alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### PARGAS, INC., a Maryland Corporation, Appellee, v. EMPIRE GAS CORP., a Missouri Corporation, et al., Appellants.

No. 76-1624.

United States Court of Appeals, Fourth Circuit.

Argued June 11, 1976.

Decided June 14, 1976.

George Beall, Baltimore, Md., and Robert W. Sweet, New York City (Miles & Stock-bridge, Baltimore, Md., and Skadden, Arps, Slate, Meagher & Flom, New York City, on brief), for appellants.

James V. Dolan and David L. Roll, Washington, D. C. (Calvin H. Cobb, Jr., Steptoe & Johnson, Washington, D. C., Joseph H. H. Kaplan, J. Frederick Motz, Venable, Baetjer & Howard, Baltimore, Md., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, WINTER, and BUTZNER, Circuit Judges.

PER CURIAM:

Upon consideration of the record and briefs and after hearing argument, we are satisfied that the factual findings of the district court are not erroneous, that the district court correctly applied the law, and that it committed no abuse of discretion in formulating and issuing a preliminary injunction.

Affirmed.
<PAGE>

                                 EXHIBIT 23.1
                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation by
reference in this Registration Statement on Form S-8 pertaining to Stock Option
Agreement/William T. War of Inland Resources Inc. of our report dated March 24,
2000, with respect to the consolidated financial statements of Inland Resources
Inc. included in its Form 10-K for the year ended December 31, 1999.



                                                         /s/ Arthur Andersen LLP

Denver, Colorado
August 9, 2000
<PAGE>

                                                                    Exhibit 11



                          CENTRAL SPRINKLER CORPORATION

                            EARNINGS PER COMMON SHARE




                                            Three Months Ended
                                                January 31,
                                            1996            1995
                                           ------          ------
                                           (Amounts in thousands,
                                              except per share)

Net income                                 $ 1,041         $ 1,448
                                           =======         =======

Average number of common shares
  outstanding                                3,791           4,389

Adjustment to exclude average
  unallocated common shares in ESOP           (654)           (686)

Adjustment for assumed conversion
  of stock options                             215              49
                                           -------         -------

Average number of common shares              3,352           3,752
  per common share                         =======         =======
  

Earning per common share                   $   .31         $   .39
                                           =======         =======

                                       15
1

Appeal R e instated; Motion Granted; Appeal Dismissed and Memorandum Opinion filed February 2 , 2021.

In The



## Fourteenth Court of Appeals

NO. 14

- 20

- 00781

- CV

KEITH BRIAN ZACHARIAS , Appellant

V.
SARAH DOROTHY GISH, INDIVIDUALLY AND AS INDEPENDENT EXECUTRI X OF THE ESTATE OF C ALUDIA IMWALLE ZA CHARIAS , Appellee

On Appeal from Probate Court No

. 1 Harris County, Texas Trial Court Cause No. 474012

- 401

MEMORANDUM OPINION This is an appeal from a judgment signed October 15, 2020

. O n December 22, 2020, we abated this case and referre d the parties to mediation.2

On January 25, 2021, appellant filed a motion to dis miss the a ppeal. See Tex. R. App. P. 42.1. Appellant asserts th at the parties attended mediation and
settle d the claims, rendering the matters on appe a l moot

. We r einstate the appeal, grant appellant ’ s motion , and dismiss the appeal

.

PER CURIAM

Panel c onsists of Chief Justice Christopher and Justices Je well and Poissant.
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-90,093-01

EX P ARTE ANTHONY MOLINA, Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. CR16001830-F (1) IN THE 214TH DIS TRICT COURT

F ROM NUECES COUNTY

Per curiam . O R D E R Applicant was convicted of burg lary of a habitation, third-deg ree deadl y conduct, misdemeanor deadly conduct, and evading arr est. He was sentenc ed to imprisonment for one term of twenty y ear s, two terms of ten y ear s, and one term of one y ear . The Thirteenth Court of Appea ls aff irmed the judgme nt of conviction i n h i s b u rg lary case . Molina v. State , No. 13-17-00171- CR (Tex. App.—Corpus Christi-Edinburg June 28, 2018) (not desig nated f or publication). Applicant filed t his application for a writ of habeas corpus in t he county of conviction, and the district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. On Dec ember 18, 2019, the Court denied and dismiss ed with a written orde r t h at was withdrawn on this Court’s own motion on Fe bruar y 24, 2021.2

After rec onsidering the case on the Court’s own motion, we now dismiss the claims rela ted to Applicant’s misdemeanor conviction and deny the claims rela ting to his felony convictions. 1 Acc ording ly , this application is dism issed in part and de nied in part.

