alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Local Rule 47.5.1 provides: "The publication of

opinions that merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-50466 Conference Calendar

__________________ ARDELL NELSON, Petitioner-Appellant,

versus WAYNE SCOTT, Director, Texas Department of Criminal Justice, Institutional Division; DAN MORALES, Attorney General, Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. A-94-CV-794

- - - - - - - - - - December 20, 1995 Before DAVIS, STEWART, and PARKER, Circuit Judges.
PER CURIAM: * Ardell Nelson filed a petition under 28 U.S.C. § 2254 challenging his conviction for aggravated sexual assault of a child. For the first time on appeal, Nelson asserts that the prosecutor argued that the jury should convict him in order to protect the community. Nelson has not shown that not considering this claim would result in manifest injustice. Varnado v. Lynaugh , 920 F.2d 320, 321 (5th Cir. 1991).No. 95-50466 -2- Nelson's bare assertion that his counsel had been ineffective because he failed to impeach the credibility of state witnesses is not sufficient to show that his counsel's performance was deficient or that his defense was prejudiced by counsel's alleged deficient performance. See Strickland v. Washington , 466 U.S. 668, 687 (1984). The trial court's decision to permit the 10-year-old victim's school counselor to testify that the victim was telling the truth was clearly error. See Duckett v. State , 797 S.W.2d 906, 920 (Tex.Crim.App. 1990). However, this court reviews state court evidentiary rulings in a habeas petition only if the error "is of such magnitude as to constitute a denial of fundamental fairness under the due process clause." Skillern v. Estelle , 720 F.2d 839, 852 (5th Cir. 1983), cert. denied , 469 U.S. 873 (1984) (internal citation omitted). Although the admission of the counselor's testimony may have caused some prejudice to the appellant, a careful review of the trial record leads us to conclude that the error did not rise to the level of constitutional magnitude necessary to justify habeas corpus relief. Nelson's argument that the prosecutor improperly argued that the victim was truthful demonstrates no error of constitutional magnitude. Edwards v. Scroggy , 849 F.2d 204, 210 (5th Cir. 1988), cert. denied , 489 U.S. 1059 (1989); see United States v. Washington , 44 F.3d 1271, 1279 (5th Cir.), cert. denied , 115 S. Ct. 2011 (1995).
AFFIRMED.
No. 40227.

#### Protest 835585-G of Minamoto Trading Co. (San Francisco).

Opinion by

Sullivan, J.

It was found that carved cornelian disks, carved crystal, and carved rose quartz bars with floral designs are used in the manufacture of jewelry. Whether or not it is the predominant use therefor is not shown. The protest was therefore overruled. *United States*v. *Cohn*(19 C. C. P. A. 137, T. D. 45259) and G. A. 8982 (T. D. 40833) cited.
**CERTIFICATION      PURSUANT TO**

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

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | (1) | The                Report, to which this certification is attached as Exhibit 32.1,                fully                complies with the requirements of section 13(a) 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                Registrant |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                            |                                                          |                                     |
|-------------------------------------------------|---------------------------------------------------------------|------------------------------------------|
|                                            |                                                          |                                     |
| Dated:              April              10, 2008 |                                                          | /s/              Gary              Koren |
|                                            | Gary              Koren, Chief Executive              Officer |

|        |                                                 |                                           |
|--------|------------------------------------------------------|------------------------------------------------|
|   |                                                 |                                           |
|   |                                                 | /s/ Michal              Moses   |
|   | Michal                Moses, Chief Financial Officer |

----
Exhibit 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by
reference in Registration Statements Nos. 333-114926 and 333-156639 on Form S-3 and Registration Statement Nos. 333-68576, 333-68578, 333-68580, 333-108210, 333-109079 and 333-142447 on Form S-8 of Virginia Commerce Bancorp, Inc. and subsidiaries of
our reports dated March 19, 2010, relating to our audits of the consolidated financial statements and internal control over financial reporting, which appear in this Annual Report on Form 10-K of Virginia Commerce Bancorp, Inc. and subsidiaries
for the year ended December 31, 2009.



|                    
|--------------------
|LOGO                
|                    
|Winchester, Virginia
|March 19, 2010
No. 41855.

