alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 2357** 

COMMONWEALTH OF VIRGINIA , Plaintiff

- Appellee ,

v.
SIMON BANKS , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern Distric t of Virginia , at Alexandria

. James C. Cacheris , Senior District Judge. ( 1:04

- po - 00248

- JCC

- 1 )

Submitted : March 16, 2010 Decided: March 19, 2010

Before NIEMEYER, MOTZ, and DAVIS , Circuit Judges.

Dismissed by un published per curiam opinion

.

S imon Banks, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Simon Banks seeks to appeal the district court’s order denying his motion for ECF Authority Through Pacer. This court may exercise jurisdiction o nly over final orders, 28 U.S.C.
§ 1291 (200 6 ), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (200 6 ); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order
Banks seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. 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
OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTtN

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**Exhibit 23.3****Consent of Independent Auditors**          We consent to the incorporation by reference in Registration Statement Nos. 2-90847, 33-33620,333-56904, 333-66698, 333-106852 and 333-142132 on Form S-8 of Westmoreland Coal Company andsubsidiaries of our report dated March 10, 2006, relating to the financial statements ofWestmoreland—LG&E Partners as of December 31, 2005 and for the year then ended, included in thisAnnual Report on Form 10-K of Westmoreland Coal Company for the year ended December 31, 2007./s/ Deloitte & Touche LLP
No. 1040.

#### Green *v.*Oklahoma.

June 10, 1946.

*F. E. Riddle*for petitioner.

Petition for writ of certiorari to the Criminal Court of Appeals of Oklahoma denied.
IV 

108TH CONGRESS 

1ST SESSION H. RES. 273

Expressing the sense of the House of Representatives that the United States 

Postal Service should issue a postage stamp commemorating Anne Frank. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2003

Mr. ISRAEL (for himself, Mr. WOLF, Ms. WATSON, Mr. WEINER, Mrs. 

MALONEY, Mr. MCDERMOTT, Mr. EVANS, Mr. CASE, Mr. FROST, Mr. 

BERMAN, Mr. MCNULTY, Mr. FALEOMAVAEGA, Mr. WEXLER, Ms. GINNY

BROWN-WAITE of Florida, Mr. SNYDER, and Mr. BELL) submitted the 

following resolution; which was referred to the Committee on Government 

Reform 

RESOLUTION

Expressing the sense of the House of Representatives that 

the United States Postal Service should issue a postage 

stamp commemorating Anne Frank.

Whereas Anne Frank was born on June 12, 1929, in Frankfurt, Germany to a German-Jewish family; 

Whereas Anne Frank and her family fled Nazi persecution of 

Jews in Germany and sought safety by moving to Amsterdam, the Netherlands; 

Whereas subsequent Nazi occupation of the Netherlands 

forced the Frank family to go into hiding in an annex located above the office of Anne’s father; 
2

•HRES 273 IH 

Whereas Anne Frank and her family spent 25 months in hiding, during which time Anne Frank kept a diary of her 

life and experiences; 

Whereas Anne Frank and her family were eventually betrayed to the Nazis; 

Whereas Anne Frank died in March 1945 in the Bergen-Belsen Nazi concentration camp; 

Whereas Anne Frank was one of approximately 1,500,000 

Jewish children who died at the hands of the Nazis during World War II; 

Whereas Anne Frank’s diary, published by her father after 

the end of the war, has become one of the most widelyread memoirs of the Holocaust; 

Whereas ‘‘The Diary of Anne Frank’’ has been translated 

into more than 67 languages and has sold more than 31 

million copies worldwide; 

Whereas ‘‘The Diary of Anne Frank’’ is the first educational 

encounter with the Holocaust for many American students; 

Whereas the story of Anne Frank has been repeatedly portrayed in motion pictures and theatrical productions; 

Whereas millions of Americans have come to identify with 

Anne Frank and she has become an inspiration to children of all faiths; 

Whereas Anne Frank is thought of as a representative of 

children throughout the world who find themselves in situations of war, subjugation, and oppression; 

Whereas Anne Frank represents the victims of the Holocaust 

and serves as an enduring symbol of bravery, hope, and 

tolerance in the face of harsh and brutal conditions; 
3

•HRES 273 IH 

Whereas ‘‘The Diary of Anne Frank’’ has proven beneficial 

in assisting young people in dealing with issues of discrimination, bigotry, and hate crimes; and 

Whereas Anne Frank would have been 75 years old in 2004: 

Now, therefore, be it

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

3 (1) the United States Postal Service should 

4 issue a postage stamp commemorating Anne Frank; 

5 and 

6 (2) the Citizens’ Stamp Advisory Committee 

7 should recommend to the Postmaster General that 

8 such a stamp be issued.

