alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001108310
<NAME>                        Point Blank Concepts, Inc.
<MULTIPLIER>                                  1
<CURRENCY>                                    U.S. Currency

<S>                             <C>
<PERIOD-TYPE>                   9-mos
<FISCAL-YEAR-END>                              Jan-31-2000
<PERIOD-START>                                 Feb-01-2000
<PERIOD-END>                                   Oct-31-2000
<EXCHANGE-RATE>                                1
<CASH>                                         80
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               80
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 80
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
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<PREFERRED>                                    0
<COMMON>                                       550
<OTHER-SE>                                     80
<TOTAL-LIABILITY-AND-EQUITY>                   80
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               3,620
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (3,620)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
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<CHANGES>                                      0
<NET-INCOME>                                   (3,620)
<EPS-BASIC>                                    (0.00)
<EPS-DILUTED>                                  0



</TABLE>
The Honorable Terry I. Adelman, United States Magistrate

1

Judge for the Eastern District of Missouri, sitting by the consent

of the parties pursuant to 28 U.S.C. § 636(c).

___________

No. 95-3463

___________

James W. Looney, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Electronic Data Systems *

Corporation, * [UNPUBLISHED]

*

Appellee. *

___________

 Submitted: April 10, 1996

 Filed: April 26, 1996

___________

Before MAGILL, Circuit Judge, HENLEY, Senior Circuit Judge, and LOKEN,

Circuit Judge.

___________

PER CURIAM.

James W. Looney appeals from a judgment of the district court1

granting summary judgment to Electronic Data Systems Corporation (EDS) on

his claims of age and sex discrimination. Having reviewed the record and

the parties' briefs, we conclude that the district court did not err in

holding that Looney failed to produce sufficient evidence to dispute that

EDS terminated him as part of a reduction in force (RIF) and that age and

sex were not factors in the termination. As to his sex discrimination

claim, although EDS retained a female employee in his group, the district

court correctly held that "[t]here [wa]s absolutely no evidence of sex
discrimination." As to his age claim, we note that contrary to Looney's

suggestion on appeal, "[w]hen a company's decision to reduce its workforce

is due to the exercise of its business judgment[,] it need not provide

evidence of financial distress . . . [nor] objective criteria for

determining who should be discharged to make the RIF 'legitimate.'" Hardin

V. Hussmann Corp., 45 F.3d 262, 265 (8th Cir. 1995). Moreover, as the

district court found, the "black balloon" parties and a supervisor's

comment in response to Looney's statement that he remembered when beer cost

35 cents at the ball park do "not lead to an inference that [Looney] was

discharged because of his age." Bialas v. Greyhound Lines, Inc., 59 F.3d

759, 763 (8th Cir. 1995). 

Accordingly, the judgment of the district court is affirmed. See 8th

Cir. R. 47B. 

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
In The 

Court of Appeals 

Seventh District of Texas at Amarillo 

 

No. 07-22-00290-CR 

 

MARTIN CHARLES WILSON, APPELLANT 

V. 

THE STATE OF TEXAS, APPELLEE 

On Appeal from the 213th District Court 

Tarrant County, Texas 

Trial Court No. 1600734D, Honorable Chris Wolfe, Presiding 

March 17, 2023 

ORDER OF ABATEMENT AND REMAND 

Before QUINN, C.J., and PARKER and YARBROUGH, JJ. 

Appellant, Martin Charles Wilson, appeals his conviction for murder1 and sentence 

to life imprisonment.2 The appellate record was originally due January 4, 2023. The 

clerk’s record was filed by this deadline, but the reporter’s record was not. We 

subsequently granted the reporter two extensions to file the reporter’s record due to her 

1 See TEX. PENAL CODE ANN. § 19.02(c).

2 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by 

the Texas Supreme Court pursuant to its docket equalization efforts. See TEX. GOV’T CODE ANN. § 73.001.
2

caseload. By letter of February 7, 2023, we admonished the reporter that failure to file 

the reporter’s record by March 6 could result in the appeal being abated and the cause 

remanded to the trial court for further proceedings without further notice. The reporter 

has since requested a third extension to file the reporter’s record due to her caseload.

