alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________ No. 10-10751

_____________________ VILLAS AT PARKSIDE PARTNERS, doing business as Villas at Parkside; LAKEVIEW AT PARKSIDE PARTNERS, LIMITED, doing business as Lakeview at Parkside; CHATEAU RITZ PARTNERS, doing business as Chateau De Ville; MARY MILLER SMITH, Plaintiffs - Appellees vs. THE CITY OF FARMERS BRANCH, TEXAS, Defendant - Appellant

------------------------------------------------------------------------------------------------------------ VALENTIN REYES; ALICIA GARCIA; GINGER EDWARDS; JOSE GUADALUPE ARIAS; AIDE GARZA, Plaintiffs - Appellees vs. CITY OF FARMERS BRANCH, Defendant - Appellant

__________________________ Appeals from the United States District Court for the

Northern District of Texas, Dallas

__________________________ ON PETITION FOR REHEARING EN BANC (Opinion March 21, 2012, 5 Cir., 2012, 675 F.3d 802) United States Court of Appeals

Fifth Circuit 

### F I L E D July 31, 2012 Lyle W . Cayce Clerk1 Judge King did not participate.

Before JONES, Chief Judge, JOLLY, DAVIS, SMITH, GARZA, STEWART, DENNIS, CLEMENT, PRADO, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES and HIGGINSON, Circuit Judges. 1 BY THE COURT: A member of the court having requested a poll on the petition for rehearing en banc, and a majority of the circuit judges in regular active service and not disqualified having voted in favor, IT IS ORDERED that this cause shall be reheard by the court en banc with oral argument on a date hereafter to be fixed. The Clerk will specify a briefing schedule for the filing of supplemental briefs.
1 

" ! COMMITTEE PRINT 

114TH CONGRESS

2nd Session 

S. PRT. 

114–29 

COMBATTING THE OPIOID EPIDEMIC: 

A REVIEW OF ANTI–ABUSE EFFORTS IN 

MEDICARE AND PRIVATE HEALTH 

INSURANCE SYSTEMS 

R E P O R T 

PREPARED BY THE

PERMANENT SUBCOMMITTEE ON 

INVESTIGATIONS 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

OCTOBER 4, 2016 

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 
COMBATTING THE OPIOID EPIDEMIC 
U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

For sale by the Superintendent of Documents, U.S. Government Publishing Office

Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800

Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001

1 

23–066 PDF 

" ! COMMITTEE PRINT 

114TH CONGRESS

2nd Session 

S. PRT. 

2017

114–29 

COMBATTING THE OPIOID EPIDEMIC: 

A REVIEW OF ANTI–ABUSE EFFORTS IN 

MEDICARE AND PRIVATE HEALTH 

INSURANCE SYSTEMS 

R E P O R T 

PREPARED BY THE

PERMANENT SUBCOMMITTEE ON 

INVESTIGATIONS 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED FOURTEENTH CONGRESS 

OCTOBER 4, 2016 

Printed for the use of the 

Committee on Homeland Security and Governmental Affairs 
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

CHRISTOPHER R. HIXON, Staff Director 

GABRIELLE A. BATKIN, Minority Staff Director 

JOHN P. KILVINGTON, Minority Deputy Staff Director 

LAURA W. KILBRIDE, Chief Clerk 

PERMANENT SUBCOMMITTEE ON INVESTIGATIONS 

ROB PORTMAN, Ohio Chairman 

JOHN MCCAIN, Arizona 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

KELLY AYOTTE, New Hampshire 

BEN SASSE, Nebraska 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

BRIAN CALLANAN, Staff Director and General Counsel 

MATT OWEN, Chief Counsel 

MARK ANGEHR, Senior Counsel 

ANDREW POLESOVSKY, Counsel 

WILL DARGUSCH, Investigator 

MARGARET DAUM, Minority Staff Director and Chief Counsel 

BRANDON REAVIS, Minority Counsel 

KELSEY STROUD, Chief Clerk 


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Æ
#### In the Matter of Carfred Realty Corp., Appellant, v. Tax Commission of the City of New York, Respondent.

Order entered on June 25, 1959, dismissing petitions to review real property assessments, unanimously *764modified on the law and on the facts, without costs, so as to fix the values for the property designated as 944 Eighth Avenue, Manhattan, as follows: For the tax years 1955-56 and 1956-57, land $65,000, building $5,000, total $70,000. As so modified, the order is affirmed. The values fixed by Special Term for the years 1955-56 and 1956-57 are not justified on this record. Settle order on notice. Concur — Botein, P. J., Breitel, Rabin, McNally and Eager, JJ.
EX 10.3




AMENDMENT NO. 2 TO SHARE PURCHASE AGREEMENT



          
                         THIS AMENDMENT (“Agreement”) is made as of August 30, 2002,
by and among OUTOKUMPU COPPER PRODUCTS OY, a Finnish company (“OCP”),
OUTOKUMPU COPPER HOLDINGS, INC., a Delaware corporation (“Buyer”), and LENNOX INTERNATIONAL,
INC., a Delaware corporation (“Seller”).



          
                         Buyer, OCP and Seller, intending to be legally bound and in consideration of the
 mutual promises herein contained, agree as follows:



          
                         1.     Reference is made to a Share Purchase Agreement as of July 18, 2002, as
amended (the “Purchase Agreement”), by and
among Seller, Buyer and OCP. This Agreement is intended to set forth certain amendments and agreements among
the parties relative to the Purchase
Agreement. Any specially capitalized terms not otherwise defined in this Agreement shall have the same meaning
as set forth in the Purchase Agreement.



          
                         2.     For purposes of Article 2 of the Purchase
Agreement, the Indebtedness,
Permitted Indebtedness, Closing Date Net
Assets, Net Assets Adjustment and Indebtedness Adjustment shall all be calculated and determined as of the
Effective Time. Accordingly, although the
transfer of the Shares will occur on, and the Closing Date will be, August 30, 2002, the parties agree that the
economic effect of the Contemplated
Transactions shall be as of the Effective Time. Notwithstanding anything to the contrary above and notwithstanding
that the assignment of the Shares
provided for in Section 2.1 and certain of the agreements among the parties and their Related Persons are dated
 on or as of August 26, 2002, (A) the
certificates required by Sections 2.4, 7.4 and 8.4 under the Purchase Agreement shall be as of the Closing Date,
(B) the Acquired Companies have been
managed by Seller and its Related Persons during the Interim Closing Period (the period beginning as of the Effective
Time and continuing through and
ending on the Closing Date) and (C) Seller's obligations under Article 10 under the Purchase Agreement shall be as
of the Closing Date.



          
                         3.     Except as provided for in this Agreement, all of the
provisions of the Purchase Agreement shall remain in full force
and effect.


[SIGNATURES APPEAR ON NEXT PAGE]










          
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the date first
written above.



			
        Seller:


			
			
			
                LENNOX INTERNATIONAL, INC.


			
			
			
                By:  /s/ Carl E. Edwards, Jr.  
			
                Name:  Carl E. Edwards, Jr.
			Title:
                   EVP



			
                Buyer:


			
                OUTOKUMPU COPPER

                HOLDINGS, INC.


			
                By:  /s/ Kalevi Nikkilä  

                Name:  Kalevi Nikkilä

                Title:    President - Outokumpu

                Copper Products Oy


			OCP:


                OUTOKUMPU COPPER PRODUCTS OY


			
                By:  /s/ Kalevi Nikkilä  

                Name:  Kalevi Nikkilä

                Title:    President
**Exhibit32.2**

** **

**CERTIFICATION**

** **

In connection with the AnnualReport on Form 10-K of MAI Systems Corporation (the Company) for the periodended December 31, 2003 as filed with the Securities and Exchange Commission onthe date hereof (the Report), I, James D. Dolan, Chief Financial and OperatingOfficer of the Company, certify pursuant to 18 U. S. C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that :

 

1.               TheReport fully complies with the requirements of Section 13 (a) or 15 (d) of theSecurities Exchange Act of 1934, as amended; and

 

2.               Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
|   | Date: March  24, 2004                 | By: | /s/   James W. Dolan |
|--------|---------------------------------------|-----|-------------------------------------|
|   | James W. Dolan                        |
|   | Chief Financial and Operating Officer |

 

----
#### § 40.4 Posting at mine.

A copy of the information provided the operator pursuant to § 40.3 of this part shall be posted upon receipt by the operator on the mine bulletin board and maintained in a current status.
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   DEC-31-1997
<CASH>                                         50,255
<SECURITIES>                                   0
<RECEIVABLES>                                  38,632
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               88,887
<PP&E>                                         163,176
<DEPRECIATION>                                 87,635
<TOTAL-ASSETS>                                 166,026
<CURRENT-LIABILITIES>                          234,748
<BONDS>                                        50,000
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       83,356
<OTHER-SE>                                     (233,916)
<TOTAL-LIABILITY-AND-EQUITY>                   166,026
<SALES>                                        490,832
<TOTAL-REVENUES>                               495,602
<CGS>                                          0
<TOTAL-COSTS>                                  487,670
<OTHER-EXPENSES>                               (791)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             10,720
<INCOME-PRETAX>                                (1,997)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (1,997)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,997)
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
### Part III—Radio Installations on Vessels Carrying Passengers for Hire
EXHIBIT 32.1
                                  ------------

                           CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection  with the  Quarterly  Report of NeoMedia  Technologies,  Inc. (the
"Company")  on Form 10-QSB for the period  ended June 30, 2004 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned,  in the  capacities  and  on  the  dates  indicated  below,  hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

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 operation of the Company.

