alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The Honorable D. Brook Bartlett, Chief Judge, United States District Court for 1

the Western District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-1106

_____________

Myron Koerner, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the 

* Western District of Missouri.

Marvin T. Runyon, Postmaster General *

of the United States Postal Service, * [UNPUBLISHED]

*

Appellee. *

_____________

Submitted: June 12, 1997

Filed: June 24, 1997

_____________

Before BOWMAN, FLOYD R. GIBSON, and MORRIS SHEPPARD ARNOLD,

Circuit Judges.

_____________

PER CURIAM.

Myron Koerner, the plaintiff below, appeals the order of the District Court1

granting the motion of the defendant, the Postmaster General, for summary judgment

in this action brought under the Rehabilitation Act of 1973, 29 U.S.C. §§ 701-797b

(1994). Koerner challenges the court's decision in a variety of ways. Having reviewed

the case, we conclude that the District Court did not err. Koerner has offered no 
-2-

evidence to show that he is "otherwise qualified" for either of the existing positions in

question or that reasonable accommodation is possible. We reject as legally meritless

his argument that the Postal Service had a duty to create for him a position comparable

to the high-level management position he once held. Similarly, he has shown no basis

upon which a court could find that he was a victim of unlawful discrimination.

Accordingly, the order of the District Court is

AFFIRMED. See 8th Cir. Rule 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.1

            CERTIFICATION PURSUANT TO SECTION 906
              OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the quarterly report of Paramco
Financial Group, Inc. (the "Company") on Form 10-QSB for the
period ended June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I,
Douglas G. Gregg, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

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

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

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



Date:  August 19, 2003        By:   /s/  Douglas G. Gregg
                                   -----------------------
                              Douglas G. Gregg
                              Chief Executive Officer
Exhibit 32.2

CERTIFICATION  Pursuant to 18 United States Code § 1350

The undersigned hereby certifies that the Quarterly Report on Form 10-Q for the period ended June 30, 2002 of North American Van
Lines, Inc. (the "Company") filed with the Securities and Exchange Commission on the date hereof 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 report fairly presents, in all material respects, the financial condition and results of operations of the Company.

| |  | /s/ Joan E. RyanJoan E. Ryan
Chief Financial Officer
November 21, 2003
| |  | ----------------------------------------------------------------------

---

QuickLinks
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




The
undersigned hereby certifies, in his capacity as an officer of Sabre Industrial,
Inc. (the “Company”), for the purposes of 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of
his knowledge:





(1)
 The Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended
September 30, 2010 (the “Report”) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





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




Dated:  November
15, 2010




/s/
Mingxia Yuan





Name:
Mingxia Yuan


Title:
Chief Financial Officer


(principal
financial officer and principal accounting officer)




This
certification accompanies each Report pursuant to § 906 of the 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 §18 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.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 60755 Summary Calendar

SOLOMON AYOR ,
Petitioner

v. LORETTA LYNCH, U.S. ATTORNEY GENERAL , Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A200 239 080

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM: * Solomon Ayor petitions for review of the Board of Immigration Appeals’s (BIA’s) denial of his second motion to reopen his immigration proceedings . The
BIA determined that the evidence Ayor adduc ed in support of his otherwise untimely and number

- barred m otion failed to establish a material change in country conditions for Christians in Nigeria that affected his eligibility for any form of relief. We review the BIA’s denial for abuse of discretion and its factual

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 8, 2016 Lyle W. Cayce Clerk Case: 14-60755 Document: 00513410705 Page: 1 Date Filed: 03/08/2016N o. 14

- 60755

2 findings for substantial evidence. Panjwani v. Gonzale s, 401 F.3d 626, 632 (5th Cir. 2005). Ayor argues that the BIA’ s decision was arbitrary insofar as it failed to identify any deficiency from which his motion purportedly suffered under the applicable regulations. The BIA, however, specified that his motion had not been shown to qualify for 8 U.S.C. § 1003.2(c)(3)(ii)’s exception to the time and numerical limitations because its supporting evi dence did not reflect

mat erially changed circumstances arising in Nigeria. Addressing the q uality of the evidence , the BIA recognized that Ayor did not submit a State Department Country R eport. Ayor now asks us to take judici al notice of the
2012 and 201 3 C ount ry R eports. While we may take judicia l notice of the “most current” Country R eport, Shehu v. Gonzales , 443 F.3d 435, 438 (5th Cir. 2006),
the 2012 and 2013 Country R eports are not current, and we cannot consider evidence that Ayor failed to adduce and that the BIA did not consider. See
8 U.S.C. § 1252(b)(4)(A) ; Kane v. Holder, 581 F.3d 231, 242 (5th Cir. 2009). Ayor further faults the BIA ’s characterization of his evidence as demonstrating a mere continuation of repressive practices versus evidenc e of a material change. I n determining whether there has been a material change in country conditions, the BIA compares the evidence of country conditions
submitted with the motion to those that existed at the ti me of the merits hearing below. In re S

- Y

- G , 24 I & N Dec. 247, 253 (BIA 2007)

. Ou r review of
the record reveals that substantial evidence supports the BIA’s determination that Ayor’s evidence failed to demonstrate a material change in country conditions when compared t o those that existed at the time of his removal hearing; therefore, it did not abuse its discretion in denying his motion. See Panjwani , 401 F.3d at 632. PETITION DENIED. Case: 14-60755 Document: 00513410705 Page: 2 Date Filed: 03/08/2016
CONSENT



We have issued our reports dated January 29, 1999, except for Note C for which
the date is March 31, 1999, accompanying the consolidated financial statements
and schedule of LarsonoDavis Incorporated included in the Annual Report of
LarsonoDavis Incorporated on Form 10-K for the year ended December 31, 1998.  We
hereby consent to the incorporation by reference of said reports in the
Registration Statements of LarsonoDavis Incorporated on Forms S-3 (File No. 333-
1505, effective March 22, 1996; File No. 333-6527, effective August 2, 1996;
File No. 333-29923, effective October 3, 1997; and File No. 333-49989, effective
May 29, 1998) and on Forms S-8 (File No. 33-44784, filed December 30, 1991; File
No. 33-35751, filed July 5, 1990; File No. 333-24553, filed April 4, 1997; and
File No. 333-38919, filed October 28, 1997).

/s/ Grant Thornton LLP

GRANT THORNTON LLP


Provo, Utah
January 29, 1999, except for Note C for which
     the date is March 31, 1999
§ 682.707 Appeals in a limitation or termination proceeding. ( a ) If the lender, third-party servicer, or designated Departmental official appeals the initial decision of the presiding officer in accordance with § 682.706(b)(10)— ( 1 ) An appeal is made to the Secretary by submitting to the Secretary and the opposing party within 15 days of the date of the appealing party's receipt of the presiding officer's decision, a brief or other written material explaining why the decision of the presiding officer should be overturned or modified; and
( 2 ) The opposing party shall submit its brief or other written material to the Secretary and the appealing party within 15 days of its receipt of the brief or written material of the appealing party.
( b ) The Secretary issues a final decision affirming, modifying, or reversing the initial decision, including a statement of the reasons for the Secretary's decision.
( c ) Any party submitting material to the Secretary shall provide a copy to each party that participates in the hearing.
( d ) If the presiding officer's initial decision would limit or terminate the lender's or servicer's eligibility, it does not take effect pending the appeal unless the Secretary determines that a stay of the date it becomes effective would seriously and adversely affect the FFEL programs or student or parent borrowers.
(Authority: 20 U.S.C. 1080, 1082, 1085, 1094)
[57 FR 60323, Dec. 18, 1992, as amended at 59 FR 22458, Apr. 29, 1994; 66 FR 34765, June 29, 2001]
```

[Federal Register: January 5, 2010 (Volume 75, Number 2)]
[Notices]               
[Page 346-347]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja10-40]                         

-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

 
Proposed Subsequent Arrangement

AGENCY: Office of International Regimes and Agreements, Department of 
Energy.

ACTION: Subsequent arrangement.

-----------------------------------------------------------------------

SUMMARY: This notice has been issued under the authority of Section 131 
of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160). The 
Department is providing notice of a proposed subsequent arrangement 
under the

[[Page 347]]

Agreement for Cooperation Between the United States of America and the 
Government of Canada Concerning Peaceful Uses of Nuclear Energy and the 
Agreement Between the United States and the Government of Japan 
Concerning Peaceful Uses of Nuclear Energy.
    This subsequent arrangement concerns the retransfer of 28,409 kg of 
U.S.-origin natural uranium dioxide, 25,000 kg of which is uranium, 
from Cameco in Ontario, Canada to Global Nuclear Fuels in Kanakawa-ken, 
Japan. The material, which is currently located at Cameco, Port Hope, 
Ontario, will be transferred to Global Nuclear Fuel, Kanakawa-ken, 
Japan to be fabricated into fuel pellets and used by Electric Power 
Development Co, Ltd., Tokyo, Japan. The material was originally 
obtained by Cameco from Crowe Butte Resources Inc. pursuant to export 
license XSOU8798.
    In accordance with Section 131 of the Atomic Energy Act of 1954, as 
amended, we have determined that this subsequent arrangement is not 
inimical to the common defense and security. This subsequent 
arrangement will take effect no sooner than fifteen days after the date 
of publication of this notice.

    Dated: December 31, 2009.

    For the Department of Energy.
Richard Goorevich,
Director, Office of International Regimes and Agreements.
[FR Doc. E9-31370 Filed 1-4-10; 8:45 am]

BILLING CODE 6450-01-P
```
#### § 646.5 How long is a project period?

A project period under the Student Support Services program is five years.

(Authority: 20 U.S.C. 1070a-11)

[75 FR 65790, Oct. 26, 2010]
<PAGE>

                                                                    EXHIBIT 99.1

                                  CERTIFICATION

                  Pursuant to Section 906 of the Public Company Accounting
Reform and Investor Protection Act of 2002 (18 U.S.C. Section 1350, as
adopted), Henry J. Fuchs, M.D. the Chief Executive Officer of IntraBiotics
Pharmaceuticals, Inc. (the "Company"), and Eric H. Bjerkholt, the Chief
Financial Officer of the Company, each hereby certifies that, to the best of his
knowledge:

         1.       The Company's Quarterly Report on Form 10-Q for the period
         ended March 31, 2003, to which this Certification is attached as
         Exhibit 99.1 (the "Periodic Report"), fully complies with the
         requirements of Section 13(a) or Section 15(d) of the Securities
         Exchange Act of 1934, as amended; and

         2.       The information contained in the Periodic Report fairly
         presents, in all material respects, the financial condition of the
         Company at the end of the period covered by the Periodic Report and
         results of operations of the Company for the period covered by the
         Periodic Report.

Dated: May 14, 2003

/s/ Henry J. Fuchs                                     /s/ Eric H. Bjerkholt
-----------------------                                -----------------------
Henry J. Fuchs, M.D.                                   Eric H. Bjerkholt
Chief Executive Officer                                Chief Financial Officer

Note: This certification "accompanies" the Form 10-Q to which it relates, it is
not deemed filed with the SEC and is not to be incorporated by reference into
any filing of the company under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-Q), irrespective of any general incorporation language
contained in such filing.
### §653. Disbursing officer misusing public funds

Whoever, being a disbursing officer of the United States, or any department or agency thereof, or a person acting as such, in any manner converts to his own use, or loans with or without interest, or deposits in any place or in any manner, except as authorized by law, any public money intrusted to him; or, for any purpose not prescribed by law, withdraws from the Treasury or any authorized depositary, or transfers, or applies, any portion of the public money intrusted to him, is guilty of embezzlement of the money so converted, loaned, deposited, withdrawn, transferred, or applied, and shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned not more than ten years, or both; but if the amount embezzled is $1,000 or less, he shall be fined under this title or imprisoned not more than one year, or both.

(June 25, 1948, ch. 645, 62 Stat. 728; Pub. L. 103–322, title XXXIII, §330016(1)(H), (2)(G), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, §606(a), Oct. 11, 1996, 110 Stat. 3511.)

#### Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §173 (Mar. 4, 1909, ch. 321, §87, 35 Stat. 1105; May 29, 1920, ch. 214, §1, 41 Stat. 654).

Words "or any department or agency thereof," were inserted after "United States" so as to eliminate any possible ambiguity as to scope of section. (See definitive section 6 of this title.)

The smaller punishment for an offense involving $100 or less was added. (See reviser's note under sections 641, 645 of this title.)

Minor changes were made in phraseology.

#### **Editorial Notes**

#### Amendments

1996—Pub. L. 104–294 substituted "$1,000" for "$100".

1994—Pub. L. 103–322, §330016(2)(G), substituted "shall be fined under this title or not more than the amount embezzled, whichever is greater, or imprisoned" for "shall be fined not more than the amount embezzled or imprisoned".

Pub. L. 103–322, §330016(1)(H), substituted "fined under this title" for "fined not more than $1,000" after "he shall be".
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 238

 233

 240

 253

 257

 262

 243

 222

 235

 241

 216

 189

 195

 204

 197

 176

 185

 163

 161

 175

 165

 182

 214

 233

 296

 248

 213

 192

 244

 183

 162

 181

 193

 187

 174

 165

 165

 167

 167

 160

 136

 137

 138

 131

 131

 128

 124

 116

 116

 119

 120

 109

 103

 94

 96

 104

 112

 110

 114

 120

 101

 109

 201

 207

 207

 201

 190

 190

 187

 182

 183

 168

 159

 153

 146

 148

 143

 137

 135

 134

 135

 141

 128

 129

 127

 126

 142

 137

 137

 136

 165

 139

 129

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

MAY 2019 WATER QUALITY REPORT RUN DATE:June 3, 2019

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 140

 144

 144

 140

 133

 133

 132

 128

 129

 120

 114

 111

 106

 107

 104

 101

 99

 99

 99

 103

 95

 96

 94

 94

 104

 101

 101

 100

 118

 102

 96

TOTAL 4,842

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT HEADWORKS
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 788

 796

 764

 800

 805

 804

 822

 834

 830

 813

 787

 816

 838

 821

 870

 889

 869

 868

 919

 890

 889

 854

 884

 859

 860

 829

 903

 874

 877

 962

 929

 560

 551

 570

 583

 595

 591

 597

 656

 651

 646

 627

 622

 621

 610

 609

 613

 616

 610

 642

 669

 672

 661

 644

 650

 648

 627

 644

 576

 606

 632

 636

 649

 654

 654

 680

 676

 674

 693

 736

 734

 737

 718

 729

 734

 717

 741

 759

 750

 727

 774

 769

 769

 748

 761

 783

 747

 738

 739

 708

 710

 739

 736

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

DECEMBER 2020 WATER QUALITY REPORT RUN DATE:February 2, 2021

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 417

 420

 420

 436

 434

 433

 444

 471

 470

 471

 460

 467

 470

 459

 474

 485

 480

 465

 494

 491

 491

 478

 486

 500

 478

 472

 473

 454

 455

 473

 471

TOTAL 22,483

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT HEADWORKS
# Official Journal C 158A/2006

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 158A |
| | |
| English edition | Information and Notices | Volume 497 July 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 158A

English edition

Information and Notices

Volume 497 July 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 158A/1 | Common catalogue of varieties of vegetable species — fourth supplement to the 24th complete edition | 1 |
| 2006/C 158A/2 | Common catalogue of varieties of vegetable species — fifth supplement to the 24th complete edition | 23 |

Notice No

Contents

page

I   Information

Commission

2006/C 158A/1

Common catalogue of varieties of vegetable species — fourth supplement to the 24th complete edition

1

2006/C 158A/2

Common catalogue of varieties of vegetable species — fifth supplement to the 24th complete edition

23

---

| | Corrigenda |
| --- | --- |
| 2006/C 158A/3 | Corrigendum to Common catalogue of agricultural plant species — 24th complete edition (OJ C 68 A, 21.3.2006) | 41 |

Corrigenda

2006/C 158A/3

Corrigendum to Common catalogue of agricultural plant species — 24th complete edition (OJ C 68 A, 21.3.2006)

41

---

| EN | |
| --- | --- |

EN
### Part C—Uruguay Round Implementation and Dispute Settlement
§ 606.12 What must be included in individual development grant applications? In addition to the information needed by the Secretary to determine whether the institution should be awarded a grant under the funding criteria contained in subpart C, an application for a development grant must include— ( a ) The institution's comprehensive development plan;
( b ) A description of the relationship of each activity for which grant funds are requested to the relevant goals and objectives of its plan;
( c ) A description of any activities that were funded under previous development grants awarded under the Developing Hispanic-Serving Institutions Program that expired within five years of when the development grant will begin and the institution's justification for not completing the activities under the previous grant, if applicable;
( d ) If the applicant is applying to carry out more than one activity— ( 1 ) A description of those activities that would be a sound investment of Federal funds if funded separately;
( 2 ) A description of those activities that would be a sound investment of Federal funds only if funded with the other activities; and
( 3 ) A ranking of the activities in preferred funding order.
(Approved by the Office of Management and Budget under control number 1840-0114) (Authority: 20 U.S.C. 1101 *et seq.*)
[64 FR 70147, Dec. 15, 1999. Redesignated at 85 FR 59981, Sept. 23, 2020]