Æ
Exhibit 21

SUBSIDIARIES

OF

VAIL RESORTS, INC.

 

**                     Name                      **State of Incorporation **          Trade Names           
Avon Partners II Limited Liability Company 
Colorado  
Beaver Creek Associates, Inc. 
Colorado  
Beaver Creek Consultants, Inc. 
Colorado  
Beaver Creek Food Services, Inc. 
Colorado 
"Beaver Creek Mountain Dining Company"
Boulder/Beaver, LLC 
Colorado  
Breckenridge Resort Properties, Inc. 
Colorado  
Breckenridge Terrace, LLC 
Colorado  
Colter Bay Corporation 
Wyoming  
Complete Telecommunications, Inc. 
Colorado 
"VR Telecommunications, Inc."
Eagle Park Reservoir Company 
Colorado  
Forest Ridge Holdings, Inc. 
Colorado  
GHTV, Inc. 
Delaware  
Gillett Broadcasting, Inc. 
Delaware  
Grand Teton Lodge Company 
Wyoming  
Gros Ventre Utility Company 
Wyoming  
Heavenly Valley, Limited Partnership 
Nevada 
"Heavenly Ski Resort"
Jackson Hole Golf and Tennis Club, Inc. 
Wyoming  
Jackson Lake Lodge Corporation 
Wyoming  
Jenny Lake Lodge, Inc. 
Wyoming  
JHL&S LLC 
Wyoming 
"Snake River Lodge and Spa"
Keystone Conference Services, Inc. 
Colorado  
Keystone Development Sales, Inc. 
Colorado  
Keystone Food and Beverage Company 
Colorado  
Keystone Resort Property Management Company 
Colorado  
Keystone/Intrawest, LLC 
Colorado  
Larkspur Restaurant & Bar, LLC 
Colorado  
Lodge Properties, Inc. 
Colorado 
"The Lodge at Vail"
Lodge Realty, Inc. 
Colorado  
Mountain Thunder, Inc. 
Colorado  
Property Management Acquisition Corp., Inc. 
Tennessee  
RTP, LLC 
Colorado  
Rockresorts Casa Madrona, LLC 
Delaware  
Rockresorts Cheeca, LLC 
Delaware  
Rockresorts Equinox, Inc. 
Vermont  
Rockresorts International, LLC 
Delaware  
Rockresorts LaPosada, LLC 
Delaware  
Rockresorts Rosario, LLC 
Delaware  
Rockresorts Wyoming, LLC 
Wyoming  
Rockresorts, LLC 
Delaware  
RT Partners, Inc. 
Delaware  
Slifer Smith & Frampton/Vail Associates Real Estate, LLC 
Colorado  
SSI Venture, LLC 
Colorado 
"Specialty Sports Venture LLC" and "Specialty Sports Network"
Tenderfoot Seasonal Housing, LLC 
Colorado  
Teton Hospitality Services, Inc. 
Wyoming  
Timber Trail, Inc. 
Colorado  
The Vail Corporation 
Colorado 
"Vail Associates, Inc." and "Vail Resorts Management Company"
The Village at Breckenridge Acquisition Corp., Inc. 
Tennessee  
VA Rancho Mirage I, Inc. 
Colorado  
VA Rancho Mirage II, Inc. 
Colorado  
VA Rancho Mirage Resort, L.P. 
Delaware  
Vail Associates Holdings, Ltd. 
Colorado  
Vail Associates Investments, Inc. 
Colorado  
Vail Associates Real Estate, Inc. 
Colorado  
Vail Food Services, Inc. 
Colorado 
"Vail Mountain Dining Company"
Vail Holdings, Inc. 
Colorado  
Vail Resorts Development Company 
Colorado  
Vail RR, Inc. 
Colorado  
Vail Summit Resorts, Inc. 
Colorado 
"Breckenridge Ski Resort, Inc." and "Keystone Resort, Inc." and "Ralston Resorts, Inc."
Vail Trademarks, Inc. 
Colorado  
Vail/Arrowhead, Inc. 
Colorado  
Vail/Beaver Creek Resort Properties, Inc. 
Colorado  
VAMHC, Inc. 
Colorado  
VR Heavenly I, Inc. 
Delaware  
VR Heavenly II, Inc. 
Delaware  
VR Holdings, Inc. 
Colorado  ******
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-7295
MONROE ROOSEVELT PARKER, JR., Petitioner - Appellant, versus RONALD J. ANGELONE, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. John A. MacKenzie, Senior District Judge. (CA-94-949) Submitted: February 7, 1996 Decided: February 22, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Monroe Roosevelt Parker, Jr., Appellant Pro Se. Linwood Theodore Wells, Jr., Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewedthe record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny Appellant's motion for oral argument, deny a certificate of probable cause to appeal and dismiss the appeal on the reasoning of the district court. Parker v. Angelone , No. CA-94- 949 (E.D. Va. Aug. 1 1995). We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Exhibit 12


