alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*This matter is being decided by a quorum. 28 U.S.C. §

46(d).

 

** 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-41477

Conference Calendar

 

JAMES EDWARD PATTERSON,

Plaintiff-Appellant,

versus

HARRY W. MCKEE; D.H. CARTER; 

JOHN DOES, 1-300,*

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:96-CV-506

- - - - - - - - - -

February 9, 1999

Before BARKSDALE, and EMILIO M. GARZA, Circuit Judges.*

PER CURIAM:**

Patterson has filed an application for leave to proceed in

forma pauperis (IFP) on appeal, following the district court’s

certification that an appeal would be frivolous. Patterson has

failed to challenge specifically the district court’s finding

that his appeal was not taken in good faith and was legally

frivolous. Although this court liberally construes pro se
No. 97-41477

-2-

briefs, see Haines v. Kerner, 404 U.S. 519, 520-21 (1972), the

court requires arguments to be briefed in order to be preserved. 

Yohey v. Collins, 985 F.2d 222, 225 (5th Cir. 1993). Because

Patterson has failed to address the only appealable issue, the

district court’s certification of the appeal as frivolous, he has

abandoned the issue on appeal. See id. 

Patterson’s request for IFP status is DENIED, and his appeal

is DISMISSED as frivolous. See 5TH CIR. R. 42.2; Baugh v. Taylor,

117 F.3d 197, 202 n.24 (5th Cir. 1997). Patterson is cautioned

that future frivolous appeals filed by him or on his behalf will

invite the imposition of sanctions. He is cautioned further to

review any pending appeals to ensure that they do not raise

arguments that are frivolous. 

IFP DENIED; APPEAL DISMISSED; SANCTIONS WARNING ISSUED.
IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**EDWARD WALLS,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 548 WAL 2014** 

**Petition for Allowance of Appeal from the**  Unpublished Memorandum and Order **of the Superior Court at No. 2001 WDA 2013 exited November 10, 2014,**  affirming **the Order of the Allegheny County Court of Common Pleas at No.**  **CP-02-CR-0008331-1996 exited December 11, 2013** 

ORDER

PER CURIAM

AND NOW **, this 17th day of February, 2016, the Petition for Allowance of Appeal** 

**is** GRANTED **on the issue of whether Petitioner’s sentence violates the prohibition** 

**against mandatory life sentences for juvenile offenders announced by the Supreme** 

**Court of the United States in** Miller v. Alabama **, 567 U.S. ___, 132 S. Ct. 2455 (2012).**

**As a result of the recent holding by that Court that** Miller **must be applied retroactively**

**by the States,** see Montgomery v. Louisiana **, 2016 WL 280758 (U.S. Jan. 25, 2016), the**

**Superior Court’s order is** VACATED **, and the case is** REMANDED **for further**

**proceedings consistent with** Montgomery

**. To the extent necessary, leave is to be granted to ame**  **nd the post-conviction**

**petition to assert the jurisdictional provision of the Post Conviction Relief Act extending** 

**to the recognition of constitutional rights by the Sup reme Court of the United States** 

**which it deems to be retroactive.** See **42 Pa.C.S. §9545(b)(1)(iii).**

**Mr. Justice Eakin did not participate in the consideration or decision of this** 

**matter.**
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[House]
[Page H6161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              THE JOURNAL

  The SPEAKER. The Chair has examined the Journal of the last day's 
proceedings and announces to the House his approval thereof.
  Pursuant to clause 1, rule I, the Journal stands approved.

                          ____________________
```
|   | (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 22, 2010                                           |   |   |   |
|-------------------------------------------------------------------|--------|--------|--------|
|                                                              |   |   |   |
| /s/ Gary R. Smith                                                 |   |   |   |
|                                                                   |   |   |   |
| Gary R. SmithChief Financial Officer SunRidge International, Inc. |   |   |   |
|                                                              |   |   |   |

----
# C_2008064EN.01006901.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/69 |
| --- | --- | --- | --- |

8.3.2008

EN

Official Journal of the European Union

C 64/69

---

Action brought on 10 January 2008 — Brune v Commission

(Case F-5/08)

(2008/C 64/113)

Language of the case: German

Parties

Applicant: Markus Brune (Brussels, Belgium) (represented by: H. Mannes, lawyer)

Applicant:

Defendant: Commission of the European Communities

Defendant:

The subject-matter and description of the proceedings

Annulment of the defendant's decision not to place the applicant on the reserve list for EPSO Competition AD/26/05 by reason of his obtaining an inadequate number of points.

Form of order sought

| — | Annul the defendant's decision of 10 May 2007, and its decision of 2 October 2007 rejecting the complaint, in which it declared the reserve list for EPSO Competition AD/26/05 void; |
| --- | --- |

—

Annul the defendant's decision of 10 May 2007, and its decision of 2 October 2007 rejecting the complaint, in which it declared the reserve list for EPSO Competition AD/26/05 void;

| — | In the alternative, annul the defendant's decision of 10 May 2007, and its decision of 2 October 2007 rejecting the complaint and order the defendant to place the applicant on EPSO reserve list AD/26/05; |
| --- | --- |

—

In the alternative, annul the defendant's decision of 10 May 2007, and its decision of 2 October 2007 rejecting the complaint and order the defendant to place the applicant on EPSO reserve list AD/26/05;

| — | In the further alternative, annul the defendant's decision of 10 May 2007, and its decision of 2 October 2007 rejecting the complaint and order the defendant to fix a new date, with adequate preparation time, for the applicant to take the oral test and to asses the possibility of his being placed on the reserve list on the basis of appropriate criteria; |
| --- | --- |

—

In the further alternative, annul the defendant's decision of 10 May 2007, and its decision of 2 October 2007 rejecting the complaint and order the defendant to fix a new date, with adequate preparation time, for the applicant to take the oral test and to asses the possibility of his being placed on the reserve list on the basis of appropriate criteria;

| — | Order the defendant to state the grounds for its decision of 10 May 2007 and to permit the minutes of the oral test held on 6 March 2007 to be examined; |
| --- | --- |

—

Order the defendant to state the grounds for its decision of 10 May 2007 and to permit the minutes of the oral test held on 6 March 2007 to be examined;

| — | Order the defendant to pay the costs; |
| --- | --- |

—

Order the defendant to pay the costs;

| — | As a precautionary measure, deliver judgment in default. |
| --- | --- |

—

As a precautionary measure, deliver judgment in default.

---
<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                           <C>
<PERIOD-TYPE>                 YEAR
<FISCAL-YEAR-END>             SEP-30-1996
<PERIOD-START>                JAN-01-1996
<PERIOD-END>                  SEP-30-1996
<CASH>                        69,258
<SECURITIES>                  0
<RECEIVABLES>                 1,738,511
<ALLOWANCES>                  (75,000)
<INVENTORY>                   3,797,740
<CURRENT-ASSETS>              7,220,465
<PP&E>                        3,907,553
<DEPRECIATION>                (1,685,205)
<TOTAL-ASSETS>                13,672,917
<CURRENT-LIABILITIES>         11,349,475
<BONDS>                       0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   4,100,000
<COMMON>                      500
<OTHER-SE>                    0
<TOTAL-LIABILITY-AND-EQUITY>  13,672,917
<SALES>                       19,222,801
<TOTAL-REVENUES>              19,230,736
<CGS>                         13,334,588
<TOTAL-COSTS>                 13,334,588
<OTHER-EXPENSES>              12,328,536
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            792,512
<INCOME-PRETAX>               (7,224,900)
<INCOME-TAX>                  0
<INCOME-CONTINUING>           0
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  (7,224,900)
<EPS-PRIMARY>                 (1.59)
<EPS-DILUTED>                 0.000
        

</TABLE>
<PAGE>
                                                                    Exhibit 99.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

                           PURSUANT TO 18 U.S.C. 1350

                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

      I, HSIN NAN LIN, Chief Financial Officer (principal financial officer) of
Investment Agents, Inc.. (the "Registrant"), certifies that to the best of my
knowledge, based upon a review of the Quarterly Report on Form 10-QSB for the
period ended November 30, 2002 of the Registrant (the "Report"):

      (1) The Report fully complies with the requirements of Section 13(a) 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/ Hsin Nan Lin
---------------------------
Name: Hsin Nan Lin
Date:  January 22, 2003


                                  Exhibit 99.2
**Exhibit 32.1****Certification Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.**§ **1350)**     The undersigned, as the chief executive officer of ARRIS Group, Inc., certifies that to thebest of his knowledge the Quarterly Report on Form 10-Q for the period ended September 30, 2006,which accompanies this certification fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934 and the information contained in the quarterly report fairlypresents, in all material respects, the financial condition and results of operations of ARRISGroup, Inc. at the dates and for the periods indicated. The foregoing certification is madepursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied uponfor any other purpose.     Dated this 2nd day of November, 2006.         /s/ Robert J. Stanzione   Robert J. Stanzione  Chief Executive Officer, Chairman
# Hart - Appalachian Regional Commission

- Barren River Area Development District Executive Director Eric Sexton Email &#x65;r&#x69;&#99;&#x2e;&#115;&#x65;&#x78;t&#x6f;&#110;&#x40;&#98;&#x72;&#97;d&#x64;&#46;&#x6f;&#114;&#x67;The post Barren River Area Development District appeared first on Appalachian Regional Commission.
**EXHIBIT 99.1**

** **

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER ANDCHIEF FINANCIAL OFFICER**

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

 

I, Kay L. Toolson, CEO ofMonaco Coach Corporation, certify, pursuant, to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that theAnnual Report of Monaco Coach Corporation on Form 10-K for the year endedDecember 28, 2002 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that information contained insuch Annual Report of Monaco Coach Corporation on Form 10-K fairlypresents in all material respects the financial condition and results ofoperations of Monaco Coach Corporation.

 
|   |   |   |   | By:    | /s/ Kay L.  Toolson      |   |
|--------|--------|--------|--------|--------|--------------------------|--------|
|   |   |   |   |   | Kay L.  Toolson          |   |
|   |   |   |   |   | Chief  Executive Officer |   |

 

I, P. Martin Daley, CFO ofMonaco Coach Corporation, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that theAnnual Report of Monaco Coach Corporation on Form 10-K for the year endedDecember 28, 2002 fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934 and that information contained insuch Annual Report of Monaco Coach Corporation on Form 10-K fairlypresents in all material respects the financial condition and results ofoperations of Monaco Coach Corporation.

 
|   |   |   |   | By:    | /s/ P.  Martin Daley     |   |
|--------|--------|--------|--------|--------|--------------------------|--------|
|   |   |   |   |   | P. Martin  Daley         |   |
|   |   |   |   |   | Chief  Financial Officer |   |

 

----
CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement on
Form S-3, No. 333-88011, No. 333-62175, No. 333-52747, and No 333-31292 of Wild
Oats Markets, Inc. and the Registration Statements on Form S-8, No. 333-66347
and No. 333-20539 pertaining to certain benefit plans of Wild Oats Markets, Inc.
of our report dated November 17, 1999, with respect to the financial statements
of Sun Harvest Farms, Inc. as of September 28, 1999, December 29, 1998, and
December 30, 1997, and for the nine-month period ended September 28, 1999 and
the fiscal years ended December 29, 1998, December 30, 1997, and December 31,
1996, included in the Annual Report (Form 10-K) dated March 29, 2001.




                                Ernst & Young LLP


San Antonio, Texas
March 29, 2001
# C_2010179EN.01003601.xml

| 3.7.2010 | EN | Official Journal of the European Union | C 179/36 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

C 179/36

---

Judgment of the General Court of 19 May 2010 — Nexus Europe (Ireland) v Commission

(Case T-424/08) (1)

(Arbitration clause - Fifth framework programme for research, technological development and demonstration activities - Macro-Economic and Urban Trends in Europe’s Information Society (MUTEIS) Project - Loss caused by amending a contract in relation to the system for reimbursing costs incurred by a participant in the project)

(2010/C 179/61)

Language of the case: English

Parties

Applicant: Nexus Europe (Ireland) Ltd (Dublin, Ireland) (represented by: M. Noonan, Barrister)

Defendant: European Commission (represented by: R. Lyal and A. Sauka, Agents)

Re:

Application for compensation for the loss allegedly suffered by the applicant as a consequence of the Commission obtaining certain amendments to the contract MUTEIS IST-2000-30117, concluded on 31 October 2001.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Nexus Europe (Ireland) Ltd to pay the costs. |
| --- | --- |

2.

Orders Nexus Europe (Ireland) Ltd to pay the costs.

---

(1)  OJ C 6, 10.1.2009.

---
```

[Congressional Record Volume 158, Number 128 (Thursday, September 20, 2012)]
[House]
[Page H6162]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                  CONSTITUTION WEEK/VOTER SUPPRESSION

  (Ms. WOOLSEY asked and was given permission to address the House for 
1 minute and to revise and extend her remarks.)
  Ms. WOOLSEY. Mr. Speaker, I would like to say that my team came in 
second to Tennessee. Tennessee was the only team that beat them--but 
beat them twice. They did a stand-up job. So did our kids in Petaluma.
  Mr. Speaker, on Monday, I took part in a moving naturalization 
ceremony as 50 new people from 20 different countries took the oath 
that made them Americans--225 years to the day that the Founders signed 
the U.S. Constitution.
  Mr. Speaker, there's no constitutional right more precious than the 
right of self-governance. These new Americans were excited for the very 
opportunity to vote in this upcoming election. That's why we should do 
everything possible to ensure that every eligible American can do just 
that. Unfortunately, several States are throwing up barriers to voter 
participation, restricting ballot access to silence peoples' voices.
  Mr. Speaker, guess who is disenfranchised by strict photo ID 
requirements and the like? It's not Republicans. It's communities of 
color and low-income families.

                          ____________________
```
```

[Congressional Record Volume 158, Number 120 (Monday, September 10, 2012)]
[Extensions of Remarks]
[Page E1452]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

IN RECOGNITION OF DR. JOANN BOUGHMAN'S BECOMING SENIOR VICE CHANCELLOR 
       FOR ACADEMIC AFFAIRS AT THE UNIVERSITY SYSTEM OF MARYLAND

                                 ______
                                 

                         HON. CHRIS VAN HOLLEN

                              of maryland

                    in the house of representatives

                       Monday, September 10, 2012

  Mr. VAN HOLLEN. Mr. Speaker, I rise to congratulate Dr. Joann 
Boughman, who will become Senior Vice Chancellor for Academic Affairs 
at the University System of Maryland this month. Dr. Boughman is a 
geneticist with more than 30 years of teaching and administrative 
experience in higher education. The University System is fortunate to 
have her join its leadership team.
  For the past 11 years, Dr. Boughman has done outstanding work as 
Executive Vice President of the American Society of Human Genetics 
(``ASHG''), which is located in my congressional district. In that 
capacity, she has been instrumental in ensuring that scientists are 
engaged in public policy. She has served on federal advisory committees 
on the regulation of genetic tests and has testified before government 
panels. She has been a tireless advocate for the need to protect the 
American people against genetic discrimination and was a leading 
champion of the Genetic Information Nondiscrimination Act. Under her 
leadership, ASHG partnered with the National Human Genome Research 
Institute at the National Institutes of Health in pioneering a 
Congressional fellowship to bring young geneticists to Capitol Hill.
  Dr. Boughman has a long record of service at the University of 
Maryland. Before joining ASHG, she was Vice President for Academic 
Affairs and Dean of the Graduate School at the University of Maryland 
in Baltimore. Prior to holding those positions, she had served as 
Assistant Professor of epidemiology and preventive medicine and 
Director of the School of Medicine's graduate program in human 
genetics.
  Mr. Speaker, I commend the University System of Maryland on its 
appointment of Dr. Boughmnan and look forward to working with her in 
the years ahead.

