alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

1

IN THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT

__________________________

Consolidated Case Nos. 01-60543, 01-60544, 01-60545,

01-60546, 01-60547, 01-60548, 01-60549, 01-60550,

01-60551, 01-60552, 01-60553, 01-60554, 01-60555, 01-60556

__________________________

BANK ONE, N.A.,

Plaintiff-Appellee,

versus

WILLIE QUINN, JAMES BIRDSONG, ANNIE WHEELER, ROBERT JACKSON, PERCY

CATCHINGS, RICKY DILLON, QUAKO CURTIS, MARGARETTA LOFTON, ELOISE

TILLIS, JAMES TILLIS, DAIRY STRICKLAND, TRENTICE WILSON, WILLIE

MCRUNNELS, GERTRUDE MILLER, AND RUBY HARRINGTON

Defendants-Appellants.

___________________________________________________

Appeals from the United States District Court

for the Southern District of Mississippi

(3:01-CV-65-BN)

___________________________________________________

July 18, 2002

Before WIENER, E. GARZA, and PARKER, Circuit Judges.

PER CURIAM1:

Appellants challenge the district court’s rulings granting

Bank One’s motions to compel arbitration and denying their motions

for abstention and dismissal, discovery, and a jury trial. These

cases are indistinguishable from those that we reviewed and ruled
2 288 F.3d 181 (5th Cir. 2002).

3 No. 01-60051 (5th Cir. April 5, 2002) (unpublished).

4 125 F.Supp.2d 819 (S.D. Miss. 2001).

2

on in the related cases of Bank One, N.A. v. Boyd2 and Bank One,

N.A. v. Lake.

3 For essentially the same reasons that are set forth

in our opinion in Boyd and in the district court’s opinion in Bank

One, N.A. v. Coates,

4 the judgments of the district court in these

cases are, in all respects,

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 Quarterly Report of GPS Industries, Inc. (the "Company")
on Form 10-QSB for the nine months ended September 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
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.

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 GPS Industries, Inc. and
will be retained by GPS Industries, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.






Date:  November 14, 2005          By:  /s/ MICHAEL MARTIN
                                       --------------------------
                                       Michael Martin
                                       Chief Accounting Officer
                                       (Duly Authorized Officer)
1.604 Contracting Officer's Representative (COR). A contracting officer's representative (COR) assists in the technical monitoring or administration of a contract (*see* 1.602-2(d)). The COR shall maintain a file for each assigned contract. The file must include, at a minimum— ( a ) A copy of the contracting officer's letter of designation and other documents describing the COR's duties and responsibilities;
( b ) A copy of the contract administration functions delegated to a contract administration office which may not be delegated to the COR (*see* 1.602-2(d)(4)); and
( c ) Documentation of COR actions taken in accordance with the delegation of authority.
[76 FR 14545, Mar. 16, 2011]
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

April 26, 2013

d0423

Order 

April 26, 2013

146627-8(49)(52)(53)

_________________________________________

AHMED CHAKKOUR,

Petitioner-Appellee,

v SC: 146627

COA: 309854

Wayne CC: 11-104461-PP

TONYA CHAKKOUR,

Respondent-Appellant.

_________________________________________/

TONYA CHAKKOUR,

Plaintiff-Appellant,

v SC: 146628

COA: 310006

Wayne CC: 11-103999-DM

AHMED CHAKKOUR,

Defendant-Appellee.

_________________________________________/

On order of the Court, the motion for immediate consideration of the motion for 

peremptory reversal is GRANTED. The motion for reconsideration of this Court’s 

March 22, 2013 order is considered, and it is DENIED, because it does not appear that 

the order was entered erroneously. The motion for peremptory reversal is DENIED.
#### STATE v. LEMONS

No. 377A95

Case below: Wayne County Superior Court

Motion by defendant for appropriate relief denied 5 February 1998.
### §4404. Duties of Secretary of State

The Secretary of State, with the concurrence of the Secretary of Agriculture, may take such action as may be considered appropriate to assert and protect the rights of the United States under the agreement.

