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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7142

RICKEY ESQUIVEL,

Plaintiff - Appellant,

v.

DR. GULERIA; NURSE HANS, R.N.; L.P.N. HUNTER; A. ROWE, 

L.P.N.; SANDERS, R.N.; R.N. PUCKETT; R.N. BAILEY; MISS 

CLARK,

Defendants - Appellees,

and

DR. HINDS,

Defendant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:09-ct-03132-BO)

Submitted: February 9, 2012 Decided: February 13, 2012

Before WILKINSON, AGEE, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Rickey Esquivel, Appellant Pro Se. Oliver Gray Wheeler, OFFICE 

OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North 

Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ricky Esquivel appeals the district court’s order 

dismissing without prejudice his 42 U.S.C. § 1983 (2006) 

complaint for failure to prosecute. We have reviewed the record 

and find no reversible error. Accordingly, we affirm for the 

reasons stated by the district court. Esquivel v. Guleria, No. 

5:09-ct-03132-BO (E.D.N.C. July 21, 2011). 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
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

In connection  with the Quarterly  Report of Inyx,  Inc. (the "Company") on Form
10-QSB for the period  ending  March 31, 2004 as filed with the  Securities  and
Exchange  Commission on the date hereof (the "Report"),  I, Jack Kachkar,  Chief
Executive Officer of the small business issuer,  certify,  pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002:

         (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 small
business issuer.



/s/ Jack Kachkar
-----------------------
Jack Kachkar
Chief Executive Officer

May 19, 2004
Gerald BROWN, Appellant, v. STATE of Florida, Appellee.

No. 1D17-5023

District Court of Appeal of Florida, First District.

January 25, 2019

Gerald Brown, pro se, Appellant.

Ashley B. Moody, Attorney General, and Sharon Traxler, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

DISMISSED . *See**Manning v. State* , 28 So. 3d 971, 973 (Fla. 2d DCA 2010).

Makar, Winokur, and M.K. Thomas, JJ., concur.
III 

118TH CONGRESS 

1ST SESSION S. RES. 202 

Expressing the sense of the Senate that the United States must continue 

to demonstrate leadership to achieve significant reforms to the rules 

of the World Trade Organization in order to promote the advancement 

of truly developing countries. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2023 

Mr. THUNE (for himself and Mr. KING) submitted the following resolution; 

which was referred to the Committee on Finance 

RESOLUTION 

Expressing the sense of the Senate that the United States 

must continue to demonstrate leadership to achieve significant reforms to the rules of the World Trade Organization in order to promote the advancement of truly 

developing countries. 

1 Resolved, That it is the sense of the Senate that— 

2 (1) although the United States finds value and 

3 usefulness in the World Trade Organization in ful4 filling the needs of the United States and other free 

5 and open economies in the 21st century, significant 

6 reforms at the World Trade Organization are need7 ed; and 


kjohnson on DSK79L0C42PROD with BILLS
2 

•SRES 202 IS 

1 (2) the United States must continue to dem2 onstrate leadership to achieve reforms that restore 

3 the effectiveness of the rules of the World Trade Or4 ganization for special and differential treatment to 

5 ensure those rules promote advancement for truly 

6 developing countries, rather than becoming tools for 

7 globally competitive countries, such as the People’s 

8 Republic of China, to engage in protectionism and 

9 market distortions. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
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STATE of Louisiana v. Keith KISACK

NO. 2019-KK-0248

Supreme Court of Louisiana.

February 13, 2019

Stay denied. Writ denied.
# C_2020061EN.01004801.xml

| 24.2.2020 | EN | Official Journal of the European Union | C 61/48 |
| --- | --- | --- | --- |

24.2.2020

EN

Official Journal of the European Union

C 61/48

---

Action brought on 2 December 2019 – Gaspar v Commission

(Case T-827/19)

(2020/C 61/61)

Language of the case: English

Parties

Applicant: Norbert Gaspar (Mensdorf, Luxembourg) (represented by: R. Wardyn, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the Commission’s decision of 23 May 2018; and |
| --- | --- |

—

annul the Commission’s decision of 23 May 2018; and

| — | order the Commission to pay the costs of the process. |
| --- | --- |

—

order the Commission to pay the costs of the process.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging violation of article 11(2) of Annex VIII of Staff Regulations and Article 7(1) of the GIP:






  — | the transferable pensionable years should be calculated on the basis of the amount actually transferred minus the capital appreciation between the date of the application for a transfer and the actual date of the transfer; |
| --- | --- | --- |

1.

First plea in law, alleging violation of article 11(2) of Annex VIII of Staff Regulations and Article 7(1) of the GIP:

—

the transferable pensionable years should be calculated on the basis of the amount actually transferred minus the capital appreciation between the date of the application for a transfer and the actual date of the transfer;

| — | the PMO erred by calculating the transferable pensions rights based solely on the amount provided by the national administration in the provisional decision while the amount actually transferred did not correspond uniquely to the capital appreciation between the date of the application for a transfer and the date of the actual transfer. |
| --- | --- |

—

the PMO erred by calculating the transferable pensions rights based solely on the amount provided by the national administration in the provisional decision while the amount actually transferred did not correspond uniquely to the capital appreciation between the date of the application for a transfer and the date of the actual transfer.

| 2. | Second plea in law, alleging unjustified enrichment of the Union:






  — | the calculation of the transferable years on the basis of a provisional amount which was subject to recalculation and that did not correspond uniquely to the capital appreciation between the date of the application for a transfer and the actual date of the transfer resulted in unjustified enrichment of the Union. |
| --- | --- | --- |

2.

Second plea in law, alleging unjustified enrichment of the Union:

—

the calculation of the transferable years on the basis of a provisional amount which was subject to recalculation and that did not correspond uniquely to the capital appreciation between the date of the application for a transfer and the actual date of the transfer resulted in unjustified enrichment of the Union.

---
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Presentations and Events        May 25, 2021        IRIC Pilot Applications for the Potomac River Using Bathy-Lidar Data
1648.

#### Farrar Lumber Company *v.*Johnston & Company.

Complaint, from city court of Dalton — Judge Longley. January 1, 1909.

Argued February *25,*

Decided July 6, 1909.

*Julian 'McCamy,*for plaintiff in error.

*Maddox & Shumate,*contra.

Powell, J.

1. Under a plea of recoupment, tlie burden of showing the extent of his legal damage is upon the defendant. If the defendant fails to show any damage, the court may withhold the plea from consideration by the jury.

2. No reversible error appears. The verdict is supported by the evidence.

*Judgment affirmed.*
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED November 9, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20896 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE HERNANDEZ, also known as Jose R. Hernandez, also known as Jose Refugio Hernandez, also known as Jose Hernandez-Refugio, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-CR-263-ALL

-------------------- Before BARKSDALE, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Hernandez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense, and by United States v. Riascos-Cuenu , 428 F.3d 1100, 1101-02 (5th Cir. 2005), petition for cert. filed (U.S. Jan. 9, 2006) (No. 05-8662), which held that a challenge to the district court's order requiring the defendant to cooperate in theNo. 05-20896 -2- collection of a DNA sample as a condition of supervised release is not ripe for review on direct appeal. The Government’s motion for summary affirmance is GRANTED.
JUDGMENT AFFIRMED; APPEAL DISMISSED IN PART.
Elena Yamile FARAH, etc., Appellant, v. The GUARDIAN INSURANCE & ANNUITY COMPANY OF AMERICA, etc., Appellee.

No. 3D18-142

District Court of Appeal of Florida, Third District.

Opinion filed January 23, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# Iris Oifigiúil C NaN/29 M

| | ISSN 1977-107X |
| --- | --- |
| Iris Oifigiúil
  an Aontais Eorpaigh | Eagrán Speisialta (
  *1
  ) |
| | |
| An t-eagrán Gaeilge | Faisnéis agus Fógraí | 6029 Meán Fómhair 2017 |

ISSN 1977-107X

Iris Oifigiúil

an Aontais Eorpaigh

Eagrán Speisialta (
  *1
  )