#### Protests 924889-G, etc., of Wm. Shaland (New York).

Opinion by

Dallinger, J.

It was stipulated that the merchandise consists of savings banks similar to those the subject of Abstract 38680. The claim at 40 percent under paragraph 339 was therefore sustained.
EXHIBIT 32.1
                            CERTIFICATION PURSUANT TO
                 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned James Charles, President of Oriole Inc. 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 annual report on Form 10-KSB of Oriole Inc. for the year ended December
31, 2004 (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 Oriole Inc.

Dated: April 11, 2005

/s/ James Charles
-----------------
James Charles
President
(Principal Executive Officer)
ex10-1.htm


Exhibit 10.1

 



 

 

March 23, 2015

 

GulfMark Offshore, Inc.

842 West Sam Houston Parkway North

Suite 400

Houston, Texas 77024

 

Dear Sir:

 

I propose and voluntarily agree to a 15% reduction in my annual base salary effective as of the first full payroll period commencing after this date. I agree that this reduction in my annual base salary will not be a breach of any agreements I have with the company.

 

Sincerely,

 

 

/s/ Quintin V. Kneen                           

Quintin V. Kneen 

President and CEO

GulfMark Offshore, Inc.

 

 

Agreed:

 

 

/s/ James M. Mitchell                         

James M. Mitchell

Executive Vice President and Chief Financial Officer

GulfMark Offshore, Inc.
No. *56509.*

protests 177017-K, etc. (New York).

#### E. H. & A. C. Friedrichs Co. et al. *v.*United States,

Opinion by

Rao, J.

The protests were dismissed.
FI L ED U.S. COURT OF APPEAL S EL EVENTH CI RCUI T J UL Y 6, 2011 J OHN L EY CL ERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

__ __ __ __ __ __ __ __ __ __ __ __ No. 0 9- 16 35 9

__ __ __ __ __ __ __ __ __ __ __ __ D.C. Dock et No. 0 3- 01 85 5 C V-HTW -1 KH OUTD OOR, L.L.C., GRANITE STATE OUTDOOR ADV ERTISING, INC., Pl ai nt iff s- App el la nt s,
ve rs us FULTON COUNTY , GEORGIA, Defen da nt -Ap pe ll ee.

__ __ __ __ __ __ __ __ __ __ __ __ App eal fro m

th e Uni te d S ta te s Di st ric t Co ur t fo r th e Nor th ern Dis tri ct of Ge or gi a

__ __ __ __ __ __ __ __ __ __ __ __ (J ul y 6, 2 01 1) Befo re EDMONDSON, MARTIN an d C OX, Circ ui t J ud ge s. PER CURI AM: KH Out do or , LLC an d Gran it e St at e Out do or Adv e r t is in g, In c. (co ll ect iv el y

“ th e ad ve rti si ng co m

pa ni es ”) su ed Fu lt on Co un ty, Geo rg ia un de r 42 U.S.C. § 19 83 ,al le gi ng , a m on g o th er cl ai m s, t ha t Fu lt on Co un ty’ s i m pr op er p ro ces si ng an d de ni al of sev eral bi ll bo ard ap pl ic at io ns vi ol at ed th e Fi rs t Am en dm en t t o t he Uni te d St at es Co ns ti tu ti on . The di st ric t co ur t di sm is se d th e ad ve rti si ng co m pa ni es ’ cl ai m s fo r la ck of st an di ng . Th e t h res ho ld is su e in th is ap pe al is whe th er th e di st ric t co ur t erre d i n
co nc lu di ng th at th e ad ve rti si ng co m pa ni es la ck ed st an di ng to as se rt th ei r cl ai m s. The di st ric t co ur t de te rm in ed th at th e co m pa ni es la ck ed st an di ng ba se d on Ful to n Co un ty

v . Gal be ra it h , 64 7 S.E.2d 24 (Ga. 20 07 ). The co ur t in te rp ret ed Gal be ra i t h a s in va li da ti ng on ly a few di st in ct pr ov is io ns of th e Fu lt on Co un t y Si gn Ord in an ce, rat h e r t h a n t h e Ord in an ce as a who le

. The co ur t th en reas on ed th at , be cau se ot he r
va li d res tri ct io ns in th e Ord in an ce pr ecl ud e th e ad ve rti si ng co m pa ni es fro m erec ti ng th ei r pr op os ed si gn s, th e ad ve rti si ng co m pa ni es can no t de m on st rat e a red res sa bl e in jury. The Su pr em e Co ur t of Geo rg ia ha s no w he ld th at t h e d i s tri ct co ur t’s in te rp ret at io n of Gal be ra it h is in co rrec t. In Ful to n Co un ty v. Acti on Out do o r Adv er ti si ng

, JV,

_ _ S

. E.2 d_ _, Nos

. S1 1A0 02 3, S1 1A0 10 1, 20 11 W L 23 05 97 4 (Ga. Ju ne 13 , 20 11 ) , t h e Su pr em e Co ur t cl ari fie d th at th e Gal be ra it h de ci si on “ st ru ck do wn as un co ns ti tu ti on al no t on ly th e reg ul at or y pr ov is io ns ap pl ic ab le to bi ll bo ard s bu t t he en ti re Fu lt on Co un ty sig n o rd in an ce[.]” Id

. at *1

.
2Bec au se Acti on Out do or ha s no w m ad e cl ear th at th e di st ric t co ur t’s st an di ng

de te rm in at io n was fo un de d on an in co rrec t in t e r p r e t a ti on of Gal be ra it h , we va cat e th e di st ric t co ur t’s jud gm en t an d r e man d th is cas e to th e di st ric t co ur t fo r
reco ns id erat io n i n l ig ht of Acti on Out do or . VACATED AN D REMANDED.

3
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 Income Properties, Inc. (the Company) on Form 10-Q for the period ended June 30, 2007, 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, 2007 and December 31, 2006, and its results of operations for the quarters and six months ended June 30, 2007 and 2006.



|                      |  |  |  |                       |  |                                                     
|--------------------- |  |  |  | --------------------- |  | ----------------------------------------------------
|                      |  |  |  | /s/ Tammie A. Quinlan
|Date: August 10, 2007 |  |  |  | Name:                 |  | Tammie A. Quinlan                                   
|                      |  |  |  | Title:                |  | Executive Vice President and Chief Financial Officer
#### The People of the State of New York, Respondent, v Kennedy Brown Appellant.

[633 NYS2d 516]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered April 9, 1993, convicting him of robbery in the first degree, robbery in the second degree, criminal possession of stolen property in the fourth degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. This appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress identification testimony.

Ordered that the judgment is modified, on the law, by reversing the conviction of robbery in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

It was error for the trial court to grant the People’s motion to amend the first count of the indictment, charging the defendant with robbery in the first degree, by deleting the words "displayed what appeared to be [a knife]” and inserting the words "used or threatened the immediate use of a dangerous instrument to wit [a knife]”. This amendment was "an *354impermissible substantive change in the indictment which cannot stand” *(People v Chicas,*204 AD2d 476, 477; *see also, People v Perez,*83 NY2d 269, *modfg*191 AD2d 285).

The defendant’s remaining contentions are without merit. Sullivan, J. P., Altman, Hart and Friedmann, JJ., concur.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8537 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 8537

  To require a study on public health impacts as a consequence of the 
      February 3, 2023, train derailment in East Palestine, Ohio.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2024

Mr. Joyce of Ohio (for himself and Ms. Kaptur) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To require a study on public health impacts as a consequence of the 
      February 3, 2023, train derailment in East Palestine, Ohio.

    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 ``East Palestine Health Impact 
Monitoring Act of 2024''.

SEC. 2. STUDY ON PUBLIC HEALTH IMPACTS AS A CONSEQUENCE OF THE TRAIN 
              DERAILMENT IN EAST PALESTINE, OHIO.