Date: August 2, 2004                       By: /s/ Charles T. Jensen
      --------------                           ---------------------------------
                                           Name: Charles T. Jensen
                                           Title: Chief Executive Officer

A signed  original of this written  statement  required by Section 906, or other
document  authentications,  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 NeoMedia  Technologies,
Inc. and will be retained by NeoMedia  Technologies,  Inc. and  furnished to the
Securities and Exchange Commission or its staff upon request.
#### § 58.55 Notice of intent to prepare an EIS.

As soon as practicable after the responsible entity decides to prepare an EIS, it must publish a NOI/EIS, using the HUD recommended format and disseminate it in the same manner as required by 40 CFR parts 1500 through 1508.
United States Court of Appeals

Fifth Circuit

FILED

March 15, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-30543

Summary Calendar

 

DARLENE TAYLOR DALLEO, Individually and as the Surviving

Wife of Salvadore Dalleo, III,

Plaintiff-Appellant,

versus

RIVER CONSTRUCTION CO. INC., ET AL.,

Defendants,

RIVER CONSTRUCTION COMPANY INC.,

Defendant - Third Party Plaintiff -

Appellee - Appellant,

and

LOUISIANA WORKERS’ COMPENSATION CORPORATION,

Defendant - Appellee,

v.

LOUISIANA INSURANCE GUARANTY ASSOCIATION,

Third Party Defendant - Appellee.

--------------------

Appeals from the United States District Court

for the Eastern District of Louisiana

USDC No. 01-CV-2397-C

--------------------

Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
No. 03-30543

-2-

* 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.

PER CURIAM:*

Darlene Dalleo, surviving spouse of Salvadore Dalleo, III,

appeals the district court’s grant of summary judgment and

dismissal of her claims against River Construction Co., Inc., a

marine construction company which employed Mr. Dalleo. River

Construction contracted to do dock repair work; it provided the

barge from which its employees did the repair work; Dalleo was

injured while climbing down timbers located on the dock in order to

get to the barge. Mrs. Dalleo filed suit against River

Construction arguing that, as owner of the barge, River

Construction was negligent under 33 U.S.C. § 905(b) for not

providing a safe ingress/egress between the barge and the dock.

Our de novo review of the record reveals that, in its capacity

as owner of the barge, River Construction did not breach its (1)

turnover duty, (2) its duty to protect against hazards arising in

areas or equipment under the barge’s active control, or (3) its

duty to intervene based upon knowledge as barge owner of a serious

hazard ignored by it acting in its capacity as stevedore. See

Fontenot v. United States, 89 F.3d 205, 209 (5th Cir. 1996); see

also Scindia Steam Nav. Co. v. De Los Santos, 451 U.S. 156, 166-70

(1981); Howlett v. Birkdale Shipping Co., S.A., 512 U.S. 92, 98

(1994); Castorina v. Lykes Bros. S.S. Co., Inc., 758 F.2d 1025,
No. 03-30543

-3-

1031-33 (5th Cir. 1985). The district court was correct to dismiss

Mrs. Dalleo’s negligence claim against River Construction.

The claims subject of this suit fall within the definition of

ocean marine insurance as defined in LA. REV. STAT. ANN. 22:1379(9)

(West 1995), and the district court correctly dismissed River

Construction’s third-party claim against the Louisiana Insurance

Guaranty Association. See Blair v. Sealift, Inc., 91 F.3d 755, 757

(5th Cir. 1996); H & B Const. Co., Inc. v. LIGA, 580 So. 2d 931,

933-34 (La. App. 1991). 

AFFIRMED.
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 Annual Report of Verdant Technology Corporation (the Company) on Form 10-K for the period ending December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, David J. Curd, Interim 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:

3.

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

4.

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



|                                |                | 
|------------------------------- | -------------- | 
|Date:                           | April 15, 2009
|                               
|/s/ David J. Curd               |               
|David J. Curd                   |               
|Interim Chief Financial Officer
#### The People of the State of New York ex rel. Richard Lederer, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent.

Motion for permission to appeal to the Court of Appeals denied.
#### § 550.140 When will I receive an oral approval?

