alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gray *v.*Baldwin and Another.

^11 ^njunc^on may t>e obtained by a mortgagee to restrain a mortgagor from committing such waste as may render unsafe the mortgage-debt.

If an injunction in such case be granted in vacation on a valid bill, and it be shown to the Court at the next term that the injunction had been irregularly granted, the injunction may be dissolved, but the bill should not be dismissed.

ERROR to the *Steuben*Circuit Court.

Perkins, J.

Bill in chancery. The bill states that on the 19th of *January,*1841, the complainant sold and conveyed to *Baldwin,*one of the defendants, eighty acres of land (describing it); that *Baldwin*paid thirty-four dollars of the purchase-money in hand, and gave a mortgage on the land to secure the remainder, being two hundred and sixty-six dollars, payable in instalments, the last of which did not become due till five years from the purchase by *Baldwin.*The bill further states, that the complainant took no security for said unpaid purchase-money but the mortgage on the land, and that *Baldwin*has no other property. It states that the purchase-money so secured is unpaid, and that the land is an insufficient security for the same and the accumulating interest. The bill charges that *Baldwin,*confederating with *Barnard,*the other defendant, threatens that he will cut and take from said land all the valuable timber, and apply the proceeds to his own use, and then abandon the premises to the complainant for his purchase-money and interest; that he, with said *Barnard,*is now engaged in carrying his threats into execution, and has a large quantity of the valuable timber on said land now cut down and in readiness to be removed. And the bill avers that the security for complainant’s purchase-money will be greatly impaired, if these acts are not restrained and prevented. An injunction is prayed. The associate judges granted the injunction in vacation. At the succeeding term of the Circuit Court, the defendants appeared and moved to dissolve the injunction, on account of the same having been granted without notice first having been given to them of the application therefor; there being no allegation in the bill of a case of emergency. The Court sustained the motion, dissolved the injunction, and dismissed the bill.

*165*J. B. Howe,*for the plaintiff.

*W. H. Coombs*and *I. H. Kiersted,*for the defendants.

The Court erred in dismissing the bill. It contains a clear ° case for equitable relief. No point of law is better than that a Court of equity will grant an injunction to restrain waste by the mortgagor, where it is such as may render unsafe the debt secured by the mortgage. *Brady*v. *Waldron,*2 Johns. Ch. R. 148. Eden on Injunctions, 205. That being the case, the bill should not have been dismissed. If the injunction was irregularly granted, that may have justified its dissolution; but the complainant should have been left to his motion to renew it, if he deemed it necessary, or to obtain it, if right, on the final hearing.

*Per Curiam.*

The decree dismissing the bill is reversed with costs. Cause remanded, &c.
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.                  

###### Department of the Interior

###### Bureau of Land Management

          - [LLMTC 00900.L16100000.DP0000]

# AGENCY:

Bureau of Land Management, Interior, Montana, Billings and Miles City Field Offices.

# ACTION:

Notice of public meeting.

# SUMMARY:

In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Eastern Montana Resource Advisory Council (RAC), will meet as indicated below.

# DATES:

The next regular meeting of the Eastern Montana Resource Advisory Council will be held on Dec. 2, 2010 in Billings, Montana. The meeting will start at 8 a.m. and adjourn at approximately 3:30 p.m.

# ADDRESSES:

When determined, the meeting location will be announced in a news release.

# FOR FURTHER INFORMATION CONTACT:

                        Mark Jacobsen, Public Affairs Specialist, BLM Eastern Montana/Dakotas District, 111 Garryowen Road, Miles City, Montana 59301.                         *Telephone:*                         (406) 233-2831.                    

# SUPPLEMENTARY INFORMATION:

The 15-member Council advises the Secretary of the Interior through the Bureau of Land Management on a variety of planning and management issues associated with public land management in Montana. At these meetings, topics will include: Miles City and Billings Field Office manager updates, subcommittee briefings, work sessions and other issues that the council may raise. All meetings are open to the public and the public may present written comments to the Council. Each formal Council meeting will also have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, tour transportation or other reasonable accommodations should contact the BLM as provided above.

Dated: October 25, 2010.

M. Elaine Raper,

Manager, Eastern Montana—Dakotas District.

