alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*

 District Judge of the Eastern District of Louisiana, sitting by designation.

United States Court of Appeals

Fifth Circuit

FILED

May 12, 2003

Charles R. Fulbruge III

Clerk

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

____________

No. 02-11008

____________

In The Matter Of: COLLEGE CONNECTION INC.,

Debtor.

______________________________________________________

DANIEL J. SHERMAN, Chapter 7 Trustee,

Appellant,

versus

THE SOUTHLAND CORPORATION, nowknownas 7-Eleven Inc.,

Appellee.

Appeal from the United States District Court

For the Northern District of Texas

No. 3:02-CV-220-R

Before EMILIO M. GARZA and DeMOSS, Circuit Judges, and DUVAL*, District Judge.
** Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstancesset forth in 5THCIR.R. 47.5.4.

-2-

PER CURIAM:**

Daniel J. Sherman, the Chapter 7 trustee for the bankruptcy estate of debtor College

Connection, Inc. (“the Trustee”), appeals the district court’s affirmance of the bankruptcy court’s

take-nothing final judgment with respect to the Trustee’s claims against the Southland Corporation,

now known as 7-Eleven, Inc. (“7-Eleven”). The Trustee contends that the bankruptcy court erred

in concluding that the agreement between the debtor and 7-Eleven was not a viable executory

contract for purposes of 11 U.S.C. § 365 at the time of the debtor’s bankruptcy filing because, inter

alia, debtor’ssale of proprietarybaked goodsto 7-Eleven’s competitors was a materialbreach ofthat

agreement. The Trustee also argues that the bankruptcy court erred in concluding that the estate was

not entitled to recover from 7-Eleven on any theory asserted. Lastly, the Trustee contends that the

bankruptcy court abused its discretion in admitting certain documents and expert testimony into

evidence and refusing to order compliance with particular subpoenas.

We have read the briefs, heard the arguments of counsel, and consulted the pertinent portions

of the record. On the basis of the applicable law and the record, we affirm essentially for the reasons

given by the district court.

AFFIRMED.
##### 



EXHIBIT
99.1
 
 N E
W S    R E L E A S E
 FOR IMMEDIATE RELEASE

    Contact:March 2, 2007

    Investor Relations Dept.
(800) 536-7453
 TORCH ENERGY ROYALTY TRUST ANNOUNCES
OIL AND GAS RESERVE VALUE
 HOUSTON
 www.torchroyalty.com
    1 of 1
##### 



Exhibit 10.17
 EMPLOYMENT AGREEMENT
(Mark Stauffer)
 EMPLOYMENT AGREEMENT Agreement Company Key
Employee Effective Date Financing provided
 W I
T N E S S E T H:
 WHEREAS,
 WHEREAS,
 NOW, THEREFORE,
 ARTICLE I
DEFINITIONS AND INTERPRETATIONS
 1.1 Definitions .
 Base Salary Section 2.3(a)
 Board
 Cause
 Section 3.8
    1




---



##### 



Change in Control
 Section
1.1(d)(ii) provided further however Section
1.1(d)(i) Section 1.1(d)(i)
 Section 1.1(d)(ii) Section
1.1(d)(i)
  2




---



##### 



Section 1.1(d) provided Section 1.1(d) Majority Shareholder (y) (y)
 Code
 Disability Company Physician Key Employees Physician
 Good Reason
    Nonqualified Deferred Compensation Rules
 Protection Period
 3




---



##### 



Severance Pay
   Severance Period
   Without Cause
 1.2 Interpretations .
 ARTICLE II
EMPLOYMENT AND DUTIES
 2.1 Term . Initial Term Renewal Term
 2.2 Position, Duties and Services .
 4




---



##### 



2.3 Compensation .
 Base Salary
 Bonuses and Perquisites
 Incentive, Savings, Profit Sharing, and Retirement Plans
 Welfare Benefit Plans
 2.4 Severance Benefit . ARTICLE III Section 2.1 ARTICLE III
 ARTICLE III
EARLY TERMINATION
 3.1 Death . Section 2.3
 3.2 Disability . Section 2.1 Section 2.3
 3.3 Termination for Cause or Voluntary Resignation by Key Employee .
 5




---



##### 



Section 2.3
 3.4 Termination Without Cause or for Good Reason Unrelated to a Change in Control . Section 2.1 Section 2.3
 3.5 Termination Without Cause or for Good Reason Related to a Change in Control . Section 2.3
 3.6 Termination of Companys Obligations . ARTICLE III Section
3.8
 3.7 Release . Section 3.7 Section 3.4 Section 3.5 i.e Section
2.3
 3.8 Non-Competition, Confidentiality .
 Agreement not to Compete Section 3.8(b) Section
3.8(b) Section
3.8
 6




---



##### 



Confidential Information
 Reasonableness of Restrictions Section 3.8 Section 3.8 Section 3.8 Section 3.8
 7




---



##### 



Enforcement Successor Employer Section 3.8 Section 3.8 Section 3.8
 3.9 Parachute Payments . ARTICLE III Section 3.9
 3.10 Payments Subject to Section 409A of the Code . ARTICLE III ARTICLE III
 8




---



##### 



ARTICLE IV
MISCELLANEOUS
 4.1 Governing Law .
 4.2 Amendment and Waiver .
 4.3 Severability .
 4.4 Entire Agreement . Section 2.3(c) Section 2.3(d)
 4.5 Withholding of Taxes and Other Employee Deductions .
 4.6 Headings .
 4.7 Actions by the Board .
 4.8 Construction .
  9




---



##### 



IN WITNESS WHEREOF,
 COMPANY:

ORION MARINE GROUP, INC.By:

/s/
J. Michael PearsonName:
    J. Michael PearsonTitle:
    President and Chief Executive OfficerKEY EMPLOYEE:/s/ Mark StaufferMark Stauffer Signature Page to  Employment Agreement  (Mark Stauffer)
**EXHIBIT 23.2****CONSENT OF INDEPENDENT ACCOUNTANTS**We hereby consent to the use in this Registration Statement on Form S-1 of Cardtronics, Inc. of ourreport dated March 29, 2007, except for the restatement discussed in Note 1 to the financialstatements, as to which the date is July 16, 2007, relating to the financial statements of the7-Eleven Financial Services Business, which appears in such Registration Statement. We alsoconsent to the references to us under the heading “Experts” in such Registration Statement.
#### HADA v. JAMES.

No. 3023.

Court of Civil Appeals of Texas. Beaumont.

Dec. 24, 1936.

A. A. Gunter, of Port Arthur, for appellant.

*396Fred A. White, of Port Arthur, for ap-pellee.

WALKER, Chief Justice.

This is the second appeal of this case; we refer to and adopt our statement of the nature of this suit, given in our opinion on the former appeal. James v. Hada, 66 S.W. (2d) 365. After the remand, W. F. Hada died, and Roeva Hada, his sole heir, was made party defendant. On trial to the court without a jury, she admitted the execution of the note in controversy, as did her father on the former trial, and assumed the burden of establishing her defense that her father was an accommodation indorser on the note. The only evidence offered on the trial was the testimony of W. F. Hada given on the former trial, taken from the official statement of facts on the former appeal.. Judgment was rendered in favor of appellee against appellant for the relief prayed for. On the trial, only the testimony of W. F. Fiada on the former trial was introduced. The appeal is based upon appellant’s construction of the testimony that, under all the testimony, W. F. Hada was merely an accommodation indorser for appellee. In this contention, appellent is in error. We quote as follows from the testimony of W. F. Hada:

> “By Mr. Gunter (appellant’s attorney):

> *“Q.*Mr. Hada, did you have any conversation — well, you heard Mr. James’ testimony about your approaching him down there on the sidewalk at your place of business? A. Yes, sir.

> “Q. And what he said about your telling him that you didn’t want your son to lose the car and that you would sign the note even though you had to pay it, if it would 'keep the car for your son — do you remember any such conversation? A. No, sir.

