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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________________

No. 98-30806 

Summary Calendar

__________________________

JAMES A. HARDY

Plaintiff-Appellant,

versus

FEDERAL EXPRESS CORPORATION

Defendant-Appellee.

___________________________________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

(97-CV-1620-N)

___________________________________________________

April 9, 1999

Before JOLLY, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellant James A. Hardy (“Hardy”) appeals the

district court’s grant of summary judgment in favor of DefendantAppellee Federal Express Corporation (“FedEx”). The court denied

Hardy’s claims that (1) his employment at FedEx was terminated

based on race; (2) he was terminated in retaliation for

participating in a discrimination complaint of one of his coworkers; and (3) he was subject to a hostile work environment.
2

Hardy also attempts to appeal an earlier ruling of the district

court, which denied his motion to recuse the presiding judge for

impartiality. 

We are aided little, if any, by the virtually unintelligible

brief filed by Hardy, but have no difficulty in determining from it

—— and from appellee’s brief, the rulings of the district court,

and the record on appeal —— that each assignment of error is so

unmeritorious as to be frivolous as a matter of law. We therefore

dismiss this appeal as frivolous, with Hardy to bear all costs.

APPEAL DISMISSED AT APPELLANT’S COST.
# L_2006093EN.01006101.xml

| 31.3.2006 | EN | Official Journal of the European Union | L 93/61 |
| --- | --- | --- | --- |

31.3.2006

EN

Official Journal of the European Union

L 93/61

---

COMMISSION REGULATION (EC) No 529/2006

of 30 March 2006

concerning tenders notified in response to the invitation to tender for the export of barley issued in Regulation (EC) No 1058/2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2). |
| --- | --- |

(1)

An invitation to tender for the refund for the export of barley to certain third countries was opened pursuant to Commission Regulation (EC) No 1058/2005 (2).

| (2) | Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof, |
| --- | --- |

(2)

Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,

| (3) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 24 to 30 March 2006 in response to the invitation to tender for the refund for the export of barley issued in Regulation (EC) No 1058/2005.

Article 2

This Regulation shall enter into force on 31 March 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 30 March 2006.

For the Commission

Mariann FISCHER BOEL

Member of the Commission

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 174, 7.7.2005, p. 12.

2

(3)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

3

---
II 

111TH CONGRESS 

1ST SESSION S. 1917 

To suspend temporarily the duty on certain leather upper sports footwear. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2009 

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

to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain leather upper 

sports footwear. 

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

3 SECTION 1. CERTAIN LEATHER UPPER SPORTS FOOTWEAR. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•S 1917 IS

‘‘ 9902.01.00 Other footwear with outer 

soles of rubber, plastic, leather or composition leather with 

uppers of leather, not covering the ankle, the foregoing 

for youths and boys and not 

including house slippers, tennis shoes, basketball shoes, 

gym shoes, training shoes 

and the like (provided for in 

subheading 6403.99.60) ........ Free No change No change On or before 

12/31/2011 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
II 

111TH CONGRESS 

1ST SESSION S. 1991 

To suspend temporarily the duty on certain coupon holders. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2009 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain coupon holders. 

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

3 SECTION 1. CERTAIN COUPON HOLDERS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Accordion style file folders 

made of plastic material, with 

a flap secured by a snap, 

magnet or elastic band and 

hook closure, not exceeding 

203.2 millimeters in height, 

width or depth, and with two 

or more separate pockets for 

organization of coupons or 

other contents (provided for 

in subheading 4202.32.20) ... Free No change No change On or before 

12/31/2011 ’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 1991 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

JOEL MARTINEZ, DC# S31701, )

)

Appellant, )

)

v. ) Case No. 2D17-2711

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed June 27, 2018. 

Appeal from the Circuit Court for Manatee 

County; Susan Maulucci, Judge.

Joel Martinez, pro se.

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Linsey Sims-Bohnenstiehl, 

Assistant Attorney General, Tampa, for 

Appellee.

PER CURIAM.

Affirmed. 

KELLY, VILLANTI, and LUCAS, JJ., Concur.
Exhibit 10.15
 Joinder Agreement
 Section 15 Pledge and Security
Agreement
 New Equity Pledgor Annex A
  Annex B Annex A




---



##### 



By:
    /s/ Michael FrantaName:Title:DOA HOLDING PROPERTIES, LLCBy:
    /s/ Michael FrantaName:Title: ACKNOWLEDGED AND AGREED
as of the date first above written:
GMAC, LLC
as Lender AgentBy:
    /s/ David WalkerName:
    David WalkerTitle:
    Group Vice President & TreasurerWELLS FARGO BANK, N.A.,
as First Priority Collateral AgentBy:
    /s/ Nicholas D. TallyName:
    Nicholas D. TallyTitle:
    Vice PresidentWELLS FARGO BANK, N.A.,
as Collateral Control AgentBy:
    /s/ Nicholas D. TallyName:
    Nicholas D. TallyTitle:
    Vice President




