alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In re: J. David FRASER; Barbara Ann Fraser Debtors. J. David Fraser, Appellant, v. Jeanette Dennis; Carole Dawes, Co-trustees of the Fraser Family Trust, Appellees.

No. 00-56383.

BAP No. CC-99-01706-BMaMO.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2001.*

Decided May 29, 2001.

Before PREGERSON, FERNANDEZ, and WARDLAW, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

J. David Fraser appeals pro se the decision of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order of nondischargeability pursuant to 11 U.S.C. § 523(a)(4). We have jurisdiction pursuant to 28 U.S.C. § 158(d), and we affirm.

The BAP’s conclusions of law are reviewed de novo. *In re Cool Fuel, Inc.,*210 F.3d 999, 1001 (9th Cir.2000). This court independently reviews bankruptcy court’s rulings on appeal from the BAP. *Id.*at 1001-02.

Fraser is collaterally estopped from re-litigating in the dischargeability proceeding the determination that he failed to properly account for money entrusted to him. In an action between the same par*561ties, the state court’s final decision actually and necessarily decided the identical issue. *See Baldwin v. Kilpatrick,*245 B.R. 131, 134 (9th Cir.BAP 2000). Because the state court’s findings meet the statutory definition of defalcation, the bankruptcy court correctly determined that Fraser’s debt was not dischargeable. *See*11 U.S.C. § 523(a)(4); *Otto v. Niles,*106 F.3d 1456, 1459 (9th Cir.1997).

We have considered Fraser’s remaining contentions and deny them for lack of merit.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
<PAGE>


                                                                 EXHIBIT 10.10.1


Schedule identifying substantially identical agreements, between Visteon
Corporation ("Visteon") and each of the persons named below, to the Revised
Change in Control Agreement constituting Exhibit 10.10 to the Quarterly Report
on Form 10-Q of Visteon for the quarterly period ended March 31, 2005.


                                                    Name
                                                    ----

                                  Michael F. Johnston
                                  Donald J. Stebbins
                                  James F. Palmer
                                  Dr. Heinz Pfannschmidt
                                  John Donofrio
                                  Robert H. Marcin
EXHIBIT 10.1

                              TERMINATION AGREEMENT
                              ---------------------

     THIS  TERMINATION  AGREEMENT  (the  "Agreement")  is  made and entered into
                                          ---------
effective  as  of  November __, 2005, by and between NS8 CORPORATION, a Delaware
corporation  (the  "Company"),  and  CORNELL  CAPITAL  PARTNERS,  LP, a Delaware
                    -------
limited  partnership  (the  "Investor").
                             --------

                                    Recitals:
                                    --------

     WHEREAS,  the  Company  and  the  Investor  entered  into  a Standby Equity
Distribution  Agreement  (the  "Standby  Equity  Distribution");  a Registration
                                -----------------------------
Rights  Agreement  (the  "Registration  Rights  Agreement"); an Escrow Agreement
                          -------------------------------
(the  "Escrow Agreement"); and a Placement Agent Agreement (the "Placement Agent
       ----------------                                          ---------------
Agreement");  all  of  which  are dated May 19, 2004  (collectively, the Standby
---------
Equity Distribution Agreement, the Registration Rights Agreement, and the Escrow
Agreement  and  Placement  Agent  Agreement  are referred to as the "Transaction
                                                                     -----------
Documents."
---------

     NOW,  THEREFORE,  in consideration of the promises and the mutual promises,
conditions  and  covenants contained herein and in the Transaction Documents and
other  good and valuable consideration, receipt of which is hereby acknowledged,
the  parties  hereto  agree  as  follows:

1.     Termination.  Each  of the parties to this Agreement hereby terminate the
       -----------
Transaction  Documents  and  the  respective  rights  and  obligations contained
therein.  As  a  result  of  this  provision, none of the parties shall have any
rights  or  obligations  under  or  with  respect  to the Transaction Documents.

2.     Fees.     The  Investor  shall  be  entitled  to  retain any and all fees
       ----
received  in  the  connection  with  the  Standby Equity Distribution Agreement,
including  without  limitation the fees contained in Section 12.4 of the Standby
Equity  Distribution  Agreement.


