alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-7309 

ROBERT LEE DAVIS,

Plaintiff - Appellant,

versus

MICHAEL WADE, Sheriff Henrico County; LINDA

RAY, Medical Director; DR. OFOGH, Chief

Medical Doctor; PHY-AMERICAN CORRECTIONAL

HEALTHCARE, INCORPORATED,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Claude M. Hilton, District

Judge. (CA-02-165-1)

Submitted: January 27, 2005 Decided: February 2, 2005

Before LUTTIG and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Robert Lee Davis, Appellant Pro Se. William Fisher Etherington,

BEALE, BALFOUR, DAVIDSON & ETHERINGTON, P.C., Richmond, Virginia;

M. Pierce Rucker, II, Todd David Anderson, SANDS, ANDERSON, MARKS

& MILLER, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Robert Lee Davis seeks to appeal the district court’s

order granting summary judgment for defendants in a 42 U.S.C.

§ 1983 (2000) action. We dismiss the appeal for lack of

jurisdiction because the notice of appeal was not timely filed. 

Parties are accorded thirty days after the entry of the

district court’s final judgment or order to note an appeal, Fed. R.

App. P. 4(a)(1)(A), unless the district court extends the appeal

period under Fed. R. App. P. 4(a)(5) or reopens the appeal period

under Fed. R. App. P. 4(a)(6). This appeal period is “mandatory

and jurisdictional.” Browder v. Director, Dep’t of Corr., 434 U.S.

257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220,

229 (1960)). 

In this case, the district court, by order entered 287

days after entry of judgment, attempted to reopen the appeal

period. However, all the conditions set forth in Fed. R. App. P.

4(a)(6) were not satisfied, in that no motion was filed, the

district court made no finding as to prejudice, and the court’s

order was entered beyond the 180-day time period. In addition, the

notice of appeal itself was not filed within fourteen days of the

order, as the rule requires. 

Thus, the district court lacked jurisdiction to reopen

the appeal period and the appeal must be dismissed for lack of

jurisdiction. We deny Davis’s motion to amend issues on appeal. We
- 3 -

dispense with oral argument because the facts and legal contentions

are adequately presented in the materials before the court and

argument would not aid the decisional process.

DISMISSED
[Federal Register Volume 62, Number 59 (Thursday, March 27, 1997)]
[Rules and Regulations]
[Pages 14651-14652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7715]


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


DEPARTMENT OF COMMERCE
50 CFR Part 679

[Docket No. 961107312-7021-02; I.D. 032097A]


Fisheries of the Exclusive Economic Zone Off Alaska; Yellowfin 
Sole by Vessels Using Trawl Gear in Bering Sea and Aleutian Islands

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Closure.

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

SUMMARY: NMFS is closing directed fishing for yellowfin sole by vessels 
using trawl gear in the Bering Sea and Aleutian Islands management area 
(BSAI). This action is necessary to prevent exceeding the first 
seasonal apportionment of the 1997 Pacific halibut bycatch allowance 
specified for the trawl yellowfin sole fishery category.

EFFECTIVE DATE: 1200 hrs, Alaska local time (A.l.t.), March 22, 1997, 
through 1200 hrs, A.l.t., April 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mary Furuness, 907-586-7228.

SUPPLEMENTARY INFORMATION: The groundfish fishery in the BSAI exclusive 
economic zone is managed by NMFS according to the Fishery Management 
Plan for the Groundfish Fishery of the Bering Sea and Aleutian Islands 
Area (FMP) prepared by the North Pacific Fishery Management Council 
under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act. Fishing by U.S. vessels is governed by regulations 
implementing the FMP at subpart H of 50 CFR part 600 and 50 CFR part 
679.
    The first seasonal apportionment of the 1997 halibut bycatch 
allowance specified for the trawl yellowfin sole fishery in the BSAI, 
which is defined at Sec. 679.21(e)(3)(iv)(B)(1), was established by the 
Final 1997 Harvest Specifications of Groundfish for the BSAI (62 FR 
7168, February 18, 1997) as 210 mt.
    In accordance with Sec. 679.21(e)(7)(iv), the Administrator, Alaska 
Region, NMFS, has determined that the first seasonal apportionment of 
the 1997 halibut bycatch allowance specified for the trawl yellowfin 
sole fishery in the BSAI has been caught. Consequently, NMFS is 
prohibiting directed fishing for yellowfin sole by vessels using trawl 
gear in the BSAI.
    Maximum retainable bycatch amounts for applicable gear types may be 
found in the regulations at Sec. 679.20(e) and (f).

