alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Revised version of Section V and VI

Lydia Wegman to: Laity, James A., Mancini, Dominic J. 06/01/2010 06:44 PM

Cc:

Scott Mathias, Larry Wallace, Kevin McLean, Sara Schneeberg, 

Anna Wood, Richard Wayland, James Hemby, Steve Page, Janet 

McCabe, Tricia Crabtree, Mike Thrift, Lydia Wegman

Jim and Dom, 

Attached is a revised version of sections V and VI that we believe addresses the comments we discussed 

today. This includes responses to your comments on PSD permitting, use of controls similar to those 

used in nonattainment areas, and section 110(a)(1) plans for attainment and unclassifiable areas. We 

hope this revised version addresses all of the issues in these sections which we discussed today. We 

have also made some changes to address concerns we had and you will find those in redline as well. If 

we need to talk tonight, please call my cell phone at 919-621-3125. Otherwise, we should plan to have a 

discussion as early as possible tomorrow morning. Please let me know the best time for you to talk. 

Thanks.
JOSEPH L. RIVERS

, Appellant,

v.

DEPT. OF CORRECTIONS

, Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 5761

___ __________________________/

Opinion filed May 27, 2015.

An appeal from an order of the Circuit Court for Leon County

. Angela C. Dempsey , Judge

. Joseph L. Rivers, pro se

, Appellant.

Pamela Jo Bondi, Attorney General, and Jamie M. Braun, Assistant Attorn ey General, Tallahassee , for Appellee.

PER CURIAM.

DISMISSED. See Dedge v. Crosby , 914 So. 2d 1055 (Fla. 1st DCA 2005)

(dismissing appeal from an amended order granting amended motion to dismiss

“despite the lower tribunal’s apparent intent” to enter an appealable order). This

dismissal is without prejudice to appellant’s right to file a timely appeal when a

final order has been rendered.

BENTON, CLARK, and MAKAR

, J J

. , CONCUR.
Exhibit 31.2
  CERTIFICATION
  I, Matthew D. Thompson, hereby certify that:
  1.     I have reviewed this Form 10-K/A of American CareSource Holdings, Inc. (the “Company”); and
  2.     Based on my knowledge, this 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 report.
   Date: May 2, 2011/s/ Matthew D. ThompsonMatthew D. ThompsonChief Financial Officer(Principal Financial Officer)
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6645

RASHAD MONTRELL CHATMAN,

Petitioner - Appellant,

v.

DIRECTOR, VIRGINIA DEPARTMENT OF CORRECTIONS,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Rebecca Beach Smith, District 

Judge. (2:09-cv-00465-RBS-TEM)

Submitted: October 14, 2010 Decided: October 21, 2010

Before MOTZ, KING, and DAVIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rashad Montrell Chatman, Appellant Pro Se. Erin M. Kulpa, 

OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Rashad Montrell Chatman seeks to appeal the district 

court’s order adopting in part the recommendation of the 

magistrate judge and denying relief on his 28 U.S.C. § 2254 

(2006) petition. The order is not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1) (2006). A certificate of appealability will 

not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. We have independently reviewed the record 

and conclude that Chatman has not made the requisite showing. 

Accordingly, we deny a certificate of appealability and dismiss 

the appeal. We dispense with oral argument because the facts 

and legal contentions are adequately presented in the materials 
3

before the court and argument would not aid the decisional 

process.

DISMISSED
Exhibit
32.2





CERTIFICATION
OF CEO 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 Victoria Industries, Inc. (the
"Company") on Form 10-Q for the period ended March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Leon
Golden, as a Chief Financial Officer of the Company, certifies, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, to the best of his knowledge, that:





(1)       
The Report fully complies with the requirements of section 13(a) 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.





By: /S/ Leon GoldenLeon
      GoldenCFODate:  May
      15, 2009
##### 



EXHIBIT 32
 COMM BANCORP, INC.
 CERTIFICATION PURSUANT TO  SECTION 1350
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company at the dates and for the periods
covered by the Report.
 Date: March 26, 2008
    
    /s/ William F. Farber, Sr.William F. Farber, Sr.President and Chief Executive Officer
  158




---



##### 



COMM BANCORP, INC.
 CERTIFICATION PURSUANT TO  SECTION 1350
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company at the dates and for the periods
covered by the Report.
 Date: March 26, 2008
    
    /s/ Scott A. SeasockScott A. SeasockExecutive Vice President andChief Financial Officer
  159
I 

112TH CONGRESS 

1ST SESSION H. R. 2167 

To amend the Securities Exchange Act of 1934 to change the threshold 

number of shareholders for required registration under that Act. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2011 

Mr. SCHWEIKERT (for himself, Mr. HIMES, Mr. CANSECO, Mr. QUIGLEY, Mr. 

JONES, Mr. PERLMUTTER, Mrs. BIGGERT, and Mr. ISSA) introduced the 

following bill; which was referred to the Committee on Financial Services 

A BILL 

To amend the Securities Exchange Act of 1934 to change 

the threshold number of shareholders for required registration under that Act. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Private Company 

5 Flexibility and Growth Act’’. 

6 SEC. 2. THRESHOLD FOR REGISTRATION. 

7 Section 12(g)(1)(B) of the Securities Exchange Act 

8 of 1934 (15 U.S.C. 78l(g)(1)(B)) is amended by striking 

9 ‘‘shall—’’ and all that follows through ‘‘register’’ and inVerDate Mar 15 2010 05:45 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2167.IH H2167

rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 2167 IH

1 sert ‘‘shall, within 120 days after the last day of its first 

2 fiscal year ended on which the issuer has total assets ex3 ceeding $10,000,000 and a class of equity security (other 

4 than an exempted security) held of record by 1,000 per5 sons, register’’. 

6 SEC. 3. ACCREDITED INVESTORS AND EMPLOYEES. 

7 Section 12(g)(5) of the Securities Exchange Act of 

8 1934 (15 U.S.C. 78l(g)(5)) is amended by adding at the 

9 end the following: ‘‘For purposes of determining whether 

10 an issuer is required to register a security with the Com11 mission pursuant to paragraph (1), the definition of ‘held 

12 of record’ shall not include securities held by persons who 

13 qualify as accredited investors (as that term is defined by 

14 the Commission) or securities that are held by persons 

15 who received the securities pursuant to an employee com16 pensation plan in transactions exempted from the registra17 tion requirements of section 5 of the Securities Act of 

18 1933.’’. 

19 SEC. 4. COMMISSION RULEMAKING. 

20 The Securities and Exchange Commission shall revise 

21 the definition of ‘‘held of record’’ pursuant to section 

22 12(g)(5) of the Securities Exchange Act of 1934 (15 

23 U.S.C. 78l(g)(5)) to implement the amendment made by 

24 section 2. The Commission shall also adopt safe harbor 

25 provisions that issuers can follow when determining 


rfrederick on DSKD9S0YB1PROD with BILLS
3 

•HR 2167 IH

1 whether holders of their securities are accredited investors 

2 or that holders of their securities received the securities 

3 pursuant to an employee compensation plan in trans4 actions that were exempt from the registration require5 ments of section 5 of the Securities Act of 1933. 

Æ 


rfrederick on DSKD9S0YB1PROD with BILLS
Exhibit 23.1
 
 
 
  Consent of Independent Registered Public Accounting Firm
   
  The Board of Directors
 Parkway Properties, Inc.
 
 We consent to the incorporation by reference in the registration statement (No. 333-156050) on Form S-3, the registration statements (Nos. 333-100565, 333-115286, 333-166922 and 333-134069) on Form S-8, the registration statements (Nos. 333-88861 and 333-00311) on Form S-8 on Form S-3 and the registration statement (No. 333-156051) on Form S-3D of Parkway Properties, Inc. of our reports dated March 4, 2011, with respect to the consolidated balance sheets of Parkway Properties, Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of operations, changes in equity, and cash flows for each of the years in the three-year period ended December 31, 2010, and all related financial statement schedules, and the effectiveness of internal control over financial reporting as of December 31, 2010, which reports appear in the December 31, 2010 annual report on Form 10-K of Parkway Properties, Inc.
 
 /s/ KPMG LLP
 
 Jackson, Mississippi
 March 4, 2011
EXHIBIT 99.1 - ANNUAL FUNDS APPLICATION STATEMENT




                              [LOGO] JPMORGAN


June 30, 2005

     Hartford Life Global Funding Trusts - Annual Funds Application Statement

I, Albert P. Mari, Jr., being a duly appointed officer of JPMorgan Chase Bank,
N.A. ("Paying Agent"), do hereby certify on behalf of the Paying Agent, that,
with respect to Hartford Life Global Funding Trust 2005-010:





         1. I have reviewed and examined the application by the Paying Agent,
during the fiscal year ending June 15, 2005; of trust money collected by the
Paying Agent pursuant to Section 5.02 of the Indenture, pursuant to which the
trust's notes (the "Notes") were issued; and

         2. Based upon my review and examination, to the best of my knowledge,
during such fiscal year, the trust money collected by the Paying Agent was
properly applied, pursuant to Section 5.02 of the Indenture.

         Nothing herein shall constitute a representation as to the proper
application by the registered holder of the Notes or the trust of the trust
monies received by it.



JPMORGAN CHASE BANK, N.A., as Paying Agent
Worldwide Securities Services
4 New York Plaza, 15th Floor
New York, NY 10004


/s/ Albert P. Mari, Jr.


Name:  Albert P. Mari, Jr.
Title: Vice President


<TABLE>
<S><C>
JPMORGAN CHASE BANK o Institutional Trust Services o 4 New York Plaza, Floor 15, New York, NY 10004
</TABLE>
#### GILBERT v. STATE.

No. 26854.

Court of Criminal Appeals of Texas.

Feb. 24, 1954.

No attorney on appeal for appellant., .

■ Wesley Dice, State’s Atty., Austin, for the State. .

*86BELCHER, Commissioner.

The appellant was convicted for the offense of burglary and his punishment was assessed at three years in the penitentiary.

The indictment, as well as all matters of procedure, appears to be regular. The record is before us without a statement of facts or bills of exception, in the absence of which nothing is presented for review.

The judgment of the trial court is affirmed.

Opinion approved by the court
EXHIBIT 32.2





CERTIFICATE PURSUANT TO SECTION 906


OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report on Form 10-Q of PVH Corp. (the “Company”) for the quarterly period ended July 29, 2012 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael Shaffer, Executive Vice President and Chief Operating & Financial Officer of the Company, certify, pursuant to section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:





|    |                                                                                                                      
|--- | ---------------------------------------------------------------------------------------------------------------------
|(i) | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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







Dated:September 6, 2012By:/s/ MICHAEL SHAFFERName:Michael ShafferExecutive Vice President andChief Operating & Financial Officer





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 99.1 - ANNUAL FUNDS APPLICATION STATEMENT




                              [LOGO] JPMORGAN


June 30, 2005

    Hartford Life Global Funding Trusts - Annual Funds Application Statement

I, Albert P. Mari, Jr., being a duly appointed officer of JPMorgan Chase Bank,
N.A. ("Indenture Trustee"), do hereby certify on behalf of the Indenture
Trustee, that, with respect to Hartford Life Global Funding Trust 2005-018:





         1. I have reviewed and examined the application by the Indenture
Trustee, during the fiscal year ending June 15, 2005; of trust money collected
by the Indenture Trustee pursuant to Section 5.02 of the Indenture, pursuant to
which the trust's notes (the "Notes") were issued; and

         2. Based upon my review and examination, to the best of my knowledge,
during such fiscal year, the trust money collected by the Indenture Trustee was
properly applied, pursuant to Section 5.02 of the Indenture.

         Nothing herein shall constitute a representation as to the proper
application by the registered holder of the Notes or the trust of the trust
monies received by it.



JPMORGAN CHASE BANK, N.A., as Indenture Trustee
Worldwide Securities Services
4 New York Plaza, 15th Floor
New York, NY 10004


/s/ Albert P. Mari, Jr.


Name:  Albert P. Mari, Jr.
Title: Vice President


<TABLE>
<S><C>
JPMORGAN CHASE BANK o Institutional Trust Services o 4 New York Plaza, Floor 15, New York, NY 10004
</TABLE>
1... See TEX. R. APP. P. 47.4.

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-08-206-CV

BUILDING TOMORROW’S TALENT, LLC APPELLANTS

AND MATTHEW GAY

V.

DORIS MARIE SIMS AND APPELLEES

SUCCESSION BUILDERS, LLC 

----------

FROM THE 158 DISTRICT COURT OF DENTON COUNTY TH

----------

MEMORANDUM OPINION AND JUDGMENT 1

----------

We have considered the parties’“Joint Motion To Dismiss Appeal.” It is

the court’s opinion that the motion should be granted; therefore, we dismiss the

appeal. See TEX. R. APP. P. 42.1(a)(2), 43.2(f).

Costs of the appeal shall be paid by the party incurring the same, for

which let execution issue. See TEX. R. APP. P. 43.4.

PER CURIAM

PANEL D: MCCOY, J.; CAYCE, C.J.; and LIVINGSTON, J. 

DELIVERED: June 12, 2008
Exhibit 99.1
                                                                    ------------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWALT, INC.
                         ALTERNATIVE LOAN TRUST 2005-2
               MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-2


      The undersigned do hereby certify that they are each an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(a "Master Servicer"), and do hereby further certify pursuant to Section 3.16
of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under our supervision; and

(ii) To the best of our knowledge, based on such review, the Master Servicer
has fulfilled all its obligations under the Agreement throughout such year.




/s/ Craig Baingo                                      Dated: March 27, 2006
----------------

CRAIG BAINGO
EXECUTIVE VICE PRESIDENT



/s/ Kevin Meyers                                      Dated: March 27, 2006
----------------

KEVIN MEYERS
MANAGING DIRECTOR, CHIEF FINANCIAL
OFFICER, LOAN ADMINISTRATION
#### Floyd F. TYDLACKA, Appellant, v. Sophia M. TYDLACKA, Appellee.

No. 12844.

Court of Civil Appeals of Texas. San Antonio.

March 23, 1955.

Paul D. Little, Corpus Christi, for appellant.

Joe P. Hatchitt, Corpus Christi, for ap-pellee.

PER CURIAM.

Appellee, Sophia M. Tydlacka, has filed a motion to dismiss this appeal because the record was not filed in this Court within the sixty-day period required by Rule 386, T.R.C.P.

There seems to be no dispute as to the facts. Appellant’s motion for a new trial was overruled by operation of law on November 19, 1954, and thus the last day for filing the record in this Court was January 18, 1955. The record was filed here on January 19, 1955, one day late, according to Rule 386, supra. The trail-*160script contained an order purporting to overrule the motion for new trial on December 3, 1954, which no doubt misled the Clerk of this Court into filing the record., Appellee’s motion to dismiss was filed on March 11, 1955, which was more than thirty-days after the filing of the record, and thus appellee waived such matters with reference to the filing of the record as may properly be waived.

> Rule 405, T.R.C.P., provides:

> “Motions to dismiss for want -of jurisdiction to try the case and for such defects as defeat the jurisdiction in the particular case and cannot be waived shall also be made, filed and docketed, at said time; provided, however, if made afterwards they may be entertained by the court upon such terms as the court may deem . just and proper.”

 It is well settled law'in this State that the filing of the record within the time prescribed by Rule 386, or the filing of a' motion for an enlargement of such time within the time allowed, is mandatory and jurisdictional, and where there is a failure to comply with these provisions, jurisdiction of the Court of Civil Appeals is defeated. Walker v. Cleere, 171 S.W.2d 151, certified question answered by the Supreme Court, 141 Tex. 550, 174 S.W.2d 956, 958. In that case Chief Justice Alexander, speaking for the Supreme Court, said:

> “We hold that the filing of the record in the Court of Civil Appeals within' the time fixed by Rule 385 is jurisdictional, and that compliance therewith was not waived by the failure to file a motion to dismiss or strike the record within thirty days after the 'filing thereof.”

It is true that Rule 385, T.R.C.P., was there involved, but the same principle must necessarily apply to Rule 386, supra.

Appellant calls our attention to the fact that he placed the record in the U. S.. Mail on the sixtieth day, but this does not help the situation. Rule No. 5, T.R.C.P., provides that where the' United States Mail is used, the record must be placed therein at least one day before the last day of filing.

The motion will be granted and the attempted appeal dismissed.
----

**GCCF**

*Series      2005-GG3*

| i.                                | A                  review of the activities of GMAC Commercial Mortgage Corporation                  as                  Master Servicer during the period, and of its performance under this                  Trust and Servicing Agreement, has been made under my                  supervision.                                                                                                                                                                                                                 |
|-----------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| ii.      | To                  the best of my knowledge, based on such review, GMAC Commercial                  Mortgage Corporation as Master Servicer, has fulfilled in all                  material respects its obligations under this Pooling and Servicing                  Agreement throughout the period.                                                                                                                                                                                                                |
| iii.                              | GMAC                  Commercial Mortgage Corporation, as Servicer, has received no                  notice regarding qualifications, or challenging the status, of any                  REMIC Pool as a REMIC or the status of either Grantor Trust Pool as a                  Grantor Trust or otherwise asserting a tax on the income or assets of                  any portion of the Trust Fund from the Internal Revenue Service or                  any other governmental agency or                  body. |

**Inv.      794 **

----