alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-2440

WILLIAM WHITTMAN, Plaintiff - Appellant, versus STATE OF VIRGINIA; VIRGINIA EMPLOYMENT COMMISSION; CIRCUIT COURT OF ARLINGTON, VIRGINIA, Defendants - Appellees, DAVID A. BELL, Movant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Senior District Judge. (CA-02-1362-A) Submitted: March 20, 2003 Decided: March 25, 2003 Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. William Whittman, Appellant Pro Se. Kevin Osborne Barnard, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.2 Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: William Whittman appeals the district court’s order dismissing his discrimination complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Whittman v. Virginia , No. CA-02-1362-A (E.D. Va. Nov. 4, 2002). 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
WILMA GRAHAM and RINIA GRAHAM

,

Petitioner s ,

v.

TRENTON APARTMENTS, LTD. dba TRENTON APARTMENTS

, Respondent

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CASE NO. 1D 1 6

- 3 000

_____________________________/

Opinion filed January 3, 2017.

Petition for Writ of Certiorari

– Original Jurisdiction

. Glorimil R. Walker of Three Rivers Legal Services, Inc., Gainesville , for Petitioner s

.

Conrad C. Bishop, III of the Bishop Law Firm, P.A., Perry

, for Respondent

.

PER CURIAM.

DENIED

.
LEWIS, ROWE, and K ELSEY, JJ., CONCUR.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 759 Reported in House (RH)]

<DOC>

                                                 Union Calendar No. 125
116th CONGRESS
  1st Session
                                H. R. 759

                          [Report No. 116-165]

To restore an opportunity for tribal economic development on terms that 
              are equal and fair, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2019

 Mr. Babin (for himself, Mr. Hurd of Texas, Mr. Conaway, Mr. Weber of 
 Texas, Mr. Gonzalez of Texas, Mr. Vela, Mr. Gallego, Mr. Gibbs, Miss 
    Gonzalez-Colon of Puerto Rico, Mr. LaMalfa, Mr. Austin Scott of 
   Georgia, Mr. Young, Mr. Cuellar, and Mr. Peterson) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

                             July 22, 2019

Additional sponsors: Mr. Gooden, Mr. Clay, Mr. O'Halleran, Ms. Escobar, 
 Ms. Garcia of Texas, Mr. Cardenas, Mr. Crenshaw, Mrs. Radewagen, Mr. 
             Gosar, Ms. Haaland, Mr. Allred, and Mr. Veasey

                             July 22, 2019

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed

_______________________________________________________________________

                                 A BILL

 
To restore an opportunity for tribal economic development on terms that 
              are equal and fair, and for other purposes.

 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ysleta del Sur Pueblo and Alabama-
Coushatta Tribes of Texas Equal and Fair Opportunity Settlement Act''.

SEC. 2. AMENDMENT.

    The Ysleta del Sur Pueblo and Alabama-Coushatta Indian Tribes of 
Texas Restoration Act (Public Law 100-89; 101 Stat. 666) is amended by 
adding at the end the following:

``SEC. 301. RULE OF CONSTRUCTION.

    ``Nothing in this Act shall be construed to preclude or limit the 
applicability of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.).''.
                                                 Union Calendar No. 125

116th CONGRESS

  1st Session

                               H. R. 759

                          [Report No. 116-165]

_______________________________________________________________________

                                 A BILL

To restore an opportunity for tribal economic development on terms that 
              are equal and fair, and for other purposes.

_______________________________________________________________________

                             July 22, 2019

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
```
#### Porter W. HOMER, as Manager of Dade County, Florida, et al., Appellants, v. FEDERATED DEPARTMENT STORES, INC., a Delaware corporation, d/b/a Burdine’s, Appellee.

No. 70-970.

District Court of Appeal of Florida, Third District.

Jan. 18, 1972.

Stuart L. Simon, County Atty., and Robert A. Ginsburg, Asst. County Atty., Joseph A. Wanick, City Atty., for City of Miami Beach.

Alan H. Rothstein, City Atty., for City of Miami.

Mershon, Sawyer, Johnston, Dunwody & Cole and George W. Wright, Jr., Miami, for appellee.

Before SWANN, C. J., HENDRY, J., and LILES, WOODIE A., Associate Judge.

*51PER CURIAM.

This appeal is by defendants who are the proper taxing officers in Dade County, Florida. They appeal from a final judgment rendered for plaintiff, Federated Department Stores, Inc., hereinafter called Burdine’s.

The final judgment found that the 1967 tax assessment placed upon Burdine’s stock-in-trade was excessive and that defendants should refund that portion of the tax paid (under protest) on the excessive portion of the assessment.

We have considered the excellent seventeen page final judgment, the record and briefs and do not find any reversible error in the final judgment herein appealed.

Affirmed.
**Exhibit31.1**

Quarterly CertificationsPursuant to Section 302 of theSarbanes-Oxley Act of 2002 

I, David W. Mann, certify that:

1.         I have reviewed this quarterly report on Form 10-QSB ofFirst Financial Corporation;

2.         Based on my knowledge, this report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of the circumstances underwhich such statements were made, not misleading with respect to the periodcovered by this report; 

3.         Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the small business issuer as of, and for, the periodspresented in this report; 

4.         The small business issuer's othercertifying officers and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e) for the small business issuer and we have:

a)         designed such disclosurecontrols and procedures or caused such disclosure controls and procedures to bedesigned under our supervision to ensure that material information relating tothe small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period inwhich this report is being prepared;

b)         evaluated theeffectiveness of the small business issuer's disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures,  as of the end of the period covered bythis report based on such evaluation; and

c)         disclosed in this reportany change in the small business issuer's internal control over financialreporting that occurred during the small business issuer's most recent fiscalquarter (the small business issuer's fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the small business issuer's internal control over financialreporting; and

5.         The small business issuer's othercertifying officers and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the small business issuer'sauditors and the audit committee of small business issuer's board of directors(or persons performing the equivalent function):

a)         all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the small business issuer's ability to record, process, summarize andreport financial information; and

b)        any fraud, whether or notmaterial, that involves management or other employees who have a significant role in the small business issuer's internal control over financialreporting.

Date:August 18, 2006

/s/David W. MannDavidW. MannChiefExecutive Officer and Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          14,424
<INT-BEARING-DEPOSITS>                              97
<FED-FUNDS-SOLD>                                 4,200
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     16,985
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        353,434
<ALLOWANCE>                                      5,061
<TOTAL-ASSETS>                                 415,453
<DEPOSITS>                                     353,634
<SHORT-TERM>                                    11,150
<LIABILITIES-OTHER>                              3,461
<LONG-TERM>                                     11,245
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        20,073
<OTHER-SE>                                      15,090
<TOTAL-LIABILITIES-AND-EQUITY>                 415,453
<INTEREST-LOAN>                                 16,583
<INTEREST-INVEST>                                  590
<INTEREST-OTHER>                                   129
<INTEREST-TOTAL>                                17,302
<INTEREST-DEPOSIT>                               6,929
<INTEREST-EXPENSE>                               7,563
<INTEREST-INCOME-NET>                            9,739
<LOAN-LOSSES>                                      348
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  7,288
<INCOME-PRETAX>                                  2,818
<INCOME-PRE-EXTRAORDINARY>                       2,818
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,091
<EPS-PRIMARY>                                      .88
<EPS-DILUTED>                                      .88
<YIELD-ACTUAL>                                    4.95
<LOANS-NON>                                      1,406
<LOANS-PAST>                                     2,364
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 4,591
<CHARGE-OFFS>                                      257
<RECOVERIES>                                        81
<ALLOWANCE-CLOSE>                                5,061
<ALLOWANCE-DOMESTIC>                             3,681
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          1,380
        

</TABLE>
259 La. 814

#### Dave L. PEARCE v. Linton McDANIEL.

No. 51704.

Supreme Court of Louisiana.

Oct. 15, 1971.

In re: Linton McDaniel, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Evangeline. 251 So.2d 110.

Writ refused. The judgment is not final.
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

October 27, 2008 Clifford W. Taylor,

 Chief Justice 

136427 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

Plaintiff-Appellee, Justices 

v SC: 136427 

 COA: 283651 

Wayne CC: 89-014735-FY

MACK TIGGART,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the April 9, 2008 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant’s motion 

for relief from judgment is prohibited by MCR 6.502(G). 

p1020 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

October 27, 2008 

 Clerk
Exhibit 10.24

 

FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

 

This FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (“this Amendment”) is entered into as of February 19, 2014, by and among Florida East Coast Railway L.L.C., a Florida limited liability company (the “Company”), Florida East Coast Railway Corp. (f/k/a FECR Rail Corp), a Delaware corporation (“FECR”) and James R. Hertwig (“Executive”).  Where the context permits, references to “the Company” shall include the Company and any successor of the Company.

 

WHEREAS, the parties entered into an employment agreement dated as of May 24, 2010;

 

WHEREAS, the parties desire to amend the employment agreement as set forth herein.

 

NOW, THEREFORE, in light of the foregoing and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows:

 

1.              Under Section 3(b) of the Employment Agreement the Annual Bonus limitation is hereby deleted and replaced with the following: “in no event shall the Annual Bonus received exceed 200% of the Base Salary”.

 

Except as expressly stated above, all terms, conditions and obligations contained in the Employment Agreement shall remain in full force and effect and shall have the same effect as if repeated herein in their entirety.

 

 

	
 
    	
FLORIDA EAST COAST RAILWAY L.L.C.
    
	
 
    	
 
    
	
 
    	
By:
    	
/s/ John Brenholt
    
	
 
    	
 
    	
Name: John Brenholt
    
	
 
    	
 
    	
Title: Executive Vice President and Chief   Financial Officer
    
	
 
    	
 
    
	
 
    	
FLORIDA EAST COAST RAILWAY CORP.
    
	
 
    	
 
    
	
 
    	
By:
    	
/s/ John Brenholt
    
	
 
    	
 
    	
Name: John Brenholt
    
	
 
    	
 
    	
Title: Executive Vice President and Chief   Financial Officer
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
EXECUTIVE
    
	
 
    	
 
    
	
 
    	
/s/ James R. Hertwig
    
	
 
    	
James R. Hertwig
POWER OF ATTORNEY

            WHEREAS, the undersigned officers and directors of Vital Signs, Inc.
desire to authorize  Terence D. Wall,  Anthony J. Dimun and Barry Wicker, to act
as their  attorneys-in-fact  and agents, for the purpose of executing and filing
the  Corporation's  Annual Report on Form 10-K for the year ended  September 30,
1997, including all amendments thereto,

            NOW, THEREFORE,

            KNOW ALL MEN BY THESE  PRESENTS,  that each person  whose  signature
appears below  constitutes  and appoints  Terence D. Wall,  Anthony J. Dimun and
Barry Wicker and each of them, his true and lawful  attorney-in-fact  and agent,
with full power of substitution and  resubstitution,  to sign the  Corporation's
Annual Report on Form 10-K for the year ended September 30, 1997,  including any
and all amendments thereto, and to file the same, with all exhibits thereto, and
other  documents  in  connection  therewith,  with the  Securities  and Exchange
Commission,  granting unto said  attorneys-in-fact and agents, and each of them,
full  power  and  authority  to do and  perform  each and  every  act and  thing
requisite and  necessary to be done in and about the  premises,  as fully and to
all intents and purposes as he might or could do in person, hereby ratifying and
confirming all that said  attorneys-in-fact and agents, or any of them, or their
or his substitute or substitutes,  may lawfully do or cause to be done by virtue
hereof.

            IN WITNESS  WHEREOF,  the  undersigned  have  executed this power of
attorney in the following capacities on this 15th day of December, 1997.

SIGNATURE                                           TITLE



/s/Terence D. Wall
_____________________                             President,  Chief   Executive 
Terence D. Wall                                   Officer and Director



/s/David J. Bershad
_____________________                             Director
David J. Bershad



/s/Anthony J. Dimun
_____________________                             Executive   Vice   President, 
Anthony J. Dimun                                  Chief    Financial    Officer,
                                                  Treasurer  and Director (Chief
                                                  (Chief      Financial     and 
                                                  Accounting Officer)
/s/Joseph J. Thomas
_____________________                             Director
Joseph J. Thomas



/s/John Toedtman
_____________________                             Director
John Toedtman



/s/Barry Wicker
_____________________                             Executive Vice President and 
Barry Wicker                                      Director
#### Tyrone Jerod ROBINSON, Appellant, v. STATE of Florida, Appellee.

No. P-142.

District Court of Appeal of Florida, First District.

Feb. 22, 1972.

Charles O. Mitchell, Jr., Jacksonville, of Moos & Mitchell, for appellant.

Robert L. Shevin, Atty. Gen., and Wallace E.' Allbritton, Asst. Atty. Gen., for appellee.

PER CURIAM.

The briefs and the record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed.

CARROLL, DONALD K., Acting C. J., and WIGGINTON and RAWLS, JJ., concur.
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

Each of the undersigned hereby certifies,
in his capacity as an officer of Adept Technology, Inc. (the Company), for purposes of 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that based on his knowledge:



| |  |  | the Annual Report of the Company on Form 10-K for the fiscal year ended June 30, 2011 fully complies with the requirements of Section 13(a)
of the Securities Exchange Act of 1934; and
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in such report fairly presents, in all material respects, the financial condition and results of operation of the Company.
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated: September 6, 2011



|                                     
|-------------------------------------
|/s/ John Dulchinos                   
|John Dulchinos                       
|President and Chief Executive Officer

Dated: September 6, 2011



|                          
|--------------------------
|/s/ Lisa M. Cummins       
|Lisa M. Cummins           
|Vice President of Finance,
|Chief Financial Officer   

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

A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been
provided to Adept Technology, Inc. and will be retained by Adept Technology, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
* 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

April 22, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-41560

Conference Calendar

 

DAVID SELVER,

Plaintiff-Appellant,

versus

COLLIN COUNTY DISTRICT COURT; COLLIN COUNTY DETENTION 

FACILITY; CITY OF MCKINNEY; CITY OF PLANO POLICE DEPARTMENT;

DEPARTMENT OF PUBLIC SAFETY, Garland, Texas

Defendants-Appellees.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:02-CV-218

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

Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM:*

David Selver, Texas prisoner # 160221, appeals the dismissal

without prejudice of his Eighth Amendment claims. His brief is

devoid of legal argument and, given its most liberal

construction, simply asserts that he amended his complaint to

delete the claims that he is illegally incarcerated and to raise

only his Eighth Amendment claim. He does not assign error to the

dismissal of that claim for failure to file an amended complaint
No. 02-41560

-2-

within the period prescribed by the magistrate judge. He has

therefore not presented an issue for this court to review. 

Selver’s appeal is therefore without arguable merit and is

dismissed as frivolous. 5TH CIR. R. 42.2; Howard v. King, 707

F.2d 215, 220 (5th Cir. 1983). 

Selver is informed that the dismissal of this appeal as

frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g),

in addition to the strike he accumulated for the dismissal of

Selver v. Ford Motor Credit Co., No. 02-11044 (5th Cir. Jan. 24,

2003) (unpublished). See Adepegba v. Hammons, 103 F.3d 383, 388

(5th Cir. 1996). Selver also garnered a strike from the

dismissal as frivolous of his § 1983 complaint in Selver v.

Liberty Mutual Ins., No. 02-CV-1643 (N.D. Tex. Oct. 28, 2002)

(unpublished). Selver has thus accumulated three “strikes” under

28 U.S.C. § 1915(g). He is BARRED from bringing any civil action

or appeal in forma pauperis while he is incarcerated or detained

in any facility unless he shows that he is under imminent danger

of serious physical injury. 

APPEAL DISMISSED; THREE-STRIKES BAR IMPOSED.