alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Robert E. LOHNES, III, Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Appellee.

No. 03-0560(E).

United States Court of Appeals for Veterans Claims.

Feb. 8, 2007.

*23Before GREENE, Chief Judge, and KASOLD and HAGEL, Judges.

ORDER

PER CURIAM:

Veteran Robert E. Lohnes III applies through counsel for an award of attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). For the reasons set forth below, the Court will deny the EAJA application.

Mr. Lohnes appealed a January 21, 2003, Board of Veterans’ Appeals (Board) decision that denied entitlement to two 10% disability ratings for bilateral tinnitus. Relying on *Smith v. Nicholson,*19 Vet.App. 63 (2005), the Court reversed the Board’s decision to the extent that it concluded that bilateral tinnitus could not qualify for separate 10% disability ratings, one for each ear. The Secretary did not appeal that decision, and the mandate of the Court entered in due course. On July 19, 2005, Mr. Lohnes filed his EAJA application.

An EAJA application may be granted when the appellant is a prevailing party and the Secretary’s position was not substantially justified. If either the appellant is not a prevailing party or the Secretary’s position was substantially justified, the Court must deny the application. *See, e.g., Vahey v. Nicholson,*20 Vet.App. 208, 210-12 (2006) (EAJA application denied without discussion of substantial justification where Court found appellant was not a prevailing party); *Bonny v. Principi,*18 Vet.App. 218, 221-22 (2004) (EAJA application denied where Secretary conceded that appellant was a prevailing party but Court found Secretary was substantially justified). Here, although Mr. Lohnes asserts, and the Secretary does not dispute, that Mr. Lohnes is a prevailing party, the Court must deny the application because the Secretary’s position was substantially justified. *See Smith v. Nicholson,*451 F.3d 1344, 1350-51 (Fed.Cir.2006) (holding that Secretary’s interpretation of his own regulations was not plainly erroneous or inconsistent with regulations), *cert. denied,*— U.S. —, 127 S.Ct. 1147, 166 L.Ed.2d 1009 (Jan. 22, 2007).

Upon consideration of the foregoing, it is

ORDERED that the July 19, 2005, application for attorney fees and expenses is DENIED.
EXHIBIT 32.1





CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Banner Resources Inc. (the Company) on Form 10-QSB for the period ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert Krause, President and Treasurer of the Company, certify, pursuant to 18 U.S.C.ss. 1350, as added by ss. 906 of the Sarbanes-Oxley Act of 2002, that:



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



| | (b) | 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 period covered by the Report.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



A signed original of this 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.



Date: November 14, 2006





| | By/s/ Robert Krause | 
| | ------------------- | 

Robert Krause, President and Treasurer

(Principal Executive Officer and Principal Financial and Accounting Officer)











---
```

                                                                    EXHIBIT 32.1
                               BERNARD CHAUS, INC.
                            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 Bernard Chaus, Inc.
(the "Company") on Form 10-K for the fiscal year ended June 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

September 27, 2004
                                              /s/ Josephine Chaus
                                              -------------------
                                              Josephine Chaus
                                              Chairwoman of the Board and
                                              Chief Executive Officer
```
#### § 29.2278 Leaf structure.

The cell development of a leaf as indicated by its porosity. (See chart, § 29.2351.)
###### Editorial Note on Part 1951

#### Editorial Notes:

1. Some of the exhibits referenced in this part 1951 are not published in the Code of Federal Regulations. Exhibits are available in any Rural Development office.

2. Nomenclature changes to part 1951 appear at 80 FR 9890-9894, Feb. 24, 2015.

#### § 1951.896 Appeals.

Any appealable adverse decision made by FmHA or its successor agency under Public Law 103-354 which affects the borrower may be appealed upon written request of the aggrieved party in accordance with subpart B of part 1900 of this chapter.
MISCELLANEOUS DISMISSALS

2005-2263.

#### State v. Coleman.

Cuyahoga App. No. 85807, 2005-Ohio-5849. This cause is pending before the court as a discretionary appeal and claimed appeal of right. Upon consideration of appellant’s application for dismissal,

IT IS ORDERED by the court that the application for dismissal is granted. Accordingly, this cause is dismissed.
<PAGE>   1
                                                                   Exhibit 21.1

                                Subsidiaries of
                       STERLING CHEMICALS HOLDINGS, INC.
                            As of September 30, 2000

Owns 100% of:

  Sterling Chemicals, Inc., a Delaware corporation

       Owns 100% of:

       Sterling Fibers, Inc., a Delaware corporation

       Sterling Chemicals Acquisitions, Inc., a Delaware corporation

             Owns 100% of:

             Sterling Pulp Chemicals Fuzhou, Ltd., an Ontario corporation

             Sterling (Sask) Holdings Ltd., an Ontario corporation

                    Owns 100% of:

                    Sterling Pulp Chemicals (Sask) Ltd., an Ontario corporation

                         Owns 100% of

                         619220 Saskatchewan Ltd., a Saskatchewan corporation

       Sterling Chemicals International, Inc., a Delaware corporation

       Sterling Chemicals Energy, Inc., a Delaware corporation

       Sterling Chemicals Marketing, Inc., a Barbados corporation

       Sterling Canada, Inc., a Delaware corporation

             Owns 100% of:

             Sterling Pulp Chemicals US, Inc., a Delaware corporation

                    Owns 100% of:

                    Sterling Pulp Chemicals, Inc., a Georgia corporation

             Sterling NRO, Ltd., an Ontario corporation

             Sterling Pulp Chemicals, Ltd., an Ontario corporation
Order entered Dece m ber 23 , 2019

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 19

- 015 71

- CV

IN RE TARRANT COUNTY REPUB LICAN PARTY , Relator

O riginal Proceeding from Tarrant County 1



### O RDER Before Justices Schenck, Reichek, and Evans

Before the Court is relator’s December 23, 2019 emergency petition for writ of

mandamus challenging the Tarrant County Democratic Chair’s refusal to comply with relator’s

request for certain information pursuant to the Texas Public Information Act.

We request respondent to file her response, if any, to the petition f or writ of mandamus

by noon December 27, 2019

.

/s/ DAVID W. EVANS JUSTICE

1 The Second Court of Appeals certified this original proceedi ng to this Court stating they were unable to assemble a panel to take immediate action in this original proceeding because members of the court are recused. See T EX

. R. A PP

. P. 17.2.
Exhibit 10.13(b)

SECOND AMENDMENT TO THE

SKYWEST, INC.

2006 LONG-TERM INCENTIVE PLAN

THIS SECOND AMENDMENT TO THE SKYWEST, INC. 2006 LONG-TERM INCENTIVE PLAN (this "Amendment") is made and adopted this
        day of                  , 2007, by SkyWest, Inc.

WHEREAS,
SkyWest, Inc. (the "Company") maintains the SkyWest, Inc. 2006 Long-Term Incentive Plan (the "Plan") for the benefit of its employees and the employees
of its participating subsidiaries; and

WHEREAS,
it is necessary and desirable to amend the Plan to provide that cash dividends on unvested shares of restricted stock will be retained by the Company and not paid to the
participant unless and until the shares of restricted stock vest; and

WHEREAS,
the Company, acting through its Board of Directors (the "Board"), has reserved the right to amend the Plan at any time and from time to time; and

WHEREAS,
the Board has approved and adopted this Amendment.

NOW,
THEREFORE, Section 7.3 of the Plan is amended to read as follows, effective as of the date first above written:



Except
as provided above, the Plan is hereby ratified and confirmed in all respects.

IN
WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly authorized officer effective as of the date first above written.

SKYWEST, INC.By:Name:Title:


---
I 

113TH CONGRESS 

1ST SESSION H. R. 2271 

To authorize the acquisition of core battlefield land at Champion Hill, Port 

Gibson, and Raymond for addition to Vicksburg National Military Park. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2013 

Mr. THOMPSON of Mississippi introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To authorize the acquisition of core battlefield land at Champion Hill, Port Gibson, and Raymond for addition to 

Vicksburg National Military Park. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Champion Hill, Port 

5 Gibson, and Raymond Battlefields Addition Act’’. 

6 SEC. 2. VICKSBURG NATIONAL MILITARY PARK. 

7 (a) ACQUISITION OF LAND.— 

8 (1) IN GENERAL.—The Secretary of the Inte9 rior (referred to in this Act as the ‘‘Secretary’’) may 

10 acquire the land or interests in land within the area 


rfrederick on DSK4SPTVN1PROD with BILLS
2 

•HR 2271 IH

1 identified as ‘‘Modified Core Battlefield’’ for the 

2 Port Gibson Unit, the Champion Hill Unit, and the 

3 Raymond Unit and the area identified as ‘‘Golden 

4 West Cemetery’’ in Port Gibson, as generally de5 picted on the map entitled ‘‘Vicksburg National Mili6 tary Park–Proposed Battlefield Additions’’, num7 bered 306/100986A, and dated April 2011. 