(Pub. L. 97–325, §5, Oct. 15, 1982, 96 Stat. 1605.)
Base Salaries and 2005 Annual Bonuses for certain Executive Officers



 Exhibit 10.47 
 Schedule of Base Salaries and 2005 for 
 Certain Executive Officers 
  

				
	 Name and Position
	  	Annual Base Salary
	 S.P. Johnson IV
 President and
Chief
 Executive Officer
	  	$	283,500
	 Paul F. Boling
 Chief Financial
Officer, Vice President, Secretary
 and Treasurer
	  	$	173,250
	 Gregory E. Evans
 Vice
President,
 Exploration
	  	$	175,000
	 J. Bradley Fisher
 Vice President and
Chief
 Operating Officer
	  	$	226,800
	 Jack Bayless
 Vice President of
Land
	  	$	175,000
THE THIRTEENTH COURT OF APPEALS

13-13-00619-CR

James Robert Montoya

v.

The State of Texas

On Appeal from the

167th District Court of Travis County, Texas

Trial Cause No. D-1-DC-12-300746

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes that the judgment of the trial court should be AFFIRMED. The Court 

orders the judgment of the trial court AFFIRMED.

We further order this decision certified below for observance.

March 12, 2015
<PAGE>


                                                             EXHIBIT (15)

ENSERCH Corporation:



We have made a review, in accordance with standards established by the
American Institute of Certified Public Accountants, of the unaudited
interim condensed consolidated financial information of ENSERCH Corporation
and subsidiary companies for the periods ended March 31, 1997 and 1996, as
indicated in our report dated May 7, 1997; because we did not perform an
audit, we expressed no opinion on that information.


We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended March 31, 1997, is
incorporated by reference in Registration  Statements No. 2-59259,
No. 33-40589, No. 33-47911 and No. 2-77572 on Form S-8, in Registration
Statements No. 33-15623, No. 33-52525 and No. 33-61635 on Form S-3 and in
Registration Statement No. 333-12391 on Form S-4.

We also are aware that the aforementioned report, pursuant to Rule 436(c)
under the Securities Act, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that
Act.



DELOITTE & TOUCHE LLP

Dallas, Texas
May 14, 1997
```

[110th Congress Public Law 269]
[From the U.S. Government Printing Office]

[DOCID: f:publ269.110]

[[Page 122 STAT. 2487]]

Public Law 110-269
110th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
11001 Dunklin Drive in St. Louis, Missouri, as the ``William `Bill' Clay 
     Post Office Building''. <<NOTE: July 15, 2008 -  [H.R. 5395]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. WILLIAM ``BILL'' CLAY POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 11001 Dunklin Drive in St. Louis, Missouri, shall be known 
and designated as the ``William `Bill' Clay Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``William 
`Bill' Clay Post Office Building''.

    Approved July 15, 2008.

LEGISLATIVE HISTORY--H.R. 5395 (S. 2622):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Apr. 9, considered and passed House.
            June 27, considered and passed Senate.

                                  <all>
```
NUMBER 13-14-00598-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

AGUA SPECIAL UTILITY DISTRICT, Appellant,

v.

FELIX HERNANDEZ AND GUADALUPE 

HERNANDEZ, Appellees. 

____________________________________________________________

On appeal from the County Court at Law No. 8

of Hidalgo County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Perkes, and Longoria

Memorandum Opinion Per Curiam

Appellant filed an appeal from a judgment entered by the County Court at Law No. 

8 of Hidalgo County, Texas, in cause number CCD-0130-H. Appellant has filed an 

amended motion to dismiss the appeal on grounds it no longer wishes to pursue the 

appeal. The certificate of conference reflects that appellant was unable to confer with 
2

appellees because appellant does not have a valid phone number or electronic mail 

address or facsimile number for appellees.

The Court, having considered the documents on file and appellant’s motion to 

dismiss the appeal, is of the opinion that the motion should be granted. See TEX. R. APP.

P. 42.1(a). Appellant’s motion to dismiss is granted, and the appeal is hereby 

DISMISSED. There being no agreement in the motion regarding costs, pursuant to Rule 

42.1(d) of the Texas Rules of Appellate Procedure, all costs are taxed against appellant. 

See TEX. R. APP. P. 42.1(d) ("Absent agreement of the parties, the court will tax costs 

against the appellant."). Having dismissed the appeal at appellant's request, no motion 

for rehearing will be entertained, and our mandate will issue forthwith.

PER CURIAM

Delivered and filed the

12th day of February, 2015.
### §6110. Suspension or termination of orders

The Secretary shall, whenever the Secretary finds that the order or any provision of the order obstructs or does not tend to effectuate the declared policy of this chapter, terminate or suspend the operation of such order or provision. The termination or suspension of any order, or any provision thereof, shall not be considered an order under the meaning of this chapter.

