alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Julie WILLES, Plaintiff-Appellant, v. STATE FARM FIRE AND CASUALTY COMPANY; State Farm Mutual Automobile Insurance Company, Defendants-Appellees.

No. 03-35848.

United States Court of Appeals, Ninth Circuit.

Jan. 9, 2008.

N. Roberta Stoll, Esq., Steve D. Larson, Esq., Scott A. Shorr, Esq., Stoll Stoll Berne Lokting *&*Schlachter, PC, Portland, OR, for Plaintiff-Appellant.

*566Stuart D. Jones, Esq., Bullivant Houser Bailey, PC, Portland, OR, for Defendants-Appellees.

Before: STEPHEN REINHARDT, MARSHA S. BERZON, and JAY S. BYBEE, Circuit Judges.

OPINION

PER CURIAM:

This appeal comes before us on remand from the Supreme Court. *See State Farm Mut. Auto. Ins. Co. v. Willes*, — U.S. —, 127 S.Ct. 2933, 168 L.Ed.2d 259 (2007) (citing *Safeco Ins. Co. of Am. v. Burr,*— U.S. —, 127 S.Ct. 2201, 167 L.Ed.2d 1045 (2007)). In *Burr,*the Court affirmed our holding in *Reynolds v. Hartford Financial Services Group, Inc.,*435 F.3d 1081 (9th Cir.2006), that liability under 15 U.S.C. § 1681n(a) for “willfully failing] to comply” with the Fair Credit Reporting Act (FCRA) includes reckless disregard of statutory duties. *Burr,*127 S.Ct. at 2208. The Court also agreed with our holding that quoting or charging a first-time premium can be “an increase in any charge for ... any insurance, existing or applied for.” *Id.*at 2210 (quoting 15 U.S.C. § 1681a(k)(l)(B)(i)). In addition, the Court held that notice is required only when consideration of a consumer’s credit report is a necessary condition for the increased rate. *Id.*at 2212 (citing 15 U.S.C. § 1681m(a)). Finally, reversing our holding, the Court held that the baseline for determining whether a first-time rate is a disadvantageous increase is the rate the applicant would have received had the company not taken his credit score into account. *Id.*at 2213.

In light of the Court’s holding that notice is required only when the credit report is a necessary condition of the increased rate, we affirm the district court’s summary judgment with respect to the claims against State Farm Fire and Casualty Company. State Farm Fire’s rate quote was not influenced by Willes’ credit report, and State Farm Fire is therefore not liable.

State Farm Mutual Automobile Insurance Company could have offered Willes a policy if her credit score had been higher. In *Burr,*however, the Court held that a defendant company was not liable when it denied a consumer a policy under circumstances similar to the ones in this case. *See Burr,*127 S.Ct. at 2214 n. 17. Plaintiffs did not raise on appeal any basis for liability other than the theories rejected by the Court. We therefore affirm the district court’s summary judgment with respect to State Farm Mutual Automobile Insurance Company.

AFFIRMED.
#### Diana M. Scritchfield, as Administratrix of the Estate of Mitchell N. Scritchfield, Also Known as Mitchell Scritchfield, Deceased, Respondent, v Arlette Perry et al., Doing Business as Woodlawn Hotel, Appellants, et al., Defendant.

(Appeal No. 2.)

[666 NYS2d 867]

—Order unanimously affirmed with costs. Same Memorandum as in *Scritchfield v Perry*(245 AD2d 1054 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Vacate Default Judgment.) Present—Denman, P. J., Lawton, Hayes, Balio and Boehm, JJ.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3305 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3305

To designate the Federal building and United States courthouse located 
 at 224 South Boulder Avenue in Tulsa, Oklahoma, as the ``H. Dale Cook 
            Federal Building and United States Courthouse''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2009

