alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 7446** 

ROBERT W. GAYNOR , Petitioner

- Appellant ,
v. EDSEL TAYLOR, Warden , Respondent

- Appellee
.

Appeal from the United States District Court for the District of South Carolina , at Rock Hill
. Margaret B. Seymour , Chief District Judge. ( 0:10

- cv - 02724

- MBS )

Submitted : February 16, 2012 Decided: February 22, 2012

Before SHEDD, KEENAN, and WYNN , Circuit Judges.

Dismissed by un published per curiam opinion
. Tara Dawn Shurling, Columbia, South Carolina, for Appellant. Donald John Zelenka, Deputy Assistant Attorney General, Alphonso Simon, Jr., Assistant Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Robert W. Gaynor seeks to appeal the district court ’ s order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit just ice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (A) (2006) . A certificate of appealability will not issue absent “ a substantial showing of the denial of a constitutional right. ” 28 U.S.C. § 2253(c)(2) (2006)
. When the dist rict court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2 000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable cla im of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Gaynor has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials3 before the court and argument would not aid the decisional
process. DISMISSE D
Exhibit 10.1


 


May 4, 2012


 


Burris Logistics


Attn: Donnie R. Burris


501 S.E. 5th Street


Milford, DE 19963


Tel: (302) 839-5120


 


		Re:	Supply and Service Agreement dated January 26, 2007, as further amended and subsequently renewed
pursuant to a Renewal Agreement dated October 28, 2011, (“Agreement”) between The Fresh Market, Inc. (“TFM”)
and Burris Logistics (“Burris”)



 


Dear Donnie:


 


With respect to the second Burris facility
(the “Northeast Facility”), the parties agree as follows:


 


		·	The Northeast Facility referenced in Section 2 of the Agreement
shall be located at [***].



 


		·	Exhibit B-1 to the Agreement shall be deleted in its entirety
and replaced with the Exhibit B-1 attached hereto.



 


Except as otherwise provided in this letter,
the terms, conditions and agreements contained in the Agreement shall continue in full force and effect and shall be binding upon
and inure to the benefit of the parties hereto, their heirs, successors and assigns and the Agreement is hereby ratified, reaffirmed
and confirmed by the parties as herein stated.


 


Sincerely,


 


THE FRESH MARKET, INC.


 


	Signature:	/s/ Craig Carlock	 
	 	 	 
	Name:	Craig Carlock	 
	 	 	 
	Title:	President & CEO	 


 


 


Consented and Agreed to:


 


BurRis
Logistics


 


	Signature:	/s/ Donnan R. Burris	 
	 	 	 
	Name:	Donnan R. Burris	 
	 	 	 
	Title:	CEO	 


 


 


Portions marked [***] have been omitted pursuant to a Confidential
Treatment Request by The Fresh Market, Inc. This information has been filed separately with the Securities and Exchange Commission.



    	 



    	 	



    



Exhibit B-1


 


Product Case Upcharge Table


 


 


For purposes of this Agreement, the following volume/case upcharge
amounts shall be used in calculating TFM’s Case Upcharge.


 


Net Cost Per Case to TFM – GA Facility Only


 


	
        Volume

        (Measured in Semi-Annual [26 Week] Periods)
	 	Cost per Case
	[***]	 	[***]
	[***]	 	[***]
	[***]	 	[***]
	[***]	 	[***]
	[***]	 	[***]


 


Net Cost Per Case to TFM – Once the GA Facility and Northeast
Facility are Both Fully Operational (after the Transition Period)


 


 


	Total Volume Shipped From Both Facilities 
(Measured in Semi-Annual [26 Week] Periods)	 	Cost per Case from GA Facility	 	Cost per Case from Northeast Facility
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]
	[***]	 	[***]	 	[***]



 


 





 


Portions marked [***] have been omitted pursuant to a Confidential
Treatment Request by The Fresh Market, Inc. This information has been filed separately with the Securities and Exchange Commission.
[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Notices]
[Page 34470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13339]



[[Page 34470]]

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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States. 
Additional information on all bank holding companies may be obtained 
from the National Information Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than June 23, 2000.
    A. Federal Reserve Bank of Philadelphia (Michael E. Collins, Senior 
Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-
1521:
    1. Fulton Financial Corporation, Lancaster, Pennsylvania; to 
acquire 100 percent of the voting shares of, and merge with Skyland 
Financial Corporation, Hackettstown, New Jersey, and thereby indirectly 
acquire voting shares of Skylands Community Bank, Hackettstown, New 
Jersey.

    Board of Governors of the Federal Reserve System, May 23, 2000.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 00-13339 Filed 5-26-00; 8:45 am]
BILLING CODE 6210-01-P
Exhibit 10.11 - May 30, 2012 Consent of Stockholders in Lieu
of Meeting

CONSENT OF STOCKHOLDERS IN LIEU OF MEETING

Pursuant to Article I, Section 1.11 of the Bylaws of PyroTec,
Inc. (the "Corporation"), a Delaware corporation and successor in
interest to Accelerated Acquisition XV, Inc. and pursuant to
Delaware General Corporation Laws Section 222, the shareholders
constituting a majority of the issued and outstanding shares of
common stock in the Corporation, hereby execute the following
resolutions:

1. Article FOURTH of the Certificate of Incorporation dated
October 21, 2011, and as amended on April 11, 2012, shall be as
follows: "The total number of shares of stock which the
corporation is authorized to issue is 200,000,000 shares of
common stock having a ($0.0001) par value and 10,000,000 shares
of preferred stock having a ($0.0001) par value."

2. Article SEVENTH of the Certificate of Incorporation dated
October 21, 2011, and as amended on April 11, 2012, shall be as
follows: "The name and address of the director of the corporation
is Jon Dyer c/o PyroTec, Inc., 125E Wappoo Creek Drive, Suite
202A, Charleston, South Carolina 29412."

3. John Burns, as President of the Corporation is hereby
authorized to execute the Certificate of Second Amendment to
Certificate of Incorporation.

3. Any and all prior actions of the Board of Directors are
approved and ratified.

This consent is executed as of May 30, 2012.

RESOLVED:

/s/ D. Geno Brunton

World Venture Group, Inc.

Shareholder

Geno Brunton

Authorized Signator
|   | (1) | the                Report fully complies with the requirements of Section 13(a) 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                as of the dates and for the periods covered by the Report. |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| February                11,                2008 | /s/                Michael W.                Dosland          |
|-------------------------------------------------|---------------------------------------------------------------|
| Date                                            | Michael                W. Dosland                             |
|                                            | President                and Chief Executive Officer          |
|                                            |                                                          |
|                                            |                                                          |
| February                11,                2008 | /s/                Michael S.                Moderski         |
| Date                                            | Michael                S. Moderski                            |
|                                            | Senior                Vice President, Chief Financial Officer |
|                                            | and                Treasurer                                  |
|                                            |                                                          |
Exhibit 32.1

CERTIFICATIONS 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 Lydall, Inc. (the Company) on Form 10-K for the
period ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned officers 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 to our 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 operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

The foregoing certifications are accompanying the Form 10-K solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of Section 1350, chapter 63 of title 18, United States Code) and are not being filed as a part of this Form 10-K or as a separate disclosure document.



|               |  |                                                      
|-------------- |  | -----------------------------------------------------
|March 12, 2009 |  | /s/ Dale G. Barnhart                                 
|               |  | Dale G. Barnhart                                     
|               |  | President and Chief Executive Officer                
|               | 
|March 12, 2009 |  | /s/ Thomas P. Smith                                  
|               |  | Thomas P. Smith                                      
|               |  | Vice President, Chief Financial Officer and Treasurer
[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Notices]
[Pages 34504-34505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13422]


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

NATIONAL SCIENCE FOUNDATION


Special Emphasis Panel in Engineering Education and Centers; 
Revised Notice of Meeting

    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).

[[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
(75 South. 1006)

#### KING v. STATE.

(8 Div. 492.)

(Court of Appeals of Alabama.

May 29, 1917.)

Appeal from Cireuit Court, Jackson County;' W. W. Haralson, Judge.

W. D. Martin, Atty. Gen., for the State.

PER CURIAM.

Appeal dismissed.
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Home                 > Browse by Title > Summary: The Effects of Labor Legislation on the Employment Opportunities of Women

              																	United States. Women's Bureau. 						*Summary: The Effects of Labor Legislation on the Employment Opportunities of Women : Women's Bureau Bulletin, No. 68*,												Washington: 								Govt. Print. Off., 										1928,									https://fraser.stlouisfed.org/title/5377,			accessed on September 25, 2024.						    

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Exhibit 32.2



CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with Amendment No. 2 of the Quarterly Report of China Broadband Corp. (the "Company") on Form 10-QSB for the period ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas Milne, Chief Financial Officer, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: November 19, 2003 | By: | /s/ THOMAS MILNEName:	Thomas Milne
Title:	Chief Financial Officer (Principal Financial Officer)
|----------------------- | --- | -----------------------------------------------------------------------------------------------
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. 08-41091

Summary Calendar

BOBBY LUCKY,

Plaintiff-Appellant

v.

KELLI WARD; RICHARD A. TRINCI, JR.; CHUMA ANADUAKA;

KATHRYN A. BELL; DR. BRUCE SMITH; JANE DOE

Defendants-Appellees

Appeal from the United States District Court

for the Southern District of Texas

Lower Docket Number 3:05-CV-166

Before. JOLLY, WIENER, and ELROD, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant Bobby Lucky, Texas prisoner # 1048046, proceeding

pro se and in forma pauperis, appeals the district court’s grant of summary

judgment in favor of Appellees, denying Lucky’s claims for relief and dismissing

his lawsuit. We have carefully reviewed the record on appeal, including the

briefs of the parties and the rulings of the district court, as a result of which we

United States Court of Appeals

Fifth Circuit

F I L E D

October 28, 2009

Charles R. Fulbruge III

Clerk
No. 08-41091

2

are convinced that the judgment of the district court, its rulings and orders,

should be, and hereby are, in all respects,

AFFIRMED.
<PAGE>   1


                                                                      EXHIBIT 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Marsh Supermarkets, Inc. of our report dated May 18, 2001, included in the
2001 Annual Report to Shareholders of Marsh Supermarkets, Inc.

We also consent to the incorporation by reference in Registration Statement
Number 33-33427 on Form S-8 of the Marsh Supermarkets, Inc. 1987 Stock Option
Plan, dated February 12, 1990, Registration Statement Number 33-56630 on Form
S-8 of the 1991 Employee Stock Incentive Plan, dated December 31, 1992,
Registration Statement Number 33-56624 on Form S-8 of the 1992 Stock Option Plan
for Outside Directors, dated December 31, 1992, Registration Statement Number
33-56626 on Form S-8 of the Marsh Supermarkets, Inc. 401(k) Plan, dated December
31, 1992, Registration Statement Number 333-64321 on Form S-8 of the Outside
Directors Stock Plan, the Marsh Supermarkets, Inc. 1998 Stock Incentive Plan and
the Executive Stock Purchase Plan, dated September 25, 1998, and Registration
Statement 333-64343 on Form S-8 of the Marsh Deferred Compensation Plan, dated
September 25, 1998, of our report dated May 18, 2001, with respect to the
consolidated financial statements incorporated by reference in the Annual Report
(Form 10-K) of Marsh Supermarkets, Inc. for the year ended March 31, 2001.


                                                          Ernst & Young LLP
Indianapolis, Indiana
June 28, 2001
Exhibit  99.4


                            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 Starberrys Corporation on Form 10-QSB
for  the period ending March 31, 2004, as filed with the Securities and Exchange
Commission  on  the  date hereof (the "Report"), I, Mary Hethey, Chief Financial
Officer  and  Secretary Treasurer 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,  to  the  best  of  my  knowledge  and  belief:

     (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/  "Mary  Hethey"
                                      -------------------
                                        Mary  Hethey
                               Chief  Financial  Officer  and
                                   Secretary  Treasurer

Date: