alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 96-10071 Summary Calendar

__________________ MARIA E. LUNA, Plaintiff-Appellant,
versus SHIRLEY S. CHATER, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 5:94-CV-188-C
- - - - - - - - - - August 28, 1996 Before JOLLY, JONES and STEWART, Circuit Judges. PER CURIAM: * Maria E. Luna appeals from the district court's judgment in a review of the denial of a claim for disability insurance benefits and supplemental security income benefits. She argues that the Commissioner of Social Security applied an incorrect legal standard and that the decision is not supported by substantial evidence. We have reviewed the record and theNo. 96-10071 -2- district court's decision and find no reversible error. See Luna v. Chater , No. 5:94-CV-188-C (N.D. Tex. Nov. 16, 1995). AFFIRMED.
Exhibit 32


Certification
 
 Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)
 
 Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Great-West Life & Annuity Insurance Company, a Colorado corporation (the “Company”), does hereby certify, to such officer’s knowledge, that:
 
 The Quarterly Report on Form 10-Q for the quarter ended June 30, 2010 (the “Form 10-Q”) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 Dated:
August 13, 2010
/s/
Mitchell T.G. GrayeMitchell T.G. GrayePresident and Chief Executive Officer
 
 
 Dated:
August 13, 2010
/s/
James L. McCallenJames L. McCallenSenior Vice President and Chief Financial Officer
 
 The foregoing certification is being furnished solely pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code) and is not being filed as part of the Form 10-Q or as a separate disclosure document.
##### 



PLEDGE, ASSIGNMENT AND SECURITY AGREEMENT
 nd
 RECITALS
    AGREEMENTS
  SECURITY
 The Stock Collateral.




---



##### 



Rights of Administrative Agent in the Stock Collateral.
  Rights of Corporation in the Stock Collateral.




---



##### 



REPRESENTATIONS AND WARRANTIES
  Stock Interests.
  Power and Authority.
  Binding Agreements.
  No Conflicts.
 provided however




---



##### 



Compliance with Laws.
  Title to Properties.
  Perfection and Priority of Stock Collateral.
  COVENANTS
  Corporate Existence.
  Delivery of Stock Collateral.




---



##### 



Defense of Title and Further Assurances.
  Compliance with Laws.
  Protection of Stock Collateral.
  Certain Notices.




---



##### 



Books and Records; Information.
   Disposition of Stock Collateral.
  Distributions.
  Liens.
  Survival.
  DEFAULT AND RIGHTS AND REMEDIES
 Events of Default.




---



##### 



Default under Credit Agreement.
  Default under this Agreement.
  Breach of Representations and Warranties.
  Failure to Comply with Covenants.
  Remedies.
  Uniform Commercial Code.
  Sale or Other Disposition of Stock Collateral.




---



##### 



Specific Rights With Regard to Stock Collateral.




---



##### 



Application of Proceeds.
  Performance by Administrative Agent.




---



##### 



Other Remedies.
  Costs and Expenses.
  Receipt Sufficient Discharge to Purchaser.
  Remedies, etc. Cumulative.
  No Waiver, etc.




---



##### 



MISCELLANEOUS
 Notices.
  Amendments; Waivers.
  Cumulative Remedies.




---



##### 



Severability.
      Successors and Assigns.
  Applicable Law; Jurisdiction.
 Applicable Law.
  Submission to Jurisdiction.




---



##### 



Headings.
  Entire Agreement.
  Waiver of Trial by Jury.
 CORPORATION AND ADMINISTRATIVE AGENT HEREBY JOINTLY AND SEVERALLY WAIVE TRIAL BY JURY IN
ANY ACTION OR PROCEEDING TO WHICH BORROWER AND AGENT MAY BE PARTIES, ARISING OUT OF OR IN
ANY WAY PERTAINING TO (A) THIS AGREEMENT, (B) ANY OF THE LOAN DOCUMENTS, OR (C) THE STOCK
COLLATERAL. THIS WAIVER CONSTITUTES A WAIVER OF TRIAL BY JURY OF ALL CLAIMS AGAINST ALL
PARTIES TO SUCH ACTIONS OR PROCEEDINGS, INCLUDING CLAIMS AGAINST PARTIES WHO ARE NOT PARTIES TO
THIS AGREEMENT.
  Liability of Administrative Agent.




---



##### 



WITNESS:
    
    
    
    SUNRISE SENIOR LIVING, INC.Kelly A. Levan
    
    
    
    By:
    
    /s/ Bradley B. Rush
    
    (SEAL)Name:
    
    Bradley B. RushTitle:
    
    Chief Financial Officer




---



##### 



IRREVOCABLE STOCK POWER
  
 
 
 SUNRISE SENIOR LIVING, INC.Dated:
    
    
    
    
    
    By:Name:Title:
0 

Eliot Elisofon Warren M. Robbins 

Photographic Archives Library (by 

(by appointment only) appointment only) 

Workshop 

Special Exhibition Gallery 

Lecture Hall 

SUBLEVEL 2 

SUBLEVEL 1 

Sylvia H. Williams 

Gallery 

Exhibition Gallery

Museum 

Store 

Special

Exhibition 

Gallery 

Mezzanine 

Disney-Tishman

Collection 

Exhibition Gallery

Overlook to 

2nd Level 

Exhibition Gallery 

To 

Sackler 

STREET LEVEL Enid A. Haupt Garden 

ENTRANCE 

Smithsonian

National Museum of African Art 

SUBLEVEL 3 

Selections from 

the Collections To Ripley 

Center 

© 2012 essential media partners 

BABY CHANGING STATION MUSEUM STORE 

CLOAKROOM/LOCKERS RESTROOMS 

ELEVATOR STAIRS 

ENTRANCE WHEELCHAIR ACCESS 

INFORMATION
**Exhibit 31.2**
CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
I, Ernest A. Bates, M.D., certify that:
1. I have reviewed this quarterly report on Form 10-Q of American SharedHospital Services;
2. Based on my knowledge, this quarterly report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; and
b) [Paragraph omitted pursuant to SEC Release Nos. 33-8238 and 34-47986;] and
c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
d) Disclosed in this report any changes in the registrant’s internal controlover financial reporting that occurred during registrant’s most recent fiscalquarter (or the fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting;
5. The registrant’s other certifying officers and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent function):
a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant’s internal controlsover financial reporting.
May 14, 2004     /s/ Ernest A. Bates, M.D.Ernest A. Bates, M.D.Chief Executive 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________________

No. 99-40180

Summary Calendar

_______________________

NORMA LEE GARZA

Plaintiff - Appellant,

V.

TEXAS DEPARTMENT OF HEALTH

Defendant - Appellee.

______________________________________________________

Appeal from the United States District Court for the

Southern District of Texas

(M-98-CV-6)

______________________________________________________

April 10, 2000

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:*

Plaintiff, a Hispanic female, filed this Title VII action

and complains that Defendant-Appellee Texas Department of Health

(“TDH”) discriminated against her in hiring an Anglo male.

The district court granted summary judgment in favor of TDH. 

The district court held that, although Plaintiff did establish a

prima facie case of discrimination, the Defendant offered

legitimate, non-discriminatory reasons for the hiring of the

Anglo male. The district court further held that Plaintiff

failed to show either that the hiring process was discriminatory
or that the reasons for the hire were pretextual. 

After reviewing the record we agree with the district court

that, although Plaintiff made out a prima facie case, the

Defendant proffered non-discriminatory reasons for hiring the

Anglo male. Plaintiff failed to produce evidence that refuted

those reasons. We AFFIRM the district court’s grant of summary

judgment in favor of Defendant.
### TEXA S COU RT O F AP PEAL S, THIR D DISTRIC T, AT AU STIN NO. 03-01-00237-CR Juan Caudana, Appell ant

v. The State of Texas , Appellee FROM THE DISTRICT CO URT OF TRAVIS COUNTY, 167T H JUDICIAL DIST RICT NO. 006722, H ONORABLE MICHAEL LYNCH, JUDGE PRESIDING

A j ury f oun d a ppe l l an t Ju an Ca uda na gui l ty of m ul ti ple c oun ts of aggravated sexua

l as sa ult of a chi

ld, i ndecen cy wit h a chi l d by

contact, and

i nde cen cy wi th a chi l d by ex posure . See Te x. Pen. Code Ann. §§ 21. 11, 22. 021 (West Su pp. 2002 ). In his sole p oi n t of e rr or , a ppe llant contends t he sixt y-five-year t er m of impriso nment impo sed by the j ury for the aggravated sex

ual as sa ult s is gr o ss ly dis pr o po r t io na t e t o t he o ffen se s. We will a ffir m.

The Eight h Amendment has be en hel d to pr o hibit pu nish men t s t ha t ar e g r o ss ly di sprop orti

on ate to the offense. U.S . Co nst. amend. V II I; Solem v. He lm , 463 U .S. 277, 2 87 (19 83); Hutto v. Finney , 437 U. S. 6 78, 6 85 (1 978) . Under the S upre me Court ’s dispropor tionali ty anal ysi s, we must co nsider t he gr avity o f the offense and t he harsh ness of the pena

lty, the sentences

im posed on ot her cri mi nal s i n the sam e j urisdi ction, and the s entences

im posedfor t he co mmiss io n o f t he sa me cr ime inother j uri sdi

cti ons. Solem v. He lm , 46 3 U. S. at 292 ; see McG ruder v. Puck ett , 954 F.2d 313, 316 (5th Cir. 1992) (revi ewi ng Solem v. He lm and Harmelin v. Michigan , 501 U .S. 957 (1 991)).2 The evi dence i n thi s cause sh

ows that appellant sexual ly assaul ted his stepdaughter r ep ea t ed ly

over a three-year peri

od, som eti mes a t kni f epoi nt. He t hr ea t en ed t o kill he ran d h er family if she disclosed hi s acts. Appel la nt had previ

ous conv i cti ons f or phy sical l y ass aul tiv e b eh avi or. Giv

en t his evi dence, we do not belie

ve that the puni shm

ent im posedby the j ur

y i s g ros sl y di sprop orti

on ate to the of f en se s. F urth er, the rec ord c onta

i ns no i nf orm ati on by w hic h w e c o uld compare appellant’s sentence to sente nc esf orsi m i l ar of f en se s i n Trav i s C oun ty or oth er j urisd

i cti ons . The p oi

nt of err or is overruled. The di stri ct court prep ared s epara te j udgm en ts f or each coun t. Th e j ud gm

en ts are aff irm ed.

__________________________________________ Mari ly n A boussie, Chief J

ustice Bef ore Chi ef J

ustice A boussie, Justices

B. A. Sm ith an d Puryear Af fi rmed File d: February

22, 2002 Do No t Publis

h
#### Oscar I. Mayer v. William W. Penfield. William J. Sweeney v. Douglas Copper Company. Morris Florea v. Harry Kramer.

Applications granted. Orders signed.
Case: 19-30088 Doc# 2554 Filed: 06/14/19 Entered: 06/14/19 16:09:27 Page 1 of

4
Case: 19-30088 Doc# 2554 Filed: 06/14/19 Entered: 06/14/19 16:09:27 Page 2 of

4
Case: 19-30088 Doc# 2554 Filed: 06/14/19 Entered: 06/14/19 16:09:27 Page 3 of

4
Case: 19-30088 Doc# 2554 Filed: 06/14/19 Entered: 06/14/19 16:09:27 Page 4 of

4
MOTION FOR EXTENSION OF TIME Page 1 of 1

IN THE SUPREME COURT OF THE STATE OF MONTANA

*****

CREATIVE GAMES STUDIO LLC and 

RICARDO BACH CATER

 Appellants,

v.

DANIEL ALVES

 Appellee.

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

)

SUPREME COURT NO. DA 23-0294

ORDER GRANTING 

UNOPPOSED MOTION FOR 

EXTENSION OF TIME

AND NOW, upon consideration of Appellants’, Creative Games Studio LLC and 

Ricardo Bach Cater, Unopposed Motion for Extension of Time, and good cause shown, it is 

hereby ORDERED that Appellants’ Motion is GRANTED.

IT IS FURTHER ORDERED that Appellants’ deadline on which to file its opening 

brief is October 13, 2023. 

By:

CLERK OF COURT

 

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

September 7 2023

09/07/2023

Case Number: DA 23-0294
Exhibit 23.1
                                  ------------

INDEPENDENT AUDITORS' CONSENT



We consent to the incorporation by reference in the Registration Statements of
Netsmart Technologies, Inc. and Subsidiaries (the "Company") on Form S-3 (File
No. 333-91907) and Form S-8 (File No. 333-96015) of our report dated February 3,
2003 on our audit of the consolidated financial statements of the Company as of
December 31, 2002, and for the year then ended which report is included in this
Annual Report on Form 10-K/A.

/s/Marcum & Kliegman LLP
------------------------
Marcum & Kliegman LLP
Woodbury, New York
August 20, 2003

<PAGE>


                                  Exhibit 23.1
                                  ------------

INDEPENDENT AUDITORS' CONSENT



We consent to the incorporation by reference in these Registration Statements of
Netsmart Technologies, Inc. (the "Company") on Form S-3 (File No. 333-91907) and
Form S-8 (File Nos. 333-96015 and 333-101474) of our report dated February 15,
2002 on our audits of the consolidated financial statements of the Company as of
December 31, 2001, and for each of the years in the two year period ended
December 31, 2001, which report is included in this Annual Report on Form
10-K/A. In addition, we consent to the reference to us under the heading
"Experts" in the Registration Statements.

/s/Eisner LLP
--------------------
Eisner LLP

New York, New York
June 16, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS, CONSOLIDATED STATEMENTS OF INCOME AND CONSOLIDATED
STATEMENTS OF CASH FLOWS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1996
<PERIOD-START>                             APR-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                             191
<SECURITIES>                                         0
<RECEIVABLES>                                    5,794
<ALLOWANCES>                                       167
<INVENTORY>                                      5,617
<CURRENT-ASSETS>                                12,518
<PP&E>                                          14,304
<DEPRECIATION>                                   5,630
<TOTAL-ASSETS>                                  35,731
<CURRENT-LIABILITIES>                           18,027
<BONDS>                                          9,392
<COMMON>                                           321
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                       6,018
<TOTAL-LIABILITY-AND-EQUITY>                    35,731
<SALES>                                              0
<TOTAL-REVENUES>                                19,202
<CGS>                                                0
<TOTAL-COSTS>                                   17,225
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,383
<INCOME-PRETAX>                                    594
<INCOME-TAX>                                        28
<INCOME-CONTINUING>                                565
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       565
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                     0.02
        

</TABLE>
<PAGE>

                                                                      EXHIBIT 11
 
                        COMMERCIAL FEDERAL CORPORATION
                       COMPUTATION OF EARNINGS PER SHARE
                                  (UNAUDITED)

COMPUTATION OF INCOME PER COMMON AND COMMON EQUIVALENT SHARES:

<TABLE>
<CAPTION>
                                                         Three Months Ended         Six Months Ended
                                                             December 31,             December 31,
                                                      ------------------------  ------------------------
                                                          1995         1994         1995         1994
                                                      -----------  -----------  -----------  -----------
<S>                                                   <C>          <C>          <C>          <C>
Net income..........................................  $11,863,631  $ 2,181,230  $23,108,108  $ 3,448,893
                                                      ===========  ===========  ===========  ===========
PRIMARY:
--------
 
Weighted average common shares outstanding..........   14,314,392   14,150,001   14,301,929   14,153,774
Add shares applicable to stock options
 using average market price.........................      224,456      229,374      233,114      242,147
                                                      -----------  -----------  -----------  -----------
Total average common and common equivalent
 shares outstanding.................................   14,538,848   14,379,375   14,535,043   14,395,921
                                                      ===========  ===========  ===========  ===========
 
Net income per common and common equivalent share...  $       .82  $       .15  $      1.59  $       .24
                                                      ===========  ===========  ===========  ===========
 
 
FULLY DILUTED (1):
-----------------
 
Weighted average common shares outstanding..........   14,314,392   14,150,001   14,301,929   14,153,774
Add shares applicable to stock options
 using the period-end market price
 if higher than average market price
 and other dilutive factors.........................      230,878      229,374      241,813      242,147
                                                      -----------  -----------  -----------  -----------
Total average common and common equivalent
 shares outstanding assuming full dilution..........   14,545,270   14,379,375   14,543,742   14,395,921
                                                      ===========  ===========  ===========  ===========
 
Net income per common share assuming full dilution..  $       .82  $       .15  $      1.59  $       .24
                                                      ===========  ===========  ===========  ===========
</TABLE>

(1) This calculation is submitted in accordance with Regulation S-K Item
    601(b)(11) although not required by footnote 2 to paragraph 14 of APB
    Opinion No. 15 because it results in dilution of less than 3%.
Exhibit 35.1
                              INDYMAC BANK, F.S.B.

          INDYMAC HOME EQUITY MORTGAGE LOAN ASSET-BACKED TRUST, SERIES
                                     2006-H4

      The undersigned, a duly authorized representative of IndyMac Bank, F.S.B.
("IndyMac Bank"), pursuant to the Sale and Servicing Agreement dated as of
December 12, 2006 (the "Agreement"), among IndyMac ABS, Inc., a Delaware
corporation, as depositor, IndyMac Home Equity Mortgage Loan Asset-Backed Trust,
Series 2006-H4 (the "Trust"), IndyMac Bank, F.S.B., a federally chartered bank,
as seller and servicer (in such capacity, the "Seller" and "Servicer"), and
Deutsche Bank National Trust Company, a national banking association, as
Indenture Trustee on behalf of the Class A Noteholders (in such capacity, the
"Indenture Trustee"), does hereby certify that:

      IndyMac Bank is, as of the date hereof, the Servicer under the Agreement.
Capitalized terms used in this Certificate have their respective meanings as set
forth in the Agreement.

1.    The undersigned is a Servicing Officer who is duly authorized pursuant to
      the Agreement to execute and deliver this Certificate to the Indenture
      Trustee.

2.    A review of the activities of the Servicer during the period from the
      Closing Date to December 31, 2006, and of its performance under the
      Agreement, was conducted under my supervision.

3.    Based on such review, the Servicer has, to the best of my knowledge,
      fulfilled all of its obligations in all material respects under the
      Agreement throughout the period from the Closing Date to December 31,
      2006, and no default in the performance of such obligations has occurred
      or is continuing.

                                        1
<PAGE>


IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 16th
day of March 2007.

                                         INDYMAC BANK, F.S.B.
                                         as Servicer,

                                         By: /s/ Gary D. Clark
                                            ------------------------------------
                                            Name:  Gary D. Clark
                                            Title: EVP, CEO Home Equity Division

                                       2
Court of Appeals

Sixth Appellate District of Texas

J U D G M E N T

Franklin Coy Kuhl, Jr., Appellant

No. 06-15-00188-CR v.

The State of Texas, Appellee

Appeal from the 8th District Court of 

Hopkins County, Texas (Tr. Ct. No. 

1423952). Opinion delivered by Justice 

Burgess, Chief Justice Morriss and Justice 

Moseley participating.

As stated in the Court’s opinion of this date, we find no error in the judgment of the court 

below. We affirm the judgment of the trial court.

We note that the appellant, Franklin Coy Kuhl, Jr., has adequately indicated his inability 

to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED JUNE 16, 2016

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk