alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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 circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 1, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-31176

Summary Calendar

 

HARRY L. SHOEMAKER III,

Plaintiff-Appellant,

versus

FIRST LEVEL CAPITAL, INC.,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:04-CV-1465

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

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

In October 2002, Harry L. Shoemaker, III (hereinafter,

“Shoemaker”) filed an arbitration claim with the National

Association of Security Dealers, Inc. (“NASD”) against First

Level Capital, Inc. (hereinafter, “First Level”) who had been

serving as his broker-dealer. Shoemaker brought several

allegations against First Level including breach of fiduciary

duty, breach of contract, fraud, respondeat superior, and gross

negligence. A two-day arbitration hearing in January 2004, in

which First Level contended that it had satisfied all of its 
No. 04-31176

-2-

duties to Shoemaker. Two weeks later, on January 27, 2004, the

arbitrators entered an award in Shoemaker’s favor in the amount

of $15,500, but the award did not otherwise specify either the

causes of action or the affirmative defenses involved in the

arbitration. First Level promptly sent Shoemaker a check for the

$15,500 award and the check was accepted and cashed by Shoemaker

on February 5, 2004. However, on April 15, 2004, Shoemaker filed

a motion to vacate the arbitration award in the Civil District

Court for the Parish of Orleans. First Level removed this state

court action to the U.S. District Court for the Eastern District

of Louisiana, alleging diversity of citizenship in that Shoemaker

was a citizen of Louisiana and First Level was a citizen of

Florida. First Level also submitted its response in opposition

to Shoemaker’s motion to vacate and after a period of four months

in which no significant action was taken, the district court

rendered its decision that Shoemaker’s pleadings were

insufficient to state a ground upon which the arbitration award

could be vacated. Shoemaker filed a motion for new trial and

reconsideration which was denied. Shoemaker now appeals to this

court.

We have carefully reviewed the briefs, the reply briefs, the

record excerpts, and relevant portions of the record itself. For

the reasons stated by the district court in its Memorandum Order

filed November 2, 2004, we affirm the decision of the district

court to dismiss Shoemaker’s claim for failure to state a claim

upon which relief can be granted and we affirm the district
No. 04-31176

-3-

court’s denial of Shoemaker’s motion for a new trial and

reconsideration. 

AFFIRMED.
### NUMBER 13-0 8-00 725- CR 

## CO UR T O F APP EAL S THI RTEENT H DI ST RI CT OF TE XAS CORPUS CHRI ST I - E DI NBURG

____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ D U AN E PH IL LI P RAN T H U M , Ap pe l l an t, v . TH E STAT E OF T EXAS, Appe lle e.

____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ On A ppea l from the 1 56th Di strict C ourt of L i v e Oa k C ou nty , T exas .

____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ MEM ORA ND UM OPIN ION Be fo re C hi ef

Ju sti ce V al de z a nd Ju sti ce s Y añ eza nd B en av i de s Mem ora ndum Opi nio n P er Cu ria m Appel lee , The S tate of T e xas , b y and throug h i ts attor ney , hasfil ed a moti on for involu ntar

y di smi ss a l o f

the appeal
. Appel lan t was sent enced to thi rty -five y ears i n the Tex as Dep artment of Cr imi nal Ju sti ce Ins ti tuti onal Div is ion for a g g ra v ated ass aul t. The Stat e’smoti on i s s uppor ted b y aff ida v it , s how ing thatappel lan t es caped from cu sto dy on

### 2

De c e m b e r 2 4 , 2 0 0 8 , a n d t h a ta p p e ll a n tre m a in s a tla rg e a n d h a s n o tre t u rn e d t o cu s t o d y. SeeT EX . R. A PP . P. 4 2.4. Appel lan t’ s c ounse l has not f il ed a re ply to the State’ s mot ion
. W ithou t passin g on th e me rits of the case , w e grant the mot ion to inv olun tari ly dismiss pursuantto Tex as Rul e of Appel lat e Procedu re 42.4 and dis mis s t he appe al.
PERC UR IAM
Do not p ubl is h. SeeT EX . R. A PP . P. 4 7.2( b)
. Me moran dum Opi nio n del iv ered and filed thi s t he 26t h day

of Febr uar

y , 200 9.
# L_2015185EN.01000401.xml

| 14.7.2015 | EN | Official Journal of the European Union | L 185/4 |
| --- | --- | --- | --- |

14.7.2015

EN

Official Journal of the European Union

L 185/4

---

COMMISSION IMPLEMENTING REGULATION (EU) 2015/1134

of 9 July 2015

entering a name in the register of protected designations of origin and protected geographical indications (กาแฟดอยตุง (Kafae Doi Tung) (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

1

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Thailand's application to register the name ‘กาแฟดอยตุง’ (Kafae Doi Tung) was published in the Official Journal of the European Union
   (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Thailand's application to register the name ‘กาแฟดอยตุง’ (Kafae Doi Tung) was published in the Official Journal of the European Union
   (2).

Official Journal of the European Union

2

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘กาแฟดอยตุง’ (Kafae Doi Tung) should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘กาแฟดอยตุง’ (Kafae Doi Tung) should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘กาแฟดอยตุง’ (Kafae Doi Tung) (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.8. — Other products listed in Annex I to the Treaty (spices, etc.), as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

3

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 9 July 2015.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission

---

(1)  OJ L 343, 14.12.2012, p. 1.

1

(2)  OJ C 48, 20.2.2014, p. 14.

2

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---
**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**

Inconnection with the quarterly report of Pharmaceutical Product Development, Inc. (“PPD”) on Form 10-Q for the period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the“Report”), I, Daniel G. Darazsdi, Chief Financial Officer of PPD, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 

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

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of PPD as of, andfor, the periods presented in the Report. 

Date: May 9, 2008
** EXHIBIT 15.1**

 

 

 

The Partners

Duke Realty Limited Partnership

 

 

 

 

Gentlemen:

 

RE:  Registration Statement Nos.333-108557-01 and 333-120492-01

 

With respect to the subject registration statements, we acknowledge ourawareness of the use therein of our report dated May 12, 2006, related to ourreview of interim financial information.

 

Pursuant to Rule 436(c) under the Securities Act of 1933, such reportis not considered a part of a registration statement prepared or certified byan accountant, or a report prepared or certified by an accountant within themeaning of sections 7 and 11 of the Act.

 

 

 

 

KPMG LLP

Indianapolis, Indiana

May 15, 2006

 

 

----
# Privacy Policy

## Breadcrumb

-  Home 
-  Privacy Policy 

Privacy Policy | USDA
Exhibit 15
----------



The Partners
Duke Realty Limited Partnership:




Gentlemen:

RE:  Registration Statement No. 333-04695, 333-49911 and 333-26845

With respect to the subject registration statement, we acknowledge
our awareness of the use therein of our report dated May 3, 1999
related to our review of interim financial information.

Pursuant to Rule 436(c) under the Securities Act of 1933, such
report is not considered a part of a registration statement prepared
or certified by an accountant, or a report prepared or certified by
an accountant within the meaning of sections 7 and 11 of the Act.




KPMG LLP
Indianapolis, Indiana
May 10, 1999
I 

115TH CONGRESS 

1ST SESSION H. R. 2021 

To amend the Internal Revenue Code of 1986 to repeal the limitation on 

the cover over of distilled spirits taxes to Puerto Rico and Virgin Islands. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Miss GONZA ́LEZ-COLO ́N of Puerto Rico (for herself, Mr. MACARTHUR, Mr. 

DUFFY, Ms. VELA ́ZQUEZ, Mr. YOUNG of Alaska, Mr. BANKS of Indiana, 

Ms. PLASKETT, and Mr. CURBELO of Florida) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to repeal 

the limitation on the cover over of distilled spirits taxes 

to Puerto Rico and Virgin Islands. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REPEAL OF LIMITATION ON COVER OVER OF 

4 DISTILLED SPIRITS TAXES TO PUERTO RICO 

5 AND VIRGIN ISLANDS. 

6 (a) IN GENERAL.—Section 7652 of the Internal Rev7 enue Code of 1986 is amended by striking subsection (f) 

8 and by redesignating subsections (g) and (h) as sub9 sections (f) and (g), respectively. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 2021 IH

1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to distilled spirits brought into the 

3 United States after December 31, 2016. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS
EXHIBIT 32.1



CERTIFICATIONS OF

CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

OF PAINCARE HOLDINGS, INC.

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 on Form 10-QSB of PainCare Holdings, Inc. (the Company) for the period ending September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), Randy Lubinsky, as Chief Executive Officer of the Company, and Mark Szporka, as Chief Financial and Accounting Officer of the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



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



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



|                                       
|---------------------------------------
|/s/ Randy Lubinsky                     
|Randy Lubinsky, Chief Executive Officer



Date: November 8, 2004



|                                                    
|----------------------------------------------------
|/s/ Mark Szporka                                    
|Mark Szporka, Chief Financial and Accounting Officer



Date: November 8, 2004







1
#### Kuester, Appellant, vs. Wisconsin Public Service Corporation, Respondent.

For the appellant: *Forkin & Adams*of Menasha, attorneys, and *Thomas C. Dwyer*of Green Bay of counsel.

For the respondent: *Everson, Ryan & Hanaway*of Green Bay.

*By the Court.*—

Judgment affirmed.
Exhibit 15



The Partners
Duke Realty Limited Partnership:




Gentlemen:

RE:  Registration Statement No. 33-61361, 333-04695, and 333-26845

With respect to the subject registration statement, we
acknowledge our awareness of the use therein of our report dated
May 5, 1998 related to our review of interim financial
information.

Pursuant to Rule 436(c) under the Securities Act of 1933, such
report is not considered a part of a registration statement
prepared or certified by an accountant, or a report prepared or
certified by an accountant within the meaning of sections 7 and
11 of the Act.




KPMG Peat Marwick LLP
Indianapolis, Indiana
May 11, 1998
EXHIBIT 23.1 CONSENT OF INDEPENDENT ACCOUNTANTS

 

We consent to the incorporation by reference in the registrationstatement of Zones, Inc. on form S-8 (File No. 333-87255), on our audits of theconsolidated financial statements of Zones, Inc. as of December 31, 2001 and2000, and for the years ended December 31, 2001, 2000 and 1999, which report isincorporated by reference in this Form 10-K.

 

 

PRICEWATERHOUSECOOPERS LLP

 

Seattle, Washington

 

February 26, 2002

 

 

 

 

----
<PAGE>

                                                                    EXHIBIT 32.2


                   CERTIFICATION OF PERIODIC FINANCIAL REPORT
                       PURSUANT TO 18 U.S.C. SECTION 1350


The undersigned officer of Hines Horticulture, Inc. (the "Company") hereby
certifies that the Company's quarterly report on Form 10-Q for the period ended
March 31, 2005 to which this certification is being furnished as an exhibit (the
"Report"), as filed with the Securities and Exchange Commission on the date
hereof, fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange
Act"), and that the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.


Date: May 16, 2005
                               /s/ CLAUDIA M. PIEROPAN
                               ------------------------------------------------
                               Claudia M. Pieropan
                               Chief Financial Officer, Secretary and Treasurer
                               (Principal Financial and Accounting Officer)
EXHIBIT 12.2  Section 302 of the Sarbanes-Oxley Act of 2002  CFO Certification  I, Dorothy G. Miller, certify that:  1. I have reviewed this amended transition report on Form 20-F of Kiska Metals Corporation.  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; and  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this report.   Date: November 24, 2010 Dorothy G. Miller Dorothy G. Miller Chief Financial Officer
# Pasture and Hay Planting (Ac.) (512) Conservation Practice Standard

## Breadcrumb

-  Home 
-  Resources 
-  Pasture and Hay Planting (Ac.) (512) Conservation Practice Standard 

Download the national conservation practice standard document and supporting documents for Pasture and Hay Planting (Ac.) (512).

## National Standard Document

NOTICE - National conservation practice standards should not be used to plan, design or install a conservation practice. To find these documents at the local level, visit our Field Office Technical Guide website.

Conservation Practice Name (Units) (Code) (Date Issued)

Pasture and Hay Planting (Ac.) (512) (10/2020) Standard Document(116.35 KB)

###   Supporting Documents

Pasture and Hay Planting (Ac.) (512) Overview(271.88 KB)

Pasture and Hay Planting (Ac.) (512) CPPE(25.94 KB)

Pasture and Hay Planting (Ac.) (512) Network Diagram(72.74 KB)

##   Additional Information

### Conservation Practice Standards

On this page find links to national conservation practice standards and supporting documents.
Learn More

### Conservation Practice Standards Information

Learn about the information provided in conservation practice standards and supporting documents, such as overviews, worksheets, and network effects diagrams.
Learn More
THE SECRETARY OF TRANSPORTATION 

WASHINGTON, DC 20590 

The Honorable Cedric B. Glover 

Mayor of Shreveport 

P.O. Box 31109 

Shreveport, LA 71180 

Dear Mayor Glover: 

September 5, 2.014 

Thank you for your lelter supporting the application submitted by the Shreveport Airport 

Authority for.a grant under the U.S. Department ofTransportation~s Small Community Air 

Service. Development Program. 

The Small Community Air Service Development Program was established to help smaller 

communities address air service deficiencies; .particularly issues related to high airfares and 

insufficient service. Under the stahtte, the Department may make. a 111aximurn of 40 grant 

awards each year, although no more than four may be to communities in the same State. To 

provide commW1ities with latitude in developing solutions to their air service deficiencies, the 

statute provides flexibility in the types ·.of air service development projects that can be funded. 

On June 30, the Department issued an order setting a deadline of July 31 for applications. As 

these grant requests are pending before the Department, I cannot comment on the merits ofany 

particular proposal. I assure you; however, that the Department v..~ll.give full and fair 

consideration to all proposals that have been properly filed. 

As is our standard practice, I am placing a copy of your letter and this response in Docket 

DOT-OST -2014-0113 as a contact outside the record of this matter. I appreciate, your interest in 

this program. 

Sincerely, 

~-, 

( '~ 

At1thony R. Foxx 
CEDRIC B. GLOVER 

MAVOf< 

July 27, 2014 

OFFICE OF THE MAYOR 

SHREVEPORT, LOUISIANA 

The Honorable Anthony Foxx 

Secretary. U.S. Department ofTransportation 

1:200 New Jersey Ave .. SE 

Washington DC :20590 

Dear Secretary Foxx: 

POS r OFFICE SOX 3 ! I OS 

SHREVEPORT. LA 71130 

t3181 673·5050/ •3181673-S099tFAXI 

Thank you for your consideration of the Shreveport Airport Authority's r~quest to expand 

air service through a new route to a hub in the Upper Midwest or East Coast region. 

The creation of this route is essential for the economic vitality of the region served by 

Shreveport Regional Airport. The gro\\ing economy of Northwest Louisiana. East Texas 

and Southwest Arkansas depends upon Shreveport Regional Airport to provide airline 

connections to/from the United States and to the \\orld. 

We at the city of Shreveport, along with our business members, would benefit greatly 

from new routes and more air travel options. The Shreveport Regional Airport is an 

important factor in our city's groY<th. development, and 0\erall health. 

I fully support the Shreveport Airport Authority's efforts to recruit additional air service 

on a new. currently un-served. route. The approval of Shreveport's Small Community Air 

Service Development grant request will help the region in meeting its needs for increased 

airline service. 

Thank you again for your consideration. 

Sincerel). 

~1-T--

Cedric B. Glover 

MAYOR
#### Nimmo, Executor of Wishart, v. The Commonwealth.

Saturday, October 17, 1807.

Executors — Plea of Plene Administravit — Judgment.*— If, oil an issue joined on tte plea of plene admin-istravit, the .1 ury find assets to a certain amount less than the plaintiff’s claim, judgment ought to "be entered for that amount only, (for which execution may issue immediately) and for the balance, when assets shall come to the defendant's hands.

*

See monographic *note*on “Executors and Administrators" appended to Rosser v. Depriest. 5 Gralt. 6.

See, citing the principal case, *foot-note*to Timberlake v. Benson. 2 Va. Gas. 348; Braxton v. Wood, 4 Gratt. 35.

This was an appeal from a judgment of •the General Court. Several points were made in argument; but the only circumstance on which the decision of this Court was founded, was that the plea having been “plene administravit” the judgment was entered against the appellant, as executor of Wishart, for the whole amount of the debt, which was 1,3681. 2s.; although the Jury found that the assets in his hands amounted to the sum of 4821. 13s. only. For this defect it was reversed; and this Court, proceeding to give such judgment as the General Court ought to have given, directed that the Commonwealth should have execution (the judgment being on a scire facias) for the said sum of 4821. 13s., with interest and damages thereupon, according to law, and the costs which accrued in the General Court; and for the farther sum of 8831. 9s., with interest and damages thereupon, when so much of the goods and chattels of his testator should come to the hands of the appellant to be administered.
Electronically Filed

Intermediate Court of Appeals

CAAP-17-0000047

09-FEB-2017

10:15 AM
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