alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-30446

No. 96-30447

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GERALD A. ELWOOD; MARLO HELMSTETTER,

Defendant-Appellee.

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

Appeals from the United States District Court

for the Eastern District of Louisiana

USDC No. CR-92-469-D

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

September 10, 1996

Before SMITH, DUHE’ and BARKSDALE, Circuit Judges.

PER CURIAM:*

Gerald Elwood (#22424-034) and Marlo Helmstetter (#23245-

034) have filed motions to proceed in forma pauperis (IFP) in the 

appeals of the denial of their motions for a new trial. They

argue that they have procured a medical report which is “newly

discovered” evidence. They have not identified any abuse of

discretion in the district court’s denial of their motions. See

United States v. Jaramillo, 42 F.3d 920, 924 (5th Cir.), cert.

denied, 115 S. Ct. 2014 (1995). Their appeals fail to present a
No. 96-30446

 96-30447

-2-

nonfrivolous issue; their motions for IFP are denied. See Carson

v. Polly, 689 F.2d 562, 586 (5th Cir. 1982). Their appeals are

DISMISSED as frivolous. 5th Cir. R. 42.2.3.
II

106TH CONGRESS

1ST SESSION S. 285

To amend title II of the Social Security Act to restore the link between

the maximum amount of earnings by blind individuals permitted without

demonstrating ability to engage in substantial gainful activity and the

exempt amount permitted in determining excess earnings under the earnings test.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1999

Mr. MCCAIN (for himself, Mr. DEWINE, Ms. LANDRIEU, Mr. DURBIN, Mr.

CLELAND, Mr. HAGEL, Mr. WELLSTONE, and Mr. BREAUX) introduced

the following bill; which was read twice and referred to the Committee

on Finance

A BILL

To amend title II of the Social Security Act to restore

the link between the maximum amount of earnings by

blind individuals permitted without demonstrating ability

to engage in substantial gainful activity and the exempt

amount permitted in determining excess earnings under

the earnings test.

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 ‘‘Blind Persons Earn5 ings Equity Act’’.
2

•S 285 IS

1 SEC. 2. RESTORATION OF LINK BETWEEN RULES RELATING

2 TO SUBSTANTIAL GAINFUL ACTIVITY FOR

3 BLIND INDIVIDUALS AND RULES RELATING

4 TO EXCESS EARNINGS UNDER THE EARNINGS

5 TEST.

6 Section 223(d)(4)(A) of the Social Security Act (42

7 U.S.C. 423(d)(4)(A)) is amended by striking the second

8 sentence and inserting ‘‘No individual who is blind shall

9 be regarded as having demonstrated an ability to engage

10 in substantial gainful activity on the basis of earnings that

11 do not exceed an amount equal to the exempt amount

12 under section 203(f)(8) which is applicable to individuals

13 described in subparagraph (D) thereof.’’.

14 SEC. 3. EFFECTIVE DATE.

15 The amendments made by this Act shall apply with

16 respect to taxable years ending after 1998.

Æ
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





I, Stephen V, Williams, Chief Executive Officer of Winwheel Bullion, Inc. (the "Company"), certify, pursuant to 18 U.S.C. Section 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1) the Quarterly Report on Form 10-Q of the Company for the period ended December 31, 2010 (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 results of operations of the Company.








Date: February 17, 2011





By: /s/ Stephen V. Williams


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


Chief Executive Officer


(Principal Executive Officer)
## United States Court of Appeals
FOR THE EIGHTH CIRCUIT

___________
No. 97-2764

___________ Thomas Darnell; Mark Rogers, * * Plaintiffs, * * W. Duane Isaac, * * Plaintiff-Appellant, * * John Caudill; Don Cornell; Scott E. * Hope; Jay Masoner; Danny Hahn; * Kenny Hamilton; Randy D. Offield; * James Gant; William Miller; Zivian * Christian; Charlie James; Joseph E. * Schmidt; James A. Clark; Jason L. * Appeal from the United States Loomer; Mike Davis; Steve Black; * District Court for the Chester Parkus; R. Mann; Bradley * Western District of Missouri. Bernabe; Theodore F. Lewis; Robert * Kelly; Michael Donley; Kenneth * [UNPUBLISHED] Thornburg; James S. Quinn; Craig * Winfield; Bryan Bland; Rubin * Pinster; Terrence Lemons; James * Lutes; James Risner; Robert Shaw; * Don Wright; James McKee; Robert * David Hammon; Wilbert M. Tate, * * Plaintiffs, * *

v. * * Dora Schriro; George A. Lombardi; * Dale Riley, *TheHonorable Scott O. Wright, United States District Judge for the Western 1 District of Missouri, adopting the report and recommendation of the Honorable William A. Knox, United States Magistrate Judge for the Western District of Missouri.

