alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

PETTER INVESTMENTS, DBA RIVEER,

Plaintiff-Appellant

v.

HYDRO ENGINEERING,

Defendant-Appellee

CALIFORNIA CLEANING SYSTEMS,

Defendant

______________________ 

2016-2634

______________________ 

Appeal from the United States District Court for the 

District of Utah in No. 2:14-cv-00045-DB-DBP, Senior 

Judge Dee V. Benson.

______________________ 

JUDGMENT

______________________ 

STEPHEN M. LOBBIN, One LLP, Newport Beach, CA, 

argued for plaintiff-appellant.

 MARK A. MILLER, Holland & Hart LLP, Salt Lake 

City, UT, argued for defendant-appellee. Also represented by BRETT L. FOSTER. 

______________________ 
 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (DYK, LINN, and HUGHES, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 September 11, 2017 /s/ Peter R. Marksteiner 

 Date Peter R. Marksteiner

 Clerk of Court
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 Viosolar Inc. (the "Company") on Form 20-F for the period ending July 31, 2011, and as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jenifer Walchuk, Chief Financial Officer and Director of the Company, certify, pursuant to 18 U.S.C. ss. 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.





Date: January 31, 2012
By:
/s/ Jenifer WalchukName: Jenifer WalchukTitle: Chief Financial Officer and Director (Principal Accounting Officer)
AMENDMENT
TO


CHANGE
IN CONTROL AGREEMENT BETWEEN


DAVID
L. ADAMS AND PACIFIC COAST NATIONAL BANK




WHEREAS,
on August 10, 2007, David L. Adams entered into a Change in Control Agreement
(the “Agreement”) with Pacific Coast National Bank (the “Bank”), a wholly owned
subsidiary of Pacific Coast National Bancorp (the “Company”);




WHEREAS,
the Agreement includes provisions that provide, or may provide, for deferred
compensation and therefore must be amended to comply with Section 409A of the
Internal Revenue Code and the regulations and guidance of general applicability
issued thereunder (“Section 409A”);




WHEREAS,
the Agreement may be amended by the parties to the Agreement; and




WHEREAS,
the parties desire to amend the Agreement in the manner provided
below.




NOW,
THEREFORE, the foregoing considered, it is agreed as follows:




1.  Effective
as of January 1, 2008, the Agreement be amended to include the following
amendments:




a. Section 2 of the
Agreement is amended to read as follows:




“In the
event of a Change in Control which occurs during the time Executive is employed
by the Bank, the Bank shall pay to Executive, no later than 30 days after the
effective time of the Change in Control, a cash lump sum payment equal to 299%
of his Base Amount as defined in Section 280G(b)(3) of the Internal Revenue Code
of 1986, as amended (the “Code”).  For purposes of the preceding
sentence the phrase “Change in Control” shall mean a change in the ownership or
effective control of the Company or the Bank or a change in the ownership of a
substantial portion of the assets of the Company or the Bank, all within the
meaning of Code Section 409A(a)(2)(A)(v) and the regulations
thereunder.  Notwithstanding the following, a shareholder or
shareholders may make the following transfers and such transfers shall be deemed
not to be a Change in Control: (a) to a trust described in Section 1361(c)(2) of
the Code and that is created solely for the benefit of the shareholder or any
spouse or lineal descendant of the shareholder; (b) to any individual by bona
fide gift; (c) to any spouse or former spouse pursuant to the terms of a decree
of divorce; or (d) to any officer or employee of the Company or the Bank
pursuant to any stock option plan established by the shareholders of the Company
or the Bank.”




b.  Section 13 of
the Agreement is amended to include the following at the end
thereof:




“Obligations
under this Agreement shall not be funded in a manner that would violate Section
409A and the regulations and guidance of general applicability issued
thereunder.”




2.  Any
provision of the Agreement inconsistent with the foregoing, or with the
applicable requirements of Section 409A, shall be deemed to be amended to comply
therewith.  The Agreement is otherwise ratified and reaffirmed in all
other respects.




[Signature
page follows]














IN
WITNESS WHEREOF, this Amendment has been executed, this ____ day of December,
2008, effective as of January 1, 2008.




