alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ramon RIVERA, Appellant, v. The STATE of Florida, Appellee.

No. 72-273.

District Court of Appeal of Florida, Third District.

Nov. 14, 1972.

PER CURIAM.

Affirmed.
CERTIFICATION OF CHIEF FINANCIAL 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,  Robert A. Bourne,  the  President and Treasurer 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/ Robert A. Bourne
                                    -----------------------------------
                                    Name:  Robert A. Bourne
                                    Title: President and Treasurer


                                    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.
#### STATE of Louisiana v. Floyd L. BYRD.

No. 62295.

Supreme Court of Louisiana.

July 3, 1978.

In re: Floyd L. Byrd, applying for certio-rari and review. Parish of Caddo.

Writ denied.

DIXON, J., would grant the writ.
EXHIBIT
32.1





CERTIFICATION
OF THE CHIEF EXECUTIVE OFFICER AND


CHIEF
FINANCIAL OFFICER OF CYBERONICS, INC.


PURSUANT
TO 18 U.S.C. SECTION 1350





Daniel J.
Moore, the President and Chief Executive Officer of Cyberonics, Inc. (the
Company), and Gregory H. Browne, the Vice President, Finance and Chief Financial
Officer of the Company each hereby certifies pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:





(a) the
Company’s Annual Report on Form 10-K for the fiscal year ended April 24, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and





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





Date:  June
18, 2009








/s/
      DANIEL J. MOOREDaniel
      J. MoorePresident
      and Chief Executive Officer(Principal
      Executive Officer)














/s/
      GREGORY H. BROWNEGregory
      H. BrowneVice
      President, Financeand
      Chief Financial Officer(Principal
      Financial Officer)
<PAGE>
 
                                                                EXHIBIT 10.19(A)


            RESOLUTION ADOPTED BY UNANIMOUS WRITTEN CONSENT OF THE
                 BOARD OF DIRECTORS OF VIMRX AS OF MAY 8, 1998

          RESOLVED, that the Board of Directors hereby recommends to the
Stockholders of the Corporation that the 1997 Incentive and Non-Incentive Stock
Option Plan of the Corporation be amended by reserving an additional 1,000,000
shares of common stock, par value .001, of the Corporation for issuance
thereunder.


                RESOLUTION ADOPTED BY THE STOCKHOLDERS OF VIMRX
          AT THE ANNUAL MEETING OF STOCKHOLDERS HELD ON JUNE 23, 1998


          RESOLVED, that an amendment to the 1997 Incentive and Non-Incentive
Stock Option Plan making an additional 1,000,000 shares available for issuance
thereunder, described in the 1998 Proxy Statement of the Company, be, and the
same hereby is, approved and adopted in all respects.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

EULALIO GUERRERO, II,

 Petitioner - Appellant,

 v.

FRANK X. CHAVEZ,

 Respondent - Appellee.

No. 11-16333

D.C. No. 2:10-cv-00905-JAMDAD

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

John A. Mendez, District Judge, Presiding

Argued and Submitted September 9, 2013

San Francisco, California

Before: SCHROEDER and BYBEE, Circuit Judges, and BATTAGLIA, District

Judge.

** 

California State prisoner Eulalio Guerrero appeals the district court’s

dismissal of his 28 U.S.C. § 2254 habeas corpus petition challenging his 2006

child molestation conviction after a jury trial. The district court dismissed the

FILED

SEP 19 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The Honorable Anthony J. Battaglia, United States District Judge for

the Southern District of California, sitting by designation.
petition as untimely because it was filed more than one year after the state

conviction became final. 28 U.S.C. § 2244(d)(1). Petitioner claims that he is

entitled to equitable tolling. 

The Supreme Court has held that a petitioner is entitled to equitable tolling

only if he has been diligent, and extraordinary circumstances prevented him from

timely filing. Holland v. Florida, 130 S. Ct. 2549, 2562 (2010). Petitioner’s only

argument is that he relied for two years on his daughter’s representations that she

would find him a lawyer. Guerrero was not diligent, for he has made no showing

that he made efforts to obtain counsel himself or make use of the prison law

library. See Bills v. Clark, 628 F.3d 1092, 1101 (9th Cir. 2010) (to be diligent,

must make use of whatever assistance is available). There are no extraordinary

circumstances similar to the abandonment by counsel that occurred in Maples v.

