alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-20113

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

PEDRO GABRIEL COLLAZO-ALICEA, also known as Frank, also known as

Bonifacio Gomez,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:07-CR-157-1

Before KING, JOLLY, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Pedro Gabriel Collazo-Alicea (Collazo)

has moved for leave to withdraw and has filed a brief in accordance with Anders

v. California, 386 U.S. 738 (1967). Collazo has filed a response. Our

independent review of the record, counsel’s brief, and Collazo’s response

discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for

United States Court of Appeals

Fifth Circuit

F I L E D

December 15, 2009

Charles R. Fulbruge III

Clerk
No. 09-20113

2

leave to withdraw is GRANTED, counsel is excused from further responsibilities

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.
Project No. EXPERTSTATEMENT on the explosive properties of Expertstatement by:

Date of issue March 31 ,2008 Sponsor

STATEMENT From the structural formula of it can be concluded that the substance is not explosive. The substance not have the functional groups associated with explosive properties orchemical instability. Therefore it can be concluded beyond reasonable doubt that incapable ofcausing explosions by action of external heating sources.

Date: 

## 3.1. 03-

# L00J !f. ) Date: -' " is
### §410rr–3. Administration

The Secretary shall administer the park in accordance with the provisions of this subchapter and the provisions of law generally applicable to the administration of units of the National Park System, including the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4),1 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7).1

(Pub. L. 101–313, title II, §204, June 27, 1990, 104 Stat. 279.)

#### **Editorial Notes**

#### References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–7), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.
### §407bb. Establishment

#### (a) In general

The Secretary of the Interior (hereafter in this subchapter referred to as the "Secretary") shall establish The National Constitution Center (hereafter in this subchapter referred to as the "Center") within or in close proximity to the Independence National Historical Park. The Center shall disseminate information about the United States Constitution on a nonpartisan basis in order to increase the awareness and understanding of the Constitution among the American people.

#### (b) Functions of Center

The functions of the Center shall include—

(1) serving as a center of exhibits and related materials on the history and contemporary significance of the Constitution;

(2) directing a national program of public education on the Constitution; issuing traveling exhibits, commissioning radio and television programs, furnishing materials for the schools, and providing other education services;

(3) functioning as an intellectual center, drawing both academics and practitioners to debate and refine constitutional issues and, at the same time, providing intellectual support for the Center's exhibits and public education program; and

(4) creating archives for programs on the bicentennial of the United States Constitution.

(Pub. L. 100–433, §3, Sept. 16, 1988, 102 Stat. 1640.)
Exhibit 13.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER OR EQUIVALENT

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

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The certification set forth below is being submitted in connection with the
Annual Report of Hitachi, Ltd. on Form 20-F for the fiscal year ended March 31, 2009 (the Report) pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended (the Exchange Act) for the purpose
of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Exchange Act and Section 1350 of Chapter 63 of Title 18 of the United States Code.

Takashi Kawamura, Chairman, President and Chief Executive Officer of Hitachi, Ltd., certifies that, to the best of his knowledge:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act; and
| | --- | --------------------------------------------------------------------------------------------------



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



|                       |  |     |  |                                                                 
|---------------------- |  | --- |  | ----------------------------------------------------------------
|Date:    July 27, 2009 |  | By: |  | /s/ Takashi Kawamura                                            
|                       |  |     |  | Name:         Takashi Kawamura                                  
|                       |  |     |  | Title:           Chairman, President and Chief Executive
Officer
Exhibit 32.1

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 on Form 10-QSB of Quotemedia, Inc. (the Company)
for the quarterly period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, R. Keith Guelpa, Chief Executive Officer of the Company, certify, to my best knowledge and belief,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 (15 U.S.C. 78m(a) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                    
|----------------------- |  | -------------------
|                        | 
|By:                     |  | /s/ R. Keith Guelpa
|R. Keith Guelpa        
|Chief Executive Officer
|August 10, 2006
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DECEMBER NINE COMPANY, LTD.,

D/B/A PEOPLECARE, 

 Appellant,

v.

