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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6568

RICHARD WADE KENDRICK,

Plaintiff - Appellant,

versus

RON ANGELONE; STAFF DEFENDANTS,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge.

(CA-97-243-R)

Submitted: August 28, 1997 Decided: September 17, 1997

Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard Wade Kendrick, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant, a Virginia inmate, appeals the district court's

order denying relief on his 42 U.S.C. § 1983 (1994) complaint under

28 U.S.C.A. § 1915A (West Supp. 1997). We have reviewed the record

and the district court's opinion and find that this appeal is frivolous. Accordingly, we deny Appellant's motion for injunctive relief and dismiss the appeal on the reasoning of the district court.

Kendrick v. Angelone, No. CA-97-243-R (W.D. Va. Apr. 16, 1997). We

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

DISMISSED
CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)


     In  connection  with  the  accompanying Quarterly Report of Radale Imports,
Inc., (the "Company") on Form 10-QSB for the period ended December 31, 2003 (the
"Report"),  I,  Lee  D.  Dodson,  Chief Financial Officer of the Company, hereby
certify  that  to  my  knowledge:

     (1)     The Report fully complies with the requirements of Section 13(a) or
15(d)  of  the  Securities Exchange Act of 1934 (15 U.S.C.  78m or  78o(d)); and

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


                                           /s/  Lee  D.  Dodson
Dated:  February  __,  2004                -------------------------------------
                                           Lee  D.  Dodson
                                           Chief  Financial  Officer


     The  above certification is furnished solely pursuant to Section 906 of the
Sarbanes-Oxley  Act  of 2002 (18 U.S.C.  1350) and is not being filed as part of
the  Form  10-Q  or  as  a  separate  disclosure  document.









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Home                 > Browse by Title > Nominations of Alan Greenspan, Alice M. Rivlin, and Laurence H. Meyer

              																	United States. Congress. Senate. Committee on Banking, Housing, and Urban Affairs, 1970-					 and 	One Hundred Fourth Congress, 1995-1997. 						*Nominations of Alan Greenspan, Alice M. Rivlin, and Laurence H. Meyer : Hearing Before the Committee on Banking, Housing, and Urban Affairs, United States Senate, One Hundred Fourth Congress, Second Session, March 26, 1996*,												Washington: 								U.S. Government Printing Office, 										March 26, 1996,									https://fraser.stlouisfed.org/title/275,			accessed on September 1, 2024.						    

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#### § 56.14110 Flying or falling materials.

In areas where flying or falling materials generated from the operation of screens, crushers, or conveyors present a hazard, guards, shields, or other devices that provide protection against such flying or falling materials shall be provided to protect persons.
### §11502. Withholding State and local income tax by rail carriers

(a) No part of the compensation paid by a rail carrier providing transportation subject to the jurisdiction of the Board under this part to an employee who performs regularly assigned duties as such an employee on a railroad in more than one State shall be subject to the income tax laws of any State or subdivision of that State, other than the State or subdivision thereof of the employee's residence.

(b) A rail carrier withholding pay from an employee under subsection (a) of this section shall file income tax information returns and other reports only with the State and subdivision of residence of the employee.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 844.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 11504 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Prior sections 11502 to 11507 were omitted in the general amendment of this subtitle by Pub. L. 104–88, §102(a).

Section 11502, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1445, related to conferences and joint hearings with State authorities.

Section 11503, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1445, related to tax discrimination against rail transportation property. See section 11501 of this title.

Section 11503a, added Pub. L. 96–296, §31(a)(1), July 1, 1980, 94 Stat. 823; amended Pub. L. 97–261, §20, Sept. 20, 1982, 96 Stat. 1122, related to tax discrimination against motor carrier transportation property. See section 14502 of this title.

Section 11504, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1446; Pub. L. 97–261, §29(d), Sept. 20, 1982, 96 Stat. 1128; Pub. L. 101–322, §7, July 6, 1990, 104 Stat. 296; Pub. L. 103–272, §5(m)(33), July 5, 1994, 108 Stat. 1378, related to withholding State and local income tax by certain carriers. See sections 11502 and 14503 of this title.

Section 11505, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1448; Pub. L. 99–521, §11(b), Oct. 22, 1986, 100 Stat. 2998, related to State action to enjoin rail carriers from certain actions.

Section 11506, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1448; Pub. L. 102–240, title IV, §4005, Dec. 18, 1991, 105 Stat. 2146, related to registration of motor carriers by a State.

Section 11507, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1449; Pub. L. 98–473, title II, §233, Oct. 12, 1984, 98 Stat. 2031, related to prison-made property governed by State law.

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

#### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
MEMORANDUM

DATE: October 11 , 2011

SUBJECT: Information on Conventional Spray Gun Use from Bryan Starnes of

Linwood Furniture

FROM: Nicholas Swanson, EPA/OAQPS/SPPD/NRG

TO: Docket No.: EPA

- HQ

- OAR

- 2010

- 0786

On May 23, 2011, Mr. Bryan Starnes of Linwood Furniture (located in Linwood, NC) responded via email (see Attachment) to an inquiry that I made regarding their use of conventional spray guns.

From the information he provided in his email

, I interpreted it to mean that he uses conventional spr ay guns because they have known finish quality and that changing now would mean changing something that does not need to be changed in Linwood Furniture’s spray coating process . Mr. Starnes also points out
that conventional spray guns are permissible under the current MACT standardsAttachment
§ 291.115 How do I exhaust administrative remedies? ( a ) If the BSEE Director issues a decision under this part but does not expressly make the decision effective upon issuance, you must appeal the decision to the IBLA under 43 CFR part 4 to exhaust administrative remedies. Such decision will not be effective during the time in which a person adversely affected by the BSEE Director's decision may file a notice of appeal with the IBLA, and the timely filing of a notice of appeal will suspend the effect of the decision pending the decision on appeal.
( b ) This section does not apply if a decision was made effective by: ( 1 ) The BSEE Director; or
( 2 ) The Assistant Secretary for Land and Minerals Management.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-30,053-07

IN RE ANTONIO DUDLEY, Relator

ON APPLICATION FOR A WRIT OF MANDAMUS

CAUSE NO. 534058-G IN THE 208TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

Relator has filed a motion for leave to file an application for a writ of mandamus under this

Court’s original jurisdiction. He contends that he filed an application for a writ of habeas corpus in

Harris County and his application has not been properly forwarded to this Court.

Respondent, the District Clerk of Harris County, shall forward Relator’s habeas application

to this Court, respond that Relator has not filed a habeas application in Harris County, or forward

a copy of an order designating issues together with correspondence documenting the date the State

received Relator’s habeas application. See TEX. CODE CRIM. PROC. art. 11.07, § 3(c) and (d); TEX.

R. APP. P. 73.4(b)(5). This motion for leave to file will be held. Respondent shall comply with this

order within thirty days from the date of this order.
2

Filed: December 11, 2019

Do not publish
**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-Q for the quarter ended March 31, 2006 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:
                  May 15, 2006
              By:*/s/
                  David A. Dodge*Name:David
                  A. DodgeTitle:Chief
                  Financial Officer and principal
                  accounting 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.
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.1014 When pipeline right-of-way grants expire.

Any right-of-way granted under the provisions of this subpart remains in effect as long as the associated pipeline is properly maintained and used for the purpose for which the grant was made, unless otherwise expressly stated in the grant. Temporary cessation or suspension of pipeline operations shall not cause the grant to expire. However, if the purpose of the grant ceases to exist or use of the associated pipeline is permanently discontinued for any reason, the grant shall be deemed to have expired.
### §60310. Vessels making daily trips on interior waters

A vessel making regular daily trips between a port of the United States and a port of Canada only on interior waters not navigable to the ocean is exempt from tonnage taxes and light money, except on its first clearing each year.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1679.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 60310 | 46 App.:125. | R.S. §4221. |

Section

The words "is exempt from tonnage taxes" are substituted for "no tonnage fees shall be charged" for consistency in the revised chapter. The words "and light money" are added for clarity and consistency. See 19 C.F.R. §4.21 (2003). The words "by the officers of the United States" are omitted as unnecessary.
EXHIBIT 32

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 Simon Property Group, L.P. (the "Company") on Form 10-Q for the
period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

/s/ DAVID SIMON David Simon
Chairman of the Board of Directors and
Chief Executive Officer of
Simon Property Group, Inc., General PartnerDate: November 12, 2010/s/ STEPHEN E. STERRETT Stephen E. Sterrett
Executive Vice President and
Chief Financial Officer of
Simon Property Group, Inc., General PartnerDate: November 12, 2010


40

---
EXHIBIT 99.2





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 Ultra Petroleum Corporation (the Company) on Form 10-Q for the quarterly period ended September 30,
2002, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, F. Fox Benton III, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(1) The Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities and 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.





Dated: November 13, 2002





/s/ F. Fox Benton III


---

F. Fox Benton III, Chief Financial Officer




1
#### Helmsley-Spear, Inc., et al., Respondents, v Michael Fishman, as President of SEIU, Local 32B-32J, AFL-CIO, et al., Appellants.

