alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Shirley HALL, individually and as administratrix of the Estate of Robert Hall, deceased Estate of Robert Hall; Vada Smith, individually and as administratrix of the Estate of Robert Hall, deceased Estate of Robert Hall, Appellants, v. UNION PACIFIC RAILROAD COMPANY, Appellee.

No. 07-1814.

United States Court of Appeals, Eighth Circuit.

Submitted: Jan. 18, 2008.

Filed: Jan. 25, 2008.

Brian G. Smith, Smith & Nworkorie, Farmerville, LA, Sheila F. Campbell, Little Rock, AR, for Appellants.

Kristopher Bruce Knox, Robert Stephen Shafer, Scott Harper Tucker, Friday & Eldredge, Little Rock, AR, for Appellee.

Before BYE, BEAM, and GRUENDER, Circuit Judges.

*932PER CURIAM.

Shirley Hall and Vada Smith appeal the district court’s1 adverse grant of summary judgment in their lawsuit brought on behalf of Robert Hall, the deceased son and brother of Hall and Smith, respectively, against Union Pacific Railroad Company. Hall and Smith contend the district court erred in concluding a $250,000 settlement they reached with Union Pacific seven days after Robert Hall died could not be enforced because neither of the attorneys who negotiated the settlement were aware of Robert Hall’s death when the settlement was reached and the agency of the attorney acting on behalf of Robert Hall had ceased at the time of Robert’s death. Hall and Smith further contend the district court erred in determining Robert Hall was an undiscovered trespasser on railroad property when the injuries giving rise to this lawsuit occurred.

Having carefully reviewed the record and considered the arguments advanced by Hall and Smith, we conclude the district court properly granted summary judgment and there is no basis for reversal. Accordingly, we affirm for the-reasons set forth in the district court’s well-reasoned -opinion. *See*8th Cir. R. 47B.

1

. The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas.
1 The Honorable E. Richard Webber, United States District Judge for the Eastern District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 04-1563

___________ Adonis Johnson, Sr., * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Unilever HPC USA, * * [UNPUBLISHED] Appellee. *

___________ Submitted: January 6, 2005 Filed: January 24, 2005

___________ Before BYE, MELLOY, and COLLOTON, Circuit Judges.

___________ PER CURIAM. Adonis Johnson, Sr., appeals the adverse grant of summary judgment in his employment-discrimination action. The district court 1 concluded Johnson’s complaint was barred by res judicata. Upon careful review of the record, we agree, for the reasons explained by the district court. Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
#### Vincent D. TUGGLES, Claimant-Appellee, v. James B. PEAKE, M.D., Secretary of Veterans Affairs, Respondent-Appellant.

No. 2006-7044.

United States Court of Appeals, Federal Circuit.

Jan. 22, 2008.

*276Before MICHEL, Chief Judge, LOURIE and LINN, Circuit Judges.

PER CURIAM.

*ORDER*

The Secretary of Veterans Affairs responds to the court’s November 20, 2007 order and requests that the judgment of the United States Court of Appeals for Veterans Claims (CAVC) in *Tuggles v. Nicholson,*04-1496 be summarily affirmed. Vincent D. Tuggles 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.
**EXHIBIT 31.1**

 

**CERTIFICATIONS**

 

I, Brian E. Schaaf, certify that:

 

1.                                     I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Ford Credit Auto Owner Trust 2013-B (the “Exchange Act periodic reports”);

 

2.                                     Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.                                     I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

 

5.                                     All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: The Bank of New York Mellon, as indenture trustee of the issuing entity, and U.S. Bank Trust National Association, as owner trustee of the issuing entity.

 

Dated March 23, 2017

 

 
|   | /s/ Brian E. Schaaf                                |
|--------|----------------------------------------------------|
|   | Brian E. Schaaf                                    |
|   | Vice President and   Assistant Treasurer           |
|   | Ford Motor Credit   Company LLC, as Servicer       |
|   | (senior officer in   charge of servicing function) |

 

----
| (logo) WELLS FARGO | **Corporate Trust Services**

  MAC R1204-010  9062 Old Annapolis Road  Columbia, MD 21045  Tel: 410 884 2000  Fax: 410 715 2380 |
|--------------------|----------------------------------------------------------------------------------------------------------------------------------|

 

 

GS Mortgage SecuritiesCorporation II

200 West Street

New York, New York 10282

 

Re:          Annual Statement of Compliance for GS Mortgage Securities Corporation II,CommercialMortgage Pass-Through Certificates, Series2013-GCJ12

 

Per the Pooling and ServicingAgreement dated as of May 1, 2013 (the "Agreement"), the undersigned,a duly authorized officer of Wells Fargo Bank, N.A., as CertificateAdministrator ("Wells Fargo"), hereby certifies as follows as of andfor the year ending December 31, 2016 (the "Reporting Period"):

 

(a)           A review of Wells Fargo's activities during the Reporting Period and of itsperformance under the Agreement has been made under such officer's supervision;and

 

(b)          To the best of such officer's knowledge, based on such review, Wells Fargo hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

 

February 27, 2017

 

 

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
Exhibit
32




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 OrthoLogic Corp. (the “Company”) on Form
10-Q for the quarterly period ended June 30, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), each of John M.
Holliman, III, Executive Chairman of the Company, and Les M. Taeger, Senior Vice
President and Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that to the best of his knowledge:




(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and




(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.







Date:
August 7, 2008








/s/ John M. Holliman,
III


John M.
Holliman, III


Executive
Chairman


(Principal
Executive Officer)








/s/ Les M.
Taeger


Les M.
Taeger


Senior
Vice President and Chief Financial Officer







A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to OrthoLogic Corp. and will be retained by
OrthoLogic Corp. and furnished to the Securities and Exchange Commission or its
staff upon request.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0621

STATE OF MONTANA,

Plaintiff and Appellee,

v.

BRITTNEY ANN ALLEN,

Defendant and Appellant. 

ORDER

Upon consideration of Appellant’s motion for extension of time, and 

good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including August 8, 2022, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

July 1 2022

07/01/2022

Case Number: DA 21-0621
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N
NO. 03-10-00841- CV
In re Cynthia John son
ORIGINA L PR OCEEDING F ROM B ELL COUNTY
M E M O R A N D U M O P I N I O N

Relator has filed a motion for emer g ency stay and petition for writ of mandamus. See Tex. R. App. P. 52.8, 52.10. Having revie wed the pleading s and the rec ord provided, we deny the petition for wr it of mandamus.

__________________________________________ David Pury ear , J ustice Be fore Chief J ustice Jones, J ustices Pury ear and Pember

ton Filed: January

7, 2011
**EXHIBIT 11**

 

**Citizens Financial Corporation and Subsidiaries**

**Computation of Per Share Earnings**

(Unaudited)

 

 

 

| Six Months Ended June 30       | 2007                       | 2006                      |
|--------------------------------|----------------------------|---------------------------|
|                           |                       |                      |
| Numerator:                     |                       |                      |
| Net Income (Loss)              | $              213,959     | $            (419,156)    |
|                           |                       |                      |
|                           |                       |                      |
| Denominator:                   |                       |                      |
| Weighted average common shares | 1,587,708                  | 1,667,977                 |
|                           |                       |                      |
|                           |                       |                      |
| Earnings Per Share:            |                       |                      |
| Net Income (Loss)              | $                     0.13 | $                  (0.25) |

 

 

 

 

| Three Months Ended June 30     | 2007                       | 2006                      |
|--------------------------------|----------------------------|---------------------------|
|                           |                       |                      |
| Numerator:                     |                       |                      |
| Net Income (Loss)              | $              394,810     | $            (646,891)    |
|                           |                       |                      |
|                           |                       |                      |
| Denominator:                   |                       |                      |
| Weighted average common shares | 1,587,408                  | 1,667,977                 |
|                           |                       |                      |
|                           |                       |                      |
| Earnings Per Share:            |                       |                      |
| Net Income (Loss)              | $                     0.25 | $                  (0.39) |
1761 East St. Andrew Place

Santa Ana. CA 92705-4934



Tel 714 247 6000

Fax 714 247 6009





ANNUAL STATEMENT AS TO COMPLIANCE







The undersigned, David Co, a Director of Deutsche Bank
Trust Company Americas, as the Certificate Administrator (a “Certifying Servicer”) under the Pooling and Servicing
Agreement, dated as of June 1, 2013 (the “Agreement”),by and among, Deutsche Mortgage & Asset Receiving Corporation,
as Depositor, Midland Loan Services, a Division of PNC Bank, National Association, as Master Servicer, Midland loan Services, a
Division of PNC Bank, National Association, as Special Servicer, U.S. Bank National Association, as Trustee, Deutsche Bank Trust
Company Americas, as Certificate Administrator, Paying Agent and Custodian, and Park Bridge lender Services LLC, as Operating Advisor,
here by certifies in accordance with Section 10.11 of the Agreement:



| | A) | A review of such Certifying Servicer's activities from June 13,2013 to December 31, 2013 (the “reporting period”) and
of such Certifying Servicer's performance under the Agreement has been made under such officer's supervision and
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | B) | That, as to the best of such officer's knowledge, based on such review, such Certifying Servicer has fulfilled all its obligations
under the Agreement, in all material respects throughout the reporting period.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------





DEUTSCHE BANK TRUST COMPANY
AMERICAS

as Certificate Administrator



BY: David Co

Title: Director

Date: March 1, 2014
Exhibit 32.2

OLD DOMINION ELECTRIC COOPERATIVE

CERTIFICATION OF PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Old Dominion Electric Cooperative (the
Company) on Form 10-Q for the period ending June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert L. Kees, Senior Vice President and Chief Financial Officer of the
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 the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |                                                  
|--------------------- |  | -------------------------------------------------
|Date: August 10, 2007 |  | /s/ Robert L. Kees                               
|                      |  | Robert L. Kees                                   
|                      |  | Senior Vice President and Chief Financial Officer
|                      |  | (Principal Financial and Accounting Officer)
Exhibit 10.16


 


AMENDED SALARY ARRANGEMENT WITH CHIEF EXECUTIVE OFFICER


 


The Employment Agreement between IEC Electronics Corp. (the “Company”) and W. Barry Gilbert (the Company’s Chief Executive Officer) dated April 24, 2009, amended by First Amendment to Employment Agreement effective October 1, 2010, provides for annual review for possible salary increases. Effective November 1, 2011 Mr. Gilbert’s base salary was increased from $296,800 to $326,000. The increase includes a merit increase of $20,800 and an adjustment of $8,400 in lieu of automobile expense allowances previously provided.
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Page 42008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18807]


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

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Public Law 94-409, that the Securities 
and Exchange Commission will hold a closed meeting on Wednesday, 
September 6, 2017 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the closed meeting. 
Certain staff members who have an interest in the matters also may be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit 
consideration of the scheduled matters at the closed meeting.
    Commissioner Stein, as duty officer, voted to consider the items 
listed for the closed meeting in closed session.
    The subject matters of the closed meeting will be:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Adjudicatory matters;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have 
been added, deleted or postponed; please contact Brent J. Fields from 
the Office of the Secretary at (202) 551-5400.

    Dated: August 30, 2017.
Brent J. Fields,
Secretary.
[FR Doc. 2017-18807 Filed 8-31-17; 11:15 am]
 BILLING CODE 8011-01-P
United States Court of Appeals

For the First Circuit

No. 08-1797

UNITED STATES OF AMERICA,

Appellee,

v.

TREVOR CHARLTON,

Defendant, Appellant.

ERRATA SHEET

Chief Judge Lynch's concurrence in the opinion of this Court

issued on April 1, 2010, is amended as follows:

On page 25, line 4, "though little help to him here" is

changed to "though of little help to him here".
2005 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-21-2005

USA v. Guzman

Precedential or Non-Precedential: Non-Precedential

Docket No. 03-3068

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2005

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

University School of Law Digital Repository. It has been accepted for inclusion in 2005 Decisions by an authorized administrator of Villanova

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

Recommended Citation

"USA v. Guzman" (2005). 2005 Decisions. Paper 1329.

http://digitalcommons.law.villanova.edu/thirdcircuit_2005/1329
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

No. 03-3068

 UNITED STATES OF AMERICA

 v.

ROBINSON GUZMAN,

 Appellant

 

ON APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

(Dist Court No. 02-CR-00761)

District Court Judge: Hon. John C. Lifland

Submitted Under Third Circuit LAR 34.1(a)

November 1, 2004

Before: ALITO, BARRY, and FUENTES Circuit Judges.

(Filed: April 21, 2005)

OPINION OF THE COURT
PER CURIAM:

After pleading guilty pursuant to a plea agreement, the defendant in this case was

sentenced under the Sentencing Guidelines. The sentencing occurred prior to the

Supreme Court’s decision in United States v. Booker, 543 U.S. ___ 125 S. Ct. 738

(2005). Defense counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738

(1967), and has moved to withdraw. Our review of the record has disclosed only one

non-frivolous issue that could be raised on appeal, namely, that the District Court erred in

sentencing the defendant under the erroneous belief that the Sentencing Guidelines were

mandatory rather than advisory. Moreover, having determined that issues with respect to

Booker are best determined by the District Court in the first instance, we vacate the

sentence and remand for resentencing in accordance with that opinion.