alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-7206

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus GARRICK L. WILSON, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (CR-02-146; CA-04-612-4-25) Submitted: November 4, 2004 Decided: November 10, 2004 Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Garrick L. Wilson, Appellant Pro Se. Alfred William Walker Bethea, Jr., Assistant United States Attorney, Florence, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Garrick L. Wilson seeks to appeal the district court’s order denying relief on his motion filed under 28 U.S.C. § 2255 (2000). An appeal may not be taken from the final order in a § 2255 proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Wilson has not made the requisite showing. Accordingly, we deny Wilson’s motion for a certificate of appealability and dismiss the appeal. 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
Exhibit 31.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Joel P. Moskowitz, Chief Executive Officer of Ceradyne, Inc., certify that:



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



3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the registrant and we 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. [paragraph b. is omitted pursuant to SEC Release Nos. 33-8238 and 34-47986]



c. 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; and



d. disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



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 registrant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 registrants internal control over financial reporting.



|                       
|-----------------------
|Dated: February 3, 2005
|                       
|/s/ JOEL P. MOSKOWITZ  
|Joel P. Moskowitz      
|Chief Executive Officer
**Exhibit 31.1****CERTIFICATION**I, Vinod Gupta, certify that:1. I have reviewed this quarterly report on Form 10-Q of *info*USA Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. [Intentionally omitted]; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have: a) designed such disclosure controls and procedures, or caused such disclosure controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  b) designed such internal control over financial reporting, or caused such internalcontrol over financial reporting to be designed under our supervision, to providereasonable assurance regarding the reliability of financial reporting and the preparationof financial statements for external purposes in accordance with generally acceptedaccounting principles;  c) evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on suchevaluation; and  d) disclosed in 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 fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):a) all significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and b) any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: February 21, 2006                                             /s/ *Vinod Gupta*   Vinod Gupta   Chief Executive Officer
# qryWeeklyInventoryReport
July 10, 1998

20829

#### State v. Asato

Vacated
917 P.2d 736

INTERMEDIATE COURT OF APPEALS OF HAWAI'I

#### Tuua v. State

17406

3/11/96

Affirmed
May 6, 2004

25360

#### State v. Samson

Affirmed
# C_2012326EN.01004701.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/1 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/1

---

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

PART SIX

INSTITUTIONAL AND FINANCIAL PROVISIONS

INSTITUTIONAL AND FINANCIAL PROVISIONS

TITLE I

INSTITUTIONAL PROVISIONS

INSTITUTIONAL PROVISIONS

CHAPTER 1

THE INSTITUTIONS

SECTION 1

SECTION 1

THE EUROPEAN PARLIAMENT

Article 226

(ex Article 193 TEC)

(ex Article 193 TEC)

In the course of its duties, the European Parliament may, at the request of a quarter of its component Members, set up a temporary Committee of Inquiry to investigate, without prejudice to the powers conferred by the Treaties on other institutions or bodies, alleged contraventions or maladministration in the implementation of Union law, except where the alleged facts are being examined before a court and while the case is still subject to legal proceedings.

The temporary Committee of Inquiry shall cease to exist on the submission of its report.

The detailed provisions governing the exercise of the right of inquiry shall be determined by the European Parliament, acting by means of regulations on its own initiative in accordance with a special legislative procedure, after obtaining the consent of the Council and the Commission.

---
20594

#### State v. Marzan

Affirmed
May 23, 2006

26723

#### Bugado v. State

Affirmed
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-09-378-CV

NATIONAL TRANSMISSION	APPELLANT

	V.

BRIAN BOLTZ	APPELLEE

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

	FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY

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

	MEMORANDUM OPINION1

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

	Appellant National Transmission attempts to appeal from a final judgment  in favor of Appellee Brian Boltz.  Because National Transmission’s notice of appeal was untimely filed, we dismiss the appeal for want of jurisdiction. 