(Pub. L. 101–624, title XIX, §1931, Nov. 28, 1990, 104 Stat. 3865.)
Exhibit 24.1  POWER OF ATTORNEY   KNOW ALL MEN BY THESE PRESENTS, that each person whose signature appears below hereby constitutes and appoints Mark Labell as his true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for him and in his name, place and stead, in any and all capacities, to sign the Report on Form 10-Q for the quarter ended March 31, 2011 of Empire State Building Associates L.L.C. and to file the same with all exhibits thereto, and other documents in connection therewith, with the United States Securities and Exchange Commission, granting unto said attorney-in-fact and agent full power and authority to do and perform each and every act and thing requisite or necessary to be done in and about the premises, as fully to all intents and purposes as he or she might or could do in person, hereby ratifying and confirming all that said attorney-in-fact and agent and his substitutes may lawfully do or cause to be done by virtue hereof.  NAMECAPACITYDATE/s/ Peter L. Malkin
Peter L. MalkinMemberSeptember 8, 2011/s/ Anthony E. Malkin
Anthony E. MalkinMemberSeptember 8, 2011/s/ Thomas N. Keltner
Thomas N. Keltner, Jr.MemberSeptember 8, 2011    7712/76979-001 current/24914303v1
Fourth Department,

November, 1963

(November 1, 1963)

#### Mildred N. Nadiak, Respondent, v. Boris S. Nadiak, Appellant.

Order unanimously reversed on the law, without costs of this appeal to either party, and matter remitted to Erie Family Court for further proceedings in accordance with the memorandum. Memorandum: This is a proceeding under article 3-A of the Domestic Relations Law, known as the Uniform Support of Dependents Law. The petitioning mother is domiciled in Florida and seeks to enforce compliance with a decree of that State which awarded her custody of the two children of the parties and provided for monthly payments of $200 for their support. The appellant father appeared in Erie County Family Court, did not contest the validity of the decree, but sought to modify it by reducing the support allowance by reason of claimed substantial changes in his financial circumstances. The court failed to follow the procedure set forth in section 37 of article 3-A, and particularly subdivision 6 thereof. The court also erroneously refused to permit appellant, who was not represented by attorney, to object to certain questions because he was in default in his payments; further, he was not permitted to testify as to his financial circumstances for the same reason. The court also committed error in leaving to the determination of the probation officer the question of whether or not respondent could pay $200 a month. At the completion of the hearing the court should have stayed the proceedings and transmitted a transcript of the Clerk’s minutes to the court in the initiating State (Florida), after which the court in the initiating State should take such proof as that court might deem proper, and after due deliberation transmit such proof to the Family Court of Erie County with its recommendations (subd. 7). Thereafter the proceedings should have been continued in New York State in accordance with said section 37. Although we do not reach the question at this time, it may be that authority to change or modify the Florida decree is vested only in the courts of that 'State. *(Morse*v. *Morse,*3 Mise 2d 163; *Falagario*v. *Noonan,*20 Mise 2d 30.) (Appeal from order of Erie Family Court requiring respondent, Boris S. Nadiak, to continue monthly payments for support of his two children.) Present — -Williams, P. J., Bastow, Goldman and MeClusky, JJ.
NRC

https://secure.cds2.com:8080/main.html?download&weblink=87c7156b41046484b66ba32bd2b07239 &realfilename=NRC - v3.0.pdf
#### In the Matter of Sam Maloof v. Robert E. Herman, as State Rent Administrator.

Motion to dismiss appeal denied. Concur — Breitel, J. p., Rabin, McNally, Stevens and Eager, JJ.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT SANTONY MARQUES GADSDEN, ) ) Appellant, ) ) v. ) Case No. 2D18-1118 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed March 20, 2019. Appeal from the Circuit Court for Lee County; Mark A. Steinbeck, Judge. Howard L. Dimmig, II, Public Defender, and Richard Sanders, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and MORRIS and LUCAS, JJ., Concur.
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 Composite Technology Corporation (the "Company") Annual
Report on Form 10-K for the year ended September 30, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Domonic
J. Carney, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to
 Section
906 of the Sarbanes-Oxley Act of 2002, that,:
 
 (1) The
Report fully complies with the 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.
  /s/ Domonic J. CarneyDomonic
      J. CarneyChief Financial
      Officer(Principal
      Financial and Accounting
Officer)
  Date:March 6,
2009
#### 1252.217-71 Delivery and Shifting of Vessel.