    (a) In General.--The Secretary of Health and Human Services 
(referred to in this section as the ``Secretary'') shall award a grant, 
contract, or cooperative agreement to an eligible entity for purposes 
of conducting a longitudinal study on any human health effects as a 
consequence of the February 3, 2023, train derailment in East 
Palestine, Ohio, and subsequent venting and burning of chemicals.
    (b) Eligible Entity.--To be eligible for the award under subsection 
(a), an entity shall be a consortium of public or private institutions 
of higher education that demonstrates requisite capacity and expertise 
to carry out the study described in such subsection. The Secretary 
shall give additional consideration to eligible entities that have 
established relationships within the affected communities.
    (c) Reports.--The Secretary shall submit to the Committee on 
Health, Education, Labor, and Pensions of the Senate and the Committee 
on Energy and Commerce of the House of Representatives--
            (1) not later than 2 years after the date on which an award 
        is made pursuant to subsection (a), a report summarizing the 
        progress of such study, including a description of any 
        challenges related to conducting such study and an anticipated 
        timeline for completion of such study and publication of 
        results; and
            (2) not later than 1 year after publication of such 
        results, a report describing such results and any ongoing or 
        planned activities of the Secretary to support or conduct 
        further research and, as appropriate, otherwise address such 
        results.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for fiscal year 2025, to 
remain available until September 30, 2029, to carry out this Act.
                                 <all>
```
[Federal Register Volume 72, Number 59 (Wednesday, March 28, 2007)]
[Notices]
[Page 14516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5715]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

Order No. 1508


Grant of Authority for Subzone Status, Medline Industries, Inc., 
(Medical Supply Distribution), Lathrop, California

    Pursuant to its authority under the Foreign-Trade Zones Act of 
June 18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade 
Zones Board (the Board) adopts the following Order:
    WHEREAS, the Foreign-Trade Zones Act provides for ''. . . the 
establishment . . . of foreign-trade zones in ports of entry of the 
United States, to expedite and encourage foreign commerce, and for 
other purposes,'' and authorizes the Foreign-Trade Zones Board to grant 
to qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs ports of entry;
    WHEREAS, the Board's regulations (15 CFR Part 400) provide for the 
establishment of special-purpose subzones when existing zone facilities 
cannot serve the specific use involved, and when the activity results 
in a significant public benefit and is in the public interest;
    WHEREAS, the Port of Stockton (California), grantee of Foreign-
Trade Zone 231, has made application for authority to establish 
special-purpose subzone status at the medical supply warehousing and 
distribution facility of Medline Industries, Inc., in Lathrop, 
California (Docket 26-2006, filed 6-15-2006);
    WHEREAS, notice inviting public comment was given in the Federal 
Register (71 FR 35610, 6-21-2006); and,
    WHEREAS, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
Board's regulations are satisfied, and that approval of the application 
is in the public interest;
    NOW, THEREFORE, the Board hereby grants authority for subzone 
status for activity related to medical supply warehousing and 
distribution at the Medline Industries, Inc., facility located in 
Lathrop, California (Subzone 231A), as described in the application and 
Federal Register notice, and subject to the FTZ Act and the Board's 
regulations, including Section 400.28.
    Signed at Washington, DC, this 20\th\ day of March 2007.

David M. Spooner,
Assistant Secretary of Commercefor Import Administration,Alternate 
ChairmanForeign-Trade Zones Board.
    Attest:
Andrew McGilvray,
Executive Secretary.
[FR Doc. E7-5715 Filed 3-27-07; 8:45 am]
BILLING CODE 3510-DS-S
##### 



EXHIBIT 31
 CERTIFICATION PURSUANT TO
18 USC, SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES OXLEY ACT OF 2002
  1.
    
    I have reviewed this annual report on Form 10-KSB of Pacific Fuel Cell
Corp. (the Registrant or the Company);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 in order 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.
    
    I am responsible for establishing and maintaining disclosure controls
and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the Registrant and have;
 a.
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedure 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 upon such evaluations; andc.
    
    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 (the registrants fourth quarter in the
case of an annual report) 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 the
registrants Board of Directors (or persons performing the equivalent
function):
 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; andb.
    
    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: March 26, 2008
    /s/ George SuzukiGeorge Suzuki, Chief Executive Officerand Chief Financial Officer
No. 53627.

protests 58586-K, etc. (New York).

#### Cohen Bros. of Greenwich, Inc., et al. *v.*United States,

Opinion by

Ekwall, J.

For the reasons stated in *Austin, Nichols & Co., Inc.*v. *United States*(22 Cust. Ct. 33, C. D. 1155), the claim of the plaintiffs was sustained.
Case No. 9,114.

#### MARSH v. COMMISSIONER OF PATENTS.

[The case reported under above title in 3 Biss. 321, is the same as Case No. 9,119.]