alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-2749

DALLICE M. ALLEN,

Plaintiff - Appellant,

versus

COKER COLLEGE; ANGIE MCKENZIE; DEBRA ORANDER,

Defendants - Appellees.

No. 97-1028

DALLICE M. ALLEN,

Plaintiff - Appellee,

versus

COKER COLLEGE; ANGIE MCKENZIE; DEBRA ORANDER,

Defendants - Appellants.

Appeals from the United States District Court for the District of

South Carolina, at Florence. Matthew J. Perry, Jr., Senior District

Judge. (CA-96-1733-4-10BD)
2

Submitted: July 24, 1997 Decided: September 24, 1997

Before HAMILTON, LUTTIG, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Dallice M. Allen, Appellant Pro Se. John Wood Francisco, PARKER,

POE, ADAMS & BERNSTEIN, Charlotte, North Carolina; Kevin Augustus

Dunlap, PARKER, POE, ADAMS & BERNSTEIN, Spartanburg, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

Dallice Allen appeals from the district court's order adopting

the magistrate judge's recommendation and denying her motion for a

default judgment. Coker College, Angie McKenzie, and Debra Orander

cross-appeal from the portion of the district court's order that

denies their motion to dismiss the action for insufficient service

of process. We dismiss the appeal and the cross-appeal for lack of

jurisdiction because the order is not appealable. This court may

exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(1994), and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither

a final order nor an appealable interlocutory or collateral order.

We deny as meritless Allen's motion for action against unethical conduct and dismiss the appeal and the cross-appeal as interlocutory. Further, we deny Allen's motions for a transcript and for

a stay of discovery pending appeal. 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.

DISMISSED
Amendment No. 1 to Loan Facility Letter

         This Amendment No. 1, dated as of 22 February 2001, to that certain
Loan Facility  Letter,  dated 25 September  2000,  between Andrew H. Baker and
Huntingdon Life Sciences Group plc (the "Facility Letter"), hereby amends the
Facility Letter as follows :

1.   Paragraph  3.1 of the  Facility  Letter is hereby  amended by deleting  the
     second  sentence  thereof and  replacing it with the  following:  "Interest
     calculated in accordance  with this paragraph 3.1 or paragraph 3.2 shall be
     payable monthly in arrears,  effective with the payment of interest accrued
     for the month of January 2001."


Accepted and agreed:


/s/ Andrew Baker
--------------------------------
Andrew Baker
Date:


--------------------------------
for and on behalf of Huntingdon Life
Sciences Group plc
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 12Federal Reserve Bank of: San FranciscoFilings received during the week ending January 18, 2014FilerFiling TypeFiling ProposalEnd of Comment PeriodFIRST UTAH BANCORPORATION                                                                                               CICNotice of Change in Control by Scott M. Browning, Salt Lake City, Utah;  Sally W. Browning, Salt Lake City, Utah; Gay Browning, Salt Lake City, Utah;  Diane B. Oblock, Richmond, Utah;  James M. Browning, Salt Lake City, Utah; Eliza R. Browning, Salt Lake City, Utah; Hannah B. Oblock, Richmond, Utah;  Alyson B. Oblock, Richmond, Utah; Jennifer H. Kawasaki, Gallatin Gateway, Montana; Christine H. Chambers, Tremonton, Utah; The Scott M. Browning Living Trust (Scott Browning and Sally Browning trustees), The Gay Browning Living Trust (Gay Browning and Scott Browning Trustees), The Diane B. Oblock Living Trust (Diane B. Oblock and Scott M. Browning Trustees), The First Utah Irrevocable Trust for benefit of  Alyson B. Oblock (Alyson B. Oblock and Hannah B. Oblock  Trustees), The First Utah Irrevocable Trust for benefit of Hannah B. Oblock (Hannah B. Oblock and Alyson B. Oblock Trustees), The First Utah Irrevocable Trust  for benefit of James M. Browning (James M. Browning and Eliza R. Browning Trustees), The First Utah Irrevocable Trust for benefit of  Eliza R. Browning (Eliza R. Browning and James M. Browning Trustees), The First Utah Irrevocable Trust for benefit of Robert T. W. Browning (James M. Browning and Eliza R. Browning Trustees), The First Utah Irrevocable Trust for benefit of Jennifer H. Kawasaki (Jennifer H. Kawasaki and Christine H. Chambers Trustees), The First Utah Irrevocable Trust  for benefit of Christine H. Chambers (Christine H. Chambers and Jennifer H. Kawasaki Trustees), to acquire and retain 25 percent or more of the voting shares of First Utah Bancorporation,and thereby indirectly acquire and retain voting shares of First Utah Bank, both of Salt Lake City, Utah. Newspaper: Not availableFederal Register: 01/28/2014TAIPEI FUBON COMMERCIAL BANK CO., LTD.                                                                                  FBSEATaipei Fubon Commercial Bank Co., Ltd,  Taipei, Taiwan, requests to establish a representative office in San Jose, California,  pursuant to section 211.24(a)(1) of Regulation K.Newspaper: Not availableFederal Register: Not applicable
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Plaintiff - Appellant,
v. VAL JOHNSON, Defendant - Appellee. No. 11-10201 D.C. No. 2:10-cr-00077-JCM-RJJ-1
MEMORANDUM *

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding Argued and Submitted September 11, 2012 San Francisco, California Before: WALLACE, THOMAS, and BERZON, Circuit Judges. The United States appeals from the se ntence imposed by the district court order denying forfeiture. We have juri sdiction under 28 U.S.C. § 1291. We vacate the district court’s sentence and remand for further proceedings consistent with United States v. Newman , 659 F.3d 1235 (9th Cir. 2011)
. 

# FILED
OCT 05 2012 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 Under Newman , the district court had no discretion to reduce or eliminate forfeiture. Id. at 1240. However, if the district court determines there is reason to question the accuracy of the stipulated forfeiture amount, it should take evidence of the amount of the proceeds. See id. at 1245-46. Though decided after the district court entered its sentence, Newman did not announce a new constitutional rule of crim inal procedure, and therefore is not barred from retroactive application under Teague v. Lane , 489 U.S. 288 (1989). See Reina-Rodriguez v. United States , 655 F.3d 1182, 1187 (9th Cir. 2011). Johnson waived any Eighth Amendment challenge to his forfeiture amount in his plea memorandum. See United States v. Joyce , 357 F.3d 921, 922 (9th Cir. 2004). Sentence VACATED and action REMANDED.
Exhibit 32.2


               Certification Pursuant to 18 U.S.C. Section 1350
               ------------------------------------------------
                      As Adopted Pursuant to Section 906
                      ----------------------------------
                      of the Sarbanes-Oxley Act of 2002
                      ---------------------------------


      In connection with the  Annual Report of Carrington  Laboratories, Inc.
 (the "Company") on Form 10-K for the fiscal year ended December 31, 2004  as
 filed with the Securities and  Exchange Commission (the "Report"),  I Robert
 W. Schnitzius, Chief Financial Officer of the Company, certify,  pursuant to
 18 U.S. C. S 1350, as adopted pursuant to S 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.


 Date:     March 24, 2005



 /s/ Robert W. Schnitzius
 ------------------------
 Chief Financial Officer
##### 



Exhibit 32.2 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of Lafarge North America Inc. (the Company) on Form
10-K for the year ending December 31, 2004 as filed with the Securities and Exchange Commission on
the date hereof (the Report), I, Eric C. Olsen, Executive Vice President and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:  (1)
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (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. March 1, 2005
    
    /s/ ERIC C. OLSENEric C. OlsenExecutive Vice President andChief Financial Officer
Release dates | Full version (300 KB PDF)Actions by the Board | Actions   under delegated authority  Applications and reports:Boston |New York |Philadelphia |Cleveland |Richmond |AtlantaChicago |St. Louis |Minneapolis |Kansas City |Dallas |San FranciscoDistrict: 7Federal Reserve Bank of: ChicagoFilings received during the week ending June 21, 2014FilerFiling TypeFiling ProposalEnd of Comment PeriodFIRST FARMERS BANK & TRUST                                                                                              * 18C
Case 1:08-cv-00117-WES   Document 6   Filed 04/18/08   Page 1 of 1
IV 

110TH CONGRESS 

1ST SESSION H. RES. 867 

Commending the Houston Dynamo soccer team for winning the 2007 Major 

League Soccer Cup. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 11, 2007 

Mr. GENE GREEN of Texas (for himself, Ms. JACKSON-LEE of Texas, Mr. 

CULBERSON, Mr. AL GREEN of Texas, Mr. LAMPSON, Mr. POE, and Mr. 

MCCAUL of Texas) submitted the following resolution; which was referred 

to the Committee on Oversight and Government Reform 

RESOLUTION 

Commending the Houston Dynamo soccer team for winning 

the 2007 Major League Soccer Cup. 

