alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 98-41505

-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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-41505

Conference Calendar

 

SCOTTY LYNN TAYLOR,

Plaintiff-Appellant,

versus

MONTY TIPPS, Corporal at Sulphur Springs

Police Department; STILLWAGONER, 

Detective; RONNIE GLOSSUP, Magistrate

Judge of the Peace; MARTIN BRADDY, 

Assistant District Attorney,

Defendants-Appellees.

--------------------

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 3:98-CV-60

--------------------

February 17, 2000

Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Scotty Lynn Taylor, Texas prisoner #817710, appeals the

dismissal of his civil rights lawsuit as frivolous under 28

U.S.C. § 1915(e)(2)(B)(i). As the district court explained,

Taylor’s claims that he was denied due process and equal

protection by the defendants are barred by Heck v. Humphrey, 512 

U.S. 477, 487 (1994), which held that a state prisoner’s lawsuit

is barred whenever a judgment in the prisoner’s favor “would
No. 98-41505

-2-

necessarily imply the invalidity of his conviction.” Taylor

argues that the district court erred in dismissing his complaint

with prejudice. In Boyd v. Biggers, 31 F.3d 279, 284 (5th Cir.

1994), however, we squarely held that it was not error to dismiss

a complaint pursuant to Heck with prejudice. The district court

did not abuse its discretion in dismissing Taylor’s complaint

with prejudice. See Siglar v. Hightower, 112 F.3d 191, 193 (5th

Cir. 1997).

This appeal is without arguable merit and, thus, frivolous. 

Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DISMISSED. 5th Cir. R. 42.2.

We caution Taylor that both the district court’s and this

court’s dismissals will count as “strikes” for purposes of 28

U.S.C. § 1915(g). Adepegba v. Hammons, 103 F.3d 383, 388 (5th

Cir. 1996). Once Taylor accumulates three strikes, he may not

proceed in forma pauperis in any civil action or appeal filed

while he is incarcerated or detained in any facility unless he is

under imminent danger of serious physical injury. See 28 U.S.C.

§ 1915(g).

APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
EXHIBIT 11

                        WATER CHEF, INC. AND SUBSIDIARIES

                 STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS

                                  JUNE 30, 1997
<TABLE>
<CAPTION>
                                 Three Months Ended           Six Months Ended
                                       June 30,                    June 30,
                                 1997          1996          1997          1996
                                 ----          ----          ----          ----
<S>                           <C>           <C>           <C>           <C>
Common Shares
outstanding beginning
of period                     16,836,574    15,836,574    19,769,645    15,836,574


Weighted Shares               19,769,574    15,836,574    19,769,645    15,836,574
                             ===========   ===========   ===========   ===========

          The net profit or loss per share was calculated as follows:

Net Profit (Loss)            $  (429,807)  $   212,379   $  (491,888)  $  (144,675)
                             ===========   ===========   ===========   ===========

           NET PROFIT (LOSS) PER COMMON AND COMMON EQUIVALENT SHARES

Net profit (loss) per share  $     (.002)  $       .01   $     (.002)  $     (.001)
                             ===========   ===========   ===========   ===========
</TABLE>
H. Res. 660

In the House of Representatives, U.S., 

February 8, 2006.

Whereas youth mentoring is a centuries-old concept, through 

which a dependable adult provides guidance, support, and 

encouragement to help a young person become a responsible, productive adult; 

Whereas mentoring, when done well, helps young people stay 

in school and improve academically, boosts self-esteem 

and communication skills, and improves the chances of 

going on to higher education; 

Whereas there are thousands of mentoring programs in communities of all sizes across the United States, focused on 

building strong, effective relationships between caring 

and responsible adults and young people who need positive adult role models; 

Whereas in spite of the great benefits mentoring provides, 

America has a serious mentoring gap, with more than 15 

million young people currently in need of caring adult 

role models; 

Whereas the demand for mentoring far exceeds the current 

capacity of local mentoring programs and the number of 

adults who currently volunteer as mentors; 

Whereas on December 22, 2005, the President designated 

January 2006 as National Mentoring Month to focus the 
2

•HRES 660 EH 

Nation’s attention on the essential role mentoring plays 

in the lives of young people; 

