alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SPACE NEEDLE, LLC, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Space Needle, LLC, Respondent.

No. 15-70520, No. 15-70630

United States Court of Appeals, Ninth Circuit.

Argued and Submitted June 8, 2017 Seattle, Washington

Filed June 13, 2017

William Tracy Grimm, Esquire, Attorney, Selena C. Smith, Attorney, Brian P. Lundgren, Davis Grimm Payne & Marra, Seattle, WA, for Petitioner

Linda Dreeben, Deputy Associate General Counsel, Joel Heller, Kira Dellinger Vol, NLRB—National Labor Relations Board, Washington, DC, for Respondent

Before: McKEOWN, CALLAHAN, and IKUTA, Circuit Judges.

MEMORANDUM *

Space Needle, LLC petitions for review, and the National Labor Relations Board (the “Board”) cross-petitions for enforcement, of the Board’s order finding that Space Needle violated Sections 8(a)(3) and (1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(3) and (1), by failing to recall servers Julia Dube and Tracey McCauley from layoff. We have jurisdiction under 29 U.S.C. § 160(e) and (f), and we affirm.

We are required to uphold the Board’s findings of fact if they are supported by substantial evidence. *E. Bay Auto. Council v. N.L.R.B.,*483 F.3d 628, 633 (9th Cir. 2007). “[I]nferenees drawn by the Board should not be replaced by our own, if the record supplies a reasonable basis to support those drawn by the Board.” *N.L.R.B. v. Winkel Motors, Inc.,*443 F.2d 38, 40 (9th Cir. 1971) (per curiam).

The standard of review drives our decision here. Based on the ALJ’s credibility determinations, the temporal sequence of events, the conduct of the parties, and the corroborating testimony, substantial evidence supported the ALJ’s conclusions *463that the Board made its prima facie showing that Dube’s protected activity was a substantial or motivating factor in the failure to recall Dube and McCauley and that Space Needle failed to demonstrate that it would have taken the same action regardless of Dube’s union activity. *Frankl ex rel. N.L.R.B. v. HTH Corp.,*693 F.3d 1051, 1062 (9th Cir. 2012).

Accordingly, Space Needle’s petition for review is DENIED and the Board’s cross-application for enforcement is GRANTED with respect to the matters addressed in this disposition.1

Each party shall pay its own costs on appeal.

*

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1

. On June 6, 2017, we granted the parties’ joint motion to dismiss all other issues raised in this appeal.
<TABLE>
<CAPTION>

   Schedule of Year-To-Date Principal and Interest Distributions
                           to
                  Certificateholders

                                                                              Ending
Class                  Interest              Principal       Losses           Balance
<S>             <C>                <C>            <C>           <C>
A-1                 12,776,602.42       8,170,238.34         0.00           393,829,761.66
A-2                 27,214,920.00               0.00         0.00           802,800,000.00
B                    3,148,091.10               0.00         0.00            90,854,000.00
C                    3,050,330.40               0.00         0.00            86,904,000.00
D                    2,218,390.20               0.00         0.00            63,202,000.00
E                    1,109,230.20               0.00         0.00            31,602,000.00
F                      632,987.52               0.00         0.00            19,750,000.00
G                      936,885.60               0.00         0.00            29,232,000.00
H                      329,153.52               0.00         0.00            10,270,000.00
J                       734297.58               0            0                 22911000
K                      253,195.02               0.00         0.00             7,900,000.00
L                       75,958.50               0.00         0.00             2,370,000.00
M                      329,196.00               0.00         0.00            10,271,326.00
R-I                          0.00               0.00         0.00                     0.00
R-II                       545.36               0            0                        0
R-III                        0.00               0.00         0.00                     0.00
X                    6,397,347.15               0.00         0.00                     0.00


</TABLE>
I 

118TH CONGRESS 

1ST SESSION H. R. 6400 

To amend title XVIII of the Social Security Act to extend eligibility for 

certain payment increases for biosimilar biological products under the 

Medicare program. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2023 

Mr. CA ́RDENAS introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to extend 

eligibility for certain payment increases for biosimilar 

biological products under the Medicare program. 

