alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income  Fund X, Ltd.  (the
"Partnership"),  has executed this  certification  in connection with the filing
with the Securities and Exchange  Commission of the Partnership's  Annual Report
on Form  10-K for the  period  ending  December  31,  2003 (the  "Report").  The
undersigned hereby certifies that:

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

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

Date:  March 25, 2004                     /s/ James M. Seneff, Jr.
                                          -----------------------------------
                                          Name:  James M. Seneff, Jr.
                                          Title:   Chief Executive Officer


                                          A  signed  original  of  this  written
                                          statement  required by Section 906 has
                                          been  provided  to CNL Income  Fund X,
                                          Ltd.  and  will  be  retained  by  CNL
                                          Income Fund X, Ltd.  and  furnished to
                                          the Securities and Exchange Commission
                                          or its staff upon request.
<PAGE>   1


                                                                      Exhibit 12


                               Dean Foods Company

                Computation of Ratio of Earnings to Fixed Charges
                                 (In thousands)

<TABLE>
<CAPTION>
                                                                              13 Weeks Ended
                                                                              August 29, 1999
                                                                              ---------------

<S>                                                                           <C>
                        Income before taxes                                   $        45,631
                                                                              ---------------

                        Fixed charges:
                             Interest expense                                          11,385
                             Portion of rentals (33%)                                   3,479
                                                                              ---------------

                             Total fixed charges                                       14,864
                                                                              ---------------

                        Earnings before taxes and  fixed charges              $        60,495
                                                                              ===============

                        Ratio of earnings to fixed charges                                4.1
                                                                              ===============
</TABLE>
#### STATE of Florida, Petitioner, v. Pablo Montes GARCIA, Respondent.

No. 43171.

Supreme Court of Florida.

Feb. 8, 1973.

Certiorari denied. 268 So.2d 575.

CARLTON, C. J., and ROBERTS, ERVIN, McCAIN and DEKLE, JJ., concur.
[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Page 6552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3420]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Environmental Health Sciences; Notice of 
Closed Meeting

    Pursuant to Section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
National Institute of Environmental Health Sciences Special Emphasis 
Panel (SEP) meeting:

    Name of SEP: Microtechniques for Determining Genetic Changes in 
Carcinogenesis-SBIR (Telephone Conference Call).
    Date: March 6, 1997.
    Time: 1:00 P.M.
    Place: National Institute of Environmental Health Sciences, 
Building 17, Rm. 1713, Research Triangle Park, NC 27709.
    Contact Person: Mr. David P. Brown, National Institute of 
Environmental Health Sciences, P.O. Box 12233, Research Triangle 
Park, NC 27709, (919) 541-4964.
    Purpose/Agenda: To review and evaluate contract proposals.
    The meeting will be closed in accordance with the provisions set 
forth in secs. 552b(c)(4) and 552b(c)(6), Title 5, U.S.C. Grant 
applications and/or proposals and the discussions could reveal 
confidential trade secrets or commercial property such as patentable 
material and personal information concerning individuals associated 
with the applications and/or proposals, the disclosure of which 
would constitute a clearly unwarranted invasion of personal privacy.

(Catalog of Federal Domestic Assistance Programs Nos. 93.113, 
Biological Response to Environmental Agents; 93.114, Applied 
Toxicological Research and Testing; 93.115, Biometry and Risk 
Estimation; 93.894, Resource and Manpower Development, National 
Institutes of Health)

    Dated: February 5, 1997.
LaVerne Y. Stringfield,
Committee Management Officer, NIH.
[FR Doc. 97-3420 Filed 2-11-97; 8:45 am]
BILLING CODE 4140-01-M
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40520 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
MARIO GUAJARDO

- GARCIA , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15

- CR

- 1163

- 1

Before DENNIS, PRADO, and OWEN, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Mario Guajardo

Garcia 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). Guajardo

- Garcia h a s 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

* 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. United States Court of Appeals Fifth Circuit 

### FILED December 20 , 2016 Lyle W. Cayce Clerk Case: 16-40520 Document: 00513804513 Page: 1 Date Filed: 12/20/2016No. 16

- 40520

2 nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave

to w ithdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-40520 Document: 00513804513 Page: 2 Date Filed: 12/20/2016
#### PENTECOSTAL HOLINESS CHURCH, INC., etc., Petitioner, v. Honorable Chief Judge John A. REED, Jr., et al., Respondents.

No. 41724.

Supreme Court of Florida.

Jan. 5, 1972.

Sylvan B. Burdick, of Burdick & Daves, West Palm Beach, for petitioner.

Patterson, Maloney & Shankweiler, Fort Lauderdale, for respondents.

PER CURIAM:

This cause is before us on petition for writ of mandamus. Petitioner seeks to have this Court direct the respondents to hear and consider petitioner’s appeal, which was dismissed by the respondents on May 13, 1971. Our jurisdiction vests under Fla.Const. art. V, § 4(2), F.S.A.

Respondents ordered that the motion to dismiss by the appellees in the DCA, filed April 28, 1971, “is hereby granted and this appeal commenced by notice filed November 6, 1970, ... is hereby dismissed.”

On April 5, 1971, the trial court, having determined that petitioner had no notice of the entry of a second amended final judgment until time for appeal had run, entered its order granting petitioner relief under Rule 1.540, and entered a third *2amended final judgment. On April 23, petitioner filed an amended notice of appeal directed to the third final judgment. This April 23rd notice of appeal was effective to perfect petitioner’s right to he heard in the district court.1

Accordingly, the Clerk of this Court is hereby directed to issue forthwith a peremptory writ of mandamus commanding the respondents herein to hear and consider petitioner’s appeal in Case No. 70-939.

This Court’s earlier stay herein of execution on the judgment on supersedeas bond shall continue in effect pending disposition of the district court appeal.

It is so ordered.

ROBERTS, C. J., and ERVIN, ADKINS, BOYD and DEKLE, JJ., concur.

1

. See Florida Rules of Civil Procedure 1.540, 31 F.S.A., and Florida Appellate Rule 3.2, 32 F.S.A.
**EXHIBIT 32.2**
**CERTIFICATION PURSUANT TO 18 U.S.C.SECTION 1350,****as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002**
     In connection with the Form 10-Q of DeanHolding Company (the “Company”) for the quarter endedMarch 31, 2004, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I,Barry A. Fromberg, Executive Vice President and Chief FinancialOfficer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that the Report fully complieswith the requirements of Section 13(a) orSection 15(d) of the Securities Exchange Act of 1934, asamended, and the information contained in the Report fairlypresents, in all material respects, the financial condition andresults of operations of the Company.
 /s/ BARRY A. FROMBERG      Barry A. Fromberg     *Executive Vice President and* *Chief Financial Officer*
Date: May 14, 2004
Note: This certification accompanies the Reportpursuant to Section 906 of the Sarbanes-Oxley Act of 2002and shall not be deemed filed, except to the extent required bythe Sarbanes-Oxley Act of 2002, by the Company for purposes ofSection 18 of the Securities Exchange Act of 1934, asamended.
[Federal Register Volume 62, Number 30 (Thursday, February 13, 1997)]
[Notices]
[Page 6812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3561]


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

NATIONAL COMMUNICATIONS SYSTEM


National Security Telecommunications Advisory Committee; Meeting

AGENCY: National Communications System (NCS).

ACTION: Notice of meeting.

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

SUMMARY: The Industry Executive Subcommittee of the President's 
National Security Telecommunications Advisory Committee will meet on 
Tuesday, March 4, 1997, from 9 a.m. to 12:30 p.m. The meeting will be 
held at Booz, Allen & Hamilton, Inc., 8283 Greensboro Drive, McLean, 
VA. The agenda is as follows:

--Call to Order/Welcoming Remarks
--Issues Group Report
--Overview of the Defense Science Board Task Force Report on 
Information Warfar--Defense (IW-D)
--NCC Vision Task Force Report
--Information Assurance Task Force Report
--National Information Infrastructure Task Force Report
--Network Security Group Report
--National Security and Emergency Preparedness Group Report
--Legislative and Regulatory Group Report
--Adjournment

    Attendance at this meeting is limited, due to the capacity of the 
meeting facility. Anyone wishing to attend this meeting must confirm 
their attendance with Ms. Janet Jefferson, Plans, Customer Service and 
Information Assurance Division, (703) 607-6209.

FOR FURTHER INFORMATION CONTACT:
Ms. Jefferson or write the Manager, National Communication System, 701 
South Court House Rd., Arlington, VA 22204-2198.
Frank McClelland
Acting Chief, Technology and Standards.
[FR Doc. 97-3561 Filed 2-12-97; 8:45 am]
BILLING CODE 5000-03-M
#### BAY SPRINGS PLUMBING COMPANY, INC. v. John MADDOX.

No. 50431.

Supreme Court of Mississippi.

June 14, 1978.

Oates & Houston, R. K. Houston, Jr., Bay Springs, for appellant.

Bobby L. Shoemaker, Bay Springs, for appellee.

Appeal from Circuit Court, Jasper County; George B. Grubbs, Judge.

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

Reversed and Remanded.

SMITH and ROBERTSON, P. JJ., and SUGG, WALKER, BROOM and COFER, JJ., concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7579

ISTIVAN CLEVONDON DOUGLAS, Petitioner - Appellant, versus ATTORNEY GENERAL OF NORTH CAROLINA; M. L. POLK, III, Respondents - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Salisbury. James A. Beaty, Jr., District Judge. (CA-96-744-4) Submitted: October 8, 1998 Decided: October 21, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Istivan Clevondon Douglas, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Istivan Clevondon Douglas seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability, deny Douglas’ motion for summary judgment, and dismiss the appeal on the reasoning of the district court. Douglas v. Attorney Gen. , No. CA-96-744-4 (M.D.N.C. Oct. 7, 1997). 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.

DISMISSED
[Federal Register Volume 62, Number 29 (Wednesday, February 12, 1997)]
[Notices]
[Page 6517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-3470]


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

DEPARTMENT OF EDUCATION


Title I Part C--Education of Migratory Children

AGENCY: Department of Education.

ACTION: Notice of funding level for FY 1997 consortium incentive grants 
available under Part C of Title I of the Elementary and Secondary 
Education Act of 1965.

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

SUMMARY: The Assistant Secretary for Elementary and Secondary Education 
reserves $1,500,000, the maximum permitted by the statute, for FY 1997 
consortium incentive grant awards authorized under section 1308(d) of 
Title I of the Elementary and Secondary Education Act (ESEA) of 1965. 
State educational agencies operating Migrant Education Programs (MEPs) 
are the only eligible entities for this grant program. Criteria for 
awarding consortium incentive grants were published on April 8, 1996 
(61 FR 15670).

FOR FURTHER INFORMATION CONTACT: Ms. Kristina Barber, U.S. Department 
of Education, 600 Independence Avenue, SW., Portals Building, Room 
4100, Washington, DC 20202-6235. Telephone: 202-260-3169. Individuals 
who use a telecommunications device for the deaf (TDD) may call the 
Federal Information Relay System (FIRS), at 1-800-877-8339 between 8 
a.m. and 8 p.m. Eastern Time, Monday through Friday.

(Catalog of Federal Domestic Assistance Number 84.144, Migrant 
Education--Coordination Program)

    Program Authority: 20 U.S.C. 6398(d).

    Dated: February 4, 1997.
Gerald N. Tirozzi,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 97-3470 Filed 2-11-97; 8:45 am]
BILLING CODE 4000-01-P
#### Arthur BERK, Appellant, v. Joan A. TEW, formerly, Joan A. Berk, Appellee.

No. 69-973.

District Court of Appeal of Florida. Third District.

Feb. 3, 1970.

Rehearing Denied Feb. 20, 1970.

Pallot, Silver, Pallot, Stern, Proby & Adkins, Miami, for appellant.

*706Mitchell M. Goldman, Miami, for appel-lee.

Before PEARSON, C. J., and BARK-DULL and HENDRY, JJ.

PER CURIAM.

The appellant in this interlocutory appeal seeks reversal of the chancellor’s order which increased his child support obligation to his divorced wife, the appellee. The appellant’s grounds are that the chancellor abused his discretion by denying his motion for continuance. We cannot agree; after a close review of the record, we must conclude that no abuse of discretion has been shown and the court’s refusal to continue the hearing was not improper. Maistrosky v. Harvey, Fla.App.1961, 133 So.2d 103; State v. Florida State Turnpike Authority, Fla. 1961, 134 So.2d 12.

Affirmed.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-50604

MAGDALENA EUBANK, 

 Plaintiff - Appellant

v.

LOCKHART INDEPENDENT SCHOOL DISTRICT, 

 Defendant - Appellee

Appeal from the United States District Court

for the Western District of Texas

USDC No. 1:15-CV-1019

Before REAVLEY, GRAVES, and COSTA, Circuit Judges. 

PER CURIAM:*

This is an appeal of the district court’s grant of motions to compel, for 

sanctions, and for summary judgment in favor of Lockhart Independent School 

District in a disability discrimination and retaliation action. After 

consideration of the briefs, record and applicable law in this matter, we affirm 

for essentially the reasons set out by the district court.

AFFIRMED.

 

* 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

August 13, 2018

Lyle W. Cayce

Clerk

 Case: 17-50604 Document: 00514596609 Page: 1 Date Filed: 08/13/2018
Exhibit 23

                         INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Swift Transportation Co., Inc.:

We consent to  incorporation  by reference in the  Registration  Statements  No.
33-66034, 333-16865 and 333-20651 on Form S-3 and in the Registration Statements
No. 33-85940, 33-85942, 33-85944, 333-53566, 333-31067 and 333-81403 on Form S-8
of Swift  Transportation  Co.,  Inc.  of our report  dated  February  28,  2001,
relating to the consolidated  balance sheets of Swift  Transportation  Co., Inc.
and subsidiaries as of December 31, 2000 and 1999, and the related  consolidated
statements  of earnings,  stockholders'  equity,  and cash flows for each of the
years in the three-year  period ended December 31, 2000, which report appears in
the December 31, 2000 annual  report on Form 10-K of Swift  Transportation  Co.,
Inc.

                                        /s/ KPMG LLP

Phoenix, Arizona
March 20, 2001
Exhibit 31.2
**CERTIFICATION**
I, Christine G. Ocampo, certify that:
 1. I have reviewed this Annual Report on Form 10-K/A of CardioGenesisCorporation;  2. Based on my knowledge, this Annual Report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this Annual Report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this Annual Report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented inthis Annual Report;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrantand we have:
(a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the registrant, includingits consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this Annual Report isbeing prepared;
(b) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this Annual Report based on such evaluation; and
(c) disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control overfinancial reporting; and
 5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors:
(a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record,process, summarize and report financial information; and
(b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal controlover financial reporting.
/s/ CHRISTINE G. OCAMPO
MONROE COUNTY 

MULTI YEAR IMPLEMENTATION PLAN

PROJECT LOCATION MAPS

MAP OF PROJECT 1 LOCATION

Project 1. Coral Reef Restoration for Environmental and Economic Enhancement of the 

Florida Keys
MAP OF PROJECT 2 LOCATION

Project 2. Canal Water Quality Improvements and Restoration for Canals in Unincorporated 

Monroe County 
MAP OF PROJECT 3 LOCATION

Project 3. Canal Water Quality Improvements and Restoration for Canals Across “All 

Entities” in Monroe County (Islamorada)
 MAP OF ALL THREE PROJECT LOCATIONS