*1

An t-eagrán Gaeilge

Faisnéis agus Fógraí

6029 Meán Fómhair 2017

---

| | Clár | Leathanach |
| --- | --- | --- |
| | V   Fógairtí |
| | NÓSANNA IMEACHTA RIARACHÁIN |
| | Parlaimint na hEorpa |
| | Nós imeachta roghnúcháin PE/191/S — Gníomhaire sealadach — Riarthóir bainistíochta (AD 7) — Liosta d’iarrthóirí oiriúnacha | 1 |

Clár

Leathanach

V   Fógairtí

NÓSANNA IMEACHTA RIARACHÁIN

Parlaimint na hEorpa

Nós imeachta roghnúcháin PE/191/S — Gníomhaire sealadach — Riarthóir bainistíochta (AD 7) — Liosta d’iarrthóirí oiriúnacha

1

---

| | |
| --- | --- |
| | (*1)   Faoin tagairt C 327 A a foilsíodh ábhar an eagráin seo i dteangacha oifigiúla eile an Aontais Eorpaigh. |

---

(*1)   Faoin tagairt C 327 A a foilsíodh ábhar an eagráin seo i dteangacha oifigiúla eile an Aontais Eorpaigh.

*1

| GA | |
| --- | --- |

GA

---

V Fógairtí

NÓSANNA IMEACHTA RIARACHÁIN

Parlaimint na hEorpa

| 29.9.2017 | GA | Iris Oifigiúil an Aontais Eorpaigh | 1 |
| --- | --- | --- | --- |

29.9.2017

GA

Iris Oifigiúil an Aontais Eorpaigh

1

---

NÓS IMEACHTA ROGHNÚCHÁIN PE/191/S

Gníomhaire sealadach — Riarthóir bainistíochta (AD 7)

LIOSTA D’IARRTHÓIRÍ OIRIÚNACHA

| 1. | ROMANOVSKIS |
| --- | --- |

1.

ROMANOVSKIS

Gundars

| 2. | ROHLJE |
| --- | --- |

2.

ROHLJE

Gregor

| 3. | GOMES FALCÃO DE BETENCOURT |
| --- | --- |

3.

GOMES FALCÃO DE BETENCOURT

Miguel Luis

Glacadh an liosta d’iarrthóirí oiriúnacha an 14 Meitheamh 2017.

---
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

In connection with the accompanying Annual Report of Kenexa Corporation. (the "Company") on Form 10-K for the year ended December 31,
2005, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Nooruddin S. Karsan, Chief Executive Officer of the Company, and Donald F. Volk, 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 their respective 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.

| |  | By: |  | /s/NOORUDDIN S. KARSANNooruddin S. Karsan Chief Executive OfficerFebruary 22, 2006
| |  | --- |  | ----------------------------------------------------------------------------------
| |  | By: |  | /s/DONALD F. VOLKDonald F. Volk Chief Financial OfficerFebruary 22, 2006          

This certification is made solely for the purposes of 18 U.S.C. Section 1350, subject to the knowledge standard contained therein, and not for any other
purpose. A signed original of this written statement required by Section 906 has been provided to Kenexa Corporation and will be retained by Kenexa Corporation and furnished to the Securities
and Exchange Commission or its staff upon request.

---



QuickLinks
Exhibit 99.1

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

In connection with the Quarterly Report of AlphaRx, Inc. on Form 10-QSB/A for
the period ending March 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof, Michael Lee, as chief executive officer of
AlphaRx, Inc., do hereby 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
his knowledge:

      1.    The Report fully complies with the requirements of Section 13(a) of
            the Exchange Act; and

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


/s/ Michael Lee
---------------
Michael Lee
Chief Executive Officer
May 20, 2003


21
Exhibit 99.2

         WHY USA Financial Group, Inc. names Chief Executive Officer

     BLOOMINGTON, MN. - -(Business Wire)- - March 8, 2001 - - WHY USA
Financial Group, Inc. (OTCBB:WUFG), the parent company of a growing network of
real estate franchises and mortgage origination companies, today announced
that James B. Kylstad has been named Chief Executive Officer and has been
appointed to its Board of Directors. Mr. Kylstad comes to WHY USA from
American Home Capital Corporation where he served as Chairman and CEO. He
brings hands on experience in all aspects of managing a public company as well
as over 25 years of experience in the real estate, mortgage and related
industries.

    Donald Riesterer, Chairman of WHY USA, said, "We are pleased to add Jim to
our Board and management team. He has demonstrated his ability to enhance
shareholder value and has the skills to make an immediate impact upon our
growing business platform."

     "I appreciate the confidence that Don and the Board of WHY USA have shown
in me and I am confident that the opportunities and challenges in front of us
will be met with success. I look forward to working with this dedicated team
of professionals" stated Kylstad.

     About the Company: WHY USA Financial Group, Inc. (the "Company") was
formed through a series of transactions on December 31, 1999 to acquire real
estate franchise and mortgage banking companies under a buy and build
strategy, with the intent to add other bundled services.
    The Company has 80 franchisees operating in 29 states with approximately
400 real estate agents who completed over 4,000 real estate transaction sides
in 2000. In addition, the Company is licensed in 44 states to originate a
complete line of mortgage loan products.

<PAGE>

     Certain matters discussed in this press release are "forward-looking
statements". These forward-looking statements can generally be identified as
such because the context of the statement will include words such as the
Company "expects", "anticipates" or words of similar import. Similarly,
statements that describe the Company's future plans, objectives or goals are
also forward-looking statements. Such forward-looking statements are subject
to certain risks and uncertainties, including the financial performance of the
Company and market valuations of its stock, which could cause actual results
to differ materially from those currently anticipated. Although the Company
believes the expectations reflected in any forward-looking statements are
based on reasonable assumptions, the Company can give no assurance that its
expectations will be attained. Shareholders, potential investors and other
readers are urged to consider these factors carefully in evaluating any
forward-looking statements. Forward-looking statements made herein are only
made as of the date of this press release and the Company undertakes no
obligation to publicly update such forward-looking statements to reflect
subsequent events or circumstances.

CONTACT: WHY USA Financial Group, Inc.
         Donald L. Riesterer, Chairman
         800-314-9304
         Overations@WHYUSA.com
**Exhibit 23.1**Consent of Independent Registered Public Accounting FirmWe consent to the incorporation by reference in the Registration Statements (Form S-8 Nos.333-43536, 333-107245, 333-75314, 333-126991, 333-126993) pertaining to the Employee Stock PurchasePlan, 2000 Equity Incentive Plan, and 2005 Stock Incentive Plan of American Medical SystemsHoldings, Inc. of our reports dated February 23, 2007, with respect to the consolidated financialstatements and schedule of American Medical Systems Holdings, Inc., American Medical SystemsHoldings, Inc. management’s assessment of the effectiveness of internal control over financialreporting, and the effectiveness of internal control over financial reporting of American MedicalSystems Holdings, Inc., included in this Annual Report (Form 10-K) for the year ended December 30,2006.   Minneapolis, Minnesota /s/ Ernst & Young LLPFebruary 23, 2007
Treymone GOLDWIRE, Appellant, v. STATE of Florida, Appellee.

No. 4D18-1329

District Court of Appeal of Florida, Fourth District.

[December 13, 2018]

Treymone Goldwire, Arcadia, pro se.

No appearance required for appellee.

Per Curiam.

*Affirmed*

Taylor, Levine and Conner, JJ., concur.
**Exhibit      21.1**

**Keryx      Biopharmaceuticals, Inc.**

**List      of Subsidiaries**

| Name                  of Subsidiary                        |   | State/Jurisdiction                  of Incorporation |
|------------------------------------------------------------|--------|------------------------------------------------------|
|                                                       |   |                                                 |
| ACCESS                  Oncology, Inc.                     |   | Delaware                                             |
| AOI                  Pharma, Inc.                          |   | Delaware                                             |
| AOI                  Pharmaceuticals, Inc.                 |   | Delaware                                             |
| Keryx                  Biomedical Technologies Ltd.        |   | Israel                                               |
| Keryx                  (Israel) Ltd.                       |   | Israel                                               |
| Neryx                  Biopharmaceuticals, Inc.            |   | Delaware                                             |
| Online                  Collaborative Oncology Group, Inc. |   | Delaware                                             |
| Accumin                  Diagnostics, Inc.                 |   | Delaware                                             |

----