alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## Court of Appeals Sixth Appellate District of Texas

JUDGMENT

Michael Cagle and Martin Lake Construction, Inc., Appellant s

No. 06

- 12

- 00034

- CV v.

Timothy J. Clark, Appellee Appeal from the County Court at Law of Panola County, Texas (Tr. Ct. No. 2009

- 187 ). Opinion delivered by Justice Carter,

Chief Justice Morriss and Justice Moseley participating.

As stated in the Court’s opinion of this date, we find reversible error in the judgment of

the court below. Therefore, we reverse the judgment of the t r ial court and remand the cause for

further proceedings consistent with the opinion

. We further order that the appell ee
, Timothy J. Clark , pay all costs of this appeal.

RENDERED APRIL 26, 2013

BY ORDER OF THE COURT JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

D ebra K. Autrey, Clerk
* Judge Murnaghan was assigned to the panel in this case but

died prior to the time the decision was filed. The decision is

filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d)

(1994).

ON PETITION FOR REHEARING

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-6700

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JEFFREY TATE,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District

Judge. (CR-97-38-H, CA-99-437-5-H)

Submitted: May 24, 2001 Decided: June 11, 2001

Before MURNAGHAN,* WILKINS, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jeffrey Tate, Appellant Pro Se. Robert Edward Skiver, Assistant

United States Attorney, Raleigh, North Carolina, for Appellee.
* We previously granted Tate’s petition for rehearing and

placed his appeal in abeyance for United States v. Jones, No. 00-

7249. We recently held, however, in United States v. Sanders, 247

F.3d 139 (4th Cir. 2001), that the new rule announced in Apprendi

v. New Jersey, 530 U.S. 466 (2000), is not retroactively applicable

to cases on collateral review. Accordingly, the Apprendi claim

Tate asserted for the first time in his letter pursuant to Fed. R.

App. P. 28(j) is not cognizable. We therefore remove this appeal

from abeyance because we conclude Sanders is dispositive of Tate’s

Apprendi claim.

2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Jeffrey Tate seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000).

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we deny a certificate of

appealability and dismiss the appeal substantially on the reasoning

of the district court. See United States v. Tate, Nos. CR-97-38-H;

CA-99-437-5-H (E.D.N.C. Apr. 14, 2000).* We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court, and argument would not

aid the decisional process.

DISMISSED
[Federal Register Volume 74, Number 182 (Tuesday, September 22, 2009)]
[Notices]
[Page 48268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22745]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute for Occupational Safety and Health


Decision To Evaluate a Petition To Designate a Class of Employees 
for the Weldon Spring Plant, Weldon Spring, MO, To Be Included in the 
Special Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Department of Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: HHS gives notice as required by 42 CFR 83.12(e) of a decision 
to evaluate a petition to designate a class of employees for the Weldon 
Spring Plant, Weldon Spring, Missouri, to be included in the Special 
Exposure Cohort under the Energy Employees Occupational Illness 
Compensation Program Act of 2000. The initial proposed definition for 
the class being evaluated, subject to revision as warranted by the 
evaluation, is as follows:
    Facility: Weldon Spring Plant.
    Location: Weldon Spring, Missouri.
    Job Titles and/or Job Duties: All employees of DOE, DOE 
contractors, or subcontractors who worked in any area.
    Period of Employment: January 1, 1957 through December 31, 1966.

FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of 
Compensation Analysis and Support, National Institute for Occupational 
Safety and Health (NIOSH), 4676 Columbia Parkway, MS C-46, Cincinnati, 
OH 45226, Telephone 513-533-6800 (this is not a toll-free number). 
Information requests can also be submitted by e-mail to <a href="/cdn-cgi/l/email-protection#125d515341525156513c555d44"><span class="__cf_email__" data-cfemail="e3aca0a2b0a3a0a7a0cda4acb5">[email protected]</span></a>.

 John Howard,
Director, National Institute for Occupational Safety and Health.
[FR Doc. E9-22745 Filed 9-21-09; 8:45 am]
BILLING CODE 4163-19-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 208 Introduced in House (IH)]

110th CONGRESS
  1st Session
                                H. R. 208

To amend the Richard B. Russell National School Lunch Act to expand the 
fruit and vegetable pilot program to 5 States, including New York, and 
                    to include Head Start programs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2007

 Mr. Serrano introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL

 
To amend the Richard B. Russell National School Lunch Act to expand the 
fruit and vegetable pilot program to 5 States, including New York, and 
                    to include Head Start programs.

