alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Appellee, v. Antonio ALFARO, Appellant.

No. 11-2157.

United States Court of Appeals, Eighth Circuit.

Submitted: Nov. 1, 2011.

Filed: Nov. 4, 2011.

Before LOKEN, BYE, and COLLOTON, Circuit Judges.

PER CURIAM.

Antonio Alfaro pleaded guilty to distributing methamphetamine, in violation of 21 U.S.C. § 841(a)(1). The district court1
      *728sentenced him to 97 months in prison and 4 years of supervised release. On appeal, his counsel has moved to withdraw and filed a brief under *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), arguing that the sentence was substantively unreasonable.

We conclude that the district court did not impose an unreasonable sentence. The record reflects that the court considered relevant 18 U.S.C. § 3553(a) factors, explained why it chose not to vary downward, and imposed a sentence at the low end of the undisputed Guidelines range. *See United States v. Feemster,*572 F.3d 455, 460-61 (8th Cir.2009) (en banc).

Having reviewed the record independently under *Penson v. Ohio,*488 U.S. 75, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), we find no nonfrivolous issue. Accordingly, we grant counsel’s motion to withdraw, and we affirm the judgment.

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.
**EXHIBIT 32.2**

**CERTIFICATION OF THE PRINCIPAL ACCOUNTING OFFICER**

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

          I, Zong Yun Zhou, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of SORL AUTO PARTS, INC. on Form 10-Q for the fiscal quarter ended September 30, 2006 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of SORL AUTO PARTS, INC.

Date: November 6, 2006

| /s/ Zong Yun Zhou       |   |
|-------------------------|--------|
|                         |   |
| Zong Yun Zhou           |   |
| Chief Financial Officer |   |
#### THAYER, Respondent, v. BROWN, Appellant.

(Supreme Court, Appellate Division, Third Department.

January 11, 1899.)

Action by Daniel H. Thayer against Horatio Brown.

No •opinion. Judgment and orders affirmed, with •costs.
Third District Court of Appeal

State of Florida 

Opinion filed March 20, 2024.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D23-1228

Lower Tribunal No. 17-25973

________________

Esin Daniel Abia,

Appellant,

vs.

City of Opa-Locka,

Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Peter R. 

Lopez, Judge.

James H. Greason, for appellant.

Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., and 

Jeffrey L. Hochman and Hudson C. Gill (Fort Lauderdale), for appellee.

Before MILLER, LOBREE and BOKOR, JJ. 

BOKOR, J.
2

Esin Daniel Abia appeals the trial court’s entry of summary judgment

in favor of the City of Opa-Locka on sovereign immunity grounds. Distilling 

a long and muddled procedural history, Abia and Opa-Locka settled Abia’s 

wrongful termination lawsuit in 2012, based on an agreement for “full reinstatement of [Abia’s] employment” with Opa-Locka. The trial court 

correctly notes that, based on sovereign immunity principles, Abia can’t 

enforce implied rights or obligations absent from the contract. See Dist. Bd. 

of Trs. of Miami Dade Coll. v. Verdini, 339 So. 3d 413, 421 (Fla. 3d DCA 

2022) (noting that sovereign immunity barred breach of contract claim absent 

“an express, written contractual obligation”). However, Opa-Locka cannot 

take the benefit of the settlement agreement—the dismissal of a lawsuit—

and then later argue that the same agreement is unenforceable. See

Pipeline Contractors, Inc. v. Keystone Airpark Auth., 276 So. 3d 436, 439 

(Fla. 1st DCA 2019) (“Because they accepted the benefits of the contract 

through payment from KAA, Pipeline and Hanover were properly estopped 

from raising the argument that the contract was void in an attempt to avoid 

the burdens of the contract embodied by KAA's claims against them.”). 

Therefore, to the extent that Abia argues that Opa-Locka breached the 

settlement agreement by failing to reinstate him to an equivalent position with 

the same salary and benefits, and seeks damages based on the difference 
3

between such salary and benefits promised and his actual salary and 

benefits post-reinstatement, such a claim is not barred by sovereign 

immunity. However, to the extent that Abia seeks damages for back pay for 

the time prior to reinstatement, such a claim would be barred as it is outside 

the express terms of the settlement agreement. See, e.g., Fla. Int’l Univ. Bd. 

of Trs. v. Alexandre, 365 So. 3d 436, 442 (Fla. 3d DCA 2023) (reversing 

class certification and requiring dismissal where “the operative complaint 

fails to incorporate any document or writing containing an express promise 

for FIU . . . to provide the claimed services”). Accordingly, we affirm the 

portion of the trial court’s final summary judgment in favor of Opa-Locka to 

the extent that it bars Abia from seeking back pay prior to reinstatement but

reverse to permit Abia’s claim for breach based on the claimed failure to 

honor the requirement of “full re-instatement of [Abia’s] employment.”

