alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6112

FRANK DOUGLAS, Plaintiff - Appellant, versus WAL-MART CORPORATION PHARMACY, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Aiken. Cameron McGowan Currie, District Judge. (CA-01-116-1) Submitted: May 15, 2002 Decided: June 6, 2002 Before LUTTIG, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Frank Douglas, Appellant Pro Se. John Robert Murphy, MURPHY & GRANTLAND, P.A., Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* For the purpose of this appeal we assume that the date appearing on the notice of appeal is the earliest date it could have been given to prison officials for mailing. See Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266 (1988). 2 PER CURIAM: Frank Douglas seeks to appeal the district court’s order adopting the report and recommendation of the magistrate judge and granting summary judgment in favor of Wal-Mart on his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We dismiss the appeal for lack of jurisdiction because Appellant’s notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, see Fed. R. App. P. 4(a)(1), unless the district court extends the appeal period under Fed. R. App. P. 4(a)(5) or reopens the appeal period under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corrections , 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). The district court’s order was entered on the docket on November 2, 2001. Appellant’s notice of appeal was filed on January 4, 2002. * Because Appellant failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant Wal-Mart’s motion to dismiss the appeal. We dispense with oral argument because the facts and legal contentions3 are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title: Challengesto excessive maritime claims.**
 
2008 | 2009 | 2010 | 2011
 
SuDoc Number:D 1.142:
Item Number:0306-A-92 (online)
CGP systemNumber:001079716
 
September 12, 2018
Case 4:05-cv-02056-JEJ Document 11 Filed 11/18/05 Page 1 of 2
Case 4:05-cv-02056-JEJ Document 11 Filed 11/18/05 Page 2 of 2
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In connection with the Quarterly Report of Sierra Resource Group, Inc. (the
"Company") on Form 10-QSB for the quarter ending September 30, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Sandra J. Andre, President and 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, 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 results of operations
          of the Company.


Date: November 7, 2006



                                        By: /s/ SANDRA J. ANDRE
                                            ___________________________
                                                Sandra J. Andre
                                                President and
                                                Chief Executive Officer
#### A. *F.*HOLCOMB v. SINGING RIVER ELECTRIC POWER ASSOCIATION.

No. 45603.

Supreme Court of Mississippi.

Feb. 2, 1970.

Mize, Thompson & Mize, Gulfport, for appellant.

Bryan & Gordon, Harry R. Allen, Pas-cagoula, for appellee.

ETfÍRIDGE, Chief Justice:

A. F. Holcomb, appellant, brought this suit in the Circuit Court of Harrison County against Singing River Electric Power Association, alleging that the defendant’s negligence caused the plaintiff’s sawmill to be destroyed by fire. At the conclusion of testimony for both sides, the circuit court gave a peremptory instruction for the defendant.

Accepting as true plaintiff’s evidence which has probative value and the reasonable inferences from it, the circumstances shown nevertheless must be such as to take the case out of the realm of conjecture and to place it within the field of legitimate inference. There is no available proper inference in this record that the fire, which undisputedly began in Holcomb’s sawmill, was caused by either a system surge of electricity or a surge of electricity emitted from a defect within Singing River’s transformer bank serving the mill. The testimony for plaintiff of an electrical engineer, when analyzed as an entirety, dealt only with various possibilities as to the cause of the fire. His “conclusion” simply constituted a choice by him among several conjectural sources. The direct proof shows that the fire began entirely within the sawmill, which was under the exclusive control of Holcomb.

Plaintiff’s evidence was also not sufficient to make an issue on causation in fact, in terms of a reasonable probability. On the other hand, there is direct evidence of a history of malfunctioning starter switches on at least two motors in the bill. Nor is there sufficient evidence for a jury issue that any negligence of defendant proximately contributed to causing the fire. *Cf.*Tombigbee Electric Power Ass’n v. Gandy, 216 Miss. 444, 62 So.2d 567 (1953); Serio v. Illinois Central R.R. Co., 54 So.2d 481 (Miss.1951). In order to hold that the plaintiff can go to the jury, we would have to extend analysis beyond the prohibited inference upon another inference. *See*Masonite Corp. v. Hill, 170 Miss. 158, 154 So. 295, 95 A.L.R. 157 (1934); Tombigbee Electric Power Ass’n v. Gandy, *supra.*

When these considerations are evaluated, along with the fact that the scintilla rule of evidence is not recognized in this jurisdiction, we necessarily conclude that the circuit court was correct in granting a peremptory instruction for defendant-appellee.

Affirmed.

RODGERS, JONES, BRADY and IN-ZER, JJ., concur.
#### Mrs. Lillian Schon SMALL v. S. (Samuel) Sanford LEVY, Presently sitting as Judge, Division “D” of the Civil District Court for the Parish of Orleans, State of Louisiana.

No. 61945.

Supreme Court of Louisiana.

May 5, 1978.

In re: Mrs. Lillian Schon Small applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans, 355 So.2d 643.

Writ denied.

TATE, J., dissents from denial and assigns reasons.

DIXON, J., dissents from the denial for the reasons stated in the dissent by Tate, J.

TATE, Justice

(dissenting from denial of review).

In my opinion, the lower courts were in error in dismissing this suit, for the reasons assigned by the dissenting opinion in the court of appeal, 355 So.2d 643, 651 (La.App. 4th Cir. 1978). On the merits, the 1960 amendment to the constitution of 1921 permitting judges “now serving” (i.e., in 1960) to serve beyond seventy-five years of age (under certain *conditions)*
      *1*
      *,*does not apply to the respondent judge, who first took judicial office in 1964. This provision of the 1921 constitution was continued as a statute by Article XIV, Section 16(A)(5) of the 1974 constitution; however, the constitution’s language specifically provided that it was continued as a statute “but restricted to the same effect as on the effective date of this constitution”, i.e., January 1, 1975.

In reaching this conclusion, I do so fully acknowledging the distinguished past and present service of the respondent judge and that his physical and intellectual vigor are *451that of a man at least two or three decades younger than his chronological age of seventy-six or so. If he is forced to retire by reason of the constitutional mandate, I would hope that the judicial system could continue to utilize his service as an assigned judge, if he is willing to accept such assignment.

Accordingly, I regretfully but respectfully dissent from the denial of review.

. The purpose was to permit those judges to retain certain retirement rights by service past seventy-five, which were terminated by the I960 amendment and would not apply to judges subsequently elected.
[Federal Register Volume 62, Number 180 (Wednesday, September 17, 1997)]
[Notices]
[Page 48894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24663]



[[Page 48894]]

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

DEPARTMENT OF LABOR

Pension and Welfare Benefits Administration


Working Group Studying Employer Assets In ERISA Employer-
Sponsored Plans; Advisory Council on Employee Welfare and Pension 
Benefit Plans Meeting

    Pursuant to the authority contained in Section 512 of the Employee 
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1142, a 
public meeting will be held on October 7, 1997 of the Advisory Council 
on Employee Welfare and Pension Benefit Plans Working Group studying 
Employer Assets in ERISA Employer-Sponsored Plans. There will be no 
full Council meeting in October.
    The purpose of the open meeting, which will run from 1:00 p.m. 
until approximately 3:30 p.m. in Room N-5437 A&B, U.S. Department of 
Labor Building, Second and Constitution Avenue NW, Washington, D.C. 
20210, is for Working Group members to begin drafting their report on 
employer assets in ERISA employer-sponsored plans.
    Members of the public are encouraged to file a written statement 
pertaining to the working group's topic by submitting 20 copies on or 
before September 30, 1997, to Sharon Morrissey, Executive Secretary, 
ERISA Advisory Council, U.S. Department of Labor, Room N-5677, 200 
Constitution Avenue, NW, Washington, D.C. 20210. Individuals or 
representatives or organizations wishing to address the Working Group 
on employer Assets in ERISA Employer-Sponsored Plans should forward 
their request to the Executive Secretary or telephone (202) 219-8753. 
Oral presentations will be limited to 10 minutes, but an extended 
statement may be submitted for the record. Individuals with 
disabilities, who need special accommodations, should contact Sharon 
Morrissey by September 30, 1997, at the address indicated in this 
notice. Organizations or individuals may also submit statements for the 
record without testifying. Twenty (20) copies of such statements should 
be sent to the Executive Secretary of the Advisory Council at the above 
address. Papers will be accepted and included in the record of the 
meeting if received on or before September 30.

    Signed at Washington, D.C. this 11th day of September, 1997.
Olena Berg,
Assistant Secretary, Pension and Welfare Benefits Administration.
[FR Doc. 97-24663 Filed 9-16-97; 8:45 am]
BILLING CODE 4510-29-M
Exhibit 23.1




CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM






The Board of Directors
 GSE Systems, Inc.


We consent to the incorporation by reference in the registration statements No. 333-138702 and No. 333-150249 on Form S-8 and registration statements No. 333-161121, No. 333-147537, No. 333-144623, No. 333-143199, and No. 333-134569 on Form S-3 of GSE Systems, Inc. of our reports dated March 11, 2010, with respect to the consolidated balance sheets of GSE Systems, Inc. as of December 31, 2009 and 2008, and the related consolidated statements of operations, comprehensive income (loss), changes in stockholders’ equity and cash flows for each of the years in the three-year period ended December 31, 2009, and the effectiveness of internal control over financial reporting as of December 31, 2009, which reports appear in the December 31, 2009 Annual Report on Form 10-K/A of GSE Systems, Inc.







/s/ KPMG LLP




Baltimore, Maryland


June 30, 2010
<TABLE> <S> <C>

<ARTICLE>                              5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheets and statements of changes in stockholders' equity of Paravant Inc. as of
September 30, 1999 and the related statements of operations and cash flows for
years ended September 30, 1999 and 1998 and is qualified in its entirety by
reference to such financial statements
</LEGEND>

<S>                                    <C>                      <C>
<PERIOD-TYPE>                           YEAR                    YEAR
<FISCAL-YEAR-END>                     SEP-30-1999            SEP-30-1998
<PERIOD-START>                        OCT-01-1998            OCT-01-1997
<PERIOD-END>                          SEP-30-1999            SEP-30-1998
<CASH>                                    949,414              1,187,788
<SECURITIES>                              440,109                      0
<RECEIVABLES>                           9,247,838              4,239,453
<ALLOWANCES>                               79,495                 88,993
<INVENTORY>                            10,644,992              3,160,573
<CURRENT-ASSETS>                       22,768,736              9,881,729
<PP&E>                                  3,101,801              2,058,944
<DEPRECIATION>                          1,454,312                819,764
<TOTAL-ASSETS>                         42,972,813             12,695,577
<CURRENT-LIABILITIES>                   8,587,317              2,225,683
<BONDS>                                 2,462,500                      0
<COMMON>                                  263,718                125,157
<PREFERRED-MANDATORY>                           0                      0
<PREFERRED>                                     0                      0
<OTHER-SE>                             31,938,269             10,110,599
<TOTAL-LIABILITY-AND-EQUITY>           42,972,813             12,695,577
<SALES>                                42,279,478             15,507,727
<TOTAL-REVENUES>                       42,279,478             15,507,727
<CGS>                                  20,840,615              7,606,874
<TOTAL-COSTS>                          20,840,615              7,606,874
<OTHER-EXPENSES>                       11,201,837              5,776,312
<LOSS-PROVISION>                           13,510                 22,538
<INTEREST-EXPENSE>                        777,076                 19,954
<INCOME-PRETAX>                         9,679,600              2,209,635
<INCOME-TAX>                            3,793,958                750,038
<INCOME-CONTINUING>                     5,885,642              1,459,597
<DISCONTINUED>                                  0                      0
<EXTRAORDINARY>                                 0                      0
<CHANGES>                                       0                      0
<NET-INCOME>                            5,885,642              1,459,597
<EPS-BASIC>                               0.421                  0.184
<EPS-DILUTED>                               0.409                  0.144






</TABLE>
Exhibit 32.1

                                  CERTIFICATION
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002  (subsection (a) and
(b)  of  Section  1350,  Chapter  63 of  Title  18,  United  States  Code),  the
undersigned officer of The Pepsi Bottling Group, Inc. (the "Company")  certifies
to his knowledge that:

    (1)   The  Quarterly  Report on Form 10-Q of the Company for the quarter
          ended  March 20,  2004  (the  "Form  10-Q")  fully  complies  with the
          requirements of Section 13(a) or 15(d) of the Securities  Exchange Act
          of 1934 (the "Act"); and

    (2)   The information contained in the Form 10-Q fairly presents, in all
          material respects,  the financial conditions and results of operations
          of the Company as of the dates and for the periods  referred to in the
          Form 10-Q.


                                                     /s/ John T. Cahill
                                                     ------------------
                                                     John T. Cahill
                                                     Chief Executive Officer
                                                     April 26, 2004

The foregoing  certification  (the  "Certification")  is being furnished  solely
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002  (subsection (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code).

A signed original of the Certification has been provided to the Company and will
be retained  by the Company in  accordance  with Rule  12b-11(d)  of the Act and
furnished to the Securities and Exchange Commission or its staff upon request.
# Distribution Multicultural committee celebrates Disability Awareness Month 

/ Published Oct. 24, 2017
NEW CUMBERLAND, Pa., DLA Distribution’s Multicultural Committee celebrated the true spirit and the many and varied contributions of America's workers with disabilities with a program held on Wednesday, Oct. 18. This year’s theme is “Inclusion Drives Innovation.”
To start the event, a video version of the national anthem was played. The video displayed the song being “sung” in American Sign Language with closed captions on the bottom of the screen. The purpose of this performance was for the average listener to experience the national song the way a deaf person would experience it. 

DLA Distribution deputy commander, Twila C. Gonzales, Senior Executive Service welcomed everyone in attendance and gave a brief synopsis on the history of National Disability Employment Awareness Month before introducing the keynote speaker, U. S. Army Sgt. 1st Class retired, Dana Bowman, a Golden Knight and the first double amputee to re-enlist in the Army.

“Dana Bowman’s story is really a story of the triumph of the human spirit,” said Gonzales.

Bowman, who enlisted in the Army at the age of 18 years old, as a heavy materials operator, and worked his way to become a Special Forces Soldier and a member the Army’s elite parachute team, the Golden Knights. 

On Feb. 6, 1994, Bowman and his teammate Army Sgt. Jose Aguillon collided midair during the team’s annual training. They had demonstrated the “Diamond Track” maneuver more than fifty times without mistake. This time, rather than crisscrossing, the two skydivers slammed into each other at a combined speed of 300 miles per hour. Aguillon died instantly. Bowman’s legs were severed from his body, one above the knee and one below the knee.

Nine months after the accident Bowman was about to turn his tragedy into triumph when he became the first double amputee to re-enlist in the United States Army. He also continued his jumps, practicing with nine jumps a day, five days a week. “I went through many prosthetic legs.”

Bowman retired from the Army in 1996, and now spends a majority of his time working with other amputees and disabled, or physically challenged veterans.  

“I have been very fortunate to have the opportunity to let my speeches touch so many from the physically challenged to the able-bodied,” said Bowman.

Following his presentation, Bowman presented DLA Distribution Susquehanna, Pennsylvania commander, Army Col. Brad Eungard a challenge coin, and his personal “Halo for Freedom” coin to Gonzales. 

Additionally, Mason Chronister, management assistant from Distributions Organizational Management directorate, provided an American Sign Language demonstration. 

Chronister, who was born deaf to hearing parents, has Usher Syndrome. A relatively rare genetic disorder, Usher Syndrome results in a combination of hearing loss and visual impairment. About four people in every 100,000 are diagnosed with the incurable condition.
### Geology of dam sites on the upper tributaries of the Columbia River in Idaho and Montana: Part 2. Hungry Horse dam and reservoir site South Fork Flathead River Flathead County, Montana

By: C. E. ErdmannB. E. Jones

                            https://doi.org/10.3133/wsp866B

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)
  - **Plate 2**                            (pdf)
  - **Plate 3**                            (pdf)
  - **Plate 4**                            (pdf) 
- NGMDB Index Page:  **National Geologic Map Database Index Page**
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

No abstract available. 

#### Study Area

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<PAGE>   1
                                                                   EXHIBIT 23.1

                          CONSENT OF ERNST & YOUNG LLP

We consent to the incorporation by reference in the Registration Statements
(Forms S-3 No. 333-47577, No. 333-61375, No. 333-70993, and No. 333-78001 and
Form S-8 No. 333-67951) of Queen Sand Resources, Inc. and in the related
Prospectuses of our report dated September 1, 1999, except for Note 3, as to
which the date is October 13, 1999, with respect to the consolidated financial
statements of Queen Sand Resources included in this Annual Report (Form 10-K)
for the year ended June 30, 1999.


                                            /s/ Ernst & Young LLP


October 13, 1999

Dallas, Texas
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 Innocom Technology Holdings, Inc. a Nevada corporation (the Company), on Form 10-QSB for the period ending June 30, 2007 as filed with the Securities and Exchange Commission (the Report), I, Hui Yan Sui, William, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), 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 (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 result of operations of the Company.    /s/ Hui Yan Sui, William Hui Yan Sui, William Chief Executive Officer Date: August 16, 2007