alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 16-3814

___________________________

Marvin Douglas Sundquist

lllllllllllllllllllll Plaintiff - Appellant

v.

State of Nebraska; Nebraska Attorney General’s Office; Ed Vierk, Assistant

Nebraska Attorney General; Nebraska Department of Health and Human Services;

Ruth Schuldt, Probation Compliance Monitor; Douglas J. Peterson; Courtney Phillips

lllllllllllllllllllll Defendants - Appellees

____________

Appeal from United States District Court 

for the District of Nebraska - Omaha

____________

 Submitted: June 28, 2017

Filed: July 12, 2017

[Unpublished]

____________

Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. 

____________

PER CURIAM.
Marvin Sundquist appeals from the adverse judgment the district court1

 entered

in his action asserting a deprivation of his rights while he was in the process of

seeking, and ultimately obtaining, a license from the State of Nebraska to practice

massage therapy. He challenges the denial of a motion to amend his complaint and

the adverse grant of summary judgment.

We first conclude that the denial of Sundquist’s motion to amend was not an

abuse of discretion. See Popoalii v. Corr. Med. Servs., 512 F.3d 488, 497 (8th Cir.

2008) (noting that decisions regarding a plaintiff’s motion to amend its complaint are

reviewed for abuse of discretion). We further conclude that summary judgment was

appropriately granted for the reasons stated by the district court. See Beaulieu v.

Ludeman, 690 F.3d 1017, 1024 (8th Cir. 2012) (explaining that a grant of summary

judgment is reviewed de novo, viewing the record in the light most favorable to

nonmovant). Accordingly, we affirm. See 8th Cir. R. 47B. 

______________________________

1

The Honorable John M. Gerrard, United States District Judge for the District

of Nebraska.

-2-
Exhibit 32.2

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 China BAK Battery, Inc. (the Company) on Form 10-QSB/A
for the period ended June 30, 2005 as filed with the Securities Exchange Commission on the date hereof (the Report). I, Han Yongbin, Chief Financial 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; and
|--- | ---------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 22, 2006



By:

/s/ Han YongbinHan Yongbin Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000102438
<NAME> USP REAL ESTATE INTESTMENT TRUST
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                         845,581
<SECURITIES>                                         0
<RECEIVABLES>                                  586,687
<ALLOWANCES>                                   288,023
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,665,624
<PP&E>                                      40,493,090
<DEPRECIATION>                              11,722,681
<TOTAL-ASSETS>                              31,682,381
<CURRENT-LIABILITIES>                        1,179,418
<BONDS>                                     14,578,979
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,880,000
<OTHER-SE>                                  12,043,984
<TOTAL-LIABILITY-AND-EQUITY>                31,682,381
<SALES>                                              0
<TOTAL-REVENUES>                             2,513,740
<CGS>                                                0
<TOTAL-COSTS>                                1,221,462
<OTHER-EXPENSES>                               235,047
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             727,709
<INCOME-PRETAX>                                329,522
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            329,522
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   329,522
<EPS-PRIMARY>                                      .08
<EPS-DILUTED>                                      .08
        

</TABLE>
EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

I, Richard Davidson, Chief Financial Officer of
Kintera, Inc. (the Registrant), do hereby certify in accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:

(1) the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report), 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.

Date: May 10, 2007

|                                                                      
|----------------------------------------------------------------------
|                                                                      
|/s/ Richard Davidson                                                  
|Richard Davidson Chief Financial Officer
(Principal Financial Officer)
[Federal Register Volume 72, Number 89 (Wednesday, May 9, 2007)]
[Notices]
[Page 26338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8908]


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

DEPARTMENT OF COMMERCE

International Trade Administration

(C-580-835)


Stainless Steel Sheet and Strip from the Republic of Korea: 
Extension of Time Limit for Preliminary Results of Countervailing Duty 
Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: May 9, 2007.

FOR FURTHER INFORMATION CONTACT: Preeti Tolani, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-0395.

SUPPLEMENTARY INFORMATION:

Background

    On September 29, 2006, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of the administrative 
review of the countervailing duty order on stainless steel sheet and 
strip in coils from the Republic of Korea covering the period of review 
January 1, 2005, through December 31, 2005. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews, 71 FR 57465 
(September 29, 2006). The preliminary results are currently due no 
later than May 3, 2007.

Extension of Time Limit for Preliminary Results

    Section 751(a)(3)(A) of the Tariff Act of 1930, as amended (``the 
Act''), requires the Department to make a preliminary determination 
within 245 days after the last day of the anniversary month of an order 
or finding for which a review is requested. Section 751(a)(3)(A) of the 
Act further states that if it is not practicable to complete the review 
within the time period specified, the administering authority may 
extend the 245-day period to issue its preliminary results by up to 120 
days.
    Due to the complexity of the issues in this administrative review, 
we have determined that it is not practicable to complete the 
preliminary results of this review within the 245-day period. 
Therefore, in accordance with section 751(a)(3)(A) of the Act, we are 
extending the time period for issuing the preliminary results of the 
review by 120 days. The preliminary results are now due no later than 
August 31, 2007. The final results continue to be due 120 days after 
publication of the preliminary results.
    This notice is issued and published in accordance with section 
751(a)(3)(A) of the Act.

    Dated: May 2, 2007.
Stephen J. Claeys.
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-8908 Filed 5-8-07; 8:45 am]
BILLING CODE 3510-DS-S
Before the Second Division,

October 22, 1942

No. 47658.

#### Protests 63619-K, etc., of Bacharach Industrial Instrument Co. (Pittsburgh).

*434Opinion by

Dallinger, J.

In accordance with stipulation of counsel and on the authority of *Bacharach Industrial Instrument Co.*v. *United States*(8 Cust. Ct. 237, C. D. 614) the protests were sustained.
Order entered October 17, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00213-CV

MICHAEL DWAIN WILLIAMS, Appellant

V.

LUPE VALDEZ, SHERIFF, Appellee

On Appeal from the 160th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-17-09709

ORDER

Before the Court is appellant’s motion for correction of reporter’s record. Appellant 

asserts the reporter’s record contains several mistakes and asks the matter be referred to the trial 

court.

We GRANT the motion and ORDER the trial court to conduct a hearing, no later than 

November 19, 2018, to determine if the reporter’s record contains any inaccuracies as alleged in 

appellant’s motion. See Tex. R. App. P. 34.6(e)(3). If inaccuracies are found, the court reporter 

shall conform the reporter’s record to what occurred in the trial court and file certified 

corrections in this Court. See id. 

The trial court shall file, no later than November 26, 2018, written findings and shall 

have a supplemental clerk’s record containing the findings and any relevant orders filed with the 
Court. The record of the hearing shall also be filed in a supplemental reporter’s record. Both 

supplemental records shall be filed no later than November 28, 2018. 

We DIRECT the Clerk of the Court to send a copy of this order and appellant’s motion 

to (1) the Honorable Jim Jordan, Presiding Judge of the 160

th Judicial District Court; and (2) 

Sharron Rankin, Official Court Reporter for the 160th Judicial District Court. A copy of this 

order shall also be sent to the parties.

We ABATE the appeal, including the deadline for filing appellant’s brief on the merits,

to allow the trial court an opportunity to conduct the requested hearing. The appeal will remain 

abated until further order of this Court.

/s/ DAVID EVANS 

JUSTICE
Exhibit 10.1


 


January 4,
2008


 


Stephen
A. Hill


26
Dole Hill Lane


Boxford,
MA  01921


 


RE:  Employment Agreement between ArQule, Inc.
(the “Company”) and

Stephen A. Hill dated as of January 1, 2004 and amended as of October 4,
2007

(the “Agreement”).


 


Dear
Steve,


 


You
and the Board of Directors of the Company have been discussing the possibility
of your leaving the Company based on your desire to pursue other career
interests.  The conclusion of the members
of the Board, including yourself, is that it is important for succession
planning purposes to set a date certain at which time you will no longer serve
as an officer or director of the Company. In order to maintain continuity
during this period of transition you will continue to serve as President and
Chief Executive Officer and a director of the Company until March 31,
2008, at which time you shall resign those positions.


 


With
that understanding, this letter will serve to amend the Agreement solely to
provide that, upon your resignation and notwithstanding any other provision of
the Agreement, you will receive the payments and benefits provided for in Section 16
of the Agreement to the same extent as if a termination without “Cause” had
occurred and the “Notice Period” had commenced, subject to the conditions and
limitations contained in that Section, until the first anniversary of this
letter.  The other terms of the Agreement
shall remain in force and unchanged.


 


If
the foregoing is consistent with our mutual understanding, please indicate your
agreement by signing one of the enclosed counterparts of this letter in the
space indicated below and returning it to my attention


 


Thank
you for your continued cooperation in this transition.


 


ArQule, Inc.


 


	
  /s/Patrick
  J. Zenner

  	
   

  
	
  Patrick
  J. Zenner

  
	
  Chairman
  of the Board of Directors

  
	
   

  	
   

  
	
   

  	
   

  
	
  Acknowledged
  and agreed:

  
	
   

  
	
  /s/
  Stephen A. Hill

  	
   

  
	
  Stephen
  A. Hill

  
	
  January 7,
  2008

  
			



 


1
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statements No. 333-112347, No. 333-107469, No. 333-118660 and No. 333-113625 onForm S-3 and Registration Statements No. 333-77509 and No. 333-79605 on Form S-8 of our report dated October 7, 2005, relating to the consolidated financial statements of Navigant International, Inc. (which report expresses an unqualified opinion onsuch financial statements and includes an explanatory paragraph concerning the Company’s change in its method of accounting for earnings per share) and our report dated October 7, 2005, on internal control over financial reporting (which reportexpresses an adverse opinion on the effectiveness of internal control over financial reporting because of material weaknesses) appearing in this Annual Report on Form 10-K of Navigant International, Inc. for the year ended December 26, 2004.

 

/s/ Deloitte & Touche LLP 

 

Deloitte & Touche LLP 

Denver, Colorado 

October 7, 2005
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 375 Introduced in House (IH)]

110th CONGRESS
  2d Session
H. CON. RES. 375

To honor the goal of the International Year of Astronomy, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 20, 2008

 Ms. Giffords submitted the following concurrent resolution; which was 
          referred to the Committee on Science and Technology

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
To honor the goal of the International Year of Astronomy, and for other 
                               purposes.

Whereas the year 2009 represents the 400th Anniversary of Galileo's astronomical 
        use of the telescope;
Whereas the year 2009 has been designated the International Year of Astronomy 
        (IYA) by the United Nations and UNESCO;
Whereas astronomical observations and discoveries have profound implications for 
        the development of science, philosophy, culture, and our general 
        conception of our place in the Universe;
Whereas astronomy is one of the oldest basic sciences and contributes 
        fundamentally to the ultimate context of all other sciences;
Whereas astronomy and astronomical discoveries continue to capture the 
        imagination of the American people;
Whereas the United States is the home of the most advanced astronomical research 
        in the world;
Whereas the many creative programs and activities planned in the United States 
        for IYA 2009 are strongly supported by the staff, missions, and 
        observatories of the National Science Foundation and the National 
        Aeronautics and Space Administration;
Whereas science and technology awareness and education play a critical role in 
        the economic success of the United States; and
Whereas the astronomical sciences inspire students to study science, 
        mathematics, engineering, and technology: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That the Congress--
            (1) honors the goal of the International Year of Astronomy 
        to celebrate astronomical discoveries;
            (2) encourages the public to participate in IYA 
        celebrations and activities and discover more about the 
        Universe and the science of astronomy; and
            (3) applauds the efforts of the employees, centers, and 
        laboratories of the National Aeronautics and Space 
        Administration and the National Science Foundation in promoting 
        public understanding of the astronomical sciences during the 
        celebration of the International Year of Astronomy.
                                 <all>
```
Case No. 6,529.

#### GONG BELL CO. v. CLARK.

[See Case No. 5.]
#### L. A. Consmiller, Inc., et al. *v.*United States

No. 6485.

Entry No. 719725, etc.

Invoices dated Glasgow, Scotland, September 10, 1941, etc.

Certified September 10, 1941, etc.

Entered at New York, N. Y., October 15, 1941, etc.

(Decided November 1, 1946)

*Brooks <& Brooks*for the plaintiffs.

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

Kinoheloh, Judge:

The appeals for reappraisement listed in schedule A, hereto attached and made a part hereof, have 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 importers on entry because of advances by the appraiser in similar cases.

Judgment will be rendered accordingly.
Exhibit 13.2



                            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 Annual Report of Fundtech Ltd. (the "Company") on Form
20-F for the year ended December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Yoram Bibring, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

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

(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date:  June 29, 2004

                                    /s/ Yoram Bibring
                                    ----------------------------
                                    Yoram Bibring
                                    Chief Financial Officer
                                    (Principal Financial Officer)









A signed original of this written statement required by Section 906 has been
provided to Fundtech Ltd. and will be retained by Fundtech Ltd. and furnished to
the Securities and Exchange Commission or its staff upon request.
No. 48164.

#### Protests 20121-K, etc., of Dunlap, Alpers & Mott (New York).

Opinion by

Tilson, J.

The hats in question, not blocked or trimmed, and not bleached, dyed, colored, or stained, were held dutiable under paragraph 1504 (b) (1), as claimed, on the authority of Abstract 46497 and in accordance with stipulation of counsel.
<PAGE>   1

                                                                   Exhibit 3.11

                 AMENDMENT TO BY-LAWS OF WIP TECHNOLOGIES, INC.
               Adopted by Unanimous Written Consent of Shareholder
                                November 12, 1999

         The Corporation's By-laws be, and hereby are, amended, by striking out
         Article II, Section 2.01 which reads as follows:

                  SECTION 2.01. NUMBER, ELECTION AND TERM OF OFFICE. The number
                  of directors which shall constitute the full Board of
                  Directors shall be determined by resolution of the board of
                  directors or by the stockholders at the annual meeting
                  provided, however, that in no event shall the number of
                  directors be less than three or more than eleven. Each
                  director shall hold office for the term for which he is
                  elected and thereafter until his successor is duly elected or
                  until his prior death, resignation or removal. Directors need
                  not be stockholders.

         and replacing with the following new Article II, Section 2.01:

                  SECTION 2.01. NUMBER, ELECTION AND TERM OF OFFICE. The number
                  of directors which shall constitute the full Board of
                  Directors shall be determined by resolution of the board of
                  directors or by the stockholders provided, however, that in no
                  event shall the number of directors be less than two or more
                  than eleven. Each director shall hold office for the term for
                  which he is elected and thereafter until his successor is duly
                  elected or until his prior death, resignation or removal.
                  Directors need not be stockholders.
<SEQUENCE>4
<FILENAME>mcert321-093003.txt
                                                                 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 Uptowner Inns, Inc.
(the "Company") on Form 10-Q for the period ending September 30, 2003
as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), the undersigned, Chief Executive Officer of the Company,
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 Report fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934; and

(2)	The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.



/s/ Carl E. Midkiff
Chief Executive Officer
November 12, 2003
No. 53271.

#### American Express Co. *v.*United States,

protest 52247-K/90146 (Chicago).

*344Opinion by

Ekwall, J.

It was stipulated that the issue herein is the same in all material respects as that presented in *The Otto Gerdau Co.*v. *United States*(21 Cust. Ct. 24, C. D. 1120), and *Mamary Bros., Inc.*v. *United States*(id. 135, C. D. 1142). In accordance therewith it was held that the currency of the invoice should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on the entry. The protest was sustained to this extent.
No.53228.

#### Butler Brothers *v.*United States,

protest 46197-K (San Francisco).

Opinion by

Ekwall, J.

It was stipulated that the issue herein is the same in all material respects as that presented in *Mamary Bros., Inc.*v. *United States*(21 Cust. Ct. 135, C. D. 1142). In accordance therewith it was held that the currency of the invoice should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on the entry. The protest was sustained to this extent.