8 (2) METHODS OF ACQUISITION.—Land and in9 terests in land may be acquired under paragraph (1) 

10 by donation, purchase from a willing seller with do11 nated or appropriated funds, or exchange, except 

12 that land owned by the State of Mississippi or any 

13 political subdivisions of the State may be acquired 

14 only by donation. 

15 (b) AVAILABILITY OF MAP.—The map described in 

16 subsection (a)(1) shall be on file and available for public 

17 inspection in the appropriate offices of the National Park 

18 Service. 

19 (c) BOUNDARY ADJUSTMENT.—On the acquisition of 

20 land by the Secretary under subsection (a)— 

21 (1) the acquired land shall be added to Vicks22 burg National Military Park; 

23 (2) the boundary of the Vicksburg National 

24 Military Park shall be adjusted to reflect the acquisi25 tion of the land; and 


rfrederick on DSK4SPTVN1PROD with BILLS
3 

•HR 2271 IH

1 (3) the acquired land shall be administered as 

2 part of the Vicksburg National Military Park in ac3 cordance with applicable laws (including regula4 tions). 

Æ 


rfrederick on DSK4SPTVN1PROD with BILLS
###### Editorial Note on Part 1956

#### Editorial Note:

Nomenclature changes to part 1956 appear at 80 FR 9901, Feb. 24, 2015.

#### §§ 1956.113-1956.117 [Reserved]
Motion GRANTED and Order filed April 13, 2022. 

In The

Fourteenth Court of Appeals

____________

NO. 14-22-00246-CV

____________

IN RE COMMUNITYBANK OF TEXAS, N.A., Relator

ORIGINAL PROCEEDING

WRIT OF MANDAMUS

270th District Court

Harris County, Texas

Trial Court Cause No. 2021-25394

ORDER

On April 5, 2022, relator CommunityBank of Texas, N.A., filed a petition for 

writ of mandamus in this court. Relator asks this court to order the Honorable Dedra 

Davis, Judge of the 270th District Court, in Harris County, Texas, to set aside her 

March 22, 2022 order granting real party in interest’s motion for new trial, entered 

in trial court number 2021-25394, styled CommunityBank of Texas v. John Bradley 

Mitchell. 
2

Relator has also filed a motion for temporary stay of proceedings below. See 

Tex. R. App. P. 52.8(b), 52.10. On April 6, 2022, relator asks this court to stay 

proceedings in the trial court pending a decision on the petition for writ of 

mandamus.

It appears from the facts stated in the petition and motion that relator’s request 

for relief requires further consideration and that relator will be prejudiced unless 

immediate temporary relief is granted. We therefore GRANT relator’s motion and 

issue the following order:

We ORDER all proceedings in trial court cause number 2021-25394, 

CommunityBank of Texas v. John Bradley Mitchell, STAYED until a final decision 

by this court on relator’s petition for writ of mandamus, or until further order of this 

court.

In addition, the court requests John Bradley Mitchell, the real party-ininterest, to file a response to the petition for writ of mandamus on or before May 4, 

2022. See Tex. R. App. P. 52.4.

PER CURIAM

Panel Consists of Justices Wise, Poissant, and Wilson.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsSpace shuttle phase B wind tunnel model and test information. Volume 1: Booster configurationArchived wind tunnel test data are available for flyback booster or other alternative recoverable configurations as well as reusable orbiters studied during initial development (Phase B) of the Space Shuttle. Considerable wind tunnel data was acquired by the competing contractors and the NASA Centers for an extensive variety of configurations with an array of wing and body planforms. All contractor and NASA wind tunnel test data acquired in the Phase B development have been compiled into a database and are available for application to current winged flyback or recoverable booster aerodynamic studies. The Space Shuttle Phase B Wind Tunnel Database is structured by vehicle component and configuration type. Basic components include the booster, the orbiter, and the launch vehicle. Booster configuration types include straight and delta wings, canard, cylindrical, retroglide and twin body. Orbiter configuration types include straight and delta wings, lifting body, drop tanks and double delta wings. Launch configurations include booster and orbiter components in various stacked and tandem combinations. This is Volume 1 (Part 2) of the report -- Booster Configuration.Document ID19880020386Acquisition SourceLegacy CDMSDocument TypeContractor Report (CR)AuthorsGlynn, J. L.*(Chrysler Corp. New Orleans, LA, United States)*Poucher, D. E.*(Chrysler Corp. New Orleans, LA, United States)*Date AcquiredSeptember 5, 2013Publication DateJuly 1, 1988Subject CategoryAerodynamicsReport/Patent NumberNAS 1.26:178414-VOL-1-PT-2NASA-CR-178414-VOL-1-PT-2DMS-DB-02-VOL-1-PT-2Accession Number88N29770Funding Number(s)CONTRACT_GRANT: NAS1-18276PROJECT: RTOP 506-40-11-08Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19880020386.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
**Exhibit 31.1**

