alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

KENNETH R. KENT, 

Petitioner

v.

SOCIAL SECURITY ADMINISTRATION, 

Respondent

______________________

2023-1329

______________________

Petition for review of the Merit Systems Protection 

Board in No. DE-0752-17-0171-I-1.

______________________

O R D E R

The petitioner having failed to file the required 

Statement Concerning Discrimination, it is 

ORDERED that the petition for review be, and the 

same hereby is, DISMISSED, for failure to prosecute in 

accordance with the rules. 

FOR THE COURT

February 15, 2023

Date /s/ Peter R. Marksteiner

Peter R. Marksteiner 

Clerk of Court

ISSUED AS A MANDATE: February 15, 2023

Case: 23-1329 Document: 8 Page: 1 Filed: 02/15/2023
6884

#### STATE OF SOUTH CAROLINA *EX REL.*J. FRASER LYON, ATTORNEY GENERAL, v. ARGYLE HOTEL CO.

*Billed by case of State of South Carolina ex rel. J. Eraser Lyon, Attorney General, v. New Charleston Hotel Co., post,*120.

Petition* in the- original jurisdiction of this Court by J. Fraser Lyon, Attorney General, in behalf of the State of South Carolina, against Riddock & Byrnes, Ernest Gilman and the Argyle Hotel Company, to restrain them from keeping a place where people are accustomed to resort to drink alcoholic liquors and beverages.

*Attorney General, J. Fraser Lyon,*for petitioner.

April 21, 1908.

The opinion of the Court was delivered by

Mr. Justice Gary.

The facts in this case are similar to those set out in the opinion* just filed, in the case of the *State of South Carolina, ex relatione,*/. *Fraser Lyon,*as Attorney General, *against The New Charleston FL-otel Company,*except as to the names of the respondents, dates and place where the nuisance is maintained.

It is, therefore, unnecessary to reiterate the reasons why the prayer of the petition* should be granted.

*120It is the judgment of this Court that the respondents be perpetually enjoined from maintaining, using and keeping said place, where persons are permitted to resort for the purpose of drinking alcoholic liquors and beverages, and from permitting persons to resort to the said premises for the purpose of drinking alcoholic liquors and beverages.
1.
    
    I have reviewed this Quarterly Report on Form 10-Q of GTx, Inc.;
 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(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d-15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer(s) 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 the registrants board of directors (or persons performing the equivalent
functions):
    /s/ Mark E. Mosteller

Mark E. Mosteller, CPAVice President and Chief Financial Officer
- 1 - 

Alexander Van der Bellen 

Managing Director and 

Associate General Counsel 

Delta Air Lines, Inc. 

1212 New York Avenue NW 

Washington, DC 20005 

202.842.4184 

sascha.vanderbellen@delta.com 

June 6, 2011 

via email and regulations.gov 

Esta Rosenberg 

Chief, U.S. Air Carrier Licensing Division 

Department of Transportation 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Joint Application of Delta/Alitalia/Compass 

 For a Statement of Authorization 

 Docket DOT-OST-2001-10417 

Dear Ms. Rosenberg: 

This letter is to confirm that Delta has polled all carriers on the service list to the above 

referenced application filed earlier today and there are no objections. In these circumstances, 

we urge that the application be granted as soon as possible. 

 

 

Respectfully submitted, 

Alexander Van der Bellen 

cc: Jennifer Trock, Counsel for Compass 

 Richard Mathias, Counsel for Alitalia 

 David Endersbee, Counsel for Alitalia 

info@airlineinfo.com
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Quarterly Report fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934; and
 (2)
    
    The information contained in the Quarterly Report fairly presents, in all material respects,
the financial condition and results of operations of Marlin Business Services Corp.
 ate: May 11, 2009
 /s/ Daniel P. DyerDaniel P. DyerChief Executive Officer /s/ Lynne C. WilsonLynne C. WilsonChief Financial Officer & Senior Vice President
(Principal Financial Officer)
No. 57356.

protests 964338-G and 643937-G (New York).

#### Chinese Mongolian Fur Corp. and Eitingon Schild Co., Inc. *v.*United States,

Opinion by

Oliver, C. J.

In accordance with stipulation of counsel that the kidskin plates are similar in all material respects to those the subject of *Kung Chen Fur Corpn.*v. *United States*(29 Cust. Ct. 266, C. D. 1480), the claim for free entry under paragraph 1681 was sustained.

Pord, J., concurred.

