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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1460 

JEREMIAH HENDERSON,

Plaintiff - Appellant,

versus

JAMES V. DOSS, III,

Defendant - Appellee.

Appeal from the United States District Court for the Western

District of Virginia, at Lynchburg. Norman K. Moon, District

Judge. (6:07-cv-00006-nkm)

Submitted: October 18, 2007 Decided: October 22, 2007

Before WILKINSON, NIEMEYER, and KING, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jeremiah Henderson, Appellant Pro Se. Thomas A. Leggette, LEGGETTE

LAW FIRM, PLC, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Jeremiah Henderson appeals from the district court’s

order denying relief on his civil complaint. We have reviewed the

record and find no reversible error. Accordingly, we affirm for

the reasons stated by the district court. Henderson v. Doss, No.

6:07-cv-00006-nkm (W.D. Va. May 18, 2007). 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.

AFFIRMED
**Exhibit
      32**





Certification
      of Principal Executive and Financial Officer


Pursuant
      to


Section
      906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)




In
      connection with the Quarterly Report on Form 10-Q for the quarter ended June
      30,
      2007 (the “Report”) of Highbury Financial Inc. (the “Registrant”), as filed with
      the Securities and Exchange Commission on the date hereof, the undersigned
      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 the best of the
      undersigned’s knowledge:




(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 for the
      period certified.




Date:
                August 9, 2007
            
            By:
            
            /s/
                Richard S. Foote**Richard
                S. Foote****President
                and Chief Executive Officer****(Principal
                Executive Officer)**By:
            
            /s/
                R. Bradley Forth**R.
                Bradley Forth****Executive
                Vice President, Chief Financial Officer and
                Secretary****(Principal
                Financial Officer)**


The
        foregoing certifications are being furnished to the Securities and Exchange
        Commission as part of the accompanying report on Form 10-Q. A signed original
        of
        this statement has been provided to Highbury Financial Inc. and will be retained
        by Highbury Financial Inc. and furnished to the Securities and Exchange
        Commission or its staff upon request.
LOG OF MEETING
DIRECTORATE FOR ENGINEERING SCIENCES

SUBJECT: ASTM Bassinet/Cradle Subcommittee Meeting
DATE OF MEETING: January 7 , 2013
PLACE OF MEETING: ASTM Headquarters
LOG ENTRY SOURCE: Patricia Edwards
COMMISSION ATTENDEES: Patricia Edwards

, Jonathan Midgett, Doug Lee,
Suad Wanna

- Nakamara
NON

- COMMISSION ATTENDEES: Contact ASTM for attendee list

SUMMARY OF MEETING: Warnings: There will be a new ballot going out that will clarify the warnings with regard to font height.

Removable bed stabil ity requirement: The task group still needs to do more work. The back stop is the stability test. In other words, if a product can be misassembled, it should be able to pass the stability test.

An incident product was demonstrated and discussion continu ed. The task group will have wording for the subcommittee to review and consider for ballot at the April meeting.

Replacement mattress warning label issue: A proposal was made by Barry Cik to change the current warning label. This issue was already raised at the non

- full

- size crib subcommittee meeting. A request was made to look at incident data regarding replacement or substitute mattresses.

Mattress support rod/mattress flatness: This issue has been “transferred” to the bassinet subcommittee, due to a decision made during the play yard subcommittee meeting. The hazard associated with missing support rods would be a non

- flat mattress. A simple way to address the hazard is to develop a new definition for support rods and then add a requirement in the matt ress flatness test to conduct the test with and without the rods . The subcommittee agreed to send the following out to ballot :

3.X Mattress support rods/bars, n

– components, typically rods or bars, that provide added support between the mattress support component and the mattress pad.

7.8 Segmented Mattress Flatness Test :

7.8.3 For bassinets that have mattress support rods/bars that are not permanently attached, remove the mattress support rods/bars and repeat 7.8.1.3

– 7.8.1.9 for single occupant

bassinets and 7.8.2.2

- 7.8.2.16 for two occupant bassinets.

Note: Mattress support rods/bars that have been permanently attached to the product do not fall under 7.8.3 testing requirements.
Exhibit 23.2**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos.333-63842, 333-66665 and 333-01718) of our reports dated March 9, 2007, with respect to theconsolidated financial statements and schedule of APAC Customer Services, Inc., APAC CustomerServices Inc. management’s assessment of the effectiveness of internal control over financialreporting, and the effectiveness of internal control over financial reporting of APAC CustomerServices, Inc., included in the Annual Report (Form 10-K) for the year ended December 31, 2006.Ernst & Young LLPChicago, Illinois
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

ANTONIO LOPEZ,

 

 Appellant,

v.

THE STATE OF TEXAS,

 State.

§

§

§

§

§

§

§

No. 08-17-00039-CR

Appeal from the

171st District Court

of El Paso County, Texas 

(TC# 20120D04452)

O R D E R

The Court GRANTS the Appellant’s third motion for extension of time within which to 

file the brief until April 1, 2018. NO FURTHER MOTIONS FOR EXTENSION OF TIME TO 

FILE THE APPELLANT’S BRIEF WILL BE CONSIDERED BY THIS COURT.

It is further ORDERED that the Hon. Robin Norris, the Appellant’s attorney, prepare the 

Appellant’s brief and forward the same to this Court on or before April 1, 2018.

IT IS SO ORDERED this 22

nd day of February, 2018.

PER CURIAM

Before McClure, C.J., Rodriguez and Palafox, JJ.
#### STATE OF CONNECTICUT *v.*JUAN CARTAGENA

*Louis S. Avitabile,*in support of the petition.

*C. Robert Satti, Jr.,*senior assistant state’s attorney, in opposition.

Decided March 5, 1998

The defendant’s petition for certification for appeal from the Appellate Court, 47 Conn. App. 317 (AC 15894), is denied.
#### STATE of Louisiana v. Ray L. GIVENS.

No. 89-K-0347.

Supreme Court of Louisiana.

April 21, 1989.

In re Givens, Ray L; — Defendant(s); applying for writ of certiorari and/or review; to the Court of Appeal, Second Circuit, No. 20362-KA; Parish of Ouachita, 4th Judicial District Court, Div. “A”, No. 46214.

Prior report: La.App., 538 So.2d 1160.

Denied.
**Exhibit 31.2**





**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER**





I,
      James
      W. Klingler, certify that:





1. I
      have
      reviewed this Amendment No. 1 to the annual report on Form 10-K of North
      American Scientific, Inc.;





2. Based
      on
      my knowledge, this 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.








Date:
      February 28, 2007






/s/ JAMES W. KLINGLERJames
              W. Klingler
              *Senior
                Vice President and Chief Financial Officer*




20
Exhibit 32.1

Section 906 Certification

In connection with the report on Form 10-Q of NCI, Inc. (the Company)
for the fiscal quarter ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned Chairman of the Board and Chief Executive Officer of the Company certifies, to
the best of his knowledge and belief 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: November 7, 2008 |  |  |  | /s/ CHARLES K. NARANG        
|                       |  |  |  | Charles K. Narang            
|                       |  |  |  | Chairman of the Board and    
|                       |  |  |  | Chief Executive Officer      
|                       |  |  |  | (Principal Executive Officer)

A signed original of the written statement required by Section 906 has been provided to NCI, Inc. and will be
retained by NCI, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
50413.

#### INSURANCE COMPANY OF NORTH AMERICA et al. v. SANDERS.

Submitted February 26, 1975

Decided *249March 11, 1975.

*248Deen, Presiding Judge.

This is an appeal from a change of condition disability award in favor of the claimant, first made by a deputy director of the Board of Workmen’s Compensation and thereafter affirmed by the full board and the superior court judge on appeal. It is uncontradicted that claimant’s first back trouble in April, 1970, was not job-connected; that in March, 1971, following hospitalization there was a diagnosis of herniated disc; that she sustained a compensable back injury while moving heavy objects in July, 1971, for which compensation was paid; that she gave birth to a child in March, 1972; that a subsequent change of condition hearing resulted in reduction of percentage of disability as of March, 1973; that a subsequent hearing resulted in a finding of removal of disability on September 5,1973; that thereafter claimant was hospitalized and, following a myelogram, underwent surgical disc removal on December 17, 1973; that in January, 1974, she filed the change of condition claim resulting in an award in her favor from which this appeal is taken. The award is based on a finding that while claimant had pre-existing back trouble, the accident of July 12, 1971, was also a contributing cause of her disability.

It is thus to be seen that the facts are not in dispute, but only the question of contributory causation. As to this latter the judge of the superior court in his lengthy opinion affirming the full board sets out the testimony of the claimant and her physician on which the award was based. A careful examination thereof offers ample evidence sustaining the position of the employee that there is evidence of such contributory causation on which an award may be based. Cf. *Riegel Textile Corp. v. Craig,*96 Ga. App. 791 (101 SE2d 740); *St. Paul Mercury Ind. Co. v. Fletcher,*97 Ga. App. 429 (3) (103 SE2d 438). The award here is not without supporting evidence.

*Judgment affirmed.*

*Evans and Stolz, JJ., concur.*

*249
      *Charles L. Drew,*for appellants.

*James A. Glenn, Jr.,*for appellee.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 20018 Summary Calendar

JAMES EVERETT GRESSETT , Plaintiff

- Appellant

v.
SHERIFF’S DEPARTMENT OFFICERS PRECINCT 4, Officer #1, #2, #3, #4 , Defendant

- Appellee

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:16

- CV

- 214

Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.
PER CURIAM: * James Everett Gressett, Texas prisoner # 0 2056761, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint wherein he raised claims of negligence, deliberate indi fference, and excessive force. Gressett ’s notice of appeal of the final judgment dismissing his § 1983 complaint was not timely

. See F ED . R. A PP . P. 4(a)(1) (setting a 30

- day period for noticing an appeal). G ressett did not seek to e xtend the time to appeal and did not file a

* 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 f orth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 20, 2018 Lyle W. Cayce Clerk Case: 18-20018 Document: 00514650790 Page: 1 Date Filed: 09/20/2018No. 18

- 20018

2 postjudgment motion within 28 days from the judgment under Federal Rule of Civil Procedure 59(e), which would have brought the underlying judgment up for review. See Harcon Barge Co. v. D & G Boat Rentals, Inc., 784 F.2d 665,
6 68

- 69 (5th Cir. 1986) (en banc)

. Because the appeal was not timely fil ed , the appeal is DISMISSED FOR LACK OF JURISDICTION. See F ED . R. A PP . P. 4(a)(1); In re Deepwater Horizon , 785 F.3d 1003, 1009 (5th Cir. 2015). Case: 18-20018 Document: 00514650790 Page: 2 Date Filed: 09/20/2018
#### The People of the State of New York, Respondent, v Anthony Vulpis, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Beerman, J.), rendered April 27, 1990, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On appeal, the defendant maintains that the prosecutor’s opening statement to the jury was legally deficient and, thus, the trial court erred in denying his motion to dismiss the indictment at the close of that statement. We disagree. The facts described by the prosecutor in his opening statement were sufficient to establish the crime of which the defendant was convicted, namely, criminal possession of a weapon in the fourth degree *(see, Matter of Timothy L.,*71 NY2d 835; *People v Tzatzimakis,*150 AD2d 512). Accordingly, the defendant’s motion to dismiss the indictment was properly denied.

Further, the evidence was sufficient to support the jury’s *583finding that the defendant possessed a dangerous instrument with the intent to use it unlawfully against another *(see,*Penal Law § 265.01 [2]). Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence *(see,*CPL 470.15 [5]).

Viewing the evidence in light of the trial court’s instructions as to the elements of each crime, the guilty verdict on the criminal possession of a weapon charge was not repugnant to the acquittal of assault in the second degree *(see, People v Tellone,*155 AD2d 631; *see also, People v Olivera,*157 AD2d 676). Nor was the defendant’s acquittal of criminal mischief in the fourth degree repugnant to his conviction of criminal possession of a weapon in the fourth degree, as those crimes do not share identical elements *(see, People v Tucker,*55 NY2d 1; *People v McNair,*147 AD2d 593, 594; *People v Barfield,*138 AD2d 497). Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.
<PAGE>
                                                                    EXHIBIT 99.1

     CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and accompanies the annual report on Form 10-KSB (the
"Form 10-KSB") for the year ended September 30, 2002 of Probex Corp. (the
"Issuer"). The undersigned hereby certifies that, to the best of my knowledge,
the Form 10-KSB fully complies with the requirements of section 13(a) or section
15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78(o)(d)) and
that the information contained in the Form 10-KSB fairly presents, in all
material respects, the financial condition and results of operations of the
Issuer.

Dated:   December 26, 2002

By:      /s/ Charles M. Rampacek
         -----------------------
Name:    Charles M. Rampacek
Title:   Chairman of the Board, Chief Executive Officer and President
#### STATE ex rel. Moses MURRAY v. Hilton BUTLER, Warden, Louisiana State Penitentiary.

No. 87-KH-2716.

Supreme Court of Louisiana.

Jan. 27, 1989.

In re Murray, Moses; applying for remedial writ; Parish of Orleans, Criminal District Court, Div. “C”, No. 239-017.

Granted in part; *denied in part.*Relief is granted to the extent that Criminal District Court, Section B, is ordered to set aside relator’s fourth offender sentence of 99 years and sentence relator as a third offender, in view of Section C’s judgment granting relator’s petition for post conviction relief and the state’s subsequent action of entering a nolle prosequi as to that Section C case only. Otherwise, relief is denied on the showing made.
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




The undersigned, Shane Whittle, hereby certifies, 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 Jammin Java  Corp. for the quarter ended July 31, 2009 (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 Jammin Java Corp.




Dated: September 21, 2009




/s/ Shane Whittle


Shane Whittle


President, Secretary and Treasurer Chief Executive Officer


(Principal Executive Officer Principal Financial Officer and


Principal Accounting Officer)
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-6524

DAVID J. WILLIAMS,

Plaintiff - Appellant,

versus

STATE OF NORTH CAROLINA; WAKE COUNTY; ROBERT

L. FARMER, Presiding Judge of Wake County;

DISTRICT ATTORNEY, of Wake County; ROY COOPER,

Attorney General of North Carolina,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Terrence W. Boyle, Chief

District Judge. (CA-03-182-5-BO)

Submitted: June 12, 2003 Decided: June 18, 2003

Before WIDENER, LUTTIG, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

David J. Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

David J. Williams appeals the district court’s judgment

dismissing his 42 U.S.C. § 1983 (2000) complaint. We have reviewed

the record and find no reversible error. Accordingly, we affirm

for the reasons stated by the district court. See Williams v. North

Carolina, No. CA-03-182-5-BO (E.D.N.C. Mar. 18, 2003). 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.

AFFIRMED
```

[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Page 39974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17104]

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

DEPARTMENT OF STATE

[Public Notice 7519]

Culturally Significant Objects Imported for Exhibition 

Determinations: ``Warhol: The Headlines''

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, I hereby determine that the objects to be 

included in the exhibition ``Warhol: The Headlines,'' 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 National 

Gallery of Art, Washington, DC, from on or about September 25, 2011, 

until on or about January 2, 2012, at The Andy Warhol Museum, 

Pittsburgh, Pennsylvania, from on or about October 14, 2012, until on 

or about January 6, 2013, and at possible additional exhibitions or 

venues yet to be determined, 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: June 29, 2011.

Ann Stock,

Assistant Secretary, Bureau of Educational and Cultural Affairs, 

Department of State.

[FR Doc. 2011-17104 Filed 7-6-11; 8:45 am]

BILLING CODE 4710-05-P
```
Notice of Receipt of a Clean Air Act Waiver Application to Increase the Allowable Ethanol Content of 

Gasoline to 15 Percent

Date EPA Staff Attendees Name of Organization Summary of Discussion Written 

Comments 

Provided?

Did they also 

submit to 

Docket?

Date sent to EPA

3/4/10 Margo Oge

oge.margo@epa.gov

Karl Simon

simon.karl@epa.gov

Paul Argyropoulos

argyropoulos.paul@epa.gov

Paul Machiele (by video)

machiele.paul@epa.gov

In Person:

Representatives from the 

American Petroleum 

Institute (API) and its 

constituent members 

including: Al Jessel from 

Chevron, John Medley 

from Exxon-Mobil, 

Charles Schleyer from 

Exxon-Mobil, Al Mannato 

from API, Jeanne Mitchell 

from API, Bob Leidich 

from BP, and Bob Green 

from API. 

On the Phone:

David Lax from API, Jim 

Williams from API and 

Gary Schoonveld from 

ConocoPhillips.

API discussed the data that are currently under 

development by the Coordinating Research

Council and the Department of Energy that 

investigate the effects of E15 on motor vehicles 

and nonroad engines. API also discussed the 

issues raised in EPA’s letter to Growth Energy 

dated November 30, 2009. API discussed the 

other necessary changes that EPA, states, and 

industry would need to take in order to permit 

the introduction of E15 into commerce. See 

attached written comments for more information.

Yes, API 

provided 

presentation 

materials. 

3/4/2010