alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

 *** The Honorable Robert C. Jones, United States District Judge for the

District of Nevada, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

TANYA R. SPALLIERO,

 Plaintiff - Appellant,

 v.

MICHAEL J. ASTRUE, Commissioner of

Social Security,

 Defendant - Appellee.

No. 09-55732

D.C. No. 5:08-cv-00834-RGK-E

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Submitted November 2, 2010** 

Pasadena, California

Before: RAWLINSON and M. SMITH, Circuit Judges, and JONES, District

Judge.*** 

FILED

DEC 28 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

OVERVIEW

Appellant Tanya Spalliero (Spalliero) challenges the district court’s decision

upholding the Commissioner of Social Security’s denial of Spalliero’s application

for additional disability insurance benefits.

1. The district court properly granted summary judgment in favor of the

Commissioner because the Administrative Law Judge’s determination that

Spalliero’s impairment did not meet or equal the asthma listing was supported by

substantial evidence. See 20 C.F.R. Pt. 404, Subpt. P, App. 1 § 303B. Spalliero

offered no evidence to contravene the medical testimony of the physician who

testified at the hearing. See Reddick v. Chater, 157 F.3d 715, 725 (9th Cir. 1998)

(recognizing the importance of an uncontroverted medical opinion). 

2. The Administrative Law Judge (ALJ) adequately developed the record by

providing Spalliero the opportunity to produce medical records to support her

claim, and by having a medical expert and vocational expert available to interpret

the medical evidence. See Mayes v. Massanari, 276 F.3d 453, 459-60 (9th Cir.

2001), as amended.
3

3. The ALJ sufficiently incorporated Spalliero’s limitations into the

hypotheticals he presented to the vocational expert. His hypothetical questions to

the vocational expert concerning claimant’s limitations were expressly based on

the testimony of the medical expert. See Osenbrock v. Apfel, 240 F.3d 1157, 1165

(9th Cir. 1999) (noting that an ALJ is free to reject restrictions that are not

supported by the evidence). 

4. Although the ALJ was frustrated with Spalliero’s counsel, Spalliero did not

establish that there was a conflict of interest or other specific indication of bias. 

See Valentine v. Comm’r of Soc. Sec. Admin., 574 F.3d 685, 690 (9th Cir. 2009)

(citation omitted). “[E]xpressions of impatience, dissatisfaction, annoyance, and

even anger, that are within the bounds of what imperfect men and women

sometimes display, do not establish bias.” Id. (citation and alteration omitted).

5. There was no evidence that the record was altered. The ALJ’s statements

expressing his concern and frustration of Spalliero’s representation were set forth

in the record. 

AFFIRMED.
Manuel CUETO, Appellant, v. The STATE of Florida, Appellee.

No. 3D16-325

District Court of Appeal of Florida, Third District.

Opinion filed May 2, 2018

Eugene F. Zenobi, Criminal Conflict and Civil Regional Counsel, Third Region, and Philip L. Reizenstein, Assistant Regional Counsel, for appellant.

Pamela Jo Bondi, Attorney General, and Michael W. Mervine, Assistant Attorney General, for appellee.

Before ROTHENBERG, C.J., and LAGOA, and FERNANDEZ, JJ.

PER CURIAM.

Affirmed.
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.                  

###### Federal Maritime Commission

                    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within ten days of the date this notice appears in the                     **Federal Register**                    . A copy of the agreement is available through the Commission's Web site (                    *http://www.fmc.gov*) or by contacting the Office of Agreements at (202)-523-5793 or                     *tradeanalysis@fmc.gov.*

*Agreement No.:*                     012057-003.                

*Title:*                     CMA CGM/Maersk Line Space Charter, Sailing and Cooperative Working Agreement Asia to USEC and PNW-Suez/PNW & Panama Loops.                

*Parties:*                     A.P. Moller-Maersk A/S and CMA CGM S.A.                

*Filing Party:*                     Wayne R. Rohde, Esq.; Sher and Blackwell LLP; 1850 M Street, NW., Suite 900; Washington, DC 20036.                

*Synopsis:*                     The amendment would add Hyundai Merchant Marine Co., Ltd. as a party to the agreement, delete Singapore from the geographic scope, make adjustments in vessel provision, revise the duration of the agreement, and restate the agreement. The parties request expedited review.                

By Order of the Federal Maritime Commission.

Dated: April 24, 2009.

Karen V. Gregory, 

Secretary.

[FR Doc. E9-9841 Filed 4-29-09; 8:45 am]

BILLING CODE 6730-01-P
II 

Calendar No. 562 

112TH CONGRESS 

2D SESSION S. 3546 

To amend the Native American Programs Act of 1974 to reauthorize a 

provision to ensure the survival and continuing vitality of Native American languages. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2012 

Mr. JOHNSON of South Dakota (for himself, Mr. AKAKA, Mr. TESTER, Mr. 

UDALL of New Mexico, Mr. FRANKEN, Mr. INOUYE, Ms. CANTWELL, and 

Mr. CONRAD) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

DECEMBER 11, 2012 

Reported by Mr. AKAKA, without amendment 

A BILL 

To amend the Native American Programs Act of 1974 to 

reauthorize a provision to ensure the survival and continuing vitality of Native American languages. 

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


tkelley on DSK3SPTVN1PROD with 
2 

•S 3546 RS

1 SECTION 1. REAUTHORIZATION OF NATIVE AMERICAN LAN2 GUAGES PROGRAM. 

3 Section 816(e) of the Native American Programs Act 

4 of 1974 (42 U.S.C. 2992d(e)) is amended by striking 

5 ‘‘2008, 2009, 2010, 2011, and 2012’’ and inserting ‘‘2013 

6 through 2017’’. 


tkelley on DSK3SPTVN1PROD with 

tkelley on DSK3SPTVN1PROD with 
Calendar No. 562 

112TH CONGRESS 

2D SESSION S. 3546 

A BILL 

To amend the Native American Programs Act of 

ican languages. survival and continuing vitality of Native Amer1974 to reauthorize a provision to ensure the 

DECEMBER 11, 2012 

Reported without amendment 


tkelley on DSK3SPTVN1PROD with
Exhibit 99.2


                            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 Annual Report of Poseidis,  Inc. (the "Company") on
Form  10-KSB  for the  period  ending  February  28,  2003,  as  filed  with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Ludovic
Payage,  Chief  Financial  Officer (or the  equivalent  thereof) 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/ Ludovic Payage
                                 Ludovic Payage
                                 Chief Financial Officer
                                 (or the equivalent thereof)
                                 June 16, 2003
Case 19-19827-AJC Doc 7 Filed 07/24/19 Page 1 of 3
Case 19-19827-AJC Doc 7 Filed 07/24/19 Page 2 of 3
Case 19-19827-AJC Doc 7 Filed 07/24/19 Page 3 of 3
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3623 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3623

  To extend the authorizations of appropriations for certain national 
                heritage areas, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 22 (legislative day, September 21), 2012

 Mr. Reed (for himself and Mr. Portman) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To extend the authorizations of appropriations for certain national 
                heritage areas, 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 ``National Heritage Area 
Authorizations Extension Act of 2012''.

SEC. 2. EXTENSION OF NATIONAL HERITAGE AREA AUTHORIZATIONS.

    (a) Division II of Public Law 104-333 is amended by striking 
``2012'' each place it appears in sections 107, 208, 310, 408, 507, 
607, 707, 809, and 910 and inserting ``2016''.
    (b) Section 108 of Public Law 106-278 is amended by striking 
``2012'' and inserting ``2016''.
    (c) Section 12 of Public Law 100-692 is amended--
            (1) in subsection (c)(1), by striking ``2012'' and 
        inserting ``2016''; and
            (2) by striking subsection (d).
    (d) Section 7 of Public Law 99-647 is amended by striking ``6 
years'' and inserting ``10 years''.

SEC. 3. FUNDING.

    Any amounts authorized to be appropriated to carry out the 
amendments made by section 2 shall be subject to a determination made 
by the National Park Service of the applicable funding amounts based on 
an annual distribution formula.
                                 <all>
```
EXHIBIT 31.2I, Karim Hirji, Chief Financial Officer, certify that:1. I have reviewed this quarterly report on Form 10-QSB of Oilsands Quest Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) andhave: (a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant is made known to us by others, particularlyduring the period in which this quarterly report is being prepared;  (b) [Paragraph omitted in accordance with SEC transition instructions containedin SEC Release 34-47986]  (c) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (d) disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors; (a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  (b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.December 15, 2006   /s/ Karim Hirji Karim Hirji, Chief Financial Officer
QuickLinks
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Exhibit 10.44    
    


 
 

FIRST AMENDMENT TO    
    
    CONSIGNMENT AND MARKETING AGREEMENT    
    


        This First Amendment to Consignment and Marketing Agreement ("Agreement") is made and entered into by and between
CALAVO GROWERS, INC., a corporation of the State of California ("Calavo"), and MAUI PINEAPPLE COMPANY, LTD., a corporation of the State of
Hawaii ("MPC"), 


        Whereas, Calavo and MPC entered into an Exclusive Consignment and Marketing Agreement dated October 22, 2007; and 


        Whereas, the parties wish to amend the Agreement in order to clarify the terms of payment and to add certain insurance requirements; 


        Now, therefore, in consideration of the mutual promises contained herein, and for other good and valuable consideration the receipt and
sufficiency of which are acknowledged by the parties, Calavo and MPC agree as follows: 


	1.
	Paragraph 6
of the Agreement is hereby deleted in its entirety and the following paragraph substituted in its place: 



        6.     PAYMENTS AND OTHER REPORTING    All amounts stated in this Agreement are in United
States dollars. Calavo will wire payments to MPC no later than the last business day of each month. Payments will be for all sales for the month less the "per box sales/marketing and distribution
fee", any cold storage fee and Drayage/Inland freight charges. 



	2.
	Paragraph 11
of the Agreement is hereby deleted in its entirety and the following paragraph substituted in its place: 



        11.   INSURANCE.




	a.
	During
the term of this Agreement, MPC shall maintain adequate ocean cargo insurance.



	b.
	During
the term of this Agreement, Calavo agrees to maintain a comprehensive general liability insurance policy of limits sufficient to cover any and all damage to Product held in a
Calavo owned/operated Warehouse facility. Calavo shall cause its insurance carrier to issue a Certificate of Insurance evidencing the existence of such a policy and naming MPC as an "additional
insured" on the policy.








	3.
	In
all other respects, the terms and provisions of the Agreement shall remain in full force and effect and are hereby ratified and confirmed. 




        IN WITNESS WHEREOF, the duly authorized representatives of the parties have affixed their signatures effective as of
    10/29    , 2007. 



	By:	 	/s/  LEE COLE      
	 	By:	 	/s/  GERRY WATTS            10/29/07      

	 	 	Lee Cole, CEO

Calavo Growers, Inc.	 	 	 	Gerry Watts, VP/Gen. Mgr

Maui Pineapple Company, Ltd.
	

 	
 	

 	
 	

By:	
 	

/s/  ROB WEBBER            11/2/07      

	 	 	 	 	 	 	Rob Webber, CFO

Maui Land & Pineapple Company, Inc.













QuickLinks



Exhibit 10.44


FIRST AMENDMENT TO CONSIGNMENT AND MARKETING AGREEMENT
## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

No. 02

- 22

- 00411

- CV

W ILLIE L EWIS , Appellant

V

.

C ITY OF F ORT W ORTH , T ARRANT C OUNTY , F ORT W ORTH I NDEPENDENT S CHOOL D ISTRICT , T ARRANT C OUNT Y C OLLEGE D ISTRICT , T ARRANT C OUNTY H OSPITAL D ISTRICT , AND T ARRANT R EGIONAL W

ATER D ISTRICT , Appellees §

§

§

§ On Appeal from the 236th District Court

of Tarrant County ( 236

- B43868

- 11 )

November 17, 2022

Memorandum Opinion by Chief Justice Sud derth

JUDGMENT

This court has considered the record on appeal in this case and holds that the

appeal should be dismissed. It is ordered that the appeal is dismissed for want of

jurisdiction

.

SECOND DISTRICT COURT OF APPEALS

By /s/ Bonnie Sudderth Chief Justice Bonnie Sudderth
Exhibit 99.6

CERTIFICATION

Pursuant to
