alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In re: Johnny Lee GORE, a/k/a Manager, Petitioner.

No. 10-2365.

United States Court of Appeals, Fourth Circuit.

Submitted: Jan. 13, 2011.

Decided: Jan. 18, 2011.

Johnny Lee Gore, Petitioner pro se.

Before MOTZ, KING, and WYNN, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Johnny Lee Gore petitions for a writ of mandamus, alleging the district court has unduly delayed acting on his motion to void the judgment. He seeks an order from this court directing the district court to act. Our review of the district court’s docket reveals that the district court denied the motion December 10, 2010. Accordingly, because the district court has recently decided Gore’s motion, we deny the mandamus petition as moot. We grant leave to proceed in forma pauperis. 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.

*PETITION DENIED.*
(First Circuit — Hamilton Co., O., Circuit Court

Jan. Term, 1898.)

Before Cox, Smith and Swing, JJ.

#### FRANK EARLY v. THE STATE.

*Time necessary for premeditation and deliberation in murder-*cases—

The plaintiff in error was convicted of murder in the first degree in the killing of his wife, and is under sentence of electrocution.

Swing, J.;

Cox and Smith, JJ, concur.

The only ground of error relied on in this case, is that the court erred in its charge to the jury on the question of deliberation and premeditation. The court in its charge on this subject among other things said:

> “The time will vary as the minds and temperaments of men and circumstances under which they are placed will vary. Deliberation and premeditation for a moment as well *647as for a week or longer will render an intentional killing murder in the first degree, ”

*' M. F. Wilson,*for Plaintiff in Error.

*John O,*Schwartz,and *Thomas H. Darby,*for the State.

It is claimed that this comes within the ruling in the Burns case (3d Weekly Law Gazette, 323). In that case the judge charged the jury that “deliberation and premeditation may be accomplished in a very short time — in a moment — so swift it thought,” and this the district court, through Judge Brinkeihoff, said was error. It seems to us that there is a marked distinction between the two charges. The court here says that if there was deliberation and premeditation, even for a moment, it will render an intentional killing murder in the first degree. The jury were told that if they found that deliberation and premeditation took place even for a moment, it was sufficient to constitute murder. The judge did not tell the jury in what time it might take place. But in the Burns case the judge told the jury that premeditation and deliberation might take place in a moment. This was clearly error, and the court so held. But the court here did not attempt to tell the jury how long a time it would take for one to deliberate and premeditate.

We think the charge as given was correct, and the judgment will be affirmed. .
EXHIBIT 23.1

                       Consent of Independent Accountants

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 33-74556, 33-87756, 33-87760 and 33-45917) and in
the Registration Statement on Form S-4 (No. 333-72577), of our report dated
January 21, 1999, appearing on page 47 of the 1998 Annual Report to Shareholders
of GreenPoint Financial Corp., which is incorporated by reference in GreenPoint
Financial Corp.'s Annual Report on Form 10-K for the year ended December 31,
1998.

PricewaterhouseCoopers LLP

March 29, 1999
New York, New York
Prolongation Letter for Mr. Alfred Haszler dated June 9, 2006




			
	Convenience Translation	  	Exhibit 10.5

  

			
	Mr.Alfred Haszler	  	[Corus letterhead]

 Corus Walzprodukte GmbH 
 Carl-Spaeter-Str. 10 
 56070 Koblenz

 June 9, 2006 
 Re:
Your Service Agreement 
 Dear Mr. Haszler, 
 Your existing service agreement ends June 30, 2007. 
 In accordance with Aleris International Inc. (please see the
attached letter dated June 7, 2006) we herewith offer you to prolong your current service agreement, dated January 31, 2001, for another two year term. The new service agreement will commence as of July 1, 2007 and will end
June 6, 2009. In respect of this prolongation it is also understood that the parties shall negotiate regarding a prolongation twelve months before the expiration of its term at the latest. All terms and conditions of the existing service
agreement shall remain unchanged. 
 Please sign the attached copy of this letter to confirm your agreement. 
 We look forward to continue working with you successfully in the future. 
  

			
	Yours sincerely,	  	agreed, June 14, 2006
		
	Corus Aluminium GmbH as shareholder of	  	
	Corus Aluminium Walzprodukte GmbH	  	

  

					
	 /s/ Gerhard Buddenbaum
	  	 /s/ Gunter Damian
	 	 /s/ Alfred Haszler

	Gerhard Buddenbaum	  	Gunter Damian	 	Alfred Haszler

 Attachments
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6616

MICHAEL RANKINS,

Petitioner - Appellant,

versus

THEODIS BECK, Secretary, North Carolina

Department of Corrections,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Malcolm J. Howard,

District Judge. (CA-03-288-H-5)

Submitted: September 1, 2004 Decided: September 10, 2004

Before WILKINSON, MICHAEL, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Rankins, Appellant Pro Se. Clarence Joe DelForge, III,

NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Michael Rankins seeks to appeal the district court’s

order denying relief on his petition filed under 28 U.S.C. § 2254

(2000). An appeal may not be taken from the final order in a

habeas corpus proceeding unless a circuit justice or judge issues

a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A

certificate of appealability will not issue for claims addressed by

a district court absent “a substantial showing of the denial of a

constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner

satisfies this standard by demonstrating that reasonable jurists

would find that his constitutional claims are debatable and that

any dispositive procedural rulings by the district court are also

debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322, 336

(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. Lee,

252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed

the record and conclude that Rankins has not made the requisite

showing. Accordingly, we deny a certificate of appealability and

dismiss the appeal. We deny Rankins’ motion to grant relief based

on the Appellee’s failure to file a responsive brief, as the

Appellee is not required to file a brief. See 4th Cir. R. 22(a).

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
#### CONTINENTAL CASUALTY CO. v. SCHARFF et al.

No. 25449.

Feb. 5, 1935.

PHELPS, J.

This is an original action to review the award of the State Industrial Commission. The claimant received his injury at the same time and in the same manner as the claimant, Jack Goodnature, received his injuries as outlined in cause No. 25535, entitled Continental Casualty Company v. Jack Goodnature et al., opinion in which was promulgated on the 5th day of February, 1936 (170 Okla. 477, 41 P. (2d) 77).

The facts in this case are identical with the facts in that case, and the rules of law therein announced are applicable here. The award of the Industrial Commission is, therefore, affirmed.

McNEILL, C. J., and RILEY, BUSBY, and GIBSON, JJ., concur.
EXHIBIT 32

CERTIFICATION PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

The undersigned, Jeffrey I. Friedman,Chairman of the Board and Chief Executive Officer and Lou Fatica, VicePresident and Chief Financial Officer of Associated Estates Realty Corporation(the "Company"), certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

1.         The Report on Form 10-K of the Company for the period ended December31, 2008, which this certification accompanies, fully complies with the requirementsof Section 13a-14 and 15d-14 of the Securities Exchange Act of 1934; and

2.         The information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany

|                                                                                                                                                              |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------|
| /s/ Jeffrey I. Friedman                                                                                                                                      |
| Jeffrey I. Friedman                                                                                                                                          |
|                                                               |
|                                                               |
| /s/ Lou Fatica                                                                                                                                               |
| Lou Fatica                                                                                                                                                   |
|                            |
| February 25, 2009                                                                                                                                            |
| Date                                                                                                                                                         |

A signed original of this written statement has beenprovided to Associated Estates Realty Corporation and will be retained byAssociated Estates Realty Corporation and furnished to the Securities andExchange Commission or its staff upon request.

----
**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), I, J. Bryan Baker, Chief Financial Officer of FirstCity Financial Corporation (“registrant”), certify, to the best of my knowledge and belief, that:

 

(1)          the Quarterly Report of the registrant on Form 10-Q for the quarter ended March 31, 2011 (“Form 10-Q”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934; and

 

(2)          the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the registrant as of, and for, the periods presented in the Form 10-Q.

 

 
| Date:   May 13, 2011 | /s/   J. Bryan Baker      |
|----------------------|---------------------------|
|                 | J.   Bryan Baker          |
|                 | *Chief Financial Officer* |

 

 

The foregoing certification is being furnished as an exhibit to the Form 10-Q pursuant to Item 601(b)(32) of Regulation S-K and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-Q for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the registrant, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

 

----
##### 



Exhibit 32 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 In connection with the Quarterly Report on Form 10-QSB of Collegiate
Pacific Inc. (the Company) for the fiscal quarter ended March 31, 2004,
as filed with the Securities and Exchange Commission on the date hereof
(the Report), the undersigned, the Chief Executive Officer and Chief
Financial Officer, respectively, 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 conditions and results of
operations of the Company. /s/ Michael J. BlumenfeldMichael J. Blumenfeld, Chief Executive OfficerMay 13, 2004/s/ William R. EstillWilliam R. Estill, Chief Financial OfficerMay 13, 2004
[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Notices]
[Page 10772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3998]


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

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision


Submission for OMB Review; Comment Request

February 13, 2001.
    The Office of Thrift Supervision (OTS) has submitted the following 
public information collection requirement(s) to OMB for review and 
clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. 
Interested persons may obtain copies of the submission(s) by calling 
the OTS Clearance Officer listed. Send comments regarding this 
information collection to the OMB reviewer listed and to the OTS 
Clearance Officer, Office of Thrift Supervision, 1700 G Street, NW., 
Washington, D.C. 20552.

DATES: Submit written comments on or before March 19, 2001.
    OMB Number: 1550-0005, 1550-0015, 1550-0037.
    Form Number: OTS Forms 138/138-E/138-F, Form H-(e), Form 1240.
    Type of Review: Regular.
    Title: De Novo Application, Savings Association Holding Company 
Application, Fiduciary Powers Application.
    Description: To obtain information necessary to determine whether 
an entity meets the statutory requirements to approve the application 
request.
    Respondents: Savings and Loan Associations and Savings Banks.
    Estimated Number of Responses: 80.
    Estimated Burden Hours Per Response: 316 hours.
    Frequency of Response: Occasionally when an entity seeks regulatory 
approval for activity request.
    Estimated Total Reporting Burden: 25,290 hours.
    Clearance Officer: Evelyn Canning, (202) 906-7988, Office of Thrift 
Supervision, 1700 Street, NW., Washington, DC 20552.
    OMB Reviewer: Alexander Hunt, (202) 395-7860, Office of Management 
and Budget, Room 10202, New Executive Office Building, Washington, DC 
20503.

Barbara Taylor,
Manager, Quality Assurance Research and Information Systems.
[FR Doc. 01-3998 Filed 2-15-01; 8:45 am]
BILLING CODE 6720-01-P
**Exhibit 32.2**

CERTIFICATION

Pursuant to 18 U.S.C. Section 1350,    I, John Chieffo, Chief Financial Officer of Pruco Life Insurance Company    of New Jersey, hereby certify that the accompanying Quarterly Report on Form    10-Q for the quarter ended March 31, 2006, containing the financial statements    of    Pruco Life of New Jersey Variable Contract Real Property Account (a separate    account of Pruco Life Insurance Company of New Jersey) and The Prudential    Variable Contract Real Property Partnership (the “Report”), 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 the Report fairly    presents, in all material respects, the financial condition and results ofoperations of Pruco Life of New Jersey Variable Contract Real Property Account    and The Prudential Variable Contract Real Property Partnership.

|   | Date:  May 12, 2006                        |
|--------|--------------------------------------------|
|   |                                       |
|   |                                       |
|   | /s/  John Chieffo                          |
|        |                                            |
|   |                                       |
|   | Name:  John Chieffo                   |
|   | Title:  Chief Financial Officer       |
|   | Pruco Life Insurance Company of New Jersey |

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.

