alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Local Rule 47.5 provides: “The publication of opinions that have

no precedential value and merely decide particular cases on the

basis of well-settled principles of law imposes needless expense on

the public and burdens on the legal profession.” Pursuant to that

Rule, the Court has determined that this opinion should not be

published. UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 95-20305

Summary Calendar

THOMAS G. MOORE,

Plaintiff-Appellant,

VERSUS

SHIRLEY S. CHATER, Department

of Health & Human Services,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Texas

(CA-H-94-3118)

(September 25, 1995)

Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: 1

Thomas Moore appeals the district court’s grant of summary

judgment in favor of the Commission er affirming the denial of

Moore’s application for disability insurance benefits. We affirm.2

The ALJ rejected Appellant’s claim at the fifth step of the

well-known sequential process (the impairment prevents the claimant

from doing any other substantial gainful work which exists in the

national economy). 42 U.S.C. § 432(d)(2)(A); S elders v. Sullivan

,

914 F.2d 614, 618 (5th Cir. 1990). The ALJ found that Moore

retained the residual functional capacity to perform medium work.

Moore argues that the ALJ’s conclusion is in conflict with the

finding that Moore could not stand or walk more than four hours per

day. Moore relies on Social Security Ruling 83-10, the “Vocational

Expert’s Handbook” published by the Departmen t of Labor, which

states that “a full range of medium work requires standing or

walking, off and on, for a total of approximately six hours in an

eight hour day. . . .” We construe this as a contention that the

record does not contain substantial evidence supporting the

decision.

The flaw in Appellant’s argument is that the ALJ did not find

that Moore could perform a full range of medium work. He found

that Moore could perform medium work subject to the s pecific

limitation that he stand or walk no more than four hours per day,

limited to one hour at a time. The vocational expert was presented

with a hy pothetical question describing precisely all of Moore’s

limitat ions and he testified that Moore could perform as a

production line welder, production worker, food preparer, assembler

i n any industry, or a marker in any industry, and tha t these

positions existed “by the many thousands” in the national economy,

but were “limited to the hundreds per job” in the regional economy.3

Since Moore does not challenge the ALJ’s findings relating to his

limitations, the ALJ was correct in relying on the expert’s

t estimony that, subject to those specific limitations, Moore was

capable of performing relevant work available in the workplace.

AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4771-DR; Docket ID FEMA-2024-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of New Hampshire (FEMA-4771-DR), dated April 19, 2024, and related determinations.

# DATES:

This change occurred on August 12, 2024.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) hereby gives notice that pursuant to the authority vested in the Administrator, under Executive Order 12148, as amended, Robert V. Fogel, of FEMA is appointed to act as the Federal Coordinating Officer for this disaster.

This action terminates the appointment of William F. Roy as Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Deanne Criswell,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2024-20508 Filed 9-10-24; 8:45 am]

BILLING CODE 9111-23-P
### NUMBER 13

- 13

- 00 345

- CR



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

STATE OF TEXAS, Appellant,

v.

MICHAEL CLACK

, Appellee.

On a ppeal from the 28 th District Court

of Nueces County, Texas.



## ORDER

Before Justices Benavides, Perkes , and Longoria

Order Per Curiam

This cause is before the Court on appellee’s unopposed motion to lift stay. On

July 16, 2013, the Court granted the State’s motion for stay and ordered the trial court’s

proceedings stayed pending disposition of the State’s appeal. See T EX

. C ODE C RIM

.

P ROC

. A NN

. § 44.01(a)(5), (e) (Vernon Supp. 2 007).2 The Court, having examined and fully considered the motion to lift stay , is of the

opinion that said motion should be granted. The motion to lift stay is GRANTED for the

limited purposes of requesting a bond pending appeal in this matter. The t r ial court's

proceedings regarding all other matters remain STAYED pending disposition of the

State ’ s appeal.

PER CURIAM

Do not publish.

T EX

. R. A PP

. P. 47.2(b).