As prescribed at 1217.7001(b), insert the following clause:

# Delivery and Shifting of Vessel (NOV 2022)

The Government shall deliver the vessel to the Contractor at his place of business. Upon completion of the work, the Government shall accept delivery of the vessel at the Contractor's place of business. The Contractor shall provide, at no additional charge, upon 24 hours' advance notice, a tug or tugs and docking pilot, acceptable to the Contracting Officer, to assist in handling the vessel between (to and from) the Contractor's plant and the nearest point in a waterway regularly navigated by vessels of equal or greater draft and length. While the vessel is in the hands of the Contractor, any necessary towage, cartage, or other transportation between ship and shop or elsewhere, which may be incident to the work herein specified, shall be furnished by the Contractor without additional charge to the Government.

(End of clause)
EXHIBIT 32.2
 SECTION 1350 CERTIFICATION OF CHIEF FINANCIAL OFFICER
  (1)
    
    The Quarterly Report on Form 10-Q of the Company for the period ended
May 31, 2010, as filed with the Securities Exchange Commission on the
date hereof (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 the dates and for the periods expressed in the
Report.
 /s/ Richard L. Travis, Jr.Richard L. Travis, Jr.Chief Financial OfficerDate: June 28, 2010 The foregoing Certification is being furnished solely pursuant to 18 U.S.C. Section 1350; it is not
being filed for purposes of Section 18 of the Securities Exchange Act, and is not to be
incorporated by reference into any filing of the Company, whether made before or after the date
hereof, regardless of any general incorporation languages in such filing.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE EMONS
TRANSPORTATION GROUP, INC. CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTHS
ENDED DECEMBER 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       1,845,351
<SECURITIES>                                         0
<RECEIVABLES>                                2,784,549
<ALLOWANCES>                                   182,827
<INVENTORY>                                    261,495
<CURRENT-ASSETS>                             5,565,277
<PP&E>                                      37,899,852
<DEPRECIATION>                              11,565,569
<TOTAL-ASSETS>                              33,582,358
<CURRENT-LIABILITIES>                        4,969,803
<BONDS>                                     15,443,480
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     14,855
<COMMON>                                        60,958
<OTHER-SE>                                  12,311,272
<TOTAL-LIABILITY-AND-EQUITY>                33,582,358
<SALES>                                              0
<TOTAL-REVENUES>                            10,256,135
<CGS>                                                0
<TOTAL-COSTS>                                6,972,246
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             450,896
<INCOME-PRETAX>                              1,242,886
<INCOME-TAX>                                   521,000
<INCOME-CONTINUING>                            721,886
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   721,886
<EPS-PRIMARY>                                     0.10
<EPS-DILUTED>                                     0.09
        

</TABLE>
### §6943. Rural Housing and Community Development Service

#### (a) Establishment authorized

Notwithstanding any other provision of law, the Secretary is authorized to establish and maintain within the Department the Rural Housing and Community Development Service and to assign to the Service such functions as the Secretary considers appropriate.

#### (b) Functions

If the Secretary establishes the Rural Housing and Community Development Service under subsection (a), the Secretary is authorized to assign to the Service jurisdiction over the following:

(1) Programs and activities under title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.).

(2) Programs and activities that relate to rural community lending programs, including programs authorized by section 2008d of this title.

(Pub. L. 103–354, title II, §233, Oct. 13, 1994, 108 Stat. 3219; Pub. L. 104–127, title VII, §§747(b)(3), 753(b)(2), Apr. 4, 1996, 110 Stat. 1128, 1131.)

#### **Editorial Notes**

#### References in Text

The Housing Act of 1949, referred to in subsec. (b)(1), is act July 15, 1949, ch. 338, 63 Stat. 413. Title V of the Act is classified generally to subchapter III (§1471 et seq.) of chapter 8A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of Title 42 and Tables.

#### Amendments

1996—Subsec. (b)(2), (3). Pub. L. 104–127 redesignated par. (3) as (2), substituted "section 2008d of this title" for "sections 2008 through 2008d of this title", and struck out former par. (2) which read as follows: "Programs and activities authorized under section 1932(i) of this title and related provisions of law."