alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### The Honorable Jimm Larry Hendren, United States District 1 

### Judge for the Western District of Arkansas, adopting the report and recommendations of the Honorable Beverly R. Stites, United States Magistrate Judge for the Western District of Arkansas. ___________ No. 95-3439

___________ Jack Wann, * *

Appellant, * * v. * Appeal from the United States * District Court for the Shirley S. Chater, * Western District of Arkansas Commissioner, Social Security * Administration, * [UNPUBLISHED] * Appellee. *

___________ Submitted: March 6, 1996 Filed: April 9, 1996

___________ Before McMILLIAN, WOLLMAN, and MURPHY, Circuit Judges.

___________ PER CURIAM. Jack Wann appeals from a final order of the District Court for the 1 Wester nDistrict of Arkansas, awarding attorneys fees under the Equa l Access t o Justice Act (EAJA), 28 U.S.C. § 2412(b), at a rate less tha n requested. For the reasons discussed below, we affirm. After the district court remanded his social security case to th e Commissioner for further proceedings, Wann applied for attorneys fees unde r EAJA. Wann sought $4,685.96, based in part on a pproximately 30.5 hours of attorney time at a rate of $124.29 per

### -2-

hour (accounting for cost-of-living increases). The Commissioner opposed the fee request, arguing Wann was entitled to no more that $116.99 pe r hour, s et as a reasonable rate by this court in Stockton v. Shalala , 3 6 F.3d 49, 50 (8th Cir. 1994). The district court concluded the reasonable hourly rate includi ng the appropriate cost-of-living increases in the dist rict was $116.99 per hour, and the attorney's experience in social security cases did not warrant an addition al fee enhancement. The district court awarded a total o f $4,373.46.
On appea l, Wann argues the district court abused its discretion i n arbitrarily reducing the cost-of-living adjustme nt for the hourly rate for EAJAcompensation, without regard to the actual rate established through the Consum er Price Index (CPI). The Commissioner argues Wann did no t presen t proper proof of the cost-of-living increases according to th e established formula for using the CPI.
We r eview a district court's award of EAJA fees for abuse o f discretion. Pierce v . Underwood , 487 U.S. 552 (1988). We agree with the Commissioner that Wann did not present proper proof of the correct cost-of

living increases to j ustify his requested hourly rate. Moreover, we have carefully reviewed the record and conclude the district court did not abus e its discretion in determining the appropriate hourly rate in this case. Accordingly, we affirm the judgment of the district court. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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 Annual Report of Paramount Acquisition Corp. (the Company) on Form 10-K for the
period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned, in the capacities and on the dates 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:

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: March 31, 2006 |  |        |  | /s/ Jonathan J. Ledecky                              
|                     |  | Name:  |  | Jonathan J. Ledecky                                  
|                     |  | Title: |  | President and Secretary (Principal Executive
Officer)
|                     |  |       
|                     |  |        |  |                                                      
|                     |  |       
|Date: March 31, 2006 |  |        |  | /s/ Eric J. Watson                                   
|                     |  | Name:  |  | Eric J. Watson                                       
|                     |  | Title: |  | Chairman of the Board and Treasurer                  
|                     |  |        |  | (Principal Accounting and Financial Officer)
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

May 2, 2007 Clifford W. Taylor,

 Chief Justice 

132039 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 132039 

 COA: 270789 

Macomb CC: 04-003459-FH 

AARON MICHAEL BREVICK, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the July 19, 2006 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should be reviewed by this Court. 

KELLY, J., would grant leave to appeal. 

s0425 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

May 2, 2007 

 Clerk
EXHIBIT 23

            CONSENT OF BEARD MILLER COMPANY LLP, INDEPENDENT AUDITORS




     We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-15150) pertaining to the Juniata Valley Financial Corp.
Employee Stock Purchase Plan, of the financial statements of Juniata Valley
Financial Corp. Employee Stock Purchase Plan included in this Annual Report
(Form 11-K) for the year ended June 30, 2002.




                                                     /s/BEARD MILLER COMPANY LLP



Harrisburg, Pennsylvania
September 25, 2002



------------------------------------------------------------------------------
                                    6              Beard Miller Company LLP
                                                   Certified Public Accountants
                                                     and Consultants
[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75342-75343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24171]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-98806; File No. SR-CboeBYX-2023-013]


Self-Regulatory Organizations; Cboe BYX Exchange, Inc.; Notice of 
Withdrawal of Proposed Rule Change To Amend Its Fee Schedule Related to 
Physical Port Fees

October 27, 2023.
    On September 1, 2023, Cboe BYX Exchange, Inc. (``Exchange'') filed 
with the Securities and Exchange Commission (``Commission''), pursuant 
to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to 
amend certain connectivity and port fees.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule change was immediately effective upon filing with 
the Commission pursuant to Section 19(b)(3)(A) of the Act.\3\ The 
proposed rule change was published for comment in the Federal Register 
on September 20, 2023.\4\ On September 29, 2023, pursuant to Section 
19(b)(3)(C) of the Act,\5\ the Commission: (1) temporarily suspended 
the proposed rule change; and (2) instituted proceedings under Section 
19(b)(2)(B) of the Act \6\ to determine whether to approve or 
disapprove the proposed rule change.\7\ On October 25, 2023, the 
Exchange

[[Page 75343]]

withdrew the proposed rule change (SR-CboeBYX-2023-013).
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take 
effect upon filing with the Commission if it is designated by the 
exchange as ``establishing or changing a due, fee, or other charge 
imposed by the self-regulatory organization on any person, whether 
or not the person is a member of the self-regulatory organization.'' 
15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ See Securities Exchange Act Release No. 98393 (September 14, 
2023), 88 FR 64933.
    \5\ 15 U.S.C. 78s(b)(3)(C).
    \6\ 15 U.S.C. 78s(b)(2)(B).
    \7\ See Securities Exchange Act Release No. 98647, 88 FR 68798 
(October 4, 2023).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------


J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2023-24171 Filed 11-1-23; 8:45 am]
BILLING CODE 8011-01-P
IIA

106TH CONGRESS

1ST SESSION H. J. RES. 76

IN THE SENATE OF THE UNITED STATES

NOVEMBER 9, 1999

Received

JOINT RESOLUTION

Waiving certain enrollment requirements for the remainder

of the first session of the One Hundred Sixth Congress

with respect to any bill or joint resolution making general

appropriations or continuing appropriations for fiscal

year 2000.
2

HJ 76 RDS

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That the provisions of sections 106 and 107 of title 1,

4 United States Code, are waived for the remainder of the

5 first session of the One Hundred Sixth Congress with re6 spect to the printing (on parchment or otherwise) of the

7 enrollment of any bill or joint resolution making general

8 appropriations or continuing appropriations for the fiscal

9 year ending September 30, 2000. The enrollment of any

10 such bill or joint resolution shall be in such form as the

11 Committee on House Administration of the House of Rep12 resentatives certifies to be a true enrollment.

Passed the House of Representatives November 9,

1999.

Attest: JEFF TRANDAHL,

Clerk.
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Kinder Mor g an SACROC, LP; * From the 132nd District Court

Kinder Morgan CO2 Co.

, LP; of Scurry County,

Kinder Morgan Production Co., LP; Trial Court No. 26387

. and Kinder Morgan Production Co., LLC,

Vs. No. 11

- 1 9

- 00 097

- CV * November 7 , 2019

S curry County; Snyder Independent * Opinion by Bailey , C.J.

School District; Scurry County Junior (Panel consists of: Bailey

, C. J.,

College District d/b/a Western Texas Stretcher , J., and Wright, S.C.J.,

College; and Scurry County Hospital sitting by assignment)

Distri ct d/b/a Cogdell Memorial Hospital, (Willson, J., not participating)

This court has inspected the record in this cause and concludes that t here is

no error in the order below. Therefore, in accordance with this court ’ s opinion, the

order of the trial court is in all things affirmed. The costs incurred by reason of

this appeal are taxed against Kinder Morgan SACROC, LP; Kinder Morgan CO2

Co. , LP; Kinder Morgan Production Co., LP.; and Kinder Morgan Production Co.,

LLC.
<TABLE> <S> <C>

<ARTICLE>                               5
<LEGEND>
             THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
             FROM THE FIRST QUARTER 10-QSB FOR INSCI'S 1999 FISCAL YEAR
</LEGEND>
<CIK>               0000878612
<NAME>              m7rpwrt@
       
<S>                                                                   <C>
<PERIOD-TYPE>                                                        3-MOS
<FISCAL-YEAR-END>                                                 MAR-31-1999
<PERIOD-END>                                                      JUN-30-1998
<CASH>                                                                    2092
<SECURITIES>                                                                 0
<RECEIVABLES>                                                             2966
<ALLOWANCES>                                                               100
<INVENTORY>                                                                  1
<CURRENT-ASSETS>                                                          5243
<PP&E>                                                                    2476
<DEPRECIATION>                                                            1841
<TOTAL-ASSETS>                                                            8401
<CURRENT-LIABILITIES>                                                     3090
<BONDS>                                                                      0
<PREFERRED-MANDATORY>                                                        0
<PREFERRED>                                                                 20
<COMMON>                                                                    71
<OTHER-SE>                                                                5220
<TOTAL-LIABILITY-AND-EQUITY>                                              8401
<SALES>                                                                   3213
<TOTAL-REVENUES>                                                          3213
<CGS>                                                                     1110
<TOTAL-COSTS>                                                             1110
<OTHER-EXPENSES>                                                          1909
<LOSS-PROVISION>                                                             0
<INTEREST-EXPENSE>                                                         (25)
<INCOME-PRETAX>                                                            219
<INCOME-TAX>                                                                 0
<INCOME-CONTINUING>                                                        219
<DISCONTINUED>                                                               0
<EXTRAORDINARY>                                                              0
<CHANGES>                                                                    0
<NET-INCOME>                                                               219
<EPS-PRIMARY>                                                             0.01
<EPS-DILUTED>                                                             0.01
        

</TABLE>
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe quarterly report on Form 10-Q of Nutraceutical InternationalCorporation (the “Company”) for the period ended June 30, 2005 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Frank W. Gay II, Chairman of the Board and Chief Executive Officer of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of myknowledge:

(1)         the Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2)         theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| /s/ FRANK  W. GAY II                                                |   |   |
|---------------------------------------------------------------------|--------|--------|
| Frank W. Gay II  Chairman of the Board  and Chief Executive Officer |   |   |

 

**Date:  July 29, 2005**

**CERTIFICATION PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection withthe quarterly report on Form 10-Q of Nutraceutical InternationalCorporation (the “Company”) for the period ended June 30, 2005 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Leslie M. Brown, Jr., Senior Vice President, Finance, Chief FinancialOfficer and Assistant Secretary 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:

(1)         the Report fully complieswith the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(2)         theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| /s/ LESLIE  M. BROWN, JR.                                                                              |   |   |
|-------------------------------------------------------------------------------------------------------------|--------|--------|
| Leslie M. Brown, Jr.  Senior Vice President, Finance,  Chief Financial Officer and Assistant Secretary |   |   |

 

**Date:  July 29, 2005**

Signed originals of these written statements requiredby Section 906 have been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

----
Exhibit 32.1

Certification of CEO and CFO 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 on Form 10-Q/A of Anthracite Capital, Inc. (the
Company) for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), Christopher A. Milner, as Chief Executive Officer of the Company, and James J. Lillis, as
Chief Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of 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 operations of the Company.



|                          |  |                        
|------------------------- |  | -----------------------
|/s/ Christopher A. Milner
|Name:                     |  | Christopher A. Milner  
|Title:                    |  | Chief Executive Officer
|Date:                     |  | August 17, 2009        
|                         
|/s/ James J. Lillis      
|Name:                     |  | James J. Lillis        
|Title:                    |  | Chief Financial Officer
|Date:                     |  | August 17, 2009
Before the Third Division,

March 30, 1961

No. 65355.

#### Frank P. Dow Co., Inc., et al. *v.*United States,

protests 59/31494, etc. (Portland, Oreg.).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of bread similar in all material respects to that the subject of *United States*v. *Nordic Baking & Importing Co., Inc.*(47 C.C.P.A. 78, C.A.D. 733), the claim of the plaintiffs was sustained.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1121 Enrolled Bill (ENR)]

        H.R.1121

                       One Hundred Sixth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
   the sixth day of January, one thousand nine hundred and ninety-nine

                                 An Act

 
 To designate the Federal building and United States courthouse located 
  at 18 Greenville Street in Newnan, Georgia, as the ``Lewis R. Morgan 
            Federal Building and United States Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The Federal building and United States courthouse located at 18 
Greenville Street in Newnan, Georgia, shall be known and designated as 
the ``Lewis R. Morgan Federal Building and United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building and United States 
courthouse referred to in section 1 shall be deemed to be a reference 
to the ``Lewis R. Morgan Federal Building and United States 
Courthouse''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
<PAGE>   1

                                                                    EXHIBIT 23.1

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

Sun Community Bancorp Limited
Phoenix, Arizona

     We hereby consent to the use in the Prospectus constituting a part of this
Registration Statement on Form S-1 (Amendment 2) of Sun Community Bancorp
Limited of our report dated April 19, 1999 relating to the consolidated
financial statements of Sun Community Bancorp Limited which is contained in that
Prospectus. We also consent to the references to us under the caption "Experts"
in the Prospectus.


                                BDO SEIDMAN LLP

Grand Rapids, Michigan
June 15, 1999
No. 53381.

protests 138231-K, etc. (Tampa).

#### Kaplan Importers *v.*United States,

Opinion by

Rao, J.

In accordance with stipulation of counsel that certain items of the merchandise consist of sisal handbags similar in all material respects to those the subject of *United States*v. *Goldberg & Seltzer, Inc.*(36 C. C. P. A. 64, C. A. D. 399), the claim of the plaintiff was sustained.
Exhibit 99.3

                            CERTIFICATION PURSUANT TO
                              18 USC, SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the quarterly  report of Retail  Highway.com,  Inc. (the
"Company") on Form 10-QSB for the quarter ended December 31, 2003, as filed with
the Securities and Exchange  Commission (the "Report"),  I, Michael Levine,  the
Chief Executive Officer of the Company,  certify, pursuant to Section 906 of the
Sarbanes-Oxley  Act of 2002 (18  U.S.C.  Section  1350),  that to the best of my
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.



Dated:  February 13, 2003                s/Michael Levine
                                         ---------------------------------------
                                         Michael Levine, Chief Executive Officer