alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-3167

___________ Donald L. Juranek, * * Appellant, * * v. * * Everett O. Inbody, Appeals Court Judge; * Bryce Bartu; William H. Norton; * Lindsey Miller-Lerman; Wesley C. Mues, * Appeals; John C. Whitehead; Mark J. * Fuhrman; Edward E. Hannon, Appeals; * Appeal from the United States John R. Thompson; Clay B. Statmore; * District Court for the Timothy V. Haight; Terrence L. * District of Nebraska. Michaels; Barry L. Hemmerling; Leo F. * Meister, Butler Sheriff; Nancy L. * [UNPUBLISHED] Prochaska, District Clerk, Butler * County; Farm Credit, Services of * Midlands; First Nebraska Bank, also * known as Platte Valley Bank; Siffring * Farms, Inc.; Duane Siffring; Unknown * Does, 1 to 99, * * Appellees. *

___________ Submitted: November 17, 1997 Filed: November 20, 1997

___________ Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________-2-

PER CURIAM.
DonaldL. Juranek appeals from the district court & s Federal Rule of Civi l Procedure 12(b)(6) dismissal of his action. Having reviewed the record and the parties & briefs, we conclude that the distr ict court & s judgment was correct and that an extended opinion is not warranted. See 8th Cir. R. 47B. Accordingly, we affirm. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[Federal Register Volume 89, Number 29 (Monday, February 12, 2024)]
[Notices]
[Page 9883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02754]



[[Page 9883]]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-99481; File No. SR-CBOE-2023-038]


Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of 
Withdrawal of a Proposed Rule Change To Amend its Fee Schedule Relating 
to the Options Regulatory Fee

February 6, 2024.
    On August 1, 2023, Cboe Exchange, Inc. (``Cboe'' or ``Exchange'') 
filed with the Securities and Exchange Commission (the ``Commission''), 
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change 
(File No. SR-CBOE-2023-038) to increase the amount of its Options 
Regulatory Fee.\3\ The proposed rule change was immediately effective 
upon filing with the Commission pursuant to Section 19(b)(3)(A) of the 
Act.\4\ The proposed rule change was published for comment in the 
Federal Register on August 16, 2023.\5\ On September 28, 2023, pursuant 
to Section 19(b)(3)(C) of the Act, the Commission temporarily suspended 
the proposed rule change and instituted proceedings under Section 
19(b)(2)(B) of the Act to determine whether to approve or disapprove 
the proposed rule change.\6\ On February 1, 2024, the Exchange withdrew 
the proposed rule change (SR-CBOE-2023-038).
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 98106 (Aug. 10, 
2023), 88 FR 55796 (Aug. 16, 2023) (``Notice'').
    \4\ 15 U.S.C. 78s(b)(3)(A). A proposed rule change may take 
effect upon filing with the Commission if it is designated by the 
exchange as ``establishing or changing a due, fee, or other charge 
imposed by the self-regulatory organization on any person, whether 
or not the person is a member of the self-regulatory organization.'' 
15 U.S.C. 78s(b)(3)(A)(ii).
    \5\ See Notice, supra note 3.
    \6\ See Securities Exchange Act Release No. 98596 (Sept. 28, 
2023), 88 FR 68793 (Oct. 4, 2023).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2024-02754 Filed 2-9-24; 8:45 am]
BILLING CODE 8011-01-P
<Page>

EXHIBIT 32.1 - CERTIFICATION PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT
               OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Annual Report of Dalrada Financial Corporation, a
Delaware corporation (the "Company"), on Form 10-KSB for the year ending June
30, 2006, as filed with the Securities and Exchange Commission (the "Report"),
I, Brian Bonar, Chief Executive Officer of the Company do each hereby certify,
pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350), that
to the best of my knowledge and belief:

(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 result of operations of the Company.

