alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

TECH PHARMACY SERVICES, LLC,

Plaintiff-Cross-Appellant

v.

ALIXA RX LLC, GOLDEN GATE NATIONAL 

SENIOR CARE, DBA GOLDEN LIVINGCENTERS, 

FILLMORE CAPITAL PARTNERS, LLC,

Defendants-Appellants

FILLMORE STRATEGIC INVESTORS, LLC, 

FILLMORE STRATEGIC MANAGEMENT, LLC,

Defendants

______________________

2019-1488, 2019-1489

______________________

Appeals from the United States District Court for the 

Eastern District of Texas in No. 4:15-cv-00766-ALM, Judge 

Amos L. Mazzant, III.

______________________

JUDGMENT

______________________

JESSICA LYNN ELLSWORTH, Hogan Lovells US LLP, 

Washington, DC, argued for plaintiff-cross-appellant. Also 

represented by KIRTI DATLA; MARIA WYCKOFF BOYCE, S.

LEE WHITESELL, Houston, TX; THOMAS SCHMIDT, New 

Case: 19-1488 Document: 80 Page: 1 Filed: 06/03/2020
York, NY. 

 THOMAS M. MELSHEIMER, Winston & Strawn LLP, Dallas, TX, argued for defendants-appellants. Also represented by MICHAEL A. BITTNER, MICHAEL B. JOHNSON.

 ______________________

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED:

 PER CURIAM (REYNA, SCHALL, and STOLL, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

June 3, 2020 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 19-1488 Document: 80 Page: 2 Filed: 06/03/2020
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           8,932
<SECURITIES>                                         0
<RECEIVABLES>                                  211,067
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                               219,999
<PP&E>                                       5,881,534
<DEPRECIATION>                               1,860,876
<TOTAL-ASSETS>                               4,835,421
<CURRENT-LIABILITIES>                           17,842
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
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<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 4,835,421
<SALES>                                        270,028
<TOTAL-REVENUES>                               272,285
<CGS>                                          211,623
<TOTAL-COSTS>                                  211,623
<OTHER-EXPENSES>                                42,245
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 18,417
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             18,417
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    18,417
<EPS-PRIMARY>                                        0
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</TABLE>
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
  (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 results of operations of the Company.
 /s/ RAÚL ALARCÓN, JR.Name:
    
    Raúl Alarcón, Jr.Title:
    
    Chairman of the Board of Directors,President and Chief Executive Officer
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated balance sheet as of September 30, 2000 and the consolidated
statement of earnings for the year ended September 30, 2000 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>

<S>                                        <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               SEP-30-2000
<CASH>                                         114,637
<SECURITIES>                                       314
<RECEIVABLES>                                  164,342
<ALLOWANCES>                                    10,135
<INVENTORY>                                    445,257
<CURRENT-ASSETS>                               740,537
<PP&E>                                         451,428
<DEPRECIATION>                                 211,337
<TOTAL-ASSETS>                               1,389,819
<CURRENT-LIABILITIES>                          340,789
<BONDS>                                        340,948
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,031
<OTHER-SE>                                     621,450
<TOTAL-LIABILITY-AND-EQUITY>                 1,389,819
<SALES>                                      2,247,163
<TOTAL-REVENUES>                             2,247,163
<CGS>                                        1,105,750
<TOTAL-COSTS>                                1,105,750
<OTHER-EXPENSES>                               977,180
<LOSS-PROVISION>                                 4,337
<INTEREST-EXPENSE>                              23,747
<INCOME-PRETAX>                                154,281
<INCOME-TAX>                                    51,097
<INCOME-CONTINUING>                            103,184
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   103,184
<EPS-BASIC>                                       1.85
<EPS-DILUTED>                                     1.83


</TABLE>
```

[Congressional Record Volume 154, Number 177 (Thursday, November 20, 2008)]
[Extensions of Remarks]
[Page E2325]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                     TRIBUTE TO MR. WILLIAM JOHNSON

                                 ______
                                 

                            HON. FRED UPTON

                              of michigan

                    in the house of representatives

                      Thursday, November 20, 2008

  Mr. UPTON. Madam Speaker, I rise today to pay special tribute to Mr. 
William Johnson of St. Joseph, Michigan. An accomplished businessman 
and community leader, Bill Johnson is retiring from the board of 
directors of Lakeland Health Care after more than 33 years of service.
  During that time he has led Lakeland through a period of phenomenal 
growth, with the construction of new facilities, the addition of state-
of-the-art equipment, and many awards for quality health care. 
Beginning back in 1975, Bill Johnson has used his leadership and team 
building skills to implement hospital mergers, build model care 
programs, and develop world-class community health initiatives. Since 
1993, Bill Johnson has served as the chairman of the Lakeland Health 
Care Board, and he leaves a legacy that will shape health care in 
southwest Michigan for years to come.
  Bill Johnson was born in Lincoln, Illinois, and graduated from the 
University of Illinois. He served his country as a first lieutenant and 
company commander in the United States Army.
  Following that service to his country, he became an innovative and 
respected business leader. He was president of Heath Company, vice 
president of strategic alliances for Zenith Data Systems, and even 
after his retirement, he came back as chief operating officer for Gast 
Manufacturing Corporation.
  He brought his business experience and entrepreneurial flair to 
Lakeland Health Care and to a number of other community organizations. 
And while Bill Johnson formally steps down as the chairman of the 
board, we all know he will continue to be involved in the community he 
loves. He and his wife Patt and family are true cornerstones of our 
corner of Michigan.

                          ____________________
```
#### STATE v. EDWARD DOZIER.

Breaking and entering a store-house, with an intent to steal the goods, &c., therein, is not a criminal offence at common law; and there is no statute in this State making such act a crime.

INDICTMENT for breaking, &c., a store house, with intent to steal therefrom, tried in Graven county at the Fall Term, 1874, of the Superior Court, before his Honor, Judge *8eymov/r.*

The defendant was convicted on the following indictment, to-wit:

“The jurors,” &e., “present, that Edward Dozier, late of Craven county, on the 20th day of September, A. D. 1874, with force and arms, at and in said county, about the hour of 10 o’clock in the night time of the same day, the store house of Washington Spivy, there situate, unlawfully and wickedly did break, with an intent to steal, the same store house to enter and the goods and chattels of the said Washington Spivy, in the said store house then and tiiere being, then and there feloniously to steal, take and carry away, contrary to law, and against the peace and dignity of the State.”

Being convicted, the defendant moved in arrest of judgment, upon the ground that the indictment was insufficient in law :

(1.) Because no such offence as “ an intent to steal” is known to the common, or our statute law.

*118(2.) That the breaking in the store house was a distinct act from his conduct after he had entered ; and hence no inference could be drawn from that act as to his intentions after he had entered.

(3.) That there is a difference between an intent to do a thing and an attempt: *Hence,*if the defendant had attempted to steal after he had broken in, and had been prevented from so doing by the owner of the store house, he would have been guilty at common law. But as he made no such attempt to-steal, it was submitted, that the indictment charged no offence known to our law.

His Plonor refusing the motion the defendant appealed.

*Stevenson,*for the defendant.

*Hargrove,*Attorney General, for the State.

ByNum, J.

The defendant is indicted for breaking and entering the store house of Washington Spivy, with the intent to steal the goods and chattels of the said Spivy therein ; and the indictment concludes at common law.

This was not a criminal offence, at common law, and there is no statute of this State making it a crime. By 24 and 25 Yict., chap. 96, sec. 58, it is made a misdemeanor in England in any one who shall be found by night, armed with any dangerous or offensive weapon, with intent to break or enter a dwelling or other building whatsoever, and to commit a felony therein, or who shall be found by night, having in his possession, without lawful excuse, any pick-lock, key, bit or other implement of house breaking; or who shall be found by night, in any such building, *with intent to commit any felony therein.*Roscoe Crim. Ev., 321.

Whether an obvious defect in the law, should not be supplied by some similar statute in this State, is a matter for the consideration of the Legislature.

There is error.

Pek CukiaM.

Judgment reversed.
COURT OF APPEALS OF VIRGINIA

Present: Judges Humphreys, Huff and Senior Judge Clements

JOHN E. VENABLE

MEMORANDUM OPINION*

v. Record No. 0395-12-2 PER CURIAM

JULY 17, 2012

S & M BRANDS, INC. AND

 COMMERCE & INDUSTRY INSURANCE COMPANY

FROM THE VIRGINIA WORKERS’ COMPENSATION COMMISSION 

(W. Barry Montgomery; Kalbaugh, Pfund & Messersmith, on brief), 

for appellant.

(Adam S. Rafal; Lisa L. Thatch; Vandeventer Black LLP, on brief),

for appellees.

John E. Venable (hereinafter “claimant”) appeals a decision of the Workers’ 

Compensation Commission finding he did not suffer a compensable spinal injury as a result of 

his work-related accident and in finding that his spinal surgery and related medical expenses 

were not the result of his work-related accident. Claimant also appeals the commission’s 

decision finding that Drs. Paul Keetae Kim and John Welshofer, as well as Trinity Medical 

Center, were not his authorized treating or attending physicians. We have reviewed the record 

and the commission’s opinion and find that this appeal is without merit. Accordingly, we affirm 

for the reasons stated by the commission in its final opinion. See Venable v. S&M Brands, Inc., 

VWC File No. VA00000055389 (Feb. 2, 2012). We dispense with oral argument and summarily 

affirm because the facts and legal contentions are adequately presented in the materials before 

the Court and argument would not aid the decisional process. See Code § 17.1-403; Rule 5A:27.

Affirmed.

 * Pursuant to Code § 17.1-413, this opinion is not designated for publication.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000059440
<NAME> Vector Group Ltd.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         153,294
<SECURITIES>                                    45,465
<RECEIVABLES>                                   31,796
<ALLOWANCES>                                         0
<INVENTORY>                                     30,841
<CURRENT-ASSETS>                               282,137
<PP&E>                                          88,046
<DEPRECIATION>                                 (40,484)
<TOTAL-ASSETS>                                 443,900
<CURRENT-LIABILITIES>                          149,882
<BONDS>                                         38,982
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,567
<OTHER-SE>                                       6,231
<TOTAL-LIABILITY-AND-EQUITY>                   443,900
<SALES>                                        563,520
<TOTAL-REVENUES>                               565,889
<CGS>                                          213,004
<TOTAL-COSTS>                                 (538,614)
<OTHER-EXPENSES>                               262,781
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (29,643)
<INCOME-PRETAX>                                260,413
<INCOME-TAX>                                    78,853
<INCOME-CONTINUING>                            162,281
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                 (2,652)
<CHANGES>                                            0
<NET-INCOME>                                   159,629
<EPS-BASIC>                                       6.83
<EPS-DILUTED>                                     5.73


</TABLE>
```

[Congressional Record Volume 155, Number 2 (Wednesday, January 7, 2009)]
[Daily Digest]
[Page D9]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

Committee Meetings
(Committees not listed did not meet)
  No committee meetings were held.
```
# Official Journal L 126/2023

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 126 |
| | |
| English edition | Legislation | Volume 6612 May 2023 |

ISSN 1977-0677

Official Journal

of the European Union

L 126

English edition

Legislation

Volume 6612 May 2023

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Implementing Regulation (EU) 2023/942 of 8 May 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2023/943 of 11 May 2023 authorising the placing on the market of cellobiose as a novel food and amending Implementing Regulation (EU) 2017/2470 (
  1
  ) | 41 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Implementing Regulation (EU) 2023/942 of 8 May 2023 amending Annex I to Implementing Regulation (EU) 2023/594 laying down special control measures for African swine fever (
  1
  )

1

1

*

Commission Implementing Regulation (EU) 2023/943 of 11 May 2023 authorising the placing on the market of cellobiose as a novel food and amending Implementing Regulation (EU) 2017/2470 (
  1
  )

1

41

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
```

[Congressional Record Volume 155, Number 4 (Friday, January 9, 2009)]
[House]
[Page H95]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE

  The SPEAKER pro tempore (Ms. Tsongas). Pursuant to clause 8 of rule 
XX, the Chair will postpone further proceedings today on motions to 
suspend the rules on which a recorded vote or the yeas and nays are 
ordered, or on which the vote is objected to under clause 6 of rule XX.
  Record votes on postponed questions will be taken later today.

                          ____________________
```
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 12 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
H. J. RES. 12

    Proposing an amendment to the Constitution of the United States 
   prohibiting the United States Government from increasing its debt 
 except for a specific purpose by law adopted by three-fourths of the 
                 membership of each House of Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2017

  Mr. McClintock (for himself, Mr. Wilson of South Carolina, and Mr. 
  Duncan of South Carolina) submitted the following joint resolution; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Proposing an amendment to the Constitution of the United States 
   prohibiting the United States Government from increasing its debt 
 except for a specific purpose by law adopted by three-fourths of the 
                 membership of each House of Congress.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled   (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission for ratification:

                              ``Article--

    ``Section 1. The United States government may not increase its debt 
except for a specific purpose by law adopted by three-fourths of the 
membership of each House of Congress.
    ``Section 2. This article shall take effect beginning ten years 
after its ratification.''.
                                 <all>
```
#### Krause, Respondent, vs. Arnold, Administrator, Appellant.

*January 19*

February *13, 1917.*

*Bills and notes: Certificate of deposit: Ownership: Evidence.*

A finding by the trial court to the effect that a certificate of deposit had been indorsed by the depositor (since deceased) and turned over to plaintiff as compensation for her services, is *held*not to be contrary to a clear preponderance of the evidence.

Appeal from a judgment of the circuit court for Eau Claire county: James Wickham, Circuit Judge.

*Affirmed.*

Action to recover on a certificate of deposit for $1,500, issued to W. E. Bailey by the Lumbermen’s National Bank of Chippewa Falls, Wisconsin.

Mr. Bailey died before the action was commenced and defendant, Arnold, was duly appointed administrator of his estate and was interpleaded as a defendant. The money was paid into court and the issue as to whether plaintiff or the administrator was entitled thereto was litigated between them, resulting in findings that plaintiff was the owner of the certificate and entitled to recover. Judgment was entered accordingly and the administrator appealed.

*Fred Arnold*of Eau Claire, for the appellant.

For the respondent there was a brief by *Sturdevant & Farr*of Eau Claire, and oral argument by *L. M. Sturdevant.*

Marshall, J.

The sole question in this case was one of fact. That was whether Mr. Bailey indorsed and turned the certificate of deposit over to plaintiff for services. There was evidence to the effect that she was his confidential clerk for some sixteen years, and as such largely had charge of his papers, assisted him in much literary.work as a typewriter and stenographer, and otherwise, and did much to take care of him in sickness, which services, in the whole, were not performed gratuitously and were reasonably worth $100 per year. There was further evidence to the effect that the sig*159nature on the 'back of tbe certificate was that of Mr. Bailey; that he indorsed his name thereon several months before his death and delivered it to plaintiff, on services; that shortly before his death he declared that he indorsed the certificate and that it was her property. There was no direct evidence to the contrary of this and no conclusive controverting circumstances. It is not thought best to refer to the evidence in detail. It has been carefully examined resulting in a conviction that no sound basis can be found in the record for holding that the circuit judge’s conclusions are contrary to the clear preponderance of the evidence. The judgment must therefore be affirmed.

*By the Court.*— Judgment is affirmed.
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 Alaska Airlines, Inc. (the Company) on
Form 10-K for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Bradley D. Tilden, 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, that:



(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and



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



|   |  |                        
|-- |  | -----------------------
|By |  | /S/ Bradley D. Tilden  
|   |  | Bradley D. Tilden      
|   |  | Chief Financial Officer
|   |  | February 17, 2006