alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

HYPOXICO INC.,

Plaintiff-Appellant

v.

COLORADO ALTITUDE TRAINING LLC,

Defendant-Appellee

______________________ 

2014-1544

______________________ 

Appeal from the United States District Court for the 

Southern District of New York in No. 1:02-cv-06191-TPG, 

Senior Judge Thomas P. Griesa.

______________________ 

JUDGMENT

______________________ 

ROGER THOMPSON, The Law Offices of Roger S. 

Thompson, New York, NY, argued for plaintiff-appellant. 

CHARLES DAVISON HOFFMANN, Hoffmann Marshall 

Strong LLP, New York, NY, argued for defendantappellee. Also represented by CHRISTOPHER MATTHEW 

STRONG. 

______________________ 

THIS CAUSE having been heard and considered, it is
 

ORDERED and ADJUDGED: 

 PER CURIAM (PROST, Chief Judge, REYNA and CHEN,

Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

June 18, 2015 /s/ Daniel E. O’Toole 

Date Daniel E. O’Toole 

 Clerk of Court
Exhibit 4.29





Exhibit 4.29



English Translation




POWER OF ATTORNEY




Entrusting Party: Shenzhen Wentai Investment Co., Ltd.

Address:



Entrusted Party:

[___]

ID Card Number:

Residential Address:

Postal Code:




Shenzhen Wentai Investment Co., Ltd. (hereinafter referred to as the “Entrusting Party”), is a
limited liability company lawfully incorporated and existing under the law of PRC. The Entrusting
Party holds 100% equity interest of Zhongda Foundation and Investment Management Co., Ltd.
(hereinafter referred to as the “Target Company”). The Entrusting Party hereby irrevocably
authorizes a person designated by Shenzhen Wentai Education Industry Development Co., Ltd. (“Wentai
Education”), [___] (hereinafter referred to as the “Entrusted Party”) to exercise the following
rights during the term hereof:




To authorize the Entrusted Party with full power to act for us:



To exercise all voting rights owned by us as shareholders of the Target Company, including but
not limited to act as our authorized representative to nominate and elect the senior management of
the Target Company, such as directors, supervisors and general manager, at its shareholders’
meetings.



The above authorization and entrustment are subject to the following conditions precedent: the
Entrusted Party is a natural person of the People’s Republic of China (hereinafter referred to as
the “PRC”; and for the purpose of this document, excluding Hong Kong, Macao and Taiwan) with
Chinese nationality, and a person designated by and holds position(s) in Wentai Education, and
agrees to accept the above authorization and entrustment. Once the Entrusted Party ceases to hold
any position in Wentai Education or Wentai Education issues written notice for removal of the
Entrusted Party, we shall immediately withdraw the entrustment and authorization made to the
Entrusted Party herein, and shall designate and authorize any other natural person of the PRC with
Chinese nationality as designated by Wentai Education to exercise our shareholders’ voting rights
described above at any shareholders’ meetings of the Target Company.



The Entrusted Party shall carefully and diligently perform the entrusted obligations within
the scope of authorization according to laws, and shall hold harmless the Entrusting Party from and
against all possible losses and damages resulting from such authorization and entrustment (except
for any losses and damages suffered by the Entrusting Party due to its willful or material faults),
failing which, he/she shall be legally liable to the Entrusting Party and the Target Company.



This Power of Attorney, which has a term of 20 years, shall become effective on the date of
its execution.



 


 









 







	 	 	 	 	 
	 
	 	Shenzhen Wentai Investment Co., Ltd.

[Chop of Shenzhen Wentai Investment Co., Ltd. is affixed]

	 
	 	 
	 

	 	By:
	 	/s/
	 

	 	 	 	 
	 

	 	 	 	04
(mm) 23 (dd) 2010 (yy)
#### JAMES DOE *v.*COMMISSIONER OF CORRECTION

(AC 25493)

Flynn, Bishop and McLachlan, Js.

Submitted on briefs February 24

officially released May 10, 2005

*Kenneth Paul Fox,*special public defender, filed a brief for the appellant (petitioner).

