alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-2506

___________ Frank Watts, II, * * Appellant, * * v. * * Appeal from the United States U.S. Postal Service; Pulaski County * District Court for the Regional Detention Facility, Postal * Eastern District of Arkansas Service, * * [UNPUBLISHED] Appellees. *

___________ Submitted: August 31, 1998 Filed: September 18, 1998

___________ Before McMILLIAN, RICHAR D S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM. Frank Watts II appeals from the final judgment entered in the District Court for th e Eastern District of Arkansas dismissing his 42 U.S.C. § 1983 action withou t prejudice. Watts had filed his action from the Arkansas prison facility where he was confi ned(the Varner Unit), complaining of prior occurrences in a county detentio n facility. The district court believed that Watts had not provided his correct address , because court correspondences sent to him at the county facility were returned as-2-

undelivered. After the distr ict court ordered Watts to submit a correct address or face dismissal, he timely responded that his address had not changed from the Varner Unit address he had listed on his complaint. Apparently unaware of Watts & s response, the district court dismissed the complaint without prejudice. Up onreview of the record, we note it appears that there was a miscommunication about Watts & s correct address and that, in fact, he had not changed his address or failed to respond to the district court & s order. Accordingly, we vacate the judgment and reman d to the district court for further proceedings. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
(June 30, 1924.)

#### STATE, Respondent, v. G. W. BARIGER, Appellant.

[227 Pac. 34.]

No Appearance — Appeal and Error — Bule 48 — Judgment Affirmed.

1. Where a cause on the calendar is reached for hearing and neither side has submitted a brief or is represented by counsel, under Buie 48 this court may, in its discretion, either dismiss the appeal, which results in an affirmance of the judgment below, or examine the record for fundamental error and render its judgment on the merits.

2. Beeord examined and *held*sufficient to support the judgment.

APPEAL from the District Court of the Seventh Judicial District, for Gem County. Hon. Ed. L. Bryan, Judge.

*329Appeal from judgment of conviction for unlawful possession of intoxicating liquor.

*Affirmed.*

R. B. Ayers, for Appellant.

A. H. Conner, Attorney General, and James L. Boone, Assistant Attorney General, for Respondent.

Counsel file no briefs.

BUDGE, J.

An information was filed against appellant in which he was charged with the crime of unlawful possession of intoxicating liquor. To this information appellant entered a plea of “Not Guilty.” He was subsequently placed on trial and by the verdict of the jury was found guilty as charged. Thereafter judgment of conviction was duly entered and sentence pronounced. From the judgment and from an order overruling a motion for a new trial this appeal is prosecuted.

The transcript on appeal was filed in this court on the 8th day of February, 1924. Appellant has filed no brief. When the cause was reached upon the calendar and set down for hearing appellant was not present nor represented by counsel. Upon this state of the record, and in accordance with Rule 48 of this court the record has been examined for fundamental error. No fundamental error appearing the judgment, must be affirmed, and it is so ordered.

McCarthy, C. J., and William A. Lee and Wm. E. Lee, JJ., concur.
##### 



NS GROUP, INC.
    
    March 31, 2005
    
    Form 10-Q
    
    Exhibit 12.1
 COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
(thousands of dollars) Three Months Ended3/31/2005
    
    
    3/31/2004EarningsPretax income (loss)
    
    $
    22,707
    
    
    $
    5,144Interest expense
    
    
    159
    
    
    
    318Interest portion of rent expense (a)
    
    
    146
    
    
    
    112$
    23,012
    
    
    $
    5,574Fixed ChargesInterest expense
    
    $
    159
    
    
    $
    318Interest portion of rent expense (a)
    
    
    146
    
    
    
    112$
    305
    
    
    $
    430Ratio of Earnings to Fixed Charges
    
    
    75.4
    
    
    
    13.0
 (a) One-third of rent expense is the portion deemed representative of the interest factor.
#### MURPHY v. RELIANCE GOLD MINING CO. et al.

Where appellant files no abstract or brief, it is presumed that no errors of law occurred at the trial.

(Opinion filed, June 13, 1906.)

Appeal from Circuit Court, Lawrence County. Hon. W. G. Rice, Judge.

Action by Patrick Murphy against the Reliance Gold Mining" Company and others. From an order overruling a demurrer to the-complaint, the defendant appeals.

Affirmed.

*Policy*& *Stewart,*for appellant. *Henry Frawley,*for respondents.

FULLER, P. J.

On the 14th day of March, 1905, this appeal was taken from an order overruling a demurrer to the complaint in an action instituted on the 20th day of December, 1904, and the case was placed upon the printed calendar for our Octobr, 1905; term.

As appellant has neither filed an abstract nor brief in this court, it is presumed that no errors of law occurred at the trial; and the-order appealed from is affirmed.
EXHIBIT 32.2

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

February 28, 2008

U. S. Securities and Exchange Commission

100 F Street, N. E.

Washington, D.C. 20549

Ladies and Gentlemen:

The certification set forth below is being submitted to the Securities and Exchange Commission solely for the purpose of complying with Section 1350
of Chapter 63 of Title 18 of the United States Code. This certification is not to be deemed to be filed pursuant to the Securities Exchange Act of 1934 and does not constitute a part of the Annual Report on Form 10-K (the Report)
accompanying this letter and is not to be incorporated by reference into any filing, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

I, James V. Iaco, the Executive Vice President and Chief Financial Officer of Mirant Corporation (the Company), certify that, subject to the
qualifications noted below, to the best of 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 operation of Mirant Corporation.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------



|      |  |                                                     
|----- |  | ----------------------------------------------------
|Name: |  | /s/ JAMES V.
IACO                                   
|      |  | Executive Vice President and Chief Financial Officer

A signed original of this written statement required by Section 906 has been provided to
Mirant Corporation and will be retained by Mirant Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
* Included in Consent Agenda

APPENDIX A: ACTIONS OF THE

JANUARY 25, 2016, SCHEDULED MEETING OF THE BOARD OF REGENTS

VOTED that the Board of Regents approves the Compensation and Human Resources 

Committee’s compensation recommendations for senior executive positions. [2016.02.01]

VOTED that the Board of Regents expresses its deep appreciation and gratitude to George 

Hartman, Afsaneh Beschloss, Paul Neely, and Judy Huret for their dedication and contributions 

to the Board of Regents and the Smithsonian Institution. [2016.02.02]

VOTED that the Board of Regents adopts the Consent Agenda, which constitutes the approval 

of all action items listed therein. [2016.02.03]

VOTED that the Board of Regents approves the minutes of the October 19, 2015, 

meeting of the Board of Regents.*

VOTED that the Board of Regents approves the proposed amendments to the bylaws of 

the National Zoological Park and Conservation Biology Institute Advisory Board.* 

VOTED that the Board of Regents approves the proposed slate of candidates for 

appointment or reappointment to 10 Smithsonian advisory boards.*

VOTED that Board of Regents approves the proposed amendments to the bylaws of the 

Board of Trustees of the Joseph H. Hirshhorn Museum and Sculpture Garden.*

VOTED that Board of Regents recognizes the generosity of Atlantic Philanthropies to the 

National Museum of African American History and Culture and accepts the gift.*

VOTED that the Board of Regents recognizes the generosity of S.C. Johnson & Son, Inc. 

to the National Museum of American History and names the Johnson-Louis Gateway for 

a period of no less than twenty years from the date the Gateway is completed and 

opened.*

VOTED that Board of Regents creates the Kenneth J. Boss Invertebrate Zoology 

Fellowship Endowment for the National Museum of Natural History, a quasiendowment to support fellowships for students to study invertebrate animals, 

particularly mollusks. Further, the Board authorizes the transfer of the funds identified 

for this purpose.*

VOTED that the Board of Regents recognizes the generosity of Lilly Endowment Inc. to 

the National Museum of African American History and Culture and accepts the grant 

and approves the creation of the endowment to support the Center for the Study of 

African American Religion.*
VOTED that the Board of Regents approves the proposed amendments to the charter of the 

Audit and Review Committee. [2016.02.04]

VOTED that the Board of Regents approves the proposed committee chairmanships and 

member assignments for 2016 and requests that the Chancellor make the necessary 

appointments. [2016.02.05]

VOTED that the Board of Regents authorizes the Secretary to submit to Congress a federal 

budget request for appropriated funds for fiscal year 2017, as part of the President’s budget in 

the amount of $922 million, as negotiated with OMB, and authorizes the Secretary to inform 

OMB and Congress fully about the implications of the President’s budget for the mission and 

priorities of the Smithsonian. [2016.02.06]
**Exhibit 31.2****CERTIFICATIONS PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**I, Mark D. Funston, certify that: 1. I have reviewed this annual report on Form 10-K of Emdeon Corporation; and  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report.  3. *[Intentionally omitted]**  4. *[Intentionally omitted]**  5. *[Intentionally omitted]**Date: April 30, 2007                                                                   /s/ Mark D. Funston   Mark D. Funston  *Executive Vice President and*     *Chief Financial Officer*(Principal financial and accounting officer)    * *Paragraphs 3 through 5, omitted here, are included in Exhibit 31.2 to the Annual Report onForm 10-K filed by Emdeon Corporation on March 1, 2007.*
# Legislation & Records

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Court of Appeals of the State of Georgia Clerk's Office, Atlanta, October 09, 2019. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, October 09, 2019 The Court of Appeals hereby passes the following order A20D0079. GORMAN JENKINS v. STATE OF GEORGIA. Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 18CV325 94CR85
<PAGE>

                                 EXHIBIT 11.1

                               NOVA CORPORATION
                  COMPUTATION OF PRO FORMA EARNINGS PER SHARE
<TABLE>
<CAPTION>
                                                                         10-MONTH
                                                                       PERIOD ENDED
                                                                       DECEMBER 31,
                                                                           1995
                                                                       -----------
<S>                                                                    <C>
Weighted average Common Stock outstanding during the period..........  $26,932,029
Dilutive effect of common stock equivalents..........................    1,671,743
                                                                       -----------
     Total...........................................................   28,603,772
Net income...........................................................  $ 7,267,000
Less: Preferred Stock dividends......................................      229,677
                                                                       -----------
Net income available for Common Stock and common stock equivalents...  $ 7,037,323
                                                                       ===========
Per share amount.....................................................  $      0.25
                                                                       ===========
</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT DECEMBER 31, 1999 AND THE STATEMENT OF OPERATIONS FOR THE YEAR ENDED
DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      15,934,352
<SECURITIES>                                20,683,696
<RECEIVABLES>                                5,282,485
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            45,017,674
<PP&E>                                      18,408,595
<DEPRECIATION>                               6,516,197
<TOTAL-ASSETS>                              63,862,460
<CURRENT-LIABILITIES>                       19,205,694
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        17,443
<OTHER-SE>                                  40,296,597
<TOTAL-LIABILITY-AND-EQUITY>                63,862,460
<SALES>                                              0
<TOTAL-REVENUES>                            50,324,301
<CGS>                                                0
<TOTAL-COSTS>                               27,778,868
<OTHER-EXPENSES>                            23,128,656
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             690,869
<INCOME-PRETAX>                                268,919
<INCOME-TAX>                                   117,000
<INCOME-CONTINUING>                            151,919
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   151,919
<EPS-BASIC>                                        .01
<EPS-DILUTED>                                      .01


</TABLE>
#### Barnes, et al. v. Scott, et al.

(Decided February 23, 1916.)

Appeal from Ballard Circuit Court.

Banks and Banking — Insolvent Bank — Suit Against by Depositor'. — - The stockholders of an insolvent bank, when sued as such by a depositor, not a stockholder, to enforce the liability against them provided by Section 547 Ky. Stats., cannot offset against the claim of such depositor any demand they, the stockholders, hold against the bank as depositors when it became insolvent. (For former opinion, see 168 Ky., 121.)

J. B. WICKLIFFE and W. T. WHITE for appellants.

HAL S. CORBETT for appellees.

RespoNsb by

Judge Settle

to Petition for Modification of Opinion, Sustaining Same and Modifying and Extending the Opinion.

*641Reconsideration of the questions involved in this case convinces us that the following clause of the opinion does not correctly state the law:

> “Allowing each of them (appellee stockholders) to set off ratably against such amounts whatever pro rata may be found to be due them or any of them as depositors for money they may have had on deposit in the bank at the time of the execution of the deed of assignment. ’ ’

The stockholders of an insolvent- bank, when sued as such by a depositor, not a stockholder, to enforce the liability against them provided by section 547, Kentucky Statutes, cannot offset against the claim of such depositor any demand they, the stockholders, held against the bank as depositors when it became insolvent. Cov. Stone & Sand Co. v. Rosedale, etc. Jockey Club, 25 R., 963.

For the reasons indicated the petition for modification of the opinion is sustained, the clause of the opinion referred to withdrawn, and the opinion modified and extended to conform to the conclusion herein expressed.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2576 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                 S. 2576

   To suspend temporarily the duty on Bromoxynil Octanoate technical.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2000

   Mr. Helms introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on Bromoxynil Octanoate technical.

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

SECTION 1. TEMPORARY SUSPENSION OF DUTY.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``    9902.29.01    3,5-dibromo-4-    Free              No change         No change         On or before 12/
                     hydoxybenzonitr                                                         31/2003          ''
                     il (CAS No.                                                                               .
                     1689-99-2)
                     (provided for
                     in subheading
                     2926.90.25)....

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
Exhibit32.2 CERTIFICATION PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of SIGA Technologies, Inc. (the Company) on Form 10-K for the period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ayelet Dugary, Acting Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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. 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. /s/Ayelet DugaryAyelet DugaryActing Chief Financial OfficerMarch 6, 2009
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 1901** 

JOSEPH WOJCICKI , Plaintiff

- Appellant ,

v. AIKEN TECHNICAL COLLEGE; SUSAN A. WINSOR, ex Graham ATC president; WILLIAM TILT, Associate Vice President of Technical E ducation; THOMAS DESROCHER, Program Coordinator; LEE POWELL, Human Resources Director , Defendants

- Appellees

.

Appeal from the United States District Court for the District of South Carolina , at Aiken

. Henry F. Floyd , District Judge. ( 1:06

- cv - 004 61

- HFF

- PJG )

Submitted : March 2, 2011 Decided: March 21, 2011

Before TRAXLER, Chief Judge, and AGEE and DAVIS , Circuit Judges.

Dismissed by un published per curiam opinion

.
Joseph Wojcicki, Appellant Pro Se. Charles J. Boykin, Shunna T. Vance, BOYKIN & DAVIS, LLC, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Joseph Wojcicki seeks to appeal the district court’s orders adopting the magistrate judge’s recommendation to de ny his motions for default judgment or, in the alternative, for summary judgment, and denying reconsideration of that order. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2006), and certain interlocutory and
collateral o rders, 28 U.S.C. § 1292 (2006); Fed. R. Civ. P.
54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The orders Wojcicki seeks to appeal are neither final orders nor appealable interlocutory or collateral orders. Accordingly, we dismiss the appeal for lack of jurisdiction. 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