alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR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

July 30, 2003

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-40983 Summary Calendar

RANDY GLENN CLARY,

Plaintiff-Appellant,

versus

JAMES STROUD, Sheriff; UNIDENTIFIED KISSINGER; J. R. KISSINGER, Jailer; UNIDENTIFIED LANGLY, Jailer; UNIDENTIFIED HOWETH, Sergeant,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Texas

USDC No. 6:00-CV-96

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

Before JOLLY, JONES and CLEMENT, Circuit Judges.

PER CURIAM: *

Randy Glenn Clary (TDCJ # 1073341) appeals the magistrate

judge’s dismissal of his 42 U.S.C. § 1983 complaint following a

bench trial. We reject the appellees’ contention that the notice

of appeal was timely only with respect to the denial of the motion

for a new tri al. Although it was not filed until later, Clary

submitted his motion for a new trial within 10 days after the entryNo. 02-40983 -2-

of final judgment. S ee Houston v. Lack

, 487 U.S. 266, 276 (1988).

Accordingly, the time for filing the notice of appeal began to run

from the disposal of the post-judgment motion. S ee Mangieri v.

Clifton , 29 F.3d 1012, 1015 n.5 (5th Cir. 1994).

We find no abuse of discretion in the denial of Clary’s motion

for a continuance, or in the denial of his motion for the

appointment of counsel. See Streber v. Hunter , 221 F.3d 701, 736

(5th Cir. 2000); Ulmer v. Chancellor , 691 F.2d 209, 212 (5th Cir.

1982). The magistrate judge did not exclude relevant testimony or

improperly participate in the trial. Nor did the magistrate judge

abuse his discretion in denying the motion for a new trial.

Streber , 221 F.3d at 736.

AFFIRMED

.
fs1a2ex10xii_deyu.htm


Exhibit 10.12


 


Certificate of Organic Products

















We hereby certify that,


               The manufacturing process of the company listed below satisfies the requirements of GB/T 19630. 1-. 4 “Organic Products” (the Production, Processing, Identification and Sale and Management System), and its products are hereby recognized as organic products.


 

 



	
   Company Name:

	
Jinzhong Deyu Agriculture Trading Co., Limited








	
   Company Address:

	
Shanzhuangtou Village, Shitie Town, Yuci District, Jinzhong City, Shanxi Province








	
   Certificate Category:

	
Manufacturing, Processing and Trading








	
   Production Base:

	
Shanzhuangtou, Lifang and Bolintou Villages in Shitie Town, Yuci District, Jinzhong City. (total 6000 mu)








	
   Product Name:

	
Please see the Appendix.








	
   Certificate Number:

	
COFCC-R-0912-0382








	
   Quantity of Output:

	
Please see the Appendix.








	
   Issuing Date:

	
December 21, 2009 (Effective until December 20, 2010)

















                                                                       Issuing Organization:


 

 


                                                                       China Organic Food Certification Center


                                                                       By:        /s/ Yuanhao Wang      


                                                                       December 21, 2009














  





1











  






 







Appendix


 

 


           The inventories covered by the organic product certificate of Jinzhong Deyu Agriculture Trading Co., Limited No. COFCC-R-0912-0382 are hereby listed as follows (This Appendix shall become effective at the same time as the Certificate and shall stay effective until December 20, 2010):













	
Trademark

	
Product Name

	
Output (Ton)


	
Deyu

	
Mung Bean

	
29


	
Deyu

	
Millet

	
270


	
Deyu

	
Corn Grit

	
684


	
Deyu

	
Black Rice Pigment

	
118


	
Deyu

	
Soybean

	
49


	
Deyu

	
Buckwheat Noodle

	
39










































                                                                       Issuing Organization:


 

 


                                                                       China Organic Food Certification Center


                                                                       By:        /s/ Yuanhao Wang      


                                                                       December 21, 2009


 


 


2
NEX SEF-2019-R-6

July 2, 2019

Submitted via CFTC Portal

Division of Market Oversight

U.S. Commodity Futures Trading Commission

Three Lafayette Centre

1155 21st Street, N.W.

Washington, D.C. 20581

Re: NEX SEF Limited – Regulation 40.6(a) Certification – Market Regulation Advisory Notice

Ladies and Gentlemen:

Pursuant to Section 5c(c) of the Commodity Exchange Act (the “Act”) and Section 40.6(a) of the 

regulations of the Commodity Futures Trading Commission (the “Commission”), NEX SEF Limited (“NEX 

SEF” or the “Facility”) hereby notifies the Commission this it is self-certifying the issuance of NEX SEF

Market Regulation Advisory Notice 2019-02 (“MRAN 2019-02”).

A concise explanation and analysis of MRAN 2019-02 and its compliance with applicable provisions of 

the Act and the Commission’s regulations thereunder is attached hereto as Exhibit A. 

A clean copy of MRAN 2019-02 is attached hereto as Exhibit B. A request for confidential treatment of 

Exhibit B is being simultaneously submitted to the Commission and a copy of that request for confidential 

treatment is included with this submission. 

MRAN 2019-02 will become effective on July 16, 2019. NEX SEF certifies that MRAN 2019-02 complies

with the requirements of the Commodity Exchange Act and the rules and regulations promulgated 

thereunder. NEX SEF has reviewed the swap execution facility core principles (“Core Principles”) as set 

forth in the Commodity Exchange Act and has determined that the issuance of MRAN 2019-02 impacts

the Core Principles identified in Exhibit A.

NEX SEF is not aware of any substantive opposing views expressed with respect to this filing and 

certifies that, concurrent with this filing, a copy of this submission was posted on the NEX SEF website 

and may be accessed at: http://www.nexsef.com. 

Please contact the undersigned at (212) 521-4609 with any questions regarding this matter.

Very truly yours,

Nirup Ramalingam, Chief Operating Officer

NEX SEF LIMITED

2 Broadgate

London EC2M 7UR

United Kingdom
2

Exhibit A

Explanation and Analysis

MRAN 2019-02

MRAN 2019-02 provides guidance on how the fixing dates and settlement dates for NDFs governed by 

SEF Rule 801 are calculated in the event of an unexpected bank holiday or a political event that renders 

the operations of a fixing source (e.g., a central bank) impossible or impracticable. MRAN 2019-02 also 

provides guidance to Participants on their Part 45 reporting obligations, consistent with SEF Rule 316,

with respect to NDFs that are impacted by such an unexpected bank holiday or political event postexecution on NEX SEF. 

MRAN 2019-02 is consistent with Core Principle 2.

ACTIVE 244142487
**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 Annual Report of Adsouth Partners, Inc., (the "Company")
      on
      Form 10-KSB for the period ending December 31, 2005, as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), the
      undersigned Chief Executive Officer of the Company hereby certifies, pursuant
      to
      18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002 that (based on his knowledge): 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
      as of
      and for the periods covered in the Report.


Date: March
                27, 2006
              By:
              /s/
                John
                Cammarano, Jr.Chief Executive Officer
Exhibit 21.1

Subsidiaries
of The Valspar Corporation

The following are the
significant subsidiaries of The Valspar Corporation. Where the name of the
subsidiary includes the Valspar name, that subsidiary does business under the
Valspar corporate name:

|                                                      |                       
|----------------------------------------------------- | ----------------------
|                                                      | State of Incorporation
|                                                      |                       
|Engineered Polymer
 Solutions, Inc.                   | Delaware              
|Plasti-Kote Co., Inc.                                 | Ohio                  
|Valspar Coatings Finance
 Corporation                 | Minnesota             
|Valspar Finance Corporation                           | Minnesota             
|Valspar Inc.                                          | Canada                
|Valspar Refinish, Inc.                                | Mississippi           
|Valspar Sourcing, Inc.                                | Minnesota             
|The Valspar Corporation
 Limitada                     | Brazil                
|The Valspar (Australia)
 Corporation Pty Limited      | Australia             
|The Valspar (Nantes)
 Corporation, S.A.S.             | France                
|The Valspar (France)
 Corporation, S.A.S.             | France                
|Valspar Industries GmbH                               | Germany               
|The Valspar (Germany) GmbH                            | Germany               
|The Valspar (Asia)
 Corporation Limited               | Hong Kong             
|The Valspar (H.K.)
 Corporation Limited               | Hong Kong             
|Valspar Hai Hong Coatings
 (Shenzhen) Company Limited | PRC                   
|Valspar Mexicana, S.A. de
 C.V.                       | Mexico                
|Valspar Rock Company Ltd.                             | Japan                 
|The Valspar (Singapore)
 Corporation Pte Limited      | Singapore             
|The Valspar (South Africa)
 Corporation (Pty) Limited | South Africa          
|The Valspar (UK)
 Corporation, Limited                | United Kingdom        
|The Valspar (Switzerland)
 Corporation AG             | Switzerland           
|The Valspar (Malaysia) Corporation
 Sdn Bhd           | Malaysia              
|Dongguan Lilly Paint
 Industries Limited              | PRC                   
|Lilly Industries (Shanghai)
 Limited                  | PRC                   
|Hua Run Paints Holdings
 Company Limited              | Hong Kong             
|Valspar Powder Coatings
 Limited                      | United Kingdom        

Subsidiaries not listed would
not, if considered in the aggregate as a single subsidiary, constitute a
significant subsidiary.

50

---
exv10w1






Exhibit 10.1




First Amendment to Securities Purchase Agreement




     The Securities Purchase Agreement dated as of May 20, 2010 (the “Agreement”) between Borders
Group, Inc., a Michigan corporation (the “Company”), and LeBow Gamma Limited Partnership, a
Delaware limited partnership (the “Purchaser”), is hereby amended as follows, effective as of
September 27, 2010:




	1.	 	Section 4.2 (a) (iii) is amended to read in its entirety as follows:
	 
	 	 	(iii)appointing, terminating or transferring the Chief Executive Officer or the Chief
Financial Officer of the Company, or any other executive officer of the Company, or
materially amending or modifying the terms and conditions of any such Person’s terms and
conditions of employment (the “Additional Consent Right); provided that: (a)
this sub-clause (iii) will not apply to an Exempt Issuance or awards or payments made
pursuant to the Company’s annual incentive plans; (b) the rights set forth in this
sub-clause (iii) will be operative only upon approval of the Additional Consent Right by
the shareholders of the Company as set forth herein; and (c) the rights set forth in
this sub-clause (iii) will not be applicable to any actions relating to any executive
officer or prospective executive officer who is either an Affiliate of the Purchaser or
a BSL Affiliate.
	 
	2.	 	Except as here and as amended, the Agreement remains in full force and effect.




 









 











     IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Agreement to be
duly executed by their respective authorized signatories as of the date indicated above.



	 	 	 	 	 
	BORDERS GROUP, INC.

 	 	 
	By:  	/s/ MICHAEL J. EDWARDS
 	 	 
	 	Name:  	Michael J. Edwards 	 	 
	 	Title:  	President 	 	 
	 



Accepted and Agreed to:




	 	 	 	 	 
	LEBOW GAMMA LIMITED PARTNERSHIP

 	 	 
	By:  	/s/ BENNETT S. LEBOW
 	 	 
	 	Name:  	Bennett S. LeBow 	 	 
	 	Title:  	President of LeBow Gamma, Inc.,

General Partner of LeBow Gamma Limited Partnership
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1006

Natural Gas Basis Swap - CIG Rockies - Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the mathematical result of subtracting the price of the 

NYMEX Henry Hub Natural Gas futures contract, as defined in Floating Price B, from the monthly 

price published by Platts Inside FERC for the location specified in Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the Platts Inside FERC CIG Rockies

published price for the corresponding contract month.

FLOATING PRICE B

The Floating Price for each contract month will be equal to the NYMEX Henry Hub Natural Gas 

futures contract final settlement price for the corresponding contract month on the last trading 

day for that contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each shall be valued as the 

contract quantity multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods.

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day prior to the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
<PAGE>

                                                                   Page 10 of 25
                                                                   EXHIBIT 99(b)

                        KEYCORP STUDENT LOAN TRUST 2001-A
                              OFFICER'S CERTIFICATE

Key Consumer Receivables LLC                Bank One, National Association
c/o Key Bank USA, National Association      One Bank One Plaza, Suite 0126
800 Superior Ave, 4th Floor                 Chicago, IL  60670
Cleveland, Ohio 44114                       Attn: Corporate Trust Administration
ATTN: Senior Vice President                 Phone: (312) 407-0192
Phone: (216) 828-9342                       Fax: (312) 407-1708
Fax: (216) 828-9301

MBIA Insurance Corporation                  Key Bank USA, National Association
113 King Street                             800 Superior Ave, 4th Floor
Armonk, NY 10504                            Cleveland, Ohio 44114
ATTN: Data Administration                   ATTN: Key Education Resources,
Phone (914) 765-3772                        Student Loan Trust 2001A
Fax:  (924) 765-3810                        Phone: (216) 828-9342
                                            Fax:   (216) 828-9301
J P Morgan Chase Bank
fka, The Chase Manhattan Bank
4 New York Plaza 6th Floor
New York, NY 10004
ATTN: ABS Administration
Phone: (212) 623-5437
Fax:   (212) 623-5933

Pursuant to Section 3.08 of the Subservicing Agreement between Key Bank USA,
National Association as Master Servicer and Pennsylvania Higher Education
Assistance Agency, as Subservicer, dated as of September 1, 2001 (the
"Agreement"), the undersigned hereby certifies that (i) a review of the
activities of PHEAA as Subservicer from January 1, 2002, through December 31,
2002, and of its performance under the Agreement has been made, and (ii) to the
best of the undersigned's knowledge, based on the review, PHEAA as Subservicer
has fulfilled all its obligations under the Agreement throughout such period.

The undersigned also hereby certifies that the Subservicer has disclosed to the
Master Servicer and to the Trust's certified public accountants all significant
deficiencies relating to the Subservicer's compliance with the minimum servicing
standards in accordance with a review conducted in compliance with the Uniform
Single Attestation Program for Mortgage Bankers or similar standard as set forth
in the Agreement.



