alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-40497

Conference Calendar

 

JAMES L. SWEED,

Plaintiff-Appellant,

versus

TDCJ-ID, Board Policy Makers,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:96-CV-29

- - - - - - - - - -

August 22, 1996

Before KING, DUHÉ, and DeMOSS, Circuit Judges.

PER CURIAM:*

James L. Sweed, # 661010, appeals the dismissal of his civil

rights action brought pursuant to 42 U.S.C. § 1983. Sweed

contends that he was prejudiced by TDCJ-ID’s mail policy because

he had to prove that he had mailed his petition for rehearing in

a timely manner. We have reviewed the record and the district

court's opinion and find no reversible error. Sweed v. TDCJ

Board Members, C.A. No. 9:96cv29 (E.D. Tex. May 10, 1996). 
No. 96-40497

- 2 -

Further, we hold that this appeal is frivolous and dismiss it

accordingly. See 5th Cir. R. 42.2. 

Sweed previously has been warned by this court that he may

be sanctioned for filing further frivolous pleadings. 

Accordingly, Sweed is hereby BARRED from filing any pro se, in

forma pauperis, civil appeal in this court, or any pro se, in

forma pauperis, initial civil pleading in any court which is

subject to this court's jurisdiction, without the advance written

permission of a judge of the forum court; the clerk of this court

and the clerks of all federal district courts in this Circuit are

directed to return to Sweed, unfiled, any attempted submission

inconsistent with this bar. 

APPEAL DISMISSED AS FRIVOLOUS; SANCTION IMPOSED.
#### Nantz v. Hurst.

(Decided October 26, 1915.)

Appeal from Owsley Circuit Court.

Contracts- — Interest on Purchase of Land — When Not Usurious.— Where, on a purchase of land, the vendee agrees to pay as part of the purchase price a rate of interest on deferred payments-exceeding the legal rate, the contract is not usurious.

H. C. EVERSOLE for appellant.

E. E. HOGG for appellee.

Opinion op the Court by

Judge Nunn

Reversing.

In this action to recover on a note executed in consideration for a conveyance of land, and to enforce a. purchase money lien for the payment thereof, the court-erred in adjudging that the stipulated interest in excess of 6% was usurious. In the meaning of the statute it was. *397not a transaction for the loan or forbearance of money. Gruell v. Smalley, 1 Duvall, 358; Tousey v. Robinson, 1 Met., 663; Eddy v. Northup, 15 Ky. L. R., 434 ; 23 S. W., 3531; McCann’s Exr. v. Bell, 79 Ky., 113; Watts v. National Building & Loan Assn., 102 Ky., 29 Berry v. Walker, 9 B. Mon., 464.

The judgment is reversed with directions to enter judgment for the amount of the-note and interest suedL on, and enforce the lien on the land described in the; judgment.
OVEC & Sierra Club 

Regina Hendrix 

65 Bradford Court 

Charles Town, WV 25414-4208 

H:304-725-0223 

C:304-590-4943 

regina.hendrixCQ?comcast.net 
EPA PUBLIC HEARING, 29 JULY 2014, 1:30 P.M. 

Good afternoon, my name is Regina Hendrix. I was born in the Kanawha Valley in 

Southern WV into a family of eight. Six of my family members have had cancer. Through 

the years numerous friends and relatives have suffered with cancer, asthma and other 

maladies brought on by the poisoned water and air in the coalfields. I became so concerned 

about the pollution from chemicals and the extractive industries that I left the area in 2009 

and came to live in the Eastern Panhandle. 

As a West Virginian living in the Panhandle I'm free of the polluted air and water; however, 

I'm not free of paying the price of clean up for our extractive industries which are being 

allowed to externalize the costs of mining. The cost of mining is being passed onto 

taxpayers because there is insufficient bond put up by the companies at permit time. The 

companies then spin off their subsidiaries into separate entities. When the coal is gone the 

company is bankrupt. They forfeit the bond and leave a large clean up bill for the taxpayer. 

