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

No. 23

- 1512

DAWN SWIGER , Plaintiff

- Appellant ,

v.
WEST LIBERTY UNIVERSITY , Defendant

- Appellee , and STEPHEN GRIENER, individually, and in his official capacity as President of West Liberty University; BRIAN CRAWFORD, individually, and in his official capacity as Provost of West Liberty University; DIANA HARTO, individually, and in her official capacity as Chief Human Resource Officer of West Liberty Univ ersity , Defendants

.

Appeal from the United States District Court for the Northern District of West Virginia , at Wheeling

. John Preston Bailey , District Judge. ( 5:21

- cv - 00188

- JPB )

Submitted : October 19, 2023 Decided: October 23, 2023

Before KING and WYNN , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

. USCA4 Appeal: 23-1512 Doc: 31 Filed: 10/23/2023 Pg: 1 of 32 ON BRIEF: Patrick S. Cassidy, CASSIDY LAW, PLLC; Timothy F. Cogan, COGAN LAW OFFICE, PLLC, Wheeling, West Virgi nia, for Appellant. David L. Wyant, Thomas E. Buck, BAILEY & WYANT PLLC, Wheeling, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-1512 Doc: 31 Filed: 10/23/2023 Pg: 2 of 33 PER CURIAM: Dawn Swiger appeals the district court’s order s granting Defendant’s (1) motion to dismiss Swiger’s First and Fourteenth Amendment claims, filed pursuant to 42 U.S.C. § 1983; and (2) summary judgment motion on Swiger’s a ge discrimination claim , brought pursuant to the West Virginia Human Rights Act, W. Va. Code §§ 5

- 11

- 1 to 5

- 11

- 20. We have reviewed the record and find no reversible error. Accordingly, we affirm the district

court ’s judgment

. See Swiger v. W

. Liberty Univ. , No. 5:21

- cv - 00188

- JPB ( N .D. W. Va

. Apr. 18, 2023 ). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 23-1512 Doc: 31 Filed: 10/23/2023 Pg: 3 of 3
EXHIBIT 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2006

The undersigned executive officers of the Registrant hereby certify that this Quarterly Report on Form 10-Q for the quarter ended December 31, 2007 (the Report) fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



|                        |  |        |  |                         
|----------------------- |  | ------ |  | ------------------------
|                        |  | By:    |  | /s/ Joseph J. Bouffard  
|                        |  | Name:  |  | Joseph J.Bouffard       
|                        |  | Title: |  | President               
|                        |  |       
|                        |  | By:    |  | /s/ Anthony R. Cole     
|                        |  | Name:  |  | Anthony R. Cole         
|                        |  | Title: |  | Executive Vice President
|                        |  |       
|Date: February 13, 2008 |  |        |  |
llEVAL L. PATRICK

Governor TIMOTHY P

. MURRAY Lieutenant Governor September 21, 2009 Ira Leighton Acting Regional Administrator U.S. Environmental Protection Agency-Region 1 One Congress Street Boston, MA Dear Mr . Leighton: IANA . BOWLES Secretary LAURIE I3URT Commissioner

Enclosed please find the Massachusetts Certification ofState Implementation PlanAdequacy Regarding Clean Air Act Sections 110(a)(1) and (2)for the 2006PM2.5 National AmbientAir Quality Standard (NAAQS) . This certification demonstrates the ability and authority ofthe Massachusetts Department of Environmental Protection (MassDEP) to implement, maintain and enforce the revised 24-hour fine particle (PM2.5) NAAQS promulgated by EPA on September 21, 2006 . MassDEP is submitting this certification within three years of promulgation, as required by the Clean Air Act . (CAA) . MassDEP submitted a similar certification with respect to the 1997 ozone NAAQS in December 2007, and with respect to the 1997 PM2.5 NAAQS, in April 2008. This certification relies on the same statutes and regulations, as amended, and other documentation in support of Massachusetts' ability and authority as the previous certifications. If you have questions with respect to certification of legal authority, please contact Margaret Stolfa, MassDEP's General Counsel, or with respect to the overall Massachusetts PM2.5 certification, contact Barbara Kwetz, BWP Planning & Evaluation Division Director .

Enclosures. Cc (electronic) : Margaret Stolfa, MassDEP

Carl Dierker, EPA-Region 1 Anne Arnold, EPA-Region 1

"rhis information is available in alternate format. Call Donald M . Gomes, ADA Coordinator at 617-556-1057. TDD# 1-866-539-7622 or I-617-574-6868. 

### COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500

MassDEPon the World Wide Web : http://www

.mass.gov/dep 0Printed on Recycled Paper
Exhibit 32.2



  CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 1350 OF CHAPTER
                    63 OF TITLE 18 OF THE UNITED STATES CODE


I,  Ernest  J.  Mrozek,  the  President  and  Chief  Financial  Officer  of  The
ServiceMaster  Company,  certify that (i) the Quarterly  Report on Form 10-Q for
the quarter ended March 31, 2004,  fully complies with  requirements  of Section
13(a) or 15(d) of the Securities  Exchange Act of 1934 and (ii) the  information
contained  in such Form 10-Q fairly  presents,  in all  material  respects,  the
financial condition and results of operations of The ServiceMaster Company.




                                 /S/ ERNEST J. MROZEK
                                 -----------------------------
                                 Ernest J. Mrozek
                                 President and Chief Financial Officer
                                 May 10, 2004


A signed  original of this  written  statement  required by Section 906 has been
provided to The ServiceMaster  Company and will be retained by The ServiceMaster
Company and  furnished to the  Securities  and Exchange  Commission or its staff
upon request.







                                       27
<PAGE>
<PAGE>

EXHIBIT 32.2

                                   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 Championship Auto Racing Teams, Inc.
(the "Company") on Form 10-Q for the quarter ending March 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas L. Carter, Chief Financial 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/ Thomas L. Carter

Thomas L. Carter
Chief Financial Officer
August 24, 2004

A signed original of this written statement required by Section 906 has been
provided to Championship Auto Racing Teams, Inc. and will be retained by
Championship Auto Racing Teams, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
No. 67766.

#### Fuchs Shoe Corporation *v.*United States,

protests 164271-K, etc. (New York).

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the merchandise consists of footwear similar in all material respects to that the subject of *United States*v. *A. J. Taylor of Santa Fe, New Mexico*(48 CCPA 97, C.A.D. 772), the claim of the plaintiff was sustained.
CERTIFICATE OF LIMITED PARTNERSHIP
                                       OF
                    MERRILL LYNCH PREFERRED FUNDING IV, L.P.

            This Certificate of Limited Partnership of Merrill Lynch Preferred
Funding IV, L.P. (the "Partnership"), dated as of December 19, 1997, is being
duly executed and filed by Merrill Lynch & Co., Inc., a Delaware corporation, as
general partner, to form a limited partnership under the Delaware Revised
Uniform Limited Partnership Act (6 Del. C. ss. 17-101, et seq.).

            (a) Name. The name of the limited partnership formed hereby is
Merrill Lynch Preferred Funding IV, L.P.

            (b) Registered Office. The address of the registered office of the
Partnership in the State of Delaware is c/o CT Corporation, Corporate Trust
Center, 1209 Orange Street, Wilmington, Delaware 19801.

            (c) Registered Agent. The name and address of the registered agent
for service of process on the Partnership in the State of Delaware is CT
Corporation, Corporate Trust Center, 1209 Orange Street, Wilmington, Delaware
19801.

            (d) General Partner. The name and the business mailing address of
the sole general partner of the Partnership is: Merrill Lynch & Co., Inc., a
Delaware corporation, World Financial Center, North Tower, 250 Vesey Street, New
York, New York 10281.

            IN WITNESS WHEREOF, the undersigned has executed this Certificate of
Limited Partnership as of the date first written above.

                                     Merrill Lynch & Co., Inc.,
                                     as sole general partner


                                     By: /s/ THERESA LANG
                                         -----------------------------------
                                         Name:  Theresa Lang
                                         Title: Senior Vice President and 
                                                Treasurer
<TABLE>
<CAPTION>
                                                                                   EXHIBIT 12

                    MERRILL LYNCH PREFERRED CAPITAL TRUST IV
                    MERRILL LYNCH PREFERRED FUNDING IV, L.P.
                      COMPUTATION OF RATIOS OF EARNINGS TO
          COMBINED FIXED CHARGES AND PREFERRED SECURITIES DISTRIBUTIONS

                                                FOR THE THREE MONTHS ENDED MARCH 26, 1999
                                            -------------------------------------------------
                                            MERRILL LYNCH PREFERRED   MERRILL LYNCH PREFERRED
                                                CAPITAL TRUST IV         FUNDING IV, L.P.
                                            -----------------------   -----------------------
<S>                                                <C>                       <C>       
EARNINGS                                           $7,340,222                $8,596,995
                                                   ==========                ==========
                                                                           