[[Page 14652]]

Classification

    This action is required by 50 CFR 679.21 and is exempt from review 
under E.O. 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 20, 1997.
Bruce Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 97-7715 Filed 3-21-97; 4:50 pm]
BILLING CODE 3510-22-F
Exhibit 32(b)

                  CERTIFICATION PURSUANT TO 18 U.S.C. S 1350

             I,  Jeffrey R. Passmore,  the  principal  financial  officer  of
 Hallmark Financial Services, Inc. (the  "Company"), hereby certify  that the
 accompanying report on  Form 10-Q for the  quarter ended  June 30, 2006, and
 filed with the Securities and Exchange  Commission  on the date  hereof (the
 "Report"),  fully complies  with the requirements  of  Section 13(a)  of the
 Securities  Exchange Act of  1934, as amended.  I  further  certify that the
 information  contained  in  the  Report  fairly presents,  in  all  material
 respects, the financial condition and results of operations of the Company.


 Date:     August 14, 2006

                                  /s/ Jeffrey R. Passmore
                                  ----------------------------------------
                                  Jeffrey R. Passmore,
                                  Principal Financial Officer
**Exhibit 23.1**

 

**Consent of Independent**

**Certified Public Accountants**

 

 

Weconsent to the incorporation by reference in Registration Statement No.333-46030 of InnSuites Hospitality Trust on Form S-8 of our report, dated March21, 2003, except for Note 7, as to which the date is April 30, 2003, appearingin this Annual Report on Form 10-K of InnSuites Hospitality Trust for the yearended January 31, 2003.

 

 
| /s/  McGladrey & Pullen, LLP |   |
|----------------------------------|--------|
|                             |
| Phoenix,  Arizona                |
| April  29, 2003                  |

** **

----
----

----

| 1)   | I have reviewed this report on Form 10-K/A for the fiscal year ended September 30, 2011 of Resource America, 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; |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                               | /s/ Thomas C. Elliott                             |
|------------------------------------|---------------------------------------------------|
| Date:  December 16, 2011 | Thomas C. Elliott                                 |
|                               | Senior Vice President and Chief Financial Officer |

----

----
EXHIBIT 23

            CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the:

1.   Registration Statement (Form S-8 No. 33-13822) pertaining to the Reynolds
     Metals Company 1987 Nonqualified Stock Option Plan;

2.   Registration Statement (Form S-8 No. 33-44400) pertaining to the Reynolds
     Metals Company 1992 Nonqualified Stock Option Plan;

3.   Registration Statement (Form S-8 No. 33-20498) pertaining to the Reynolds
     Metals Company Savings and Investment Plan for Salaried Employees;

4.   Registration Statement (Form S-3 No. 33-43443) pertaining to the shelf
     registration of debt securities of Reynolds Metals Company;

5.   Registration Statement (Form S-8 No. 33-66032) pertaining to the Reynolds
     Metals Company Savings Plan for Hourly Employees;

6.   Registration Statement (Form S-3 No. 33-51153) pertaining to the offer and
     resale of shares of Reynolds Metals Company Common Stock by the Trustee of
     the Reynolds Metals Company Pension Plans Master Trust;

7.   Registration Statement (Form S-8 No. 33-53847) pertaining to the Employees
     Savings Plan;

8.   Registration Statement (Form S-8 No. 33-53851) pertaining to the Reynolds
     Metals Company Restricted Stock Plan for Outside Directors;

9.   Registration Statement (Form S-3 No. 33-59168) pertaining to the
     registration of debt securities of Reynolds Aluminum Company of Canada,
     Ltd. (formerly known as Canadian Reynolds Metals Company Limited);

10.  Registration Statement (Form S-8 No. 333-00929) pertaining to the Reynolds
     Metals Company Performance Incentive Plan;

11.  Registration Statement (Form S-8 No. 333-03947) pertaining to the Reynolds
     Metals Company 1996 Nonqualified Stock Option Plan;

and in the related prospectuses of our report dated February 20, 1998, with
respect to the consolidated financial statements of Reynolds Metals Company
included in this Annual Report (Form 10-K) for the year ended December 31,
1997.

                                       /s/ Ernst & Young LLP

Richmond, Virginia
March 25, 1998
Exhibit 32.1

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

I, Francis D. Gerace, President and Chief Executive Officer of Multi-Color Corporation (the Company), certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



|(1) | the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2007 (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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 3, 2007



By:

/s/ Francis D. GeraceFrancis D. GeracePresident and Chief Executive Officer
#### City of Dodge City v. Olivas

109,782

11/06/2015

Denied.

Unpublished
No. 12-5410.

#### Contreras-Lopez *v.*United States.

C. A. 9th Cir. Certiorari denied.
<PAGE> 1




          EXHIBIT 11 - STATEMENT RE: COMPUTATION OF PER SHARE EARNINGS
<TABLE>
<CAPTION>

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

                                                     Three Months Ended
                                                          March 31
(in thousands, except per share data)                 1997            1996
-------------------------------------------------------------------------------

<S>                                                <C>                <C> 
Primary:
--------

Actual shares outstanding                           8,591              8,015
                                                    =====              =====

Average shares outstanding                          8,567              8,370

Net effect of dilutive stock options
  based on the treasury stock method
  using the average market price                      324                347
                                                  --------           -------- 
              Total Shares Outstanding              8,891              8,717
                                                    =====              =====

Net Income                                       $  6,515           $  5,305  
                                                    =====              =====


Net Income Per Share                             $   0.73           $   0.61
                                                     ====               ====





Fully Diluted:
--------------

Actual shares outstanding                           8,591              8,015
                                                    =====              =====

Average shares outstanding                          8,567              8,370
                                                   

Net effect of dilutive stock options based
  on the treasury stock method using the
  average market price or quarter end price,
  whichever is greater                                324                366
                                                  --------           --------
              Total Shares Outstanding              8,891              8,736
                                                    =====              =====



Net Income                                       $  6,515           $  5,305

                                                    =====              =====

Net Income Per Share                             $   0.73           $   0.61
                                                     ====               ====
</TABLE>

EPS amounts for 1996 have been restated for the 5% stock dividend in the second
quarter of 1996.



                                        16
<PAGE>   1

                                                                    EXHIBIT 23.1



                          INDEPENDENT AUDITORS' CONSENT

         We consent to the incorporation by reference in Registration Statement
No. 333-92489 of R.J. Reynolds Tobacco Holdings, Inc. on Form S-3 and
Registration Statement Nos. 333-80595, 333-80597 and 333-83891 on Form S-8 of
our report dated January 27, 2000 (February 23, 2000 as to notes 12 and 22)
appearing in this Annual Report on Form 10-K of R.J. Reynolds Tobacco Holdings,
Inc. for the year ended December 31, 1999.


/s/ Deloitte & Touche LLP

Winston-Salem, North Carolina
March 7, 2000
[4910-13-P]

DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14CFR Part 39 

# '1

<9-DJb'OI1
. (Docket No. FAA-2009 ..***""*'; Directorate Identifier 2009-NM-222-AD] RIN 2120-AA64 Airworthiness Directives; Airbus Model A330-243, -341, -342, -343 Airplanes; and Model A340-541 and -642 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice ofproposed rulemaking (NPRM). SUMMARY: We propose to adopt anew airworthiness directive (AD) forthe product 

### A-NNIITIALS/SIC listed above. This proposed AD results from mandatory continuing airworthiness 

## L
.~ m information (MeAl) originated byan aviation authority of another country to identify OUTING SYMBOL
condition as:

~GSYMOOL 

## * * * * * * 

## * [fbolts, as aconsequence ofthe over-torque, fail and move away, itwould lead to loss ofthe vertical loadpins, which-could result in loss ofthe primary and/or secondary load path ofthe fonvard and/or aft engine mount wruch could potentially lead to engine separation. Ithas been evidenced by test that the tightening torque settings on the Rolls Royce Trent 500 and Trent 700 forward (FWD) and aft (AFT) engine mount link pin retention bolts have always been higher than the design value. These bolts retain the washers that maintain the engine mount vertical load pins inposition. and correct anunsafe condition on an aviation product. The MeAl describes the unsafi

ITIAJ-SlSlCi
Exhibit 32.1

| (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. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|  DATE: November 10, 2010 |  /s/  James E. Rouse  |
|-------------------------------|--------------------------------------|
|                          | James E. Rouse                       |
|                          | President andChief Executive Officer |

----
[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)]
[Notices]
[Page 13365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6987]


