alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Dismissed and Opinion Filed July 21, 2015 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00377-CV 

CSI CONSTRUCTION SERVICES, INC. AND RON PARR, INDIVIDUALLY AND 

D/B/A R & R REMODELING SERVICES, Appellants 

V. 

JACQUELINE M. REYES, Appellee 

On Appeal from the County Court at Law No. 3 

Collin County, Texas 

Trial Court Cause No. 003-00649-2013 

MEMORANDUM OPINION 

Before Justices Francis, Lang-Miers, and Whitehill 

Opinion by Justice Whitehill 

 Pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), appellants have filed a motion 

to dismiss the appeal. See TEX. R. APP. P. 42.1(a)(1). We grant the motion and dismiss the 

appeal. See id. 

 

150377F.P05 

 

/Bill Whitehill/ 

BILL WHITEHILL 

JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

CSI CONSTRUCTION SERVICES, INC. 

AND RON PARR, INDIVIDUALLY AND 

D/B/A R & R REMODELING SERVICES, 

Appellant 

No. 05-15-00377-CV V. 

JACQUELINE M. REYES, Appellee 

 On Appeal from the County Court at Law 

No. 3, Collin County, Texas 

Trial Court Cause No. 003-00649-2013. 

Opinion delivered by Justice Whitehill. 

Justices Francis and Lang-Miers 

participating. 

 In accordance with this Court’s opinion of this date, we DISMISS the appeal. 

 We ORDER appellee Jacqueline M. Reyes recover her costs, if any, of this appeal from 

appellants CSI Construction Services, Inc. and Ron Parr, Individually and d/b/a R & R 

Remodeling Services. 

Judgment entered July 21, 2015.
#### Wanda Deregowska-Michalak, Appellant, v Piot Zdzislaw Michalak, Respondent.

Submitted December 31, 2012;

decided February 14, 2013

*1045Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain it *(see*NY Const, art VI, § 3; CPLR 5602).

Judge Rivera taking no part.
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ROBERT SESMA,

 Petitioner - Appellant,

 v.

GEORGE A. NEOTTI,

 Respondent - Appellee.

No. 07-56727

D.C. No. CV-07-00539-

WQH(JMA)

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

William Q. Hayes, District Judge, Presiding

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN and FISHER, Circuit Judges.

California state prisoner Robert Sesma appeals from the district court’s

judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction

under 28 U.S.C. § 2253, and we affirm.

FILED

JUN 24 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-56727

Sesma contends that the Board’s 2005 decision to deny him parole for the

tenth time was not supported by “some evidence” and therefore violated his due

process rights. The only federal right at issue in the parole context is procedural,

and the only proper inquiry is what process the inmate received, not whether the

state court decided the case correctly. Swarthout v. Cooke, 139 S.Ct. 859, 863

(2011); see Roberts v. Hartley, 2011 WL 1365811 at *2-3 (9th Cir. Apr. 12, 2011)

(applying Cooke). Because Sesma raises no procedural challenges, we affirm.

AFFIRMED.
#### KNOX v. ALTER et al.

No. 1398.

District Court, W. D. Pennsylvania.

May 16, 1942.

Frank Schwartz, of Pittsburgh, Pa., for plaintiff.

David B. Buerger and Smith, Buchanan, Scott & Ingersoll, all of Pittsburgh, Pa., for defendants.

SCHOONMAKER, District Judge.

This is an action by plaintiff against David Alter, owner and publisher of a weekly periodical known as “The Jewish Criterion,” and Milton K. Susman, its editor, to recover damages for alleged false and malicious publications in said periodical, charging the plaintiff with being openly engaged in Communist activities and un-American movements, and with writing articles which have been inflammatorily Fascistic.

The defendant Alter has filed twenty-six interrogatories directed to plaintiff under Rule 33 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. The plaintiff objects to these interrogatories, on the ground that some of them are directed to irrelevant matters, and some inquire about matters already appearing in the complaint.

In an opinion filed February 8,. 1940, in Graver Tank & Manufacturing Corp. v. James B. Berry Sons Company, Inc., D.C., 1 F.R.D. 163, we expressed the view that interrogatories under Rule 33-should be relatively few, and should relate to the important facts of the case *338rather than be very numerous and concerned with minor evidentiary details. We regard the interrogatories filed in this case to be in that category.

We will therefore sustain the plaintiff’s objections to the interrogatories filed under Rule 33, without prejudice to defendant’s right to take plaintiff’s deposition on an oral examination.
**Exhibit32.2**

CERTIFICATIONPURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersignedhereby certifies pursuant to 18 U.S.C. Section 1350 in his capacity ofExecutive Vice President and Chief Financial Officer of Premier CommercialBancorp (the “Company”) that, to my knowledge, (a) the Quarterly Report of theCompany on Form 10-QSB for the period ended June 30, 2006 fully complies withthe requirements of Section 13(a) and 15(a) of the Securities Exchange Act of1934 and (b) that the information contained in such report fairly presents, inall material respects, the financial condition of the Company at the end ofsuch period and the results of operations of the Company for such period.

 
| Date:  | August 11, 2006                                      |   | /s/ Viktor R. Uehlinger |   |   |
|--------|------------------------------------------------------|--------|-------------------------|--------|--------|
|   | Viktor R. Uehlinger                                  |   |
|   | Executive Vice President and Chief Financial Officer |   |

 

A signed originalof this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to Premier Commercial Bancorp, and will beretained by Premier Commercial Bancorp and furnished to the Securities andExchange Commission or its staff upon request.

 

----
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.                  

###### Environmental Protection Agency

          - [Docket # EPA-RO4-SFUND-2009-0434, FRL-8925-1]

# AGENCY:

Environmental Protection Agency.

# ACTION:

Notice of settlements.

# SUMMARY:

Under Section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into five settlements for reimbursement of past response costs concerning the Davis Refining Superfund Site located in Tallahassee, Leon County, Florida for publication.

# DATES:

The Agency will consider public comments on the settlements until August 3, 2009. The Agency will consider all comments received and may modify or withdraw its consent to the settlements if comments received disclose facts or considerations which indicate that the settlements are inappropriate, improper, or inadequate.

# ADDRESSES:

Copies of the settlements are available from Ms. Paula V. Painter. Submit your comments, identified by Docket ID No. EPA-R04-SFUND-2009-0434 or Site name Davis Refining Superfund Site by one of the following methods:

*www.regulations.gov:*                         Follow the on-line instructions for submitting comments.                    

*http://www.epa.gov/​region4/​waste/​sf/​enforce.htm.*

*E-mail:**Painter.Paula@epa.gov.*

# FOR FURTHER INFORMATION CONTACT:

Paula V. Painter at 404-562-8887.

Dated: June 15, 2009.

Anita L. Davis,

Chief, Superfund Enforcement & Information Management Branch, Superfund Division.

[FR Doc. E9-15535 Filed 7-1-09; 8:45 am]

BILLING CODE 6560-50-M
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-END>                               DEC-28-1996
<CASH>                                      82,634,000
<SECURITIES>                                         0
<RECEIVABLES>                              212,558,000
<ALLOWANCES>                                 2,806,000
<INVENTORY>                                 74,491,000
<CURRENT-ASSETS>                           397,454,000
<PP&E>                                     292,234,000
<DEPRECIATION>                             158,396,000
<TOTAL-ASSETS>                             612,009,000
<CURRENT-LIABILITIES>                      214,026,000
<BONDS>                                     16,503,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       342,000
<OTHER-SE>                                 374,467,000
<TOTAL-LIABILITY-AND-EQUITY>               612,009,000
<SALES>                                    414,418,000
<TOTAL-REVENUES>                           595,362,000
<CGS>                                      197,702,000
<TOTAL-COSTS>                              337,685,000
<OTHER-EXPENSES>                           244,802,000
<LOSS-PROVISION>                               317,000
<INTEREST-EXPENSE>                           2,845,000
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                 2,905,000
<INCOME-CONTINUING>                          7,771,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 7,771,000
<EPS-PRIMARY>                                     0.23
<EPS-DILUTED>                                     0.23
        

</TABLE>
**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**




In
      connection with the Quarterly Report of Legacy Reserves LP (the “Partnership”)
      on Form 10-Q for the quarter ended September 30, 2007 as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), each
      of the undersigned hereby certifies, in his capacity as an officer of Legacy
      Reserves GP, LLC (the Company”), the general partner of the Partnership,
      pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley
      Act of 2002, that, to his knowledge:




(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
      Partnership.






/s/
                Cary D.
                Brown
            
            
            /s/
                Steven H.
                PruettCary
                D.
                Brown
            
            
            Steven
                H.
                PruettChief
                Executive Officer
              
              November 9,
                2007
            
            
            President,
                Chief Financial Officer and
              Secretary
              November 9,
                2007






A
        signed
        original of this written statement required by Section 906 has been
        provided to the Company and will be retained by the Company and furnished
        to the
        Securities and Exchange Commission or its staff upon request.
  The
        foregoing certification is being furnished to the Securities and Exchange
        Commission as an exhibit to the Report and shall not be considered filed
        as part
        of the Report.
Pursuant to 5 T H C IR . R. 47.5 , the court has determined that this opinionsho uld not * be publishe d an d is not precede nt except und er the limit ed circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 09- 40213 C onfer enc e Cal endar

UN I TE D S TA TE S OF AM ERI CA, P l ai n t i f f

- A pp el l ee

v. ROBERT O LUNA- PUENTE , D e fe nda nt
- Appe l l ant

A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f or t h e S ou t h ern D i st ri ctof T exas U SD C N o. 5: 05- C R

- 2399- 4

B ef ore K IN G , JO L L Y , an d S O U T H W IC K , C i rcui tJu dg es. P E R C U R I A M: * T h e F ederal P u bl i c D efen der app oi n t ed to represent Robe r t o L u n a- P u en t e has m o ve d f

o rl e av e t o w i t hdr aw and has f i l e d a b r i e f

i n a c c o r da nc e w i t h A n d ers v . C a lif o rn ia , 38 6 U
. S. 73 8 ( 19 67 )

. Luna- Puen t e ha s no tf i l e d a r e s po ns e . Our i nde pe nde ntr e vi e w o f t he r e c o r d a nd c o uns e l ’ s b r i e f di s c l o s e s no no nf

r i vo l o us is s u e fo ra p p e a l. A c c o r d i n g ly , co u n s e l’ s m o tio n fo rle a v e to w ith d r a w is GRANTED, c o u n s e l i s e x c u s e d f r o m f u r t h e r r e s p o n s i b i l i t i e s h e r e i n , a nd t he A P P E A L IS D IS M IS S E D
. S ee 5 T H C IR . R. 42. 2. United States Court of App eals Fifth Circuit 

### F I L E D December

15, 2009 Cha rl es R. F ulb ru g e II I Clerk
EXHIBIT 21
**SUBSIDIARIES OF THE REGISTRANT**
The following are the direct and indirect subsidiaries of Sterling Financial Corporation:   Subsidiary State of Incorporation or Organization  Bank of Lancaster County, N.A. (National Banking Association)1 East Main Street  PO Box 0300  Strasburg, PA 17579     Town & Country Leasing, LLC Pennsylvania1097 Commercial Avenue  East Petersburg, PA 17520     Sterling Financial Trust Company Pennsylvania101 North Pointe Boulevard  Lancaster, PA 17601-4133     SterlingCommunity Development Corporation, L.L.C. Pennsylvania101 North Pointe Boulevard  Lancaster, PA 17601     Equipment Finance LLC Pennsylvania118 West Airport Road  Lititz, PA 17543     EFI Holdings, Inc. DelawareWilmington, DE 19803     Bank of Hanover and Trust Company Pennsylvania25 Carlisle Street  Hanover, PA 17371     First National Bank of North East (National Banking Association)14 S. Main Street  North East, Maryland 21901     Pennsylvania State Bank Pennsylvania2148 Market Street  Camp Hill, PA 17011     Delaware Sterling Bank & Trust Company Delaware630 Churchman’s Road, Suite 204  Christiana, DE 19702     Church Capital Management LLC Pennsylvania301 Oxford Valley Road, Suite 801B  Yardley, PA 19067     Bainbridge Securities, Inc. Pennsylvania301 Oxford Valley Road, Suite 801B  Yardley, PA 19067  
 

 
   Subsidiary State of Incorporation or Organization  Corporate Healthcare Strategies, LLC Pennsylvaniad/b/a StoudtAdvisors  101 North Pointe Boulevard  Lancaster, PA 17601     Lancaster Insurance Group, LLC Pennsylvania115 South Centerville Road  Lancaster, PA 17601     Pennbanks Insurance Company SPC Cayman IslandsCells P5 and P8  Grand Cayman, Cayman Island, BWI     HOVB Investment Company Delaware103 Foulk Road, Suite 202  Wilmington, DE 19803     T & C Leasing, Inc. Pennsylvania1097 Commercial Avenue  East Petersburg, PA 17520     Sterling Mortgage Services, Inc. Pennsylvania101 North Point Boulevard  Lancaster, PA 17601-4133     Sterling Financial Statutory Trust I(1) Connecticut101 North Pointe Boulevard  Lancaster, PA 17601     Sterling Financial Statutory Trust II(1) Connecticut101 North Pointe Boulevard  Lancaster, PA 17601     Sterling Financial Statutory Trust III(1) Delaware101 North Pointe Boulevard  Lancaster, PA 17601  
(1) Sterling owns 100% of Trust I, Trust II and III, however they are not included in the consolidated financial statements as per FIN 46
2
#### Ernest Ralph ELLIS, Sr., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 01-5147.

United States Court of Appeals, Federal Circuit.

Oct. 19, 2001.

Before MICHEL, RADER, and GAJARSA, Circuit Judges.

*928RADER, Circuit Judge.

*ORDER*

The United States moves to summarily affirm the Court of Federal Claims’ judgment dismissing Ernest Ralph Ellis, Sr.’s complaint because it was filed beyond the six-year statute of limitations for such actions. Ellis opposes.

