alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*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this opinion should not be published and is not precedent except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

For the Fifth Circuit

No. 97-11408

Summary Calendar

ALICIA ALFARO; IRMA I. CASTILLO; ESPERANZA CRUZ;

ENEDINA GONZALEZ; DIANA GARCIA; ADELA HERNANDEZ;

MARIA LEDEZMA; TOMACITA MARTINEZ; ALMA OROPEZA;

LUCIA OSORIO; CATALINA PEREZ; OFELIA SOLIS; MARIA VENEGAS,

Plaintiffs-Appellants,

VERSUS

THE LEATHER CENTER, INCORPORATED,

Defendant-Appellee.

Appeal from the United States District Court

For the Northern District of Texas

(3:97-CV-326-X)

September 25, 1998

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Alicia Alfaro and others sued their employer, The Leather

Center, in state court alleging that their employer failed to

furnish them a safe place to work and, as a non-subscriber to the

Texas Workers’ Compensation Law, was liable to them under state

common law negligence theories. The Leather Center removed the
2

case to the federal district court alleging that there was a

Collective Bargaining Agreement between The Leather Center and the

Union which represented these employees and that these employees

had failed to exhaust the administrative remedies provided for

under the Collective Bargaining Agreement as remedies for their

complaints. Alfaro, et al. moved to remand to the state court and

the federal district court denied such motion. The Leather Center

moved for a summary judgment and Alfaro, et al. conceded that they

had not exhausted the administrative remedies under the Collective

Bargaining Agreement. The district court entered summary judgment

in favor of The Leather Center and Alfaro, et al. appealed only the

issue of whether or not the district court had correctly denied

their motion to remand to state court. 

We have carefully reviewed the briefs, the record excerpts and

relevant portions of the record itself. Based on that review, we

have concluded that the district court did not commit reversible

error in denying the motion to remand.

AFFIRMED.
### D ISTRICT 

### C OURT 

### O F 

### APPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT In the Interest of S.S. and A.S., children.

M.M.P., Appellant,

v. DEPARTMENT OF CHILDREN AND FAMILIES and GUARDIAN AD LITEM PROGRAM,

Appellees. No. 2D23-1640 February 16, 2024Appeal from the Circuit Court for Hillsborough County; Leslie SchultzKin, Judge. David A. Dee, Tampa, for Appellant. Mary Soorus of Children Legal Services, Tampa, for Appellee, Department of Children and Families. Sara Elizabeth Goldfarb, Statewide Director of Appeals, Guardian ad Litem Office, Tallahassee, and Morgan Lyle Weinstein of Twig, Trade & Tribunal, PLLC, Fort Lauderdale, for Appellee, Guardian ad Litem Office. PER CURIAM. Affirmed. SILBERMAN, ATKINSON, and LABRIT, JJ., Concur.2

Opinion subject to revision prior to official publication.
EXHIBIT 10.1

                             FIRST AMENDMENT TO THE
                               AKEENA SOLAR, INC.
                            2006 INCENTIVE STOCK PLAN

      THIS FIRST AMENDMENT to the 2006 Incentive Stock Plan (the "Plan") of
Akeena Solar, Inc. (the "Company") is made as of this 20th day of December,
2006.

                                  INTRODUCTION

      The Board of Directors administers the Plan, which was adopted on August
8, 2006. The Board of Directors now desires to amend the Plan to increase the
number of shares of common stock, par value $0.001 per share, of the Company
subject to the Plan to 1,000,000 shares from 450,000 shares.

                                    AMENDMENT

      NOW, THEREFORE, the Board of Directors hereby amends the Plan, effective
December 20, 2006, by deleting the text of Section 4 in its entirety and
replacing it with the following:

            "Subject to adjustment as provided in Section 8 hereof, a total of
      1,000,000 shares of the Company's common stock, par value $0.001 per share
      (the "Stock"), shall be subject to the Plan. The number of shares of Stock
      that may be subject to Options granted under the Plan to any individual in
      any calendar year shall conform to any requirements applicable to
      performance-based compensation under Section 162(m) of the Code, if
      qualification as performance-based compensation under Section 162(m) of
      the Code is intended. The shares of Stock subject to the Plan shall
      consist of unissued shares, treasury shares or previously issued shares
      held by any Subsidiary of the Company, and such amount of shares of Stock
      shall be and is hereby reserved for such purpose. Any of such shares of
      Stock that may remain unissued and that are not subject to outstanding
      Options at the termination of the Plan shall cease to be reserved for the
      purposes of the Plan, but until termination of the Plan the Company shall
      at all times reserve a sufficient number of shares of Stock to meet the
      requirements of the Plan. Should any Option or share of Restricted Stock
      expire or be canceled prior to its exercise or vesting in full or should
      the number of shares of Stock to be delivered upon the exercise or vesting
      in full of an Option or share of Restricted Stock be reduced for any
      reason, the shares of Stock theretofore subject to such Option or share of
      Restricted Stock may be subject to future Options or shares of Restricted
      Stock under the Plan, except where such reissuance is inconsistent with
      the provisions of Section 162(m) of the Code where qualification as
      performance-based compensation under Section 162(m) of the Code is
      intended."
II 

