alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Edwin WILLIAMS, Plaintiff-Appellee, v. Mike BLAKELY, Sheriff of Limestone County, Alabama, individually and in his official capacity as Sheriff of Limestone County, Alabama, Defendant-Appellant.

No. 05-10659

Non-Argument Calendar.

D.C. Docket No. 04-02495-CV-J-NW.

United States Court of Appeals, Eleventh Circuit.

Sept. 1, 2005.

Gary L. Willford, Jr., Daryl L. Masters, Charles Richard Hill, Jr., Bart Gregory Harmon, Webb & Eley, P.C., Montgomery, AL, for Defendant-Appellant.

J. Wilson Mitchell, Mitchell, Bernauer, Winborn *&*Austin, Florence, AL, James Mendelsohn, Birmingham, AL, for Plaintiff-Appellee.

Before ANDERSON, BIRCH and BLACK, Circuit Judges.

PER CURIAM:

Mike Blakely, Sheriff of Limestone County, Alabama, appeals the district court’s denial of his motion to dismiss Edwin Williams’ 42 U.S.C. § 1983 complaint against him. After reviewing Williams’ complaint, we determine the district court did not err in denying Sheriff Blakely’s motion to dismiss.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains financial information extracted from the first quarter
1998 10-Q and is qualified in ints entirety by reference to such 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-31-1999
<PERIOD-END>                               MAY-02-1998
<CASH>                                          17,170
<SECURITIES>                                         0
<RECEIVABLES>                                   81,768
<ALLOWANCES>                                         0
<INVENTORY>                                     57,547
<CURRENT-ASSETS>                               171,219
<PP&E>                                         221,321
<DEPRECIATION>                                  96,435
<TOTAL-ASSETS>                                 439,738
<CURRENT-LIABILITIES>                           87,566
<BONDS>                                        102,651
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,338
<OTHER-SE>                                     208,232
<TOTAL-LIABILITY-AND-EQUITY>                   439,738
<SALES>                                        164,615
<TOTAL-REVENUES>                               164,615
<CGS>                                          121,272
<TOTAL-COSTS>                                  121,272
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,969
<INCOME-PRETAX>                                 19,361
<INCOME-TAX>                                     8,325
<INCOME-CONTINUING>                             11,036
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,036
<EPS-PRIMARY>                                    $0.83
<EPS-DILUTED>                                    $0.79
        

</TABLE>
<PAGE> 21

                                                                EXHIBIT 3.1

                           U.S. HOME CORPORATION

                         CERTIFICATE OF RETIREMENT

                      (pursuant to Section 243 of the
             General Corporation Law of the State of Delaware)

                  U.S. Home Corporation, a corporation organized and existing
under   the  General  Corporation  Law  of  the  State  of  Delaware  (the
"Corporation"),

                  DOES HEREBY CERTIFY:

                  FIRST: That at a meeting of the Board of Directors of the
Corporation a resolution  was duly adopted which  identified  shares of the
capital stock of the  Corporation,  which,  to the extent  hereinafter  set
forth, have the status of retired shares (the "Retired Shares").

                 SECOND:  The Retired  Shares which were converted into an
equal number of shares of common stock, .01 par value per share, as of June
30, 1995,  are identified as being an aggregate of Two Million Four Hundred
Seventy-Four  Thousand  Three  Hundred  Fifty-Eight  (2,474,358)  shares of
Convertible Redeemable Preferred Stock with a par value of $0.10 per share.

                  THIRD:  That the Restated Certificate of Incorporation of
the Corporation, as  filed  on   June 18, 1993,   as amended (the "Restated
Certificate"), prohibits the reissue of the shares of Convertible Redeemable
Preferred   Stock   when  so  retired and provides that such shares will be
restored to the status of authorized but unissued shares of Preferred Stock
of the Corporation without designation as to series;  and pursuant  to  the
provisions  of Section 243 of the General  Corporation  Law of the State of
Delaware,  upon the  effective  date of the filing of this  Certificate  as
therein  provided,  it shall  have the  effect  of  amending  the  Restated
Certificate  so as to  reduce  the  authorized  number  of  shares  of  the
Convertible  Redeemable  Preferred  Stock to the extent of Two Million Four
Hundred Seventy-Four Thousand Three Hundred Fifty-Eight (2,474,358) shares,
being the total number of shares  retired.  As a result of such  amendment,
the aggregate  number of authorized  shares of Preferred Stock shall not be
reduced  and the  authorized  number of shares  of  Convertible  Redeemable
Preferred  Stock shall be Four Hundred  Twenty-Five  Thousand Seven Hundred
Sixty-Five (425,765).

                 FOURTH:  The  capital  of  the  Corporation  shall  not be
reduced by or in connection with the retirement of the shares of Convertible
Redeemable Preferred Stock.


<PAGE> 22

                 IN WITNESS  WHEREOF,  the  Corporation  has  caused  this
certificate to be signed by Isaac Heimbinder,  President,  this 11th day of
September, 1995.

                          By: \s\ Isaac Heimbinder
                              --------------------------
                              ISAAC HEIMBINDER
                              President
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 19-0450V

UNPUBLISHED

MICHELLE A. MILLER, also known as 

MICHELLE MILLER GORSKI,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 22, 2021

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

John L. DeFazio, Viola Cummings and Lindsay, LLP, Niagara Falls, NY, for Petitioner.

Mallori Browne Openchowski, U.S. Department of Justice, Washington, DC, for 

Respondent.

RULING ON ENTITLEMENT1

On March 26, 2019, Michelle A. Miller filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2

(the 

“Vaccine Act”). Petitioner alleges that she suffered “left shoulder impingement syndrome”

and “Glenohumeral Internal Rotation Deficit” that was caused-in-fact by an influenza 

(“flu”) vaccine that was administered on October 3, 2016. Petition at 1. The case was 

assigned to the Special Processing Unit of the Office of Special Masters.

On January 21, 2021, Respondent filed his Rule 4(c) report in which he concedes

that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government 

Services). This means the ruling will be available to anyone with access to the internet. In accordance 

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, 

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that 

the identified material fits within this definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

1. Specifically, Respondent states that “[P]etitioner’s alleged injury is consistent with a 

SIRVA [shoulder injury related to vaccine administration], as defined on the Vaccine Injury 

Table.” Id. at 4. Respondent further agrees that Petitioner suffered the residual effects of 

her injury for more than six months. Id.

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
(Reap. Dec. 9595)

#### Gehrig, Hoban & Co., Inc. *v.*United States

Entry No. 952289, etc.

(Decided February 11, 1960)

*Barnes, Richardson & Colburn*for tbe plaintiff.

*George Cochran Boub,*Assistant Attorney General, for tbe defendant.

Lawrence, Judge:

The appeals for a reappraisement enumerated in the schedule, attached to and made part of this decision, present the question of the proper dutiable value of certain scientific instruments.

These cases have been submitted for decision upon a stipulation of fact wherein it has been agreed that the merchandise and the issues herein are the same in all material respects as the merchandise and *569issues in the case of *Fisher Scientific Company*v. *United*States, 42 Cust. Ct. 657, Reap. Dec. 9444, the record in which case has been incorporated herein.

The parties have further stipulated and agreed that the prices at the time of exportation of the instant merchandise to the United States, at which such or similar merchandise was freely offered for sale for home consumption to all purchasers in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade, including the cost of all containers and coverings of whatever nature, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, were the invoice unit values plus packing, as invoiced. It was also stipulated and agreed that on or about the dates of exportation of the merchandise in issue such or similar merchandise was not freely offered for sale for export to the United States.

Upon the record before the court, I find and hold that foreign value, as that value is defined in section 402 (c) of the Tariff Act of 1930 (19 U.S.C. §1402 (c)), as amended by the Customs Administrative Act of 1938, is the proper basis of value for the merchandise in issue and that said value is represented by the invoice unit values plus packing, as invoiced. As to all other merchandise, the appeals are dismissed.

Judgment will issue accordingly.
#### Tiffany & Co. *v.*United States

No. 6756.

Entry No. 719323.

Invoice dated London, England, August 25, 1941.

Certified August 25, 1941.

Entered at New York, N.' Y., October 11, 1941.

(Decided January 14, 1947)

*Sharretts & Hillis (Hadley S. King*of counsel) for the plaintiff.

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

Cline, 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 32.2
 
 
 
 Certification of CFO Pursuant to
 18 U.S.C. Section 1350,
 As Adopted Pursuant to
 Section 906 of the Sarbanes-Oxley Act of 2002
 
 
 
 In connection with the Quarterly Report of U.S. Energy Corp. (the "Company") on Form 10-Q for the period ended March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Robert Scott Lorimer, Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, 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.
 
 
 
 
 /s/  Robert Scott LorimerRobert Scott Lorimer,Chief Financial OfficerMay 10, 2010
 
 
 This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
 
 A signed original of this written statement required by Section 906 has been provided to U.S. Energy Corp. and will be retained by U.S. Energy Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                    Exhibit 32.1

                       Certification Furnished Pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report on Form 10-Q of Unifab International,
Inc. (the "Company") for the period ended June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, who is the Principal Executive Officer of the Company, certifies
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
            Section 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 for the period covered by the Report.

                                            /s/ William A. Hines
                                            ------------------------------------
                                            Name:  William A. Hines.
                                            Title: Principal Executive Officer
                                            Date:  August 14, 2004

                                      27
Exhibit 32.2

Certification of the Chief Financial Officer

Pursuant to 18 U.S.C. 1350

(Section 906 of the Sarbanes-Oxley Act of 2002)

 

I, Frederic F. Brace, the Executive Vice President and Chief Financial Officer of United Air Lines, Inc. (the "Company") certify that to the best of my knowledge, based upon a review of the quarterly report on Form 10-Q for the period ended September 30, 2003 of the Company (the "Report"):

(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.

 

 

 

/s/ Frederic F. Brace

Frederic F. Brace

United Air Lines, Inc.

Executive Vice President and Chief Financial Officer

October 30, 2003
_________________________________________ 

 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 29, 2006 Clifford W. Taylor,

 Chief Justice 

Michael F. Cavanagh 

Elizabeth A. Weaver 131658 & (22)(28) Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. 

Stephen J. Markman, PEOPLE OF THE STATE OF MICHIGAN, Justices 

Plaintiff-Appellee, 

v SC: 131658 

 COA: 266799 

Saginaw CC: 93-008251-FC 

RAYMOND SAENZ,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 9, 2006 order of 

the Court of Appeals is considered, and it is DENIED, because the defendant has failed to 

meet the burden of establishing entitlement to relief under MCR 6.508(D). The motions 

to remand are DENIED. 

d1120 

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

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

November 29, 2006 

 Clerk
(Reap. Dec. 9596)

#### Brother International Corp. Globe Shipping Co., Inc. *v.*United States

Entry No. 824571.

(Decided February 11, 1960)

Plaintiffs not represented by counsel.

*George Ooohran Doul),*Assistant Attorney General, for the defendant.

Lawrence, Judge:

When the above-enumerated appeal for a reap-praisement was called for hearing, there was no appearance on behalf of plaintiffs.

An examination of the official record discloses no reason for disturbing the presumptively correct value for the merchandise found by the appraiser.

*570I, therefore, find and hold the proper dutiable value of the merchandise covered by said appeal to be the value found by the appraiser.

Judgment will be entered accordingly.
# C_2016156EN.01004401.xml

| 2.5.2016 | EN | Official Journal of the European Union | C 156/44 |
| --- | --- | --- | --- |

2.5.2016

EN

Official Journal of the European Union

C 156/44

---

Order of the General Court of 11 March 2016 — Binca Seafoods v Commission

(Case T-94/15) (1)

1

((Action for annulment - Implementing Regulation (EU) No 1358/2014 - No prorogation of the transitory measure concerning aquaculture animals laid down in Article 95(11) of Regulation (EC) No 889/2008 - Lack of locus standi - Inadmissibility))

(2016/C 156/59)

Language of the case: German

Parties

Parties

Applicant: Binca Seafoods GmbH (Munich, Germany) (represented by: H. Schmidt, lawyer)

Applicant:

Defendant: European Commission (represented by: K. Walkerová, H. Kranenborg and G. von Rintelen, acting as Agents)

Defendant:

Re:

Re:

Application for annulment of Commission Implementing Regulation (EU) No 1358/2014 of 18 December 2014 amending Regulation (EC) No 889/2008 laying down detailed rules for the implementation of Council Regulation (EC) No 834/2007 as regards the origin of organic aquaculture animals, aquaculture husbandry practices, feed for organic aquaculture animals and products and substances allowed for use in organic aquaculture (OJ 2014 L 365, p. 97).

Operative part of the order

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Binca Seafoods GmbH shall pay the costs. |
| --- | --- |

2.

Binca Seafoods GmbH shall pay the costs.

---

(1)  OJ C 155, 11.5.2015.

1

---
<PAGE>

Exhibit 99.1

                           UNIFAB INTERNATIONAL, INC.
                               ANNOUNCES AGREEMENT

New Iberia, LA - (Business Wire) - April 26, 2002-- UNIFAB International, Inc.
(NASDAQ: UFAB) UNIFAB International, Inc. and Midland Fabricators and Process
Systems, L.L.C. jointly announced today the execution of their agreement whereby
Midland will acquire a controlling interest in Unifab. Under the Agreement,
shareholders of Unifab would retain a 10% ownership interest and would be
offered the right to purchase an additional 15% of the Company at a price that
is below the closing sale price of Unifab Common Stock on April 26, 2002.
Consummation of the proposed transaction between Unifab and Midland is subject
to various conditions.

Midland is owned 100% by William A. Hines and his family. Mr. Hines was a
director of Unifab from 1998 until March 2001 and owns numerous companies
involved in the oil field service industry. He will serve the Company as
Chairman of the Board.

Prior to consummation of the proposed transaction, Peter J. Roman will serve as
the interim president and chief executive officer of Unifab, replacing Jerome E.
Chojnacki. Mr. Roman has been the Company's chief financial officer since the
Company became publicly traded in June 1997. Mr. Roman stated, "Our board
believes that our association with Mr. Hines, who is a well known and well
respected partner in this industry, will be of tremendous benefit to our
shareholders, employees and customers."

UNIFAB International, Inc. is an industry leader in the custom fabrication of
topsides facilities, equipment modules and other structures used in the
development and production of oil and gas reserves. The Company designs and
manufactures specialized process systems, refurbishes and retrofits existing
jackets and decks, provides design, repair, refurbishment and conversion
services for oil and gas drilling rigs and performs offshore piping hook-up and
platform maintenance services

Statements made in this news release regarding UNIFAB's expectations as to
future operations of UNIFAB and other statements included herein that are not
statements of historical fact are forward-looking statements that depend upon
the following factors, among others: continued demand for the services provided
by UNIFAB, availability of skilled employees, UNIFAB's ability to replace the
current credit facility and UNIFAB's ability to integrate and manage acquired
businesses. Should any of these factors not continue as anticipated, actual
results and plans could differ materially from those expressed in the
forward-looking statements.


                                       12
Exhibit 32.2

                                  CERTIFICATION

                PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT
         OF 2002 (SUBSECTIONS (A) AND (B) OF SECTION 1350, CHAPTER 63 OF
                          TITLE 18, UNITED STATES CODE)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), the
undersigned officer of SonomaWest Holdings, Inc., a California corporation (the
"Company"), does hereby certify that: The Quarterly Report on Form 10-Q for the
quarter ended December 31, 2003 (the "Form 10-Q") of the Company fully complies
with the requirements of section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934 and that the information contained in the Form
10-Q fairly presents, in all material respects, the financial condition and
results of operations of the Company.


                                   Dated: : February 12, 2004


                                   /s/ Thomas R. Eakin
                                   -----------------------
                                   Thomas R. Eakin
                                   Chief Financial Officer


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


                                       -1-