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

________________ _________________ SHAUN E. TODD, Plaintiff - Appellant,

v. COMMISSIONER, SSA, Defendant - Appellee. No. 20-7043 (D.C. No. 6:18-CV -00354-RAW-KEW) (E.D. Okla.)

________________ _________________ ORDER AND JUDGMENT *

________________ _________________ Before MATHESON , BACHARACH , and PHILLIPS , Circuit Judges.

________________ _________________ This matter is before the court on the parties’ Joint Motion for Vacatur and
Remand to the District Court . Upon careful considerati on, the joint motion is GRANTED. The district court’s judgme nt is VACATED, and this matter is REMANDED for further procee dings consistent with the Supreme Court’s intervening
decision in Carr v. Saul , 141 S. Ct. 1352 (2021).
The mandate shall issue forthwith.
Entered for the Court

Per Curiam

* This order and judgment is not binding precedent, exce pt under the doctrines of law of the case, res judicata, and collateral es toppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### May 25, 2021 Christopher M. Wolpert Clerk of Court
<PAGE>
                                                                    EXHIBIT 23.1



               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS



We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-51590) pertaining to the America Online Latin America, Inc. 2000
Stock Plan of our report dated February 3, 2003 (except for the last paragraph
of Note 12, as to which the date is February 17, 2003), with respect to the
consolidated financial statements of America Online Latin America, Inc. included
in this Annual Report (Form 10-K/A) for the year ended December 31, 2002.


                                                     /s/Ernst & Young LLP

Ft. Lauderdale, Florida
April 3, 2003
## In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

No. 06

- 12

- 00073

- CR

BILLY JOE SMITH, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 8th District Court

Hopkins County, Texas

Trial Court No. 0518110

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley2 

### MEMORANDUM OPINION

Billy Joe Smith was on deferred adjudication community supervision for the offense of

aggravat ed sexual assault of a child. The State filed a motion for adjudication and revocation,

alleging that Smith failed to pay fees, fines, and costs assessed as part of his s upervision and that

he violated the terms and conditions of his supervision by being in the direct presence of or

having personal contact with children. The trial court found the allegations true

, adjudicated him

guilty, and sentenced him to life in priso n.

Based on the reasoning and analysis in our opinion in cause number 06

- 1 2

- 00 0 6 5

- CR,

issued on even date herewith , we overrule Smith ’s points of error

.

We affirm the trial court’s judgment and sentence.

Bailey C. Moseley

Justice

Date Submitted: January 10, 2013

Date Decided: January 23 , 2013

Do Not Publish
Virtual Cooking Demo Checklist 

for the Registered Dietitian

This document is supplemental to the Virtual 

Cooking Demo Videos. Please reference the 

videos for further details.

In-Advance Preparation:

Select the date

Select the recipe

Assign creation of the flyer

Review flyer

Distribute flyer

Assign researching information

Review information

Assign recipe card

Review recipe card

Watch past demos

1-2 Days Before Demo:

Write the recipe

Write announcement points

Make a shopping list

Purchase ingredients

Remove clutter in your background

Do a rehearsal - practice positioning, 

background, lighting, WiFi, etc.

Do a test run

Take photos of the final product to add to the 

recipe card

Morning of Demo:

Charge all devices being used

Organize kitchen

Prep ingredients and set out nonperishables

Set up devices containing cameras, adjust 

positioning

Disable sound notifications

Prevent audio feedback/echo

Set out perishable ingredients

Log into the Zoom meeting early

Conducting the Demo:

Be mindful of self

Tell moderator to initiate recording

Introduce staff

Give credit to others

Save the date

Announce other services

Moderator announcement

Introduce the recipe

Reminder: Wash hands

Pause for questions

Address the why

Define recipe terms

Hold up the ingredients throughout the 

demo

Wrapping up the recording.

Save the date

Recipe ideas

Other services

ACL credit

Live interaction

Goodbyes

Post-Cooking Demo Tasks:

Clean up

Export attendance report

Distribute the recording

Lessons learned

This project was supported in part by grant number 90PPNU0002 from the U.S. Administration for Community Living, Department of 

Health and Human Services, Washington, D.C. 20201. Grantees undertaking projects with government sponsorship are encouraged to 

express freely their findings and conclusions. Points of view or opinions do not, therefore, necessarily represent official ACL policy.
(LOGO)ERNST & YOUNG
Ernst & Young LLP
1300 Huntington Building
925 Euclid Avenue
Cleveland, Ohio 44115-1405
Phone: (216) 861-5000
www. ey. com


Report on Management's Assertion on Compliance
with Minimum Servicing Standards Set Forth in the
Uniform Single Attestation Program for Mortgage Bankers

Report of Independent Accountants


Board of Directors

National City Mortgage Co.

We have examined  management's  assertion,  included in the accompanying  report
titled Report of Management, that National City Mortgage Co. (NCM) complied with
the minimum servicing standards set forth in the Mortgage Bankers Association of
America's Uniform Single Attestation  Program for Mortgage Bankers (USAP) during
the year ended December 31, 1999. Management is responsible for NCM's compliance
with  those  requirements.  Our  responsibility  is to  express  an  opinion  on
management's assertions about NCM's compliance based on our examination.

Our  examination  was  made in  accordance  with  standards  established  by the
American  Institute of Certified Public Accountants and,  accordingly,  included
examining,  on  a  test  basis,  evidence  about  NCM's  compliance  with  those
requirements and performing such other procedures as we considered  necessary in
the circumstances.  We believe that our examination  provides a reasonable basis
for our opinion. Our examination does not provide a legal determination on NCM's
compliance with specified requirements.

In  our  opinion,   management's   assertion,   that  NCM   complied   with  the
aforementioned  requirements  during the year ended December 31, 1999, is fairly
stated, in all material respects.

This  report  is  intended  solely  for the  information  and  use of the  audit
committee,  management, Federal Home Loan Mortgage Corporation, Federal National
Mortgage  Association,  Government National Mortgage Association and NCM private
investors and is not intended to be and should not be used by anyone other than
these specified parties.

February 3, 2000

Ernst & Young LLP
Ernst & Young LLP is a member of Ernst & Young International, Ltd.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4794 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                H. R. 4794

_______________________________________________________________________

                                 AN ACT

 
 To require the Secretary of the Interior to complete a resource study 
    of the 600 mile route through Connecticut, Delaware, Maryland, 
 Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, and 
 Virginia, used by George Washington and General Rochambeau during the 
                      American Revolutionary War.

    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 ``Washington-Rochambeau Revolutionary 
Route National Heritage Act of 2000''.

SEC. 2. STUDY OF THE WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE.

    (a) In General.--Not later than 2 years after the date on which 
funds are made available to carry out this section, the Secretary shall 
submit to the Committee on Energy and Natural Resources of the Senate 
and the Committee on Resources of the House of Representatives, a 
resource study of the 600 mile route through Connecticut, Delaware, 
Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Rhode 
Island, and Virginia, used by George Washington and General Jean 
Baptiste Donatien de Vimeur, comte de Rochambeau during the American 
Revolutionary War.
    (b) Consultation.--In conducting the study required by subsection 
(a), the Secretary shall consult with State and local historic 
associations and societies, State historic preservation agencies, and 
other appropriate organizations.
    (c) Contents.--The study shall--
            (1) identify the full range of resources and historic 
        themes associated with the route referred to in subsection (a), 
        including its relationship to the American Revolutionary War;
            (2) identify alternatives for National Park Service 
        involvement with preservation and interpretation of the route 
        referred to in subsection (a); and
            (3) include cost estimates for any necessary acquisition, 
        development, interpretation, operation, and maintenance 
        associated with the alternatives identified pursuant to 
        paragraph (2).

            Passed the House of Representatives October 23, 2000.

            Attest:

