alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court **of Appeals**  **f or the Fifth Circuit** 

No. 21

- 10485 Summary Calendar

**United States of America,**

Plaintiff

— Appellee **,**

versus

**Luis Pena**

**- Aleman,** 

Defendant

— Appellant

**.**

Appeal from the United States District Court for the Northern District of Texas No. 3:19

- CR

- 124

- 1

Before **Smith, Stewart,** and **Graves,** Circuit Judges

. **Per Curiam :**  *

The attorney appointed to represent Luis Pena

- Aleman has moved to withdraw and has filed a brief per Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Pena

- Aleman has not filed a response.

* Pursuant to **5th Cir cuit**  **R ule**  47.5, the court has determined that this opin

ion should not be published and is not precedent except under the limited circumstances set forth in **5th Cir cuit**  **R ule**  47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 10, 2022 Lyle W. Cayce Clerk Case: 21-10485 Document: 00516234107 Page: 1 Date Filed: 03/10/2022No. 21

- 10485

2 We have reviewed counsel’s brief and relevant portions of the record. We concur with counsel’s assessment that the appeal presents no nonfrivo

lous issue for appellate review.

Accordingly, the motion to with draw is **GRANTED** , counsel is excused from further responsibilities herein, and the appeal is **DISMISSED**

. See **5th Cir. R.** 42.2

. Case: 21-10485 Document: 00516234107 Page: 2 Date Filed: 03/10/2022
(75 South. 632)

#### MOWERY v. STATE.

(6 Div. 267.)

(Court of Appeals of Alabama.

May 8, 1917.)

Criminal Law <&wkey; 1090(16) — Appeal —Absence, of Bill of Exceptions.

In the absence of a bill of exceptions, the action of the court in overruling motion for new trial cannot be reviewed.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 2822, 2948, 3204.]

*85Appeal from Circuit Court, Blount County; J. E. Blackwood, Judge.

George Mowery was convicted of an assault with intent to murder, and he appeals.

Affirmed.

P. A. Nash, of Oneonta, for appellant. W. L. Martin, Atty. Gen., for thie State.

BRICKEN, J.

This appeal is upon the record, without bill of exceptions. The defendant was indicted, tried, and convicted for the offense of assault with intent to murder. A careful examination of the record fails to disclose any error of a reversible nature. The motion for a new trial was not in conformity to Acts 1915, p. 722, and no exception was reserved to the action of the court in overruling this motion; and in the absence of a bill of exceptions cannot be reviewed by this court. Let the judgment of the lower court be affirmed.

Affirmed.
(77 South. 451)

#### WARD v. WATLEY.

(8 Div. 402.)

(Court of Appeals of Alabama.

Nov. 20, 1917.)

Appeal and Error <&wkey;1078(l) — Scope — Bribes on Appeal.

Assignments of error not argued or insisted upon in the'i>rief árfi Waived.

Appeal from Circuit Court, Madison County; R. C. Brickell, Judge.

Action by Harvey Watley against R. L. Ward. From the judgment rendered, defendant appeals.

Affirmed.

R. E. Smith and F. L. Petty, both of Huntsville, for appellant. Lanier & Pride, of Huntsville, for-áppqllee.

BRICKEN, J.

This is a suit instituted by appellee, in which damages were claimed for the alleged false arrest and malicious prosecution of appellee, which, it was averred, was caused by the appellant.

The brief filed on behalf of appellant discusses in a very general way, without citation of authority, the fifth, eleventh, twelfth, thirteenth, fourteenth, and eighteenth assignments of error. The brief does not strictly comply with the rules, but we have examined each of these assignments, and are of the opinion that no reversible error appears.

The remaining assignments of error are not argued or insisted upon in the brief, and are therefore waived, and the judgment of the court below is affirmed.

Affirmed.
Exhibit 31.1

                                 CERTIFICATIONS


I, Daniel J. Hogarty, Jr., certify that:


         1. I have reviewed this Quarterly Report on Form 10-Q of Troy Financial
Corporation;

         2. Based on my knowledge, this quarterly report does not contain any
untrue statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the periods covered by this
report;

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

         4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

         a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this quarterly report is being prepared;

         b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures as of the end of the
period covered by this report based on such evaluation; and

         c) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

         5. The registrant's other certifying officers and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrant's auditors and the audit committee of registrant's
board of directors (or persons performing the equivalent function):

         a) All significant deficiencies and material weaknesses in the design
or operations of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

         b) Any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls over financial reporting.

Date:  August 14, 2003

By:  /s/ Daniel J. Hogarty, Jr.
     --------------------------
      Daniel J. Hogarty, Jr.
      Chairman, President and Chief Executive Officer


                                       26
§ 780.401 General explanatory statement. ( a ) Section 13(b)(12) of the Act contains the same wording exempting any employee employed in agriculture as did section 13(a)(6) prior to the 1966 amendments. The effect of this is to provide a complete overtime exemption for any employee employed in “agriculture” who does not qualify for exemption under section 13(a)(6) (A), (B), (C), (D), and (E) of the 1966 amendments.
( b ) In addition to exempting employees engaged in agriculture, section 13(b)(12) also exempts from the overtime provisions of the Act employees employed in specified irrigation activities. The effect of the 1997 amendment to section 13(b)(12) is to expand the overtime exemption for any employee employed in specified irrigation activities used for supply and storing of water for agricultural purposes by substituting “water, at least 90 percent of which was ultimately delivered for agricultural purposes during the preceding calendar year” for the prior requirement that all the water be used for agricultural purposes. Prior to the 1966 amendments employees employed in specified irrigation activities were exempt from the minimum wage and overtime pay requirements of the Act.
( c ) For exempt employment in “agriculture,” see subpart B of this part.
[37 FR 12084, June 17, 1972, as amended at 76 FR 18859, Apr. 5, 2011]
**Exhibit 12.1**

**MGE Energy, Inc.**

**Ratio of Earnings to Fixed Charges
**Twelve Months Ended December 31, 2002*(In thousands)***
**Earnings** Income before interest expense, net of ATC        equity earnings $38,422Add:  Income tax items 17,573 Income tax on other income 1,154 Income distribution from equity investee        2,714 AFUDC - borrowed funds 213 Interest on rentals* 934 Amortization of debt discount 432 Total earnings before interest and taxes        $61,442**Fixed Charges** Interest on long-term debt $12,032Amortization of debt discount 432Other interest 513Interest on rentals* 934 Total fixed charges $13,911**Ratio of Earnings to Fixed Charges**4.42x
**Represents one-third of the total rental  expense.***
#### § 580.9 Commencement of proceeding.

Each administrative proceeding permitted under the Act and these regulations shall be commenced upon receipt of a timely request for hearing filed in accordance with § 580.6 of this subpart.
Exhibit No. 23





                CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the incorporation by reference in the registration
statements of Madison Gas and Electric Company on Form S-3
(Registration No. 33-52491 and Registration No. 33-24115) of our
report dated February 6, 1998, on our audits of the consolidated
financial statements of Madison Gas and Electric Company as of
December 31, 1997 and 1996, and for the years ended December 31,
1997, 1996, and 1995, which report is included in this annual
report on Form 10-K.


/s/ Coopers & Lybrand L.L.P.
Milwaukee, Wisconsin
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 255 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
S. RES. 255

Recognizing and supporting the long distance runs that will take place 
in the People's Republic of China in 2007 and the United States in 2008 
   to promote friendship between the peoples of China and the United 
                                States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2007

 Mr. Isakson submitted the following resolution; which was referred to 
                   the Committee on Foreign Relations

_______________________________________________________________________

                               RESOLUTION

 
Recognizing and supporting the long distance runs that will take place 
in the People's Republic of China in 2007 and the United States in 2008 
   to promote friendship between the peoples of China and the United 
                                States.

Whereas, in 1984, American long distance runner Stan Cottrell of Tucker, 
        Georgia, was welcomed into the People's Republic of China where he 
        completed the 2,125-mile Great Friendship Run along the Great Wall of 
        China in 53 days, an event which was chronicled in the international 
        press and serves as a sign of international friendship;
Whereas those involved in the Great Friendship Run over 2 decades ago are 
        committed to running again to revisit the experience and to promote 
        friendship between the peoples of China and the United States;
Whereas in China, a 2,200-mile run from the Great Wall of China to Hong Kong 
        will take place October 15 to December 15, 2007;
Whereas in the United States, a 4,000-mile relay style run from San Francisco, 
        California, to the United States Capitol Building in Washington, D.C., 
        will take place May 7 to June 20, 2008, and cross the continent; and
Whereas 3 Chinese long distance runners will participate with Stan Cottrell and 
        others in the run to take place in the United States: Now, therefore, be 
        it
    Resolved, That the Senate recognizes and supports the long distance 
runs that will take place in the People's Republic of China in 2007 and 
the United States in 2008 to promote friendship between the peoples of 
China and the United States.
                                 <all>
```
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.                  

###### National Science Foundation

In accordance with Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Special Emphasis Panel in Engineering Education and Centers (173).                              ( print page 34505)    

*Date and Time:*                         July 17-18, 2000, 7:30 a.m. to 5:30 p.m.                    

*Place:*                         National Science Foundation, Room 375, 4201 Wilson Blvd, Arlington, VA.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Mary Poats, Program Manger, Engineering Education and Centers Division, Nation Science Foundation, Room 585, 4201 Wilson Boulevard, Arlington, VA 22230.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate proposals submitted to the Combined Research-Curriculum Development Program.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

*Reason for Revision:*                         To change location of meeting.                    

Dated: May 23, 2000.

Karen J. York,

Committee Management Officer.

[FR Doc. 00-13422  Filed 5-26-00; 8:45 am]

BILLING CODE 7555-01-M
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM LUKENS INC.
FINANCIAL STATEMENTS FOR THE FIFTY-TWO WEEKS ENDED DECEMBER 28,1996, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-28-1996
<PERIOD-START>                             DEC-31-1995
<PERIOD-END>                               DEC-28-1996
<CASH>                                          10,282
<SECURITIES>                                         0
<RECEIVABLES>                                  100,106
<ALLOWANCES>                                     7,750
<INVENTORY>                                    148,925
<CURRENT-ASSETS>                               266,656
<PP&E>                                         953,753
<DEPRECIATION>                                 420,427
<TOTAL-ASSETS>                                 888,751
<CURRENT-LIABILITIES>                          167,498
<BONDS>                                        248,695
<PREFERRED-MANDATORY>                           13,427
<PREFERRED>                                          0
<COMMON>                                           158
<OTHER-SE>                                     244,484
<TOTAL-LIABILITY-AND-EQUITY>                   888,751
<SALES>                                        970,320
<TOTAL-REVENUES>                               970,320
<CGS>                                          915,113
<TOTAL-COSTS>                                  915,113
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                11,348
<INTEREST-EXPENSE>                              16,735
<INCOME-PRETAX>                               (42,788)
<INCOME-TAX>                                  (14,377)
<INCOME-CONTINUING>                           (28,411)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (28,411)
<EPS-PRIMARY>                                   (2.06)
<EPS-DILUTED>                                   (2.06)
        

</TABLE>
```

                                                                   Exhibit 32(a)

                           SECTION 1350 CERTIFICATION

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

      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss.
1350), the undersigned officer of Lynch Corporation, an Indiana corporation (the
"Corporation"), does hereby certify that:

      The Annual Report on Form 10-K for the year ended December 31, 2004 (the
"Form 10-K") of the Corporation fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and
information contained in the Form 10-K fairly presents, in all material
respects, the financial condition and results of operations of the Corporation.

                                                     /s/ John C. Ferrara
                                                     ---------------------------
                                                     John C. Ferrara
                                                     Chief Executive Officer
                                                     March 24, 2005
```
#### Oksana Stasyszn, Appellant, v Sutton East Associates et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Submitted July 31, 1995;

decided October 26, 1995

Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as dismissed plaintiff’s appeal from that part of Supreme Court’s order that denied her motion to amend the judgment, dismissed upon the ground that that part of the order sought to be appealed from does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.

Judge Ciparick taking no part.
#### § 776.26 Relationship of the construction work to the covered facility.

Unless the construction work is physically or functionally integrated or closely identified with an existing covered facility it is not regarded as covered construction because it is not closely enough related to or integrated with the production of goods for commerce or the engagement in commerce. For this reason the erection, maintenance or repair of dwellings, apartments, hotels, churches and schools are not covered projects.[15] Similarly the construction of a separate, wholly new, factory building, not constructed as an integral part or as an improvement of an existing covered production plant, is not covered (Cf. § 776.27(c)). Coverage of any construction work, whether new or repair work, depends upon how closely integrated it is with, and how essential it is to the functioning of, existing covered facilities. Neither the mere fact that the construction is “new construction” nor the fact that it is physically separated from an existing covered plant, is determinative. Moreover, the court decisions make it clear that the construction project itself need not be actually employed in commerce or in the production of goods for commerce during the time of its construction in order to be covered.[16] Such factors may be considered in determining whether as a practical matter the work is directly and vitally related to the functioning of the covered facility but would not be decisive.

###### Footnotes -
  776.26

[15] Cf. § 776.18(b).

[16] *Mitchell* v. *Vollmer,* ante; *Bennett* v. *V. P. Loftis Co.,* ante; *Mitchell* v. *Chambers Const. Co.,* 214 F. (2d) 515 (C.A. 10); *Walling* v. *McCrady Const. Co.,* ante; *Tobin* v. *Pennington-Winter Const. Co.,* 198 F. (2d) 334 (C.A. 5), certiorari denied, 345 U.S. 915.
EXHIBIT 23



Consent of Independent Registered Public Accounting Firm



The Board of Directors

Cybex International, Inc.:



We consent to the incorporation by reference in the registration statements on Form S-3 (Nos.
333-34309, 333-118475 and 333-114028) and on Form S-8 (Nos. 333-79899, 333-29045, 33-46109, 33-46110, 33-48124, 33-59947, 33-59945, 333-97379, 333-97377 and 333-125434) of Cybex International, Inc. of our report dated February 8, 2006, with
respect to the consolidated balance sheets of Cybex International, Inc. and subsidiaries as of December 31, 2005 and 2004, and the related consolidated statements of operations, stockholders equity and other comprehensive income (loss)
and cash flows for each of the years in the three-year period ended December 31, 2005, and the related financial statement schedule, which report appears in the December 31, 2005 annual report on Form 10-K of Cybex International, Inc.



/s/ KPMG LLP



|                          
|--------------------------
|Philadelphia, Pennsylvania
|March 24, 2006