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


DEPARTMENT OF COMMERCE

Submission for OMB Review; Comment Request

    DOC has submitted to the Office of Management and Budget (OMB) for 
clearance the following proposal for collection of information under 
the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).
    Agency: National Institute of Standards and Technology (NIST).
    Title: Phase Equilibria Data for Ceramics.
    Form Number(s): None.
    Agency Approval Number: None.
    Type of Request: New Collection.
    Burden: 400 hours.
    Number of Respondents: 200.
    Avg. Hours Per Response: 2 hours.
    Needs and Uses: NIST seeks to assess the economic impact of its 
joint program with the American Ceramic Society on the evaluation and 
distribution of relevant phase equilibria data. The respondents will be 
U.S. ceramic producers and their customers. The results will be used by 
NIST for program evaluation purposes.
    Affected Public: Businesses or other for-profit organizations, Not-
for-profit institutions, and the Federal Government.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Virginia Huth, (202) 395-3785.
    Copies of the above information collection proposal can be obtained 
by calling or writing Linda Engelmeier, DOC Forms Clearance Officer, 
(202) 482-3272, Department of Commerce, Room 5310, 14th and 
Constitution Avenue, NW, Washington, DC 20230.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to Virginia Huth, OMB Desk Officer, Room 10236, New Executive Office 
Building, Washington, DC 20503.

    Dated: March 13, 1997.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 97-6987 Filed 3-19-97; 8:45 am]
BILLING CODE 3510-13-M
No. 12-19.

#### Connor *v.*St. Louis County, Missouri, dba Museum of Transportation.

C. A. 2d Cir. Certiorari denied.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary information extracted from the Reynolds Metals
Company Condensed Balance Sheet (Unaudited) for December 31, 1998 and
Consolidated Statement of Income (Unaudited) for the Year ended December 31,
1998 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                              94
<SECURITIES>                                         0
<RECEIVABLES>                                      728
<ALLOWANCES>                                        14
<INVENTORY>                                        500
<CURRENT-ASSETS>                                  1602
<PP&E>                                            4282
<DEPRECIATION>                                    2258
<TOTAL-ASSETS>                                    6134
<CURRENT-LIABILITIES>                             1241
<BONDS>                                           1035
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          1533
<OTHER-SE>                                         661
<TOTAL-LIABILITY-AND-EQUITY>                      6134
<SALES>                                           5859
<TOTAL-REVENUES>                                  5859
<CGS>                                             4774
<TOTAL-COSTS>                                     4774
<OTHER-EXPENSES>                                   396
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 114
<INCOME-PRETAX>                                    197
<INCOME-TAX>                                        45
<INCOME-CONTINUING>                                152
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                   (63)
<CHANGES>                                         (23)
<NET-INCOME>                                        66
<EPS-PRIMARY>                                      .94
<EPS-DILUTED>                                      .94
        

</TABLE>
DEFERRED COMPENSATION AGREEMENT
                                     BETWEEN
                                JEFFRY E. STERBA
                                       AND
                      PUBLIC SERVICE COMPANY OF NEW MEXICO

         It is hereby agreed by Jeffry E. Sterba and Public  Service  Company of
         New Mexico (PNM) that payment for Mr. Sterba services as an employee of
         PNM for the pay period  ending  11/17/95  through the pay period ending
         12/15/95 will be deferred and will be paid on January 5, 1996.

         The amount of employee  compensation  subject to this agreement will be
         $11,450.25. No interest will be paid on the $11,450.25.

         The parties  agree that,  during the time this  agreement is in effect,
         Mr. Sterba will be an unsecured creditor of PNM and will have no claims
         on the Company beyond those of any other unsecured creditor.

         It is  further  agreed  that  PNM will be held  harmless,  and that Mr.
         Sterba  will be  solely  at  risk  for any  unanticipated  adverse  tax
         consequences arising to either party as a result of this agreement, and
         that appropriate  income and payroll taxes will be withheld at the time
         of payment.

         /s/ Jeffry E. Sterba            /s/ Donna M. Burnett
         --------------------            ----------------------------
         Jeffry E. Sterba                Name and Title of Public
                                         Service Company of New
                                         Mexico


     State of New Mexico
     County of Bernalillo
     Subscribed and sworn before me on this      13th       day of
                                             -------------  
     November 1995 by Jeffry E. Sterba.
                      ----------------


        May 31, 1998                        /s/ Pamela M. Ragsdale 
     ------------------                     ----------------------
     Commission Expires                     Notary Signature
                                            Pamela M. Ragsdale

<PAGE>