alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal State of Florida Opinion filed October 12, 2022. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-1470 Lower Tribunal No. 20-4141

________________ 

### Carlos Montiel, et al. , Appellants,
vs. 

### Francisco Aracena, et al. ,

Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Alan Fine, Judge. Dorothy G. Negrin, P.A., and Dorothy G. Negrin, for appellants. Law Offices of Jonathan A. Heller, P.A., and Jonathan A. Heller, for appellee Above Ground Level Aerospace Corp. Before SCALES, HENDON and BOKOR, JJ. PER CURIAM. Affirmed.
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

In connection with the quarterly report of Energy Transfer Partners, L.P. (the Partnership) on Form 10-Q
for the quarter ended May 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ray C. Davis, Co-Chief Executive Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 Partnership.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: July 10, 2007



/s/ Ray C. DavisRay C. DavisCo-Chief Executive Officer


*A signed original of this written statement required by 18 U.S.C. Section 1350 has been provided to
and will be retained by Energy Transfer Partners, L.P.



---

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

In connection with the quarterly report of Energy Transfer Partners, L.P. (the Partnership) on Form 10-Q
for the quarter ended May 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kelcy L. Warren, Co-Chief Executive Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 Partnership.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Date: July 10, 2007



/s/ Kelcy L. WarrenKelcy L. WarrenCo-Chief Executive Officer


*A signed original of this written statement required by 18 U.S.C. Section 1350 has been provided to
and will be retained by Energy Transfer Partners, L.P.
#### WILLIAMS v. STATE (2 cases).

Nos. 15695, 15696.

Court of Criminal Appeals of Texas.

Nov. 9, 1932.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CALHOUN, J.

The offense, the unlawful possession of intoxicating liquor for the purpose of sale; the punishment, one year in the penitentiary.

The record fails to show that any notice of appeal was given, without proper notice Of appeal, this court is without jurisdiction. Article 827, C. O. P. 1925; Hollifield v. State, 111 Tex. Cr. R. 93, 10 S.W.(2d) 101; Sandoval v. State, 106 Tex. Cr. R. 468, 293 S. W. 168.

The appeal is dismissed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.

HAWKINS, J., not sitting.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          AUG-28-1999
<PERIOD-START>                             AUG-30-1998
<PERIOD-END>                               AUG-28-1999
<CASH>                                         934,073
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                 30,563,118
<CURRENT-ASSETS>                            33,063,450
<PP&E>                                      15,480,886
<DEPRECIATION>                              10,990,934
<TOTAL-ASSETS>                              37,869,014
<CURRENT-LIABILITIES>                       15,765,277
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        48,378
<OTHER-SE>                                  22,055,359
<TOTAL-LIABILITY-AND-EQUITY>                37,869,014
<SALES>                                     94,780,965
<TOTAL-REVENUES>                            94,780,965
<CGS>                                       60,866,108
<TOTAL-COSTS>                               94,029,458
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              83,184
<INCOME-PRETAX>                                668,323
<INCOME-TAX>                                   266,700
<INCOME-CONTINUING>                            401,623
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   401,623
<EPS-BASIC>                                        .08
<EPS-DILUTED>                                      .08


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUN-30-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                         227,644
<INT-BEARING-DEPOSITS>                       7,065,742
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                       6,631,321
<INVESTMENTS-MARKET>                         6,603,427
<LOANS>                                     19,327,018
<ALLOWANCE>                                    147,146
<TOTAL-ASSETS>                              34,161,010
<DEPOSITS>                                  26,156,878
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            319,954
<LONG-TERM>                                    621,558
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   7,062,620
<TOTAL-LIABILITIES-AND-EQUITY>              34,161,010
<INTEREST-LOAN>                              1,253,676
<INTEREST-INVEST>                              329,072
<INTEREST-OTHER>                               243,560
<INTEREST-TOTAL>                             1,826,308
<INTEREST-DEPOSIT>                           1,085,386
<INTEREST-EXPENSE>                           1,112,556
<INTEREST-INCOME-NET>                          713,752
<LOAN-LOSSES>                                    9,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                596,886
<INCOME-PRETAX>                                219,838
<INCOME-PRE-EXTRAORDINARY>                     219,838
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   141,238
<EPS-PRIMARY>                                      .32
<EPS-DILUTED>                                      .31
<YIELD-ACTUAL>                                    6.89
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                               144,146
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                              147,146
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        147,146
        

</TABLE>
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

THINK COMPUTER CORPORATION,

Appellant

v.

SQUARE, INC.,

Appellee

______________________ 

2016-1818

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. CBM2014-

00159.

______________________ 

JUDGMENT

______________________ 

ISAAC PHILIP RABICOFF, Rabicoff Law LLC, Chicago, 

IL, argued for appellant.

 STEFANI E. SHANBERG, Morrison & Foerster LLP, San 

Francisco, CA, argued for appellee. Also represented by 

ROBIN L. BREWER, EUGENE MARDER. 

______________________ 

THIS CAUSE having been heard and considered, it is
 

ORDERED and ADJUDGED: 

 PER CURIAM (NEWMAN, O’MALLEY, and STOLL, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 July 24, 2017 /s/ Peter R. Marksteiner 

 Date Peter R. Marksteiner

 Clerk of Court
EXHIBIT 4.1

                                    AGREEMENT

     This  Agreement is made as of June 27, 2003, by and between EP  MedSystems,
Inc.  (the  "Company"),   a  New  Jersey  corporation,   and  Anthony  Varrichio
("Varrichio"), a Texas resident.

     Whereas,  the Company  executed a Mortgage  Note in favor of  Varrichio  as
holder of said note, dated November 21, 2002 (the "Mortgage Note"),

     Whereas, the parties hereto desire to convert a the remaining amount of the
outstanding principal amount of the Mortgage Note into shares of Common Stock of
the Company,

         Now, therefore, the Company and Varrichio hereby agree as follows:

1.       Varrichio hereby converts the remaining $187,500 principal amount
         payable to him under the Mortgage Note into 87,617 shares of the
         Common Stock of the Company.

2.       The Conversion Date is June 27, 2003.

3.       As soon as practicable, the Company shall deliver to Varrichio a
         certificate representing the 87,617 shares of the Company's Common
         Stock, but no later than 45 days after the Conversion Date.

4.       The principal amount of the Mortgage Note shall be reduced by $187,500
         to $0 upon issuance of the shares.

5.       With the full principal amount of the outstanding Mortgage Note
         converted into shares of the Company's common stock, the principal
         amount of the Mortgage Note is deemed to be paid in full, and accrued
         interest shall be paid in accordance with the terms of the Mortgage
         Note.

6.       As soon as practicable, Varrichio will remove all liens associated
         with the mortgage.

7.       Promptly upon execution of this Agreement by the Company, and payment
         of accrued and unpaid interest thereon Varrichio shall return the
         original Mortgage Note to the Company for cancellation.

8.       The Company agrees to cause the registration of the 87,617 shares of
         the Company's Common Stock Issued to Varrichio pursuant to the terms of
         this Agreement as well as the 150,000 shares issued under the previous
         mortgage conversion, at the time shares held by other shareholders are
         registered on the Company's next registration statement on Form S-3,
         but no later than 90 days from the Conversion Date.

9.       The Company represents that it has full corporate authority to enter
         into this Agreement and issue the shares of the Company's Common Stock
         referred to above.

         In Witness Whereof, the parties have executed this agreement as of the
 date first above written.

                              By:      EP MedSystems, Inc.


/s/ Anthony Varrichio
Anthony  Varrichio                     /s/ Reinhard Schmidt
                                       Name:  Reinhard Schmidt
                                       Title:  Chief Executive Officer and
                                                and President
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                           2,218
<SECURITIES>                                    18,069
<RECEIVABLES>                                      174
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                20,685
<PP&E>                                           8,747
<DEPRECIATION>                                   7,482
<TOTAL-ASSETS>                                  27,129
<CURRENT-LIABILITIES>                            5,753
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      9,682
<COMMON>                                       137,982
<OTHER-SE>                                   (126,830)<F1>
<TOTAL-LIABILITY-AND-EQUITY>                    27,129
<SALES>                                              0
<TOTAL-REVENUES>                                 3,437
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 8,586<F2>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (486)
<INCOME-PRETAX>                                (4,663)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,663)
<DISCONTINUED>                                   1,483<F3>
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,180)
<EPS-PRIMARY>                                   (0.08)
<EPS-DILUTED>                                   (0.08)
<FN>
<F1>CONSISTS OF ACCUMULATED DEFICIT AND ACCUMULATED OTHER COMPREHENSIVE INCOME.
<F2>CONSISTS OF RESEARCH AND DEVELOPMENT, AND GENERAL AND ADMINISTRATIVE EXPENSES.
<F3>CONSISTS OF INCOME FROM DISCONTINUED OPERATIONS AND EQUITY IN LOSS OF
AFFILIATE, NET OF GAIN ON PARTIAL SALE.
</FN>
        

</TABLE>
file:///C|/Documents%20and%20Settings/aassem01/Desktop/For%20Rendering/EPA-HQ-OAR-2008-0708-DRAFT-0322.txt

-----Forwarded by Melanie King/RTP/USEPA/US on 02/15/2010 09:25PM -----

To: Cortney_Higgins@omb.eop.gov 

From: Melanie King/RTP/USEPA/US 

Date: 02/04/2010 11:43PM 

cc: wayland.robertj@epa.gov, horowitz.michael@epa.gov 

Subject: basis for estimate of rural diesel engines

Cortney,

One of the things that Kevin asked for in the call today is the basis for the assumption that 

17% of diesel engines are located in rural areas. As we've discussed, EPA doesn't have 

information on the location of every diesel engine in the country. In order to estimate the 

percentage of engines in rural areas, we used facility information from EPA's National 

Emissions Inventory. My contractor took the facilities with engines from the NEI and 

designated them as being located in either an Urban-1 (U1) area, an Urban-2 (U2) area, or a 

rural area based on the latitude/longitude of the facility. The U1/U2 classifications for urban 

areas come from EPA's Urban Air Toxics Strategy and are defined as follows:

U1: counties that include a metropolitan statistical area (MSA)with a population greater than 

250,000

U2: counties that do not include a MSA with a population greater than 250,000, but the 

Bureau of Census designates more than 50 percent of the county population as urban

The attached spreadsheet provides the engine counts by fuel type and shows how the 

estimate was made that 17% of the diesel engines were in rural areas.

Melanie King 

Energy Strategies Group 

Sector Policies and Programs Division 

Office of Air Quality Planning and Standards 

U.S. Environmental Protection Agency 

Mail Code D243-01 

RTP, NC 27711 

Phone: (919) 541-2469 

Fax: (919) 541-5450 

king.melanie@epa.gov

file:///C|/Documents%20and%20Settings/aassem01/Desktop/For%20Rendering/EPA-HQ-OAR-2008-0708-DRAFT-0322.txt2/19/2010 12:50:38 PM
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 In
connection with the Quarterly Report of Trimol Group, Inc. (the Company) on
Form 10-Q for the period ended March 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the Report), the undersigned Chief
Executive Officer of the Company hereby certifies, 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 as
of and for the periods covered in the Report. No
purchaser or seller of securities or any other person shall be entitled to rely
upon the foregoing certification for any purpose. The undersigned expressly
disclaims any obligation to update the foregoing certification except as
required by law. /s/ Yuri
 BenensonYuri
 BenensonChief
 Executive OfficerTRIMOL
 GROUP, INC. May 15, 2008 22
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-1085

EWART ULRIC VANDECRUIZE, a/k/a Ewart Vandercruize,

Petitioner,

v.

LORETTA E. LYNCH, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: June 30, 2015 Decided: July 8, 2015

Before MOTZ, KING, and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Luis C. Diaz, LAW OFFICES OF JAY S. MARKS, LLC, Silver Spring, 

Maryland, for Petitioner. Benjamin C. Mizer, Principal Deputy

Assistant Attorney General, Derek C. Julius, Senior Litigation 

Counsel, Benjamin Mark Moss, Office of Immigration Litigation, 

UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for 

Respondent.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ewart Ulric Vandecruize, a native and citizen of Guyana,

petitions for review of an order of the Board of Immigration 

Appeals (“Board”) denying his motion to reopen. We have 

reviewed the administrative record and Vandecruize’s claims and 

find no abuse of discretion. See INS v. Doherty, 502 U.S. 314, 

323-24 (1992) (setting forth standard of review). Accordingly, 

we deny the petition for review for the reasons stated by the

Board. See In re: Vandecruize (B.I.A. Dec. 22, 2014). 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.

PETITION DENIED
**Exhibit 10.12.2**

SECOND AMENDMENT TO AMENDED AND RESTATED MANAGEMENT 

PERFORMANCE COMPENSATION PLAN 

The following section of the AnnTaylor Stores Corporation Management Performance Compensation Plan (“ATIP”) is hereby amended and restated,effective as of March 5, 2009, to read as follows: 

“2(i) “Performance Compensation” means the cashamount payable to a Participant pursuant to this Plan; provided that the Committee may determine from time to time that all or a portion of amounts payable to a Participant or Participants pursuant to the Plan shall be made in the form of shares ofthe Company’s common stock reserved for issuance under the Company’s 2003 Equity Incentive Plan, as amended, or any successor plan that has been approved by the Company’s shareholders.” 

Except as set forth above, ATIP is hereby ratified and affirmed in all respects.
APSC Staff 4-18

Attachment 1

Page 1 of 1

Generating Unit MW In-Service SCR Type Project Cost ($M) (1)

AMOS1 800 2004 SCR 140.1

AMOS2 800 2005 SCR 155.3

CONESVILLEV4 780 2009 SCR 45.4

MITCHELL1 800 2007 SCR

MITCHELL2 800 2007 SCR

MUSKINGUM RIVER5 600 2005 SCR 90.4

STUART1 600 2004 SCR

STUART2 600 2004 SCR

STUART3 600 2004 SCR

STUART4 600 2004 SCR

ZIMMER 1,300 2004 SCR 33.4

Total: 8,280

(1). Dollars are total cost including overheads and AFUDC.

AEP's 8,200 MW Installed SCR Controls

 Since 2004

 292.4

 47.6
**Exhibit 32.1**

**CERTIFICATION PURSUANTTO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with thisQuarterly Report of UnionBanCal Corporation (the “Company”) on Form 10-Q for the quarter ending September 30,2006 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Takashi Morimura, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

(1)          The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

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

Dated:  November 7,2006

|        | By:      | /s/ TAKASHI MORIMURA       |
|--------|----------|----------------------------|
|   |     | Takashi Morimura           |
|   | * * | *Chief  Executive Officer* |

 

----