alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES FIDELITY & GUARANTY CO. v. UNITED STATES.*

(Circuit Court of Appeals, Eighth Circuit.

January 18, 1916.)

No. 4391.

Post Office <®=»10 — Embezzlement of Mail Matter — Liability of Sureties.

Though, under the regulations of the Post Office Department, the government is only responsible, in case of the loss of a registered package, for an amount not exceeding $50, it can recover from the sureties on the bond of a postal employe, who embezzles a registered package containing a sum of money in excess of $50, the full amount lost, if not in excess of the penalty of the bond.

[Ed. Note. — For other cases, see Post Office, Cent. Dig. § 17; Dec. Dig. <©=3l0J

In Error to the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge.

Action by the United States against the United States Fidelity & Guaranty Company. Judgment for the United States, and defendant brings error.

Affirmed.

John M. Wood, of St. Louis, Mo., for plaintiff in error.

Arthur L. Oliver, of St. Louis, Mo., for the United States.

Before ADAMS and CARLAND, Circuit Judges, and TRIEBER, District Judge.

*

Rehearing denied February 28, 1916.

PER CURIAM.

The only issue involved in this case is whether, in view of the fact that under the regulations of the Post Office .Department the government is only responsible in case of a loss of a registered package for an amount not exceeding $50, it can recover from the sureties on the bond of its employé, who embezzled a registered package containing a sum of money in excess of $50, the full amount lost, provided it is not in excess of the penalty of the bond.

This identical question was before us in National Surety Company v. United States, 129 Fed. 70, 63 C. C. A. 512. It was there held that there could be such a recovery. This case is ruled by that decision, and it is unnecessary to add anything to it

The judgment of the court below is affirmed.
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 quarterly report of The Quantum Group, Inc. (the Company) on Form 10-K for the year ended October 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Donald B. Cohen, Executive Vice President and Chief Financial Officer, certify to my knowledge and in my capacity as an officer of the Company, pursuant to 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) 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 as of the dates and for the periods expressed in the Report.



Date: February 13, 2009



| |                                           
| | ------------------------------------------
| | /s/ DONALD B. COHEN                       
| | Donald B. Cohen                           
| | Vice President and Chief Financial Officer
The Honorable Michael James Davis, United States District

1

Judge for the District of Minnesota, adopting the report and

recommendations of the Honorable J. Earl Cudd, United States

Magistrate Judge for the District of Minnesota.

___________

No. 95-2450

___________

George E. Smith, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * District of Minnesota.

Marvin T. Runyon, Jr., P.M.G., *

 * [UNPUBLISHED]

Appellee. *

___________

 Submitted: July 5, 1996

 Filed: July 12, 1996

___________

Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________

PER CURIAM.

George E. Smith appeals from the district court's grant of summary 1

judgment to the United States Postal Service (USPS) in his employment

discrimination action. The district court concluded Smith could not make

out a prima facie case of race discrimination or reprisal as he had not

shown any adverse employment action. On appeal, Smith argues he should

have been afforded the opportunity to conduct discovery. We affirm.

Reviewing de novo, we agree with the district court that Smith failed

to prove he suffered an adverse employment action. See Landon v. Northwest

Airlines, Inc., 72 F.3d 620, 624 (8th Cir. 1995) (standard of review; prima

facie case for race
-2-

discrimination); Evans v. Kansas City, Mo. Sch. Dist., 65 F.3d 98, 100 (8th

Cir. 1995) (prima facie case for retaliation claim), cert. denied, 116 S.

Ct. 1319 (1996). We reject Smith's contention that summary judgment was

entered prematurely; Smith neither requested a continuance under Federal

Rule of Civil Procedure 56(f), nor submitted an affidavit explaining why

he needed additional time for discovery. See Federal Rule of Civil

Procedure 56(f); Puckett v. Cook, 864 F.2d 619, 622 (8th Cir. 1989).

Moreover, Smith had seven months in which to conduct discovery before USPS

moved for summary judgment, and USPS did not move for summary judgment

until after the original deadline for discovery had passed. See Bright v.

Standard Register Co., 66 F.3d 171, 172 (8th Cir. 1995) (per curiam)

(summary judgment not premature where plaintiffs had months to complete

discovery before motion was filed, and after motion was filed, plaintiffs

neither moved for discovery continuance nor attempted to complete desired

discovery). 

Accordingly, we affirm the judgment of the district court.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 02-10

IN RE: RECALL OF RETIRED JUDGE

O R D E R

Pursuant to 38 U.S.C. § 7257(b)(1), and in order to meet the needs of the Court, retired Judge

Ronald M. Holdaway is recalled to perform substantial service to the Court. The Court requires

Judge Holdaway's service to assist in reviewing and deciding an unprecedented number of appeals

now pending before the Court. 