     IN  WITNESS WHEREOF, the parties have signed and delivered this Termination
Agreement  on  the  date  first  set  forth  above.

NS8  CORPORATION                        CORNELL  CAPITAL  PARTNERS,  LP

By: /s/ Anthony  Alda                   By:  Yorkville  Advisors,  LLC
    ----------------------              Its:  General  Partner
Name:  Anthony  Alda
Title:  CEO                             By: /s/ Mark  A.  Angelo
                                            ---------------------
                                        Name:  Mark  A.  Angelo
                                        Title:  Portfolio  Manager


                                      EX-1
<PAGE>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4438 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4438

To amend title 38, United States Code, to extend from two years to five 
years the eligibility of veterans who served in recent hostilities for 
hospital care, medical services, and nursing home care for any illness.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

 Mr. Emanuel (for himself, Mr. Evans, Mr. Edwards, Mr. Strickland, Mr. 
Peterson of Minnesota, Mr. Filner, Mr. Gutierrez, Mrs. McCarthy of New 
   York, Mr. McGovern, Mr. Boswell, Mr. Sandlin, Mr. McDermott, Mr. 
Schiff, Mr. Ballance, and Mr. Rodriguez) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to extend from two years to five 
years the eligibility of veterans who served in recent hostilities for 
hospital care, medical services, and nursing home care for any illness.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Discharged Combat Veterans Medical 
Care Extension Act''.

SEC. 2. FIVE-YEAR ELIGIBILITY OF VETERANS WHO SERVED IN RECENT 
              HOSTILITIES FOR HOSPITAL CARE, MEDICAL SERVICES, AND 
              NURSING HOME CARE FOR ANY ILLNESS.

    Section 1710(e)(3)(C) of title 38, United States Code, is amended 
by striking ``2 years'' and inserting ``five years''.
                                 <all>
```
CONSENT OF INDEPENDENT ACCOUNTANTS


         We consent to the incorporation by reference in the registration of
ALLTEL Corporation on Form S-8 (File Nos. 2-99523, 33-35343, 33-48476, 33-54175,
33-56291, and 33-65199) of our report dated March 6, 1998, on our audit of the
consolidated financial statements of the Orlando SMSA Limited Partnership as of
December 31, 1997 and for the year then ended, which report is included in this
annual report on Form 10-K.

                                             /s/ PricewaterhouseCoopers LLP

Atlanta, Georgia
March 24, 1999

                                       84
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4524 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4524

 To expand the Central Command Rest and Recuperation Leave Program to 
 cover transportation by members of the Armed Forces who are stationed 
 inside or outside of the United States, but not in an area previously 
   designated for inclusion in the program, and are granted leave in 
 anticipation of deployment overseas in connection with a contingency 
                               operation.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2004

  Mrs. Kelly introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To expand the Central Command Rest and Recuperation Leave Program to 
 cover transportation by members of the Armed Forces who are stationed 
 inside or outside of the United States, but not in an area previously 
   designated for inclusion in the program, and are granted leave in 
 anticipation of deployment overseas in connection with a contingency 
                               operation.

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

SECTION 1. EXPANDED ELIGIBILITY FOR TRANSPORTATION UNDER THE CENTRAL 
              COMMAND REST AND RECUPERATION LEAVE PROGRAM.

    The Secretary of Defense shall expand the Central Command Rest and 
Recuperation Leave Program to provide or pay for transportation for a 
member of the Armed Forces who--
            (1) is assigned to duty inside or outside of the United 
        States, but not in an area previously designated for inclusion 
        in the program;
            (2) receives orders for deployment to an area for which 
        imminent danger pay is available under section 310 of title 37, 
        United States Code; and
            (3) is granted leave in anticipation of such deployment.
                                 <all>
```
EXHIBIT 23




                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



    To the Shareholders of
    ALLTEL Corporation:


    As independent public accountants, we hereby consent to the incorporation
    by reference in the previously filed registration statements of ALLTEL
    Corporation on Forms S-8 (Registration No's. 2-99523, 33-35343, 33-48476,
    33-54175, 33-56291 and 33-65199) of our report dated April 13, 1998, on our
    audit of the financial statements of the ALLTEL Corporation Thrift Plan as
    of December 31, 1997 and 1996 and for the year ended December 31, 1997,
    which reports are incorporated by reference in this Amendment No. 1 to the
    1997 ALLTEL Corporation Annual Report on Form 10-K.