-2- Defendants, * * Michael Groose; David Dormire; * Gerald Bommell, * * Defendants-Appellees, * * John Doe, 1-5, * * Defendant. *

___________ Submitted: August 7, 1998 Filed: August 14, 1998

___________ Before WOLLMAN, HANSEN, and MURPHY, Circuit Judges.

___________
PER CURIAM.
W. Duane Isaac appeals from the dist rict court & s orders dismissing three prison

1 officials and granting summary j udgment as to the remaining prison officials in Isaac & s conditi ons-of-confinement suit. After a careful review of the record and the parties & submissions on appeal, we affirm the judgment of the district court. We also den y appellees & request to strike portions of appellant & s brief addendum, see Johnson v

. Missouri , 142 F.3d 1087, 1090 n.5 (8th Cir. 1998) (considering material not submitted to the district court, and denying motion to strike material because information did not aid appellants & arguments), and appellant & s pending motion filed with this court.-3-

Accordingly, the judgment is affirmed. See8th R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
*

 Pursuant to Local Rule 47.5, the court has determined that this opinion should not be

published and is not precedent except under the limited circumstancessetforth inLocalRule

47.5.4.

 

1Fernandez-Montes v. Allied Pilots Ass’n, 987 F.2d 278 (5th Cir. 1993); Blackburn v.

City of Marshall, 42 F.3d 925 (5th Cir. 1995); Thompkins v. Belt, 828 F.2d 293 (5th Cir.

1987).

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-20708

Summary Calendar

GLENN STEWART STITT,

Plaintiff-Appellant,

versus

JOHNNY KLEVENHAGEN, Sheriff,

Defendant-Appellee.

Appeal from the United States District Court

For the Southern District of Texas

(CA H 93 1241)

February 8, 1996

Before POLITZ, Chief Judge, KING and DENNIS, Circuit Judges.

PER CURIAM:*

Glenn Stewart Stitt appeals the Fed.R.Civ.P. 12(b)(6) dismissal of his 42 U.S.C.

§ 1983 complaint against SheriffJohnny Klevenhagen for alleged abuse by a deputy sheriff

while he was confined to the Harris County jail. We review this dismissal de novo.

1

One advancing a 42 U.S.C. § 1983 claim must state specific facts warrantingrelief;
 

2Morrison v. City of Baton Rouge, 761 F.2d 242 (5th Cir. 1985); Fernandez-Montes.

 

3

Jacquez v. Procunier, 801 F.2d 789 (5th Cir. 1986).

 

4Schultea v. Wood, 47 F.3d 1427 (5th Cir. 1995) (en banc).

2

mere conclusionary statements do not suffice.2 This court reversed on appeal an earlier

dismissal to permit Stitt an opportunity to allege and demonstrate the required basis for his

claims against the defendant. Stitt has failed to do so,3offering only additional

conclusionary statements and seeking very broad discovery which the trial court would not

permit.4 We perceive no error in that ruling, in the refusal of Stitt’s request for appointed

counsel, and in the Rule 12(b) dismissal.

Stitt’s motion to this court entitled “Motion for Medical Treatment Release” finds

neither basis nor support in this record and same is DENIED.

Judgment appealed is AFFIRMED.
Record of Discussion 

Docket No. FAA-2014-0758 Directorate Identifier: 2013-SW-062-AD 

With whom outside the FAA has this AD action been discussed (i.e., Design Approval Holder, 

manufacturer, ATA, NBAA, RAA, AOPA, ALPA, GAMA, etc)? 

ORGANIZATION PERSON CONTACTED DATE TOPICS DISCUSSED 

Kaman Aerospace Greg Grzybowski 4116/2015 Other. List below. 

Kaman Aerospace Tim Graham 4116/2015 Other. List below. 

Other/Additional Information: Discussed Kaman Aerospaces comments to the NPRM for 

clarification. 

10
Exhibit 32.1

Certification Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title
18, United States Code), we, Benjamin W. Hulburt, President and Chief Executive Officer, and Thomas C. Stabley, Chief Financial Officer of Rex Energy Corporation, a Delaware corporation (the Company), hereby certify, to our knowledge,
that:



| | (1) | the Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2010 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

Dated: May 5, 2010



|                                      |  |  |  |                        
|------------------------------------- |  |  |  | -----------------------
|/s/ Benjamin W. Hulburt               |  |  |  | /s/ Thomas C. Stabley  
|Benjamin W. Hulburt                   |  |  |  | Thomas C. Stabley      
|President and Chief Executive Officer |  |  |  | Chief Financial Officer

The foregoing certification is
being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and is not being filed as part of the Report or as a separate
disclosure document.

