alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William F. LUHRSEN, Jr., Plaintiff-Appellant, v. VANTAGE STEAMSHIP CORP., Defendant, Verity Marine Corp., Defendant-Appellee.

No. 74-3578

Summary Calendar.*

United States Court of Appeals, Fifth Circuit.

June 6, 1975.

Dan C. Garner, Kenneth M. Henke, New Orleans, La., for plaintiff-appellant.

Mat M. Gray, III, New Orleans, La., for defendant-appellee.

Appeal from the United States District Court for the Eastern District of Louisiana.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

*

 Rule 18, 5 Cir.; See Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I.

PER CURIAM:

This is an appeal from the denial of plaintiff-appellant Luhrsen’s motion for a new trial based upon newly discovered evidence. We affirm.

Luhrsen, a seaman-electrician, was a member of the crew of the S/S HOOD, owned by defendants. As a part of his duties he was required to check the shipboard electrical equipment, including a diffuser fan in the vessel’s chillbox. In doing so on one occasion his hand was seriously injured by the fan’s turning blades. The jury in a bifurcated trial returned a verdict finding neither unseaworthiness of the vessel, nor negligence under the Jones Act.

Luhrsen’s newly discovered evidence, upon which he based his motion for a new trial, was to the effect that before trial his counsel spoke with and relied upon the opinion of defendant’s expert witness that the unit in question met the standards of the marine industry; that after the trial he accidentally met a former classmate who was a marine and electrical design consultant, who, after being informed of the facts, was of the opinion that the unit in question did not meet certain Coast Guard requirements or general maritime standards.

While we entertain considerable doubt that the Coast Guard Regulation1 upon which Luhrsen relies is applicable to the *106unit here involved, the record of the trial proceedings convinces us, as it did the district judge, that assuming the regulations’ admissibility, it would not have changed the outcome of the case. Moreover, there is a complete lack of any showing that the “newly discovered” evidence could not have been discovered by proper diligence.2 Luhrsen’s counsel conceded as much. As the district court aptly put it, the plaintiff simply found another witness to give a different opinion on a point at issue throughout the case. This is not enough. Abuse of discretion is not shown by the record. Lloyd v. Gill, 5 Cir. 1969, 406 F.2d 585.

Affirmed.

1

. Regulation 111.05-10(c)(5) “Rotating Electrical Machinery.”

2

. Glapion v. MS Journalist, 5 Cir. 1973, 487 F.2d 1252, and Manning v. M/V Sea Road, 5 Cir. 1965, 358 F.2d 615, relied upon by Luhrsen are inapposite. Both were non-jury cases in which the pertinent safety regulations were brought to the attention of the district court after the evidentiary hearing had been concluded but prior to the entry of findings of fact and conclusions of law.
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## Breadcrumb

            -           Five Seconds of Texting While Driving      

# Five Seconds of Texting While Driving

The National Highway and Traffic Safety Administration shows what could happen in just five seconds of texting while driving. 

https://www.youtube.com/watch?v=6oeCUM2Alaw&utm_source=FindYouthInfo&utm_medium=Federal%20Links&utm_campaign=Reports-and-Resources
#### In re DAYTON. VAN DYKE, Appellant, v. DAYTON, Respondent.

(Supreme Court, Appellate Division, Second Department.

June 8, 1906.)

In the matter of the application of John W. Dayton for revocation of letters of administration granted to Henry Ill. Van Dyke on the personal estate of Mathilda De Marais Vah Dyke, deceased, Henry B. Van Dyke against John W. Dayton.

No opinion. Decree of the Surrogate's Court of Kings County reversed, with costs, on the ground that the husband was not disqualified to act as his wife's administrator, and the petition for revocation of letters dismissed, with costs.
6.206 Set-asides for service-disabled veteran-owned small business (SDVOSB) concerns eligible under the SDVOSB Program. ( a ) To fulfill the statutory requirements relating to the Veterans Benefits Act of 2003 (15 U.S.C. 657f), contracting officers may set-aside solicitations to allow only service-disabled veteran-owned small business concerns eligible under the SDVOSB Program to compete (*see* 19.1405).
( b ) No separate justification or determination and findings are required under this part to set aside a contract action for service-disabled veteran-owned small business concerns eligible under the SDVOSB Program.
[69 FR 25276, May 5, 2004, as amended at 89 FR 13956, Feb. 23, 2024]
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 Annual Report of Frontier Financial Corporation (the “Corporation”) on Form 10-K for the fiscal year ending December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Patrick M. Fahey, Chief Executive Officer of the Corporation, and Carol E.
Wheeler, Chief Financial Officer of the Corporation, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to our 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 Corporation.








/s/ Patrick M. Fahey


Patrick M. Fahey


Chief Executive Officer


March 31, 2010





/s/ Carol E. Wheeler


Carol E. Wheeler


Chief Financial Officer


March 31, 2010
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## Breadcrumb

            -  Announcements 
            -           Upcoming Event: National Foster Care Month (NFCM)      

# Upcoming Event: National Foster Care Month (NFCM)

**Observance Date:** May 2017This event is an annual observance that acknowledges foster parents, family members, volunteers, mentors, policymakers, child welfare professionals, and other members of the community who help children and youth in foster care find permanent homes and connections. This year's theme is "Empowering Caregivers, Strengthening Families.” The 2017 NCFM website, by the Child Welfare Information Gateway, provides free resources and tools to help identify, develop, and support current foster and kinship caregivers. **Learn more.**
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## Breadcrumb

            -           Resource: National Resource Center on School-Justice Partnerships Website      

# Resource: National Resource Center on School-Justice Partnerships Website

This website serves as a “one-stop-shop” of resources, training, and technical assistance to help school-justice partnerships implement positive school discipline reforms and reduce the school-to-juvenile justice pathway. 

http://www.schooljusticepartnership.org/?ed2f26df2d9c416fbddddd2330a778c6=nbzdhbndb-nzuohrzu&utm_source=youth.gov&utm_medium=federal-links&utm_campaign=reports-and-resources
#### 52.223-5 Pollution Prevention and Right-to-Know Information.