Whereas the month-long celebration of mentoring will encourage more individuals and organizations, including schools, 

businesses, nonprofit organizations, faith institutions, 

and foundations, to become engaged in mentoring; and 

Whereas National Mentoring Month will, most importantly, 

build awareness of mentoring and recruit more individuals to become mentors, helping close our Nation’s mentoring gap: Now, therefore, be it

Resolved, That the House of Representatives—

(1) supports the goals and ideals of National Mentoring Month; 

(2) acknowledges the hard work of individuals and 

groups who promote mentoring and who are observing 

the month with appropriate ceremonies and activities 

that promote awareness of and volunteer involvement 

with youth mentoring; and 

(3) recognizes with gratitude the contributions of 

the millions of caring adults who are already serving as 

mentors and encourages more adults to volunteer as 

mentors.

Attest: 

Clerk.
#### § 1016.14 Protection of Restricted Data while in use.

While in use, classified matter containing Restricted Data shall be under the direct control of a person with the appropriate access authorization and need to know. Unauthorized access to the Restricted Data shall be precluded.

[82 FR 41506, Sept. 1, 2017]
Editorial Note on Part 712
Editorial Note: Nomenclature changes to part 712 appear at 88 FR 41292, June 26, 2023.

§ 712.38 Maintenance of medical records. ( a ) The medical records of HRP candidates and HRP-certified individuals must be maintained in accordance with the Privacy Act, 5 U.S.C. 552a, and DOE implementing regulations in 10 CFR part 1008; the Department of Labor's regulations on access to individual exposure and medical records, 29 CFR 1910.1020; and applicable DOE directives. DOE contractors also may be subject to section 503 of the Rehabilitation Act, 29 U.S.C. 793, and its implementing rules, including confidentiality provisions in 41 CFR 60-741.23 (d).
( b ) The psychological record of HRP candidates and HRP-certified individuals is a component of the medical record. The psychological record must: ( 1 ) Contain any clinical reports, test protocols and data, notes of individual contacts and correspondence, and other information pertaining to an individual's contact with a psychologist;
( 2 ) Be stored in a secure location in the custody of the Designated Psychologist; and
( 3 ) Be kept separate from other medical record documents, with access limited to the SOMD and the Designated Physician.
**Exhibit 32.1**

**Certification of Chief Executive Officer Under Section 906 of the Sarbanes-Oxley Act of 2002**

 

The undersigned officer of First National Lincoln Corporation (the "Company") hereby certifies that the Company's quarterly report on Form 10-Q for the period ended June 30, 2006 to which this certification is being furnished as an exhibit (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. This certification is provided pursuant to 18 U.S.C. Section 1350 and Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated under the Securities Act of 1933, as amended (the "Securities Act"), and the Exchange Act. In accordance with clause (ii) of Item 601(b)(32), thiscertification (A) shall not be deemed "filed" for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section, and (B) shall not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

 

Date: August 9, 2006

 

/s/ Daniel R. Daigneault

Daniel R. Daigneault

President & Chief Executive Officer

First National Lincoln Corporation
Case 1:06-cv-00775-TFM Document 6 Filed 09/13/2006 Page 1 of 2
Case 1:06-cv-00775-TFM Document 6 Filed 09/13/2006 Page 2 of 2
Case 1:06-cv-00775-TFM Document 6-2 Filed 09/13/2006 Page 1 of 4
Case 1:06-cv-00775-TFM Document 6-2 Filed 09/13/2006 Page 2 of 4
Case 1:06-cv-00775-TFM Document 6-2 Filed 09/13/2006 Page 3 of 4
Case 1:06-cv-00775-TFM Document 6-2 Filed 09/13/2006 Page 4 of 4
§ 600.317 Allowable costs. ( a ) DOE determines allowability of costs in accordance with the cost principles applicable to the type of entity incurring the cost as follows: ( 1 ) *For-profit organizations.* Allowability of costs incurred by for-profit organizations and those nonprofit organizations listed in Attachment C to OMB Circular A-122 is determined in accordance with the for-profit costs principles in 48 CFR part 31 in the Federal Acquisition Regulation, except that patent prosecution costs are not allowable unless specifically authorized in the award document.
( 2 ) *Other types of organizations.* Allowability of costs incurred by other types of organizations that may be subrecipients under a prime award to a for-profit organization is determined as follows: ( i ) *Institutions of higher education.* Allowability is determined in accordance with OMB Circular A-21, “Cost Principles for Educational Institutions.”
( ii ) *Other nonprofit organizations.* Allowability is determined in accordance with OMB Circular A-122, “Cost Principles for Nonprofit Organizations.”
( iii ) *Hospitals.* Allowability is determined in accordance with the provisions of 45 CFR part 74, Appendix E, “Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals.”
( iv ) *Governmental organizations.* Allowability for State, local, or federally recognized Indian tribal government is determined in accordance with OMB Circular A-87, “Cost Principles for State and Local Governments.”
( b ) *Pre-award costs.* If a recipient incurs pre-award costs without the prior approval of the contracting officer, DOE may pay those costs incurred within the ninety calendar day period immediately preceding the effective date of the award, if such costs are: ( 1 ) Necessary for the effective and economical conduct of the project;
( 2 ) Otherwise allowable in accordance with the applicable cost principles; and
( 3 ) Less than the total value of the award.
Exhibit
32.2