[833 NYS2d 491]

Order, Supreme Court, New York County (Martin Shulman, J.), entered April 13, 2006, which granted plaintiffs’ motion for a preliminary injunction against defendants continuing their “banging racket” outside the Empire State Building, unanimously reversed, on the law, without costs, the injunction vacated and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

This action to restrain conduct of loud drumming to publicize defendant union’s handbilling activities is preempted by federal labor law *(see Machinists v Wisconsin Employment Relations Comm'n,*427 US 132 [1976]; *Wolf St. Supermarkets v Mc-Partland,*108 AD2d 25 [1985], *lv dismissed*68 NY2d 833 [1986]; *Jou-Jou Designs v International Ladies' Garment Workers' Union, Local 23-25,*94 AD2d 395 [1983], *affd*60 NY2d 1011 [1983]; *see also Teamsters v Morton,*377 US 252, 259-260 [1964]; *San Diego Building Trades Council v Garmon,*359 US 236, 244 [1959]). Indeed, the complained-of conduct has already been the subject of a ruling by the National Labor Relations Board recognizing defendants’ right to engage in such activities.

The complaint sought only injunctive relief. Inasmuch as such relief is barred, dismissal of the complaint, as demanded in the answer, is appropriate. Concur—Williams, J.P., Gonzalez, Catterson and Kavanagh, JJ. [See 12 Misc 3d 1151(A), 2006NY Slip Op 50855(U) (2006).]
§ 93.350 Other federal requirements and nondiscrimination; affirmative marketing. ( a ) *General.* The Federal requirements set forth in 24 CFR part 5, subpart A, are applicable to participants in the HTF program. The requirements of this subpart include: nondiscrimination and equal opportunity; disclosure requirements; debarred, suspended, or ineligible contractors; drug-free work; and housing counseling.
( b ) *Affirmative marketing.* ( 1 ) Each grantee must adopt and follow affirmative marketing procedures and requirements for rental projects containing five or more HTF-assisted housing units and for homeownership assistance programs. Affirmative marketing steps consist of actions to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status, or disability. If a grantee's written agreement with the project owner permits the rental housing project to limit tenant eligibility or to have a tenant preference in accordance with § 93.303(d)(3), the grantee must have affirmative marketing procedures and requirements that apply in the context of the limited/preferred tenant eligibility for the project.
( 2 ) The affirmative marketing requirements and procedures adopted must include: ( i ) Methods for informing the public, owners, and potential tenants about Federal fair housing laws and the grantee's affirmative marketing policy (*e.g.,* the use of the Equal Housing Opportunity logotype or slogan in press releases and solicitations for owners, and written communication to fair housing and other groups);
( ii ) Requirements and practices the grantee and owner must adhere to in order to carry out the grantee's affirmative marketing procedures and requirements (*e.g.,* use of commercial media, use of community contacts, use of the Equal Housing Opportunity logotype or slogan, and display of fair housing poster);
( iii ) Procedures to be used by the grantee and owners to inform and solicit applications from persons in the housing market area who are not likely to apply for the rental housing or homeownership assistance program without special outreach (*e.g.,* through the use of community organizations, places of worship, employment centers, fair housing groups, or housing counseling agencies);
( iv ) Records that will be kept describing actions taken by the grantee and owners to affirmatively market rental housing units and homeownership assistance program and records to assess the results of these actions; and
( v ) A description of how the grantee will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met.
( 3 ) A grantee that subgrants HTF funds to subgrantees must require each subgrantee to either follow the grantee's procedures and requirements or adopt its own affirmative marketing procedures and requirements that meet this section.
[80 FR 5220, Jan. 30, 2015, as amended at 81 FR 90657, Dec. 14, 2016]
EXHIBIT 31.2

                                  CERTIFICATION


I, Frank Elenio, certify that:

1. I have reviewed this Quarterly Report on Form 10-QSB of RoomLinX, Inc.;

2. Based on my knowledge, this 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 report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information included in this 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 report;

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

a) designed such disclosure  controls and procedures,  or caused such disclosure
controls and  procedures to be designed  under our  supervision,  to ensure that
material  information  relating to the registrant is made known to us by others,
particularly during the period in which this report is being prepared;

b) evaluated  the  effectiveness  of the  registrant's  disclosure  controls and
procedures and presented in this report our conclusions  about the effectiveness
of the disclosure  controls and procedures,  as of the end of the period covered
by this report based on such evaluation; and

c) disclosed  in this report any changes in the  registrant's  internal  control
over  financial  reporting  that occurred  during the  registrant's  most recent
fiscal quarter (the registrant's  fourth fiscal quarter in the case of an annual
report) that has  materially  affected,  or is  reasonably  likely to materially
affect, the registrant's internal controls over financial reporting; and

5. The registrant's other certifying officer and I have disclosed,  based on our
most recent  evaluation of internal  control over  financial  reporting,  to the
registrant's  auditors  and the audit  committee  of the  registrant's  board of
directors (or persons performing the equivalent functions):

a) all  significant  deficiencies  and  material  weaknesses  in the  design  or
operation of internal  control over  financial  reporting  which are  reasonably
likely  to  adversely  affect  the  registrant's  ability  to  record,  process,
summarize and report financial information; 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 over
financial reporting.


Date:  November 19, 2004

                                           /s/ Frank Elenio
                                           ------------------------------
                                           Frank Elenio
                                           Chief Financial Officer