alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6546

BILLY M. FEAGIN,

Petitioner - Appellant,

versus

MICHAEL MOORE; CHARLES M. CONDON, Attorney

General of the State of South Carolina,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Greenville. G. Ross Anderson, Jr., District

Judge. (CA-96-2026-6-13AK)

Submitted: June 12, 1997 Decided: June 26, 1997

Before WIDENER and WILLIAMS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Billy M. Feagin, Appellant Pro Se. William Ansel Collins, Jr.,

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Columbia, South Carolina,

for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant seeks to appeal the district court's order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1997). We have reviewed the record and the district court's

opinion accepting the recommendation of the magistrate judge and

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. Feagin v. Moore, No. CA-96-2026-6-13AK (D.S.C. Apr. 3,

1997). 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.

DISMISSED
#### In the Matter of Compu-Tech Software Services, Inc., Appellant. Thomas F. Hartnett, as Commissioner of Labor, Respondent.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed December 13, 1989, which, upon reconsideration, adhered to its prior decision assessing CompuTech Software Services, Inc. for additional unemployment insurance contributions.

The record supports the conclusion by the Unemployment Insurance Appeal Board that Compu-Tech Software Services, Inc. exercised sufficient direction and control over its data processing technicians to establish their status as employees. The evidence established, *inter alia,*that Compu-Tech usually paid the technicians directly, the contract agreements the technicians signed restricted their activities with Compu-Tech clients, it was Compu-Tech who solicited the clients to be serviced, the technicians were required to submit time sheets, and the technicians were paid even if Compu-Tech was not paid by the client *(see, Matter of Gentile Nursing Servs. [Roberts],*65 NY2d 622; *Matter of Bertsch [Intertek Servs. Corp.—Hartnett]*159 AD2d 898). Although there were factors which could have supported a contrary conclusion, the record contains substantial evidence to support the Board’s decision; it must therefore be upheld *(see, Matter of Concourse Ophthalmology Assocs. [Roberts]*60 NY2d 734, 736). Compu-Tech’s remaining contentions have been considered and found to be lacking in merit.

*1041Decision affirmed, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.
#### Peter Spezia, Appellant, v Joseph De Marco et al., Respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Gerard, J.), entered October 24, 1989, which granted the defendants’ motion for summary judgment *463dismissing the complaint for failure to establish that he had suffered a serious physical injury as defined by Insurance Law § 5102 (d).

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In affidavits submitted in opposition to the defendant’s motion for summary judgment, the plaintiff and his physician, an orthopedist, made a prima facie showing that the plaintiff suffers from a "permanent” 10-degree limitation in the mobility of his neck, which he can move only with pain *(see, Lopez v Senatore,*65 NY2d 1017; *Bassett v Romano,*126 AD2d 693). Both the plaintiff and his orthopedist averred that this pain becomes particularly severe when he uses a computer terminal at his place of employment, with the result that his condition permits him to perform certain ordinary daily functions "only with pain” *(Mooney v Ovitt,*100 AD2d 702, 703). The results of the plaintiff’s nerve conduction velocities test purport to confirm the diagnosis of cervical radiculopathy and one of the defendants’ physicians acknowledged that the plaintiff’s subjective complaints were consistent with that diagnosis *(cf., Ottavio v Moore,*141 AD2d 806, 807; *Fields v Green Bus Lines,*124 AD2d 640, 641). Bracken, J. P., Hooper, Lawrence, Balletta and O’Brien, JJ., concur.
#### The People of the State of New York, Respondent, v Anthony Floyd, Appellant.

Judgment, Supreme Court, New York County (Paul Bookson, J., at hearing, jury trial, and sentence), rendered May 9, 1989, convicting defendant of assault in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and sentencing him as a second felony offender to concurrent indeterminate prison terms of from 5 to 10 years, 3 to 6 years, and 3 to 6 years, respectively, unanimously affirmed.

After the complainant and an individual named "Mike” had an argument, Mike returned with three other persons, including defendant. Mike told defendant to shoot the complainant in leg. Although defendant pulled the trigger, the gun did not fire. The complainant, who was shot in the hand as he ran from the scene, testified that all three individuals, including defendant, were shooting at him.

*212The court did not err in instructing the jury regarding defendant’s accomplice liability, since the evidence supported the conclusion that defendant and the two other individuals shooting at the complainant shared a common purpose to injure the complainant.

We reject defendant’s argument that the photographic array shown to the complainant was unduly suggestive because the background of defendant’s photograph was distinctively darker than the other photographs *(People v Emmons,*123 AD2d 475, 476). Nor was the lineup rendered unduly suggestive because the complainant recognized two of the lineup standins and because a third individual was substantially heavier than the others *(People v Norris,*122 AD2d 82, 84, *lv denied*68 NY2d 916). Accordingly the admission of the complainant’s in-court identification of defendant did not require an independent source determination. Concur—Carro, J. P., Milonas, Asch, Kassal and Rubin, JJ.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 1162

_____________________________
R OBERT S TEPHEN B ROCKMAN , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. Jan Shackelford , Judge

. March 27, 2019

P ER C URIAM

.
A FFIRMED

. W OLF , W INOKUR , and J AY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee
, for Appellant.

Ashley B. Moody , Attorney Gen eral, and Jennifer Moore , Assistant Attorney General, Tallahassee
, for Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ANDRE RICARDO PARHAM, JR., )

)

Appellant, )

)

v. ) Case No. 2D18-1497

)

STATE OF FLORIDA, )

)

Appellee. )

 )

Opinion filed September 25, 2019. 

Appeal from the Circuit Court for 

Hillsborough County; Mark R. Wolfe, 

Judge.

Howard L. Dimmig, II, Public Defender, 

and Deanna K. Marshall, Special Assistant 

Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, 

Tallahassee, and Helene S. Parnes, 

Senior Assistant Attorney General, Tampa, 

for Appellee.

PER CURIAM.

Affirmed. 

BLACK, BADALAMENTI, and SMITH, JJ., Concur.
<PAGE>


                                                                   [Exhibit 4.2]

FORM NO. 7a                                              REGISTRATION NO. 37417


                                    (GRAPHIC)

                                     BERMUDA

                            CERTIFICATE OF DEPOSIT OF

                     MEMORANDUM OF INCREASE OF SHARE CAPITAL


        THIS IS TO CERTIFY that a Memorandum of Increase of Share Capital
                                       of

                             VALIDUS HOLDINGS, LTD.

was delivered to the Registrar of Companies on the 21ST of OCTOBER, 2005 in
accordance with section 45(3) of THE COMPANIES ACT 1981 ("the Act").

      (SEAL)                                Given under my hand and Seal of the
                                            REGISTRAR OF COMPANIES this
                                            28TH day of OCTOBER, 2005




                                            ------------------------------------
                                            ACTING REGISTRAR OF COMPANIES



Capital prior to increase:   US$              120,000.00
                             ---------------------------
Amount of increase:          US$           99,880,000.00
                             ---------------------------

Present Capital:             US$          100,000,000.00
                             ---------------------------
Exhibit 12.2
 
 CERTIFICATION
 
 I, David Patterson, certify that:
 
 1.   I have reviewed this Annual Report on Form 20-F of Donner Minerals Ltd.;
 
 2.   Based on my knowledge, this Annual 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 Annual Report, fairly present in all material respects the financial  condition,  results of operations and cash flows of the registrant as of, and for, the period presented in this report;
 
 4.   The registrant's other certifying officers 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)) for the company and have:
 
 a)   Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
 b)   Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation;
 
 c)   Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the period covered by the Annual Report that has materially affected, or is reasonably likely to materially affect, the company's internal control over financial reporting; and
 
 5.   The company's other certifying officers and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company's auditors and the audit committee of company's board of directors (or persons performing the equivalent function):
 
 a)   All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company's ability to record, process, summarize and report financial information; and
 
 b)   Any fraud, whether or not material, that involves management or other employees who have a significant role in the company's internal control over financial reporting.
 
 Date:  August 31, 2004
 
 David Patterson
 By:      Chief Executive Officer
 /s/David Patterson/s/
[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Notices]
[Page 14047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5757]


=======================================================================
-----------------------------------------------------------------------

NATIONAL LABOR RELATIONS BOARD


Sunshine Act Meetings Notice; March 2012

TIME AND DATES: All meetings are held at 2:30 p.m.
Wednesday, March 7;
Thursday, March 8;
Tuesday, March 13;
Wednesday, March 14;
Thursday, March 15;
Tuesday, March 20;
Wednesday, March 21;
Thursday, March 22;
Tuesday, March 27;
Wednesday, March 28;
Thursday, March 29.

PLACE: Board Agenda Room, No. 11820, 1099 14th St., NW. Washington DC 
20570.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Pursuant to Sec.  102.139(a) of the Board's 
Rules and Regulations, the Board or a panel thereof will consider ``the 
issuance of a subpoena, the Board's participation in a civil action or 
proceeding or an arbitration, or the initiation, conduct, or 
disposition * * * of particular representation or unfair labor practice 
proceedings under section 8, 9, or 10 of the [National Labor Relations] 
Act, or any court proceedings collateral or ancillary thereto.'' See 
also 5 U.S.C. 552b(c)(10).

CONTACT PERSON FOR MORE INFORMATION: Lester A Heltzer, Executive 
Secretary, (202) 273-1067.