Many of these sites will belch out selenium, mercury and all forms of acid drainage in 

perpetuity. 

In 1940's WV there were 130,000 coal mining jobs. Today there are 19,000 mining jobs. 

When I left So. WV in the 1950's there were 83,000 people living in Charleston. When I 

returned in the 1990's there were just over 50,000 people. The tonnage of coal being 

removed was way up but people were leaving the area and the economy was in shamblps. 

The extractive industries have taken a big toll on my home state. Mountaintop removal 

mining has not only sickened our citizens, but it has cost us jobs because the coal is removed 

with heavy machinery operated by a few surface workers. 

To destroy the mountains and poison the water desecrates creation. Since God made all of 

creation good, raping the land and poisoning the water becomes a direct assault on the Godgiven goodness of creation. It becomes its own special form of blasphemy. Recently the 

water supply for 300,000 people was poisoned by the coal cleaning compound MCMH. You 

might ask why were 300,000 people all on the same water system. The answer is because 

the wells in the southern counties have been poisoned. The taxpayer paid the price to 

furnish city water to the southern counties and then we poisoned these same citizens with 

our city water. 

This EPA rule means we finally do something serious to control greenhouse gases. It will 

save thousands of lives and is justified by the health benefits alone. We can help bring 

prosperity back to WV with the jobs created by our investment in energy efficiency and 

renewables.
IF YOU THINK YOU’RE TOO OLD TO 

WORRY ABOUT HIV/AIDS, THINK AGAIN. 

HIV risk doesn’t stop at 50. In fact, men and 

women over age 50 account for 17 percent of all 

new HIV and AIDS diagnoses in the 40 states that 

have long-term confidential name-based reporting. 

Every 10 minutes someone in the United States is 

infected with HIV. Make sure it’s not you. 

RISK DOES NOT DIMINISH WITH AGE. 

You’re at risk if you don’t use a condom when having sex with a man or a woman who has HIV. Oral 

sex also carries a risk of infection. The risk can be 

especially high for women with age-related vaginal 

thinning and dryness that can lead to tears in the 

vaginal area.

Many older adults find it awkward to talk to a new 

partner about their sexual history and HIV, and most 

don’t discuss sex with their doctors at all. That’s a 

risk you don’t have to take.

• Before having sex with a new partner, 

discuss your HIV status. You both have a 

right to know. 

• Ask your health care provider for an HIV 

test if you are having unprotected sex or 

injecting drugs. Medicare covers it. If you 

are a man who has had sex with other men, 

get tested at least once a year. If you are a 

woman, get tested whenever you have a 

new sex partner. 

• Get tested before engaging in sex with a 

new partner, and be sure your partner has 

been tested for HIV too.

• Protect yourself. If you have multiple 

partners, use a latex condom and lubricant 

every time you have sex. Avoid contact 

with another person’s blood, and be sure to 

never share or reuse needles. 

• Be alert to possible symptoms. HIV can go 

undetected in older people because the 

illnesses associated with it—such as weight 

loss, pneumonia, fatigue, confusion, and 

vision problems— also occur more 

frequently with age. 

For more information about HIV and 

AIDS, visit http://www.AIDS.gov or 

http://www.ACTAGAINSTAIDS.org. To find 

an HIV testing site near you, go to

http://www.HIVTest.org or call 1-800-CDCINFO

For more information about ACL

U.S. Department of Health and Human Services, 

Administration for Community Living, 

Washington DC 20201

Phone: (202) 619 – 0724

Fax: (202) 357 – 3555

Email: ACLinfo@acl.hhs.gov

Web: http://www.aoa.gov

HIV: Know the RISKS. Get the FACTS.
#### § 127.1209 Respiratory protection.