Filed: May

12, 2021 Do not publish

T E X . C O D E C R I M . P R O C . art. 11.07 § 3(a ). 1
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 U.S. Geothermal Inc. (the Company) on Form 10-K/A for the period ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report),
I, Daniel J. Kunz, President & 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:

(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.

|By | /s/ Daniel J. Kunz                   
|-- | -------------------------------------
|   | Daniel J. Kunz                       
|   | Chief Executive Officer and President

October 23, 2009

---
##### 



CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    the Periodic Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and2.
    
    the information contained in the Periodic Report fairly presents, in all
material respects, the financial condition and results of operations of the Company.
 Dated:
    March 30, 2007
    
    /s/ James G. PetcoffJames G. Petcoff, Chief Executive Officer
#### ICHELN v. HODGES.

Supreme Court of Florida.

June Term 1953.

Certiorari denied without opinion.
EXHIBIT 11



NORTH PITTSBURGH SYSTEMS, INC. AND SUBSIDIARIES



Statement of Computation of Earnings per Share

(Amounts in Thousands  Except Per Share Data)



|                                           |  |                                    |        |                                   |   |        |  |      |        |  |   |       
|------------------------------------------ |  | ---------------------------------- | ------ | --------------------------------- | - | ------ |  | ---- | ------ |  | - | ------
|                                           |  | For the Three MonthsEnded Sept. 30 |        | For the Nine MonthsEnded Sept. 30
|                                           |  | 2004                               |        | 2003                              |   | 2004   |  | 2003
|Net income                                 |  | $                                  | 4,721  |                                   | $ | 3,870  |  | $    | 13,766 |  | $ | 9,813 
|                                           |  |                                    |        |                                   |   |        |  |      |        |  |   |       
|Weighted average common shares outstanding |  |                                    | 15,005 |                                   |   | 15,005 |  |      | 15,005 |  |   | 15,005
|                                           |  |                                    |        |                                   |   |        |  |      |        |  |   |       
|Basic and diluted earnings per share       |  | $                                  | .31    |                                   | $ | .26    |  | $    | .92    |  | $ | .65   
|                                           |  |                                    |        |                                   |   |        |  |      |        |  |   |
Case 1:11-cv-02469-LTB Document 5 Filed 09/27/11 USDC Colorado Page 1 of 4
Case 1:11-cv-02469-LTB Document 5 Filed 09/27/11 USDC Colorado Page 2 of 4
Case 1:11-cv-02469-LTB Document 5 Filed 09/27/11 USDC Colorado Page 3 of 4
Case 1:11-cv-02469-LTB Document 5 Filed 09/27/11 USDC Colorado Page 4 of 4
<PAGE>

                                                        EXHIBIT 11

                NORTH PITTSBURGH SYSTEMS, INC. AND SUBSIDIARIES

                 Statement of Computation of Earnings per Share
                 (Amounts in Thousands - Except Per Share Data)


                              For the Three Months
                                 Ended March 31
                                 --------------

                                 2002        2001
                                -------     -------

Net Earnings                    $ 3,246     $ 1,474
                                =======     =======

Weighted average common
   shares outstanding            15,005      15,005
                                =======     =======

Basic and diluted earnings
   per share                    $   .22     $   .10
                                =======     =======
Date,Total,Households,Business,State and local govts.,Federal
1999,6.4,8.4,10.8,3.3,-1.9
2000,5.0,9.1,9.3,1.4,-8.0
2001,6.3,9.6,5.8,8.8,-0.2
2002,7.3,10.8,2.6,11.1,7.6
2003,8.1,11.6,2.5,8.3,10.9
2004,8.9,11.1,6.2,7.4,9.0
2005,9.5,11.0,8.7,10.2,7.0
2006,9.0,10.1,10.5,8.2,3.9
2007,8.7,6.6,13.5,9.3,4.9
2008,5.9,0.4,5.1,1.8,24.2
2008Q1,5.4,3.0,7.5,3.5,8.1
2008Q2,3.2,0.4,6.1,0.9,5.9
2008Q3,8.3,0.1,5.0,3.2,39.2
2008Q4,6.2,-2.0,1.5,-0.4,37.0
2009Q1,4.1,-1.1,-0.3,4.9,22.6
**Exhibit 32.1**

 

Certification Pursuant

To 18 U.S.C. 1350,

As Adopted Pursuant to

Section 906 of theSarbanes-Oxley Act of 2002

 

In connection with the Quarterly Report of CyanotechCorporation (the “Company”) on Form 10-Q for the period ended September 30,2007 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Gerald R. Cysewski, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1)                                      The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act (15 U.S.C. 78m or 78o (d)); and

 

2)                                      The information contained in the Reportfairly presents, in all material aspects, the financial condition and resultsof operations of the Company.

 
| Date:  | November 7, 2007 |   | /s/ Gerald R. Cysewski              |   |
|--------|-----------------------|--------|-------------------------------------|--------|
|   |                  |   | Gerald R. Cysewski                  |   |
|   |                  |   | Chairman of the Board of Directors, |   |
|   |                  |   | President and Chief Executive       |   |
|   |                  |   | Officer                             |   |

 

----
110TH CONGRESS 

1ST SESSION S. 1839

AN ACT

To require periodic reports on claims related to acts of 

terrorism against Americans perpetrated or supported 

by the Government of Libya.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1839 ES

1 SECTION 1. PERIODIC REPORTS ON CLAIMS RELATED TO 

2 ACTS OF TERRORISM AGAINST AMERICANS 

3 PERPETRATED OR SUPPORTED BY THE GOV4 ERNMENT OF LIBYA. 

5 (a) REPORTS REQUIRED.—

6 (1) IN GENERAL.—Not later than 60 days after 

7 the date of enactment of this Act, and every 180 

8 days thereafter until December 31, 2009, or the Sec9 retary of State makes the certification under sub10 section (b), the Secretary of State shall submit to 

11 the appropriate congressional committees a report 

12 on unresolved claims by nationals of the United 

13 States against the Government of Libya for acts de14 scribed in section 1605(a)(7) of title 28, United 

15 States Code. 

16 (2) CONTENT.—Each report submitted under 

17 paragraph (1) shall include—

18 (A) information on the status of negotia19 tions between the Government of Libya and the 

20 United States claimants; 

21 (B) a description of the specific actions 

22 that the United States Government is taking to 

23 encourage the Government of Libya to resolve 

24 such claims; and 

25 (C) any other information that the Sec26 retary of State considers appropriate. 
3

•S 1839 ES

1 (b) CERTIFICATION.—The certification referred to in 

2 paragraph (1) of subsection (a) is a certification submitted 

3 by the Secretary of State to the appropriate congressional 

4 committees that all claims by nationals of the United 

5 States described in such paragraph have been resolved. 

6 (c) DEFINITIONS.—In this section: 

7 (1) The term ‘‘appropriate congressional com8 mittees’’ means—

9 (A) the Committee on Foreign Relations, 

10 the Committee on Armed Services, and the 

11 Committee on Appropriations of the Senate; 

12 and 

13 (B) the Committee on Foreign Affairs, the 

14 Committee on Armed Services, and the Com15 mittee on Appropriations of the House of Rep16 resentatives. 

17 (2) The term ‘‘national of the United States’’ 

18 has the meaning given the term in section 

19 101(a)(22) of the Immigration and Nationality Act 

20 (8 U.S.C. 1101(a)(22)). 

Passed the Senate October 18, 2007. 

Attest:

Secretary. 
110TH CONGRESS 

1ST SESSION S. 1839

AN ACT

To require periodic reports on claims related to acts 

supported by the Government of Libya.of terrorism against Americans perpetrated or
S. 188

One Hundred Tenth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Thursday,

the third day of January, two thousand and eight

An Act

To revise the short title of the Fannie Lou Hamer, Rosa Parks, and Coretta Scott

King Voting Rights Act Reauthorization and Amendments Act of 2006.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

Section 1 of the Fannie Lou Hamer, Rosa Parks, and Coretta

Scott King Voting Rights Act Reauthorization and Amendments

Act of 2006 (Public Law 109–246) is amended by striking ‘‘and

Coretta Scott King’’ and inserting ‘‘Coretta Scott King, Ce ́sar E.

Cha ́vez, Barbara C. Jordan, William C. Vela ́squez, and Dr. Hector

P. Garcia’’.

SEC. 2. CONFORMING AMENDMENTS.

Paragraphs (7) and (8) of section 4(a), and section 13(a)(1),

of the Voting Rights Act of 1965 (42 U.S.C. 1973b(a), 1973k(a)(1))

are each amended by striking ‘‘and Coretta Scott King’’ and

inserting ‘‘Coretta Scott King, Ce ́sar E. Cha ́vez, Barbara C. Jordan,

William C. Vela ́squez, and Dr. Hector P. Garcia’’.

SEC. 3. CONSTRUCTION.

Title I of the Voting Rights Act of 1965 (42 U.S.C. 1973 et

seq.) is amended by adding at the end the following:

‘‘SEC. 20. A reference in this title to the effective date of

the amendments made by, or the date of the enactment of, the

Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Ce ́sar E.

Cha ́vez, Barbara C. Jordan, William C. Vela ́squez, and Dr. Hector

P. Garcia Voting Rights Act Reauthorization and Amendments Act

of 2006 shall be considered to refer to, respectively, the effective

date of the amendments made by, or the date of the enactment
S. 188—2

of, the Fannie Lou Hamer, Rosa Parks, and Coretta Scott King

Voting Rights Act Reauthorization and Amendments Act of 2006.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
* 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.

United States Court of Appeals

Fifth Circuit

FILED

June 22, 2005

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-51388

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALFREDO MARTINEZ-AGUILERA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:04-CR-1397-ALL

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

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Alfredo MartinezAguilera raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235 (1998), which held

that a prior conviction is a sentencing factor under 8 U.S.C. 

§ 1326(b)(2) and not a separate criminal offense. The

Government’s motion for summary affirmance is GRANTED, and the

judgment of the district court is AFFIRMED.
#### The People of the State of New York, Respondent, *v.*Charles Hussock, Appellant.*

Court of Special Sessions of City of New York, Appellate Part, First Department,

November 26, 1940.

*Joseph G. Glass*and *Joseph F. Rutherford*for appellant.

*Thomas E. Dewey, District Attorney (Stanley H. Fuld*and *Manuel Lee Robbins*of counsel), for respondent.

*

 Certiorari denied 312 U. S. 659.

*Per Curiam.*

Appeal from judgment of the Magistrate’s Court of the City of New York, Borough of Manhattan, 7th District, rendered May 20, 1940, convicting defendant of a violation of subdivision 3 of section 722 of the Penal Law.

*183The complaint charged that on March 28, 1940, at Broadway and 44th Street, New York County, defendant committed the offense of disorderly conduct in violation of subdivision 2 of section 722 of the Penal Law for the reason that at the time and place specified defendant unlawfully and with intent to provoke a breach of the peace and whereby a breach of the peace might be occasioned, did ‘‘ at about 7:45 p.m. this date while selling magazines, cause a crowd to collect, and refuse to move on when ordered by the deponent.”

It is clear from the record that although the complaint specifically charged a violation of subdivision 2 of said section 722, the court found defendant guilty of refusing to move on when ordered so to do by the policeman. In other words, the conviction was based upon a violation of subdivision 3 of said section 722, pursuant to which a person may be adjudged guilty of disorderly conduct who “ Congregates with others on a public street and refuses to move on when ordered by the police.” It has been held that under said section 722, it is not necessary to specify in the complaint the particular subdivision alleged to have been violated. (See *People*v. *Hippie,*263 N. Y. 242.) It is sufficient if the defendant be convicted of the violation of any subdivision of said section. In the present case defendant was charged with refusing to move on when ordered so to do and the failure to specify that this constituted a violation of subdivision 3 of said section is immaterial. A great deal of appellant’s brief is taken up with the contention that said section 722 as applied by the court below is unconstitutional in that it deprives defendant of his liberty of assembly, freedom of speech and of the press and of his liberty to worship according to the dictates of his conscience. Appellant further contends that subdivision 3 of section 722 of the Penal Law is invalid for the reason that it vests arbitrary and discriminatory power in the police, thereby leaving the question of a violation to the whim of the police. It must be said, however, that most rights under the law are relative and must be exercised with reference to the public weal. Prom a reading of the record we are of the opinion that defendant was properly convicted of a violation of subdivision 3 of section 722 of the Penal Law and that the judgment should be affirmed.

Bayes, Ch. J., De Luca and Salomon, JJ., concur.

Judgment affirmed, etc.
null

2011-11-07

264.77243

eng - Argued: 2011-11-07. Docket number: 5-09-0566
**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 United eSystems, Inc. (the “Company”) on Form 10-KSB for the year ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the“Report), Walter Reid Green, Jr., as Principal Financial Officer of the Company hereby certifies, 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 his knowledge, that:

| (1)    | the Report fully complies with the requirements 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 financial condition and results of operations of the Company. |

| /s/ Walter Reid Green,Jr.                                              |
|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Walter Reid Green, Jr.                                                                                                                                                                                                                                                                                  |
| Treasurer and Principal Financial Officer                                                                                                                                                                                                                                                               |
| Date:  March 31, 2006                                                                                                                                                                                                                                                                         |

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, asamended.