                                              /S/ ARTHUR ANDERSEN LLP
                                                  ARTHUR ANDERSEN LLP


    Little Rock, Arkansas,
    April 24, 1998.

                                        3
#### Randall K. WHITED, Plaintiff-Appellant, v. Pascual G. OLIBAS, Defendant-Appellee.

No. 00-55809.

D.C. No. CV-99-01052-DOC.

United States Court of Appeals, Ninth Circuit.

*556Submitted May 14, 2001.*

Decided May 29, 2001.

Before PREGERSON, FERNANDEZ, and WARDLAW, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Randall K. Whited appeals pro se the district court’s judgment dismissing for lack of subject matter jurisdiction his 42 U.S.C. § 1983 action alleging that a justice of the peace violated his due process and equal protection rights through procedural rulings concerning a traffic citation. Because the traffic citation was dismissed and no case or controversy exists, we dismiss Whited’s appeal as moot. *See Lewis v. Cont’l Bank Corp.,*494 U.S. 472, 477, 110 S.Ct. 1249, 108 L.Ed.2d 400 (1990).

DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7418

CEDRIC DAVIS,

 Petitioner – Appellant,

v.

WARDEN ANTHONY PADULA, Lee Correctional Institution,

 Respondent - Appellee.

Appeal from the United States District Court for the District of 

South Carolina, at Orangeburg. Timothy M. Cain, District Judge. 

(5:11-cv-02256-TMC)

Submitted: December 19, 2012 Decided: December 26, 2012

Before WYNN and THACKER, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Cedric Davis, Appellant Pro Se. James Anthony Mabry, Assistant 

Attorney General, Donald John Zelenka, Senior Assistant Attorney 

General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Cedric Davis seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 28 U.S.C. § 2254 (2006) petition. The 

order is not appealable unless a circuit justice or judge issues 

a certificate of appealability. 28 U.S.C. § 2253(c)(1)(A)

(2006). A certificate of appealability will not issue absent “a 

substantial showing of the denial of a constitutional right.” 

28 U.S.C. § 2253(c)(2) (2006). When the district court denies 

relief on the merits, a prisoner satisfies this standard by 

demonstrating that reasonable jurists would find that the 

district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 

(2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003). 

When the district court denies relief on procedural grounds, the 

prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the petition states a debatable 

claim of the denial of a constitutional right. Slack, 529 U.S. 

at 484-85. 

We have independently reviewed the record and conclude 

that Davis has not made the requisite showing. Accordingly, we 

deny a certificate of appealability, deny leave to proceed in 

forma pauperis and dismiss the appeal. We dispense with oral 

argument because the facts and legal contentions are adequately 
3

presented in the materials before this court and argument would 

not aid the decisional process.

DISMISSED
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from consolidated
financial statements found on the Annual Report on Form 10-K, December 31, 1997,
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                                 687
<SECURITIES>                                             0
<RECEIVABLES>                                        8,404
<ALLOWANCES>                                            75
<INVENTORY>                                         16,931
<CURRENT-ASSETS>                                    28,430
<PP&E>                                              12,970
<DEPRECIATION>                                       4,697
<TOTAL-ASSETS>                                      41,822
<CURRENT-LIABILITIES>                               10,247
<BONDS>                                             12,626
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               104
<OTHER-SE>                                          18,845
<TOTAL-LIABILITY-AND-EQUITY>                        41,822
<SALES>                                             52,037
<TOTAL-REVENUES>                                    52,037
<CGS>                                               38,142
<TOTAL-COSTS>                                       38,142
<OTHER-EXPENSES>                                       (16)
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   1,237
<INCOME-PRETAX>                                        769
<INCOME-TAX>                                           189
<INCOME-CONTINUING>                                    580
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           580
<EPS-PRIMARY>                                         0.06
<EPS-DILUTED>                                         0.06
        

</TABLE>
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





In
connection with the Quarterly Report of China Broadband, Inc. (the "Company") on
Form 10-Q/A for the period ended September 30, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Marc Urbach,
Principal Accouting Officer and Principal Financial Officer of the Company,
certify, pursuant to 18 U.S.C. 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 and Exchange Act of 1934; and





(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.





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




August
      23, 2010
                        /s/
      Marc UrbachMarc
      Urbach (Principal Accouting Officer and
      Principal Financial Officer )
Presidential Documents

71619 

Federal Register 

Vol. 79, No. 231 

Tuesday, December 2, 2014 

Title 3— 

The President 

Presidential Determination No. 2015–02 of November 21, 2014 

Presidential Determination Pursuant to Section 1245(d)(4)(B) 

and (C) of the National Defense Authorization Act for Fiscal 

Year 2012 

Memorandum for the Secretary of State[,] the Secretary of the Treasury[, 

and] the Secretary of Energy 

By the authority vested in me as President by the Constitution and the 

laws of the United States, after carefully considering the report submitted 

to the Congress by the Energy Information Administration on October 30, 

2014, and other relevant factors, including global economic conditions, increased oil production by certain countries, and the level of spare capacity, 

I determine, pursuant to section 1245(d)(4)(B) and (C) of the National Defense 

Authorization Act for Fiscal Year 2012, Public Law 112–81, and consistent 

with my prior determinations, that there is a sufficient supply of petroleum 

and petroleum products from countries other than Iran to permit a significant 

reduction in the volume of petroleum and petroleum products purchased 

from Iran by or through foreign financial institutions. 

I will continue to monitor this situation closely. 

The Secretary of State is hereby authorized and directed to publish this 

memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, November 21, 2014 

[FR Doc. 2014–28481 

Filed 12–1–14; 11:15 am] 

Billing code 4710–10 


mstockstill on DSK4VPTVN1PROD with O0OB#1.EPS</GPH>
EXHIBIT 32.2

Walter Industries, Inc.    Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002    18 U.S.C. Section 1350

In
connection with the accompanying Annual Report of Walter Industries, Inc. (the "Company") on Form 10-Q for the quarterly period ended September 30,
2007 (the "Report"), I, Joseph J. Troy, Chief Financial 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:



Date:
November 8, 2007

| | /s/JOSEPH J. TROYJoseph J. Troy Chief Financial Officer
| | -------------------------------------------------------

---



QuickLinks
<PAGE>

                                                                   Exhibit 32(a)

                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The undersigned, being the Chief Executive Officer of Jordan Industries,
Inc., an Illinois corporation (the "Registrant"), hereby certifies that the
quarterly report on Form 10-Q of the Registrant for the period ended March 31,
2006, which accompanies this certification, fully complies with the requirements
of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. Section
78m(a)) and that the information contained in the Quarterly Report fairly
presents, in all material respects, the financial condition and results of
operations of the Registrant.

Date: May 15, 2006


/s/ John W. Jordan II
-------------------------------------
John W. Jordan II
Chairman and Chief Executive Officer
<PAGE>
                                                                 EXHIBIT  10(m)8
                                                           ALLETE 2006 FORM 10-K

             ALLETE EXECUTIVE LONG-TERM INCENTIVE COMPENSATION PLAN
                     FORM OF LONG-TERM CASH INCENTIVE AWARD
                                 EFFECTIVE 2007
                         [ELIGIBLE EXECUTIVE EMPLOYEES]


                           GOALS AND AWARD OPPORTUNITY
                           ---------------------------


Base Salary                                                              $

    TIMES

Award Opportunity (percent of base salary)                               %
                                                                         -------

    EQUALS

Target Award Opportunity                                                 $

    TIMES

Strategic Non-financial Goals (0% - 120%)

    EQUALS

Cash Incentive Award                                                     $
                                                                         -------
Vesting Period: