alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 1450** 

SIDNEY B. HARR , Plaintiff

- Appellant ,
v. RICHARD H. BRODHEAD; DAVID F. LEVI; DUKE UNIVERSITY , Defendants

- Appellees
.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro
. Thomas David Schroeder , District Judge. ( 1:11

- cv - 00263

- TDS

- JEP )

Submitted : July 26, 2012 Decided: August 1, 2012

Before MOTZ, DAVIS, and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion
. Sidney B. Harr, Appellant Pro Se. Dixie Thomas Wells, ELLIS & WINTERS, LLP, Greensboro, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Sidney B. Harr appeals the district court’s order adopting the magistrate judge’s recommendation to grant Defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss his complaint alleging Defendants violated his civil rights. We have reviewed the r ecord and find no reversible error. Accordingly, we deny Harr’s motion to schedule oral argument and affirm the district court’s judgment. See Harr v. Bro dhead , No. 1:11

- cv - 00263

- TDS

- JEP (M.D.N.C. March 5, 2012). We dispense with oral argument because t he facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   6-MOS                   YEAR
<FISCAL-YEAR-END>                          MAR-31-2000             MAR-31-1999
<PERIOD-START>                             APR-01-1999             APR-01-1998
<PERIOD-END>                               SEP-30-1999             MAR-31-1999
<CASH>                                           2,131                   1,761
<SECURITIES>                                     1,256                   4,619
<RECEIVABLES>                                      107                   1,305
<ALLOWANCES>                                         0                     555
<INVENTORY>                                          0                     584
<CURRENT-ASSETS>                                 3,572                   7,834
<PP&E>                                           1,187                   1,006
<DEPRECIATION>                                     623                     505
<TOTAL-ASSETS>                                   4,174                   8,867
<CURRENT-LIABILITIES>                            1,142                     949
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            84                      82
<OTHER-SE>                                       2,948                   7,835
<TOTAL-LIABILITY-AND-EQUITY>                     4,174                   8,867
<SALES>                                              3                   1,127
<TOTAL-REVENUES>                                   276                   1,673
<CGS>                                                0                   1,417
<TOTAL-COSTS>                                      200                   1,600
<OTHER-EXPENSES>                                 5,599                   9,551
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                (5,523)                 (9,270)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                            (5,523)                 (9,270)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (5,523)                 (9,270)
<EPS-BASIC>                                      (.66)                  (1.17)
<EPS-DILUTED>                                        0                       0


</TABLE>
**EXHIBIT 23**

| **BDO Seidman, LLP**      Accountants and Consultants | 330 Madison Avenue      New York, New York 10017      Telephone: (212) 885-8000      Fax: (212) 697-1299 |
|-------------------------------------------------------|----------------------------------------------------------------------------------------------------------|

 

**Consent of Independent Registered Public Accounting Firm**

 

Jones Apparel Group, Inc.New York, New York

We hereby consent to the incorporation by reference in the RegistrationStatements on Form S-8 filed on May 15, 1996, June 16, 1999, August 23, 1999,August 2, 2001, June 12, 2003, June 2, 2004 and June 3, 2005 of our reportsdated February 19, 2008, relating to the consolidated financial statements andfinancial statement schedule, and the effectiveness of Jones Apparel Group, Inc.internal control over financial reporting, which appear in this Annual Report onForm 10-K for the year ended December 31, 2007.

New York, New YorkFebruary 19, 2008
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00374-CV

IN THE INTEREST OF M.A. III, J.E.A., F.E.A., F.A.A., R.L., Jr., and B.J.L.

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2019-PA-02352

Honorable Peter A. Sakai, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: December 1, 2021

DISMISSED FOR LACK OF JURISDICTION

On August 4, 2021, the trial court signed a final judgment terminating appellant’s parental 

rights to her children. Because this is an accelerated appeal, the notice of appeal was due to be 

filed on August 24, 2021. See TEX. R. APP. P. 4.1(a), 26.1(b), 28.4. A motion for extension of 

time to file the notice of appeal was due to be filed on September 8, 2021. See id. R. 26.3. On 

September 1, 2021, appellant filed her notice of appeal. Although appellant filed a notice of appeal 

within the fifteen-day grace period allowed by Rule 26.3, she did not file a motion for extension 

of time.

A motion for extension of time is necessarily implied when an appellant, acting in good 

faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fifteen-day grace 

period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 
04-21-00374-CV

- 2 -

959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, the appellant 

must offer a reasonable explanation for failing to file the notice of appeal in a timely manner. See 

id.; TEX. R. APP. P. 26.3, 10.5(b)(1)(C); see also Hone v. Hanafin, 104 S.W.3d 884, 886–87 (Tex. 

2003) (holding “a reasonable explanation” is any plausible statement of circumstances indicating 

that failure to timely file was not deliberate or intentional but was the result of inadvertence, 

mistake or mischance, and that “any conduct short of deliberate or intentional noncompliance 

qualifies as inadvertence, mistake or mischance”) (citation omitted). This court ordered appellant 

to show cause in writing by September 24, 2021, why this appeal should not be dismissed for lack 

of jurisdiction. We advised appellant that failure to respond timely would result in dismissal of 

this appeal. See TEX. R. APP. P. 42.3(c). Additionally, on October 8, 2021, and on October 25, 

2021, a deputy clerk of this court contacted the office of appellant’s counsel and advised of our 

show-cause order. Appellant did not file a response.

Accordingly, because appellant did not provide a reasonable explanation for failure to file 

a timely notice of appeal, this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 26.3, 

10.5(b)(1)(C), 42.3(b), (c); Verburgt, 959 S.W.2d at 615.

PER CURIAM
Exhibit 32.2



CERTIFICATION OF MICHAEL A. STEIN 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 annual report of ICOS Corporation (the Company) on Form 10-K for the period ended December 31, 2005, as filed with the
Securities and Exchange Commission (the Report), I, Michael A. Stein, 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                                 
|-------------------------------------------------
|Date: March 7, 2006                              
|                                                 
|/s/ MICHAEL A. STEIN                             
|Michael A. Stein                                 
|Senior Vice President and Chief Financial Officer
II 

115TH CONGRESS 

1ST SESSION S. 2156 

To amend title XVIII of the Social Security Act to provide for fairness 

in hospital payments under the Medicare program. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2017 

Mrs. MCCASKILL (for herself and Mr. BURR) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To amend title XVIII of the Social Security Act to provide 

for fairness in hospital payments under the Medicare 

program. 

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 ‘‘Hospital Payment 

5 Fairness Act of 2017’’. 

6 SEC. 2. SUNSET OF MEDICARE HOSPITAL PAYMENT PROVI7 SION. 

8 Section 3141 of the Patient Protection and Afford9 able Care Act (42 U.S.C. 1395ww note) is amended by 


daltland on DSK30NT082PROD with BILLS
2 

•S 2156 IS

1 inserting ‘‘and before April 1, 2018,’’ after ‘‘October 1, 

2 2010,’’. 

Æ 


daltland on DSK30NT082PROD with BILLS
<TABLE> <S> <C>


<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           4,785
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 3,630
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     45,220
<INVESTMENTS-CARRYING>                           7,505
<INVESTMENTS-MARKET>                             7,662
<LOANS>                                         89,871
<ALLOWANCE>                                      1,043
<TOTAL-ASSETS>                                 156,549
<DEPOSITS>                                     130,025
<SHORT-TERM>                                     2,689
<LIABILITIES-OTHER>                              1,486
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,829
<OTHER-SE>                                      20,520
<TOTAL-LIABILITIES-AND-EQUITY>                 156,549
<INTEREST-LOAN>                                  5,861
<INTEREST-INVEST>                                2,213
<INTEREST-OTHER>                                   285
<INTEREST-TOTAL>                                 8,359
<INTEREST-DEPOSIT>                               3,692
<INTEREST-EXPENSE>                               3,723
<INTEREST-INCOME-NET>                            4,636
<LOAN-LOSSES>                                       62
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  3,128
<INCOME-PRETAX>                                  2,146
<INCOME-PRE-EXTRAORDINARY>                       2,146
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,613
<EPS-PRIMARY>                                     0.88
<EPS-DILUTED>                                     0.87
<YIELD-ACTUAL>                                    4.66
<LOANS-NON>                                        181
<LOANS-PAST>                                       119
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 1,106
<CHARGE-OFFS>                                      170
<RECOVERIES>                                        45
<ALLOWANCE-CLOSE>                                1,043
<ALLOWANCE-DOMESTIC>                             1,043
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        


</TABLE>
```
**EXHIBIT 12**
```

```
                        JONES APPAREL GROUP, INC.
            COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                            (In millions)

                                          Year Ended December 31,
                                   ------------------------------------
                                       2006          2005          2004
                                   --------      --------      --------

(Loss) income before income taxes.  $(199.5)       $425.3        $482.9
                                   --------      --------      --------
Fixed charges
  Interest expense and
    amortization of
    financing costs...............     58.2          76.2          51.2
  Portion of rent expense
    representing interest.........     53.1          50.1          40.8
                                   --------      --------      --------
Total fixed charges...............    111.3         126.3          92.0
                                   --------      --------      --------
(Loss) income before income taxes
  and fixed charges...............  $ (88.2)       $551.6        $574.9
                                   ========      ========      ========
Ratio of earnings to
  fixed charges...................      N/A           4.4           6.2
                                   ========      ========      ========
```
#### WOODARD et al. v. LONG.

No. 12810.

Court of Civil Appeals of Texas. Fort Worth.

April 1, 1933.

Rehearing Denied May 6, 1933.

T. R. Boóne and E. T. D,uff, both of Wichita , Falls, for appellants.

John Davenport, of Wichita Falls, for ap-pellee.

LATTIMOEE, Justice.'

Appellee Long sued appellants Woodard, as principal, and Reece S. Allen and John O’Neil, as sureties, on a note. The petition alleged the rate of interest without in connection therewith -alleging when interest began. The prayer prayed for interest from the date of the note. We believe the special exception thereto directed for failure to directly allege the date interest began was good and should have been sustained, though if that were the only error in the record we would hesitate to declare it reversible.

The petition nowhere alleged any facts showing that the liability of the sureties had been fixed as prescribed by articles 5937 and 5938, Rev. St. 1925. Against this petition a general demurrer by sureties is good, and being urged in this case should have been sustained according to the following authorities: First Nat. Bank v. Lee County Cotton Oil Co. (Tex. Com. App.) 274 S. W. 127; Wardlaw v. Farmers’ & Merchants’ Bank Co. (Tex. Com. App.) 34 S.W.(2d) 419; First State Bank v. Ovalo Warehouse Ass’n (Tex. Civ. App.) 276 S. W. 773; Howth v. J. I. Case Threshing Mach. Co. (Tex. Civ. App.) 280 S. W. 238. We need not discuss the matter further.

The cause is reversed and remanded to the trial court. ,

On Motion for Rehearing.

The judgment for appellee against the principal Woodard was correct. The latter’s liability to appellee is complete and distinct from that of the appellant sureties. When this ease reaches the trial court again, Woodard is in court without further citation as to the cross-action of the sureties.

Appellee’s motion for rehearing is granted, the judgment reversing the same as to appellant Woodard is set aside, and the judgment of the trial court against Woodard is affirmed. The judgment of appellee against the surety appellants and the judgment in favor of the sureties over against Woodard is reversed and remanded to the trial court.
### THE THIRTEENTH COURT OF APPEALS

13

- 18

- 00194

- CR

Julio Antonio Pelayo

v. The State of Texas

On a ppeal from the 319th District Court of Nueces County , Texas Trial Cause No. 16CR2761

- G

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this c ause on appeal, concludes that the judgment of the trial court should be affirmed . The Court
orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance.
January 16 , 2020
**Exhibit 32**

 

**CERTIFICATIONOFCHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICERDUPONT PHOTOMASKS, INC.**

 

I, Marshall C. Turner, Chief Executive Officer of DuPont Photomasks,Inc. (the “Company”), pursuant to 18 U.S.C. Section 1350 as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, in connection with theaccompanying Quarterly Report on Form 10-Q (the “Report”) for the quarter endedMarch 31, 2004, as filed with the United States Securities and ExchangeCommission, do hereby certify that to my knowledge:

 

1.               The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities and Exchange Act of1934; and

 

2.                 The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company inrespect of those items required to be described or presented in such Reportunder Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934.

 
| /s/ MARSHALL C. TURNER  |   |
|-------------------------|--------|
| Marshall C. Turner      |
| Chief Executive Officer |
|                    |
| Date: May 12, 2004      |

 

A signed original of this written statement required by Section 906 hasbeen provided to DuPont Photomasks, Inc. and will be retained by DuPontPhotomasks, Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

I, Satish Rishi, Chief Financial Officer of DuPont Photomasks, Inc.(the “Company”), pursuant to 18 U.S.C. Section 1350 as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, in connection with theaccompanying Quarterly Report on Form 10-Q (the “Report”) for the quarter endedMarch 31, 2004, as filed with the United States Securities and ExchangeCommission, do hereby certify that to my knowledge:

 

1.                 The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities and Exchange Act of1934; and

 

2.                 The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company in respect of those items required to bedescribed or presented in such Report under Section 13(a) or Section 15(d) ofthe Securities Exchange Act of 1934.

 
| /s/ SATISH RISHI        |   |
|-------------------------|--------|
| Satish Rishi            |
| Chief Financial Officer |
|                    |
| Date: May 12, 2004      |

 

A signed original of this written statement required by Section 906 hasbeen provided to DuPont Photomasks, Inc. and will be retained by DuPontPhotomasks, Inc. and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

----
****Exhibit 32.1****

 

Certification by Jeffrey Siegel, Chief Executive Officer and President, and Laurence Winoker, Senior Vice President – Finance, Treasurer and Chief Financial Officer, Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

 

I, Jeffrey Siegel, Chief Executive Officer and President, and I, Laurence Winoker, Senior Vice President – Finance, Treasurer and Chief Financial Officer, of Lifetime Brands, Inc., a Delaware corporation (the “Company”), each hereby certifies that:

 

|   | (1) | The Company’s Annual report on Form 10-K for the year ended December 31, 2008 (the “Form 10-K”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | (2) | The information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------|

 

| /s/ Jeffrey Siegel                                  | /s/ Laurence Winoker                                                                 |
|-----------------------------------------------------|--------------------------------------------------------------------------------------|
| Jeffrey SiegelChief Executive Officer and President | Laurence WinokerSenior Vice President- Finance, Treasurerand Chief Financial Officer |
| Date: March 31, 2009                                | Date: March 31, 2009                                                                 |

 

A signed original of this written statement required by Section 1350 has been provided to Lifetime Brands, Inc. and will be retained by Lifetime Brands, Inc. and furnished to the Securities and Exchange Commission or its staff, upon request.
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-30967

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus CHRISTOPHER KINGSLEY, aka KEG,

Defendant-Appellant.

No. 98-31223

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus MARCO ROGERS,

Defendant-Appellant.

Appeal from the United States District Court for the Western District of Louisiana

(97-CR-50079)

August 9, 1999

Before EMILIO M. GARZA and PARKER, Circuit Judges, and FITZWATER*, District Judge.

PER CURIAM.**

AFFIRMED. See 5 TH C IR

. R. 47.6.

*District Judge of the Northern District of Texas, sitting by designation.

* *Pursuant to 5th Cir. 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.