Whereas the Houston Dynamo soccer team won the 2007 

Major League Soccer Cup, defeating the New England 

Revolution by a score of 2–1 at RFK Stadium on November 18, 2007; 

Whereas as the Houston Dynamo came back from a 1–0 halftime deficit to defeat the Revolution; 

Whereas as Dwayne De Rosario, assisted on the tying goal 

to Joseph Ngwenya, scored the winning goal and was 

named the game’s MVP; 

Whereas as the Houston Dynamo were playing without Brian 

Ching, the MVP of last year’s MLS Cup due to injury; 


bajohnson on PROD1PC69 with BILLS
2 

•HRES 867 IH 

Whereas as the Houston Dynamo has won the Major League 

Soccer Cup for the second consecutive year; 

Whereas as the Houston Dynamo is the first team to win 

back-to-back MLS Cups in 10 years; 

Whereas as the Houston Dynamo have won the MLS Cup in 

their first 2 years of existence in Houston; 

Whereas Houston Dynamo Coach Dominic Kinnear has guided the team to 26 wins, 20 draws, and 16 losses in his 

first 2 seasons in Houston; and 

Whereas Houston Dynamo defender Eddie Robinson and 

midfielder Dwayne De Rosario were named to the 2007 

MLS Best XI all-star team: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) commends the Houston Dynamo soccer 

3 team for winning the 2007 MLS Cup; and 

4 (2) congratulates the team for back-to-back 

5 MLS Cup wins in their first 2 seasons in Houston. 

Æ 


bajohnson on PROD1PC69 with BILLS
Case 1:11-cv-02191-BNB Document 3 Filed 09/06/11 USDC Colorado Page 1 of 4
Case 1:11-cv-02191-BNB Document 3 Filed 09/06/11 USDC Colorado Page 2 of 4
Case 1:11-cv-02191-BNB Document 3 Filed 09/06/11 USDC Colorado Page 3 of 4
Case 1:11-cv-02191-BNB Document 3 Filed 09/06/11 USDC Colorado Page 4 of 4
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Interim Report of Integral Systems, Inc. (the
Company) on Form 10-K for the three months ended September 25, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, William M. Bambarger, the Chief Financial Officer and
Treasurer of the Company, certify, pursuant to and for purposes of 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 operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ WILLIAM M. BAMBARGER             
|William M. Bambarger                 
|Chief Financial Officer and Treasurer
|Date: December 9, 2009
#### In the Matter of Bela Borcsok, Petitioner, v Donald Selsky, as Director of Inmate Disciplinary Program, Respondent.

[744 NYS2d 772]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner, an inmate, was charged with smuggling, possession of contraband, tampering with state property, unauthorized exchange of property and being out of place, after an investigation revealed that he had used a CD burner to copy computer software and games, had added a CD-ROM drive to the computer in his work area and had given computer games and discs to another inmate. Following a tier III disciplinary hearing, he was found guilty of the charges and now challenges the determination.

Contrary to petitioner’s claim, we find that the misbehavior report and the testimony of the correction officer who prepared it constituted substantial evidence supporting the administrative determination of guilt *(see, Matter of Heradia v Goord,*294 AD2d 697; *Matter of Cendales v Goord,*293 AD2d 802). The author of the report testified that petitioner admitted during *679an interview that he had. used the CD burner to make copies of software and games, that he had given certain games to another inmate and had added a CD-ROM drive to his computer which he attempted to hide with masking tape. Petitioner’s claim that he did not make the admissions attributed to him created a credibility issue for the Hearing Officer to resolve *(see, Matter of Santiago v Goord,*287 AD2d 841). Moreover, by not raising it at the hearing, petitioner has not preserved his objection to the sufficiency of the misbehavior report *(see, Matter of Mays v Goord,*285 AD2d 847, *lv denied*97 NY2d 603). Were we to consider it, we would not find the omission of specific dates and times fatal, since the misconduct took place over several months and was the subject of a lengthy investigation *(see, id.; Matter of Moore v Goord,*279 AD2d 682). Therefore, we find no reason to disturb the determination at issue.

Cardona, P.J., Mercure, Peters, Spain and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
**Exhibit 15**

 

CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

Wehereby consent to the incorporation by reference in the Registration Statementon Form F-3 (No. 333-157381) of Westpac Banking Corporation of ourreport dated 4 November 2009 relating to the financial statements and theeffectiveness of internal control over financial reporting which appears in thisForm 20-F.

 

 
| /s/  PricewaterhouseCoopers |   |
|-----------------------------|--------|
|                        |   |
| PricewaterhouseCoopers      |   |
| Sydney,  Australia          |   |
| 4  November 2009       |   |

 

----
33

C.2. Expected Farm Loan Volume for the Next Quarter, Compared with a Year EarlierPercent

Purpose of loan

Total Feeder cattle Dairy Crop storage Operating 

Quarter Lower Same Higher Lower Same Higher Lower Same Higher Lower Same Higher Lower Same Hig

Seventh (Chicago) Federal Reserve District (IL*, IN*, IA, MI*, WI*)

2005: Q4... 10 51 39 17 65 17 12 83 5 17 67 16 7 39 

2006: Q1... 8 55 37 21 72 7 12 81 7 17 63 19 7 39  Q2... 16 55 29 15 78 7 13 80 7 15 60 25 10 49  Q3... 12 58 30 17 71 11 15 77 9 11 60 28 8 45  Q4... 18 47 35 27 66 7 15 78 7 9 53 38 17 40 2007: Q1... 10 51 38 23 68 8 13 79 8 5 51 45 9 42  Q2... 10 59 30 23 71 6 12 79 8 8 48 44 11 55  Q3... 15 50 35 16 72 12 9 86 5 5 58 37 13 46  Q4... 16 42 41 27 67 6 9 80 11 5 62 33 18 32 

Eleventh (Dallas) Federal Reserve District (LA*, NM*, TX)

2005: Q4... 12 73 15 17 64 19 12 79 4 13 76 6 12 69 

2006: Q1... 23 58 19 25 67 8 12 83 5 14 83 3 21 62  Q2... 25 61 14 35 61 4 11 82 2 13 77 5 20 58  Q3... 23 63 14 21 67 12 11 80 4 11 85 5 13 59  Q4... 14 66 20 26 63 11 10 80 5 10 85 6 11 66 2007: Q1... 13 64 24 18 72 10 12 77 5 12 81 7 7 65  Q2... 8 66 26 16 74 10 17 75 2 13 80 7 7 69  Q3... 10 72 18 15 75 10 11 80 3 8 75 18 7 69  Q4... 11 63 26 16 71 13 7 90 3 8 76 16 8 64 

Fifth (Richmond) Federal Reserve District (MD, NC, SC, VA, WV*)

2005: Q4... 28 61 11 14 71 14 20 80 0 13 75 13 26 58 

2006: Q1... 21 63 16 19 69 13 19 81 0 22 72 6 23 68  Q2... 16 74 11 0 87 13 21 79 0 13 81 6 21 68  Q3... 47 53 0 29 64 7 31 69 0 31 69 0 42 58  Q4... 25 70 5 18 76 6 24 76 0 16 68 16 25 70 2007: Q1... 26 58 16 20 67 13 21 64 14 44 50 6 21 58  Q2... 12 88 0 6 94 0 13 88 0 11 78 11 11 84  Q3... 36 64 0 18 82 0 20 80 0 8 58 33 21 71  Q4... 39 56 6 33 67 0 31 69 0 24 76 0 17 61  * State falls only partly within the indicated Reserve District. Source. Federal Reserve Bank quarterly surveys of agricultural credit conditions at commercial banks.
Exhibit 32.a  CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, 
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  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), the undersigned officer of DataJungle Software Inc. (the Company), does hereby certify, to such officers knowledge, that:  The Report on Form 10-QSB for the three months ended March 31, 2007 (the Form 10-QSB) of the Company fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the Form 10-QSB 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 Form 10-QSB.  Dated: May 15, 2007/s/Edward Munden
Edward Munden
President & Chief Executive Officer   The foregoing certification is being furnished as an exhibit to the Form 10-QSB pursuant to Item 601(b)(32) of Regulation S-B and Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) and, accordingly, is not being filed as part of the Form 10-QSB for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
<Page>



                                                                    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 Amendment to Annual Report of The Dress Barn Inc.
("the Company") on Form 10-K/A for the fiscal year ending July 26, 2003 as filed
with the Securities and Exchange Commission on the date hereof ("the Report"),
I, David R. Jaffe, President and 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, to the best of my knowledge that:

     (1) 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.

     The foregoing certification is provided solely for purposes of complying
with the provisions of Section 906 of the Sarbanes-Oxley Act of 2002 and is not
intended to be used for any other purpose.


/s/ DAVID R. JAFFE
------------------------------
David R. Jaffe
President and Chief Executive Officer
March 18, 2005


                                      F-29
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-13-00397-CV

IN THE INTEREST OF J.B., D.B., B.B., and J.G.B.

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2012-PA-00294

Honorable Fred Shannon, Judge Presiding1

BEFORE JUSTICE ANGELINI, JUSTICE MARTINEZ, AND JUSTICE ALVAREZ

In accordance with this court’s opinion of this date, the Order of Termination of the trial 

court is AFFIRMED. No costs are assessed against appellant.

SIGNED December 18, 2013.

_____________________________

Karen Angelini, Justice

1 Sitting by assignment
#### Ernest BURMASTER, Plaintiff-Appellant, v. PLAQUEMINES PARISH DEMOCRATIC EXECUTIVE COMMITTEE, Defendant-Appellee.

No. 18093.

Court of Appeal of Louisiana. Orleans.

Dec. 10, 1943.

Leander H. Perez, of New Orleans, for Clarence T. Kimble.

John J. Jackson, of New Orleans, for Charles Miller.

PER CURIAM.

Rule discharged. See opinion this day handed down in case entitled Miller v. Plaquemines Parish Democratic Executive Committee, La.App., 15 So.2d 782.

JANVIER, J., absent.