alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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. 96-11420

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HARRY LYNN BENNETT,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 5:96-CR-24-1

- - - - - - - - - -

June 26, 1997

Before KING, JOLLY, and DENNIS, Circuit Judges:

PER CURIAM:*

Harry Lynn Bennett appeals his sentence for mail fraud and

tax evasion, arguing that the district court erred in failing to

group, for sentencing purposes, the mail fraud count with the tax

evasion counts, since they are “closely related” counts under

U.S.S.G. § 3D1.2(c). After Bennett filed his appeal, this court

decided United States v. Haltom, No. 96-10707 (U.S. 5th Cir. May
No. 96-11420

- 2 -

13, 1997), a connected case in which the same issue was raised,

and on which the defendant prevailed. 

In Haltom, this court concluded that the district court had

erred in failing to group Haltom’s mail fraud and tax evasion

offenses together as “closely related” counts pursuant to

§ 3D1.2(c), since “the mail fraud count ‘embodies conduct that is

treated as a specific offense characteristic’ of the tax evasion

counts.” Haltom at p. 8, quoting § 3D1.2(c). Similarly,

Bennett’s mail-fraud count embodied conduct that was treated as a

specific offense characteristic in the guideline applicable to

the tax evasion counts. Therefore, the mail-fraud and tax

evasion counts should have been grouped under § 3D1.2(c). 

The district court denied the Government’s § 5K1.1 motion

because it did not believe Bennett was entitled to a departure

for assisting the Government in prosecuting the people he

“dragged” into his fraudulent scheme. The district court did not

abuse its discretion in refusing to grant a § 5K1.1 downward

departure in Bennett’s sentence. See United States v. Franks, 46

F.3d 402, 406 (5th Cir. 1995). 

The sentence is VACATED and the case REMANDED to the

district court for resentencing. 

VACATED AND REMANDED.
EXHIBIT
10.1 


AGREEMENT
AND PLAN OF MERGER



BY AND AMONG





KINGDOM KONCRETE, INC.,



LATITUDE GLOBAL ACQUISITION CORP.


 


AND



Latitude 360, Inc.



Amendment No. 1

DATED AS OF May 2, 2014




    	 



    	 



    

 


THIS
AMENDMENT TO THE AGREEMENT AND PLAN OF MERGER (this “Amendment”), dated as of May 2, 2014 is amends and replaces
certain terms of the Agreement and Plan of Merger dated April 8, 2014, entered into by and among KINGDOM KONCRETE, INC., a Nevada
corporation (the “Company”), LATITUDE GLOBAL ACQUISITION CORP., a Florida corporation and a wholly-owned subsidiary
of the Company (the “Merger Sub”), and LATITUDE 360, INC., a Florida corporation (“L360”).
The Company, the Merger Sub and L360 each, individually a “party” or, collectively, the “parties.”


Section
1.2 which read:


...The
Merger shall become effective as of the date and at such time (the “Effective Time”) as the Certificate of
Merger is filed with the Secretary of State of the State of Florida with respect to the Merger, but not later than May 2, 2014
(the “Outside Closing Date”).


Is
hereby amended and replaced by mutual agreement of the parties with:


The
Merger shall become effective as of the date and at such time (the “Effective Time”) as the Certificate of
Merger is filed with the Secretary of State of the State of Florida with respect to the Merger, but not later than May 9, 2014.
Notwithstanding the forgoing L360 shall have the option to extend the closing date until May 16, 2014 in its discretion (the “Outside
Closing Date”).


IN
WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the date first above written.


	 	KINGDOM
    KONCRETE, INC. 
	 	/s/
                                         Edward Stevens

	 	Name:
    Edward Stevens
	 	Title:
    Chief Executive Officer
	 	LATITUDE
    GLOBAL ACQUISITION CORP. 
	 	/s/
                                         Edward Stevens

	 	Name:
    Edward Stevens
	 	Title:
    Chief Executive Officer
	 	LATITUDE
    360, INC.
	 	/s/
                                         Brent W. Brown

	 	Name:
    Brent W. Brown
	 	Title:
    Chief Executive Officer
EXHIBIT 11

                      SPARTECH CORPORATION AND SUBSIDIARIES
                 STATEMENT RE COMPUTATION OF PER SHARE EARNINGS
                      (In thousands, except per share data)


                                                    QUARTER ENDED
                                                January 29, January 30,
                                                    2000        1999
NET EARNINGS
  Basic net earnings                               $11,167     $ 9,157
  Add:  Distributions on Preferred Securities,
        net of tax                                     488           -

