alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 50204

PHOUNG C., as Next Friend of Z.C.,

Plaintiff

- Appellant

v

. KILLEEN INDEPENDENT SCHOOL DISTRICT,

Defendant

- Appellee

Appeal from the United States District Court for the Western District of Texas USDC No. 6:14

- CV

- 86

Before JO LLY , HIGGINBOTHAM, and SMITH, Circuit Judges

. PER CURIAM: * The appellant, minor child Z

. C. by next friend, P houng C., seeks reimbursement from the Killeen Independent School District (KISD) for her
unilateral choice to withdraw Z

. C. from KISD and e nroll her in a private
school. Phoung C. c ontends that the public school failed to provide Z

. C. with a Free and Adequate Public Education (FAPE) , and that under the Individuals

* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 20, 2015

Lyle W. Cayce Clerk Case: 15-50204 Document: 00513238496 Page: 1 Date Filed: 10/20/2015No. 15

- 50204

2 with Disabilities Education Act (IDEA) , she is therefore entitled to the cost o f private education

. P houng C. first filed for a due process hearing with a due process Hearing Officer (H.O.), who determined that KISD had provided Z

. C. with a FAPE

. After Phoung C. sought review in the district court, KISD moved for and obtained summary judgment affirming the H

. O

. ’s decision. P houng C. appeals that judgment here. We have reviewed the briefs and applicable law and have consulted the pertinent portions of the record, including the hearing officer’s comprehensive review of the facts . We have also heard the helpful oral arguments of counsel. There is no reversible error. The summary judgment is AFFIRMED, essentially for the reasons given by the district court

. Case: 15-50204 Document: 00513238496 Page: 2 Date Filed: 10/20/2015
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ACCOMPANYING FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-2000
<PERIOD-START>                             APR-01-2000             JAN-01-2000
<PERIOD-END>                               JUN-30-2000             JUN-30-2000
<CASH>                                         107,569                 107,569
<SECURITIES>                                         0                       0
<RECEIVABLES>                                    1,487                   1,487
<ALLOWANCES>                                       163                     163
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               111,258                 111,258
<PP&E>                                          16,743                  16,743
<DEPRECIATION>                                   2,591                   2,591
<TOTAL-ASSETS>                                 148,794                 148,794
<CURRENT-LIABILITIES>                            6,972                   6,972
<BONDS>                                          7,851                   7,851
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                       186,521                 186,521
<OTHER-SE>                                    (52,550)                (52,550)
<TOTAL-LIABILITY-AND-EQUITY>                   148,794                 148,794
<SALES>                                          2,552                   4,201
<TOTAL-REVENUES>                                 2,552                   4,201
<CGS>                                            3,047                   5,217
<TOTAL-COSTS>                                    9,943                  20,525
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                 166                     276
<INCOME-PRETAX>                                (8,879)                (19,401)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                            (8,879)                (19,401)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (8,879)                (19,401)
<EPS-BASIC>                                     (0.25)                  (0.82)
<EPS-DILUTED>                                   (0.25)                  (0.82)


</TABLE>
yearID sourceTypeID sourceTypePopulation

2009 11 25886

2009 21 361617

2009 31 255661

2009 32 85412

2009 41 278

2009 42 158

2009 43 1891

2009 51 207

2009 52 13548

2009 53 1681

2009 54 3115

2009 61 2840

2009 62 3321
[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Notices]
[Page 33919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16482]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. RP97-346-000, TM97-3-24-000, and RP98-123-000]


Equitrans, L.P., Notice of Informal Settlement Conference

June 16, 1998.
    Take notice that an informal settlement conference will be convened 
in this proceeding on Thursday, June 25, 1998, at 10:00 a.m., at the 
offices of the Federal Energy Regulatory Commission, 888 First Street, 
NE, Washington, DC, 20426, for the purpose of reviewing the draft 
settlement documents in the above-referenced dockets.
    Any party, as defined by 18 CFR 385.102(c), or any participant, as 
defined by 18 CFR 385.102 (b), is invited to attend. Persons wishing to 
become a party must move to intervene and receive intervenor status 
pursuant to the Commission's regulations (18 CFR 385.214).
    For additional information, please contact Irene E. Szopo at (202) 
208-1602 or Robert A. Young at (202) 208-5705.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-16482 Filed 06-19-98; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 63, Number 16 (Monday, January 26, 1998)]
[Notices]
[Page 3729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1693]



[[Page 3729]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER98-1175-000]


