alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40967

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

FLORA CANDANOZA-GARCIA

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:08-CR-609-1

Before SMITH, BENAVIDES, and HAYNES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Flora CandanozaGarcia has moved for leave to withdraw and has filed a brief in accordance with

Anders v. California, 386 U.S. 738 (1967). Candanoza-Garcia has not filed a

response. Our independent review of the record and counsel’s brief discloses no

nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to

withdraw is GRANTED, counsel is excused from further responsibilities herein,

and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

United States Court of Appeals

Fifth Circuit

F I L E D

June 16, 2009

Charles R. Fulbruge III

Clerk
Exhibit 32.2

Statement of Chief Financial Officer

Pursuant to Section 1350 of Title 18 of the United States Code

Pursuant to Section 1350 of Title 18 of the United States Code as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, the undersigned, James D. Brown, the Chief Financial Officer of NutriSystem, Inc. (the Company), hereby certifies that based on the undersigneds knowledge:



| | 1) | The Companys Form 10-Q Quarterly Report for the period ended March 31, 2007 (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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                                                           
|------------------ |  | --------------------------------------------------------------------------
|Dated: May 7, 2007 |  | /S/ JAMES D.
BROWN                                                        
|                   |  | Executive Vice President, Chief Financial Officer, Secretary and Treasurer
|                   |  | (Principal Financial Officer)
AVS

Quality Management

System

Title: Domestic Change Worksheet

QPM#

AIR-ANM-Q30-F4

Date: December 17, 2008

Revision

1

Record of Contacts

FDMS Docket No. FAA __ .2.010- ()q5~

With whom outside the FAA has this proposal been discussed (e.g., ATA, RAA, ALPA, etc.)?

Organization ' . Person,Contact~d: .. Date I

Mark Lopez Air Transport Association August 25, 2009

UNCONTROLLEO COPY WHEN DOWNLOADED

Check the Master List to Verify That This is th.e Correct Revision Before Use
EXHIBIT 99.2
                                       CFO CERTIFICATION

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

                                    AS ADOPTED PURSUANT TO
                        SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection  with the Quarterly  Report of Mentor On Call, Inc. on Form 10-QSB
for the period ending June 30, 2002, as filed with the  Securities  and Exchange
Commission  on the date hereof (the  "Report"),  I, Edwin W. Austin,  CFO 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,  to the best of my knowledge and
belief:

         (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 result of
                  operations of the Company.

/s/ Edwin W. Austin, CFO
-------------------------
Edwin W. Austin, CFO
August 21, 2002
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 the Interior National Park Service
 AGENCY: National Park Service, Interior.
 ACTION: Public notice.
 DATES: *Effective Date:*
                         January 1, 2009.
 FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Concession Program Manager, National Park Service, Washington, DC 20240, Telephone, 202-513-7156.
 SUMMARY: Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.


SUPPLEMENTARY INFORMATION: The contract listed below has been extended to the maximum allowable period under 36 CFR 51.23. Under the provisions of current concession contracts and pending the completion of the public solicitation of a prospectus for a new concession contract, the National Park Service authorizes continuation of visitor services for a period not-to-exceed 1 year under the terms and conditions of the current contract as amended. The continuation of operations does not affect any rights with respect to selection for award of a new concession contract. Conc ID No.
Concessioner name
ParkLARO001-92
Dakota Columbia Rentals, LLC
Lake Roosevelt National Recreation Area.
 FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Concession Program Manager, National Park Service, Washington, DC 20240, Telephone 202-513-7156. Dated: January 28, 2009. Katherine H. Stevenson, Assistant Director, Business Services.
 Editorial Note: This document was received in the Office of the Federal Register on April 17, 2009.


[FR Doc. E9-9199 Filed 4-22-09; 8:45 am] BILLING CODE 4312-53-M
2011.9.30-Ex-10.1






Exhibit 10.1


AMENDMENT NUMBER ONE TO
THE COCA-COLA REFRESHMENTS EXECUTIVE PENSION PLAN


WHEREAS, Coca-Cola Refreshments USA, Inc. sponsors the Coca-Cola Refreshments Executive Pension Plan (the “Plan”);


WHEREAS, The Coca-Cola Company Benefits Committee has the authority to amend the Plan; and


WHEREAS, the Committee wishes to amend the Plan to clarify that with respect 
to the Plan, eligibility to participate is limited to those employees who are otherwise eligible under the terms of the Plan on or before October 1, 2010 and any employee who was not an Eligible Employee under the Plan on October 1, 2010 is not eligible for benefits under the Plan;


NOW THEREFORE, the Plan hereby is amended as follows:


The definition of “Eligible Employee” in Article II (“Definitions”) shall be replaced with the following definition:


“Eligible Employee” means an Employee who, on October 1, 2010, is employed   in a position classified as within the Global Leadership, Executive Leadership, Strategic Leadership, or Business Unit/Functional Leadership band, or in a position otherwise determined to be eligible for participation by the Benefits Committee.




IN WITNESS WHEREOF, the Benefits Committee has caused this Amendment to be executed by its duly authorized member as of this 14th day of July 2011.


THE COCA-COLA COMPANY
BENEFITS COMMITTEE


BY: /s/ Sue Fleming                
 SUE FLEMING
 Benefits Committee Chairperson
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





The undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this Annual Report on Form 10-K/A for the period ended December 31, 2010,  fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Asian Trends Media Holdings, Inc.





/s/ Zhi Jian Zeng
Date: January 2, 2013Zhi Jian Zeng

Chief Executive Officer and Director
First Amendment to the Long-Term Incentive Plan



 EXHIBIT 10.5 
 FIRST AMENDMENT 
 TO THE 
 STATE AUTO FINANCIAL CORPORATION 
 LONG-TERM INCENTIVE PLAN 
 Background Information 
  

	A.	State Auto Financial Corporation (the “Company”) has adopted and maintains the State Auto Financial Corporation Long-Term Incentive Plan (the
“Plan”) for the benefit of its executive officers and other key management employees, managers and professionals. 

  

	B.	The Company desires to amend the Plan to revise and clarify the relative peer group used in determining the Company’s performance and the determination of awards under the
Plan. 

  

	C.	Per Article 9 of the Plan, the Company may amend the Plan at any time. 

 Amendment of the Plan 
 Effective as of January 1, 2008, the Plan is hereby amended as follows:

  

	1.	Section 1.2.(b) of the Plan is hereby amended in its entirety to read as follows: 

 (b) Recognize and reward long-term operating performance as compared with the Company’s peer group of property and casualty companies as designated by the Committee, namely the A.M. Best Property Casualty
Composite Listing for Total U.S. PC Agency; 
  

	2.	All other provisions of the Plan shall remain in full force and effect.
Order entered January 22, 2020

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-01509-CV

IN RE SECURITY SYSTEMS, INC., Relator

Original Proceeding from the 101st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-17-15848

ORDER

Before Justices Schenck, Reichek, and Evans

Based on the Court’s memorandum opinion of this date, we DENY relator’s December 9, 

2019 petition for writ of mandamus. We LIFT the stay issued by this Court on December 10, 

2019.

/s/ AMANDA L. REICHEK 

JUSTICE
Marcus Taaron GARRISON, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-0741

District Court of Appeal of Florida, Second District.

April 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Denied.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3134 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3134

            To suspend temporarily the duty on fluopicolide.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2012

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

_______________________________________________________________________

                                 A BILL

 
            To suspend temporarily the duty on fluopicolide.

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

SECTION 1. FLUOPICOLIDE.

    (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:

``     9902.01.00      2,6-Dichloro-N-[[3- Free         No change        No change        On or before 12/  ''.
                        chloro-5-                                                          31/2015.......
                        (trifluoro-
                        methyl)-2-
                        pyridinyl]methyl]
                        benzamide
                        (fluopicolide)
                        (CAS No. 239110-
                        15-7) (provided
                        for in subheading
                        2933.39.21)......

    (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>
```
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 Justice

                    In accordance with Departmental Policy, 28 CFR 50.7, notice is hereby given of a proposed settlement agreement in                     *United States*                     v.                     *North Carolina DOT Ferry Division, et al.,*                     No. 5:08-CV-48-BO (E.D.N.C.), to obtain injunctive relief and impose civil penalties against defendants for alleged violations of Clean Water Act sections 301(a) and 404, 33 U.S.C. 1311, 1344, by discharging fill material without a permit into the Currituck Sound, along a traditional boating lane near Corolla, North Carolina.                

                    The proposed Settlement Agreement resolves these allegations by requiring defendants North Carolina Department of Transportation, Jerry Gaskill and Billy R. Moore to pay civil penalties. In addition, the North Carolina Department of Transportation is required to provide periodic training regarding the Clean Water Act and related environmental requirements. The Department of Justice will accept written comments relating to this proposed Settlement Agreement for thirty (30) days from the date of publication of this Notice. Please address comments to Neal I. Fowler, Assistant United States Attorney, United States Attorney's Office, Civil Division, Terry Sanford Federal Building, 310 New Bern Avenue, Suite 800, Raleigh, North Carolina 27601-1461, and refer to                     *United States*                     v.                     *North Carolina DOT Ferry Division, et al.,*                     No. 5:08-CV-48-BO. The proposed Settlement may be viewed at                     *http://www.usdoj.gov/​enrd/​Consent_​Decrees.html.*

Russell M. Young,

Assistant Chief, Environmental Defense Section, Environment & Natural Resources Division.

[FR Doc. E9-8767 Filed 4-16-09; 8:45 am]

BILLING CODE
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 Health and Human Services

###### Centers for Disease Control and Prevention

Special Emphasis Panel: Pilot Lifestyle Interventions for Pregestational Diabetes or Gestational Diabetes, Potential Extramural Project, PEP 2009-R-02

*Correction:*                     This notice was published in the                     **Federal Register**                     on March 25, 2009, Volume 74, Number 56, page 12873. The original notice was published with an incorrect Potential Extramural Project number.                

*Contact Person for More Information:*                     Linda Shelton, Public Health Analyst, Coordinating Center for Health and Information Service, Office of the Director, CDC, 1600 Clifton Road NE., Mailstop E21, Atlanta, GA 30333. Telephone (404) 498-1194.                

                    The Director, Management Analysis and Services Office, has been delegated the authority to sign                     **Federal Register**                     notices pertaining to announcements of meetings and other committee management activities, for both CDC and the Agency for Toxic Substances and Disease Registry.                

Dated: April 9, 2009.

Elaine L. Baker,

Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.

[FR Doc. E9-8947 Filed 4-17-09; 8:45 am]

BILLING CODE 4163-18-P
EXHIBIT 32.2

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


In connection  with the Quarterly  Report of GFR  Pharmaceuticals,  Inc. on Form
10-QSB for the period  ending March 31, 2005, as filed with the  Securities  and
Exchange Commission on the date hereof (the "Report"),  I, Marc Casavant,  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 and belief:

         (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 result of  operations of the
Company.



By: /s/ Marc Casavant
Marc Casavant
CFO, Director
(Principal Accounting Officer)

Date: December 28, 2005

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
has been  provided  to the  Company  and will be  retained  by the  Company  and
furnished to the Securities and Exchange Commission or its staff upon request.
IN THE COURT OF APPEALS OF IOWA

No. 16-0549

Filed August 17, 2016

SHELBY ANTHONY VOGT,

Plaintiff-Appellant,

vs.

IOWA STATE PENITENTIARY CLINICAL CARE UNIT, ET. AL.,

Defendant-Appellee.

________________________________________________________________

Appeal from the Iowa District Court for Polk County, Michael D. Huppert, 

Judge.

Plaintiff appeals the dismissal of his personal injury action. AFFIRMED.

Shelby Anthony Vogt, Cedar Falls, appellant pro se.

Thomas J. Miller, Attorney General, and William A. Hill, Assistant Attorney 

General, for appellee.

Considered by Potterfield, P.J., and Mullins and McDonald, JJ.
2

MCDONALD, Judge.

Shelby Vogt formerly was a prisoner at the Iowa State Penitentiary in Fort 

Madison. Vogt filed a suit against the Iowa State Penitentiary arising out of an 

injury he allegedly sustained when exercise equipment he was using broke. The 

district court dismissed Vogt’s medical malpractice claim on the defendant’s 

motion for summary judgment. Following bench trial, the district court dismissed 

Vogt’s negligence claim, concluding Vogt failed to prove negligence. Vogt timely 

filed this appeal. 

“We review the district court’s decision arising from a bench trial and 

arising from a motion for summary judgment for correction of errors at law.” 

Shea v. Lorenz, No. 14-0898, 2015 WL 4158781, at *4 (Iowa Ct. App. July 9, 

2015). Vogt failed to establish the existence of a duty to conform to a standard of 

care, the standard of care, and breach of the standard of care. See Alcala v. 

Marriott Int’l, Inc., ___ N.W.2d ___, ___, 2016 WL 3201687, at *8 (Iowa 2016) 

(stating that actionable negligence requires proof “of the applicable standard or 

care and its breach”); Payne v. Great River Health Syss., No. 14-1032, 2015 WL 

6510322, at *3 (Iowa Ct. App. Oct. 28, 2015) (affirming grant of summary 

judgment on medical malpractice claim where plaintiff had no expert to establish 

the standard of care). The district court did not commit legal error in dismissing 

the plaintiff’s claims. We affirm the judgment of the district court without further 

opinion. See Iowa Ct. R. 21.26(1)(a), (b), (d), and (e).

AFFIRMED.
# Fourth Court of Appeals San Antonio, Texas

June 15, 2016

No. 04

- 15

- 00677

- CV

Helen A. MZYK , Karnes S4 Minerals, L.P., and Karnes S4 Management, L.L.C.

, Appellants

v.

MURPHY EXPLORATION & PRODUCTION COMPANY

- USA

, Appellee

From the 81st Judicial District Court, Karnes County, Texas

Trial Court No. 14

- 04

- 00083

- CVK Honorable Donna S. Rayes, Judge Presiding



### O R D E R

Appellants’ unopposed motion for an extension of time to file their brief is granted. We order appellants to fi le their brief by July 13, 2016

.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 15th day of June, 2016

.

___________________________________ Keith E. Hottle Clerk of Court