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

_____________________ No. 01-60930

_____________________ JAKE AYERS, JR, Etc; ET AL

Plaintiffs JAKE AYERS, JR, Private Plaintiffs

Plaintiff - Appellant
LILLIE B AYERS; LEOLA BLACKMON; RANDOLPH WALKER; HENRY BERNARD AYERS; DR IVORY PHILLIPS; APPROXIMATELY 4,000 PETITIONERS, AFFIANTS, PARTIES IN INTEREST AND OTHERWISE PARTICIPANTS IN THE AYERS CONTROVERSY, also known as Lillie B Ayers Private Plaintiffs Appellants

v. RONNIE MUSGROVE, Governor, State of Mississippi

Defendant - Appellee BOARD OF TRUSTEES OF STATE INSTITUTION OF HIGHER LEARNING; DELTA STATE UNIVERSITY; MISSISSIPPI STATE UNIVERSITY; UNIVERSITY OF SOUTHERN MISSISSIPPI; UNIVERSITY OF MISSISSIPPI; MISSISSIPPI UNIVERSITY FOR WOMEN

Appellees

v. LOUIS ARMSTRONG Movant - Appellant

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Mississippi

(4:75-CV-9)

_________________________________________________________________* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

2 December 28, 2001 Before KING, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM: * Appellants are members of a class certified under Federal Rule of Civil Procedure 23(b)(2). F ED . R. C IV . P RO . 23(b)(2). After other members of the class proposed a settlement agreement but before the district court approved or rejected that agreement, Appellants filed a motion for leave to opt out of the class. The district court entered an order denying Appellants’ motion to opt out, and Appellants appeal that order. We dismiss Appellants’ appeal because the district court’s order is not currently appealable. First, the district court’s order is not appealable under 28 U.S.C. § 1291 because it is not a final decision “that ends the litigation on the merits and leaves nothing more for the court to do but execute the judgment.” Green Tree Fin. Corp.-Alabama v. Randolph , 531 U.S. 79, 86 (2000) (internal citations and quotations omitted). Second, the district court’s order is not appealable under 28 U.S.C. § 1292(a)(1) as an injunction because the order does not command action from any party, does not threaten contempt for non-action, and does not accord substantive relief to any party.
See Police Ass’n of New Orleans v. City of New Orleans , 100 F.3d3

1159, 1166 (5th Cir. 1996). Third, the district court’s order is not appealable as a class certification order under Federal Rule of Civil Procedure 23(f). F ED . R. C IV . P RO . 23(f). Finally, the district court’s order is not appealable as a collateral order because it does not resolve questions separate from the merits and is effectively reviewable on appeal from the final judgment.
See Coopers & Lybrand v. Livesay , 437 U.S. 463, 469 & n.12 (1978). Appeal DISMISSED.
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk April 6, 2011

d0330 

# Order

April 6, 2011

141845-46

HEATHER SWANSON, Plaintiff-Appellant,

v SC: 141845-46 COA: 275404; 278491 St. Clair CC: 04-002438-NH PORT HURON HOSPITAL, a/k/a PORT HURON HOSPITAL MEDICAL GROUP, Defendant,

and

JEANNIE L. ROWE, D.O. and BLUEWATER OBSTETRICS AND GY NECOLOGY, P.C., Defendants-Appellees.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the September 28, 2010 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented s hould be reviewed by this Court.

C AVANAGH

, M ARILYN K ELLY , and H ATHAWAY , JJ., would grant leave to appeal.
FREMONT

CARBON

SWEETWATER

ALBANY

NATRONA

SUBLETTE

LINCOLN

CONVERSE

CROOK

UINTA

LARAMIE

WESTON

PLATTE

GOSHEN

NIOBRARA

§ ̈¦25

§ ̈¦80

§ ̈¦80

§ ̈¦80

§ ̈¦25

§ ̈¦90

Bridger-Teton

Thunder 

Basin

Medicine-Bow

Medicine-Bow

Rawlins

Casper

Rock Springs

Kemmerer

Pinedale

Yellowstone Newcastle

National Park

Lusk

Yoder

Hanna

Baggs

Afton

Hulett

Glendo

Casper

Douglas

Bairoil

Rawlins

Laramie

Superior

Sundance

Saratoga

La Barge Guernsey

Pinedale

Kemmerer

Evanston

Cheyenne

Wheatland

Wamsutter

Cokeville

Chugwater

Big Piney

Newcastle

Torrington

Rock River

Pine Bluffs

Green River

Medicine Bow

Fort Laramie

Elk Mountain

Rock Springs

Grand Encampment

0 25 50 100

Miles

0 25 50 100

Kilometers

Wyoming Sage-Grouse 

Land Use Plan Amendments

o

NO WARRANTY IS MADE BY THE BLM FOR USE OF 

THE DATA FOR PURPOSES NOT INTENDED BY BLM.

LUP Amendments Planning Area

BLM Field Office Boundary

Forest Service Planning Unit Boundary

Withdrawn from Mineral Entry

Proposed Withdrawal from Mineral Entry

BLM and USFS Surface Lands

Sage-grouse Priority/Core Habitat Areas

Sage-grouse Connectivity Habitat areas

Counties

Water

Interstate

State / US Hwy

Cities

Map 2-19: Alternative A

Areas Withdrawn 

from Mineral Entry
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.1107-15 Fire suppression devices; hazards; training of miners.

Each operator shall instruct all miners normally assigned to the active workings of the mine with respect to any hazards inherent in the operation of all fire suppression devices installed in accordance with § 75.1107-1 and, where appropriate, the safeguards available at each such installation.

[37 FR 15303, July 29, 1972]
### §1504. Investigations; notice of hearing

When a Federal agency charged with the duty of making a loan or grant of funds of the United States for use in an activity by a State or local officer or employee has reason to believe that the officer or employee has violated section 1502 of this title, it shall report the matter to the Special Counsel. On receipt of the report or on receipt of other information which seems to the Special Counsel to warrant an investigation, the Special Counsel shall investigate the report and such other information and present his findings and any charges based on such findings to the Merit Systems Protection Board, which shall—

(1) fix a time and place for a hearing; and

(2) send, by registered or certified mail, to the officer or employee charged with the violation and to the State or local agency employing him a notice setting forth a summary of the alleged violation and giving the time and place of the hearing.

The hearing may not be held earlier than 10 days after the mailing of the notice.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 405; Pub. L. 95–454, title IX, §906(a)(7), Oct. 13, 1978, 92 Stat. 1225.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 118k(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence). | July 19, 1940, ch. 640 §4 "Sec. 12(b) (1st and 2d sentences, and 4th through 17th words of 3d sentence)", 54 Stat. 768.June 11, 1960, Pub. L. 86–507, §1(1), 74 Stat. 200. |

Statutes at Large

June 11, 1960, Pub. L. 86–507, §1(1), 74 Stat. 200.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

1978—Pub. L. 95–454 substituted provisions respecting the functions of the Special Counsel and the Merit Systems Protection Board for provisions respecting the functions of the Civil Service Commission.

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

#### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
### SUBCHAPTER II—PACKERS GENERALLY
EXHIBIT 32.4



Certification of Chief Financial Officer 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-Q/A of
Duquesne Light Company (the Company) for the period ending March 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), Stevan R. Schott, as Chief Financial Officer of the Company,
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, 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



WITNESS the due execution hereof this 24th day of March, 2005.



/s/ Stevan R. SchottStevan R. SchottSenior Vice President and Chief Financial Officer




A signed
original of this written statement required by Section 906, or other document authenticating, 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 Duquesne Light Company and will be retained by Duquesne Light Company and furnished to the Securities and Exchange Commission or its staff upon request.
§ 536.152 Payment of claims generated by acts or omissions of NAFI employees. ( a ) The settlement or approval authority will forward the appropriate payment documents to the office listed in DA Pam 27-162, paragraph 2-80h, for payment.
( b ) Reimbursement to a foreign country of the United States' pro rata share of a claim paid pursuant to an international agreement will be made from NAFs.
### SUBCHAPTER IV—RESEARCH REGARDING PRODUCTION, PREPARATION, PROCESSING, HANDLING, AND STORAGE OF AGRICULTURAL PRODUCTS
Exhibit 13.1

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 annual report of Sasol Limited (the "Company") on Form 20-F for the period ending
30 June 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned hereby certify that to the best of our
knowledge:



Date: 28 September 2010By:

/s/ LAWRENCE PATRICK ADRIAN DAVIESLawrence Patrick Adrian Davies Chief ExecutiveDate: 28 September 2010By:

/s/ KANDIMATHIE CHRISTINE RAMONKandimathie Christine Ramon Chief Financial Officer


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

This
certification will not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liability of that section. This
certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the Securities Exchange Act of 1934, even if the document with which it is
submitted to the Securities and Exchange Commission is so incorporated by reference.

