alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Syed K. RAFI, Appellant v. Kathleen SEBELIUS, Secretary, United States Department of Health and Human Services, Appellee.

No. 08-5384.

United States Court of Appeals, District of Columbia Circuit.

May 24, 2010.

Rehearing En Banc Denied Aug. 13, 2010.

*25Syed K. Rafi, Dorchester, MA, pro se.

Wyneva Johnson, Assistant U.S. Attorney, Robert Craig Lawrence, U.S. Attorney’s Office, Washington, DC, for Appel-lee.

Before: SENTELLE, Chief Judge, GARLAND and KAVANAUGH, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal from a judgment of the United States District Court for the District of Columbia was presented to the court and briefed and argued by counsel. The court has accorded the issues full consideration and has determined that they do not warrant a published opinion. *See*D.C.Cir. Rule 36(d). It is

ORDERED and ADJUDGED that the judgment of the district court be affirmed.

The National Institutes of Health (NIH) failed to hire appellant Syed Rafi for twelve positions for which he applied between 1993 and 1998. Rafi alleges that the failures to hire constituted discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e *et seq.,*and the Age Discrimination in Employment Act, 29 U.S.C. §§ 621*et seq.*We affirm the district court’s dismissal of Rafi’s claims as to ten of the positions on the ground that he failed to exhaust his administrative remedies in a timely fashion. Rafi did not contact an NIH counselor until February 10, 1998— long after the 45-day deadline. *See*29 C.F.R. § 1614.105(a). He contends that he did not realize he had been discriminated against until he received a letter from NIH on January 23, 1998, and that accordingly, he “did not know and reasonably should not have ... known that the discriminatory matter or personnel action occurred” until that date. *Id.*§ 1614.105(a)(2). But the district court correctly concluded that there was no material difference between the January 1998 letter and a letter that Rafi received on July 21,1997.

We affirm the district court’s decision to direct a verdict as to the remaining two claims. Raff offered no evidence at trial from which a reasonable jury could have concluded that the NIH was actually “seeking applicants” for the two positions he sought, *McDonnell Douglas Corp. v. Green,*411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), a required component of the case because the absence of an available position is one of the “most common nondiscriminatory reasons for [a] plaintiffs rejection,” *Tex. Dep’t of Cmty. Affairs v. Burdine,*450 U.S. 248, 254, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). Finally, we find no abuse of discretion in the district court’s response to Rafi’s requests for discovery.

The Clerk is directed to withhold the issuance of the mandate herein until seven days after the disposition of any timely petition for rehearing. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41(a)(1).
Exhibit 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350 In connection with the accompanying Quarterly Report On Form 10-QSB of Venturevest 2, Inc. (the "Company") for the quarter ending December 31, 2007, I, Joseph J. Passalaqua, Chief Executive Officer of the Company hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: 1. Such Quarterly Report on Form 10-QSB for the quarter ending December 31, 2007, 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 such Quarterly Report on Form 10-QSB for the quarter ending December 31, 2007, fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated:  February 11, 2008 VENTUREVEST 2, INC. By: /s/ Joseph J. Passalaqua Joseph J. Passalaqua  Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350 In connection with the accompanying Quarterly Report On Form 10-QSB of Venturevest 2, Inc. (the "Company") for the quarter ending December 31, 2007, I, Joseph J. Passalaqua, Chief Financial Officer of the Company hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that: 1. Such Quarterly Report on Form 10-QSB for the quarter ending December 31, 2007, 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 such Quarterly Report on Form 10-QSB for the quarter ending December 31, 2007, fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated:  February 11, 2008 VENTUREVEST 2, INC. By: /s/ Joseph J. Passalaqua Joseph J. Passalaqua
EXHIBIT 32.1








CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002














In connection with the Quarterly Report of First Guaranty Bancshares, Inc. (the “Company”) on Form 10-Q as of and for the quarter ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Alton B. Lewis, Chief Executive Officer of the Company, certify that to the best of my 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.













/s/ Alton B. Lewis


Alton B. Lewis


Chief Executive Officer


August 13, 2010
### NUM BER 13-0 8-00 671- CV 

## COURT OF A PP EA LS T H I R T E E N T H D I S T R I C T O F T E X AS CORPUS CHRI ST I -E DI NBURG

____ ____ ____ ____ ____ ____ ____ ____ _______ ____ ____ ____ ____ _ RIC HA RD A LL EN KR EST , A pp ellan t,
v . M ILD RED R ENE E K RES T, A pp ellee.

____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ _______ ____ _ On ap pe al f rom th e 9 4th D istrict Co urt of N ue ces Co un ty , T exas .