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

2 

•HR 6400 IH

1 SECTION 1. EXTENDING ELIGIBILITY FOR CERTAIN PAY2 MENT INCREASES FOR BIOSIMILAR BIOLOGI3 CAL PRODUCTS UNDER THE MEDICARE PRO4 GRAM. 

5 Section 1847A(b)(8)(B)(ii)(II) of the Social Security 

6 Act (42 U.S.C. 1395w–3a(b)(8)(B)(ii)(II)) is amended by 

7 striking ‘‘2027’’ and inserting ‘‘2032’’. 

Æ
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

RESEARCH TRIANGLE PARK, NC 27711 

Mr. Brandon Morrison 

England's Stove Works, Inc 

589 South Five Forks Road 

Monroe, VA 24574 

Dear Mr. Morrison, 

SEP 0 2 ZDJ4 

OFFICE OF 

AIR QUALITY PLANNING 

AND STANDARDS 

I am writing in response to a letter dated July 30, 2014, from your consultant Mark Champion (Heaerthlab 

Solutions, LLC) requesting the use of the new proposed test method for pellet heaters ASTM E2779-10 

Standard Test Method for Determining Pmticulate Matter Emissions from Pellet Heaters as an altemative 

to EPA Method 28 ( 40 CFR 60, Appendix A-8) as required under 40 CFR 60 Subpart AAA Standards of 

Performance for New Residential Wood Heaters. This altemative request is to be used for certification 

testing of two new pellet stove models developed by England's Stove Works, Inc located at 589 South 

Five Forks Road, Monroe, VA 24574. 

In the letter from Mark Champion, it mentions that you are aware that your request is being made after 

proposal and prior to promulgation of any amendments to Subpart AAA and that there is no guarantee 

that ASTM E2779-1 0 will be included in the final regulation. You also mention that under the current 

Subpart AAA, EPA has the authority to allow altemative test methods and that you are not aware of any 

negative concems regarding the use of ASTM E2770-1 0. 

Based on the information provided, we agree that using ASTM E2779-10 test method would be an 

acceptable and are therefore approving the use of ASTM E2779-10 as an altemative to EPA Method 28 

with the following limitation ASTM E2779-10 includes the use of ASTM E2515-11 Standard Test 

Method for Determination of Particulate Matter Emissions Collected by a Dilution Tunnel for the 

particulate matter measurement, but does not include an adjustment of the particulate matter emissions. 

Under the current Subpart AAA, the particulate matter emissions results for wood stoves and pellet 

heaters must be adjusted using Equation 5G-4 in Method 5G (40 CFR 60, Appendix A-3). When using 

ASTM E2779-l 0, you must adjust the particulate matter emissions results according to Equation 5G-4 of 

Method 5G and include the adjusted results as well as this approval in your certification test report. 

If you have additional questions, please contact Michael Toney of my staff at (919) 541-524 7. 

Sincerely, 

~~------

ewees, Acting Group Leader 

rement Technology Group 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Printed w~h Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer) 
2 

Attachments 

cc: Gil Wood, EPA/OlD (C304-03) 

David Cole, EPA/OlD (C304-03) 

Michael Toney, EPA/AQAD (El43-02) 

Rafael Sanchez, EPA/MAMPD (MS-2227A) 

Mark Champion 

P.O. Box451 

Bethel, VT 05032
#### Charles Rogoff, Appellant, *v.*Neal Vanderbilt Sons' Corporation et al., Respondents.

Argued January 13, 1943;

decided March 11, 1943.

*667
      *Irving Ginsberg*for appellant.

*G. Elmer Spedick*and *Arthur L. Reuter*for respondents.

Judgment affirmed; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Lewis, Conway and Desmond, JJ. Dissenting: Rippey, J.
#### Kate F. Brown, Resp’t, v. J. Warren Lawton, App’lt.

*Matthew Daly,*for resp’t; *F. II. Cowdrey,*for app’lt.

Judgment affirmed, with costs. All concur.

Affirming 25 N. Y. State Rep., 626.
Lawrence BAKER, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-0931

District Court of Appeal of Florida, First District.

May 11, 2018

Lawrence Baker, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent.

Per Curiam.

The petition for writ of habeas corpus is denied on the merits.

Wolf, Bilbrey, and Kelsey, JJ., concur.
<TABLE> <S> <C>


<ARTICLE>                                            9

<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     QUARTERLY  REPORT  ON FORM  10-QSB  AND IS  QUALIFIED  IN ITS  ENTIRETY  BY
     REFERENCE TO SUCH FINANCIAL INFORMATION.
</LEGEND>

<MULTIPLIER>                                   1000

<S>                                        <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-END>                                  MAR-31-2000
<CASH>                                            796
<INT-BEARING-DEPOSITS>                          3,358
<FED-FUNDS-SOLD>                                2,653
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                    19,394
<INVESTMENTS-CARRYING>                         32,944
<INVESTMENTS-MARKET>                           30,207
<LOANS>                                        94,323
<ALLOWANCE>                                       331
<TOTAL-ASSETS>                                158,416
<DEPOSITS>                                    116,721
<SHORT-TERM>                                        0
<LIABILITIES-OTHER>                               619
<LONG-TERM>                                    26,000
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                          129
<OTHER-SE>                                     14,948
<TOTAL-LIABILITIES-AND-EQUITY>                158,416
<INTEREST-LOAN>                                 3,534
<INTEREST-INVEST>                               1,846
<INTEREST-OTHER>                                  130
<INTEREST-TOTAL>                                5,511
<INTEREST-DEPOSIT>                              2,838
<INTEREST-EXPENSE>                              3,424
<INTEREST-INCOME-NET>                           2,087
<LOAN-LOSSES>                                      60
<SECURITIES-GAINS>                                  0
<EXPENSE-OTHER>                                 1,401
<INCOME-PRETAX>                                   695
<INCOME-PRE-EXTRAORDINARY>                        695
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                      427
<EPS-BASIC>                                       .37
<EPS-DILUTED>                                     .37
<YIELD-ACTUAL>                                   2.77
<LOANS-NON>                                       103
<LOANS-PAST>                                        0
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                                  345
<CHARGE-OFFS>                                      72
<RECOVERIES>                                        2
<ALLOWANCE-CLOSE>                                 331
<ALLOWANCE-DOMESTIC>                              331
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM XIRCOM,
INC.'S FORM 10-Q FOR THE FISCAL YEAR ENDED MARCH 31, 1997 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1997
<PERIOD-START>                             OCT-01-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                          65,537
<SECURITIES>                                         0
<RECEIVABLES>                                   52,278
<ALLOWANCES>                                     2,870
<INVENTORY>                                     16,680
<CURRENT-ASSETS>                               139,677
<PP&E>                                          34,918
<DEPRECIATION>                                  16,888
<TOTAL-ASSETS>                                 173,654
<CURRENT-LIABILITIES>                           37,245
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            23
<OTHER-SE>                                     131,643
<TOTAL-LIABILITY-AND-EQUITY>                   173,654
<SALES>                                        113,449
<TOTAL-REVENUES>                               113,449
<CGS>                                           70,893
<TOTAL-COSTS>                                   70,893
<OTHER-EXPENSES>                                29,751
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 12,891
<INCOME-TAX>                                     3,867
<INCOME-CONTINUING>                              9,024
<DISCONTINUED>                                   (226)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,798
<EPS-PRIMARY>                                      .42
<EPS-DILUTED>                                      .42
        

