alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 The Honorable Charles R. Wolle, Chief Judge, United States District Court for the Southern District of Iowa. ___________ No. 95-2058

___________ William H. Whetstine, * * Appellant, * * v. * * Appeal from the United States Walter Saur; Barbara Binnie; * District Court for the Robert A. Jackson; JoAnne C. * Southern District of Iowa. Lawrence; Kittie D. * Weston-Knauer; Sally Chandler * [UNPUBLISHED] Halford; Steven Wolmutt, * * Appellees. *

___________ Submitted: January 30, 1996 Filed: February 21, 1996

___________ Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. William H. Whetstine, an Iowa inmate, appeals the district court's 1 adverse judgment following a bench trial in Whetstine's 42 U.S.C. § 1983 action. We conclude the district court's judgment for defendants was correct, and that an extended discussion is not warranted. Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.-2- A true copy.

Attest:
CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,



AS ADOPTED PURSUANT TO



SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002







In connection with the Quarterly Report of Jewett-Cameron Trading Company Ltd. (the Company) on Form 10-Q for the period ended February 28, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers of the Company does hereby certify, to such officers knowledge, that, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Date:   April 13, 2005                             Signed:  /s/  Donald M. Boone



Donald M. Boone, President/CEO/Treasurer









Date:   April 13, 2005                            Signed:  /s/  Michael C. Nasser



Michael C. Nasser, Corporate Secretary
EXHIBIT 31.2   SECTION 302 CERTIFICATION OF CHIEF FINANCIAL OFFICER

I, William J. Fossen, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Viking Capital Group,
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 quarterly 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 quarterly report;

4.  The  registrant's  other  certifying  officers  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 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 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 controls 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: November 15, 2004


/s/  William J. Fossen.
------------------------------
William J. Fossen
Chief Financial Officer



                                                                              25
#### Marlene Morris, Respondent, v Christopher J. Schepp et al., Appellants.

[852 NYS2d 872]

*1310Present-Hurlbutt, J.P., Martoche, Lunn, Green and Gorski, JJ.
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

In re: Brian K. Melton

No. 06-15-00140-CR

Original Mandamus Proceeding

Opinion delivered by Justice Moseley, Chief 

Justice Morriss and Justice Burgess 

participating.

As stated in the Court’s opinion of this date, we find that Relator’s petition for writ of 

mandamus should be conditionally granted, directing the trial court to vacate the nunc pro tunc 

judgment of conviction entered January 8, 2003. The writ will issue only if the trial court fails to 

comply.

RENDERED OCTOBER 7, 2015

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements Forms S-8 No. 333-87060, 333-36070, 333-26379, 33-77968, and 33-40414 of our reportsdated December 9, 2005, with respect to the consolidated financial statements of Woodhead Industries, Inc., Woodhead Industries, Inc.’s management’s assessment of the effectiveness of internal control over financial reporting and theeffectiveness of internal control over financial reporting of Woodhead Industries, Inc., included in the Annual Report (Form 10-K) for the year ended October 1, 2005. 

 

/s/ ERNST & YOUNG LLP 

----
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.                  

###### International Trade Commission

          - [Investigation Nos. 701-TA-388, 389, and 391 and 731-TA-817, 818, and 821 (Third Review)]

# AGENCY:

U.S. International Trade Commission.

# ACTION:

Correction of notice.

# SUMMARY:

                        Correction is made to the December 20, 2017 hearing day in the                         *Hearing*                         section of the notice which was published on August 10, 2017 (82 FR 37465). The day of the hearing should be Wednesday, December 20, 2017.                    

## Correction

                        In the                         **Federal Register**                         of August 10, 2017, in FR Doc. 17-16893, on page 37466, in the second column, in the fourth paragraph, under the heading                         *Hearing,*                         in the fourth line, correct “Thursday, December 20, 2017” to read “Wednesday, December 20, 2017”.                    

Issued: August 11, 2017.

Lisa R. Barton,

Secretary to the Commission.

[FR Doc. 2017-17370 Filed 8-16-17; 8:45 am]

BILLING CODE P7020-02-P
Exhibit 32.1

 

Written Statement of the Chief Executive Officer and ChiefFinancial OfficerPursuant to 18 U.S.C. Section 1350

Solely for the purposes of complying with 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersignedChief Executive Officer and Chief Financial Officer of WPS Resources Corporation(the "Company"), hereby certify, based on their knowledge, that theAnnual Report on Form 10-K of the Company for the year ended December 31, 2003(the "Report") fully complies with the requirements of Section 13(a)of the Securities Exchange Act of 1934 and that information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

/s/ Larry L. WeyersLarry L. WeyersChairman, President and Chief Executive Officer

/s/ Joseph P. O'Leary  Joseph P. O'LearySenior Vice President and Chief Financial Officer

Date: March 11, 2004

This certification accompanies this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by WPS ResourcesCorporation for purposes of Section 18 of the Securities Exchange Act of 1934,as amended.

A signed original of this written statement required by Section 906 has beenprovided to WPS Resources Corporation and will be retained by WPS ResourcesCorporation and furnished to the Securities and Exchange Commission or its staffupon request.
CERTIFICATE OF AMENDMENT


OF THE


CERTIFICATE OF INCORPORATION


OF


WILSHIRE ENTERPRISES, INC.




Wilshire Enterprises, Inc., a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the “Corporation”),




DOES HEREBY CERTIFY:




FIRST:  That resolutions were duly adopted by the Board of Directors of the Corporation setting forth this proposed Amendment to the Certificate of Incorporation of the Corporation and declaring said Amendment to be advisable and recommended for approval by the stockholders of the Corporation.




SECOND:  As of 12:02 a.m., Eastern time on March 2, 2011 (the “Effective Time”), each one (1) issued and outstanding share of the Corporation’s Common Stock, par value $1.00 per share, shall be converted into five hundred (500) shares of the Corporation’s Common Stock, par value $1.00 per share, as constituted following the Effective Time.




THIRD:  To accomplish the foregoing Amendment to the Certificate of Incorporation of the Corporation, the following paragraph is added immediately after ARTICLE FOURTH, Section 8 of the Certificate of Incorporation of the Corporation:




“Section 9.  Forward Stock Split.  Effective immediately following the effectiveness of the amendment to this Certificate of Incorporation adding Section 8 to ARTICLE FOURTH (this “Amendment”) and without regard to any other provision of this Certificate of Incorporation, each one (1) share Common Stock, either issued or outstanding or held by the Corporation as treasury stock, and any fractional share held by any shareholder who holds in excess of one (1) share immediately prior to the time this Amendment becomes effective shall and is hereby automatically reclassified and changed (without any further act) into five hundred (500) fully-paid and nonassessable shares of Common Stock (or, with respect to fractional shares, such lesser number of shares and fractional shares as may be applicable based upon such 500-for-1 ratio), without increasing or decreasing the amount of stated capital or paid-in surplus of the Corporation, provided that no fractional shares of Common Stock shall be issued.”




FOURTH:  That, pursuant to resolution of its Board of Directors, an annual meeting of the stockholders of the Corporation was duly called and held, upon notice in accordance with Section 222 of the General Corporation Law of the State of Delaware, at which meeting the necessary number of shares as required by applicable law was voted in favor of the Amendment.










FIFTH:  That said Amendment was duly adopted in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware.


-2-




IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment of the Certificate of Incorporation to be executed on this 28th day of February, 2011.




WILSHIRE ENTERPRISES, INC.By:
/s/ S. Wilzig IzakName:
S. Wilzig IzakTitle:
Chairman & CEO
#### John MACMULLIN, Appellant, v. William G. POACH, Jr.; Lynn M. Anderson; Donald Childers; Peter M. Williams; Marion Hubbard; Patricia A. Orozco, Judge; Diane M. Johnsen; G. Murray Snow, Judge; lindsay ellis, Commissioner; Michael D. Hintze, Commissioner, Appellees, and Russell Brown, Trustee.

No. 09-15652.

United States Court of Appeals, Ninth Circuit.

Submitted April 13, 2010.*

Filed April 29, 2010.

John MacMullin, Phoenix, AZ, pro se.

Lawrence D. Hirsch, Deconcini McDonald Yetwin *&*Lacy, PC, Robert R. Hall, Office of the Attorney General, Phoenix, AZ, for Appellees.

Russell Brown, Phoenix, AZ, pro se.

Before: KLEINFELD, TASHIMA and THOMAS, Circuit Judges.

*

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

MEMORANDUM **

John MacMullin appeals from the district court’s affirmance of the bankruptcy court’s order modifying the automatic stay to permit the probate of Sylvia Levering’s Estate to continue and referring all questions relating to the merits of attorney’s fees and costs awarded during probate proceedings to the probate court.

After reviewing the record and the briefs, we affirm for the reasons given by the district court in its decision. As explained in *Marshall v. Marshall,*547 U.S. 293, 126 S.Ct. 1735, 164 L.Ed.2d 480 (2006), the probate exception to bankruptcy jurisdiction applies to claims against the *res*in the custody of the state court and to matters internal to the probate of the will.

We construe MacMullin’s “motion re: record” as a request for judicial notice of records that were not before the bankruptcy court and deny.

AFFIRMED; MOTION DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### James R. MILLS, Claimant-Appellee, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellant.

No. 2007-7113.

United States Court of Appeals, Federal Circuit.

Jan. 10, 2008.

Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

PER CURIAM.

*ORDER*

The Secretary of Veterans Affairs responds to the court’s November 21, 2007 order and requests that the judgment of the United States Court of Appeals for Veterans Claims (CAVC) in *Mills v. Nicholson,*04-0238 be summarily affirmed. James R. Mills has not responded.

The Secretary appealed from the CAVC’s decision, challenging the court’s placement of the burden on the Secretary of establishing that a 38 U.S.C. § 5103(a) notification error was not prejudicial. In *Sanders v. Nicholson,*487 F.3d 881 (Fed. Cir.2007) this court held that any section 5103(a) error should be presumed prejudicial and the Secretary has the burden of rebutting this presumption. *Id.*at 891. Under these circumstances, summary affirmance is appropriate.

Accordingly,

IT IS ORDERED THAT:

(1) The judgment of the CAVC is summarily affirmed. The case is remanded for further proceedings.

(2) Each side shall bear its own costs.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE FORM 10-QSB FOR
OPHTHALMIC IMAGING SYSTEMS FOR THE PERIOD ENDED MAY 3, 1998 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          AUG-31-1998
<PERIOD-END>                               MAY-31-1998
<CASH>                                          81,615
<SECURITIES>                                         0
<RECEIVABLES>                                  963,972
<ALLOWANCES>                                         0
<INVENTORY>                                    879,441
<CURRENT-ASSETS>                             2,017,139
<PP&E>                                       1,303,334
<DEPRECIATION>                               (870,643)
<TOTAL-ASSETS>                               2,468,602
<CURRENT-LIABILITIES>                        3,870,229
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                    10,492,365
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 2,468,602
<SALES>                                      1,377,830
<TOTAL-REVENUES>                             1,377,830
<CGS>                                          889,882
<TOTAL-COSTS>                                  889,882
<OTHER-EXPENSES>                             1,269,878
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,199
<INCOME-PRETAX>                              (797,129)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (797,129)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (797,129)
<EPS-PRIMARY>                                   (0.19)
<EPS-DILUTED>                                        0
        

</TABLE>
#### In re: PHARMACEUTICAL INDUSTRY AVERAGE WHOLESALE PRICE LITIGATION State of Utah v. Actavis US, Inc., et al., D. Utah, State of Utah v. Abbott Laboratories, et al., D. Utah,

C.A. No. 2:07-870

C.A. No. 2:07-899.

MDL No. 1456.

United States Judicial Panel on Multidistrict Litigation.

April 4, 2008.

Before D. LOWELL JENSEN, Acting Chairman, JOHN G. HEYBURN II, Chairman *, J. FREDERICK MOTZ *, ROBERT L. MILLER, Jr., KATHRYN H. VRATIL, DAVID R. HANSEN and ANTHONY J. SCIRICA*, Judges of the Panel.

*

 Judges Heyburn, Motz and Scirica took no part in the disposition of this matter.

Other Panel members who could be members of the certified nationwide class in this litigation have renounced their participation in this class and have participated in this decision. Alternatively, to the extent that this disqualification should be determined for any reason to survive the renunciation, the Panel invokes the "rule of necessity” in order to provide the forum created by the governing statute, 28 U.S.C. § 1407. *See In re Wireless Telephone Radio Frequency Emissions Products Liability Litigation,*170 F.Supp.2d 1356, 1357-58 (J.P.M.L.2001).

TRANSFER ORDER

D. LOWELL JENSEN, Acting Chairman.

Before the entire Panel *: Plaintiff State of Utah moves pursuant to Rule 7.4, R.P.J.P.M.L., 199 F.R.D. 425, 435-36 (2001), asking the Panel to vacate its orders conditionally transferring these actions to the District of Massachusetts for inclusion in MDL No. 1456. All defendants in both actions oppose the motions.

After considering all counsel’s argument, we find that these actions involve common questions of fact with actions in this litigation previously transferred to the District of Massachusetts, and that transfer of both actions to the District of Massachusetts for inclusion in MDL No. 1456 will serve the convenience of the parties and witnesses *1365and promote the just and efficient conduct of this litigation. We further find that transfer of these actions is appropriate for reasons that we set out in our original order directing centralization in this docket. In that order, we held that the District of Massachusetts was a proper Section 1407 forum for actions concerning whether (either singly or as part of a conspiracy) the pharmaceutical defendants engaged in fraudulent marketing, sales and/or billing schemes to unlawfully inflate the price of certain prescription drugs. *See In re Pharmaceutical Industry Average Wholesale Price Utigation,*201 F.Supp.2d 1378 (J.P.M.L.2002).

Plaintiff can present its pending motions for remand to state court to the transferee judge. *See, e.g., In re Ivy,*901 F.2d 7 (2d Cir.1990); *In re Prudential Insurance Company of America Sales Practices Litigation,*170 F.Supp.2d 1346, 1347-48 (J.P.M.L.2001).

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, these actions are transferred to the District of Massachusetts and, with the consent of that court, assigned to the Honorable Patti B. Saris for inclusion in the coordinated or consolidated pretrial proceedings occurring there in this docket.
#### In the Matter of Tamara Lynn R., Respondent, v William M.C., Appellant.

[852 NYS2d 922]

Present-Scudder, EJ., Hurlbutt, Smith, Centra and Pine, JJ.
exv10w1







Exhibit 10.1




AMENDMENT NO. 1

TO THE

AMENDED AND RESTATED

STEWART ENTERPRISES, INC.

SUPPLEMENTAL RETIREMENT AND

DEFERRED COMPENSATION PLAN




     WHEREAS, Stewart Enterprises, Inc. (the “Company”) sponsors the Amended and Restated Stewart
Enterprises, Inc. Supplemental Retirement and Deferred Compensation Plan (the “Plan”);



     WHEREAS, pursuant to Section 10.3 of the Plan, the Compensation Committee of the Board of
Directors has the right to amend the Plan; and



     WHEREAS, the Company wishes to amend the Plan to change the timing of payments of certain
amounts deferred under the pre-2005 portion of the Plan, in accordance with IRS Notice 2007-86;



     NOW, THEREFORE, the Plan is hereby amended effective January 1, 2008, as follows:



     Section 1.1 of the Plan, “Purpose of Plan,” is amended by adding the following sentence at the
end:




     Notwithstanding the previous sentence, a Participant’s deferrals into the Plan
prior to January 1, 2005 and earnings on such deferrals (“pre-2005 deferrals”) shall
be governed by the provisions of the Plan, and shall not be governed by the provisions
of Appendix A, provided that the Participant who made the pre-2005 deferrals had
elected, as of January 1, 2005, to receive his or her pre-2005 deferrals in the form
of installments and provided that installment payments of his or her pre-2005
deferrals had not commenced as of January 1, 2008. Accordingly, any Participant who
elected to receive his or her pre-2005 deferrals in the form of installments and had
not yet commenced receiving installments shall instead receive his or her benefit in a
lump sum pursuant to Article VI of the Plan.




Executed in Jefferson, Louisiana, this 17th day of December, 2008.



	 	 	 	 	 	 	 	 	 
	WITNESSES:	 	 	 	STEWART ENTERPRISES, INC.	 	 
	 
	 	 	 	 	 	 	 	 
	/s/ Thomas M. Kitchen

	 	 	 	By:
	 	/s/ Thomas J. Crawford	 	 
	 


	 	 
	 	 	 	 

	 	 
	/s/ Lisa T. Winningkoff

	 	 	 	Date:
	 	December 17, 2008