alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case 3:05-cv-01229-M Document 15 Filed 07/13/06 Page 1 of 1 PageID 113
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 Horizon Lines, Inc. (the Company) on Form 10-Q for
the period ending June 22, 2008 as filed with the Securities and
Exchange Commission, and as amended by the Quarterly Report on Form
10-Q/A filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Charles G. Raymond, President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that:(1)
    
    The Report fully complies with the requirements of
Section 13(a) or 15(d), as applicable, 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/ CHARLES G. RAYMONDCharles G. RaymondPresident and Chief Executive Officer
(Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                                   1000
       
<S>                                            <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              Dec-31-1998   
<PERIOD-END>                                   Dec-31-1998   
<CASH>                                              29,751   
<SECURITIES>                                             0   
<RECEIVABLES>                                      363,924   
<ALLOWANCES>                                        (3,350)  
<INVENTORY>                                      3,164,816   
<CURRENT-ASSETS>                                         0   
<PP&E>                                             169,316   
<DEPRECIATION>                                     (24,271)  
<TOTAL-ASSETS>                                   4,505,062   
<CURRENT-LIABILITIES>                                    0   
<BONDS>                                          3,014,712   
<PREFERRED-MANDATORY>                                    0   
<PREFERRED>                                              0   
<COMMON>                                               359   
<OTHER-SE>                                         622,255   
<TOTAL-LIABILITY-AND-EQUITY>                     4,505,062   
<SALES>                                          2,297,582   
<TOTAL-REVENUES>                                 2,297,582   
<CGS>                                                    0   
<TOTAL-COSTS>                                    1,968,813   
<OTHER-EXPENSES>                                    11,854   
<LOSS-PROVISION>                                     2,961   
<INTEREST-EXPENSE>                                 201,726   
<INCOME-PRETAX>                                    112,228   
<INCOME-TAX>                                        48,707   
<INCOME-CONTINUING>                                 63,521   
<DISCONTINUED>                                           0   
<EXTRAORDINARY>                                          0   
<CHANGES>                                                0   
<NET-INCOME>                                        63,521   
<EPS-PRIMARY>                                         1.86   
<EPS-DILUTED>                                         1.82   
                                                             


</TABLE>
III 

117TH CONGRESS 

1ST SESSION S. RES. 163 

Relating to the death of the Honorable William ‘‘Bill’’ Emerson Brock III, 

former United States Senator for the State of Tennessee. 

IN THE SENATE OF THE UNITED STATES 

APRIL 15, 2021 

Mr. HAGERTY (for himself and Mrs. BLACKBURN) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Relating to the death of the Honorable William ‘‘Bill’’ Emerson Brock III, former United States Senator for the 

State of Tennessee. 

Whereas William ‘‘Bill’’ Emerson Brock III (referred to in 

this preamble as ‘‘Bill Brock’’) was born in Chattanooga, 

Tennessee; 

Whereas Bill Brock began his lifetime of service as a member 

of the Armed Forces, serving in the Navy from 1953 to 

1956; 

Whereas Bill Brock was a Tennessean who honorably served 

the State of Tennessee and the United States for more 

than 50 years; 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•SRES 163 ATS 

Whereas Bill Brock served 4 terms in the United States 

House of Representatives, to which he was first elected 

in 1962; 

Whereas Bill Brock served with honor and distinction during 

his 1 term in the United States Senate, to which he was 

elected in 1971; 

Whereas Bill Brock served as United States Trade Representative from 1981 to 1985 and as United States Secretary of Labor from 1985 to 1987; 

Whereas Bill Brock contributed greatly to the ‘‘Era of Cooperation’’ in Congress between 1971 and 1977, during 

which major reform was accomplished, including passage 

of the Federal Water Pollution Control Act (commonly 

known as the ‘‘Clean Water Act’’) (33 U.S.C. 1251 et 

seq.), the Endangered Species Act of 1973 (16 U.S.C. 

1531 et seq.), the Safe Drinking Water Act (42 U.S.C. 

300f et seq.), and the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.), 

all of which passed without opposition votes in the Senate; 

Whereas Bill Brock was a force in the Republican Party, 

both nationally, serving as chairman of the Republican 

National Committee from 1977 to 1981, and in the State 

of Tennessee; 

Whereas Bill Brock laid the foundation for a long lineage of 

Republican Members of Congress from Tennessee; and 

Whereas Bill Brock served the State of Tennessee proudly 

and left a legacy of exceptional service to those who elected him: Now, therefore, be it 

1 Resolved, That the Senate— 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•SRES 163 ATS 

1 (1) has heard with profound sorrow and deep 

2 regret the announcement of the death of the Honor3 able William ‘‘Bill’’ Emerson Brock III, former 

4 Member of the United States Senate from the State 

5 of Tennessee; and 

6 (2) respectfully requests that the Secretary of 

7 the Senate— 

8 (A) communicate this resolution to the 

9 House of Representatives; and 

10 (B) transmit an enrolled copy of this reso11 lution to the family of the Honorable William 

12 ‘‘Bill’’ Emerson Brock III. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
Roshad Shonad FOSTER, Appellant, v. STATE of Florida, Appellee.

No. 1D18-777

District Court of Appeal of Florida, First District.

May 8, 2019

FLORIDA DECISIONS WITHOUT PUBLISHED OPINIONS

AFFIRMED.
Reetchadlie LEBRUN, Appellant, v. STATE of Florida, Appellee.

No. 4D18-2447

District Court of Appeal of Florida, Fourth District.

[May 16, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
# C_2017402EN.01001702.xml

| 27.11.2017 | EN | Official Journal of the European Union | C 402/17 |
| --- | --- | --- | --- |

27.11.2017

EN

Official Journal of the European Union

C 402/17

---

Request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 26 September 2017 — ‘Bene Factum’ UAB v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos

(Case C-567/17)

(2017/C 402/21)

Language of the case: Lithuanian

Referring court

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings

Parties to the main proceedings

Appellant:‘Bene Factum’ UAB

Appellant:

Other party: Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos

Other party:

Questions referred

Questions referred

| 1. | Is Article 27(1)(b) of Council Directive 92/83/EEC (1) of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages to be interpreted as applying to any products not for human consumption in accordance with their basic (direct) intended use (consumption), irrespective of the fact that some individuals consume cosmetics and personal care products such as those at issue in the present case as alcoholic beverages for intoxication purposes? |
| --- | --- |

1.

Is Article 27(1)(b) of Council Directive 92/83/EEC (1) of 19 October 1992 on the harmonisation of the structures of excise duties on alcohol and alcoholic beverages to be interpreted as applying to any products not for human consumption in accordance with their basic (direct) intended use (consumption), irrespective of the fact that some individuals consume cosmetics and personal care products such as those at issue in the present case as alcoholic beverages for intoxication purposes?

1

| 2. | Is the answer to the first question affected by the fact that the person who imported the products at issue from a Member State knew that the products containing denatured ethyl alcohol, manufactured on his order and supplied (sold) to final consumers in Lithuania by other persons, are consumed by certain individuals as alcoholic beverages and he therefore manufactured and labelled those products taking into account that fact, having the objective of selling as many of them as possible? |
| --- | --- |

2.

Is the answer to the first question affected by the fact that the person who imported the products at issue from a Member State knew that the products containing denatured ethyl alcohol, manufactured on his order and supplied (sold) to final consumers in Lithuania by other persons, are consumed by certain individuals as alcoholic beverages and he therefore manufactured and labelled those products taking into account that fact, having the objective of selling as many of them as possible?

---

(1)  OJ 1992 L 316, p. 21.

