alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee v. David Leon SUTTLE, Defendant-Appellant.

No. 07-51001

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 19, 2008.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western *338District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Tracey Bright Scown, for Defendant Appellant.

Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent David Leon Suttle has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Suttle has filed a response. The record is insufficiently developed to allow consideration at this time of Suttle’s claims of ineffective assistance of counsel; such claims generally “cannot be resolved on direct appeal when [they have] not been raised before the district court since no opportunity existed to develop the record on the merits of the allegations.” *United States v. Cantwell,*470 F.3d 1087, 1091 (5th Cir.2006) (internal quotation marks and citation omitted). Our independent review of the record, counsel’s brief, and Suttle’s response discloses no nonfrivolous issue for appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 16

- 3457

_____________________________
T HOMAS J. B ALDWIN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Madison County

. Andrew J. Decker, III , Judge

. March 21, 2018

P ER C URIAM

.
A FFIRMED

. J AY , W INSOR , and M.K. T HOMAS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Mark V. Murray, Tallahassee
, for Appellant.2 Pamela Jo Bondi, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallah assee , for Appellee.
```

[Constitution of the United States of America:  Analysis, and Interpretation - 1992 Edition ]
[Amendments to the Constitution]
[Twenty-Third Amendment - Presidential Electors for the District of Columbia]
[From the U.S. Government Printing Office, www.gpo.gov]

[[Page 1987]]

                         TWENTY-THIRD AMENDMENT
                               __________
 
 
           PRESIDENTIAL ELECTORS FOR THE DISTRICT OF COLUMBIA

  Section 1. The District constituting the seat of Government of the 
United States shall appoint in such manner as the Congress may direct:
  A number of electors of President and Vice President equal to the 
whole number of Senators and Representatives in Congress to which the 
District would be entitled if it were a State, but in no event more than 
the least populous State; they shall be in addition to those appointed 
by the States, but they shall be considered, for the purposes of the 
election of President and Vice President, to be electors appointed by a 
State; and they shall meet in the District and perform such duties as 
provided by the twelth article of amendment.
  Section 2. The Congress shall have power to enforce this article by 
appropriate legislation.

          ENFRANCHISEMENT OF RESIDENTS OF DISTRICT OF COLUMBIA

        ``The purpose of this. . . constitutional amendment is to 
provide the citizens of the District of Columbia with appropriate rights 
of voting in national elections for President and Vice President of the 
United States. It would permit District citizens to elect Presidential 
electors who would be in addition to the electors from the States and 
who would participate in electing the President and Vice President.

        ``The District of Columbia, with more than 800,000 people, has a 
greater number of persons than the population of each of 13 of our 
States. District citizens have all the obligations of citizenship, 
including the payment of Federal taxes, of local taxes, and service in 
our Armed Forces. They have fought and died in every U.S. war since the 
District was founded. Yet, they cannot now vote in national elections 
because the Constitution has restricted that privi

[[Page 1988]]
lege to citizens who reside in States. The resultant constitutional 
anomaly of imposing all the obligations of citizenship without the most 
fundamental of its privileges will be removed by the proposed 
constitutional amendment. . .

        ``[This] . . . amendment would change the Constitution only to 
the minimum extent necessary to give the District appropriate 
participation in national elections. It would not make the District of 
Columbia a State. It would not give the District of Columbia any other 
attributes of a State or change the constitutional powers of the 
Congress to legislate with respect to the District of Columbia and to 
prescribe its form of government. . . . It would, however, perpetuate 
recognition of the unique status of the District as the seat of Federal 
Government under the exclusive legislative control of Congress.''\1\

        \1\H.R. Rep. No. 1698, 86th Cong., 2d Sess. 1, 2 (1960).
```
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JAN-03-1998
<PERIOD-START>                             DEC-29-1996
<PERIOD-END>                               JUN-28-1997<F1>
<CASH>                                          14,352
<SECURITIES>                                         0
<RECEIVABLES>                                   26,351
<ALLOWANCES>                                         0
<INVENTORY>                                     36,763
<CURRENT-ASSETS>                                78,169
<PP&E>                                          68,149
<DEPRECIATION>                                   8,514
<TOTAL-ASSETS>                                 250,105
<CURRENT-LIABILITIES>                           44,956
<BONDS>                                        120,824
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     35,000
<COMMON>                                         9,201
<OTHER-SE>                                      10,419
<TOTAL-LIABILITY-AND-EQUITY>                   250,105
<SALES>                                        123,299
<TOTAL-REVENUES>                               123,299
<CGS>                                           95,851
<TOTAL-COSTS>                                   95,851
<OTHER-EXPENSES>                                 7,727
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,427
<INCOME-PRETAX>                                 13,291
<INCOME-TAX>                                     5,475
<INCOME-CONTINUING>                              9,398
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,398
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>The results of operations for the six months ended June 28, 1997 represent the
results of Clark-Schwebel Holdings, Inc. ("Company") for the period of December
29, 1996 through June 28, 1997 (successor company). A change in ownership
resulted from a leveraged buyout on April 17, 1996, and the transaction
resulted in a new basis of accounting for the Company. Therefore, the results
of operations for the six months ended June 28, 1997 are not fully comparable
to preceding reporting periods. This schedule contains summary financial
information from the Company's financial statements and is qualified in its
entirety by reference to such financial statements.
</FN>
        

