alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
H. R. 447 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

To extend the deadline for commencement of construction of a hydroelectric project. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. EXTENSION. 

(a) IN GENERAL.—Notwithstanding the time period specified 

in section 13 of the Federal Power Act (16 U.S.C. 806) that would 

otherwise apply to the Federal Energy Regulatory Commission 

project numbered 12740, the Commission may, at the request of 

the licensee for the project, and after reasonable notice, in accordance with the good faith, due diligence, and public interest requirements of that section and the Commission’s procedures under that 

section, extend the time period during which the licensee is required 

to commence the construction of the project for up to 3 consecutive 

2-year periods from the date of the expiration of the extension 

originally issued by the Commission. 

(b) REINSTATEMENT OF EXPIRED LICENSE.—If the period 

required for commencement of construction of the project described 

in subsection (a) has expired prior to the date of the enactment 

of this Act, the Commission may reinstate the license for the project 

effective as of the date of its expiration and the first extension 

authorized under subsection (a) shall take effect on the date of 

such expiration. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-7872

GREGORY H. JONES,

Plaintiff - Appellant,

versus

LIEUTENANT STONE; M. J. MCDADE, Superintendent; ODIS TEMPLE, Superintendent,

Defendant - Appellee.

No. 95-7876

GREGORY H. JONES,

Plaintiff - Appellant,

versus

W. E. MCMICHAEL; MR. KARASOW; MR. CRUTCHFELD;

FRANKLIN E. FREEMAN, JR.; LYNN PHILLIPS;

RICKIE ROBINSON; RANDALL LEE; KENNETH

WHITEHEAD; C. E. JONES; ALONZO WIGGINS; GUARD

SLEDGE,

Defendants - Appellees.

Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District

Judge. (CA-94-406-CT-5-BO, CA-94-490-5-CT)
2
3

Submitted: March 21, 1996 Decided: April 10, 1996

Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Gregory H. Jones, Appellant Pro Se. William McBlief, Jane Ray

Garvey, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh,

North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 42 U.S.C. § 1983 (1988) complaint. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we affirm on the reasoning of the district

court. Jones v. Stone, No. CA-94-406-CT-5-BO; Jones v. McMichael,

No. CA-94-490-5-CT (E.D.N.C. Nov. 13 and 14, 1995). 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 CHIEF EXECUTIVE OFFICER AND PRINICAL FINANCIAL AND ACCOUNTING OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 906
of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350, as adopted), James W. Dennis, the Chief Executive Officer of HealtheTech, Inc. (the Company), and Rick Fresia, the Vice President Finance of the Company, each hereby certifies
that, to the best of his knowledge:



| | 1. | The Companys Quarterly Report on Form 10-Q for the period ended September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Periodic
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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: November 12, 2004



|                                                                                   |  |  |  |                                                                                
|---------------------------------------------------------------------------------- |  |  |  | -------------------------------------------------------------------------------
|/s/ James W. Dennis                                                                |  |  |  | /s/ Rick Fresia                                                                
|James W. Dennis Chairman and Chief Executive
Officer (Principal Executive Officer) |  |  |  | Rick Fresia Vice President Finance (Principal Financial and Accounting Officer)
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE TWELVE MONTHS ENDED MARCH 31, 2000 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                          12,638
<SECURITIES>                                    93,450
<RECEIVABLES>                                   77,078
<ALLOWANCES>                                   (2,809)
<INVENTORY>                                     49,482
<CURRENT-ASSETS>                                35,869
<PP&E>                                          51,006
<DEPRECIATION>                                (23,694)
<TOTAL-ASSETS>                                 329,200
<CURRENT-LIABILITIES>                           94,167
<BONDS>                                          4,613
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       240,594
<OTHER-SE>                                    (74,888)
<TOTAL-LIABILITY-AND-EQUITY>                   329,200
<SALES>                                        225,554
<TOTAL-REVENUES>                               225,554
<CGS>                                          122,499
<TOTAL-COSTS>                                   87,599
<OTHER-EXPENSES>                                   664
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 167
<INCOME-PRETAX>                                 17,527
<INCOME-TAX>                                     7,508
<INCOME-CONTINUING>                             10,019
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,019
<EPS-BASIC>                                       0.36
<EPS-DILUTED>                                     0.32


</TABLE>
<PAGE>

                                                                   Exhibit 12.1

 Hanover Compressor Company Computation of Ratio of Earnings to Fixed Charges
                       (Amounts in thousands of dollars)

<TABLE>
<CAPTION>
                                                                   Year Ended December 31,
                                                          -----------------------------------------
                                                            2001     2000    1999    1998    1997
                                                          -------- -------- ------- ------- -------
<S>                                                       <C>      <C>      <C>     <C>     <C>
Earnings:
Income before income taxes............................... $117,410 $ 81,471 $63,586 $49,636 $28,685
Add:
Interest on indebtedness and amortization of debt expense
  and discount(1)........................................   23,913   15,054   9,064  11,716  10,728
Leasing expense and the estimated interest factor
  attributable to rents..................................   71,384   46,132  22,486   6,310     113
Equity in losses of joint ventures.......................       --       --      --     137     342
                                                          -------- -------- ------- ------- -------
 Earnings as adjusted.................................... $212,707 $142,657 $95,136 $67,799 $39,868
                                                          ======== ======== ======= ======= =======
Fixed charges:
Interest on indebtedness, amortization of debt expense
  and discount and capitalized interest(1)............... $ 26,663 $ 16,589 $10,597 $11,716 $10,728
Leasing expense and the estimated interest factor
  attributable to rents..................................   71,384   46,132  22,486   6,310     113
                                                          -------- -------- ------- ------- -------
 Total fixed charges..................................... $ 98,047 $ 62,721 $33,083 $18,026 $10,841
                                                          ======== ======== ======= ======= =======
Ratio of earnings to fixed charges.......................     2.17     2.27    2.88    3.76    3.68
                                                          ======== ======== ======= ======= =======
</TABLE>
--------
(1) Includes distributions on mandatorily redeemable convertible preferred
    securities.

                                      1
#### In the Matter of R. G. R. Construction Corp., Petitioner, against Robert J. Harder, Inc., Respondent.

Supreme Court, Special Term, Queens County,

October 8, 1959.

*Joseph Jaspan*for petitioner.

*Milton B. Newman*for respondent.

Nicholas M. Pette, J.

This is an application by a general contractor to stay a subcontractor from proceeding “ except through arbitration.” In effect the movant seeks to vacate a notice of mechanic’s lien which was filed by the subcontractor when the contract between the parties provides that such subcontractor “ waives and releases the filing of any lien or claims and all right of lien now existing or that may hereafter arise for Work or labor performed or materials furnished under this contract * * * ” and there is a provision for arbitration of *‘ ‘*Any dispute or claim arising out of, or relating to this agreement or the breach thereof.”

Aside from the fact that there is no power to discharge the lien except in the manner provided in section 19 of the Lien Law, it appears that the contract between the parties also provides that “ Restrictions on liens shall be void if payments *921are not made in accordance with the above terms ” and the subcontractor claims that the general contractor never made payments on the contract in accordance with its terms and there is still an unpaid balance of $271.13.

The motion is accordingly denied. It may be noted, however, that section 35 of the Lien Law expressly provides that the filing of a notice of lien shall not be a waiver of any right of arbitration. (See, also, *May*v. *New Amsterdam Cas. Co.,*270 App. Div. 472.)

Settle order.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 20-13829

Non-Argument Calendar

________________________

D.C. Docket No. 6:20-cr-00004-CEM-DCI-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES OWEN COLE, II,

 Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Middle District of Florida

________________________

(June 1, 2021)

Before JILL PRYOR, NEWSOM and LUCK, Circuit Judges.

PER CURIAM:

USCA11 Case: 20-13829 Date Filed: 06/01/2021 Page: 1 of 2
2

Melissa Fussell, appointed counsel for James Owen Cole, II in this direct 

criminal appeal, has moved to withdraw from further representation of the 

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967). 

Our independent review of the entire record reveals that counsel’s assessment of 

the relative merit of the appeal is correct. Because independent examination of the 

entire record reveals no arguable issues of merit, counsel’s motion to withdraw is 

GRANTED, and Cole’s convictions and sentences are AFFIRMED.

USCA11 Case: 20-13829 Date Filed: 06/01/2021 Page: 2 of 2
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 15

- 00177

- CR

Jackie L. Stokes

v.

The State of Texas §

§

§

§

§ From the 297th District Court

of Tarrant County (1386069D)

July 2, 2015

Per Curiam

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

the appeal should be dismissed. It is ordered that the appeal is dismissed.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM
Exhibit 32.1



SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER



In connection with the Quarterly Report of Dresser, Inc. (Dresser) on Form 10-Q for the period ended March 31,
2004 (the Report), the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:



| | (1) | The Report fully complies, in all material respects, 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 Dresser as of the dates and for periods
presented as required by such Report.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Dated: May 13, 2004



/s/    Steven G. LambSteven G. Lamb Chief Executive Officer and
President
PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_______________

Nos. 09

- 2528 & 09

- 4644

_______________

WILLIAM A. MORGAN,

Appellant

v.

COVINGTON TOWNSHIP; SGT. BERNARD KLOCKO, INDIVIDUALLY;

THOMAS M. YERKE, TOW NSHIP CHAIRMAN, INDIVIDUALLY

_______________

On Appeal from the United States District Court

For the Middle District of Pennsylvania

(D.C. Civil Action Nos. 3

- 07

- cv

- 01972 and 3

- 09

- cv

- 00651)

District Judge: Honorable A. Richard Caputo

_______________

Argued November 17, 2010

_______________

Before: AMBRO, FISHER and GREENBERG, Circuit Judges

(Opinion filed August 2, 2011 )

ORDER AMENDING PRECEDENTIAL OPINION

AMBRO, Circuit Judge

IT IS NOW ORDERED that the published Opinio n in the above case filed

August 2, 2011 , be amended as follows:

On page 7, first full paragraph, line 1, change “After trial was completed”

to “After testimony was completed”.2 By the Court,

Circuit Judge /s/ Thomas L. Ambro

Dated: August 11, 2011

SLC/cc: John G. Dean

Cynthia L. Po llick

Joel M. Wolff

Paula L. Radick
```

[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[House]
[Page H5932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

               HONORING THE LIFE OF GLENN ``SKIDS'' SMITH

  (Mr. SCHILLING asked and was given permission to address the House 
for 1 minute.)
  Mr. SCHILLING. Mr. Speaker, on September 1 of 2012, a tragedy 
occurred at the Quad City Air Show when a 30-year-old L-39 fighter jet 
fell from the sky, claiming the life of a veteran pilot.
  Glenn Smith, or ``Skids,'' as he is remembered by his fellow Hoppers 
of Frisco, Texas, never shied away from adventure. He lived life to the 
fullest as a certified scuba diver, as a licensed sailor, and as a 
self-proclaimed ``struggling'' golfer. Nearly three decades ago, he 
took one of the greatest risks and started what would eventually become 
a successful business. In 2006, Skids retired to pursue his true 
passion--flying. Restoring and flying fighter jets wasn't just a hobby 
to him; it was a way to share a piece of our Nation's history with 
people across the country.
  Skids will always be remembered by those he motivated through his 
mission to educate the general public and to inspire kids to work hard 
in school, aim high in life, and have fun. Skids' enthusiasm for life 
will truly be missed. My thoughts and prayers are with the family and 
friends and teammates he leaves behind.

                          ____________________
```
In the

United States Court of Appeals

For the Seventh Circuit ____________

No. 07-4015

TYRONE O. YOUNG,

Petitioner-Appellant,

v.

UNITED STATES OF AMERICA,

Respondent-Appellee.

____________

Appeal from the United States District Court

for the Eastern District of Wisconsin.

