alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

for the Fifth Circuit

No. 19-20489

Maxim Crane Works, L.P., 

Plaintiff—Appellant,

versus

Zurich American Insurance Company, 

Defendant—Appellee.

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:18-CV-03667

Before Smith, Ho, and Oldham, Circuit Judges.

Per Curiam:*

The parties to this insurance coverage dispute stipulate to all relevant 

facts and agree that the outcome turns on a single question of statutory 

interpretation: Who counts as an “employee” under the Texas AntiIndemnity Act? See Tex. Ins. Code §§ 151.102, 151.103. Specifically, if 

an individual is employed by a general contractor, is that individual also an 

* Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited 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 Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 18, 2022

Lyle W. Cayce

Clerk

Case: 19-20489 Document: 00516323398 Page: 1 Date Filed: 05/18/2022
No. 19-20489

2

“employee” of the subcontractor, such that the employee exception of the 

Act applies? 

We certified this question to the Supreme Court of Texas. And that 

court has now answered: No, the employee exception does not apply. Maxim

Crane Works, L.P. v. Zurich Am. Ins. Co., 642 S.W.3d 551, 553 (Tex. 2022). 

We accordingly affirm.

Case: 19-20489 Document: 00516323398 Page: 2 Date Filed: 05/18/2022
<TABLE> <S> <C>



<ARTICLE>        5

<S>                            <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>               DEC-31-2000
<PERIOD-START>                  JAN-01-2000
<PERIOD-END>                    JUN-30-2000
<CASH>                               25,200
<SECURITIES>                              0
<RECEIVABLES>                             0
<ALLOWANCES>                              0
<INVENTORY>                          87,600
<CURRENT-ASSETS>                    274,800
<PP&E>                               99,100
<DEPRECIATION>                            0
<TOTAL-ASSETS>                    1,157,800
<CURRENT-LIABILITIES>             1,663,900
<BONDS>                                   0
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<COMMON>                             54,600
<OTHER-SE>                         (620,700)
<TOTAL-LIABILITY-AND-EQUITY>       (566,100)
<SALES>                             853,200
<TOTAL-REVENUES>                    853,200
<CGS>                               467,000
<TOTAL-COSTS>                     2,602,600
<OTHER-EXPENSES>                          0
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                        0
<INCOME-PRETAX>                  (2,216,400)
<INCOME-TAX>                              0
<INCOME-CONTINUING>              (2,216,400)
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                     (2,216,400)
<EPS-BASIC>                            (.43)
<EPS-DILUTED>                          (.43)



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheets and statements of operations included as a part of the Company's Form
10-QSB for the quarter ended September 30, 2000 and is qualified in its entirety
by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       2,685,968
<SECURITIES>                                         0
<RECEIVABLES>                                1,098,144
<ALLOWANCES>                                         0
<INVENTORY>                                  1,535,693
<CURRENT-ASSETS>                             5,319,806
<PP&E>                                         293,865
<DEPRECIATION>                                   8,699
<TOTAL-ASSETS>                               8,252,485
<CURRENT-LIABILITIES>                        6,045,221
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,901
<OTHER-SE>                                   2,117,264
<TOTAL-LIABILITY-AND-EQUITY>                 8,252,485
<SALES>                                      2,399,890
<TOTAL-REVENUES>                             2,043,060
<CGS>                                        1,024,706
<TOTAL-COSTS>                                6,252,420
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (3,878,658)
<INCOME-TAX>                                  (87,528)
<INCOME-CONTINUING>                        (3,878,658)
<DISCONTINUED>                                (64,867)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,855,997)
<EPS-BASIC>                                      (.18)
<EPS-DILUTED>                                    (.18)


</TABLE>
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 Lite King Corporation (the
"Company") on Form 10-QSB for the period ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the date 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.


Date: February 23, 2006                  By:
                                                ------------------------------
                                         Name:  David L. Norris
                                         Title: Chief Financial Officer

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 Lite King Corporation
and will be retained by Lite King Corporation and furnished to the Securities
and Exchange Commission or its staff upon request.
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-83,610-01

EX PARTE LEONARD WAFER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 31,328-CR IN THE 13 DISTRICT COURT

TH

FROM NAVARRO COUNTY

YEARY, J., filed a concurring opinion in which KEASLER, and HERVEY, JJ.,

joined.

CONCURRING OPINION

Adhering to the views expressed in my concurring opinion in Ex parte Pointer, ___

S.W.3d ___, Nos. WR-84,786-01 & WR-84,786-02 (Tex. Crim. App. del. June 8, 2016), I

join in the Court’s disposition of this case.

FILED: June 29, 2016

DO NOT PUBLISH
##### 



(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 result of operations of the Company.
 /s/ Hayne Hipp
    
    
    
    /s/ Howard L. SchrottHayne Hipp
    
    
    
    Howard L. SchrottChief Executive Officer
    
    
    
    Chief Financial OfficerOctober 25, 2005
    
    
    
    October 25, 2005
 44
§ 2570.118 Decision of the administrative law judge. For 502(c)(6) civil penalty proceedings, this section shall apply in lieu of § 18.57 of this title. ( a ) *Proposed findings of fact, conclusions, and order.* Within twenty (20) days of the filing of the transcript of the testimony, or such additional time as the administrative law judge may allow, each party may file with the administrative law judge, subject to the judge's discretion, proposed findings of fact, conclusions of law, and order together with a supporting brief expressing the reasons for such proposals. Such proposals and briefs shall be served on all parties, and shall refer to all portions of the record and to all authorities relied upon in support of each proposal.
( b ) *Decision of the administrative law judge.* Within a reasonable time after the time allowed for the filing of the proposed findings of fact, conclusions of law, and order, or within 30 days after receipt of an agreement containing consent findings and order disposing of the disputed matter in whole, the administrative law judge shall make his or her decision. The decision of the administrative law judge shall include findings of fact and conclusions of law with reasons therefor upon each material issue of fact or law presented on the record. The decision of the administrative law judge shall be based upon the whole record. In a contested case in which the Department and the Respondent have presented their positions to the administrative law judge pursuant to the procedures for 502(c)(6) civil penalty proceedings as set forth in this subpart, the penalty (if any) which may be included in the decision of the administrative law judge shall be limited to the penalty expressly provided for in section 502(c)(6) of ERISA. It shall be supported by reliable and probative evidence. The decision of the administrative law judge shall become final agency action within the meaning of 5 U.S.C. 704 unless an appeal is made pursuant to the procedures set forth in §§ 2570.119 through 2570.121.
Exhibit 32.2
                                  ------------

Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2001.

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


In connection  with the  Quarterly  Report of NORD OIL  INTERNATIONAL,  INC.(the
"Company")  on Form 10-QSB for the quarter  ended March 31, 2006,  as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Gerald Parkin, Chief Accounting Officer of the Company,  certify, pursuant to 18
U.S.C.  1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2001, that:

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

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


Dated: May 24, 2006.


        /s/ Gerald Parkin
        -------------------------------
        Gerald Parkin
        Chief Accounting Officer
<PAGE>

                                                                  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 Annual Report of K-V Pharmaceutical Company (the
"Company") on Form 10-K for the fiscal year ended March 31, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Marc S. Hermelin, Vice Chairman 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; 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/ Marc S. Hermelin
                                    -----------------------------------------
                                                 Marc S. Hermelin
                                    Vice Chairman and Chief Executive Officer
Date: June 14, 2005                       (Principal Executive Officer)
###### Editorial Note on Part 4

#### Editorial Note:

Nomenclature changes to part 4 appear at 61 FR 19984, May 3, 1996.

#### § 4.104 What the Act provides, generally.

The provisions of the Act apply to contracts, whether negotiated or advertised, the principal purpose of which is to furnish services in the United States through the use of service employees. Under its provisions, every contract subject to the Act (and any bid specification therefor) entered into by the United States or the District of Columbia in excess of $2,500 must contain stipulations as set forth in § 4.6 of this part requiring: (a) That specified minimum monetary wages and fringe benefits determined by the Secretary of Labor (based on wage rates and fringe benefits prevailing in the locality or, in specified circumstances, the wage rates and fringe benefits contained in a collective bargaining agreement applicable to employees who performed on a predecessor contract) be paid to service employees employed by the contractor or any subcontractor in performing the services contracted for; (b) that working conditions of such employees which are under the control of the contractor or subcontractor meet safety and health standards; and (c) that notice be given to such employees of the compensation due them under the minimum wage and fringe benefits provisions of the contract. Contractors performing work subject to the Act thus enter into competition to obtain Government business on terms of which they are fairly forewarned by inclusion in the contract. (*Endicott Johnson Corp.* v. *Perkins,* 317 U.S. 501, 507 (1943).) The Act's purpose is to impose obligations upon those favored with Government business by precluding the use of the purchasing power of the Federal Government in the unfair depression of wages and standards of employment. (See H.R. Rep. No. 948, 89th Cong., 1st Sess. 2-3 (1965); S. Rep. No. 798, 89th Cong., 1st Sess. 3-4 (1965).) The Act does not permit the monetary wage rates specified in such a contract to be less than the minimum wage specified under section 6(a)(1) of the Fair Labor Standards Act, as amended (29 U.S.C. 206(a)(1)). In addition, it is a violation of the Act for any contractor or subcontractor under a Federal contract subject to the Act, regardless of the amount of the contract, to pay any of his employees engaged in performing work on the contract less than such Fair Labor Standards Act minimum wage. Contracts of $2,500 or less are not, however, required to contain the stipulations described above. These provisions of the Service Contract Act are implemented by the regulations contained in this part 4 and are discussed in more detail in subsequent sections of subparts C, D, and E.
EXHIBIT 32.2

Certification of the Chief Financial Officer of

HORIZON BANCORPORATION, INC.

Pursuant to 18 U.S.C. Section 1350
(Adopted by Section 906 of the Sarbanes-Oxley Act of 2002)



The undersigned Chief Financial Officer of Horizon Bancorporation, Inc., hereby certifies that:

1. Horizon Bancorporation, Inc.'s Quarterly Report on Form 10-QSB for the period ended June 30, 2005, to which this certification is attached as an exhibit (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 operations of Horizon Bancorporation, Inc.'

/S/ Kathleen M. Jepson
Kathleen M. Jepson, 
Senior Vice President and Chief Financial Officer
August 15, 2005
----

Action brought on 19 May 2004 by the Commission of the European Communities against the Italian Republic

(Case C-214/04)

(2004/C 190/11)

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 19 May 2004 by the Commission of the European Communities, represented by Ulrich Wölker and Antonio Aresu, acting as Agents.

The applicant claims that the Court should:

Pleas in law and main arguments:

The Commission claims that the derogations referred to in the Decree of 3 October 2001 of the Ministry of the Environment and Protection of the Territory apply to various cases which are not covered by the derogation laid down in Regulation No 2037/2000 and that therefore the field of application of those derogations is considerably wider than is permitted under the regulation itself. In so far as the Italian provisions authorise the use of hydrochlorofluorocarbons (HCFCs) in fire protection installations in cases not permitted under Regulation 2037/2000, those provisions are inconsistent with Community law.

----

(1)OJ L 244 of 29.9.2000, p. 1

----
Editorial Note on Part 1926
Editorial Notes: 1. At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29 CFR part 1926 together with certain General Industry Occupational Safety and Health Standards contained in 29 CFR part 1910, which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry. 2. Nomenclature changes to part 1926 appear at 84 FR 21597, May 14, 2019.

§ 1926.904 Storage of explosives and blasting agents. ( a ) Explosives and related materials shall be stored in approved facilities required under the applicable provisions of the Bureau of Alcohol, Tobacco and Firearms regulations contained in 27 CFR part 55, Commerce in Explosives.
( b ) Blasting caps, electric blasting caps, detonating primers, and primed cartridges shall not be stored in the same magazine with other explosives or blasting agents.
( c ) Smoking and open flames shall not be permitted within 50 feet of explosives and detonator storage magazine.
( d ) No explosives or blasting agents shall be permanently stored in any underground operation until the operation has been developed to the point where at least two modes of exit have been provided.
( e ) Permanent underground storage magazines shall be at least 300 feet from any shaft, adit, or active underground working area.
( f ) Permanent underground magazines containing detonators shall not be located closer than 50 feet to any magazine containing other explosives or blasting agents.
[44 FR 8577, Feb. 9, 1979; 44 FR 20940, Apr. 6, 1979, as amended at 58 FR 35311, June 30, 1993]
§ 35.33 Investigations. ( a ) *Initial investigation.* CRC will investigate complaints that are unresolved after mediation or reopened because the mediation agreement has been violated. ( 1 ) As part of the initial investigation, CRC will use informal fact-finding methods, including joint or separate discussions with the complainant and recipient to establish the facts and, if possible, resolve the complaint to the mutual satisfaction of the parties. CRC may seek the assistance of any involved State, local, or other Federal agency.
( 2 ) Where agreement between the parties has been reached pursuant to paragraph (a)(1) of this section, the agreement shall be put in writing by DOL, and signed by the parties and an authorized official of DOL.
( b ) *Formal findings, conciliation, and hearing.* If CRC cannot resolve the complaint during the early stages of the investigation, CRC will complete the investigation of the complaint and make formal findings. If the investigation indicates a violation of the Act or this part, CRC will attempt to achieve voluntary compliance. If CRC cannot obtain voluntary compliance, CRC will begin appropriate enforcement action, as provided in § 35.36.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission 

          - [Docket No. RP00-280-000]

Take notice that on May 10, 2000, U-T Offshore System, L.L.C. (UTOS), tendered for filing as part of its FERC Gas Tariff, Fourth Revised Volume No. 1, the revised tariff sheets listed in Appendix A to the filing. UTOS proposes that the foregoing tariff sheets be made effective on June 1, 2000.

UTOS states this filing is made to reflect ministerial tariff changes resulting from the assumption of operating duties by the El Paso Energy Partners Operating Company (EPNOC). UTOS further states that the instant filing specifically modifies the company's address, telephone numbers and personnel titles and designations from its currently effective tariff to conform with the changes due to the assumption of operating duties by EPNOC. UTOS further states that the changes effected by this filing are purely ministerial.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with Section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance).

David P. Boergers,

Secretary.

[FR Doc. 00-12721  Filed 5-19-00; 8:45 am]

BILLING CODE 6717-01-M