Mollison, J., dissented for the reasons set forth in his dissenting opinion in C. D. 1480, *supra.*
Exhibit 32.1





CERTIFICATIONS PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)







In connection with the Quarterly Report of Elderwatch, Inc. (the "Company") on Form 10-QSB for the period ending June 30, 2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Allan Weiss, President and Chief Executive 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:



(1)

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

(2)

The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.



By/s/ Allan Weiss

Allan Weiss

President, Chief Executive Officer





Date:  August 17, 2005
**Exhibit 31.2**

 

**CERTIFICATION OF CHIEF FINANCIALOFFICER**

**PURSUANTTO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Gary Sidorsky, certify that:

 

     1. I have reviewed this quarterly reporton Form 10-Q of American Defense Systems, Inc.;

 

     2. Based on my knowledge, this reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

 

     3. Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

     4. The registrant’s other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

          (a) designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

          (b) evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

          (c) disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

     5. The registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing theequivalent functions):

 

          (a) allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

          (b) anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 

 

Date:  May 15, 2008

 
|   | /s/ Gary Sidorsky        |
|--------|--------------------------|
|   | Gary Sidorsky            |
|   | Chief Financial  Officer |

 

----
#### ARMANDO MOLINARO, INDIVIDUALLY, *ETC.,*PLAINTIFF-PETITIONER, v. LEE BERTHA Mc INTYRE, *ET AL.,*DEFENDANTS AND FRANK G. SCHAFER, *ET ALS.,*DEFENDANTS-RESPONDENTS.

*Messrs. Beckerman & Franzblau*for the petititioner.

*Messrs. Braff, Litvak ■& Eriag*for the respondents.

February 13, 1968.

Denied.
*Exhibit 32.2*

**CERTIFICATION**

          In connection with the periodic report of 724 Solutions (the “Company”) on Form 10-K for the period ended December 31, 2004 as filed with the Securities and Exchange Commission (the “Report”), I, Stephen Morrison, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:

| 1.     | The Report   fully complies with the requirements of Section 13(a) or 15(d), as   applicable, 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 at   the dates and for the periods indicated. |

          This Certification has not been, and shall not be deemed, “filed” with the Securities and Exchange Commission.

                    Date: March 31, 2006

|   | By:    | /s/ Stephen   Morrison                                                     |
|--------|--------|----------------------------------------------------------------------------|
|   |   |                                                                            |
|   |   | Stephen   Morrison                                                         |
|   |   | *Chief Financial Officer and    Senior Vice President, Corporate Services* |
NUMBER 13-21-00140-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

____________________________________________________________

ANDREW T. REED, Appellant,

v.

PATTY CARRION, INDIVIDUALLY, 

EDDY MARTINEZ, INDIVIDUALLY, 

DR. RAUL MARQUEZ, INDIVIDUALLY 

AND D/B/A ORTHOPEDIC SURGERY 

CENTER SPORTS MEDICINE, Appellees.

____________________________________________________________

On appeal from County Court at Law No. 7

of Hidalgo County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Benavides and Silva

Memorandum Opinion by Justice Silva

This cause is before the Court on appellant’s motion for extension of appellate 

deadline. On May 4, 2021, appellant filed a notice attempting to appeal the trial court’s 
2

Order Granting Dismissal and Attorney Fees, signed on January 20, 2021. We now 

dismiss this appeal for lack of jurisdiction. 

An appeal taken from a dismissal in such a case shall be accelerated. See TEX.

CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (Vernon 2008). To perfect an accelerated 

appeal, the party is required to file a notice of appeal “within 20 days after the judgment 

or order is signed.” Id. at R. 26.1(b). The filing of a motion for new trial, request for 

findings of fact and conclusions of law, or any other post-judgment motion, except for a 

motion for extension of time filed under Texas Rule of Appellate Procedure 26.3, “will not 

extend the time to perfect an accelerated appeal.” Id. at R. 26.3, 28.1(b).

We are to construe the rules of appellate procedure reasonably and liberally so 

that the right to appeal is not lost by imposing requirements not absolutely necessary to 

effectuate the purpose of a rule. See Verburgt v. Dorner, 959 S.W.2d 615, 616-17 (Tex.

1997). Nevertheless, we are prohibited from enlarging the scope of our jurisdiction by 

enlarging the time for perfecting an appeal in a civil case in a manner not provided for by 

rule. See Tex. R. App. P. 2; In re T.W., 89 S.W.3d 641, 642 (Tex. App.–Amarillo 2002, no 

pet.).