</TABLE>
KURT D. SALIGER, C.P.A.
                           Certified Public Accountant




March 31, 2000

Board of Directors
Saleoutlet.Com, Inc.
132 West 21st street
New York, NY 10011

Gentlemen:

         We hereby consent to the use of our Independent Auditors' Report dated
April 20, 1999 and the accompanying financial statements for Saleoutlet.Com,
Inc. (formerly Austin Underground, Inc.) as of and for the year ended December
31, 1998 and March 31, 1999 for inclusion as an exhibit to the Form 10-KSB to be
filed with the Securities and Exchange Commission.


                                               Very truly yours,



                                               /s/ Kurt D. Saliger
                                               ---------------------
                                               Kurt D. Saliger
                                               Certified Public Account





                5000 W. Oakey, Suite A-4, Las Vegas, Nevada 89146
                    Phone: (702) 367-1988 Fax: (702) 870-8388
#### Warren Chapin, Resp’t, v. James M. Fitzgerald, App’lt.

*L. T. Yale,*for resp’t; *James M. Hunt,*for app’lt.

Judgment affirmed, with costs. All concur.

Affirming 24 N. Y. State Rep., 600.
IN THE SUPREME COURT OF THE STATE OF MONTANA Supreme Court No. DA 20-0242

STATE OF MONTANA, Plaintiff and Appellee,

v. JOURNEY RYDER JOHN WIENKE, Defendant and Appellant.

ORDER

Counsel for Appellant has filed an unopposed motion for leave to file an outof-time motion to extend the deadline for filing of the Reply Brief in this matter. Wienke’s reply was originally due on March 3, 2022. The State does not oppose

Wienke’s motion. THEREFORE, no good cause appearing otherwise, Wienke’s Motion is GRANTED. Counsel for Wienke shall prepare and file the Reply Brief in this matter on or before April 3, 2022. No additional requests for extension shall be granted.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 9 2022

03/09/2022

Case Number: DA 20-0242
##### 



Exhibit 32.1
 CERTIFICATION PURSUANT TO
RULE 13a-14(a) OF THE SECURITIES EXCHANGE ACT OF 1934
AND 18 U.S.C. SECTION 1350
    This certification accompanies the Form 10-Q to which it relates, is not deemed filed with
the Securities and Exchange Commission and is not to be incorporated by reference into any filing
of the Registrant under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether
made before or after the date of the Form 10-Q ), irrespective of any general incorporation language
contained in such filing.
 Date: November 9, 2005

/s/ Thomas G. WiggansThomas G. Wiggans
Chief Executive Officer
**EXHIBIT 32.1**

 

**CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER**

**AND PRINCIPAL FINANCIAL OFFICER**

**Pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

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

** **

In connection with the Quarterly Report on Form 10-Qof American Wagering, Inc. (the “Company”) for the quarter ended July 31,2008 as filed with the Securities and Exchange Commission (the “Report”), Icertify as of the date hereof, solely for the purposes of Title 18, Chapter 63,Section 1350 of the United States Code, to my knowledge, that:

 

(1)           theReport fully complies with the requirements of Section 13(a) or15(d), as applicable, of the Securities Exchange Act of 1934; and

 

(2)           theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company at the datesand for the periods indicated.

 

A signed original of this written statement, or otherdocument authenticating, acknowledging, or otherwise adopting the signaturethat appears in typed form within the electronic version of this writtenstatement, has been provided to the Company and will be retained by the Companyand furnished to the Securities and Exchange Commission or its staff upon request.

 

This Certification has not been, and shall not bedeemed, “filed” with the Securities and Exchange Commission.

 

 
| Date:  September 12,  2008 |   | /s/  Victor J. Salerno                               |
|-------------------------------------------|--------|------------------------------------------------------|
|                                      |   | Victor  J. Salerno                                   |
|                                      |   | President,  Chief Executive Officer, Chief Operating |
|                                      |   | Officer,  and Chairman of the Board of Directors     |
|                                      |   |                                                 |
|                                      |   |                                                 |
|                                      |   | /s/  Melody J. Sullivan                              |
|                                      |   | Melody  J. Sullivan                                  |
|                                      |   | Chief  Financial Officer and Treasurer               |

 

1

----
#### James Arthur WOODLEY, Petitioner-Appellant v. M.D. CARVAJAL, Warden, United States Penitentiary, Pollock; Administration of United States Penitentiary Pollock, Respondents-Appellees

No. 16-31209 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed August 24, 2017

James Arthur Woodley, Pro Se

Before DENNIS, SOUTHWICK and HIGGINSON, Circuit Judges.

PER CÜRIAM: *

James Arthur Woodley, federal prisoner # 83958-079, seeks leave to appeal in for-*270ma pauperis (IFP) from the dismissal of his 28 U.S.C. § 2241 petition. We will not grant the motion unless Woodley shows that he has at least one nonfrivolous appellate claim and thus is taking the appeal in good faith. *See Baugh v. Taylor,*117 F.3d 197, 202 (5th Cir. 1997). Our inquiry into an appellant’s good faith “is limited to whether the appeal involves legal points arguable on their merits (and therefore not frivolous).” *Howard v. King,*707 F.2d 215, 220 (5th Cir. 1983) (internal quotation marks and citation omitted). Woodley has not met this standard.

Woodley has shown no error in the district court’s reasoning and thus has not shown that he has a nonfrivolous appellate claim. Because the claims raised in his § 2241 petition concern his conviction and sentence, rather than the manner in which his sentence is being executed, they arise under 28 U.S.C. § 2255, not § 2241. *See Tolliver v. Dobre,*211 F.3d 876, 877 (5th Cir. 2000); *Reyes-Requena v. United States,*243 F.3d 893, 900 (5th Cir. 2001). Additionally, he has not shown that he is entitled to proceed under the savings clause of § 2255(e), as he has not cited a retroactively applicable Supreme Court case showing that he was convicted of a nonexistent offense, *See Reyes-Requena,*243 F.3d at 904. Because he has not raised a viable § 2241 claim, there is no error in the denial of his motion for appointed counsel. *See*18 U.S.C. § 3006A(a)(2)(B).

In sum, Woodley has failed to raise a nonfrivolous appellate claim. Accordingly, his motion to proceed IFP on appeal is DENIED. Because this appeal is frivolous, it is DISMISSED. See Baugh, 117 F.3d at 202 & n.24; 5th Cir. R. 42.2

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *270published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### Rogelio Ruiz JIMENEZ, also known as Rogelio Jimenez Ruiz, Petitioner-Appellant v. DEPARTMENT OF HOMELAND SECURITY IMMIGRATION AND CUSTOMS ENFORCEMENT, Respondent-Appellee

No. 16-50936 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed June 30, 2017

Rogelio Ruiz Jimenez, Pro Se

Before CLEMENT, PRADO, and HIGGINSON, Circuit Judges.

PER CURIAM: *

Rogelio Ruiz Jimenez, former Texas prisoner # 206337, moves for leave to pro*233ceed in forma pauperis (IFP) on appeal of the denial of his motion requesting a hearing to challenge an immigration detainer on due process grounds and asserting eligibility for relief from removal. As Ruiz Jimenez has been released from custody and removed to Mexico, we deny his motion for leave to proceed IFP and dismiss his appeal as moot. *See Calderon v. Moore,*518 U.S. 149, 150, 116 S.Ct. 2066, 135 L.Ed.2d 453 (1996); *Bailey v. Southerland,*821 F.2d 277, 278 (5th Cir. 1987); *see also Sosa v. United States,*504 Fed.Appx. 353 (5th Cir. 2013) (unpublished).

APPEAL DISMISSED; MOTION DENIED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *233published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.