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that this opinion should not be published and is not precedent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. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-50565

Summary Calendar

SALLY BARNES,

Plaintiff-Appellant,

versus

JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court

for the Western District of Texas

(SA-01-CV-613)

- - - - - - - - - - January 2, 2003

Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: *

Plaintiff-Appellant Sally Barnes appeals the district court’s

affirmance of the Social Security Commissioner’s decision to deny

her disability insurance benefits under the Social Security Act.

Barnes contends tha t the Commissioner’s decision was not

supported by “substantial evidence”; specifically, that the

Administrative La w Judge (“ALJ”) erred in determining that her

impairments did not meet or equal the listing at 11.14, 20 C.F.R.,

Appendix 1, Subpart P, Regulations No. 4 (Pt. 404), for “peripheral

neuropathies.” That listing requires a showing of “[s]ignificant2

and persistent disorganizati on of motor function in two

extremities.” The isolated reference by one treating physician to

the need for surgery for cubital tunnel syndrome in “both arms” was

not sufficient to show the severity required by the regulation for

Barnes’s right arm and hand. Barnes failed to sustain her burden

of proof with respect to this step of the Commissioner’s five-step

sequential analysis. S ee Sullivan v. Zebley

, 493 U.S. 521, 531-32

(1993); McQueen v. Apfel , 168 F.3d 152, 154 (5th Cir. 1999).

For the first tim e on appeal, Barnes conclusionally asserts

that the ALJ failed t o address, at the fifth step of sequential

analysis, whether she could maintain “proffered alternative

employment.” We do not ordinarily review issues raised for the

first time on appeal. C hambliss v. Massa nari , 269 F.2d 520, 523

(5th Cir. 2001). “In exceptional circumstances, we may, in the

interests of the justice, review an issue that wa s not raised in

the district court.” Kinash v. Callahan , 129 F.3d 736, 738 n.10

(5th Cir. 1997). Barnes has not established “exceptional

circumstances”; indeed, she has not even countered the alternative

jobs proffered by the vocational expert with proof that she cannot

in fact perform or maintain such jobs. S ee Boyd v. Apfel

, 239 F.3d

698, 705 (5th Cir. 2001).

The decision of the district court is

AFFIRMED.
Case 1:07-cv-03243-WHP-HBP Document 24 Filed 02/06/2008 Page 1 of 2
Case 1:07-cv-03243-WHP-HBP Document 24 Filed 02/06/2008 Page 2 of 2
#### WRIGHT v. MEMORIAL HOSPITAL

No. 225 PC.

Case below: 30 N.C. App. 91.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 1 September 1976.
Case 7:07-cv-03302-KMK-LMS Document 66-20 Filed 10/04/2007 Page 1 of 2
Case 7:07-cv-03302-KMK-LMS Document 66-20 Filed 10/04/2007 Page 2 of 2
**Exhibit 31.2**
**Certifications**
I, Douglas J. Nesbit, certify that:
1. I have reviewed this Annual Report on Form 10-K of HEI, Inc.; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 (a) Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made knownto us by others within those entities, particularly during theperiod in which this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on suchevaluation; and  (c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’sboard of directors (or persons performing the equivalent functions):
 (a) All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.      Douglas J. Nesbit
**Exhibit 8.1**

**SUBSIDIARIES**

Advanced Semiconductor Materials (Netherlands Antilles) N.V. 

ASM Pacific Technology Limited (subsidiary of Advanced Semiconductor Materials (Netherlands Antilles) N.V. 

ASM Assembly Automation Limited (subsidiary of ASM Pacific Technology Limited) 

ASM Assembly Materials Limited (subsidiaryof ASM Pacific Technology Limited) 

ASM Assembly Products B.V. (subsidiary of ASM Pacific Technology Limited) 

ASM Assembly Technology Co. Limited (subsidiary of ASM Pacific Technology Limited) 

ASM Pacific Assembly Products Inc. (subsidiary of ASM Pacific Technology Limited) 

ASM Pacific International Marketing Limited (subsidiary of ASMPacific Technology Limited) 

ASM Pacific Investments Limited (subsidiary of ASM Pacific Technology Limited) 

ASM Pacific KOR Limited (subsidiary of ASM Pacific Technology Limited) 

ASMAssembly Equipment Bangkok Limited (subsidiary of ASM Pacific Technology Limited) 

ASM Semiconductor Materials (Shenzhen) Co. Limited (subsidiary of ASMPacific Technology Limited) 

ASM Technology Singapore Pte. Limited (subsidiary of ASM Pacific Technology Limited) 

ASM Technology (M) Sdn. Bhd. (subsidiary of ASM Pacific Technology Limited) 

Capital Equipment Distribution Limited (subsidiary of ASM Pacific Technology Limited) 

Shenzhen ASM Micro Electronic Technology Co. Limited(subsidiary of ASM Pacific Technology Limited) 

Shenzhen ASM Precision Machinery Manufactory Limited (subsidiary of ASM Pacific Technology Limited)

ASM Assembly Equipment (M) Sdn. Bhd. (subsidiary of ASM Pacific Technology Limited) 

ASM Assembly Equipment Trading (Shanghai) Co. Limited (subsidiary of ASM Pacific Technology Limited) 

ASM Pacific (Bermuda)Limited (subsidiary of ASM Pacific Technology Limited) 

ASM Asia Limited (subsidiary of ASM Pacific Technology Limited) 

Edgeward Development Limited (subsidiary of ASM Pacific Technology Limited) 

Edgeward USA L.L.C. (subsidiary of ASM Pacific Technology Limited) 

ASM America, Inc. 