Affirmed in part, reversed in part, and remanded for further 

proceedings.
Exhibit 32.1

                                  Certification
                Pursuant to Section 906 of the Sarbanes-Oxley Act
         of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of
                          Title 18, United States Code)

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), the
undersigned officer of ELXSI Corporation, a Delaware corporation (the
"Company"), does hereby certify, to the best of such officer's knowledge and
belief, that:

         (1)   the Quarterly Report on Form 10-Q for the period ended September
30, 2003 (the "Report") of the Company 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
materials respects, the financial condition and results of operations of the
Company.


Dated:   November 11, 2003                  /s/ ALEXANDER M. MILLEY
                                            ---------------------------
                                            Alexander M. Milley
                                            Chief Executive Officer

         A signed original of this written statement required by Section 906 has
been provided to ELXSI Corporation and will be retained by ELXSI Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
```
[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Page 27560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12679]

-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--The Passive Millimeter Wavelength Camera 
Technology Reinvestment Project (``PMMWC TRP'')

    Notice is hereby given that, on February 1, 1995, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), TRW Inc. has filed written 
notifications simultaneously with the Attorney General and the Federal 
Trade Commission disclosing (1) the identities of the parties and (2) 
the nature and objectives of the projects. The notifications were fled 
for the purpose of invoking the Act's provisions limiting the recovery 
of antitrust plaintiffs to actual damages under specified 
circumstances. Pursuant to section 6(b) of the Act; the identities of 
the parties are: TRW Inc., Redondo Beach, CA; and McDonnell Douglas 
Aerospace, Long Beach, CA. The nature and objectives of the Passive 
Millimeter Wave Camera (PMMWC) Consortium is to provide the most 
advanced and affordable US military systems, and the most competitive 
commercial products in the global marketplace for the civilian 
airlines, parcel carriers, fire and rescue, and related industries 
through the development of a PMMW camera that ``sees'' through weather 
and projects a TV-like image of the forward scene. To accomplish this 
objective, a partnership comprised of a radiometric sensor developer 
and an aircraft manufacturer has been established forming a fully 
integrated team. This will avoid inefficient duplication of effort and 
expense while performing research in this area. The Parities intend to 
cooperate in the collection, exchange and, where appropriate, 
dissemination of the research results, to work closely with various 
government and private agencies, and perform further acts allowed by 
the National Cooperative Research and Production Act that would advance 
the PMMWC TRP's objectives.
    Membership in the venture remains open, and the parties intend to 
file additional written notifications disclosing all changes in the 
membership or planned activities.
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 95-12679 Filed 5-23-95; 8:45 am]
BILLING CODE 4410-01-M
```
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1706 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1706

 To direct the Secretary of Energy to conduct a program in partnership 
 with the private sector to accelerate efforts of domestic automobile 
manufacturers to manufacture commercially available competitive hybrid 
               vehicle technologies in the United States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2005

 Mr. Shadegg introduced the following bill; which was referred to the 
 Committee on Science, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of Energy to conduct a program in partnership 
 with the private sector to accelerate efforts of domestic automobile 
manufacturers to manufacture commercially available competitive hybrid 
               vehicle technologies in the United States.

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

SECTION 1. HYBRID VEHICLE TECHNOLOGIES.

    As soon as practicable after the date of enactment of this Act, the 
Secretary of Energy, in partnership with the private sector, shall 
implement a program to address the ability of domestic automobile 
manufacturers to manufacture commercially available competitive hybrid 
vehicle technologies in the United States. The objective of the program 
shall be to accelerate efforts directed toward the improvement of 
batteries and other rechargeable energy storage systems, power 
electronics, hybrid systems integration, and other technologies for use 
in hybrid vehicles.
                                 <all>
```
Exhibit 10.13


 


In May, 2002, Aether Systems,
Inc. confirmed Frank Briganti’s promotion to President, Transportation &
Logistics.  As President, Mr. Briganti
will receive an annual base salary of $170,000 and will be eligible to
participate in Aether’s employee benefit plans.  Mr. Briganti will also be eligible to receive an annual bonus in
an amount tied to specific revenue growth and EBITDA objectives agreed upon
between the parties.  In addition, Mr.
Briganti will have access to a vehicle owned and maintained by Aether.


 


The parties also agreed that
Mr. Briganti will be entitled to receive severance in an amount equal to his
base annual salary in the event he no longer serves as President of Aether’s
Transportation segment as a direct result of a change in control.  It is understood that a change in control
would occur as the result of the sale of all or substantially all of the assets
of Aether Systems Inc., or all or substantially all of the assets of Aether’s
Transportation segment to one or more individuals, entities, or groups and, as
a result, Mr. Briganti ceases to be employed by Aether and its subsidiaries
(except if such termination results from his gross misconduct).


 


In addition, upon a triggering
event, the parties agreed that all options, restricted stock and other equity
instruments granted prior to July 31, 2002 and held by Mr. Briganti will become
fully exercisable at the time of termination of his employment with
Aether.  The parties agreed that a “triggering
event” will be defined as (i) a reduction in force or layoff at Aether Systems,
Inc., if Mr. Briganti’s employment is terminated as part of such reduction or
layoff, (ii) sale of all or substantially all of the assets of Aether Systems,
Inc., or all or substantially all of the assets of Aether’s Transportation
segment and, as a result Mr. Briganti ceases to be employed by Aether and its
subsidiaries (except if such termination results from gross misconduct); (iii)
complete or substantially complete dissolution or liquidation of Aether Systems,
Inc. or Aether’s Transportation segment and, as a result  Mr. Briganti ceases to be employed by Aether
and its subsidiaries (except if such termination results from gross
misconduct); (iv) any person or group acquires or attains ownership of more
than 50% of the Aether’s outstanding common stock; (v) completion of a merger
or consolidation of the Aether Systems, Inc. with or into any other entity
unless Aether’s stockholders retain control of the new entity.


 


This agreement does not change
Mr. Briganti’s status as an at-will employee.
EX-10(XCII) Amdt. 3 NMHG Long Term Plan



 



Exhibit 10(xcii)


AMENDMENT NO. 3

TO THE

NACCO MATERIALS HANDLING GROUP, INC.

LONG-TERM INCENTIVE COMPENSATION PLAN

(EFFECTIVE AS OF JANUARY 1, 2000)



     NACCO Materials Handling Group, Inc. (the “Company”), on the order of the
Compensation Committee of the Board of Directors of the Company, hereby adopts
this Amendment No. 3 to the NACCO Materials Handling Group, Inc. Long-Term
Incentive Compensation Plan (Effective as of January 1, 2000) (the “Plan”)
effective as of January 1, 2003. Words and phrases used herein with initial
capital letters which are defined in the Plan are used herein as so defined.


Section 1



     Section 11(b)(ii)(2) of the Plan is hereby amended in its entirety to read
as follows:


     “(2) Notwithstanding the provisions of clause (1), (A) each Employer
shall be solely liable for the payment of the Awards it granted to its
employees; (B) if a Participant has been employed by more than one Employer,
the Employer who employs the Participant at the time of the payment of the
Award shall pay the entire amount of such Award; (C) each Employer (unless it
is Insolvent) shall reimburse the paying Employer for its allocable share of
the Participant’s Award; (D) if any responsible Employer is Insolvent at the
time of payment, the last Employer shall not be required to make a distribution
to the Participant with respect to amounts which are allocable to service with
that Employer; and (E) each Employer shall (to the extent permitted by
applicable law) receive an income tax deduction for the Employer’s allocable
share of the payment of the Participant’s Award.”


EXECUTED this 9th day of April, 2003.




	 	 	 
	 	
NACCO MATERIALS HANDLING GROUP, INC.
	 	 	 
	 	By:	
/s/ James M. Phillips
	 	 	


	 	Title:	
 Vice President Human Resources
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

NURSE ON CALL, INC.,

Appellant,

v.

MARCELLA LYNCH, JACQUELINE OLSON, ALTERCARE, LLC and 

ALTERCARE OF PALM BEACH COUNTY, LLC d/b/a TRILOGY 

HOMECARE, VITALITY HOME CARE, INC. d/b/a TRILOGY HOME 

HEALTHCARE, KEITH CARREGAL and KINDERHOOK INDUSTRIES, 

LLC,

Appellees.

No. 4D17-1853

[February 1, 2018]

Appeal of non-final order from the Circuit Court for the Fifteenth 

Judicial Circuit, Palm Beach County; Donald W. Hafele, Judge; L.T. Case 

No. 2016CA006475 AG.

Julissa Rodriguez and Stephanie L. Varela of Greenberg Traurig, P.A., 

Miami, and Richard C. McCrea, Jr., Catherine H. Molloy and Nicholas S. 

Andrews of Greenberg Traurig, P.A., Tampa, for appellant.

Kristen M. Fiore of Akerman LLP, Tallahassee, and Arlene K. Kline of 

Akerman LLP, West Palm Beach, for appellees.

PER CURIAM.

Affirmed.

TAYLOR, MAY and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit
      32.1




**SECTION
      906 CERTIFICATION**




In
      connection with the Annual Report on Form 10-K of EuroBancshares, Inc. (the
      “Company”) for the year ended December 31, 2006, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Rafael Arrillaga
      Torréns, Jr., Chief Executive Officer of the Company, do hereby certify, in
      accordance with 18 U.S.C. Section 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),
                as
                applicable, 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.




EUROBANCSHARES,
                INC.Dated:
              March 16, 2007
            By:
            /s/
              Rafael Arrillaga Torréns, Jr.Rafael
              Arrillaga Torréns, Jr.Chief
              Executive Officer




A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002 (“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 required by Section 906, has been
      provided to EuroBancshares, Inc. and will be retained by EuroBancshares, Inc.
      and furnished to the Securities and Exchange Commission or its staff upon
      request.
I 

109TH CONGRESS 

1ST SESSION H. R. 1752 

To suspend temporarily the duty on Polyethylene HE2591. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. ADERHOLT introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Polyethylene HE2591. 

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

3 SECTION 1. POLYETHYLENE HE2591. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.04.41 Polyethylene HE2591 (CAS 

No. 25087–43–7), with lbutene as comonomer (provided for in subheading 

3901.20.50) ......................... Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies with respect to goods entered, or 
2 

•HR 1752 IH 

1 withdrawn from warehouse for consumption, on or after 

2 the 15th day after the date of the enactment of this Act. 

Æ
Bonnie Burnette ERWIN, petitioner, v. UNITED STATES, et al.

No. 13-7088.

Supreme Court of the United States

Dec. 2, 2013.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit dismissed. See Rule 39.8.
# Chart

DIF Reserve RatiosPercent of Insured Deposits

# Data
EXHIBIT 10.82


 


January 5,
2004


 


John Wille


c/o Russ Berrie and Company,
Inc.


111 Bauer Drive


Oakland, New Jersey  07436


 


Dear John:


 


As you know,
the Board of Directors of the Company has authorized the exploration of a
possible sale of or other major corporate transaction involving the Company,
although no decision to effect such a transaction has been made and there can
be no assurance that it will occur or as to the timing thereof.


 


The Board of
Directors believes that your continued service as an executive and effective
participation in the exploration of a possible sale is important to the
Company.  Accordingly, the Board of
Directors has determined that if the Company consummates a Change in Control,
as defined in the Company’s Change in Control Severance Plan, on or before
April 30, 2004, and you remain employed by the Company through the consummation
of that Change in Control, you will be awarded a special bonus of
$150,000.  (If for any reason you are
not employed by the Company when the Change in Control is consummated, you will
not be entitled to any payment under this letter.)


 


The bonus
contemplated above is in addition to any other compensation to which you may be
entitled from the Company.  Nothing in
this letter alters any of the terms of your employment with the Company or
creates any obligation on the part of the Company to retain you as an
employee.  This letter supercedes the
letter to you, dated July 2, 2003, a copy of which is attached hereto, which
letter shall be of no further force or effect.


 


	
   

  	
  Very truly
  yours,

  
	
   

  	
   

  
	
   

  	
  /s/ ANGELICA
  BERRIE

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  Angelica
  Berrie

  
	
   

  	
  Chief
  Executive Officer