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

[Congressional Record Volume 141, Number 65 (Friday, April 7, 1995)]
[Senate]
[Page S5559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              CONFIRMATION

  Executive nomination confirmed by the Senate April 7, 1995:
                     department of veterans affairs

       Dennis M. Duffy, of Pennsylvania, to be an Assistant 
     Secretary of Veterans Affairs (Policy and Planning).
       The above nomination was approved subject to the nominee's 
     commitment to respond to requests to appear and testify 
     before any duly constituted committee of the Senate. 

```
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

** The Honorable Jack Zouhary, United States District Judge for the Northern District of Ohio, sitting by designation. NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

BRADLEY D. AUSMUS and ELIZABETH A. AUSMUS, Plaintiffs-Appelants,

v. LEXINGTON INSURANCE COMPANY; AMERICAN INTERNATIONAL GROUP, INC. DOES 1-100, INCLUSIVE Defendants-Appellees. Nos. 09-55831 09-56137 D.C. No. 3:08-cv-2342-L-LSP MEMORANDUM *

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding Argued and Submitted November 3, 2010 Pasadena, California Before: GOODWIN and RAWLINSON, Circuit Judges, and ZOUHARY, District Judge. ** 

# FILED

FEB 09 2011 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS-2- This is an insurance coverage disput e filed by Bradley and Elizabeth Ausmus (the “Ausmuses”) against Lexington Insura nce Company and American International Group, Inc. (collectively “Lexington”). (A IG was the parent co mpany of Lexington.) The Ausmues are seeking insurance covera ge for defective work performed by a contractor, a Lexington insured. The distri ct court dismissed the Complaint pursuant to Federal Civil Rule 12(b)(6), finding th e claims were barred by one of the policy exclusions. A later Motion to Vacate Judgment was denied. The district court concluded the polic y exclusion was (a) plain, clear and conspicuous, and (b) the insure r was not required to provide its insured with advance notice of the reduction in coverage. The district court also concluded that the Ausmuses failed to raise their California common law argument in opposition to the Motion to Dismiss, thereby waiving that argument in their later Motion to Vacate Judgment. This court reviews de novo a district court’s grant of a Rule 12(b)(6) motion to dismiss, Knievel v. ESPN , 393 F.3d 1068, 1072 (9th Cir. 2005), and the denial of a motion under Rule 59(e) to alter or amend the judgment for an abuse of discretion, Ta Chong Bank Ltd. v. Hitachi High Techs. Am., Inc ., 610 F.3d 1063, 1066 (9th Cir. 2010) (citing McQuillion v. Duncan , 342 F.3d 1012, 1014 (9th Cir. 2003)).-3- After carefully reviewing th e record, the applicable la w, and the parties’ briefs, we are convinced that the district court di d not err in its conclu sions. As the district court’s opinions carefully and correctly se t out the law governing the issues raised, and clearly articulate the reasons underlyi ng its decisions, issuance of a full written opinion by this Court would serve no useful purpose. Accordingly, for the reasons stated in the district court’s opinions dated April 22, 2009 and July 15, 2009, respectively, we AFFIRM.
News United States Air Force
 Around the Air Force: Jan. 12Published Jan. 12, 2018
                        
                        By Staff Sgt. Robert Kingery
                        
                        
                        Air Force TV
                
                **FORT GEORGE G. MEADE, Md. (AFNS)** – On this look around the Air Force, Iraqi maintenance airmen are certified.  The 493rd Expeditionary Fighter Squadron passes the reins of NATO’s Baltic air policing mission and the 20th  Air Force commander is confirmed by the Senate. Hosted by Staff Sgt. Robert Kingery.
For previous episodes, click **here** for the Air Force TV page.
Related links:
- **Iraqi Air Force graduates first craftsman maintenance technicians**
- **RAF Lakenheath jets complete Baltic Air Policing rotation**
- **20th Air Force commander confirmed for promotion by U.S. Senate**commander 



air base 



20th Air Force 



NATO 



senate 



Iraq 



Around the Air Force 



Featured Videos 



Baltic Air Police Mission 



Iraqi Airmen Certification 



Al Muthana AB 



493rd Expeditionary Fighter Squadron 



493rd EFS 



Air Force AF 



ATAF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6066

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus ELRAY ROGERS, a/k/a Elray Rodgers, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CR-95-115, CA-98-633-2) Submitted: March 25, 1999 Decided: March 31, 1999 Before WILKINS and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Elray Rogers, Appellant Pro Se. Kevin Michael Comstock, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Elray Rogers seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Rogers , Nos. CR-95-115; CA-98-633-2 (E.D. Va. Dec. 15, 1998). 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
News United States Air Force
 Total force integration: 9th LRS, Reservists fuel Beale AFB aircraftPublished Aug. 14, 2018
                        
                        By Senior Airman Justin Parsons
                        
                        
                        9th Reconnaissance Wing Public Affairs
                **BEALE AIR FORCE BASE, Calif. (AFNS) --**
                The 9th Logistics Readiness Squadron petroleum, oil and lubricants flight works to ensure the mission at Beale Air Force Base maintains a steady rate.
POL runs 24-hour operations to ensure the 9th Reconnaissance Wing's inventory of U-2 Dragon Ladies, RQ-4 Global Hawks and T-38 Talons receive fuel needed to execute the mission. In addition, they support the 940th Air Refueling Wing's KC-135 Stratotanker mission.
"In distribution, we are responsible for delivering fuel to all the aircraft, both at home station and transient, as well as any other facilities that need fuel,” said Staff Sgt. Kenny Mau, 9th LRS fuels distribution supervisor. "That includes working with the 940th [ARW] to make sure their aircraft are fueled up."
Mau believes it's important that his shop supports the 940th ARW mission because of the role the wing plays.
“They support missions throughout the West Coast and down range in refueling fighters and other aircraft,” said Mau. “Not just Reserves [aircraft] either, they refuel our [active duty] jets as well, helping us complete the mission.”
Besides working to keep 940th ARW aircraft ready to fly, the POL shop also works with Reserve Airmen to ensure they stay proficient in their skills by having them work on various aircraft housed at Beale AFB.
Mau said Airmen who need a refresher, or have just graduated from technical training, will work alongside active duty members to gain real-world experience.
Meeting the demand for both wings brings a high work tempo and creates challenges, which Airmen overcome everyday.
According to Airman 1st Class Matthew Crutchfield, 9th LRS POL operator, Airmen brave the elements and weather year-round during the shop’s 24-hour operations.
“At the end of the day you might be tired, but we know we have to do the job,” said Crutchfield.9th Reconnaissance Wing 



Beale Air Force Base 



9th Logistics Readiness Squadron 



U-2 Dragon Lady 



RQ-4 Global Hawks 



T-38 Talon 



940th Air Refueling Wing 



KC-135 Stratotanker 



Total Force Integration 



#flyfightwin 



ISR 



intelligence 



surveillance 



reconnaissance 



9th RW 



Beale AFB 



ACC 



Air Combat Command 



9th LRS 



940th ARW 



KC-135 



Stratotanker
COURT OF APPEALS OF VIRGINIA

Present: Judges Baker, Elder and Fitzpatrick

JOSEPH A. COLOSIMO, JR.

v. Record No. 2669-96-3 MEMORANDUM OPINION * PER CURIAM VIRGINIA TRUCK CENTER, INC. MARCH 18, 1997 AND GLOBE INDEMNITY COMPANY

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (Robert M. McAdam; David W. Hearn; Wooten & Hart, P.C., on brief), for appellant. (Richard D. Lucas; Carter, Brown & Osborne, P.C., on brief), for appellees.

Joseph A. Colosimo, Jr. (claimant) contends that the Workers' Compensation Commission (commission) erred in finding that he failed to prove that he sustained an injury by accident arising out of his employment on November 28, 1995. Upon reviewing the record and the briefs of the parties, we conclude that this appeal is without merit. Accordingly, we summarily

affirm the commission's decision. Rule 5A:27. On appeal, we view the evidence in the light most favorable to the party prevailing below. R.G. Moore Bldg. Corp. v.

Mullins , 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). To recover benefits, claimant must establish that he suffered an "injury by accident arising out of and in the course of the employment," Code § 65.2-101, and "that the conditions of the

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.2 workplace or some significant work related exertion caused the injury." Plumb Rite Plumbing Serv. v. Barbour , 8 Va. App. 482, 484, 382 S.E.2d 305, 306 (1989). "The phrase arising 'out of' refers to the origin or cause of the injury." County of

Chesterfield v. Johnson , 237 Va. 180, 183, 376 S.E.2d 73, 74 (1989). "Whether an injury arises out of the employment is a mixed question of law and fact and is reviewable by the appellate

court." Plumb Rite , 8 Va. App. at 483, 382 S.E.2d at 305. However, unless we conclude that claimant proved, as a matter of law, that his employment caused his injury, the commission's finding is binding and conclusive on appeal. Tomko v. Michael's Plastering Co. , 210 Va. 697, 699, 173 S.E.2d 833, 835 (1970). In denying claimant's application, the commission found as

follows: Injuries resulting from simple acts of bending or turning, absent a contributing factor from the workplace, are not compensable. In this case, the claimant merely bent over to pick up a virtually weightless object. He was not in a confined space or awkward position. We therefore find that the injury did not occur out of the employment.