When you apply for BOEM approval of any activity, we normally give you a written decision. The following table shows circumstances under which we may give an oral approval.

| When you . . . | We may . . . | And . . . |
| --- | --- | --- |
| (a) Request approval orally, | Give you an oral approval, | You must then confirm the oral request by sending us a written request within 72 hours. |
| (b) Request approval in writing, | Give you an oral approval if quick action is needed, | We will send you a written approval afterward. It will include any conditions that we place on the oral approval. |
**Exhibit 32.1**

**CERTIFICATION OFCHIEF EXECUTIVEOFFICER OF TRAMMELL CROW COMPANYPURSUANT TO 18 U.S.C. § 1350**

In connection with the accompanying report on Form 10-Qfor the period ending June 30, 2006, and filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Robert E. Sulentic,Chief Executive Officer of Trammell Crow Company (the “Company”), herebycertify that:

1.                The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.                Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
|                            | /s/ ROBERT E. SULENTIC    |
|----------------------------|---------------------------|
|                       | Name: Robert E.  Sulentic |
| Date: August 9,  2006 |                      |

 

----
### §45101. Definition

In this chapter, "controlled substance" means any substance under section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 802) specified by the Administrator of the Federal Aviation Administration.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1221.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 45101 | 49 App.:1434(f). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(f); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 956. |

Section
<PAGE>


                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



         In connection with the Quarterly Report on Form 10-QSB for the period
ended March 31, 2004 (the "Report") of Pinnacle Bancshares, Inc. (the
"Company"), as filed with the Securities and Exchange Commission on the date
hereof, the undersigned, Chief Executive Officer and Chief Financial Officer of
the Company, hereby certifies that to the best of my knowledge:


         (1)      the Report fully complies with the requirements of section
                  13(a) or 15(d) 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 the Company as of and for the periods covered in
                  the Report.



/s/ Robert B. Nolen, Jr.
-------------------------------------------------
Robert B. Nolen, Jr., Chief Executive Officer and
 Chief Financial Officer


May 14, 2004
--------------------------------------------------
(Date)




         A signed original of the 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. The
information furnished herein shall not be deemed to be filed for purposes of
Section 18 of the Securities Exchange Act of 1934, nor shall it be deemed
incorporated by reference in any filing under the Securities Act of 1933.



                                       18
### §20301. Definition and nonapplication

(a) Definition.—In this chapter, "vehicle" means a car, locomotive, tender, or similar vehicle.

(b) Nonapplication.—This chapter does not apply to the following:

(1) a train of 4-wheel coal cars.

(2) a train of 8-wheel standard logging cars if the height of each car from the top of the rail to the center of the coupling is not more than 25 inches.

(3) a locomotive used in hauling a train referred to in clause (2) of this subsection when the locomotive and cars of the train are used only to transport logs.

(4) a car, locomotive, or train used on a street railway.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 881; Pub. L. 104–287, §5(52), Oct. 11, 1996, 110 Stat. 3393.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 20301(a) | 45:8 ("trains, locomotives, tenders, cars, and similar vehicles"). | |
| | 45:9 (3d sentence). | |
| 20301(b) | 45:6 (1st sentence proviso). | Mar. 2, 1893, ch. 196, §6 (1st sentence proviso), 27 Stat. 532; restated Apr. 1, 1896, ch. 87, 29 Stat. 85. |
| | 45:8 (words after 16th comma). | Mar. 2, 1903, ch. 976, §1 (words after 23d comma), 32 Stat. 943. |

Section

Subsection (a) is added to avoid repeating the substance of the definition throughout this chapter.

In subsection (b), the words before clause (1) are substituted for "Provided, That nothing in sections 1 to 7 of this title shall apply to" in 45:6 because 45:9, 11, and 16 provide that 45:9 and 11–16 apply to the same vehicles and trains as 45:1–7 apply to. In clause (1), the word "coal" is added for clarity because of the decision of the Supreme Court in Baltimore & Ohio Railway Co. v. Jackson, 353 U.S. 325, 333 (1957) and the legislative history of 45:6 (proviso). See 24 Cong. Rec. 1477 (1893). The text of 45:8 (words after last comma) is omitted as unnecessary because of the definition of "railroad" in section 20102 of the revised title.

#### Pub. L. 104–287

This amends 49:20301(b) to clarify the restatement of 45:8 by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 881).

#### **Editorial Notes**

#### Amendments

1996—Subsec. (b)(4). Pub. L. 104–287 added par. (4).

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

#### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–287 effective July 5, 1994, see section 8(1) of Pub. L. 104–287, set out as a note under section 5303 of this title.