alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Birdsong *et al. v.*Allen-Dumas Company *et al.*

The undisputed evidence showing that at the time the petition was filed the debtor had ceased to be a trader, and also that the mortgages attacked were made to secure *bona fide*and genuine debts, it was error to grant the injunction and appoint a receiver.

June 18, 1894.

Argued at the last term.

*Judgment reversed.*

Petition for injunction and receiver. Before Judge Griggs. Bibb county. January 26, 1894,

R. V. Hardeman & Son, by B. M. Davis, for plaintiffs in error. L. D. Moore, by brief, *contra.*

Birdsong made two mortgages on December 23, 1893, covering his stock of merchandise, to secure notes of that date, due one day afterward, payable to his wife and brother. The mortgages were foreclosed on December 25, and the store closed. Plaintiffs brought their petition in the nature of a general creditors’ bill on January 9, 1894, against Birdsong as an insolvent trader, and against the mortgagees,' alleging, among other things, that the mortgages were made, with the knowledge of the mortgagees, to hinder and delay the creditors; and charging, on information and belief, that the same were fraudulent and without any valuable consideration. The controlling facts on which the case turned are stated in the head-note.
The District Court of the 20th Judicial District. County of Lake.

#### STATE OF MONTANA, Plaintiff, vs. SWAN SMITH, Defendant.

CAUSE NO. DC-03-55 DECISION

On July 22, 2004, the defendant was sentenced to the following: Count I: Life imprisonment in the Montana State Prison, for the offense of Deliberate Homicide, a Felony; Count II: Ten (10) years in the Montana State Prison, for the offense of Tampering With or Fabricating Physical Evidence, a Felony; and Count III: Ten (10) years in the Montana State Prison, for the offense of Tampering With Witnesses and Informants, a Felony.

On November 4, 2010, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Greg Jackson. The state was represented by Mitch Young.

Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was farther advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division of the Supreme Court of Montana provides that “the sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

Done in open Court this 4th day of November, 2010.

DATED this 18th day of November, 2010.

Chairperson, Hon. Blair Jones, Member, Hon. Richard Simonton and Member, Hon. Ray Dayton.
2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

2-28-2008

USA v. Langford

Precedential or Non-Precedential: Precedential

Docket No. 06-2774

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2008 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Langford" (2008). 2008 Decisions. Paper 1487.

http://digitalcommons.law.villanova.edu/thirdcircuit_2008/1487
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

 

No. 06-2774

 

UNITED STATES OF AMERICA

v.

SHAWN LANGFORD,

 Appellant

 

Appeal from the United States District Court

for the Western District of PA

(D.C. Criminal No. 05-cr-00151-2)

District Judge: Honorable Gary L. Lancaster

 

Argued November 2, 2007

Before: RENDELL, WEIS and NYGAARD, Circuit Judges.

 

ORDER AMENDING OPINION

At the Court’s direction, it is hereby order that the opinion filed on February 22,

2008 in the above referenced case be amended in order to correct certain formatting issues

present in the dissenting opinion. The Clerk shall file an amended opinion. The

amendment does not change the or alter the substance of the opinion and this Court’s

judgment.

For the Court,

Marcia M. Waldron, Clerk

Dated: February 28, 2008

tmk/cc: Robert L. Eberhardt, Esq.

 Rebecca R. Haywood, Esq.

 Kimberly R. Brunson, Esq.

