuant to 18 U.S.C. Section 1350
  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.
  By:
    
    /s/ Shih-Wei Sun

Name: Shih-Wei SunTitle: Chief Executive Officer
 *
    
    A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act
of 2002 has been provided to us and will be retained by us 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 THE
     YEAR ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
     TO SUCH FORM 10-Q FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                               DEC-31-1997
<PERIOD-START>                                  JUL-01-1997
<PERIOD-END>                                    SEP-30-1997
<CASH>                                                9,001
<SECURITIES>                                              0
<RECEIVABLES>                                         9,787
<ALLOWANCES>                                           (500)
<INVENTORY>                                               0
<CURRENT-ASSETS>                                     18,833
<PP&E>                                                6,069
<DEPRECIATION>                                       (2,011)
<TOTAL-ASSETS>                                       23,258
<CURRENT-LIABILITIES>                                 6,831
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             40,048
<OTHER-SE>                                          (24,258)
<TOTAL-LIABILITY-AND-EQUITY>                         23,258
<SALES>                                               5,513
<TOTAL-REVENUES>                                      7,154
<CGS>                                                   460
<TOTAL-COSTS>                                         1,470
<OTHER-EXPENSES>                                      7,506
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                       (2)
<INCOME-PRETAX>                                      (1,691)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                                  (1,691)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                         (1,691)
<EPS-PRIMARY>                                         (0.08)
<EPS-DILUTED>                                         (0.08)
                                               


</TABLE>
#### Lewis J. TUSA v. CITY OF KENNER POLICE DEPARTMENT and Creative Risk Controls, Inc.

No. 2011-C-1145.

Supreme Court of Louisiana.

Sept. 16, 2011.

*1147In re Tusa, Lewis J.; — Plaintiff; Applying For Writ of Certiorari and/or Review Office of Workers’ Compensation District 7, No. 08-21181; to the Court of Appeal, Fifth Circuit, No. 10-CA-791.

Denied.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>       THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
               EXTRACTED FROM THE TRANS ENERGY, INC. FINANCIAL
               STATEMENTS FOR THE PERIOD ENDED SEPTEMBER 30, 1996
               AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
               SUCH FINANCIAL STATEMENTS.
<MULTIPLIER>   1
       
<S>                                <C>
<PERIOD-TYPE>                      9-MOS
<FISCAL-YEAR-END>                      DEC-31-1995
<PERIOD-END>                           SEP-30-1996
<CASH>                                     151,939
<SECURITIES>                                     0
<RECEIVABLES>                              305,573
<ALLOWANCES>                                     0
<INVENTORY>                                  6,605
<CURRENT-ASSETS>                           464,117
<PP&E>                                   6,725,373
<DEPRECIATION>                           1,608,426
<TOTAL-ASSETS>                           6,585,525
<CURRENT-LIABILITIES>                    2,110,228
<BONDS>                                  2,520,669
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     3,239
<OTHER-SE>                               4,232,387
<TOTAL-LIABILITY-AND-EQUITY>             6,585,525
<SALES>                                  4,203,503
<TOTAL-REVENUES>                         4,203,503
<CGS>                                    3,786,826
<TOTAL-COSTS>                            4,758,896
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                         266,509
<INCOME-PRETAX>                           (781,902)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                      (781,902)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                             20,000
<CHANGES>                                        0
<NET-INCOME>                             (762,509)
<EPS-PRIMARY>                                (.24)
<EPS-DILUTED>                                (.24)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF HORIZON FINANCIAL SERVICES CORPORATION FOR
THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               SEP-30-1997
<CASH>                                           7,876
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     22,240
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                         54,520
<ALLOWANCE>                                        366
<TOTAL-ASSETS>                                  87,784
<DEPOSITS>                                      56,285
<SHORT-TERM>                                    22,086
<LIABILITIES-OTHER>                                676
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                       8,222
<TOTAL-LIABILITIES-AND-EQUITY>                  87,784
<INTEREST-LOAN>                                  1,154
<INTEREST-INVEST>                                  424
<INTEREST-OTHER>                                    57
<INTEREST-TOTAL>                                 1,635
<INTEREST-DEPOSIT>                                 667
<INTEREST-EXPENSE>                                 970
<INTEREST-INCOME-NET>                              665
<LOAN-LOSSES>                                       28
<SECURITIES-GAINS>                                 108
<EXPENSE-OTHER>                                    498
<INCOME-PRETAX>                                    379
<INCOME-PRE-EXTRAORDINARY>                         379
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       247
<EPS-PRIMARY>                                      .58
<EPS-DILUTED>                                      .58
<YIELD-ACTUAL>                                    7.99
<LOANS-NON>                                        493
<LOANS-PAST>                                       206
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                    294
<ALLOWANCE-OPEN>                                   348
<CHARGE-OFFS>                                       10
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                  366
<ALLOWANCE-DOMESTIC>                               366
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                             11
        

</TABLE>