</TABLE>
Page 1 of 1

EXHIBIT 35.1

ANNUAL SERVICER COMPLIANCE STATEMENT
OF THE SERVICER
FOR THE YEAR ENDED OCTOBER 31, 2019

The undersigned, a duly authorized officer of The Bank of
Nova Scotia, as Servicer and Cash Manager under the Servicing Agreement and Cash Management Agreement, respectively, do hereby
certify that:

| | 1. | A review of the activities of the Servicer and Cash Manager during the period from November 1, 2018 through October 31, 2019,
and of its performance under the Servicing Agreement and Cash Management Agreement was conducted under my supervision.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | 2. | To the best of my knowledge, based on such review, the Servicer and Cash Manager have fulfilled all of their obligations under
the Servicing Agreement and Cash Management Agreement, respectively, in all material respects throughout such period.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned have duly executed this
Certificate on behalf of the Servicer this 29th day of January, 2020.



|By: | /s/ Tom McGuire                                                 
|--- | ----------------------------------------------------------------
|    | Tom McGuire
        Executive Vice-President and Group Treasurer
[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Page 44412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20286]


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

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than October 10, 2017.
    A. Federal Reserve Bank of Dallas (Robert L. Triplett III, Senior 
Vice President) 2200 North Pearl Street, Dallas, Texas 75201-2272:
    1. Shair Baz Hakemy and Sabreena Hakemy, both of Southlake, Texas; 
as a group acting in concert (the Hakemy Family Group--Retroactive), to 
retain and acquire voting shares of Riverbend Financial Corporation, 
Fort Worth, Texas; and Shair Baz Hakemy to acquire shares of Riverbend 
Financial Corporation, and thereby acquire shares of Riverbend Bank, 
Fort Worth, Texas.

    Board of Governors of the Federal Reserve System, September 19, 
2017.
Yao-Chin Chao,
Assistant Secretary of the Board.
[FR Doc. 2017-20286 Filed 9-21-17; 8:45 am]
 BILLING CODE P
Third District Court of Appeal

State of Florida 

Opinion filed May 22, 2024.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-0514

Lower Tribunal No. F00-36825

________________

Timothy Nelson Butler,

Appellant,

vs.

The State of Florida,

Appellee.

An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from 

the Circuit Court for Miami-Dade County, Laura María González-Marqués, 

Judge.

Timothy Nelson Butler, in proper person.