ASM Front-End Manufacturing Singapore Pte Limited

ASM Japan K.K. 

ASM Microchemistry Oy 

NanoPhotonics AG 

ASM NuTool, Inc. 

ASM Genitech Korea Ltd 

ASM Europe B.V. 

ASM France S.A.R.L. (subsidiary of ASM Europe B.V.) 

ASM Belgium N.V.(subsidiary of ASM Europe B.V.) 

ASM United Kingdom Sales B.V. (subsidiary of ASM Europe B.V.) 

ASM Germany Sales B.V. (subsidiary of ASM Europe B.V.) 

ASM Italia S.r.l.(subsidiary of ASM Europe B.V.) 

ASM Services and Support Ireland Ltd. (subsidiary of ASM Europe B.V.) 

ASM Services and Support Israel Ltd. (subsidiary of ASM Europe B.V.) 

ASMChina Limited 

ASM Wafer Process Equipment Limited 

ASM WaferProcess Equipment Singapore Pte Limited 

ASM Far East Marketing Limited (subsidiary of ASM Wafer Process Equipment Limited) 

ASM Front-End Sales & Services Taiwan Co., Ltd.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 07-6574
WYNN H. SHELDON, Plaintiff - Appellant, versus HARRY G. LAPPIN, Director; B. A. BLEDSOE, Warden/Regional Director; K. M. WHITE; J. JONES; STRICKLAND; HILL; SHULTS, Acting Captain; CAPTAIN WILLIAMS; LIEUTENANT TREES; LIEUTENANT GRAPPERHAUS; LIEUTENANT PITT; LIEUTENANT ALLEN; DOCTOR DEJESUS; DOCTOR RAMIREZ; DOCTOR ELLIS; IRWIN FISH, Physician Assistant; D. ROTH, Physician Assistant; P. HERRELL, R.N.; D. DUNCAN, R.N.; T. HORNSBY, R.N., Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:06-cv-00049) Submitted: August 23, 2007 Decided: August 29, 2007 Before WILLIAMS, Chief Judge, and WILKINS and HAMILTON, Senior Circuit Judges. Affirmed by unpublished per curiam opinion. Wynn H. Sheldon, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellees.- 2 - Unpublished opinions are not binding precedent in this circuit.- 3 - PER CURIAM: Wynn H. Sheldon appeals the district court’s order denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Sheldon v. Lappin , No. 7:06-cv-00049 (W.D. Va. Mar. 15, 2007). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
<PAGE>


Exhibit 24

                            CONSENT OF INDEPENDENT AUDITORS


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (Nos. 2-80041, 2-94701, 33-2517, 33-12762, 33-12763,
33-38145, 33-44693, 33-50598, 33-55092, 33-72160, 333-10553, 333-42163,
333-75269 and 333-64822) of Intermagnetics General Corporation of our report
dated July 17, 2001 relating to the financial statements and financial statement
schedule, which appear in this Form 10-K.



 /s/  PricewaterhouseCoopers LLP

Albany, New York
July 17, 2001




                                       71
Case 7:07-cv-03302-KMK-LMS Document 46-13 Filed 07/13/2007 Page 1 of 2
Case 7:07-cv-03302-KMK-LMS Document 46-13 Filed 07/13/2007 Page 2 of 2
EXHIBIT Q

Case 7:07-cv-03302-KMK-LMS Document 66-18 Filed 10/04/2007 Page 1 of 2
Exhibit Q to be filed under seal.

Case 7:07-cv-03302-KMK-LMS Document 66-18 Filed 10/04/2007 Page 2 of 2
#### STATE v. CROWE

No. 120 PC.

Case below: 25 N.C. App. 420. .

Petition for writ of certiorari to North Carolina Court of Appeals denied 26 June 1975.
<PAGE>

                                                                      EXHIBIT 11

                 Statement re computation of per share earnings

BASIC EARNINGS PER SHARE                                      SHARES
------------------------                                      ------
Basic shares outstanding at December 31, 1997                1,942,048

  Net profit after tax           $ 716,155      =      $0.37 per share
  --------------------           ----------
  Basic shares outstanding       1,942,048


DILUTED EARNINGS PER SHARE                                    SHARES
--------------------------                                    ------

Basic shares outstanding at December 31, 1997                 1,942,048
Stock Options-common stock equivalents                           42,810
                                                             -----------
Diluted shares outstanding at December 31, 1997               1,984,858

  Net profit after tax           $716,155     =        $0.36 per share
  --------------------           ----------
  Diluted shares outstanding     1,984,858
[Federal Register Volume 70, Number 222 (Friday, November 18, 2005)]
[Notices]
[Page 69965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22885]


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

DEPARTMENT OF ENERGY


Environmental Management Site-Specific Advisory Board, Rocky 
Flats

AGENCY: Department of Energy.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the Environmental 
Management Site-Specific Advisory Board (EMSSAB), Rocky Flats. The 
Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) 
requires that public notice of this meeting be announced in the Federal 
Register.