Rochester Gas and Electric Corporation; Notice of Filing

January 20, 1998.
    Take notice that on December 22, 1997, Rochester Gas and Electric 
Corporation (RG&E) filed a Service Agreement between RG&E and The Power 
Company of America, L.P. (Customer). This Service Agreement specifies 
that the Customer has agreed to the rates, terms and conditions of the 
RG&E open access transmission tariff filed on July 9, 1996 in Docket 
No. OA96-141-000.
    RG&E requests waiver of the Commission's sixty (60) day notice 
requirements and an effective date of December 12, 1997, for The Power 
Company of America, L.P., Service Agreement. RG&E has served copies of 
the filing on the New York State Public Service Commission and on the 
Customer.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and procedure (18 CFR 385.211 and 385.214). All such motions 
or protests should be filed on or before February 2, 1998. Protests 
will be considered by the Commission in determining the appropriate 
action to be taken, but will not serve to make the protestants parties 
to the proceeding. Any person wishing to become a party must file a 
motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-1693 Filed 1-23-98; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Page 34645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16891]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Project No. 405-043]


Susquehanna Power Company and Philadelphia Electric Company; 
Notice of Petition for Declaratory Order

June 19, 1998.
    On May 12, 1998, the Mayor and City Council of Baltimore, Maryland 
(Baltimore) filed a petition for declaratory order and supporting 
memorandum, seeking a Commission order declaring: (1) That the 
Commission has exclusive jurisdiction over pool elevations and pool 
operations of the Conowingo Project No. 405; (2) that the Licensees for 
the project must comply with all orders of this Commission concerning 
the project; and (3) such further and other relief as the Commission 
may deem appropriate.
    Baltimore's petition is prompted by concerns that water withdrawals 
it makes from the project reservoir may be restricted as a result of 
certains actions being taken by the Susquehanna River Basin Commission.
    Anyone may submit comments, a protest, or a motion to intervene in 
accordance with the requirements of the Commission's Rules of Practice 
and Procedure, 18 CFR 385.210, 385.211, and 385.214. In determining the 
appropriate action to take, the Commission will consider all protests 
and other comments, but only those who file a motion to intervene may 
become a party to the proceeding. Comments, protests, or motions to 
intervene must be filed by July 27, 1998; must bear in all capital 
letters the title ``COMMENTS,'' ``PROTEST,'' or ``MOTION TO 
INTERVENE,'' as applicable, and Project No. 405-043. Send the filings 
(original and 8 copies) to: The Secretary, Federal Energy Regulatory 
Commission, 888 First Street, NE, Washington, DC 20426. A copy of any 
filing must also be served on each representative of the petitioner 
named in its petition.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-16891 Filed 6-24-98; 8:45 am]
BILLING CODE 6717-01-M
Exhibit
32.1




CERTIFICATION




The
undersigned officer of Albany Molecular Research, Inc. (the “Company”)
hereby certifies to his knowledge that the Company’s Quarterly Report on
Form 10-Q to which this certification is attached (the “Report”), as filed
with the Securities and Exchange Commission on the date hereof, fully complies
with the requirements of Section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934, as amended (the “Exchange Act”), and that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company. This
certification is provided solely pursuant to 18 U.S.C. Section 1350 and
Item 601(b)(32) of Regulation S-K (“Item 601(b)(32)”) promulgated
under the Securities Act of 1933, as amended (the “Securities Act”), and the
Exchange Act. In accordance with clause (ii) of Item 601(b)(32), this
certification (A) shall not be deemed “filed” for purposes of
Section 18 of the Exchange Act, or otherwise subject to the liability of
that section, and (B) shall not be deemed to be incorporated by reference
into any filing under the Securities Act or the Exchange Act, except to the
extent that the Company specifically incorporates it by reference.




Date:
      August 6, 2010/s/ Thomas E. D’AmbraName:
      Thomas E. D’Ambra, Ph.D.Title:
      President and Chief Executive
Officer
(November 16, 2017)

#### Joseph Aquino, Appellant, v Douglas Elliman Realty, LLC, et al., Respondents, et al., Defendants.

[65 NYS3d 130]

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about December 22, 2016, which, insofar as appealed from as limited by the briefs, granted the motion of the Douglas Elliman defendants to dismiss the first, fourth and fifth causes of action of the amended complaint, with limited leave to replead the first cause of action, unanimously modified, on the law, to permit plaintiff to replead the fourth and fifth causes of action, and as so modified, affirmed, without costs. Appeal from order, same court and Justice, entered on or about October 24, 2016, unanimously dismissed, without costs, as superseded by the December 22, 2016 order.

The motion court correctly dismissed the first, fourth and fifth causes of action. The court appropriately determined that the complaint failed to state a breach of contract claim since it *473neither alleged an express nor an implied agreement that the parties mutually agreed upon. As such, there were no terms to be breached *(see Peters v Accurate Bldg. Inspectors Div. of Ubell Enters., Inc.,*29 AD3d 972, 973 [2d Dept 2006]; *see also Flores v Lower E. Side Serv. Ctr., Inc.,*4 NY3d 363, 369 [2005]). Additionally, the court properly dismissed the unjust enrichment claim as it failed to explain why the benefit retained by the Douglas Elliman defendants was unjust *(see Sperry v Crompton Corp.,*8 NY3d 204, 215 [2007]), and the quantum meruit claim as it did not establish the reasonable value of the services plaintiff provided to said defendants *(see Freedman v Pearlman,*271 AD2d 301, 304 [1st Dept 2000]).

However, in addition to the motion court’s limited grant of leave to replead the first cause of action, we grant leave to re-plead the fourth and fifth causes of action *(see*CPLR 3025 [b]; *170 W. Vil.*Assoc. v *G & E Realty, Inc.,*56 AD3d 372, 372 [1st Dept 2008] [leave to replead is freely granted absent prejudice or surprise]). At this juncture it cannot be determined, as a matter of law, that plaintiff will be unable to allege the requisite elements of his various causes of action (see *Slabakis v Schik,*154 AD3d 407 [1st Dept 2017], citing *Davis v Scottish Re Group Ltd.,*138 AD3d 230, 236, 238 [1st Dept 2016]).

Accordingly, plaintiff has leave to serve an amended complaint repleading the breach of contract claim insofar as it pertains to the commissions that he has not received, but which have now become due and/or accrued, and as to the deductions allegedly taken by Douglas Elliman. Furthermore, plaintiff is granted leave to replead the unjust enrichment and quantum meruit causes of action as Douglas Elliman disputes whether a contract was ever entered into *(see American Tel. & Util. Consultants v Beth Israel Med. Ctr.,*307 AD2d 834, 835 [1st Dept 2003]; *Kramer v Greene,*142 AD3d 438, 441-442 [1st Dept 2016]; *Eastern Consol. Props., Inc. v Waterbridge Capital LLC,*149 AD3d 444, 444-445 [1st Dept 2017]; *Farina v Bastianich,*116 AD3d 546, 548 [1st Dept 2014]).

Concur—Tom, J.P., Richter, Andrias, Gesmer and Singh, JJ.
#### Com. v. Yingling

08/02/2016

62 WAL (2016)

Denied

Pa.Super., 141 A.3d 592
Table of Contents

Exhibit32.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002

In connection with the Quarterly Report of ScottishRe Group Limited (the ‘‘Company’’) on Form10-Q for the quarterly period ended June  30,  2006 asfiled with the Securities and Exchange Commission on the date hereof(the ‘‘Report’’), I, Paul Goldean, ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

The Report fully complies withthe requirements of Section 13(a) or 15(d) of the Securities ExchangeAct of 1934; and

The information contained in the Report fairlypresents, in all material respects, the financial condition and resultof operations of the Company.

/s/ PaulGoldean

Paul Goldean Chief ExecutiveOfficer August  14,  2006

A signed original ofthis written statement required by Section 906 has been provided toScottish Re Group Limited and will be retained by Scottish Re GroupLimited and furnished to the Securities and Exchange Commission or itsstaff upon request.

----
EXHIBIT 32.2
                                                                    ------------



                    CERTIFICATION OF CHIEF FINANCIAL OFFICER


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

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. ss. 1350),
the undersigned, David C. Kahn, Chief Financial Officer of Network-1 Security
Solutions, Inc., a Delaware corporation (the "Company"), does hereby certify to
his knowledge, that:

The Quarterly Report of Form 10-QSB for the quarter ended March 31, 2004 of the
Company (the "Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Act of 1934, and the information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

                                                     /s/ David C. Kahn
                                                     -----------------------
                                                     Chief Financial Officer
                                                     May 17, 2004
Order issued July 29, 2015

S

In The

Court of Appeals 

Fifth District of Texas at Dallas 

________________________________________

No. 05-14-01452-CR

________________________________________

DAVID BRADLEY NEWTON, Appellant

V.

THE STATE OF TEXAS, Appellee

O R D E R

Before Chief Justice Wright and Justices Brown and Stoddart

Based on the Court’s opinion of this date, we GRANT the March 31, 2015 motion of 

Julie Woods for leave to withdraw as appointed counsel on appeal. We DIRECT the Clerk of 

the Court to remove Julie Woods as counsel of record for appellant. We DIRECT the Clerk of 

the Court to send a copy of this order and all future correspondence to David Bradley Newton, 

Bookin No. 14061749, North Tower 4E04, Dallas County Jail, P. O. Box 660334, Dallas, Texas, 

75266-0334.

/Ada Brown/

ADA BROWN

JUSTICE
# DLA Europe & Africa local national employees recognized for decades of service

/ Published July 25, 2023
KAISERLAUTERN, Germany  , 
Local national employees supporting Defense Logistics Agency Europe & Africa earned recognition for 80 years of cumulative service at Ramstein Air Base, Germany, July 12.

Dragan Civric with DLA Information Operations Europe & Africa was recognized for 40 years of service to the United States. Both Ece Karayel-Uzun and Traudel Kraemer from DLA Energy Europe & Africa and DLA Troop Support Europe & Africa, respectively, were recognized for 20 years of service.

“Herr Civric plays a critical role in DLA Europe & Africa in asset management and is known by many personnel in Europe as an outstanding, helpful, customer-focused employee,” said Janis Spear, chief of staff and chief of the business management office for DLA Europe & Africa. “We thank Herr Civric for his 40 years of service as well as the outstanding work for our other local national award recipients.”

Awards were presented by 86th Airlift Wing Commander Air Force Brig. Gen. Otis Jones and his Command Chief Air Force Chief Master Sgt. Charmaine Kelley. Jones and Kelley honored a total of 80 local nationals employed by U.S. Air Forces Europe and Africa, the Defense Commissary Agency and DLA Europe & Africa for their years of service.
STATE OF WASHINGTON 

### DEPARTMENT OF ECOLOGY PO Box 47600 • Olympia, WA 98504-7600 • 360-407-6000 711 for Washington Relay Service • Persons with a speech disability can ca/1877-833-6341 August 5, 2014

Re: 60-Day Consultation on Proposed Revision to BART Order for BP CherryPoint Refinery Ladies and Gentlemen: You are receiving this as the representative ofa Federal Land Manager or a neighboring state that has consulted with Ecology onWashington's Regional Haze State Implementation Plan (RH-SIP). Ecologyis proposing a revision to the BART Order issuedto the BP Cherry Point Refinery for inclusion in the RH-SIP. This letter constitutes the start ofthe mandatory 60-day consultationperiod with the Federal Land Managers. OnMay 5, 2014, BP Cherry Point Refineryrequested specific revisions to the emission limitations for two subject to BART emission units and additional minor changes. Ecologyhas reviewed the request and has developed a support document discussing the request and our proposed action to address the request. The net effect ofthe emission changes is a decrease of 10.4 tons ofNOxperyear. Ecologyis proposingto revise the Order included inthe RH-SIP inthe following ways:

• Allow an increase in the NOx emissions from one subject to BART process heater. • Offset that increase by a decrease inthe emissions in another subject to BART process heater. • Incorporate a new condition addressing BART emission limitations when a specific subject to BART emissionunit is decommissioned. • Incorporate a new conditionto allow for updating ofmonitoring, recordkeeping, and reporting requirements inthe BART Orderbyregulatory order. The revised Order will be submittedto EPA as an amendment to the Washington RH-SIP. Any comments or concerns expressedbyyou onbehalfofyour agency will be includedinthe documents related adoption ofthe proposedrevision into the SIP. After this consultation is complete, we will hold a public comment period and hearing onboth the revision to the BART Order and its submission to EPA for inclusion inthe Washington RHSIP.Ladies and Gentlemen August 5, 2014 Page2

Ifyou have any questions on this proposal, please feel free to contact Alan Newman at (360) 407-6810 or alan.newman@ecy.wa.gov. Sincerely,

Julie Oliver Planning and Development Section Manager Air Quality Program Enclosures: Proposed BART Order, Revision 2 Technical Support Document for Revision 2

cc: Brett Anderson, USFS Steve Body, EPA Region 10 Pat Brewer, NPS Anya Caudill, Ecology Stu Clark, Ecology Tonnie Cummings, NPS Mike Edwards, Idaho DEQ Brian Finneran, Oregon DEQ Rick Graw, USFS JeffJohnston, Ecology Alan Newman, Ecology Janice Peterson, USFS
No. 10-5989.

#### Elizabeth Curry White, Petitioner v. Jennifer Arnold, et al.; and Elizabeth Curry White, Petitioner v. Ken Anderson.

562 U.S. 985, 131 S. Ct. 422,

178 L. Ed. 2d 329,

2010 U.S. LEXIS 8164.

October 18, 2010.

Petition for writ of certiorari to the Court of Appeal of California, First Appellate District, denied.