FIXED CHARGES                                      $       --                $       --
                                                                           
PREFERRED SECURITIES DISTRIBUTION                                          
  REQUIREMENTS                                      7,120,000                 7,340,222
                                                   ----------                ----------
                                                                           
TOTAL COMBINED FIXED CHARGES AND                                           
  PREFERRED SECURITIES DISTRIBUTIONS               $7,120,000                $7,340,222
                                                   ==========                ==========
                                                                           
RATIO OF EARNINGS TO COMBINED                                              
  FIXED CHARGES AND PREFERRED                                              
  SECURITIES DISTRIBUTIONS                               1.03                      1.17
                                                                         
</TABLE>
No. 48459.

#### Protests 987732-G, etc., of Daniels & Fisher Stores et al. (Denver, etc.).

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 1 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 2 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 3 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 4 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 5 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 6 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 7 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 8 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 9 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 10 of 11
Case 2:05-cv-03473-SD Document 14 Filed 01/23/06 Page 11 of 11
'".ArleneHamiltonTownClerkBox237Gypsum,CO81637DearMs.Hamilton:&tntrnfC!Iolornt.nDEPARTMENTOFREVENUESTATECAPITOLANNEX1375SHERMANSTREETDENVER,COLORADO80203INREPLYREFERTOWecorrectthesalestaxreturns,butweshouldhaveacopyofyouramendedordinanceforourfiles.r;c.CEIVED•104.TaxExaminer.December9,l9760EC29'\976l:>".OfHEVENUB11-lcoMINGMAlLInreviewingyourtownordinance,Inotethattheordinancedoesnotprovideforavendor'sfee.Wewillsetupyourtaxaccord-inglyandwillprovideinformationonthereturnsforthemerchantsinyourtownthatthereisnovendor'sfeeallowable.Iwouldappreciate,however,ifyouwouldconfirmthisformeandadvisemeifitwasyourintentiontonotallowavendor'sfeeorifthiswasmerelyanoversightwhentheordinancewasdrafted.Verytrulyyours,Sales.UseandCigaretteTaxSectionJAM:cjDearSir:December15,1976Thiswasanoversightonourpartandwastobeincludedintheordinace.Pleaseallowthemerchantsa3-1/3%vendor'sfee.Ifthereisanyquestionpleaseadvice.Thankyou.(Itrs.)ArleneHamiltonTownClerk
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1547 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 1547

To nullify the effect of the recent Executive order that establishes an 
 ``election integrity'' commission, which will be used and is designed 
 to support policies that will suppress the vote in minority and poor 
                 communities across the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 12, 2017

 Mr. Booker (for himself, Mr. Menendez, Ms. Harris, Ms. Cortez Masto, 
 Ms. Hirono, Ms. Duckworth, Mrs. Gillibrand, Mr. Markey, Mr. Reed, Mr. 
Franken, Mr. Durbin, Mr. Coons, Mr. Brown, Mr. Carper, Mrs. Murray, Mr. 
  Casey, Ms. Hassan, Mrs. Shaheen, Mr. Whitehouse, Ms. Klobuchar, Mr. 
     Murphy, Mrs. Feinstein, Mr. Wyden, Mr. Udall, Ms. Warren, Mr. 
  Blumenthal, Mr. Leahy, Mr. Schumer, Mr. Heinrich, Mr. Merkley, Mr. 
Schatz, and Ms. Cantwell) introduced the following bill; which was read 
    twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
To nullify the effect of the recent Executive order that establishes an 
 ``election integrity'' commission, which will be used and is designed 
 to support policies that will suppress the vote in minority and poor 
                 communities across the United States.

    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 ``Anti-Voter Suppression Act''.

SEC. 2. NULLIFICATION.

    Executive Order 13799 (82 Fed. Reg. 22389; relating to 
``Establishment of Presidential Advisory Commission on Election 
Integrity'') shall have no force or effect.

SEC. 3. PROHIBITION ON FUNDS.

