alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This disposition is nonprecedential.

 

United States Court of Appeals 

for the Federal Circuit ______________________ 

SRM GROUP, INC.,

Appellant

v.

SECRETARY OF THE DEPARTMENT OF 

HOMELAND SECURITY,

Appellee

______________________ 

2021-2104

______________________ 

Appeal from the Civilian Board of Contract Appeals in 

Nos. 5194, 5938, Administrative Judge Catherine B. Hyatt, 

Administrative Judge Harold D. Lester, Jr., Administrative Judge Jeri Kaylene Somers. 

______________________ 

JUDGMENT

______________________ 

G. SCOTT WALTERS, Smith, Currie & Hancock LLP, Atlanta, GA, argued for appellant. Also represented by 

ALEXANDER GORELIK, JACOB WILLIAM SCOTT, Washington, 

DC. 

 P. DAVIS OLIVER, Commercial Litigation Branch, Civil 

Division, United States Department of Justice, 

Case: 21-2104 Document: 32 Page: 1 Filed: 04/12/2022
Washington, DC, argued for appellee. Also represented by 

BRIAN M. BOYNTON, PATRICIA M. MCCARTHY. 

 ______________________ 

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED: 

 PER CURIAM (DYK, REYNA, and TARANTO, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 

 ENTERED BY ORDER OF THE COURT 

 

April 12, 2022 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 21-2104 Document: 32 Page: 2 Filed: 04/12/2022
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5682 Received in Senate (RDS)]

113th CONGRESS
  2d Session
                                H. R. 5682

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 17, 2014

                                Received

_______________________________________________________________________

                                 AN ACT

 
                  To approve the Keystone XL Pipeline.

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

SECTION 1. KEYSTONE XL APPROVAL.

    (a) In General.--TransCanada Keystone Pipeline, L.P. may construct, 
connect, operate, and maintain the pipeline and cross-border facilities 
described in the application filed on May 4, 2012, by TransCanada 
Corporation to the Department of State (including any subsequent 
revision to the pipeline route within the State of Nebraska required or 
authorized by the State of Nebraska).
    (b) Environmental Impact Statement.--The Final Supplemental 
Environmental Impact Statement issued by the Secretary of State in 
January 2014, regarding the pipeline referred to in subsection (a), and 
the environmental analysis, consultation, and review described in that 
document (including appendices) shall be considered to fully satisfy--
            (1) all requirements of the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.); and
            (2) any other provision of law that requires Federal agency 
        consultation or review (including the consultation or review 
        required under section 7(a) of the Endangered Species Act of 
        1973 (16 U.S.C. 1536(a))) with respect to the pipeline and 
        facilities referred to in subsection (a).
    (c) Permits.--Any Federal permit or authorization issued before the 
date of enactment of this Act for the pipeline and cross-border 
facilities referred to in subsection (a) shall remain in effect.
    (d) Federal Judicial Review.--Any legal challenge to a Federal 
agency action regarding the pipeline and cross-border facilities 
described in subsection (a), and the related facilities in the United 
States, that are approved by this Act, and any permit, right-of-way, or 
other action taken to construct or complete the project pursuant to 
Federal law, shall only be subject to judicial review on direct appeal 
to the United States Court of Appeals for the District of Columbia 
Circuit.
    (e) Private Property Savings Clause.--Nothing in this Act alters 
any Federal, State, or local process or condition in effect on the date 
of enactment of this Act that is necessary to secure access from an 
owner of private property to construct the pipeline and cross-border 
facilities described in subsection (a).

            Passed the House of Representatives November 14, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
EXHIBIT
12.1
   RATIO
OF EARNINGS TO FIXED CHARGES AND PREFERRED SHARE DIVIDENDS
   The
following table sets forth our consolidated ratios:
 Year
      ended
                December 31, 2009 (2)
              
              Year
      ended
                December
      31, 2008Ratio
      of Earnings to Fixed Charges (1)
              28.77Deficiency
      of earnings to fixed charges ($000)
              —
              
              $94, 178 (3)
  (1) The ratio of
earnings to fixed charges was determined by dividing consolidated earnings by
total fixed charges. For purposes of the ratios of earnings to fixed charges (i)
earnings consist of consolidated net income before considering income taxes,
non-controlling interest and fixed charges and (ii) fixed charges consist of
interest on indebtedness, interest expense on funds withheld from reinsurers and
that portion of rent expense that is deemed by our management to be an
appropriate interest factor. We have estimated that one-third of rent expense
represents a reasonable approximation of the interest factor.
  (2) No preferred
shares were outstanding during the year ended December 31, 2009 and 2008, and no
preferred share dividends were paid during those periods.
  (3) For
the year ended December 31, 2008, earnings were insufficient to cover fixed
charges by $94.2 million. This was largely due to realized and unrealized
investment losses incurred during the year ended December 31, 2008.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 30410 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

MICHAEL A. WEBB

,

Defendant

- Appellant

Appeal s from the United States District Court for the Western District of Louisiana USDC No. 5:14

- CR

- 198

- 1

Before DAVIS, SMITH, and PRADO, Circuit Judges

. PER CURIAM: *

The attorney appointed to represent Michael A. Webb has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California

, 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).

Webb h a s not filed a response. We have reviewed counsel’s b rief and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

* 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 17, 2016
Lyle W. Cayce Clerk Case: 15-30410 Document: 00513383694 Page: 1 Date Filed: 02/17/2016No. 15

- 30410

2 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is

excused fr om further responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR

. R. 42.2. Case: 15-30410 Document: 00513383694 Page: 2 Date Filed: 02/17/2016
Exhibit 99.2

                            CERTIFICATION PURSUANT TO
                      SECTION 1350, CHAPTER 63 OF TITLE 18
                           OF THE UNITED STATES CODE,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly  Report of YSEEK,  Inc. (the "Company") on Form
10QSB for the  period  ending  June 30,  2002 as filed with the  Securities  and
Exchange  Commission on the date hereof (the "Report"),  I, Bruce Hammil,  Chief
Financial Officer of the Company,  certify,  pursuant to 18 U.S.C. section 1350,
as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully complies with the  requirements  of Section 13 (a) or
          15 (d) of the Securities Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Company.

/s/Bruce Hammil
Bruce Hammil
Chief Financial Officer
August 13, 2002
[Federal Register Volume 60, Number 239 (Wednesday, December 13, 1995)]
[Notices]
[Pages 64043-64044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30315]



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

DEPARTMENT OF ENERGY
[Docket No. RP95-396-003]


Tennessee Gas Pipeline Company; Notice of Motion Filing

December 7, 1995.
    Take notice that on December 1, 1995, Tennessee Gas Pipeline 
Company (Tennessee) in accordance with the Commission's Order Accepting 
Stipulation and Agreement With Modifications issued November 1, 1995 in 
the captioned docket, filed to move the following tariff sheets into 
effect as of January 1, 1996:

Second Revised Sheet No. 203
Second Revised Sheet No. 204
Fourth Revised Sheet No. 205
First Revised Sheet No. 205A
Original Revised Sheet No. 205B
First Revised Sheet No. 206
First Revised Sheet No. 209
First Revised Sheet No. 209A
Third Revised Sheet No. 210
Second Revised Sheet No. 211
First Revised Sheet No. 211A
Third Revised Sheet No. 212
First Revised Sheet No. 217
Second Revised Sheet No. 227
Original Sheet No. 227A
Second Revised Sheet No. 314
Original Sheet Nos. 314 A-C
Second Revised Sheet No. 315
First Revised Sheet No. 393
Original Sheet No. 393A
Third Revised Sheet No. 397A
Original Sheet No. 397B
Third Revised Sheet No. 398

    Tennessee states that these tariff sheets place into effect Phase I 
of the Stipulation and Agreement filed on July 25, 1995 and approved in 
the November 1, Order. Specifically, the filed tariff sheets reflect: 
(1) adoption of a new ``bumping'' policy governing the rights of firm 
shippers to interrupt interruptible shippers with mid-day nomination 
changes, (2) provision of additional flexibility for hourly 

[[Page 64044]]
nominations to certain shippers, (3) reduction of the currently 
effective ``zone proximity'' requirements, (4) recovery of third party 
short term storage costs through the cash out mechanism, and (5) 
establishment of a Maximum Allowed Volume (AMAV) that addresses 
unauthorized overruns at delivery points by establishing firm 
entitlements under Operational Balancing Agreements held by delivery 
point operators.
    Any person desiring to protest with reference to said filing should 
file a protest with the Federal Energy Regulatory Commission, 888 First 
Street N.E., Washington, D.C. 20526, in accordance with Section 211 of 
the Commission Rules of Practice and Procedure, 18 CFR 385.211. 
Pursuant to Section 154.210 of the Commission's Regulations, all such 
protests should be field not later than 12 days after the date of the 
filing noted above. Protests will be considered by the Commission in 
determining the appropriate action to be taken, but will not serve to 
make protestants parties to this proceeding. Copies of this filing are 
on file and available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 95-30315 Filed 12-12-95; 8:45 am]
BILLING CODE 6717-01-M
**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Ronorrbla John 3. Prltobott, 

### Yomkr Bonrd of Vata? Bnn(iw*rr 

### MJstln, Teur 

### DbrrSir:

Toti reqo*r$ for r*o.i+wl br thir offioo.



### the **third doyoo**  **br** oonuguinlt~ 

### to the prron DOrp olntln(l or 

### 80 vot%ng or 

### to any 

### other ~a

### bet of maoh

Mud, 

### tbo La haturn, or 

### aour of whlrh 

### ruoh

puma l

o l pp0 Ll tin& Or VOtily Or? b. l me-r , w hoa



### the l alorl, 

### fooa,

or oomponrltloa 

### of rooh l ppolntea ia 80 **bo** pal0 for, blroot4 or 

### lldlrbrtl~, out of or from p&lie fun& 

### or foor of oftlor of l

y kind or ohrwter whaUo@vu.~
Exhibit 32.2



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 Unizan Financial Corp.s (the
Company) Quarterly Report on Form 10-Q for the period ending March 31, 2005, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kim M. Taylor, Chief Financial Officer of the Company,
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |                                      
|----------------- |  | -------------------------------------
|Date: May 5, 2005 |  | /s/ KIM M. TAYLOR                    
|                  |  | Kim M. Taylor Chief Financial
Officer
```

[Federal Register Volume 60, Number 238 (Tuesday, December 12, 1995)]
[Notices]
[Page 63712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30105]

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

ENVIRONMENTAL PROTECTION AGENCY
[FRL-5343-6]

Proposed Administrative Settlement Pursuant to the Comprehensive 
Environmental Response, Compensation and Liability Act, as Amended by 
the Superfund Amendments and Reauthorization Act; In Re Chicago 
Industrial Waste Haulers, Alsip, IL

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with Section 122(h)(1) of the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980 
(``CERCLA''), as amended, notice is hereby given of a proposed 
administrative settlement concerning the recovery of past response cost 
at the Chicago Industrial Waste Haulers Site (``CIWH'') in Alsip, 
Illinois (the ``Site''). This settlement requires respondent to pay 
specified amounts of money to reimburse the U.S. Environmental 
Protection Agency for past response costs incurred at the Site.

DATES: Comments must be submitted on or before January 11, 1996.

ADDRESSES: Comments should be addressed to the Docket Clerk, Mail Code 
MFA-10J, U.S. Environmental Protection Agency, Region V, 77 West 
Jackson Boulevard, Chicago, Illinois, 60604-3590, and should refer to: 
In Re Chicago Industrial Waste Haulers, Alsip, Illinois, U.S. EPA 
Docket No. V-W-96-C-324.

FOR FURTHER INFORMATION CONTACT:
Nancy-Ellen Zusman, U.S. Environmental Protection Agency, Assistant 
Regional Counsel (C-29A), 77 W. Jackson Blvd., Chicago, Illinois 60604, 
(312) 886-5825.

SUPPLEMENTARY INFORMATION: The party listed below has executed binding 
certification of its consent to participate in the settlement.
    The Respondent will pay approximately $75,000.000 in settlement 
payments for response costs related to the CIWH Site. Should CIWH miss 
a payment, the entire balance would become immediately due and owing.
    Respondent: Chicago Industrial Waste Haulers.
    The Environmental Protection Agency will receive written comments 
relating to this settlement for thirty days from the date of 
publication of this Notice.
    A copy of the settlement agreement and additional background 
information relating to the settlement are available for review and may 
be obtained in person or by mail from Nancy-Ellen Zusman, Assistant 
Regional Counsel (C-29A), 77 W. Jackson Blvd., Chicago, Illinois 60604.

    Authority: The Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980, as amended, 42 U.S.C. 
Sections 9601 et seq.
William E. Muno,
Director, Superfund Division.
[FR Doc. 95-30105 Filed 12-11-95; 8:45 am]
BILLING CODE 6560-50-M
```
ex4-2.htm


EXHIBIT 4.2



 

 


CERTIFICATE OF AMENDMENT

 

OF THE

 

CERTIFICATE OF INCORPORATION

 

OF

 

CONSTELLATION BRANDS, INC.





Under Section 242 of the Delaware General Corporation Law





 

Pursuant to the provisions of Section 242 of the Delaware General Corporation Law, the undersigned, being an authorized person of the Corporation, hereby certifies and sets forth as follows:





1.            The name of the Corporation is Constellation Brands, Inc. (the “Company”).





2.            The name under which the Company was originally incorporated is Canandaigua Wine Company, Inc. and the date of filing of the original certificate of incorporation of the Company with the Secretary of State of the State of Delaware is December 4, 1972.





3.            Pursuant to Section 242 of the Delaware General Corporation Law, the certificate of incorporation of the Company is hereby amended to increase the number of authorized shares of the Class A Common Stock of the Company from 315,000,000 shares to 322,000,000 shares and
to increase the number of authorized shares of the Class 1 Common Stock of the Company from 15,000,000 shares to 25,000,000 shares, thereby increasing the total number of shares of stock which the Company has authority to issue from 361,000,000 shares to 378,000,000 shares.  To effect this amendment, Article 4 of the restated certificate of incorporation is hereby amended to read in its entirety as follows:





  “4.          Capitalization:  General Authorization.  The total number of shares of stock which the Corporation shall have authority to issue is Three Hundred Seventy-Eight Million (378,000,000)
consisting of:

 

 (a)   Class A Common.  Three Hundred Twenty-Two Million (322,000,000) shares designated as Class A Common Stock, having a par value of One Cent ($.01) per share (the “Class A Common”);

 

 (b)    Class B Common.  Thirty Million (30,000,000) shares designated as Class B Common Stock, having a par value of One Cent ($.01)
per share (the “Class B Common”);

 

 (c)   Class 1 Common.  Twenty-Five Million (25,000,000) shares designated as Class 1 Common Stock, having a par value of One Cent ($.01) per share (the “Class 1 Common”);
and

 

 (d)   Preferred Stock.  One Million (1,000,000) shares designated as Preferred Stock, having a par value of One Cent ($.01) per share (the “Preferred Stock”).”





4.            The foregoing amendment has been duly adopted by the stockholders in accordance with the provisions of Section 242 of the General Corporation Law of the State of Delaware.





IN WITNESS WHEREOF, the undersigned has executed this Certificate of Amendment as of the 23rd day of July, 2009.

 

 

/s/ Robert Sands               

Robert Sands, President and Chief Executive Officer
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5699 Received in Senate (RDS)]

113th CONGRESS
  2d Session
                                H. R. 5699

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2014

                                Received

_______________________________________________________________________

                                 AN ACT

 
To authorize the Secretary of the Interior to acquire approximately 44 
     acres of land in Martinez, California, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``John Muir National Historic Site 
Expansion Act''.

SEC. 2. JOHN MUIR NATIONAL HISTORIC SITE LAND ACQUISITION.

    (a) Acquisition.--The Secretary of the Interior may acquire by 
donation the approximately 44 acres of land, and interests in such 
land, that are identified on the map entitled ``John Muir National 
Historic Site Proposed Boundary Expansion'', numbered 426/127150, and 
dated November, 2014.
    (b) Boundary.--Upon the acquisition of the land authorized by 
subsection (a), the Secretary of the Interior shall adjust the 
boundaries of the John Muir Historic Site in Martinez, California, to 
include the land identified on the map referred to in subsection (a).
    (c) Administration.--The land and interests in land acquired under 
subsection (a) shall be administered as part of the John Muir National 
Historic Site established by the Act of August 31, 1964 (Public Law 88-
547; 78 Stat. 753; 16 U.S.C. 461 note).
    (d) Date Certain.--The authority provided in subsections (a), (b), 
and (c) shall apply only if the lands identified on the map entitled 
``John Muir National Historic Site Proposed Boundary Expansion'' are 
held in title by the Muir Heritage Land Trust by May 31, 2015.

            Passed the House of Representatives December 11, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
#### Bailey Hobbs, Respondent, v. Henry W. Bashford, Appellant.

Order affirmed, with costs and disbursements. Opinion by

Pratt, J.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION FOR EN BANC RECONSIDERATION

Appellate case name: Eduardo Vargas Balanzar v. The State of Texas

Appellate case number: 01-19-00168-CR

Trial court case number: 81706-CR (Counts I, II, and III)

Trial court: 239th District Court of Brazoria County

Date motion filed: November 6, 2020

Party filing motion: Appellant

The en banc court has unanimously voted to deny appellant’s motion for en banc 

reconsideration. It is ordered that the motion is denied.

Judge’s signature: ___/s/ Julie Countiss_________

Acting for the En Banc Court

* En banc court consists of Chief Justice Radack and Justices Keyes, Lloyd, Kelly, Goodman, 

Landau, Hightower, Countiss, and Adams.

Date: December 22, 2020