MARJORIE HERNANDEZ,

INDIVIDUALLY, AS SURVIVING

MOTHER OF LORRAINE LOPEZ,

DECEASED, AND ON BEHALF OF

THE ESTATE OF LORRAINE LOPEZ, 

 Appellee.

§

§

§

§

§

 § 

§

§

§

No. 08-10-00341-CV

Appeal from the

205th Judicial District Court

of El Paso County, Texas 

(TC# 2008-3358)

MEMORANDUM OPINION

Pending before the Court is Appellant’s motion for voluntary dismissal of this appeal. 

See TEX.R.APP.P. 42.1(a)(1). The motion is granted, and this appeal is dismissed. Costs of

appeal are assessed against Appellant. See TEX.R.APP.P. 42.1(d).

April 13, 2011

DAVID WELLINGTON CHEW, Chief Justice

Before Chew, C.J., McClure, and Rivera, JJ.
### §4408. Restoration, management, and protection of wetlands and habitat for migratory birds on Federal lands

The head of each Federal agency responsible for acquiring, managing, or disposing of Federal lands and waters shall, to the extent consistent with the mission of such agency and existing statutory authorities, cooperate with the Director of the United States Fish and Wildlife Service to restore, protect, and enhance the wetland ecosystems and other habitats for migratory birds, fish, and wildlife within the lands and waters of each such agency.

(Pub. L. 101–233, §9, Dec. 13, 1989, 103 Stat. 1976.)
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with the quarterly report of The SCO Group, Inc. (the “Company”) onForm 10-Q, for the three months ended January 31, 2004, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, BertB. Young, Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002 that:

 

1.                                       The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

2.                                       The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| By:    | /s/ Bert B. Young       |   |   |
|--------|-------------------------|--------|--------|
|   | Bert B. Young           |   |
|   | Chief Financial Officer |   |
|   |                    |   |
|   |                    |   |
| Date:  | April 1, 2005           |   |

 

----
### §460a–5. Acquisition of land contiguous to Blue Ridge or Natchez Trace Parkways

In order to consolidate, on the Blue Ridge Parkway and the Natchez Trace Parkway, the land forming each such parkway, to adjust ownership lines, and to eliminate hazardous crossings of and accesses to these parkways, the Secretary of the Interior is authorized to acquire, by purchase or exchange, land and interests in land contiguous to the parkways. In consummating exchanges under this section, the Secretary may transfer parkway land, interests therein, and easements: Provided, That the property rights so exchanged shall be approximately equal in value.

(Pub. L. 87–76, June 30, 1961, 75 Stat. 196.)

#### **Statutory Notes and Related Subsidiaries**

#### Blue Ridge Parkway and Town of Blowing Rock Land Exchange

Pub. L. 111–167, May 24, 2010, 124 Stat. 1188, known as the Blue Ridge Parkway and Town of Blowing Rock Land Exchange Act of 2009, provided for land exchange between the National Park Service and the Town of Blowing Rock, North Carolina, by requiring the Secretary of the Interior to exchange approximately 20 acres of land within the boundary of the Blue Ridge Parkway, known as Blowing Rock Reservoir, for approximately 192 acres of land owned by the Town, known as Town of Blowing Rock Exchange Lands, not later than three years after May 24, 2010, and subject to applicable laws and certain terms and conditions and to equalization of land values, adjustment of the boundary of the Blue Ridge Parkway, administration of lands acquired by the Secretary, and future disposition of the reservoir property.

#### Land Exchange in Great Smoky Mountains National Park

Pub. L. 108–108, title I, §138, Nov. 10, 2003, 117 Stat. 1271, known as the Eastern Band of Cherokee Indians Land Exchange Act of 2003, provided for land exchange between National Park Service and Eastern Band of Cherokee Indians, by directing Secretary of the Interior to exchange the Ravensford tract, in the Great Smoky Mountains National Park and the Blue Ridge Parkway, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway; stated congressional findings and purposes for such land exchange; contained descriptions and provision relating to treatment of exchanged lands; set forth implementation process; and prohibited gaming on the Ravensford tract.
FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 5D21-2923

LT Case No. 2020-CF-001090-A

_____________________________

MELISA ANN STRONG,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Citrus County.

