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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. United States Court of Appeals

Fifth Circuit 

## FILED February 7, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-50600 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSE MANUEL FERNANDEZ-CHAVEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-916-ALL

-------------------- Before REAVLEY, JOLLY, and BENAVIDES, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Manuel Fernandez-Chavez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JAMES WATSON,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 513 MAL 2023

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 26th day of March, 2024

, the Petition for Allowance of Appeal is

DENIED

.

Justice McCaffery did not participate in the consideration or decision of this matter.
No. 1,876.

#### STATE ex rel. GILCHRIST, Relator, *v.*WESTON, Defendant.

*Original*— Mandamus.

(For former opinion, see 27 Mont. 185, 70 Pac. 519.)

On motion to tax costs.

Decided January 31, 1903.

*Mr. B. Lee Word, Mr. O. F.*Kelly, and *Mr. W. M.*Bickford, for Relator.

*Mr. J. J. McHatton, Mr. L. P. Forestall,*and *Mr. Guy Star yleton,*for Defendant.

Pee Curiam.

— Tire relator’s cost bill heretofore submitted ’ to the court is hereby allowed, and the motion of defendant to tax costs is overruled, except as toi the witness fees of M. P. Gilchrist, the mileage of G. H. MoDougall, and costs paid to the stenographer for copies of testimony and papers, and as to the service of writ of injunction.

(Me. Justice Holloway, having taken no part in the consideration of this cause, takes1 no part in this decision.)
May __, 2009


 





	
            TO:
 	
            Integrated Freight Systems, Inc.
 









	
             
 	
            Suite 200
 









	
             
 	
            6371 Business Boulevard
 









	
             
 	
            Sarasota, Florida 34240
 





 


The undersigned, in consideration for the issue of an Amended Promissory Note and Security Agreement originally dated September 17, 2008 and amended May __, 2009, does hereby (i) waive all conditions, precedent and subsequent, which remain unsatisfied by Integrated Freight Systems in that certain Stock Exchange Agreement dated August 25, 2008, as amended September 17, 2008, (together, the “Agreement”), (ii) agree that all such conditions shall be and hereby are deemed satisfied and (iii) agree that the Agreement cannot be terminated, cancelled or rescinded for any reason whatsoever.


 





	
            Very truly yours,
 	
             
 
	
             
 	
             
 
	
            _______________________________
 	
             
 
	
            T. Mark Morris
#### LEE et al. v. DWYER.

Tlie trial court’s findings of fact in an action to determine a disputed boundary tried by the court are presumed to be correct on appeal, and the burden is on the appellant to show that the greater-weight of the evidence is against the findings objected to.

(Opinion filed, April 3, 1906.)

Appeal from Circuit Court, Clay County. Hon. E. G. Smith, Judge.

Action by A. E. Lee and another against Margaret Dwyer. From a judgnient for plaintiffs, defendant appeals.

Affirmed.

*IT. G. Tilton*and *C. H. Dillon,*for appellant. /. *L. Jolly*and *Trench*& Orvis; for respondents.

*465FULLER, P. J.

The respective parties to this action claim adversely about 17 aores of Clay county land which the trial court adjudged to be the property of plaintiffs, and defendant has appealed from such judgment and an order overruling her motion for a new trial.