30

----
----

|   | (i) | the accompanying Annual Report on Form 10-K of the Company for the year ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Date:  | April 1, 2011 |                                                     | By:  | /s/ Kevin J. Bratton |
|-------------|---------------|----------------------------------------------------------|-----------|----------------------|
|        |          | Kevin J. Bratton                                         |
|        |          | Vice President—Finance and Chief Financial Officer |

----
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000828191
<NAME> 88B
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         158,339
<SECURITIES>                                         0
<RECEIVABLES>                                  137,219
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               295,558
<PP&E>                                       7,130,954
<DEPRECIATION>                               6,103,075
<TOTAL-ASSETS>                               1,323,437
<CURRENT-LIABILITIES>                           24,434
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,299,003
<TOTAL-LIABILITY-AND-EQUITY>                 1,323,437
<SALES>                                        288,612
<TOTAL-REVENUES>                               290,704
<CGS>                                                0
<TOTAL-COSTS>                                  118,857
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                171,847
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            171,847
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   171,847
<EPS-BASIC>                                      19.00
<EPS-DILUTED>                                        0


</TABLE>
Ex-10.9



 






Exhibit 10.9




SUMMARY OF NAMED EXECUTIVE OFFICER COMPENSATION




     Current Annual Base Salaries. The Compensation Committee (the “Committee”) of the Board of
Directors of Wolverine Tube, Inc. (the “Company”) has approved the following 2006 annual base
salaries for the Chief Executive Officer and the other executive officers named in the Company’s
proxy statement for the 2006 Annual Meeting of Stockholders (collectively, the “named executive
officers”):



	 	 	 	 	 
	 	 	Current Annual
	Name and Position	 	Base Salary(1)
	Johann R. Manning, Jr.
	 	$	450,000	 
	President and Chief Executive Officer
	 	 	 	 
	 
	 	 	 	 
	James E. Deason
	 	$	283,700	 
	Senior Vice President, Chief
Financial Officer and Secretary
	 	 	 	 
	 
	 	 	 	 
	Keith I. Weil
	 	$	238,700	 
	Senior Vice President, International
And Strategic Development
	 	 	 	 
	 
	 	 	 	 
	Garry K. Johnson
	 	$	212,000	 
	Senior Vice President, Sales
	 	 	 	 
	 
	 	 	 	 
	Allan J. Williamson
	 	$	135,960	 
	Corporate Controller
	 	 	 	 









 




			
	(1)	 	In the case of the President and CEO, effective December 9, 2005. All others
were effective July 1, 2006.





52









 





     Performance Criteria for 2006 Bonus Awards. On April 5, 2006, the Committee established
2006 performance measures and bonus level opportunities under the Wolverine Tube, Inc. Annual
Performance Incentive Plan (the “Plan”) for the named executive officers. The Committee determined
that fiscal year 2006 bonuses under the Plan would be based solely on an overall Company
consolidated financial performance measure: corporate earnings before interest, taxes, depreciation
and amortization (EBITDA). The Committee established 2006 bonus levels for the Chief Executive
Officer ranging up to 117% of his base salary, and for the other named executive officers up to 70%
of base salary, in all cases based on the extent to which performance goals are achieved. In the
event that the performance goal associated with the maximum bonus level is exceeded, the bonus
payouts will increase on a pro-rata basis beyond the maximum percentages noted above.



     Other. The named executive officers also participate in the Company’s executive and regular
benefit plans, programs and arrangements, including retirement and 401(k) plans, equity incentive
plans and other plans, programs and arrangements as disclosed in the Company’s proxy statement for
the 2006 Annual Meeting of Stockholders and in other exhibits to the Company’s filings with the
Securities and Exchange Commission.




53
# Fourth Court of Appeals

**San Antonio, Texas**

JUDG MENT

No. 04

- 19

- 00454

- CV

DAVIS LAW FIRM

, Appellant

v.

Sara UDELL and APOLLO MANAGING GENE RAL AGENCY

, Appellees

From the County Court at Law No. 3, Bexar County, Texas

Trial Court No. 2017CV06581

Honorable David J. Rodriguez, Judge Presiding

BEFORE CHIEF JUSTICE MARION

, JUSTICE WATKINS , AND JUSTICE RODRIGUEZ

In accordance with this court’s opinion of this date, the motion to dismiss is GRANTED

and this appeal is DISMISSED.

We orde r that appellees Sara Udell and Apollo Managing General Agency recover their

costs of this appeal, if any, from appellant Davis Law Firm.

SIGNED September 25, 2019.

_________________________________ Beth Watkins , Justice