CERTIFICATION
PURSUANT TO

SECTION
1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE



The
undersigned, Salman H. Khan, hereby certifies, pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the Sarbanes-Oxley Act
of 2002, that



|1. | the
    annual report on Form 10-K of Verb Technology Company, Inc. (the “Company”) for the fiscal year ended December 31, 2021
    (the “Annual Report”) fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities
    Exchange Act of 1934, as amended; and
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   |                                                                                                                                                                                                                                                                                                     
|2. | the
    information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations
    of Verb Technology Company, Inc. as of the dates and for the periods presented.                                                                 



April
12, 2022



| | /s/
    Salman H. Khan                                                                    
| | ------------------------------------------------------------------------------------------
| | Salman
    H. Khan                                                                        
| | Chief
    Financial Officer, Principal Financial Officer, and Principal Accounting Officer



The
preceding certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350, and shall not be deemed
“filed” for purposes of Section 18 of the Exchange Act of 1934, as amended, and shall not be incorporated by reference into
any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
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.
#### PEOPLE, Respondent, v. DUBELIER, Appellant, et al.

(Supreme Court, Appellate Division, First Department.

February 5, 1915.)

Proceeding by the People of the State of New York against Charles Dubelier, impleaded.

J. A. Segal, of New York City, for appellant. L. Fabricant, of New York City, for the People.

No opinion. Judgment and order affirmed. Order filed.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD ROAD

ANN ARBOR, MI 48105-2498

 OFFICE OF

AIR AND RADIATION

July 18, 2011

MEMORANDUM

SUBJECT: Meeting with GM on April 13, 2011

FROM: Don Kopinski

TO: Docket EPA-HQ-OAR-2010-0162

This memorandum documents a meeting held on April 13, 2011 between GM, NHTSA, and

EPA staff. The following people attended:

GM: Barbara Kiss, Steve Fornetti

EPA: Byron Bunker, Angela Cullen, Tony Fernandez, Houshun Zhang, Bob Peavyhouse, 

and Don Kopinski

NHTSA: Coralie Cooper (phone)

The discussion focused on HD GHG and fuel consumption provisions concerning incomplete 

vehicles, loose engines, and ADFEs.
# EUR-Lex - 31980L1189 - EN

Avis juridique important

*|*

# 31980L1189

**Council Directive 80/1189/EEC of 4 December 1980 providing for the technical adaptation, consequent upon the accession of the Hellenic Republic to the European Communities, of Directive 67/548/EEC on dangerous substances **

*
Official Journal L 366 , 31/12/1980 P. 0001 - 0029 Finnish special edition: Chapter 13 Volume 11 P. 0019 Greek special edition: Chapter 15 Volume 2 P. 0010 Swedish special edition: Chapter 13 Volume 11 P. 0019 Spanish special edition: Chapter 13 Volume 11 P. 0092 Portuguese special edition Chapter 13 Volume 11 P. 0092 *

COUNCIL DIRECTIVE of 4 December 1980 providing for the technical adaptation, consequent upon the accession of the Hellenic Republic to the European Communities, of Directive 67/548/EEC on dangerous substances (80/1189/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the 1979 Act of Accession, in particular Article 146 thereof,

Whereas amendments should be made to Annexes I to IV of Council Directive 67/548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (1) amended principally by Commission Directives 76/907/EEC (2) and 79/370/EEC (3) and last amended by Council Directive 79/831/EEC (4) by the addition of the Greek versions of the names of the relevant dangerous substances and of the other expressions laid down for the labelling of those substances,

HAS ADOPTED THIS DIRECTIVE:

Article 1

The Greek texts set out in Annexes I to IV of this Directive shall be added to Annexes I to IV respectively of Directive 67/548/EEC.