PACIFIC
      COAST NATIONAL BANKBy:Name:Title:EXECUTIVEDavid
      L. Adams





2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE THREE MONTHS ENDED MARCH 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               MAR-31-1997
<CASH>                                       3,647,685
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             3,647,685
<PP&E>                                      97,557,672
<DEPRECIATION>                              17,020,169
<TOTAL-ASSETS>                              88,183,991
<CURRENT-LIABILITIES>                        1,172,651
<BONDS>                                     41,769,217
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  41,758,790
<TOTAL-LIABILITY-AND-EQUITY>                88,193,991
<SALES>                                              0
<TOTAL-REVENUES>                             4,346,408
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             1,577,462
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             926,725
<INCOME-PRETAX>                              1,743,557
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,743,557
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,743,557
<EPS-PRIMARY>                                    34.19
<EPS-DILUTED>                                    34.19
        

</TABLE>
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A21A0561. DARYL GENE ANKNEY v. THE STATE.

A21A0562. DARYL GENE ANKNEY v. THE STATE.

A21A0563. DARYL GENE ANKNEY v. THE STATE.

A21A0564. DARYL GENE ANKNEY v. THE STATE.

Daryl Gene Ankney filed these direct appealsfromfour orders of the trial court

revoking his probation in four separate cases. However, an application for

discretionary appeal is required to appeal an order revoking probation. OCGA § 5-6-

35 (a) (5); see Todd v. State, 236 Ga. App. 757, 758 (513 SE2d 287) (1999) (holding

that where the underlying subject matter is probation revocation, the discretionary

appeal procedure applies); accord White v. State, 233 Ga. App. 873, 874 (505 SE2d

228) (1998). Ankney’s failure to follow the required appellate procedure deprives us

of jurisdiction. Accordingly, these appeals are hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

November 10, 2020

11/10/2020
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2484 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2484

            To suspend temporarily the duty on p-toluidine.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2012

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

_______________________________________________________________________

                                 A BILL

 
            To suspend temporarily the duty on p-toluidine.

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

SECTION 1. P-TOLUIDINE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.43.16      p-toluidine (CAS    Free         No change        No change        On or before 12/  ''.
                        No. 106-49-0)                                                      31/2015.......
                        (provided for in
                        subheading
                        2921.43.40)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
i i i i i i



### MEM ORA ND UM OP INION No. 04-09-00001- CV RI O G RA ND E C ITY CO NSO LID AT ED IN DE P EN DE NT SCH OOL D ISTR IC T

and Starr- Z apata

County Educa tion District No. 27, Ap pe lla nts

v . ES TA TE OF B LA S GARZA , aka B las Gar za, Sr.,

Appellee Fr om the 229th J udicial District Court, Starr County , Texas

Trial Court No. TS-97-224 Honora ble Alex W . Gabe rt, J udg e Presiding

PER C URI AM Sitt ing: Sandee B ry an Mar ion , J ustice

Phy lis J . Speedlin, J ustice Rebec ca Simmons, J ustice Deliver ed and F iled: Marc h 11, 2009 J UDGMENT SET ASI DE AND REMANDED Th e pa rt ie s h a ve fi le d a

Joint Ag re e d M oti on

to Re mand F or

En tr y of Ag re e d D ism iss a l With Prejudice, s t ating they

have se ttled all issues in disput e. The parties a sk that we set a side the trial court’s judg m en t wi t hout reg ard to the me rits and re mand the ca use to the trial cour

t for entr y of judgme nt in conformity

with their settlement. We GRANT the motion. We set asid e t h e trial c ourt’s judg ement and r emand f or fur ther proc eeding s. See T EX . R. A PP . P. 42.1(a)( 2)(B ). PER C URI AM
*Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

December 23, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 05-40428

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DAVID CHARLES BARBER,

Defendant-Appellant.

 

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:04-CR-797-ALL

 

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM:*

David Charles Barber appeals the sentence imposed following

his November 22, 2004 plea of guilty to one count of possession of

marihuana with intent to distribute on or about September 30, 2004.

Although Barber waived the right to appeal his sentence except for

upward departures and a sentence exceeding the statutory maximum,

the waiver does not bar his appeal. The district court incorrectly
1 Barber was sentenced to 60 months’ imprisonment to be

followed by a 5 year term of supervised released. 

