alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. 1

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-50606 Summary Calendar

HERMAN WHITE, Plaintiff-Appellant,

versus AMALIA R. MENDOZA, Defendant-Appellee.

___________________________________________ Appeal from the United States District Court for the Western District of Texas USDC No. A-97-CV-855

____________________________________________

June 29, 1999 Before DAVIS, DUHÉ and PARKER, Circuit Judges.
PER CURIAM: * Herman White, Texas prisoner # 684880, proceeding pro se , appeals the district court’s grant of summary judgment against White and the dismissal of his 42 U.S.C. § 1983 suit. He argues that Amalia Mendoza, clerk of the state district court for Travis County, violated White’s right of access to the courts when she failed to timely forward his state habeas record to the Texas Court of Criminal Appeals in accordance with T EX . C ODE C RIM . P.2

art. 11.07 § 3(b) and (c) and the state district court judge’s order that the record be so transmitted. We review the grant of summary judgment de novo . Guillory v. Domtar Industries, Inc. , 95 F.3d 1320, 1326 (5th Cir. 1996). Summary judgment is warranted when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact.” Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett , 477 U.S. 317, 322 (1986). The summary judgment evidence showed that Mendoza was not personally involved with the forwarding of White’s state habeas record to the Texas Court of Criminal Appeals, that Mendoza could not otherwise be held liable in her supervisory capacity, and that White failed to show how he was prejudiced by the delayed transmittal of his state habeas record to the Texas Court of Criminal Appeals. The district court properly granted Mendoza’s summary judgment motion, denied of White’s motion for summary judgment, and dismissed White’s § 1983 suit. White’s motion for this court to issue a certificate of appealability is DENIED as unnecessary and his motion to appoint appellate counsel is DENIED. AFFIRMED. MOTIONS DENIED.
<PAGE>

Exhibit 99.2

                        AMENDMENT TO EMPLOYMENT AGREEMENT

         This Amendment to Employment Agreement (this "AMENDMENT"), dated as of
April 2, 2003, is made and entered into among eResource Capital Group, Inc., a
Delaware Corporation ("COMPANY") and Melinda Morris Zanoni, an individual
resident of the State of North Carolina ("EXECUTIVE").

                              W I T N E S S E T H:

         WHEREAS, Company and Executive entered into that certain Employment
Agreement (the "AGREEMENT") dated as of November 7, 2002;

         WHEREAS, the Agreement provided for the extension of a Line of Credit
from the Company to the Executive in order to pay taxes resulting from stock
ownership in the Company (the "LOC");

         WHEREAS, the LOC has never been borrowed against by Executive; and

         WHEREAS, COMPANY AND EXECUTIVE HAVE AGREED TO AMEND THE AGREEMENT IN
ORDER TO DELETE THE PROVISION REGARDING THE LOC.

         NOW, THEREFORE, in consideration of the agreement contained herein and
other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Company and Executive, intending to be legally bound,
hereby agree as follows.

1.       DELETION OF SECTION 1.8. Section 1.8 of the Agreement entitled "Line
of Credit" shall be deleted in its entirety.

2.       GENERAL. The Agreement and this Amendment constitute the entire
understanding and agreement between Executive and Company with respect to the
subject matter hereof and supersede all prior understandings and agreements
between any of the parties with respect thereto, whether oral or written,
express or implied. Except as amended herein, the Agreement shall remain
unchanged and in full force and effect and the Company and Executive hereby
ratify, approve and confirm same in all respects. This Amendment shall be
governed by and construed in accordance with the laws of the State of Delaware
without regard to the conflict of laws provisions thereof.

         IN WITNESS WHEREOF, the parties have duly executed this Amendment as of
the date set forth above.

COMPANY:                                               EXECUTIVE:

eRESOURCE CAPITAL GROUP, INC.

By:___________________________________                 _________________________
   Michael D. Pruitt                                   MELINDA MORRIS ZANONI
   Its: President
#### Lucille BELLARD v. Virginia O’NORA et al.

No. 60532.

Supreme Court of Louisiana.

Oct. 14, 1977.

In re: Lucille Bellard applying for certio-rari, or writ of review to the Court of Appeal, Third Circuit, Parish of St. Landry. 348 So.2d 228.

Writ denied.

DIXON, J.,

dissents and would grant the writ, believing the parking of the truck was a cause in fact.
From: Withey, Charlotte [mailto:Withey.Charlotte@epa.gov] 

Sent: Thursday, January 09, 2014 3:46 PM

To: Withey, Charlotte; George Tsiolis

Cc: 'Giff, Jennifer'

Subject: RE: Arizona RHR FIP - Tribal Consultation Between EPA, SRPMIC and 

PCC

George and Jennifer,

Happy New Year! I just wanted to check in and see whether your clients had any 

additional information they wished to share with EPA prior to our proposal. 

Please let me know at your earliest convenience if we can expect to receive 

anything in the near future.

Thanks,

Charlotte 

Charlotte Withey

Office of Regional Counsel

U.S. EPA Region 9

75 Hawthorne Street

San Francisco, CA 94105

Tel: (415) 972-3915

Fax: (415) 947-3570

withey.charlotte@epa.gov
From: <Alicea.Jezebele@epamail.epa.gov>

To: <LColeman@mge.com>

Date: 7/21/2010 12:56 PM

Subject: Re: Extension Request for Effluent Guidelines Information Collection Request

Attachments: pic24209.gif; Blount EGL ICR Extension Request.pdf; WCCF ELG ICR Extension 

Request.pdf

Greetings,

EPA has reviewed your extension request for the steam electric effluent

guidelines questionnaire for the following Madison Gas and Electronic

Company (MGEC) facilities:

 Blount Street Generating Station

 West Campus Cogeneration Facility

The deadline for your plant to submit Version 2 of the completed

questionnaire is extended to October 15, 2010. Please note that no

extensions are granted for Versions 4 of the questionnaire; the deadline

for plants receiving this questionnaire remains 90 days after receipt.

If you need assistance during the completion of the steam electric

questionnaire, please contact the steam electric helpline via e-mail at

steamhelp@erg.com or by phone at 1-877-353-7560.

Sincerely,

(Embedded image moved to file: pic24209.gif)

 

 From: LColeman@mge.com 

 To: Jezebele Alicea/DC/USEPA/US@EPA 

 Date: 07/06/2010 09:03 AM 

 Subject: Extension Request for Effluent Guidelines Information Collection Request

Ms. Alicea,

Madison Gas and Electric (MGE) is requesting an extension for the Blount

Generating Station (Plant ID 09534) and the West Campus Cogeneration

Facility (Plant ID 07029) submittal deadline for the Effluent Guidelines

Information Collection Request. Please see the attached letters for the

formal extension request.
Thank You,

Laura Coleman

Environmental Specialist

Madison Gas and Electric Co.

P.O. Box 1231

Madison, WI 53701

608/252-5607(See attached file: Blount EGL ICR Extension Request.pdf)

(See attached file: WCCF ELG ICR Extension Request.pdf)
[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Notices]
[Page 43326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21304]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3710-000]


Wisconsin Public Service Corporation; Notice of Filing

August 7, 1997.
    Take notice that on July 18, 1997, Wisconsin Public Service 
Corporation (WPSC) tendered for filing an executed Transmission Service 
Agreement between WPSC and itself. The Agreement provides for 
transmission service under the Open Access Transmission Service Tariff, 
FERC Original Volume No. 11.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426 
in accordance with Rules 211 or 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 385.214). All such motions 
or protests should be filed on or before August 20, 1997. Protests will 
be considered by the Commission in determining the appropriate action 
to be taken but will not serve to make the protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-21304 Filed 8-12-97; 8:45 am]
BILLING CODE 6717-01-M
Docket No: FAA - 2015 - 1427 Dir ID: 2013 - NM - 203 - AD
#### Bobby Mitchell STEVENS v. ZURICH INSURANCE COMPANY.

No. 6338.

Court of Appeal of Louisiana, Third Circuit.

March 7, 1978.

Earl B. Taylor, Opelousas, for plaintiff-appellant.

Lewis & Lewis, James T. Guglielmo, Opelousas, for defendant-appellee.

Before DOMENGEAUX, WATSON and GUIDRY, JJ.

WATSON, Judge.

This is an appeal of a tort claim, by Bobby Mitchell Stevens, plaintiff, who alleges that he was injured while attempting to ride a horse owned by Jeff Benhard, whose liability insurer is defendant, Zurich Insurance Company. The issue on appeal is whether the trial court erred in finding that plaintiff assumed the risk of injury, thus precluding recovery under the strict liability doctrine of *Holland v. Buckley,*305 So.2d 113 (La., 1974).

The issue for decision is mostly factual. Stated briefly, the facts are that plaintiff, Bobby Mitchell Stevens, was present at a ranch owned by Mr. Benhard and managed by Jimmy Stevens, brother of plaintiff. Bobby was injured while attempting to ride a horse “Nancy” which had been saddled by Antoine “Blue” Bell, a long-time employee of the ranch. On the day prior to Bobby’s accident, the horse had thrown Bell, causing a slight cut to his chin. Although it is disputed, there is a contention that Bell had been instructed to put the horse aside for further training.

In any event, Bell had saddled the horse on the day of Bobby’s accident and was preparing to ride the horse himself. Bobby *12undertook to ride the horse and according to Bell’s testimony the horse fell down and Bobby dismounted. Then despite Bell’s warning, Bobby got back on the horse and the horse fell on Bobby’s leg, causing a serious injury.

The trial court found as a fact that Bobby had ample opportunity, after the horse began bucking to dismount safely. Our review of the record indicates a reasonable evidentiary basis for this finding; in fact, the record indicates that Bobby was probably off the horse after it had begun bucking, as Bell testified, and actually remounted to attempt to ride the horse again.

Under these circumstances the trial court found that plaintiff assumed the risk of injury. This finding is clearly correct and under the decision in *Holland v. Buckley,*supra, there would be no liability on the part of the insurer here because the accident was caused by the fault of the victim. Under the case of *Fontenot v. Soileau,*336 So.2d 1006 (La.App. 3 Cir. 1976), plaintiff would be precluded from recovery because he assumed the risk of injury.

Therefore, the judgment of the trial court is affirmed. Costs are taxed against Bobby Mitchell Stevens, appellant.

AFFIRMED.
#### In the Matter of Donald McDowell BOHN, Jr.

No. 451 Disciplinary Docket No. 3

Supreme Court of Pennsylvania.

Oct. 28, 1998.

*ORDER*

PER CURIAM:

AND NOW, this 28th day of October, 1998, Donald McDowell Bohn, Jr., having been suspended from the practice of law in the United States Court of Veterans Appeals for an indefinite period of time of not less than one year by Order of that Court dated June 18, 1998; the said Donald McDowell Bohn, Jr., having been directed on August 20, 1998, to inform this Court of any claim he has that the imposition of the identical or comparable discipline in this Commonwealth would be unwarranted and the reasons therefor; and no response having been filed, it is

ORDERED that Donald McDowell Bohn, Jr., is suspended from the practice of law in this Commonwealth for an indefinite period of time of not less than one year, and he shall comply with all the provisions of Rule 217, Pa.R.D.E.
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the  incorporation  by reference in  Registration  Statement  Nos.
333-135229,   333-38152  and  333-61114  of   Harleysville   Savings   Financial
Corporation on Form S-8 and Registration Statement No. 333-38970 of Harleysville
Savings Financial  Corporation on Form S-3 of our report dated December 7, 2007,
relating  to the  consolidated  financial  statements  of  Harleysville  Savings
Financial  Corporation  and subsidiary as of September 30, 2007 and for the year
then ended, appearing in this Annual Report on Form 10-K of Harleysville Savings
Financial Corporation for the year ended September 30, 2007.

                                                    /s/ Beard Miller Company LLP

Beard Miller Company LLP
Allentown, Pennsylvania
December 19, 2007
Exhibit 99(a)



                            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 NCT Group, Inc. ("NCT") 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"),  we, Michael J.  Parrella,  Chief
Executive  Officer and Cy E. Hammond,  Chief Financial  Officer of NCT, 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 results of operations
          of NCT.



/s/ Micheal J. Parrella
---------------------------
    Michael J. Parrella
    Chief Executive Officer
    April 4, 2003



/s/ Cy E. Hammond
---------------------------
    Cy E. Hammond
    Chief Financial Officer
    April 4, 2003
*       *       *       *       *








EXHIBIT
      32: Rule 13a-14(b) Certification





Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, the undersigned officers of Shandong Zhouyuan Seed
      and Nursery Co., Ltd. (the “Company”) certify that:




1.           The
      Quarterly Report on Form 10-QSB of the Company for the period  ended
      June 30, 2007 (the “Report”) fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
      and




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







August
                20, 2007
            /s/
                Wang ZhigangWang
                Zhigang (Chief Executive Officer)August
                20, 2007
            /s/
                Zhang ChunmanZhang
                Chunman (Chief Financial Officer)
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2565 PLYMOUTH ROAD

ANN ARBOR, MICHIGAN 48105-2498

 

MEMORANDUM

SUBJECT: Air Quality Modeling Materials used in estimating CAPs and air toxics for the final 

heavy-duty vehicle greenhouse gas rule

FROM: Margaret Zawacki

Assessment and Standards Division

Office of Transportation and Air Quality

TO: Docket EPA-HQ-OAR-2010-0162

DATE: July 14, 2011

The purpose of this memorandum is to transmit data files which were used in the air quality

modeling analyses for the final heavy-duty vehicle greenhouse gas rule. The air quality modeling 

analyses are discussed in Section VII.D of the preamble, Chapter 8 of the Regulatory Impact 

Analysis (RIA) and in the Air Quality Modeling Technical Support Document. Information on 

the air quality modeling inventories is discussed in Chapter 5 of the RIA. 

Following is a list of the information contained on the enclosed disc, which can be found at the 

US Docketing Center:

EPA West Building, Room 3334

1301 Constitution Avenue, NW

Washington, DC 20004

Telephone: (202) 566-1744

- deposition DBF files folder: gridded annual nitrogen and sulfur deposition difference data for 

2030 baseline and HDGHG control scenario

- toxics DBF files folder: gridded annual and seasonal (winter/summer) toxics difference data 

for 2030 baseline and HDGHG control scenario

- Ozone_DVs_hdghg.xlsx: county-level 8-hour max ozone Design Value projections for 2030 

baseline and HDGHG control scenario

OFFICE OF

AIR AND RADIATION
- HDGHG_annualpm_DVs.xlsx: county-level annual PM2.5 Design Value projections for 2030 

baseline and HDGHG control scenario

- HDGHG_AltdailyPM_dvs.xlsx: county-level 24-hour PM2.5 Design Value projections for 

2030 baseline and HDGHG control scenario

- Vis_HDGHG.xlsx: Class 1 Area visibility projections for the 20% worst days for 2005 

baseline, 2030 baseline and HDGHG control scenario

- CMAQv4.7.1_Release Notes.doc: RELEASE_NOTES for CMAQv4.7.1 from ORD, Shawn 

Roselle

- met.2005.12EUS1.pdf: Baker K. and P. Dolwick. Meteorological Modeling Performance 

Evaluation for the Annual 2005 Eastern U.S. 12-km Domain Simulation, USEPA/OAQPS,

February 2, 2009.

- met.2005.12WUS1.pdf: Baker K. and P. Dolwick. Meteorological Modeling Performance 

Evaluation for the Annual 2005 Western U.S. 12-km Domain Simulation, USEPA/OAQPS, 

February 2, 2009.

- met.2005.36US1.pdf: Baker K. and P. Dolwick. Meteorological Modeling Performance 

Evaluation for the Annual 2005 Continental U.S. 36-km Domain Simulation, USEPA/OAQPS, 

February 2, 2009.

Attachments
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>
#### Robert L. HAAG, Appellant, v. Larry Richard PHILLIPS and Travelers Insurance Co., Appellees.

No. 76-2040.

District Court of Appeal of Florida, Second District.

Aug. 3, 1977.

George 0. Kluttz, Pavese, Shields, Garner, Haverfield & Kluttz, Fort Myers, for appellant.

Gerald W. Pierce, Henderson,' Franklin, Starnes & Holt, Fort Myers, for appellees.

PER CURIAM.

Affirmed on authority of *Travelers Insurance Company v. Pac,*337 So.2d 397 (Fla.2d DCA 1976).

McNULTY and SCHEB, JJ., concur.

HOBSON, Acting C. J., concurring specially.

HOBSON, Acting C. J.,

concurring specially.

I dissented without opinion in *Travelers v. Pac.*The law as announced in *Pac, supra,*being the controlling law of this court, I therefore concur herein.
Exhibit
        23.2
 
 CONSENT
          OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 
 
 We
          consent to the incorporation by
          reference in Registration Statement No. 33-11717on
          Form S-3 of our report dated March
          16,
          2006,
          relating to theconsolidatedstatements
          of
          income, common stockholders' equity and comprehensive income, and cash
          flowsofMiddlesex
          Water Company, appearing in this
          Annual Report on
          Form 10-K ofMiddlesex
          Water Companyforthe year ended December
          31, 2007.
  
 
 
 
 /s/
          DELOITTE & TOUCHE LLP
 
 Parsippany,
          New Jersey
 March
          10,
          2008
Exhibit 32.2

CERTIFICATION PURSUANT TO18 U.S.C. Section 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Amended Quarterly Report ofSouth Shore Resources Inc.(the "Company") on Form 10-Q/A-1 for the period endedMarch 31, 2008as filed with the Securities and Exchange Commission on the date here of (the "report"), I,Michael Kabin, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|  

Dated this 15thday of May, 2008.

MICHAEL KABINMichael KabinChief Executive Officer






























---
**Exhibit    11. Computation of per share earnings**     The following table sets forth the computation of basic and    diluted earnings per common share for Hudson Valley Holding    Corp. for each of the years indicated:                **Year Ended December 31,**   **2007**  **2006**  **2005**   **(000’s except share data)**      Numerator:                Net income available to common shareholders for basic and    diluted earnings per share     $    34,483      $    34,059      $    30,945     Denominator:                Denominator for basic earnings per common share —    weighted average shares(1)      9,789,018       9,847,917       9,822,647     Effect of diluted securities:                Stock options(1)      392,494       316,389       348,027                  Denominator for diluted earnings per common share —    diluted weighted average shares(1)      10,181,512       10,164,306       10,170,674                  Basic earnings per common share(1)     $    3.52      $    3.46      $    3.15     Diluted earnings per common share(1)      3.39       3.35       3.04       (1)     Adjusted for the effects of the 10 percent stock dividends    in 2007 and 2006.
#### Anne S. JONES v. Bobby G. JONES.

No. 50333.

Supreme Court of Mississippi.

Feb. 15, 1978.

Buckley & Ford, Travis Buckley, Laurel, for appellant.

*89Ingram & Matthews, Jolly W. Matthews, III, Hattiesburg, for appellee.

Before PATTERSON, C. J., and WALKER and BOWLING, JJ.

Affirmed.