Each waterfront facility handling LHG must provide equipment for respiratory protection for each employee of the facility in the marine transfer area for LHG during the transfer of one or more of the following toxic LHGs; anhydrous ammonia, chlorine, dimethylamine, ethylene oxide, methyl bromide, sulphur dioxide, or vinyl chloride. The equipment must protect the wearer from the LHG's vapor for at least 5 minutes.
§ 104.115 Compliance. ( a ) Vessel owners or operators must ensure their vessels are operating in compliance with this part.
( b ) Owners or operators of foreign vessels must comply with the following— ( 1 ) Vessels subject to the International Convention for Safety of Life at Sea, 1974, (SOLAS), Chapter XI-1 or Chapter XI-2, must carry on board a valid International Ship Security Certificate that certifies that the verifications required by part A, Section 19.1, of the International Ship and Port Facility Security (ISPS) Code (Incorporated by reference, see § 101.115 of this subchapter) have been completed. This includes ensuring that the vessel meets the applicable requirements of SOLAS Chapter XI-2 (Incorporated by reference, see § 101.115 of this chapter) and the ISPS Code, part A, having taken into account the relevant provisions of the ISPS Code, part B, and that the vessel is provided with an approved security plan.
( 2 ) Vessels not subject to SOLAS Chapter XI-1 or Chapter XI-2, may comply with this part through an Alternative Security Program or a bilateral arrangement approved by the Coast Guard. If not complying with an approved Alternative Security Program or bilateral arrangement, these vessels must meet the requirements of paragraph (b) of this section.
( c ) By August 23, 2018, owners and operators of vessels subject to this part must amend their Vessel Security Plans to indicate how they will implement the TWIC requirements in this subchapter. By August 23, 2018, owners and operators of vessels subject to this part must operate in accordance with the TWIC provisions found within this subchapter.
[USCG-2003-14749, 68 FR 60513, Oct. 22, 2003, as amended by USCG-2004-18057, 69 FR 34925, June 23, 2004; USCG-2004-19963, 70 FR 74669, Dec. 16, 2005; USCG-2006-25150, 71 FR 39208, July 12, 2006; USCG-2006-24196, 72 FR 3579, Jan. 25, 2007; 73 FR 25565, May 7, 2008; USCG-2007-28915, 81 FR 57710, Aug. 23, 2016]
A Liquid-Phase Quartz Crystal Microbalance for Photovoltaics Research

Craig L. Perkins and Xiaonan Li

National Renewable Energy Laboratory, Golden, CO 80401

NREL/PR-520-43324

Presented at the 33rd IEEE Photovoltaic Specialist Conference held May 11-16, 2008 in San Diego, California
EVBM - EF

hν-Φ

STF 140 cluster tool: PES/AES/MS/LQCM

Photoemission

SEM C

Co OO

AES mapping &

spectroscopy

controlled ambient 

transfer, QCM, 

chemical growth, 

etching, & modification

M. Law et al. “The Structural, Optical and Electrical Properties of PbSe 

Nanocrystal Solids Treated Thermally and with Simple Amines”, J. Am. 

Chem. Soc.,(2008) ASAP article.

J.M. Luther et al.,“The Structural, Optical, and Electrical Properties of SelfAssembled Films of PbSe Nanocrystals Treated with 1,2-ethanedithiol”, ACS 

Nano, 2 (2008) 271-280.

G. Teeter, “X-ray and ultraviolet photoelectron spectroscopy measurements

of Cu-doped CdTe(111)-B: Observation of temperature-reversible CuxTe

precipitation and effect on ionization potential”, J. Appl. Phys., 102 (2007) 

034504.
QCM-Based Flow Reactor Schematic

q q

L L f f

π μ ρ

η ρ

⋅ ⋅

⋅ ∆ = − 3 / 2

K. K. Kanazawa and J. G. Gordon, Analytica Chimica Acta 175, 99 (1985).
NH4Cl: Using an Etchant as a Probe of ZnO-molecule Interactions

P O

O O

P O

O O

P O

O O

H

H

H

4 Hz → 2.6 x 1014 mol·cm-2,

or 0.24 monolayer.
QCM Thickness Data for CdS Chemical Depositions

Typical Bath Process Flow-Growth

pump speed (rpm)
Deposition Rates as f(flow, [reactants])
Flow-Rate Dependent Morphology

of Chemically Grown CdS Films

Film thickness = 0.4 μm

Tgrowth = 63 oC

0.083 ml/s

2 μm

0.13 ml/s

2 μm

0.042 ml/s

2 μm
Summary

Construction of a new QCM-based flow reactor has been completed

Initial results include:

 Stable oscillation achieved with crystals sputter coated at 200 oC with 500 nm ZnO

 Sub-Hz noise level means << monolayer sensitivity

 Operation at elevated temperature possible after installation of membrane contactors

 Determination of ZnO etch rates using dilute ethanolic NH4Cl

 Demonstration of use of an etchant as a probe of oxide-molecule interactions.

 Use in flow rate-dependent CdS chemical deposition

Acknowledgments:

Xiaonan Li, Sally Asher, Glenn Teeter, Pete Sheldon

This work was supported by the U.S. Department of Energy under Contract No. DE-AC36-99GO10337 with the National Renewable Energy Laboratory. 
Contact Information:

Craig L. Perkins

National Renewable Energy Laboratory

1617 Cole Blvd., MS 3215

Golden, CO 80401 USA

(303) 384-6659 [office]

(303) 384-6564 [lab]

(303) 384-6604 [fax]

craig_perkins@nrel.gov
#### § 503.26 Civil money penalties—payment and collection.

Where a civil money penalty is assessed in a final order by the Administrator, WHD, by an ALJ, or by the ARB, the amount of the penalty must be received by the Administrator, WHD within 30 calendar days of the date of the final order. The person assessed the penalty will remit the amount ordered to the Administrator, WHD by certified check or by money order, made payable to the Wage and Hour Division, United States Department of Labor. The remittance will be delivered or mailed to the WHD Regional Office for the area in which the violations occurred.
#### In the Matter of Robert Festa, Respondent, v Board of Education of the South Orangetown Central School District et al., Appellants, and Sandra Kop, Respondent.

Submitted March 11, 1996;

decided June 5, 1996

Motion for leave to appeal dismissed upon the ground that movants have failed to demonstrate that the nonfinal order sought to be appealed from is appealable pursuant to CPLR 5602 (a) (2).
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.938 Waccamaw River.

The draw of the Waccamaw Coast Line Railroad bridge, mile 44.4 at Conway, shall open on signal; except that from 8 a.m. to 6 p.m. Monday through Friday, the draw shall open on signal if at least one hour notice is given.

[CGD7-90-80, 56 FR 1491, Jan. 15, 1991]
EXHIBIT 32



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 AmSouth Bancorporation (the Company) on Form 10-Q for the quarter ending September 30, 2005 (the Report), I, C. Dowd Ritter, Chief Executive Officer of the Company, and
Beth E. Mooney, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |  |  |                        
|----------------------- |  |  |  | -----------------------
|                        |  | 
|/s/    C. DOWD RITTER   |  |  |  | /s/    BETH E. MOONEY  
|C. Dowd Ritter          |  |  |  | Beth E. Mooney         
|Chief Executive Officer |  |  |  | Chief Financial Officer



November 8, 2005



A signed original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been provided to AmSouth Bancorporation and will be retained by
AmSouth Bancorporation and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                   Exhibit 10(x)



                             AMENDMENT OF AGREEMENT


      Reference is made to an Agreement (the "Agreement") dated as of August
17, 2001 among Lynch Corporation (the "Company"), Ralph R. Papitto ("Mr.
Papitto") and Mario J. Gabelli ("Mr. Gabelli").

      WHEREAS, the parties to the Agreement wish to amend it to terminate
certain of their respective obligations thereunder.

      NOW, THEREFORE, in consideration of the premises and the mutual agreements
contained herein, the parties agree as follows:

1.    Sections 2, 5, 6 and 7 of the Agreement shall be, and they hereby are,
deleted therefrom, and the parties shall have no further obligations under or in
respect of said Sections 2, 5, 6 and 7. The parties acknowledge and agree that
this Amendment terminates the Company's obligation to grant the Option (as
defined in Section 2 of the Agreement) which was intended to be granted to Mr.
Papitto but which had not been accepted by Mr. Papitto or submitted to the
shareholders of the Company for their approval.

2.    All other terms and provisions of the Agreement are hereby ratified and
confirmed.

      IN WITNESS WHEREOF, the parties have signed this Amendment as of this 7th
day of February, 2002.


                                          /s/  RALPH R. PAPITTO
                                               ----------------
                                                RALPH R. PAPITTO


                                          /s/  MARIO J. GABELLI
                                               ----------------
                                                MARIO J. GABELLI


                                          LYNCH CORPORATION


                                          By:   /s/  RAYMOND H. KELLER
                                                     -----------------
                                                      RAYMOND H. KELLER
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

EVAN S. GUTMAN,

Appellant,

v.

CITIBANK, N.A.,

Appellee.

No. 4D22-2821

[July 20, 2023]

Appeal from the County Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Edward A. Garrison, Judge; L.T. Case No. 

502020CC005756.

Evan S. Gutman, Boca Raton, pro se.

Donald A. Mihokovich of Adams and Reese, LLP, Tampa, for appellee.

PER CURIAM.

Affirmed.

GROSS, GERBER and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-18-00968-CV

IN THE ESTATE OF Patricia M. RIPLEY, Deceased

From the Probate Court No. 2, Bexar County, Texas

Trial Court No. 2018-PC-1990

Honorable Tom Rickhoff, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE MARTINEZ, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the judgment of the trial court is 

AFFIRMED. It is ORDERED that appellees Robert Ripley and Mary Guzman recover their costs 

of this appeal from appellant John Ripley.

SIGNED September 4, 2019.

_____________________________

Sandee Bryan Marion, Chief Justice
****Exhibit 32.3****

****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 on Form 10-K of Madison  Gas and Electric Company for the period ended December 31, 2003, as filed  with the Securities and Exchange Commission on the date hereof ("the Report"),  I, Gary J. Wolter, 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/ Gary J. WolterChairman, President and Chief  Executive OfficerDate: March 15, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             716
<SECURITIES>                                         0
<RECEIVABLES>                                   16,841
<ALLOWANCES>                                       786
<INVENTORY>                                     12,290
<CURRENT-ASSETS>                                31,158
<PP&E>                                          41,359
<DEPRECIATION>                                  26,752
<TOTAL-ASSETS>                                  49,748
<CURRENT-LIABILITIES>                           18,290
<BONDS>                                         11,724
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            44
<OTHER-SE>                                      19,362
<TOTAL-LIABILITY-AND-EQUITY>                    49,748
<SALES>                                         62,366
<TOTAL-REVENUES>                                62,366
<CGS>                                           33,476
<TOTAL-COSTS>                                   33,476
<OTHER-EXPENSES>                                21,418
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 751
<INCOME-PRETAX>                                  6,721
<INCOME-TAX>                                     1,955
<INCOME-CONTINUING>                              4,766
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,766
<EPS-BASIC>                                       1.85
<EPS-DILUTED>                                     1.81


</TABLE>
<PAGE>

                                                                    EXHIBIT 99.1

                            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 Gencor Industries, Inc. (the "Company")
on Form 10-K for the fiscal year ending September 30, 2002 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. 1350, as
adopted pursuant to 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
materials respects, the financial condition and results of operations of the
Company.




/s/ E.J. Elliott
---------------------------------------
E.J. Elliott
Chairman and President
December 26, 2002




/s/ Scott W. Runkel
---------------------------------------
Scott W. Runkel
Chief Financial Officer
December 26, 2002