  Mr. Sullivan (for himself, Mr. Lucas, Mr. Boren, Mr. Cole, and Ms. 
   Fallin) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To designate the Federal building and United States courthouse located 
 at 224 South Boulder Avenue in Tulsa, Oklahoma, as the ``H. Dale Cook 
            Federal Building and United States Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The Federal building and United States courthouse located at 224 
South Boulder Avenue in Tulsa, Oklahoma, shall be known and designated 
as the ``H. Dale Cook Federal Building and United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building and United States 
courthouse referred to in section 1 shall be deemed to be a reference 
to the ``H. Dale Cook Federal Building and United States Courthouse''.
                                 <all>
```
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

Submitted November 8, 2013∗

Decided November 14, 2013

Before

WILLIAM J. BAUER, Circuit Judge

FRANK H. EASTERBROOK, Circuit Judge

DANIEL A. MANION, Circuit Judge

No. 13-2753

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

AHMAD BISHAWI,

Defendant-Appellant.

Appeal from the United 

States District Court for the 

Southern District of Illinois.

No. 97-CR-40044-MJR-01

Michael J. Reagan, Judge.

Order

Ahmad Bishawi is serving a sentence of 20 years’ imprisonment for crack-cocaine 

offenses. After the Fair Sentencing Act of 2010 took effect, and the Sentencing 

Commission reduced the Guideline ranges with retroactive effect, Bishawi asked the 

district court for a reduction under 18 U.S.C. §3582(c)(2). The district court denied this 

 

∗ This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After 

examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R. 

App. P. 34(a); Cir. R. 34(f).

1

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with 

Fed. R. App. P. 32.1 

2
No. 13-2753 Page 2

motion because Bishawi’s sentence already is at the statutory minimum, so he cannot 

receive any benefit from the lower Guidelines.

Bishawi’s brief on appeal appears to reflect a belief that all defendants sentenced 

before the 2010 Act took effect can be resentenced afterward—because only a new 

sentence under the Act’s revised terms would reduce the statutory minimum sentence. 

But the Supreme Court held in Dorsey v. United States, 132 S. Ct. 2321 (2012), that the 

2010 Act applies only to persons sentenced on or after August 3, 2010. Bishawi was 

sentenced in 1999. A motion under §3582(c)(2) differs from resentencing. See Dillon v. 

United States, 560 U.S. 917 (2010). Nor does it entitle a defendant to reopen issues, such 

as the quantity of drugs involved, resolved at the original sentencing. See, e.g., United 

States v. Poole, 550 F.3d 676 (7th Cir. 2008). We have therefore held that persons who 

received a statutory-minimum sentence before August 3, 2010, cannot receive any 

benefit from the 2010 Act. United States v. Foster, 706 F.3d 887 (7th Cir. 2013).

Foster and Poole control this appeal. The judgment of the district court is affirmed.
[No. 42443-6-II.

Division Two.

October 9, 2012.]

#### The State of Washington, *Respondent,*v. Tonie Marie Williams-Irby, *Appellant.*

Appeal from a judgment of the Superior Court for Pierce County, No. 09-1-02786-4, Frederick W. Fleming, J., entered July 15,2011. *Affirmed*by unpublished opinion per

Johanson, A.C.J.,

concurred in by Quinn-Brintnall and Penoyar, JJ.
Exhibit
31.2







CERTIFICATION
OF THE CHIEF FINANCIAL OFFICER





REQUIRED
BY RULE 13A - 14(A) OR RULE 15D - 14(A)






I,
   Bob Bates, Chief Financial Officer, certify that:





1.
  I have reviewed this quarterly report on Form 10-QSB of Edgetech
Services 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 small business
issuer as of, and for, the periods presented in this report;





4.
  The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small
business issuer 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 small business issuer,
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 small business issuer'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 small business issuer's
internal control over financial reporting that occurred during the small
business issuer's most recent fiscal quarter (the small business issuer's fourth
fiscal quarter in the case of an annual report) that has materially affected, or
is reasonably likely to materially affect, the small business issuer's internal
control over financial reporting; and





5.The
small business issuer's other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control    over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer's board of directors (or persons
performing the equivalent
functions):




(a)All
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer'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 small business issuer's internal
control over financial reporting.








Date:
      June 15, 2009
                By:
                /s/  Bob
      BatesBob
      BatesChief
      Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM MORGAN
TRANSPORTATION COMPANY'S AUDITED CONSOLIDATED FINANCIAL STATEMENTS AS OF
AND FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           9,945
<SECURITIES>                                         0
<RECEIVABLES>                                   14,319
<ALLOWANCES>                                       288
<INVENTORY>                                      4,161
<CURRENT-ASSETS>                                30,912
<PP&E>                                         119,920
<DEPRECIATION>                                  30,114
<TOTAL-ASSETS>                                 160,290
<CURRENT-LIABILITIES>                           13,351
<BONDS>                                         80,000
<PREFERRED-MANDATORY>                            1,000
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      13,643
<TOTAL-LIABILITY-AND-EQUITY>                   160,290
<SALES>                                        100,526
<TOTAL-REVENUES>                               100,526
<CGS>                                           73,859
<TOTAL-COSTS>                                   87,614
<OTHER-EXPENSES>                                   273
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,026
<INCOME-PRETAX>                                  2,232
<INCOME-TAX>                                       613
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,619
<EPS-PRIMARY>                                    36.30
<EPS-DILUTED>                                    35.20


</TABLE>
**Exhibit 31.1**
**CERTIFICATION**
I, Bernard Liautaud, certify that:
1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/Aof Business Objects, S.A.; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand we have:
a) Designed such disclosure controls and procedures, or caused suchdisclosure 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 otherswithin those entities, particularly during the period in which thisreport is being prepared; b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and c) Disclosed in this report any changes in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the internal control overfinancial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internalcontrol over financial reporting.
Date: April 29, 2004   /s/ Bernard Liautaud  Bernard Liautaud Chairman of the Board and Chief Executive Officer
Exhibit 32.1

                       CERTIFICATION OF PERIODIC REPORT
            As adopted Pursuant to Section 906 of the Sarbanes-Oxley
                                   Act of 2002

In connection with the Quarterly Report on Form 10-Q for the second quarter
ended December 31, 2005 of Integrated BioPharma, Inc. (the "Company") as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
E. Gerald Kay, the Chief Executive Officer of Integrated BioPharma, Inc.
certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C.
Section 1350, that to his knowledge:

(1)      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 or
         78o(d)); and

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

This certification accompanies the Report pursuant to Section 906 of
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement 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:   February 14, 2006        By: /s/ E. Gerald Kay
                                 ---------------------
                                 E. Gerald Kay,
                                 Chief Executive Officer
Exhibit 32


                  CERTIFICATION OF ANNUAL REPORT ON FORM 10-K
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The undersigned are the Chief Executive Officer and the Chief Financial
Officer of Cascade Financial Corporation (the "Registrant").  This
Certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of
2002.  This Certification accompanies the Annual Report on Form 10-K/A of the
Registrant for the annual period ended December 31, 2004.

     We certify that such Annual Report on Form 10-K/A fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that the information contained in such 10-K Report fairly presents, in all
material respects, the financial condition and the results of operations of the
Registrant.

Date: April 25, 2005


                                       /s/ Carol K. Nelson
                                       ----------------------------------------
                                       Carol K. Nelson, President and
                                       Chief Executive Officer


                                       /s/ Lars H. Johnson
                                       ----------------------------------------
                                       Lars H. Johnson, Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE>     5
<LEGEND>
This schedule contains summary financial information extracted from the
balance sheet and statements of operations found on pages F-4 and F-5 of
the Company's Form 10-KSB for the fiscal year ended June 30, 1996, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0 
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0 
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           500
<OTHER-SE>                                        (500)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0  
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0

</TABLE>
<PAGE>

                                                                    Exhibit 23.0

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS



  We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-84331 and 333-84341) pertaining to the Stock Subscription
Warrant, 1995 International Employee Stock Purchase Plan, As Amended, French
Employee Savings Plan, As Amended and the 1999 Stock Option Plan of Business
Objects, S.A. of our report dated January 31, 2000 with respect to the
consolidated financial statements and schedule of Business Objects, S.A.
included in the Annual Report (Form 10-K) for the year ended December 31, 1999.


                                                 /s/ Ernst & Young LLP
San Jose, California
March 27, 2000