alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

Fifth Circuit

FILED

July 10, 2003

Charles R. Fulbruge III

Clerk

In the

United States Court of Appeals

for the Fifth Circuit

_______________

m 03-30139

Summary Calendar

_______________

LINDA F. WAFER,

Plaintiff-Appellant,

VERSUS

JAMES PERSON; CHUCK NORENBERG; NORMA REEDY;

AMERICAN POSTAL WORKERS UNION; PATSY PIQUE,

Defendants-Appellees,

_________________________

Appeal from the United States District Court

for the Western District of Louisiana

m 02-CV-1278

_________________________
2

Before HIGGINBOTHAM, SMITH, and

CLEMENT, Circuit Judges.

PER CURIAM:

*

Linda Wafer, pro se, appeals the dismissal

of her suit against several postal employees

and their union. Reviewing the dismissal de

novo, Brown v. NationsBank Corp., 188 F.3d

579, 585 (5th Cir. 1999), we affirm.

Wafer sued the Postmaster Generalfor discrimination and breach of a labor agreement.

The district court dismissed that suit, based

partly on the defendants’ affidavits. Wafer

then sued defendants, essentially for lying in

their affidavits. She cryptically accused them

of libel, obstruction of justice, perjury, misuse

of process, and abuse of office. The district

court dismissed, holding that the defendants

had absolute immunity for statements made as

witnesses.

Although Wafer does not specify whether

her suit arises under Bivens v. Six Unknown

Named Agents of Fed. Bureau of Narcotics,

403 U.S. 388 (1971), or the Federal Tort

Claims Act, 28 U.S.C. § 2671 et seq., the

source of law makes no difference. Witnesses

have absolute immunity from a Bivens action

based on their testimony. Briscoe v. LaHue,

460 U.S. 325, 334 (1983); Charles v. Wade,

665 F.2d 661, 666 (Former 5th Cir. 1982).

Louisiana law also gives non-party witnesses

absolute immunity from damages based on

their former testimony.1 Marrogi v. Howard,

805 So. 2d 1118, 1126 (La. 2002). Defendants are therefore entitled to absolute immunity in any event.2

AFFIRMED.

* 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determined that this opinion should not be published and is not precedent except under the limited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.

1 Under the Federal Tort Claims Act, we apply

the law of the state in which the events occurred.

28 U.S.C. §§ 1346(b)(1), 2674; Brown, 188 F.3d

at 586. Louisiana law gives a non-party witness

absolute immunity only for “pertinent and material” testimony, Marrogi, 805 So. 2d at 1126, but

Wafer concedes that the defendants’ affidavits

were relevant to her earlier suit.

2 To the extent that any defendants are not federal officers for purposes of Bivens or the Federal

Tort Claims Act, the district court had supplemental jurisdiction over Wafer’s claims against them,

28 U.S.C. § 1367, and they too have absolute immunity from her claims, Marrogi, 805 So. 2d

at 1126.
### §§2161, 2162. Repealed. Pub. L. 95–424, title I, §102(g)(1)(A), Oct. 6, 1978, 92 Stat. 942

Section 2161, Pub. L. 87–195, pt. I, §201, Sept. 4, 1961, 75 Stat. 426; Pub. L. 87–565, pt. I, §102, Aug. 1, 1962, 76 Stat. 256; Pub. L. 88–205, pt. I, §102(a), Dec. 16, 1963, 77 Stat. 380; Pub. L. 88–633, pt. I, §101, Oct. 7, 1964, 78 Stat. 1009; Pub. L. 89–583, pt. I, §102(a), Sept. 19, 1966, 80 Stat. 796; Pub. L. 90–137, pt. I, §102(a), (b), Nov. 14, 1967, 81 Stat. 447; Pub. L. 90–554, pt. I, §101(a), Oct. 8, 1968, 82 Stat. 960, related to the establishment by the President of the Development Loan Fund. See section 2151(b) of this title.

Section 2162, Pub. L. 87–195, pt. I, §202, Sept. 4, 1961, 75 Stat. 426; Pub. L. 88–205, pt. I, §102(b), Dec. 16, 1963, 77 Stat. 380; Pub. L. 89–583, pt. I, §102(b), Sept. 19, 1966, 80 Stat. 796; Pub. L. 90–137, pt. I, §102(c), Nov. 14, 1967, 81 Stat. 447; Pub. L. 90–554, pt. I, §101(b), Oct. 8, 1968, 82 Stat. 960; Pub. L. 91–175, pt. I, §101(a), Dec. 30, 1969, 83 Stat. 805; Pub. L. 92–226, pt. I, §101(a), Feb. 7, 1972, 86 Stat. 21, related to authorization of appropriations, availability of funds, and encouragement of development through private enterprise.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as an Effective Date of 1978 Amendment note under section 2151 of this title.
Exhibit 32.1

Certification Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)

I, Randolph Gress,
certify that:

1. the accompanying Annual Report on Form 10-K for the year ended December 31, 2005 (the Report), fully
complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

2.
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Innophos, Inc. at the dates and for the periods indicated.

A signed original of this written statement required by Section 906 has been provided Innophos, Inc. and will be retained by Innophos, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.

The undersigned expressly disclaims any obligation to
update the foregoing certification except as required by law.



|                     |  |  |  |                                                                   
|-------------------- |  |  |  | ------------------------------------------------------------------
|Date: March 30, 2006 |  |  |  |                                                                   
|                     |  | 
|                     |  |  |  | /S/ RANDOLPH GRESS                                                
|                     |  |  |  | Randolph Gress                                                    
|                     |  |  |  | Chief Executive Officer and Director (Principal Executive Officer)

The foregoing certification is being furnished solely pursuant to the requirements of 18 U.S.C.
§ 1350 and is not being filed as a part of the Report or as a separate disclosure document.
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  In connection with the Quarterly Report of ALCO, Inc. (the "Company") on Form 10-Q for the period ended June 30, 2009 (the "Report"), I, Colman Au, Chief Financial 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 requirement 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 Company's financial position and results of operations.    By: /s/ Colman Au, Chief Financial Officer  Date: August 14, 2009
I 

114TH CONGRESS 

1ST SESSION H. R. 3901 

To amend the Internal Revenue Code of 1986 to extend for two years 

the credit for thermal energy property. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2015 

Mr. GRAYSON introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to extend 

for two years the credit for thermal energy property. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION OF CREDIT FOR THERMAL ENERGY 

4 PROPERTY. 

5 (a) IN GENERAL.—Section 48(a)(3)(A)(vii) of the In6 ternal Revenue Code of 1986 is amended by striking ‘‘Jan7 uary 1, 2017’’ and inserting ‘‘January 1, 2019’’. 

8 (b) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to periods after December 31, 

10 2016, in taxable years ending after such date, under rules 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 3901 IH

1 similar to the rules of section 48(m) of the Internal Rev2 enue Code of 1986 (as in effect on the day before the date 

3 of the enactment of Revenue Reconciliation Act of 1990). 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
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LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

FEBRUARY 2008 WATER QUALITY REPORT RUN DATE: March 4, 2008

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

RIO VISTA ON THE SACRAMENTO RIVER
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 0

 0

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 141

 138

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JUNE 2006 WATER QUALITY REPORT RUN DATE: July 11, 2006

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

RIO VISTA ON THE SACRAMENTO RIVER
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 22
- 0540 STATE OF MONTANA,

Plaintiff and Appellee, v. WILLIAM E. HAWKES,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including June 29 , 2023 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 2 2023

06/02/2023

Case Number: DA 22-0540
### §2661b. Services provided to the press

In fiscal year 2001 and thereafter reimbursements for services provided to the press in connection with the travel of senior-level officials may be collected and credited to this appropriation and shall remain available until expended.

(Pub. L. 106–553, §1(a)(2) [title IV], Dec. 21, 2000, 114 Stat. 2762, 2762A–90.)

#### **Editorial Notes**

#### References in Text

This appropriation, referred to in text, probably means appropriations under the headings "DEPARTMENT OF STATE", "Administration of Foreign Affairs", and "diplomatic and consular programs" of the annual Department of State and Related Agency Appropriations Act.

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

#### References to Diplomatic and Consular Programs Account

References to the Diplomatic and Consular Programs account to be construed to include the Diplomatic Programs account in fiscal year 2020 and each fiscal year thereafter, see par. (7) of title I of div. G of Pub. L. 116–94, set out as a note under section 2651 of this title.
I 

114TH CONGRESS 

1ST SESSION H. R. 4114 

To amend the Internal Revenue Code of 1986 to increase the amount that 

can be withdrawn without penalty from individual retirement plans as 

first-time homebuyer distributions. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2015 

Mr. SEAN PATRICK MALONEY of New York (for himself, Mr. RENACCI, Mr. 

COFFMAN, and Mr. SWALWELL of California) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to increase 

the amount that can be withdrawn without penalty from 

individual retirement plans as first-time homebuyer distributions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘First Time Home5 owner Savings Plan Act’’. 

mstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 4114 IH

1 SEC. 2. INCREASE IN LIMITATION ON PENALTY-FREE 

2 FIRST-TIME HOMEBUYER DISTRIBUTIONS. 

3 (a) IN GENERAL.—Section 72(t)(8)(B)(i) of the In4 ternal Revenue Code of 1986 is amended by striking 

5 ‘‘$10,000’’ and inserting ‘‘$25,000’’. 

6 (b) INFLATION ADJUSTMENT.—Section 72(t)(8) of 

7 such Code is amended by adding at the end the following 

8 new subparagraph: 

9 ‘‘(F) INFLATION ADJUSTMENT.—In the 

10 case of any taxable year beginning in a calendar 

11 year after 2015, the $25,000 dollar amount in 

12 subparagraph (B)(i) shall be increased by an 

13 amount equal to— 

14 ‘‘(i) such dollar amount, multiplied by 

15 ‘‘(ii) the cost-of-living adjustment de16 termined under section 1(f)(3) for the cal17 endar year in which the taxable year be18 gins, by substituting ‘calendar year 2014’ 

19 for ‘calendar year 1992’. 

20 Any increase determined under the preceding 

21 sentence shall be rounded to the nearest mul22 tiple of $100.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to distributions made after the 

mstockstill on DSK4VPTVN1PROD with BILLS

3 

•HR 4114 IH

1 date of the enactment of this Act, in taxable years ending 

2 after such date. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
I 

114TH CONGRESS 

1ST SESSION H. R. 4186 

To add support of a foreign terrorist organization to the list of acts for 

which United States nationals would lose their nationality, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2015 

Mr. DENT (for himself and Mr. ASHFORD) introduced the following bill; which 

was referred to the Committee on the Judiciary 

A BILL 

To add support of a foreign terrorist organization to the 

list of acts for which United States nationals would 

lose their nationality, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enemy Expatriation 

5 Act’’. 

6 SEC. 2. LOSS OF NATIONALITY. 

7 (a) IN GENERAL.—Section 349(a) of the Immigra8 tion and Nationality Act (8 U.S.C. 1481(a)) is amended— 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4186 IH

1 (1) in each of paragraphs (1) through (6), by 

2 striking ‘‘or’’ at the end; 

3 (2) in paragraph (7), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(8) traveling abroad to join, participate in, 

7 train with, fight for, conspire with, or otherwise sup8 port a foreign terrorist organization designated by 

9 the Secretary of State under section 219.’’. 

10 (b) TECHNICAL AMENDMENT.—Section 351(a) of the 

11 Immigration and Nationality Act (8 U.S.C. 1483(a)) is 

12 amended by striking ‘‘(6) and (7)’’ and inserting ‘‘(6), (7), 

13 and (8)’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
B O U T I Q U E A I R 5 4 8 M a r k e t S t S a n F r a n c i s c o , C

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f e r a t G r e e n b r i e r

/ W h i t e S u l p h u r S p r i n g s , B e c k l e y , C l a r k s b u r g / F a i r m o n t
, a n d M o r g a n t o w n , W e s t V i r g i n i a ; a n d S t a u n t o n , V i r g i n i a

. P l e a s e a d v i s e a t y o u r e a r l i e s t i f t h i s i s
a c c e p t a b l e

.

T h a n k y o u ,

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. c o m
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Exhibit 99.1
                                 ------------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWALT, INC.
                        ALTERNATIVE LOAN TRUST 2005-J5
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-J5


      The undersigned do hereby certify that they are each an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(a "Master Servicer"), and do hereby further certify pursuant to Section 3.16
of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under our supervision; and

(ii) To the best of our knowledge, based on such review, the Master Servicer
has fulfilled all its obligations under the Agreement throughout such year.




/s/ Craig Baingo                                      Dated: March 27, 2006
----------------

CRAIG BAINGO
EXECUTIVE VICE PRESIDENT



/s/ Kevin Meyers                                      Dated: March 27, 2006
----------------

KEVIN MEYERS
MANAGING DIRECTOR, CHIEF FINANCIAL
OFFICER, LOAN ADMINISTRATION
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF INCOME FOUND ON PAGES
3 AND 5 OF THE COMPANY'S 10-Q FOR THE YEAR TO DATE, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           3,567
<SECURITIES>                                    14,504
<RECEIVABLES>                                   22,932
<ALLOWANCES>                                       775
<INVENTORY>                                     26,685
<CURRENT-ASSETS>                                69,283
<PP&E>                                          21,446
<DEPRECIATION>                                   9,939
<TOTAL-ASSETS>                                  80,973
<CURRENT-LIABILITIES>                           10,488
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           163
<OTHER-SE>                                      69,792
<TOTAL-LIABILITY-AND-EQUITY>                    80,973
<SALES>                                         91,815
<TOTAL-REVENUES>                                91,815
<CGS>                                           47,190
<TOTAL-COSTS>                                   47,190
<OTHER-EXPENSES>                                28,991
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 16,301
<INCOME-TAX>                                     6,194
<INCOME-CONTINUING>                             10,107
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,107
<EPS-PRIMARY>                                     0.60
<EPS-DILUTED>                                     0.60
        

</TABLE>
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4147 Introduced in House (IH)]

<DOC>

114th CONGRESS
  1st Session
                                H. R. 4147

 To apologize for the treatment of Italian Americans during World War 
                                  II.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2015

 Ms. Lofgren introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To apologize for the treatment of Italian Americans during World War 
                                  II.

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

SECTION 1. APOLOGY FOR THE TREATMENT OF ITALIAN AMERICANS DURING WORLD 
              WAR II.

    (a) Findings.--Congress finds the following:
            (1) Over 15 million Italians have immigrated to the United 
        States since 1852.
            (2) Italian immigrants have provided a culture and heritage 
        that has enriched American life.
            (3) The treatment of Italian Americans during World War II 
        was authorized by the Act of July 6, 1798 (Chapter 66 Sec. 1; 1 
        Stat. 577; 50 U.S.C. 21; commonly known as the Alien Enemies 
        Act).
            (4) Additional authority for the treatment of Italian 
        Americans during World War II was based on Executive Order 9066 
        (7 Fed. Reg. 1407) and Executive Order 9102 (7 Fed. Reg. 2165).
            (5) These orders required Italian-born citizens and their 
        families to carry identification cards, face travel 
        restrictions, and obey curfews.
            (6) These orders authorized the seizure of personal 
        property.
            (7) 10,000 Italian Americans living on the West Coast were 
        forced to leave their homes and were prohibited from entering 
        coastal zones during World War II.
            (8) Thousands of Italian American immigrants were arrested 
        and hundreds were interned in military camps during World War 
        II.
            (9) The treatment of Italian Americans during World War II 
        needs to be acknowledged in order to remember those whose lives 
        were unjustly disrupted and whose freedoms were violated.
            (10) Acknowledging and apologizing for the treatment of 
        Italian Americans during World War II would help repair the 
        Italian American community and would discourage the occurrence 
        of similar injustices and violations of civil liberties in the 
        future.
    (b) Statement of Congress.--For these fundamental violations of the 
basic civil liberties and constitutional rights of Italian Americans 
during World War II, Congress apologizes on behalf of the Nation.
                                 <all>
```
§ 30.225 What are the criteria for eligibility for benefits under Part B of EEOICPA for certain uranium employees? In order to be eligible for benefits under this section, the claimant must establish the criteria set forth in either paragraph (a) or paragraph (b) of this section: ( a ) The Attorney General has determined that the claimant is a covered uranium employee who is entitled to payment of $100,000 as compensation due under section 5 of RECA for a claim made under that statute (there is, however, no requirement that the claimant or surviving eligible beneficiary has actually received payment pursuant to RECA). If a deceased employee's survivor(s) has been determined to be entitled to such an award, his or her survivor(s), if any, will only be entitled to EEOICPA compensation in accordance with section 7384u(e) of the Act.
( b ) The covered uranium employee has been diagnosed with an injury, illness, impairment or disease that arose as a consequence of the medical condition for which he or she was determined to be entitled to payment of $100,000 as compensation due under section 5 of RECA.