alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-20214

Summary Calendar

MARY DAVIDSON, ET AL., Plaintiffs

 SHERRY THOMPSON, Plaintiff-Appellant

VERSUS

GUARDIAN PLANS, INC., ET AL., Defendants-Appellees.

Appeal from the United States District Court

For the Southern District of Texas, Houston Division

(H-95-CV-1353)

November 19, 1997

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Plaintiff-appellant, Sherry Thompson, filed a charge of

discrimination with the EEOC on June 21, 1990 against Defendantappellee Service Corporation International (SCI). On September 11,

1992, the EEOC issued a determination and right to sue notice.

Thompson did not request review of this dismissal nor did the EEOC
2

issue a notice of intent to reconsider Thompson’s charge. Although

the earlier right to sue notice had not been revoked, a second

right to sue notice was issued by the EEOC on February 1, 1995.

This second notice was subsequently revoked. On May 2, 1995,

Thompson filed suit against Guardian Plans, Inc., SCI, Kenneth

Griffin, David Willis, and Garrison Wynn pursuant to the Civil

Rights Act of 1964, codified as 42 U.S.C. § 2000e et seq. Thompson

alleged disparate treatment and retaliation.

On October 22, 1996, the district court granted summary

judgment on Thompson’s claims in favor of all the defendants. With

regard to the the individual defendants, the district court

reasoned a Title VII suit cannot be maintained against employees in

their individual capacities and no evidence existed indicating that

Griffin, Willis, or Wynn were “employers” as defined by Title VII.

Summary judgment was granted in favor of the remaining defendants

as Thompson’s suit was not filed within the 90-day filing period

provided for in 42 U.S.C. § 2000e-5(f)(1) and no grounds under the

doctrine of equitable tolling existed for extending the filing

period. On appeal, Thompson argues that the district court erred

in finding her suit was not timely filed.

We have carefully reviewed the briefs, the record excerpts,

and the relevant portions of the record itself. We affirm for

substantially the same reasons stated by the district court.

AFFFIRMED.
Exhibit 32.1

TECO ENERGY, INC

Certification of Periodic Financial Report

Pursuant to 18 U.S.C. Section 1350

Each of the undersigned officers of TECO Energy, Inc. (the Company) certifies, under the standards set forth in and solely for the purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to his knowledge, the Quarterly Report on Form 10-Q of the Company for the quarter ended September 30, 2006 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |                        
|----------------------- |  | -----------------------
|Dated: November 6, 2006 |  | /s/ S. W. HUDSON       
|                        |  | S. W. HUDSON           
|                        |  | Chief Executive Officer
|                        | 
|Dated: November 6, 2006 |  | /s/ G. L. GILLETTE     
|                        |  | G. L. GILLETTE         
|                        |  | Chief Financial Officer

A signed original of this written statement required by Section 906, or other document authenticating,
acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.

The foregoing certification is being furnished to the Securities and Exchange Commission
as an exhibit to the Form 10-Q and shall not be considered filed as part of the Form 10-Q.
FRA 17-22

November 30, 2022

Contact: FRA Public Affairs

Tel.: (202) 493-6024 

FRAPA@DOT.gov

USDOT, Biden Administration Deliver $4.3 Billion in Funding to Amtrak in Year 

One of Bipartisan Infrastructure Law

Funds Will Support Station Improvements and Fleet Upgrades, Increasing Access and Quality for 

Riders 

WASHINGTON, D.C. – The U.S. Department of Transportation (USDOT) granted an unprecedented

$4.3 billion in funding to Amtrak this fall to modernize the intercity passenger rail network, most 

immediately funding improvements to Amtrak-served stations to meet Americans with Disabilities Act 

(ADA) standards, as well as fleet upgrades. Over the next five years, President Biden’s Bipartisan 

Infrastructure Law will invest a total of $22 billion in Amtrak, improving and expanding intercity 

passenger rail services nationwide and addressing long-delayed repairs and maintenance. 

