alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-1711

JACKIE MCCANN,

Plaintiff - Appellant,

versus

FAIRFAX COUNTY GOVERNMENT,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-97-1514-A)

Submitted: November 5, 1998 Decided: November 18, 1998

Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jackie McCann, Appellant Pro Se. Cynthia Lee Tianti, COUNTY ATTORNEY’S OFFICE, Fairfax, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Jackie McCann appeals the district court’s order granting

Defendant’s motion for summary judgment on her complaint alleging

employment discrimination and retaliation. We have reviewed the

record and the district court’s opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. McCann v. Fairfax County Gov’t, No. CA-97-1514-A (E.D. Va.

Apr. 13, 1998). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE> 7
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<DEBT-HELD-FOR-SALE>                       100,338,818
<DEBT-CARRYING-VALUE>                       17,093,620
<DEBT-MARKET-VALUE>                         18,608,644
<EQUITIES>                                           0
<MORTGAGE>                                   3,726,650
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                             136,786,480
<CASH>                                       1,559,047
<RECOVER-REINSURE>                           2,914,187
<DEFERRED-ACQUISITION>                      32,540,829
<TOTAL-ASSETS>                             179,161,762
<POLICY-LOSSES>                            111,617,076
<UNEARNED-PREMIUMS>                                  0
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,754,504
<OTHER-SE>                                  47,622,686
<TOTAL-LIABILITY-AND-EQUITY>               179,161,762
<PREMIUMS>                                  14,670,263
<INVESTMENT-INCOME>                          6,522,867
<INVESTMENT-GAINS>                             378,288
<OTHER-INCOME>                               2,190,924
<BENEFITS>                                   9,563,689
<UNDERWRITING-AMORTIZATION>                  2,171,365
<UNDERWRITING-OTHER>                         4,860,931
<INCOME-PRETAX>                              7,166,357
<INCOME-TAX>                                 2,014,628
<INCOME-CONTINUING>                          5,151,729
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,151,729
<EPS-PRIMARY>                                      .80
<EPS-DILUTED>                                      .78
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
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<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
EXHIBIT 99.2 - CERTIFICATION PURSUANT TO 18 U.S.C. SECTION
               1350, AS ADOPTED PURSUANT TO SECTION 906
               OF THE SARBANES-OXLEY ACT OF 2002

                           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 CPI Corp. (the "Company") on Form
10-Q/A for the period ending July 20, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Gary W. Douglass,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Subsection 1350, as adopted pursuant to Subsection 906 of the Sarbanes-Oxley Act
of 2002, that:

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

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

By:  /s/ Gary W. Douglass
     --------------------------
         Gary W. Douglass
         Chief Financial Officer
         May 12, 2003
#### Dorothy GRILLO, Appellant, v. Alvin A. GRILLO, Appellee.

No. 77-100.

District Court of Appeal of Florida, Third District.

March 7, 1978.

Jeffrey M. Mart, Miami, for appellant. Fine & Brownstein, Miami, for appellee.

Before HAVERFIELD, C. J., and NATHAN and HUBBART, JJ.

PER CURIAM.

Affirmed. *Shaw v. Shaw,*334 So.2d 13, 16 (Fla.1976); *Koeppel v. Koeppel,*351 So.2d 766, 768 (Fla. 3d DCA 1977); *Pfohl v. Pfohl,*345 So.2d 371, 375 (Fla.3d DCA 1977).
[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Pages 64572-64573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32071]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 120197B]


Marine Mammals; Scientific Research Permit No.782-1399

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Issuance of permit.

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

SUMMARY: Notice is hereby given that the National Marine Mammal 
Laboratory, Alaska Fisheries Science Center, 7600 Sand Point Way NE, 
Bin C15700, Seattle, Washington 98115-0070, has been issued a permit to 
import and export marine mammal specimens for scientific purposes.

ADDRESSES: The permit and related documents are available for review 
upon written request or by appointment. (see SUPPLEMENTARY INFORMATION)

SUPPLEMENTARY INFORMATION: On August 7, 1997, notice was published in 
the Federal Register (62 FR 442511) that a request for a scientific 
research permit to import and export marine mammal specimen materials 
had been submitted by the above-named institution. The requested permit 
has been issued under the authority of the Marine Mammal Protection Act 
of 1972, as amended (16 U.S.C. 1361 et seq.) and the Regulations 
Governing the Taking and Importing of Marine Mammals (50 CFR part 216), 
the Endangered Species Act of 1973 (ESA, 16 U.S.C. 1531 et seq.), the 
regulations governing the taking, importing and exporting of endangered 
fish and wildlife (50 CFR 222.23), and the Fur Seal Act of 1966 (16 
U.S.C. 1151 et seq.).

[[Page 64573]]

    Issuance of this permit as required by the ESA is based on a 
finding that such permit: (1) Was applied for in good faith, (2) will 
not operate to the disadvantage of the endangered species which are the 
subject of this permit, and (3) is consistent with the purposes and 
policies set forth in section 2 of the ESA. Documents are available in 
the following offices:
    Permits Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13130, Silver Spring, MD 20910 (301/713-2289);
    Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-
2289 (508/281-9250);
    Southeast Region, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702-2432 (813/570-5301);
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213 (310/980-4001);
    Northwest Region, NMFS, 7600 Sand Point Way, NE, BIN C15700, Bldg., 
1, Seattle, WA 98115-0070 (206/526-6150); and
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668 (907-
586-7221).

    Dated: December 2, 1997.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 97-32071 Filed 12-5-97; 8:45 am]
BILLING CODE 3510-22-F
KEN NEILSON 

PO Box 640 :inderhook NY 12106 

\:; 

Petition for Exemption 

To whom it may concern, 

I, Kenneth J. Neilson, hereby submit this petition for exemption under Section 333; FAA 

Modernization and Reform Act of2012, Public Law 112-95 FEB.14, 2012, Section 333. 

I request this exemption in order to operate my UAV/UAS, DJI Phantom 3 Advanced 

Quadtopter Aircraft, in order to provide services for profit, to include aerial 

photography/videography for real estate, construction firms, special events to include but not 

limited to weddings, private or public p~es/events, business advertising, promotional events. 

The ability to provide these services to other local businesses, realtors, and individuals in my 

community will benefit them by opening up opportunities they otherwise did not have before. 

Traditional methods of aerial photography/videography are simply not viable options for the 

average consumer as they are costly and involve greater risks to everyone involved; i.e. the use 

of larger aircraft carrying humans and flammable fuel. By utilizing the UAVIUAS the same 

results can be achieved with much safer conditions. 

Prior to each flight/operation of the UAVIUAS, I will conduct a Pre-Flight Safety Inspection. 

Any and all repairs will be performed only by the manufacturers authorized repair facilities/ 

providers. Flights will not take place over densely populated areas or private property without 

the owner's permission. The UAVIUAS will only be operated within visual line of sight and will 

not be flown near airports or above 400 feet. The FAA can be confident that operations of this 

UA V IUAS will achieve at least the equivalent or greater level of safety. 

The specific sections of 14 C.F .R from which I am seeking exemption are as follows: 

14 C.F.R. Part 21; 

14 C.F.R. 45.23(b); 

14 C.F.R. 61.101(e)(4), & (5); 

14 C.F.R. 61.113(a) & (b); 

14 C.F.R. 61.133 (a); 
4 C.F.R. 61.23(a) & (c); 

14 C.F.R 91.7(a) 

14 C.F.R. 91.9(b)(2); 

14C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.121; 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(l); 

14 C.F.R. 91.409(a)(2}; 

14 C.F.R. 91.417(a) & (b). 

Please find the relevant User Manual, Quick Start Guide, Safety Guide, and Intelligent Flight 

Battery Safety Guide at the following link. 

http://www .dji.com/product/phantom-3-adv/info#downloads 

Thank you for your consideration. 

Sincerely, 

Kenneth Neilson
[Federal Register Volume 62, Number 243 (Thursday, December 18, 1997)]
[Notices]
[Page 66342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33075]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 120497A]


Marine Mammals; Scientific Research Permit No. 1016 (P167H)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Scientific research permit amendment.

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

SUMMARY: Notice is hereby given that a request for amendment of 
scientific research permit no. 1016 submitted by Hubbs-Sea World 
Research Institute, 2595 Ingraham Street, San Diego, CA 92109, has been 
granted.

ADDRESSES: The amendment and related documents are available for review 
upon written request or by appointment in the following office(s):
    Permits Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Room 13130, Silver Spring, MD 20910 (301/713-2289); and
    Director, Southwest Region, NMFS, 501 West Ocean Blvd., Long Beach, 
CA 90802-4213 (562/980-4001).

SUPPLEMENTARY INFORMATION: On October 28, 1997, notice was published in 
the Federal Register (62 FR 55787) that an amendment of permit no. 
1016, issued October 16, 1996 (61 FR 53901) had been requested by the 
above-name organization. The requested amendment has been issued under 
the authority of the Marine Mammal Protection Act of 1972, as amended 
(16 U.S.C. 1361 et seq.) and the regulations governing the taking and 
importing of marine mammals (50 CFR part 216).
    The permittee currently has authorization to harass several species 
of stranded rehabilitated and permanently captive pinnipeds and small 
cetaceans in order to measure their interaction with fishing gear and 
to determine the effect of introducing an auditory stimulus (i.e., 
pinger) on responses. The research is authorized to be conducted over a 
five year period. The permit has been amended to authorize: the 
addition of 2 pinger trials and 2 net trials with 14 of the 18 
California sea lions (Zalophus californianus) currently authorized to 
be involved in motivational state trials; and an increase in the number 
of California sea lions to be used in the naive trials from 30 to 40.

    Dated: December 12, 1997.
Ann D. Terbush,
Chief, Permits and Documentation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 97-33075 Filed 12-17-97; 8:45 am]
BILLING CODE 3510-22-F
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          APR-30-2000
<PERIOD-START>                             MAY-01-1999
<PERIOD-END>                               APR-30-2000
<CASH>                                      17,702,000
<SECURITIES>                                31,440,000
<RECEIVABLES>                               11,644,000
<ALLOWANCES>                                   589,000
<INVENTORY>                                  2,978,000
<CURRENT-ASSETS>                            68,262,000
<PP&E>                                      50,211,000
<DEPRECIATION>                              22,183,000
<TOTAL-ASSETS>                             123,267,000
<CURRENT-LIABILITIES>                       24,121,000
<BONDS>                                      4,025,000
<PREFERRED-MANDATORY>                        2,295,000
<PREFERRED>                                          0
<COMMON>                                       253,000
<OTHER-SE>                                  89,366,000
<TOTAL-LIABILITY-AND-EQUITY>               123,267,000
<SALES>                                     88,055,000
<TOTAL-REVENUES>                            88,055,000
<CGS>                                       59,500,000
<TOTAL-COSTS>                               59,500,000
<OTHER-EXPENSES>                            19,745,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,129,000
<INCOME-PRETAX>                             10,464,000
<INCOME-TAX>                               (3,394,000)
<INCOME-CONTINUING>                         13,858,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                13,858,000
<EPS-BASIC>                                        .55
<EPS-DILUTED>                                      .49


</TABLE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-10365

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JAVIER CRUZ-ROSARIO, also known as Javier Cruz,

Defendant-Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:15-CR-206-1

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Javier Cruz-Rosario

has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Cruz-Rosario has not filed a response. We have reviewed 

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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

November 23, 2016

Lyle W. Cayce

Clerk

 Case: 16-10365 Document: 00513771283 Page: 1 Date Filed: 11/23/2016
No. 16-10365

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 16-10365 Document: 00513771283 Page: 2 Date Filed: 11/23/2016
|[LOGO] |  | WEINICK SANDERS LEVENTHAL & CO. LLP |  | 1375 BROADWAY NEW YORK, N.Y.10018-7010      
|------ |  | ----------------------------------- |  | --------------------------------------------
|       |  |                                    
|       |  | CERTIFIED PUBLIC
ACCOUNTANTS        |  | 212-869-3333 FAX: 212-764-3060 WWW.WSLCO.COM





Exhibit 23





INDEPENDENT AUDITORS CONSENT



The Board of Directors

CRYO-CELL International, Inc.:



We consent to the incorporation by reference in the registration statements on Form S-8s (no. 333-92991 and 333-65418) of CRYO-CELL International, Inc. and subsidiaries of our report dated February 20, 2003 relating to the
consolidated balance sheets of CRYO-CELL International, Inc. and subsidiaries as of November 30, 2002 and 2001, and related consolidated statements of operations, comprehensive income (loss), stockholders equity and cash flows as of November
30, 2002 and 2001, which report appears in the November 30, 2002 Annual Report on Form 10-KSB of CRYO-CELL International, Inc.





/s/    Weinick
Sanders Leventhal & Co., LLP





New York, New York

March 13, 2003
[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Notices]
[Pages 65284-65285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32420]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
[OR-957-00-1420-00: G8-0048]


Filing of Plats of Survey: Oregon/Washington

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

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

SUMMARY: The plats of survey of the following described lands are 
scheduled to be officially filed in the Oregon State Office, Portland, 
Oregon, thirty (30) calendar days from the date of this publication.

Willamette Meridian

Oregon

T. 15 S., R. 1 W., accepted September 18, 1997
T. 20 S., R. 1 W., accepted October 16, 1997
T. 14 S., R. 2 W., accepted November 18, 1997
T. 14 S., R. 7 W., accepted November 12, 1997
T. 23 S., R. 9 W., accepted September 22, 1997
T. 27 S., R. 11 W., accepted October 10, 1997
T. 39 S., R. 13 W., accepted October 20, 1997

Washington

T. 38 N., R. 39 E., accepted November 7, 1997

    If protests against a survey, as shown on any of the above plat(s), 
are received prior to the date of official filing, the filing will be 
stayed pending consideration of the protest(s). A plat will not be 
officially filed until the day after all protests have been dismissed 
and become final or appeals from the dismissal affirmed.
    The plat(s) will be placed in the open files of the Oregon State 
Office, Bureau of Land Management, 1515 S.W. 5th Avenue, Portland, 
Oregon 97201, and will be available to the public as a matter of 
information only. Copies of the plat(s) may be obtained from the above 
office upon required payment. A person or party who wishes to protest 
against a survey must file with the State Director, Bureau of Land 
Management, Portland, Oregon, a notice that they wish to protest prior 
to the proposed official filing date given above. A statement of 
reasons for a protest may be filed with the notice of protest to the 
State Director, or the statement of reasons must be filed with the 
State Director within thirty (30) days after the proposed official 
filing date.

[[Page 65285]]

    The above-listed plats represent dependent resurveys, survey and 
subdivision.

FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, (1515 S.W. 
5th Avenue) P.O. Box 2965, Portland, Oregon 97208.

    Dated: December 1, 1997.
Robert D. DeViney, Jr.,
Chief, Branch of Realty and Records Services.
[FR Doc. 97-32420 Filed 12-10-97; 8:45 am]
BILLING CODE 4310-33-M
( 

-<:-. 

, .. :~·---

_··t 

-

··- . - --- - ·-- -

Section 4-4. Exemptions from Permit Requirement " No· 1 

authorization to construct or permit to operate, shall be 

required for: 

a. Vehicles as defined by the Vehicle Code of-the State

1 

of California, but not including any article, mqchine~ 

equipment or other contrivance mounted on ~uch 

b. 

vehicle that would otherwise require a permit under 

the provisions of these Rules and Regulations. 

Vehicles used to transport passengers or freight. . . 

c. -Equipment utilized exclusive~y in connection with 

any structure which is designed for and used 

exclusively as a dwelling for not more than two 

-' 

I 

L 

I 

I 

L 

~ ! 

-·-

' i 

f 

t- (2) families, including incinerators used e}':.Clusi vely~ 

in connection with such a structure. 

d. The following equipment: 

·· 1. Comfort air conditioning or comfort ventilating 

systems which are no~ designed to remove air 

t--

1 

1---

, 

-------- contaminants generat~d by or released from 

specific units or e~uipment. 

2. R~frige~ation units~ except those used as, or 

in conjunction with, air pollution control 

equipment. 

3. ;Piston-type internal ·combus~lon-engines. (" --- ----- ------- --~---------------------------------------------------------------------
.( 

·--

(( 

. . . ~ ':..· ;.:._ 

.. 

4. Water cooling towers and water cooling ponds 

not used for evap~rative cooling of process 

~ater or not used for evaporative cooling of 

water from barometric jets or from barometr~c 

~ondensers. 

5. ~uipm~,t used exclusively for steam cleaning. 

6. Pr~sses used exclusively for extruding metals, 

minerals, plastics or uood. 

e •. Spac~ heaters. . .. 

f. Equipment used in eating establishments for the 

purpose of prepa:ing food for human consumption. 

g. Stea~ heated by natural gas or LPG, or both. 

h •. ·Self-propelled mobile construct-ion equipment ether 

than pavement burners. 

I 

~-

L 

; 

-i. Other sources of minor significance specified py the-i ---

Air Pollution Control Officer. 

j. Agricultural implements used-in agricultural 

- operations • 

. ·:-~------------____, ___________ _.:._ ___________ -=._ .. 

··(~-----,-------

1' ';------------------------------------------