111TH CONGRESS 

1ST SESSION S. 1395 

To amend the Marine Mammal Protection Act of 1972 to allow importation 

of polar bear trophies taken in sport hunts in Canada before the date 

on which the polar bear was determined to be a threatened species 

under the Endangered Species Act of 1973. 

IN THE SENATE OF THE UNITED STATES 

JULY 6, 2009 

Mr. CRAPO introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To amend the Marine Mammal Protection Act of 1972 to 

allow importation of polar bear trophies taken in sport 

hunts in Canada before the date on which the polar 

bear was determined to be a threatened species under 

the Endangered Species Act of 1973. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•S 1395 IS

1 SECTION 1. PERMITS FOR IMPORTATION OF CERTAIN 

2 POLAR BEAR TROPHIES TAKEN IN SPORT 

3 HUNTS IN CANADA. 

4 Section 104(c)(5) of the Marine Mammal Protection 

5 Act of 1972 (16 U.S.C. 1374(c)(5)) is amended by strik6 ing subparagraph (D) and inserting the following: 

7 ‘‘(D) IMPORTATION OF POLAR BEAR

8 PARTS.— 

9 ‘‘(i) IN GENERAL.—As expeditiously 

10 as practicable after the expiration of the 

11 applicable 30-day period under subsection 

12 (d)(2), the Secretary of the Interior shall 

13 issue a permit for the importation of any 

14 polar bear part (other than an internal 

15 organ) from a polar bear taken in a sport 

16 hunt in Canada to any person that sub17 mits, together with the permit application, 

18 proof that the polar bear was legally har19 vested by the person before— 

20 ‘‘(I) February 18, 1997; or 

21 ‘‘(II) May 15, 2008, from a polar 

22 bear population from which a sport23 hunted trophy could be imported be24 fore that date in accordance with sec25 tion 18.30(i) of title 50, Code of FedVerDate Nov 24 2008 01:10 Jul 07, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1395.IS S1395

wwoods2 on DSK1DXX6B1PROD with BILLS
3 

•S 1395 IS

1 eral Regulations (or a successor regu2 lation). 

3 ‘‘(ii) APPLICABILITY.— 

4 ‘‘(I) EARLIER HARVESTED POLAR

5 BEARS.—The Secretary shall issue 

6 permits under clause (i)(I) without re7 gard to subparagraphs (A) and 

8 (C)(ii), subsection (d)(3), and sections 

9 101 and 102. 

10 ‘‘(II) LATER HARVESTED POLAR

11 BEARS.—The Secretary shall issue 

12 permits under clause (i)(II) without 

13 regard to subparagraph (C)(ii), sub14 section (d)(3), and sections 101 and 

15 102.’’. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
Materials Not Included in

Airworthiness Directive (AD) Docket

 Docket Number: FAA-2014-0137

 Directorate Identifier: 2013NM135AD

A300-32-6111 --- 7/20/12

A310-32-2147 --- 7/20/12

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
##### 



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

In connection with the Annual Report of Landstar System, Inc. (the Company) on Form 10-K for
the period ending December 25, 2004, as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Henry H. Gerkens, Chief Executive 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 and 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.

|                  |                                       |  |  | 
|----------------- | ------------------------------------- |  |  | 
|                  |                                       | 
|                  | /s/ Henry H. Gerkens                  | 
|                  | Henry H. Gerkens                      | 
|February 28, 2005 | President and
Chief Executive Officer | 
|
```

                                                                    Exhibit 23.1

           CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

      We consent to the incorporation by reference in the Registration
Statements (Nos. 333-06705, 333-30042, 333-89096, 333-114898 and 333-137772) on
Form S-8 and in the Registration Statements (Nos. 333-99201 and 333-122226) on
Form S-3 of our report dated August 16, 2006 for the years ended June 30, 2005
and 2006, and to the addition of our firm under the caption "Experts" in the
Prospectus, insofar as it relates to our report on the financial statements for
the two years ended June 30, 2006.

                                          /S/ MARGOLIN WINER & EVENS LLP
                                          --------------------------------------
                                          Margolin, Winer & Evens LLP

Garden City, New York
September 13, 2007
```
* This order is not binding precedent, except under the doctrines of law of

the case, res judicata, and collateral estoppel. 