---



##### 



ACKNOWLEDGED AND AGREED FOR
PURPOSES OF THE LOAN AGREEMENT
as of the date first above written:
GMAC MORTGAGE, LLCBy:
    /s/ Melissa M. WhiteName:
    Melissa M. WhiteTitle:
    Assistant Treasurer RESIDENTIAL FUNDING COMPANY, LLCBy:
    /s/ James N. YoungName:
    James N. YoungTitle:
    Chief Financial Officer




---



##### 



Description of Collateral
   Item A Attachment I
  Item
D Attachment I
   Item B Attachment I Annex B




---



##### 



provided Collateral Annex A




---



##### 



Updated Information to Schedules I-XI and Attachment I  to Pledge and Security Agreement and Irrevocable Proxy
  GMAC MODEL HOME FINANCE I, LLC
 
   GMAC MODEL HOME FINANCE I, LLC
    Jurisdiction of IncorporationParent
    
    Subsidiary
    
    (Subsidiary)GMAC Model Home Finance I, LLC
    
    CHM Holdings, LLC
    
    Delaware




---



##### 



john.peterson@gmacrescap.com]
   InterestInterestsType of
    
    Owned by
    
    
    
    % of InterestsPledged Interests Issuer
    
    Interests
    
    Pledgor
    
    Pledgor
    
    of Pledgor PledgedDOA Properties III
(Models), LLC
    
    Limited Liability
Company
    
    
    100
    %
    
    DOA Holding
Properties, LLC
    
    
    100
    %DOA Properties IIIB (KB
Models), LLC
    
    Limited Liability
Company
    
    
    100
    %
    
    DOA Holding
Properties, LLC
    
    
    100
    %DOA Properties V (Lots-CA),
LLC
    
    Limited Liability
Company
    
    
    100
    %
    
    DOA Holding
Properties, LLC
    
    
    100
    %DOA Properties VII
(Lots-NV), LLC
    
    Limited Liability
Company
    
    
    100
    %
    
    DOA Holding
Properties, LLC
    
    
    100
    %DOA Properties
IX
(Lots-Other), 
LLC
    
    Limited Liability
Company
    
    
    100
    %
    
    DOA Holding
Properties, LLC
    
    
    100
    %DOA Properties 
VIII (Marbella 
Lakes), LLC
    
    Limited Liability
Company
    
    
    100
    %
    
    DOA Holding
Properties, LLC
    
    
    100
    %DOA Properties 
IV, LLC
    
    Limited Liability
Company
    
    
    100
    %
    
    DOA Holding
Properties, LLC
    
    
    100
    %CMH Holdings LLC
    
    Class B Junior
Preferred Units
    
    
    100
    %
    
    GMAC Model Home
Finance I, LLC
    
    
    100
    %
---

Exhibit 32.1

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

In connection with the Riverbank Resources Inc., (the "Company")
  on 10QSB for the period ending October 31, 2005, as filed with the Securities
  and Exchange Commission on the date hereof (the "Report"), I, Earl Hope, Chief
  Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
  adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
  the best of my knowledge and belief:

| | 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 result of operations
      of the Company.

Date: December 6, 2005.

/s/ Earl
HopeEarl Hope

Chief Executive Officer(Title)

---
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1300 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1300

      To amend title XVIII of the Social Security Act to clarify 
     congressional intent regarding the counting of residents in a 
            nonhospital setting under the Medicare program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 2009

  Ms. Snowe (for herself, Mr. Dorgan, and Ms. Collins) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
      To amend title XVIII of the Social Security Act to clarify 
     congressional intent regarding the counting of residents in a 
            nonhospital setting under the Medicare program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Community and Rural Medical 
Residency Preservation Act of 2009''.

SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT REGARDING THE COUNTING OF 
              RESIDENTS IN A NONHOSPITAL SETTING.

