alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America, Plaintiff-Appellee, v. Manuel A. RAMIREZ, a/k/a Manny, Defendant-Appellant.

No. 02-7198.

United States Court of Appeals, Fourth Circuit.

Submitted Oct. 29, 2002.

Decided Nov. 14, 2002.

Manuel A. Ramirez, Appellant Pro Se. Nicholas Stephan Altimari, Office of the United States Attorney, Richmond, Virginia, for Appellee.

Before TRAXLER, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

PER CURIAM.

Manuel A. Ramirez appeals the district court’s order denying his Fed.R.Civ.P. 60(b) motion to reconsider its order denying relief on his motion filed under 28 U.S.C. § 2255 (2000).* We review the denial of a Rule 60(b) motion for abuse of discretion. *NOW v. Operation Rescue,*47 F.3d 667, 669 (4th Cir.1995). Because Ramirez’s motion stated no viable ground for relief under the rule, we find no abuse of discretion. Accordingly, we affirm the order of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED.*

*

 We note that we lack jurisdiction to review the underlying order denying Ramirez’s § 2255 motion because Ramirez did not appeal the order within sixty days of its entry, *see*Fed. R.App. P. 4(a)(1)(B); *Panhorst v. United States,*241 F.3d 367, 370 (4th Cir.2001), and Ramirez's 60(b) motion did not toll the time for filing an appeal. *See Browder v. Director, Illinois Dep't of Corr.,*434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978).
#### In the Matter of Robert Torre, Appellant, v Allstate Insurance Company, Respondent.

[676 NYS2d 515]

In a proceeding pursuant to CPLR article 75 to vacate an arbitration award, the petitioner appeals from an order of the Supreme Court, Dutchess County (Beisner, J.), dated June 4, 1997, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

*559We agree with the Supreme Court that there is no basis to vacate the arbitrator’s award *(see,*CPLR 7511 [b] [1]). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.
May 2, 2014          


 


Healthcare Corporation of America


66 Ford Road, Suite 230


Denville, NJ 07834


Attn: General Counsel


 


Re: Extension of certain Next Financing
Round Covenants


 


Dear Sir:


 


Pursuant to a request from Healthcare Corporation
of America (“HCCA”), Selway Capital Holdings LLC has agreed to extend the time period referenced in the covenants
set forth in Section 6.2(a) and 6.2(b) of the Note Purchase Agreement (the “NPA”) dated April 3rd,
2014, for an additional five (5) days.


 


This letter shall be deemed effective as
of the Closing of the NPA (as defined in the NPA). All other terms and conditions of the Bridge Loan Documents shall remain the
same and unaffected by this letter. This letter is not an indication of a waiver of any right or remedy available to Selway.


 


	 	Sincerely,
	 	 
	 	SELWAY CAPITAL HOLDINGS LLC
	 	 	 
	 	By:	/s/ ANDREW INTRATER
	 	Name:	ANDREW INTRATER
	 	Title:	BOARD MEMBER


 


Please indicate your agreement with the
foregoing by signing below and returning a copy of this letter to Selway Capital Holdings LLC.


 


ACCEPTED AND AGREED:


 


HEALTHCARE CORPORATION OF AMERICA


 


	By:		 
	Name:	 	 
	Title:
Exhibit 99.1

CERTIFICATIONS 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 First Quarter Report of OshKosh B'Gosh, Inc. (the "Company") on Form 10-Q for the period ended April 5, 2003, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Douglas W. Hyde, Chief Executive 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 to the best of 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.



|Date:  April 25, 2003 | By: | /S/ DOUGLAS W. HYDE                 
|--------------------- | --- | ------------------------------------
|                      |     |                                     
|                      |     | Douglas W. Hyde                     
|                      |     | Chairman of the Board, President    
|                      |     | Chief Executive Officer and Director

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been provided to OshKosh B'Gosh, Inc. and will be retained by OshKosh B'Gosh, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 10(g)

Contract No. 117183

 

NATURAL GAS PIPELINE COMPANY OF AMERICA (Natural)

TRANSPORTATION RATE SCHEDULE FTS

AMENDMENT NO. 2 DATED April 5, 2000

TO AGREEMENT DATED March 16, 2000 (Agreement)

 

1.	[ ] Exhibit A dated April 5, 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 5, 2000. Changes Primary Delivery Point(s)/Secondary Delivery Point(s) and Point MDQ's. This Exhibit B replaces any previously dated Exhibit B.

3.	[X] Exhibits A and B dated April 5, 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 5, 2000. Changes the Agreement's Path. This Exhibit C replaces any previously dated Exhibit C.

5.	[X] Revise Agreement MDQ: [ ] Increase [X] Decrease
#### Louise WEAVER, Appellant, v. UNITED STATES POSTAL SERVICE; John E. Potter,1 CEO, Postmaster General, Appellees.

No. 02-2618.

United States Court of Appeals, Eighth Circuit.

Submitted Nov. 15, 2002.

Decided Nov. 18, 2002.

Before MCMILLIAN, FAGG, and BOWMAN, Circuit Judges.

[UNPUBLISHED]

1

. John E. Potter has been appointed to serve as Postmaster General, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c).

PER CURIAM.

Louise Weaver appeals the District Court’s2 adverse grant of summary judgment in her employment-discrimination action. Having carefully reviewed the record, *see Jacob-Mua v. Veneman,*289 F.3d 517, 520 (8th Cir.2002) (standard of review), we affirm.

Weaver, who is African American, filed suit against the Postmaster General, claiming race and sex discrimination, disparate treatment, and a hostile work environment based on allegedly unwarranted disciplinary actions taken against her.

We agree with the District Court that Weaver failed to establish the existence of a genuine issue for trial as to any of her claims. *See*Fed.R.Civ.P. 56(e) (adverse party’s response must show existence of triable issue); *Habib v. NationsBank,*279 F.3d 563, 566 (8th Cir.2001) (holding plaintiff failed to make out prima facie case of discrimination based on circumstantial evidence); *Palesch v. Missouri Comm’n on Human Rights,*233 F.3d 560, 566-68 (8th Cir.2000) (affirming summary judgment against plaintiff’s hostile work environment and disparate treatment claims).

Accordingly, we affirm. *See*8th Cir. R. 47B.

A true copy.

2

. The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.
EX-35 (e)


[LOGO] WELLS FARGO


Commercial Mortgage Servicing
MAC A0357-030
P.O. Box 4036, Concord Ca 94524
1320 Willow Pass Rd., Suite 300
Concord, CA 94520
800-986-9711


ANNUAL STATEMENT AS TO COMPLIANCE
OFFICER'S CERTIFICATE

RE: Bear Stearns Commercial Mortgage Securities Inc., Commercial Mortgage
Pass-Through Certificates, Series 2006-TOP22


In accordance with Section 13.9 of the Pooling and Servicing Agreement, (the
"Agreement") dated April 1, 2006 executed by and between Bear Stearns Commercial
Mortgage Securities Inc., (as "Depositor"), Wells Fargo Bank, National
Association, (as "Master Servicer"), ARCap Servicing, Inc., (as "Special
Servicer"), LaSalle Bank National Association, (as "Trustee" and "Custodian"),
Wells Fargo Bank, National Association, (as "Paying Agent", "Certificate
Registrar" and "Authenticating Agent"), as authorized officer of the Master
Servicer, Wells Fargo Bank, National Association, I certify that (A) a review of
the activities of the Master Servicer during the preceding calendar year or
portion thereof and of the performance of the Master Servicer under this
Agreement has been made under such officer's supervision and (B) to the best of
such officer's knowledge, based on such review, the Master Servicer has
fulfilled all its obligations under this Agreement in all material respects
throughout such year or portion thereof.


Wells Fargo Bank, National Association
"Master Servicer"



/s/ Kathryn O'Neal
Kathryn O'Neal
Head of Commercial Mortgage Servicing
Wells Fargo Bank, National Association
1 Pursuant to 5 TH C IR . R. 47.5, the Court has determ ined th at this opinio n should not be published and is not precedent except under the limit ed circumstances set fo rth in 5 TH C IR . R. 47.5.4. 1 United States Court of Appeals Fifth Circuit 

## FILED April 5, 2007 Charles R. Fulbruge III Clerk UNITED STATES COURT OF APPEALS

For the Fifth Circuit

___________________________

No.06-60705 Summary Calendar

___________________________ JAMES R. WILLIAMS, Pl aint iff - Appellant, VERSUS CITY OF AMORY, MISSISSIPPI, and JOHN BISHOP, Defendants - Appellees.

Appeal from the United States District Court fo r the Northern District of Mississippi, Eastern Division

1:04-CV-299 Before DAVIS, BARKSDALE and BENAVIDES, Circuit Judges. PER CURIAM: 1 James Williams appeals the dismissal of his § 1983 claim against the City of Amory, Mississippi and its police officer John Bishop on summary judgment. Williams’ suit claims that the defendants arrested him without probable cause in violation of the Fourth Amendment. Williams was arrested after the police observed him driving recklessly, nearly causing two accidents. He asserts that his arrest was without probable cause and unconstitutional because wit nesses at the scene of his arrest told the officer that Williams did not drink or do drugs and that he must be suffering from a medical condition.2

The district court concluded that the evidence in the summary judgment record raised a genuine issue of fact as to whether the defendants acted negligently, but also recognized that negligence alone was insufficient to establish a constitutional violation. We agree. As the plaintiff recognizes, the doctrine of qualified immunity protects all but the plainly incompetent or those who knowingly violate the law. Malley v. Briggs , 475 U.S. 335, 341 (1986). Williams’ actions prior to hi s arrest clearly gave the officers probable cause to arrest him. The officer’s failure to recognize and act on William’s medical condition was at most negligent and therefore not sufficient ly aberrant to overcome the defense of qualified immunity. Regarding Williams’ claims against the city, the district court concluded that Williams failed t o establish liabilit y o n t he part of the city based on a failure to demonstrate that the alleged misco nduct in this case was the result of a municipal policy or custom as required by Monell v. Dept. of Soci al Services of City of New York , 426 U.S. 658 (1978). Again, we agree. The above analysis also supports the conclusion of the district court that Williams failed to state a claim under the Mississippi Tort Claims Act. That act requires “reckless disregard for the safety and well-being of any person not engaged in a criminal act at the time of injury.” Mississippi Code Ann. § 11-46-9(1)(c). Accordingly, we affirm the judgment of the district court dismissing the plaintiff’s case on summary judgment for essentially the reasons stated in the district court’s Order dated July 12, 2006 AFFIRMED.
#### Erwin Pfister GENERAL-BAUUNTERNEHMUNG, Appellant, v. Thomas E. WHITE, Secretary of the Army, Appellee.

No. 01-1638.

United States Court of Appeals, Federal Circuit.

Nov. 18, 2002.

*1000Before MAYER, Chief Judge, RADER and LINN, Circuit Judges.

Judgment

PER CURIAM.

This CAUSE having been heard and considered, it is ORDER and ADJUDGED:

AFFIRMED. *See*Fed. Cir. R. 36.
[Federal Register Volume 73, Number 167 (Wednesday, August 27, 2008)]
[Notices]
[Page 50645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19796]


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

NATIONAL CREDIT UNION ADMINISTRATION


Agency Information Collection Activities: Submission to OMB for 
Reinstatement; Comment Request

AGENCY: National Credit Union Administration (NCUA).

ACTION: Request for comment.

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

SUMMARY: The NCUA is submitting the following information collection to 
the Office of Management and Budget (OMB) for review and clearance 
under the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. 
Chapter 35). This information collection is published to obtain 
comments from the public.

DATES: Comments will be accepted until September 26, 2008.

ADDRESSES: Interested parties are invited to submit written comments to 
the NCUA Clearance Officer listed below:
    Clearance Officer: Mr. Jeryl Fish, National Credit Union 
Administration, 1775 Duke Street, Alexandria, VA 22314-3428, Fax No. 
703-837-2861, E-mail: <a href="/cdn-cgi/l/email-protection#ce818d878183afa7a28ea0adbbafe0a9a1b8"><span class="__cf_email__" data-cfemail="80cfc3c9cfcde1e9ecc0eee3f5e1aee7eff6">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
a copy of the information collection request should be directed to 
Tracy Sumpter at the National Credit Union Administration, 1775 Duke 
Street, Alexandria, VA 22314-3428, or at (703) 518-6444.

SUPPLEMENTARY INFORMATION: Proposal for the following collection of 
information:
    Title: Central Liquidity Facility Repayment Agreement, Regular 
Member.
    OMB Number: 3133-0061.
    Form Number: CLF--8703.
    Type of Review: Reinstatement of a previously approved collection.
    Description: The form is used by CLF regular members borrowing from 
the CLF.
    Respondents: Credit unions which are CLF regular members who borrow 
from the CLF.
    Estimated No. of Respondents/Record keepers: 40.
    Estimated Burden Hours Per Response: 2.875 hours.
    Frequency of Response: Other. As the need for borrowing arises.
    Estimated Total Annual Burden Hours: 115 hours.
    Estimated Total Annual Cost: 0.

    By the National Credit Union Administration Board on August 20, 
2008.
Mary Rupp,
Secretary of the Board.
[FR Doc. E8-19796 Filed 8-26-08; 8:45 am]
BILLING CODE 7535-01-P


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Exhibit
32





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT BY


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








In
connection with the Quarterly Report of Penn-Pacific Corp., on Form 10-QSB for
the quarter ending March 31, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), the undersigned,
Rose Fischer, Chief Executive Officer and Principal Accounting Officer of the
Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to ss. 906 of
the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and
belief:





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.








Date:
May 15,
2008











/s/ Rose
Fischer


Rose
Fischer


President


(Principal
Executive & Accounting Officer)








A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
cfc3025rgba01.jpgThe Cincinnati Insurance CompanynThe Cincinnati Indemnity CompanyThe Cincinnati Casualty CompanynThe Cincinnati Specialty Underwriters Insurance CompanyThe Cincinnati Life Insurance CompanynCFC Investment CompanynCSU Producer Resources Inc.Cincinnati Global Underwriting Ltd.nCincinnati Global Underwriting Agency Ltd.







Investor Contact : Dennis E. McDaniel, 513-870-2768


CINF-IR@cinfin.com





Media Contact : Betsy E. Ertel, 513-603-5323


Media_Inquiries@cinfin.com





Cincinnati Financial Corporation Announces Death of Board Member William Bahl


• Lead Independent Director Dies at 71





Cincinnati, September 27, 2022 – Cincinnati Financial Corporation (Nasdaq: CINF) today announced with great sadness that William F. Bahl, CFA, CIC passed away on September 26, 2022.





A director since 1995, Mr. Bahl was the corporation’s lead independent director and also served as chair of the nominating committee and as a member of the audit, executive and investment committees. He also served as a director of the company’s U.S. insurance subsidiaries. Throughout his tenure, Mr. Bahl developed a deep understanding of what makes our company unique, including our independent agency focus and our equity investing and dividend paying strategies. He personified our corporate culture of living by the Golden Rule, treating others as he would wish to be treated and always placing the company’s interests above his own.





Mr. Bahl was co-founder and chairman of the board of Cincinnati-based, registered investment adviser Bahl & Gaynor Investment Counsel Inc. Prior to co-founding Bahl & Gaynor, he was senior vice president and chief investment officer at Northern Trust Company in Chicago, having previously worked for Fifth Third Bank and Mellon Bank.





Steven J. Johnston, chairman and chief executive officer, commented, “We are deeply saddened to lose Bill. We will be forever grateful for his friendship and service to our company. It has been a privilege to work alongside him. The entire board benefitted from his investment expertise, business acumen and genuine affection for our company. We will miss him greatly. His family is in our thoughts and prayers.”








About Cincinnati Financial


Cincinnati Financial Corporation offers primarily business, home and auto insurance through The Cincinnati Insurance Company and its two standard market property casualty companies. The same local independent insurance agencies that market those policies may offer products of our other subsidiaries, including life insurance, fixed annuities and surplus lines property and casualty insurance. For additional information about the company, please visit cinfin.com .





Mailing Address:                                                                                   Street Address:


P.O. Box 145496                                                                                   6200 South Gilmore Road


Cincinnati, Ohio 45250-5496                                                                 Fairfield, Ohio 45014-5141














* * *





1
Order entered August 8, 2022

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-00107-CR

JERRELLE LAMAR MOORE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court

Collin County, Texas

Trial Court Cause No. 401-80973-2021

ORDER

Before the Court is court reporter Charla Reamy’s August 1, 2022 request 

asking the Court to accept State’s Exhibit 1 on a flash drive. We GRANT the 

request and ORDER State’s Exhibit 1 filed as of the date of this order.

/s/ LANA MYERS 

JUSTICE
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
Neuralstem, Inc. (the “Company”) Annual Report on Form 10-K/A for the year ended
December 31, 2009 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, I. Richard Garr, Chief Executive 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, to the best of my
knowledge:




(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: October 4,
2010






/s/ I. Richard Garr


I. Richard
Garr


Chief Executive
Officer
================================================================================

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 Aamaxan  Transport  Group,  Inc. on Form
10-KSB for the period ended  January 31, 2007 as filed with the  Securities  and
Exchange Commission (the "Report"), the undersigned,  in the capacity and on the
date indicated below,  hereby certifies  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 results of  operation of the
Company.

Date: March 15, 2007                     /s/ Marc Juliar

                                         Marc Juliar
                                         Chief Executive Officer and
                                         Chief Financial Officer


















--------------------------------------------------------------------------------
IN THE

TENTH COURT OF APPEALS

No. 10

- 15

- 00 239

- CV

ADAM M. BOROWSKI, M. D.,

BRIAN BULL, M.D. AND

HILLCREST FAMILY HEA LTH CENTER

, Appellant s

v.

KAREN AYERS, INDIVID UALLY AND

AS REPRESENTATIVE OF THE ESTATE

OF DARYL LYNN AYERS, DECEASED,

AND ETHAN AYERS

, Appellee s

From the 414th District Court

McLennan County, Texas

Trial Court No. 2012

- 3325

- 5

ORDER

The petition s for permission t o appeal interlocutory order are granted. See T EX

. R.

A PP

. P. 28.3(k).

PER CURIAMBorowski v. Ayers Page 2

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed September 24 , 2015

Do not publish