Article 2

Member States shall adopt and publish before 1 January 1981 the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof.

They shall apply such provisions with effect from the accession of the Hellenic Republic.

Article 3

This Directive is addressed to the Member States.

Done at Brussels, 4 December 1980.

For the Council

The President

J. BARTHEL (1)OJ No 196, 16.8.1967, p. 1. (2)OJ No L 360, 30.12.1976, p. 1. (3)OJ No L 88, 7.4.1979, p. 1. (4)OJ No L 259, 15.10.1979, p. 10.

ANNEX I List of dangerous substances classified in the order of the atomic number of the element most characteristic of their properties

Table A

>PIC FILE= "T0014123">

Table B

>PIC FILE= "T0014124">

>PIC FILE= "T0014125">

>PIC FILE= "T0014126">

>PIC FILE= "T0014127">

>PIC FILE= "T0014128">

>PIC FILE= "T0014129">

>PIC FILE= "T0014130">

>PIC FILE= "T0014131">

>PIC FILE= "T0014132">

>PIC FILE= "T0014133">

>PIC FILE= "T0014134">

>PIC FILE= "T0014135">

>PIC FILE= "T0014136">

>PIC FILE= "T0014137">

>PIC FILE= "T0014138">

>PIC FILE= "T0014139">

>PIC FILE= "T0014140">

>PIC FILE= "T0014141">

>PIC FILE= "T0014142">

>PIC FILE= "T0014143">

>PIC FILE= "T0014144">

>PIC FILE= "T0014145">

ANNEX II

>PIC FILE= "T0014146">

ANNEX III

>PIC FILE= "T0014147""PIC FILE= "T0014148">

ANNEX IV

>PIC FILE= "T0014149""PIC FILE= "T0014150">
§ 603.420 Disclosure of information. The announcement should tell potential proposers that: ( a ) For all TIAs, information described in paragraph (b) of this section is exempt from disclosure requirements of the Freedom of Information Act (FOIA)(codified at 5 U.S.C. 552) for a period of five years after the date on which the DOE receives the information from them; and
( b ) As provided in 42 U.S.C. 7256(g) incorporating certain provisions of 10 U.S.C. 2371, disclosure is not required, and may not be compelled, under FOIA during that period if: ( 1 ) A proposer submits the information in a competitive or noncompetitive process that could result in the award of a TIA; and
( 2 ) The type of information is among the following types that are exempt: ( i ) Proposals, proposal abstracts, and supporting documents; and
( ii ) Business plans and technical information submitted on a confidential basis.
( c ) If proposers desire to protect business plans and technical information for five years from FOIA disclosure requirements, they must mark them with a legend identifying them as documents submitted on a confidential basis. After the five-year period, information may be protected for longer periods if it meets any of the criteria in 5 U.S.C. 552(b) (as implemented by the DOE in 10 CFR part 1004) for exemption from FOIA disclosure requirements.
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Antonio De La Cruz, * From the 106th District Court

of Dawson County, Texas

Trial Court No. 15

- 7606

.

Vs. No. 11

- 15

- 00281

- CR * March 31 , 2017

The State of Texas, * Memorandum Opinion by Willson, J

. (Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.)

Thi s court has inspected the record in this cause and concludes that

there is no error in the judgment s below. Therefore, in accordance with this

court ’ s opinion, the judgment s of the trial court are in all things affirmed.
exv10w5



 







Exhibit 10.5





2006 Bonus Plan




Objectives





	 	o	 	Create company-wide focus on highest priority goals.
	 
	 	o	 	Reward employees for achieving value-creating milestones.
	 
	 	o	 	Attracting and retaining the best talent in the industry.