We deny the request, abate the appeal, and remand the cause to the trial court for 

further proceedings. See TEX. R. APP. P. 35.3(c) (“The trial and appellate courts are jointly 

responsible for ensuring that the appellate record is timely filed.”); 37.3(a)(2) (requiring 

appellate courts to “make whatever order is appropriate to avoid further delay and to 

preserve the parties’ rights” when the appellate record is not timely filed). On remand, 

the trial court shall determine the following:

(1) what tasks remain to complete the filing of the reporter’s record;

(2) why the reporter has not completed the necessary tasks;

(3) what amount of time is reasonably necessary for the completion of those 

tasks; and

(4) whether the reporter can complete the tasks within the time the trial court 

finds reasonable.

Should the trial court determine that the reporter will require more than thirty days 

to complete, certify, and file the reporter’s record, it shall arrange for a substitute reporter 

to do so. The trial court is directed to enter such orders necessary to address the 

aforementioned questions. So too shall it include its findings on those matters in a 

supplemental clerk’s record and cause that record to be filed with this Court by April 17, 

2023.
3

Should the reporter file the record on or before March 31, 2023, she is directed to 

immediately notify the trial court of the filing, in writing, whereupon the trial court shall not 

be required to take any further action.

It is so ordered.

Per Curiam

Do not publish.
<PAGE>
                                                                EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT
                                       


Board of Directors
Maxim Pharmaceuticals, Inc.

We consent to incorporation by reference in the registration statement (No. 
333-11375) on Form S-8 of Maxim Pharmaceuticals, Inc. of our report dated 
October 31, 1997, relating to the balance sheets of Maxim Pharmaceuticals, 
Inc. (a development stage company) as of September 30, 1997 and 1996, and the 
related statements of operations, stockholders' equity (deficit), and cash 
flows for each of the years in the three-year period ended September 30, 1997, 
and for the period from inception (October 23, 1989) through September 30, 
1997, which report appears in the September 30, 1997 annual report on Form 
10-K of Maxim Pharmaceuticals, Inc.


/s/ KPMG PEAT MARWICK LLP

San Diego, California
December 23, 1997
<PAGE>   1

                                                                    EXHIBIT 23.1

              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

The Board of Directors and Stockholders
Xybernaut Corporation:

     We consent to the incorporation by reference in the registration statements
of Xybernaut Corporation on the Forms noted below of our report dated February
25, 2000 (except for Notes 1 and 13, as to which the date is July 5, 2000), with
respect to the consolidated balance sheets of Xybernaut Corporation as of
December 31, 1999 and 1998 and the related consolidated statements of
operations, stockholders' equity, and cashflows for the two years then ended,
which report appears in the December 31, 1999 Annual Report on Forms 10-KSB
(dated March 17, 2000), 10-KSB/A (dated April 21, 2000) and 10-KSB/A (dated on
or about July 7, 2000) of Xybernaut Corporation.

          Form S-3 (File No. 333-43693, effective January 30, 1998)
          Form S-3 (File No. 333-52567, effective June 11, 1998)
          Form S-3 (File No. 333-68859, effective January 25, 1999)
          Form S-3 (File No. 333-77769, effective May 17, 1999)
          Form S-3 (File No. 333-80837, effective January 28, 2000)
          Form S-3 (File No. 333-33940, effective April 25, 2000)
          Form S-8 (File No. 333-94463, effective January 12, 2000)

/s/ Grant Thornton, LLP

Vienna, VA
July 5, 2000
Exhibit 32.1



CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as chief
executive officer of SMTC Corporation (the Company), does hereby certify that to the undersigneds knowledge:



1) the Companys quarterly report on Form 10-Q/A for the quarter ended July 4, 2004 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 Companys quarterly report on Form 10-Q/A for the quarter ended July 4, 2004 fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/ John CaldwellJohn CaldwellPresident and Chief Executive Officer




Date: November 24, 2004



A signed original of this written statement required by Section 906 has been
provided to SMTC Corporation and will be retained by SMTC Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>   1
                                                                    EXHIBIT 24.2


                            SPECIAL POWER OF ATTORNEY
                          (for Christopher D. Jennings)


KNOW ALL MEN BY THESE PRESENTS, that the undersigned constitutes and appoints
Ernest C. Garcia II, Gregory B. Sullivan, and Steven T. Darak, and Steven P.
Johnson, and each of them, his true and lawful attorney-in-fact and agent with
full power of substitution and resubstitution, for him and in his name, place,
and stead, in any and all capacities, to sign the Annual Report on Form 10-K for
the fiscal year ended December 31, 1997, for filing with the Securities and
Exchange Commission ("SEC") by Ugly Duckling Corporation, a Delaware
corporation, together with any and all amendments to such Form 10-K, and to file
the same with all exhibits thereto, and all documents in connection therewith,
with the SEC, granting to such attorneys-in-fact and agents, and each of them,
full power and authority to do and perform each and every act and thing
requisite and necessary to be done in and about the premises, as fully and to
all intents and purposes as he might or could do in person, hereby ratifying and
confirming all that such attorneys-in-fact and agents, or each of them, may
lawfully do or cause to be done by virtue hereof.


DATE: February 6, 1998




                                          /s/ CHRISTOPHER D. JENNINGS
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Indian Affairs

          - [245A2100DD/AAKC001030/A0A501010.999900]

# AGENCY:

Bureau of Indian Affairs, Interior.

# ACTION:

Notice.

# SUMMARY:

This notice publishes the approval of the Amendment to the Tribal-State Compact for the Conduct of Class III Gaming between the Coushatta Tribe of Louisiana (Tribe) and the State of Louisiana (State).

# DATES:

The amendment takes effect on January 29, 2024.

# FOR FURTHER INFORMATION CONTACT:

                        Ms. Paula L. Hart, Director, Office of Indian Gaming, Office of the Assistant Secretary—Indian Affairs, Washington, DC 20240,                         *IndianGaming@bia.gov;*                         (202) 219-4066.                    

# SUPPLEMENTARY INFORMATION:

                    Under section 11 of the Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 25 U.S.C. 2701*et seq.,*                     the Secretary of the Interior shall publish in the                     **Federal Register**                     notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Amendment removes section 12 subpart (C) from the Tribe's Compact. The Amendment is approved.                

Bryan Newland,

Assistant Secretary—Indian Affairs.

[FR Doc. 2024-01701 Filed 1-26-24; 8:45 am]

BILLING CODE 4337-15-P
**EXHIBIT 32.1**

** **

# **Co-Registrant(Commission File Number 000-30761):**

 

**UbiquiTel Inc.**

**One West Elm Street**

**Suite 400**

**Conshohocken, Pennsylvania 19428**

 

**Co-Registrant (Commission File Number 333-39950):**

 

**UbiquiTel Operating Company**

**One West Elm Street**

**Suite 400**

**Conshohocken, Pennsylvania 19428**

 

 

# **CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED**

## **PURSUANTTO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

Inconnection with the Quarterly Report of UbiquiTel Inc. and UbiquiTel OperatingCompany on Form 10-Q for the quarterly period ended September 30, 2004 as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Donald A. Harris, Chief Executive Officer of UbiquiTel Inc. and UbiquiTelOperating Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)  The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)  The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of UbiquiTel Inc. and UbiquiTel Operating Company.

 
|   | UBIQUITEL  INC.                        |
|--------|----------------------------------------|
|   |                                   |
|   |                                   |
|   | */s/ Donald A. Harris*                 |   |
|   | Donald  A. Harris                      |
|   | President  and Chief Executive Officer |
|   |                                   |
|   |                                   |
|   | UBIQUITEL  OPERATING COMPANY           |
|   |                                   |
|   |                                   |
|   | */s/ Donald A. Harris*                 |   |
|   | Donald  A. Harris                      |
|   | President  and Chief Executive Officer |
|   |                                   |
|   | November  5, 2004                      |
|   |                                   |

 

----
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DONALD CLOYCE WAGDA, 

Plaintiff-Appellant, 

 v. 

AT&T CORP.; AT&T MOBILITY, LLC; 

AT&T MOBILITY II LLC; AT&T 

SERVICES, INC.; DIRECTV, LLC; NEW 

CINGULAR WIRELESS PCS, LLC; 

PACIFIC BELL TELEPHONE COMPANY, 

Defendants-Appellees, 

UNITED STATES OF AMERICA, 

Real-party-in-interest.

No. 22-16173 

D.C. No. 