    None of the funds appropriated or otherwise made available under an 
Act of Congress enacted before, on, or after the date of enactment of 
this Act may be made available for the commission established under the 
Executive order described in section 2 or for any similar commission 
established for the purpose of studying voter fraud.
                                 <all>
```
(Reap. Dec. 10657)

Entry No. 996115, etc.

#### Kurt Orban Co., Inc. *v.*United States

(Decided December 26, 1963)

*■Sharretts, Paley & Garter*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

LawreNoe, Judge:

The appeals for a reappraisement, enumerated in tbe schedule attached to and made a part of tbe decision herein, present tbe question of the proper value for dutiable purposes of •certain wire strand.

The parties hereto have entered into a stipulation of fact wherein it has been agreed as follows:

> That the merchandise covered by the appeals to reappraisement enumerated in Schedule A, attached hereto and made a part hereof, consists of wire strand exported from Japan during the period beginning January 1, 1959 and ending •September 30,1960; that wire strand is not identified in the Final List published :by the Secretary of the Treasury pursuant to the Customs Simplification Act of 1956, T.D. 54521, effective February 27, 1958; that on or immediately preceding the date of exportation of each shipment of wire strand covered by each of the appeals to reappraisement enumerated on Schedule A, the prices at which wire strand, such as or similar to the wire strand described on the invoices covered ;by the instant appeals to reappraisement were freely sold, or in the absence of *403sales, offered for sale in tlie principal market of Japan, in the usual wholesale quantity and in the ordinary course of trade, for exportation to the United States, including the cost of all containers and coverings of whatever nature and all other expenses incidental to placing the merchandise in condition, packed ready for shipment to the United States, was $254. per metric ton for wire strand of % inch diameter and $252. per metric ton for wire strand of *7/±q*inch diameter (United States funds).

Upon tlie record before the court, I find and hold that export value, as that value is defined in section 402(b) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, 91 Treas. Dec. 295, T.D. 54165 (19 U.S.C. § 1401a (b)), is the proper basis of value for the wire strand in issue and that said value is $254 per metric ton for wire strand of %-inch diameter and $252 per metric ton for wire strand of %6-inch diameter (United States funds).

Judgment will be entered accordingly.
Exhibit 31.1

Certification of Chief Executive Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002

I, W. Barry Gilbert, certify that:

1. I have reviewed this report on Form 10-K for the fiscal year ending September
30, 2005 for IEC Electronics Corp.;

2. Based on my knowledge, this 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 period 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 report;

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

a) designed such disclosure controls and procedures, or caused such disclosure
controls 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 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 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 officer 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 functions):

a) All significant deficiencies and material weaknesses in the design or
operation 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 control over
financial reporting.


Dated:  November 18, 2005                         /s/ W. Barry Gilbert
                                                  --------------------
                                                  W. Barry Gilbert
                                                  Chairman and
                                                  Chief Executive Officer


                                  Page 44 of 46
EXHIBIT 21



                          SUBSIDIARIES OF SAUCONY, INC.


                                             Jurisdiction of     Percentage
          Name                               Incorporation        Ownership


Hyde International Services, Ltd.            Hong Kong              100%

Hyde Transition Corp.                        Massachusetts          100%

Hyde, Inc. (1)                               Maine                  100%

Saucony Canada, Inc. (2)                     Ontario                 85%

Saucony UK, Inc. (3)                         Massachusetts          100%

Saucony Sports, B.V.(2)                      Netherlands            100%

Saucony SP Pty. Ltd. (2)                     Australia              100%

Saucony Deutschland Vertriebs GmbH (2)       Germany                100%

Quintana Roo, Inc. (4)                       Delaware               100%



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

(1)   Formerly known as Spot-Bilt, Inc.
(2)   Does business as "Saucony."
(3)   Formerly known as Saucony, Inc.  Does business as "Saucony."
(4)   Does business as "Quintana Roo."
No. 63044.

#### H. W. Ebert Co. *v.*United States,

protest 58/1048 (New York).

Opinion by

Johnson, J.

In accordance with rule 5(b) of the rules of this court, as amended, the protest was dismissed for lack of prosecution.
No. 55889.

protest 162524-K (New York).

#### Koscherak Bros., Inc. *v.*United States,

Opinion by

Ekwall, J.

It was stipulated that the Federal Reserve bank certified dual rates of exchange for the currency involved in the liquidation of the entry for the date of exportation of the merchandise covered by the entry and that the circumstances relating to the liquidation of the said entry are similar in all material respects to those in Abstract 54732. In view of this stipulation and following the cited decision it,was held that the currency of the invoice should have been converted in the manner directed by the judgment of this court in said Abstract 54732, in accordance with Bureau of Customs Circular Letter No. 2675, dated October 19, 1949.