---



QuickLinks
#### § 510.1 Private ministrations, sacraments, and ordinances.

Chaplains will conduct or arrange for appropriate burial services at the interment of members of the military service, active and retired, and for members of their families upon request. A chaplain may perform the marriage rite, provided he complies with the civil law of the place where the marriage is to be solemnized and provided all parties concerned have complied with the requirements of the denomination the chaplain represents and with any directives which may have been issued by the military command or higher headquarters. The scope of the chaplains' work will include such ministrations as are held by some denominations or religious bodies as sacraments and by others as rites or ordinances. Chaplains will administer or arrange for rites and sacraments for military personnel and civilians under military jurisdiction according to the respective beliefs and conscientious practices of all concerned.

[16 FR 12931, Dec. 27, 1951]
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          FEB-28-1999
<PERIOD-END>                               NOV-30-1998
<CASH>                                           23309
<SECURITIES>                                         0
<RECEIVABLES>                                    19544
<ALLOWANCES>                                      1077
<INVENTORY>                                       4902
<CURRENT-ASSETS>                                 50942
<PP&E>                                           93430
<DEPRECIATION>                                   58940
<TOTAL-ASSETS>                                   93642
<CURRENT-LIABILITIES>                            10016
<BONDS>                                             32
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         53125
<OTHER-SE>                                      121619
<TOTAL-LIABILITY-AND-EQUITY>                     93642
<SALES>                                         112038
<TOTAL-REVENUES>                                112038
<CGS>                                            76860
<TOTAL-COSTS>                                    76860
<OTHER-EXPENSES>                                 20561
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  46
<INCOME-PRETAX>                                  15594
<INCOME-TAX>                                      5731
<INCOME-CONTINUING>                               9863
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      9863
<EPS-PRIMARY>                                      .60
<EPS-DILUTED>                                      .60
        

</TABLE>
**EXHIBIT 32.2****SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER**I, Richard L. Travis, Jr., Chief Financial Officer of Ennis, Inc. (the “Company”), certify, thatpursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code:(1) The Quarterly Report on Form 10-Q of the Company for the period endedNovember 30, 2005, as filed with the Securities Exchange Commission onthe date hereof (the “Report”) fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934, asamended; and (2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operationsof the Company as of the dates and for the periods expressed in theReport.       /s/ Richard L. Travis, Jr.         Richard L. Travis, Jr.    Chief Financial Officer    Date: January 9, 2006  *The foregoing Certification is being furnished solely pursuant to 18 U.S.C. Section 1350; it is notbeing filed for purposes of Section 18 of the Securities Exchange Act, and is not to beincorporated by reference into any filing of the Company, whether made before or after the datehereof, regardless of any general incorporation languages in such filing.*
<PAGE>   1



                                                                      Exhibit 11

<TABLE>
                  SCHEDULE OF COMPUTATION OF EARNINGS PER SHARE
                      (In Thousands, Except Per Share Data)
                                   (Unaudited)

<CAPTION>
                                                Three Months       Three Months
                                                    Ended             Ended
                                                September 30       September 30
                                                    1996               1995

<S>                                             <C>                <C>       
Primary
-------

Net Income                                      $      214         $    1,687
                                                ==========         ==========

Weighted Average Shares Outstanding              7,878,605          7,686,490

Incremental Shares from Assumed
       Exercise of Stock Options                   136,746            271,383
                                                ----------         ----------

Total Shares                                     8,015,351          7,957,873
                                                ==========         ==========

Primary Per Share Amounts
-------------------------

Net Income                                      $     0.03         $     0.21
                                                ==========         ==========
Fully Diluted *
-------------

Net Income                                      $      214         $    1,687
                                                ==========         ==========

Weighted Average Shares Outstanding              7,878,605          7,686,490

Incremental Shares from Assumed
       Exercise of Stock Options                   136,746            295,715
                                                ----------         ----------

Total Shares                                     8,015,351          7,982,205
                                                ==========         ==========

Fully Diluted Per Share Amounts
-------------------------------

Net Income                                      $     0.03         $     0.21
                                                ==========         ==========
<FN>


*      Fully diluted earnings per share calculation is presented in accordance
       with Regulation S-K item 601(b)(11) although not required by footnote 2
       to paragraph 14 of Accounting Principles Board Opinion No. 15 because it
       results in dilution of less than 3%.

