alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 1447** 

NATIONWIDE MUTUAL INSURANCE COMPANY, as successor by merger to Harleysville Mutual Insurance Company , Plaintiff

– Appellee ,

v. SELECTIVE INSURANCE COMPANY OF SOUTH CAROLINA , Defendant

– Appellant , and WELL SERVICE GROUP, INC.; JOSHUA UNDERWOOD; DIAMOND TECHNICAL SERVICES, INC. , Defendants

.

Appeal from the United States District Court for the Northern District of West Virginia , at Clarksburg

. Irene M. Keeley , District Judge. ( 1:13

- cv - 00104

- IMK )

Submitted : November 26, 2014 Decided: December 8, 2014

Before KING, KEENAN, and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion

.

Kenneth M. Portner , WEBER GALLAGHER SIMPSON STAPLETON FIRES & NEWBY , Philadelphia, Pennsylvania, for Appellant. Brian S. Kane , Matthew A. Meyers , DAPPER, BALDASARE, BENSON, BEHLING & KANE,2 P .C. , Pittsburgh, P ennsylvania, for Appellee.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Selective Insurance Company of South Carolina (Selective) appeals from the district court’s order granting summary judgment in favor of Nationwide Mutual Insurance Company (Nationwide) in Nationwide’s declaratory judgment action against Selective seeking a declaration from the court that Nationwide had no duty to defend or indemnify Selective’s insureds with respect to any claim arising out of an October 2012 automobile accident. Finding no error, we affirm.

We review a district court’s grant of summary j udgment de novo, viewing the facts and drawing reasonable inferences in the light most favorable to the nonmoving party. Halpern v. Wake Forest Univ. Health Scis. , 669 F.3d 454, 460 (4th Cir. 2012). Summary judgment is appropriate when “there is no genui ne dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A district court should grant summary judgment unless a reasonable jury could return a verdict for the nonmoving party on the evidence p resented. Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 249 (1986). With these standards in mind , we have reviewed the record and examined each of Selective ’s claims and conclude that they are without merit . The district court correctly applied Pennsylvania law to conclude that Selective’s insured, Well4 Service Group, Inc. (WSG), was the sole owner of the vehicle involved in the October 2012 accident and that Nationwide had no duty to defend or indemnify WSG or its employee with respect to any cl aim arising out of the accident. Accordingly, we affirm the district court’s judgment. We grant Nationwide’s unopposed motion to file a sur reply brief, and consider the brief tendered with the motion

. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JOSE BUSCAY,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 08-74072

Agency No. A079-528-821

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 11, 2013** 

Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges.

Jose Buscay, a native and citizen of the Philippines, petitions pro se for

review of the Board of Immigration Appeals’ order dismissing his appeal from an

immigration judge’s decision denying his application for asylum, withholding of

removal, and protection under the Convention Against Torture (“CAT”). We have

FILED

FEB 20 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 08-74072

jurisdiction under 8 U.S.C. § 1252. We review for substantial evidence the

agency’s factual findings. Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.

2006). We deny the petition for review.

Substantial evidence supports the agency’s finding that Buscay failed to

establish past persecution because his experiences of mistreatment due to his

homosexuality and female sexual identity, even considered cumulatively, did not

rise to the level of persecution. See Nagoulko v. INS, 333 F.3d 1012, 1016-18 (9th

Cir. 2003) (discrimination, harassment, and being fired from job did not compel

finding of past persecution); Gu v. Gonzales, 454 F.3d 1014, 1020 (9th Cir. 2006)

(single detention and beating that did not require medical treatment did not compel

past persecution finding). Further, as Buscay has not established past persecution,

he is not entitled to a presumption of future persecution, see Molina-Estrada v.

INS, 293 F.3d 1089, 1096 (9th Cir. 2002), or to humanitarian asylum, see 8 C.F.R.

§ 1208.13(b)(1)(iii). In addition, substantial evidence supports the agency’s

determination that Buscay did not establish a well-founded fear of persecution. 

See Loho v. Mukasey, 531 F.3d 1016, 1017-18 (9th Cir. 2008) (history of willingly

returning to home country militates against finding of well-founded fear). 

Accordingly, Buscay’s asylum claim fails.
3 08-74072

Because Buscay failed to meet the lower standard of proof for asylum, his

claim for withholding of removal necessarily fails. See Zehatye, 453 F.3d at 1190.

Finally, substantial evidence also supports the agency’s denial of CAT relief

because Buscay failed to establish it is more likely than not he would be tortured at

the instigation of or with the acquiescence of the government if returned to the

Philippines. See Silaya v. Mukasey, 524 F.3d 1066, 1073 (9th Cir. 2008).

PETITION FOR REVIEW DENIED.
<PAGE>

                                                                   EXHIBIT 10.13

                                       September 27, 1996

Greg Hildebrand

RE:      EMPLOYMENT TERMS

Dear Mr. Hildebrand:

Berkeley Integrated Technologies, Inc. is pleased to offer you the position of
Administrative and Finance Manager, on the following terms.

You will be responsible for business development and financial management. You
will work at our facility located at 2201 Broadway, Oakland, CA. Of course,
Berkeley Integrated Technologies, Inc. may change your position, duties, and
work location from time to time as it deems necessary.

Your compensation will be $6,000 per month, less payroll deductions and all
required withholdings. $3,600 per month of your compensation will be deferred
until September 27, 1997. You will be paid monthly and you will be eligible for
the following standard Company benefits as plans are established by the company:
medical insurance, vacation, sick leave, holidays. Details about these benefit
plans are available for your review. Berkeley Integrated Technologies, Inc. may
modify compensation and benefits from time to time as it deems necessary.

As a Berkeley Integrated Technologies, Inc. employee, you will be expected to
abide by Company rules and regulations, and sign and comply with a Proprietary
Information and Inventions Agreement which prohibits unauthorized use or
disclosure of Berkeley Integrated Technologies, Inc. proprietary information.

Normal working hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday. As
an exempt salaried employee, you will be expected to work additional hours as
required by the nature of your work assignments.

You may terminate your employment with Berkeley Integrated Technologies, Inc. at
any time and for any reason whatsoever simply by notifying Berkeley Integrated
Technologies, Inc. Likewise, Berkeley Integrated Technologies, Inc. may
terminate your employment at any time and for any reason whatsoever, with or
without cause or advance notice. This at-will employment relationship cannot be
changed except in a writing signed by a Company officer.

The employment terms in this letter supersede any other agreements or promises
made to you by anyone, whether oral or written. As required by law, this offer
is subject to satisfactory proof of your right to work in the United States.

Please sign and date this letter, and return it to me if you wish to accept
employment at Berkeley Integrated Technologies, Inc. under the terms described
above.

<PAGE>

We look forward to your favorable reply and to a productive and enjoyable work
relationship.

Sincerely,

/s/ Greg Hildebrand

-------------------------
Greg Hildebrand

ACCEPTED:

/s/ Greg Hildebrand

-------------------------
Greg Hildebrand

September 27, 1996

-------------------------
Date

WITNESSED:

/s/ Craig Teuscher

-------------------------
Craig Teuscher

September 27, 1996

-------------------------
Date
EXHIBIT 32.2

The following certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350 and in accordance with SEC Release No. 33-8238. The certification shall not be deemed filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, nor shall it be incorporated by reference in any filing of the Company under the Securities Act of 1933, as amended, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.

CERTIFICATION OF

PRINCIPAL FINANCIAL OFFICER

In connection with the accompanying Annual Report
of MSC.Software Corporation (the Company) on Form 10-K for the period ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Sam M. Auriemma, Executive Vice
President, Chief Financial Officer (Principal Financial Officer) of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 Section 15(d), as applicable, 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 7, 2008 |  | By: |  | /s/ Sam M. Auriemma                              
|                    |  |     |  | SAM M. AURIEMMA                                  
|                    |  |     |  | Executive Vice President, Chief Financial Officer
|                    |  |     |  | (Principal Financial Officer)
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2099 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 612
107th CONGRESS
  2d Session
                                H. R. 2099

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2002

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT

 
 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
   provide adequate funding authorization for the Vancouver National 
                           Historic Reserve.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. INCREASE IN AUTHORIZATION FOR RESERVE.

    Section 502(d) of division I of the Omnibus Parks and Public Lands 
Management Act of 1996 (16 U.S.C. 461 note; 110 Stat. 4154) is amended 
by striking ``$5,000,000'' and all that follows through the period and 
inserting ``$15,000,000 for development costs associated with capital 
projects consistent with the cooperative management plan, except that 
the Federal share of such development costs shall not exceed 50 percent 
of the total costs.''.

            Passed the House of Representatives September 24, 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.

                                                       Calendar No. 612

107th CONGRESS

  2d Session

                               H. R. 2099

_______________________________________________________________________

                                 AN ACT

 To amend the Omnibus Parks and Public Lands Management Act of 1996 to 
   provide adequate funding authorization for the Vancouver National 
                           Historic Reserve.