## F I L E D United States Court of Appeals Tenth Circuit 

### July 22, 2005 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee, No. 05-3060
v. (D. Kansas) SHEA W. VAN KIRK,

Defendant-Appellant. (D.C. No. 02-CR-10185-01-MLB)

ORDER *

Before EBEL , McKAY , and HENRY , Circuit Judges.
After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See F ED . R. A PP . P. 34(a)(2); 10 TH C IR . R. 34.1(G). The case is therefore ordered submitted without oral argument. Shea Van Kirk, a federal prisoner proceeding pro se , seeks a certificate of appealability (“COA”) in order to challenge the dis trict court’s denial of his motion to vacate, set aside, or correct his sentenc e pursuant to 28 U.S.C. § 2255. Because Mr. Van Kirk has failed to make “a substant ial showing of the denial of a-2-

constitutional right,” 28 U.S.C. § 2253(c)(2), we d eny his request and dismiss the appeal. In January 2004, Mr. Van Kirk pleaded guilty to a s ingle count of being a “felon in possession of firearms,” charge in violat ion of 18 U.S.C. § 922(g)(1). Mr. Van Kirk did not appeal his conviction. In October 2004, he filed a motion pursuant to § 22 55 seeking to have the district court correct his sentence pursuant to Blakely v. Washington , 124 S. Ct. 2531 (2004) and Apprendi v. New Jersey , 530 U.S. 466 (2000). He alleges that his unenhanced sentencing range was 51-63 months, a nd that the district court improperly imposed a 120-month sentence, based on f indings made by a preponderance of the evidence. The district court rejected this argument, finding nothing to suggest Blakely and Apprendi apply to defendants seeking relief under § 2255 whose convictions were final when the Suprem e Court decided Blakely in June 2004. We agree with the district court. We have held tha t neither Apprendi , Blakely nor United States v. Booker , 125 S. Ct. 738 (2005), announced a new rule of constitutional law made retroactive by the Supre me Court on collateral review. See, e.g. , United States v. Bellamy , No. 04-5145, 2005 WL 1406176, at *3 (10th Cir. June 16, 2005) (concluding “ Booker does not apply retroactively to initial habeas petitions”); United States v. Price , 400 F.3d 844, 849 (10th Cir. 2005),-3-

(holding “ Blakely does not apply retroactively to convictions that w ere already final at the time the [Supreme] Court decided Blakely , June 24, 2004.”); United States v. Mora, 293 F.3d 1213, 1219 (10th Cir. 2002) (stating that “ Apprendi is not a watershed decision and hence is not retroacti vely applicable to initial habeas petitions”). Accordingly, we DENY Mr. Van Kirk’s request for a COA, and DISMISS the matter. Entered for the Court, Robert H. Henry Circuit Judge
EXHIBIT 32.1  CERTIFICATION OF CHIEF EXECUTIVE OFFICER Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002  Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Probe Manufacturing, Inc. (the Company) hereby certifies, to his knowledge, that:  (i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2010 (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.  August 13, 2010By: /s/ Kambiz MahdiChief Executive OfficerDateKambiz Mahdi  The foregoing certification is being furnished with the Companys Quarterly Report on Form 10-Q for the period ended June 30, 2010, pursuant to 18 U.S.C. Section 1350. It is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and it 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 information language in such filing.
#### Village of Gates Mills, Appellee, *v.*Board of Park Commrs. of Cleveland Metropolitan Park Dist., Appellant.

(No. 30914

Decided March 12, 1947.)

*8*Mr. Frederick W. Dorn,*village solicitor, *Mr. Walter T. Kinder, Mr. Curtis C. Williams, Jr.,*and Messrs. *Jones, Day, Cockley & Reavis,*for appellee.

*Messrs. Green, Woods, Lausche & Wilmot,*for appellant.

It is ordered and adjudged that this appeal as of right he, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Turner, Matthias, Hart, Zimmerman and Sohngen, JJ., concur.