 

CERTIFICATION

 

I, David Zinberg, certifythat:

 

1. I have reviewed thisQuarterly Report on Form 10-Q of Bidz.com, Inc.;

 

2. Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

 

4. The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

a)Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial 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 proceduresand presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and

 

5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of registrant’s board of directors (or persons performing theequivalent functions):

 

a) Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and 

 

b) Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
| Date: May 15,  2006 |   |                     |
|--------------------------|--------|--------------------------|
|                     |   |                     |
|                     |   | /s/ David  Zinberg       |   |
|                     |   | David Zinberg            |   |
|                     |   | Chief Executive  Officer |   |

 

----
#### The State of Ohio, Appellee, *v.*Fuller, Appellant.

[Cite as *State v. Fuller*(1998), 83 Ohio St.3d 108.]

(No. 97-2338

Submitted August 19, 1998

Decided September 16, 1998.)

*Joseph T. Deters,*Hamilton County Prosecuting Attorney, and *Philip R. Cummings,*Assistant Prosecuting Attorney, for appellee.

*David H. Bodiker,*State Public Defender, and *Kevin Fahey,*Assistant Public Defender, for appellant.

The judgment of the court of appeals is affirmed on the authority of *State v. Rush*(1998), 83 Ohio St.3d 53, 697 N.E.2d 634.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
| [Skip Navigation] [Text & Graphics]**[Home]**[What's New?][FAQs][Search & Site Map][Glossary][Feedback][Translate][Printer Friendly Version] |
|------------------------------------------------------------------------------------------------------------------------------------------------------|

Fact Sheet Template

2/20/2002

**Data Management Improvement Act Task Force Membership**

Mr. Michael CroninDesignated ChairmanImmigration and Naturalization Service425 I Street, N.W.Washington, DC  20536 Ms. Dominica GutierrezExecutive DirectorImmigration and Naturalization Service425 I Street, N.W.Washington, DC  20536 
**Government Representatives**
- Helen Marano, Director, Office of Travel & Tourism Industries, International Trade Administration,  U.S. Department of Commerce  Don Prosnitz, Chief Science & Technology Advisor, *U.S. Department of Justice*Martha Sardinas, Chief, Interagency Systems Liaison, Visa Office, 
U.S. Department of State
- Mariam Moses, Senior Advisor to the Undersecretary for Enforcement,  U.S. Department of Treasury  Captain Christopher J. McMahon, Special Assistant to the Secretary, *U.S. Department of Transportation*
**State and Local Representatives**
- Jeffrey D. Arnold, Deputy Director, Legislative Affairs,  The National Association of Counties  Nolan E. Jones, Ph.D, Director, Human Resources, *The National Governors Association (NGA)*
**Private Interest Group Representatives**
- J. Michael Crye, President,  International Council of Cruise Lines  Randel K. Johnson, Vice President, Labor and Employee Benefits, *U.S. Chamber of Commerce*Barbara Kostuk, Director, Federal Affairs and Facilitation, 
Air Transport Association (ATA)
- Dawn E. Lucini, Manager, Regulatory Affairs,  The Airports Council International (ACI)  Kurt Nagle, Authorities, President & Chief Executive Officer, *The American Association of Port Authorities*James D. Phillips, Alliance, President & Chief Executive Officer, 
The Canadian/American Border Trade Alliance
- Luis E. Ramirez Thomas, Chair,  The Border Trade Alliance  Martin Rojas, Director, Office of Customs, Immigration & Cross Border Operations, *American Trucking Associations, Inc.*Richard A. Webster, Director, Government Affairs, 
Travel Industry Association of America
- INS -
Last Modified 02/20/2003
CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

*May 25, 2006*

[Cite as *05/25/2006 Case Announcements,*2006-Ohio-2568.]

DISCIPLINARY CASES

2006-0461.

#### Cuyahoga Cty. Bar Assn. v. Maybaum.

Board of Commissioners on Grievances and Discipline, No. 05-008. This cause is pending before the court on report from the Board of Commissioners on Grievances and Discipline. Upon consideration of relator’s motion for continuance of oral argument,

IT IS ORDERED by the court that the motion is denied.
#### §§ 1753.97-1753.99 [Reserved]