alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
June 26, 2014

JUDGMENT

The Fourteenth Court of Appeals

MINDI M., INDIVIDUALLY AND AS NEXT FRIEND OF S.M., A CHILD, 

Appellant

NO. 14-13-00515-CV V.

THE FLAGSHIP HOTEL, LTD, FLAGSHIP HOSPITALITY, INC., 

INDIVIDUALLY AND D/B/A FLAGSHIP HOTEL, Appellees

________________________________

This cause, an appeal from the judgment in favor of appellees, The Flagship 

Hotel, Ltd, Flagship Hospitality, Inc., Individually and d/b/a Flagship Hotel, signed

January 28, 2013, was heard on the transcript of the record. We have inspected the 

record and find that the trial court erred by disposing of the claim for negligent 

hiring, retention, and supervision. We therefore order that the portions of the 

judgment that dispose of the claim for negligent hiring, retention, and supervision 

are REVERSED and ordered severed and REMANDED for proceedings in 

accordance with this court’s opinion.

Further, we find no error in the remainder of the judgment and order it 

AFFIRMED.

We order that each party shall pay its costs by reason of this appeal.

We further order this decision certified below for observance.
Exhibit 32.2



Section 1350 Certification of Chief Financial
Officer



In connection
with the Annual Report on Form 10-K of Xtant Medical Holdings, Inc. (the "Company") for the annual period ended
December 31, 2017 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Laura
Kendall, Deputy Restructuring Officer of the Company, certify, to the best of my knowledge and belief, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 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(a) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|/s/ Laura Kendall                                                             | 
|----------------------------------------------------------------------------- | 
|Laura Kendall                                                                 | 
|Deputy Restructuring Officer
        (serving as principal financial officer) | 
|April 2, 2018                                                                 |
**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 TXP Corporation (the "Company") on
      Form
      10-QSB for the quarter ended September 30, 2007 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), I, R. Christopher Ryan,
      Chief Financial Officer and Principal Financial Officer of the Company, certify,
      pursuant to 18 U.S.C. 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 and Exchange Act of 1934; and





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





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





November
      15, 2007




/s/*R
                Christopher Ryan**R.
                Christopher Ryan*
              *Chief
                Financial Officer (Principal Accounting and Financial*
              *Officer)*
[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Notices]
[Page 12865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6595]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MARITIME COMMISSION


Notice of Agreements Filed

    The Commission hereby gives notice of the filing of the following 
agreements under the Shipping Act of 1984. Interested parties may 
submit comments on agreements to the Secretary, Federal Maritime 
Commission, Washington, DC 20573, within ten days of the date this 
notice appears in the Federal Register. Copies of agreements are 
available through the Commission's Web site (http://www.fmc.gov) or 
contacting the Office of Agreements at (202)-523-5793 or 
<a href="/cdn-cgi/l/email-protection#b9cdcbd8dddcd8d7d8d5c0cad0caf9dfd4da97ded6cf"><span class="__cf_email__" data-cfemail="5b2f293a3f3e3a353a37222832281b3d3638753c342d">[email protected]</span></a>.

    Agreement No.: 011961-006.
    Title: The Maritime Credit Agreement.
    Parties: Alianca Navegacao e Logistica Ltda. & Cia; China Shipping 
Container Lines Co., Ltd.; CMA CGM, S.A.; Companhia Libra de Navegacao; 
Compania Libra de Navegacion Uruguay S.A.; Compania Sudamericana de 
Vapores, S.A.; COSCO Container Lines Company Limited; Dole Ocean Cargo 
Express; Hamburg-S[uuml]d; Hoegh Autoliners A/S; Independent Container 
Line Ltd.; Kawasaki Kisen Kaisha, Ltd.; Nippon Yusen Kaisha; Norasia 
Container Lines Limited; Safmarine Container Lines N.V.; Tropical 
Shipping & Construction Co., Ltd.; United Arab Shipping Company 
(S.A.G.); Wallenius Wilhelmsen Logistics AS; and Zim Integrated 
Shipping Services, Ltd.
    Filing Party: Wayne R. Rohde, Esq.; Sher & Blackwell LLP; 1850 M 
Street, NW.; Suite 900; Washington, DC 20036.
    Synopsis: The amendment deletes A.P. Moller-Maersk A/S as a party 
to the agreement.
    Agreement No.: 012065.
    Title: YMUK/CSCL Cross Slot Charter Agreement.
    Parties: China Shipping Container Lines Co., Ltd.; China Shipping 
Container Lines (Hong Kong) Co., Ltd.; and Yang Ming (UK), Ltd.
    Filing Party: Tara L. Leiter, Esq.; Blank Rome, LLP; Watergate; 600 
New Hampshire Avenue, NW.; Washington, DC 20037.
    Synopsis: The agreement authorizes the parties to share vessel 
space in the trade between U.S. Atlantic and Gulf ports and ports in 
Northern Europe and Mexico.


    By Order of the Federal Maritime Commission.

    Dated: March 20, 2009.
Tanga S. FitzGibbon,
Assistant Secretary.
 [FR Doc. E9-6595 Filed 3-24-09; 8:45 am]
BILLING CODE 6730-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 17-2499

___________________________

United States of America

lllllllllllllllllllll Plaintiff - Appellee

v.

Randy Robert Smith

lllllllllllllllllllll Defendant - Appellant

____________

Appeal from United States District Court 

for the Western District of Missouri - Kansas City

____________

 Submitted: February 26, 2018

Filed: March 2, 2018

[Unpublished]

____________

Before GRUENDER, MURPHY, and SHEPHERD, Circuit Judges. 

____________

PER CURIAM.

Randy Smith directly appeals the within-Guidelines-range sentence the district

court imposed after he pled guilty to being a felon in possession of a firearm. His 1

The Honorable Beth Phillips, United States District Judge for the Western

1

District of Missouri.
counsel has moved for leave to withdraw, and has filed a brief under Anders v.

California, 386 U.S. 738 (1967), arguing that the sentence is substantively

unreasonable, that the district court erred in applying a sentencing enhancement, and

that the district court erred by not properly considering Smith’s request for a

downward departure. In a pro se brief, Smith also challenges the sentencing

enhancement, and claims that he received ineffective assistance of counsel. 

To begin, we decline to consider Smith’s ineffective-assistance-of-counsel

claim on direct appeal. See United States v. Ramirez-Hernandez, 449 F.3d 824,

826-27 (8th Cir. 2006) (ineffective-assistance claims are usually best litigated in

collateral proceedings, where record can be properly developed).

Next, we find no error in the district court’s calculation of the Guidelines

range. See United States v. Turner, 781 F.3d 374, 393 (8th Cir. 2015) (this court

reviews district court’s application of Guidelines de novo, and its findings of fact for

clear error). We also conclude that the record demonstrates the district court

considered Smith’s request for a downward departure, and we find that the court’s

decision not to depart downward is unreviewable on appeal. See United States v.

Wanna, 744 F.3d 584, 589 (8th Cir. 2014) (when district court is aware of discretion

to depart downward under Guidelines and elects not to exercise discretion, then

decision is unreviewable).

Further, we conclude that the district court did not impose a substantively

unreasonable sentence. See United States v. Feemster, 572 F.3d 455, 461 (8th Cir.

2009) (en banc) (discussing appellate review of sentencing decisions); see also

United States v. Callaway, 762 F.3d 754, 760 (8th Cir. 2014) (on appeal,

within-Guidelines-range sentencemaybe presumed reasonable). In addition, we have

independently reviewed the record under Penson v. Ohio, 488 U.S. 75 (1988), and

-2-
have found no nonfrivolous issues for appeal. Accordingly, we grant counsel’s

motion to withdraw, and we affirm.

______________________________

-3-
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,532]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on March 10, 2009 in response to a worker petition filed by a company official on behalf of workers of Talbar, Inc., Meadville, Pennsylvania.

The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 17th day of March 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-6542 Filed 3-24-09; 8:45 am]

BILLING CODE 4510-FN-P
<TABLE> <S> <C>

<ARTICLE>      5
       
<S>                     <C>
<PERIOD-TYPE>           3-MOS
<FISCAL-YEAR-END>                        DEC-31-1998
<PERIOD-END>                             MAR-31-1998
<CASH>                                         33072
<SECURITIES>                                       0
<RECEIVABLES>                                  30565
<ALLOWANCES>                                       0
<INVENTORY>                                   182967
<CURRENT-ASSETS>                              258623
<PP&E>                                        333396
<DEPRECIATION>                                317093
<TOTAL-ASSETS>                                285024
<CURRENT-LIABILITIES>                         139906
<BONDS>                                            0
<COMMON>                                     4472042
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                   400000
<OTHER-SE>                                         0
<TOTAL-LIABILITY-AND-EQUITY>                  285024
<SALES>                                       106900
<TOTAL-REVENUES>                              106900
<CGS>                                          70579
<TOTAL-COSTS>                                  70579
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                              1107
<INCOME-PRETAX>                              (17364)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                          (17364)
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                 (17364)
<EPS-PRIMARY>                                   0.00
<EPS-DILUTED>                                   0.00
        

</TABLE>
IN RE: the Edward H.W. BOENKER Revocable Living Trust Dated July 21, 1997

ED 106929

Missouri Court of Appeals, Eastern District, DIVISION ONE.

Filed: June 25, 2019

Ronald D. Kwentus, Jr., Vatterott Harris P.C., 2458 Old Dorsett Rd., Suite 230, Maryland Heights, MO 63043, for appellant Matthew Boenker.

Matthew J. Rossiter, Maxwell G. Murtaugh, Rossiter & Boock, LLC, 124 Gay Avenue, St. Louis, MO 63105, for respondent Mary Allen.

Daniel P. Wheeler, Aaron Kirkland, Kirkland Woods & Martinsen LLP, 132 Westwoods Dr., Liberty, MO 64068, for respondent Anna Strong.

Genevieve Turner, Respondent Acting Pro Se.

Mark Boenker, Respondent Acting Pro Se.

Luke Boenker, Respondent Acting Pro Se.

Christy Elwell, Respondent Acting Pro Se.

John Boenker, Respondent Acting Pro Se.

Lucy Smith, Respondent Acting Pro Se.

Rose Frese, Respondent Acting Pro Se.

Before Lisa P. Page, C.J., Roy L. Richter, J., and Robert M. Clayton III, J.

*ORDER*

PER CURIAM.

*526Matthew C. Boenker ("Trustee") appeals the judgment of the trial court on the claims of Mary Allen ("Allen") and Anna Strong ("Strong") as beneficiaries of The Edward H.W. Boenker Revocable Living Trust ("the Trust"). We affirm.

In addition, both Allen and Strong have filed motions for attorneys' fees and costs on appeal. Allen requests fees in the amount of $ 22,005.00 and additional charges of $ 110.76. Strong requests $ 31,097.50 in fees and $ 839.25 in additional costs. Section 456.10-1004 RSMo (2016), provides the authority for our court to grant an award of fees and costs "as justice and equity may require." As a result, Allen and Strong's motions are granted. See also *O'Riley v. U.S. Bank, N.A.* , 412 S.W.3d 400, 419-20 (Mo. App. W.D. 2013) (appeal constitutes a "judicial proceeding involving the administration of a trust," thus could serve as the basis for an award of fees on appeal). Allen is awarded $ 22,115.76 in fees and costs, to be paid by Trustee. Strong is awarded $ 31,936.75 in fees and costs, to be paid by Trustee.

An extended opinion would have no precedential value. The parties have been furnished with a memorandum for their information only, setting forth the reasons for this order pursuant to Rule 84.16(b).
<PAGE>

EXHIBIT  NO. 10.49

                             SECOND AMENDMENT TO THE
                         EXECUTIVE EMPLOYMENT AGREEMENT


        This Second Amendment to Executive Employment Agreement is entered into
on this 20th day of December, 2007 and effective as of January 1, 2008, by and
between Calton, Inc. (the "Employer" or the "Company"), a New Jersey corporation
which maintains its principal executive offices at 2050 40th Avenue, Suite One,
Vero Beach, Florida 32960, and Anthony J. Caldarone (the "Executive"), an
individual residing at 162 Anchor Drive, Vero Beach, Florida 32963.

        WHEREAS, the Employer and Executive have entered into an Executive
Employment Agreement dated as of January 1, 2006 and the First Amendment to the
Executive Employment Agreement dated February 26, 2007 (the "Employment
Agreement");

        WHEREAS, the term of the Employment Agreement expires on December 31,
2007;

        WHEREAS, the Executive agreed that his Base Compensation would remain
the same and be set at $1.00 per annum in order to reduce the Company's
operating expenses;

        WHEREAS, the Employer and Executive wish to extend the term of the
Employment Agreement to December 31, 2008;

        WHEREAS, the Employer and Executive wish to amend the Employment
Agreement to confirm the arrangements described above;

        NOW, THEREFORE, in consideration of the representations, covenants and
agreements contained herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, and intending to be
legally bound hereby, the parties hereto agree as follows:

1.      EXTENSION OF TERM. Section 1.1 of the Employment Agreement is hereby
        amended to read in its entirety as follows:

                1.1     TERM. The term of this Agreement shall commence on
        January 1, 2008 and end on December 31, 2008 (the "Term"), unless
        further extended or sooner terminated as hereinafter provided.

        IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first written above.



WITNESS:



------------------------------------         ----------------------------------
                                             Anthony J. Caldarone

ATTEST:                                      CALTON, INC.



                                         By:
------------------------------------         ----------------------------------
Mary H. Magee, Secretary                     Vicky F. Savage, Vice President
                                             and Acting Chief Financial Officer
Clifton C. WILLIAMS, Appellant/Petitioner(s), v. Micarline LAVENTURE, Appellee/Respondent(s).

CASE NO.: 2D16-0452

District Court of Appeal of Florida, Second District.

June 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
| (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 of the Company as of the dates      presented, and results of operations of the Company for the periods      presented. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                         |                                                                                                                                       |
|----------------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------|
| Date: November      5,  2009  |                                                                                                                                       |
|                                         |                                                                                                                                       |
|                                         | /s/ Timothy Miller                                                                                                                         |
|                                         | Timothy      Miller                                                                                                                        |
|                                         | Chief      Executive      Officer and acting Chief      Executive Officer and acting Chief Financial Officer |
|                                         | (Principal      Executive Officer and Principal AccountingOfficer)                                                                         |

----
EXHIBIT
32.2





CERTIFICATION





Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and
(b) of


Section
1350, Chapter 63 of Title 18, United States Code)





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of Asia Global Holdings Corp., a Nevada corporation (the
"Company"), does hereby certify, to such officer's knowledge, that:





The
Annual Report on Form 10-Q for the period ended March 31, 2009 (the "Form 10-Q")
of the Company fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934 and information contained in the Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operations of the Company.





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





Date:
      May 20, 2009
              /s/
      John LeperJohn
      Leper, Chief Executive
Officer