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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-20054 Conference Calendar

L. T. ROBERSON, Plaintiff-Appellant,

versus TEXAS USA; GEORGE W. BUSH, JR., Governor; TEXAS HOUSE OF REPRESENTATION; TEXAS SECRETARY OF STATE DEPARTMENT; TEXAS SECRETARY OF STATE; TEXAS DEPARTMENT OF AGRICULTURE; STRING FELLOW, Texas Department Criminal Justice; ALLAN POLUNSKY, Texas Board Criminal Justice; TOM C. CLARK, Criminal Justice Policy Council; VICTO RODREQUEZ, Texas Board of Pardons and Paroles; GERALD GARRETT, Texas Board of Pardons and Paroles; ETHIC COMMISSION OF TEXAS; PAROLE DIRECTOR; TEXAS COMMISSIONER OF HUMAN RIGHTS; WAYNE D. MORTY; ADJUTANT GENERAL, DEPARTMENT OF THE STATE OF TEXAS; HOUSE OF TEXAS SENATE; JOHN WHITMIRE, Criminal Justice Chairmen; PHIL GRAHAM, US Senate; LAWRENACE F. ALVIN, CPA; CAROL KEELER RYLANDER, Comptroller of Accounts; GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,
Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-00-CV-1055

-------------------- October 26, 2001 Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM: * L.T. Roberson (Roberson), Texas prisoner #705264, appeals the dismissal of his 42 U.S.C. § 1983 complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Because Roberson does notNo. 01-20054 -2- adequately address the district court's reasons for dismissing his civil action, he has abandoned the only issues before this
court. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Roberson’s appeal is without arguable merit and is thus frivolous. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is DISMISSED. 5 TH C IR . R. 42.2. Roberson’s motion for judicial notice is DENIED.
T he dismissal of this appeal and the district court's dismissal of this lawsuit as frivolous constitute two strikes for purposes of the 28 U.S.C. § 1915(g) bar. Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996)

. Roberson has previously been issued one strike by this court. See Roberson v. Morales , No. 98-40832 (5th Cir. April 16, 1999). As Roberson has accumulated three strikes, he may not proceed in forma pauperis in any civil action or appeal brought in a United States court while he is incarcerated unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g). MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; THREE-STRIKES BAR IMPOSED.
#### Jack ROSS and H. & S. Beach, Inc., a Florida corporation, Appellants, v. CITY OF MIAMI BEACH, Appellee. DORAL BEACH HOTEL CORP., Appellant, v. CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of the State of Florida, Appellee.

Nos. 66-1074, 67-538.

District Court of Appeal of Florida. Third District.

Jan. 16, 1968.

Rehearing Denied in No. 66-1074 Feb. 14, 1968.

*244Aronovitz, Aronovitz & Haverfield and Arnold D. Schatzman, Miami, for Ross and H. & S. Beach, Inc., appéllants.

Meyer, Weiss, Rose & Arkin and Gerald W. Higier, Miami Beach, for Doral Beach Hotel Corporation, appellant.

Joseph A. Wanick, City Atty., and Melvin F. Frankel and Ira M. Elegant, Asst. City Attys., for appellee.

Before PEARSON, BARKDULL and SWANN, JJ.

PER CURIAM.

We are presented with two appeals by hotels in the City of Miami Beach claiming invalidity of certain sections of Ordinance No. 289 which is a portion of the zoning code of Miami Beach. These appeals were consolidated for argument and since they are decided by the same principle, they are dealt with in one decision. The ordinance attacked contains a prohibition of signs outside the hotels for the purpose of advertising “accessory uses” within the hotels. One of the effects of the ordinance is to prohibit , any outside signs advertising coffee shops and cocktail lounges.

This provision of the ordinance has been expressly upheld by the Supreme Court of Florida. See International Company, Inc. v. City of Miami Beach, Fla. 1956, 90 So.2d 906.1 Neither appellant has presented any reason why the opinion of the Supreme Court of Florida is not applicable and does not govern this case. We therefore affirm each appeal upon authority of above-cited decision.

Affirmed.

1

. We note that these consolidated appeals challenge section 4-D and section 5*4 of Ordinance No. 289, whereas, the International Company litigation was concerned with section 5 of Ordinance No. 289. However, all of these sections control use regulations within “multiple family district.”
#### Diane HOFFMAN, Appellant, v. Leo ROBINSON, individually, Ted Bodin, individually, Universal Knitting Mills, Inc., Universal Fabrics, Inc., and B. B. B. Knitting Mills, Inc., Appellees.

No. 68-70.

District Court of Appeal of Florida. Third District.

Aug. 13, 1968.

Irwin Gars and Robert Dixon, Miami, for appellant.

Feibelmañ, Friedman, Hyman & Britton, Miami, for appellees.

Before PEARSON and HENDRY, JJ., and PIERCE, WILLIAM C., Associate Judge.

PER CURIAM.

This is an appeal by the plaintiff from a summary final judgment for the defendants in an action seeking damages for *268the breach of an employment contract. It is clear under the theory sued upon that the plaintiff could recover only if the written contract provided a definite period of employment. See Sher v. Shower Door Company of America, Ltd., Fla.App.1967, 197 So.2d 333, and cases cited therein.

The appellant contends that since paragraph four, subsection (c), of the contract provides that “this agreement shall remain in force for a period of twenty-five (25) years from the date hereof,” the contract either provides that she be employed for twenty-five years, or it is ambiguous as to the duration of her employment; if the contract is ambiguous then it must be construed in favor of the appellant, the non-drafter of the contract.

The trial court found this contention untenable because only paragraph one of the contract deals with employment.

> íjí >jí 5¡S *%*j}?

> “1. HOFFMAN agrees to immediately accept employment with KNITTING at a salary of $25,000.00 per annum, payable weekly.”

Paragraph four deals with the exercising of a stock option and the rights of the parties if the option is exercised.

The legal effect of a contract must be determined from the words of the entire contract. Union Cent. Life Ins. Co. v. Neuhoff, 157 Fla. 98, 24 So.2d 906 (1946). A court may not violate the clear meaning of a contract in order to create an ambiguity. Voelker v. Combined Ins. Co. of America, Fla.1954, 73 So.2d 403, 408.

We hold that from a reading of the contract as a whole, it is clear that the quoted portion of paragraph four, subsection (c), of the contract does not refer to the length of employment. Therefore, the trial court was correct in granting summary final judgment for the appellees.

Affirmed.
<PAGE>



                                  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


                 August 24, 2000                    0-29768
              -----------------------        -------------------
                   Date of Report            Commission File Number
         (Date of earliest event reported)


                                24/7 MEDIA, INC.
 ------------------------------------------------------------------------------
             (Exact Name of Registrant as Specified in Its Charter)


                    Delaware                        13-3995672
---------------------- --------------------------------------------------------
           (State or Other Jurisdiction           (IRS Employer
                  of Formation)               Identification Number)


                     1250 Broadway, New York, New York 10001
-------------------------------------------------------------------------------
          (Address of Principal Executive Offices, Including Zip Code)


                                 (212) 231-7100
-------------------------------------------------------------------------------
               Registrant's Telephone Number, Including Area Code


                                       N/A
-------------------------------------------------------------------------------
          (Former Name of Former Address, if Changed Since Last Report)



<PAGE>




ITEM 2.  ACQUISITION OR DISPOSITION OF ASSETS.

     On August 24, 2000, 24/7 Media, Inc. ("24/7 Media" or "we") hosted a
conference call to discuss its previously-announced acquisition of Website
Results, Inc. ("WSR"), and an expanded strategic relationship with Chinadotcom.

     The script is filed herewith as Exhibit 99.1 and is incorporated  herein by
reference.



ITEM 7.  FINANCIAL STATEMENTS AND EXHIBITS

     1.  EXHIBITS.

          99.1   Conference call script.





                                       2
<PAGE>



                                   SIGNATURES

     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.



                              24/7 MEDIA, INC.



                               By:  /s/ Mark E. Moran
                               ------------------------------
                               Name: Mark E. Moran
                               Title: Senior Vice President and General Counsel

Date:  August 24, 2000





                                       3
<PAGE>




                                  EXHIBIT INDEX


EXHIBIT NUMBER     DESCRIPTION


99.1               Conference call script.









                                       4
Exhibit No. 32.1


SMSA Humble Acquisition Corp.


File No. 0-54095


Form 10-Q


Quarter ended June 30, 2011








Certification 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 SMSA Humble Acquisition Corp. (the “Company”) on Form 10-Q for the period ended June 30, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Timothy P. Halter, Chief Executive and 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:





(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 Company.








Date: August 8, 2011
By:
/s/ Timothy P. HalterTimothy P. HalterChief Executive Officerand Chief Financial Officer











A signed original of this written statement required by Section 906 has been provided to SMSA Humble Acquisition Corp. and will be retained by SMSA Humble Acquisition Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Federal Register Volume 77, Number 209 (Monday, October 29, 2012)]
[Notices]
[Page 65603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26555]

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

DEPARTMENT OF STATE

[Public Notice 8076]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``Inventing Abstraction, 1910-1925''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority 
No. 257 of April 15, 2003), I hereby determine that the objects to be 
included in the exhibition ``Inventing Abstraction, 1910-1925,'' 
imported from abroad for temporary exhibition within the United States, 
are of cultural significance. The objects are imported pursuant to loan 
agreements with the foreign owners or custodians. I also determine that 
the exhibition or display of the exhibit objects at the Museum of 
Modern Art, New York, New York, from on or about December 23, 2012, 
until on or about April 15, 2013, and at possible additional 
exhibitions or venues yet to be determined, is in the national 
interest. I further determine that the exhibition or display of one of 
the objects at the Los Angeles County Museum of Art, Los Angeles, 
California, from on or about May 5, 2013, until on or about September 
2, 2013, in the exhibition ``Hans Richter: Encounters,'' is in the 
national interest. I have ordered that Public Notice of these 
Determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Paul W. Manning, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6469). The mailing address is U.S. Department of State, SA-5, L/PD, 
Fifth Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: October 23, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2012-26555 Filed 10-26-12; 8:45 am]
BILLING CODE 4710-05-P
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           3,236
<SECURITIES>                                         0
<RECEIVABLES>                                    4,586
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 1,357
<PP&E>                                         234,366
<DEPRECIATION>                                  27,552
<TOTAL-ASSETS>                                 218,731
<CURRENT-LIABILITIES>                            5,659
<BONDS>                                         39,500
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           149
<OTHER-SE>                                     162,313
<TOTAL-LIABILITY-AND-EQUITY>                   218,731
<SALES>                                         15,649
<TOTAL-REVENUES>                                15,811
<CGS>                                            6,290
<TOTAL-COSTS>                                    8,192
<OTHER-EXPENSES>                                    84
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 802
<INCOME-PRETAX>                                  6,733
<INCOME-TAX>                                     1,435
<INCOME-CONTINUING>                              2,626
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,107
<EPS-BASIC>                                        .28
<EPS-DILUTED>                                      .26


</TABLE>
**Exhibit 12**

**CREDIT SUISSE (USA), INC.STATEMENT RE COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES(Unaudited)(In millions, except for ratio)**

| ** **                                                    | ** ** | **For the Year Ended **December 31, | ** ** |
|---------------------------------------------------------------|------------|--------------------------------------------------------------|------------|
| ** **                                                    | ** ** | **2005**                                                     | ** ** | **2004** | ** ** | **2003** | ** ** | **2002** | ** ** | **2001** | ** ** |
| Earnings:                                                     |       |                                                         |       |   |   |   |   |   |   |   |   |
| Income (loss) before provision for income taxes(1)            |       | $                                                            | 1,141      |   | $ | 1,826 |   | $ | 569 |   | $ | (481 | ) | $ | (464 | ) |
| Add: Fixed Charges                                            |       |                                                         |       |   |   |   |   |   |   |   |   |
| Interest expense (gross)                                      |       | 10,996                                                       |       | 5,731 |   | 4,447 |   | 5,436 |   | 9,923 |   |
| Interest factor in rents                                      |       | 168                                                          |       | 161 |   | 159 |   | 167 |   | 187 |   |
| Total fixed charges from continuing operations                |       | 11,164                                                       |       | 5,892 |   | 4,606 |   | 5,603 |   | 10,110 |   |
| Subtract: Minority interests(2)                               |       | 959                                                          |       | 642 |   | — |   | — |   | — |   |
| Earnings before fixed charges and provision for  income taxes |       | $                                                            | 11,346     |   | $ | 7,076 |   | $ | 5,175 |   | $ | 5,122 |   | $ | 9,646 |   |
| Ratio of earnings  to fixed charges                           |       | 1.02                                                         |       | 1.20 |   | 1.12 |   | 0.91 | (3) | 0.95 | (4) |

----

(1)                 Income (loss)from continuing operations before provision (benefit) for income taxes,minority interests, discontinued operations, extraordinary item and cumulativeeffect of change in accounting principle.

(2)                 Related to theCompany’s consolidation of certain private equity funds.

(3)                 The dollar amountof the deficiency in the ratio of earnings to fixed charges was $481 millionfor the year ended December 31, 2002.

(4)                 The dollar amountof the deficiency in the ratio of earnings to fixed charges was $464 millionfor the year ended December 31, 2001.

(5)                 The ratio ofearnings to fixed charges was calculated by dividing the total fixed chargesfrom continuing operations into earnings before fixed charges and provision forincome taxes.

----
#### William B. DILLINGHAM, Petitioner, v. STATE of Florida, Respondent.

No. 42563.

Supreme Court of Florida.

Oct. 18, 1972.

Certiorari dismissed. 262 So.2d 241.

ROBERTS, C. J., and ERVIN, BOYD, McCAIN and DEKLE, JJ., concur.
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 FOR IMMEDIATE RELEASE:  FRIDAY, OCT. 12, 2012 Census Bureau Names Akram Khater to National Advisory Committee on Racial, Ethnic and Other Populations The U.S. Census Bureau announced today the establishment of the National Advisory Committee on Racial, Ethnic and Other Populations and has named Akram Khater as a member of the committee. The National Advisory Committee will advise the Census Bureau on a wide range of variables that affect the cost, accuracy and implementation of the Census Bureau’s programs and surveys, including the once-a-decade census. The committee, which is comprised of 32 members from multiple disciplines, will advise the Census Bureau on topics such as housing, children, youth, poverty, privacy, race and ethnicity, as well as lesbian, gay, bisexual, transgender and other populations. “We expect that the expertise of this committee will help us meet emerging challenges the Census Bureau faces in producing statistics about our diverse nation,” said Thomas Mesenbourg, the Census Bureau’s acting director. “By helping us better understand a variety of issues that affect statistical measurement, this committee will help ensure that the Census Bureau continues to provide relevant and timely statistics used by federal, state and local governments as well as business and industry in an increasingly technologically oriented society.” The National Advisory Committee members, who serve at the discretion of the Census Bureau director, are chosen to serve based on expertise and knowledge of the cultural patterns, issues and/or statistical needs of hard-to-count populations. **Akram Khater**, a native of Lebanon, is Alumni Distinguished University Professor, professor of history at North Carolina State University, director of the Middle East Studies Program and director of the Khayrallah Program for Lebanese-American Studies. He earned a bachelor’s degree in electrical engineering from California Polytechnic State University, a master’s degree in history from the University of California, Santa Cruz and a doctorate in history from the University of California, Berkeley. He is a published author and recently completed a PBS documentary on the history of the Lebanese community in North Carolina. He is the senior curator for a museum exhibit on the same topic that will open in early 2014.
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Exhibit 31.1
 Rule 13a-14(a) Certification of the Principal Executive Officer.
  1.
    
    I have reviewed this quarterly report on Form 10-Q of Beach First National Bancshares, Inc.;
 2.
    
    Based on my knowledge, this quarterly report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made, in light
of the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;
 3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this
report;
 4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a-15(f) and 15d -15(f) for the registrant and have:
     5.
    
    The registrants other certifying officers and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants auditors and the
audit committee of the registrants board of directors (or persons performing the equivalent
functions):
    /s/
Walter E. Standish, IIIWalter E. Standish, III, President and C.E.O.(Principal Executive Officer)