alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-6035
DAVID GRAHAM, Plaintiff - Appellant, versus JAMES B. ROBBINS, Judge; PRINCE WILLIAM COUNTY CHILD SUPPORT ENFORCEMENT; LOUVENIA STREET, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CA-02-1619-AM) Submitted: April 23, 2003 Decided: May 15, 2003 Before WIDENER, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. David Graham, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: David Graham appeals the district court’s order dismissing Graham’s amended 42 U.S.C. § 1983 (2000) complaint pursuant to 28 U.S.C. § 1915A (2000). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Graham v. Robbins , No. CA-02-1619-AM (E.D. Va. Dec. 18, 2002). 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
#### Morris *v.*Deadwyler.

February 11, 1915.

Trover. Before Judge Brand. Banks superior court. January 14, 1914.

*W. A. Charters*and *PL.*PL. *Perry,*for plaintiff in error.

*A. J. Griffin*and *Cobb & Brwin,*contra.

Beck, J.

1. There were no errors in that portion of the court’s charge excepted to, requiring the grant of a new trial.

2. While the testimony as to many of the issues involved was vague, it can not be said that the evidence as a whole, together with the deductions which the jury could legitimately make therefrom, did not authorize the verdict; and this having received the approval of the trial judge, the judgment refusing a new trial will not be disturbed here.

*Judgment affirmed.*

*All the Justices concur, except Fish, G. J., absent.*
#### BRILL v. PYNE.

(Supreme Court, Appellate Term, First Department.

January 31, 1896.)

No opinion. Judgment affirmed, with costs.
**Exhibit31.2**

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER**

I, Edward C. English,certify that:

1.             I have reviewed this quarterlyreport on Form 10-Q of PRAECIS PHARMACEUTICALS INCORPORATED;

2.             Based on my knowledge, this reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3.             Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

4.             The registrant’s other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;

(b) Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and

5.             The registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing theequivalent functions):

(a) All significant deficiencies and material weaknesses in the designor operation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management orother employees who have a significant role in the registrant’s internalcontrol over financial reporting.

Date:       November 9, 2006
| /s/ Edward C. English    |   |
|--------------------------|--------|
| Edward C.  English       |
| Chief Financial  Officer |

 

----
#### In the Matter of Vernon I. Jones, Respondent, v Jalene M. Pagan, Appellant.

[947 NYS2d 580]

In a child custody proceeding pursuant to Family Court Act article 6, the mother appeals from an order of the Family Court, Kings County (O’Shea, J.), dated March 21, 2011, which, after a hearing, granted the father’s petition, in effect, to modify two orders of custody and visitation of the same court dated July 14, 2003, and June 1, 2006, respectively, so as to award him sole custody of the subject children.

Ordered that the order dated March 21, 2011, is affirmed, without costs or disbursements.

The evidence established that the mother engaged in a course of conduct which intentionally interfered with the relationship between the children and the father. Such action is “so inconsistent with the best interests of the children as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent” *(Matter of Ross v Ross,*68 AD3d 878, 878 [2009]; *see Matter of Gurewich v Gurewich,*58 AD3d 628, 629 [2009]; *Matter of Weinberg v Weinberg,*52 AD3d 616, 617 [2008]; *Matter of Nikolic v Ingrassia,*47 AD3d 819, 820 [2008]; *see also Matter of Jules v Corriette,*76 AD3d 1016, 1017 [2010]; *Pierre-Paul v Boursiquot,*74 AD3d 935, 936 [2010]; *Bains v Bains,*308 AD2d 557, 558 [2003]). Although the mother attempted to excuse her behavior based upon her allegations of domestic violence by the father, the Family Court concluded that her allegations were not supported by credible evidence, and thus it properly discounted that explanation *(see Pierre-Paul v Boursiquot,*74 AD3d at 936).

Likewise, although the mother is correct that “[a] parent’s criminal history may militate against an award of custody” *(Matter of Nunn v Bagley,*63 AD3d 1068, 1069 [2009]; *see Matter of Esposito v Shannon,*32 AD3d 471, 474 [2006]), a parent’s criminal history is not an absolute bar to custody and must, as with any other factor, be considered in the totality of the cir*1059cumstances *(see Matter of Moore v Fink,*77 AD3d 1204, 1206 [2010]; *Matter of Esposito v Shannon,*32 AD3d at 473-474; *see also Eschbach v Eschbach,*56 NY2d 167, 174 [1982]; *Miller v Pipia,*297 AD2d 362, 364 [2002]). Here, the Family Court’s determination that the father “appear[ed] to have refocused his life without further criminal behavior” and that awarding him custody was in the children’s best interest, was supported by the record *(compare Matter of Moore v Fink,*77 AD3d at 1206-1207; *Matter of Esposito v Shannon,*32 AD3d at 473-474). Florio, J.P., Balkin, Hall and Miller, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                       1,389,000
<SECURITIES>                                24,795,000
<RECEIVABLES>                               18,038,000
<ALLOWANCES>                                   239,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            59,678,000
<PP&E>                                      25,648,000
<DEPRECIATION>                              13,555,000
<TOTAL-ASSETS>                              88,658,000
<CURRENT-LIABILITIES>                       13,295,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,482,000
<OTHER-SE>                                  73,027,000
<TOTAL-LIABILITY-AND-EQUITY>                88,658,000
<SALES>                                              0
<TOTAL-REVENUES>                            30,814,000
<CGS>                                                0
<TOTAL-COSTS>                               24,059,000
<OTHER-EXPENSES>                             5,987,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              30,000
<INCOME-PRETAX>                                856,000
<INCOME-TAX>                                   317,000
<INCOME-CONTINUING>                            539,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   539,000
<EPS-BASIC>                                        .04
<EPS-DILUTED>                                      .04



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule conatins summary financial information extracted from the interim
financial statements of Globus International Resources Corp. as at and for the
three months ended December 31,1999 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                            1120
<SECURITIES>                                         0
<RECEIVABLES>                                  3962770
<ALLOWANCES>                                    520000
<INVENTORY>                                    1170644
<CURRENT-ASSETS>                               5283664
<PP&E>                                          126301
<DEPRECIATION>                                   92203
<TOTAL-ASSETS>                                 5477122
<CURRENT-LIABILITIES>                          2727342
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          7772
<OTHER-SE>                                     2742008
<TOTAL-LIABILITY-AND-EQUITY>                   5477122
<SALES>                                        3065631
<TOTAL-REVENUES>                               3065631
<CGS>                                          2938090
<TOTAL-COSTS>                                   100489
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               76171
<INCOME-PRETAX>                                (37632)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (37362)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (37632)
<EPS-BASIC>                                     (.004)
<EPS-DILUTED>                                   (.004)


</TABLE>
EXHIBIT 32.2

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
Annual Report of Northwest Pipe Company (the Company) on Form 10-K for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robin Gantt, Vice
President, Chief Financial 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) 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/    ROBIN
GANTT                     
|Robin Gantt                            
|Vice President, Chief Financial Officer

March 21, 2011
Case: 1:02-cv-05895 Document #: 100 Filed: 11/05/03 Page 1 of 1 PageID #:965
## NO. 12-08-00440-CV IN THE COUR T OF APP EALS TWELFTH COURT OF APP EALS D ISTRICT

TYLER, TEX AS

§ IN RE: § ORIGINAL PROCEE DING LAV ERNA S ELLS §

MEMORA NDUM OPIN ION PER CU RIAM I n this original pr ocee ding, Re lator L a v e r n a Se ll s seeks a

writ of mandamus requiringthe trial

cour t t o v a c a te it s o r d e r s d e n y in g Re lato r ’ s mo ti o nf o r c o n ti nu an c e an d

p r o te c ti v e o r d e r , g r an ting the motion of R eal Party in I ntere st Earl Drott to compel Relator’s deposition, and deny ing Re lator’s mot ion to r e c on sid e r. Re lator

fu rt he r a sk s th a t th e tr ia l c ourt be dir e c te d to pr oc e e d no fu rt he r i n th is

case . On

De c e mbe r 1 8, 20 08 , th e tr ia l c ourt sig ne d a fi na l ju dg ment in t

he un de rl yinglaws uit

. Relator filed a m o t i o n for new trial and, on Ma rch 26, 2009, f

iled a notice of

appea l from the De c e mbe r 1 8, 20 08 jud g me nt. Con se qu e ntl y , o n Ap ri l 16 , 20 09 , thi s c ourt no tif ie d Re lator

that th is orig inal proce eding appea rs to be moot a

nd order ed Relator to show ca use, on or be fore April 27, 2009, why this orig inal proce eding should not be dismiss ed. The deadline for Relator’s re sponse has passed, a nd Relator has not re sponded to this court’s orde r. Ba sed upon the re cord be fore us, we hold that the final judgme nt r ender ed in the underlying lawsuit has re ndere d this procee ding moot. Ac cording ly , we dis miss t h i s o ri gi n al p ro ce ed i n g. Opinion delivere d May

6, 2009. Pane l co ns i s t ed of

Wor t hen , C. J. , Gri

f f i t h, J. , an d Hoyl e, J.

(PUBL I SH)
Case: 1:02-cv-07266 Document #: 146 Filed: 08/30/06 Page 1 of 1 PageID #:1262
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----

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May      7, 2008 | /s/ ROBERT E. MEAD                        |   |
|------------------------------------|-------------------------------------------|--------|
|                               | Robert      E. Mead                       |   |
|                               | Chairman      and Chief Executive Officer |   |

----
EXHIBIT 32.2

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 Annual Report of Northwest Pipe Company (the Company) on Form 10-K for the period ending December 31, 2009 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Stephanie J. Welty, Senior Vice President, Chief Financial 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) 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/    STEPHANIE J.
WELTY                     
|Stephanie J. Welty                            
|Senior Vice President, Chief Financial Officer

November 4, 2010
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 1 of 10 PageID #:41
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 2 of 10 PageID #:42
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 3 of 10 PageID #:43
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 4 of 10 PageID #:44
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 5 of 10 PageID #:45
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 6 of 10 PageID #:46
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 7 of 10 PageID #:47
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 8 of 10 PageID #:48
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 9 of 10 PageID #:49
Case: 1:01-cv-05182 Document #: 12 Filed: 11/13/02 Page 10 of 10 PageID #:50
****
 **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 Annual Report of Emeritus Corporation (the Company) on Form 10-K/A for the year ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Annual Report), I, Daniel R. Baty, Chief Executive 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:
 
 
 1.
The Annual Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and 
 2.
The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company. 
 
 
 /s/    Daniel R. Baty
 Daniel R. Baty
 Chief Executive Officer
 January 26, 2005
# Official Journal L 112/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 112 |
| | |
| English edition | Legislation | Volume 6028 April 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 112

English edition

Legislation

Volume 6028 April 2017

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Regulation (EU) 2017/735 of 14 February 2017 amending, for the purpose of its adaptation to technical progress, the Annex to Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (
  1
  ) | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Regulation (EU) 2017/735 of 14 February 2017 amending, for the purpose of its adaptation to technical progress, the Annex to Regulation (EC) No 440/2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) (
  1
  )

1

1

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.