  Diluted net earnings                              11,655       9,157

WEIGHTED AVERAGE SHARES OUTSTANDING
  Basic weighted average common shares
       outstanding                                  27,299      26,398
  Add:  Shares issuable from assumed conversion
        of Preferred Stock                           1,637           -
  Add: Shares issuable from assumed exercise
       of options                                    1,098       1,852

  Diluted weighted average shares                   30,034      28,748
       outstanding


NET EARNINGS PER SHARE:

  Basic                                            $   .41     $   .34

  Diluted                                          $   .39     $   .32
I 

117TH CONGRESS 

2D SESSION H. R. 6449 

To amend part E of title IV of the Social Security Act to enable a State 

to be reimbursed for child welfare training expenditures made by a 

nonprofit educational institution in the State. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2022 

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

Committee on Ways and Means 

A BILL 

To amend part E of title IV of the Social Security Act 

to enable a State to be reimbursed for child welfare 

training expenditures made by a nonprofit educational 

institution in the State. 

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 ‘‘Child Welfare Work5 force Partnership Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 6449 IH

1 SEC. 2. CHILD WELFARE TRAINING EXPENDITURES MADE 

2 BY NONPROFIT EDUCATIONAL INSTITUTION 

3 DEEMED TO BE MADE BY STATE FOR PUR4 POSES OF FEDERAL REIMBURSEMENT. 

5 (a) IN GENERAL.—Section 474 of the Social Security 

6 Act (42 U.S.C. 674) is amended by adding at the end the 

7 following: 

8 ‘‘(h) CHILD WELFARE TRAINING EXPENDITURES

9 MADE BY NONPROFIT EDUCATIONAL INSTITUTION

10 DEEMED TO BE MADE BY STATE.—For purposes of this 

11 section, an expenditure described in subparagraph (A) or 

12 (B) of subsection (a)(3) which is made by a public or pri13 vate nonprofit educational institution and which would be 

14 an allowable expenditure if made by the State claiming 

15 reimbursement with respect to the expenditure, shall be 

16 considered to have been made by the State, except to the 

17 extent that Federal funds have been paid with respect to 

18 the expenditure.’’. 

19 (b) APPLICABILITY.—The amendment made by sub20 section (a) shall apply to claims submitted on or after the 

21 date of the enactment of this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
EX-10.15



 Exhibit 10.15 

ASSIGNMENT OF INTEREST 
 IN 

ARCADIA HOLDINGS AT CC HIGHLANDS ONE, LLC 

Dale Francescon and Robert J. Francescon (collectively, “Assignor”) on behalf of Daro Ventures, LLC and Daro Ventures II,
LLC, hereby conveys, transfers, and assigns to Century Communities Colorado, LLC, a Colorado limited liability company (“Assignee”), Assignor’s entire interest (the “Assigned Interest”) in Arcadia Holdings at
CC Highlands One, LLC, a Colorado limited liability company (“CCH”). In connection with such assignment, Assignor and Assignee agree as follows: 

Assignor hereby represents and warrants to Assignee that as of the execution of this Assignment by the two parties, that Assignor owns the
entire membership interest in, to and of CCH. 
 This Assignment shall be binding upon and inure to the benefit of the successors,
assignees, personal representatives, heirs and legatees of all the respective parties hereto. 
 This Assignment may be executed in any
number of counterparts, each of which shall be considered an original for all purposes, and all of which when taken together shall constitute a single counterpart instrument. Executed signature pages to any counterpart instrument may be detached and
affixed to a single counterpart, with such single counterpart with multiple executed signature pages affixed there to constituting the original counterpart instrument. All of those counterpart pages shall be read as though one, and they shall have
the same force and effect as if all the signers had executed a single signature page. 
 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 







 This Assignment is effective as of the 31st day of December,
2012. 
  

	
	ASSIGNOR
	
	




	  

	Dale Francescon
	
	




	  

	Robert J. Francescon
	
	ASSIGNEE
	
	CENTURY COMMUNITIES COLORADO, LLC
	
	




	  

	Dale Francescon, CO-CEO
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

I, Denis O'Donnell, M.D., the Chief Executive Officer of Molecular Diagnostics,
Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:

         (1) the Quarterly Report on Form 10-QSB of the Company for the fiscal
quarter ended March 31, 2004 (the "Report") 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

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

Dated: May 17, 2004

                                          /s/ Denis O'Donnell, M.D.
                                          -------------------------------
                                          Name: Denis O'Donnell, M.D.
                                          Title: Chief Executive Officer
1 The Honorable Robert W. Pratt, United States District Judge for the Southern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

_____________

No. 03-2086SI

_____________ United States of America, * * On Appeal from the United Appellee, * States District Court * for the Southern District v. * of Iowa. * Albert A. Wheeldon, * [To Be Published] * Appellant. *

___________ Submitted: December 3, 2003 Filed: December 18, 2003

___________ Before LOKEN, Chief Judge, RICHARD S. ARNOLD and BOWMAN, Circuit Judges.

___________ PER CURIAM. Albert A. Wheeldon appeals the sentence imposed by the District Court 1 following remand for resentencing. At resentencing, the District Court sentenced Wheeldon to one year and nine months (twenty-one months) imprisonment and three years supervised release. Counsel has moved to withdraw and filed a brief pursuant-2- to Anders v. California , 386 U.S. 738 (1967), suggesting the District Court erred in not granting Wheeldon a downward departure. We need not consider the departure issue, because Wheeldon did not raise it in his first appeal. See United States v. Kress , 58 F.3d 370, 373 (8th Cir.1995) (“Where a party could have raised an issue in a prior appeal but did not, a court later hearing the same case need not consider the matter.”). In any event, the District Court’s refusal to depart downward is unreviewable, because its statements at resentencing indicate it was aware of its authority to depart. See United States v. Orozco-Rodriguez , 220 F.3d 940, 942 (8th Cir. 2000). We have reviewed the record for any nonfrivolous issues in accordance with Penson v. Ohio , 488 U.S. 75, 80 (1988), and we have found none. Accordingly, we grant counsel’s motion to withdraw, and we affirm.

______________________________
Exhibit 31.3

Certification

I, Michael M. Larsen,
certify that:



|1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Gardner Denver, Inc. for the year ended December 31, 2012; and
|-- | ------------------------------------------------------------------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in
light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                                           
|-------------------- |  | ----------------------------------------------------------
|Date: April 15, 2013 |  | /s/    Michael M. Larsen                                  
|                     |  | Michael M. Larsen                                         
|                     |  | President and Chief Executive Officer
Gardner Denver, Inc.
#### Arlin Edward RANEY, Plaintiff-Appellant, v. UNITED STATES, James E. Rogan, Director, Patent and Trademark Office, George L. Steele, Patent Examiner, and Timothy D. Collins, Appeal Patent Application Examiner, Defendants-Appellees.

No. 03-1332.

United States Court of Appeals, Federal Circuit.

July 31, 2003.

Before RADER, GAJARSA, and LINN, Circuit Judges.

ON MOTION

RADER, Circuit Judge.

*ORDER*

We treat the documents filed by Arlin E. Raney as a motion to voluntarily dismiss his appeal which was docketed by this court.

This appeal is one transferred by the United States Court of Appeals for the District of Columbia Circuit. In the documents, Raney states “I AM SORRY DO NOT DOCKED THIS WHAT EVER IT IS — I AM APPEALING TO THE SUPREME CT. OF USA.” On an informal brief form, Raney indicates that he does not wish to file a brief in this court.

Accordingly,

IT IS ORDERED THAT:

(1) Raney’s motion is granted and this appeal is dismissed.

(2) Each side shall bear its own costs.
Exhibit 32.3



Statement of Chief Executive Officer



Pursuant to 18 U.S.C. Sec 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned Chief Executive Officer of Southern California Gas Company (the "Company") certifies that:



(i)

the Quarterly Report on Form 10-Q of the Company filed with the Securities and Exchange Commission for the quarter ended March 31, 2007 (the "Quarterly Report") fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and



(ii)

the information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







May 2, 2007



/S/  Debra L. ReedDebra L. ReedChief Executive Officer
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Applera Corporation (the Company) on Form 10-Q for the fiscal quarter ended March 31, 2008, as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Tony L. White, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(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/ Tony L. White      
|Chief Executive Officer

Date: May 8, 2008
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


WASHINGTON, D.C. 20549





________________








FORM 8-K








CURRENT REPORT,


PURSUANT TO SECTION 13 OR 15(d) OF


THE SECURITIES EXCHANGE ACT OF 1934








DATE OF REPORT (Date of earliest event reported): March 13, 2011








CHYRON CORPORATION


(Exact Name of Registrant as Specified in its Charter)








New York
01-09014
11-2117385(State or Other Jurisdiction

of Incorporation)
(Commission File Number)
(I.R.S. Employer

Identification No.)








5 Hub DriveMelville, New York
11747(Address of Principal Executive Offices)
(Zip Code)








Registrant's telephone number, including area code: (631) 845-2000











Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:





[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))


[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))








1


Item 5.02
Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.





(b)           On March 13, 2011, Kevin Prince, Senior Vice President and Chief Operating Officer of Chyron Corporation (the “Company”) notified the Company that he will resign from his role as Senior Vice President and Chief Operating Officer, effective March 25, 2011, due to other commitments.












































SIGNATURES





Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report on Form 8-K to be signed on its behalf by the undersigned hereunto duly authorized.





CHYRON CORPORATION





By:
/s/ Jerry KieliszakName:
Jerry KieliszakTitle:
Senior Vice President andChief Financial Officer





Date: March 17, 2011
I 

117TH CONGRESS 

1ST SESSION H. R. 6277 

To amend the Internal Revenue Code of 1986 to exclude ethylene from 

taxation under the Superfund excise tax. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2021 

Mr. MOOLENAAR (for himself and Mr. MEUSER) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to exclude 

ethylene from taxation under the Superfund excise tax. 

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 ‘‘Ethylene is Essential 

5 for Chemistry and Manufacturing Act’’. 

6 SEC. 2. EXCLUDING ETHYLENE FROM TAXATION UNDER 

7 SUPERFUND EXCISE TAX. 

8 (a) IN GENERAL.—The table contained in section 

9 4661(b) of the Internal Revenue Code of 1986 is amended 

10 by striking the row relating to ethylene. 


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2 

•HR 6277 IH

1 (b) EFFECTIVE DATE.—The amendment made by 

2 this section shall take effect on July 1, 2022. 

Æ 


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April 30, 2013

JUDGMENT

The Fourteenth Court of Appeals

MOODY & MOLINA, Appellant

NO. 14-13-00203-CV V.

LONG BA NGUYEN, INDIVIDUALLY AND LAN N. HUYNH, 

INDIVIDUALLY, Appellees

________________________________

Today the Court heard appellant's motion to dismiss the appeal from the 

judgment signed by the court below on February 18, 2013. Having considered the 

motion and found it meritorious, we order the appeal DISMISSED.

We further order that each party shall pay its costs by reason of this appeal.

We further order that mandate be issued immediately.

We further order this decision certified below for observance.
Exhibit 10(i)

Contract No. 117119

 

NATURAL GAS PIPELINE COMPANY OF AMERICA (Natural)

TRANSPORTATION RATE SCHEDULE FTS

AMENDMENT NO. 2 DATED April 28, 2000

TO AGREEMENT DATED February 25, 2000 (Agreement)

 

1.	[X] Exhibit A dated April 28, 2000. Changes Primary Receipt Point(s)/Secondary Receipt Point(s) and Point MDQ's. This Exhibit A replaces any previously dated Exhibit A.

2.	[ ] Exhibit B dated April 28, 2000. Changes Primary Delivery Point(s)/Secondary Delivery Point(s) and Point MDQ's. This Exhibit B replaces any previously dated Exhibit B.

3.	[ ] Exhibits A and B dated April 28, 2000. Changes Primary Receipt and Delivery Points/Secondary Receipt and Delivery Points. These Exhibits A and B replace any previously dated Exhibits A and B.

4.	[X] Exhibit C dated April 28, 2000. Changes the Agreement's Path. This Exhibit C replaces any previously dated Exhibit C.

5.	[ ] Revise Agreement MDQ: [ ] Increase [ ] Decrease
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Page 50631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19799]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Institute of Dental & Craniofacial Research; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Commiftee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Dental and Craniofacial 
Research Special Emphasis Panel; Review of R03's.
    Date: October 22, 2008.
    Time: 1 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, One Democracy Plaza, 6701 
Democracy Boulevard, Bethesda, MD 20892 (Telephone Conference Call).
    Contact Person: Victor Henriquez, PhD, Scientific Review 
Officer, DENSRB/NIDCR, 6701 Democracy Blvd., Room 668, Bethesda, MD 
20892-4878, 301-594-3169.

(Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral 
Diseases and Disorders Research, National Institutes of Health, HHS)

    Dated: August 20, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Commiftee Policy.
[FR Doc. E8-19799 Filed 8-26-08; 8:45 am]
BILLING CODE 4140-01-M