2

informed him that he could appeal an illegal sentence. Barber’s

challenge to the purportedly unlawful supervised release condition1

is arguably a challenge to an allegedly illegal sentence. The

Government concedes as much and declines to rely on the waiver.

Moreover, the district court’s incorrect characterization of the

waiver and failure to address the specific provisions of the waiver

and ensure that Barber understood them may have rendered the waiver

not knowing and voluntary. See United States v. Portillo, 18 F.3d

290, 292 (5th Cir. 1994). For all these reasons, we conclude that

the waiver does not preclude Barber’s appeal.

With respect to Barber’s contention that the district court

erred in ordering, as a condition of supervised release, that he

cooperate with the probation officer in the collection of DNA, his

claim is not ripe for judicial review in light of our holding in

United States v. Carmichael, 343 F.3d 756, 758 (5th Cir. 2003),

cert. denied, 540 U.S. 1136 (2004). We reject Barber’s contention

that Carmichael is distinguishable. See United States v. RiascosCuenu, ___ F.3d ___ No. 05-20037, 2005 WL 2660032, at *2 (5th Cir.

Oct. 18, 2005). Accordingly, we dismiss this portion of the appeal

for lack of jurisdiction.

Barber’s second argument, concerning the treatment of drug

quantity graduations as sentencing factors rather than as elements
3

of separate offenses under 21 U.S.C. §§ 841(a) and (b), is

foreclosed by circuit precedent. See United States v. Slaughter,

238 F.3d 580, 582 (5th Cir. 2000). Barber concedes as much and

raises the issue solely to preserve it for further review. Thus,

we affirm the judgment of the district court on this point. 

AFFIRMED IN PART; DISMISSED IN PART FOR LACK OF JURISDICTION.
**REGULATORY EVALUATION**

Directorate Identifier: **2011**

**- NM** 
**- 117** 

**- AD** 

**Costs:** Labor per airplane ( Up to 2 4 work hour(s) x $8 5 /hour) $ 2,040 Parts per airplane $ + 2,609 Cost per airplane $ 4,649 Number of U.S.

- registered airplanes x 79 To tal fleet cost per inspection cy cle $ 367,271

**Executive Order 12866:** Could the AD be considered a “significant regulatory action”? YES ( ) explain NO (X) **DOT Regulatory Policies and Procedures:** Is the AD significant? YES ( ) explain NO (X) **Regulatory Flexibility Act:**  Will the AD have a significant economic impact on a substantial number of small entities? YES ( ) explain NO (X) **Intrastate Aviation in Alaska:** This AD could affect intrastate aviation in Alaska. I s it appropriate to include specific requirements for aircraft operated in Alaska, where aviation might be the only mode of transportation? YES ( ) explain NO (X)
STATE EX REL. Reginald MORRISON v. STATE of Louisiana

NO. 2016-KH-2277

Supreme Court of Louisiana.

April 27, 2018

Reconsideration denied.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          45,100
<SECURITIES>                                         0
<RECEIVABLES>                                  186,600
<ALLOWANCES>                                     4,700
<INVENTORY>                                     60,400
<CURRENT-ASSETS>                               270,100
<PP&E>                                       2,952,600
<DEPRECIATION>                               1,740,700
<TOTAL-ASSETS>                               1,487,000
<CURRENT-LIABILITIES>                          657,000
<BONDS>                                        195,800
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  2,073,300
<COMMON>                                         7,200
<OTHER-SE>                                 (1,446,300)
<TOTAL-LIABILITY-AND-EQUITY>                 1,487,000
<SALES>                                        540,900
<TOTAL-REVENUES>                               568,100
<CGS>                                          419,800
<TOTAL-COSTS>                                  609,100
<OTHER-EXPENSES>                               179,300
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,000
<INCOME-PRETAX>                               (40,900)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (40,900)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
II 

118TH CONGRESS 

1ST SESSION S. 1414 

To improve the instant messaging service used by the National Weather 

Service, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 3, 2023 

Ms. CANTWELL (for herself and Mr. CRUZ) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To improve the instant messaging service used by the 

National Weather Service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Weather 

5 Service Communications Improvement Act’’. 

6 SEC. 2. NATIONAL WEATHER SERVICE COMMUNICATIONS. 

7 (a) IN GENERAL.—Title IV of the Weather Research 

8 and Forecasting Innovation Act of 2017 (15 U.S.C. 8541 

9 et seq.) is amended by adding at the end the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 1414 IS

1 ‘‘SEC. 415. NATIONAL WEATHER SERVICE COMMUNICA2 TIONS. 

3 ‘‘(a) IMPROVEMENT OF INSTANT MESSAGING SERV4 ICE.— 

5 ‘‘(1) IN GENERAL.—The Director of the Na6 tional Weather Service shall improve the instant 

7 messaging service used by personnel of the National 

8 Weather Service by implementing by October 1, 

9 2027, a commercial off-the-shelf communications so10 lution that replaces the instant messaging service 

11 commonly referred to as ‘NWSChat’. 

12 ‘‘(2) REQUIREMENTS.—The communications so13 lution implemented under paragraph (1) shall— 

14 ‘‘(A) be hosted on the public cloud; and 

15 ‘‘(B) satisfy requirements set forth by the 

16 Director to ensure that the solution— 

17 ‘‘(i) best accommodates future growth; 

18 ‘‘(ii) performs successfully with in19 creased numbers of users; 

20 ‘‘(iii) is easy to use for the majority of 

21 users; and 

22 ‘‘(iv) is similar to systems already in 

23 commercial use. 

24 ‘‘(3) DEFINITION OF PUBLIC CLOUD.—In this 

25 subsection, the term ‘public cloud’ means an infor26 mation technology model in which service providers 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 1414 IS

1 make computing services, including compute and 

2 storage and develop-and-deploy environments and 

3 applications, available on-demand to organizations 

4 and individuals over the public internet. 

5 ‘‘(b) NO ADDITIONAL FUNDS AUTHORIZED.—Funds 

6 to carry out this section may only come from amounts au7 thorized to be appropriated to the National Oceanic and 

8 Atmospheric Administration before the date of the enact9 ment of the National Weather Service Communications 

10 Improvement Act.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) of the Weather Research and Forecasting 

13 Innovation Act of 2017 is amended by inserting after the 

14 item relating to section 414 the following: 

‘‘Sec. 415. National Weather Service communications.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
# Official Journal L 352/2014

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 352 |
| | |
| English edition | Legislation | Volume 579 December 2014 |

ISSN 1977-0677

Official Journal

of the European Union

L 352

English edition

Legislation

Volume 579 December 2014

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (
  1
  ) | 1 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (
  1
  )

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
## DJI Phantom 3 Professional Link to User Manual and Quick Start Guide

http://www.dji.com/product/phantom - 3 - pro/info#downloads **Documents and Manuals Phantom 3 Professional User**  **Manual v1.6** dated 2015 - 11 -03 **Phantom 3 Professional Quick Start Guide v1.2** dated 2015 - 12 - 14
Exhibit
32.2




Certification
of the Chief Financial Officer


Pursuant
to 18 U.S.C. Section 1350








Solely
for the purposes of complying with 18 U.S.C. section 1350, I, the undersigned
Acting Chief Financial Officer of Earth Search Sciences, Inc. (the "Company"),
hereby certify, based on my knowledge, that the Quarterly Report on Form 10-QSB
of the Company for the quarter ended June 30, 2006 (the "Report") fully complies
with the requirements of Section 13(a) of the Securities Exchange Act of 1934
and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the
Company.








Date:
      August 21, 2006
            /s/
      Tami J. StoryTami
      J. StoryActing
      Chief Financial Officer
**
**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**

I, J. Lindsey Alley, Chief Financial Officer of Houlihan Lokey, Inc. (the “Company”), hereby certify, pursuant to 18 U.S.C. §1350, as adoptedpursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge: 

 
 (1)
The Annual Report on Form 10-K/A of the Company for the period endedMarch 31, 2018 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and 

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

 
Date: February 20, 2019   /s/ J. LINDSEY ALLEY   J. Lindsey Alley   *Chief Financial Officer*   *(Principal Financial and Accounting Officer)***