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this opinion should not be published and is not precedent except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

Fifth Circuit

FILED

March 23, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-60188

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ERIC TUCKER,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Northern District of Mississippi

USDC No. 2:03-CR-136-1

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

Before SMITH, GARZA, and PRADO, Circuit Judges.

PER CURIAM:*

Eric Tucker pleaded guilty to accessory after the fact of

armed robbery and was sentenced to serve 46 months in prison and

a three-year term of supervised release. Tucker now appeals his

sentence. He contends that the district court misapplied the

Sentencing Guidelines and that his sentence is contrary to United

States v. Booker, 543 U.S. 220 (2005). These arguments are

unavailing. See United States v. Alonzo, 435 F.3d 551 (5th Cir.

2006); United States v. Mares, 402 F.3d 511, 520 (5th Cir.),
No. 05-60188

-2-

cert. denied, 126 S. Ct. 43 (2005); United States v. Burton,

126 F.3d 666, 669, 679 (5th Cir. 1997); United States v. Harris,

104 F.3d 1465, 1474-75 (5th Cir. 1997). The judgment of the

district court is AFFIRMED.
[Federal Register Volume 62, Number 19 (Wednesday, January 29, 1997)]
[Notices]
[Page 4261]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2077]


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


DEPARTMENT OF COMMERCE

National Weather Service Proposed Automation and Closure 
Certifications

SUMMARY: On January 7, 1997 (62 FR 981), the National Weather Service 
(NWS) published a notice and opportunity for public comment for 43 
proposed automation and closure certifications. Since that time, it has 
been determined that at six of these sites, NWS is not ready to proceed 
with the proposed certifications. Accordingly, this notice is to advise 
that these six proposed automation and closure certifications are being 
withdrawn.

ADDRESSES: Inquiries regarding these withdrawals should be directed to 
Tom Beaver, Room 09356, 1325 East-West Highway, Silver Spring, MD 
20910.

FOR FURTHER INFORMATION CONTACT:
Julie Scanlon at 301-713-1698 X151.

SUPPLEMENTARY INFORMATION: In compliance with Public Law 102-567, the 
Secretary of Commerce must certify that automating, consolidating, 
relocating, and closing any field office will not result in any 
degradation of service to the affected areas of responsibility. 
Further, the Secretary must publish the proposed certification in the 
Federal Register for a 60-day public comment period. This certification 
authority has been delegated to the Under Secretary for Oceans and 
Atmosphere.
    On January 7, 1997, the NWS published 43 proposed automation and 
closure certifications (62 FR 981). Since that time, it has been 
determined that at six of these sites, NWS is not ready to proceed with 
the proposed certifications. Accordingly, to avoid any confusion and 
ensure that the public does not waste time submitting comments 
unnecessarily, the NWS is withdrawing the following six proposed 
automation and closure certifications:
    (1) The residual Boston Weather Service Office (WSO);
    (2) Bridgeport, Connecticut WSO;
    (3) The residual Portland, Maine WSO;
    (4) Providence, Rhode Island WSO;
    (5) Hartford, Connecticut WSO; and
    (6) Worcester, Massachusetts WSO.
    The NWS will propose these certifications for a 60-day public 
comment period at a later date.

    Dated: January 23, 1997.
Elbert W. Friday, Jr.,
Assistant Administrator for Weather Services.
[FR Doc. 97-2077 Filed 1-28-97; 8:45 am]
BILLING CODE 3510-12-M
EXHIBIT 32.2



NOBEL LEARNING COMMUNITIES, INC.



CERTIFICATIONS REQUIRED BY

RULE 13a-14(b) UNDER THE SECURITIES EXCHANGE ACT OF 1934



In connection with the Annual Report of Nobel Learning Communities, Inc. (the Company) on Form 10-K for the fiscal year ended July 3, 2004, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Thomas Frank, Chief Financial Officer of the Company, certify, in connection with Rule 13a-14(b) under the Securities Exchange Act of 1934, as amended, that based on my knowledge:



(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/ Thomas Frank                          
|Name: Thomas Frank Chief Financial Officer
|                                          
|Date: September 14, 2004
No. 45374.

#### Protest 955318-G of F. E. Wolters Corp. (Los Angeles).

Opinion by

Keefe, J.

In accordance with stipulation of counsel the ham products in question were held dutiable at 3)4 cents per pound under paragraph 703 on the basis of the net weight of the contents of the cans less 10 percent allowance for the gelatinous material contained therein.
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 96-60120 

Summary Calendar

__________________

WILLIE HENRY JONES,

 Plaintiff-Appellant,

versus

CITY OF BILOXI; 

MISSISSIPPI BUREAU OF

NARCOTICS; SAMUEL W. OWENS;

MISSISSIPPI DEP'T OF PUBLIC

SAFETY; CHARLES MICHAEL TYSON;

JAY THOMAS EUBANKS; RICHARD

O'BANNON; ANDREW SCHERER,

 Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:95-CV-13-GR

- - - - - - - - - -

May 27, 1996

Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Willie Henry Jones argues that the district court abused its

discretion in dismissing his complaint as frivolous because the

defendants seized and forfeited his property without providing

him notice and a hearing and because his state court challenge to
No. 96-60120

-2-

the forfeiture proceeding was dismissed based on a racially

discriminatory application of the state statute of limitations.

This court does not have jurisdiction to review the state

court's dismissal of Jones' challenge to the state forfeiture

proceeding based on prescription. Liedtke v. State Bar of Texas,

18 F.3d 315, 317 (5th Cir.), cert. denied, 115 S. Ct. 271 (1994).

Jones' allegations that the statute of limitations was

applied in a racially discriminatory manner in his state court

suit are factually frivolous and cannot support an arguable

constitutional claim. Denton v. Hernandez, 504 U.S. 25, 31-32

(1992). 

AFFIRMED.
[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Notices]
[Pages 41427-41428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20352]


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

DEPARTMENT OF LABOR

Employment and Training Administration
[TA-W-32,450B and TA-W-32, 450B]


Texaco Trading & Transportation, Incorporated; Sidney, Montana; 
Amended Certification Regarding Eligibility to Apply for Worker 
Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273) the Department of Labor issued a Notice of Certification 
Regarding Eligibility to Apply for Worker Adjustment Assistance on 
August 8, 1996, applicable to workers of Texaco Trading & 
Transportation , Incorporated located in Glendive, Montana. The notice 
was published in the Federal Register on August 26, 1996 (61 FR 43791).
    At the request of the State Agency, the Department reviewed the 
certification for workers of the subject firm. The workers were engaged 
in activities related to the production of crude oil. New information 
reported by the State Agency shows that worker separations have 
occurred at Texaco Trading & Transportation, Incorporated's dispatch 
office in Sidney, Montana. The workers in Sidney provide support 
services for the production of crude oil.
    The intent of the Department's certification is to include all 
workers of Texaco Trading & Transportation, Incorporated who were 
affected by increased imports. Accordingly, the Department is amending 
the worker certification to include the workers of Texaco Trading & 
Transportation, Incorporated, Sidney, Montana.
    The amend notice applicable to TA-W-32,450 is hereby issued as 
follows:

    All workers of Texaco Trading & Transportation, Incorporated, 
Glendive, Montana (TA-W-32,450) and Sidney, Montana (32,450B), who 
became totally or partially separated from employment on or after 
May 28, 1995, are eligible to apply for adjustment assistance under 
Section 223 of the Trade Act of 1974.


[[Page 41428]]


    Signed at Washington, D.C. this 15th day of July 1997.
Curtis K. Kooser,
Acting Program Manager, Policy and Reemployment Services, Office of 
Trade Adjustment Assistance.
[FR Doc. 97-20352 Filed 7-31-97; 8:45 am]
BILLING CODE 4510-30-M
##### 



Exhibit 31.1
 Certification of Chief Executive Officer Pursuant To Rule 13a-14(a) Or
15d-14(a) Under The Securities Exchange Act of 1934
  1)
    
    I have reviewed this Quarterly Report on Form 10-Q of Emageon Inc.;2)
    
    Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made,
in light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;3)
    
    Based on my knowledge, the financial statements and other financial information
included in this report fairly present in all material respects the financial
condition, results of operations, and cash flows of the registrant as of and for the
periods presented in this report;4)
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange
Act Rules 13a-15 (e) and 15d-15(e) for the registrant and have:
 a)
    
    Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures 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 on such evaluation; 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 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:
 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.
  /s/ Charles A. Jett, Jr.Charles A. Jett, Jr.Chairman, Chief Executive Officer, and President(Principal Executive Officer)
#### James A. MOREAU v. Richard A. TONRY et al.

No. 59643.

Supreme Court of Louisiana.

April 7, 1977.

In re: Richard A. Tonry, applying for writ of certiorari, prohibition, mandamus and stay order.

Writ denied. In accordance with our previous decision, La., 343 So.2d 1386, the trial judge has jurisdiction to try this action of nullity of the judgment.

CALOGERO, J.,

a majority of this court has already ruled unfavorably to applicant on the legal issue presented in this application. For this reason I concur, while nonetheless agreeing with the sentiment expressed by my brother Dennis.

DENNIS, J.,

adheres to the view that this court should have granted a previous writ application in order to determine whether this civil litigation can have any actual legal effect on the parties so as to constitute a legitimate justiciable controversy. If it cannot, the evidence being gathered in this case should more properly be presented to a grand jury or a legislative committee.
First Amendment to Collaboration Agreement between the Company and Biogen Idec


 Exhibit 10.1 
 FIRST AMENDMENT TO 
 COLLABORATION AGREEMENT 
 THIS FIRST AMENDMENT TO COLLABORATION AGREEMENT (the
“Amendment”) amends the Collaboration Agreement entered into as of September 12, 2005 (the “Agreement”) by and between PDL BioPharma, Inc. (formerly Protein Design Labs, Inc.), a Delaware corporation
(“PDL”), and Biogen Idec MA Inc., a Massachusetts corporation (“Biogen Idec”). 
 RECITALS

 WHEREAS, the Parties desire to amend the Agreement to delete Section 16.4 of the Agreement regarding
consequences of a Change of Control (as defined in the Agreement), to permit the Agreement, as amended, to be assigned by either Party upon a Change of Control as provided in Section 18.1 of the Agreement without the consequences that would
have occurred under Section 16.4. 
 NOW THEREFORE, in consideration of the
foregoing premises and the mutual covenants contained herein, the Parties, intending to be legally bound, agree as follows: 
 1.
Capitalized Terms. The capitalized terms used herein shall have the same definitions as provided in the Agreement. 
 2. Deletion of
Section 16.4; No Other Amendment. Section 16.4 of the Agreement is hereby deleted in its entirety and Section 16.5 is renumbered as Section 16.4. Except as provided in this Section 2, the Agreement shall continue in full
force and effect. 






 This Amendment may be executed in counterparts, all of which taken together shall be regarded as one and
the same instrument. 
 IN WITNESS WHEREOF, the Parties have executed this First Amendment to Collaboration Agreement through their
duly authorized representatives to be effective as of November 1, 2007. 
  

									
	PDL BIOPHARMA, INC.	 		 	BIOGEN IDEC MA INC.
					
	By:	 	/s/ L. Patrick Gage	 		 	By:	 	/s/ James C. Mullen
	Title:	 	Interim Chief Executive Officer	 		 	Title:	 	Chief Executive Officer
	Date:	 	October 30, 2007	 		 	Date:	 	November 1, 2007
EXHIBIT 99.3
                                                                   ------------




                           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 Nestor,  Inc. (the  "Company") on
Form 10-K for the period ending  December 31, 2002 as filed with the  Securities
and Exchange Commission on the date hereof (the "Report"),  I, Nigel P. Hebborn,
President and Chief Financial  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 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; 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/ Nigel P. Hebborn
-------------------------------------------------------
Nigel P. Hebborn, President and Chief Financial Officer


March 28, 2003
[Federal Register Volume 62, Number 150 (Tuesday, August 5, 1997)]
[Notices]
[Page 42144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20596]


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

NATIONAL FOUNDATION FOR THE ARTS AND THE HUMANITIES


National Endowment for the Arts; Submission for OMB Review; 
Comment Request

July 31, 1997.
    The National Endowment for the Arts (NEA) has submitted the 
following public information collection request (IRC) to the Office of 
Management and Budget (OMB) for review and approval in accordance with 
the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 
35). Copies of this ICR, with applicable supporting documentation, may 
be obtained by calling the National Endowment for the Arts' Director of 
Guidelines and Panel Operations, A.B. Spelling (202) 682-5788.
    Comments should be sent to Office of Information and Regulatory 
Affairs, Attn: OMB Desk Officer for the National Endowment for the 
Arts, Office of Management and Budget, Room 10235, Washington, DC 20503 
(202) 395-7316), within 30 days from the date of this publication in 
the Federal Register.
    The OMB is particularly interested in comments which:

<bullet> Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
<bullet> Evaluate the accuracy of the agency's estimate of the burden 
of the proposed collection of information including the validity of the 
methodology and assumptions used;
<bullet> Enhance the quality, utility and clarity of the information to 
be collected; and
<bullet> Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

    Agency: National Endowment for the Arts.
    Title: The National Endowment for the Arts Panelist Profile Form.
    OMB Number: 3135-0098.
    Frequency: Renew every three years as required.
    Affected Public: Individuals.
    Number of Respondents: 1378.
    Estimated Time Per Respondent: 10 minutes.
    Total Burden Hours: 234 hours.
    Total Annualized Capital/Startup: 0.
    Total Annual Costs (Operating/Maintaining Systems or Purchasing 
Services): 0.
    Description: The National Endowment for the Arts Panelist Profile 
Form is used to collect basic information from qualified individuals 
who have been recommended for panel service. The collected information 
is entered into a computerized database which serves as a reference for 
Endowment staff to aid in assembling advisory panels which meet 
Congressional requirements for broad representation.
Murray Welsh,
Director, Administrative Services.
[FR Doc. 97-20596 Filed 8-4-97; 8:45 am]
BILLING CODE 7537-01-M
No. 99-7772.

#### Syvertson *v.*Heit.

Sup. Ct. N. D. Certiorari denied.
<PAGE>

                                                                    Exhibit 3.97

                              ARTICLES OF AMENDMENT
                                     TO THE
                            ARTICLES OF INCORPORATION
                                       OF
                          WESTCOTT COMMUNICATIONS, INC.

      Pursuant to the provisions of Articles 4.01 through 4.05 of the Texas
Business Corporation Act, the undersigned corporation adopts the following
Articles of Amendment to its Articles of Incorporation.

                                    ARTICLE I

      The name of the corporation is Westcott Communications, Inc. (the
"Corporation").

                                   ARTICLE II

      The following amendments to the Articles of Incorporation are adopted by
the Shareholders of the Corporation:

      1. The title of the Articles of Incorporation is hereby amended so as to
      be and read in its entirely as follows:

                           "ARTICLES OF INCORPORATION
                                       OF
                       PRIMEDIA Workplace Learning, Inc."

      2. Article One of the Articles of Incorporation is hereby amended so as to
      be and read in its entirely as follows:

                                  "ARTICLE ONE

                  The name of the corporation is PRIMEDIA Workplace Learning,
                  Inc., (the "Corporation")."

                                   ARTICLE III

      These amendments were adopted by the shareholders of the Corporation on
February 9, 1998.

<PAGE>

                                   ARTICLE IV

      The total number of outstanding shares of stock of the Corporation, all of
which are entitled to vote on these amendments, is 1,000 shares of Common Stock,
par value $.01 per share.

                                    ARTICLE V

      The number of shares voted for such amendment was 1,000 and the number of
shares voted against such amendment was 0.


Dated: February 9, 1998


                                       WESTCOTT COMMUNICATIONS, INC.


                                       By:
                                           --------------------------------
                                           Beverly Chell, Secretary