WILLAMETTE INDUSTRIES, INC. AND SUBSIDIARIES
COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
(DOLLAR AMOUNTS IN THOUSANDS)



                                  Year Ended December 31,
                       ------------------------------------------------
                         1993      1994      1995     1996        1997
                       -------   -------   -------  --------   --------
Fixed Charges:
  Interest Cost        $79,194   $80,807   $77,237  $103,338   $136,929
  One-third rent         4,819     5,227     5,976     6,906      7,535
                       -------   -------   -------   -------   --------
Total Fixed Charges     84,013    86,034    83,213   110,244    144,464
                       =======   =======   =======   =======   ========

Add (Deduct):
  Earnings before
  Income Taxes         189,168   288,923   823,804   306,086    111,263
  Interest Capitalized (15,904)   (9,294)   (6,187)  (10,534)   (19,939)
                      --------  --------  --------  --------   --------
Earnings for
Fixed Charges         $257,277  $365,663  $900,830  $405,796   $235,788
                      ========  ========  ========  ========   ========

Ratio of Earnings to
  Fixed Charges           3.06      4.25     10.83      3.68       1.63
                       =======   =======   =======   =======    =======
Exhibit 31.2

CERTIFICATION

I,
Michael C. Keefe, certify that:

1.     I
have reviewed this quarterly report on Form 10-Q/A of International Fight League, 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 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 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:



5.     The
registrant's other certifying officer 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):



Date:
December 6, 2007

| |  | /s/ Michael C. KeefeMichael C. Keefe
Executive Vice President
(Acting Principal Financial Officer)
| |  | --------------------------------------------------------------------------------------------------

---



QuickLinks
EXHIBIT 10.37

                                      NOTE
Lexington, North Carolina
April 30, 2000

$110,000

     FOR VALUE RECEIVED,  the undersigned  promises to pay to the order of Ernst
B. Kemm,  on the  thirteenth  month from all current  dates,  the balance of the
principal  outstanding of up to the sum of One Hundred and Ten Thousand Dollars,
($110,000). with interest from date at the the rate of 1 1/2% above prime (prime
as used in this note shall be the prime as established by Lexington State Bank).
Interest shall be payable monthly beginning June 1, 2000.

     This note shall be secured by a pledge of the  inventory  and machinery and
equipment  of  Wellington  Hall,  Limited  (subject  to a  prior  pledge  of the
machinery  and  equipment  to  the  Lexington  State  Bank  and  subject  to and
subordinate  to any loans made by Wellington  Hall,  Limited,  with liens on the
inventory,  equipment,  and machinery  pledged by the undersigned to any outside
lender.)

     Upon default in the  performance  of any provision of this note, the holder
may elect to declare that all of the unpaid  principal and all accrued  interest
thereon to become due and collectible on the last day of the thirteen month from
the date of notice.

     The makers, sureties,  endorsers, or guarantors of this note and all others
that may become liable for all or any part thereof, jointly and severally:

          (1)  Waive presentment for payment, demand, protest, notice or protest
               and notice of dishonor:

          (2)  Agree that their respective  liabilities  shall not be diminished
               or  affected by any  extension  of time for payment of all or any
               part of the principal or interest  hereof or for the  performance
               of any  obligation  under this  note,  or by any change by way of
               release,  surrender or  substitution  of any collateral  securing
               this note.

          (3)  Waive  any  notice  of  consent  with  reference  to  any  of the
               foregoing.

     Signed  and sealed at  Lexington,  North  Carolina,  this 30th day of April
2000.

