alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PRINCIPAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. PROLOGIS DEVELOPMENT SERVICES, INC., Defendant-Appellant.

Nos. 03-5377, 03-5477.

United States Court of Appeals, Sixth Circuit.

May 18, 2004.

R. Gregg Hovious, Tachau, Maddox, Hovious & Dickens, Louisville, KY, for Plaintiff-Appellee.

Barry D. Hunter, Frost, Brown *&*Todd, Lexington, KY, Jeffrey W. Sarles, Michael P. Rissman, Mayer, Brown, Rowe *&*Maw, Chicago, IL, for Defendant-Appellant.

Before: RYAN, DAUGHTREY, and CLAY, Circuit Judges.

PER CURIAM.

The plaintiff, Principal Life Insurance Company, was the purchaser of a piece of *629property owned by the defendant, ProLogis Development Services, Inc., under a purchase and sale agreement that was amended to set up an escrow account in response to the buyer’s concerns about past environmental contamination on the property. Under the terms of the agreement, if ProLogis could supply what is referred to in the record as a “no-action letter” from the state department of environmental protection, it would be entitled to the proceeds of the escrow account. Otherwise, the money was to be returned to the buyer.

Specifically, the escrow agreement called for “a letter of non-responsibility with respect to the Contamination, containing no condition or future obligation imposed on any owner of the Property to remediate that Contamination or install monitoring wells or otherwise clean up, test or monitor the Contamination.” The strongest statement that the seller was able to wrest from the state agency, however, was that, based on applicable state law, ProLogis was “not responsible for the environmental impacts that occurred to the property [in question] prior to [its] ownership .... ” When the agency was asked to extend this commitment to exonerate all subsequent owners of liability, the agency declined to “grant such a blanket absolution to any future owner” because, it said, “it is not possible to make a prediction as to the liability of every possible future buyer.” The letter indicated that “[i]f the new owner [Principal] has no more reason for liability than ProLogis, then they should have no more concern than ProLogis,” but this statement was not sufficient to satisfy the buyer under the terms of the escrow agreement. This action for a declaratory judgment then followed.

The district court held that the “no-action letter” proffered by the seller did not meet the conditions set out in the escrow agreement and entered judgment in favor of the plaintiff, Principal. Having had the benefit of oral argument, and having studied the record on appeal and the briefs of the parties, we are not persuaded that the district court erred in doing so. Because the reasons why judgment should be entered for the plaintiff have been fully articulated by the district court, the issuance of a detailed opinion by this court would be duplicative and would serve no useful purpose. Accordingly, we AFFIRM the judgment of the district court upon the reasoning set out by that court in its memorandum opinion entered on May 1, 2002, and its memorandum and order entered on February 7, 2003.
## COURT OF APPEALS SECO ND DISTRICT OF T EXAS FORT WORTH N O

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. D E L I V E R E D : D e c e m b e r 3 , 2 0 0 9

2
Exhibit 13.1
 
 
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER REQUIRED BY 18 U.S.C. SECTION 1350
  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 Annual Report of Dragon Jade International Limited (the “Company”) on Form 20-F for the fiscal year ended March 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Lai Yat Man, Chief Executive 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 my knowledge:





(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.





August 14, 2013/s/ Lai Yat ManName:
Lai Yat ManTitle:
Chief Executive Officer
----

| Date:  | November 13,                2007 |   |                                       |
|--------|---------------------------------------|--------|--------------------------------------------|
|   |                                  | By:    | /s/                John W. Alvey           |
|   |                                  |   | John                W. Alvey               |
|   |                                  |   | Treasurer                and               |
|   |                                  |   | Principal                Financial Officer |
|   |                                  |   | Maxus                Realty Trust, Inc.    |
```

[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Notices]
[Pages 1339-1340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00380]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF943

New England Fishery Management Council; Public Meeting

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

ACTION: Notice; public meeting.

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

SUMMARY: The New England Fishery Management Council (Council) is 
scheduling a public meeting of its

[[Page 1340]]

Recreational Advisory Panel to consider actions affecting New England 
fisheries in the exclusive economic zone (EEZ). Recommendations from 
this group will be brought to the full Council for formal consideration 
and action, if appropriate.

DATES: This meeting will be held on Wednesday, January 24, 2018 at 9 
a.m.

ADDRESSES: The meeting will be held at the DoubleTree by Hilton, 50 
Ferncroft Road, Danvers, MA 01950; phone: (978) 777-2500.
    Council address: New England Fishery Management Council, 50 Water 
Street, Mill 2, Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Thomas A. Nies, Executive Director, 
New England Fishery Management Council; telephone: (978) 465-0492.

SUPPLEMENTARY INFORMATION:

Agenda

    The Recreational Advisory Panel will provide recommendations to the 
Groundfish Committee on FY2018 recreational measures for Gulf of Maine 
cod and haddock, and possibly Georges Bank cod. The advisory panel will 
also consider providing a recommendation to the Groundfish Committee 
for a new control date for the party/charter fishery. They will also 
receive an overview of the Council's priorities for 2018. Other 
business will be discussed as necessary.
    Although non-emergency issues not contained in this agenda may come 
before this group for discussion, those issues may not be the subject 
of formal action during these meetings. Action will be restricted to 
those issues specifically listed in this notice and any issues arising 
after publication of this notice that require emergency action under 
section 305(c) of the Magnuson-Stevens Act, provided the public has 
been notified of the Council's intent to take final action to address 
the emergency.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Thomas A. Nies, Executive Director, at (978) 465-
0492, at least 5 days prior to the meeting date.

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

    Dated: January 8, 2018.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2018-00380 Filed 1-10-18; 8:45 am]
BILLING CODE 3510-22-P
```
[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14590-14591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7106]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,068]