Richard A. Howard, Judge.

Melisa Ann Strong, Quincy, pro se.

Matthew J. Metz, Public Defender, and Natalie R. Gossett, 

Assistant Public Defender, Daytona Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Alyssa Marie

Williams, Assistant Attorney General, Daytona Beach, for 

Appellee.

October 10, 2023

PER CURIAM.

 AFFIRMED. See Kaiser v. State, 322 So. 3d 696 (Fla. 4th DCA 

2021).

EDWARDS, C.J., JAY, and BOATWRIGHT, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
### §470x–6. Repealed. Pub. L. 113–287, §7, Dec. 19, 2014, 128 Stat. 3272

Section, Pub. L. 89–665, title IV, §407, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4768, related to National Park Service preservation. See section 305306 of Title 54, National Park Service and Related Programs.
IN THE COURT OF APPEALS OF TENNESSEE

AT KNOXVILLE

July 23, 2015 Session

EWIN B. JENKINS ET AL. V. BIG CITY REMODELING ET AL.

Appeal from the Circuit Court for Sevier County

No. 13-CV-296-IV O. Duane Slone, Judge

No. E2014-01612-COA-R3-CV-FILED-SEPTEMBER 29, 2015

 _________________________________

CHARLES D. SUSANO, JR., C.J., concurring in part and dissenting in part.

What was the proximate cause of the fire and explosion that led to this lawsuit? 

That was the central question before the trial court. The plaintiffs‟ theory on this subject 

is correctly set forth in the majority‟s opinion:

. . . [the plaintiffs] asserted that Flooring Subcontractors [(the 

subcontractors)] allowed flammable rags to remain on or near 

the exterior deck and also smoked cigarettes in the area. As 

claimed by [the plaintiffs], the improper disposal of cigarette 

butts resulted in the stain-soaked rags igniting, thereby 

causing the fire.

The subcontractors were on the construction site to “stain[ ] . . . the hardwood floors.” 

In my judgment, the problem in this case is an absence of evidence showing a 

nexus between the subcontractors‟ conduct – negligent as it certainly was – and the fire. 

In a negligence claim, there must be evidence of “causation in fact,” sometimes 

referred to as “but for” causation. King v. Anderson Cnty., 419 S.W.3d 232, 246 (Tenn. 

2013). In the case at bar, the plaintiffs were required to present evidence showing that 

“but for” the negligence of the subcontractors, there would not have been a fire. The 

majority is correct when it says “[the plaintiffs‟] expert witness testified that the 

spontaneous combustion of flammable rags could have caused the fire.” (Emphasis 

added.) I agree; however, the word “could” involves a “possibility” while “but for 

causation” requires “more likely than not” evidence. A possibility is not enough to make 

out a genuine issue of material fact.

Regrettably, the record does not contain evidence to support “but for” causation. 

We do not know why the house caught on fire.
2

I concur in the trial court‟s determination that Big City Remodeling is entitled to 

summary judgment on its “own negligence and res ipsa loquitur.” (Italics in majority 

opinion.) I would affirm the trial court‟s grant of summary judgment as to the 

subcontractors. As a consequence of my decision as to the subcontractors, I would also 

affirm the trial court‟s grant of summary judgment to Big City Remodeling on the 

plaintiffs‟ theory of its culpability under an “implied duty contained in the construction 

contract to perform the work „skillfully, carefully, diligently, and in a workmanlike 

manner.‟ ” 

Accordingly, I concur in part and respectfully dissent in part.

 _____________________________________

 CHARLES D. SUSANO, JR., CHIEF JUDGE
### §459f–11. Comprehensive plan for protection, management, and use of seashore

#### (a) Contents; transmittal to Congressional committees

Within two years of October 21, 1976, the Secretary shall develop and transmit to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives a comprehensive plan for the protection, management, and use of the seashore, to include but not be limited to the following considerations:

(1) measures for the full protection and management of the natural resources and natural ecosystems of the seashore;

(2) present and proposed uses of the seashore and the lands and waters adjacent or related thereto, the uses of which would reasonably be expected to influence the administration, use, and environmental quality of the seashore;

(3) plans for the development of facilities necessary and appropriate for visitor use and enjoyment of the seashore, with identification of resource and user carrying capacities, along with the anticipated costs for all proposed development;

(4) plans for visitor transportation systems integrated and coordinated with lands and facilities adjacent to, but outside of, the seashore; and

(5) plans for fostering the development of cooperative agreements and land and resource use patterns outside the seashore which would be compatible with the protection and management of the seashore.

#### (b) Consultation by other Federal agencies with Secretary

Notwithstanding any other provision of law, no Federal loan, grant, license, or other form of assistance for any project which, in the opinion of the Secretary would significantly adversely affect the administration, use, and environmental quality of the seashore shall be made, issued, or approved by the head of any Federal agency without first consulting with the Secretary to determine whether or not such project is consistent with the plan developed pursuant to this section and allowing him at least thirty days to comment in writing on such proposed action.

(Pub. L. 89–195, §12, as added Pub. L. 94–578, title III, §301, Oct. 21, 1976, 90 Stat. 2733.)

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Committee on Interior and Insular Affairs of the Senate abolished and replaced by Committee on Energy and Natural Resources of the Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution No. 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved Feb. 4, 1977.

Committee on Interior and Insular Affairs of the House of Representatives changed to Committee on Natural Resources of the House of Representatives on Jan. 5, 1993, by House Resolution No. 5, One Hundred Third Congress.
<PAGE>

                               HAWAIIAN AIRLINES, INC.
                          AMENDMENT NO. 2 TO WARRANT FOR THE
                          PURCHASE OF SHARES OF COMMON STOCK


     The Warrant evidenced by Hawaiian Airlines, Inc.  Warrant Certificate No.
23, as amended by Amendment No. 1 to Warrant for the Purchase of Shares of
Common Stock, dated as of December 17, 1996, is hereby further amended as
follows:

     Section 1(d) is deleted in its entirety and replaced with the following:

          (d)  This Warrant may not be exercised until the Implementation Date
     of the Code Sharing Agreement, dated July 15, 1997 (the "Code Sharing
     Agreement"), by and between American Airlines, Inc., a wholly-owned
     subsidiary of AMR Corporation ("American"), and Hawaiian.  For purposes of
     this Amendment No. 2 only, the "Implementation Date" shall be the earliest
     date agreed to or requested by American for the commencement of the
     rights and obligations of American and Hawaiian under the Code Sharing
     Agreement, with such agreement or request being evidenced by a copy of
     written notice from American to Hawaiian agreeing to or requesting an
     Implementation Date.

     The above amendment makes the Warrant exercisable at the option of the
holder thereof in whole or in part at any time, and from time to time, from and
after the Implementation Date, as defined above, to any date which is on or
before September 11, 2001.


<PAGE>

     IN WITNESS THEREOF, Hawaiian Airlines, Inc., as issuer of the Warrant, and
AMR Corporation, as holder of the Warrant on the date hereof, have caused this
Amendment No. 2 to be duly executed as of July 15, 1997 and effective as of
December 31, 1996.


                                             HAWAIIAN AIRLINES, INC.


                                             By:
                                                --------------------------------
                                                Paul J. Casey
                                                President and Chief Executive
                                                Officer


                                             By:
                                                --------------------------------
                                                John L. Garibaldi
                                                Chief Financial Officer


ATTEST:


--------------------------------
Name:  Michael J. McQuay
Title: Exec. V.P. & Chief Operating
       Officer

                                             AMR CORPORATION


                                             By

                                                --------------------------------
                                                Gerard J. Arpey
                                                Senior Vice President
                                                  and Chief Financial Officer


ATTEST:


--------------------------------
Charles D. MarLett
Corporate Secretary