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

 U.S. COURT OF APPEALS

 ELEVENTH CIRCUIT 

 April 29, 2005 

 THOMAS K. KAHN 

 CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 03-15357

________________________

D. C. Docket No. 02-60403 CV-DLG

MICHAEL A. PUSKAC,

Petitioner-Appellant,

versus

SECRETARY FOR THE DEPARTMENT OF CORRECTIONS,

James Crosby,

Respondent-Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(April 29, 2005)
2

Before BLACK, MARCUS and FAY, Circuit Judges.

PER CURIAM:

Petitioner Michael Puskac is a state prisoner who is currently incarcerated

for grand theft. He was initially convicted of both burglary and grand theft,

however his burglary charge has been dismissed. Pursuant to 28 U.S.C. § 2254,

Puskac filed a petition for habeas corpus in federal district court. Puskac argued,

inter alia, that his counsel was constitutionally deficient. 

The district court denied relief and granted a certificate of appealability

(COA) on the following ineffective-assistance-of-counsel claims: (1) failure to

adequately move for judgment of acquittal; (2) failure to investigate the value of

the stolen items; (3) failure to object to the jury instruction concerning the

burglary charge; and (4) failure to file a motion to recuse and/or petition for writ

of mandamus when a continuance was denied. Puskac moved to expand the COA,

and this Court granted the motion on the following issue only: “Whether the

district court erred in denying as a state law issue not cognizable in a 28 U.S.C.

§ 2254 petition appellant’s claim that ‘[h]e received an illegal sentence when the

court dismissed the burglary charge, because nothing was left to support the

charge of grand theft.’” We have reviewed the record and the arguments, and we

conclude the district court did not err in denying Puskac’s federal habeas petition.

AFFIRMED.
### §1436. Restriction on disclosure of information

Nothing in this chapter shall authorize the disclosure of any information or knowledge in any case in which such disclosure (1) is prohibited by any other law of the United States, or (2) is inconsistent with the security of the United States.

(Jan. 27, 1948, ch. 36, title X, §1003, 62 Stat. 13.)
#### § 404.2119 Method of payment.

Payment to the State VR agencies pursuant to this subpart will be made either by advancement of funds or by payment for services provided (with necessary adjustments for any overpayments and underpayments), as decided by the Commissioner.

[83 FR 62458, Dec. 4, 2018]
#### § 325.5 Death of employee.

If an employee dies before filing one or more of the required forms, the form or forms may be filed by or in behalf of the person or persons to whom benefits would be payable pursuant to section 2(g) of the Act. Such form or forms shall be filed within the time prescribed in § 325.3. Under these circumstances, the word “employee”, as used in this part, shall include the individual or individuals by or in behalf of whom the form is filed.
§ 771.97 Powers. Administrative law judges shall have authority to: ( a ) Administer oaths and affirmations;
( b ) Issue subpoenas as authorized by law;
( c ) Rule upon offers of proof and receive relevant evidence;
( d ) Take or cause depositions to be taken whenever the ends of justice would be served thereby;
( e ) Regulate the course of the hearing;
( f ) Hold conferences for the settlement or simplification of the issues by consent of the parties;
( g ) Require the attendance at such conferences of at least one representative of each party who has the authority to negotiate concerning resolution of issues in controversy;
( h ) Dispose of procedural requests or similar matters;
( i ) Render recommended decisions in proceedings on applications for licenses and permits and on revocation or denial of renewal of licenses or permits;
( j ) Call, examine, and cross-examine witnesses, including hostile or adverse witnesses, when the administrative law judge deems such action to be necessary to a just disposition of the case, and introduce into the record documentary or other evidence; and
( k ) Take any other action authorized by rule of the Bureau of Alcohol, Tobacco, Firearms, and Explosives consistent with the Administrative Procedure Act. *See* 5 U.S.C. 556(c) and 18 U.S.C. 843.
No. 89-6640.

#### Ledet *v.*15th Judicial District Court et al.

C. A. 5th Cir. Certiorari denied.
#### § 404.2122 Confidentiality of information and records.

The State shall comply with the provisions for confidentiality of information, including the security of systems, and records requirements described in 20 CFR part 401 and pertinent written guidelines (see § 404.2123).

[83 FR 62459, Dec. 4, 2018]
Electronically Filed Intermediate Court of Appeals CAAP-17-0000364 08-MAY-2018 08:03 AM
EXHIBIT 31.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
               UNDER SECTION 302 OF THE SARBANES OXLEY ACT OF 2002

I, Joel San Antonio, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Warrantech Corporation;

2. Based on my  knowledge,  this  Quarterly  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 Quarterly
Report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included in this Quarterly  Report,  fairly present in all material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this Quarterly Report;

4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

         (a) designed  such  disclosure  controls and  procedures to ensure that
material  information  relating to the  registrant,  including its  consolidated
subsidiaries, is made known to us by others within those entities,  particularly
during the period in which this Quarterly Report is being prepared;

         (b) evaluated the effectiveness of the registrant's disclosure controls
and  procedures  as of a date  within 90 days prior to the  filing  date of this
Quarterly Report (the "Evaluation Date"); and

         (c)  presented  in this  quarterly  report  our  conclusions  about the
effectiveness of the disclosure  controls and procedures based on our evaluation
as of the Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

         (a) all significant deficiencies in the design or operation of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and

         (b) any fraud,  whether or not material,  that  involves  management or
other  employees  who  have a  significant  role  in the  registrant's  internal
controls.


Date:  February 12, 2004                    /s/ Joel San Antonio
                                            --------------------
                                            Joel San Antonio
                                            Chairman and Chief Executive Officer





                                       22
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CHANDLER
INSURANCE COMPANY, LTD.'S DECEMBER 31, 1999 FORM 10-K 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-31-1999
<PERIOD-END>                               DEC-31-1999
<DEBT-HELD-FOR-SALE>                           108,709
<DEBT-CARRYING-VALUE>                              984
<DEBT-MARKET-VALUE>                              1,039
<EQUITIES>                                         306
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                 109,999
<CASH>                                           8,456
<RECOVER-REINSURE>                               3,281
<DEFERRED-ACQUISITION>                           6,488
<TOTAL-ASSETS>                                 269,120
<POLICY-LOSSES>                                 98,460
<UNEARNED-PREMIUMS>                             67,769
<POLICY-OTHER>                                   5,135
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,395
<OTHER-SE>                                      43,348
<TOTAL-LIABILITY-AND-EQUITY>                   269,120
<PREMIUMS>                                     108,327
<INVESTMENT-INCOME>                              5,594
<INVESTMENT-GAINS>                                  55
<OTHER-INCOME>                                  11,730
<BENEFITS>                                      79,816
<UNDERWRITING-AMORTIZATION>                     28,681
<UNDERWRITING-OTHER>                            14,693
<INCOME-PRETAX>                                  2,516
<INCOME-TAX>                                       365
<INCOME-CONTINUING>                              2,151
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,151
<EPS-BASIC>                                       0.34
<EPS-DILUTED>                                     0.34
<RESERVE-OPEN>                                  51,939
<PROVISION-CURRENT>                             74,997
<PROVISION-PRIOR>                                4,819
<PAYMENTS-CURRENT>                              37,806
<PAYMENTS-PRIOR>                                32,877
<RESERVE-CLOSE>                                 60,921
<CUMULATIVE-DEFICIENCY>                          4,819


</TABLE>
#### § 404.1713 Mandatory use of electronic services.

A representative must conduct business with us electronically at the times and in the manner we prescribe on matters for which the representative requests direct fee payment. (*See* § 404.1740(b)(4)).

[76 FR 56109, Sept. 12, 2011]
#### § 411.165 How does using a ticket under the Ticket to Work program affect my continuing disability reviews?

We periodically review your case to determine if you are still disabled under our rules. However, we will not begin a continuing disability review during the period in which you are using a ticket. Sections 411.170 and 411.171 describe when the period of using a ticket begins and ends. You must meet certain requirements for us to consider you to be using a ticket.

[66 FR 67420, Dec. 28, 2001, as amended at 73 FR 29340, May 20, 2008]
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO**

**18U.S.C. SECTION 1350**

**ASADOPTED PURSUANT TO SECTION 906**

**OFTHE SARBANES-OXLEY ACT OF 2002**

 

 

I, Sam Singer, Chief Financial Officer ofBio-Reference Laboratories, Inc. (the “Company”), do hereby certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(a)           the Annual Report onForm 10-K of the Company for the fiscal year ended October 31 2003, whichthis certification accompanies (the “Periodic Report”), fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934; and

 

(b)           based on my knowledge,the information contained in the Periodic Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

 

Dated: January 28, 2004

 

 
|   | /S/ Sam Singer                   |   |
|--------|----------------------------------|--------|
|   | Sam Singer                       |
|   | Chief Financial Officer          |
|   | Bio-Reference Laboratories, Inc. |

 

1

----
### §201. Omitted

#### **Editorial Notes**

#### Codification

Section, acts Feb. 27, 1925, ch. 364, title I, 43 Stat. 1025; Apr. 29, 1926, ch. 195, title I, 44 Stat. 341; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1192; Feb. 15, 1928, ch. 57, title I, 45 Stat. 76, related to expenses of judge and district attorney at sessions other than in Shanghai. By the Treaty of Jan. 11, 1943, 57 Stat., pt. 2, 767, between the United States and the Republic of China, the United States relinquished all of its extraterritorial rights in China.
#### Robert Cashin, Appellant, v. State of New York, Respondent.

(Claim No. 28118.)

— Judgment of the Court of Claims unanimously affirmed, without costs. Present — Hill, P. J., Heffernan, Brewster, Russell and Deyo, JJ.
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-1993V

Filed: March 21, 2019

UNPUBLISHED

RALPH M. PAVELKA,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

Kate Gerayne Westad, Larkin Hoffman, Daly & Lindgren, Ltd., Minneapolis, MN, for 

petitioner.

Glenn Alexander MacLeod, U.S. Department of Justice, Washington, DC, for 

respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On December 20, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2 (the 

“Vaccine Act”). Petitioner alleges that he suffered Guillain-Barre Syndrome (“GBS”) as 

a result of an influenza (“flu”) vaccination administered to him on January 6, 2015. 

Petition at 1. The case was assigned to the Special Processing Unit of the Office of 

Special Masters.

 1 The undersigned intends to post this ruling on the United States Court of Federal Claims' website. This 

means the ruling will be available to anyone with access to the internet. In accordance with Vaccine 

Rule 18(b), petitioner has 14 days to identify and move to redact medical or other information, the 

disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, the undersigned 

agrees that the identified material fits within this definition, the undersigned will redact such material from 

public access. Because this unpublished ruling contains a reasoned explanation for the action in this 

case, undersigned is required to post it on the United States Court of Federal Claims' website in 

accordance with the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management 

and Promotion of Electronic Government Services). 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
On March 21, 2019, respondent filed his Rule 4(c) report in which he concedes

that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent states that “petitioner has satisfied the criteria set forth in 

the Vaccine Injury Table and the Qualifications and Aids to Interpretation, which afford 

petitioner a presumption of vaccine causation if the onset of GBS occurs between three 

and forty-two days after a seasonal flu vaccination, and there is no apparent alternative 

cause. Id. at 6. 

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master
§ 404.436 Excess earnings; months to which excess earnings cannot be charged because individual is deemed not entitled to benefits. Under the annual earnings test, excess earnings (as described in § 404.430) are not charged to any month in which an individual is deemed not entitled to a benefit. A beneficiary (*i.e.*, the insured individual or any person entitled or deemed entitled on the individual's earnings record) is deemed not entitled to a benefit for a month if he is subject to a deduction for that month because of: ( a ) Engaging in noncovered remunerative activity outside the United States (as described in §§ 404.417 and 404.418); or
( b ) Failure to have a child in his or her care (as described in § 404.421).
[32 FR 19159, Dec. 20, 1967, as amended at 38 FR 9429, Apr. 16, 1973; 38 FR 17716, July 3, 1973; 43 FR 8133, Feb. 28, 1978; 68 FR 40123, July 7, 2003]
Exhibit 10.a.3

INDEPENDENT AUDITORS' CONSENT

Xcelera
Inc.
P.O. Box 309
Ugland House, South Church Street
Grand Cayman, Cayman Islands, British West Indies

We
hereby consent to the incorporation by reference in Registration Statements No. 333-12398 and No. 333-101797 on Form S-8 of our report dated July 2, 2003,
relating to Xcelera, Inc.'s consolidated financial statements as of January 31, 2003 and for the year then ended, appearing in the Company's Annual Report on Form 20-F of Xcelera Inc.
for the year ended January 31, 2003.

/s/BDO SEIDMAN, LLP

BDO
Seidman, LLP
New York, New York

July
31, 2003

---

QuickLinks
#### § 1002.60 Does USERRA cover an individual attending a military service academy?

Yes. Attending a military service academy is considered uniformed service for purposes of USERRA. There are four service academies: The United States Military Academy (West Point, New York), the United States Naval Academy (Annapolis, Maryland), the United States Air Force Academy (Colorado Springs, Colorado), and the United States Coast Guard Academy (New London, Connecticut).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from SEC
Form 10-Q and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-START>                             APR-01-1995
<PERIOD-END>                               JUN-30-1995
<CASH>                                             651
<SECURITIES>                                      7550
<RECEIVABLES>                                      181
<ALLOWANCES>                                        78
<INVENTORY>                                       1558
<CURRENT-ASSETS>                                  9931
<PP&E>                                            7846
<DEPRECIATION>                                    7221
<TOTAL-ASSETS>                                   10821
<CURRENT-LIABILITIES>                             1956
<BONDS>                                              0
<COMMON>                                           199
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          3
<OTHER-SE>                                        8656
<TOTAL-LIABILITY-AND-EQUITY>                     10821
<SALES>                                           2576
<TOTAL-REVENUES>                                  2576
<CGS>                                             1356
<TOTAL-COSTS>                                     1356
<OTHER-EXPENSES>                                  1691
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (334)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (334)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (334)
<EPS-PRIMARY>                                      .22
<EPS-DILUTED>                                      .15
        

</TABLE>
### §387f–1. Enforcement action plan for advertising and promotion restrictions

#### (a) Action plan

#### (1) Development

Not later than 6 months after June 22, 2009, the Secretary of Health and Human Services (in this section referred to as the "Secretary") shall develop and publish an action plan to enforce restrictions adopted pursuant to section 387f of this title, as added by section 101(b) of this division, or pursuant to section 387a–1(a) of this title, on promotion and advertising of menthol and other cigarettes to youth.

#### (2) Consultation

The action plan required by paragraph (1) shall be developed in consultation with public health organizations and other stakeholders with demonstrated expertise and experience in serving minority communities.

#### (3) Priority

The action plan required by paragraph (1) shall include provisions designed to ensure enforcement of the restrictions described in paragraph (1) in minority communities.

#### (b) State and local activities

#### (1) Information on authority

Not later than 3 months after June 22, 2009, the Secretary shall inform State, local, and tribal governments of the authority provided to such entities under section 1334(c) of title 15, as added by section 203 of this division, or preserved by such entities under section 387p of this title, as added by section 101(b) of this division.

#### (2) Community assistance

At the request of communities seeking assistance to prevent underage tobacco use, the Secretary shall provide such assistance, including assistance with strategies to address the prevention of underage tobacco use in communities with a disproportionate use of menthol cigarettes by minors.

(Pub. L. 111–31, div. A, title I, §105, June 22, 2009, 123 Stat. 1841.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Family Smoking Prevention and Tobacco Control Act, and not as part of the Federal Food, Drug, and Cosmetic Act which comprises this chapter.

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

#### Modification of Deadlines for Secretarial Action

With respect to any time periods specified in div. A of Pub. L. 111–31 that begin on June 22, 2009, within which the Secretary of Health and Human Services is required to carry out and complete specified activities, with certain limitations, the calculation of such time periods shall commence on the first day of the first fiscal quarter following the initial 2 consecutive fiscal quarters of fiscal year 2010 for which the Secretary has collected fees under section 387s of this title, and the Secretary may extend or reduce the duration of one or more such time periods, except that no such period shall be extended for more than 90 days, see section 6 of Pub. L. 111–31, set out as a note under section 387 of this title.