alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 655 Reported in Senate (RS)]

                                                       Calendar No. 311
104th CONGRESS
  2d Session
                                 S. 655

                          [Report No. 104-209]

To authorize the Secretary of Transportation to issue a certificate of 
 documentation with the appropriate endorsement for employment in the 
                coastwise trade for the vessel MARANTHA.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               March 30 (legislative day, March 27), 1995

Mr. Kerry (for himself and Mr. Kennedy) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            January 26, 1996

               Reported by Mr. Pressler without amendment

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
 documentation with the appropriate endorsement for employment in the 
                coastwise trade for the vessel MARANTHA.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
sections 12106, 12107, and 12108 of title 46, United States Code, and 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as 
applicable on the date of enactment of this Act, the Secretary of 
Transportation may issue a certificate of documentation with the 
appropriate endorsement for employment in the coastwise trade for the 
vessel MARANTHA (United States official number 638787).
                                     

                                                       Calendar No. 311

104th CONGRESS

  2d Session

                                 S. 655

                          [Report No. 104-209]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Transportation to issue a certificate of 
 documentation with the appropriate endorsement for employment in the 
                coastwise trade for the vessel MARANTHA.

_______________________________________________________________________

                            January 26, 1996

                       Reported without amendment
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-7208

DONEAL J. GILLESPIE,

Plaintiff - Appellant,

v.

ELDER DICE,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. James C. Dever, III, 

Chief District Judge. (5:15-ct-03083-D)

Submitted: November 19, 2015 Decided: November 24, 2015

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Doneal J. Gillespie, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Doneal J. Gillespie appeals the district court’s order 

dismissing his 42 U.S.C. § 1983 (2012) complaint under 28 U.S.C. 

§ 1915A(b) (2012). We have reviewed the record and find that 

this appeal is frivolous. Accordingly, we dismiss the appeal 

for the reasons stated by the district court. Gillespie v. 

Dice, No. 5:15-ct-03083-D (E.D.N.C. July 21, 2015). We dispense 

with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

DISMISSED
#### Harold M. GUINN, Plaintiff-Appellant, v. SAN BERNARDINO COUNTY, Department of Probation; et al., Defendants-Appellees.

No. 01-56861.

D.C. No. CV-00-05793-RSWL.

United States Court of Appeals, Ninth Circuit.

*137Submitted July 22, 2002 *.

Decided July 30, 2002.

Before BROWNING, KOZINSKI, and BERZON, Circuit Judges.

*

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

MEMORANDUM **

Harold M. Guinn appeals pro se the district court’s partial dismissal and partial summary judgment for defendants in his employment discrimination action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Barnett v. Centoni 31 F.3d 813, 815-16*(9th Cir.1994) , and we affirm.

The district court properly dismissed the claim against Guinn’s supervisor, Steven Harrison, because civil liability under Title VII is limited to the employer. *See Miller v. Maxwell’s Int’l Inc.,*991 F.2d 583, 587 (9th Cir.1993). The district court also properly dismissed Guinn’s state law contractual claims because the terms and conditions of public employment are governed by statute and not contract. *See Hill v. City of Long Beach,*33 Cal.App.4th 1684, 1690, 40 Cal.Rptr.2d 125 (Cal.Ct.App. 1995) (holding that a public employee is not entitled to contract remedies against his employer).

The district court properly granted summary judgment on Guinn’s discriminatory failure to promote claim because Guinn failed to present any evidence that he was not promoted because of his race or age. *See Tex. Dep’t of Comm. Affairs v. Burdine,*450 U.S. 248, 253-54, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981) (prima facie case of discrimination requires a showing by a preponderance of the evidence that the plaintiff applied for an available position for which he was qualified, but was rejected under circumstances which give rise to an inference of discrimination).

The district court also properly granted summary judgment as to Guinn’s intentional infliction of emotional distress claim because failure to promote does not constitute outrageous conduct beyond the bounds of human decency. *See Miller v. Cal.,*18 Cal.3d 808, 135 Cal.Rptr. 386, 557 P.2d 970, 973 (1977).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the *138courts of this circuit except as may be provided by 9th Cir. R. 36-3.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED APRIL 10, 2013

NO. 03-12-00777-CR

Shawn Thomas King, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 27TH DISTRICT COURT OF BELL COUNTY

BEFORE CHIEF JUSTICE JONES, JUSTICES GOODWIN AND FIELD

AFFIRMED -- OPINION BY CHIEF JUSTICE JONES

THIS CAUSE came on to be heard on the record of the court below, and the same being 

considered, because it is the opinion of this Court that there was no error requiring reversal in the

trial court’s judgment of conviction: IT IS ORDERED, ADJUDGED AND DECREED by the 

Court that trial court’s judgment of conviction is in all things affirmed; and it appearing that the 

appellant is indigent and unable to pay costs, that no adjudication as to costs is made; and that 

this decision be certified below for observance.
EXHIBIT 99.1


                              COMMUNICATE.COM INC.

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of Communicate.com Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
David Jeffs, the Chief Executive Officer of the Company certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that to my knowledge:

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

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

                                                     "David Jeffs"
                                                     -----------------------
                                                     David Jeffs
                                                     Chief Executive Officer
                                                     November 6, 2002
<PAGE>


                              COMMUNICATE.COM INC.

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Quarterly Report of Communicate.com Inc. (the
"Company") on Form 10-QSB for the period ending September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, _J
Cameron Pan, the Chief Financial Officer of the Company certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that to my knowledge:

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

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


                                                     "J Cameron Pan"
                                                     -----------------------
                                                     J Cameron Pan
                                                     Chief Financial Officer
                                                     November 6, 2002
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 656 Reported in Senate (RS)]

                                                       Calendar No. 312
104th CONGRESS
  2d Session
                                 S. 656

                          [Report No. 104-210]

To authorize the Secretary of Transportation to issue a certificate of 
 documentation with the appropriate endorsement for employment in the 
                coastwise trade for the vessel QUIETLY.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               March 30 (legislative day, March 27), 1995

Mr. Kerry (for himself and Mr. Kennedy) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                            January 26, 1996

              Reported by Mr. Pressler, without amendment

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
 documentation with the appropriate endorsement for employment in the 
                coastwise trade for the vessel QUIETLY.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
sections 12106, 12107, and 12108 of title 46, United States Code, and 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), as 
applicable on the date of enactment of this Act, the Secretary of 
Transportation may issue a certificate of documentation with 
appropriate endorsement for employment in the coastwise trade for the 
vessel QUIETLY (United States official number 658315).
                                     

                                                       Calendar No. 312

104th CONGRESS

  2d Session

                                 S. 656

                          [Report No. 104-210]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Transportation to issue a certificate of 
 documentation with the appropriate endorsement for employment in the 
                coastwise trade for the vessel QUIETLY.

_______________________________________________________________________

                            January 26, 1996

                       Reported without amendment
```
<PAGE>   1

                                                                Exhibit 10.28


                           [ADRIEN ARPEL LETTERHEAD]



                               December 11, 1995



Lauren Greenwald
19 Steven Lane
Kings Point, NY 11024

Dear Ms. Greenwald:

        This letter sets out our agreement with respect to your role with Home
Shopping Network Canada ("HSN Canada"). So long as you are the selling host at
HSN Canada for Adrien Arpel pursuant to this letter of agreement, Adrien Arpel
Inc. (the "Company") shall pay to you each month a 10% commission on all net
sales (i.e., after deducting returns, credits, etc.) of our products on HSN
Canada, and reimburse you for all reasonable travel and related expenses
incurred by you in the performance of your duties as the selling host provided
that the Company has approved such expenditures in advance.
                
        This agreement shall continue so long as you are acting as the
Company's selling host for HSN Canada. It can be terminated by either you or us
at any time for any reason. Your relationship to the Company shall be that of
an independent contractor and not an employee; the Company shall not withhold
any taxes. All payments due to you for net sales made prior to such termination
shall survive termination and be paid to you by the Company in accordance with
its practices.

        This letter confers no other rights, either express or implied, to you
with respect to any of the Company's assets or products. In performing your
duties under this agreement you shall do all things necessary to maintain the
goodwill and value of the Company and its products. This agreement shall be
governed by New York law.

        To accept this agreement, please sign below.


                                        ADRIEN ARPEL, INC.



/s/ Lauren Greenwald                    By /s/ Jean Farat
--------------------------                ----------------------------
Lauren Greenwald                          Jean Farat
                                          Executive Vice President
**EXHIBIT
      32.1**


**Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**


**(Subsections
      (a) and (b) of Section 1350, Chapter 63 of Title 18, United States
      Code)**





Pursuant
      to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
      section 1350, chapter 63 of title 18, United States Code), each of the
      undersigned officers of Along Mobile Technologies, Inc., a Nevada corporation
      (the "Company"), does hereby certify, to such officer's knowledge,
      that:


The
      Transition Report on Form 10-KSB (Amendment #1) for the period September 1,
      2005
      to December 31, 2005 (the "Form 10-KSB") of the Company fully complies with
      the
      requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and information contained in the Form 10-KSB fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





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




Dated:
      January 9, 2007







/s/
      Jianwei Li


Jianwei
      Li


President
      and


Chief
      Executive Officer







/s/
      Zhen Wang


Zhen
      Wang


Chief
      Financial Officer
**Exhibit 23.2**

 

INDEPENDENT AUDITORS’ CONSENT

 

We consent to the incorporationby reference in the Registration Statements on Form S-3 (File No. 333-60975)and Form S-8 (File Nos. 2-91950, 2-93578, 33-18278, 33-29014, 33-39215,333-47268, 33-56420, 33-53303, 333-51073, 333-93803, 333-93805 and 333-102321)of Mandalay Resort Group of our report dated February 28, 2003 (except for Note7, as to which the date is April 11, 2003), relating to the financialstatements of Victoria Partners as of and for the year ended December 31, 2002,appearing in this  Amendment No.1 onForm 10-K/A to the Annual Report on Form 10-K of Mandalay Resort Group for theyear ended January 31, 2003.

 

 

DELOITTE & TOUCHE LLP

 

Las Vegas, NevadaJune 25, 2003

 

----
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 377 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 377

   To amend a provision of part A of title IX of the Elementary and 
   Secondary Education Act of 1965, relating to Indian education, to 
         provide a technical amendment, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

             February 9 (legislative day, January 30), 1995

Mr. McCain (for himself and Mr. Inouye) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend a provision of part A of title IX of the Elementary and 
   Secondary Education Act of 1965, relating to Indian education, to 
         provide a technical amendment, 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. TECHNICAL AMENDMENT.

    Section 9112(a)(1)(A) of the Elementary and Secondary Education Act 
of 1965 (as added by section 101 of the Improving America's Schools Act 
of 1994 (Public Law 103-382)) is amended by striking ``and'' and 
inserting ``or''.
                                 <all>
```
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-2968

___________

Vincent Hussey, *

*

Appellant, *

*

v. * Appeal from the United States

* District Court for the

* Eastern District of Arkansas.

Marvin Evans, Warden, Maximum *

Security Unit, ADC; Max Mobley, *

Deputy/Assistant Director, Arkansas * [UNPUBLISHED]

Department of Correction; Sangoseni, *

Dr., Arkansas Department of *

Correction; Charlotte Green, *

Infirmary Administrator, Maximum *

Security Unit, ADC, originally *

Sued as “C. Green”; Jonathan E. *

Simmons, Dr., Arkansas Department *

of Correction, originally sued as *

“Simmons”; Tommy James, Asst. *

Warden, Maximum Security Unit, *

ADC (originally sued as James); *

Ophelia Grandy, Infirmary Manager, *

Maximum Security Unit, ADC, *

originally sued as “O. Grandy”; *

John Byus, Director of Medical Care, *

Arkansas Department of Correction, *

*

Appellees. *
1

The Honorable William R. Wilson, Jr., United States District Judge for the

Eastern District of Arkansas, adopting the report and recommendations of the

Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District

of Arkansas. 

2

The Honorable Jerry W. Cavaneau, United States Magistrate Judge for the

Eastern District of Arkansas, to whom the case was referred for final disposition by

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

3

We decline to address the allegations Hussey raises for the first time on appeal.

See Naucke v. City of Park Hills, 284 F.3d 923, 927 n.2 (8th Cir. 2002).

-2-

___________

Submitted: July 13, 2007

Filed: July 19, 2007

___________

Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.

Arkansas inmate Vincent Hussey appeals the district court’s1

 orders granting

summary judgment to one defendant, and dismissing without prejudice another

defendant for failure to serve process; and the district court’s2

 subsequent adverse

grant of summary judgment to the remaining defendants. Having carefully reviewed

the record, we affirm. See Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006)

(summary judgment standard of review); Lee v. Armontrout, 991 F.2d 487, 489 (8th

Cir. 1993) (per curiam) (it is in forma pauperis plaintiff’s responsibility to provide

proper address for service).3

 

Accordingly, we affirm. See 8th Cir. R. 47B. 

______________________________
#### ENGEL SHEET METAL EQUIPMENT, Inc., a Corporation, Plaintiff-Respondent, v. Gordon H. SHEWMAN, Robert Burns, Myron Wayne Grigsby, Aircraft Tool & Manufacturing Company, a Corporation, National Stoker Company, Inc., a Corporation, and Joseph W. Mathews, Defendants-Appellants.

No. 45284.

Supreme Court of Missouri. Division No. 1.

Feb. 11, 1957.

*435Benjamin B. Tepper, Jerome A. Gross, St. Louis, for plaintiff-respondent.

Kingsland, Rogers & Ezell, Estill E. Ezell, Glenn K. Robbins, St. Louis, for defendants-appellants.

WESTHUES, Judge.

Plaintiff, the Engel Sheet Metal Equipment, Inc., a corporation, filed this suit in October, 1954, in the Circuit Court of the City of St. Louis, Missouri, to enjoin the defendants Gordon H. Shewman, Robert Burns, and Myron Wayne Grigsby, along with others, from manufacturing and selling tools and a sheet metal working machine referred to as the “Metal Miracle” allegedly the counterpart of the “Duct Master.” The suit was based on the theory that the defendants were using “trade secrets” of the plaintiff which had been illegally appropriated by the defendants. Plaintiff also asked “That the defendants account for and pay over to the plaintiff all profits realized by them upon sales of said machines and tools.”

In May, 1955, a trial was had and the court enjoined defendants as prayed for in plaintiff’s petition. The court in its decree appointed a Special Master to hold hearings on the accounting feature of the case and to report the result to the court with all convenient speed. On October 21, 1955, motions for new trial were overruled. From the decree entered, Shewman, Burns, and Grigsby appealed.

The only question presented on this appeal is whether the evidence supported the decree entered. The accounting feature of the case is not before us. Under the record, this court does not have jurisdiction of this appeal. There is no issue of damages before us for review. That question was not adjudicated by the trial court in the judgment entered. The record before us does not present any question which would vest this court with jurisdiction. Art. 5, § 3, Missouri Constitution of 1945, V.A.M.S. It is the duty of this court to determine whether it has jurisdiction. Barksdale v. Morris, Mo., 224 S.W.2d 84; Godefroy Mfg. Co. v. Lady Lennox Co., 339 Mo. 1107, 100 S.W.2d 271.

Since we do not have jurisdiction, we may not determine the question of whether the appeal is premature. We so held in Godefroy Mfg. Co. v. Lady Len-nox Co., supra. Note the same case reported in Mo.App., 110 S.W.2d 803.

The case is' hereby transferred to the St. Louis Court of Appeals.

All concur.