Eligibility





	 	o	 	All full-time Asthmatx employees are eligible to participate.
	 
	 	o	 	Part-time Asthmatx employees may be eligible to participate on
pro-rata case-by-case basis.
	 
	 	o	 	Payout will be prorated for months of service in 2006, and/or
when a goal is accomplished relative to an employee’s start date.





Potential Cash and Option/Equity Payout




	 	 	 	 	 
	Potential Cash	 	 
	a.

	 	Hourly
	 	5% of base annualized wage
	b.

	 	Exempt
	 	15% of base annualized salary
	c.

	 	Vice Presidents
	 	22.5% of base annualized salary
	d.

	 	CEO
	 	30% of base annualized salary






Option/Equity Potential



In the past, the Bonus Program has included an option/equity component. Due to market-based
equity adjustments outlined late in this plan, there will be no option/equity component in the
2006 Bonus Program.





2006 Bonus Goals




To be accomplished by 12/31/06. Maximum bonus payout is 100% of Potential Cash.



	 	 	 	 	 	 	 
	1.	 	Randomization of
150th study subject
	 	 	30	%
	 	 	 
	 	 	 	 
	2.	 	Randomization of 225th study subject
	 	 	30	%
	 	 	 
	 	 	 	 
	3.	 	Randomization of >225 study subjects = 0.267% per subject up to 300 total subjects
	 	 	20	%
	 	 	 
	 	 	 	 
	4.	 	Complete all Alair® process validations necessary to release the product for commercialization or expanded use
	 	 	20	%
	 	 	 
	 	 	 	 
	 	 	 
	 	 	 	 
	 	 	Sub-total
	 	 	100	%
###### Editorial Note on Part 70

#### Editorial Note:

Nomenclature changes to part 70 appear at 81 FR 86910, Dec. 2, 2016.

#### § 70.73 Renewal of licenses.

Applications for renewal of a license must be filed in accordance with §§ 2.109, 70.21, 70.22, 70.33, 70.38, and 70.65 of this chapter. Information contained in previous applications, statements, or reports filed with the Commission under the license may be incorporated by reference, provided that these references are clear and specific.
Exhibit 10.58


THIRD AMENDMENT
 TO THE
 INTELLIGROUP, INC. 2004 EQUITY INCENTIVE AWARD PLAN


Intelligroup, Inc. (the “Company”), a corporation organized under the laws of the State of New Jersey, has previously adopted the Intelligroup, Inc. 2004 Equity Incentive Award Plan (the “Plan”).


In order to amend the Plan in certain respects, this Second Amendment to the Plan has been adopted by a resolution of the Compensation Committee of Board of Directors of the Company on February 17, 2006 and shall become effective upon receipt of shareholder approval.  This Third Amendment to the Plan, together with the Plan, constitutes the entire Plan as amended to date.


1. Effective as of June 8, 2006, Section 3.1(a)(i) of the Plan is hereby amended by replacing the number “1,100,000” with the number “1,600,000”.


* * * * * * * *


Executed this __ day of June 2006.

	
  
 
  	
  
INTELLIGROUP,   INC.
  
	
  
 
  	
  
 
  	
  
 
  
	
  
 
  	
  
 
  	
  
 
  
	
   
  	
  By:
  	
  /s/ Vikram   Gulati
  
	
   
  	
   
  	
  


  
	
   
  	
   
  	
  Officer
Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED OF
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT 2002


The undersigned  hereby  certify pursuant to 18 U.S.C.  Section 1350, as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002,  that the Quarterly
Report of United States Basketball  League,  Inc. on Form 10-QSB for the quarter
ended May 31, 2004 fully  complies  with the  requirements  of Section  13(a) or
15(d) of the Securities Exchange Act of 1934 and that the information  contained
in such Quarterly Report on Form 10-QSB fairly presents in all material respects
the financial  condition  and results of operation of United  States  Basketball
League, Inc.

Date: July 15, 2004

/s/ Daniel T. Meisenheimer, III
-------------------------------
Daniel T. Meisenheimer, III
President

Date: July 15, 2004

/s/ Richard C. Meisenheimer
---------------------------
Richard C. Meisenheimer
Chief Financial Officer
PGI 250.3 Reserved

Parent topic: PGI Part 250 - EXTRAORDINARYCONTRACTUAL ACTIONS