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

SECTION 1. ELIGIBILITY FOR FRUIT AND VEGETABLE PILOT PROGRAM.

    Section 18(g)(1)(B) of the Richard B. Russell National School Lunch 
Act (42 U.S.C. 1769(g)(1)(B)) is amended by striking ``in each of 4 
States (including a State'' and inserting ``or Head Start programs 
authorized under the Head Start Act (42 U.S.C. 9831 et seq.), in each 
of 5 States (including New York and a State''.
                                 <all>
```
N OTE : This disposition is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

______________________
CRASSOCIATES, INC., Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee,

and

SPECTRUM HEALTHCARE RESOURCES, INC., Defendant-Appellee.

____________________

2012-5037

______________________
Appeal from the United States Court of Federal Claims in No. 11-CV-570, Ju dge Francis M. Allegra.

______________________

JUDGMENT

______________________

K ENNETH B. W ECKSTEIN , Brown Rudnick, LLP, of Washington, DC, argued for plaintiff-appellant.

P ATRICIA M. M C C ARTHY , Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee United States. On the brief were S TUART F. D ELERY , Acting Assistant Attorney General,
J EANNE E. D AVIDSON , Director, F RANKLIN E. W HITE
, J R

. Assistant Director, and M ICHAEL P. G OODMAN , Trial Attorney.J AMES G. P EYSTER , Crowell & Moring, LLP, of Washington, DC, argued for defendant-appellee Spectrum Healthcare Resources, Inc. With him on the brief was
A MY L ADERBERG O’S ULLIVAN

.

______________________

T HIS C AUSE having been heard and considered, it is

O RDERED and A DJUDGED :

P ER C URIAM (L OURIE
, R EYNA , and W ALLACH
, Circuit Judges ).

AFFIRMED. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

August 14, 2012 /s/ Jan Horbaly Date Jan Horbaly Clerk
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1777 Enrolled Bill (ENR)]

        H.R.1777

                       One Hundred Tenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight

                                 An Act

 
 To amend the Improving America's Schools Act of 1994 to make permanent 
    the favorable treatment of need-based educational aid under the 
                             antitrust laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
     This Act may be cited as the ``Need-Based Educational Aid Act of 
2008''.
SEC. 2. AMENDMENT.
    Section 568(d) of the Improving America's Schools Act of 1994 (15 
U.S.C. 1 note) is amended by striking ``2008'' and inserting ``2015''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
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# 						Remarks and Releases–Office of the Special Representative for Racial Equity and Justice					

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Select a MonthJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember

Select a SpeakerAntony J. BlinkenDesirée Cormier SmithMatthew Miller

Select a LocationBelgiumBosnia and HerzegovinaBrazilCanadaColombiaGuatemalaHondurasLithuaniaMexicoSouth AfricaSri LankaSwitzerlandUnited KingdomUnited States

Select a Release TypeDipNoteDipNote: Human Rights and DemocracyMedia NoteNotice to the PressPress StatementRemarksU.S. Embassy ReleaseU.S. Mission Release

Select a Bureau/OfficeBureau of African AffairsBureau of Democracy, Human Rights, and LaborBureau of European and Eurasian AffairsBureau of Global Public AffairsBureau of International Organization AffairsBureau of South and Central Asian AffairsBureau of Western Hemisphere AffairsOffice of Diversity and InclusionOffice of International Religious FreedomOffice of the Special Envoy To Monitor and Combat AntisemitismOffice of the Special Representative for Racial Equity and JusticeOffice of the SpokespersonThe Secretary of State

          -    DipNote: Human Rights and Democracy  		Groundbreaking Initiative to Elevate Indigenous Youth Leaders	  November 16, 2023 
          -    Media Note  		Indigenous Youth Leadership Coalition Launches with Arrival of Inaugural Cohort	  November 6, 2023 
          -    Press Statement  		International Day for People of African Descent	  Antony J. BlinkenAugust 31, 2023 
          -    Remarks  		Remarks for Special Representative Cormier Smith’s Participation in the Secretary’s Global Anti-Racism Champions Award Ceremony	  Desirée Cormier SmithAugust 9, 2023 
          -    Remarks  		Secretary Antony J. Blinken  At the First Annual Ceremony  for the Secretary of State’s Award for Global Anti-Racism Champions	  Antony J. BlinkenAugust 9, 2023Dean Acheson AuditoriumWashington, D.C. 
          -    Notice to the Press  		Secretary Blinken to Honor Global Anti-Racism Champions Awardees at the State Department	  August 3, 2023 