                                                PENNSYLVANIA HIGHER EDUCATION
                                                ASSISTANCE AGENCY, Subservicer


Date: March 14, 2003                            By: /S/  RICHARD E. WILLEY
                                                  ------------------------

                                                Name: Richard E. Willey
                                                Title: President and CEO
#### The Niagara County.1

*(District Court, E. D. New York.*

July 13, 1885.)

Collision—Evidence—Lights—Negligent Lookout.

*3eld,*on tlie evidence, that the cause of the collision which gave rise to this action was the failure of the steersman of the N. to see the colored lights of the W., and not any faulty location of the lights.

In Admiralty.

*Goodrich, Deadly & Platt,*for libelants.

*Carpenter & Mosher,*for claimants. '

1

 Reported by R. D. & Wyllys Benedict, of the New York bar.

Benedict, J.

The cause of the collision in question was the failure of the man steering the Niagara County to see the colored lights which the Wilmot is proved to have carried. The excuse fop the omission to see the colored lights of the Wilmot is that they were so placed on the' cabin of the boat with reference to the lights carried on the bow of the boat that the bow lights rendered the colored lights invisible to the steersman of the Niagara County. The decisive question, therefore, is not as to the presence of colored lights on the Wilmot, but as to the location of such lights. Upon this question the weight of the evidence appears to be in favor of the libelants’ statement that the lights were set upon standards .that had just been constructed for that purpose at Port Jackson, and so located that they were not rendered invisible by the bow lights, but were visible to an approaching vessel.. The real cause of the collision, no doubt, was the inattention of the steersman of the Niagara County, who was the only person on the deck of that vessel when the colored lights of the Wilmot became visible.

There must be a decree for the libelants, with an order of reference.
[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Page 29835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13771]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Inter Company Collaboration for Aids Drug 
Development

    Notice is hereby given that, on March 6, 2001, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), the Inter Company Collaboration 
for AIDS Drug Development (the ``Collaboration'') filed written 
notifications simultaneously with the Attorney General and the Federal 
Trade Commission disclosing changes in its membership status. The 
notifications were filed for the purpose of extending the Act's 
provisions limiting the recovery of antitrust plaintiffs to actual 
damages under specified circumstances. Specifically, although no 
changes have been made in the membership of the Collaboration, members 
Glaxo Wellcome plc, Research Triangle Park, NC; and SmithKline Beecham 
plc, Philadelphia, PA have merged by agreeing to be acquired by a 
common parent company, GlaxoSmithKline plc., Research Triangle Park, 
NC.
    No other changes have been made in either the membership or planned 
activity of the Collaboration. Membership in the Collaboration remains 
open, and the Collaboration intends to file additional written 
notification disclosing all changes in membership.
    On May 27, 1993, the Collaboration filed its original notification 
pursuant to Section 6 (a) of the Act. The Department of Justice 
published a notice in the Federal Register pursuant to Section 6 (b) of 
the Act on July 6, 1993 (58 FR 36223).
    The last notification was filed with the Department on August 18, 
2000. A notice was published in the Federal Register pursuant to 
Section 6 (b) of the Act on October 6, 2000, (65 FR 59874).

Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 01-13771 Filed 5-31-01; 8:45 am]
BILLING CODE 4410-11-M
Exhibit 23

Consent of Independent
Registered Public Accounting Firm

The Board of Directors
MTS Systems Corporation:

We consent to the incorporation by
reference in the registration statements on Form S8 (Nos. 33-75880, 333-28661,
333-39388, and 333-82582) of MTS Systems Corporation of our reports dated December 14,
2005, with respect to the consolidated balance sheets of MTS Systems Corporation as of
October 1, 2005 and October 2, 2004 and the related consolidated statements of income,
shareholders investment and comprehensive income (loss) and cash flows, and the related consolidated financial
statement schedule for each of the fiscal years in the three-year period ended October 1,
2005, and managements assessment of
the effectiveness of internal control over financial reporting as of October 1, 2005, and
the effectiveness of internal control over financial reporting as of October 1, 2005, which reports appears in the annual report on Form 10-K of MTS Systems Corporation
for the fiscal year ended October 1, 2005.

/S/   KPMG LLP

Minneapolis, Minnesota
December 14, 2005

---
#### The People of the State of New York, Respondent, v Mario Woods, Appellant.

[874 NYS2d 858] —

Motion for writ of error coram nobis denied. Present — Martoche, J.P., Smith, Peradotto, Green and Gorski, JJ.
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 Titanium Asset Management Corp. (the “Registrant”) on Form 10-Q for the quarter ended March 31, 2011, as filed with the Securities and Exchange Commission as of the date hereof (the “Report”), I, Robert Brooks, Chief Executive Officer of the Company, hereby 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, 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 Registrant.




Dated: May 18, 2011
/s/ Robert BrooksRobert BrooksChief Executive Officer