alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals 

for the Federal Circuit ______________________ 

July 19, 2018 

ERRATA

______________________ 

Appeal Nos. 2016-1559, 2016-1893, 2016-1894

ENERGY HEATING, LLC, AN IDAHO LIMITED 

LIABILITY COMPANY, ROCKY MOUNTAIN 

OILFIELD SERVICES, LLC, AN IDAHO LIMITED

LIABILITY COMPANY,

Plaintiffs-Cross-Appellants

MARATHON OIL CORPORATION, MARATHON OIL 

COMPANY,

Third-Party Defendants-Cross-Appellants

v.

HEAT ON-THE-FLY, LLC, A LOUISIANA LIMITED 

LIABILITY COMPANY, SUPER HEATERS NORTH 

DAKOTA, LLC, A NORTH DAKOTA LIMITED 

LIABILITY COMPANY,

Defendants-Appellants

Decided: May 4, 2018 

Precedential Opinion

______________________ 

Please make the following changes: 
2 ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC

On page 16, lines 34–35, delete:

HOTF did not object

Replace the deleted language with: 

no one objected

On page 17, lines 24–27, delete:

Energy, however, also called Mr. Lind, 

who testified that, according to 

Mr. Kelley, Mr. Lyles had mentioned 

the patent to Mr. Kelley. HOTF did not 

object to Mr. Lind’s testimony. 

Replace the deleted language with:

HOTF, however, subsequently called 

Mr. Lind as an adverse witness. HOTF 

elicited from him the same allegedly 

hearsay statements to which Mr. Powell 

had earlier testified and to which HOTF

had previously objected. No one objected to Mr. Lind’s testimony.

On page 17, lines 29–30, delete: 

On this unusual record where HOTF 

did not object to Mr. Lind’s testimony, 

Replace the deleted language with: 

On this unusual record, where HOTF itself elicited Mr. Lind’s testimony,
Jun , 25 , 201 0 11:21A M No , 894 3 P . 2 Joh n Anderso n Presiden t NOYA C HILL S ESTATE S ASSOCIATIO N

16 8 Wildwoo dRoa d l^fP l OFWi^ l Sa g Harbor , Ne w Yor k 1196 3 ^ Docke t Operation s M 3 0 U.S . Dept , o f

Transportatio n 120 0 Ne w Jerse y Avenu e S E RoomW12-U 0 Wes t Buildin g Groun dFloo r Washingto n D.C , 20590-000 1 RE : Docke t

Numbe r FAA-2010-030 2 Jun e 23,201 0 T o Who mI t

May Concern ; I a mwritin g a s th e Presiden t o f th e Noyac Hill s Estate s Association . Our member s are 8 ? hom

e owner s wh o hav e bee n endurin g nois e an d disturbanc e t o thei r enjoymen t o f thei r home s an d propertie s a s aconsequenc e o f numerou s helicopter s flying overhead . W e appreciate an d applau dth e FA A fo r proposin g mandatoi y flight rule s for helicopter s over lon g Island . Th e followin g amendment s ar e offered in a n effor t t o strengthe n th e propose d rules :

• That

helicopter s usin g th e Nort h Shor e route b e require d t o us e Orient Poin t a s a waypoin t t o procee d ove

r wate r t o th e maximumextent

possibl e whe n arriving/departin g Eas t Hampto n Airpor

t (HTO ) or point s eas t

o f HTO . And , fiirther , tha t

the y compl y wit

h local (HTO ) rule s concernin g flight path s an d minimu

maltitudes .

• Tha

t th e FA A establis h simila

r mandator y flight rule s for th e Sout h Shor e rout e an d establis h procedure s t o equaliz e th e volume o f helicopter

traffi c usin g th e Nort

h an d Sout h Shore routes .

• Tha

t th e minimumflight

altitud e b e increase d t o 300 0 feet from250 0 feet . I n addition , w e strongl y encourag e th e FA A t o establis h procedure s i n cooperatio n wit

h loca l airport s t o monito r

andenforc e complianc e wit h th e propose drules . Th e dat ademonstrate s tha t th e vas t majorit y o f helicopter

traffi c over

Lon g Islan d operate s betee n Eas t

Hampto n Airpor

t (HTO ) and Ne w Yor

k City . Accordingly , w e think i t i s appropriate t o empower

HT O management

t o establis h an d enforc e certai n local rule s designe d t o mitigate an dreduc e th e nois e impac t o f helicopte r

traffi c on Lon g Islan d residents . Thank you . Your s truly . Joh n Anderson , Presiden t Noya c Hill s Estate s Associatio n cc : Nanc y Graboski , TimBishop , Chuc k Schume r
EXHIBIT 99.2



	The following certification is provided by the undersigned as Chief
Financial Officer of Garan, Incorporated on the basis of such officer's
knowledge and belief for the sole purpose of complying with 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002.

                          CERTIFICATION

In connection with the Quarterly Report of Garan, Incorporated ("Company")
on Form 10-Q for the period ended June 30, 2002 as filed with the
Securities and Exchange Commission on August 14, 2002 ("Report"), I,
William J. Wilson, Vice President - Finance and Administration and Chief
Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that:

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

 2    The information contained in the Report fairly presents, in all
      material respects, the financial condition and results of operations
      of the Company for the periods indicated.


/s/ William J. Wilson
--------------------------
Name: William J. Wilson
Title: Vice President - Finance and Administration
       and Chief Financial Officer
Date: August 14, 2002
Exhibit 23
**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
     We consent to the incorporation by reference in the RegistrationStatements on Form S-8 (File No. 333-62573 and 333-102551), Form S-3 (File No.333-18613, 333-70773 and 333-46721) and Form SB-2 (File No. 333-115221) ofViseon, Inc. and subsidiaries of our report dated September 8, 2004 included inForm 10-KSB for the year ended June 30, 2004.
/s/ VIRCHOW, KRAUSE & COMPANY, LLP
Minneapolis, Minnesota
**EXHIBIT
32.2**
 
 **FROZEN
FOOD EXPRESS INDUSTRIES, INC.**
 **CERTIFICATION
OF CHIEF FINANCIAL OFFICER**
 **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 Frozen Food Express Industries, Inc.
(the "Company") on Form 10-Q for the fiscal quarter ended June 30, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, F. Dixon McElwee, Jr., Chief Financial 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 (a) the Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;
and (b) the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.
 
 Dated:
      August 4, 2005
    
    /s/
      F. Dixon McElwee, Jr.F.
      Dixon McElwee, Jr.
      Senior
      Vice President
      Principal
      Financial and
      Accounting
      Officer
<PAGE>
                                                                      EXHIBIT 23


                       CONSENT OF INDEPENDENT ACCOUNTANTS

      We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-2938) of Horizon Health Corporation; the
Registration Statement on Form S-8 (No. 333-36953) of Horizon Health
Corporation; the Registration Statement on Form S-8 (No. 333-91761) of Horizon
Health Corporation; and the Registration Statement on Form S-8 (no. 333-44690)
of our report on Horizon Health Corporation dated October 11, 2002 except with
respect to the mater discussed in paragraph two of Note 16, as to which the date
is November 4, 2002, appearing on Page F - 2 of this Form 10-K.




PricewaterhouseCoopers LLP
Dallas, Texas
October 11, 2002
EXHIBIT 32.1


                            Certification Pursuant to
                             18 U.S.C. Section 1350
                             As Adopted Pursuant to
                    Section 906 of Sarbanes-Oxley Act of 2002



     I, Robert Panico, Chief Executive Officer (Principal Executive Officer),
certify that this quarterly report on Form 10-QSB for the quarterly period ended
March 31, 2006 fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, and that the information
contained herein fairly presents, in all material respects, the financial
condition and results of operations of Gateway Energy Corporation and its
subsidiaries for the periods presented.


Date:  May 12, 2006                         /s/  Robert Panico
                                            -----------------------------------
                                                 Robert Panico
                                                 Chief Executive Officer
                                                 (Principal Executive Officer)
# AVS

Quality Management System Title: Domestic New Action Worksheet with SB QPM# AIR-ANM-030-F7 Date: September 15, 2009 Revision 1 Page 4of 5 

## Record ofContacts 1-0\0 -0032- FDMS Docket No. FAA-200

_ Withwhom outside the FAA has this proposal been discussed (e.g., ATA, RAA, ALPA, etc.)?

Organization Person Contacted Date Boeing Alan Macias 11/7/08 Boeing John Gross 11/7/08 ATA Mark Lopez 09/15/09

UNCONTROLLED COPY WHEN DOWNLOADED Check the Master ListtoVerify That This isthe Corred Revision Before Use
<Page>

                                                                     EXHIBIT 4.1

                               AMENDMENT NO. 1 TO
                             VEECO INSTRUMENTS INC.
                             2000 STOCK OPTION PLAN

                             Effective May 11, 2001

      Section 5(a) of the Veeco Instruments Inc. 2000 Stock Option Plan (the
"2000 Plan") is hereby amended to read, in its entirety, as follows:

            5.    GRANT OF AWARDS; SHARES SUBJECT TO THE PLAN

                  The Committee may, from time to time, grant Options to one or
            more Eligible Persons; provided, however, that:

                  (a) Subject to Section 9, the aggregate number of shares of
            Stock in respect of which Options may be granted under the Plan
            shall not exceed 2,200,000;

      A new paragraph (c) is hereby added to Section 12 of the 2000 Plan to read
as follows:

                  (c) REPRICING. Notwithstanding any other provision of this
            Plan, no amendment or modification of the Plan or of any Stock
            Option Agreement may lower the exercise price of a previously
            granted award, nor may the Board, the Committee or the Company
            cancel and regrant an Option with the effect of repricing an Option,
            without in either case shareholder approval.

                                    * * * * *
EXHIBIT 99.14




CONSENT OF PETER BROAD





March 31, 2011





Brigus Gold Corp.


United States Securities and Exchange Commission





Re: Brigus Gold Corp.





Ladies and Gentlemen:





I hereby consent to (i) the use of my name in connection with the following documents and reports, which are either referenced in or filed as exhibits with the Annual Report on Form 40-F for the year ended December 31, 2010 (the “Form 40-F”) of Brigus Gold Corp. (the “Company”) to which this consent relates: (A) the technical report entitled “Black Fox Project National Instrument 43-101 Technical Report” dated January 6, 2011 (the “Report”), (B) the Company’s Annual Information Form for the year ended December 31, 2010 and (C) the Company’s Management’s Discussion and Analysis for the year ended December 31, 2010, (ii) the inclusion or incorporation by reference of information derived from the Report in the Registration Statements on Forms S-8 (File Nos. 333-113889 and 333-162558), as amended, or any related abbreviated registration statement filed by the Company with the Securities and Exchange Commission pursuant to Rule 462(b) under the Securities Act of 1933, as amended, or in any amendment to any of the foregoing, or to any prospectuses or amendments or supplements thereto and (iii) all other references to the undersigned included or incorporated by reference in the above-referenced Registration Statements and in any prospectuses or amendments or supplements thereto.





Sincerely,





/s/ Peter BroadName: Peter Broad
**UNITED STATES**

**SECURITIES AND EXCHANGE COMMISSION**

**Washington, D. C.  20549**

**** 

** FORM 10-Q/A**

**(Amendment No. 1)**

**** 

            [X]  QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d)

 OF THE SECURITIES EXCHANGE ACT OF 1934

            

For the quarterly period ended June 30, 2009

OR

            [  ]  TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE EXCHANGE ACT 

 

For the transition period from

 __________to __________

 

Commission File No.                0-6404              

 

GATEWAY ENERGY CORPORATION

(Exact name of small business issuer as specified in its charter)

 

 

1415 Louisiana Street, Suite 4100

Houston, TX  77002

(Address of principal executive offices)

 

(713) 336-0844

(Issuer's telephone number)

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.       Yes   X       No                

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).          Yes   X            No          

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
#### STATE of Louisiana v. Ruby GREEN.

No. 61507.

Supreme Court of Louisiana.

Sept. 14, 1978.

Paul H. Jantz, of McReynolds & Jantz, DeRidder, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., William C. Pe-gues, III, Dist. Atty., David W. Burton, Asst. Dist. Atty., for plaintiff-appellee.

PER CURIAM.

Affirmed.
#### CORBIN TRUCKING COMPANY, INC., Appellant, v. STEWART TITLE GUARANTY COMPANY, Appellee.

No. R-303.

District Court of Appeal of Florida, First District.

Feb. 8, 1973.

W. Paul Thompson, De Funiak Springs, for appellant.

John E. Roberts, of Roberts & Sheffield, Marianna, for appellee.

PER CURIAM.

This cause having been orally argued before the Court, the briefs and record on appeal having been read and given full consideration, and the appellant having failed to demonstrate reversible error, the final summary judgment of the lower court appealed from herein is affirmed.

SPECTOR, C. J., and RAWLS and JOHNSON, JJ., concur.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 05-4406

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus DAVID HEATH DOVE, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Joseph Robert Goodwin, District Judge. (CR-04-62) Submitted: March 3, 2006 Decided: March 29, 2006 Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Gregory J. Campbell, CAMPBELL LAW OFFICES, Charleston, West Virginia, for Appellant. Charles T. Miller, Acting United States Attorney, W. Chad Noel, Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: David Heath Dove appeals his eighty-four month sentence imposed following a guilty plea for two counts of distribution of cocaine, in violation of 18 U.S.C. § 841 (2000). We affirm. On appeal, Dove contends that the sentence imposed by the district court erroneously relied on facts that he did not admit to, in violation of his Sixth Amendment rights. After United States v. Booker , 543 U.S. 220 (2005), courts must calculate the appropriate guideline range, consider the range in conjunction with other relevant factors under the guidelines and 18 U.S.C. § 3553(a) (2000), and impose a sentence. If a court imposes a sentence outside the guideline range, the district court must state its reasons for doing so. United States v. Hughes , 401 F.3d 540, 547 (4th Cir. 2005). This remedial scheme applies to any sentence imposed under the mandatory guidelines, regardless of whether the sentence violates the Sixth Amendment. Id. (citing Booker , 125 S. Ct. at 769). This court should review a sentence imposed pursuant to § 3553 to determine whether it is reasonable. Booker , 125 S. Ct. at 764-67. In sentencing Dove, the district court expressly treated the sentencing guidelines as advisory, considered the factors listed in § 3553(a), and sentenced Dove within the properly* The statutory maximum for § 841 is twenty years. See18 U.S.C. § 841 (2000). - 3 - calculated guidelines range, and below the statutory maximum * for the offense. Accordingly, we conclude Dove’s sentence was reasonable. SeeHughes , 401 F.3d at 546-47 (noting after Booker , sentencing courts should determine the sentencing range under the guidelines, consider the other factors under § 3553(a), and impose a reasonable sentence within the statutory maximum). We therefore affirm Dove’s sentence. 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
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than July 17, 2018.

*A. Federal Reserve Bank of Philadelphia*                     (William Spaniel, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521. Comments can also be sent electronically to                     *Comments.applications@phil.frb.org:*

                    1.                     *LinkBancorp, Inc., Camp Hill, Pennsylvania;*                     to acquire voting shares of Stonebridge Bank, West Chester, Pennsylvania.                

Board of Governors of the Federal Reserve System, June 21, 2018.

Ann Misback,

Secretary of the Board.

[FR Doc. 2018-13733 Filed 6-26-18; 8:45 am]

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August 17, 2010 

Aloha Ley 

Associate Director 

Small Community Air Service Development Program (SCASDP) 

aloha.levffiidotgov 

Re: Small Community Air Service Development Grant 

Dear Ms. Ley, 

The Independent Flortda Alligator fiilly supports the Gainesville-Alachua County Regional 

Airport Authority's request for a Small Community Air Service Development grant to help 

support the new American Eagle Airlines service between Gainesville and Miami and the 

existing local air carriers. Delta Air Lines and US Airways. We recognize the importance of 

air service to economic development and the quality of life for residents and visitors in our 

region. Being the student newspaper that serves the University of Florida we recognize how 

vital this service will be to the students, faculty and staff. 

We want to help ensure the success of the new American Airlines service between 

Gainesville and the Miami hub. The lack of air service to South Florida and adequate 

connecting service to international destinations has forced many to commute to and from 

other airports or make the exhausting 5+ hour trip to Miami by automobile. Additionally, 

American's extensive domestic and international route structure from Miami will provide 

new travel options and a greater level of fi^uency. 

Due to the critical importance of quality air service for our region, we are committed to 

supportmg American's new service and continued improvement in air service. Therefore, we 

will be offering an added value of print and online advertising to the scheduled advertising 

campaign to help American Airlines establish its new route between GNV and MIA. With a 

distribution of 35,000 daily and a readership of over 50,000 readers, we believe our donation 

for advertising will help n^ e the new service successful. 

I urge you to proceed with approving the Airport Authority's request for a grant to assist with 

marketing efforts for the next two years. If you have any questions please feel free to contact 

me at tcarevfaialligator.ore or 352.376.4446, 

Sincerely, 

Patricia Carey 

General Manager