                          ____________________
```
exv10w17



 






Exhibit 10.17




Summary of Compensation for Timothy M. Harmon



Mr. Harmon’s annual base salary for the fiscal year ending January 28, 2006 is $750,000 per year.
He will also receive a car allowance of $9,000 per year, five weeks of vacation, and general
company benefits, including medical, dental, vision, basic and supplemental life and disability.
Mr. Harmon is eligible to participate in the Company’s 1999 Stock Award Plan, Executive Deferred
Compensation Plan and Employee Stock Purchase Plan. In addition, Mr. Harmon has a
performance-based bonus award agreement as described in more detail in our Current Report on Form
8-K filed on March 25, 2005. A severance agreement with Mr. Harmon was filed as an exhibit to our
Annual Report on Form 10-K filed on April 9, 1998.
##### 



Exhibit 10.56 Amendment No 3
Manufacturing Services and Supply Agreement This Amendment No. 3 to the Manufacturing Services and Supply Agreement (Amendment) is entered
into between Solectron Corporation, a Delaware corporation, and its subsidiaries and affiliates,
which includes Solectron Technology Singapore Ltd., Shinei International Pte. Ltd., Solectron
Technology Sdn Bhd, Solectron Netherlands BV and any other Offshore Business Headquarters (together
or individually, Solectron), and Asyst Technologies, Inc., and its subsidiaries and affiliates
(together or individually, Asyst), effective June 10, 2005 (the Amendment Effective Date) and
amends to the extent expressly provided below the Manufacturing Services and Supply Agreement dated
September 5, 2002 between Asyst and Solectron (and as previously amended on September 23, 2003 and
February 17, 2005, the Agreement). All terms not expressly defined in this Amendment shall be given the same meaning and intent as
defined or provided in the Agreement.  1.
    The second sentence of section 17.1 is deleted and replaced by the following:The term of this Agreement will automatically renew for successive one (1)-year periods
unless earlier terminated as provided in this Section 17. Asyst may terminate this
Agreement for convenience, without incurring any additional liability solely as a result of
such termination, upon one hundred eighty (180) days written notice to Solectron.
Solectron may terminate this Agreement for convenience upon two hundred seventy (270) days
written notice to Asyst. In the event either party provides written notice to the other
party terminating this Agreement or either party terminates this Agreement for cause as
provided in Section 17.2, the parties agree to develop in good faith, and agree to in
writing, a plan of transition to transfer the manufacture of, and manufacturing capability,
material, Asyst intellectual property, documents and Product unique know-how necessary for
the manufacture of the Products to Asyst, or to a third party Asyst reasonably identifies,
and to abide by such plan of transition, as well as all the terms, conditions and
obligations of this Agreement, to its completion, regardless of whether such completion
occurs following the end of the applicable notice period. All other Sections of the Agreement, to the extent not expressly amended in this Amendment, shall
remain unchanged and in full force and effect. Nothing herein shall otherwise amend, modify or
extend any right, obligation or liability of the parties under the Agreement. Executed and agreed on the dates shown below. Agreed:
    
    Agreed:Solectron Corporation
    
    Asyst Technologies, Inc.By:
    
    /s/ Darryl Payton
    
    
    
    By:
    
    /s/ Steve DebenhamAuthorized Signature
    
    
    
    
    
    Authorized SignatureTitle:
    
    Director, Contracts
    
    
    
    Title:
    
    V.P., General Counsel &
SecretaryDate:
    
    6/10/05
    
    
    
    Date:
    
    6/28/05