[FR Doc. 2010-27594 Filed 11-1-10; 8:45 am]

BILLING CODE 4310-DN-P
#### Thomas D. CLARK, Plaintiff-Appellant, v. UNITED STATES of America, named as “U.S. and USA Government,” its agencies and agents, Defendant-Appellee.

No. 03-1343.

United States Court of Appeals, Sixth Circuit.

Aug. 27, 2003.

*562Thomas D. Clark, pro se, Lansing, MI, for Plaintiff-Appellant.

Michael L. Shiparski, Asst. U.S. Attorney, U.S. Attorney’s Office for the Western District of Michigan, Grand Rapids, MI, for Defendant-Appellee.

Before KENNEDY, GUY, and DAUGHTREY, Circuit Judges.

*ORDER*

Thomas D. Clark, proceeding pro se, appeals a district court judgment dismissing his civil case. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. RApp. P. 34(a).

Seeking monetary and equitable relief, Clark filed suit against the Department of State, the United States, the National Security Agency, and its director, Lt. Hayden, pursuant to, inter alia, the Federal Tort Claims Act, the Administrative Procedures Act, the Constitution, and common law. Clark asserted that, because of his royal lineage, the United States had entered into agreements with other organizations to use “signals intelligence” and “directed energies,” i.e., sound, gravity, and laser, to target him for radiation experiments on U.S. citizens with royal genes and “social historical spiritual archetypes.” Upon sua sponte review, the district court dismissed the complaint as frivolous pursuant to 28 U.S.C. § 1915(e)(2).

Clark has filed a timely appeal.

Upon review, we conclude that the district court’s judgment must be affirmed for reasons other than those stated by the district court. *See Apple v. Glenn,*183 F.3d 477, 479-80 (6th Cir.1999). The district court dismissed the complaint pursuant to 28 U.S.C. § 1915(e), which governs civil actions brought in forma pauperis (“IFP”). *See Benson v. O’Brian,*179 F.3d 1014, 1017 (6th Cir.1999). Clark, however, did not proceed IFP, but paid the filing fee. Generally, if a plaintiff pays the filing fee, a complaint is not subject to dismissal without notice to the plaintiff and an opportunity to amend. *Id.*

Although the district court did not give Clark notice and an opportunity to amend before dismissing the action, the district court’s actions may nonetheless be affirmed. A complaint may be dismissed sua sponte “for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure when the allegations of a complaint are totally implausible, attenuated, unsubstantial, frivolous, devoid of merit, or no longer open to discussion.” *Apple,*183 F.3d at 479. The *563district court properly concluded that the complaint was frivolous because it lacked an arguable basis in law or fact. *See Neitzke v. Williams,*490 U.S. 319, 325, 109 S.Ct. 1827, 104 L.Ed.2d 338 (1989).

Accordingly, we affirm the district court’s judgment on the ground that the district court lacked subject matter jurisdiction to entertain Clark’s complaint. Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Exhibit 32.1








CERTIFICATON OF CHIEF EXECUTIVE OFFICER





Pursuant to 18 U.S.C. § 1350, as adopted pursuant to


§ 906 of the Sarbanes-Oxley Act of 2002





In connection with the filing with the Securities and Exchange Commission of the Quarterly Report of Hemagen Diagnostics, Inc. on Form 10-Q for the period ending March 31, 2011, (the ”Report”), I, William P. Hales, certify, pursuant to 18 U.S.C. § 1350, 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/ William P. Hales


William P. Hales


President and Chief Executive Officer


(Principal Executive Officer)














May 16, 2011





























A signed original of this written statement required by Section 906 has been provided to Hemagen Diagnostics, Inc. and will be retained by Hemagen Diagnostics, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                           AMENDMENT NUMBER THREE TO
                      THE 1993 NATIONAL STEEL CORPORATION
                   NON-EMPLOYEE DIRECTORS' STOCK OPTION PLAN

          Amendment made as of this 14/th/ day of February, 2000 to the 1993
National Steel Corporation Non-Employee Directors' Stock Option Plan (the
"Plan").