As the record plainly refutes appellants assertion of an estoppel arising from acquiescence and adverse possession, nothing remains for our determination but the sufficiency of the evidence to sustain the findings of fact as to the exact location of the N. W. corner of the S. W. comer of the N. W. 14 of Sec. 20, Twp. 95, R. 53, as established by the United States government survey. It is deemed inadvisable to state the testimony of the various witnesses, covering more than 100 closely printed pages, because it would greatly lengthen this opinion without serving any useful purpose. However, such evidence has received most careful study and consideration in connection with all material circumstances disclosed by the record, in determining the weight and credibility of testimony usually received at the trial of an action of this character an opportunity to observe the demeanor of the various witnesses is peculiarly valuable to the court below and, like all other cases tried without a jury, its findings of fact based on such evidence come to this court favored with the presumption of correctness. While an appellate court is not concluded from a a review of the evidence, the burden rests upon its assailant to show the greater weight thereof against the challenged findings of fact which will be overthrown only when this court is satisfied that the evidence clearly preponderates against them. Randall et al. v. Burk Township, 4 S. D. 337, 57 N. W. 4; McKenna v. Whitaker, 9 S. D. 442, 69 N. W. 587; Reagan et al. v. McKibben et al., 11 S. D. 270, 76 N. W. 943; McGray v. Monarch Elevator Co., 16 S. D. 109, 91 N. W. 457.

Independently of such presumption and the legal intendments to be resolved in favor of the correctness of all proceedings in the court below, we are satisfied that the evidence clearly preponderates in favor of the findings of fact, and the judgment appealed from is therefore affirmed.
EXHIBIT 99.14b


                           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 Amended  Quarterly  Report of Latinocare  Management
Corporation  (the "Company") on Form 10-QSB for the period ending  September 30,
2002 as filed with the Securities  and Exchange  Commission on November 21, 2002
(the "Report") I, Joseph Luevanos,  Chief Financial  Officer and Director of the
Company,  certify,  pursuant to 18USC ss.1350,  as adopted pursuant to ss.906 of
the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:


(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/Joseph Luevanos
_____________________________________________________________
Joseph Luevanos, Chief Financial Officer and Director
No. 3,116.

#### JAMES REID, Appellant, *v.*HENNESSY CO. et al., Respondents.

*Appeals from District Court, Silver Bow County; J. B. McClernan, Judge.*

Decided March 1, 1912.

*Mr. Alexander Maclcel,*for Appellant.

*Messrs. Nolan & Donovan,*for Respondents.

PER CURIAM.

Respondents’ motion to dismiss the appeals herein is, after due consideration, sustained, and the appeals are hereby dismissed without prejudice.'
II

106TH CONGRESS

1ST SESSION S. 229

For the relief of the State of Hawaii.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. INOUYE (for himself and Mr. AKAKA) introduced the following bill; which

was read twice and referred to the Committee on Finance

A BILL

For the relief of the State of Hawaii.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. RELIEF FROM STATUTE OF LIMITATIONS FOR

4 REFUND OR CREDIT.

5 If refund or credit of any overpayment of tax result6 ing from the payment of taxes under section 4041, 4081,

7 or 4091 of the Internal Revenue Code of 1986 on fuel

8 purchased by the State of Hawaii during calendar years

9 1992 and 1993 is prevented at any time before the close

10 of the 18-month period beginning on the date of the enact11 ment of this Act by the operation of any law or rule of

12 law, refund or credit of such overpayment may, neverthe-
2

S 229 IS

1 less, be made or allowed if claim therefor is filed before

2 the close of such 18-month period.

Æ
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2386 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2386

               To extend the Stamp out Breast Cancer Act.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 11, 2000

Mrs. Feinstein (for herself, Mrs. Hutchison, Mr. Baucus, Mr. Murkowski, 
    Mr. Cleland, Mr. Durbin, Ms. Landrieu, Mr. Smith of Oregon, Mr. 
 Lautenberg, Mr. Johnson, Mr. Kennedy, Mr. Edwards, Mr. Campbell, Mr. 
Abraham, Mr. Kerry, Mr. Feingold, Mr. Santorum, Mr. Leahy, Mr. Inhofe, 
 Mr. Wellstone, Mr. Bingaman, Mr. Moynihan, Mr. Hatch, Ms. Snowe, Mr. 
Hagel, Mr. Biden, Mr. Mack, Mr. Grassley, Mr. Ashcroft, Mr. Bryan, Mrs. 
 Murray, Mrs. Boxer, Ms. Mikulski, Mr. Reid, Mr. Breaux, Mr. Dodd, Mr. 
    Lieberman, Mr. Kerrey, Mr. Daschle, Mr. Jeffords, and Mr. Roth) 
introduced the following bill; which was read twice and referred to the 
                   Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
               To extend the Stamp out Breast Cancer Act.

    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 ``Breast Cancer Research Stamp 
Reauthorization Act of 2000''.

SEC. 2. BREAST CANCER STAMP EXTENSION.

    Section 414(g) of title 39, United States Code, is amended by 
striking ``2-year'' and inserting ``4-year''.
                                 <all>
```
```

                                                                    Exhibit 32.2

               CERTIFICATION OF THE PRINCIPAL FINANCIAL OFFICER
          PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In connection with the annual report of AmComp Incorporated, (the
"Company") on Form 10-K/A for the year ended December 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Kumar
Gursahaney, Principal 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, to 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.

December 13, 2006
                                              /s/ Kumar Gursahaney
                                              ----------------------------------
                                              Name:  Kumar Gursahaney
                                              Title: Principal Financial Officer
```
[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Page 27735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11893]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Department of Defense Wage Committee Meeting

AGENCY: Department of Defense.

ACTION: Notice of closed meeting.

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

SUMMARY: Pursuant to the provisions of section 10 of Public Law 92-463, 
the Federal Advisory Committee Act, notice is hereby given that closed 
meeting of the Department of Defense Wage Committee will be held on 
Tuesday, May 18, 2010, at 10 a.m. at 1400 Key Boulevard, Level A, Room 
A101, Rosslyn, Virginia, 22209.
    Under the provisions of section 10(d) of Public Law 92-463, the 
Department of Defense has determined that the meetings meet the 
criteria to close meetings to the public because the matters to be 
considered are related to internal rules and practices of the 
Department of Defense and the detailed wage data to be considered were 
obtained from officials of private establishments with a guarantee that 
the data will be held in confidence.
    However, members of the public who may wish to do so are invited to 
submit material in writing to the chairman concerning matters believed 
to be deserving of the Committee's attention.
    Additional information concerning the meetings may be obtained by 
writing to the Chairman, Department of Defense Wage Committee, 4000 
Defense Pentagon, Washington, DC 20301-4000.

    Dated: May 13, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-11893 Filed 5-17-10; 8:45 am]
BILLING CODE 5001-06-P
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 60355 Summary Calendar

ANTHONY J. SANTANGELO, JR., Co

- Executor of the Estate of Natalie Santangelo, Deceased; JUNE LENOIR, Co

- Executor of the Estate of Natalie Santangelo, Deceased,

Plaintiffs

- Appellants

v. UNITED STATES OF AMERICA,

Defendant

- Appellee

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 3:12

- CV

- 71

Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges

. PER CURIAM: * In this tax dispute, the appellants challenge the district court’s
determination that certain stock proceeds were received in 2006 under the “constructive receipt” doctrine

. We have considered the briefs, the record on appeal, and all relevant law, and we conclude that the district court’s judgment

* 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. United States Court of Appeals Fifth Circuit 

### FILED December 29, 2014 Lyle W. Cayce Clerk Case: 14-60355 Document: 00512883627 Page: 1 Date Filed: 12/29/2014No. 14

- 60355 should be affirmed essentially for the reasons articulated in the court’s opinion on summary judgment

. We agree with the district court that t he appellants
have not shown a “substantial limitation” on receipt of the stock proceeds when they first became available in 2006.
AFFIRMED.

