alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

EXHIBIT 10.20

                         AMENDMENT TO SERVICE AGREEMENT

THIS AMENDMENT TO SERVICE AGREEMENT (the "Amendment"), made as of this 4th
day of November, 2003, by and between Cronos Containers Limited, a United
Kingdom corporation (the "Employer"), and John C. Kirby (the "Employee"),


                              W I T N E S S E T H:
                               - - - - - - - - - -


WHEREAS, Employer and Employee entered into a Service Agreement, dated as of
February 29, 2000, as amended on December 17, 2001 and November 5, 2002
(hereinafter, the "Service Agreement"); and

WHEREAS, pursuant to clauses 2.1 and 2.2 of the Service Agreement, Employer
agreed to employ Employee, and Employee agreed to serve in the employ of the
Employer, on an exclusive and full-time basis, as the Vice President -
Operations of Employer, through November 30, 2004, subject to earlier
termination pursuant to the provisions of the Service Agreement; and

WHEREAS, Employer and Employee desire to extend the term of the Service
Agreement;


NOW, THEREFORE, in consideration of the mutual covenants herein contained and
other good and valuable consideration, the parties hereto agree as follows:

      3. Extension of Term of Service Agreement. Employer agrees to employ the
Employee, and the Employee agrees to serve in the employ of the Employer, on an
exclusive and full-time basis, in the position identified for Employee in the
Service Agreement, subject to the supervision and direction of that person or
persons set forth in the Service Agreement, through November 30, 2005, unless
such period is sooner terminated by either party giving the other not less than
three (3) months written notice and pursuant to the provisions of clauses 13.1
or 13.3 of the Service Agreement.

      4. Continuance in Force of Service Agreement. Other than as specifically
amended hereby, the terms and provisions of the Service Agreement shall remain
in full force and effect.

                                                                              E3

<PAGE>
EXHIBIT 10.20


IN WITNESS WHEREOF, the Employer and the Employee have signed this Amendment,
effective as of the date and year first above written.

                        "EMPLOYER"

                        CRONOS CONTAINERS LIMITED

                        By /S/ PETER J YOUNGER
                          ------------------------------------

                        Its Director

                        "EMPLOYEE"


                        /s/ JOHN C KIRBY
                        --------------------------------------
                        John C. Kirby


                                                                              E4
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00612-CV

In re Derrick Wayne McDonald

ORIGINAL PROCEEDING FROM BELL COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Bob Pemberton, Justice

Before Chief Justice Law, Justices Puryear and Pemberton

Filed: October 2, 2008
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 23-20083 

Summary Calendar 

____________ 

Avivia Luciana Brown, 

Plaintiff—Appellee, 

versus

S. H. Quian, Officer; P. T. Rubio, Officer, 

Defendants—Appellants. 

______________________________ 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 4:20-CV-862 

______________________________ 

Before Wiener, Stewart, and Douglas, Circuit Judges.

Per Curiam:*

The defendants in this interlocutory appeal challenge the district 

court’s denial, in part, of their motion to dismiss Avivia Luciana Brown’s 

42 U.S.C. § 1983 complaint. In support of their appeal, the defendants 

contend that, contrary to the district court’s ruling, Brown did not allege 

facts showing that they violated her constitutional rights, they were entitled 

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

August 18, 2023 

Lyle W. Cayce 

Clerk 

Case: 23-20083 Document: 00516862919 Page: 1 Date Filed: 08/18/2023
No. 23-20083 

2 

to qualified immunity, and Brown’s claims were barred by Heck v. Humphrey, 

512 U.S. 477 (1994). We have jurisdiction to review these arguments. See

Poole v. City of Shreveport, 13 F.4th 420, 426 (5th Cir. 2021); Armstrong v. 

Ashley, 918 F.3d 419, 422 (5th Cir. 2019). 

Accepting Brown’s allegations as true and in a light most favorable to 

her, see Ramirez v. Guadarrama, 3 F.4th 129, 133 (5th Cir. 2021), the district 

court did not err in determining that Brown had stated a claim for relief under 

the Fourth Amendment and that the defendants’ alleged actions were 

objectively unreasonable in light of clearly established law, see Ramirez v. 

Martinez, 716 F.3d 369, 379 (5th Cir. 2013); Newman v. Guedry, 703 F.3d 757, 

763-64 (5th Cir. 2012); Spann v. Rainey, 987 F.2d 1110, 1112, 1115 (5th Cir. 

1993). Last, the district court correctly determined that Heck has no bearing, 

given the finding that the prosecutor dismissed the criminal charge against 

Brown before trial, and the prosecution against Brown in state court ended 

without a conviction. See Heck, 512 U.S. at 486-87. 

Accordingly, the district court’s ruling is AFFIRMED. 

Case: 23-20083 Document: 00516862919 Page: 2 Date Filed: 08/18/2023
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-3170

___________

Anthony James Moore, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* District of North Dakota.

Leann K. Bertsch, individually and as *

Director of Corrections; Timothy * [UNPUBLISHED]

Schuetzle, individually and as NDSP *

Warden; Robert Coad, individually and *

as NDSP Deputy Warden; Dr. John *

Hagan, individually and in his official *

capacity; Beth Taghorn; Ginny Althoff; *

Hope Olson; Daniel Wrolstad; David *

Krabbenhoft, individually and in their *

official capacities, *

*

Appellees. *

___________

Submitted: August 29, 2008

Filed: September 23, 2008

___________

Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.

___________

PER CURIAM.
1

The Honorable Daniel L. Hovland, Chief Judge, United States District Court

for the District of North Dakota. 

-2-

Inmate Anthony Moore appeals the district court’s1 adverse grant of summary

judgment in his 42 U.S.C. § 1983 action. Upon de novo review, see Popoalii v. Corr.

Med. Servs., 512 F.3d 488, 499 (8th Cir. 2008), we agree with the district court that

there were no trialworthy issues. Accordingly, we affirm. See 8th Cir. R. 47B. 

______________________________
State of North Carolina v. Robert Thomas Pole

No. 214P16

Supreme Court of North Carolina.

August 18, 2016

Robert Thomas Pole, for Pole, Robert Thomas.

Kimberly N. Callahan, Assistant Attorney General, Ben R. David, District Attorney, for State of North Carolina

***ORDER***

Upon consideration of the petition filed by Defendant on the 2nd of June 2016 in this matter for a writ of certiorari to review the order of the Superior Court, New Hanover County, the following order was entered and is hereby certified to the Superior Court of that County:

"Denied by order of the Court in conference, this the 18th of August 2016."

The following order has been entered on the motion filed on the 2nd of June 2016 by Defendant for the Appointment of Counsel:

"Motion Dismissed as moot by order of the Court in conference, this the 18th of August 2016."
# C_2009267EN.01006003.xml

| 7.11.2009 | EN | Official Journal of the European Union | C 267/60 |
| --- | --- | --- | --- |

7.11.2009

EN

Official Journal of the European Union

C 267/60

---

Judgment of the Court of First Instance of 23 September 2009 — France Télécom v OHIM (UNIQUE)

(Case T-396/07) (1)

1

(Community trade mark - Application for the Community word mark UNIQUE - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)

2009/C 267/106

Language of the case: French

Parties

Parties

Applicant: France Télécom (Paris, France) (represented by: B. Potot and C. Bertheux Scotte, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Defendant:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 September 2007 (Case R 585/2007-2) concerning an application for registration of the word sign UNIQUE as a Community trade mark

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | dismisses the action; |
| --- | --- |

1.

dismisses the action;

| 2. | orders France Télécom to pay the costs. |
| --- | --- |

2.

orders France Télécom to pay the costs.

---

(1)  OJ C 315, 22.12.2007.

1

---
**EXHIBIT 32.1**

 

**Section 906Certification**

** **

The followingstatement is provided by the undersigned to accompany the Quarterly Report onForm 10-Q for the quarterly period ended July 3, 2004 pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350) and shallnot be deemed filed pursuant to any provision of the Securities Exchange Act of1934 or any other securities law.

 

Each of theundersigned certifies that the foregoing Quarterly Report on Form 10-Q fullycomplies with the requirements of Section 13(a), or 15(d), as applicable,of the Securities Exchange Act of 1934 (15 U.S.C. 78m) and that the informationcontained in the Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of Sensus Metering Systems(Bermuda 2) Ltd. and Sensus Metering Systems Inc.

 
| /s/ Daniel  W. Harness |       | /s/ Peter  Mainz                                                                  |
|------------------------|------------|-----------------------------------------------------------------------------------|
| **Name:**              | ** ** | **Daniel W. Harness**                                                             | ** ** | **Name:** | ** ** | **Peter Mainz** |
| **Title:**             | ** ** | **Chief Executive Officer and President**                                         | ** ** | **Title:** | ** ** | **Chief Financial Officer** |
| **Company:**           | ** ** | **Sensus Metering Systems (Bermuda 2) Ltd.  and Sensus****Metering Systems Inc.** | ** ** | **Company:** | ** ** | **Sensus Metering Systems (Bermuda 2) Ltd.  and**  **Sensus Metering Systems  Inc.** |
| **Date:**              | ** ** | **September 7, 2004**                                                        | ** ** | **Date:** | ** ** | **September 7, 2004** |

 

----
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 R.G. Global Lifestyles, Inc., on Form 10-QSB for the period ended March 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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 operation of the Company.



Dated:  October 19, 2004





/s/ Louis L. Knickerbocker

Louis L. Knickerbocker, Chairman and Chief Executive Officer



/s/ William C. Hitchcock

William C. Hitchcock, Chief Financial Officer
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4012 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 4012

_______________________________________________________________________

                                 AN ACT

 
    To prohibit the Environmental Protection Agency from proposing, 
  finalizing, or disseminating regulations or assessments based upon 
            science that is not transparent or reproducible.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secret Science Reform Act of 2014''.

SEC. 2. DATA TRANSPARENCY.

    Section 6(b) of the Environmental Research, Development, and 
Demonstration Authorization Act of 1978 (42 U.S.C. 4363 note) is 
amended to read as follows:
    ``(b)(1) The Administrator shall not propose, finalize, or 
disseminate a covered action unless all scientific and technical 
information relied on to support such covered action is--
            ``(A) specifically identified; and
            ``(B) publicly available online in a manner that is 
        sufficient for independent analysis and substantial 
        reproduction of research results.
    ``(2) Nothing in the subsection shall be construed as requiring the 
public dissemination of information the disclosure of which is 
prohibited by law.
    ``(3) In this subsection--
            ``(A) the term `covered action' means a risk, exposure, or 
        hazard assessment, criteria document, standard, limitation, 
        regulation, regulatory impact analysis, or guidance; and
            ``(B) the term `scientific and technical information' 
        includes--
                    ``(i) materials, data, and associated protocols 
                necessary to understand, assess, and extend 
                conclusions;
                    ``(ii) computer codes and models involved in the 
                creation and analysis of such information;
                    ``(iii) recorded factual materials; and
                    ``(iv) detailed descriptions of how to access and 
                use such information.''.

            Passed the House of Representatives November 19, 2014.

            Attest:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 4012

_______________________________________________________________________

                                 AN ACT

    To prohibit the Environmental Protection Agency from proposing, 
  finalizing, or disseminating regulations or assessments based upon 
            science that is not transparent or reproducible.
```
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection with the Quarterly Report of AEI Income  &  Growth
Fund  XXI Limited Partnership (the "Partnership") on Form  10-QSB
for  the  period  ended September 30, 2005,  as  filed  with  the
Securities  and  Exchange  Commission on  the  date  hereof  (the
"Report"), the undersigned, Robert P. Johnson, President  of  AEI
Fund  Management XXI, Inc., the Managing General Partner  of  the
Partnership, and Patrick W. Keene, Chief Financial Officer of AEI
Fund  Management XXI, Inc., each certify, pursuant to  18  U.S.C.
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; and

     2.   The   information  contained  in  the   Report   fairly
          presents,  in  all  material  respects,  the  financial
          condition and results of operations of the Partnership.


                          /s/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              November 4, 2005



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XXI, Inc.
                              Managing General Partner
                              November 4, 2005
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-31018

JAMES ALLEN TERRY, JR.

Plaintiff-Appellee

v.

CORNEL H. HUBERT, Warden of Elayn Hunt Correctional Center

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Louisiana

Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges.

PER CURIAM:*

We AFFIRM the district court’s ruling and REMAND for further

proceedings, including discovery, responsive to Hubert’s claims to qualified

immunity.

United States Court of Appeals

Fifth Circuit

F I L E D

October 10, 2008

Charles R. Fulbruge III

Clerk
|                                                        |   |                              |   | CONTROL BY |   |
|-------------------------------------------------------------|--------|-----------------------------------|--------|------------|--------|
| NAME OF SUBSIDIARY                                          |   | JURISDICTION OFORGANIZATION  |   | REGISTRANT |   | SUBSIDIARY |   |
| Carl Karcher Enterprises, Inc.                              |   | California                        |   | 100%       |   |   |   |
| Hardee’s Food Systems, Inc.                           |   | North Carolina                    |   | 100%       |   |   |   |
| Flagstar Enterprises, Inc.                                  |   | Alabama                           |   |       |   | 100% |   |
| Spardee’s Realty, Inc.                                |   | Alabama                           |   |       |   | 100% |   |
| HED, Inc.                                                   |   | North Carolina                    |   |       |   | 100% |   |
| Burger Chef Systems, Inc.                                   |   | North Carolina                    |   |       |   | 100% |   |
| Hardee’s LTD, Fribourg                                |   | Switzerland                       |   |       |   | 98% |   |
| CKE REIT II, Inc.                                           |   | Delaware                          |   | 100%       |   |   |   |
| Carl’s Jr. Region VIII, Inc.                          |   | Delaware                          |   |       |   | 100% |   |
| Carl’s Jr. Media Fund                                 |   | California                        |   | 100%       |   |   |   |
| Carl’s Jr. National Production Fund    |   | California                        |   | 100%       |   |   |   |
| CKE Distribution, LLC(1)                     |   | California                        |   | 100%       |   |   |   |
| Aeroways, LLC                                               |   | California                        |   | 100%       |   |   |   |
| Santa Barbara Restaurant Group, Inc.                        |   | Delaware                          |   | 100%       |   |   |   |
| GB Franchise Corporation                                    |   | California                        |   |       |   | 100% |   |
| Channel Islands Roasting Company                            |   | California                        |   | 100%       |   |   |   |

| (1) | On February 11, 2011, we filed a Certificate of Cancellation with the State of California to dissolve CKE Distribution LLC. |
|-----|-----------------------------------------------------------------------------------------------------------------------------|
**Exhibit 32.2**

 

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

 

I, Dawn M. Jaffray,hereby certify, pursuant to 18 U.S.C § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, in my capacity as an officer of Westaff, Inc.(the “Company”), that, to the best of my knowledge;

 

(1)                                  The QuarterlyReport of the Company on Form 10-Q for the period ended January 26,2008 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

(2)                                  The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 
| Date:   March 11, 2008 |
|--------------------------------------------|

 
| By:                                                 | /s/ Dawn M. Jaffray |   |
|-----------------------------------------------------|---------------------|--------|
| Dawn M. Jaffray                                     |                |
| *Senior Vice President and Chief Financial Officer* |                |

 

Asigned original of this written statement required by § 906 has been providedto Westaff, Inc. and will be retained by Westaff, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6965

KEVIN MAURICE THOMPSON,

Petitioner - Appellant,

v.

LORETTA KELLY, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. James C. Cacheris, Senior

District Judge. (1:08-cv-00087-JCC-TCB)

Submitted: September 11, 2008 Decided: September 17, 2008

Before WILKINSON and NIEMEYER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kevin Maurice Thompson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kevin Maurice Thompson seeks to appeal the district

court’s order denying relief on his 28 U.S.C. § 2254 (2000)

petition. The order is not appealable unless a circuit justice or

judge issues a certificate of appealability. See 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

absent “a substantial showing of the denial of a constitutional

right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

any assessment of the constitutional claims by the district court

is debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. See Miller-El v.

Cockrell, 537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S.

473, 484 (2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001).

We have independently reviewed the record and conclude that

Thompson has not made the requisite showing. Accordingly, we deny

a certificate of appealability and dismiss the appeal. 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. 

DISMISSED
**EXHIBIT
      32.2**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350**





In
      connection with the accompanying quarterly report on Form 10-Q of SouthCrest
      Financial Group, Inc. (the “ Company ”)
      for
      the quarter ended March 31, 2006 (the “ Periodic
      Report ”),
      the
      undersigned Chief Executive Officer of the Company, hereby certifies pursuant
      to
      Title 18, Section 1350 United States Code, as adopted pursuant to Section 906
      of
      the Sarbanes-Oxley Act of 2002, to the best of his individual knowledge and
      belief, that the Periodic Report fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information
      contained in the Periodic Report fairly presents, in all material respects,
      the
      financial condition and results of operations of the Company.





Dated:
      May 15, 2006




/s/
                Douglas J. HerthaDouglas
                J. HerthaChief
                Financial Officer