Ellis filed a complaint with the Court of Federal Claims on January 25, 2001, seeking either $12 million or $12 billion in damages for an alleged breach of contract due to his discharge from the Navy in 1975. The Court of Federal Claims dismissed the complaint because it was filed beyond the six-year statute of limitations. The Court of Federal Claims also noted that a previous complaint challenging Ellis’s discharge, filed in 1982, was dismissed in 1988 as beyond the statute of limitations. Ellis appealed the dismissal of his 2001 complaint to this court.

In his informal brief in this court, Ellis primarily argues the merits of his complaint. In response to the issue of the timeliness of his complaint, Ellis asserts that he was unaware of his cause of action before he filed suit, even though he filed an action in 1982 regarding the discharge, and that the nature of his injury “was inherently unknowable at the time the cause of action [accrued].”

The United States argues that the Court of Federal Claims’ judgment should be summarily affirmed. We agree. Summary disposition of a case “is appropriate, *inter alia,*when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists.” *Joshua v. United States,*17 F.3d 378, 380 (Fed.Cir.1994). In the present case, it is clear that summary disposition is warranted. Ellis’s complaint is barred by the statute of limitations.

Accordingly,

IT IS ORDERED THAT:

(1) The United States’ motion for summary affirmance is granted.

(2) Each side shall bear its own costs.
@misc{1211106,
  author = {Jaden Pieper and Jesse Frey and Gary Howarth},
  title = {Mission Critical Voice Quality of Experience Probability of Successful Delivery Measurement Methods},
  year = {2023},
  month = {2023-08-01 04:08:00},
  publisher = {Technical Note (NIST TN), National Institute of Standards and Technology, Gaithersburg, MD},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=936828},
  doi = {https://doi.org/10.6028/NIST.TN.2259},
  language = {en},
}
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6303

HERSCHEL JULIUS PERKINS, Plaintiff - Appellant, versus CARLTON DEWBERRY, Sergeant; MICHAEL NEEBE, Deputy; TIMOTHY HONIG, Deputy; ALEXANDRIA SHERIFF'S OFFICE; JAMES H. DUNNING, Sheriff's Office of Alexandria, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-03-1335-1) Submitted: July 6, 2005 Decided: July 28, 2005 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Herschel Julius Perkins, Appellant Pro Se. Jack L. Gould, Fairfax, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Herschel Julius Perkins appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error because, even accepting Perkins’ version of the disputed events, his injuries were de minimis. While the district court did not address Perkins’ mental anguish claim, this claim is meritless because de minimis physical injuries cannot support a claim for mental or emotional injury. See42 U.S.C. § 1997e(e). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
EXHIBIT 10.18

                              AMENDED AND RESTATED
                         NON-NEGOTIABLE PROMISSORY NOTE
                         ------------------------------

US  $658,486.00                              April 1, 1997
                                             Rockville, Maryland


          FOR VALUE RECEIVED, the undersigned hereby promises to pay to the
order of American Insured Mortgage Investors L.P. - Series 88, a Delaware
limited partnership (the "Partnership"), the principal sum of Six Hundred Fifty
Eight Thousand Four Hundred Eighty Six Dollars and no cents ($658,486.00) plus
interest computed on the basis of a year consisting of 360 days at a rate of
interest equal to seven and one quarter percent (7.25%) per annum.

          This Note is an amendment and restatement of a promissory note dated
April 1, 1994 payable to the order of the Partnership by the undersigned in the
amount of $478,612.00.

          This Note is payable upon demand.  Payment shall be made in legal
tender of the United States at the offices of the Partnership, c/o C.R.I., Inc.,
The CRI Building, 11200 Rockville Pike, Rockville, Maryland  20852.

          Accrued interest only on the outstanding principal amount shall be
payable on the fifteenth day of each month commencing on April 15, 1997 provided
that Integrated Funding, Inc. has received on a timely basis the interest
payment due from the Government National Mortgage Association on GNMA Pool
Number 280640 in the face amount of $1,936,724.42 as of the date hereof.

          If any payment of principal or interest on this Note is due on a
Saturday, Sunday or legal holiday under the laws of Maryland, such payment shall
be made on the next succeeding business day.  The Note may be prepaid at any
time, without penalty.

          The undersigned hereby waives presentment, demand for payment, notice
of dishonor, notice of protest, and all other notices on demand in connection
with the delivery acceptance, performance, default and endorsement of this Note.

                              AMERICAN INSURED MORTGAGE
                              INVESTORS L.P. - SERIES 86

                              By:  CRIIMI, Inc., its
                                   General Partner



                              By:  /s/ Cynthia O. Azzara
                                   -----------------------------
                                   Cynthia O. Azzara
                                   Sr. Vice President/Chief
                                     Financial Officer<PAGE>