    (a) D-GME.--Section 1886(h)(4)(E) of the Social Security Act (42 
U.S.C. 1395ww(h)(4)(E)) is amended by adding at the end the following 
new sentences: ``For purposes of the preceding sentence, the term `all, 
or substantially all, of the costs for the training program' means the 
stipends and benefits provided to the resident and other amounts, if 
any, as determined by the hospital and the entity operating the 
nonhospital setting. The hospital is not required to pay the entity any 
amounts other than those determined by the hospital and the entity in 
order for the hospital to be considered to have incurred all, or 
substantially all, of the costs for the training program in that 
setting.''.
    (b) IME.--Section 1886(d)(5)(B)(iv) of the Social Security Act (42 
U.S.C. 1395ww(d)(5)(B)(iv)) is amended by adding at the end the 
following new sentences: ``For purposes of the preceding sentence, the 
term `all, or substantially all, of the costs for the training program' 
means the stipends and benefits provided to the resident and other 
amounts, if any, as determined by the hospital and the entity operating 
the nonhospital setting. The hospital is not required to pay the entity 
any amounts other than those determined by the hospital and the entity 
in order for the hospital to be considered to have incurred all, or 
substantially all, of the costs for the training program in that 
setting.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2010.
                                 <all>
```
# C_2006258EN.01002601.xml

| 26.10.2006 | EN | Official Journal of the European Union | C 258/26 |
| --- | --- | --- | --- |

26.10.2006

EN

Official Journal of the European Union

C 258/26

---

Non-opposition to a notified concentration

(Case COMP/M.4405 — Walter Frey Holding/Mitsubishi Motors Europe)

(2006/C 258/09)

(Text with EEA relevance)

On 17 October 2006, 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 German and will be made public after it is cleared of any business secrets it may contain. It will be available:

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

—

from the Europa competition website (http://ec.europa.eu/comm/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 under document number 32006M4405. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32006M4405. EUR-Lex is the on-line access to European law. (http://ec.europa.eu/eur-lex/lex)

---
AUSTIN, T-s 78711 

January 17, 1974 

The Honorable James R. Arnold 

Traffic Safety Administrator 

Texas Department of Community 

Affairs 

P. 0. Box 13449 

Austin, Texas 78711 

Opinion No. H- 212 

Re: The constitutionality of funding 

the State Driver Education Program 

with a surcharge on fines for moving 

traffic violations. 

Dear Mr. Arnold: 

You have asked our opinion about the constitutionality of funding the 

State Driver Education Program with a surcharge on fines for moving traffic 

violations. 

We assume “surcharge”, as used in your request, refers ~to a charge 

similar to those made pursuant to Article 1083 of Vernon’s Texas Code of 

‘Criminal Procedure to finance the Criminal Justice Planning Fund. Also 

see Art. 42.12, $ 6a, T. C. C. P. 

A diligent search has failed to reveal any statute in Texas which would 

currently authorize the collection of such a charge for such a purpose. Articles 

67Olj-1, The Texas Traffic Safety Act of 1967, and 4413 (29c), the Act for 

licensing commercial driver-training schools and instructors, do not. Its 

collection without statutory authority would be unauthorized. Articie 1011, 

T. C. C. P. 

Inasmuch as there is no statute purporting to permit such a charge for 

such a purpose, and no legislative committee is now considering a proposed 

enactment, we have nothing to submit to constitutiona. scrutiny. But see: 

Ex parte Carson, 159 S. W. 2d 126 (Tex. Crim. 1942); Carter v. City of Norfolk, 

147 S. E. 2d 139 (Va. 1966); State v. Anderson, 234 S. W. 768 (Term. 1920); 

Ex parte Miller, 263 P 2d 522 (Okla. Grim. App.1953); and Ex parte Coffelt, 

-- 

228 P 2d 199 (Okla. Crim. App. 1951). 

p. 994 
The Honorable James R. Arnold, page 2 (H-212) 

SUMMARY 

In the absence of a statute or a proposed statute 

authorizing the collection of a surcharge on fines for moving 

traffic violations to be used in funding the State Driver 

Education Program, there is no basis for testing the constitutionality of such a levy. 

Attorney General of Texas 

Opinion Committee 

p. 995
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, Glen D. Harder, director of Primegen Energy Corporation, 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-QSB of Primegen Energy Corporation, for the period ended September  30, 2006 (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 Primegen Energy Corporation. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 
| Dated: November 14, 2006 |   |                                          |
|--------------------------|--------|-----------------------------------------------|
|                     |   |                                          |
|                     |   |                                          |
|                     |   | /s/ Glen D. Harder                            |
|                     |   | Glen D. Harder                                |
|                     |   | Director(Principal Executive 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 Primegen Energy Corporation and will be retained by Primegen Energy Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1

Certification of Periodic Financial Report

Pursuant to 18 U.S.C. 1350, the undersigned, Charles E. Johnson, the chief executive officer of Proliance International, Inc. (the ‘‘issuer’’), does hereby certify that the report on Form 10-K accompanying this certification (the ‘‘report’’) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that information contained in the report fairly presents, in all material respects, the financial condition and results of operations of the issuer.

/s/ Charles E. Johnson                                Charles E. JohnsonPresident and Chief Executive Officer(chief executive officer)Proliance International, Inc.March 30, 2007

----
Exhibit 32



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Vincent Verdiramo, President of Serino 3, Corp. (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.  This Quarterly Report on Form 10-QSB of the Company for the period ended January 31, 2006 as filed with the Securities and Exchange Commission (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.

Dated: March 22, 2006



/s/ Vincent L. Verdiramo

___________________________



President