                                  WITNESSETH:

          WHEREAS, National Steel Corporation, a Delaware corporation (the
"Company") has established the Plan;

          WHEREAS, the Company maintains the Plan to assist it in attracting and
retaining the services of certain non-employee directors by providing such
persons with the option to purchase shares of the Class B Common Stock of the
Company, $.01 par value;

          WHEREAS, the Company wishes to amend the Plan; and

          WHEREAS, the Board (as defined in Section 2.01.3 of the Plan) has the
authority under Section 10.01 of the Plan to amend the Plan from time to time.

          NOW THEREFORE, the Plan is hereby amended, effective as of February
14, 2000, as follows:

1.   Section 6.02(v) is hereby amended by deleting the last sentence thereof and
     replacing it with the following:

          "In addition, each Participant shall receive, upon each
          anniversary of such Participant becoming a director of the
          Company and not subject to the discretion of any Person or
          Persons, an Option under the Plan relative to the purchase
          of 1,000 shares (subject to the provision of Section 8)."

2.   Except as herein modified and amended, the terms of the Plan shall remain
     unchanged and in full force and effect.
FILED

United States Court of Appeals

Tenth Circuit

June 8, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

SAMMY LEROY MCMURRAY,

 Plaintiff - Appellant,

v.

JUSTICE MCCELMOORE,

 Defendant - Appellee.

No. 10-2119

(D.C. No. 6:10-CV-00389-JCH-GBW)

(D. N.M.)

ORDER

Before HARTZ, O’BRIEN, and HOLMES, Circuit Judges.

In an April 22, 2010 Order, the district judge referred Plaintiff Sammy

McMurray’s civil rights case to a magistrate judge for findings of fact and

recommendations. Plaintiff, proceeding pro se, appeals. We dismiss for lack of

jurisdiction. The district court order appealed is interlocutory.

“Federal appellate jurisdiction generally depends on the existence of a

decision by the District Court that ‘ends the litigation on the merits and leaves

nothing for the court to do but execute the judgment.’ ” Federal Deposit

Insurance Corp. v. McGlamery, 74 F.3d 218, 221 (10th Cir. 1996) (quoting

Coopers & Lybrand v. Liversay, 437 U.S. 463, 467 (1978)). In Will v. Hallock,

Appellate Case: 10-2119 Document: 01018436897 Date Filed: 06/08/2010 Page: 1 
2

546 U.S. 345 (2006), the Supreme Court stressed that very few types of

interlocutory orders can qualify as immediately appealable collateral orders. The

requirements are strict and “unless they are kept so, the underlying doctrine will

overpower the substantial finality interests [28 U.S.C.] § 1291 is meant to

further.” Id. at 349.

Upon review, the court finds that the April 22, 2010 Order appealed by

Plaintiff does not constitute a final or immediately appealable decision under §

1291 or under any recognized exception to the final judgment rule. Plaintiff’s

case is still proceeding before the district court. The magistrate judge has not

issued recommendations, and the district judge has not issued a final judgment.

The appeal is DISMISSED for lack of appellate jurisdiction. 

Entered for the Court,

Elisabeth A. Shumaker, Clerk

Kathleen T. Clifford

Attorney - Deputy Clerk

Appellate Case: 10-2119 Document: 01018436897 Date Filed: 06/08/2010 Page: 2
[Federal Register Volume 75, Number 211 (Tuesday, November 2, 2010)]
[Notices]
[Page 67393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27594]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLMTC 00900.L16100000.DP0000]


Notice of Public Meeting, Eastern Montana Resource Advisory 
Council Meeting

AGENCY: Bureau of Land Management, Interior, Montana, Billings and 
Miles City Field Offices.

ACTION: Notice of public meeting.

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

SUMMARY: In accordance with the Federal Land Policy and Management Act 
(FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. 
Department of the Interior, Bureau of Land Management (BLM) Eastern 
Montana Resource Advisory Council (RAC), will meet as indicated below.

DATES: The next regular meeting of the Eastern Montana Resource 
Advisory Council will be held on Dec. 2, 2010 in Billings, Montana. The 
meeting will start at 8 a.m. and adjourn at approximately 3:30 p.m.

ADDRESSES: When determined, the meeting location will be announced in a 
news release.