Upon consideration of the foregoing, it is

ORDERED that, effective on or about February 8, 2010, Ronald M. Holdaway, shall

commence service as a judge of the Court for a period not to exceed 90 days.

DATED: January 12, 2010 BY THE COURT:

WILLIAM P. GREENE, JR.

Chief Judge
Casie Walker

Burnet County District Clerk

1701 East Polk Street, Suite 90

Burnet, Texas 78611-2757

Phone (512) 756-5450

July 17, 2015

Court of Appeals - Third District of Texas

via email - 3rdclerksandreporters@txcourts.gov

Re: Court of Appeals Number: 03-15-00258-CR

Trail Court Case Number: 42636

Style: The State of Texas

vs.

Stephanie Maie Heintzlemann

This letter is to request an extension of thirty (30) days to file the Clerk’s record in the 

above-referenced cause. 

Sincerely,

Casie Walker

District Clerk
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 MILLENNIUM CAPITAL VENTURE HOLDINGS,
INC.(the "Company") on Form 10-KSB for the year ending December 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Leonard Sternheim, President, Principal Financial Officer and
Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 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, as amended; 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/ Francis Mailhot
-------------------
Francis Mailhot
President, Principal Financial Officer,
Principal Accounting Officer, Chairman
of the Board of Directors

March 16, 2005
EXHIBIT 32.2

                            SECTION 906 CERTIFICATION

<PAGE>


                                  Exhibit 32.2

                     CERTIFICATION OF DISCLOSURE 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 Infinity  Capital Group,  Inc. (the
"Company") on Form 10-KSB for the period ending April 30, 2005 as filed with the
Securities  and Exchange  Commission on the date hereof (the  "Report") I, Jerry
Gruenbaum,  Interim Chief Financial Officer of the Company, certify, pursuant to
18 USC section  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 results of operations of the
Company.

Dated: September 16, 2005


Name: Jerry Gruenbaum

/s/Jerry Gruenbaum
---------------------------------------------------------
Position: Interim Chief Financial Officer and Secretary


This  certification  accompanies  the  Report  pursuant  to  Section  906 of the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed  filed by the  Company  for  purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5877 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5877

 To designate the facility of the United States Postal Service located 
 at 655 Centre Street in Jamaica Plain, Massachusetts, as the ``Lance 
  Corporal Alexander Scott Arredondo, United States Marine Corps Post 
                           Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2010

 Mr. Capuano introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
 at 655 Centre Street in Jamaica Plain, Massachusetts, as the ``Lance 
  Corporal Alexander Scott Arredondo, United States Marine Corps Post 
                           Office Building''.

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

SECTION 1. LANCE CORPORAL ALEXANDER SCOTT ARREDONDO, UNITED STATES 
              MARINE CORPS POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 655 Centre Street in Jamaica Plain, Massachusetts, shall be 
known and designated as the ``Lance Corporal Alexander Scott Arredondo, 
United States Marine Corps Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Lance 
Corporal Alexander Scott Arredondo, United States Marine Corps Post 
Office Building''.
                                 <all>
```
### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 10-50944 Conference Calendar
UNITED STATES OF AMERICA, Plaintiff-Appellee

v. NUBIA YEDID CELAYA-MORALES, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-1160-1
Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges. PER CURIAM: * The attorney appointed to represent Nubia Yedid Celaya-Morales has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Celaya-Morales has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with
c o u n s e l ’ s a s s e s s m e nt that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D August 16, 20 11 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR
. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR
. R. 47.5 .4. Case: 10-50944 Document: 00511573678 Page: 1 Date Filed: 08/16/2011No. 10-50944

counsel is excused from further responsibilities he r e i n, and the APPEAL IS DISMISSED. See5 T H C I R
. R. 42.2.

2 Case: 10-50944 Document: 00511573678 Page: 2 Date Filed: 08/16/2011
[Federal Register Volume 66, Number 79 (Tuesday, April 24, 2001)]
[Notices]
[Pages 20663-20664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10055]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): NORA: RFA OH-01-002: World-Wide Occupational 
Safety and Health Program; RFA OH-01-003: State Fatality Surveillance 
and Field Investigations of Occupational Injuries: Fatality Assessment 
and Control Evaluation (FACE); and PA 99-143: Construction Safety 
Alliance

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following meeting:
    Name: Disease, Disability, and Injury Prevention and Control 
Special Emphasis Panel (SEP) NORA: RFA OH-01-002: World-Wide 
Occupational Safety and Health Program; RFA OH-01-003: State Fatality 
Surveillance and Field Investigations of Occupational Injuries: 
Fatality Assessment and Control Evaluation (FACE); and PA 99-143: 
Construction Safety Alliance (NIOSH).
    Times and Dates: 10 a.m.- 10:30 a.m., May 14, 2001. (Open); 10:30 
a.m.-5 p.m., May 14, 2001. (Closed); 8 a.m.-2 p.m., May 15, 2001. 
(Closed).
    Place: State Plaza Hotel, 2117 E. State Street, NW, Washington, DC 
20037.
    Status: Portions of the meeting will be closed to the public in 
accordance with provisions set forth in section 552b(c) (4) and (6), 
Title 5 U.S.C., and the Determination of the Deputy Director for 
Program Management, CDC, pursuant to Public Law 92-463.
    Matters to be Discussed: The meeting will include the review, 
discussion, and evaluation of applications received in response to 
Program Announcements NORA: RFA OH-01-002; RFA OH-01-003; and PA 99-
143.
    Contact Person for More Information: Gwendolyn H. Cattledge, Ph.D., 
Office of Extramural Programs, National Institute for Occupational 
Safety and Health, CDC, 1600 Clifton Rd, NE, M/S D28, Atlanta, Georgia 
30333, telephone 404-639-2378.
    The Director, Management Analysis and Services Office has been 
delegated the authority to sign Federal Register notices pertaining to 
announcements of meetings and other committee management activities, 
for both the Centers for Disease Control and Prevention and the Agency 
for Toxic Substances and Disease Registry.


[[Page 20664]]


    Dated: April 18, 2001.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention (CDC)
[FR Doc. 01-10055 Filed 4-23-01; 8:45 am]
BILLING CODE 4163-19-P
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 6274** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. DANTE L. WILLIAMS , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern D istrict of Virginia , at Richmond
. Henry E. Hudson , District Judge. ( 3:06

- cr - 00045

- HEH

- 1; 3:08

- cv - 679 )

Submitted : April 22, 2010 Decided: April 28, 2010

Before TRAXLER, Chief Judge, and KING and AGEE , Circuit Judges.

Dismissed by un published pe r curiam opinion
. Dante L. Williams, Appellant Pro Se. Peter Sinclair Duffey, Assistant United States Attorney, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Dante L. Williams seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 ( West Supp. 2009 ) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (200 6 ). A certificate of ap pealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (200 6 ). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constituti onal claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000);
Rose v. Lee , 2 52 F.3d 676, 683

- 84 (4th Cir. 2001). We have independently reviewed the record and conclude that Williams has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument beca use the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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<PAGE>
                                                                    EXHIBIT 99.1


    Form of Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                           of the United States Code


I, Clyde Harrison, the chief executive officer of Rogers International Raw
Materials Fund L.P. certify that (i) the Form 10K fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in the Form 10K fairly presents, in all
material respects, the financial condition and results of operations of Rogers
International Raw Materials Fund L.P.


                                                 /s/ Clyde Harrison
                                                 ------------------
                                               Chief Executive Officer
                                                   March 22, 2003
#### RUSER, Respondent, v. UNION DISTILLING CO., Appellant.

(Common Pleas of New York City and County, General Term.

May 17, 1894.)

Action by Ludwig Ruser against the Union Distilling Company.

Argued before BOOKSTAVER, BISCHOFF, and PRYOR, JJ.

S. E. Duffy, for appellant.

J. A. McCreery, for respondent.

No opinion. Motion for leave to appeal to the court of appeals denied, with $10 costs. See 27 N. Y. Supp. 920.
<TABLE> <S> <C>


<ARTICLE> 5

<S>                                  <C>
<PERIOD-TYPE>                        6-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-END>                                  JUN-30-2000
<CASH>                                         20,024,000
<SECURITIES>                                            0
<RECEIVABLES>                                   5,515,000
<ALLOWANCES>                                      881,000
<INVENTORY>                                       517,000
<CURRENT-ASSETS>                               27,399,000
<PP&E>                                         13,577,000
<DEPRECIATION>                                  8,357,000
<TOTAL-ASSETS>                                 36,359,000
<CURRENT-LIABILITIES>                          14,870,000
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                          247,000
<OTHER-SE>                                    125,305,000
<TOTAL-LIABILITY-AND-EQUITY>                   36,359,000
<SALES>                                        16,334,000
<TOTAL-REVENUES>                               16,334,000
<CGS>                                           5,527,000
<TOTAL-COSTS>                                   5,527,000
<OTHER-EXPENSES>                               23,251,000
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                               (216,000)
<INCOME-PRETAX>                               (12,228,000)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                           (12,228,000)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                  (12,228,000)
<EPS-BASIC>                                         (0.50)
<EPS-DILUTED>                                       (0.50)



</TABLE>