</TABLE>
#### § 263.8 Signs.

Every driver shall comply with all posted traffic signs.
# Crittenden County Traffic Trends

(2000-2010)

• The information presented here is a trend analysis for traffic data collected in Crittenden County, Arkansas from 2000 - 2010. • The Arkansas State Highway and Transportation Depar tment collects Average Daily Traffic (ADT) on an annual basis. • All of the traffic data is collected and reported i n accordance with Federal Highway Administration guidelines in the Traffic Monitoring Guide (TMG) and the American Association of State Highway and Transportation Off icials Guidelines for Traffic Data Programs. • The Arkansas State Highway and Transportation Depar tment has 241 count stations in Crittenden County. • Vehicle Miles Traveled (VMT) is calculated from the Average Daily Traffic (ADT) using the formula: Total VMT = SUM (Section Length x ADT). • Chart 1 displays the historic Daily Vehicles Miles Traveled (DVMT) for all public roads in Crittenden County and Chart 2 displays the DVMT for all public roads (all State and US Highways, City Streets and County Roads) in the Sta te of Arkansas. • The calculated Average Annual Growth Factor (AAGF) Statewide from 2000 through 2010 is 1.91%, while in Crittenden County the AAGF is only 0.14%. • The Statewide DVMT (Chart 2) has increased 5.1% since 2006, while the Crittenden County DVMT (Chart 1) has decreased 9.5% during the same period.AHTD: P&R: PAS: MCH 1/25/2012 **Chart 1**

2000-2010 AAGF=0.14% increase in VMT 2006-2010 9.5% decrease in VMT **Chart 2**

2000-2010 AAGF=1.91% increase in VMT 2006-2010 5.1% increase in VMT 2,100,000 2,150,000 2,200,000 2,250,000 2,300,000 2,350,000 2,400,000 2,450,000 2,500,000 2,550,000 2,600,000

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010**DVMT**

**Year**



## Crittenden County DVMT

76,000,000 78,000,000 80,000,000 82,000,000 84,000,000 86,000,000 88,000,000 90,000,000 92,000,000 94,000,000

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010**DVMT**

**Year**



## Statewide DVMT
<PAGE>

                                                                      EXHIBIT 99

                    WINTHROP PARTNERS 80 LIMITED PARTNERSHIP

                                DECEMBER 31, 2000

         SUPPLEMENTARY INFORMATION REQUIRED PURSUANT TO SECTION 9.4 OF
                     THE PARTNERSHIP AGREEMENT (UNAUDITED)

1.  Statement of Cash Available for Distribution:

<TABLE>
<CAPTION>
                                                                     Year Ended      Three Months Ended
                                                                  December 31, 2000   December 31, 2000
                                                                  -----------------   -----------------
<S>                                                                  <C>                <C>
Net Income                                                           $ 1,543,000        $   142,000
          Add:Depreciation and amortization charged to income
              not affecting cash available for distribution               92,000             26,000
              Minimum lease payments received, net of interest
              income earned, on leases accounted for under the
              financing method                                           234,000             69,000
              Cash from reserves                                         201,000             43,000

          Less:Leasing costs                                             (60,000)                --
                                                                     -----------        -----------

              Cash Available for Distribution                        $ 2,010,000        $   280,000
                                                                     ===========        ===========
              Distributions allocated to General Partners            $    87,000        $    22,000
                                                                     ===========        ===========
              Distributions allocated to Limited Partners            $ 1,923,000        $   258,000
                                                                     ===========        ===========
</TABLE>

2.  Fees and other compensation paid or accrued by the Partnership to the
    General Partners, or their affiliates, during the three months ended
    December 31, 2000:

Entity Receiving                        Form of
  Compensation                        Compensation                      Amount
  ------------                        ------------                      ------

Winthrop
Management LLC         Property Management Fees                        $ 4,000

General Partners       Interest in Cash Available for Distribution     $22,000

Affiliates of the
General Partner        Interest in Cash Available for Distribution     $ 1,000

                                       33