Littelfuse, Incorporated; Arcola, IL; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 2, 2009 in response to a 
petition filed on behalf of a One-Stop Operator/Partner for Littelfuse, 
Incorporated, Arcola, Illinois.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.


[[Page 14591]]


    Signed at Washington, DC, this 16th day of March 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7106 Filed 3-30-09; 8:45 am]
BILLING CODE
Mark McKinley GOLDRING, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-4425

District Court of Appeal of Florida, Second District.

Opinion filed October 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Elizabeth BENKOVITCH, Appellant, v. DEUTSCHE BANK NATIONAL TRUST COMPANY, Appellee.

No. 3D17-1560

District Court of Appeal of Florida, Third District.

Opinion filed December 20, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Lisa A. ROBINSON, Appellant, v. Mark ROBINSON; Harbour Watch Developers, Inc. ; Eyekon Medical, Inc. ; Robinson Properties, LLC; and Robinson Equipment, LLC, Appellee.

Case No. 2D16-4826

District Court of Appeal of Florida, Second District.

Opinion filed September 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Aaron WRIGHT, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3300

District Court of Appeal of Florida, First District.

Opinion filed November 2, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
[No. 21614-4-III.

Division Three.

April 29, 2004.]

#### The State of Washington, *Respondent,*v. Alecia Dawn Penado, *Appellant.*

Appeal from a judgment of the Superior Court for Yakima County, No. 02-1-01295-2, James P. Hutton, J., entered November 8, 2002. *Affirmed*by unpublished opinion per Brown, J., concurred in by Kato, C.J., and Sweeney, J.
III 

118TH CONGRESS 

2D SESSION H. RES. 995 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2024 

Received 

RESOLUTION 

Appointing and authorizing managers for the impeachment 

trial of Alejandro Nicholas Mayorkas, Secretary of 

Homeland Security. 

1 Resolved, That Mr. Green of Tennessee, Mr. McCaul, 

2 Mr. Biggs, Mr. Higgins of Lousiana, Mr. Cline, Mr. 

3 Guest, Mr. Garbarino, Ms. Greene of Georgia, Mr. 

4 Pfluger, Ms. Hageman, and Ms. Lee of Florida, are ap5 pointed managers to conduct the impeachment trial 

6 against Alejandro Nicholas Mayorkas, Secretary of Home7 land Security, that a message be sent to the Senate to 

8 inform the Senate of these appointments, and that the 

9 managers so appointed may, in connection with the prepa10 ration and the conduct of the trial, exhibit the articles of 

11 impeachment to the Senate and take all other actions nec12 essary, which may include the following: 


ssavage on LAPJG3WLY3PROD with BILLS
2 

HRES 995 RDS 

1 (1) Employing legal, clerical, and other nec2 essary assistants and incurring such other expenses 

3 as may be necessary, to be paid from amounts avail4 able to the Committee on Homeland Security under 

5 applicable expense resolutions or from the applicable 

6 accounts of the House of Representatives. 

7 (2) Sending for persons and papers, and filing 

8 with the Secretary of the Senate, on the part of the 

9 House of Representatives, any pleadings, in conjunc10 tion with or subsequent to, the exhibition of the arti11 cles of impeachment that the managers consider nec12 essary. 

MIKE JOHNSON, 

Speaker of the House of Representatives. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


ssavage on LAPJG3WLY3PROD with BILLS
Darrell SIRMANS, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3632

District Court of Appeal of Florida, First District.

Opinion filed November 29, 2017.

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
1

The Honorable Laurie Smith Camp, United States District Judge for the

District of Nebraska.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 11-2485

___________

Michael Bauermeister, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* District of Nebraska.

Kor Xiong, President of Hmong *

Satellite TV, Inc., * [UNPUBLISHED]

*

Appellee. *

___________

Submitted: September 16, 2011

 Filed: September 21, 2011

___________

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

___________

PER CURIAM.

Michael Bauermeister appeals the district court’s1

 28 U.S.C. § 1915(e)(2)(B)

dismissal of his complaint, in which he requested that criminal charges be brought

against the defendant. Upon careful review, we conclude that the dismissal was

proper. See United States v. Batchelder, 442 U.S. 114, 124 (1979) (“[w]hether to

prosecute and what charges to file or bring before a grand jury are decisions that

generally rest in the prosecutor’s discretion”); cf. Koll v. Wayzata State Bank,
-2-

397 F.2d 124, 127 (8th Cir. 1968) (affirming dismissal where plaintiff failed to plead

intelligible grounds for federal jurisdiction; basis for federal jurisdiction must

affirmatively appear clearly and distinctly). We further conclude that, to the extent

Mr. Bauermeister has attempted to advance a new claim on appeal, that claim is not

properly before this court. See Stone v. Harry, 364 F. 3d 912, 914 (8th Cir. 2001)

(stating general rule that claims not presented in district court may not be advanced

for first time on appeal).

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Page 14591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7127]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,841]


Mar/Tron; Flippin, AR; Notice of Termination of Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on January 9, 2009 in response to a 
petition filed by a company official on behalf of workers of Mar/Tron, 
Flippin, Arkansas.
    The petitioner has requested that the petition be withdrawn. 
Therefore, the investigation under this petition has been terminated.

    Signed at Washington, DC, this 16th day of March 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-7127 Filed 3-30-09; 8:45 am]
BILLING CODE 4510-FN-P
Jacob J. MERCER, Appellant, v. STATE of Florida, Appellee.

CASE NO. 1D17-3238

District Court of Appeal of Florida, First District.

Opinion filed October 12, 2017

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
<TABLE>
<CAPTION>
                                 CONCURRENT COMPUTER CORPORATION
                                            EXHIBIT 11

                       BASIC AND DILUTED EARNINGS (LOSS) PER SHARE COMPUTATION


                                             THREE MONTHS ENDED                 SIX MONTHS ENDED
                                                 DECEMBER 31,                     DECEMBER 31,
                                            2000             1999             2000            1999
                                       ---------------  ---------------  ---------------  -------------
                                        BASIC/DILUTED    BASIC/DILUTED    BASIC/DILUTED   BASIC/DILUTED
                                       ---------------  ---------------  ---------------  -------------
<S>                                    <C>              <C>              <C>              <C>
Average outstanding shares:                    54,675           51,560           54,332         50,262
Dilutive options outstanding                        -                -                -              -
                                       ===============  ===============  ===============  =============
Equivalent Shares                              54,675           51,560           54,332         50,262
                                       ===============  ===============  ===============  =============

Net income (loss) available to common
  stockholders                         $       (4,158)  $      (16,775)  $       (5,952)  $    (19,326)
                                       ===============  ===============  ===============  =============
Earnings (loss) per share              $        (0.08)  $        (0.33)  $        (0.11)  $      (0.38)
                                       ===============  ===============  ===============  =============
</TABLE>


                                      -20-
<PAGE>
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1046 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 1046

 To amend title 49, United States Code, with respect to apportionments 
for small airports under the Airport Improvement Program, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 29, 2023

 Mr. Barrasso introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
 To amend title 49, United States Code, with respect to apportionments 
for small airports under the Airport Improvement Program, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Airport Regulation Relief Act 
of 2023''.

SEC. 2. APPORTIONMENTS.

    Section 47114(c)(1) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(K) Special rule for fiscal years 2024 through 
                2026.--Notwithstanding subparagraph (A), the Secretary 
                shall apportion to the sponsor of an airport under that 
                subparagraph, for each of fiscal years 2024, 2025, and 
                2026, an amount based on the number of passenger 
                boardings at the airport during calendar year 2019, 
                2020, or 2021, whichever had the highest number of 
                passenger boardings, if the airport had--
                            ``(i) fewer than 10,000 passenger boardings 
                        during the calendar year used to calculate the 
                        apportionment for fiscal year 2024, 2025, or 
                        2026, as applicable, under subparagraph (A); 
                        and
                            ``(ii) 10,000 or more passenger boardings 
                        during calendar year 2019.''.
                                 <all>
```
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 954 Engrossed in House (EH)]

<DOC>
H. Res. 954

                In the House of Representatives, U. S.,

                                                      January 10, 2024.
    Resolved, That the following named Member be, and is hereby, elected to the 
following standing committee of the House of Representatives:
    Committee on the Budget: Mr. Edwards
            Attest:

                                                                          Clerk.
```
Douglas SPENCER, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-4976

District Court of Appeal of Florida, Second District.

Opinion filed October 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q of Medical Action Industries Inc. (the Company) for the quarter ended September 30,
2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Paul D. Meringolo, Chief Executive Officer, Chairman of the Board and President of the Company, certifies, to the best knowledge
and belief of the signatory, pursuant to 18 U.S.C. §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; 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/    PAUL D. MERINGOLO                                    
|Chief Executive Officer, Chairman of the Board and President



Date: November 8, 2005