    Dated: March 6, 2012.
Lester A. Heltzer,
Executive Secretary.
[FR Doc. 2012-5757 Filed 3-6-12; 4:15 pm]
BILLING CODE 7545-01-P
----

            COMMISSION DECISION         

of 6 March 2006         

repealing Decision 2002/683/EC accepting an undertaking offered in connection with the anti-dumping proceeding concerning imports of colour television receivers originating, inter alia, in the People’s Republic of China

(2006/258/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 8 thereof,

After consulting the Advisory Committee,

Whereas:

A.   PREVIOUS PROCEDURE

B.   BREACHES OF THE UNDERTAKING

1.   Obligations of companies with undertakings

2.   Results of the verification request

C.   REPEAL OF DECISION 2002/683/EC

HAS DECIDED AS FOLLOWS:

Article 1

Decision 2002/683/EC is hereby repealed.

Article 2

This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels, 6 March 2006.

For the Commission

Peter MANDELSON            

Member of the Commission

----

(1)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

(2)OJ L 231, 29.8.2002, p. 1.

(3)OJ L 231, 29.8.2002, p. 42.

(4)  See page 26 of this Official Journal.

----
##### 



EXHIBIT 32.1
  Certification
    of the Chief Executive Officer and the Chief Financial
    Officer
    Pursuant to 18 U.S.C. Section 1350,
    As Adopted Pursuant to Section 906 of the Sarbanes-Oxley
    Act of 2002
  Form 10-Q
  (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/  Mitchell C. Hill

/s/  Dennis K. KnappMitchell C. Hill

Dennis K. KnappChief Executive Officer

Chief Financial Officer      A signed original of this written statement required by
    Section 906, or other document authenticating,
    acknowledging, or otherwise adopting the signature that appears
    in typed form within the electronic version of this written
    statement required by Section 906, has been provided to the
    Company and will be retained by the Company and furnished to the
    Securities and Exchange Commission or its staff upon request.
EXHIBIT 99.1

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                       AS ADOPTED PURSUANT TO SECTION 906
                        OF THE SARBANES-OXLEY ACT OF 2002


I, Gabriel Battista, Chief Executive Officer of Talk America Holdings, Inc. (the
"Company"),  have  reviewed  the  Company's  Annual  Report on Form 10-K for the
annual period ended December 31, 2002 and, based on the inquiries I have made or
caused  to  be  made  in  the  fulfillment  of  my responsibilities as the Chief
Executive  Officer  of  Talk  America  Holdings,  Inc.,  I  hereby certify that:

     (i)  the  Talk  America  Holdings,  Inc. Annual Report on Form 10-K for the
annual  period  ended  December 31, 2002 fully complies with the requirements of
Section  13(a)  of the Securities Exchange Act of 1934, as amended; and (ii) the
information  contained in such Report fairly presents, in all material respects,
the  financial condition and results of operation of Talk America Holdings, Inc.

This  certificate  is  being made for the exclusive purpose of compliance by the
Chief  Executive Officer of Talk America Holdings, Inc. with the requirements of
Section 906 of the Sarbanes-Oxley Act of 2002, and may not be used for any other
purposes.  A  signed  original of this written statement required by Section 906
has  been  provided  to Talk America Holdings, Inc. and will be retained by Talk
America  Holdings,  Inc. and furnished to the Securities and Exchange Commission
or  its  staff  upon  request.

/s/  Gabriel  Battista
----------------------
Gabriel  Battista
Chief  Executive  Officer
March  28,  2003

<PAGE>
----

----

| (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. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

| August 6, 2010 | /s/ David J. Bryant                                  |
|----------------|------------------------------------------------------|
|           | David J. Bryant                                      |
|           | Chief Financial Officer and Chief Accounting Officer |
|           |                                                 |

----

----
#### The People of the State of New York, Respondent, v Mauro Garcia, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered July 3, 1990.

Ordered that the appeal is dismissed *(see, People v Seaberg,*74 NY2d 1). Mangano, P. J., Brown, Sullivan, Harwood and Miller, JJ., concur.
**Exhibit 31.1**

**CERTIFICATION**

I, Robert J.Hanks, certify that:

1.                  Ihave reviewed this Quarterly Report on Form 10-Q for the quarterended March 31, 2006 of Harbor Acquisition Corporation

2.                  Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.                  Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4.                  Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

(a)            Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

(b)           Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

(c)            Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to affect, the registrant’sinternal control over financial reporting; and

5.                  Theregistrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

(a)            Allsignificant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

(b)           Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

Date: June 8, 2006 
|        | /s/ ROBERT J. HANKS              |
|--------|----------------------------------|
|   | Robert J. Hanks                  |
|   | *Chief  Executive and Treasurer* |
|   | *(Principal  Executive Officer)* |

 

----
---

EXHIBIT 32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, James B. Hersch, 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 Quarterly Report on Form 10-Q of Century Petroleum
      Corp. for the quarter ended July 31, 2008 (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 Century Petroleum Corp.                                                                 

Dated: September 19, 2008

/s/ James B. Hersch James
B. Hersch President and Director (Principal Executive Officer)
Century Petroleum Corp.

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

---