“Americans deserve modern, safe, reliable passenger rail that gets them where they need to go,” said 

U.S. Transportation Secretary Pete Buttigieg. “Because of the historic investments our Administration is 

making, Amtrak will be able to connect more travelers all over the country to the places they’re going, 

the resources they need, and the people they love.”

The Bipartisan Infrastructure Law significantly increased Amtrak’s Annual Grant Program, which is 

administered by the Federal Railroad Administration (FRA). The legislation also provided additional 

supplemental funding, from which this year’s $4.3 billion comes. 

With $22 billion in infrastructure investments over five years, Amtrak will bring more than 280 Amtrakserved stations across the country into compliance with ADA standards. Funding will also be used to 

replace Amtrak’s existing fleet of over 1,000 railcars and locomotives with accessible, comfortable, 

state-of-the-art equipment. Portions of the new fleet will enter service this year, and over 525 new 

railcars and locomotives will begin service by the end of the decade. 

“This $4.3 billion investment not only advances a years-long mission of bringing Amtrak’s 

infrastructure to a state of good repair – it also makes intercity passenger rail a convenient and 

U.S Department of Transportation

Office of Public Affairs

1200 New Jersey Avenue, SE

Washington, DC 20590

www.transportation.gov/briefingroom 

News
accessible mode of travel for more Americans,” said FRA Administrator Amit Bose. “Through the 

Bipartisan Infrastructure Law, this Administration is poised to deliver the world-class passenger rail 

services people in communities across the country deserve.” 

Funding obligated to Amtrak will also address needed upgrades and upkeep to improve capacity, 

reliability, and working conditions on locomotive and railcar maintenance facilities, eliminate the 

infrastructure maintenance backlog, and invest in technology systems modernization and improvement. 

More information about FRA’s grants to Amtrak and the agency’s other intercity passenger rail efforts 

can be found on FRA’s website here. 

###
#### Gondrand Transport Corp. *v.*United States

No. 7379.

Invoice dated Dudley, England, August 11, 1945.

Entered at New York, N. Y., December 20, 1945.

Entry No. 728754.

(Decided September 15, 1947)

*Brooks & Brooks*for the plaintiff.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Oliver, Presiding Judge:

This appeal for reappraisement has been submitted for decision upon, the following stipulation of counsel for the parties hereto:

(Stipulation omitted.)

On the agreed facts I find the export value, as that value is defined in section 402 (d) of the Tariff Act of 1930, to be the proper basis for the determination of the value of the merchandise here involved, and that such values are the appraised values, less the additions made by the importer on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
Exhibit 4.3

                  FRANKLIN STREET PARTNERS LIMITED PARTNERSHIP

                               SECOND AMENDMENT TO
            THIRD AMENDED AND RESTATED LIMITED PARTNERSHIP AGREEMENT

      This Second Amendment to the Third Amended and Restated Limited
Partnership Agreement, dated as of January 1, 2000 (the "Partnership Agreement")
of Franklin Street Partners Limited Partnership, a Massachusetts limited
liability partnership (the "Partnership"), is made as of June 26, 2000 by and
among FSP General Partner LLC, a Massachusetts limited liability company ("FSP
LLC"), Scott H. Carter and Jeffrey B. Carter as limited partners (the "Class B
Limited Partners") and those Persons listed on Schedule II to the Partnership
Agreement as limited partners (the "Limited Partners"). Capitalized terms used
herein and otherwise defined shall have the respective meanings ascribed to them
in the Partnership Agreement.

      WHEREAS, the Partnership was formed as a limited partnership pursuant to
an Agreement of Limited Partnership dated as of January 24, 1997, as amended to
date in the form of the Partnership Agreement, and a Certificate of Limited
Partnership dated as of February 4, 1997, filed with the Office of the Secretary
of State of the Commonwealth of Massachusetts on February 4, 1997;

      WHEREAS, Section 8.04 of the Partnership Agreement provides that the
General Partner and a majority in interest of the Limited Partners may amend the
Partnership Agreement; and;

      WHEREAS, a majority in interest of the Limited Partners have consented to
the adoption of this Second Amendment.

      NOW, THEREFORE, for good and valuable consideration, the receipt of which
is hereby acknowledged, it is hereby agreed that the Partnership Agreement is
amended as follows:

      A new Section 6.04 in the form attached hereto as Appendix A is hereby
added to the Partnership Agreement.

      Except as specifically amended hereby, the Partnership Agreement shall
remain in full force and effect.


                                      -1-
<PAGE>

      IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment
as of June 26, 2000.

                                GENERAL PARTNER:

                                FSP GENERAL PARTNER LLC

                                By: /s/ George J. Carter
                                    --------------------------------------------
                                    George J. Carter, Managing Member


                                CLASS B LIMITED PARTNERS
                                AND LIMITED PARTNERS:

                                By: /s/ George J. Carter
                                    --------------------------------------------
                                    George J. Carter, their attorney-in-fact


                                      -2-
No. 56107.

protests 123357-K, etc. (New York).

#### National Distillers Products Corp. et al. *v.*United States,

Opinion by

Johnson, 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.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEAN ALLEN STEEVES, 

Plaintiff-Appellant, 

 v. 

UNITED STATES INTERNAL REVENUE 

SERVICE, 

Defendant-Appellee.

No. 22-56219 

D.C. No. 3:22-cv-00931-WQH-DDL 

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

William Q. Hayes, District Judge, Presiding

Submitted March 26, 2024**

Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Dean Allen Steeves appeals pro se from the district court’s order dismissing 

for lack of subject matter jurisdiction his action seeking to void notices of intent to 

levy issued by the Internal Revenue Service (“IRS”). We have jurisdiction under 

28 U.S.C. § 1291. We review de novo. Dexter v. Colvin, 731 F.3d 977, 980 (9th 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAR 29 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 22-56219 

Cir. 2013). We affirm.

The district court properly dismissed Steeves’s action as barred by the AntiInjunction Act (“the Act”) because it is an attempt to restrain the IRS’s tax 

assessment and collection activities, and no exception applies. See 26 U.S.C. 

§ 7421(a) (listing statutory exceptions); Elias v. Connett, 908 F.2d 521, 523, 525 

(9th Cir. 1990) (explaining that the district court “must dismiss for lack of subject 

matter jurisdiction any suit that does not fall within one of the exceptions to the 

Act” and setting forth limited judicial exception). 

We do not consider arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Steeves’s motion to correct a typo in the reply brief (Docket Entry No. 25) is 

granted. All other pending motions and requests are denied. 

AFFIRMED.
EXHIBIT 32.2



CERTIFICATION PURSUANT TO

SECTION OF 906 OF
THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with the Quarterly Report of Texas Industries, Inc. (the Company) on Form 10-Q for the period
ended February 29, 2004 (the Report), I, Richard M. Fowler, Executive Vice President-Finance of the Company, hereby certify that to my knowledge:



(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 results of operations of the Company.



|       |  |               |  |  |  |  |  |                                                                               
|------ |  | ------------- |  |  |  |  |  | ------------------------------------------------------------------------------
|       |  |               |  | 
|Dated: |  | April 8, 2004 |  |  |  |  |  | /s/    Richard M. Fowler                                                      
|       |  |               |  |  |  |  |  |                                                                               
|       |  |               |  |  |  |  |  | Richard M. Fowler Executive Vice
PresidentFinance and Chief Financial Officer



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



-40-
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 106 Agreed to Senate (ATS)]

109th CONGRESS
  1st Session
S. RES. 106

  Congratulating the University of Denver Pioneers men's hockey team, 
    2005 National Collegiate Athletic Association Division I Hockey 
                               Champions.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 13, 2005

   Mr. Salazar (for himself and Mr. Allard) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
  Congratulating the University of Denver Pioneers men's hockey team, 
    2005 National Collegiate Athletic Association Division I Hockey 
                               Champions.

Whereas the Denver Pioneers first won the National Collegiate Athletic 
        Association (NCAA) Hockey Championship in 1958;
Whereas the University of Denver has won 7 NCAA Division I Men's Hockey 
        Championships, including back-to-back championships in 2004 and 2005;
Whereas on April 9, 2005, the University of Denver won the Frozen Four with a 
        hard fought victory over the University of North Dakota Fighting Sioux; 
        and
Whereas the Championship ended a terrific season in which the University of 
        Denver outscored its opponents 170 to 109 and had a record of 31-9-2: 
        Now, therefore, be it
    Resolved, That the Senate congratulates the University of Denver 
Pioneers men's hockey team, Coach George Gwozdecky, and Chancellor 
Daniel Ritchie on an outstanding championship season, a season which 
solidifies the Pioneers' status among the elite in collegiate hockey.
                                 <all>
```
# C_2008326EN.01000402.xml

| 20.12.2008 | EN | Official Journal of the European Union | C 326/4 |
| --- | --- | --- | --- |

20.12.2008

EN

Official Journal of the European Union

C 326/4

---

Non-opposition to a notified concentration

(Case COMP/M.5383 — Salzgitter/Norddeutsche Affinerie)

(Text with EEA relevance)

(2008/C 326/04)

On 15 December 2008, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32008M5383. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32008M5383. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
TEXACO INC.'S 1999 QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED
MARCH 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                              JAN-1-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                             263
<SECURITIES>                                        85
<RECEIVABLES>                                    3,510
<ALLOWANCES>                                        27
<INVENTORY>                                      1,296
<CURRENT-ASSETS>                                 5,464
<PP&E>                                          35,861
<DEPRECIATION>                                  21,048
<TOTAL-ASSETS>                                  28,079
<CURRENT-LIABILITIES>                            4,493
<BONDS>                                          6,784
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        625
<COMMON>                                         1,753
<OTHER-SE>                                       9,398
<TOTAL-LIABILITY-AND-EQUITY>                    28,079
<SALES>                                          6,914
<TOTAL-REVENUES>                                 7,190
<CGS>                                            5,450
<TOTAL-COSTS>                                    6,009
<OTHER-EXPENSES>                                   876
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 121
<INCOME-PRETAX>                                    184
<INCOME-TAX>                                      (15)
<INCOME-CONTINUING>                                199
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       199
<EPS-PRIMARY>                                     0.35<F1>
<EPS-DILUTED>                                     0.35
<FN>
<F1>EPS-PRIMARY REPRESENTS BASIC EARNINGS PER SHARE IN ACCORDANCE WITH STATEMENT
OF FINANCIAL ACCOUNTING STANDARD 128.
</FN>
        

</TABLE>
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

In connection with the Quarterly Report of TSR, Inc. (the "Company") on Form
10-Q for the period ended February 28, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, J.F. Hughes, Chief
Executive 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 result of operations of the Company.

The forgoing certification is incorporated solely for the purposes of complying
with the provisions of Section 906 of the Sarbanes-Oxley Act and is not intended
to be used for any other purpose.



/s/ J.F. Hughes
------------------------------
Chairman of the Board,
Chief Executive Officer
and Director
April 2, 2007
S. Con. Res. 61 Agreed to October 27, 2005

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

Concurrent Resolution

Resolved by the Senate (the House of Representatives concurring), That, in recognition of the historic contributions of Rosa

Parks, her remains be permitted to lie in honor in the rotunda

of the Capitol from October 30 to October 31, 2005, so that the

citizens of the United States may pay their last respects to this

great American. The Architect of the Capitol, under the direction

and supervision of the President pro tempore of the Senate and

the Speaker of the House of Representatives, shall take all necessary steps for the accomplishment of that purpose.

Attest:

Secretary of the Senate.

Attest:

Clerk of the House of Representatives.