FOR FURTHER INFORMATION CONTACT: Mark Jacobsen, Public Affairs 
Specialist, BLM Eastern Montana/Dakotas District, 111 Garryowen Road, 
Miles City, Montana 59301. Telephone: (406) 233-2831.

SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary 
of the Interior through the Bureau of Land Management on a variety of 
planning and management issues associated with public land management 
in Montana. At these meetings, topics will include: Miles City and 
Billings Field Office manager updates, subcommittee briefings, work 
sessions and other issues that the council may raise. All meetings are 
open to the public and the public may present written comments to the 
Council. Each formal Council meeting will also have time allocated for 
hearing public comments. Depending on the number of persons wishing to 
comment and time available, the time for individual oral comments may 
be limited. Individuals who plan to attend and need special assistance, 
such as sign language interpretation, tour transportation or other 
reasonable accommodations should contact the BLM as provided above.

    Dated: October 25, 2010.
M. Elaine Raper,
Manager, Eastern Montana--Dakotas District.
[FR Doc. 2010-27594 Filed 11-1-10; 8:45 am]
BILLING CODE 4310-DN-P
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

                                                                  Exhibit 27.1

                                Worldtex, Inc.

<ARTICLE>                     5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM WORLDTEX,
INC. FORM 10-Q FOR THE PERIOD ENDED MARCH 31, 1999 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>                                      DEC-31-1999
<PERIOD-END>                                           MAR-31-1999
<CASH>                                                       9,374
<SECURITIES>                                                     0
<RECEIVABLES>                                               53,729
<ALLOWANCES>                                                 1,992
<INVENTORY>                                                 55,119
<CURRENT-ASSETS>                                           119,853
<PP&E>                                                     152,696
<DEPRECIATION>                                              42,182
<TOTAL-ASSETS>                                             327,165
<CURRENT-LIABILITIES>                                       48,468
<BONDS>                                                    197,839
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<COMMON>                                                       147
<OTHER-SE>                                                  69,392
<TOTAL-LIABILITY-AND-EQUITY>                               327,165
<SALES>                                                     78,017
<TOTAL-REVENUES>                                            78,017
<CGS>                                                       64,489
<TOTAL-COSTS>                                               64,489
<OTHER-EXPENSES>                                                 0
<LOSS-PROVISION>                                               121
<INTEREST-EXPENSE>                                           4,906
<INCOME-PRETAX>                                              1,420
<INCOME-TAX>                                                   605
<INCOME-CONTINUING>                                            815
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                   815
<EPS-PRIMARY>                                                  .06
<EPS-DILUTED>                                                  .06
        

</TABLE>
II 

108TH CONGRESS 

1ST SESSION S. 1720

To provide for Federal court proceedings in Plano, Texas. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 14, 2003

Mr. CORNYN (for himself and Mrs. HUTCHISON) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL

To provide for Federal court proceedings in Plano, Texas.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FEDERAL COURT PROCEEDINGS IN PLANO, 

4 TEXAS. 

5 Section 124(c)(3) of title 28, United States Code, is 

6 amended by inserting ‘‘and Plano’’ after ‘‘held at Sher7 man’’.

Æ
FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D23-3084

LT Case No. 2003-CF-032520-B

_____________________________

LEIGH VALORIE FORD,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Brevard County.

Aaron Peacock, Judge.

Leigh Valorie Ford, Ocala, pro se.

Ashley Moody, Attorney General, Tallahassee, and Whitney 

Brown Hartless, Assistant Attorney General, Daytona Beach, for 

Appellee.

January 9, 2024

PER CURIAM.

AFFIRMED. See Fla. R. App. P. 9.315(a).

WALLIS, BOATWRIGHT, and KILBANE, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

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

9.331.

_____________________________
**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**

 

The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q for the quarterly period ended December 31, 2004 of Sport Chalet, Inc. (the "Company") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.

 
| Date: | February 9, 2005 |
|-------|------------------|

 
| /s/ Craig L. Levra |
|--------------------|

Chairman of the Board, Chief Executive Officer and President 

 
| /s/ Howard K. Kaminsky |
|------------------------|

Executive Vice President-Finance,

Chief Financial Officer and Secretary

 

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

 

 

 

 

26