alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNI TED STATES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-41071 Summary Calendar
SCOTT SHINE, Plaintiff-Appellant v. CHRIS MARS, Defendant-Appellee

Appeal from the United States District Court for the Eastern District of Texas Division No. 5:10-CV-128
Before HIGGINBOTHAM, DAVIS, and ELROD, Circuit Judges. PER CURIAM: * Plaintiff Scott Shine appeals the dismissal of his claims under 42 U.S.C. § 1983 for wrongful arrest against defendant Chris Mars. The di s mi s s al followed the district court’s decision that defendant Mars was e nt i tled to qualified immunity on a motion for summary judgment. We affirm. Plaintiff Shine was arrested for selling drugs on two dates, September 4, 2008 and October 28, 2008. The defendant, a Franklin County deputy, made the U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D Februa ry 2, 201 2 Lyle W . Cayce Clerk

Pursua nt to 5 T H C IR
. R. 47.5 , the cour t hasd ete rm inedthat this op inion s houldnot * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t forth in 5 T H C IR
. R. 47.5 .4. Case: 11-41071 Document: 00511745719 Page: 1 Date Filed: 02/02/2012No. 11-41071

arrest of plaintiff after obtaining a warrant from a judicial o f f icer and after plaintiff was indicted by a grand jury. These findings of probable cause insulate Mars from any claim for false arrest, unless he made false stat e m e n t i n h is affidavit which was used to obtain the warrant. Taylor v. Greggs , 36 F.3d 453, 456-57 (5th Cir. 1994). The district court pro p e rly f ound that Shine failed to identify any falsehood in Deputy Mars’ Affidavit. Neither did he identify any false information that was presented to the grand jury. Plaintiff’s claim that he

was out of town on the days on which the alleged drug transactions took place does not alter this analysis as Shine has not shown that Mars was aware of his whereabouts at the relevant time. Accordingly, the distri c t c o u rt did not err in granting Mars’ Motion for Summary Judgment in the issue of qualified immunity. AFFIRMED.

2 Case: 11-41071 Document: 00511745719 Page: 2 Date Filed: 02/02/2012
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
The schedule contains certain summay financial information extracted from the
Company's financial statements and notes thereto and is qualified in its
entirety by reference to such financial statements. The Company files an
unclassified balance sheet, certain line items are not applicable. All values
except share amounts are in thousands.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         245,378
<SECURITIES>                                   127,965
<RECEIVABLES>                                  859,269
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          71,240
<DEPRECIATION>                                  48,350
<TOTAL-ASSETS>                               1,377,605
<CURRENT-LIABILITIES>                                0
<BONDS>                                         19,398
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         15
<COMMON>                                         9,717
<OTHER-SE>                                      94,756
<TOTAL-LIABILITY-AND-EQUITY>                 1,377,605
<SALES>                                              0
<TOTAL-REVENUES>                             2,112,721
<CGS>                                                0
<TOTAL-COSTS>                                2,051,992
<OTHER-EXPENSES>                                38,608
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 411
<INCOME-PRETAX>                                 27,047
<INCOME-TAX>                                    11,630
<INCOME-CONTINUING>                             15,417
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    15,417
<EPS-BASIC>                                     1.88
<EPS-DILUTED>                                     1.22


</TABLE>
Exhibit 8.1

The following table provides a list of all subsidiaries and other companies controlled by the company:

|                        |                                                                               |                                                           
|----------------------- | ----------------------------------------------------------------------------- | ----------------------------------------------------------
|Subsidiaries            | Date and Manner of Incorporation                                              | Percentage of each Class of Shares owned/controlled by NXT
|NXT Energy USA, Inc.    | October 20, 1995 by Articles of Incorporation  State of Nevada               | 100%                                                      
|NXT Aero USA, Inc.      | August 28, 2000  by Articles of Incorporation  State of Nevada               | 100%                                                      
|NXT Aero Canada, Inc.   | April 1, 1997  by Articles of Incorporation - Canada Business Corporation Act | 100%                                                      
|NXT Energy Canada, Inc. | April 1, 1997  by Articles of Incorporation - Canada Business Corporation Act | 100%
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND ON
PAGES 3 AND 4 OF THE COMPANY'S 10 QSB FOR THE YEAR TO DATE AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          OCT-31-1998
<PERIOD-END>                               JUL-31-1998
<CASH>                                       5,214,986
<SECURITIES>                                         0
<RECEIVABLES>                                2,644,185
<ALLOWANCES>                                         0
<INVENTORY>                                  2,338,329
<CURRENT-ASSETS>                            12,490,535
<PP&E>                                       1,921,518
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              17,088,114
<CURRENT-LIABILITIES>                        5,242,408
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       228,628
<OTHER-SE>                                  10,450,304
<TOTAL-LIABILITY-AND-EQUITY>                17,088,114
<SALES>                                      7,182,238
<TOTAL-REVENUES>                             7,182,238
<CGS>                                        4,823,226
<TOTAL-COSTS>                                4,823,226
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,282,898
<INCOME-TAX>                                   477,000
<INCOME-CONTINUING>                            805,898
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   805,898
<EPS-PRIMARY>                                      .39
<EPS-DILUTED>                                      .34
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997             DEC-31-1996
<PERIOD-START>                             JAN-01-1997             JUN-01-1997
<PERIOD-END>                               DEC-31-1997             DEC-31-1996
<CASH>                                          34,921                   5,291
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   13,695                   1,471
<ALLOWANCES>                                       308                      78
<INVENTORY>                                      3,845                   4,960
<CURRENT-ASSETS>                                54,553                  11,965
<PP&E>                                          10,298                   4,726
<DEPRECIATION>                                   3,482                   1,244
<TOTAL-ASSETS>                                  61,917                  15,581
<CURRENT-LIABILITIES>                           17,097                   8,328
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        66,717                   1,626
<OTHER-SE>                                    (22,443)                (20,706)
<TOTAL-LIABILITY-AND-EQUITY>                    61,917                  15,581
<SALES>                                         44,069                   6,390
<TOTAL-REVENUES>                                44,069                   6,390
<CGS>                                           22,611                   5,123
<TOTAL-COSTS>                                   22,611                   5,123
<OTHER-EXPENSES>                                23,802                  16,077
<LOSS-PROVISION>                                   308                      78
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                (1,714)                (14,751)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (1,714)                (14,751)
<EPS-PRIMARY>                                   (0.16)                  (1.74)
<EPS-DILUTED>                                   (0.16)                  (1.74)
        

</TABLE>
Exhibit 32.01

                       FNB FINANCIAL SERVICES CORPORATION

                   Certification of Periodic Financial Report
                       Pursuant to 18 U.S.C. Section 1350

      Pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002,  the  undersigned  officers  of FNB  Financial
Services  Corporation (the "Company")  certify that the Quarterly Report on Form
10-Q of the Company for the period ended  September 30, 2004 fully complies with
the  requirements  of Section 13(a) or 15(d),  as applicable,  of the Securities
Exchange  Act of 1934  and  information  contained  in  that  Form  10-Q  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of the Company.


Dated: November 9, 2004                    /s/ ERNEST J. SEWELL
                                           --------------------
                                           Ernest J. Sewell
                                           Chief Executive Officer


Dated: November 9, 2004                    /s/ MICHAEL W. SHELTON
                                           ----------------------
                                           Michael W. Shelton
                                           Chief Financial Officer

*This certificate is made solely for purpose of 18 U.S.C.  Section 1350, subject
to the knowledge standard contained therein, and not for any other purpose.


                                       36
**Exhibit 21.1**

Entity Name 

Advanced Imaging Partners, Inc. 

Advanced Medical Imaging, Inc. 

Advanced PET Imaging of Maryland, L.P. 

Advanced Radiology, LLC 

Community Imaging Partners, Inc. 

Ide Imaging Partners, Inc. 

Mid Rockland Imaging Partners, Inc. 

Pacific Imaging Partners, Inc. 

Questar Duluth, Inc. 

Questar Imaging, Inc. 

Questar Los Alamitos, Inc. 

Questar Quakertown, Inc. 

Questar Victorville, Inc. 

Radiology & Nuclear Medicine Imaging Partners, Inc.

Rocky Mountain OpenScan MRI, LLC 

Treasure Coast Imaging Partners, Inc. 

Valley Imaging Partners, Inc.
v150341_10-49 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing


     

    Exhibit
10.49
##### 



NORTHERN STATES FINANCIAL CORPORATION

EXHIBIT 99.1

Section 906 Certification

We hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Report of Northern States Financial Corporation on Form 10-Q for the quarter
ended March 31, 2003 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that information contained in such Report fairly presents, in all material respects, the
financial condition and results of operations of Northern States Financial Corporation as of and for the periods
covered by the Report.

|                   |  |                             
|------------------ |  | ----------------------------
|Date: May 13, 2003 |  | By: /s/ Fred Abdula         
|                   |  | Fred Abdula                 
|                   |  | Chairman of the Board of    
|                   |  | Directors and President     
|                   |  |                             
|Date: May 13, 2003 |  | By: /s/ Thomas M. Nemeth    
|                   |  | Thomas M. Nemeth            
|                   |  | Vice President and Treasurer

22
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statement on Form S-3 (Nos. 333-76356 and333-97821), in the Registration Statement on Form S-4 (Nos. 333-52232 and 333-63252) and in the Registration Statements on Form S-8 (Nos. 333-45351, 333-43059, 333-86681, 333-93419, 333-46816, 333-57778, 333-59820, 333-61952, 333-72544, 333-73574,333-76312, 333-89168, 333-108049, 333-112025, 333-116095 and 333-126819) of Polycom, Inc. of our report dated February 26, 2007 relating to the consolidated financial statements, the financial statement schedule, management’s assessment ofthe effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this Form 10-K. 

 

/s/ PricewaterhouseCoopers LLP 

San Jose, California 

February 26, 2007
EXHIBIT 10.6




CHARTER OF

THE EXECUTIVE COMMITTEE

OF THE BOARD OF DIRECTORS

OF SAN WEST, INC.

The Executive Committee of San West, Inc., a Nevada corporation (the “Company”), is a committee of the Board of Directors of the Company, the composition and responsibilities of which are described in this Executive Committee Charter.

1.

Composition.  In accordance with Article III of the Bylaws of the Company, the Board of Directors, by resolution adopted by a majority of the whole Board of Directors, may designate an Executive Committee.  The Executive Committee shall consist of no fewer than ___ members.  The members of the Executive Committee shall be appointed by the Board of Directors.  The Chairman of the Board of Directors shall be the Chair of the Executive Committee; provided, however, that if the Chairman of the Board of Directors is an executive officer or employee of the Company, then the Chairman of the Executive Committee of the Board of Directors shall be an independent director.  The members of the Executive Committee shall serve at the pleasure of the Board of Directors or until their successors shall be duly designated.  Vacancies in the Executive Committee shall be filled by the Board of Directors.

2.

Responsibilities.  In accordance with Article III of the Bylaws of the Company, during the intervals between the meetings of the Board of Directors, the Executive Committee shall have and may exercise all of the authority of the Board of Directors in the management of the business affairs of the Company to the extent authorized by the resolution providing for the Executive Committee or by subsequent resolution adopted by a majority of the whole Board of Directors.  This authorization is subject to the limitations imposed by law, the Bylaws of the Company or the Board of Directors.

3.

Reporting.  The Executive Committee shall keep written minutes of each meeting, which shall set forth the Committee’s actions, and shall be duly filed in the Company’s records.  Reports of meetings of the Executive Committee, including a report of all actions taken, shall be made to the Board of Directors at its next regularly scheduled meeting, following the Executive Committee meeting, accompanied by any recommendations to the Board of Directors approved by the Executive Committee.






1
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John Quincy Adams
I 

115TH CONGRESS 

1ST SESSION H. R. 587 

To amend the Federal Power Act to provide that any inaction by the Federal 

Energy Regulatory Commission that allows a rate change to go into 

effect shall be treated as an order by the Commission for purposes 

of rehearing and court review. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2017 

Mr. KENNEDY introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Federal Power Act to provide that any inaction by the Federal Energy Regulatory Commission that 

allows a rate change to go into effect shall be treated 

as an order by the Commission for purposes of rehearing 

and court review. 

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 ‘‘Fair Ratepayer Ac5 countability, Transparency, and Efficiency Standards 

6 Act’’ or the ‘‘Fair RATES Act’’. 


srobinson on DSK5SPTVN1PROD with BILLS
2 

•HR 587 IH

1 SEC. 2. AMENDMENT TO THE FEDERAL POWER ACT. 

2 Subsection (d) of section 205 of the Federal Power 

3 Act (16 U.S.C. 824d(d)) is amended by adding at the end 

4 the following: ‘‘Any absence of action by the Commission 

5 that allows a change to take effect under this section, in6 cluding the Commission allowing the sixty days’ notice 

7 herein provided to expire without Commission action, shall 

8 be treated as an order issued by the Commission accepting 

9 such change for purposes of section 313.’’. 

Æ 


srobinson on DSK5SPTVN1PROD with BILLS
<PAGE>
                                                                    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 XETA Technologies, Inc. (the
"Company") on Form 10-Q for the fiscal quarter ended July 31, 2003, as filed
with the Securities and Exchange Commission (the "Report"), I, Jack R. Ingram,
Chief Executive 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 the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.

                                                /s/  Jack R. Ingram
                                        ------------------------------------
                                        Jack R. Ingram
                                        Chief Executive Officer
                                        September 8, 2003
Exhibit 99.1(a)
                                                                 
                             OPTION
                               ONE
                      MORTGAGE CORPORATION
                                

As of and for the year ended December 31, 1996, Option One
Mortgage Corporation has complied in all material respects with
the minimum servicing standards set forth in the Mortgage Bankers
Association of America's Uniform Single Attestation Program for
Mortgage Bankers (USAP).  As of and for this same period, Option
One Mortgage Corporation had in effect a fidelity bond and errors
and omissions policy in the amount of $50 Million.


\s\ Robert E. Dubrish    2/15/97      \s\ William L. O'Neill   2/15/97
Robert E. Dubrish                         William L. O'Neill
Chief Executive Officer                   Chief Financial Officer
                                
\s\ Jill Bright                 
Jill Bright                     
Date
Controller