Ashley Moody, Attorney General, for appellee.

Before LINDSEY, LOBREE and BOKOR, JJ. 

PER CURIAM.

Affirmed.
#### CUMBERLAND MILLING COMPANY, Plaintiff v. TRENTON GRAIN COMPANY et al., Defendants.

No. 663.

United States District Court W. D. Kentucky, Bowling Green Division.

Sept. 26, 1958.

*329James C. Cunningham, Clarksville, Tenn., G. Sam Milam, Russellville, Ky., for plaintiff.

Coleman, Harlin & Orendorf, Bowling Green, Ky., by Maxey B. Harlin, Bowling Green, Ky., for defendants.

SWINFORD, District Judge.

This case is before the court on the motion of the defendants to file a third party complaint and bring in third party defendants.

The plaintiff is a citizen and resident of the State of Tennessee. The defendants, Trenton Grain Company, Joe Atlsheler, and Dillard Payne, doing business as Trenton Grain Company, are citizens and residents of this district. The third party complaint seeks to bring in as third party defendants Rockport Grain Company, Inc., of Rockport, Indiana, Aubrey Dunn, Owensboro, Kentucky, in this district, Garrison Elevator Company, Jefferson, Indiana and Pioneer Corn Company, Inc., New Albany, Indiana.

These new party defendants are sought to be brought into this action under the provisions of Rule 14(a), Federal Rules of Civil Procedure, 28 U.S. C.A. It is seen that the plaintiff and the defendants are residents of Tennessee and Kentucky, respectively, and the requisite diversity of citizenship exists. Three of the third party defendants are residents of the State of Indiana and the fourth is a resident of the Western District of Kentucky. It might therefore appear that because of the lack of diversity between the original defendant and the proposed third party defendants that this court should not entertain jurisdiction and the motion to bring in these third party defendants, including the one who is a resident of the State of Kentucky, should be overruled for lack of the requisite diversity of citizenship.

In the instant case I consider the matters set forth in the proposed third party complaint as ancillary to the issues involved in the original complaint and answer. The principal of jurisdiction involves and carries with it power over issues that may be regarded as accessorial. This ancillary proceeding may not fulfill the statutory requirements as to either diversity of citizenship or amount of money involved. The district court entertains jurisdiction in such a case although the matters standing independent and alone could not be prosecuted in the federal court. Loft, Inc., v. Corn Products Refining Co., 7 Cir., 103 F.2d 1.

The controversy between the plaintiff and the original defendants, with the requisite diversity of citizenship, was the basis of the jurisdiction in this court. The lack of diversity between the original defendants and the third party defendants on an ancillary matter cannot defeat that jurisdiction. State of Maryland, to Use and Benefit of Wood v. Robinson, D.C., 74 F.Supp. 279; E. K. Carey Drilling Co. v. Murphy, D.C., 113 F.Supp. 226; Thomas Worcester, Inc., v. Clover Stores Corp., D.C., 11 F.R.D. 334, 335.

The motion to bring in third party defendants should be sustained. An order to that effect is this day entered.
Unassociated Document







Exhibit 10.3


 


 



THIS BONUS PAYMENT AGREEMENT


 


Entered into as of the 7th day of October, 2010


 


BETWEEN:


 


Mr. Zhen Jiang Wang, is the CEO of Kun Ming Xin Yuan Tang Pharmacies Co (“XYT”) and the Chairman and CEO of a First China Pharmaceutical Group, Inc.


 


(“Wang”)


 


AND:


 


First China Pharmaceutical Group, Inc. a publically traded company traded under the symbol FCPG


 


(“FCPG”)


 


WHEREAS:


 



	
  

	
A.

	
FCPG wishes to retain Wang as the CEO of XYT and the Chairman and CEO of FCPG; and







 



	
  

	
B.

	
FCPG and Wang wish to enter into a Bonus Payment Agreement for their mutual benefit and subject to the terms outlined in this Agreement.