                                                                 Clerk.
106th CONGRESS

  2d Session

                               H. R. 4794

_______________________________________________________________________

                                 AN ACT

 To require the Secretary of the Interior to complete a resource study 
    of the 600 mile route through Connecticut, Delaware, Maryland, 
 Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island, and 
 Virginia, used by George Washington and General Rochambeau during the 
                      American Revolutionary War.
```
Test ID: 4-23-13 M-5 Run #1

Value

300.00

0.0000

200.00

Coke Plant

4A Weight of Acetone Blank (g)

Volume of Acetone Used in Blank (ml)

4/23/2013

Particulate Analysis Data

Volume of Acetone Used 2A (ml)
Test ID: 4-23-13 M-5 Run #1

Value

1.1144

0.84

20.9

0

28.836

28.7969803

0.003600933

544.5

547.2

29.8

60

1.69

1.067

29.8

240

1.35

150.466

11.9

29.76

0.181

0.00017868354

Value

155.5742631

63.94680

-14.4

-0.67781

26.3

1.240045

0.003601

0.058369

98.8723

Coke Plant

4/23/2013

Method 5 Parameter

p = Stack gas velocity pressure (avg. sqrt p - in. water)

Cp = Pitot tube calibration coefficient

Md = Stack gas dry molecular weight, (lb/lb-mole)

Ms = Stack gas (wet) molecular weight (lb/lb-mole)

Bws = Stack gas moisture content

% O2 in Gas Stream

%CO2 in Gas Stream

H@ = Orifice meter calibration factor, (in. water)

Y = Dry gas meter calibration factor

Pbar = Barometric pressure, (in. Hg)

Total sampling time required for test (min)

Tm = Absolute average dry gas meter temp (R).

Ts = Stack gas absolute average temperature (R)

Pm = Pressure at orifice meter (in. Hg)

Ta = Sampling site ambient temperature, (°F)

I = % Isokinetic variation

Air Test Calculations 

Havg = average orifice meter differential

Vm = Total sample volume from dry gas meter (dcf)

Vlc Volume collected

Ps = Absolute stack gas pressure (in Hg)

Vwc (std) = converted water volume 

Total silica gel catch (ml)

Vwsg (std) = converted silica gel water volume 

Bws = fraction of gas that is moisture

Vwc(std)

Nozzle diameter (in)

Area of Nozzle (ft^2)

Vm (std) = Volume of sample measured by DGM (dscf) 

Vs = Average stack gas velocity

Total impinger catch (ml)
Value

11.7

0.01170

155.57426

63.946799

547.2

29.8

9.62

0.0036009

2120665.7

21.99 Green Anode Processed Tons/Hr

Value

0.3513

8.4309

0.0160

Combined Method 5 Parameter and Analytical 

Coke Plant Emission Calculations 

4/23/2013

Air Test Final Results 

Total mg of Particulate

Total g of Particulate

Vm(std) Volume of Air Sampled by DGM (dscf)

Vs Average stack gas velocity

Ts Stack Gas Ro

Pbar Barometric Pressure During Test (in Hg)

Emission Rate of Particulate lb Particulate/hr

Emission Rate of particulate lb particulate/d

Pounds of Particulate per Ton green anode processed

Area of the Coke Scrubber (ft2)

Bws Moisture in Stack Emissions

Qstd Flow of Roof Vent Emissions (dscf/hr)
```

[House Report 111-87]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-87

======================================================================

 
   WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT TO 
  CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON 
                                 RULES

                                _______
                                

   April 27, 2009.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Mr. McGovern, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 365]

    The Committee on Rules, having had under consideration 
House Resolution 365, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution waives clause 6(a) of rule XIII (requiring a 
two-thirds vote to consider a rule on the same day it is 
reported from the Rules Committee) against certain resolutions 
reported from the Rules Committee. The rule applies the waiver 
to any resolution reported on the legislative day of April 28, 
2009, providing for consideration or disposition of a 
conference report to accompany the concurrent resolution (S. 
Con. Res. 13) setting forth the congressional budget for the 
United States Government for fiscal year 2010, revising the 
appropriate budgetary levels for fiscal year 2009, and setting 
forth the appropriate budgetary levels for fiscal years 2011 
through 2014.

