alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-30005

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

KENVALLENO DIXON, also known as Kenvallen Dixon, also known as 

King,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Louisiana

USDC: 5:15-CR-160-1

Before REAVLEY, CLEMENT, and HO, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Kenvalleno Dixon

has moved for leave to withdraw and has filed briefs in accordance with Anders 

v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 

(5th Cir. 2011). Dixon has not filed a response. We have reviewed counsel’s 

briefs and the relevant portions of the record reflected therein. We concur with 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

February 20, 2018

Lyle W. Cayce

Clerk

 Case: 17-30005 Document: 00514353813 Page: 1 Date Filed: 02/20/2018
No. 17-30005

2

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review. Accordingly, counsel’s motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 17-30005 Document: 00514353813 Page: 2 Date Filed: 02/20/2018
#### GREENVILLE ICE AND COAL COMPANY v. H. C. VENTERS.

(Filed 29 September, 1926.)

Contracts — Statute of Frauds — Direct Obligation to Pa.y Debt of Another.

An original or direct promise to pay for a commodity or merchandise on the order of the promissor does not fall within the meaning of our statute of frauds, requiring the promise to be in writing to bind the promissor.

Civil aotioN, tried before *Nunn, J.,*and a jury, at May Term, 1926, of Pitt.

The plaintiff instituted an action against the defendant to recover the purchase price of certain coal sold by the plaintiff to the defendant, but delivered to the Greenville Shelmardine Eailroad. There was evidence tending to show that the defendant came to the office of the plaintiff and requested the plaintiff to furnish to the railroad such coal as might be required, and that he would pay therefor. The defendant denied that he had made any such contract with the plaintiff, but that the coal had been purchased for the use of a railroad in which the defendant was interested, and the debt was the obligation of the railroad.

*812Issues were submitted to tbe jury and answered in favor of tbe plaintiff.

From judgment on tbe verdict tbe defendant appealed.

*Albion Dunn for plaintiff.*

*L. W. Gaylord for defendant.*

Per Curiam.

Tbe only question of law presented is whether or not tbe debt was tbe original obligation of tbe defendant or whether be was secondarily liable tbereon.

The only exception in the record is to an excerpt from tbe charge of the trial judge as follows: “Ordinarily, when you become responsible for another’s debt, the contract must be in writing, but, if tbe promise is made before tbe goods, in this instance coal, is supplied, it need not be in writing.”

Tbe next paragraph in tbe judge’s charge is as follows: “So, if you find by the greater weight of tbe evidence, tbe burden being on the plaintiff, by tbe greater weight of the evidence, that tbe defendant promised and agreed to pay for such coal as plaintiff furnished to tbe railroad company, your answer to the first issue would be yes.”

It is too well established to require a citation of authorities that the charge of tbe court must be construed as a whole and in its entirety. Tbe statute of frauds does not apply to an original obligation of the promissor. *Novelty Co. v. Andrews,*188 N. C., 59; *Jenkins v. Holley,*140 N. C., 379; *Peele v. Powell,*156 N. C., 553.

Tbe trial judge properly left with tbe jury tbe determination of tbe question as to whether tbe defendant expressly promised to pay the debt in litigation. Tbe jury has determined that issue in favor of the plaintiff.

No error.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 23, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-1156

Kohler Co:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn

General Counsel
[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Notices]
[Page 13140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5890]



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

DEPARTMENT OF ENERGY
[Docket No. TM95-3-28-000]


Panhandle Eastern Pipe Line Co.; Notice of Proposed Changes in 
FERC Gas Tariff

March 6, 1995.
    Take notice that on March 1, 1995, Panhandle Eastern Pipe Line 
Company (Panhandle) tendered for filing to become part of its FERC Gas 
Tariff, First Revised Volume No. 1, the following revised tariff sheets 
listed on Appendix A hereto. The proposed effective date of these 
revised tariff sheets is April 1, 1995.
    Panhandle states that this filing is made in accordance with 
Section 24 (Fuel Reimbursement Adjustment) of the General Terms and 
Conditions in Panhandle's FERC Gas Tariff, First Revised Volume No. 1. 
The revised tariff sheets filed herewith reflect the following changes 
to the Fuel Reimbursement Percentages:

(1) A .01% increase in the Gathering Fuel Reimbursement Percentage;
(2) A .08% increase in the Field Zone Fuel Reimbursement Percentage;
(3) No change in the Market Zone Fuel Reimbursement Percentage;
(4) No change in the Field Area Storage Percentages; and
(5) No change in the Market Area Storage Percentages.