____ ____ ____ ____ ____ ____ ____ ____ ____ _______ ____ ____ ____ _ 

## ME MOR A N D U M OP I N I ON Be fo re Ju stice s R od rigu ez, Garza, a nd Ve la M emo rand um Opin ion Pe r Cu riam Appel lan t, Ri chard Al len Krest , per fected an appeal from a jud g ment ent ered by the 94th Di str ict C our

t of NuecesC ounty , Tex as, i n c ause number 07- 6611- C. Ap pel lan t has filed a motion to dis mis s the app eal on g ro unds that the p arti es hav e reache d a medi ated settle me nt agreem ent . Appe llant requests th at th is Court dismiss the app eal.2

Th e C o u rt , hav ing co nsi dered th e doc uments on fil e and appel lan t’ s mot ion to dis mis s t he appe al, i s o f the opi nio n tha t t he moti on s houl d be g ra nted. SeeT EX
. R. A PP
. P. 42 .1(a). App ellant ’s m otion t o dism iss is grant ed, and the ap pea l is here by DISMISSE D. Cos ts w il l be taxed ag ain st appel lan t. SeeT EX
. R. A PP
. P. 42.1( d) ( "Abse nt ag re ement of the p arti es, the cour

t w il l tax cos ts ag ain st the appel lan t.")

. Hav ing dis mis sed the a ppeal at ap pellan t’s request, no mot ion for rehea rin g wil l be ent ertain ed, and our ma nda te w ill is sue forthw it h. P E RC U R I A M Me moran dum Opi nio n del iv ered and filed thi s t he 5t h day

of Ma rc h, 20 09.
Exhibit 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER UNDER 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Jerry Collazo, the Chief Financial Officer of Orange 21 Inc. (the
Company), certify for the purposes of Section 1350 of Chapter 63 of Title 18 of the United States Code that, to my knowledge,

(i) the Annual Report of the Company on Form 10-K for the year ended December 31, 2008 (the Report), 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 Report fairly presents, in all material respects, the financial condition and results of operations
of the Company.

Date: April 15, 2009

By:

/s/ Jerry CollazoJerry CollazoChief Financial Officer(Principal Financial Officer)
# Third District Court of Appeal
State of Florida
Opinion filed November 4, 2020

.

________________ No. 3D20

- 1103 Lower Tribunal No. 20

- 322

________________ 

### Citizens Property Insurance Corporation , Appellant,

vs. 

### Carlyle Towers Inc. , Appellee. An Appeal fr om a non
- final order from the Circuit Court for Miami

- Dade County, Veronica A. Diaz , Judge. Paul R. Pearcy, P.A., and Maureen G. Pearcy , for appellant. Kula & Associates, P.A., and Elliot B. Kula, W. Aaron Daniel, and William D. Mueller ; Ramon, Rodriguez & Blanco

- Herrera, LLP, and Daniel J. Rodriguez , for appellee.

Before FERNANDEZ, LOGUE, and LOBREE , JJ.

ON CONFESSION OF ERROR
PER CURIAM.2 In this first

- party insurance dispute over property damage, Citizens Property Insurance Corporation appeals the trial court’s order granting Carlyle Towers , Inc.’s motion for stay and to compel appraisal. Based upon Appellee’s commendable
confession of err or and a review of the subject insurance policy, we reverse and remand for further proceedings

. See Citizens Prop. Ins. Corp. v. Zunjic , 126 So. 3d 355, 356 (Fla. 3d DCA 2013); Citizens Prop. Ins. Corp. v. Casar , 104 So. 3d 384, 385 (Fla. 3d DCA 2013).
Rev ersed and remanded.
THE AT~V~RNEY GENERAL 

OF-mXAS 

The Honorable Bob Bullock 

Comptroller of Public Accounts 

State Finance Building 

Austin, Texas 

Opinion No. H-710 

Re: Propriety of allocation of 

stock and bond sales fees of a 

broker between Texas and other 

states for franchise tax purposes. 

Dear Mr. Bullock: 

You have requested our opinion concerning the franchise tax allocation of 

receipts of an incorporated stock broker received from Texas clients. You have 

asked what percentage of these receipts should be allocated as “business done in 

Texas” under the provisions of article 12. 02, Taxation-General. 

You have advised us that the taxpayer, a Delaware corporation, classifies 

only 60% of its commissions on New York Stock Exchange transactions for the 

account of Texas clients and 50% of its receipts from the sale or purchase of 

bonds for such clients as “receipts from its business done in Texas. ” Although 

all commissions were paid and received at its Texas office, the taxpayer utilizes 

these percentages because the State of New York reportedly considers the remaining percentages to be allocable to New York for franchise tax purposes. 

Article 12. 02 (l)(b) provides that the term “gross receipts from . . . business 

done in Texas” includes: 

(ii) Services performed within Texas; . . 

. . . 

(iv) All other business receipts within Texas . . . . 

In certain cases intangibles may be included within the definition of other business 

receipts, and as such would be allocated on the basis of the Ilocation of payor” 

Humble Oil & Refining Co. v. Calverts414 S. W. 2d 172 (Tex. Sup. 1967). 

p. 3060 
The Honorable Bob Bullock - page two(H-710) 

In our view, brokers’ commissions as a general matter constitute receipts 

for services, although in a particular fact situation some receipts may arise 

from intangibles. Ske Gus; v. Schneider, Bernet & Hickman, Inc., 341 S. W. 

2d 461 (Tex. Civ. AK -- Waco 1960, writ ref’d. n. r. e., 344 S. W.2d 429); 

Brownev. King, 196 S.W. 884(Tex.Civ.App. -- San Antonio 1917, aff’d, 235 S. 

W. 522 ); 73 C. J. S. Property $9. Thus,ordinarily the allocation of receipts from 

commissions should be on the basis of the percentage of services performed in 

Texas in particular transactions. Cf. Attorney General Opinion H-281 (1974). The 

selection of a proper percentage woxd necessarily involve factual determinations; 

hence we are unable to say as a matter of law whether the taxpayer’s claimed 

percentages are correct. Article 12. 12, Taxation-General, provides ample investigatory authority to the Comptroller to facilitate such determinations. The 

Comptroller is certainly not bound by New York’s determination. 

SUMMARY 

As a general matter, commissions of a 

stock broker should be allocated on the basis 

of the percentage of services performed in Texas. 

The Comptroller is authorized to investigate and 

determine the proper percentage. 

Attorney General of Texas 

OBERT HEATH. Chairman 

Opinion Committee . 

p. 3061
Exhibit 31.1

CERTIFICATION UNDER

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Fred C. Boethling, certify that:

1.
        I have reviewed this Amendment No. 2 to quarterly report on Form 10-QSB/A of CapSource Financial, Inc.;


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


3.
        Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;


4.
        The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:


a)
        designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this quarterly report is being prepared;


b)
        evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this quarterly report based on such evaluation; and


c)
        disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting;


5.
        We have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):


a)
        all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial data; and


b)
        any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants control over financial reporting.




DATE:   July 25, 2007
        
        By:
        /s/ Fred C. BoethlingName:   Fred C. BoethlingChief Executive Officer










---
#### UNITED STATES of America, Plaintiff-Appellee, v. Willie Terrell WILLS, a.k.a. Head, Defendant-Appellant.

No. 08-14498

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Oct. 7, 2010.

Michael Jay Upton, Tuscaloosa, AL, for Defendant-Appellant.

Ramona C. Albin, U.S. Attorney’s Office ND/AL, Henry Cornelius, Birmingham, AL, for Plaintiff-Appellee.

*513Before CARNES, BARKETT and MARCUS, Circuit Judges.

PER CURIAM:

Willie Terrell Wills appeals his 120-month total sentence for two counts of distribution of cocaine base, and one count of possession of a firearm by a convicted felon. Wills argues on appeal that the district court relied on impermissible factors in determining his sentences. Specifically, Wills challenges the district court’s consideration of the facts that he was never married but fathered three children, and contested the paternity of two of his children when the mother sought child support as evidence of Wills’s character. Wills raised no objection regarding this matter in the district court.

We have not previously addressed whether a district court’s consideration of out-of-wedlock children, or paternity challenges by a defendant, are impermissible sentencing factors under 18 U.S.C. §§ 3661 and 3553(a). Assuming that Wills’s claim of error is correct, however, he has not demonstrated plain error here because the district court also relied on Wills’s extensive criminal history. The court stated that Wills’s extensive criminal history reflected “a blatant disregard for the law over a relatively short period of years,” noting a series of Wills’s drug arrests, most of which were committed while Wills was out on bond awaiting adjudication for a prior charged offense. The district court also noted that Wills was on probation for five separate convictions at the time he committed the offense of conviction for which he was being sentenced. Finally, the district court considered that, with respect to the offense of conviction, Wills led police on a high-speed chase in a residential area where pedestrians were present, and, in fact, caused a head-on collision between his vehicle and one driven by an innocent third party.

The court stated that the above uncontested facts were sentencing factors he could take into account under § 3553(a) because they were historical facts that revealed a great deal about Wills’s attitude towards the law, personal accountability, and responsibility for his actions, as well as the seriousness of this offense and that the sentence took into account deterrence to criminal conduct by Wills and protecting the public from further crimes by Wills. Wills has not demonstrated any reasonable chance that he would have been sentenced differently had the district court not considered the allegedly impermissible paternity issues.

AFFIRMED.
Exhibit (i)(4)

**CONSENT OF SHEARMAN & STERLING LLP**

We hereby consent to the use of our opinion of counsel regarding the Fidelity AggressiveInternational Fund, Fidelity Canada Fund, Fidelity China Region Fund, Fidelity DiversifiedInternational Fund, Fidelity Emerging Markets Fund, Fidelity Europe Fund, Fidelity EuropeCapital Appreciation Fund, Fidelity Global Balanced Fund, Fidelity International Small CapFund, Fidelity Japan Fund, Fidelity Japan Smaller Companies Fund, Fidelity Latin AmericaFund, Fidelity Nordic Fund, Fidelity Overseas Fund, Fidelity Pacific Basin Fund, FidelitySoutheast Asia Fund and Fidelity Worldwide Fund series of Fidelity Investment Trust (the"Trust"), filed as part of this Post-Effective Amendment No. 93 to the Trust's RegistrationStatement on Form N-1A (File Nos. 002-90649 and 811-04008) and incorporated byreference to Exhibit (i) to Post-Effective Amendment No. 88 to the Registration Statement,and to the use of our opinion of counsel regarding the Fidelity International Discovery Fundseries of the Trust, as filed as part of this Post-Effective Amendment No. 93 to the Trust'sRegistration Statement on Form N1-A (File Nos. 002-90649 and 800-4008) andincorporated by reference to Exhibit (i)(3) to Post-Effective Amendment No. 90 to theRegistration Statement, and to the use of our opinion of counsel regarding the FidelityInternational Small Cap Opportunities Fund series of the Trust, filed as part of thisPost-Effective Amendment No. 93 to the Trust's Registration Statement on Form N-1A (FileNos. 002-90649 and 811-04008) and incorporated by reference to Exhibit (i)(4) toPost-Effective Amendment No. 92 to the Registration Statement.

/s/Shearman & Sterling LLP
##### 



EXHIBIT 13.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  
    
    the Annual Report of the Company on Form 20-F for the fiscal year ended March 31,
2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and
    
    the information contained in such report fairly presents, in all material respects,
the financial condition and results of operation of the Company.
 Dated: July 6, 2007/s/ Louis GriesLouis GriesChief Executive Officer/s/ Russell ChenuRussell ChenuChief Financial Officer
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





The undersigned,James Cates, the
Chief Executive Officer ofMIKOJO
INCORPORATED(the “Company”), DOES
HEREBY CERTIFY that:





1.  The Company's Quarterly Report on
Form 10-Q for the quarter endedDecember 31, 2009 (the “Report”), fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934; and





2.  Information contained in the Report fairly
presents, in all material respects, the financial condition and results of operation of the Company.





IN WITNESS WHEREOF, each of the undersigned has executed
this statement this11thday ofFebruary,
2010.





/s/James
      CatesJames CatesChief ExecutiveOfficer





A signed original of this written statement required by
Section 906 has been provided toMIKOJO
INCORPORATEDand will be retained byMIKOJO INCORPORATEDand furnished to the Securities and Exchange Commission
or its staff upon request.
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549



---

FORM 8-K

---



CURRENT REPORT



PURSUANT TO SECTION 13 OR 15(d) OF

THE SECURITIES EXCHANGE ACT OF 1934



Date of Report: December 26, 2006

(date of earliest event reported)



---

VASCULAR SOLUTIONS, INC.

(Exact name of registrant as specified in its charter)



Commission File Number: 0-27605



Minnesota
        41-1859679(State or other jurisdiction of incorporation)
        (IRS Employer Identification No.)




6464 Sycamore Court

Minneapolis, Minnesota 55369

(Address of principal executive offices)



(763) 656-4300

(Registrants telephone number, including area code)



Not Applicable

(Former name or former address, if changed since last report)

---

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:



oWritten communications pursuant to Rule 425 under Securities Act (17 CFR 230.425)

oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





---



Item 7.01.Regulation FD Disclosure



On December 26, 2006, Vascular Solutions, Inc. announced that it had received approval from the U.S. Food and Drug Administration (FDA) for its PMA Supplement for the added indication for the use of the D-Stat® Flowable hemostat for the reduction in the incidence of clinically significant hematomas in the implantation of a pulse generator (pacemaker or ICD) in anticoagulated patients. A copy of the press release is furnished as Exhibit 99.1 to this Report.



SIGNATURE



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





VASCULAR SOLUTIONS, INC.Date:  December 28, 2006
        
        By:
        /s/ James HennenJames HennenChief Financial Officer


---

EXHIBIT INDEX





Exhibit No.
        
        Description99.1
        
        Press Release dated December 26, 2006, of Vascular Solutions, Inc.


---