alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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. 96-20560

Conference Calendar

 

EUGENIO L. RODRIGUEZ,

Plaintiff-Appellant,

versus

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, 

INSTITUTIONAL DIVISION; EVANS, Sgt.,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA H 94-2933

- - - - - - - - - -

October 21, 1997

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.

PER CURIAM:*

Eugenio L. Rodriguez, Texas prisoner # 382692, appeals the

dismissal of his 42 U.S.C. § 1983 complaint, in which he alleged

that he had been denied adequate medical care. Rodriguez argues

that the district court erred when it entered into an agreement

with the Unit Warden, without his knowledge or consent, and that
No. 96-20560

- 2 -

the court did not allow him to present evidence in support of his

claims. 

 Allegations made at a hearing conducted pursuant to Spears

v. McCotter, 766 F.2d 179 (5th Cir. 1985), supersede the

allegations contained in the complaint. Riley v. Collins, 828

F.2d 306, 307 (5th Cir. 1987). Rodriguez did not raise at the

Spears hearing the claims in his original complaint about the

treatment he had received after his back surgery. Rodriguez

instead described his inability to get medical treatment for his

leg, and he stated that he was seeking only treatment for his

leg. The district court granted Rodriguez the relief that he had

requested. Accordingly, the district court committed no error,

and its judgment is AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute on Aging Special Emphasis Panel, Age, Gene-Environment Susceptibility—The Rejjavik Study II (Ages—RSII).                    

*Date:*                         February 13, 2007                    

*Time:*                         9 a.m. to 10 p.m.                     

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         National Institute on Aging, Gateway Building, 7201 Wisconsin Avenue, 2C212, Bethesda, MD 20814, (Telephone Conference Call).                    

*Contact Person:*                         Alicja L. Markowska, PhD., DSC National Institute on Aging, National Institutes of Health, 7201 Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301-496-9666,                         *markowsa@nia.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institues of Health, HHS)

Dated: February 9, 2007.

Anna Snouffer,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-766 Filed 2-20-07; 8:45 am]

BILLING CODE 4140-01-M
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 1 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 2 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 3 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 4 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 5 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 6 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 7 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 8 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 9 of 10
Case 3:10-cv-00294-RV -MD Document 1 Filed 08/12/10 Page 10 of 10
Exhibit 10.10



 Exhibit 10.10 

AMENDMENT NO. ONE 
 TO
THE 
 KEWAUNEE SCIENTIFIC CORPORATION 

401 PLUS EXECUTIVE DEFERRED COMPENSATION PLAN 

THIS AMENDMENT made and executed the 27th day of August, 2014, by Kewaunee Scientific Corporation. (the “Corporation”); 

W I T N E S S E T H 

WHEREAS, the Corporation has entered into the Kewaunee Scientific Corporation 401 Plus Executive Deferred Compensation Plan (the
“Plan”) for the benefit of a select group of management or highly compensated employees of the Corporation; and 
 WHEREAS, the
Corporation has reserved in Section 8.1 the right to amend the Plan from time to time; and 
 WHEREAS, the Corporation now desires to
amend the Plan in certain respects. 
 NOW, THEREFORE, the Plan is amended as follows, effective as of June 26, 2013: 

Section 7.3 of the Plan is amended to read as follows: 

7.3 Controlling Law. The Plan shall be construed and enforced according to the laws of the State of North Carolina to
the extent not preempted or superseded by federal law, and the Plan shall be interpreted in a manner consistent with the maintenance of its status as a “top-hat plan” for purposes of ERISA and consistent with satisfying the requirements of
Code §409A. 
 IN WITNESS WHEREOF, the Corporation has caused the Amendment to be properly executed on the 27th day of August, 2014.

  

			
	 KEWAUNEE SCIENTIFIC CORPORATION

		
	By:	 	 /s/ D. Michael Parker

		
	Title:	 	 Senior Vice President, Finance
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7767
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHRISTOPHER LYMAN HUGHES, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. N. Carlton Tilley, Jr., Chief District Judge. (CR-90-92-G) Submitted: March 6, 2003 Decided: March 13, 2003 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Christopher Lyman Hughes, Appellant Pro Se. Walter C. Horton, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Christopher Lyman Hughes appeals the district court’s order denying his motion for modification of his sentence. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See United States v. Hughes , No. CR-90-92-G (M.D.N.C. Oct. 21, 2002). 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
ARMED SERVICES BOARD OF CONTRACT APPEALS

Appeal of - )

)

Belt Built Contracting, LLC ) ASBCA No. 63849

)

Under Contract No. N40085-20-D-0159 

 Task Order No. N40085-23-F-6787

)

)

APPEARANCES FOR THE APPELLANT: Douglas L. Patin, Esq. 

Owen E. Salyers, Esq.

 Bradley Arant Boult Cummings LLP

 Washington, DC

APPEARANCES FOR THE GOVERNMENT: Craig D. Jensen, Esq.

 Navy Chief Trial Attorney

Howard A. Smith, Esq.

 Trial Attorney

ORDER OF DISMISSAL

By correspondence dated June 10, 2024, appellant requested that this appeal be 

dismissed without prejudice. The government consents to the request. Accordingly, 

the appeal is dismissed from the Board’s docket without prejudice.

Dated: June 18, 2024

JOHN J. THRASHER

Administrative Judge

Chairman

Armed Services Board

of Contract Appeals
2

I certify that the foregoing is a true copy of the Order of Dismissal of the 

Armed Services Board of Contract Appeals in ASBCA No. 63849, Appeal of Belt 

Built Contracting, LLC, rendered in conformance with the Board’s Charter.

Dated: June 18, 2024

PAULLA K. GATES-LEWIS

Recorder, Armed Services

Board of Contract Appeals
The Honorable Robert W. Pratt, United States District Judge for the Southern 1

District of Iowa. 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 98-2317

___________

Eddie Risdal, *

 *

Appellant, *

 *

v. * Appeal from the United States

 * District Court for the

Judy Burton; James R. Burton; John * Southern District of Iowa. 

Sanders; Osborn, sued as Officer *

Osborn; Paul Hedgepeth; Gutman, * [UNPUBLISHED]

sued as Sr. Gutman; Perkins, sued as *

Officer Perkins, *

 *

Appellees. *

___________

 Submitted: November 23, 1998

 Filed: December 3, 1998 

___________

Before FAGG, BEAM, and LOKEN, Circuit Judges.

___________

PER CURIAM.

In this 42 U.S.C. § 1983 action, Eddie Risdal alleged prison officials violated his

constitutional rights when they searched his cell and seized certain personal

possessions. After a bench trial, the district court entered judgment for the defendants 1
-2-

in accordance with the court&s written findings. On appeal, Risdal did not provide a

trial transcript. Instead, he moved for preparation of one at government expense. After

careful review of the briefs and the district court file, we deny the motion for a

transcript and affirm the district court&s judgment. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
* 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. 97-41471

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHARLIE DEWAYNE TEMPLETON,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 6:95-36-37

- - - - - - - - - -

August 19, 1998

Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM:*

Charlie Dewayne Templeton appeals his sentence from his

guilty-plea conviction for possession with the intent to

distribute cocaine. 

Templeton challenges the two-level adjustment, pursuant to

U.S.S.G. § 3B1.1(c), by arguing that he sufficiently rebutted the

information in the presentence report (PSR) about two individuals

selling cocaine for him; the only surrebuttal to Templeton’s

explanation was the probation officer’s recollection from his 
No. 97-41471

-2-

interview notes; the Government presented no evidence to rebut

Templeton’s explanation; and without any independent evidence

corroborating the information in the PSR, the district court’s

finding lacked a sufficient evidential basis. The district

court’s credibility determination favored the probation officer’s

version of the statements made by Templeton during the interview. 

See United States v. Sarasti, 869 F.2d 805, 807 (5th Cir. 1989). 

Templeton’s statements to the probation officer supported the

two-level adjustment for Templeton’s role in the offense, and the

district court’s § 3B1.1 ruling was not clearly erroneous. See

United States v. Giraldo, 111 F.3d 21, 23 (5th Cir.), cert.

denied, 118 S. Ct. 322 (1997).

AFFIRMED.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

________________ _____________
No. 1D18-5245

________________ _____________
M AURICE D EVELL R OBINSON , Appellant,

v.

S TATE OF F LORIDA , Appellee.

________________ _____________

On appeal from the Circuit Court for Bay County. Michael C. Overstreet, Judge.

July 9, 2019

P ER C URIAM

.
A FFIRMED

.
R AY , C.J., and B ILBREY and J AY , JJ., concur.

________________ _____________ Not final until disposition of any timely and authorized motion under Fl a. R. App. P. 9.330 or 9.331

.

________________ _____________2 Maurice Devell Robinson, pro se, Appellant.

Ashley Moody, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Talla hassee, for Appellee.
Exhibit 10.2.5
             ASSIGNMENT OF LESSEE'S INTEREST IN LEASE

     FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
NEWRIDERS, INC., a Nevada corporation ("Assignor") hereby assigns, transfers
and conveys to LEON HATCHER ("Assignee"), all of its right, title and interest
as a Lessee under that certain Lease Agreement with ARCHIE MCNAIR CABINETS,
INC., and ARCHIE M. MCNAIR, d.b.a. MCNAIR RENTAL dated June 6,1997 (the
"Lease"), with respect to real property and improvements located at 4019
Highway 501 near the City of Myrtle Beach, Horry County, South Carolina.

     Assignee hereby accepts such assignment, agrees to assume and perform all
of Assignor's duties and obligations under the Lease including without
limitation, the obligation to pay rent as required under the Lease, from and
after the Effective Date as provided below. Assignee further agrees to
indemnify, defend and hold Assignor harmless from and against any and all
loss, cost, damage, liability, claim or expense arising from or attributable
to the Lease from and after the Effective Date.

     The Effective Date of this Assignment shall be March 1, 1998.

     In Witness Whereof, the parties have executed this Assignment on the
dates opposite their respective signatures, to be effective for all purposes
as of the Effective Date.

ASSIGNOR

NEWRIDERS, INC., a 
Nevada Corporation

By: /s/ WR Nordstrom
-------------------                                   Dated: 2/9/1998


ASSIGNEE

/s/ Leon Hatcher
----------------- 
    LEON HATCHER                                     Dated: 2/9/98
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Retirement Thrift Investment Board

# Time and Date:

9 a.m. (EST). February 20, 2007.

# Place:

 4th Floor Conference Room, 1250 H Street, NW., Washington, DC.

# Status:

 Parts will be open to the public and parts closed to the public.

# Matters To Be Considered:

## Parts Open to the Public 

1. Approval of the minutes of the January 16, 2007 Board member meeting 

2. Thrift Savings Plan activity report by the Executive Director 

3. Dept. of Labor Reports 

a. Clintwood Call Center 

b. Pittsburgh Backup/Recovery Site 

4. Dept. of Labor/KPMG Annual Audit Report 

5. Annual Participant Statements 

6. Communications and Operations Report

## Parts Closed to the Public 

7. Personnel

# Contact Person for More Information: 

Thomas J. Trabucco, Director, Office of External Affairs, (202) 942-1640.

Dated: February 9, 2007.

Thomas K. Emswiler,

Secretary to the Board, Federal Retirement Thrift Investment Board.

[FR Doc. 07-671 Filed 2-9-07; 11:26 am]

BILLING CODE 6760-01-P
Exhibit 32

 

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 Vycor Medical, Inc.  (the "Company") on Form 10-Q for the quarter ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), We certify, pursuant to 18 U.S.C. 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 and Exchange Act of 1934; and

 

 (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

 

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

 

August 14, 2009

 

|                                                                       |         |         |         |         |
|----------------------------------------------------------------------------|--------------|--------------|--------------|--------------|
| /s/ Kenneth T. Coviello                                          |         |         |         |         |
| Kenneth T. Coviello

Chief Executive Officer (Principal Financial Officer) |    |    |    |    |
|                                                                       |         |         |         |         |
|                                                                       |         |         |         |         |
| /s/ Heather N. Jensen                                            |         |         |         |         |
| Heather N. Jensen

President and Principal Executive Officer               |    |    |    |         |

 

----
EXHIBIT 32





ESTATE COFFEE HOLDINGS CORP.





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 Estate Coffee Holdings Corp. (the “Company”) on Form 10-Q for the period ending May 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dave Wehrhahn, as Principal 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, 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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.




Date: July 20,  2010
By:
/s/D. WehrhahnName:
Dave WehrhahnTitle:
Principal Executive Officer





A signed original of this written statement required by Section 1350 of Title 18 of the United States Code has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.





The foregoing certification is being furnished as an exhibit to the Report pursuant to Item 601(b)(32) of Regulation S-K and Section 1350 of Title 18 of the United States Code and, accordingly, is not being filed with the Securities and Exchange Commission as part of the Report and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Report, irrespective of any general incorporation language contained in such filing.)
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

DANIEL BROWN,

Petitioner,

v. CASE NO. 1:11-cv-67-MP -GRJ

SECRETARY, DEPT.

OF CORRECTIONS, 

Respondent.

_____________________________/

O R D E R

This matter is before the Court on Doc. 6, Respondent’s motion for extension of

time to respond to Petitioner’s petition for writ of habeas corpus. Upon due

consideration, it is ORDERED:

That the motion for extension of time, Doc. 6, is GRANTED. Respondent shall

file a response to the petition on or before September 19, 2011.

DONE AND ORDERED this 26 day of August 2011. th

 

s/ Gary R. Jones

GARY R. JONES

United States Magistrate Judge

Case 1:11-cv-00067-MP-GRJ Document 7 Filed 08/26/11 Page 1 of 1
NIOSH Conformity Assessment Letter to

Manufacturers

 NIOSH CA 2019-1018

June 2019

 

Issue Affecting Chemical Warfare Agent (CWA) Testing for NIOSH CBRN 

Respirator Approvals 
Document Number

NIOSH CA 2019-1018

Page 2 of 2

The National Institute for Occupational Safety and Health (NIOSH) employs the U.S. Army Combat 

Capabilities Development Command (CCDC), Chemical Biological Center (CBC) to conduct Chemical 

Warfare Agent (CWA) testing. These services support the NIOSH Respirator Approval Program by 

completing CWA testing for chemical, biological, radiological, and nuclear (CBRN) respiratory 

protection conformance.

On June 18, 2019, CBC formally notified NIOSH that as of June 10, 2019 the CBC Simulant Agent 

Resistant Test Manikin (SMARTMAN) Laboratory is placed on safety stand-down to correct fume hood 

airflow issues. All SMARTMAN operations are postponed until ventilation/HVAC experts correct this 

matter. CCDC-CBC will address the operational safety concern, and is committed to resuming testing as 

rapidly as possible. NIOSH will inform stakeholders when the laboratory becomes operational. 

Subject: Issue Affecting Chemical Warfare Agent (CWA) Testing for NIOSH CBRN 

Respirator Approvals
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

BENJAMIN MCDONALD,

PETITIONER,

v. CASE NO. 5:11cv34-MW-CJK

MICHEL D. CREWS,

RESPONDENT.

___________________________/

ORDER ACCEPTING AND ADOPTING REPORT AND 

RECOMMENDATION

The Court has considered the Magistrate’s Report and Recommendation, 

ECF No. 22, filed May 7, 2013. The Court has also reviewed de novo Plaintiff’s 

Objections to the Report and Recommendation, ECF No. 25, filed June 13, 2013. 

Upon consideration,

IT IS ORDERED:

The report and recommendation is accepted and adopted as the court’s 

opinion. 

SO ORDERED on June 17, 2013.

s/Mark E. Walker

United States District Judge