> “Q. Did you have such a conversation? A. No, all that talking about the, First National Bank and getting my name on there so he could use it as collateral he done. The thing was so quick, we are not long at it, transacting business.

> “Q. Now, how many conversations did you have with Mr. James about that?”

In the statement on the former appeal it was made to appear that the testimony of J. E. James was to the effect that W. F. Hada was not an accommodation in-dorser. The reference to the testimony of Mr. James, given in the above quotation from Mr. Hada’s testimony, clearly states, appellee’s contention and put in evidence the testimony given by him on the former trial to the effect that W. F. Hada was not an accommodation indorser.

For the reasons stated, the judgment of the lower court has support.

It follows that the judgment of the lower court should be in all things affirmed, and it is accordingly so ordered.

Affirmed.
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 967 V

UNPUBLISHED

REGINA SALIOT, as Prochein Ami for
RICHARD SALIOT, Incapacitated

Person

,

Petitioner,

v.

SECRETARY OF HEALTH AND
HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: October 20, 2021

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine;

Guillain

- Barre Syndrome (GBS)

Dennis W. Potts

, Dennis W. Pot ts, Esq.

, Honolulu, HI , for P etitioner.

Kimberly Shubert Davey , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On August 4, 202 0

, Regina Saliot , on behalf of her husband , Richard Saliot, filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that he suffered

Guillan

- Bar r é Sy ndrome (GBS) as a result of an influenza (flu) vaccination received on October 29, 2019 . Petition at 1

. T he case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 8, 2021

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

- Government Act

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the R uling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,
the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that

the identified material f its within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. §
300aa (2012 ).2

1. Specifically, “ [I] t is [ R ] espondent ’ s position that “ [P] etitioner has satisfied the criteria set forth in the Vaccine Injury Table (“Table”) and the Qualifications and Aids to Interpretation (“QAI”)

. Id. at 9 . Respondent further agrees that the scope of damages is

limited to Petitioner ’ s GBS and its related sequelae only

. Id. at 10.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
Page 46 of 46

# EXHIBIT 32.2

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

Pursuant to 18 U.S.C. §1350 (as
adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002), I, the undersigned Chief
Financial Officer of National Presto Industries, Inc. (the Company), hereby
certify that the Annual Report on Form 10-K of the Company for the year ended December 31,
2005 (the Report) fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results of
operations of the Company.

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 SEC or its Staff upon request.

|Date: March 10, 2006 | /S/ R. F. Lieble       
|-------------------- | -----------------------
|                     | R. F. Lieble           
|                     | Chief Financial Officer

---
##### 



Exhibit 99.2

Chief Executive Officers Certification required under Section 906 of
Sarbanes-Oxley Act of 2002

In connection with the quarterly report of TIB Financial Corp. (the Company)
on Form 10-Q for the period ended June 30, 2002, as filed with the Securities
and Exchange Commission (the Report), I, Edward V. Lett, President and Chief
Executive Officer of the Company, certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that this Report fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that, to my knowledge, the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operation of the Company.

|      |  |                   |  |                                                     
|----- |  | ----------------- |  | ----------------------------------------------------
|Date: |  | November 14, 2002 |  | /s/ Edward V. Lett                                  
|      |  |                   |  |                                                     
|      |  |                   |  | Edward V. Lett
President and Chief Executive Officer

26
##### 



SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C.20549
 
 FORM
8-K
 CURRENT REPORT
 Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 October 10, 2007
 Energy Transfer Partners, L.P.
  Delaware
(State or other jurisdiction 
of incorporation)
    
    1-11727
(Commission File Number)
    
    73-1493906
(IRS Employer
Identification Number)
 3738 Oak Lawn Avenue
Dallas, TX 75219
 (214) 981-0700
   o
 o
 o
 o




---



##### 



Item 7.01
    
    Regulation FD Disclosure
  Item 9.01
    
    Financial Statements and Exhibits.
  99.1
    
    Energy Transfer Partners, L.P. Press Release, dated
October 10, 2007.




---



##### 



Signatures
  Energy Transfer Partners, L.P.By:
    Energy Transfer Partners GP, L.P.,General Partner By:
    Energy Transfer Partners, L.L.C.,General Partner Date: October 10, 2007
    
    /s/ Brian J. JenningsBrian J. JenningsChief Financial Officer and officer dulyauthorized to sign on behalf of the registrant




---



##### 



Exhibit Index
  99.1
    
    Energy Transfer Partners, L.P. Press Release, dated
October 10, 2007.
##### 



CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
    /s/ William L. TransierWilliam L. TransierChief Executive Officer
Exhibit 35.5



|     |  |  |  |  |  |                                                                          
|---- |  |  |  |  |  | -------------------------------------------------------------------------
|LOGO |  |  |  |  |  | Corporate Trust Services 9062 Old Annapolis
Road Columbia, Maryland 21045

Citibank N.A.

17g-5 Information
Provider

ratingagencynotice@citi.com

RE: Annual Statement
as to Compliance

The undersigned, a duly authorized officer of Wells Fargo Bank, N.A. (Wells Fargo), as Master Servicer,
hereby certifies as follows as of and for the year ending December 31, 2013 (the Reporting Period):

(a) a review of
Wells Fargos activities during the Reporting Period and of its performance under the applicable servicing agreement listed on Schedule A hereto (the Servicing Agreement) has been made under my supervision; and

(b) to the best of my knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Servicing Agreement in all
material respects throughout the Reporting Period, except as described on Schedule B hereto.



|                      
|----------------------
|February 27, 2014     
|                      
|/s/ Kristen Ann Cronin
|Kristen Ann Cronin    
|Vice President        
|Wells Fargo Bank, N.A.



|                       |  |     
|---------------------- |  | ----
|Wells Fargo Bank, N.A. |  | LOGO



---

Schedule A

Pooling and Servicing Agreement dated as of June 1, 2012, for Sequoia Mortgage Trust 2012-3, by and among Sequoia Residential Funding, Inc., as
Depositor, Wells Fargo Bank, N.A. as Master Servicer and Securities Administrator, and Christiana Trust, a division of Wilmington Savings Fund Society, FSB, as Trustee. 1



|1 | The Pooling and Servicing Agreement was amended and restated effective January 1, 2014 to reflect the resignation of Wells Fargo as the Securities Administrator and Paying Agent (among other roles). See the Form
8-K filed on January 6, 2014 for additional information.
|- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



2



---

Schedule B

None



3
[Federal Register Volume 89, Number 191 (Wednesday, October 2, 2024)]
[Notices]
[Page 80284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22626]


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

POSTAL SERVICE


Product Change--Priority Mail Express, Priority Mail, and USPS 
Ground Advantage[supreg] Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: October 2, 2024.

FOR FURTHER INFORMATION CONTACT: Sean C. Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
September 18, 2024, it filed with the Postal Regulatory Commission a 
USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground 
Advantage[supreg] Contract 355 to Competitive Product List. Documents 
are available at www.prc.gov, Docket Nos. MC2024-703, CP2024-712.

Sean C. Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2024-22626 Filed 10-1-24; 8:45 am]
BILLING CODE 7710-12-P
##### 



EMPLOYEE MATTERS AGREEMENT
 Agreement Helix Cal
Dive
 RECITALS
 IPO
   ARTICLE 1
DEFINITIONS
  Cal Dive Employee
 Cal Dive Entity
 Cal Dive Welfare Plan
 COBRA
 Code
 ERISA
 -1-




---



##### 



Helix Entity
 Helix Welfare Plan
 IPO
 IPO Closing Date
 Master Agreement
 Plan
 Transferred Employee Section 2.2(a)
 ARTICLE 2
GENERAL
 Assumption/Retention of Liabilities
 -2-




---



##### 



Employment Status of Cal Dive Employees
 Transferred Employees Transferred
Employee
 No Cal Dive Severance Event
 Termination of Participation in Helix Plans
 Recognition of Service
 ARTICLE 3
WELFARE PLANS
 Welfare Plan Participation and Liabilities
 Termination of Group Welfare Plan Participation
 Allocation of Liabilities
 -3-




---



##### 



Cal Dive Group Health Plan, COBRA
 Cafeteria Plan Helix Cafeteria Plan Cal Dive Cafeteria Plan
 Helix Assets
 Credit for Amounts Paid
 ARTICLE 4
COMPENSATION MATTERS
AND NON-ERISA BENEFIT ARRANGEMENTS
 Assumption of Individual Agreements
 -4-




---



##### 



Stock Incentive Plans
 Stockholder Approval of Long-Term Incentive Plan
 Outstanding Helix Stock Options Helix Stock Incentive Plans th Stock Option Service Fees
 -5-




---



##### 



Stock Option Accounting Costs and Expenses
 Outstanding Helix Restricted Stock Awards Restricted Stock Service Fees Restricted Stock Accounting Costs and Expenses
 Stock Purchase Plans
 Helix Employee Stock Purchase Plan
 -6-




---



##### 



Stockholder Approval of Cal Dive Stock Purchase Plan
 Annual Incentive Compensation
 Helix Plan for 2006
 New Cal Dive Plan
 Workers Compensation
 Accrued Vacation and other Paid Time Off
 Leaves of Absence
 ARTICLE 5
PENSION PLANS
 Helix 401(k) Plan. Helix 401(k) Plan
 -7-




---



##### 



Cal Dive 401(k) Plan Trust. Cal Dive 401(k) Plan Trust
 ARTICLE 6
GENERAL PROVISIONS
 No Third Party Beneficiaries; Preservation of Rights to Amend
 Employment Solicitation
 Personnel Records
 Applicability to Subsidiaries
 Fiduciary Matters
 -8-




---



##### 



Administrative Complaints/Litigation
 Reimbursement and Indemnification
 Singular/Plural Words
 Master Agreement Provisions
 Applicable Law
 -9-




---



##### 



HELIX ENERGY SOLUTIONS GROUP, INC.By:
    /s/ Martin R. FerronName:
    Martin R. FerronTitle:
    President and Chief Executive OfficerCAL DIVE INTERNATIONAL, INC.By:
    /s/ Quinn J. HébertName:
    Quinn J. HébertTitle:
    President and Chief Executive Officer -10-
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 Grand Monarch Holdings, Inc. a Delaware
corporation (the “Company”), on Form 10-Q for the quarterly period ending March
31, 2010 as filed with the Securities and Exchange Commission (the “Report”), I,
David Villarreal, Jr., Chief Executive Officer and Chief Financial Officer of
the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350), that to my knowledge:





(1) The
Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); 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/David
      Villarreal, Jr.David
      Villarreal, Jr.Chief
      Executive Officer and Chief Financial OfficerDate:  June
      14, 2010
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**We consent to the reference to our firm under the caption “Experts” and to the use of our reportdated September 7, 2007, with respect to the financial statements of Williams Pipeline PartnersPredecessor, our report dated September 7, 2007, with respect to the balance sheet of WilliamsPipeline Partners L.P., our report dated September 7, 2007 with respect to the balance sheet ofWilliams Pipeline GP LLC, and our report dated February 28, 2007, with respect to the financialstatements of Northwest Pipeline Corporation, in the Registration Statement (Form S-1) and relatedprospectus of Williams Pipeline Partners L.P. for the registration of 13,000,000 common unitsrepresenting limited partner interests./s/ ERNST & YOUNG LLPHouston, Texas
**Exhibit 23.1****Consent of Independent Registered Public Accounting Firm**The Board of Directors of Superior Offshore International, Inc.We consent to the use of our report dated March 8, 2007, except as to Note 16, which is as of April2, 2007, relating to the financial statements of Superior Offshore International, L.L.C. and ourreport dated March 8, 2007, relating to the balance sheet of Superior Offshore International, Inc.incorporated by reference herein./s/ KPMG LLPNew Orleans, Louisiana