*Michael E. O’Hare,*supervisory assistant state’s attorney, *Melissa L. Streeto,*deputy assistant state’s attorney, and *Jo Anne Sulik,*assistant state’s attorney, filed a brief for the appellee (respondent).

*Opinion*

PER CURIAM.

The petitioner, James Doe, appeals from the judgment of the habeas court following the denial of his petition for certification to appeal from the denial of his amended petition for a writ of habeas corpus in which he claimed that he was being incarcerated illegally due to the improper application of presen-tence confinement credit to his sentence on criminal charges. We dismiss the appeal.

After a careful review of the record and briefs, we conclude that in light of General Statutes § 18-98d (a) *818(1) , which governs the application of credit for presen-tence confinement, the court correctly determined the amount of credit to which the petitioner was entitled on the sentence for his underlying conviction of assault in the first degree and properly concluded that he was unable to accrue credit toward that sentence once he began serving another sentence for violation of probation. We further conclude that this sentence structure did not violate the petitioner’s plea agreement with the state in the assault file.

Because the court’s decision on the merits comports with the applicable statutes and is amply supported by the record, the petitioner cannot demonstrate (1) that the issues raised are debatable among jurists of reason, (2) that any court could resolve the issues in a different manner or (3) that the questions raised deserve encouragement to proceed further. See *Lozada*v. *Deeds,*498 U.S. 430, 431-32, 111 S. Ct. 860, 112 L. Ed. 2d 956 (1991). As the petitioner has failed to satisfy any of the *Lozada*criteria necessary to show that the court abused its discretion, his appeal following the court’s denial of certification is frivolous and should be dismissed. See *Simms*v. *Warden,*230 Conn. 608, 616, 646 A.2d 126 (1994).

The appeal is dismissed.
### §4154a. Standards for design, construction, and alteration of buildings; United States Postal Service

The United States Postal Service, in consultation with the Secretary of Health and Human Services, shall prescribe such standards for the design, construction, and alteration of its buildings to insure whenever possible that physically handicapped persons will have ready access to, and use of, such buildings.

(Pub. L. 90–480, §4a, as added Pub. L. 94–541, title II, §201(5), Oct. 18, 1976, 90 Stat. 2508; amended Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

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

#### Change of Name

"Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
### §285e–10a. Alzheimer's clinical research and training awards

#### (a) In general

The Director of the Institute is authorized to establish and maintain a program to enhance and promote the translation of new scientific knowledge into clinical practice related to the diagnosis, care and treatment of individuals with Alzheimer's disease.

#### (b) Support of promising clinicians

In order to foster the application of the most current developments in the etiology, pathogenesis, diagnosis, prevention and treatment of Alzheimer's disease, amounts made available under this section shall be directed to the support of promising clinicians through awards for research, study, and practice at centers of excellence in Alzheimer's disease research and treatment.

#### (c) Excellence in certain fields

Research shall be carried out under awards made under subsection (b) in environments of demonstrated excellence in neuroscience, neurobiology, geriatric medicine, and psychiatry and shall foster innovation and integration of such disciplines or other environments determined suitable by the Director of the Institute.

(July 1, 1944, ch. 373, title IV, §445I, as added Pub. L. 106–505, title VIII, §801(2), Nov. 13, 2000, 114 Stat. 2349; amended Pub. L. 109–482, title I, §103(b)(25), Jan. 15, 2007, 120 Stat. 3688.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 445I of act July 1, 1944, was renumbered section 445J and was classified to section 285e–11 of this title prior to repeal by Pub. L. 109–482.

#### Amendments

2007—Subsec. (d). Pub. L. 109–482 struck out heading and text of subsec. (d). Text read as follows: "For the purpose of carrying out this section, there are authorized to be appropriated $2,250,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 through 2005."

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

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.
#### George P. Montague and Others, as Surviving Substituted Trustees, etc., v. Charles P. Curtis, as Administrator, etc., and Others.

Motion denied, with ten dollars costs. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.
#### § 1701.101 Purpose.

The purpose of this part is to implement the spirit of section 119 of the Rehabilitation, Comprehensive Services and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by various Executive agencies. Although the USIP does not believe that Congress contemplated coverage of independent Federal institutions, such as the USIP, it has chosen to promulgate this part.

[58 FR 57697, Oct. 26, 1993]
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ALAN CLARK,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 274 EAL 2016

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 22nd day of December, 2016

, the Petition for Allowance of

Appeal is DENIED

.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2466 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2466

         To suspend temporarily the duty on certain camel hair.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

 Mr. Simmons introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
         To suspend temporarily the duty on certain camel hair.

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

SECTION 1. CERTAIN CAMEL HAIR.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.42.02       Camel hair, not    Free         No change        No change        On or before 12/  ''.
                         processed in any                                                   31/2008
                         manner beyond the
                         degreased or
                         carbonized
                         condition
                         (provided for in
                         subheading
                         5102.19.20)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
### §300x–54. Disposition of certain funds appropriated for allotments

#### (a) In general

Amounts described in subsection (b) and available for a fiscal year pursuant to section 300x or 300x–21 of this title, as the case may be, shall be allotted by the Secretary and paid to the States receiving a grant under the program involved, other than any State referred to in subsection (b) with respect to such program. Such amounts shall be allotted in a manner equivalent to the manner in which the allotment under the program involved was determined.

#### (b) Specification of amounts

The amounts referred to in subsection (a) are any amounts that—

(1) are not paid to States under the program involved as a result of—

(A) the failure of any State to submit an application in accordance with the program;

(B) the failure of any State to prepare such application in compliance with the program; or

(C) any State informing the Secretary that the State does not intend to expend the full amount of the allotment made to the State under the program;

(2) are terminated, repaid, or offset under section 300x–55 of this title;

(3) in the case of the program established in section 300x of this title, are available as a result of reductions in allotments under such section pursuant to section 300x–1(d) or 300x–4(b) of this title; or

(4) in the case of the program established in section 300x–21 of this title, are available as a result of reductions in allotments under such section pursuant to section 300x–26 or 300x–30 of this title.

(July 1, 1944, ch. 373, title XIX, §1944, as added Pub. L. 102–321, title II, §203(a), July 10, 1992, 106 Stat. 404.)
Editorial Note on Part 217
Editorial Note: Nomenclature changes to part 217 appear at 68 FR 51362, Aug. 26, 2003.

§ 217.6 Remedial action, voluntary action, and self-evaluation. ( a ) *Remedial action.* ( 1 ) If the Administrator finds that a recipient has discriminated against persons on the basis of handicap in violation of section 504 or this part, the recipient shall take such remedial action as the Administrator deems necessary to overcome the effects of the discrimination.
( 2 ) Where a recipient is found to have discriminated against persons on the basis of handicap in violation of section 504 or this part and where another recipient exercises control over the recipient that has discriminated, the Administrator, where appropriate, may require either or both recipients to take remedial action.
( 3 ) The Administrator may, where necessary to overcome the effects of discrimination in violation of section 504 or this part, require a recipient to take remedial action ( i ) with respect to handicapped persons who are no longer participants in the recipient's program or activity but who were participants in the program when such discrimination occurred or
( ii ) with respect to handicapped persons presently in the program or activity but not receiving full benefits or equal and integrated treatment within the program or
( iii ) with respect to handicapped persons who would have been participants in the program or activity had the discrimination not occurred.
( b ) *Voluntary action.* A recipient may take steps, in addition to any action that is required by this part, to overcome the effect of conditions that resulted in limited participation in the recipient's program or activity by qualified handicapped persons.
( c ) *Self-evaluation.* ( 1 ) A recipient shall, within one year of the effective date of this part: ( i ) Evaluate with the assistance of interested persons or organizations representing handicapped persons, its current policies and practices and the effects thereof that do not or may not meet the requirements of this part;
( ii ) Modify, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, any policies and practices that do not meet the requirement of this part; and
( iii ) Take, after consultation with interested persons, including handicapped persons or organizations representing handicapped persons, appropriate remedial steps to eliminate the effects of any discrimination that resulted from adherence to these policies and practices.
( 2 ) A recipient that employs fifteen or more persons shall, for at least three years following completion of the evaluation required under paragraph (c)(1) of this section, maintain on file, make available for public inspection, and provide to the Administrator upon request: ( i ) A list of the interested persons consulted,
( ii ) a description of areas examined and any problems identified, and
( iii ) a description of any modifications made and of any remedial steps taken.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                      16,613,000
<SECURITIES>                                 7,238,000
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            24,189,000
<PP&E>                                       3,417,000
<DEPRECIATION>                             (1,672,000)
<TOTAL-ASSETS>                              26,288,000
<CURRENT-LIABILITIES>                          337,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,000
<OTHER-SE>                                  25,920,000
<TOTAL-LIABILITY-AND-EQUITY>                26,288,000
<SALES>                                              0
<TOTAL-REVENUES>                               648,000
<CGS>                                                0
<TOTAL-COSTS>                                2,525,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             (1,877,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (1,877,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,877,000)
<EPS-PRIMARY>                                    (.21)
<EPS-DILUTED>                                    (.21)
        