2:19-cv-01057-JAM-AC 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

John A. Mendez, District Judge, Presiding

Submitted April 12, 2024**

Before: O’SCANNLAIN, KLEINFELD, and SILVERMAN, Circuit Judges

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

APR 12 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Donald Cloyce Wagda, Esq., appeals pro se the district court’s judgment 

dismissing his action under the False Claims Act (“FCA”) against AT&T Corp. 

and its subsidiaries alleging that they improperly escheated items of federal 

property to the state under California’s Unclaimed Property Law rather than 

returning them to the United States. We have jurisdiction under 28 U.S.C. § 1291. 

We review for an abuse of discretion the district court’s dismissal for failure to join 

an indispensable party, and de novo any questions of law. Dawavendewa v. Salt 

River Project Agric. Improvement & Power Dist., 276 F.3d 1150, 1154 (9th Cir. 

2002). We affirm.

The district court did not abuse its discretion in determining that the State of 

California is a necessary and indispensable party whose joinder is infeasible. See 

Fed. R. Civ. P. 19(a) & (b); Dawavendewa v. Salt River Project Agric. 

Improvement & Power Dist., 276 F.3d 1150, 1159-60 (9th Cir. 2002) (affirming 

dismissal of an action under Rule 19 because a party was necessary and

indispensable but its joinder was infeasible because it was entitled to sovereign 

immunity); Bly-Magee v. California, 236 F.3d 1014, 1017 (9th Cir. 2001) 

(“[S]tates . . . enjoy sovereign immunity from liability under the FCA.”). 

We decline to consider arguments raised for the first time on appeal. See 

Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Wagda’s unopposed Motion to Correct Case Caption, Dkt. No. 30, is 
3 

granted. The Clerk is directed to correct the docket to remove the State of 

California as a party and the United States of America’s “Appellee” designation, as 

reflected in the above caption. 

AFFIRMED.
<PAGE>   1
                                                                     EXHIBIT 3.6

                            CERTIFICATE OF AMENDMENT
                                       TO
                          CERTIFICATE OF INCORPORATION
                                       OF
                        ALTERNATIVE LIVING SERVICES, INC.


         ALTERNATIVE LIVING SERVICES, INC. (the "Corporation"), a corporation
organized and existing under and by virtue of the General Corporation Law of the
State of Delaware, does hereby certify:

         FIRST: That, the Board of Directors of the Corporation unanimously
adopted a resolution setting forth a proposed amendment to the Restated
Certificate of Incorporation of the Corporation, declaring said amendment to be
advisable, and directing that said amendment be presented to the stockholders of
the Corporation for consideration at the annual meeting of the stockholders. The
resolution setting forth the proposed amendment is as follows:

         "RESOLVED, that the Corporation's Restated Certificate of Incorporation
     be amended to change the name of the Corporation and that such amendment be
     effected by deleting Article 1 of the Corporation's Restated Certificate of
     Incorporation in its entirety and substituting in lieu thereof:

                                   "Article 1

         The name of the Corporation is ALTERRA HEALTHCARE CORPORATION."

         SECOND: That thereafter an annual meeting of the stockholders of the
Corporation was duly called and held, upon notice in accordance with Section 222
of the General Corporation Law of the State of Delaware, at which meeting the
foregoing resolution was adopted by a majority of the holders of the
Corporation's outstanding common stock entitled to vote at the annual meeting of
the stockholders.

         THIRD:  That the aforesaid amendment was duly adopted in accordance
with the provisions of Section 242 of the General Corporation Law of the State
of Delaware.

         FOURTH:  This Amendment shall not become  effective until and shall
become effective at 5:00 p.m. (local time in Dover, Delaware) on May 19, 1998.


<PAGE>   2



                  IN WITNESS WHEREOF, the Corporation has caused this
certificate to be signed as of this 19th day of May, 1999.

                                           ALTERNATIVE LIVING SERVICES, INC.


                                           By: /s/ William F. Lasky
                                               ------------------------------
                                               William F. Lasky, President
Attested by:

/s/ Thomas E. Komula
----------------------------
Thomas E. Komula, Secretary
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 532 Referred in House (RFH)]

  1st Session
                                 S. 532

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 1995

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
     To clarify the rules governing venue, and for other purposes.

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

SECTION 1. VENUE.

    Paragraph (3) of section 1391(a) of title 28, United States Code, 
is amended by striking ``the defendants are'' and inserting ``any 
defendant is''.

            Passed the Senate March 30 (legislative day, March 27), 
      1995.

            Attest:

                                               SHEILA P. BURKE,

                                                             Secretary.
```