 Renee Pietropaolo, Esq.
##### 



EXHIBIT 21.1

NETWORKS ASSOCIATES, INC.
Consolidated Subsidiaries at December 31, 2002

Foreign and Domestic

1. Network Associates Holding Company, Inc.
2. Network Associates Technology, Inc.
3. Network Associates Australia Pty, Ltd.
4. Network Associates Software Development GmbH
5. Network Associates N.V.
6. Network Associates Do Brazil Ltda
7. Network Associates Canada Ltd.
8. Network Associates (Shanghai) Software Co. Ltd.
9. Network Associates (Denmark) ApS
10. NA Network Associates OY
11. Network Associates S.A.S.
12. Network Associates, GmbH
13. Network Associates (Hong Kong) Ltd.
14. Network Associates (India) Private Limited
15. Network Associates (Israel) Ltd.
16. Network Associates, S.r.l.
17. Network Associates Japan Co., Ltd.
18. Network Associates de Mexico S.A. de C.V.
19. Network Associates International, B.V.
20. Network Associates International Holdings, B.V.
21. Network Associates New Zealand Limited
22. Network Associates (NS) ULC
23. Network Associates (Poland) Sp. Z o.o.
24. Network Associates Software (Singapore) Pte Ltd.
25. Network Associates S.A. Unipersonal
26. Network Associates NA (Sweden) AB
27. Network Associates N.A. AB
28. Network Associates A.G.
29. Network Associates International, Ltd.
30. McAfee.com Delaware Holdings, Inc.
31. McAfee.com Delaware Holdings II, Inc.
32. McAfee.com Holdings Corporation
33. McAfee.com International Ltd.
34. McAfee.com Canada Corp. (NS ULC)
35. McAfee.com Limited
36. Dr Solomons Software, Inc.
37. Dr Solomons Group Ltd
38. Dr Solomons Ltd
39. Dr Solomons Software Ltd.
40. MyCIO.com, Inc.
41. NA Combination Company, Ltd.
42. NA NetTools Holding Company
43. Net Tools, Inc.
44. Net Tools, LLC
45. NetTools Network Associates (Pty) Ltd.
46. NetTools Company
47. NAI Chile Limitada
48. Inversiones NAI Guatemala S.A.
49. Bysupport S.A.
50. Bysupport de Costa Rica S.A.
51. Bysupport de El Salvador S.A.
52. Bysecure S.A.
53. Bysupport de Guatemala S.A.
54. Bysupport de Panama S.A.
55. QA Information Security OY
56. QA Information Security Holding AB
Exhibit 10.1

October 4, 2004

Mr. Frederic H. Sweeny 7129 Gleason Road Edina, MN 55439

Dear Fred,

The following will serve as an agreement for you to join Teledigital, Inc. as a
management consultant to serve in the capacity of Director of Business
Development and Operations commencing today, October 4, 2004. You will also
become a member of the Board of Directors effective today. We understand that
you will retain your position as the Interim Chief Executive Officer of ZH
Computer, Inc.

Your cash compensation will be $5,000 per month, with the first three months'
payments personally guaranteed by me. There are no employee benefits.

You will be granted a ten-year non-qualified stock option under the Company's
Stock Option Plan for 525,000 shares of the Company's common stock and a
five-year warrant for 1,225,000 shares of common stock. Both the option and
warrant will:
o     Have an exercise price of $0.15 per share;
o     Have provisions allowing cashless exercises; and
o     Vest 25% immediately, 25% on December 31, 2004; 25% on October 4, 2005 and
      25% on October 4, 2006.

Congratulations on joining Teledigital. I look forward to working with you.

If you are in agreement with the above, please sign below. If you have any
questions, please let me know.


Sincerely,

                                              Agreed:
/s/ Richard W. Perkins
------------------------------------          /s/ Frederic H. Sweeny
Richard W. Perkins                            ---------------------------------
Chairman of the Board                         Frederic H. Sweeny


2150548v1
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                  166,958
<ALLOWANCES>                                   125,999
<INVENTORY>                                          0
<CURRENT-ASSETS>                                40,959
<PP&E>                                         286,325
<DEPRECIATION>                                 264,841
<TOTAL-ASSETS>                                  73,971
<CURRENT-LIABILITIES>                          448,636
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    710,000
<COMMON>                                        12,781
<OTHER-SE>                                   5,390,185
<TOTAL-LIABILITY-AND-EQUITY>                    73,971
<SALES>                                        508,186
<TOTAL-REVENUES>                               508,186
<CGS>                                          417,625
<TOTAL-COSTS>                                  129,842
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,963
<INCOME-PRETAX>                               (45,244)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (45,244)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 805 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                 S. 805

     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to allow the area of a Presidentially declared disaster 
                to include the outer Continental Shelf.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2005

  Mr. Vitter introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
     To amend the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act to allow the area of a Presidentially declared disaster 
                to include the outer Continental Shelf.

    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 ``Offshore Infrastructure Emergency 
Relief Act of 2005''.

SEC. 2. PRESIDENTIALLY DECLARED DISASTER AREA MAY INCLUDE THE OUTER 
              CONTINENTAL SHELF.

    (a) In General.--Section 102(3) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(3)) is amended by 
inserting ``, and includes the outer Continental Shelf (as defined in 
section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 
1331(a))'' after ``Islands''.
    (b) Effective Date.--The amendment made by this section shall apply 
to--
            (1) declarations made after the date of the enactment of 
        this Act, or
            (2) modifications made after such date with respect to 
        declarations made after December 31, 2003.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AND STATEMENTS OF INCOME AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-02-1999
<PERIOD-END>                               JUL-04-1998
<CASH>                                             450
<SECURITIES>                                     4,302<F1>
<RECEIVABLES>                                   18,297
<ALLOWANCES>                                     1,137
<INVENTORY>                                      5,146
<CURRENT-ASSETS>                                28,631
<PP&E>                                          11,721
<DEPRECIATION>                                   5,218
<TOTAL-ASSETS>                                  37,171
<CURRENT-LIABILITIES>                           13,816
<BONDS>                                         13,257
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           323
<OTHER-SE>                                       5,862
<TOTAL-LIABILITY-AND-EQUITY>                    37,171
<SALES>                                         17,016
<TOTAL-REVENUES>                                19,410
<CGS>                                           12,734
<TOTAL-COSTS>                                   12,734
<OTHER-EXPENSES>                                 4,402<F2>
<LOSS-PROVISION>                                   749
<INTEREST-EXPENSE>                                 737
<INCOME-PRETAX>                                    797
<INCOME-TAX>                                       315
<INCOME-CONTINUING>                                469
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       469
<EPS-PRIMARY>                                     1.20<F3>
<EPS-DILUTED>                                     1.19
<FN>
<F1>Represents retained interest in transferred credit card receivables
<F2>Represents the sum of selling and administrative expense and depreciation
and amortization expense
<F3>Represents basic earnings per share
</FN>
        


</TABLE>
[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Page 24864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12067]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality


Notice of Meeting

    In accordance with section 10(d) of the Federal Advisory Committee 
Act (5 U.S.C., Appendix 2), announcement is made of a Health Care 
Policy and Research Special Emphasis Panel (SEP) meeting.
    A Special Emphasis Panel is a group of experts in fields related to 
health care research who are invited by the Agency for Healthcare 
Research and Quality (AHRQ), and agree to be available, to conduct on 
an as needed basis, scientific reviews of applications for AHRQ 
support. Individual members of the Panel do not attend regularly-
scheduled meetings and do not serve for fixed terms or a long period of 
time. Rather, they are asked to participate in particular review 
meetings which require their type of expertise.
    Substantial segments of the upcoming SEP meeting listed below will 
be closed to the public in accordance with the Federal Advisory 
Committee Act, section 10(d) of 5 U.S.C., Appendix 2 and 5 U.S.C. 
552b(c)(6). Grant applications for the AHRQ Research Infrastructure 
Program: Phase II Limited Competition (R24) applications are to be 
reviewed and discussed at this meeting. These discussions are likely to 
reveal personal information concerning individuals associated with the 
applications. This information is exempt from mandatory disclosure 
under the above-cited statutes.

    SEP Meeting on: AHRQ Research Infrastructure Program Phase H 
Limited Competition (R24).
    Date: June 9, 2009. (Open on June 9 from 11 a.m. to 11:15 a.m. 
and closed for the remainder of the meeting.)
    Place: Agency for Healthcare Research and Quality, John 
Eisenberg Building, Conference Center, Rockville, Maryland 20850.
    Contact Person: Anyone wishing to obtain a roster of members, 
agenda or minutes of the non-confidential portions of this meeting 
should contact Mrs. Bonnie Campbell, Committee Management Officer, 
Office of Extramural Research, Education and Priority Populations, 
AHRQ, 540 Gaither Road, Room 2038, Rockville, Maryland 20850, 
Telephone (301) 427-1554.
    Agenda items for this meeting are subject to change as 
priorities dictate.