</TABLE>
Exhibit 32.1





CERTIFICATION





Pursuant to 18 U.S.C. Section 1350, the undersigned officer of DXP Enterprises, Inc. (the “Company”), hereby certifies that the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2012 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/David R. Little


David R. Little


President and Chief Executive Officer


(Principal Executive Officer)





August 9, 2012





The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.
#### Bay Ridge Air Rights, Inc., Respondent, v Franklin National Bank et al., Defendants, and Greater New York Mutual Insurance Company, Appellant.

Order, Supreme Court, New York County, entered September 28, 1977, which granted plaintiffs motion for summary judgment to the extent of awarding plaintiff judgment in the amount of $357,300, with interest, and reserving two of the remainder of plaintiff’s claims (in the amounts of $60,000 and $30,000) for trial, unanimously modified, on the law, to the extent of awarding defendant the Greater New York Mutual Insurance Company, summary judgment dismissing plaintiff’s causes of action which sought to recover said $60,000 and $30,000, and, as so modified, affirmed, without costs and disbursements. As a consequence of the dishonesty of the president of the management corporation, Hugh E. Roth & Co., Inc., plaintiff sustained losses which it claims are covered by the fidelity bond issued by defendant the Greater New York Mutual Insurance Company. Plaintiff moved for partial summary judgment on the first three causes of action set forth in its complaint totaling $357,300 which motion was properly granted by Special Term. Patently, the acts which the president, Roth, committed during the applicable term of the unambiguous fidelity bond were embraced within the coverage provided by that bond. However, Special Term noted that a $60,000 check which is the subject of the fifth cause of action and United States Treasury Notes in the sum of $30,000 which are the subject of the fourth cause of action are still in dispute—the issue being whether the thefts of these items occurred during the policy period, which issue was reserved for trial. The $60,000 check was drawn on February 13, 1975, subsequent to the termination of Roth’s services as managing agent on December 1, 1974 and is, therefore, not covered by the bond. As the bond did not become effective until May 3, 1974 and as the theft of the treasury notes totaling $30,000 occurred on March 15, 1974, prior thereto, such theft is also not covered. Accordingly, defendant the Greater New York Mutual Insurance Company’s request for summary judgment in its behalf must be granted to the extent of dismissing plaintiff’s causes of action which sought to recover said $60,000 and $30,000. Settle order on notice. Concur—Lupiano, J. P., Birns, Evans and Markewich, JJ.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Surface Transportation Board 

          - [Ex Parte No. 333] 

# FOR FURTHER INFORMATION CONTACT:

A. Dennis Watson, Office of Congressional and Public Services, Telephone: (202) 565-1596; FIRS: 1-800-877-8339. 

Dated: December 6, 2004. 

Vernon A. Williams, 

Secretary. 

[FR Doc. 04-27140 Filed 12-7-04; 11:26 am] 

BILLING CODE 4915-01-P