alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 16-1172

___________________________

Metropolitan Life Insurance Company

lllllllllllllllllllllPlaintiff

v.

Kaye Melin

lllllllllllllllllllllDefendant - Appellant

Ashley Sveen; Antone Sveen

lllllllllllllllllllllDefendants - Appellees

____________

Appeal from United States District Court 

for the District of Minnesota - Minneapolis

____________

Submitted: July 18, 2018

Filed: August 15, 2018

[Published]

__________

Before BENTON and SHEPHERD, Circuit Judges, and EBINGER1, District

Judge.

____________

1The Honorable Rebecca Goodgame Ebinger, United States District Judge for

the Southern District of Iowa, sitting by designation. 
PER CURIAM.

This case is on remand from the Supreme Court of the United States. Sveen v.

Melin, 138 S. Ct. 1815 (2018). In 1998, Mark A. Sveen designated his then-wife,

Kaye L. Melin, as the primary beneficiary of his life insurance policy, and his

children as contingent beneficiaries. In 2002, Minnesota extended its

revocation-upon-divorce statute to life insurance policies. Sveen and Melin divorced

in 2007. When Sveen died in 2011, Melin was still the primary beneficiary on the

policy. The insurance company filed an interpleader to determine the proper

beneficiaries. Melin and the children cross-claimed for the proceeds. The district

court awarded the proceeds to the children, rejecting Melin’s argument that applying

the statute retroactively is an impermissible impairment under the Contracts Clause.

This court reversed and remanded, holding that the statute is unconstitutional when

applied retroactively. Metropolitan Life Ins. Co. v. Melin, 853 F.3d 410, 411-12 (8th

Cir. 2017). The Supreme Court reversed and remanded, holding that retroactive

application of Minnesota’s revocation-upon-divorce statute did not violate the

Contracts Clause. Sveen, 138 S. Ct. at 1818. 

In light of the Supreme Court’s decision in Sveen, this court affirms the district

court’s grant of summary judgment awarding the policy proceeds to the children.

* * * * * * *

The case is remanded to the district court for proceedings consistent with this

opinion.

______________________________

-2-
EXHIBIT 31.2
 CERTIFICATION
  1.
    
    I have reviewed this quarterly report on Form 10-Q of ViewCast.com, Inc.;2.
    
    Based on my knowledge, this report 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 with respect to the period
covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the registrant and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    [Intentionally omitted];(c)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
and(d)
    
    Disclosed in this report any change in the registrants internal control over financial
reporting that occurred during the registrants most recent fiscal quarter that has
materially affected, or is reasonably likely to materially affect, the registrants internal
control over financial reporting; and
 5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
 (a)
    
    All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other employees who have
a significant role in the registrants internal control over financial reporting.
 Date: November 14, 2008
    
    /s/  Laurie L. LathamLaurie L. LathamChief Financial Officer
<PAGE>
                          ACKNOWLEDGMENT OF INDEPENDENT
                          CERTIFIED PUBLIC ACCOUNTANTS
                REGARDING INDEPENDENT ACCOUNTANTS' REVIEW REPORT


The Board of Directors
Northfield Laboratories Inc.:

With respect to registration statements of Form S-8 of Northfield Laboratories
Inc., we acknowledge our awareness of the use therein of our report dated
December 14, 2001 related to our review of interim financial information.

Pursuant to Rule 436(c) under the Securities Act of 1933, such report is not
considered a part of a registration statement prepared or certified by an
accountant or a report prepared or certified by an accountant within the meaning
of sections 7 and 11 of the Act.

Very truly yours

/s/ KPMG LLP

Chicago, Illinois
January 11, 2002
**Exhibit 32.2**CERTIFICATION PURSUANTSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002In connection with the Quarterly Report of MakeMusic, Inc. (the “Company”) on Form 10-QSB forthe three and six months ended September 30, 2006 as filed with the Securities and ExchangeCommission (the “Report”), I, Ronald B. Raup, Interim Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of2002, that:(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and(2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.November 1, 2006                                                                 /s/  Ronald B. Raup   Interim Chief Financial Officer
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-2260

___________

David E. Proctor, *

*

Appellant, *

*

v. *

* Appeal from the United States

Men's Wearhouse, Inc.; Kathleen T. * District Court for the Eastern

Sullivan; Fred Singler; Carol * District of Missouri.

Souvenier; Charlie Bresler; George *

Zimmer; Terry Manuel; Julie Aguirre; * [UNPUBLISHED]

Warren Randall; Steve Ambroz; *

William Follas; Richard Rea; Galina *

Michoulovina, *

*

Appellees. *

___________

Submitted: June 26, 2001

Filed: July 27, 2001 

___________

Before MORRIS SHEPPARD ARNOLD, RICHARD S. ARNOLD, and FAGG,

Circuit Judges.

___________

PER CURIAM.

David E. Proctor appeals the district court's adverse grant of summary judgment

in his employment discrimination action. After a review of the record and the parties'
-2-

briefs, we conclude the judgment was proper for the reasons stated by the district court.

Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
|                           | South Jersey Gas      Company |                                         |
|--------------------------------|-------------------------------|----------------------------------------------|
|                           |                          |                                         |   |
| Date:       March 4, 2009 | By:                           | /s/ Edward      J. Graham               |   |
|                           |                          | Edward      J. Graham                        |   |
|                           |                          | President      & Chief Executive Officer |   |
|                           |                          |                                         |   |

----
(logo) usbank

All of us serving you

 

Annual Statement of Compliance

Citigroup Commercial Mortgage Securities Inc.,

Commercial Mortgage Pass-Through Certificates, Series 2014-GC21

 

VIA: EMAIL

 

Citigroup Commercial Mortgage Securities Inc.

390 Greenwich Street, 5th Floor

New York, New York 10013

Attention: Paul Vanderslice

Email: paul.t.vanderslice@citi .com

 

GS Mortgage Securities Corporation II, as Depositor for

GS Mortgage Securities Corporation II,

Commercial Mortgage Pass-Through Certificates, Series 2014-GC20

&GS Mortgage Securities Corporation II,

Commercial Mortgage Pass-Through Certificates, Series 2014-GC22

200 West Street

New York, New York 10282

Attention: Leah Nivison

Email: leah.nivison@gs.com

 

Wells Fargo Bank, National Association, as Certificate Administrator for

GS Mortgage Securities Corporation II,

Commercial Mortgage Pass-Through Certificates, Series 2014-GC20

&GS Mortgage Securities Corporation II,

Commercial Mortgage Pass-Through Certificates, Series 2014-GC22 9062 Old Annapolis Road

Columbia, Maryland 21045

Email: trustadministrationgroup@wellsfargo.com

Email: cts.sec.notifications@wellsfargo.com

Attention: SEC Notifications

 

Re: Pooling and Servicing Agreement dated as of May 1, 2014 (the "Agreement") between Citigroup Commercial Mortgage Securities Inc., as Depositor, Wells Fargo Bank, National Association, as the Master Servicer, LNR Partners, LLC, as the Special Servicer, Park Bridge Lender Services LLC, as the Operating Advisor, and U.S. Bank National Association, as the Certificate Administrator and Trustee.

 

I, Kimberly O. Jacobs, a Senior Vice President of U.S. Bank National Association, as Certificate Administrator, as a certifying servicer hereby certify that:

 

(1) A review of the activities of the Certificate Administrator during the preceding calendar year (the "Reporting Period") and of the performance of the Certificate Administrator under the Agreement has been made under my supervision; and

 

(2) To the best of my knowledge, based on such review, the Certificate Administrator has fulfilled all its obligations under the Agreement in all material respects throughout such Reporting Period.

 

Capitalized terms used but not defined herein have the meanings set forth in the Agreement.

 

 

Date: March 15, 2016

 

U.S Bank Association, as Certificate Administrator

 

By: /s/ Kimberly O. Jacobs

Kimberly O. Jacobs

Senior Vice President
<TABLE> <S> <C>

<ARTICLE>                        5

<S>                              <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                               MAR-31-2000
<PERIOD-END>                                    JUN-30-1999
<CASH>                                               11,512
<SECURITIES>                                              0
<RECEIVABLES>                                     1,979,742
<ALLOWANCES>                                         86,332
<INVENTORY>                                         559,973
<CURRENT-ASSETS>                                  2,570,594
<PP&E>                                            3,539,531
<DEPRECIATION>                                    1,806,452
<TOTAL-ASSETS>                                    5,451,317
<CURRENT-LIABILITIES>                             2,138,396
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                             30,311
<OTHER-SE>                                        2,147,741
<TOTAL-LIABILITY-AND-EQUITY>                      5,451,317
<SALES>                                           2,722,326
<TOTAL-REVENUES>                                  2,722,326
<CGS>                                             1,442,292
<TOTAL-COSTS>                                     1,442,292
<OTHER-EXPENSES>                                  1,360,175
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                   36,085
<INCOME-PRETAX>                                    (116,226)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                                       0
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                       (116,226)
<EPS-BASIC>                                         (0.04)
<EPS-DILUTED>                                         (0.04)



</TABLE>
EXHIBIT 99.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



As of the date hereof, I, John Kunze, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Annual Report of Plumtree Software, Inc. on Form 10-K for the fiscal year ended December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the Securities exchange Act of 1934 and that
information contained in such Annual Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of Plumtree Software, Inc.



By:

/s/    JOHN
KUNZEName:

John KunzeTitle:

Chief Executive OfficerDated:

March 24, 2003
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02 - 14 - 00229 - CV NO. 02 - 14 - 00231 - CV IN RE DENTON COUNTY FRESH WATER SUPPLY DISTRIC T NO. 11

- A RELATOR

------------ ORIGINAL PROCEEDING TRIAL COURT NO. 2013

- 60435

- 393

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

### MEMORANDUM OP INION 1

------------ The co urt has considered relator’s petition for writ of mandamus and petition for temporary injunctive relief and is of the opinion that relief should be den ied. Accordingly, relator’s petition for writ of mandamus and petition for
tem porary injunctive relief are denied. 2
PER CURIAM PANEL: LIVINGSTON, C.J.; GARDNER and WALKER, JJ.
DELIVERED: August 4, 2014

1 See Tex. R. App. P. 47.4, 52.8 (d).

2 Therefore, we deny real party in interest’s motion to extend the time to file a response.
**Exhibit31.1**

 

**Certification Pursuant to**

**Section302 of the Sarbanes-Oxley Act of 2002**

 

I, Chris A. Davis,certify that:

 

1.   Ihave reviewed this quarterly report on Form 10-Q of McLeodUSA Incorporated;

 

2.   Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.   Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.   Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)                    Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

b)                   Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)                    Disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.   Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

 

a)                    Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)                   Any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

 

 
| November 9, 2004 |                                  | /s/ Chris A. Davis |   |
|------------------|---------------------------------------|--------------------|--------|
|             | Chris A. Davis                        |
|             | Chairman and Chief  Executive Officer |

 

----
#### In re Jarred Patrick BRADLEY.

No. 2009-OB-2239.

Supreme Court of Louisiana.

Nov. 5, 2010.

Leslie J. Schiff, Jarred Patrick Bradley, The Schiff Law Corporation, for Applicant.

Lawrence Joseph Centola, Jr., Richard Anthony Goins, New Orleans, Monique Rene Drake, for Respondent.

ON APPLICATION FOR ADMISSION TO THE BAR

PER CURIAM.*

|,The Committee on Bar Admissions (“Committee”) opposed the application of petitioner, Jarred Patrick Bradley, to sit for the Louisiana Bar Examination based on character and fitness concerns stemming from his failure to disclose relevant information on his law school application. We subsequently granted petitioner permission to sit for the bar exam, with the provision that upon his successful completion of the exam, he apply to the court for the appointment of a commissioner to take character and fitness evidence. *In*re: *Bradley,*09-1345 (La.6/24/09), 11 So.3d 491.

Petitioner thereafter successfully passed the essay portion of the bar exam, and upon his application, we remanded this matter to the Committee on Bar Admissions Panel on Character and Fitness to conduct an investigation and appointed a commissioner to take character and fitness evidence. Following the proceedings, the commissioner filed his report with this court, recommending admission be denied. Petitioner objected to that recommendation, and oral argument was conducted before this court pursuant to Supreme Court Rule XVII, § 9(D)(11).

After hearing oral argument, reviewing the evidence, and considering the law, we conclude petitioner is eligible to be admitted to the practice of law in Louisiana, subject to the following conditions:

*115Jjl. The term of this conditional admission shall be for two years from the date of admission.

2. Within thirty days of petitioner’s admission, he shall enter into a formal plan with the Office of Disciplinary Counsel (“ODC”) incorporating the following conditions:

> a. During the period of this conditional admission, petitioner shall attend and successfully complete the Louisiana State Bar Association’s Ethics School program.

> b. Petitioner shall request that the ODC appoint a practice monitor to supervise his professional activities during the period of this conditional admission. Petitioner shall comply with all reasonable requests of his practice monitor.

> c. Petitioner shall cooperate with the ODC, and shall comply with any and all requirements imposed upon him by the ODC.

8. Within thirty days prior to the expiration of the conditional admission, the ODC shall file a report in this court in which it shall recommend to the court that the conditional admission be allowed to terminate or be extended.

Should petitioner fail to make a good faith effort to satisfy these conditions, or should he commit any misconduct during the period of probation, his conditional right to practice may be terminated or he may be subjected to other discipline pursuant to the Rules for Lawyer Disciplinary Enforcement.

CONDITIONAL ADMISSION GRANTED.

VICTORY and CLARK, JJ., would deny admission.

*

 Retired Judge Philip C. Ciaccio, assigned as Justice *ad hoc,*sitting for Chief Justice Catherine D. Kimball.
#### Larry Edward OSTEEN, Petitioner, v. STATE of Florida, Respondent.

No. 1D11-0749.

District Court of Appeal of Florida, First District.

March 16, 2011.

Matt Shirk, Public Defender, and Jon P. Lorimier, Assistant Public Defender, Jacksonville, for Petitioner.

Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Petitioner is granted a belated appeal of the July 28, 2010, judgment and sentence in Duval County Circuit Court case number 11-2009-CF-012578-AXXX-MA. Upon issuance of mandate in this cause, a copy of this opinion shall be provided to the clerk of the circuit court for treatment as the notice of appeal. Fla. R.App. P. 9.141(c)(5)(D). If petitioner qualifies for appointed counsel, the trial court shall appoint counsel to represent petitioner on appeal.

PETITION GRANTED.

BENTON, C.J., PADOVANO and WETHERELL, JJ., concur.