	The trial court signed the judgment at issue on June 30, 2009. Accordingly, National Transmission’s notice of appeal was due thirty days later, on July 30, 2009.  See Tex. R. App. P. 26.1 (providing that the notice of appeal must be filed within thirty days after the judgment is signed).2  National Transmission filed its notice of appeal on October 20, 2009.

	Because National Transmission’s notice of appeal appeared to be untimely filed, we notified it on October 28, 2009, of our concern that this court might not have jurisdiction over its appeal.  We informed it that unless it or any party desiring to continue the appeal filed with the court, on or before November 9, 2009, a response showing grounds for continuing the appeal, this appeal would be dismissed for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 44.3.  National Transmission has failed to file a response.  

	The times for filing a notice of appeal are mandatory and jurisdictional, and absent a timely filed notice of appeal or extension request, we must dismiss the appeal.  See Tex. R. App. P. 25.1(b), 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).  Because National Transmission’s notice of appeal was not timely filed, we dismiss its appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 43.2(f).

								PER CURIAM

PANEL:  MCCOY, J.; CAYCE, C.J.; and MEIER, J.

DELIVERED: December 23, 2009
January 27, 1998







Mr. R. O. Viets
Mr. J. G. Sahn
     300 Hamilton Boulevard, Suite 300
     Peoria, Illinois 61602

Mr. J. H. Byington, Jr.
Mr. D. P. Falck
     One Battery Park Plaza
     New York, New York 10004-1490

Gentlemen:

We hereby make, constitute and appoint each of you and any one of you our true
and lawful attorney for each of us and in each of our names, places or steads,
both in our individual capacities as directors and/or that of officers of
CILCORP Inc., to sign and cause to be filed with the Securities and Exchange
Commission CILCORP Inc.'s annual report on Form 10-K for the fiscal year ended
December 31, 1997 and any appropriate amendment or amendments to said report
and any necessary exhibits.

The undersigned, CILCORP Inc., also authorizes you and any one of you to sign
said annual report and any amendment or amendments thereto on its behalf as
attorney-in-fact for its respective officers, and to file the same as
aforesaid together with any exhibits.

                                             Very truly yours,

     
                                                     CILCORP Inc.



                                       By_______________________
                                          R. O. Viets, President



                                                              January 27, 1998



Power of attorney related to execution and filing of CILCORP Inc. 1997 annual
report on Form 10-K.



____________________________________    __________________________________
          M. Alexis                                   H. S. Peacock




____________________________________   __________________________________
          J. R. Brazil                                K. E. Smith




____________________________________   __________________________________
          W. Bunn III                                 R. N. Ullman




____________________________________   __________________________________
          J. D. Caulder                               R. O. Viets




____________________________________   __________________________________
          H. J. Holland                               M. M. Yeomans




                                       ____________________________________
                                                      T. D. Hutchinson
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          16,468
<SECURITIES>                                        70
<RECEIVABLES>                                   64,152
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               102,090
<PP&E>                                          95,366
<DEPRECIATION>                                  39,809
<TOTAL-ASSETS>                                 474,628
<CURRENT-LIABILITIES>                           63,990
<BONDS>                                        248,717
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           127
<OTHER-SE>                                     114,952
<TOTAL-LIABILITY-AND-EQUITY>                   474,628
<SALES>                                         80,960
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                   79,374
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,784
<INCOME-PRETAX>                                (2,291)
<INCOME-TAX>                                     (605)
<INCOME-CONTINUING>                            (1,686)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,686)
<EPS-BASIC>                                     (0.03)
<EPS-DILUTED>                                   (0.03)


</TABLE>
EXHIBIT 11

                             LASERSIGHT INCORPORATED
                        COMPUTATION OF PER SHARE EARNINGS
                     SIX MONTHS ENDED JUNE 30, 2001 AND 2000
<TABLE>
<CAPTION>

                                                             Three Months Ended                         Six Months Ended
                                                                   June 30,                               June 30,
                                                          2001                  2000                2001          2000
                                                          ----                  ----                ----          ----
<S>                                                  <C>                   <C>                 <C>                 <C>
BASIC AND DILUTED

       Weighted average shares outstanding             24,135,000           20,340,000          23,826,000          19,787,000
                                                    =============         ============       =============       =============

       Net loss                                     $  (8,680,362)          (2,114,861)        (11,152,626)         (4,873,813)
                                                    =============         ============       =============       =============

       Basic loss per share                               $ (0.36)               (0.10)              (0.47)              (0.25)
                                                    =============         ============       =============       =============

ADDITIONAL DILUTED CALCULATION

       Net loss, above                              $  (8,680,362)          (2,114,861)        (11,152,626)         (4,873,813)
                                                    =============         ============       =============       =============

       Additional adjustment to weighted average
         number of shares:
       Weighted average shares
         outstanding, above                            24,135,000           20,340,000          23,826,000          19,787,000

        Dilutive effect of stock options,
           warrants and convertible
           preferred stock                              1,599,000            3,624,000           1,808,000           4,416,000
                                                    -------------         ------------       -------------       -------------
       Weighted average number of shares,
          adjusted                                     25,734,000           23,964,000          25,634,000          24,203,000
                                                    =============         ============       =============       =============
      Diluted loss per share, adjusted (A)          $       (0.34)               (0.09)              (0.44)              (0.20)
                                                    =============         ============       =============       =============
</TABLE>


(A)   This calculation is submitted in accordance with Regulation S-K item
      601(b)(11) although it is contrary to paragraph 13-14 of SFAS 128 because
      it produces an anti-dilutive result.
<PAGE>

                                                                Exhibit 4(k)

AMENDMENT TO BYLAWS
ADOPTED BY THE BOARD OF DIRECTORS MARCH 17, 1992:
-------------------------------------------------



Amendment of Bylaws.
-------------------

RESOLVED, that Article III, Section 1 of the Bylaws of the Corporation be,
and hereby is, amended to read in its entirety:

     Section 1. The number of directors which shall constitute the whole
     board shall be five (5). The directors shall be elected at the annual
     meeting of the shareholders, except as provided in Section 2 of this
     Article, and each director elected shall hold office until such
     director's successor is elected and qualified. Directors need not be
     shareholders.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                         DEC-31-1998
<PERIOD-END>                              SEP-30-1998
<CASH>                                              0
<SECURITIES>                                        0
<RECEIVABLES>                              41,295,970
<ALLOWANCES>                                        0
<INVENTORY>                                45,294,913
<CURRENT-ASSETS>                           95,378,692
<PP&E>                                     56,727,060
<DEPRECIATION>                                      0
<TOTAL-ASSETS>                            184,292,743
<CURRENT-LIABILITIES>                      70,624,013
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                      129,810
<OTHER-SE>                                 64,697,357
<TOTAL-LIABILITY-AND-EQUITY>              184,292,743
<SALES>                                   143,585,292
<TOTAL-REVENUES>                          143,585,292
<CGS>                                     108,191,575
<TOTAL-COSTS>                             108,191,575
<OTHER-EXPENSES>                           25,671,170
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                          2,974,047
<INCOME-PRETAX>                             8,122,092
<INCOME-TAX>                                3,063,498
<INCOME-CONTINUING>                         5,058,594
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                5,058,594
<EPS-PRIMARY>                                    0.42
<EPS-DILUTED>                                    0.40
        

</TABLE>
EXHIBIT 32



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 CDI Corp. (the Company) on Form 10-K for the year ended December 31, 2010 as filed with the Securities and
Exchange Commission on the date hereof (the Report), the undersigned Chief Executive Officer and Chief Financial Officer of the Company each hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
Sarbanes-Oxley Act of 2002 that, to his knowledge: 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 as of and for the periods covered in the Report.



By:

/s/    PAULETT
EBERHARTPaulett Eberhart President and Chief Executive Officer




Dated: March 10, 2011



By:

/s/    MARK A.
KERSCHNERMark A. Kerschner Executive Vice President and Chief Financial Officer




Dated: March 10, 2011



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