alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule

47.5.4. UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 96-50426

_________________

SHERMAN ELECTRONICS SUPPLY INC,

Plaintiff - Appellant,

versus

ZENITH ELECTRONICS,

Defendant - Appellee.

Appeal from the United States District Court

For the Western District of Texas

(SA-94-CV-557)

January 14, 1997

Before HIGGINBOTHAM, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Sherman appeals the district court’s grant of summary judgment

dismissing its claim under the Texas Deceptive Trade Practices Act,

Tex. Bus. & Comm. Code § 17.46 (“DTPA”). We review a district

court’s grant of summary judgment de novo

. Doddy v. Oxy USA, Inc.

,

101 F.3d 448, 460 (5th Cir. 1996); Fed. R. Civ. P. 56(c). We agree

with the district court that Sherman did not have consumer standing

under the DTPA. To qualify as a “consumer,” the claimant must (1)

have sought or acquired goods or services by purchase or lease, and-2-

(2) show that these same goods or services form the basis of the

DTPA complaint. M eineke Discount Muffler v. Jaynes

, 999 F.2d 120,

125 (5th Cir. 1993); Tex. Bus. & Comm. Code §§ 17.45(4) & (10). We

find that Zenith’s alleged promis e to prevent “bootlegging” of

parts into Sherman’s service area was neither a good nor a service

under the statute.

Neith er party suggests that Zenith’s alleged obligation to

stop bootlegging was a “good” under the DTPA. The question in this

appeal is whether the obligation, if it exists, counts as a

service. The DTPA defines “services” as “work, labor, or service

purchased or leased for u se, including services furnished in

connection with the sale or repair of goods.” Tex. Bus. & Comm.

Code § 17.45(2). Sherman’s annual contracts with Zenith, which

included an incor poration clause and a written modification

provision, never mentioned the alleged duty to police bootlegging.

Accordingly, we find that the purchase price for the television

parts did not include a purchase of the alleged obligation.

Although Sherman purchased parts from Zenith, these goods did not

furnish the basis of its DTPA claim. Therefore Sherman does not

meet the consumer standing requirements of the DTPA. S ee Americom

Distrib. Corp. v. ACS Communications, Inc.

, 990 F. 2d 223, 227 (5th

Cir .) (DTPA complaint dismissed where plaintiff purchased goods,

but plaintiff’s complaint was based on suspension of

distributorship, not fault in goods), cert. denied , 510 U.S. 867,-3-

114 S. Ct. 189, 126 L. Ed. 2d 148 (1993).

In this case, the picture is clear: the alleged policing

obligation was neither a good nor a service under the DTPA, which

precludes Sherman’s consumer standing under the statute. Therefore

we AFFIRM.
|                                                                          
|--------------------------------------------------------------------------
|                                                                          
|View History:  Monthly  Annual Download Data (XLS File)                  
|View History:  Monthly  Annual                                            
|View History:  Monthly  Annual                                            
|View History:                                                             
|                                                                          
|Cove Point, MD Liquefied Natural Gas Exports to India (Million Cubic Feet)
|                                                                          
|                                                                          
|Cove Point, MD Liquefied Natural Gas Exports to India (Million Cubic Feet)
|                                                                          

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        |        | 0      | 11,792 | 16,907
|2020's                                                                                                                            | 20,145 | 28,766 | 48,029 | 61,937 |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
`[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1508 Enrolled Bill (ENR)]

        S.1508
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To amend the definition of a rural community for eligibility for 
economic recovery

                     funds, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That section 2374(3) of 
the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
6612(3)) is amended to read as follows:
        ``(3) The term `rural community' means--
            ``(A) any town, township, municipality, or other similar 
        unit of general purpose local government, or any area 
        represented by a not-for-profit corporation or institution 
        organized under State or Federal law to promote broad based 
        economic development, or unit of general purpose local 
        government, as approved by the Secretary, that has a population 
        of not more than 10,000 individuals, is located within a county 
        in which at least 15 percent of the total primary and secondary 
        labor and proprietor income is derived from forestry, wood 
        products, and forest-related industries such as recreation, 
        forage production, and tourism and that is located within the 
        boundary, or within 100 miles of the boundary, of a national 
        forest; or
            ``(B) any county that is not contained within a Metropolitan 
        Statistical Area as defined by the United States Office of 
        Management and Budget, in which at least 15 percent of the total 
        primary and secondary labor and proprietor income is derived 
        from forestry, wood products, and forest-related industries such 
        as recreation, forage production, and tourism and that is 
        located within the boundary, or within 100 miles of the 
        boundary, of a national forest.''.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.`
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1387 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1387

         To extend the temporary suspension of duty on 2,6-HNA.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               August 5 (legislative day, June 30), 1993

 Mr. Thurmond introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
         To extend the temporary suspension of duty on 2,6-HNA.

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

SECTION 1. 2,6-HNA.

    Heading 9902.30.25 of the Harmonized Tariff Schedule of the United 
States is amended by striking ``12/31/92'' and inserting ``12/31/96''.

SEC. 2. EFFECTIVE DATE.

    The amendment made by this Act shall apply with respect to articles 
entered, or withdrawn from warehouse for consumption, on or after the 
date that is 15 days after the date of enactment of this Act.

                                 <all>
```
|                                                                   
|-------------------------------------------------------------------
|                                                                   
|View History:  Monthly  Annual Download Data (XLS File)           
|View History:  Monthly  Annual                                     
|View History:  Monthly  Annual                                     
|View History:                                                      
|                                                                   
|Tennessee Natural Gas Plant Liquids Production (Million Cubic Feet)
|                                                                   
|                                                                   
|Tennessee Natural Gas Plant Liquids Production (Million Cubic Feet)
|                                                                   

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        |        |        | 0      | 0      | 0     
|2010's                                                                                                                            | 506    | 516    | 501    | 488    | 382    | 339    | 298    | 277    | 227    | 14    
|2020's                                                                                                                            | 7      | 16     | 16     |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
EXHIBIT
      32.1




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




AS
      ADOPTED PURSUANT TO




SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the Quarterly Report of Miller Industries, Inc. (the "Company")
      on Form 10-QSB for the period ending July 31, 2007 as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I Angelo Napolitano,
      Chief Executive Officer and Chief Financial Officer of the Company, certify,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that to the best of my knowledge:




(1)
            The
                Report fully complies with the requirements of Section 13(a) or Section
                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.







Dated:   February
                8, 2008/s/  Angelo
                NapolitanoAngelo
                Napolitano
              Chief
                Executive Officer and
              Chief
                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 Miller Industries, Inc. and will be
      returned by Miller Industries, Inc. and furnished to the Securities and Exchange
      Commission or its staff upon request.
|                                                                        
|------------------------------------------------------------------------
|                                                                        
|View History:  Monthly  Annual Download Data (XLS File)                
|View History:  Monthly  Annual                                          
|View History:  Monthly  Annual                                          
|View History:                                                           
|                                                                        
|Miami, FL Liquefied Natural Gas Exports to Barbados (Million Cubic Feet)
|                                                                        
|                                                                        
|Miami, FL Liquefied Natural Gas Exports to Barbados (Million Cubic Feet)
|                                                                        

|Year                                                                                                                              | Jan | Feb | Mar | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
|--------------------------------------------------------------------------------------------------------------------------------- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | ---
|2016                                                                                                                              |     | 2   | 2   | 3   | 1   | 2   | 8   | 11  | 14  | 15  | 18  | 22 
|2017                                                                                                                              | 22  |     |     |     |     |     |     |     |     |     |     |    
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
No. 12-597.

#### American Timber & Steel Co. *v.*Ivey et al.

Sup. Ct. Ala. Certiorari denied.
##### 



Computation of Ratios of Earnings to Fixed Charges
 Three MonthsEndedMarch 31,
    
    
    Years Ended December 31,2008
    
    
    2007
    
    
    2006
    
    
    2005
    
    
    2004
    
    
    2003Income from Continuing Operations
Before Taxes
    
    $
    4,411.0
    
    
    $
    3,370.7
    
    
    $
    6,221.4
    
    
    $
    7,363.9
    
    
    $
    7,974.5
    
    
    $
    9,051.6Add (Subtract):One-third of rents
    
    
    18.3
    
    
    
    66.4
    
    
    
    67.8
    
    
    
    68.2
    
    
    
    71.9
    
    
    
    75.6Interest expense, gross
    
    
    72.6
    
    
    
    384.3
    
    
    
    375.1
    
    
    
    385.5
    
    
    