Thomas, 132 S. Ct. 912 (2012).

AFFIRMED. 

2
UNITED STATES

                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549

                             _______________________

                                    FORM 8-K

                                 CURRENT REPORT
                             _______________________

                     PURSUANT TO SECTION 13 OR 15(D) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

                Date of Report (Date of earliest event reported):

                               November 1, 2010

                       Diamond Hill Investment Group, Inc.
------------------------------------------------------------------------------
             (Exact Name of Registrant as Specified in its Charter)

                                      Ohio
------------------------------------------------------------------------------
                 (State or Other Jurisdiction of Incorporation)

             000-24498                              65-0190407
------------------------------------------------------------------------------
      (Commission File Number)         (I.R.S. Employer Identification No.)

      325 John H. McConnell Blvd, Suite 200, Columbus, Ohio         43215
------------------------------------------------------------------------------
      (Address of Principal Executive Offices)                    (Zip Code)

Registrant's Telephone Number, Including Area Code:   (614) 255-3333

------------------------------------------------------------------------------
          (Former Name or Former Address, if Changed Since Last Report)

<PAGE>

Item 8.01.    Other Events
----------   --------------------------------------------

          As of October 31, 2010, preliminary assets under management totaled
$7.965 billion.  Following is a summary as of October 31, 2010 (in millions):


Separate Accounts	 	$  2,859
Mutual Funds 			   4,902
Private Investment Funds	     204
                                --------
Total			       	$  7,965

Investment Strategy
-------------------
Small Cap			$    854
Small-Mid Cap         	             175
Large Cap 			   4,121
Select                               396
Long-Short		           2,236
Strategic and Fixed Income     	     183
				--------
Total			        $  7,965


                                    SIGNATURE
                                    ---------

     Pursuant to the  requirements  of the Securities  Exchange Act of 1934,
the registrant  has duly  caused  this  report  to be  signed  on its  behalf
by the undersigned hereunto duly authorized.

                                        DIAMOND HILL INVESTMENT GROUP, INC.


Date: November 1, 2010	                    By: /s/ James F. Laird
                                            -------------------------------
                                            James F. Laird, Chief Financial
                                            Officer and Secretary
<TABLE> <S> <C>

<ARTICLE>           5
<LEGEND>
This schedule contains summary financial information extracted from SEC
Form 10-Q for the quarterly period ended May 2, 1998 and is qualified
in its entirety by reference to such statements.
</LEGEND>
<MULTIPLIER>        1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          NOV-01-1998
<PERIOD-END>                               MAY-02-1998
<CASH>                                           2,057
<SECURITIES>                                         0
<RECEIVABLES>                                   19,922
<ALLOWANCES>                                       807
<INVENTORY>                                     24,861
<CURRENT-ASSETS>                                52,449
<PP&E>                                          51,617
<DEPRECIATION>                                  22,702
<TOTAL-ASSETS>                                 108,769
<CURRENT-LIABILITIES>                           19,340
<BONDS>                                              0
<COMMON>                                           198
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      70,427
<TOTAL-LIABILITY-AND-EQUITY>                   108,769
<SALES>                                         61,711
<TOTAL-REVENUES>                                61,711
<CGS>                                           44,052
<TOTAL-COSTS>                                   44,052
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   7
<INCOME-PRETAX>                                  5,887
<INCOME-TAX>                                     2,267
<INCOME-CONTINUING>                              3,620
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,620
<EPS-PRIMARY>                                      .38
<EPS-DILUTED>                                      .38
        

</TABLE>
Ex 10a16 2013 10-K






Exhibit 10(a)16




BASE SALARIES OF NAMED EXECUTIVE OFFICERS


THE SOUTHERN COMPANY


The following are the annual base salaries, effective March 1, 2014, of the Chief Executive Officer and Chief Financial Officer of The Southern Company (the “Company”) and certain other executive officers of the Company who served during 2013.