DATES: Thursday, December 1, 2005. 6 p.m. to 9 p.m.

ADDRESSES: College Hill Library, Room L-268, Front Range Community 
College, 3705 W. 112th Avenue, Westminster, Colorado.

FOR FURTHER INFORMATION CONTACT: Ken Korkia, Executive Director, Rocky 
Flats Citizens Advisory Board, 12101 Airport Way, Unit B, Broomfield, 
CO, 80021; telephone (303) 966-7855; fax (303) 966-7856.

SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the 
Board is to make recommendations to DOE in the areas of environmental 
restoration, waste management, and related activities.
    Tentative Agenda:
    1. Discussion of the Rocky Flats Remedial Investigation/Feasibility 
Study document.
    2. Discussion of long-term surveillance and maintenance needs for 
Rocky Flats.
    3. Other Board business may be conducted as necessary.
    Public Participation: The meeting is open to the public. Written 
statements may be filed with the Board either before or after the 
meeting. Individuals who wish to make oral statements pertaining to 
agenda items should contact Ken Korkia at the address or telephone 
number listed above. Requests must be received at least five days prior 
to the meeting and reasonable provisions will be made to include the 
presentation in the agenda. The Deputy Designated Federal Officer is 
empowered to conduct the meeting in a fashion that will facilitate the 
orderly conduct of business. Individuals wishing to make public comment 
will be provided a maximum of five minutes to present their comments. 
This notice is being published less than 15 days before the date of the 
meeting due to programmatic issues.
    Minutes: The minutes of this meeting will be available for public 
review and copying at the office of the Rocky Flats Citizens Advisory 
Board, 12101 Airport Way, Unit B, Broomfield, CO, 80021; telephone 
(303) 966-7855. Hours of operations are 7:30 a.m. to 4 p.m., Monday 
through Friday. Minutes will also be made available by writing or 
calling Ken Korkia at the address or telephone number listed above. 
Board meeting minutes are posted on RFCAB's Web site within one month 
following each meeting at: http://www.rfcab.org/Minutes.html.

    Issued at Washington, DC, on November 14, 2005.
Carol Matthews,
Acting Advisory Committee Management Officer.
[FR Doc. 05-22885 Filed 11-17-05; 8:45 am]
BILLING CODE 6450-01-P
#### Minnie Wolfson, Respondent, *v.*American Druggists Syndicate et al., Appellants.

*Wolfson*v. *American Druggists Syndicate,*171 App. Div. 947, affirmed.

(Argued October 23, 1918;

decided November 12, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 30, 1915, affirming a judgment in favor of plaintiff entered upon a verdict. The American Druggists Syndicate issued to Thomas Troy, a marshal of the city of New York, out of the Municipal Court of the city of New York, borough of Queens, an execution upon a judgment obtained in said court by the American Druggists Syndicate against Joseph Wolfson for merchandise sold him. When the marshal made his levy he was informed that the drug store and its contents did not belong to Joseph Wolfson, but to his ydfe, Minnie Wolfson; that she was conducting the business as its proprietor, and that a bill of sale had been made by Joseph Wolfson to her on September 12, 1910, which had been filed in the office of the register of the county of New York on September 13, 1910. The American Druggists Syndicate, having indemnified the marshal, instructed him to proceed under the execution. This he did, and the goods in the store were sold. This action was brought by the plaintiff against the defendants to recover damages for an alleged trespass, the trespass of the defendant Thomas Troy being alleged to have consisted in breaking up the plaintiff’s business, and removing her goods, and that of the American Druggists Syndicate in having authorized and ratified the acts of the marshal.

*John C. Tomlinson*for appellants,

*Wales F. Severance*for respondent.

Judgment affirmed, with costs; no opinion.

Concur :■ His cock, Ch. J., Chase, Collin, Cuddeback and Hogan, JJ. Not sitting: McLaughlin, J. Absent: Crane, J.
#### KING v. FORSYTH COUNTY

No. 130 PC.

Case below: 45 N.C. App. 467.

Petition by defendants for discretionary review under G.S. 7A-31 denied 3 June 1980.
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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 Form 10-Q of Koss Corporation (the Company) for the
quarter ended December 31, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Michael J. Koss, Chief
Executive Officer and Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Report fully complies with the
requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act
of 1934, as amended, and the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company. /s/ Michael J. KossMichael J. KossChief Executive Officer andChief Financial OfficerDate: November 17, 2004
 Note: This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed, except to the extent
required by the Sarbanes-Oxley Act of 2002, by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended. 21 of 21
Case 1:06-cv-15009-AKH Document 5 Filed 12/08/2006 Page 1 of 1
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