WELLINGTON HALL, LIMITED


ATTEST:                                 BY_______________________
                                                President

_____________________________
               Secretary
EX-10.8



 Exhibit 10.8 
 Amendment No. 2 
 to the 

Amended and Restated License Agreement 
 This Amendment (“Amendment”) is entered into as of January 14, 2006 (“Effective Date”) between Clinical Micro Sensors, Inc., with offices at 757 S. Raymond Avenue, Pasadena, CA
91105 (“Licensee”) and President and Fellows of Harvard College, with offices at 124 Mt. Auburn Streets, Suite 410 South, Cambridge, MA 02138 (“Harvard”) 
 WHEREAS, Harvard and Licensee are parties to an Amended and Restated License Agreement effective as of July 14, 1997 (“Agreement”) which was amended on June 7, 2005 in Amendment
No. 1 to the Amended and Restated License Agreement; and 
 WHEREAS, Harvard and Licensee desire to further extend
the time period for Licensee to demonstrate that a commercial sale of a device based on the Patent Rights has occurred; and 

WHEREAS, Section 10.2 of the Agreement requires that all modifications to the Agreement be in writing and signed by each
party. 
 NOW, THEREFORE, in consideration of the promises and mutual obligations contained herein and for other good and
valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, Harvard and Licensee agree as follows: 
  

	 A.
	   TERMS 


   Except as set forth herein, all capitalized terms not defined herein shall have the meanings given to them in the Agreement. 

 

	 B.
	   AGREEMENT MODIFICATIONS 



  Harvard and Licensee agree that the following sections of the Agreement are hereby modified to state as
follows: 
   “4.2(d)(iii)(3) By April 14, 2006, LICENSEE shall provide HARVARD with
documentation of the commercial sale of at least   one device or service based on PATENT RIGHTS.” 
  

	 C.
	   RATIFICATION 


   Except as specifically stated in this Amendment, the Agreement is, in all other respects, ratified, confirmed and continues in full   force and effect. 

IN WITNESS WHEREOF, the parties have entered into this Amendment as of the Effective Date first written above. 

 

					
	 Clinical Micro Sensors, Inc.
	 	 President and Fellows of Harvard College

			
	 Signed: /s/ Bruce A. Huebner
	 	 Signed: /s/ [illegible]
	 	
			
	 Title: President
	 	 Title: Assoc. Provost
	 	
			
	 Date: 1-20-2006
	 	 Date: 1-20-2006
	 	


  
 1
* Pursuant to 5 TH C IR . 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 5 TH C IR . 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 exceptionNo. 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.
<TABLE> <S> <C>

<ARTICLE>                        5
<MULTIPLIER>                     1000
       
<S>                              <C>
<PERIOD-TYPE>                    12-MOS
<FISCAL-YEAR-END>                OCT-31-1998
<PERIOD-END>                     OCT-31-1998
<CASH>                           668
<SECURITIES>                     0
<RECEIVABLES>                    1109
<ALLOWANCES>                     35
<INVENTORY>                      0
<CURRENT-ASSETS>                 1848
<PP&E>                           2075
<DEPRECIATION>                   1178
<TOTAL-ASSETS>                   2745
<CURRENT-LIABILITIES>            1202
<BONDS>                          0
<PREFERRED-MANDATORY>            0
<PREFERRED>                      0
<COMMON>                         1628
<OTHER-SE>                       (177)
<TOTAL-LIABILITY-AND-EQUITY>     2745
<SALES>                          7584
<TOTAL-REVENUES>                 7584
<CGS>                            7229
<TOTAL-COSTS>                    7229
<OTHER-EXPENSES>                 0
<LOSS-PROVISION>                 0
<INTEREST-EXPENSE>               48
<INCOME-PRETAX>                  307
<INCOME-TAX>                     0
<INCOME-CONTINUING>              307
<DISCONTINUED>                   0
<EXTRAORDINARY>                  0
<CHANGES>                        0
<NET-INCOME>                     307
<EPS-PRIMARY>                    .08
<EPS-DILUTED>                    .07
        

</TABLE>
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors and Shareholders 

Winn-Dixie Stores, Inc.: 

We consent to theincorporation by reference in the registration statement Nos. 333-139630, 333-147417, 333-156041 and 333-162867, on Form S-8 of Winn-Dixie Stores, Inc. of our reports dated August 30, 2010, with respect to the consolidated balance sheets ofWinn-Dixie Stores, Inc. and subsidiaries (the Company) as of June 30, 2010 and June 24, 2009, and the related consolidated statements of operations, shareholders’ equity, and cash flows for each of the years in the three-year periodended June 30, 2010, and the related financial statement schedule II, and the effectiveness of internal control over financial reporting as of June 30, 2010, which reports appears in the June 30, 2010, Annual Report on Form 10-K ofWinn-Dixie Stores, Inc. 

Our report on the consolidated financial statements refers to the adoption of ASC Topic 805, “BusinessCombinations” in 2010. 

KPMG LLP 

Jacksonville, Florida 

Certified PublicAccountants 

August 30, 2010