_______________________________________________________________________

                           September 25, 2002

            Received; read twice and placed on the calendar
```
**Exhibit
      32.1**




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




In
      connection with the Annual Report of Foldera, Inc. (the “Company”) on Form
      10-KSB for the year ended December 31, 2007 as filed with the Securities and
      Exchange Commission (the “Report”), I, Hugh Dunkerley, President and Chief
      Executive Officer, 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 operations of the Company.


March
                        27, 2008
                
                /s/
                    Hugh DunkerleyHugh
                        Dunkerley
                      President
                        and Chief Executive
                        Officer
Case 1:11-cv-01968-CMA-BNB Document 6 Filed 08/11/11 USDC Colorado Page 1 of 2
Case 1:11-cv-01968-CMA-BNB Document 6 Filed 08/11/11 USDC Colorado Page 2 of 2
Exhibit 13.1

Certification of Chief Executive Officer

Pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Telefonaktiebolaget LM
Ericsson (publ) (the Company) hereby certifies, to such officers knowledge, that:



| | (i) | the Annual Report on Form 20-F of the Company for the period ended December 31, 2017 (the 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Dated March 27, 2018



/s/ Börje EkholmBörje EkholmPresident and Chief Executive Officer


The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350, and is
not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be 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.
Case 1:11-cv-01937-LTB Document 2 Filed 08/02/11 USDC Colorado Page 1 of 4
Case 1:11-cv-01937-LTB Document 2 Filed 08/02/11 USDC Colorado Page 2 of 4
Case 1:11-cv-01937-LTB Document 2 Filed 08/02/11 USDC Colorado Page 3 of 4
Case 1:11-cv-01937-LTB Document 2 Filed 08/02/11 USDC Colorado Page 4 of 4
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

806 

KA 12-00385 

PRESENT: CENTRA, J.P., SCONIERS, VALENTINO, WHALEN, AND MARTOCHE, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V ORDER

KEVIN C. ANDREWS, ALSO KNOWN AS KEVIN ANDREWS, 

ALSO KNOWN AS KEVIN CHRISTOPHER ANDREWS, 

DEFENDANT-APPELLANT.

 

DAVID J. PAJAK, ALDEN, FOR DEFENDANT-APPELLANT. 

LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (WILLIAM G. ZICKL OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Genesee County Court (Robert C.

Noonan, J.), rendered February 21, 2012. The judgment convicted

defendant, upon his plea of guilty, of attempted burglary in the

second degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Entered: June 28, 2013 Frances E. Cafarell

Clerk of the Court
| (1)   | such                Form 10QSB of ZAP for the nine months ended September 30, 2005, fully                complies with the requirements of Section 13 (a) or 15 (d) of the                Securities Exchange of 1934; and |
|-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (2)   | the                information contained in such Form 10-QSB of ZAP for the nine months                ended                September 30, 2005, fairly presents, in all material respects, the                financial condition and results of operations of ZAP                . |
|-----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                   |                                                               |                                    |
|----------------------------------------|--------------------------------------------------------------------|-----------------------------------------|
|                                   |                                                               |
|                              |                                                          |                               |
| Date:                November 11, 2005 | By:                                                      | /s/ Steve                Schneider |
|                                   | Steve                Schneider                                     |
|                                   | Director                and Chief                Executive Officer |
**Exhibit 32.1****RADYNE CORPORATION****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 Radyne Corporation (the “Company”) on Form 10-K for theyear ended December 31, 2005 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), each of the undersigned certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of hisknowledge: (1) The Report fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all materialrespects, the consolidated financial condition and results of operations of the Company./s/ Robert C. FittingRobert C. Fitting
Exhibit 23.1











CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM











We consent to the incorporation by reference in the Registration Statements on Form S-8 (File Nos. 333-142138, 33-60781, 333-96097, 333-82682, and 333-165840) of UniFirst Corporation of our reports dated October 27, 2010, with respect to the consolidated financial statements and schedule of UniFirst Corporation, and the effectiveness of internal control over financial reporting of UniFirst Corporation, included in this Annual Report (Form 10-K) for the year ended August 28, 2010.








/s/ Ernst & Young LLP


Boston, Massachusetts





October 27, 2010
EXHIBIT 32.1

CHIEF EXECUTIVE OFFICER CERTIFICATION OF PERIODIC REPORT UNDER SECTION 906 OF THE SARBANES-OXLEY ACT

I, Gary W. Rada, certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1) the Quarterly Report on Form 10-Q of the Company
for the quarter ended May 5, 2007 (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 June 14, 2007



|                                     
|-------------------------------------
|/s/ Gary W. Rada                     
|Gary W. Rada                         
|President and Chief Executive Officer
[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Page 56613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22880]


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

DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Importer of Controlled Substances; Notice of Registration

    By Notice dated March 11, 2008 and published in the Federal 
Register on March 19, 2008 (73 FR 14839), AllTech Associates Inc., 2051 
Waukegan Road, Deerfield, Illinois 60015, made application to the Drug 
Enforcement Administration (DEA) to be registered as an importer of the 
basic classes of controlled substances listed in schedule II:

------------------------------------------------------------------------
                    Drug                               Schedule
------------------------------------------------------------------------
Cocaine (9041).............................  II
Codeine (9050).............................  II
Hydrocodone (9193).........................  II
Meperidine (9230)..........................  II
Methadone (9250)...........................  II
Morphine (9300)............................  II
------------------------------------------------------------------------

    The company plans to import these controlled substances for the 
manufacture of reference standards.
    No comments or objections have been received. DEA has considered 
the factors in 21 U.S.C. 823(a) and 952(a) and determined that the 
registration of AllTech Associates Inc. to import the basic classes of 
controlled substances is consistent with the public interest and with 
United States obligations under international treaties, conventions, or 
protocols in effect on May 1, 1971, at this time. DEA has investigated 
AllTech Associates Inc. to ensure that the company's registration is 
consistent with the public interest. The investigation has included 
inspection and testing of the company's physical security systems, 
verification of the company's compliance with state and local laws, and 
a review of the company's background and history. Therefore, pursuant 
to 21 U.S.C. 952(a) and 958(a), and in accordance with 21 CFR 1301.34, 
the above named company is granted registration as an importer of the 
basic classes of controlled substances listed.

    Dated: September 22, 2008.
Joseph T. Rannazzisi,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. E8-22880 Filed 9-26-08; 8:45 am]
BILLING CODE 4410-09-P