    Dated: May 15, 2009.
Carol M. Clancy,
Director.
[FR Doc. E9-12067 Filed 5-22-09; 8:45 am]
BILLING CODE 4160-90-M
EXHIBIT 31.1
IEA Income Fund VIII
Rule 13a-14 CERTIFICATION
     I, Dennis J. Tietz, certify that:
     1. I have reviewed this quarterly report on Form 10-Q of IEA Income FundVIII (the “Registrant”);
     2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisquarterly report;
     3. Based on my knowledge, the financial statements, and other financialinformation included in this quarterly report, fairly present in all materialrespects the financial condition, results of operations and cash flows of theRegistrant as of, and for, the periods presented in this quarterly report;
     4. The other certifying officer of Cronos Capital Corp. (“CCC”), theGeneral Partner of the Registrant, and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the Registrant and we have:
          (a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the Registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is beingprepared; and
          (b) evaluated the effectiveness of the Registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, based on ourevaluation; and
          (c) disclosed in this report any change in the Registrant’s internalcontrol over financial reporting that occurred during the Registrant’s mostrecent fiscal quarter (the Registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the Registrant’s internal control over financial reporting.
     5. CCC’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 function):
          (a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the Registrant’s internal control overfinancial reporting.
Date: November 12, 2004
/s/ DENNIS J TIETZ
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Hubbart’s

request for oral argument is denied.

JK/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DWANE LAMAR HUBBART, Doctor,

DBA St. Mary’s School of Medicine of the

South Pacific, DBA St. Mary’s Medical

Sciences Program,

 Plaintiff - Appellant,

 v.

STATE OF HAWAII OFFICE OF

CONSUMER PROTECTION,

DEPARTMENT OF COMMERCE AND

CONSUMER AFFAIRS; et al.,

 Defendants - Appellees.

No. 08-16211

D.C. No. 1:07-cv-00459-DAEBMK

MEMORANDUM *

Appeal from the United States District Court

for the District of Hawaii

David A. Ezra, District Judge, Presiding

Submitted January 11, 2010** 

FILED

JAN 22 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
JK/Research 2 08-16211

Before: BEEZER, TROTT, and BYBEE, Circuit Judges.

Dwane Lamar Hubbart appeals pro se from the district court’s judgment 

dismissing his 42 U.S.C. § 1983 action alleging injuries arising from a state court

consent judgment entered in 1999. We have jurisdiction under 28 U.S.C. § 1291. 

We review de novo dismissal on Eleventh Amendment and statute of limitations

grounds. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004). We

affirm.

The district court properly dismissed the claims against the State of Hawaii

Office of Consumer Protection, and the claims for money damages and

retrospective declaratory relief against the state official defendants in their official

capacities, as barred by the Eleventh Amendment. See Yakama Indian Nation v.

State of Wash. Dep’t of Revenue, 176 F.3d 1241, 1245 (9th Cir. 1999). Moreover,

the district court properly dismissed all of the claims as barred by the statute of

limitations under Hawaii law. See Haw. Rev. Stat. § 657-7 (2009) (two-year

statute of limitations for personal injury actions); Haw. Rev. Stat. § 657-1(4)

(2009) (six-year statute of limitations for “[p]ersonal actions of any nature

whatsoever not specifically covered by the laws of the State”).

The district court did not abuse its discretion by denying Hubbart’s motion

for reconsideration because Hubbart did not identify any new evidence, change in
JK/Research 3 08-16211

law, clear error, or manifest injustice. See Sch. Dist. No. 1J, Multnomah County,

Or. v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (reviewing district

court’s denial of a motion to reconsider for an abuse of discretion and setting forth

requirements for reconsideration). 

Hubbart’s motion for leave to file a substituted initial brief is granted. The

Clerk shall file the substituted initial brief received on November 10, 2008.

AFFIRMED.