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that this opinion should not be published and is not precedent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. 00-20413

(Summary Calendar)

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHARLES FELTON HARRIS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

(H-99-CR-588-2)

- - - - - - - - - -

March 26, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges. 

PER CURIAM:*

Defendant-Appellant Charles Felton Harris pleaded guilty to

maintaining a place for the purpose of distributing cocaine base in

violation of 21 U.S.C. § 856(a)(1). He appeals his sentence,

arguing that the district court erred in denying his motion for a

continuance of sentencing to allow him additional time to cooperate

with the government. 

The government counters that, pursuant to the terms of his

plea agreement, Harris has waived his right to appeal this issue.
2

Even though it appears clear that Harris knowingly waived his

right to appeal his sentence on the grounds he now advances, we

assume arguendo that his waiver does not bar his appeal of the

sentence imposed and proceed to consider his appeal on the merits.

When we do so we conclude that Harris has failed to establish that

the district court abused its discretion in denying his second

motion for a continuance or that this denial caused him prejudice.

See United States v. Peden, 891 F.2d 514, 519 (5th Cir. 1989). The

district court granted Harris’s prior motion for a continuance, and

the denial of his second motion did not prevent him from providing

substantial assistance to the government. Under the terms of the

plea agreement, the government retained the discretion to move for

a downward departure if it determined that Harris had provided

substantial assistance. Harris’s sentencing did not preclude the

government from making such a motion. See FED. R. CRIM. P. 35(b).

Harris’s sentence is 

AFFIRMED.
182 La. 660

#### ANZALONE v. ANZALONE.

No. 33238.

Supreme Court of Louisiana.

May 27, 1935.

See, also, 161 So. 594.

Ellis H. Bostick, Jr., of Amite, for appellant.

Rownd & Warner, of Hammond, for appellee.

O’NIELL, Chief Justice.

The defendant has appealed from a judgment granting her husband a divorce. It was granted on the ground of separation for more than a year under a decree of separation from bed and board. In defense of this suit, the wife pleaded that she and her husband had become reconciled. On the trial of the case, after the plaintiff had proved by the testimony of several witnesses that there had not been a reconciliation between him and his wife, she offered to testify in contradiction of the testimony of his witnesses. His attorney then filed a plea of estoppel and objected to her claiming that there was a reconciliation, because, after the decree of separation from bed and board was rendered, and after the date on which she claimed there was a- reconciliation, she sued her husband and obtained judgment for a sum of money, basing her suit upon the allegation that she and her husband were living separate and apart under a decree of separation from bed and board. The judge sustained the objection, and no other evidence was offered by the wife in this suit. The ruling was correct. The defendant had no right to contradict her judicial declaration, which was the basis for the suit in which she obtained a judgment against her husband. A judicial declaration is full proof against the party making it, and cannot be withdrawn except on the ground that it was made in error of fact. Rev. Civ. Code, art. 2291. There was no suggestion of error of fact on the part of the defendant in this case. Her attorney did not argue the case in this court, or file a brief in support of the appeal, from which it might well be inferred that the appellant has not much faith in her complaint.

The judgment is affirmed.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AND RELATED CONSOLIDATED STATEMENT OF INCOME OF J.C.
PENNEY COMPANY, INC. AND SUBSIDIARIES AS OF MAY 2 1998, AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-30-1999
<PERIOD-END>                               MAY-02-1998
<CASH>                                             252
<SECURITIES>                                       998
<RECEIVABLES>                                    3,566
<ALLOWANCES>                                        89
<INVENTORY>                                      5,921
<CURRENT-ASSETS>                                10,796
<PP&E>                                           8,416
<DEPRECIATION>                                   3,072
<TOTAL-ASSETS>                                  22,810
<CURRENT-LIABILITIES>                            5,176
<BONDS>                                          6,983
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                        508
<COMMON>                                         2,834
<OTHER-SE>                                       4,103
<TOTAL-LIABILITY-AND-EQUITY>                    22,810
<SALES>                                          6,806
<TOTAL-REVENUES>                                 7,052
<CGS>                                            4,902
<TOTAL-COSTS>                                    6,453
<OTHER-EXPENSES>                                   126
<LOSS-PROVISION>                                    41
<INTEREST-EXPENSE>                                 148
<INCOME-PRETAX>                                    284
<INCOME-TAX>                                       110
<INCOME-CONTINUING>                                174
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       174
<EPS-BASIC>                                      .65
<EPS-DILUTED>                                      .64


</TABLE>
#### SHAVER v. ABRAMS.

No. 6956.

Court of Appeal of Louisiana. Second Circuit.

Feb. 17, 1947.

Hussey & Smith, of Shreveport, for appellant.

Wilson & Abramson, of Shreveport, for appellee.

•KENNON, Judge.

This is a suit to recover $2000 allegedly due plaintiff by defendant under an agreement to purchase an oil and gas lease, together with $500 as attorney’s fees. Plaintiff’s demands were rejected. His appeal was made returnable to the Court of Appeal on the assumption that his demands for attorney’s fees had been abandoned in the district court. The record did not show such abandonment and the case was ordered remanded to the First Judicial District Court for the purpose of correction. The record was returned without such correction, and counsel for plaintiff has filed a motion to transfer the appeal to the Supreme Court.

Since, according to the record, the amount in dispute at the time judgment was signed was the principal sum of $2000 plus the additional $500, claimed as attorney’s fees, the case is beyond the appellate jurisdiction of the Court of Appeal and within the appellate jurisdiction of the Supreme Court of Louisiana as provided by Section 10 of Article 7 of the Constitution of 1921. Under the authorization of Act No. 19 of 1912, it is the duty of this Court to transfer the case to the proper Court. It is therefore ordered that this appeal be transferred to the Supreme Court of the State of Louisiana; the transfer to be made within sixty days after this judgment becomes final, and if not so made, the appeal shall be deemed dismissed. Costs of the appeal to this Court to be borne by plaintiff.
Exhibit 3(a)



             THE PEOPLES GAS LIGHT AND COKE COMPANY

                ACTION OF THE BOARD OF DIRECTORS
              BY WRITTEN CONSENT IN LIEU OF MEETING

          The Board of Directors of the Company has taken the
following action by unanimous written consent:

                   RESOLVED, That the By-Laws of the
          Company be, and they hereby are, amended by
          replacing Section 3.1 of Article III of the
          By-Laws in its entirety with the following:

                           ARTICLE III
                    Directors and Committees

                   SECTION 3.1.   Number and
          Election.  The business and affairs of the
          Company shall be managed and controlled by a
          board of directors, five (5) in number.  The
          directors shall be elected by the
          shareholders entitled to vote at the annual
          meeting of such shareholders and each
          director shall be elected to serve for a
          term of one (1) year and thereafter until
          his successor shall be elected and shall
          qualify.  The Board of Directors may fill
          one or more vacancies arising between
          meetings of shareholders by reason of an
          increase in the number of directors or
          otherwise.

                   RESOLVED FURTHER, That the
          Secretary of the Company be, and he hereby
          is, directed to initial a copy of the
          amended By-Laws presented at this meeting
          and place it with the important papers of
          this meeting.

          IN WITNESS WHEREOF, the Board of Directors of THE
PEOPLES GAS LIGHT AND COKE COMPANY has executed this Written
Consent as of April 15, 1999.
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

Inconnection with this Quarterly Report on Form 10-Q of The Pep Boys -Manny, Moe & Jack (the “Company”) for the quarterly period ending August 1,2009, as filed with the Securities and Exchange Commission on the date hereof(the “Report”),

 

I,Michael R. Odell, Chief Executive Officer of the Company, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to my knowledge:

 

(i)            The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

 
| Date: September 9,  2009 | by:                            | /s/ Michael  R. Odell |
|------------------------------------|--------------------------------|----------------------------|
|                               | Michael  R. Odell              |
|                               | Chief  Executive Officer       |
|                               | (Principal  Executive Officer) |

 

1

----
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          69,000
<SECURITIES>                                         0
<RECEIVABLES>                                1,257,000
<ALLOWANCES>                                 (100,000)
<INVENTORY>                                  1,041,000
<CURRENT-ASSETS>                             2,291,000
<PP&E>                                      22,927,000
<DEPRECIATION>                            (21,149,000)
<TOTAL-ASSETS>                               4,069,000
<CURRENT-LIABILITIES>                        4,037,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,382,000
<OTHER-SE>                                 (4,130,000)
<TOTAL-LIABILITY-AND-EQUITY>                 4,069,000
<SALES>                                      3,387,000
<TOTAL-REVENUES>                             3,391,000
<CGS>                                        3,092,000
<TOTAL-COSTS>                                  443,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              58,000
<INCOME-PRETAX>                              (202,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (202,000)
<EPS-BASIC>                                     (0.08)
<EPS-DILUTED>                                        0


</TABLE>
**Exhibit
      32.1**





**CERTIFICATION
      PURSUANT TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the Annual Report of Scout Acquisition, Inc. (the "Company")
      on
      Form 10-KSB for the fiscal year ended December 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Scott
      Baily, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.
      906
      of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(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/
                    Scott Baily
                Scott
                    Baily
                  Principal
                    Executive Officer
                  Principal
                    Financial Officer
                  April
                    2, 2007
EXHIBIT 31(b)

I, Thomas A. Nardi, certify that:

1.	I have reviewed this quarterly report on Form 10-Q of The Peoples Gas Light and Coke Company;

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;

3.	Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.	The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a)	Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

(b)	Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c)	Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5.	The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):

(a)	All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely 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 other employees who have a significant role in the registrant's internal control over financial reporting.

 

Date: August 10, 2004

/s/ Thomas A. Nardi
So 3-31-14 Q Ex 10(b)1






EXHIBIT 10(b)1


BASE SALARIES OF NAMED EXECUTIVE OFFICERS


ALABAMA POWER COMPANY


The following are the annual base salaries, effective March 1, 2014 unless otherwise noted, of the Chief Executive Officer and Chief Financial Officer of Alabama Power Company and certain other executive officers of Alabama Power Company who served during 2013.


	
			
	Charles D. McCrary*
President and Chief Executive Officer;
Executive Vice President of Southern Company
	$803,247
	 

	Mark A. Crosswhite**
President and Chief Executive Officer
	$600,000
	 

	Philip C. Raymond***
Executive Vice President, Chief Financial Officer, 
and Treasurer
	$350,864
	 

	James P. Heilbron***
Senior Vice President and Senior Production Officer
	$244,419
	 

	Zeke W. Smith***
Executive Vice President
	$350,876
	 

	Steven R. Spencer***
Executive Vice President
	$473,374
	 








*Resigned as President and Chief Executive Officer March 1, 2014. Retirement effective May 1, 2014.


**Effective March 1, 2014


***Salary effective March 17, 2014
**EXHIBIT 31(b)****RULE 13a – 14(a)/15d – 14(a) CERTIFICATION OF CHIEF FINANCIAL OFFICER**I, Henry G. Schopfer, III, certify that:1. I have reviewed this quarterly report on Form 10-Q of Peerless Mfg. Co.; 2.  Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make thestatements 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 theregistrant as of, and for, the periods presented in this report; 4.  The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: (a) Designed such disclosure controlsand procedures, or caused suchdisclosure controls and proceduresto be designed under oursupervision, to ensure thatmaterial information relating tothe registrant, including itsconsolidated subsidiaries, is madeknown to us by others within thoseentities, particularly during theperiod in which this report isbeing prepared;  (b) [Not Applicable]  (c) Evaluated the effectiveness of theregistrant’s disclosure controlsand procedures and presented inthis report our conclusions aboutthe effectiveness of the disclosurecontrols and procedures, as of theend of the period covered by thisreport based on such evaluation;and  (d) Disclosed in this report any changein the registrant’s internalcontrol over financial reportingthat occurred during theregistrant’s most recent fiscalquarter that has materiallyaffected, or is reasonably likelyto materially affect, theregistrant’s internal control overfinancial reporting.5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of the registrant’s board of directors (or persons performing theequivalent functions): (a) All significant deficiencies andmaterial weaknesses in the designor operation of internal controlover financial reporting which arereasonably likely to adverselyaffect the registrant’s ability torecord, process, summarize andreport financial information; and  (b) Any fraud, whether or not material,that involves management or otheremployees who have a significantrole in the registrant’s internalcontrol over financial reporting.       /s/ Henry G. Schopfer, III Henry G. Schopfer, III    Chief Financial OfficerDate: May 7, 2007
PHELPS DODGE CORPORATION AND SUBSIDIARIES

                                   Exhibit 12

COMPUTATION OF TOTAL DEBT TO TOTAL CAPITALIZATION
(Unaudited; dollars in millions)
<TABLE>
<CAPTION>
                                                        March 31,   December 31,
                                                          1999         1998
<S>                                                    <C>              <C>  
Short-term debt ...................................    $    216.7         116.1
Current portion of long-term debt .................          63.0          68.5
Long-term debt ....................................         818.1         836.4
                                                       ----------       -------
  Total debt ......................................       1,097.8       1,021.0
Minority interests in subsidiaries ................          90.5          93.3
Common shareholders' equity .......................       2,480.7       2,587.4
                                                       ----------       -------

  Total capitalization ............................    $  3,669.0       3,701.7
                                                       ==========       =======


Ratio of total debt to total capitalization .......          29.9%         27.6%
                                                       ==========       =======
</TABLE>
EXHIBIT
32.2

CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the quarterly report of Republic Resources, Inc. (the
Company), on Form 10-QSB for the quarter ended June 30, 2003, (the
Report), I, Louis B. Breaux, the Principal Operating Officer of
the Company, certify, based on my knowledge, 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 requirement of Section 13(a) of the Securities Exchange
Act  of 1934; and
|-- |  | ------------------------------------------------------------------------------------------------------------

|2) |  | the
information contained in the Report fairly presents, in all material  respects, the
Companys financial position and results of operations.
|-- |  | -----------------------------------------------------------------------------------------------------------------------------------------------

| | By: /s/ Louis B. Breaux
Louis B. Breaux
Principal Operating Officer
| | -------------------------------------------------------------------

Dated: August
19, 2003

---