As prescribed in 23.406(a), insert the following clause:

# Pollution Prevention and Right-to-Know Information (MAY 2024)

(a) *Definitions.* As used in this clause—

*Toxic chemical* means a chemical or chemical category listed in 40 CFR 372.65.

(b) Federal facilities are required to comply with the provisions of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050), and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109).

(c) The Contractor shall provide all information needed by the Federal facility to comply with the following:

(1) The emergency planning reporting requirements of section 302 of EPCRA.

(2) The emergency notice requirements of section 304 of EPCRA.

(3) The list of Material Safety Data Sheets, required by section 311 of EPCRA.

(4) The emergency and hazardous chemical inventory forms of section 312 of EPCRA.

(5) The toxic chemical release inventory of section 313 of EPCRA, which includes the reduction and recycling information required by section 6607 of PPA.

(End of clause)

[68 FR 43870, July 24, 2003, as amended at 76 FR 31402, May 31, 2011; 89 FR 30248, Apr. 22, 2024]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CENTEX
DEVELOPMENT COMPANY, L.P.'S JUNE 30, 1999, FORM 10-Q AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<CIK> 0000818764
<NAME> CENTEX DEVELOPMENT COMPANY, L.P.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           3,431
<SECURITIES>                                         0
<RECEIVABLES>                                   18,480
<ALLOWANCES>                                         0
<INVENTORY>                                    319,721
<CURRENT-ASSETS>                                     0
<PP&E>                                           3,957
<DEPRECIATION>                                     114
<TOTAL-ASSETS>                                 414,455
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           500
<OTHER-SE>                                      64,503
<TOTAL-LIABILITY-AND-EQUITY>                   414,455
<SALES>                                         78,669
<TOTAL-REVENUES>                                78,669
<CGS>                                           77,815
<TOTAL-COSTS>                                   77,815
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    854
<INCOME-TAX>                                       261
<INCOME-CONTINUING>                                593
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       593
<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                     0.00


</TABLE>
* 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. United States Court of Appeals Fifth Circuit 

## FILED February 18, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-41168 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EDUARDO BARRAZA-PEREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-03-CR-197-1

-------------------- Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM: * Eduardo Barraza-Perez appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Barraza-Perez contends that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. He therefore argues that his conviction must be reduced to one under the lesser included offense found in 8 U.S.C. § 1362(a), his judgment must be reformed to reflect a conviction only underNo. 03-41168 -2- that provision, and his sentence must be vacated and the case remanded for resentencing to no more than two years’ imprisonment and one year of supervised release.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Barraza-Perez acknowledges that his arguments are foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his arguments for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
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## Breadcrumb

            -           Report: Health-Related Behaviors among Students      

# Report: Health-Related Behaviors among Students

This study aims to understand the health-related behaviors that contribute to negative health outcomes among sexual minority youth and how the prevalence of these behaviors compares with that of nonsexual minorities. Data came from the 2015*Youth Risk Behavior Surveillance System*, which for the first time included questions about sexual identity and sex of sexual contacts. The report found that sexual minority youth experienced substantially higher levels of physical and sexual violence and bullying, and were at increased risk for suicide. 

http://www.cdc.gov/mmwr/volumes/65/ss/ss6509a1.htm?utm_source=Youth.gov&utm_campaign=Reports-and-Resources&utm_medium=federal-links
Exhibit 12-A

               Chrysler Financial Corporation and Subsidiaries
             Computations of Ratios of Earnings to Fixed Charges
                            (dollars in millions)

<TABLE>
<CAPTION>
                                                           Nine Months Ended
                                                             September 30,
                                                      --------------------------
                                                         1998            1997
                                                      ----------      ----------
<S>                                                   <C>             <C>       
Net earnings before cumulative effect of
 changes in accounting principles                     $      344      $      307

 Add back:
  Taxes on income                                            174             158
  Fixed charges                                              735             622
                                                      ----------      ----------
   Earnings available for fixed charges               $    1,253      $    1,087
                                                      ==========      ==========


 Fixed charges:
  Interest expense                                    $      724      $      609
  Rent                                                        11              13
                                                      ----------      ----------
   Total fixed charges                                $      756      $      622
                                                      ==========      ==========


Ratio of earnings to fixed charges                          1.70            1.75
                                                      ==========      ==========
</TABLE>

The ratio of earnings to fixed charges is computed by dividing earnings
available for fixed charges by total fixed charges. Fixed charges consist of
interest, amortization of debt discount and expense, and rentals. Rentals
included in fixed charges are the portion of total rent expense
representative of the interest factor (deemed to be one-third).



<PAGE>

                     THIS PAGE INTENTIONALLY LEFT BLANK
801.602-3 Ratification of unauthorized commitments. ( a ) This section applies to unauthorized commitments, including any commitment made by a contracting officer that exceeds that contracting officer's contracting authority and unauthorized commitments made by a Government representative who lacked the authority to enter into that agreement on behalf of the Government.
( b ) The approving authority and ratification official for unauthorized commitments is the HCA. This authority may be delegated to the chief of the contracting office or the equivalent for unauthorized commitments below $25,000.