                                  

```
Exhibit 10.31
                                  -------------

                        AMENDMENT TO EMPLOYMENT AGREEMENT
                        ---------------------------------

     THIS AMENDMENT TO EMPLOYMENT  AGREEMENT (the "AMENDMENT"),  effective as of
January 31, 2001, by and between AVID SPORTSWEAR, INC., a California corporation
(the "COMPANY"), and BARNUM MOW (the "EMPLOYEE").

                                    RECITALS
                                    --------

     A. The Company and the  Employee  are parties to an  Employment  Agreement,
dated as of September 17, 1999 (the "EMPLOYMENT  AGREEMENT"),  pursuant to which
the Employee serves as the President and Chief Executive Officer of the Company.

     B. As a result of the Company's  financial  performance for the fiscal year
ended December 31, 2000, the parties hereto have agreed to renegotiate and amend
certain terms of the Employment Agreement.

     C. The parties hereto desire to amend the Employment Agreement as set forth
herein.

     D. Section 3.16 of the  Employment  Agreement  provides that the Employment
Agreement  may be  modified  by an  agreement  in writing  between  the  parties
thereto.


                                    AGREEMENT
                                    ---------

     NOW,  THEREFORE,  for good and  valuable  consideration,  the  receipt  and
sufficiency  of  which is  hereby  acknowledged,  the  parties  hereto  agree as
follows:

     1.  PREAMBLE  AND  RECITALS;  DEFINED  TERMS.  The  preamble  and  recitals
hereinabove set forth are incorporated herein and made a part hereof.  Except as
otherwise  provided herein,  capitalized terms used in this Amendment shall have
the meanings ascribed thereto in the Employment Agreement.

     2. AMENDMENT TO EMPLOYMENT  AGREEMENT.  The Company and the Employee hereby
agree that the Employee  shall forfeit  1,200,000  shares of common  stock,  par
value $0.001 per share, of Avid Sportswear & Golf Corp.  granted to the Employee
on January 17, 2000 and that Section 4 of Exhibit A to the Employment  Agreement
shall be deleted in its entirety.



                           [Signature page to follow]






<PAGE>




     IN WITNESS  WHEREOF,  the  undersigned  have  caused this  Amendment  to be
executed as of the date first written above.

                                AVID SPORTSWEAR, INC.

                                By: /s/ Earl Ingarfield
                                    -------------------
                                    Earl Ingarfield,
                                    Chairman




                                   /s/ Barnum Mow
                                   --------------------
                                       Barnum Mow















                                       2
Exhibit 32(b)



CERTIFICATION OF PERIODIC REPORT



I, Mark F. Furlong, Chief Financial Officer of Marshall & Ilsley Corporation (the Company), certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to my knowledge:



| | (1) | the Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2003 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (14 U.S.C. 78m or 78o(d)); and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: March 9, 2004.



/s/ Mark F. FurlongMark F. FurlongChief Financial OfficerMarshall & Ilsley Corporation




This certification accompanies
this Annual Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by Marshall & Ilsley Corporation for purposes of the Securities Exchange Act of 1934.
/*
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Version: 7.8
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License: Themeforest Split Licence
License URI: -
Text Domain: Avada
*/

/* Classes needed by Theme Check */
.wp-caption-text,
.gallery-caption,
.bypostauthor {
}
**Exhibit 32(d)**

 

**CERTIFICATION**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

In connection with the accompanying Quarterly Report on Form 10-Q of Gulf Power Company for the quarter ended June 30, 2008, we, the undersigned, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of our individual knowledge and belief, that:

 

| (1)    | such Quarterly Report on Form 10-Q of Gulf Power Company for the quarter ended June 30, 2008, which this statement accompanies, 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 such Quarterly Report on Form 10-Q of Gulf Power Company for the quarter ended June 30, 2008, fairly presents, in all material respects, the financial condition and results of operations of Gulf Power Company. |

 

 

 

|   | /s/Susan N. Story

Susan N. Story

President and Chief Executive Officer

 

 

 

 

  |
|--------|------------------------------------------------------------------------------------------------------------------|
|   | /s/Philip C. Raymond

Philip C. Raymond

Vice President and Chief Financial Officer

                       |

 

 

Date:  August 6, 2008
AMENDMENT TO


EXECUTIVE EMPLOYMENT AGREEMENT 


This Amendment to Executive Employment
Agreement (“Amendment”) amends the Executive Employment Agreement between Geovic Mining Corp. and Barbara A. Filas
(“Executive”) effective as of 16 February, 2009 (“Agreement”), and is effective 31 March, 2012.


RECITALS


WHEREAS, the parties acknowledge the
Agreement may be amended by mutual written agreement of the parties thereto;


NOW THEREFORE, in consideration of the
mutual promises and undertakings contained herein, the sufficiency of which is acknowledged by the parties hereto, the parties
to this Amendment, intending to be legally bound, agree to amend the Agreement as follows:


AMENDMENT


A new Section 16 is hereby added
to the Agreement and reads as follows:


16.Section 409A.


Notwithstanding anything in this
Agreement to the contrary, if Executive is a ‘specified employee’ within the meaning of Section 409A(a)(2)(B)(i) of
the Internal Revenue Code of 1986, as amended (the ‘Code’) and would receive any payment sooner than six (6) months
after Executive’s ‘separation from service’ (as such term is defined for purposes of Section 409A of the Code)
that, absent the application of this Section 16, would be subject to additional tax imposed pursuant to Section 409A of the Code
as a result of such status as a specified employee, then such payment shall instead be payable on the date that is the earliest
of (i) the first business day following six (6) months after Executive’s separation from service, (ii) Executive’s
death, or (iii) such other date that would not subject such payment to additional tax imposed pursuant to Section 409A of the Code.
All payments deferred pursuant to the preceding sentence shall be paid in a lump sum to Executive (or Executive’s estate
or beneficiaries), and any remaining payments due to Executive under this Agreement shall be paid as otherwise provided herein.


 


This Amendment may be executed in counterparts
and may be delivered by facsimile, e-mail, or other electronic means, all of which shall be deemed to be originals, and which shall
be deemed to constitute one document.





	 Geovic Mining Corp.	 	Executive 
	 	 	 
	/s/  Michael T. Mason	 	 /s/ Barbara A. Filas
	By:  Michael T. Mason	 	 
	Title: CEO, Chairman	 	Date: March 31, 2012
	Date: March 31, 2012