D elivered and filed th e

28th day of October , 2013

.
<PAGE>   1
                                                                   EXHIBIT 10.12



                       SCHEDULE OF HEALTH CARE REIT LEASES
                  WHICH ARE SUBSTANTIALLY IN THE FORM OF LEASE
                 ATTACHED AS EXHIBIT 10.11 TO THE COMPANY'S FORM
                       10-Q FOR THE PERIOD ENDING 6/30/99

<TABLE>
<CAPTION>
                                                                         LEASING          ORIGINAL HEALTH CARE
FACILITY NAME                        LOCATION                         COMMITMENT FEE         REIT INVESTMENT        ANNUAL BASE RENT
-------------                        --------                         --------------         ---------------        ----------------
<S>                                  <C>                              <C>                  <C>                      <C>
Alterra Clare Bridge of Oklahoma     12401 Dorset Drive                 $ 316,981              $ 3,169,813             $ 301,132
City                                 Oklahoma City, OK  73120
</TABLE>
EXHIBIT 10.19
  SUMMARY OF BOARD
    COMPENSATION
    Amount

Description$100,000

Annual retainer to Chairman, disbursed in five equal payments
    for each regularly scheduled Board meeting.30,000

Annual Board retainer other than to Chairman, disbursed in five
    equal payments for each regularly scheduled Board meeting.10,000

Additional annual retainer to audit committee chairman,
    disbursed in same manner as Board member annual retainer.5,000

Additional annual retainer to committee chairman other than
    audit committee chairman, disbursed in same manner as Board
    member annual retainer.3,000

Fee for each Board meeting attended in person.1,250

Fee for each Board meeting attended telephonically and for each
    committee meeting attended in person or telephonically.   1
      1 To

    the extent any expense reimbursements provided for in this
    Summary of Board Compensation are taxable to a director and
    provide for a deferral of compensation within the meaning of
    Section 409A of the Internal Revenue Code, the director
    shall complete all steps required for reimbursement so as to
    facilitate payment, and any such reimbursements shall be paid to
    the director on or before December 31 of the calendar year
    following the calendar year in which the expense was incurred.
    Such reimbursements shall not be subject to liquidation or
    exchange for other benefits, and the expenses eligible for
    reimbursement in one calendar year shall not affect the expenses
    eligible for reimbursement in any other calendar year.
##### 



(DELAWARE LOGO)
    
    PAGE 1
 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO
HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF
AMENDMENT OF CYTOCORE, INC. , FILED IN THIS OFFICE ON THE NINETEENTH DAY OF
NOVEMBER, A.D. 2007, AT 1:26 OCLOCK P.M.
 A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY
RECORDER OF DEEDS.
 AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE
OF AMENDMENT IS THE TWENTIETH DAY OF NOVEMBER, A.D. 2007.
 2971781   8100
071237562
You may verify this certificate online 
at corp.delaware.gov/authver.shtml
    
    (SEAL)
    
    /s/ Harriet Smith Windsor
Harriet Smith Windsor, Secretary of StateAUTHENTICATION: 6172176
DATE: 11-19-07




---



##### 



State of Delaware
Secretary of State
Division of Corporations
Delivered 01:28 PM 11/19/2007
FILED 01:26 PM 11/19/2007
SRV 071237562  2971781 FILE
 CERTIFICATE OF AMENDMENT
TO THE
CERTIFICATE OF INCORPORATION
OF
CYTOCORE, INC.
 Pursuant to Section 242 of the
General Corporation Law of the State of Delaware (DGCL)
    Section 4.3




---



##### 



th
 CYTOCORE, INC.By:

/s/
Robert F. McCullough, Jr.Name:
    Robert F. McCullough, Jr.Chief Executive Officer andChief
Financial Officer
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-21-00430-CR

Joseph Wayne Fegurgur, Appellant

v.

The State of Texas, Appellee

FROM THE 27TH DISTRICT COURT OF BELL COUNTY

NO. 78328, THE HONORABLE JOHN GAUNTT, JUDGE PRESIDING

O R D E R F O R C L E R K T O P R O V I D E

A P P E L L A T E R E C O R D TO A P P E L L A N T

PER CURIAM

Appellant’s court-appointed counsel has filed a motion to withdraw supported by 

a brief concluding that the instant appeal is frivolous and without merit. See Anders 

v. California, 386 U.S. 738, 744 (1967). Appellant’s counsel has certified to the Court that he 

provided copies of the motion and brief to appellant, advised appellant of his right to examine 

the appellate record and file a pro se response, and supplied appellant with a form motion for 

pro se access to the appellate record. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. 

App. 2014). Appellant has timely filed the motion requesting access to the appellate record with 

this Court.

Appellant’s pro se motion is granted. We hereby direct the clerk of the trial 

court to provide a copy of the reporter’s record and clerk’s record to appellant, and to provide 
2

written verification to this Court of the date and manner in which the appellate record was 

provided, on or before January 3, 2022. See id. at 321.

It is ordered on December 22, 2021.

Before Chief Justice Byrne, Justices Triana and Kelly

Do Not Publish
EXHIBIT
      10.6


Board
      of
      Director Fees





The
      following table sets forth the director fees for 2006 and 2007:





**2006**
            
            **2007**Annual
                Retainer
            
            $
            5,000
            
            $
            5,000Board
                Meetings
            
            $
            670
                per meeting
            
            $
            670
                per meetingAudit
                Committee Meetings
            
            $
            300
                per meeting
            
            $
            300
                per meetingAll
                Other Committee Meetings
            
            $
            200
                per meeting
            
            $
            200
                per meetingChairman’s
                Annual Salary*
            
            
            N/A
            
            
            N/AVice
                Chairman’s Annual Salary*
            
            $
            5,000
            
            $
            5,000





*These
      salaries only apply to independent outside directors; this payment will not
      apply for the Chairman in 2008 as that position is filled by Mark D. Gainer
      who
      also serves as Chief Executive Officer and President of Union National Financial
      Corporation.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice: 12527; No. 2024-04]

                    Pursuant to the authority vested in the Secretary of State under the Foreign Missions Act, 22 U.S.C. 4301,                     *et seq.*                     (“the Act”), and delegated pursuant to Department of State Delegation of Authority No. 214, dated September 20, 1994, I hereby determine that the representative offices and operations in the United States of RIA Novosti, including their real property and personnel, are a foreign mission within the meaning of 22 U.S.C. 4302(a)(3).                

Furthermore, I hereby determine it to be reasonably necessary to protect the interests of the United States to require the representative offices and operations in the United States of RIA Novosti and its agents or employees acting on its behalf, to comply with the terms and conditions specified by the Department of State's Office of Foreign Missions relating to the above-named entity's activities in the United States.

Rebecca E. Gonzales,

Director, Office of Foreign Missions Department of State.

[FR Doc. 2024-20517 Filed 9-10-24; 8:45 am]

BILLING CODE 4711-11-P
<PAGE>
                                                                    EXHIBIT 99.2



                            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 AdvancePCS (the Company) on Form
10-Q for the period ending September 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Yon Y. Jorden, 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, to the
best of my knowledge and belief, 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
Company.



/s/ Yon Y. Jorden


Yon Y. Jorden
Chief Financial Officer
November 13, 2002
NO. 12-15-00012-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

ANTHONY JERMAINE MALLARD, 

APPELLANT

V.

THE STATE OF TEXAS,

APPELLEE

§

§

§

APPEAL FROM THE 188TH 

JUDICIAL DISTRICT COURT

GREGG COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant was convicted of sexual assault of a child and sentenced to imprisonment for 

five years. On January 16, 2015, he filed a notice of appeal.

We have received the appellate record. The clerk’s record includes the trial court’s

certification that “the defendant has waived the right of appeal.” See TEX. R. APP. P. 25.2(a)(2). 

The reporter’s record shows that, after sentence was imposed, Appellant waived his right to 

appeal in open court.

On June 18, 2015, we notified Appellant that the trial court’s certification stated he had 

waived the right to appeal. Additionally, we warned that the appeal would be dismissed unless, 

on or before June 29, 2015, a trial court certification showing Appellant’s right to appeal was 

filed in this court. No response has been filed. Because the trial court’s certification 

affirmatively shows that Appellant has waived the right to appeal, and the record supports the 

trial court’s certification, we dismiss the appeal. See TEX. R. APP. P. 43.2(f).

Opinion delivered July 8, 2015.

Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

(DO NOT PUBLISH)
COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JUDGMENT

JULY 8, 2015

NO. 12-15-00012-CR

ANTHONY JERMAINE MALLARD,

Appellant

V.

THE STATE OF TEXAS,

Appellee

Appeal from the 188th District Court 

of Gregg County, Texas (Tr.Ct.No. 43518-A)

THIS CAUSE came to be heard on the appellate record; and the same 

being considered, it is the opinion of this court that this appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this court that 

this appeal be, and the same is, hereby dismissed; and that this decision be certified to the court 

below for observance.

By per curiam opinion.

Panel consisted of Worthen, C.J., Hoyle, J. and Neeley, J.
[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Notices]
[Pages 75540-75541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20960]


=======================================================================
-----------------------------------------------------------------------

FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL

[Docket No. AS24-18]


Appraisal Subcommittee Notice of Meeting

AGENCY: Appraisal Subcommittee of the Federal Financial Institutions 
Examination Council.

ACTION: Notice of meeting.

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

    Description: In accordance with section 1104(b) of title XI of the 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 
as amended, notice is hereby given that the Appraisal Subcommittee 
(ASC) will meet in open session for its regular meeting:
    Location: This will be a virtual meeting via Webex. Please visit 
the agency's homepage (www.asc.gov) and access the provided 
registration link in the News and Events section. You MUST register in 
advance to attend this Meeting.
    Date: September 25, 2024.
    Time: 10:00 a.m. ET.
    Status: Open.

Reports

Chair
Executive Director
Delegated State Compliance Reviews
Grants Director
Financial Manager
Notation Vote

Action and Discussion Items

Approval of Minutes--June 12, 2024 Quarterly Meeting Minutes
Policy on Monitoring and Reviewing the Appraisal Foundation
Fiscal Year 2025 ASC Budget Proposal

How To Attend and Observe an ASC Meeting

    The meeting will be open to the public via live webcast only. Visit 
the agency's homepage (www.asc.gov) and access the provided 
registration link in

[[Page 75541]]

the News and Events section. The meeting space is intended to 
accommodate public attendees. However, if the space will not 
accommodate all requests, the ASC may refuse attendance on that 
reasonable basis. The use of any video or audio tape recording device, 
photographing device, or any other electronic or mechanical device 
designed for similar purposes is prohibited at ASC Meetings.

Loretta Schuster,
Management & Program Analyst.
[FR Doc. 2024-20960 Filed 9-13-24; 8:45 am]
BILLING CODE 6700-01-P
##### 



EXHIBIT 32 Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 In connection with the Quarterly Report on Form 10-Q for the three months ended
March 31, 2004 (the Report), by Xybernaut Corporation (the Registrant), the
undersigned hereby certifies that, to his knowledge:  1.
    
    The Report fully complies with the requirements
of section 13(a) or 15(d) of the Securities
Exchange Act of 1934, as amended, and2.
    
    The information contained in the Report fairly
presents, in all material respects, the financial
condition and results of operations of the
Registrant. /s/ EDWARD G. NEWMAN

Edward G. NewmanChief Executive Officer andChairman of the Board of DirectorsMay 7, 2004/s/ THOMAS D. DAVIS

Thomas D. DavisSenior Vice President andChief Financial OfficerMay 7, 2004/s/ STEVEN A. NEWMAN

Steven A. NewmanPresident, Chief Operating Officer andVice Chairman of the Board of DirectorsMay 7, 2004
 A signed original of this written statement required by Section 906 has been provided to
Xybernaut Corporation and will be retained by Xybernaut Corporation,
and furnished to the
Securities and Exchange Commission or its staff upon request.
Exhibit32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with theQuarterly Report of Smith Barney Mid-West Futures Fund L.P. II (the"Partnership") on Form 10-Q for the periodending September 30, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the "Report"),I, Daniel R. McAuliffe, Jr., Chief Financial Officer and Director ofCitigroup Managed Futures LLC, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

(1) The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2) The information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of the Partnership.

/s/ Daniel R. McAuliffe,Jr.

|  |
|--|
|  |  |
|  |

Daniel R. McAuliffe,Jr.Citigroup Managed Futures LLC Chief Financial Officer andDirector     Date: November 14,2005

----