alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IV 

108TH CONGRESS 

1ST SESSION H. RES. 182

Commending Private First Class Jessica Lynch, United States Army, the 

special operations forces who on April 1, 2003, rescued her from captivity 

by Iraqi forces, and all United States and coalition forces in Iraq. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2003

Mrs. CAPITO submitted the following resolution; which was referred to the 

Committee on Armed Services, and in addition to the Committee on 

International Relations, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

RESOLUTION

Commending Private First Class Jessica Lynch, United 

States Army, the special operations forces who on April 

1, 2003, rescued her from captivity by Iraqi forces, and 

all United States and coalition forces in Iraq.

Whereas on March 23, 2003, near An Nasiriyah, Iraq, members of the 507th Ordnance Maintenance Company of the 

United States Army, stationed at Fort Bliss, Texas, were 

ambushed by Iraqi forces, leaving two members of the 

unit killed, five taken as prisoners of war, and eight, including Private First Class Jessica Lynch of Palestine, 

West Virginia, missing; 
2

•HRES 182 IH 

Whereas on April 1, 2003, special operations forces of the 

United States Armed Forces rescued Private First Class 

Lynch from captivity at the Saddam Hospital in An 

Nasiriyah, Iraq; 

Whereas Private First Class Lynch, exemplifying the finest 

standards of excellence in American military service, survived for nine days through courage and skill while held 

by Iraqi forces; and 

Whereas the rescue operation was the result of a massive effort of helicopter-borne special operations personnel and 

other members of the Armed Forces: Now, therefore, be 

it

1 Resolved, That it is the sense of the House of Rep2 resentatives that—

3 (1) Private First Class Jessica Lynch, United 

4 States Army, and all members of United States and 

5 coalition forces participating in Operation Iraqi 

6 Freedom deserve the respect and admiration of all 

7 Americans for their exemplary service in life-threat8 ening circumstances; 

9 (2) the happiness and relief felt by the family 

10 and friends of Private First Class Lynch as a result 

11 of her rescue by United States special operations 

12 forces on April 1, 2003, is shared by the House of 

13 Representatives and all Americans; 

14 (3) all members of the Armed Forces involved 

15 in the operation to rescue Private First Class Lynch, 

16 including Army Rangers, Air Force pilots and com-
3

•HRES 182 IH 

1 bat controllers, United States Marines, and Navy 

2 SEALs, and in particular those special operations 

3 personnel directly involved in the rescue, are to be 

4 commended for their heroic actions and their com5 mitment to leave no comrade behind; and 

6 (4) the thoughts and prayers of the House of 

7 Representatives are with the families and members 

8 of the Armed Forces who are still missing or held 

9 as prisoners of war in Iraq.

Æ
#### PANELLA v. BALTIMORE & O. R. CO.

Civ. No. 28088.

United States District Court N. D. Ohio, E. D.

Dec. 5, 1951.

Elmer I. Schwartz, Cleveland, Ohio, for plaintiff.

T. Lamar Jackson, C. Kenneth Clark, Youngstown, Ohio, for defendant.

JONES, Chief Judge.

This is a motion for discovery under Fed. Rules Civ.Proc. rule 34, 28 U.S.C.A. Plaintiff requests an order for production of the following documents: (1) “any and all written statements of witnesses to the accident”, and (2) “any and all written reports of or pertaining to said occurrence”.

Defendant opposes the motion on the ground that it is vexatious, and on the further ground that the requested documents are privileged under the law of Ohio which law it claims applies.

*197Privilege is a matter of procedure “like most other aspects of the law of evidence”. Moore’s Fed. Practice, 2d Ed., Sec. 26.23(8). The federal courts, therefore, are free to follow their own interpretation of the concept.

The federal rule denies privilege for ordinary statements of witnesses not taken directly by an attorney. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385, 91 L. Ed. 451; Atlantic Greyhound Corp. v. Lauritzen, 6 Cir., 182 F.2d 540; Moore’s Federal Practice, Id. It also denies privilege for reports of employees or agents made in the regular course of business. It is clear, therefore, that defendant’s present objection on the ground of privilege can not be sustained.

The requirements of Rule 34 in all other respects also have been met. Good cause has been shown, Cannon v. Aetna Freight Lines, Inc., D.C., 11 F.R.D. 93, and the requested documents contain information relevant to the subject matter of the action.

Plaintiff is entitled to favorable action on the motion.

Motion granted.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-40757

Conference Calendar

 

GEORGE BENJAMIN ROBINSON,

Plaintiff-Appellant,

versus

JERRY SCHILLING; DAVID GNUSCHKE; DOUG KAZ; GERARDI; J. 

HADWIN; ALEX PERREZ,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. C-00-CV-238

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

February 19, 2003

Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.

PER CURIAM:*

 George Benjamin Robinson, federal prisoner #16831-034,

appeals the district court’s dismissal without prejudice of his

claims under Bivens v. Six Unknown Named Agents of Fed. Bureau of

Narcotics, 403 U.S. 388 (1971), following this court’s remand of

Robinson’s equal protection claims for further consideration. 

Robinson’s motion for records and sanctions is DENIED. 
No. 02-40757 

-2-

Robinson contends that the district court erred in

dismissing his equal protection claims for failure to exhaust

administrative remedies. Robinson claims to have filed

administrative grievances on May 8, 1999, June 20, 1999, and

August 3, 1999; however, those grievances could not have related

to Robinson’s equal protection claims, which arose from the

termination of his prison job on or about May 2000. Robinson’s

vague and conclusional assertion that on some other unspecified

date he filed administrative grievances is clearly insufficient

to allege exhaustion. And Robinson’s allegations regarding his

filing of an August 7, 1999, grievance with the Deputy Attorney

General and a September 12, 1999, claim under the Federal Tort

Claims Act do not allege compliance with the official

administrative grievance process. See 28 C.F.R. § 542.10 et.

seq. Robinson has thus failed to allege with sufficient

specificity that he exhausted his administrative remedies with

respect to his equal protection claims. See Underwood v. Wilson,

151 F.3d 292, 296 (5th Cir. 1998). 

To the extent that Robinson is suggesting that he was not

required to exhaust his administrative remedies because the

grievances he did file were ignored, his argument is without

merit. A prisoner must exhaust all available administrative

remedies, regardless of whether those remedies meet federal

standards or are plain, speedy, or effective. See Porter v.

Nussle, 534 U.S. 516, 524 (2002). There is no futility exception
No. 02-40757 

-3-

to the exhaustion requirement. See Booth v. Churner, 532 U.S.

731, 741 n.6. (2001). 

Finally, Robinson’s assertions that he suffered continuing

retaliation after he was rehired to his prison job in December

2000 and that his legal papers were unconstitutionally

confiscated in January 2002 are beyond the scope of this court’s

remand order and thus will not be considered. See Burroughs v.

FFP Operating Partners, 70 F.3d 31, 33 (5th Cir. 1995). The

judgment of the district court is AFFIRMED.

AFFIRMED; MOTION DENIED.
#### Paul Mulcaire et al., Respondents, v Buffalo Structural Steel Construction Corp., Defendant and Ciminelli-Cowper Co., Inc., et al. Appellants.

[853 NYS2d 519]

Present-Hurlbutt, J.P., Martoche, Smith, Lunn and Peradotto, JJ.
No. 629.

#### Perlstein *v.*Hiatt, Warden.

June 10, 1946.

Petitioner *pro se.*

*Solicitor General McGrath*and *Robert S. Erdahl*for respondent.

*Per Curiam:*

It appearing that the case is moot, the writ of certiorari is dismissed.
#### UNITED STATES of America, Plaintiff-Appellee, v. Dominique Just FIELDS, a.k.a. Dominique Fields, Defendant-Appellant.

No. 11-13645

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Jan. 10, 2013.

Peggy Morris Ronca, Tanya Davis Wilson, U.S. Attorney’s Office, Orlando, FL, Robert E. O’Neill, U.S. Attorney’s Office, Tampa, FL, for Plaintiff-Appellee.

Robert Godfrey, Stephen John Langs, Rosemary Cakmis, Donna Lee Elm, Federal Public Defender’s Office, Orlando, FL, Dominique Just Fields, USP Big Sandy, Inez, KY, for Defendant-Appellant.

Before MARCUS, MARTIN and KRAVITCH, Circuit Judges.

PER CURIAM:

Robert Godfrey, appointed counsel for Dominique Fields in this direct criminal appeal, has moved to withdraw from further representation of the appellant, and filed a brief pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED, and Fields’s convictions and sentences are AFFIRMED.
# 18SNR01_00

# image1.png
Exhibit 21

SUBSIDIARIES OF THE REGISTRANT

The following table sets forth, at
February 24, 2010, the Registrants significant operating subsidiaries and other associated companies and their respective incorporation jurisdictions. The Registrant owns 100% of the voting securities of each of the subsidiaries listed
below unless noted otherwise. There are no subsidiaries not listed in the table, which would, in the aggregate, be considered significant.



|                                    |  |                        |  | 
|----------------------------------- |  | ---------------------- |  | 
|Active Subsidiaries                 |  | State of Incorporation |  | 
|Air Systems Distributors LLC        |  | Delaware               |  | 
|Atlantic Service & Supply LLC       |  | Delaware               |  | 
|Baker Distributing Company LLC      |  | Delaware               |  | 
|Carrier Enterprise, LLC*            |  | Delaware               |  | 
|East Coast Metal Distributors LLC   |  | Delaware               |  | 
|Gemaire Distributors LLC            |  | Delaware               |  | 
|Heating & Cooling Supply LLC        |  | California             |  | 
|Tradewinds Distributing Company LLC |  | Delaware               |  | 
|Watsco Holdings, Inc.               |  | Delaware               |  | 
|Watsco Holdings II, Inc.            |  | Delaware               |  | 



|* | 60% owned
|- | ---------
#### UNITED STATES of America, Plaintiff-Appellee, v. Jeremy MOUZON, a/k/a Ferris Earl Scott Green, Defendant-Appellant.

No. 12-7818.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 20, 2012.

Decided: Dec. 27, 2012.

Jeremy Mouzon, Appellant Pro Se. Alston Calhoun Badger, Jr., Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jeremy Mouzon seeks to appeal his sentence for carjacking, using and carrying a firearm during and in relation to a crime of violence, and possession of a firearm by a convicted felon. Mouzon was sentenced in 2005 to a term of 360 months’ imprisonment. On direct appeal, this court affirmed Mouzon’s convictions and sentence. *United States v. Mouzon,*178 Fed.Appx.

*270193 (4th Cir.2006). In October 2012, Mouzon filed another notice of appeal of the criminal judgment. However, because we have previously affirmed this criminal judgment, we dismiss the appeal as dupli-cative and untimely. 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.

*DISMISSED.*
Exhibit 23.01Consent of Ernst & Young LLP, Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the Registration Statements (Form S-3 Nos.333-110160, 333-101174 and 333-123895 and Form S-8 Nos. 333-114953, 333-69552, and333-55886) of AtheroGenics, Inc., of our reports dated February 29, 2008, with respect to thefinancial statements of AtheroGenics, Inc., and the effectiveness of internal control overfinancial reporting of AtheroGenics, Inc. included in this Annual Report (Form 10-K) for the yearended December 31, 2007./s/ Ernst & Young LLPAtlanta, Georgia
##### 



Power of Attorney  Reports Under the Securities Exchange Act of 1934
   /s/ Donald E. Graham
    
    /s/ Melinda French GatesDonald E. Graham, Chairman of the
Board and Chief Executive Officer
(Principal Executive Officer)
and Director
    
    Melinda French Gates, Director/s/ John B. Morse, Jr.
    
    /s/ George J. Gillespie, IIIJohn B. Morse, Jr., Vice President-
Finance (Principal Financial and
Accounting Officer)
    
    George J. Gillespie, III, Director/s/ Warren E. Buffett
    
    /s/ Ronald L. OlsonWarren E. Buffett, Director
    
    Ronald L. Olson, Director/s/ Christopher C. Davis
    
    /s/ Alice M. RivlinChristopher C. Davis, Director
    
    Alice M. Rivlin, Director/s/ Barry Diller
    
    /s/ Richard D. SimmonsBarry Diller, Director
    
    Richard D. Simmons, Director/s/ John L. Dotson Jr.
    
    /s/ George W. WilsonJohn L. Dotson Jr., Director
    
    George W. Wilson, Director
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 83 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 83

To amend the Immigration and Nationality Act with respect to the record 
  of admission for permanent residence in the case of certain aliens.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2003

   Ms. Jackson-Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act with respect to the record 
  of admission for permanent residence in the case of certain aliens.

    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 ``Date of Registry and Legal Amnesty 
Restoration Act of 2003''.

SEC. 2. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF 
              CERTAIN ALIENS.

    (a) In General.--Section 249 of the Immigration and Nationality Act 
(8 U.S.C. 1259) is amended--
            (1) in subsection (a), by striking ``January 1, 1972'' and 
        inserting ``January 1, 1986''; and
            (2) by striking ``january 1, 1972'' in the heading and 
        inserting ``January 1, 1986''.
    (b) Effective Dates.--
            (1) General rule.--The amendments made by subsection (a) 
        shall take effect on the date of the enactment of this Act.
            (2) Extension of date of registry.--
                    (A) Period beginning january 1, 2004.--Beginning on 
                January 1, 2004, section 249 of the Immigration and 
                Nationality Act (8 U.S.C. 1259) is amended by striking 
                ``January 1, 1986'' each place it appears and inserting 
                ``January 1, 1987''.
                    (B) Period beginning january 1, 2005.--Beginning on 
                January 1, 2005, section 249 of such Act is amended by 
                striking ``January 1, 1987'' each place it appears and 
                inserting ``January 1, 1988''.
                    (C) Period beginning january 1, 2006.--Beginning on 
                January 1, 2006, section 249 of such Act is amended by 
                striking ``January 1, 1988'' each place it appears and 
                inserting ``January 1, 1989''.
                    (D) Period beginning january 1, 2007.--Beginning on 
                January 1, 2007, section 249 of such Act is amended by 
                striking ``January 1, 1989'' each place it appears and 
                inserting ``January 1, 1990''.
                    (E) Period beginning january 1, 2008.--Beginning on 
                January 1, 2008, section 249 of such Act is amended by 
                striking ``January 1, 1990'' each place it appears and 
                inserting ``January 1, 1991''.
                                 <all>
```
Exhibit 31.1

CERTIFICATION





I, William H. Armstrong III, certify that:



1.

I have reviewed this quarterly report on Form 10-Q of Stratus Properties Inc.;

2.

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

3.

Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.

The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b)

Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of  the end of the period covered by this report based on such evaluation; and

(c)

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

5.

The registrants other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

(a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

(b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.

Date:  May 17, 2004







/s/ William H. Armstrong III



William H. Armstrong III

Chairman of the Board, President

and Chief Executive Officer
EXHIBIT 32.1

Co-Registrant (Commission File Number 000-30761):

UbiquiTel Inc.
One West Elm Street
Suite 400
Conshohocken, Pennsylvania 19428

Co-Registrant (Commission File Number 333-39950):

UbiquiTel Operating Company
One West Elm Street
Suite 400
Conshohocken, Pennsylvania 19428

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of UbiquiTel Inc. and UbiquiTel Operating Company on Form 10-K for the year ended
December 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Donald A. Harris, Chief Executive Officer of UbiquiTel Inc. and UbiquiTel
Operating Company, certify, pursuant to 18 U.S.C. Section 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 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 UbiquiTel Inc. and
UbiquiTel Operating Company.

| |  | UBIQUITEL INC.                                                           
| |  | -------------------------------------------------------------------------
| |  | /s/Donald A. HarrisDonald A. Harris
President and Chief Executive Officer
| |  |                                                                          
| |  | UBIQUITEL OPERATING COMPANY                                              
| |  | /s/Donald A. HarrisDonald A. Harris
President and Chief Executive Officer
| |  |                                                                          
| |  | March 15, 2005                                                           

---



QuickLinks
Exhibit 32 Statement Pursuant to 18 U.S.C. § 1350 Pursuant to 18 U.S.C. § 1350, each of the undersigned certifies that this Annual Report on Form 10-K for the year ended December 31, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in this report fairly presents, in all material respects, the financial condition and results of operations of Westmoreland Coal Company.   Dated:
March 12, 2010/s/ Keith E. AlessiKeith E. AlessiChief Executive Officer and President   Dated:
March 12, 2010/s/ Kevin A. PaprzyckiKevin A. PaprzyckiChief Financial Officer  A signed original of this written statement required by Section 906 has been provided to Westmoreland Coal Company and will be retained by Westmoreland Coal Company and furnished to the Securities and Exchange Commission or its staff upon request.   115
# cpsaat19
Fourth Court of Appeals

San Antonio, Texas

October 10, 2016

No. 04-16-00347-CV

ALLSTATE COUNTY MUTUAL INSURANCE COMPANY,

Appellant

v.

Gregorio G. PAREDES Jr.,

Appellee

From the 49th Judicial District Court, Zapata County, Texas

Trial Court No. 9,016

Honorable Jose A. Lopez, Judge Presiding

O R D E R

In this court’s order of August 11, 2016, appellate deadlines in this case were suspended until

September 26, 2016, and the parties were ordered to mediation with Paul Van Osselaer. On

October 4, 2016, parties filed a joint motion requesting that the deadline suspension be extended

until October 27, 2016.

The request is granted. Appellate deadlines in this case are hereby suspended until

October 27, 2016. 

It is so ORDERED on October 10, 2016.

___________________________________

Marialyn Barnard, Justice

 

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 10th day of October, 2016.

__________________________________

 Keith E. Hottle, Clerk

FILE COPY