alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Circuit Judge of the 8 th Circuit, sitting by designation.

** Pursuant to 5 TH C IR

. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 00-31487 c/w 01-30410

JOY CORTINAS, Individually and on behalf of her minor son, Edward Michael Cortinas,

Plaintiff - Appellant - Cross-Appellee,

VERSUS

HIGHWAY TRANSPORT, INC; LIBERTY MUTUAL INSURANCE COMPANY,

Defendants - Appellees,

FLYING J, INC.,

Defendant - Appellee - Cross-Appellant.

Appeals from the United States District Court For the Eastern District of Louisiana, New Orleans (00-CV-1661-M)

November 26, 2001

Before KING, Chi ef Judge, DAVIS, Circuit Judge, and MAGILL *

, District Judge.

PER CURIAM: **

A fter reviewing the record and considering the briefs an d

argument of counsel we are satisfied that the district court

correctly dismissed this suit against Flying J on grounds that2

Flying J owed no le gal duty to Mr. Cortinas that was breached.

Essentially for the reasons assigned by the district court, we

therefore affirm the dismissal of this action against Flying J but

decline to impose sanctions against Ms. Cortinas.

With respect to the action by Cortina s against Highway

Transport and Liberty Mutual, counsel advised us at argument that

C ortinas workers’ compensation action was resolved by the

Louisiana Office of Workers’ Compensa tion. The workers’

compensation judge granted Highway Transport and Liberty Mutual’s

Motion for Summary Judgment and dismissed the workers’ compensation

action against those parties. Cortinas lodged an appeal to the

Louisiana Court of Appeals for the Fifth Circuit, and argument was

heard on their appeal on November 6, 2001. In view of the progress

of t his litigation in the state court, we conclude that it is

prudent to allow the state court to interpret its workers’

compensation statute. To accomplish this result, we therefore

vacate the judgment of the dist rict court dismissing this action

against Highway Transport and Liberty Mutual and remand this case

with directions to stay Cortinas’ action against these parties

pending resolution of the worker’s compensation action disposition

by the Louisiana appellate courts.

AFFIRMED IN PART, VACATED IN PART AND REMANDED.
[Federal Register Volume 89, Number 35 (Wednesday, February 21, 2024)]
[Notices]
[Page 13109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03420]


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

NATIONAL SCIENCE FOUNDATION


Proposal Review Panel for Materials Research; Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation (NSF) announces the 
following meeting:
    Name and Committee Code: Proposal Review Panel for Materials 
Research--Materials Research Science and Engineering Center (MRSEC) 
Site Visit Pennsylvania State (DMR) (#1203).
    Date and Time: April 1, 2024; 7:30 a.m.-6:45 p.m.; April 2, 2024; 
8:00 a.m.-3:45 p.m.
    Place: Pennsylvania State Millennium Science Complex, Pollock Road, 
Room 201A/B, University Park, PA 16802.
    Type of Meeting: Part-Open.
    Contact Person: Dr. Cosima Boswell-Koller, Program Director, 
National Science Foundation, 2415 Eisenhower Ave., Alexandria, VA 
22314; Telephone: 703-292-4959.
    Purpose of Meeting: NSF site visit to conduct a review during year 
4 of the award period as stipulated in the cooperative agreement.
    Agenda: To conduct an in depth evaluation of performance, to assess 
progress towards goals, and to provide recommendations.

Monday, April 1, 2024

7:30 a.m.-12:05 p.m.--Executive Sessions (Closed).
12:05 p.m.-1:00 p.m.--Lunch (Open).
1:00 p.m.-2:30 p.m.--Executive Sessions (Closed).
2:30 p.m.-3:30 p.m.--Facilities Overview and Lab Tour (Closed).
3:30 p.m.-5:00 p.m.--Poster Session (Open).
5:00 p.m.-6:45 p.m.--Executive Sessions (Closed).

Tuesday, April 2, 2024

8:00 a.m.-3:45 p.m.--Executive Sessions (Closed).

    Reason for Closing: The program being reviewed during the site 
visit will include information of a proprietary or confidential nature, 
including technical information; financial data, such as salaries, and 
personal information concerning individuals associated with the 
program. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) 
of the Government in the Sunshine Act.

    Dated: February 14, 2024.
Crystal Robinson,
Committee Management Officer.
[FR Doc. 2024-03420 Filed 2-20-24; 8:45 am]
BILLING CODE 7555-01-P
<PAGE>
                                                                   EXHIBIT 32.1

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

   In connection with the Annual Report of Enzon Pharmaceuticals, Inc. (the
"Company") on Form 10-K/A for the fiscal year ended June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Kenneth J. Zuerblis , Chief Financial 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 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.

                                /s/ Kenneth J. Zuerblis
                                ------------------------------------------------
                                Executive Vice President Finance,
                                Chief Financial Officer and
                                Corporate Secretary
                                (Principal Financial Officer and
                                Acting Principal Executive Officer)

November 10, 2004

   A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to Enzon Pharmaceuticals, Inc.
and furnished to the Securities Exchange Commission or its staff upon request.


                                      E-44
* 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. 00-50412

Summary Calendar

 

DON WRIGHT,

Plaintiff-Appellant,

versus

KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-99-CV-310-SS

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

January 8, 2001

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Don Wright appeals the district court’s judgment affirming the

Social Security Commissioner’s decision to deny him disability

benefits. He argues that the ALJ erred in determining that his

post traumatic stress disorder was not a severe impairment and that

he retained the residual functional capacity to work.

Wright has not demonstrated any error in the Commissioner’s

decision. Substantial evidence supports the determination that

alcoholism was not a material contributing factor and that Wright

was not disabled. See Brown v. Apfel, 192 F.3d 492, 496 (5th Cir.
No. 00-50412

-2-

1999); Bowling v. Shalala, 36 F.3d 431, 434 (5th Cir. 1994); Moore

v. Sullivan, 919 F.2d 901, 905 (5th Cir. 1990). Accordingly, the

district court’s judgment is AFFIRMED.
**EXHIBIT 32**

 

**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 ofTell-A-Tale Incorporated (the “Company”) on Form 10-QSB for the period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Anthony N. DeMint, President and Chief Accounting 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 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. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

/s/ Anthony N. DeMint                                    

Anthony N. DeMint

President and Chief Accounting Officer

May 5, 2006
<TABLE>
<CAPTION>

                TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC.
                             AND SUBSIDIARIES
                                                                    EXHIBIT 11
                                                                    ----------


                 COMPUTATION OF EARNINGS PER COMMON SHARE

                                        2 0 0 1         2 0 0 0         1 9 9 9
                                        -------         -------         -------
<S>                               <C>            <C>              <C>
Basic earnings:

Net income (loss)                    $   243,576     $(1,165,638)     $  180,757
                                     -----------     -----------      ----------

Shares:
Weighted common shares outstanding     2,559,453       2,438,167       2,141,801
                                     -----------     -----------      ----------

Basic earnings (loss) per share      $       .10     $      (.48)     $      .08
                                     ===========     ===========      ==========


Diluted earnings:

Net income (loss)                    $   243,576     $(1,165,638)     $  180,757
                                     -----------     -----------      ----------

Shares:
Weighted common shares outstanding     2,559,453       2,438,167       2,141,801
Employee stock options                        --              --           4,004
Warrants                                      --              --         199,249
Consultants stock options                     --              --             395
Directors stock options                      590              --              --
Underwriter options                           --              --              --
                                     -----------     -----------      ----------

Total weighted shares outstanding      2,560,042       2,438,167       2,345,449
                                     -----------     -----------      ----------

Diluted earnings (loss)
  per common share                   $       .10     $      (.48)     $      .08
                                     ===========     ===========      ==========

</TABLE>
#### Stella EHRHARDT, Appellant, v. John M. ROBINSON et al., Appellees.

No. 4347.

Court of Civil Appeals of Texas. Waco.

Feb. 11, 1965.

Rehearing Denied March 11, 1965.

Stella Ehrhardt, in pro. per.

John M. Robinson, Vinson, Elkins, Weems &' Searls, M. C. Chiles, Houston, for appellees.

McDONALD, Chief Justice.

Plaintiff filed this case to cancel and annul a deed, alleged to have been procured by fraud, deceit and undue influence of one of the defendants. At the conclusion of the evidence the Trial Court withdrew the case from the jury and rendered judgment that plaintiff take nothing. Plaintiff’s motion *948for new trial was overruled and plaintiff gave notice of appeal and caused transcript to be filed in the Court of Civil Appeals. No Statement of Facts has been filed. Plaintiff has filed no brief, and the time for filing same has expired. The appeal is dismissed.

Dismissed.
##### 



EXHIBIT 32.2

AT ROAD, 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 At Road, Inc. (the Company) on
Form 10-Q for the quarter ended June 30, 2003, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Krish Panu, 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 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.

|                        | 
|----------------------- | 
|/s/ Thomas C. Hoster   
|Thomas C. Hoster       
|Chief Financial Officer
|August 8, 2003
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 52 Introduced in Senate (IS)]

104th CONGRESS
  1st Session
                                 S. 52

   To provide that a justice or judge convicted of a felony shall be 
                   suspended from office without pay.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Thurmond introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To provide that a justice or judge convicted of a felony shall be 
                   suspended from office without pay.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That section 3 of title 28, United States Code, is amended by--
            (1) inserting ``(a)'' before ``Whenever the'';
            (2) adding at the end thereof the following:
    ``(b) Justices of the Supreme Court shall hold office during good 
behavior.
    ``(c) For purposes of the tenure or appointment of a justice, the 
term `good behavior' shall not include any offense committed by a 
justice if the conviction of such offense is punishable by death or 
imprisonment for a term exceeding one year. Any justice convicted of 
such an offense shall be suspended from office without pay pending the 
disposition of impeachment proceedings.''.
    Sec. 2. Sections 44(b) and 134(a) of title 28, United States Code, 
are each amended by adding at the end thereof the following: ``For 
purposes of the tenure or appointment of a judge, the term `good 
behavior' shall not include any offense committed by a judge if the 
conviction of such offense is punishable by death or imprisonment for a 
term exceeding one year. Any judge convicted of such an offense shall 
be suspended from office without pay pending the disposition of 
impeachment proceedings.''.
                                 <all>
```
#### Billy Russell JACKSON, Appellant, v. STATE of Texas, Appellee.

No. 33153.

Court of Criminal Appeals of Texas.

March 22, 1961.

*877No attorney for appellant of record on appeal.

Henry Wade, Crim. Dist. Atty., James ^Miller, Phil Burleson, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for driving while intoxicated; the punishment, 3 days in jail and a $50 fine.

The statements of facts, not approved by the trial judge, cannot be considered because they were not filed within 90 days after notice of appeal as required by Art. 759a, Vernon’s Ann.C.C.P.

There are no formal bills of exception and the proceedings appearing regular, the judgment is affirmed.

Opinion approved by the court.

WOODLEY, P. J., absent.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTHS ENDED SEPTEMBER, 2000 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-2001
<PERIOD-START>                             APR-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          54,347
<SECURITIES>                                         0
<RECEIVABLES>                                    3,214
<ALLOWANCES>                                       180
<INVENTORY>                                      2,898
<CURRENT-ASSETS>                                61,955
<PP&E>                                           2,586
<DEPRECIATION>                                   2,115
<TOTAL-ASSETS>                                  62,998
<CURRENT-LIABILITIES>                            5,358
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            22
<OTHER-SE>                                      57,618
<TOTAL-LIABILITY-AND-EQUITY>                    62,998
<SALES>                                              0
<TOTAL-REVENUES>                                 7,864
<CGS>                                                0
<TOTAL-COSTS>                                    4,143
<OTHER-EXPENSES>                                 4,278<F1>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  63
<INCOME-PRETAX>                                (2,740)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,740)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    672
<CHANGES>                                            0
<NET-INCOME>                                   (4,083)
<EPS-BASIC>                                     (0.46)
<EPS-DILUTED>                                   (0.46)
<FN>
<F1>ITEM CONSIST OF RESEARCH AND DEVELOPMENT EXPENSES AND AMORTIZATION OF
STOCK-BASED COMPENSATION.
</FN>


</TABLE>
#### Ebbie CLERKLY, Appellant, v. STATE of Texas, Appellee.

No. 30728.

Court of Criminal Appeals of Texas.

June 10, 1959.

No attorney on appeal for appellant.

Leon B. Douglas, State’s Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for aggravated assault by the use of a knife; the punishment, six months in jail and a fine of $225.

The state’s evidence shows that appellant, while driving a car, almost collided with Antonio Guerra’s car, as Guerra, the injured party, was driving away from the curb; that Guerra followed appellant some distance where they both stopped; that appellant approached Guerra’s car using vile language; that Guerra got out of his car and the two men started struggling, and that as a result of the fight, Guerra was cut with a knife on the back, neck and wrist by appellant.

Appellant, testifying in his own behalf, denied that he almost collided with Guerra’s car and stated that Guerra came toward him, after they had stopped, with a belt wrapped around his hand. He further testified that during the attack by Guerra, he cut Guerra with a knife.

The court charged upon the law as here applicable to self-defense.

Appellant did not file a brief and there are no formal bills of exception.

In appellant’s first amended motion for a new trial he contended that a new trial should be granted because of the newly discovered testimony of appellant’s doctor.

There was not attached to said motion an affidavit showing the doctor’s testimony or a showing why said affidavit was not obtained and attached or any evidence adduced on the hearing of the motion, therefore no error is shown.

Appellant’s other informal bills of exception have been carefully reviewed and they do not reflect error.

The evidence being sufficient to sustain the jury’s verdict, the judgment is affirmed.

Opinion approved by the Court.
EXHIBIT32

 

CERTIFICATIONPURSUANT TO

18U.S.C. SECTION1350,

ASADOPTED PURSUANT TO

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of YFC 355 Corp. (the"Company") on Form 10-QSB for the period ended March 31, 2004, asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Anthony N. DeMint, President and Chief AccountingOfficer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

-  The    Report fully complies with the requirements of Section 13(a) or 15(d) of the    Securities Exchange Act of 1934; andThe    information contained in the Report fairly presents, in all material    respects, the financial condition and results of operations of the Company.

/s/Anthony N.DeMint                       

AnthonyN. DeMint

Presidentand Chief Accounting Officer

May 13,2004
#### Jack Thomas SPIVEY, Appellant, v. The STATE of Texas, Appellee.

No. 28549.

Court of Criminal Appeals of Texas.

Oct. 31, 1956.

tío attorney for appellant of record on appeal.

Dan-Walton, Dist. Atty., Eugene Brady and- TJioma-s D. White,. Asst, Dist. Attys., Houston, and Leon B,. - Douglas,. St%te’s Atty., Austin, for the State.

PER CURIAM.

The offense is aggravated assault and battery; the punishment,, a fine of $100.

■The record on appeal contains no statement of facts or bills of exception. . All proceedings appear to he regular and nothing is presented for review. The judgment is affirmed.