 


NOW THEREFORE in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows:


 


1.0           FCPG agrees to pay Wang a bonus payment of two percent (2%) of the quarterly gross sales of XYT, as calculated and disclosed in the financial statements of XYT included in the consolidated financial statements of FCPG.


 


2.0           The bonus payment shall be made to Wang on a quarterly basis, within fifteen (15) days after the filing of a Form 10-K or Form 10-Q with the SEC containing financial statements of FCPG unless otherwise instructed by Wang.


 


3.0           The bonus payment shall be made to Wang shall not exceed one and a half million US Dollars ($1,500,000) each fiscal year.


 


4.0           At his sole discretion, Wang can reduce or modify the amount due to him as long as it does not exceed, two percent (2%) of the quarterly gross sales of XYT, as calculated and disclosed in the financial statements included in the consolidated financial statements of FCPG.


 


5.0           This Agreement may be executed in counterparts.


 


 




  





  











  






 


IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first above written.


 







 







 




	
/s/ Gregory D. Tse


	
Mr. Gregory D. Tse


	
On behalf of the Board of First China Pharmaceutical Group, Inc.


	  
	
     


 


 


 


	
/s/ Zhen Jiang Wang


	
Mr. Zhen Jiang Wang
Exhibit 99.1

                          CEO 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 Annual Report of Emclaire Financial Corp. (the
"Corporation") on Form 10-KSB for the year ending December 31, 2002 as filed
with the Securities and Exchange Commission on the date here (the "Report"), I,
David L. Cox, Chief Executive Officer of the Corporation, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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 result of operations of the
   Corporation.

/s/David L. Cox
---------------
David L. Cox
Chief Executive Officer
March 20, 2003
Exhibit 32.1
                                                      ------------


             STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE
             SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350

      The undersigned, Mary Lynn D. Lenz, is the President and Chief
Executive Officer of Slade's Ferry Bancorp. (the "Company").  This
statement is being furnished in connection with the filing by the Company
of the Company's Annual Report on Form 10-K for the year ended December 31,
2003 (the "Report").

By execution of this statement, I certify that:

A)    the Report fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or
      78o(d)) and

B)    the information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations
      of the Company as of the dates and for the periods covered by the
      Report.

      This statement is authorized to be attached as an exhibit to the
Report so that this statement will accompany the Report at such time as the
Report is filed with the Securities and Exchange Commission, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350.  It
is not intended that this statement be deemed to be filed for purposes of
the Securities Exchange Act of 1934, as amended.

      A signed original of this written statement required by Section 906
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon
request.

DATE: March 29, 2004                      /s/ MARY LYNN D. LENZ
--------------------                      ---------------------
                                          MARY LYNN D. LENZ
                                          PRESIDENT AND
                                          CHIEF EXECUTIVE OFFICER


<PAGE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Managed Pension Assets Partnership 1989-2, Ltd.'s balance sheet and statement of
operations contained in its Form 10-K for the year ended December 31, 1999 and
is qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   DEC-31-1999
<CASH>                                         1,135
<SECURITIES>                                    0
<RECEIVABLES>                                  24,555
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               25,690
<PP&E>                                         1,425,049
<DEPRECIATION>                                 (1,309,893)
<TOTAL-ASSETS>                                 140,846
<CURRENT-LIABILITIES>                          2,786
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     138,060
<TOTAL-LIABILITY-AND-EQUITY>                   140,846
<SALES>                                        52,024
<TOTAL-REVENUES>                               52,324
<CGS>                                          0
<TOTAL-COSTS>                                  24,097<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                2,065
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            2,065
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   2,065
<EPS-BASIC>                                    0
<EPS-DILUTED>                                  0

<FN>
<F1>Includes lease operating expenses, production taxes and depreciation and
amortization expense.  Excludes general and administrative and interest expense.
</FN>


</TABLE>