    Panhandle states that copies of this filing have been served on all 
customers subject to the tariff sheets and applicable state regulatory 
agencies.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, N.E., Washington, DC 
20426, in accordance with Sections 385.214 and 385.211 of the 
Commission's Rules and Regulations. All such motions or protests must 
be filed on or before March 13, 1995. Protests will be considered by 
the Commission in determining the appropriate action to be taken, but 
will not serve to make protestants parties to the proceeding. Any 
person wishing to become a party must file a motion to intervene. 
Copies of this filing are on file with the Commission and are available 
for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.

Appendix A--Panhandle Eastern Pipe Line Company, FERC Gas Tariff, First 
Revised Volume No. 1

Effective April 1, 1995

Fourteenth Revised Sheet No. 4
Fourteenth Revised Sheet No. 5
Fourteenth Revised Sheet No. 6
Fourteenth Revised Sheet No. 7
Fourteenth Revised Sheet No. 8

[FR Doc. 95-5890 Filed 3-9-95; 8:45 am]
BILLING CODE 6717-01-M
Exhibit 32.1



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 Adams Golf, Inc., a Delaware corporation (the "Company"), does hereby certify that:
The Quarterly Report on Form 10-Q for the quarter ended September 30, 2006 (the "Periodic Report") of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and the information contained in the Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  | ADAMS GOLF, INC.                     
|----------------------- |  | -------------------------------------
|                        |  |                                      
|Date:  November 7, 2006 |  | By:/S/ OLIVER G. BREWER III          
|                        |  | Oliver G. Brewer, III                
|                        |  | Chief Executive Officer and President
|                        |  |                                      
|Date:  November 7, 2006 |  | By:/S/ ERIC LOGAN                    
|                        |  | Eric Logan                           
|                        |  | Chief Financial Officer              
|                        |  | (Principal Financial Officer)        





The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Periodic Report or as a separate disclosure document
A signed original of this written statement required by Section 906 has been provided to Adams Golf, Inc. and will be retained by Adams Golf, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit
32.1





Section 1350
Certification





Pursuant
to Rule 13a-14(b) (17 CFR §240.13a-14(b)) or Rule 15d-14(b) (17 CFR §240.15d-14(b)) promulgated
under the Securities Exchange Act of 1934, as amended, and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), each of the
undersigned officers of Adams Golf, Inc., (the "Company"), does hereby certify,
to such officer's knowledge that:





(i) the
Quarterly Report on Form 10-Q for the period ended June 30, 2010 (the "Report"), of the
Company fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as applicable, and (ii) the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company as of, and for, the periods
presented in the Report.





Date:
      August 10, 2010
              By:
              /S/ OLIVER G. BREWER IIIOliver
      G. Brewer, IIIChief
      Executive Officer and President(Principal
      Executive Officer)Date:
      August 10, 2010
              By:
              /S/ PAMELA HIGHPamela
      HighInterim
      Chief Financial Officer(Principal
      Financial Officer)





The
foregoing certification is furnished as an exhibit to the Report and will not be
deemed “filed” for purposes of Section 18 of the Securities Exchange Act of
1934, as amended, and will not be deemed to be incorporated by reference into
any filing under the Securities Act or Exchange Act, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.
<PAGE>   1



                                  EXHIBIT 23




                        COBITZ, VANDENBERG & FENNESSY
                         CERTIFIED PUBLIC ACCOUNTANTS
                      7800 WEST 95TH STREET - SUITE 301
                        HICKORY HILLS, ILLINOIS 60457


                                 ---------
                                (708) 430-4106



                        INDEPENDENT AUDITOR'S CONSENT



        We consent to the incorporation by reference in Registration Statement
Nos. 33-58256 and 33-68538 of SuburbFed Financial Corp. on the respective Form
S-8's of our report dated February 7, 1997 appearing in this Annual Report on
Form 10-KSB of SuburbFed Financial Corp. for the year ended December 31, 1996.



                                  /s/ Cobitz, VandenBerg & Fennessy
                                     ------------------------------
                                      Cobitz, VandenBerg & Fennessy


February 21, 1997
Hickory Hills, Illinois
Exhibit 32.2








Certification of CFO pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





I, Michael J. Draper, Chief Financial Officer of the general partner of the General Partner of America First Tax Exempt Investors, L.P., certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:





|    |                                                                                                                                                                                                                      
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|(1) | The Quarterly Report on Form 10-Q of the Partnership for the year endedMarch 31, 2011(the “Report”) fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and




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




Date: May 9, 2011





/s/ Michael J. DraperMichael J. DraperChief Financial Officer





A signed original of this written statement required by Section 906 has been provided to America First Tax Exempt Investors, L.P. and will be retained by America First Tax Exempt Investors, L.P. and furnished to the Securities and Exchange Commission or its staff upon request.
CERTIFICATE OF AMENDMENT
                     TO THE ARTICLES OF INCORPORATION
                                    OF
                        GOURMET HERB GROWERS, INC.

     Pursuant to the applicable provisions of the Nevada Business Corporations
Act, Gourmet Herb Growers, Inc. (the "Corporation") adopts the following
Articles of Amendment to its Articles of Incorporation:
     FIRST:  The present name of the Corporation is Gourmet Herb Growers, Inc.
     SECOND:  The following amendment to its Articles of Incorporation was
adopted by the board of directors and by majority consent of shareholders of
the Corporation in the manner prescribed by applicable law.
     (1)  The Article entitled ARTICLE III - STOCK, is amended to read as
follows:

                             ARTICLE III   STOCK

     The aggregate number of shares which this corporation shall have authority
to issue is 100,000,000 SHARES OF Common Stock having a par value of $.001 per
share and 1,000,000 shares of Preferred Stock having a par value of $.001 per
share. All Common Stock of the corporation shall be of the same class and shall
have the same rights and preferences.  The corporation shall have authority to
issue the shares of Preferred Stock in one or more series with such rights,
preferences and designations as determined by the Board of Directors of the
corporation.  Fully-paid stock of this corporation shall not be liable to any
further call or assessment.

     THIRD:  The number of shares of the Corporation outstanding and entitled
to vote at the time of the adoption of said amendment was 1,600,000.
     FOURTH:  The number of shares voted for such amendments was 1,440,000
(90%) and no shares were voted against such amendment.
     DATED this 31 day of March, 2005.

                                      Gourmet Herb Growers, Inc.


                                      By: /S/ Rino DiMeo
                                          Rino DiMeo, President/Secretary
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4002 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4002

To amend the Equal Credit Opportunity Act to require the collection of 
      small business loan data related to LGBTQ-owned businesses.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2022

Mrs. Gillibrand (for herself and Mr. Padilla) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
To amend the Equal Credit Opportunity Act to require the collection of 
      small business loan data related to LGBTQ-owned businesses.

    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 ``LGBTQ Business Equal Credit 
Enforcement and Investment Act''.

SEC. 2. SMALL BUSINESS LOAN DATA COLLECTION.

    Section 704B of the Equal Credit Opportunity Act (15 U.S.C. 1691c-
2) is amended--
            (1) by inserting ``LGBTQ-owned,'' after ``minority-owned,'' 
        each place the term appears;
            (2) in subsection (e)(2)(G), by inserting ``sexual 
        orientation, gender identity,'' after ``sex,''; and
            (3) in subsection (h), by adding at the end the following:
            ``(7) LGBTQ-owned business.--The term `LGBTQ-owned 
        business' means a business--
                    ``(A) more than 50 percent of the ownership or 
                control of which is held by 1 or more individuals self-
                identifying as lesbian, gay, bisexual, transgender, or 
                queer; and
                    ``(B) more than 50 percent of the net profit or 
                loss of which accrues to 1 or more individuals self-
                identifying as lesbian, gay, bisexual, transgender, or 
                queer.''.
                                 <all>
```
**Exhibit 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in Registration Statements Nos. 33-94026, 33-51234,33-75028, 33-77684, 33-57628, 33-80581, 33-80583, 333-42775, 333-89325, 333-89329, 333-89327, and333-114694 on Form S-8 of our report, relating to the consolidatedfinancial statements and financial statement schedule of Apria Healthcare Group Inc. andsubsidiaries (the “Company”) and the effectiveness ofinternal control over financial reporting of the Company (whichreport expresses an unqualified opinion and includes an explanatoryparagraph relating to the Company’s adoption of Statement ofFinancial Accounting Standards No. 123(R), *Share-BasedPayment and the adoption of the provisions of FinancialAccounting Standards Board Interpretation No. 48, *Accountingfor Uncertainty in Income Taxes — an interpretation of FASBStatement No. 109*) dated February 29, 2008 appearing in this Annual Report on Form 10-K of Apria Healthcare Group Inc. andsubsidiaries for the year ended December 31, 2007.DELOITTE & TOUCHE LLP*
exv4w1






 Exhibit 4.1







	THE CHEFS’ WAREHOUSE, INC. P w” “ ~ I i»H I i M 11 D I IM I I I I s Common Stock Y s — (
tût/... Shar.es -.jutàabeâ M f f K l.” ‘ u j SPECIMEN / •*’ I *THE CHEFS” UEIIOl SL. I ( . i
%ïfecL Date M. 1.1 f> ‘ S’î = ( ‘ ,“l,,,”, “u ‘ ‘v FftOM WffOflf TRAJVSFERRED H -” * Sè% ‘
V> Ûm ©g Sgrep* SPECIMEN : sùjfaetmer fâ ( ( ( c , *shares* m €//M /u/ ûc4 É f ; ) & , JM Y ô
THE CHEFS’WAREHOUSE, INC. / O.ORWMAL NO.ORIGMAL NO.OFSHARES YS g aj J g lé “ m%éÙ%%ÛCERT/FICATE/
/0. âktfè ‘ *’ f fe.. s-j/fCwoço vfà&m K ** : S <gt ê afe gf Sjt» -t -eii à feftfi S a Wsff
wW-qpjw . AJ3»>w»awMrwgni. r sS iâ? ''1?-yC tt ! * y V/ki, . r1 f/ i v i




 









 












	THE SHARES REPRESENTED HEREBY HAVE NOT BEEN ,r < ,( REGÎSTERED OR QUALIFIEDUNDER THE SECURITES
ACT I — , OF 1933, AS AMENDED, OR THE SECURITES LAWS OF CW <50 V K y — J % ANY STATE. SUCH
SHARES HAVE BEEN ACQUIRED FOR V ‘ L “ INVESTMENT PURPOSES ONLY AND MAY BE OFFERED S rv X liv I V
S. P mD SOLD 0NLY W REOISTERED AND QUALIFŒD V Si X i. X PURSUANT TO THE RELEVANT PROVISIONS OF
FEDERAL & S& N h «sh-it, AND STATE SECURITIES LAWS OR IF THE CORPORATION fis. S » Vl I ‘ IS
PROVIDED AN OPINION OF COUNSEL SATISFACTORY •SA lv H, _TA Si) I ‘ fi TO THE CORPORATION THAT
REGISTRATION AND fi1 v 0 ‘ I QUALIFICATION UNDER FEDERAL AND STATE ¦ X -N Vl 4 O / V SECURITIES
LAWS ARE NOT REQUIRED. fl II I Il 4! t If fl; t nu «mis Il ‘ Il t* i V3A31VHM 3SNVHD J.NVU0
ÏN3W30WW3 MO N0I1VH3XW J.nOHllM’HVinOUWdMI3A3NI ‘31VOUI1H30 3H130 30VJ
3H ±N0<mN3J.IMMSV3WVH3H1H1IM dNOdSimOO ±SnW lH3WNSISSVSIHlJ0 3HIUVNSIS3Hl’30U0fJ mm I» i 1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE FORM
10Q FILING AT SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             258
<SECURITIES>                                         0
<RECEIVABLES>                                   23,160
<ALLOWANCES>                                     3,025
<INVENTORY>                                      1,544
<CURRENT-ASSETS>                                27,499
<PP&E>                                          23,435
<DEPRECIATION>                                   9,080
<TOTAL-ASSETS>                                 346,178
<CURRENT-LIABILITIES>                           40,423
<BONDS>                                        175,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      69,818
<TOTAL-LIABILITY-AND-EQUITY>                   346,178
<SALES>                                        115,955
<TOTAL-REVENUES>                               115,955
<CGS>                                           43,356
<TOTAL-COSTS>                                  118,314
<OTHER-EXPENSES>                                  (57)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              14,899
<INCOME-PRETAX>                               (17,201)
<INCOME-TAX>                                   (2,305)
<INCOME-CONTINUING>                           (14,896)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (14,896)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>