2 Case: 14-60355 Document: 00512883627 Page: 2 Date Filed: 12/29/2014
<PAGE>
                                                                    EXHIBIT 13.1

                                  CERTIFICATION

      The certification set forth below is being submitted in connection with
the Annual Report on Form 20-F for the year ended December 31, 2003 (the
"REPORT") for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of
the Securities Exchange Act of 1934 (the "EXCHANGE ACT") and Section 1350 of
Chapter 63 of Title 18 of the United States Code.

      Agustin Garcia Mansilla, the Chief Executive Officer and Gustavo Castelli,
the Chief Financial Officer of Quilmes Industrial (Quinsa), Societe Anonyme,
each certifies that, to the best of his knowledge:

      1.    the report fully complies with the requirements of Section 13(a) or
            15(d) of the Exchange Act; and

      2.    the information contained in the Report fairly presents, in all
            material respects, the financial condition and results of operations
            of Quilmes Industrial (Quinsa), Societe Anonyme.

Date: June 30, 2004

/s/  Agustin Garcia Mansilla
-------------------------------------
Name: Agustin Garcia Mansilla
Title: Chief Executive Officer

/s/  Gustavo Castelli
-------------------------------------
Name: Gustavo Castelli
Title: Chief Financial Officer

                                       112
<PAGE>   1

                                                                      EXHIBIT 23

                        CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in this Annual Report (Form 10-K)
of Success Bancshares, Inc. of our report dated February 7, 2001 included in the
2000 Annual Report to Shareholders of Success Bancshares, Inc. We also consent
to the incorporation by reference in the Registration Statement (Form S-8 No.
333-42615) pertaining to the Success Bancshares, Inc. Employee Stock Ownership
Plan, 1990, 1992 and 1993 Executive Officer Stock Option Agreements and the 1995
Employee Stock Option Plan of our report dated February 7, 2001, with respect to
the consolidated financial statements incorporated herein by reference.

/s/  McGladrey & Pullen, LLP
Schaumburg, Illinois
March 21, 2001
[Federal Register Volume 75, Number 92 (Thursday, May 13, 2010)]
[Notices]
[Page 27056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11505]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Record of Decision for Environmental Impact Statement: New 
Bedford Regional Airport, New Bedford, MA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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

SUMMARY: The FAA is issuing this notice to advise the public that a 
Record of Decision (ROD), resulting from an Environmental Impact 
Statement (EIS) has been prepared for a New Bedford Regional Airport, 
New Bedford, Massachusetts.

FOR FURTHER INFORMATION CONTACT: Richard Doucette, Environmental 
Program Manager, Federal Aviation Administration New England, 12 New 
England Executive Park, Burlington, MA. Telephone (781) 238-7613.

SUPPLEMENTARY INFORMATION: The FAA is making available a ROD regarding 
construction of Runway Safety Areas and other airfield improvements at 
New Bedford. The ROD documents the final Agency decisions regarding the 
proposed projects as described and analyzed in the EIS. The ROD is 
available for review during normal business hours at the following 
locations: FAA New England Region, Airports Division, 16 New England 
Executive Park, Burlington, MA. Telephone (781) 238-7613 and New 
Bedford Regional Airport, 1569 Airport Rd., New Bedford, Massachusetts. 
Telephone (508) 991-6161.

    Issued on: April 27, 2010.
Bryon H. Rakoff,
Assistant Division Manager, Airports Division.
[FR Doc. 2010-11505 Filed 5-12-10; 8:45 am]
BILLING CODE 4910-13-P
**Exhibit 32.2**

 

CERTIFICATIONPURSUANT TO

18U.S.C. Section 1350