No. 06–C–1328—Rudolph T. Randa, Chief Judge.

____________

SUBMITTED APRIL 2, 2008—DECIDED APRIL 15, 2008

____________

Before EASTERBROOK, Chief Judge, and POSNER and

ROVNER, Circuit Judges.

PER CURIAM. The petitioner has appealed from the

denial of his motion under 28 U.S.C. § 2255 to vacate his

sentence. The district court issued a certificate of appealability “regarding the timeliness of his motion.” The

court offered no other explanation for its action.

In acting as it did, the court appears to have overlooked

our opinion in Davis v. Borgen, 349 F.3d 1027 (7th Cir. 2003),

another case from the Eastern District of Wisconsin. There

we stated:

(1) A certificate of appealability may be issued only if

the prisoner has at least one substantial constitutional
2 No. 07-4015

question for appeal. 28 U.S.C. § 2253(c)(2). (2) The

certificate must identify each substantial constitutional

question. 28 U.S.C. § 2253(c)(3); Beyer v. Litscher, 306

F.3d 504 (7th Cir. 2002). (3) If there is a substantial

constitutional issue, and an antecedent non-constitutional issue independently is substantial, then the

certificate may include that issue as well. See Slack v.

McDaniel, 529 U.S. 473, 484 (2000); Owens v. Boyd, 235

F.3d 356 (7th Cir. 2000). (4) Any substantial non-constitutional issue must be identified specifically in the

certificate. 28 U.S.C. § 2253(c)(3). (5) If success on a

non-constitutional issue is essential (compliance with

the statute of limitations is a good example), and there

is no substantial argument that the district judge

erred in resolving the non-constitutional question,

then no certificate of appealability should issue even if

the constitutional question standing alone would have

justified an appeal. See Anderson v. Litscher, 281 F.3d

672 (7th Cir. 2002).

Id. at 1029. We then pointed out that the certificate issued

by the district court did not satisfy these requirements.

It is the same here. The prisoner has no constitutional

question for appeal, substantial or otherwise; the only

question he presents is whether the district court abused its

discretion in finding that his section 2255 motion was

untimely. The certificate of appealability does not identify

a substantial, or any, constitutional question.

That moots the other three requirements.

The certificate of appealability is vacated and the appeal

dismissed.

USCA-02-C-0072—4-15-08
**EXHIBIT 23.1**

**CONSENT OF REGISTERED PUBLIC ACCOUNTING FIRM**

Weconsent to the incorporation by reference in the Registration Statements onForms S-8 (No. 333-42533, No. 333-86001, No. 333-62734 and No. 333-100011,pertaining to the 1995 Stock Option Plan, the 1998 Stock Option Plan, asamended and restated, and the 2002 Stock Option Plan), and Forms S-3 (No. 333-33710,No. 333-51250, No. 333-53538 and No. 333-112513) of TitanPharmaceuticals, Inc. of our reports dated February 15, 2005,relating to the consolidated financial statements of Titan Pharmaceuticals, Inc.,Titan Pharmaceuticals, Inc. management’s assessment of the effectivenessof internal control over financial reporting, and the effectiveness of internalcontrol over financial reporting of Titan Pharmaceuticals, Inc., includedin this Annual Report on Form 10-K for the year ended December 31,2004.
| /s/ ODENBERG ULLAKKO MURANISHI & CO.  LLP |   |   |
|----------------------------------------------------|--------|--------|
|                                               |   |   |
| San Francisco, California                          |   |   |
| March 15, 2005                                |   |   |

 

----
Exhibit 32.3

Certification of Chief Accounting Officer

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 Quarterly Report on Form 10-Q for the quarter ended June 30, 2009(the Report) of MCG Capital
Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, Linda A. Nimmons, the Chief Accounting Officer of the Registrant, hereby certify, to the best of my knowledge, pursuant
to 18 U.S.C. Section 1350 that:



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



/s/ LINDA A. NIMMONSName:

Linda A. NimmonsTitle:

Chief Accounting OfficerDate:

August 4, 2009