The evidence established that claimant did not engage in any significant exertion, that his action of bending to retrieve a book from a filing cabinet drawer did not involve any awkward position, and that no condition or hazard peculiar to his workplace caused his injury. Therefore, we hold that claimant failed to prove as a matter of law that his injury arose out of3 his employment.

For the reasons stated, we affirm the commission's decision.

Affirmed.
#### JOHN VISPISIANO v. ASHLAND CHEMICAL CO.

July 23, 1985.

Petition for certification granted.
#### STATE OF NEW JERSEY v. ELIJA RICHE.

March 4, 1985.

Petition for certification denied.
EXHIBIT 32.2





INVISA, INC.


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 Invisa, Inc. (the “Company”) on Form 10-K for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Edmund C. King, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





1.    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





2.    The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.








/s/Edmund C. KingEdmund C. KingChief Financial OfficerJuly 5, 2011
<TABLE> <S> <C>

<ARTICLE>       5
       
<S>                          <C>
<PERIOD-TYPE>                      3-MOS
<FISCAL-YEAR-END>            Sep-30-1997
<PERIOD-END>                 Jun-30-1998
<CASH>                           447,025
<SECURITIES>                           0
<RECEIVABLES>                    132,869
<ALLOWANCES>                           0
<INVENTORY>                            0
<CURRENT-ASSETS>                 713,967
<PP&E>                         7,883,509
<DEPRECIATION>                 2,950,888
<TOTAL-ASSETS>                 5,829,738
<CURRENT-LIABILITIES>            162,428
<BONDS>                                0
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<COMMON>                               0
<OTHER-SE>                     1,460,950
<TOTAL-LIABILITY-AND-EQUITY>   5,829,738
<SALES>                          333,470
<TOTAL-REVENUES>                 348,986
<CGS>                                  0
<TOTAL-COSTS>                          0
<OTHER-EXPENSES>                 363,826
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                     0
<INCOME-PRETAX>                  (14,840)
<INCOME-TAX>                           0
<INCOME-CONTINUING>                    0
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                     (14,840)
<EPS-PRIMARY>                      (2.26)			
<EPS-DILUTED>                      (2.26)

        

</TABLE>
News United States Air Force
 Airmen earn Gen. Lew Allen Jr. AwardPublished April 21, 2017
                        
                        By Air Force Staff Report
                        
                        
                        Secretary of the Air Force Public Affairs
                **WASHINGTON (AFNS)  --**
                Four Airmen received the Gen. Lew Allen Jr. Award on April 21, 2017, during a ceremony at the Pentagon. Lt. Gen. Jerry Harris, the deputy chief of staff for Air Force strategic plans, programs and requirements, presented the awards on behalf of the chief of staff of the Air Force.
The annual award is named after the 10th chief of staff of the Air Force, whose legacy was attention to detail and technical expertise and credits the accomplishments of base-level officers and senior NCOs in their performance of aircraft, munitions or missile maintenance.
This year’s recipients are: Maj. Jessica Stewart, 724th Special Tactics Group at Pope Army Airfield, North Carolina; Capt. Joseph Spada, Officer Training School at Maxwell Air Force Base, Alabama; Senior Master Sgt. Randolph Crosslin, Jr., 352nd Special Operations Aircraft Maintenance Squadron at Royal Air Force Mildenhall, England; Master Sgt. John Kelley, 92nd Logistics Readiness Squadron at Fairchild AFB, Washington. 
“The mission would fall apart without our Air Force transportation, logistics, supply, maintenance,” Harris said. “They face tough challenges today and every day.”
The award recipients said it was an honor to receive such a prestigious award, giving credit to their Airmen.
“It’s absolutely an incredible experience and opportunity,” Stewart said. “No one person ever does this by themselves; it’s the men and women who really and truly drive the operations and make those things happen. It’s really them we’re representing when we’re here. I thank them for everything they’ve done for me, and the Air Force.”Aircraft 



maintenance 



award 



missile 



munitions 



trophy 



Gen. Lew Allen Jr. Award
News United States Air Force
 Around the Air Force: March 23Published March 23, 2018
                        
                        By Tech. Sgt. Robbie Arp
                        
                        
                        Air Force TV
                
                **FORT GEORGE G. MEADE, Md. (AFNS)** – On this look around the Air Force, Secretary of the Air Force Heather Wilson said there are two bold moves in the Air Force’s fiscal year 2019 budget and an Airman will attend the 2018 United Nations logistics officer course in Bangladesh. Hosted by Tech. Sgt. Robbie Arp. 
For previous episodes, click here for the Air Force TV page.
Related links:
- **First USAF Airman selected for UN Logistics Officer Course**SecAF 



Bangladesh 



House of Representatives 



Around the Air Force 



Featured Videos 



United Nations 



HeatherWilson 



TSgt Robbie Arp 



UN 



ATAF
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 12

- 00050

- CR

The State of Texas

v.

Marlin Derrell York §

§

§

§

§

§ From the 158th District Court

o f De nton County (F

- 2011

- 0039

- B )

May 9, 2013

P er C uriam

Dissent by Justice Dauphinot

(p)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in the trial c ourt’s judgment. It is order ed that the trial court’s

order granting York’s motion to suppress is reversed and this case is remanded

to the trial court for further proceedings consistent with this opinion.

It is further ordered that the State shall pay al l costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM
Court of Appeals 

First District of Texas 

BILL OF COSTS

No. 01-15-00194-CV

AN Luxury Imports, Ltd. d/b/a BMW of Dallas, Inc., AN Luxury Imports GP, LLC, and United 

States Warranty Corp. 

v.

D. Scott Southall

NO. 2014-33551 IN THE 295TH DISTRICT COURT OF HARRIS COUNTY

TYPE OF FEE CHARGES PAID/DUE STATUS PAID BY

MT FEE

CLK RECORD

FILING

STATEWIDE EFILING

$10.00

$174.00

$175.00

$20.00

04/27/2015

03/12/2015

03/05/2015

03/05/2015

E-PAID

PAID

PAID

PAID

APE

ANT

ANT

ANT

The costs incurred on appeal to the First Court of Appeals Houston, Texas are 

$379.00.

Court costs in this case have been taxed in this Court’s judgment

I, Christopher A. Prine, Clerk of the Court of Appeals for the First District of Texas, do hereby 

certify that this is a true statement of the costs of appeal in this case.

IN TESTIMONY WHEREOF, witness my 

hand and the seal of the Court of Appeals for the 

First District of Texas, this December 11, 2015.
----

|   |   |                                                                                                                  |
|--------|--------|-----------------------------------------------------------------------------------------------------------------------|
| 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/ ROBERT A. QUARTERMAIN |   |   |
|--------|--------|----------------------------------------------------------------------------------------------------------------|--------|--------|
|   |   | Name:    Robert A. Quartermain                                                             |   |   |
|   |   | Title:      President, Chief Executive Officer & Director                    |
<PAGE>

                                                                    EXHIBIT 23.3

                       Consent of Independent Accountants
                       ----------------------------------


We hereby consent to the incorporation by reference in this Registration
Statement on Form S-3 of NTELOS Inc. ("NTELOS"), formerly known as CFW
Communications Company ("CFW"), of our report dated February 14, 2000 relating
to the financial statements of PrimeCo Personal Communications, L.P. Richmond
Major Trading Area as of December 31, 1999 and 1998 and for each of the three
years in the period ended December 31, 1999, which appears in the Prospectus of
CFW filed pursuant to Rule 424(b) on November 9, 2000. We also consent to the
reference to us under the heading "Experts" in such Registration Statement and
Prospectus.

/s/ PricewaterhouseCoopers, LLP

Dallas, Texas
April 24, 2001
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-7156

DAVID J. OAKES,

Plaintiff - Appellant,

versus

WILLIAM F. DALIUS, JR.,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Malcolm J. Howard, District

Judge. (CA-03-498-5-H)

Submitted: December 11, 2003 Decided: December 19, 2003

Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

David J. Oakes, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

David J. Oakes appeals the district court’s order dismissing

his action filed pursuant to Bivens v. Six Unknown Named Agents of

Federal Bureau of Narcotics, 403 U.S. 388 (1971), as frivolous. We

have reviewed the record and find no reversible error. Accordingly,

we affirm for the reasons stated by the district court. See Oakes

v. Dalius, No. CA-03-498-5-H (E.D.N.C. July 17, 2003). 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