	
			
	Thomas A. Fanning
Chairman, President and Chief Executive Officer
	$1,200,000
	 

	Art P. Beattie
Executive Vice President and Chief Financial Officer
	$673,498
	 

	Charles D. McCrary
Executive Vice President of the Company,
President and Chief Executive Officer of Alabama Power Company
	$803,247
	 

	W. Paul Bowers
Executive Vice President of the Company,
President and Chief Executive Officer of Georgia Power Company
	$787,338
	 

	Stephen E. Kuczynski
President and Chief Operating Officer, Southern Nuclear
	$668,393
#### STATE of Louisiana ex rel. Gloria HARRIS, La. Correctional Institute for Women v. Victor G. WALKER, Warden.

No. 60934.

Supreme Court of Louisiana.

Dec. 9, 1977.

In re: Gloria Harris applying for writ of mandamus. Parish of Madison.

Writ denied. Moot. See trial court judgment of Nov. 21, 1977.
[Federal Register Volume 62, Number 4 (Tuesday, January 7, 1997)]
[Notices]
[Page 1008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-441]


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


SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the 
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and 
Exchange Commission will hold the following meeting during the week of 
January 6, 1997.
    A closed meeting will be held on Wednesday, January 8, 1997, at 
10:00 a.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the 
Commission, and recording secretaries will attend the closed meeting. 
Certain staff members who have an interest in the matters may also be 
present.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c) (4), (8), (9)(A) and (10) and 17 CFR 200.402(a) 
(4), (8), (9)(i) and (10), permit consideration of the scheduled 
matters at the closed meeting.
    Commissioner Johnson, as duty officer, voted to consider the items 
listed for the closed meeting in a closed session.
    The subject matter of the closed meeting scheduled for Wednesday, 
January 8, 1997, at 10:00 a.m., will be:
    Injunction and settlement of injunctive actions.
    Institution and settlement of administrative proceedings of an 
enforcement nature.
    Formal order of investigation.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting items. For further information and to 
ascertain what, if any, matters have been added, deleted or postponed, 
please contact: The Office of the Secretary at (202) 942-7070.

    Dated: January 3, 1997.
Jonathan G. Katz,
Secretary.
[FR Doc. 97-441 Filed 1-3-97; 3:53 pm]
BILLING CODE 8010-01-M
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         404,981
<SECURITIES>                                         0
<RECEIVABLES>                               19,412,594
<ALLOWANCES>                                         0
<INVENTORY>                                  4,166,700
<CURRENT-ASSETS>                            24,940,819
<PP&E>                                      12,012,737
<DEPRECIATION>                               3,460,017
<TOTAL-ASSETS>                              34,028,774
<CURRENT-LIABILITIES>                       10,871,949
<BONDS>                                      7,843,805
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    15,313,020
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                34,028,774
<SALES>                                     49,885,858
<TOTAL-REVENUES>                            49,885,858
<CGS>                                       42,628,970
<TOTAL-COSTS>                               42,628,970
<OTHER-EXPENSES>                             2,345,182
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             445,631
<INCOME-PRETAX>                              4,476,663
<INCOME-TAX>                                   207,631
<INCOME-CONTINUING>                          4,269,032
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 4,269,032
<EPS-PRIMARY>                                      .49
<EPS-DILUTED>                                      .47


</TABLE>
#### Mary Lee COLEMAN, Appellant, v. STATE of Florida, Appellee.

No. 69-423.

District Court of Appeal of Florida. Fourth District.

Feb. 4, 1970.

Michael Sigman, Orlando, for appellant.

Earl Faircloth, Atty. Gen., Tallahassee, and Charles W. Musgrove, Asst. Atty. Gen., West Palm Beach, for appellee.

*726PER CURIAM.

We have reviewed the record and the briefs of the parties and heard oral argument. On the basis thereof we are convinced that if error occurred with respect to the introduction of a fingerprint card and testimony relating thereto it was harmless beyond a reasonable doubt. We, therefore, affirm the judgment and sentence from which this appeal has been taken. Chapman v. State of California, 1967, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705, 24 A.L.R.3d 1065 and Section 924.33, F.S. 1967, F.S.A.

Affirmed.

WALDEN, McCAIN and REED, JJ„ concur.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LUZHONG XU,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 09-73077

Agency No. A099-438-934

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 24, 2016**

Before: LEAVY, FERNANDEZ, and RAWLINSON, Circuit Judges.

Luzhong Xu, a native and citizen of China, petitions for review of the Board

of Immigration Appeals’ order dismissing his appeal from an immigration judge’s

decision denying his application for asylum, withholding of removal, and relief

under the Convention Against Torture (“CAT”). We have jurisdiction under 8

FILED

MAR 02 2016

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. § 1252. We review for substantial evidence the agency’s factual findings,

applying the standards governing adverse credibility determinations created by the

REAL ID Act, Shrestha v. Holder, 590 F.3d 1034, 1039-40 (9th Cir. 2010), and we

deny the petition for review. 

Substantial evidence supports the agency’s adverse credibility determination

based on several omissions from Xu’s affidavit regarding the harm he suffered, and

inconsistencies between Xu’s testimony and documentary evidence regarding the

injuries he sustained. See id. at 1048; Zamanov v. Holder, 649 F.3d 969, 973-74

(9th Cir. 2011) (adverse credibility finding supported by substantial evidence when

added details told a different, more compelling story of persecution). Xu’s

explanations for the inconsistencies do not compel a contrary conclusion. See

Zamanov, 649 F.3d at 974. In the absence of credible testimony, Xu’s asylum and

withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156

(9th Cir. 2003).

Finally, Xu’s CAT claim fails because it is based on the same testimony the

agency found not credible and the record does not otherwise compel the conclusion

that it is more likely than not he will be tortured if returned to China. See id. at

1156-57.

PETITION FOR REVIEW DENIED.

2 09-73077
Flowchart of the Sexual Orientation Anti-Discrimination Complaint Process

If mediation is successful within 90 days,

the Director of EEO will inform the EEO 

counselor that the claim was resolved.

After the investigation is completed, you will receive 

a copy of the investigation report. You and your 

manager will be given 30 days in which to make a 

final attempt at an informal resolution. If at any time 

during this 30-day period, the parties agree that no 

informal resolution can be reached, they may submit 

any evidence, not collected by the investigator, to the 

Director of EEO.

The Director of EEO will issue a final FTC decision on 

the merits regarding each issue in the complaint within 

30 days. You may not appeal a final FTC decision 

issued by the Director of EEO. 

Formal Complaint Process

Incident Occurrence

Pre-complaint Counseling

You must contact an EEO counselor within 

45 days of the incident. You may request 

traditional counseling, in which case the EEO 

counselor will have 30 days to attempt 

resolution. 

You may request to participate in the FTC’s 

Alternative Dispute Resolution Program (i.e., 

Mediation Program), in which case the FTC 

will have up to 90 days to resolve the matter. 

If you choose mediation, pre-complaint 

counseling will not occur. If mediation is not 

successful and a resolution is not reached 

within 90 days, the EEO counselor will issue 

a notice of the right to file a formal complaint. 

You will have 15 days to file a formal 

complaint.

EEOC regulations require that you

seek pre-complaint counseling 

before filing a formal complaint.

You must file a formal complaint within 15 days of 

receiving the notice of the right to file a formal 

complaint. The Director of EEO will acknowledge 

receiving the formal complaint and notify you of 

the claims accepted for investigation. If the claims 

asserted and those accepted for investigation differ, 

the Director of EEO will explain the reasons for 

such differences, including whether the agency is 

dismissing the entire complaint, or in part.

The Director of EEO will assign an investigator to 

develop impartial and appropriate factual 

information on the claims accepted for processing. 

The FTC must complete the investigation, within 

180 days of the date the formal complaint was 

filed.

You do not have the right to request an EEOC 

hearing. 

The 30-day counseling period may be 

extended no more than 60 days if you and the 

FTC agree to such an extension in writing. If 

you choose traditional counseling and a 

successful resolution is not reached, the EEO 

counselor will issue a notice of the right to 

file a formal complaint. You will have 15 

days to file a formal complaint.