A signed original of this written statement required by Section 906 has been provided to Rex Energy Corporation and
will be retained by Rex Energy Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
##### 



UNITED STATES
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
 Date of Report (Date of earliest event reported): October 29, 2007
 Kitty Hawk, Inc.
  Delaware
(State or other jurisdiction of 
incorporation)
    
    001-32284
(Commission File Number)
File Number)
    
    75-2564006
(IRS Employer Identification No.)1515 West 20th Street 
P.O. Box 612787
DFW International Airport, 
Texas
(Address of principal executive offices)
    
    
    
    75261
(Zip Code)
 (972) 456-2200
 NOT APPLICABLE
  o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17
CFR 240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17
CFR 240.13e-4(c))




---



##### 



Item 8.01 Other Events.
  Item 9.01 Financial Statements and Exhibits.
 Exhibits.
 Exhibit Number
    
    DescriptionExhibit 99.1
    
    Press release dated October 29, 2007.




---



##### 



SIGNATURES
  KITTY HAWK, INC.Date: October 29, 2007
    By:

/s/
Steven E. MarkhoffName:
    Steven E. MarkhoffTitle:
    Corporate Secretary




---



##### 



EXHIBIT INDEX
 Exhibit Number
    
    DescriptionExhibit 99.1
    
    Press release dated October 29, 2007.
ex_100627.htm


Exhibit 10.1


 











	 



November 8, 2017


 


Re: Letter Agreement


 


Dear Quintin V. Kneen, 


 


Reference is made to that certain Amended and Restated Employment Agreement, between you and GulfMark Offshore, Inc. (the “Company”), dated May 11, 2017 (the “Existing Agreement”). 


 


As you may be aware, the Company entered into a Restructuring Support Agreement on May 15, 2017 (the “RSA”) and filed a petition for relief under chapter 11 of title 11 of the United States Code to implement a restructuring of its balance sheet (the “Reorganization”) on May 17, 2017.


 


In consideration of the benefits contemplated by the RSA, you and the Company hereby agree that, as set forth in the RSA and the Amended Chapter 11 Plan of Reorganization of GulfMark Offshore, Inc., as modified on October 2, 2017 (Docket No. 309), as may be amended from time to time in accordance with the terms of the Restructuring Support Agreement (the “Plan of Reorganization”):


 


(i) prior to the assumption or rejection of the Existing Agreement, you and the board of directors of the reorganized Company (the “New Board”) will engage in good faith negotiations regarding changes to the Existing Agreement within the thirty (30) day period following the effective date of the Plan of Reorganization (the “Negotiation Period”); and 


 


(ii) notwithstanding anything to the contrary in the Existing Agreement or any other agreement between you and the Company, neither the Reorganization nor the transactions contemplated by the Plan of Reorganization will constitute a ‘Change of Control’ for purposes of the Existing Agreement or any other employment, severance, change of control or similar type of agreement or arrangement covering you. 


 


The Negotiation Period may be extended by a mutual agreement of you and the New Board. For the avoidance of doubt, the reorganized Company will have the right to reject the Existing Agreement if you and the New Board do not come to a mutually acceptable agreement during the Negotiation Period, as it may be extended by mutual agreement from time to time.


 


Sincerely,


 


GULFMARK OFFSHORE, INC.                


         


	
			 


			
			/s/ David E. Darling   


			By: David E. Darling               

			


			
			Title: SVP, CHRO  

			

				Accepted and Agreed:  /s/ Quintin V. Kneen            
	 	Quintin V. Kneen



                  


 


GulfMark Offshore, Inc. | 842 W Sam Houston Parkway N| Suite 400 | Houston, Texas 77024


Phone 713 963-9522 | Fax 713 963-9796
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 Pacific Software, Inc. on Form 10-Q for the period ending December31, 2009, as filed with the Securities and Exchange Commission on the date hereof, I, Harrysen Mittler, President of the Registrant, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:  1. The Report 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 Registrant.  February 24, 2010  /s/ Harrysen Mittler Harrysen Mittler, President  A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 34.3



LOGO

Report of Independent Registered Public Accounting Firm



|                                                       |  |                                                                                                                                              
|------------------------------------------------------ |  | ---------------------------------------------------------------------------------------------------------------------------------------------
|Board of Directors and Shareholders Situs Holdings LLC |  | Audit  Tax  Advisory 
Grant Thornton LLP 1717 Main Street, Suite 1500 Dallas, TX 75201
 T 214.561.2300
F 214.561.2370 www.GrantThornton.com

We have examined managements assertion, included in the accompanying Report of Management on Compliance
(Managements Assertion), that Situs Holdings LLC (the Company) complied with certain servicing criteria set forth in paragraph (d) of Item 1122 of the U.S. Securities and Exchange Commissions Regulation
AB included in Exhibit A as of December 31, 2012 and for the period June 1, 2012 through December 31, 2012, with respect to the Companys Operating or Trust Advisor Services performed over the deals listed in Appendix B (the
Platform). Management is responsible for the Companys compliance with the applicable servicing criteria. Our responsibility is to express an opinion on managements assertion about the Companys compliance with the
applicable servicing criteria for the Platform based on our examination.

Our examination was conducted in accordance with attestation
standards the standards of the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence about the Companys compliance with the applicable servicing criteria for the Services and
performing such other procedures as we considered necessary in the circumstances. Our examination was not designed to detect material noncompliance that may have occurred prior to the period covered by this report and that may have affected the
Companys activities with respect to the Platform during the period covered by this report. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the
Companys compliance with the applicable servicing criteria.

In our opinion, managements assertion that Situs Holdings LLC
complied with the aforementioned minimum servicing standards as of December 31, 2012 and for the period June 1, 2012 through December 31, 2012, for the Services is fairly stated, in all material respects.

/s/ Grant Thornton LLP

Dallas, Texas

March 22, 2013

Grant
Thornton LLP

U.S. member firm of Grant Thornton International Ltd
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


In connection with the Annual Report of Venture Lending & Leasing VII, Inc. (the "Fund") on Form 10-K for the year ending December 31, 2017 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Martin D. Eng, Chief Financial Officer of the Fund, 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 result of operations of the Fund.





/S/ Martin D. Eng





Martin D. Eng


Chief Financial Officer


March 16, 2018
Exhibit 35.1



Annual Servicer Compliance Certificate
pursuant to
Section 3.9 of the Sale and Servicing Agreement
and
Item 1123 of Regulation AB








USAA AUTO
OWNER TRUST 2012-1








The undersigned, a duly authorized officer of USAA Federal Savings
Bank, as servicer (in such capacity, the “Servicer”) under the Sale and Servicing Agreement, dated as of September
19, 2012 (as amended and supplemented, or otherwise modified and in effect from time to time, the “Sale and Servicing
Agreement”), by and among USAA Auto Owner Trust 2012-1, USAA Acceptance, LLC, the Servicer and The Bank of New York Mellon,
as Indenture Trustee, does hereby certify that:



| | 1. | A review of the activities of the Servicer during the
period from January 1, 2013 through December 31, 2013, and of its performance under the Sale and Servicing Agreement was conducted
under my supervision.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the
Servicer has fulfilled all of its obligations in all material respects under the Sale and Servicing Agreement throughout such
period.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, the undersigned has duly executed this Certificate
on behalf of the Servicer this 26th day of March, 2014.



| | /s/ Rosie Cano         | 
| | ---------------------- | 
| | Name:  Rosie Cano      | 
| | Title:  Vice President |
#### HARDING et al. v. STITH.

No. 9656.

Court of Civil Appeals of Texas. San Antonio.

Nov. 27, 1935.

Coke R. Stevenson, of Junction, and C. H. Gilmer, of Rocksprings, for appellants.

Robt. M. Lyles, of Conroe, for appellee.

BOBBITT, Justice.

Inasmuch as appellants have filed no brief, or in any way prosecuted the appeal of this cause herein, it is apparent that the appeal has been abandoned.

This cause is, therefore, dismissed for want of prosecution.
##### 



Exhibit 99.1
 NEWS
    
    NOBLE CORPORATION
    
    (NOBLE LOGO)13135 South Dairy Ashford, Suite 800Sugar Land, TX 77478Phone: 281-276-6100 Fax: 281-491-2092
 NOBLE CORPORATION ANNOUNCES TWO-FOR-ONE STOCK SPLIT,
100 PERCENT EFFECTIVE CASH DIVIDEND INCREASE




---



##### 



http://www.noblecorp.com
 This news release may contain forward-looking statements about the business, financial
performance and prospects of the Company. Statements about the Companys or managements plans,
intentions, expectations, beliefs, estimates, predictions, or similar expressions for the future
are forward-looking statements. No assurance can be given that the outcomes of these
forward-looking statements will be realized, and actual results could differ materially from those
expressed as a result of various factors. A discussion of these factors, including risks and
uncertainties, is set forth from time to time in the Companys filings with the U.S. Securities and
Exchange Commission.
 
 For Investors:
    
    Lee M. Ahlstrom, Vice President  Investor Relations and Planning,Noble Drilling Services Inc., 281-276-6440For Media:
    
    John S. Breed, Director of Corporate Communications,Noble Drilling Services Inc., 281-276-6729