          -    Media Note  		Special Representative Cormier Smith’s Travel to Colombia	  July 23, 2023 
          -    Press Statement  		The 28th Anniversary of the Srebrenica Genocide	  Matthew MillerJuly 11, 2023 
          -    Media Note  		U.S. Delegation Travels to Bosnia and Herzegovina to Commemorate Srebrenica Genocide and Promote Peace and Tolerance	  July 10, 2023 
          -    Remarks  		Remarks for Special Representative Cormier Smith’s Participation in a Fireside Chat With the Center for Strategic and International Studies	  Desirée Cormier SmithJune 30, 2023 

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Exhibit 32.1


    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  Quarterly  Report on Form 10-Q for the  quarter  ended
March 31, 2009 of AXA Equitable  Life Insurance  Company (the  "Company") as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), I, Christopher M. Condron, Chairman of the Board, President and Chief
Executive 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/ Christopher M. Condron
                                           ----------------------------------
                                           Christopher M. Condron
                                           Chairman of the Board, President
                                           and Chief Executive Officer



         Date: May 11, 2009
<TABLE> <S> <C>

<ARTICLE> UT
<CIK> 0000728391
<NAME> IPALCO ENTERPRISES, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,750,410
<OTHER-PROPERTY-AND-INVEST>                     84,947
<TOTAL-CURRENT-ASSETS>                         153,371
<TOTAL-DEFERRED-CHARGES>                       140,450
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               2,129,178
<COMMON>                                       406,951
<CAPITAL-SURPLUS-PAID-IN>                            0
<RETAINED-EARNINGS>                            568,679
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 566,485
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     59,135
<LONG-TERM-DEBT-NET>                           946,073
<SHORT-TERM-NOTES>                               8,000
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                      894
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 548,591
<TOT-CAPITALIZATION-AND-LIAB>                2,129,178
<GROSS-OPERATING-REVENUE>                      397,027
<INCOME-TAX-EXPENSE>                            39,971
<OTHER-OPERATING-EXPENSES>                     267,716
<TOTAL-OPERATING-EXPENSES>                     307,687
<OPERATING-INCOME-LOSS>                         89,340
<OTHER-INCOME-NET>                               5,917
<INCOME-BEFORE-INTEREST-EXPEN>                  95,257
<TOTAL-INTEREST-EXPENSE>                        34,111
<NET-INCOME>                                    61,146
<PREFERRED-STOCK-DIVIDENDS>                      1,200
<EARNINGS-AVAILABLE-FOR-COMM>                   61,146
<COMMON-STOCK-DIVIDENDS>                        23,516
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                         130,897
<EPS-PRIMARY>                                     1.36
<EPS-DILUTED>                                     1.34
        

</TABLE>
HomeBureau of African AffairsRemarks & Releases...Remarks for Kwibuka 29

# 									Remarks for Kwibuka 29							

Remarks

Molly Phee, Assistant SecretaryBureau of African Affairs

National Press Club

Washington, D.C.

April 7, 2023

Good morning. It is an honor and a privilege to join you today to commemorate Kwibuka 29. Thank you to Ambassador Mukantabana for inviting me.

On this solemn day, we remember the lives lost during 100 days of unspeakable violence. We grieve for the hundreds of thousands of Tutsi victims – men, women, and children – who were targets of genocidal violence because of their ethnicity. We also remember the Hutu, Twa, and others who were murdered due to their opposition to a genocidal regime. We stand with the survivors who witnessed these terrible crimes and still mourn the loss of their loved ones.

Following the horrific events of 1994, Rwanda united in reconciliation. It pursued community justice to try over a million suspects and help communities heal from unforgivable wounds, while the International Criminal Tribunal for Rwanda pursued high level suspects. Rwanda invested in the country’s development and the health and education of its people, achieving impressive results in a few short decades. The United States has been proud to be Rwanda’s partner in this process.

As we join in remembering the victims and reaffirming our support for the people of Rwanda in their continued efforts for unity and renewal, we oppose any attempt to misrepresent the historical record for political purposes. In particular, we strongly oppose any denial or minimization of the genocide that targeted Tutsi. We also remember how hate speech was used to incite people to commit genocidal violence. We urge those who employ hateful rhetoric today to consider the power of their words and use them to promote peace rather than foment violence and hate.

The United States has been and will remain one of Rwanda’s strongest supporters in seeking accountability for the genocide. We helped to establish and support the International Criminal Tribunal for Rwanda, and we continue to offer rewards leading to the arrest of the remaining fugitives wanted by the International Residual Mechanism for Criminal Tribunals. The United States will never stop working with Rwanda to bring those responsible for genocide to justice.

Thank you again for allowing me the opportunity to join you on this somber day. Today and every day, let us recommit to protecting the vulnerable, promoting accountability for atrocities, and ensuring that mass atrocities like this never happen again.

Tags

Bureau of African AffairsRwanda

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Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT

THE COAST
DISTRIBUTION SYSTEM, INC.

Quarterly Report on Form 10-Q

for
the Quarter and Six Months ended June 30, 2007

The undersigned, who is the Chief Executive Officer of The Coast Distribution System,
Inc (the Company), hereby certifies that (i) the Quarterly Report on Form 10-Q for the quarter and six month period ended June 30, 2007, as filed by the Company with the Securities and Exchange Commission (the Quarterly
Report), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) and 15(d) of the Exchange Act; and (ii) the information contained in this Quarterly Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.

Dated: August 14, 2007



/s/ THOMAS R. MCGUIREThomas R. McGuire Chairman and Chief Executive OfficerA 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.
Future Use Operations: [ ]

Initially this substance will be used at either a [

] or

the [

]

Operations at the [ ] will be similar to the unit operations at [

] but done at a larger scale.

During the transition of operations from [ ] facility to operations at

the [ ], use at the [ ] facility will continue until

process capability is demonstrated at the [ ]. Once transition is complete,

use will occur at the [ ].
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. 08-60712

Summary Calendar

HELENE KENGNE KUEMO

Petitioner

v.

ERIC H HOLDER, JR, US ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A98 873 477

Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges. 

PER CURIAM:*

Helene Kengne Kuemo, a native and citizen of Cameroon, challenges the

Board of Immigration Appeals’ (BIA) dismissing her appeal of the immigration

judge’s (IJ) denial of her asylum and withholding-of-removal applications.

Kuemo contests the IJ’s adverse credibility finding and claims she established

past persecution on account of her membership in a particular social group.

United States Court of Appeals

Fifth Circuit

F I L E D

May 7, 2009

Charles R. Fulbruge III

Clerk
No. 08-60712

2

Accordingly, Kuemo contends the BIA’s decision is not supported by substantial

evidence. 

Factual findings that an alien is ineligible for asylum are reviewed only

to determine whether they are supported by substantial evidence. Gomez-Mejia

v. INS, 56 F.3d 700, 702 (5th Cir. 1995). Along this line, “we must defer to the

BIA’s factual findings unless the evidence is so compelling that no reasonable

fact finder could fail to find otherwise”. Mikhael v. INS, 115 F.3d 299, 304 (5th

Cir. 1997).

The IJ’s finding Kuemo’s testimony not credible is supported by

substantial evidence. See Vidal v. Gonzales, 491 F.3d 250, 254 (5th Cir. 2007).

Accordingly, Kuemo’s contentions do not compel this court to substitute its

judgment for that of the IJ. See Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994) (“We

cannot substitute our judgment for that of the BIA or IJ with respect to the

credibility of the witnesses or ultimate factual findings based on credibility

determinations.”); see also 8 U.S.C. § 1158(b)(1)(B)(ii) (specifying criteria

allowing petitioner’s credible testimony to constitute sole support for asylumeligibility). Because the IJ’s finding Kuemo’s testimony not credible is a

sufficient ground for affirming the BIA’s decision, we need not reach the

alternative ruling that Kuemo failed to meet her burden of demonstrating a wellfounded fear of persecution. See Chun, 40 F.3d at 79. 

Kuemo did not exhaust her Convention Against Torture claim before the

BIA; therefore, that claim cannot be considered here. See Wang v. Ashcroft, 260

F.3d 448, 452 (5th Cir. 2001).

DENIED.