Date: October 13, 2006


/s/ Brian Bonar
-----------------------
Brian Bonar
Chief Executive Officer
FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 1/30/2015 8:30:25 AM CHRISTOPHER A. PRINE Clerk
<PAGE>

                                                                     EXHIBIT 4.2
NUMBER
                                                                               *
                                                              ----------* SHARES
                                                            CLASS B COMMON STOCK

     THIS CERTIFIES THAT *----------* is the record holder of
     *----------* shares of Class B Common Stock of

                     ENGENIO INFORMATION TECHNOLOGIES, INC.
                             A DELAWARE CORPORATION

transferable only on the records of the corporation upon surrender of this
certificate, properly endorsed or assigned.

     This certificate and the shares it represents are subject to the provisions
of the Certificate of Incorporation and the Bylaws of the corporation, and any
amendments thereto, as well as the restrictive legends on the back of this
certificate. Upon request, stockholders may obtain free of charge from the
corporation's principal office a statement describing the preferences,
limitations and relative rights granted to or imposed upon each class or series
of shares or upon the holders of such shares.

     The corporation has caused this certificate to be signed by its duly
authorized officers on           ,      .

<Table>
<S>                                           <C>
--------------------------------------------  --------------------------------------------
David E. Sanders, Secretary                   Thomas Georgens, President
</Table>

FOR VALUE RECEIVED, I HEREBY SELL, ASSIGN AND TRANSFER           SHARES
REPRESENTED BY THIS CERTIFICATE TO                     AND HEREBY IRREVOCABLY
APPOINT                     AS ATTORNEY TO TRANSFER THESE SHARES ON THE SHARE
REGISTER OF THE CORPORATION.

<Table>
<S>                                           <C>
DATED                                         --------------------------------------------
--------------------------------------------  (Stockholder)
--------------------------------------------  --------------------------------------------
(Witness)                                     (Stockholder)
</Table>

NOTICE: THE SIGNATURE ON THIS ASSIGNMENT MUST CORRESPOND EXACTLY WITH THE NAME
AS WRITTEN ON THE FACE OF THIS CERTIFICATE.
<PAGE>
 
                         INDEPENDENT AUDITORS' CONSENT

The Board of Directors
Shareholders of Network Six, Inc.:

We consent to the incorporation by references in the registration statement (No.
33-87208) on Form S-8 of Network Six, Inc. of our report dated March 28, 1997
relating to the balance sheets of Network Six, Inc. as of December 31, 1996 and
1995, and the related statements of operations, stockholders' equity and cash
flows for each of the years in the three-year period ended December 31, 1996,
which report appears in the December 31, 1996 annual report on Form 10-K of
Network Six, Inc.
    
Our report dated March 28, 1997, contains an explanatory paragraph that states
the Company became a defendant in significant litigation with the State of
Hawaii (the State) related to its system implementation contract with the
State, has become a party to other litigation related to the Hawaii contract, 
has suffered recurring losses, and has a bank financing agreement which has 
expired. These circumstances raise substantial doubt about the entity's ability 
to continue as a going concern. The 1996 and 1995 financial statements do not 
include any adjustments that might result from the outcome of these 
uncertainties.        


/s/ KPMG Peat Marwick LLP

Providence, Rhode Island
April 15, 1997
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



Each of the undersigned
officers of Accelerate Diagnostics, Inc. (the “Company”) hereby certifies that, to his or her knowledge, the Company’s
Annual Report on Form 10-K, as amended by Amendment No. 1 filed on Form 10-K/A, for the fiscal year ending December 31, 2013 to
which this certification is attached (the “Report”), as filed with the Securities and Exchange Commission on the date
hereof, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





|March 28, 2014 | /s/ Lawrence Mehren                                          
|-------------- | -------------------------------------------------------------
|               | Lawrence Mehren
        President and Chief Executive Officer
|               | (Principal Executive Officer)                                
|               |                                                              
|March 28, 2014 | /s/ Steve Reichling                                          
|               | Steve Reichling
        Chief Financial Officer              
|               | (Principal Financial and Accounting Officer)
<PAGE>

                                                                    EXHIBIT 23.3

CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS WITH REGARD TO HALIS, INC.
AND SUBSIDIARIES

                             TAUBER & BALSER, P.C.
                          Certified Public Accountants
                           3340 Peachtree Road, N.E.
                                   Suite 250
                               Atlanta, GA 30326


     We consent to the incorporation by reference of our report to the Board of
Directors and Stockholders of Halis, Inc. and Subsidiaries dated April 7, 2000
accompanying the Consolidated Financial Statements of Halis, Inc. as of December
31, 1999 and 1998, included in the June 30, 2000 amended Annual Report on Form
10-KSB/A for HealthWatch, Inc.



/s/ Tauber & Balser, P.C.
-------------------------
TAUBER & BALSER, P.C.
Atlanta, Georgia
April 26, 2001
### Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk December 28, 2011

y1219 

# Order

December 28, 2011

143218

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 143218 COA: 303026 JONATHON A. CLARK, Wayne CC: 06-001737-01-FC Defendant-Appellant.

________________ _______________ __________/

On order of the Court, th e application for leave to ap peal the May 16, 2011 order of the Court of Appeals is considered, and it is DENIED, because the defendant’s motion for relief from judgment is prohibited by MCR 6.502(G).
Exhibit
21.  Capital City Bank Group, Inc. Subsidiaries, as of December 31,
2008.





Direct Subsidiaries:


Capital
City Bank


CCBG
Capital Trust I (Delaware)


CCBG
Capital Trust II (Delaware)





Indirect
Subsidiaries:


Capital
City Banc Investments, Inc. (Florida)


Capital
City Services Company (Florida)


Capital
City Trust Company (Florida)


First
Insurance Agency of Grady County, Inc. (Georgia)


FNB
Financial Services, Inc. (Georgia)


Southern
Oaks, Inc. (Delaware)


Capital
City Mortgage Company (Florida) - Inactive
<PAGE>

                                                                   EXHIBIT 23.2



                         CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-62205) pertaining to the Cornerstone Natural Gas, Inc. 1993
Long Term Incentive Plan, of our report dated March 7, 1994, with respect to
the consolidated statements of operations, cash flows and changes in
stockholders' equity of Cornerstone Natural Gas, Inc. for the year ended
December 31, 1993, included in its Annual Report (Form 10-K) for the year
ended December 31, 1995.


                                        ERNST & YOUNG LLP


Dallas, Texas
February 21, 1996
Exhibit 32.1

Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with this quarterly report on Form 10-Q for the quarter ended September 30, 2009 (the Report) of OPNET
Technologies, Inc. (the Company), I, Marc A. Cohen, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) or Section 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |     |  |                                     
|----------------------- |  | --- |  | ------------------------------------
|Dated: November 5, 2009 |  | By: |  | /s/    MARC A.
COHEN                
|                        |  |     |  | Marc A. Cohen                       
|                        |  |     |  | Chairman and Chief Executive Officer
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER OF A BATEMENT

Appellate case name: In re Fountain Firearms, Inc., Relator

Appellate case number: 01

- 1 5

- 00 761

- CV

Trial court case number: 1 3

- DCV

- 205348

Trial court: 2 4 0 th District Court of Fort Bend County

On September 8, 2015, the relator, Fountain Firearms, Inc. , filed a petition for a writ of mandamus seeking to vacate the respondent trial judge’s July 15, 2015 order denying the relator’s motion f o r summary judgment and directing the trial judge to grant the relator’s motion for summary judgment

. Relator’s petition had name d the Honorable
Thomas R. Culver III, as the respondent

, the presiding judge at the time of the challenged

order

. However, because t he Honorable Chad Bridges has since been appointed the presiding judge of the 2 4 0 th District Court on August 26 , 2015, relator filed a motion to

abate and substitute on September 11, 2015, seeking to abate this proceeding to permit

the successor judge to reconsider the challenged order.

T he Clerk of this Court is directed to substitute Judge Chad Bridges as the respondent. See T EX

. R. A PP

. P. 7.2(a). F urther, relator’s motion to abate is granted , and

this case is abated and remanded to allow Judge Bridges to reconsider the July 15, 2015

order denying the relator’s motion for summary judgment

. See id. at 7.2(b).

The Court orders the trial court clerk to file, w ithin 30 days of the date of this

order or, if the trial court schedules a hearing, within 15 days of th a t hearing, a supplemental clerk’s record with the successor’s order on reconsideration with the Clerk

of this Court. This case is abated, treated as a closed case, and removed from this C ourt’s

active docket. Th is original proceeding will be reinstated on this C ourt’s active docket

when a compliant supplemental clerk’s record, and a supplemental reporter’s record , if

any, are filed. The C ourt will also consider a motion to reinstate by either party.

It is so ORDERED.

Judge’s signature: /s/ Evelyn V. Keyes



Date: September 15 , 2015
## C o nt r o l l i n g F u g i t i v e D u s t E m is s i o n s

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◦ A t t e n d e d D u s t C o n t ro l T r a i n i ng

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◦ A n nu a l A v e r ag e D ai l y T ri p s ( AA D T ) o f Se l e c t e d L a n d Us es

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: A c r o b a t R ead e r ( p d f) o r S pre a d s h e e t ( x l s)

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C u rr e n t R u l es

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◦ R u le 80 3 1

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# P a ge 1 of C o n tr o lli n g Fu g iti v e D u st E m issi o ns

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p l ia n c e_ P M 1 0

. h tm
Exhibit 32.1



Certification Of Periodic Financial Report Pursuant to Section 906

of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350



In connection with the
Annual Report of First Capital Institutional Real Estate, Ltd.-2 (the Partnership) on Form 10-K for the year ending December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report),
Philip G. Tinkler, as President, Chief Executive Officer, Chief Financial Officer and Treasurer of First Capital Financial, L.L.C., the General Partner of the Partnership, hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 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 result of operations of the Partnership.



|                                                                                                         
|---------------------------------------------------------------------------------------------------------
|/s/    Philip G. Tinkler                                                                                 
|Philip G. Tinkler President, Chief Executive
Officer,Chief Financial Officer and Treasurer March 30, 2006
#### Manuel TORRES, Appellant, v. STATE of Texas, Appellee.

No. 30670.

Court of Criminal Appeals of Texas.

May 6, 1959.

Clyde Gordon, Jr., Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Samuel H. Robertson, Jr., and Jon. N. Hughes, Asst. Dist. Atty., Houston, and1 Leon B. Douglas, State’s Atty., Austin,, for the State.

MORRISON, Presiding Judge.

The offense is the sale of marijuana;, the punishment, ten years.

Officer Goodnight of the narcotic division o.f the Houston police department testified that, while working undercover on. the day in question, he was introduced to-the appellant, that the appellant asked if' he had any marijuana, and when he replied' in the negative the appellant asked him if he wanted any and he stated that he-wanted $2 worth. Whereupon, the appellant took a bundle of cigarettes from his-pocket and delivered him four.

It was established by the testimony of a chemist that the cigarettes so delivered: contained marijuana.

Appellant, testifying in his own behalf, admitted delivering the four cigarettes to Goodnight but stated that he had taken Goodnight’s money and had bought the cigarettes from someone else as an accommodation to Goodnight, whoi had talked him into getting the same for him...

*953Goodnight was called in rebuttal and testified that he had purchased four other marijuana cigarettes from the appellant earlier in the same day.

• It is the admission of this testimony concerning another illegal, transaction of which the appellant complains, contending that it constituted an extraneous transaction which was not shown to have eventuated in a conviction.

 When the appellant testified as he did that he had purchased the four marijuana cigarettes and delivered them to Officer Goodnight only because of Goodnight’s insistence and as a favor to him, then proof of other sales to Goodnight became admissible in rebuttal. Watson v. State, Tex.Cr.App., 301 S.W.2d 651. When appellant’s testimony made such evidence admissible, any error that might have been committed was waived. Simons v. State, Tex.Cr.App., 317 S.W.2d 740.

Finding no reversible error, the judgment of the trial court is affirmed.