alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anthony T. LEE, et al., Plaintiffs-Appellees, United States of America, Plaintiff-Intervenor and Amicus Curiae-Appellee, National Education Association, Inc., Plaintiff-Intervenor-Appellee, Brandie McKee, a minor, by Thomas McKee, her father and next friend; Ishbah Cox, et al., Plaintiffs-Intervenors-Appellees, v. MACON COUNTY BOARD OF EDUCATION, et al., Defendants-Appellants.

No. 91-7640.

United States Court of Appeals, Eleventh Circuit.

June 18, 1993.

Deborah H. Biggers, Tuskegee, AL, for appellant.

George L. Beck, Jr., Dennis R. Pierson, Montgomery, AL, for Brandie McKee, Thomas McKee, Ishbah Cox, Ruben Cox, Anderson, Redding and Save Our School Committee.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH, DUBINA, BLACK, and CARNES, Circuit Judges, and CLARK *, Senior Circuit Judge.

*

 Senior U.S. Circuit Judge Thomas A. Clark elected to participate in this decision, pursuant to 28 *U.S.C.*§ 46(c).

PER CURIAM:

The facts and procedural history of this case are set out in the panel decision at *Lee v. Macon County Board of Education,*970 F.2d 767 (1992), *reh’g granted,*987 F.2d 1521*185(11th Cir.1993). This court, sitting *en banc,*affirms the judgment of the district court by an equally divided vote.

IT IS SO ORDERED.
II

104TH CONGRESS

1ST SESSION S. 1482

To amend chapter 13 of title 31, United States Code, to deem all Federal

employees to be essential employees, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 15, 1995

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

to the Committee on Governmental Affairs

A BILL

To amend chapter 13 of title 31, United States Code, to

deem all Federal employees to be essential employees,

and for other purposes.

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

3 SECTION 1. ALL FEDERAL EMPLOYEES DEEMED TO BE ES4 SENTIAL EMPLOYEES.

5 Section 1342 of title 31, United States Code, is

6 amended—

7 (1) by inserting after the first sentence ‘‘All of8 ficers and employees of the United States Govern9 ment or the District of Columbia government shall

10 be deemed to be performing services relating to
2

•S 1482 IS

1 emergencies involving the safety of human life or the

2 protection of property.’’; and

3 (2) by striking out the last sentence.

Æ
[Federal Register Volume 89, Number 17 (Thursday, January 25, 2024)]
[Notices]
[Page 4935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01469]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 3240-040--New Hampshire Rolfe Canal Hydroelectric Project; 
Project No. 6689-018--New Hampshire Penacook Upper Falls Hydroelectric 
Project; Project No. 3342-025--New Hampshire Penacook Lower Falls 
Hydroelectric Project]


Briar Hydro Associates, LLC; Notice of Waiver Period for Water 
Quality Certification Application

    On November 28, 2023, Briar Hydro Associates, LLC submitted to the 
Federal Energy Regulatory Commission (Commission) a copy of its 
applications for Clean Water Act section 401(a)(1) water quality 
certifications filed with the New Hampshire Department of Environmental 
Services, in conjunction with the above captioned projects. Pursuant to 
40 CFR 121.6 and section [4.34(b)(5), 5.23(b), 153.4, or 157.22] of the 
Commission's regulations,\1\ we hereby notify the New Hampshire 
Department of Environmental Services of the following:
---------------------------------------------------------------------------

    \1\ 18 CFR [4.34(b)(5)/5.23(b)/153.4/157.22].
---------------------------------------------------------------------------

    Date of Receipt of the Certification Requests: November 28, 2023.
    Reasonable Period of Time to Act on the Certification Requests: One 
year, November 28, 2024.
    If the New Hampshire Department of Environmental Services fails or 
refuses to act on the water quality certification requests on or before 
the above date, then the agency certifying authority is deemed waived 
pursuant to section 401(a)(1) of the Clean Water Act, 33 U.S.C. 
1341(a)(1).

    Dated: January 19, 2024.
Debbie-Anne A. Reese,
Acting Secretary.
[FR Doc. 2024-01469 Filed 1-24-24; 8:45 am]
BILLING CODE 6717-01-P
#### F.P. CORPORATION, Appellant, v. TWIN MODAL, INC., Appellee.

No. 92-2258.

United States Court of Appeals, Eighth Circuit.

Submitted Dec. 17, 1992.

Decided March 26, 1993.

Alan D. Harris (argued), Bloomington, MN (Paul 0. Taylor, on the brief), for appellant.

Ronald H. Usem (argued), Minneapolis, MN, for appellee.

Before McMILLIAN, BOWMAN, and LOKEN, Circuit Judges.

BOWMAN, Circuit Judge.

F.P. Corporation appeals from the order of the District Court1 granting summary judgment in favor of Twin Modal, Inc.2 We affirm.

F.P. Corporation is a common and contract motor carrier, presently insolvent. In April 1988, Twin Modal, a property broker, contracted with P.P. for future shipments of freight. F.P. performed the agreed services and invoiced Twin Modal at the agreed rate. Twin Modal paid the invoiced charges. In August 1991, F.P. brought suit against Twin Modal seeking to recover alleged undercharges, that is, the difference between the contract rate Twin Modal paid and the higher rate set forth in the tariff F.P. purportedly had filed with the Interstate Commerce Commission (ICC).

We agree with the District Court that F.P.’s tariff never was effectively filed with the ICC and thus F.P. is barred from collecting the alleged undercharges from Twin Modal. *See Atlantis Express, Inc. v. Associated Wholesale Grocers, Inc.,*989 F.2d 281 (8th Cir.1993).

Twin Modal’s alternative ground for af-firmance — its claim of exemption from liability for undercharges by reason of a contract carriage relationship between the parties — was not considered by the District Court. The record on the issue has not been fully developed. Further, our conclusion that F.P.’s tariff was not effectively filed makes resolution of the contract carriage issue unnecessary to our decision and we decline to consider the issue. F.P.’s motion to strike certain portions of Twin Modal’s argument on this issue, which we have taken with the case, is denied as moot.

F.P.’s suggestion that we remand to the ICC for a determination of rate reasonableness is denied. F.P. did not seek such a remand in the District Court. Instead, in *286its complaint and in its strategy in that court, F.P. relied solely on its alleged filed rate. F.P. will not now be heard to claim it is entitled to such a remand. *See Atlantis Express, Inc. v. Associated Wholesale Grocers, Inc.,*989 F.2d 281 (8th Cir.1993).

The judgment of the District Court is affirmed.

1

. The Honorable James M. Rosenbaum, United States District Judge for the District of Minnesota.

2

. The District Court also dismissed without prejudice Twin Modal’s state law counterclaim.
Exhibit 32.2
 CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
    May 15, 2009

Date
    
    By
    
    /s/ Michael J. Rispoli

Michael J. Rispoli
    
    Chief Financial Officer, Grubb
& Ellis Realty Investors, LLC,
the Manager of NNN 2003 Value Fund, LLC,(principal financial officer)
<PAGE>

                                  EXHIBIT 31.1

                                 CERTIFICATIONS

I, Gary S. Jacob, certify that:

1) I have reviewed this quarterly report on Form 10-QSB/A of Callisto
Pharmaceuticals, Inc.

2) Based on my knowledge, this quarterly 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 quarterly
report;

3) Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

4) The registrant's other certifying officers and I am responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) 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 quarterly report is being prepared;

b) 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

c) 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 officers 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.

Date: December 1, 2003



                                        /s/ Gary S. Jacob
                                        -----------------
                                        Gary S. Jacob
                                        Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                               DEC-31-1999
<PERIOD-START>                                  JAN-01-1999
<PERIOD-END>                                    DEC-31-1999
<CASH>                                            7,091,025
<SECURITIES>                                     34,332,667
<RECEIVABLES>                                       968,804
<ALLOWANCES>                                              0
<INVENTORY>                                       2,513,981
<CURRENT-ASSETS>                                 45,123,219
<PP&E>                                            5,894,439
<DEPRECIATION>                                    2,385,236
<TOTAL-ASSETS>                                   49,367,402
<CURRENT-LIABILITIES>                             6,302,558
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                            142,016
<OTHER-SE>                                       42,922,828
<TOTAL-LIABILITY-AND-EQUITY>                     49,367,402
<SALES>                                           1,823,394
<TOTAL-REVENUES>                                  1,823,394
<CGS>                                             1,642,395
<TOTAL-COSTS>                                    33,270,673
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                               (2,169,462)
<INCOME-PRETAX>                                 (30,920,212)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                             (30,920,212)
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                    (30,920,212)
<EPS-BASIC>                                           (2.30)
<EPS-DILUTED>                                         (2.30)



</TABLE>
NEUROLOGIX,
INC.


January
23, 2012


Mr. Reginald Hardy


2600 Southwest Third Avenue, Suite 950


Miami, FL 33129


 


Re: Amendment
to Employment Agreement 


Dear
Reg: 


This
letter (this “Amendment”), effective as of January 23, 2012, amends that certain letter agreement, dated as
of December 15, 2011 (as amended, restated, supplemented or otherwise modified from time to time, the “Employment Agreement”),
by and between you and Neurologix, Inc., a Delaware corporation (the “Company”). Capitalized terms used herein
and not otherwise defined herein shall have the meanings ascribed to them in the Employment Agreement.


 


For
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed as follows:


 


1.Section
4 of the Employment Agreement is hereby amended by deleting all references to “four percent (4%)” contained therein
and replacing them with “three and one-half percent (3.5%).”


 








2.Except as amended
by this Amendment, the Employment Agreement and the related Non-Disclosure Agreement, dated as of February 18, 2010, between you
and the Company, and each provision thereof, are hereby ratified and confirmed in every respect and shall continue in full force
and effect.


 


3.This Amendment shall
be governed by, and construed in accordance with, the laws of the State of New York, without regard to its principles of conflicts
of laws.


 


4.This Amendment may
be executed in one or more counterparts, each of which shall be deemed to be an original but all of which together shall constitute
one and the same instrument. This Amendment may be executed by the delivery of facsimile or .pdf copies of the signatures of the
parties hereto.







 


[Remainder of Page Intentionally Left Blank;
Signature Page Follows]



    	 



    	 



    




IN WITNESS
WHEREOF, the parties have caused this Amendment to be executed as of the date first written above.


 


NEUROLOGIX, INC.


By: /s/ Clark A. Johnson______________


Name: Clark A. Johnson


Title: Chief Executive Officer


 


 


 


By: /s/ Marc L. Panoff_________________


Name: Marc L. Panoff


Title: Chief Financial Officer


 


Accepted and Agreed:


 


/s/ Reginald Hardy___________________

Reginald Hardy
#### Stephen BOGOVICH, Plaintiff-Appellant, v. John BATTALINO; et al., Defendants-Appellees.

No. 01-56592.

D.C. No. CV-96-02739-SVW.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 10, 2003.*

Decided Feb. 13, 2003.

Before LEAVY, FERNANDEZ, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Stephen L. Bogovieh, a California state prisoner, appeals pro se the district court’s summary judgment in favor of the defendants in his 42 U.S.C. § 1983 action alleging that prison officials were deliberately indifferent to his medical needs in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s sum*869mary judgment, *Frost v. Agnos,*152 F.3d 1124, 1128 (9th Cir.1998), and we affirm.

Summary judgment was proper because Bogovieh failed to raise a genuine issue of material fact as to whether prison officials acted with deliberate indifference in diagnosing and treating his back condition. *See id.*at 1130. Bogovich’s disagreement as to his treatment plan does not rise to an Eighth Amendment violation. *See Jackson v. McIntosh,*90 F.3d 330, 332 (9th Cir.1996).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
##### 



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


Pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and in connection with the Annual
Report on Form 10-K of Post Properties, Inc.
(Post) and Post Apartment Homes, L.P.
(PAH, and together with Post, the
Registrants) for the year ended December 31,
2003, as filed with the Securities and Exchange Commission on
the date hereof (the Report), the undersigned, the
President and Chief Executive Officer of Post and Post GP
Holdings, Inc., PAHs general partner, certifies 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 Registrants.

/s/ David P. Stockert




David P. Stockert


President and Chief Executive Officer


March 12, 2004





Post Properties, Inc.


126


Post Apartment Homes, L.P.
----

Exhibit 32

 

CERTIFICATION PURSUANTTO 

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 

(18 U.S.C. SECTION1350)

 

In connection with the QuarterlyReport of First National Power Corporation, a Delaware corporation (the"Company"), on Form 10-QSB/A for the quarter ending March 31, 2005 as filed withthe Securities and Exchange Commission (the "Report"), I, Peter Wanner, ChiefFinancial Officer of the Company, certify, pursuant to Section 906 of theSarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to my knowledge: 

 

(1) The Report fully complies withthe requirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and 

 

(2) The information contained in theReport fairly presents, in all material respects, the financial condition andresult of operations of the Company. 

 

 

***/s/ Peter Wanner                               ***

Peter Wanner, Chief Financial Officer

Dated: May 12, 2005                           

----
Exhibit 23.2



CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in the following registration
statements of Webb Interactive Services, Inc. and in the related prospectuses of our report dated February 10, 2004, with respect to the consolidated financial statements of Webb Interactive Services, Inc. as of and for the year ended December 31,
2003, included in this Annual Report (Form 10-KSB) for the year ended December 31, 2004:



|                 |  |                  |  |                 
|---------------- |  | ---------------- |  | ----------------
|1) No. 333-13983 |  | 3) No. 333-63632 |  | 5) No. 333-83103
|2) No. 333-57442 |  | 4) No. 333-82316 |  | 6) No. 333-89600



/s/
ERNST & YOUNG LLP



Denver, Colorado

April 13, 2005



Ex-82
VI

104TH CONGRESS

2D SESSION S. 1736

For the relief of Staff Sergeant Charles Raymond Stewart and Cynthia

M. Stewart of Anchorage, Alaska, and their minor son, Jeff Christopher

Stewart.

IN THE SENATE OF THE UNITED STATES

MAY 8, 1996

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

to the Committee on the Judiciary

A BILL

For the relief of Staff Sergeant Charles Raymond Stewart

and Cynthia M. Stewart of Anchorage, Alaska, and their

minor son, Jeff Christopher Stewart.

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

3 SECTION 1. CONSENT TO SUIT.

4 Notwithstanding section 2735 of title 10, United

5 States Code, section 2680(k) of title 28, United States

6 Code, or any other provision of law, the United States Dis7 trict Court for Alaska shall have jurisdiction to hear, de8 termine, and render judgment for damages on a claim by

9 Staff Sergeant Charles Raymond Stewart and Cynthia M.
2

•S 1736 IS

1 Stewart of Anchorage, Alaska, brought on behalf of their

2 minor son, Jeff Christopher Stewart, arising out of alleged

3 improper diagnosis or medical treatment by physicians

4 and medical personnel employed by the United States re5 lating to an injury suffered by Jeff Christopher Stewart

6 on August 10, 1992, on Ramstein Air Base near

7 Kaiserslautern, Germany.

8 SEC. 2. LIMITATIONS PERIOD.

9 Suit on a claim under section 1 may be instituted

10 at any time no later than 1 year after the date of enact11 ment of this Act.

12 SEC. 3. PRIOR SETTLEMENT.

13 Settlement of a claim before the date of enactment

14 of this Act shall not bar a claim under section 1. The

15 amount of any damages awarded for a claim under section

16 1 shall be reduced by any amount of damages paid to the

17 claimant under a settlement made before the date of the

18 enactment of this Act of a claim relating to the same in19 jury described under such section.

20 SEC. 4. NO INFERENCE OF LIABILITY.

21 Nothing in this Act shall be construed as an inference

22 of liability on the part of the United States.

Æ
Exhibit 10.33
                              Suburban Lodges, Inc.

A Promissory  Note to Finova  Realty  Capital Inc. with  substantially  the same
terms as Exhibit 10.25 to the Company's  Annual Report on Form 10-K for the year
ended  December  31, 1999 for the  following  group of  properties  is not being
separately filed:

<TABLE>
<CAPTION>
 PROPERTY NAME/                         ADDRESS                  CITY, STATE
AMOUNT OF NOTE
<S>                                   <C>                       <C>
Group 6/$13,700,000

Suburban Lodge - Hazlewood             9067 Dunn Road            Hazelwood, MO
Suburban Lodge - St. Charles           1769 Fairlane Dr.         St. Charles, MO
Suburban Lodge - East Indianapolis     2301 Post Dr.             Indianapolis, IN
Suburban Lodge - Newport News          12015 Jefferson Ave.      Newport News, VA
Suburban Lodge - Jackson, Miss.        5731 I-55 N               Jackson, MS
</TABLE>