ASADOPTED PURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with theQuarterly Report of XETA Technologies, Inc. (the “Company”) on Form 10-Qfor the fiscal quarter ended July 31, 2010, as filed with the Securitiesand Exchange Commission (the “Report”), I, Robert B. Wagner, ChiefFinancial 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) or15(d) of the Securities Exchange Act of 1934; and

 

(2)                                  The information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

 
|   | /s/ Robert B. Wagner    |
|--------|-------------------------|
|   | Robert B. Wagner        |
|   | Chief Financial Officer |
|   | September 3, 2010  |

 

----
<PAGE>

                                                                    EXHIBIT 15.2

[ACNIELSEN LOGO]

PABLO SANCHEZ
Gerente General

14 de Abril de 2005

CONSENT

We hereby consent to use of our market share information from our "ACNielsen
Retail Index for Beer Category", based on ACNielsen distribution channels from
year 2000 to 2004 in Arica to Puerto Montt within cities of more than 30.000
inhabitants, on Form 20 F of Quilmes Industrial (Quinsa) Societe Anonyme. We
further consent to the use of our name in such Form 20-F and to the filling
of this consent as an exhibit thereto.

/s/ Christian Melzer
Christian Melzer
ACNielsen Chile S.A.

ACNielsen Chile S.A.
Tajamar 183 - 8 degrees Piso
Las Condes - Santiago
Tel.: (562) 463.27.00                                      [A VNU BUSINESS LOGO]
Fax: (562) 463.28.00
http://acnielsen.com
II

106TH CONGRESS

1ST SESSION S. 230

To amend chapter 81 of title 5, United States Code, to authorize the use

of clinical social workers to conduct evaluations to determine workrelated emotional and mental illnesses.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. INOUYE introduced the following bill; which was read twice and referred

to the Committee on Governmental Affairs

A BILL

To amend chapter 81 of title 5, United States Code, to

authorize the use of clinical social workers to conduct

evaluations to determine work-related emotional and

mental illnesses.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Clinical Social Work5 ers’ Recognition Act of 1999’’.
2

•S 230 IS

1 SEC. 2. EXAMINATIONS BY CLINICAL SOCIAL WORKERS

2 FOR FEDERAL WORKER COMPENSATION

3 CLAIMS.

4 Section 8101 of title 5, United States Code, is

5 amended—

6 (1) in paragraph (2) by striking ‘‘and osteo7 pathic practitioners’’ and inserting ‘‘osteopathic

8 practitioners, and clinical social workers’’; and

9 (2) in paragraph (3) by striking ‘‘and osteo10 pathic practitioners’’ and inserting ‘‘osteopathic

11 practitioners, and clinical social workers’’.

Æ
II

106TH CONGRESS

2D SESSION S. 2308

To amend title XIX of the Social Security Act to assure preservation of

safety net hospitals through maintenance of the Medicaid disproportionate share hospital program.

IN THE SENATE OF THE UNITED STATES

MARCH 28, 2000

Mr. MOYNIHAN (for himself, Mr. GRAHAM, and Mrs. FEINSTEIN) introduced

the following bill; which was read twice and referred to the Committee

on Finance

A BILL

To amend title XIX of the Social Security Act to assure

preservation of safety net hospitals through maintenance

of the Medicaid disproportionate share hospital program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Medicaid Safety Net

5 Hospital Act of 2000’’.
2

•S 2308 IS

1 SEC. 2. FREEZING MEDICAID DSH ALLOTMENTS FOR FIS2 CAL YEAR 2001 AT LEVELS FOR FISCAL YEAR

3 2000.

4 Section 1923(f) of the Social Security Act (42 U.S.C.

5 1396r–4(f)) is amended—

6 (1) in paragraph (2)—

7 (A) in the heading, by striking ‘‘2002’’ and

8 inserting ‘‘2001’’;

9 (B) in the matter preceding the table, by

10 striking ‘‘2002’’ and inserting ‘‘2001 (and the

11 DSH allotment for a State for fiscal year 2001

12 is the same as the DSH allotment for the State

13 for fiscal year 2000, as determined under the

14 following table)’’; and

15 (C) by striking the columns in the table re16 lating to FY 01 and FY 02 (fiscal years 2001

17 and 2002); and

18 (2) in paragraph (3)—

19 (A) in the heading, by striking ‘‘2003’’ and

20 inserting ‘‘2002’’; and

21 (B) in subparagraph (A), by striking

22 ‘‘2003’’ and inserting ‘‘2002’’.

Æ