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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

October 3, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-60287

Summary Calendar

 

GHEREZGIHER TECLE EMBEYE,

Petitioner,

versus

ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,

Respondent.

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

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A78 881 262

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

Before HIGGINBOTHAM, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:*

Gherezgiher Tecle Embeye, a native of Ethiopia and citizen of

Eritria, petitions for review of an order issued by the Board of

Immigration Appeals (BIA) dismissing his appeal from the

immigration judge’s (IJ) decision to deny his applications for

asylum, withholding of removal, and relief under the Convention

Against Torture (CAT). Embeye challenges the finding of both the

IJ and BIA that he lacked credibility. Embeye also argues that he

has established his eligibility for asylum or withholding of

removal. Embeye has abandoned any argument he might have raised
No. 04-60287

-2-

regarding the denial of his motion for protection under the CAT by

failing to challenge the decision in his petition for review. See

Witter v. INS, 113 F.3d 549, 554 (5th Cir. 1997).

Both issues raised by Embeye would require this court to

review and overturn a determination by the IJ and BIA as to his

credibility as a witness. We may not “substitute our judgment for

that of the BIA or IJ with respect to the credibility of the

witnesses or ultimate factual findings based on credibility

determinations.” See Chun v. INS, 40 F.3d 76, 78 (5th Cir. 1994).

Accordingly, Embeye’s petition for review is DENIED.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5998 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5998

To amend the Public Health Service Act to reauthorize a loan repayment 
 program under which health professionals agree to conduct prevention 
    activities, as employees of the Centers for Disease Control and 
Prevention and the Agency for Toxic Substances and Disease Registry, in 
 consideration of the Federal Government agreeing to make payments on 
  the principal and interest of the educational loans of such health 
                 professionals, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2018

Ms. Schakowsky introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To amend the Public Health Service Act to reauthorize a loan repayment 
 program under which health professionals agree to conduct prevention 
    activities, as employees of the Centers for Disease Control and 
Prevention and the Agency for Toxic Substances and Disease Registry, in 
 consideration of the Federal Government agreeing to make payments on 
  the principal and interest of the educational loans of such health 
                 professionals, and for other purposes.

    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 ``Securing Experts to Control, 
Understand, and Respond to Emergencies Act'' or the ``SECURE Act''.

SEC. 2. IMPROVEMENT OF LOAN REPAYMENT PROGRAM FOR PREVENTION 
              ACTIVITIES.

    Section 317F of the Public Health Service Act (42 U.S.C. Sec. 247b-
7) is amended--
            (1) in subsection (a)(1)--
                    (A) by inserting after ``conduct prevention 
                activities'' the following: ``, including rapid 
                response to major health threats,''; and
                    (B) by striking ``$35,000'' and inserting 
                ``$50,000'';
            (2) in subsection (a)(2)(B), by striking ``3 years'' and 
        inserting ``2 years''; and
            (3) in section (c)--
                    (A) by striking ``1994'' and inserting ``2019''; 
                and
                    (B) by striking ``1995 through 2002'' and inserting 
                ``2020 through 2023''.
                                 <all>
```
EXHIBIT 32.1

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of CurrencyShares® Russian Ruble Trust (the Trust) on Form 10-Q for the period ended January 31, 2011 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Nick Bonos, Chief Executive Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, 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 Trust.



|                             
|-----------------------------
|Date: March 11, 2011         
|                             
|/s/ NICK BONOS               
|Nick Bonos*                  
|Chief Executive Officer      
|(principal executive officer)



|* | The Registrant is
a trust and Nick Bonos is signing in his capacity as the principal executive officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
|- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 31.2

CERTIFICATION

I, Wayne T. Byrne, Chief Financial Officer of AGY Holding Corp., certify that:

1. I have reviewed this quarterly report on Form 10-Q of AGY Holding Corp. (the Registrant);

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, and other
financial information included in this 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 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-15(e) and 15d-15(e)) 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 us by others within those entities, particularly during the
period in which this 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 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 that has materially affected, or is reasonably likely to materially affect, the Registrants internal control over financial reporting; and

5. The Registrants other certifying officer and I 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 control over financial reporting which are reasonably likely to adversely affect the Registrants ability to record, process, summarize and report financial information; and

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

Date: August 12, 2008



|                             
|-----------------------------
|/s/ Wayne T. Byrne           
|Wayne T. Byrne               
|Chief Financial Officer      
|(Principal Financial Officer)
[Federal Register Volume 73, Number 9 (Monday, January 14, 2008)]
[Notices]
[Pages 2266-2267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-82]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Environmental Health Sciences, Notice of 
Closed Meeting

    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 grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Environmental Health 
Sciences Special Emphasis Panel; Expedited Review of Disaster-Based 
Research Opportunities.
    Date: January 29, 2008.
    Time: 11 a.m. to 1 p.m.
    Agenda: To review and evaluate grant applications.
    Place: NIEHS/National Institutes of Health, Building 4401, East 
Campus, 79 T.W. Alexander Drive, Research Triangle Park, NC 27709, 
(Telephone Coference Call).
    Contact Person: Sally Eckert-Tilotta, PhD, Scientific Review 
Administrator, Nat. Institute of Environmental Health Sciences, 
Office of Program Operations, Scientific Review Branch, P.O. Box 
12233 MD EC-30, Research Triangle Park, NC 27709 (919) 541-1446, 
<a href="/cdn-cgi/l/email-protection#d1b4b2bab4a3a5a5e091bfb8b4b9a2ffbfb8b9ffb6bea7"><span class="__cf_email__" data-cfemail="d5b0b6beb0a7a1a1e495bbbcb0bda6fbbbbcbdfbb2baa3">[email protected]</span></a>.
    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. 93.115, 
Biometry and Risk Estimation--Health Risks from Environmental 
Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety 
Training; 93.143, NIEHS Superfund

[[Page 2267]]

Hazardous substances-Basic Research and Education; 93.894, Resources 
and Manpower Development in the Environmental Health Sciences; 
93.113, Biological Response to Environmental Health Hazards; 93.114, 
Applied Toxicological Research and Testing, National Institutes of 
Health, HHS)

    January 7, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 08-82 Filed 1-11-08 8:45 am]
BILLING CODE 4140-01-M


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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-22-0000533

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ESTATE OF KIMO I. JARDIN, Claimant-Appellant-Appellee, v.

STATE OF HAWAII DEPARTMENT OF TRANSPORTATION,

Employer-Appellee-Appellant, Self-Insured, and

STATE OF HAWAII DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT,

Adjuster-Appellee-Appellant

SURVIVORS OF KIMO I. JARDIN, Claimant-Appellant-Appellee, v.

STATE OF HAWAII TRANSPORTATION DEPARTMENT,

Employer-Appellee-Appellant, Self-Insured, and

STATE OF HAWAII DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT,

Adjusters-Appellee-Appellant

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD

(CASE NO. AB 2018-123; DCD NO. 4-15-10033)

ORDER GRANTING MOTION TO DISMISS APPEAL

(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)

Upon consideration of Claimants-Appellants-Appellees

Kimo I. Jardin and Survivors of Kimo I. Jardin's (Jardin Parties)

January 27, 2023 Motion to Dismiss Appeal for Lack of

Jurisdiction (Motion), the papers in support and in opposition,

and the record, it appears that the Jardin Parties seek dismissal

of the appeal on the basis that the Labor and Industrial

Relations Appeals Board's (LIRAB) July 6, 2022 Proposed Decision

and Order and August 9, 2022 Order Adopting Proposed Decision and

Order (together, Orders) appealed from are not final, appealable

orders because they determine that the underlying claims are

compensable, but they do not determine the amount of

compensation.

Electronically Filed

Intermediate Court of Appeals

CAAP-22-0000533

28-FEB-2023

10:28 AM

Dkt. 87 OGMD
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

An aggrieved party may appeal from a final decision and

order by the LIRAB directly to this court under Hawaii Revised

Statutes (HRS) §§ 386-88 (2015) and 91-14 (2012). For purposes

of HRS § 91-14(a), "final order" means "an order ending the

proceedings, leaving nothing further to be accomplished[;] . . . 

Consequently, an order is not final if the rights of a party

involved remain undetermined or if the matter is retained for

further action." Bocalbos v. Kapiolani Med. Ctr. for Women &

Child., 89 Hawai i 436, 439, 974 P.2d 1026, 1029 (1999) (cleaned

up). Thus, a LIRAB decision merely "finding a workers'

compensation claim to be compensable [is] not an appealable final

order because the amount of compensation ha[s] yet to be

determined." Id. (citing Williams v. Kleenco, 2 Haw. App. 219,

629 P.2d 125 (1981)). 

Therefore, IT IS HEREBY ORDERED that the Motion is

granted, and appellate case No. CAAP-22-0000533 is dismissed for

lack of appellate jurisdiction. 

DATED: Honolulu, Hawai i, February 28, 2023.

/s/ Clyde J. Wadsworth

Presiding Judge

/s/ Karen T. Nakasone

Associate Judge

/s/ Derrick H.M. Chan

Associate Judge 

2
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 Calibert Explorations, Ltd.(the “Company”) on Form 10-Q for the period ended August 31, 2010 as filed with the Securities and Exchange Commission on the date here of (the “report”), I, David Saltrelli, 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:




(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.




Dated this 20th day of October, 2010.






DAVID SALTRELLIDavid SaltrelliChief Executive Officer and Chief Financial Officer
*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.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 98-40664

Summary Calendar

HEAD & ENGQUIST EQUIPMENT LLC,

Plaintiff-Appellant,

VERSUS

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ET AL.,

Defendants,

ST. PAUL FIRE AND MARINE INSURANCE COMPANY,

Defendant-Appellee.

Appeal from the United States District Court

for the Eastern District of Texas

(1:97-CV-190)

April 29, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Dawn Michelle Garcia (hereinafter referred to as "Claimant")

filed suit in the District Court of Jefferson County, Texas against

Head & Engquist Equipment, Inc. (hereinafter referred to as

"Employer") and Martin Victor Kennedy (hereinafter referred to as
2

"Supervisor") asserting claims arising out of sexual derogatory

statements, verbal sexual advances and sexually-motivated touching

and physical contacts upon the Claimant by the Supervisor during

the course and scope of their employment with Employer. Employer

tendered the defense of this lawsuit to St. Paul Fire and Marine

Fire Insurance Company (hereinafter "Insurer") who declined to

defend or indemnify Employer from liability on the grounds that

express provisions of its policy excluded coverage as to the claims

asserted in this lawsuit. Employer settled the lawsuit without

participation from Insurer and filed suit against Insurer in the

United States District Court for the Eastern District of Texas,

asserting that Insurer breached its duty to defend and indemnify

Employer with respect to the claims asserted by Claimant in the

underlying lawsuit. Insurer moved for a summary judgment on the

grounds that there was no material issue of fact and it was

entitled to judgment as a matter of law. The District Court

granted such Motion for Summary Judgment and the Employer timely

appealed.

We have carefully reviewed the briefs, the record excerpts and

relevant portions of the record itself. For the reasons stated by

the District Court in its Order Granting St. Paul’s Motion for

Summary Judgment filed under date of April 16, 1998, we AFFIRM the

grant of summary judgment in favor of Insurer and the entry of a

Final Judgment that the Employer take nothing.

AFFIRMED.
|   | (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 Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: | May 20, 2011                                                                                                                                                                       |
|-------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| By:   | /s/ Kristian B. Kos                 Kristian B. KosChief Executive Officer(principal executive officer) |
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5947 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
                                H. R. 5947

       To repeal the Asia Foundation Act, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2018

  Mr. Norman introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL

 
       To repeal the Asia Foundation Act, and for other purposes.

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

SECTION 1. REPEAL OF THE ASIA FOUNDATION.

    (a) In General.--The Asia Foundation Act (22 U.S.C. 4401 et seq.) 
is hereby repealed.
    (b) Prohibition on Availability of Other Funds.--Effective 
beginning on the date of the enactment of this Act, no Federal agency 
may make funds available to the Asia Foundation pursuant to any other 
provision of law.
                                 <all>
```
[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Notices]
[Pages 7751-7752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-585]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    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 of Allergy and Infectious 
Diseases Special Emphasis Panel; NIAID DMID Clinical Proteomics 
Centers for Infectious Diseases and Biodefense.
    Date: March 3-4, 2008.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: Gaithersburg Marriott Washingtonian Center, 9751 
Washingtonian Boulevard, Gaithersburg, MD 20878.
    Contact Person: Alec Ritchie, PhD, Scientific Review Officer, 
Scientific Review Program, Division of Extramural Activities, 
National Institutes of Health/NIAID/DHHS,

[[Page 7752]]

6700 B Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-435-
1614, <a href="/cdn-cgi/l/email-protection#711003180512191814311f181018155f1f18195f161e07"><span class="__cf_email__" data-cfemail="c0a1b2a9b4a3a8a9a580aea9a1a9a4eeaea9a8eea7afb6">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: February, 1, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 08-585 Filed 2-8-08; 8:45 am]
BILLING CODE 4140-01-M


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