alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 For the Fifth Circuit

No. 98-60403 Summary Calendar

EARLINE JOWERS,

Plaintiff-Appellant,

VERSUS

TUPELO POLICE DEPARTMENT,

Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Mississippi

(1:96-CV-347-S-D)

December 21, 1998

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Earline Jowers (Jowers) has been employed by the Tupelo Police

Department since 1974. In 1991, she was promoted to the position

of master sergeant. In August 1995, three openings for lieutenant

were posted; but Jowers did not receive a promotion to any of these

positions. Jowers filed suit under Title VII and Age2

Discrimination and Employmen t Act alleging that she was

discriminated against on the basis of sex or age when she was not

selected for promotion. After adequate discovery, the defendant,

Tupelo Police Department, moved for summary judgment. The district

court granted defendant’s motion for summary judgment and dismissed

plaintiff’s cause of action. Jowers timely appealed.

We have carefully reviewed the briefs, the reply brie f, the

record excerpts and relevant portions of the record itself. For

the reasons stated by the district court in its opinion filed

J anuary 22, 1998, we affirm the order granted defendant’s mot ion

for summary judgment entered on January 22, 1998.

AFFIRMED

.
#### STATE of Florida, Petitioner, v. George CURTIS, Respondent.

No. 73-250.

District Court of Appeal of Florida, Third District.

Aug. 21, 1973.

Rehearing Denied Sept. 13, 1973.

Richard E. Gerstein, State’s Atty., and Harold Ungerleider, Asst. State’s Atty., for petitioner.

Phillip A. Hubbart, Public Defender, and Roy E. Black, Asst. Public Defender, for respondent.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

PER CURIAM.

By certiorari, the state seeks review of a pre-trial1 order of the trial judge permitting the defendant at trial to introduce expert testimony concerning the results of a polygraph examination made of the defendant. This order was entered after an extensive evidentiary hearing as to the reliability of the polygraph.

The admissibility of polygraph evidence has been the subject of appellate scrutiny by our Supreme Court which has found such evidence to be inadmissible as recently as 1970. Kaminski v. State, Fla.1952, 63 So.2d 339; Anderson v. State, Fla.1970, 241 So.2d 309. It is clear trial courts should follow the most recent pronouncements of the Supreme Court. *See:*Hoffman v. Jones, Fla.1973, 280 So.2d 431 (1973). Moreover, we believe that the va*515lidity of the polygraph test and the reliability of testimony dealing therewith is still dependent upon too large a number of variable factors impossible of resolution. See: United States v. Urquidez, D.C.Cal.1973, 356 F.Supp. 1363.

Accordingly, certiorari is granted and the order of the trial court allowing the admission of such testimony in defendant’s trial is quashed and remanded for proceedings in accord herewith.

1

. This order took place before the new trial of defendant. The state also attacks the jurisdiction of the court to have entered the order granting the new trial. However, the record reveals that the state made no attempt to appeal from the order granting the new trial as provided for by Fla.Stat. § 924.07, F.S.A., and the state cannot now argue the point.
# C_2012049EN.01000101.xml

| 18.2.2012 | EN | Official Journal of the European Union | C 49/1 |
| --- | --- | --- | --- |

18.2.2012

EN

Official Journal of the European Union

C 49/1

---

2012/C 49/01

Last publication of the Court of Justice of the European Union in the Official Journal of the European Union

Official Journal of the European Union

OJ C 39, 11.2.2012

OJ C 39, 11.2.2012

Past publications

Past publications

OJ C 32, 4.2.2012

OJ C 25, 28.1.2012

OJ C 13, 14.1.2012

OJ C 6, 7.1.2012

OJ C 370, 17.12.2011

OJ C 362, 10.12.2011

These texts are available on:

EUR-Lex: http://eur-lex.europa.eu

---
<PAGE>

                          INDEPENDENT AUDITOR'S CONSENT


We consent to the use in this Amended Registration Statement of Vicom,
Incorporated (Company) on Amendment No. 1 to Form S-1 of our reports as follows:

         Vicom, Incorporated and Subsidiaries, dated February 23, 2000, except
         for Note 15, as to which the date is April 3, 2000.

         Ekman, Inc., d/b/a Corporate Technologies, dated February 16, 2000.

All the above reports appear in the Prospectus, which is part of this
Registration Statement. We also consent to the reference to us under the heading
"Experts" in such Prospectus.

Our audits of the financial statements referred to in our aforementioned reports
also included the financial statement schedule of Vicom, Incorporated listed in
Schedule II. This financial statement schedule is the responsibility of the
Company's management. Our responsibility is to express an opinion based on our
audits. In our opinion, such financial statement schedule, when considered in
relation to the basic financial statements taken as a whole, presents fairly, in
all material respects, the information set forth therein.



                                             LURIE, BESIKOF, LAPIDUS & CO., LLP

Minneapolis, Minnesota
September 14, 2000
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 Maritime Commission

                    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary by email at                     *Secretary@fmc.gov,*                     or by mail, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the                     **Federal Register**                    . A copy of the agreement is available through the Commission's website (                    *www.fmc.gov*) or by contacting the Office of Agreements at (202)-523-5793 or                     *tradeanalysis@fmc.gov.*

*Agreement No.:*                     201264.                

*Agreement Name:*                     Maersk/MSC Turkey Space Charter Agreement.                

*Parties:*                     Maersk Line A/S and Mediterranean Shipping Company S.A.                

*Filing Party:*                     Wayne Rohde, Cozen O'Connor.                

*Synopsis:*                     The Agreement authorizes Maersk to charter space to MSC in the trade from Turkey to the U.S. East Coast.                

*Proposed Effective Date:*                     9/10/2018.                

*Location: https://www2.fmc.gov/​FMC.Agreements.Web/​Public/​AgreementHistory/​15239*.                

Dated: August 3, 2018.

Rachel Dickon,

Secretary.

[FR Doc. 2018-16981 Filed 8-7-18; 8:45 am]

 BILLING CODE 6731-AA-P
EXHIBIT 32.1

Certificate pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officers of Cray Inc. (the Company) hereby certify, to such
officers knowledge, that:

(i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended
March 31, 2011 (the Report), fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

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



|                   |  |                                                     
|------------------ |  | ----------------------------------------------------
|Dated: May 9, 2011 |  | /s/ PETER J. UNGARO                                 
|                   |  | Peter J. Ungaro                                     
|                   |  | President and Chief Executive Officer               
|                   |  | (Principal Executive Officer)                       
|                   | 
|                   |  | /s/ BRIAN C. HENRY                                  
|                   |  | Brian C. Henry                                      
|                   |  | Executive Vice President and Chief Financial Officer
|                   |  | (Principal Financial Officer)                       

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act
of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
No. 11326.

#### Kehm *v.*The German Mutual Insurance Co. of Cincinnati.

Decided February 8, 1910.

Error to Circuit Court of Hamilton county.

*Mr. Albert Bettinger,*for plaintiff in error.

*Mr. John Sayler*and *Messrs. Sayler & Sayler,*for defendant in error.

Judgment affirmed.

Crew, Spear and Shauck, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           7,563
<SECURITIES>                                         0
<RECEIVABLES>                                   62,553
<ALLOWANCES>                                     1,645
<INVENTORY>                                     49,688
<CURRENT-ASSETS>                               135,464
<PP&E>                                          62,990
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 233,954
<CURRENT-LIABILITIES>                           58,414
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        21,651
<OTHER-SE>                                     108,775
<TOTAL-LIABILITY-AND-EQUITY>                   233,954
<SALES>                                        268,861
<TOTAL-REVENUES>                               268,861
<CGS>                                          170,067
<TOTAL-COSTS>                                  170,067
<OTHER-EXPENSES>                                78,347
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,971
<INCOME-PRETAX>                                 17,476
<INCOME-TAX>                                     6,902
<INCOME-CONTINUING>                             10,574
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,574
<EPS-PRIMARY>                                     0.62
<EPS-DILUTED>                                     0.61
        

</TABLE>
# C_2011294EN.01000202.xml

| 6.10.2011 | EN | Official Journal of the European Union | C 294/2 |
| --- | --- | --- | --- |

6.10.2011

EN

Official Journal of the European Union

C 294/2

---

Non-opposition to a notified concentration

(Case COMP/M.6093 — BASF/INEOS/Styrene/JV)

(Text with EEA relevance)

2011/C 294/04

On 1 June 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6093. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6093. EUR-Lex is the on-line access to the European law.

---
[DESCRIPTION]     COMPUTATION OF INCOME (LOSS) PER SHARE


                             Exhibit 11.1

                 Computation of Income (Loss) Per Share
<TABLE>
<CAPTION>
                             Three months ended       Nine months ended
                                September 30,            September 30,
                            ----------------------  ------------------------
                               1996        1995         1996        1995
                            ----------  ----------  -----------  -----------
                               (unaudited)              (unaudited)
Primary income(loss) per share:
 Adj. To net income(loss):
   <S>                      <C>         <C>         <C>          <C>
   Net income (loss)        ($ 434,920) ($ 739,451) ($  625,781) ($  684,621)
                            ----------  ----------  -----------  -----------
   Adjd. Net income(loss)   ($ 434,920) ($ 739,451) ($  625,781) ($  684,621)

 Adj. To shares outstanding:
   Actual weighted average
    Shares outstanding       4,022,894   2,627,260    4,017,785    2,518,460
   Net additional shares
    issuable upon conversion
    of warrants and options   (416,848) (   1,677)     (179,736) (     2,433)
                             ---------   ---------   ----------  -----------
   Adj. shares outstanding   3,606,046   2,625,583    3,838,049    2,516,027

 Primary income (loss)
    per share                ($    .12)  ($    .28)   ($    .16) ($      .27)
                             =========   =========    =========  ===========

Fully diluted income(loss) per share:
 Adj. To net income(loss):
   Net income (loss)        ($ 434,920) ($ 739,451) ($  625,781) ($  684,621)
   Elimination of interest
    expense on convertible
    notes                                   33,827                   104,448
   Elimination of deferred
    financing fees                           1,066               (    33,027) 
                            ----------  ----------  -----------  -----------
   Adjd. Net income(loss)   ($ 434,920) ($ 704,558) ($  625,781) ($  613,200)

 Adj. To shares outstanding:
   Actual weighted average
    shares outstanding       4,022,894   2,627,260    4,017,785    2,518,460
   Conversion of convertible
    notes into 15% of common
    stock outstanding                      391,060                   422,679
   Pre-emptive shares                       20,582                    22,246
   Net additional shares
    issuable upon conversion
    of warrants and options   (506,056)   (  1,677)    (506,056)    ( 2,433)
                             ---------   ---------   ----------  -----------
   Adj. Shares outstanding   3,516,838   3,037,225    3,511,729    2,960,952

 Fully diluted income (loss)
    per share                ($    .12)  ($    .23)   ($    .18) ($      .21)
                             =========   =========    =========  ===========
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                    
<PERIOD-TYPE>                   YEAR                   
<FISCAL-YEAR-END>                      DEC-28-1998     
<PERIOD-END>                           MAR-29-1998
<CASH>                                     757,024
<SECURITIES>                                     0
<RECEIVABLES>                            2,380,721
<ALLOWANCES>                                     0
<INVENTORY>                                591,822
<CURRENT-ASSETS>                         2,376,301
<PP&E>                                   8,211,107
<DEPRECIATION>                           2,606,065      
<TOTAL-ASSETS>                          13,438,509
<CURRENT-LIABILITIES>                    2,374,565
<BONDS>                                  2,647,953      
<COMMON>                                    11,887   
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                               7,956,646
<TOTAL-LIABILITY-AND-EQUITY>            13,438,509
<SALES>                                  3,109,045
<TOTAL-REVENUES>                         3,785,220
<CGS>                                      993,056
<TOTAL-COSTS>                            2,623,845
<OTHER-EXPENSES>                         1,064,137
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                          34,894
<INCOME-PRETAX>                             62,344
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                62,344
<EPS-PRIMARY>                                  .01
<EPS-DILUTED>                                  .01
        

</TABLE>
# Exposure Report
PMN Number: P-10-0224

8/2/2010 5:04:23 PM Assessor: Cinalli/SD
Ratings

N on-Occupational 

### : N R Environmental: N R Drop Criteria: EAB Drop Criteria Reasoning: N o water releases and all other releases below threshold Exposure Based 

### Assessment: Exposure-Based ( N on-Occupational): Exposure-Based (Environmental):
Exposure Parameter Exposure-Based Persistent/Bioaccum Exposure Value Surface DW: Fish Ingestion: Ground DW: Inhalation: Water Releases: Total Releases: Consumer Exposure: 

### Recommended Fate Tests:
Consumer Use expected? N 

### Consumer Use remarks:

### Environmental Release Information for Those Releases Which Went to the Model (Release Identifier Number )

1
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.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of availability.

# SUMMARY:

In accordance with Section 3(b) of the Wild and Scenic Rivers Act, the USDA Forest Service, Washington Office, transmitted the final boundary of the Ontonagon National Wild and Scenic River to Congress.

# FOR FURTHER INFORMATION CONTACT:

Information may be obtained by contacting the Ottawa National Forest, E6248 US 2; Ironwood, MI; 49938; (906)-932-1330.

# SUPPLEMENTARY INFORMATION:

The Ontonagon Wild and Scenic River boundary is available for review at the following offices: USDA Forest Service, Lands, Yates Building, 14th and Independence Avenues SW, Washington, DC 20024; Eastern Region, 626 East Wisconsin Ave., Milwaukee, WI, 53202; and, Ottawa National Forest, E6248 US 2, Ironwood, MI, 49938.

The Michigan Scenic Rivers Act of 1991, Public Law 102-249, March 3, 1992, designated the Ontonagon River, Michigan, as a National Wild and Scenic River, to be administered by the Secretary of Agriculture. The USDA Forest Service transmitted the final boundary to Congress on March 2, 2017. As specified by law, the boundary became effective ninety days after Congress received the transmittal.

Dated: July 19, 2018.

Glenn P. Casamassa,

Associate Deputy Chief, National Forest System.

[FR Doc. 2018-16815 Filed 8-6-18; 8:45 am]

 BILLING CODE 3411-15-P