18 United States Code s. 1350

As adopted pursuant to

Section 906 of the SarbanesOxley Act of 2002

In connection with the Annual Report on Form 40-F of Manulife Financial Corporation (the Company) for the year ended December 31, 2013, as
filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned officer of the Company certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to his knowledge:



| | 1. | 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 and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 26, 2014



|                                                           
|-----------------------------------------------------------
|/s/ Stephen B. Roder                                       
|Stephen B. Roder                                           
|Senior Executive Vice President and Chief Financial Officer
## Breadcrumb

-  Publications 
-  Articles 

#           Martian fluvial conglomerates at Gale Crater      

      May 1, 2013    

Observations by the Mars Science Laboratory Mast Camera (Mastcam) in Gale crater reveal isolated outcrops of cemented pebbles (2 to 40 millimeters in diameter) and sand grains with textures typical of fluvial sedimentary conglomerates. Rounded pebbles in the conglomerates indicate substantial fluvial abrasion. ChemCam emission spectra at one outcrop show a predominantly feldspathic composition, consistent with minimal aqueous alteration of sediments. Sediment was mobilized in ancient water flows that likely exceeded the threshold conditions (depth 0.03 to 0.9 meter, average velocity 0.20 to 0.75 meter per second) required to transport the pebbles. Climate conditions at the time sediment was transported must have differed substantially from the cold, hyper-arid modern environment to permit aqueous flows across several kilometers.

## Citation Information

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rbanderson@usgs.gov

734-657-8085

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##### Research Geologist

Astrogeology Science Center

## Related Content

#### Ryan Bradley Anderson

##### Physical Scientist

Astrogeology Science Center

rbanderson@usgs.gov

734-657-8085

####             Kenneth Edward Herkenhoff, Ph.D. (Former Employee)          

##### Research Geologist

Astrogeology Science Center

### Contact

####               Astrogeology Science Center          

2255 N. Gemini DriveFlagstaff, AZ86001United States

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II 

112TH CONGRESS 

2D SESSION S. 3654 

To create equal footing for tribal economic development. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 4, 2012 

Mr. REID introduced the following bill; which was read twice and referred to 

the Committee on Indian Affairs 

A BILL 

To create equal footing for tribal economic development. 

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

3 SECTION 1. GAMING ACTIVITIES. 

4 Section 207 of Public Law 100–89 (25 U.S.C. 737) 

5 is repealed. 

Æ 

mstockstill on DSK4VPTVN1PROD with
**Exhibit32.2**

** **

**Certificationof Quarterly Report**

 

I, Susan D. Berland,Chief Financial Officer of NeoRx Corporation (the “Company”), certify, pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. 1350 that:

 

a.               the QuarterlyReport on Form 10-Q for the quarter ended March 31, 2005 (the “Report”)fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

b.              the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| Date:  May  10, 2005 | By:    | /s/ SUSAN D. BERLAND |   |
|--------------------------------|--------|----------------------|--------|
|                           |   | Susan D. Berland     |

 

----
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-1396
N. JEROME WILLINGHAM, Plaintiff - Appellant, versusCITY OF JACKSONVILLE; CHRISTOPHER MARK PADGETT, of the Jacksonville Police Department, Members of the Jacksonville City Council, Defendants - Appellees, and M. C. CHOATE, Mayor; DOROTHY S. PULLICINO; TURNER G. BLOUNT; MORRIS V. DAUGHTRY; GREG JOHNSTON; JAMES SLOAN; JAMES N. SMITH; STATE OF NORTH CAROLINA; EDWARD W. FARNELL, JR., Defendants.
Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. James C. Fox, Chief District Judge. (CA-95-41-7-F) Submitted: December 19, 1996 Decided: December 30, 1996 Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.2 N. Jerome Willingham, Appellant Pro Se. Cheryl A. Marteney, WARD & SMITH, P.A., New Bern, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court's order denying relief on his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Willingham v. City of Jacksonville , No. CA-95-41-7-F (E.D.N.C. Feb. 21, 1996). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED