alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 1953** 

JUDY SMITH , Plaintiff

– Appellant ,

v. DEPARTMENT OF VETERANS AFFAIRS; JAMES B. PEAKE, Secretary of Affairs; ERIC K. SHINSEKI , Defendant s - Appellees

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. Catherine C. Eagles , District Judge. ( 1:08

- cv - 00272

- CCE

- WWD )

Submitted : January 26, 2012 Decided: February 14, 2012

Before KI NG and DUNCAN , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion

. Judy Smith, Appellant Pro Se. Joan Brodish Binkley, Assistant United States Attorney, Greensboro, North Carolina, for Appellees.
Unpublis hed opinions are not binding precedent in this circuit.2 PER CURIAM: Judy Smith appeals the district court ’ s order accepting the report of the magistrate judge and granting summary judgment to the Defendant in this employment discrimination action . The d istrict court referred this case to a magistrate judge pursuant to 28 U.S.C. A. § 636(b)(1)(B) ( West 200 6 & Supp. 2011 ). The magistrate judge recommended that relief be denied and advised Smith that failure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The timely filing of specific objections to a magistrate judge ’ s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Smith has waived appellate review by failing to timely file objections after receiving p roper notice. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials3 before the court and argument would not aid the decisional
process.

AFFIRMED
I 

\ 

. ' \ 

J)to .. 8amual S. Wiliut 

l Cam.pbelton Circle 

f:'illceton, Kev Jersey 

Dear 8e.l'I t 

REF ID:A64009 

'l?bAnk fOU vary much tor your note ot 20 Decenber. I realise that. 

Jl)U wrote it Ullder a conaiderabl• handicap 11' you pi.eked up •c:im& .ort 

of & 'bug in Waah112gton, for I'a Ju.at pttixlg over• :rather d.itt1cult 

ti.ms vi th it. JQ'Hlt • 

l thought 1 • d bave your ~ typed up ud enclose herelli th a 

aop;y thereof. The awaater )'OU got 1• ott a bit, it M8lD8 quite clear, 

becauee at a rat.ner •1mple but unf'crtunate error U1 ari tlwatio. WOOn 

1ou llW.tiplied (.06)(.09)(.o6)(.10)(.02) ~pit doVn the auver u 

648x10 .. 10 when 1t should. have been b4aoic10-10. 

1'b.e proper correction baa been me.de, bowver, &Cd unles$ ;you 

Gould w.nt to ao 1Ato th1• v1 th tu.rt.her retimm&nt 1 4on' t bother 

with it at all. '1'he correction, I take it, would. lead )'OU to v1•h 

to .mdity ;your atatement ult the word MCOJJ were aatua1l¥ tound 1n 

this •earch, I voul.4 reprd it as a aigni:ticant .vent," ~or the lover 

l:tmit 11 nov.OJ.3 1natead at .. 0013. Kowve:r, 1hould. ;you wiah to write 

• further, 1lhy not eonaid.er the 100,000 llnoa ae being in tho tom 

ot a circular •CI"Oll,. ao that 10\1 could COIU!lider the probab1l1t)' that 

IA.CON v1ll appear 1D •pt.Ce• l-5,, i-6, 3 .. 7, ••• up to 99,996 .. 100,000, 

i9199'1-l,' 99,998-2, 991999-31 and 100,000 .. 4- In 8hort )"OU COUld 

OQJUlider the~ being a total ot 100,000 places for ~ 'WOrd to appear ~dot 99;996· ot courea, thi• latter atiawant cannot bo •trictl,y 

true,, 'beca.uae 111ppoae tba word JACOK bappena to appear in apacee l-5.J 

"hen obv!oual,y it cannot appsar 111 •ie.cee 2..6, l-7, 4...S, nor 5-9· Bu.t 

tar 'l!J¥ ~· perba.pe ODa lbould dllrep.rd this excluaivit~ tact.or 

u4 Just ~ that ve v1ll UllUJDIJ there are 100,000 apacea in W.ich the 

VON !ACOlf cQuld. appear. lt mkee the calculation a bit u.aier. 

Vba.t bapP.nt, nov, it (like most ot the la.coniana) I ~ tbat 

11\t »tft!!t!tlon or the tive letter• A, I, c, •, &IJd. o vUl be counted 

p ·an &~e ot the vord IACOK'l dtlvioUel.y, tho probab:l.lit;y &oe• 

up bf • -factor or 12>, ao tbat the chances at tindiua JACOB or llOD19 

1'.tlilltatton or A, I, o, w, am. O are much better now than before. ot ~ It ll find. mny- :IA.COMB'' 'that 1141. I 1 ll tind nllW)" more, al10, 1L 

lfaalliJVe4 to jug1- ._,permutation &Xld ccd>ination tst these five 

i.ttera, •uch· u IA. an4. CONJ or il, 0!1 and CJ or :B, AC, and. HO, .tc, 

tt<:. 

\. (l\pproved f~r Rel~iise by NSA on 07-09-2014 pursuant to E .0. 13528 ; 
ft 

., 

I 

I 

\ 

----- , __ .~F ._lD :A64009 

k ~~~. - . .. 1• •• I= 

Vell, don•~ lMt • trouble you with auab tptculations. What 1 

OUlht to 4o 1• pt out a little b&n4'book on pro'ba\>1llty ad atati•tica 

tor lbake•ptara-keon ¢rypt;ographer•l 

Vith 'Mat riebe• w JOU tor the lev Year Ad Vith niWn.ted 

~' Iu, 

DCLi 

... ,. 

..
<PAGE>
 
                                                                      EXHIBIT 11
                                                                      ----------
                                                                                
                          TOMMY HILFIGER CORPORATION
                 COMPUTATION OF NET INCOME PER ORDINARY SHARE
                   (in thousands, except per share amounts)
                                        

<TABLE>
<CAPTION>
                                                      Year Ended       Year Ended       Year Ended
                                                       March 31,        March 31,        March 31,      
                                                         1998             1997             1996 
                                                         ----             ----             ----
<S>                                                   <C>              <C>              <C> 
FINANCIAL STATEMENT PRESENTATION
BASIC

Weighted average shares outstanding................      37,374          37,059            35,767
                                                       ========         =======           =======
Net Income.........................................    $113,180         $86,382           $61,500
                                                       ========         =======           =======
Per Share Amount...................................    $   3.03         $  2.33           $  1.72
                                                       ========         =======           =======
DILUTED                                                                                          
                                                                                                 
Weighted average shares outstanding................      37,374          37,059            35,767
                                                                                                 
Net effect of dilutive stock options based on the                                                
treasury stock method using average market price...         512             826             1,474
                                                       --------         -------           -------
Total..............................................      37,886          37,885            37,241
                                                       ========         =======           =======
Net Income.........................................    $113,180         $86,382           $61,500
                                                       ========         =======           =======
Per Share Amount...................................    $   2.99         $  2.28           $  1.65
                                                       ========         =======           =======
</TABLE>
... 

.e 

Dr .. B&s!l·•nl7 

5059 Sed&V1ck street, n. w. W~ehtnston 16, D. c •. 

Deap D!t. lanlyt . -. 

REF ID: A699_J& 

-.., 

. . . 

11 ~J 1945 

. ·. 

- .. '' I I 

Thank 7ou very much tor·1our letter or t1a1.a.· 

I knew t?lat .John had written.& couple of p&per& about Poe- but I have never aeen ~h••· I voUld be ve~y 

-glad to aee them 1n v1elf'. or. tbe t~ct·· tba.t an article or 

a1ne on Poe vae l>Ublisbed a numbe~ ot_ 7eara ago in · - Ame~1c~n Literature, and' more recently another Brt1cle 

by a. chap at Pzi1nceton·a1ao &bout .. Poe a.a a crntogra)lbe:r appeal'ed 1n soma •:>tha:r 11tere.r7 journal. · 

I am quite sure that ~either or Jcbn 1a articles 

bas bean published because I am quite .tam111ar ·V1th the _ 11teratlil'e and I would bav• come acroea tbem. 

I am 801'1'1' tba t JOU 41d not· t1nd an7th1ng 1n tb.e . vay or an article ahout Jet.terson•a dRv1ce, -because that 

1• reall7 'Vbat 1 bad hoped vould turn up. 

xr·7ou aand ma the Poe art1cle1, I- v111 take good 

care ot them an4.a~e tbat 1011 get th,m b&~k. 

Bea1procat1n.g 7our greetiilgs 6 I am 

81.noerelJ :v~••, · _ 

·William P. h1ednan 

@'pproved for Release by NSA on 07-15-2014 pursuantto E_O_ 1352a ' . . . 

- . 

-· 
• REF ID:A69999 

JBAliiilB:1J .. l't'.!IAND'.Y 

~· ASIElnl~'G"B."GN. JD. C. 

(16) 

Dear Mr. Friedman: 

I have looked through the box ot John's papers 

and find only t110 art.icles relating to ciphers. One 

is a 6-page article - ''What Did Poe Know About 

Cr;yptograptJT?n. The other is a 24-page art.icle 

''Edgar Poe As Cipher Expert.." 

I am not sure whether either of these articles 

has been published. It .rou would like to aee them, 

let me know and I will be glad to lend them to ,you. 

With best regards, 

Mr. William. F. Friedman, 

3932 Military Road, N. w. 

Washington, D. C. 

Sincere:t.r yours,, 

(LJ_ lLty
<PAGE>


                                    Exhibit 3

                            Form of Joint Instruction


                                                       Date: ___________________

David B. Pudlin, Esquire
President
Hangley Aronchick Segal & Pudlin,
One Logan Square -- 27th Floor
Philadelphia, PA 19109

Ladies and Gentlemen:

         Pursuant to Section 4(a) of that certain Escrow Agreement, dated March
2, 2001, by and among Westvaco Brand Security, Inc., a Delaware corporation (the
"Licensee"), Nocopi Technologies, Inc., a Maryland corporation (the "Licensor")
and the law firm of Hangley Aronchick Segal & Pudlin, a professional corporation
("HAS&P"), the Licensee and the Licensor hereby jointly notify you that the
Escrow Materials shall be disposed of as follows:

         [insert agreed upon instructions for delivery]

         This joint instruction may be executed in counterparts.

                                   Sincerely,

                                   WESTVACO BRAND SECURITY, INC.


                                   By:
                                      ------------------------------------------
                                      Name:
                                      Title:


                                   NOCOPI TECHNOLOGIES, INC.


                                   By:
                                      ------------------------------------------
                                      Name:
                                      Title:
Exhibit 31.02



CERTIFICATIONS



I, Keith G. Frey, certify that:



1. I have reviewed this annual report on Form 10-K of Occupational Health + Rehabilitation Inc;



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;



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 registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b) Evaluated the effectiveness of the
registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



(c) Disclosed in this report any change in
the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



(a) All significant deficiencies and material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



(b) Any fraud, whether or not material, that involves management or other employees who have a significant
role in the registrants internal control over financial reporting.



March 31, 2005



|                                     
|-------------------------------------
|/s/    KEITH G. FREY                 
|Keith G. Frey Chief Financial Officer
<PAGE>

                                                                    Exhibit 15.1

                          LETTER RE UNAUDITED INTERIM
                             FINANCIAL INFORMATION

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


Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, DC  20549

  Re:  NSTAR Registration on Form S-8

  We are aware that our report dated July 22, 1999 on our review of the
interim financial information of BEC Energy as of June 30, 1999 and for the
period then ended, included in the Company's quarterly report on Form 10-Q for
the quarter then ended, is incorporated by reference in this Registration
Statement.  Pursuant to Rule 436(c) under the Securities Act of 1933 this report
should not be considered a part of the registration statement prepared or
certified by us within the meaning of Sections 7 and 11 of the Act.

                        /s/ PricewaterhouseCoopers LLP
                        ------------------------------
                        PRICEWATERHOUSECOOPERS LLP


August 17, 1999
**Exhibit 31.2**

 

I, Frank Cesario, certify that: 

 

1. I have reviewed this annual report on Form 10-K/A of ISCO International, Inc.; 

 

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state amaterial 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 annual report; 

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report; 

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15(d)-15(e) for the registrant and have: 

 

a. designed such disclosure controls and procedures or caused such disclosure controls and procedures to be designed under our supervision to ensure thatmaterial information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared; 

 

b. evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this annual report based on such evaluation; 

 

c. disclosed by this annual report any change in the registrant’sinternal control over financial reporting that occurred during the registrant’s most recent fiscal quarter that was materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financialreporting; and 

 

5. The registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the Audit Committee of the registrant’s board of directors (or persons performing theequivalent functions): 

 

a. all significant deficiencies andmaterial weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

b. any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control over financial reporting.
Exhibit 32.2

                          SECTION 906 CFO CERTIFICATION

In connection with the filing of this Annual Report of Hibshman Optical Corp.
(the "Company") on Form 10-KSB for the period ended December 31, 2003 with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Carmine
Catizone, Treasurer and Chief Financial Officer, certify, pursuant to 18 U.S.C.
as. 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 result of operations of the Company.



                                       /s/ CARMINE CATIZONE
                                       -----------------------------------------
                                       Name:   Carmine Catizone
                                       Title:  Treasurer and Chief Financial
                                               Officer
                                       Date:   March 22, 2004


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

                                       30
Exhibit
32.2




CERTIFICATION
OF CHIEF FINANCIAL OFFICER





Pursuant
to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350)





I, Harold E. Antonson, as the Executive
Vice President and Chief Financial Officer of US 1 Industries, Inc., certify
that, to the best of my knowledge and belief,  the Quarterly Report on
Form 10-Q for the period ended June 30, 2010, which accompanies this
certification fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and the information contained in the periodic
report fairly presents, in all material respects, the financial condition and
results of operations of US 1 Industries, Inc. at the dates and for the periods
indicated.  The foregoing certification is made pursuant to § 906 of
the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon
for any other purpose.  The undersigned expressly disclaims any
obligation to update the foregoing certification except as required by
law.




Dated
      this 9th day of August 2010./s/ Harold E. AntonsonHarold
      E. AntonsonChief
      Financial
Officer




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 required
by Section 906, has been provided to US 1 Industries, Inc. and will be retained
by US 1 Industries, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.
. -

.,. .. - t· REF ID:A6650?° 

• • 

. . . • ... ~q 

-Coloael WilJ:fM ·~ BM9all~ Jr.·· 

Depa.rta•t. of Katl'lea ~ce 

Ulaited tJtates Hilitar.J Aald4a7 

w .. t .Point.1 law Yolk. 

Dear' COlaM1. Bu..U.1 

' - . . 

BeMipt, ·or 70u.r Jatkr ot 22 April 19S2 :1s Mtaodedpd. I o ' ' ~ 

I aa glad to l~am that 110 bani. will come. t.o Jia _it I run -. bit onr 

an bolll' 1a t.alting. abou.t the Bacon-~bakaspeare·i•••· I·• a bit cbalJ'iMd 

that. I did not .a1111eat. a aore appiapriate t.i~ tor 'tbe \aa1 si.n8e tbue 

are prob&Ql.7 JIWl1' persons who regard. :t;hat. aa a d-4 iuue and of DD interest.- H•eYert- I hope to am.a, it not reecuaitate, ~corpse. It 1111)1\ 

baV• bean btit.ter t.o nave augu\ed as a t.1 t.le •.i crnw• 79t loots at. . 

11~, .. • because I .hope t.bat. by the t.1.m I reach the end ot ti. talk I 

abaJl have graclua.ll.7 trauported rq llsteners boa the Hlid ?'8&la or . s_~pearean-writ.ing to-~- ethereal str&to•phere. ot •modem Yerae.'.' 

- . In int.rod'IX'illl me. I. ~t you will be guid.911 b7 SS desil"e tor : · 

brev1v - I need the tUe JQMJts You might. iJdinw •r•lJ' tbat I haY• 

been in this •racket• (as G-.eral C&Jlin• calla it) over 3S years • lOll&W 

than any0od7 else in the united St.ates am :pOaa~ in t.he whole 111:>rlAJ 

tnat JQ' active pa,Mricipat1on 1n tho CrJptologi.c field. botih as a eiYilia 

·•ploJae and a COlmia1oned officer 1D the u.s • .ll'aJ'• extend• thJ'ouP t• 

•raJ th&'\ tor 91 cOntri.but.ion to the wiDn1Dg ot' World War II, I_. --a · the tirat to receive the Medal tor Merit (onq about. 250 auch &w.rd.9 haft 

bem granted :dnce the Cll'der was estulieMd ~ a~· ~ashingtou); _. · · 

t.'hat .!Dae of sr coll~a nter to• as "I......,.. Friedman" ·becauae I 

·.haft liftd 'Ulrcugh t.lle. Battle ot w .. hi.Dgton tor 110 l.ollc, a .in goocl hMltll · 

ad apparentq still in run poue•aion ot '17 tanl.ti.• - a\ least to a 

depee auttu1ani to pendt. Sl7 oceap11D& ta. ottteial poaitlon .of . 

CODSUlt&\ t.o tbe Direetor of the Amed Fora .. ~ui\.7 Agency~ an orpa.. 

1sa.tim \IJ¥ler the Joint- Chie.ts et s~t. ~ IKtN 70u wish to adll 

rioa rq pwamal ll1sto17 in '-r1can Man ot Sciaae· or in Wbota Wbo ,1a 

Aaerica, 7011 will add at,· your oa. rilk. · · .. 

It vu ~st court.ous of Colooi?l and· Mrs. 'Nicholas \o i.IZYite ma ~ .. be tlieir bo•e-cue•t am I• witing them oL "'I' aonp"-:le with phlasure• . ' . ' . . 

Look:l,ng to~. tO an. 1n...__\1Dg ~- ua~ Y18'1'• I •• . 

. Sineera1.J' t 

... · .. 

. .·· 

. ', 

_ - W .F ~Friedman/eby/28 .Apr· 52 _ ·.· · - · Consultant EXt. :$0493 -· · · '• 

" .. 

roved for Release b NS on 11-22-2013 ursuantto E .0. 1352