Stewart, J., not participating.
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 554 Agreed to Senate (ATS)]

113th CONGRESS
  2d Session
S. RES. 554

Recognizing the month of October 2014 as ``National Principals Month''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 17 (legislative day, September 16), 2014

   Mr. Franken (for himself, Mr. Hatch, Mr. Markey, Mr. Cochran, Mr. 
  Boozman, and Mr. Lee) submitted the following resolution; which was 
                        considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
Recognizing the month of October 2014 as ``National Principals Month''.

Whereas the National Association of Secondary School Principals and the National 
        Association of Elementary School Principals have declared the month of 
        October 2014 to be ``National Principals Month'';
Whereas principals are educational visionaries, instructional and assessment 
        leaders, disciplinarians, community builders, budget analysts, 
        facilities managers, and administrators of legal and contractual 
        obligations;
Whereas principals work collaboratively with teachers and parents to develop and 
        implement a clear mission, high curriculum standards, and performance 
        goals;
Whereas principals create school environments that facilitate great teaching and 
        learning and continuous school improvement;
Whereas the vision, actions, and dedication of principals provide the mobilizing 
        force behind any school reform effort; and
Whereas the celebration of National Principals Month would honor elementary 
        school, middle school, and high school principals, and recognize the 
        importance of principals in ensuring that every child has access to a 
        high-quality education: Now, therefore, be it
    Resolved, That the Senate--
            (1) recognizes the month of October 2014 as ``National 
        Principals Month''; and
            (2) honors the contribution of principals in the elementary 
        schools, middle schools, and high schools of the United States 
        by supporting the goals and ideals of National Principals 
        Month.
                                 <all>
```
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  I, Mark Stogdill, the Chief Executive Officer of Hammer Fiber Optics Holdings Corp., certify, under the standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Quarterly Report on Form 10-Q of the Registrant for the period ended January 31, 2017, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  (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 Registrant.  Hammer Fiber Optics Holdings Corp.Date: March 22, 2017By:/s/ Mark StogdillName:  Mark Stogdill
Title:    Chief Executive Officer  A signed original of this written statement required by Section 906 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
```

[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17406-17407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7330]

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

DEPARTMENT OF ENERGY

Proposed Subsequent Arrangement

AGENCY: Office of Nonproliferation and International Security, 
Department of Energy.

ACTION: Proposed subsequent arrangement.

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

SUMMARY: This notice is being issued under the authority of section 
131a. of the Atomic Energy Act of 1954, as amended. The Department is 
providing notice of a proposed subsequent arrangement under the 
Agreement for Cooperation Concerning Civil Uses of Nuclear Energy 
Between the Government of the United States of America and the 
Government of Canada and the Agreement for Cooperation in the Peaceful 
Uses of Nuclear Energy Between the United States of America and the 
European Atomic Energy Community.

DATES: This subsequent arrangement will take effect no sooner than 
April 13, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Sean Oehlbert, Office of 
Nonproliferation and International Security, National Nuclear Security 
Administration, Department of Energy. Telephone: 202-586-3806 or e-
mail: Sean.Oehlbert@nnsa.doe.gov.

SUPPLEMENTARY INFORMATION: This subsequent arrangement concerns the 
retransfer of 44,379 kg of U.S.-origin natural uranium hexafluoride 
(UF6) (67.60% U), 30,000 kg of which is uranium, from Cameco 
Corporation (Cameco) in Port Hope, Ontario, Canada, to URENCO in 
Capenhurst, Chester, United Kingdom. The material, UF6 produced from 
U.S.-origin concentrates, which is currently located at Cameco, will be 
transferred to URENCO-Capenhurst for toll-enrichment and ultimate end 
use in the United States by STP Nuclear Operating Co. The material was 
originally obtained by Cameco from Crowe Butte Resources, Inc. pursuant 
to export license XSOU8798.
    In accordance with section 131a. of the Atomic Energy Act of 1954, 
as amended, it has been determined that this subsequent arrangement 
concerning

[[Page 17407]]

the retransfer of nuclear material of United States origin will not be 
inimical to the common defense and security.

    Dated: March 8, 2011.

    For the Department of Energy.
Anne M. Harrington,
Deputy Administrator, Defense Nuclear Nonproliferation.
[FR Doc. 2011-7330 Filed 3-28-11; 8:45 am]
BILLING CODE 6450-01-P
```
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





In
connection with the Annual Report of YTB International, Inc. (the "Company") on Form 10-K for the year
ended December 31, 2009 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"),
I, Robert M. Van Patten, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley
Act of 2002, based on my knowledge, 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.





/s/ Robert
      M. Van PattenName:  Robert
      M. Van PattenTitle:
      Chief Executive OfficerDate:     
      April 14,
2010