    293.7
    
    
    
    350.9Interest capitalized,
net of amortization
    
    
    11.4
    
    
    
    31.8
    
    
    
    29.4
    
    
    
    (1.0
    )
    
    
    (21.3
    )
    
    
    (30.1
    )Equity (income) loss from affiliates,
net of distributions
    
    
    (205.0
    )
    
    
    (454.3
    )
    
    
    (362.5
    )
    
    
    (615.9
    )
    
    
    (421.2
    )
    
    
    79.2Preferred stock dividends, net of tax
    
    
    29.8
    
    
    
    120.0
    
    
    
    120.0
    
    
    
    120.0
    
    
    
    151.0
    
    
    
    150.9Earnings from Continuing
Operations
    
    $
    4,338.1
    
    
    $
    3,518.9
    
    
    $
    6,451.2
    
    
    $
    7,320.7
    
    
    $
    8,048.6
    
    
    $
    9,678.1One-third of rents
    
    $
    18.3
    
    
    $
    66.4
    
    
    $
    67.8
    
    
    $
    68.2
    
    
    $
    71.9
    
    
    $
    75.6Interest expense, gross
    
    
    72.6
    
    
    
    384.3
    
    
    
    375.1
    
    
    
    385.5
    
    
    
    293.7
    
    
    
    350.9Preferred stock dividends
    
    
    39.8
    
    
    
    158.1
    
    
    
    166.0
    
    
    
    166.7
    
    
    
    207.1
    
    
    
    215.6Fixed Charges from Continuing
Operations
    
    $
    130.7
    
    
    $
    608.8
    
    
    $
    608.9
    
    
    $
    620.4
    
    
    $
    572.7
    
    
    $
    642.1Ratio of Earnings to Fixed Charges
from Continuing Operations
    
    
    33
    
    
    
    6
    
    
    
    11
    
    
    
    12
    
    
    
    14
    
    
    
    15
 Accounting
for Uncertainty in Income Taxes  an interpretation of FASB Statement No. 109,
EXHIBIT
32.1




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


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report of Miller Industries, Inc. (the "Company")
on Form 10-Q for the period ending January 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Angelo Napolitano,
Chief Executive Officer and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:




(1)
            The
      Report fully complies with the requirements of Section 13(a) or Section
      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.




Dated:    October
      9, 2009/s/  Angelo
      NapolitanoAngelo
      Napolitano
                Chief
      Executive Officer and
                Chief
      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 Miller Industries, Inc. and will be
returned by Miller Industries, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit 32.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                    AS ADOPTED PURSUANT TO SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

In  connection  with the  Quarterly  Report  of Mexco  Energy  Corporation  (the
"Company") on Form 10-Q for the period  ending  September 30, 2003 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Tamala  L.  McComic,  Treasurer  and Chief  Financial  Officer  of the  Company,
certify,  pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully  complies with the  requirements  of Section 13(a) or
          15(d)  of the  Securities  Exchange  Act of  1934  (15  U.S.C.  78m or
          78o(d)); and

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


Dated:  November 12, 2003               /s/ Tamala L. McComic
                                        -----------------------------
                                        Vice President, Treasurer and
                                        Chief Financial Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>


                               AMERICAN MIDLAND CORPORATION
                                  FINANCIAL DATA SCHEDULE
                                ARTICLE 5 OF REGULATION S-X


This schedulecontains summary financial information extracted from the condensed
consolidated  finacial  statements for the three months ended March 31, 1997 and
is qualified in its entirety by reference to such statements.

</LEGEND>
       
<CAPTION>

<S>                           <C>    
<PERIOD-TYPE>                   3-Mos 
<FISCAL-YEAR-END>               dec-31-1996 
<PERIOD-START>                  jan-01-1997 
<PERIOD-END>                    mar-31-1997 
<CASH>                          7,000
<SECURITIES>                    0 
<RECEIVABLES>                   0
<ALLOWANCES>                    0
<INVENTORY>                     0
<CURRENT-ASSETS>                7,000
<PP&E>                          0
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  3,633,000
<CURRENT-LIABILITIES>           464,000
<BONDS>                         0
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<COMMON>                        57,000
<OTHER-SE>                      2,265,000
<TOTAL-LIABILITY-AND-EQUITY>    3,633,000
<SALES>                         0
<TOTAL-REVENUES>                0
<CGS>                           0
<TOTAL-COSTS>                   0
<OTHER-EXPENSES>                0
<LOSS-PROVISION>                (1,000)
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                 0
<INCOME-TAX>                    0
<INCOME-CONTINUING>             (1,000)
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0 
<CHANGES>                       0
<NET-INCOME>                    (1,000)
<EPS-PRIMARY>                   0
<EPS-DILUTED>                   0
        

<PAGE>

</TABLE>
No. 12-605.

#### Kim *v.*Ritter et al.

C. A. 7th Cir. Certiorari denied.
No. 12-398.

#### Association for Molecular Pathology et al. *v.*Myriad Genetics, Inc., et al.

C. A. Fed. Cir. Certiorari granted limited to Question 1 presented by the petition.