Appellant’s notice of appeal was untimely; therefore, we lack jurisdiction

over the appeal. Accordingly, we dismiss the appeal and appellant’s motion for extension 

of appellate deadline for want of jurisdiction.

CLARISSA SILVA

Justice

Delivered and filed on the 

29th day of July, 2021.
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, Tammie A. Quinlan, Executive Vice President and Chief Financial Officer, certifies
that (1) this Quarterly Report of CNL Lifestyle Properties, Inc. (the Company) on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (this Report),
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and (2) the information contained in this Report fairly presents, in all material respects, the financial condition of the
Company as of June 30, 2008 and December 31, 2007, and its results of operations for the quarters and six months ended June 30, 2008 and 2007.



|                      |  |        |  |                                                     
|--------------------- |  | ------ |  | ----------------------------------------------------
|Date: August 13, 2008 |  |        |  | /s/ Tammie A. Quinlan                               
|                      |  | Name:  |  | Tammie A. Quinlan                                   
|                      |  | Title: |  | Executive Vice President and Chief Financial Officer
#### Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant *v.*Edward C. Byers, Jr., Appellee.

Argued April 9, 1981,

before President Judge Crumlish and Judges Rogers and Blatt, sitting as a panel of three.

*405June 2, 1981:

*Harold H. Cramer,*Assistant Attorney General, with him *Ward T. Williams,*Chief Counsel, Transportation, and *Harvey Bartle, III,*Acting Attorney General, for appellant.

No appearance for appellee.

Opinion by

President Judge Crumlish,

The Westmoreland County Common Pleas Court sustained the appeal of Edward Byers whose operating privileges were revoked by the Bureau of Traffic Safety for five years. We reverse.

On June 26,1979, Byers was convicted of violating four sections of the Vehicle Code.1 The violations all occurred on the same day and were apparently the result of one incident. Upon review of a certification of conviction from the Common Pleas Court, the Department suspended Byers’ operating privileges2 and revoked his operating privileges for five years. Byers did not appeal the six-month suspensions, but did successfully appeal the revocation of operating privileges based on a finding that he was an habitual offender.

The court below did not have the enlightenment of *Weaver v. Department of Transportation, Bureau of Traffic Safety,*52 Pa. Commonwealth Ct. 625, 416 A.2d 628 (1980), and *Brewster v. Department of Transportation, Bureau of Traffic Safety,*52 Pa. *406Commonwealth Ct. 112, 415 A.2d 922 (1980). There we ruled that offenders who during one incident commit three offenses, qualifying under Section 1542 of the Code are indeed habitual offenders.

*Weaver*and *Brewster*are controlling in this case. Accordingly, the order of the court below is reversed.

Order

The order of the Court of Common Pleas of Westmoreland County, No. 11035 of 1979 dated March 21, 1980, is reversed.

1

 75 Pa. O. S. §3304 — Overtaking vehicle on the right,

> 75 Pa. C. S. §3733 — Fleeing or attempting to elude a police officer,

> 75 Pa. O. S. §3734 — Driving without light to avoid identification or arrest,

> 75 Pa. C. S. §3743 — -Accident involving damage to attended vehicle or property.

2

 Pursuant to Section 1532(b) (1) of the Motor Vehicle Code, 75 Pa. O. S. §1532(b)(1).
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McGREGOR W. SCOTT

United States Attorney

YOSHINORI H. T. HIMEL #66194

Assistant U. S. Attorney

501 I Street, Suite 10-100

Sacramento, California 95814

Telephone: (916) 554-2760

Attorneys for Petitioners

IN THE UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, and BENNIE

LASTER, Revenue Officer, Internal Revenue

Service,

Petitioners,

v.

WILLIAM G. MOORE, JR.,

Respondent.

MISC. S-04-0265 DFL/PAN

PETITIONERS' NOTICE OF

COMPLIANCE AND REQUEST TO

CLOSE CASE; ORDER

Date: May 18, 2005

Time: 9:00 a.m.

Ctrm: 25 (8th Fl., PAN)

Petitioners report to the Court that respondent has complied with the IRS summons in suit. 

For that reason, petitioners request that the Court close the case.

Dated: May 23, 2005 McGREGOR W. SCOTT

United States Attorney

By: /s/ Y H T Himel 

YOSHINORI H. T. HIMEL

Assistant U. S. Attorney

Case 2:04-mc-00265-PAN-PAN Document 16 Filed 05/23/05 Page 1 of 3
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ORDER

The hearing previously set for May 25, 2005, at 9:00 a.m., is OFF CALENDAR.

The respondent having complied with the Order filed October 15, 2004, the case shall be

CLOSED.

It is SO ORDERED.

Dated: May 23, 2005. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

Case 2:04-mc-00265-PAN-PAN Document 16 Filed 05/23/05 Page 2 of 3
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CERTIFICATE OF SERVICE BY MAIL

The undersigned hereby certifies that she is an employee in the Office of the United

States Attorney for the Eastern District of California and is a person of such age and

discretion to be competent to serve papers.

That on May 23, 2005, she served a copy of 

PETITIONERS' NOTICE OF COMPLIANCE

AND REQUEST TO CLOSE CASE; ORDER

by placing said copy in a postpaid envelope, addressed to the person(s) hereinafter named, at

the place(s) and address(es) stated below, which is/are the last known address(es), and by

depositing said envelope and contents in the United States Mail at Sacramento, California.

Addressee(s):

Mr. William G. Moore, Jr.

8429 Mariners Dr. #79

Stockton, CA 95219

/s/ Pamela Beauvais 

PAMELA BEAUVAIS

Case 2:04-mc-00265-PAN-PAN Document 16 Filed 05/23/05 Page 3 of 3
II 

Calendar No. 693 

118TH CONGRESS 

2D SESSION H. R. 82 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 19, 2024 

Received 

DECEMBER 10, 2024 

Read the first time 

DECEMBER 11, 2024 

Read the second time and placed on the calendar 

AN ACT 

To amend title II of the Social Security Act to repeal the 

Government pension offset and windfall elimination provisions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Social Security Fair5 ness Act of 2023’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

HR 82 PCS

1 SEC. 2. REPEAL OF GOVERNMENT PENSION OFFSET PROVI2 SION. 

3 (a) IN GENERAL.—Section 202(k) of the Social Secu4 rity Act (42 U.S.C. 402(k)) is amended by striking para5 graph (5). 

6 (b) CONFORMING AMENDMENTS.— 

7 (1) Section 202(b)(2) of the Social Security Act 

8 (42 U.S.C. 402(b)(2)) is amended by striking ‘‘sub9 sections (k)(5) and (q)’’ and inserting ‘‘subsection 

10 (q)’’. 

11 (2) Section 202(c)(2) of such Act (42 U.S.C. 

12 402(c)(2)) is amended by striking ‘‘subsections 

13 (k)(5) and (q)’’ and inserting ‘‘subsection (q)’’. 

14 (3) Section 202(e)(2)(A) of such Act (42 

15 U.S.C. 402(e)(2)(A)) is amended by striking ‘‘sub16 section (k)(5), subsection (q),’’ and inserting ‘‘sub17 section (q)’’. 

18 (4) Section 202(f)(2)(A) of such Act (42 U.S.C. 

19 402(f)(2)(A)) is amended by striking ‘‘subsection 

20 (k)(5), subsection (q)’’ and inserting ‘‘subsection 

21 (q)’’. 

22 SEC. 3. REPEAL OF WINDFALL ELIMINATION PROVISIONS. 

23 (a) IN GENERAL.—Section 215 of the Social Security 

24 Act (42 U.S.C. 415) is amended— 

25 (1) in subsection (a), by striking paragraph (7); 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

HR 82 PCS

1 (2) in subsection (d), by striking paragraph (3); 

2 and 

3 (3) in subsection (f), by striking paragraph (9). 

4 (b) CONFORMING AMENDMENTS.—Subsections (e)(2) 

5 and (f)(2) of section 202 of such Act (42 U.S.C. 402) are 

6 each amended by striking ‘‘section 215(f)(5), 215(f)(6), 

7 or 215(f)(9)(B)’’ in subparagraphs (C) and (D)(i) and in8 serting ‘‘paragraph (5) or (6) of section 215(f)’’. 

9 SEC. 4. EFFECTIVE DATE. 

10 The amendments made by this Act shall apply with 

11 respect to monthly insurance benefits payable under title 

12 II of the Social Security Act for months after December 

13 2023. Notwithstanding section 215(f) of the Social Secu14 rity Act, the Commissioner of Social Security shall adjust 

15 primary insurance amounts to the extent necessary to take 

16 into account the amendments made by section 3. 

Passed the House of Representatives November 12, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Calendar No. 693 

118TH CONGRESS 

2D SESSION H. R. 82 

AN ACT 

To amend title II of the Social Security Act to reelimination provisions. peal the Government pension offset and windfall 

DECEMBER 11, 2024 

Read the second time and placed on the calendar 


kjohnson on DSK7ZCZBW3PROD with $$_JOB