1

---
<PAGE>   1


                                                                  EXHIBIT 23.1

               CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


We consent to the incorporation by reference in the following Registration
Statements and amendments thereto

<TABLE>
<S>                            <C>
Form S-8 No. 33-21505          Employee Stock Purchase Plan
Form S-8 No. 333-41671         Non-Employee Director Deferred Compensation Plan
Form S-8 No. 333-41669         1997 Long-Term Incentive Plan
Form S-8 No. 333-41673         Executive Deferred Compensation Plan
Form S-8 No. 333-42131         Non-Employee Directors' Stock Option Plan
</TABLE>

of Beverly Enterprises, Inc. of our report dated February 17, 2000 with respect
to the consolidated financial statements and schedule of Beverly Enterprises,
Inc. included in this Annual Report (Form 10-K) for the year ended December 31,
1999.




                                        /s/ ERNST & YOUNG LLP



Little Rock, Arkansas
March 27, 2000
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

D-LINK SYSTEMS, INC.,

Defendant.

Case No. 17-cv-00039-JD 

AMENDED SCHEDULING ORDER

At the parties’ joint request, the Court amends the following case management dates: 

Event Deadline

Filing of Trial Briefs, Motions in Limine, Joint Pretrial 

Statement, and Joint Exhibit and Witness Lists

December 20, 2018

Pretrial Conference January 3, 2019 at 1:30 p.m.

Joint Filing of Excerpts of Deposition Testimony and 

Discovery Responses that will be offered other than for 

impeachment or rebuttal

January 9, 2019

Bench Trial January 14, 2019 at 9:00 a.m.

Motions in limine and other documents must be filed in accordance with the Court’s 

Standing Order for Civil Jury Trials.

IT IS SO ORDERED.

Dated: November 2, 2018 

______________________________________

JAMES DONATO

United States District Judge

Case 3:17-cv-00039-JD Document 222 Filed 11/02/18 Page 1 of 1
Tamika BAUGH v. O'Korie MASS

2160562

Court of Civil Appeals of Alabama.

January 26, 2018

Affirmed.
Case 3:05-cv-00960-R Document 12 Filed 08/02/05 Page 1 of 1 PageID 32
Order entered September 10, 2014

In The 

## Court of Appeals **Fifth District of Texas at Dallas**

No. 05

- 14

- 01104

- CV

IN THE INTEREST OF A.L.S., A CHILD
On Appeal from the 196th District Court Hunt County, Texas Trial Court Cause No. 79,649



### O RDER

The tria l court is scheduled to conduct a hearing on September 11, 2014 on Becky Wheeler’s contest to appellant’s affidavit of indigence. On the Court’s own motion, we ORDER Stacey Landrum, Hunt County District Clerk, to file, on or before September 17, 2014 , a

s upplemental clerk’s record containing the trial court’s order on the contest.
We GRANT the motion of Becky Wheeler, Official Court Reporter for the 196th Judicial District Court of Hunt County, Texas, for an extension of time to file the reporter’s record. The reporter’s record shall be filed on or before Monday, September 22, 2014

. The clerk’s record is past due. On the Court’s own motion, we ORDER Stacey Landrum
to file the clerk’s record on or before Monday, September 22, 2014

. We DIRECT the Clerk of t his Court to send a copy of this order by electronic
transmis sion to the Presiding Judge of the 196th Judicial District Court of Hunt County, Texas, Becky Wheeler, Stacey Landrum, appellant, and counsel for appellee.
/s/ ADA BROWN JUSTICE
----

----

|   |         | /s/Daniel R. Herndon                                                                                   |   |
|--------|--------------|--------------------------------------------------------------------------------------------------------|--------|
| Date:  | May 14, 2010 | Name:   Daniel R. Herndon                                                                    |   |
|   |         | Title:      President and Chief Executive Officer                             |   |
|   |         |                                                                                                   |   |
|   |         |                                                                                                   |   |
|   |         | /s/Clyde D. Patterson                                                                                  |   |
|   |         | Name:   Clyde D. Patterson                                                                   |   |
| Date:  | May 14, 2010 | Title:      Executive Vice President and Chief Financial Officer              |   |
|   |         |              (Principal Financial Officer) |   |
* Pursuant to Local Rule 47.5, the court has deter mined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_____________________

No. 95-20560 Summary Calendar

_____________________
NCNB TEXAS NATIONAL BANK, As receiver for First Republicbank Houston NA and KWP FINANCIAL I, INC.,

Plaintiffs - Appellees,

versus

ALLEN HOUK, Trustee, Et Al.,

Defendants

SIU NIN NG, also known as David Ng;

PO-SHIN WONG NG

Defendants - Appellants.

________________________________________________ Appeal from the United States District Court for the Southern District of Texas

(CA-H-91-571)

________________________________________________
June 21, 1996 Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.

PER CURIAM: *

Siu Nin Ng and Po-Shin Wong Ng (Ngs) appeal an adverse summary

judgment concerning a guaranty given by the Ngs in 19 87. Theyclaim the existence of genuine issues of material facts concerning

the meaning of the guaranty and the calculation of the amount due.

Needless to say, we review a summary judgment d e novo

. Our

review of the record does not reveal a material fact issue.

Moreover, we find no reversible error in the district court's

characterization of the "oral motion" for summary judgment as a

"reurging" against th e Ngs of the summary judgment motion filed

earlier against the other defendants.

AFFIRMED.
2013 D e c i sion s O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit

8-12-2013 

# U S A v . J a m a r B l a ck she a r
P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al
D ock e t N o . 12-1485

F o l lo w thi s a nd a dd it ion al w ork s a t : h tt p://d i g it alc ommon s .l a w . v i l l a no v a . e du/thir dc ir c uit_2013

Thi s de c i sion i s br ou gh t t o y ou for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t a t e s C our t of Appe al s for the Thir d C ir c uit a t V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al R e posit or y

. I t h as be e n a c c e pt e d for inclusion in 2013 D e c i sion s b y a n a uthor i z e d a dmini s tr a t or of V i l l a no v a U niv e r sit y S choo l of L a

w Di g it al R e posit or y

. F or mor e infor m a t ion, p le as e c on t a ct Be n j a min

. C a rl s on@l a

w . v i l l a no v a . e du

. R e c omme nde d C it a t ion

" U SA v . J a m a r B l a ck she a r " (2013). 2013 D e cisio n s . P a pe r 394. h tt p://d i g it alc ommon s .l a

w . v i l l a no v a . e du/thir dc ir c uit_2013/394

### NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

_____________ No. 12

- 1485

_____________ UNITED STATES OF AMERICA

v. JAMAR BLACKSHEAR, Appellant

________________________ On Appeal from the United St ates District Court for the Eastern District of Pennsylvania District Court No. 2

- 11

- cr - 00227

- 001 District Judge: The Honorable R. Barclay Surrick

________________________ Argued March 21, 2013 Before: McKEE, Chief Judge , SMITH, and GREENAWAY, JR., Circu it Judges (Filed: August 12, 2013 )

Andrew J. Schell [ARGUED] Office of United States Attorney 615 Chestnut Street Suite 1250 Philadelphia, PA 19106 Counsel for Appellee

### 2

Mark E. Cedrone [ARGUED] 123 South Broad Street Suite 810 Philade lphia, PA 19109 Counsel for Appellant

________________ OPINION

________________ SMITH, Circuit Judge. Jamar Blackshear and his codefendant , Terrell Davis , appeal the denial of their suppression motion. Black shear has standing to challenge the search of the rental vehicle under United States v. Baker , 221 F .3d 438, 442

– 43 (3d Cir. 2000)

. For the reasons stated in Parts I and II of the companion case, United States v.
Davis , No. 12

- 1486 (3d Cir. Aug. 9 , 2013 ) , we will affirm the District Court’s judgment.
Jerome TITA, Appellant, v. STATE of Florida, Appellee.

No. 4D18-3019

District Court of Appeal of Florida, Fourth District.

[March 21, 2019]

Robert D. Devin of Robert D. Devin, P.A., Fort Lauderdale, for appellant.

No appearance for appellee.

Per Curiam.

*Affirmed* .

Gross, May and Kuntz, JJ., concur.
Eric Anthony ALLEN, Appellant/Petitioner(s), v. Chad CHRONISTER, Sheriff of Hillsborough County, Florida, Appellee/Respondent(s).

CASE NO.: 2D19-0323

District Court of Appeal of Florida, Second District.

February 01, 2019

**FLORIDA DECISION WITHOUT PUBLISHED OPINION**

Granted.
<PAGE>

                                                            Exhibit 10.38

["****" indicates material omitted and filed separately with the Securities and
Exchange Commission Pursuant to a request for confidential treatment.]

January 4, 2000

Mr. Ed Gdula
Bayer Corporation
400 Morgan Lane
West Haven, CT 06516

Dear Ed:

The purpose of this letter is to confirm that additional fractionation capacity
will be made available by VITEX and accepted by Bayer Corporation for calendar
year 2001 through 2003. VITEX will be able to process **** additional liters of
Bayer Input (as defined in the Agreement between VITEX and Bayer executed
January 24th, 1996) for a total of **** liters processed by VITEX in 2001
through 2003. Bayer agrees to accept all **** liters in each year.

Bayer and VITEX agree that the terms and conditions of the original agreement
between Bayer and VITEX dated February 7, 1995 and as amended on January 24,
1996 and again on December 22, 1997 and by subsequent letter amendments will
apply to the incremental processing capacity referenced above.

Except as modified herein, all other terms and conditions of the Agreement shall
remain in full force and effect.

Please indicate your acceptance of the above by having the appropriate person
sign below and returning one copy of this letter to me.

Sincerely,

/s/ John R. Barr
John R. Barr
President and CEO

Name: Jan Turek /s/ Jan Turek
--------------------------
Date: January 4, 2000
--------------------------
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-40667

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

NINO RODRIGUEZ, also known as Nino Ruben Rodriguez, also known as 

Ruben Rodriguez-Nino, also known as Ruben Rodriguez,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:14-CR-191

Before DAVIS, JONES, and GRAVES, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Nino Rodriguez has 

moved for leave to withdraw and has filed briefs in accordance with Anders v. 

California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th 

Cir. 2011). Rodriguez has not filed a response. We have reviewed counsel’s 

briefs and the relevant portions of the record reflected therein. We concur with 

 

* 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

October 6, 2015

Lyle W. Cayce

Clerk

 Case: 14-40667 Document: 00513220468 Page: 1 Date Filed: 10/06/2015
No. 14-40667

2

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review. 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.

 Case: 14-40667 Document: 00513220468 Page: 2 Date Filed: 10/06/2015
**EXHIBIT 32.1**
**CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF****FINANCIAL OFFICER PURSUANT TO RULE 13A-14(B) OF THE****SECURITIES EXCHANGE ACT, AS AMENDED**
     This Certificate is being delivered pursuant to the requirements of Section 1350 of Chapter 63(Mail Fraud) of Title 18 (Crimes and Criminal Procedures) of the United States Code and shall notbe relied on by any person for any other purpose.
     The undersigned, who are the Chief Executive Officer and Chief Financial Officer,respectively, of Education Realty Trust, Inc. (the “Company”), hereby each certify that, to theundersigned’s knowledge:
     The Quarterly Report on Form 10-Q of the Company for the three months ended March 31, 2005(the “Report”), which accompanies this Certification, fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934, and all information contained in theReport fairly presents, in all material respects, the financial condition and results of operationsof the Company.
     Dated this 16th day of May, 2005.    /s/ Paul O. Bower   Paul O. Bower, Chief Executive Officer    /s/ Randall H. Brown   Randall H. Brown, Chief Financial Officer
     In accordance with SEC Release No. 34-47986, this Exhibit is furnished to the SEC as anaccompanying document and is not deemed “filed” for purposes of Section 18 of the SecuritiesExchange Act of 1934 or otherwise subject to the liabilities of that Section, nor shall it bedeemed incorporated by reference into any filing under the Securities Act of 1933. A signedoriginal of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 hasbeen provided to the registrant and will be retained by the registrant and furnished to theSecurities and Exchange Commission or its staff upon request.