alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 01

- 15

- 00584

- CV

IN THE

FIRST COURT OF APPEALS

HOUSTON, TEXAS

LORENZO WALKER,

Plaintiff

- Appellant

v.
HOUSTON COMMUNITY COLLEGE,

Defendant

- Appellee

Appeal from the 80 th Judicial District of Harris County ( Honorable Larry Weiman

, presiding); Trial Cause No. 2012

- 45866.

APPELLANT’S MOTION FOR VOLUNTARY DISMISSAL OF APPEAL

TO THE HONORABLE JUSTICES OF THE COURT OF APPEALS:

COMES NOW Lorenzo Walker , the Plaintiff

- Appellant (“Appellant”), and

respectfully moves the Court for Voluntary Dismissal of his appeal from the

dismissal of his c laims against Houston Community College , Defendant

- Appellee

(“Appellee”).

Appellant filed his Notice of Appeal on June 30, 2015 , from the trial court’s

order granting Appelle e’s motion for summary judgment, thereby dismissing all of ACCEPTED 01-15-00584-CV FIRST COURT OF APPEALS

HOUSTON, TEXAS 12/22/2015 11:11:16 AM CHRISTOPHER PRINE

CLERK2 the Appellant’s claims against Appellee, and the order denying Appellant’s motion

for new trial. Appellant has paid his filing fee for this appeal, there are currently

no briefing deadlines, and t he Court has not issued an opinion or judgment in this

appeal. Appellant seeks no relief against the Appellee through this Motion or the

dismissal of his appeal. Appellant has filed a notice of non

- suit, with prejudice, in

the matter from which she appea ls.

Appellee has not so ught any relief in this appeal and is unopposed to this

Motion.

PRAYER

Appellant respectfully prays that the Honorable Court grant this Motion for

Voluntary Dismissal of this Appeal with prejudice and providing that each party

agrees to bear their own costs, expenses, and attorneys fees.

Respectfully submitted,

W ATTS & C OMPANY L AWYERS

/s/ Larry Watts La urence (“Larry”) Watts Texas Bar No. 20981000 Melissa Azadeh Texas Bar No. 24064851 P.O. Box 2214 Missouri City, T exas 77459 Tel. ( 281) 431

- 1500 Fax : ( 877) 797

- 4055 wattstrial@gmail.com A TTORNEYS FO R P LAINTIFF

- A PPELLANT L ORENZO W ALKER3 CERTIFICATE OF SERVICE

I hereby certify that on this 22 nd day of December 2015, a true and correct

copy of the foregoing document has been served on opposing counsel of record via

e

- service, if available, and/or by facsimile transmission, to:

Daniel Ramirez Monty & Ramirez LLP

150 W. Parker Road Houston, Texas 77076 Fax: 281

- 493

- 5983

/ s / Larry Watts Laurence (“Larry”) Watts
EXHIBIT 32.2

SECTION 906 CERTIFICATION - CFO

In connection with the Quarterly Report of Plains Exploration & Production Company
(the Company) on Form 10-Q for the period ending June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Winston M. Talbert, 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:

To the
best of my knowledge, after reasonable investigation:



| | (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.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------

Dated: August 5, 2008



/s/ Winston M. TalbertWinston M. TalbertChief Financial Officer


The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure document.

A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been
provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

The Board of Directors 

Huttig Building Products, Inc.: 

We consent to theincorporation by reference in the registration statement Nos. 333-92495, 333-92497, 333-92499, 333-75610, 333-81410, and 333-131090 on Form S-8, and registration statement No. 333-130525 on Form S-3 of Huttig Building Products, Inc. of ourreports dated March 14, 2007, with respect to the consolidated balance sheets of Huttig Building Products, Inc. and subsidiaries as of December 31, 2006 and 2005, and the related consolidated statements of operations, shareholders’ equity,and cash flows for each of the years in the three-year period ended December 31, 2006, management’s assessment of the effectiveness of internal control over financial reporting as of December 31, 2006, and the effectiveness ofinternal control over financial reporting as of December 31, 2006 which reports appear in the December 31, 2006 annual report on Form 10-K of Huttig Building Products, Inc. 

Our report refers to a change to the method of accounting for share-based compensation upon adoption of SFAS 123R *Share Based Payment* as ofJanuary 1, 2006. 

/s/     KPMG LLP 

St. Louis, Missouri 

March 14, 2007
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 this Quarterly Report of Sterling Bancshares, Inc. (the Company) on Form 10-Q for the period ending March 31, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, J. Downey Bridgwater, 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, 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |     |  |                                      
|------------------- |  | --- |  | -------------------------------------
|Dated: May 10, 2004 |  | By: |  | /s/ J. Downey Bridgwater             
|                    |  |     |  | J. Downey Bridgwater                 
|                    |  |     |  | President and Chief Executive Officer
|                    |  |     |  | Sterling Bancshares, Inc.
#### Valomark LOVE, Appellant, v. Marvin T. RUNYON, Jr., Postmaster General, United States Post Office, Appellee.

No. 98-2149NE

United States Court of Appeals, Eighth Circuit.

Submitted Dec. 28, 1998.

Decided Jan. 11, 1999.

*1151Valomark Love, pro se.

Sarabeth Donovan, Assistant U.S. Attorney, Omaha, NE, (Thomas J. Monaghan, U.S. Attorney on the brief), for Appellee.

Before McMILLIAN, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM.

Valomark Love appeals from the District Court’s1 judgment for defendant Postmaster General after a bench trial. Love had been discharged by the United States Postal Service for failure to maintain a regular work schedule. In 1996, Love, who is an African-American male, filed this action claiming that the Postal Service discriminated against him because of his race, sex, and disability. Love’s request for appointment of counsel was denied,2 as was his October 30, 1997 motion to amend his complaint.3 On March 17, 1998, the District Court conducted a bench trial, at which Love appeared pro se. On the first day of trial, the Court indicated it had denied Love’s second motion to amend his complaint. During the four-day trial, Love presented eleven witnesses, including himself, and introduced thirty-five exhibits. Although Love established a prima facie case of discrimination, the Court concluded that the Postal Service showed a legitimate, nondiscriminatory reason for terminating Love’s employment, and that Love failed to show the reason was pretextual. For reversal, Love argues that he established pretext, he should have been allowed to amend his complaint to add a claim of disparate impact, and counsel should have been appointed for him.

Having carefully reviewed the record and the parties’ briefs, we find the record does not support Love’s allegation that the Postal Service intentionally discriminated against Love because of his race, sex, or disability, and thus we conclude the District Court’s determination was not clearly erroneous. See *Peanick v. Morris,*96 F.3d 316, 321 (8th Cir.1996); *Beith v. Nitrogen Prods., Inc.,*7 F.3d 701, 703 (8th Cir.1993) (per curiam). We further conclude there was no abuse of discretion in denying Love’s motion for appointment of counsel, see *Swope v. Cameron,*73 F.3d 850, 851-52 (8th Cir.1996), and no abuse of discretion in denying Love leave to amend his complaint, see *Vitale v. Aetna Cas. & Sur. Co.,*814 F.2d 1242, 1251 (8th Cir.1987).

Accordingly, we affirm.

1

. The Honorable William G. Cambridge, Jr., Chief Judge, United States District Court for the District of Nebraska.

2

*.*The Honorable David L. Piester, United States Magistrate Judge for the District of Nebraska.

3

. The Honorable Kathleen Ann Jaudzemis, United States Magistrate Judge for the District of Nebraska.
Electrical Suggestions

 - most common cause of scientific instrument failures is probably poor electrical connections 

 - use good grounding practice 

 - chassis ground on the aircraft is very different from in your lab 

 - good practice to secure all connectors with detents or screws 

 - good practice to strain-relieve all cables 

 - good practice to use differential inputs for all critical signals 

 - design so that the instrument can take unexpected power outages 

 - aircraft 28V is not always well regulated 

 - put hold-downs on all edge-card connectors (including PCI and ISA cards) 

 - allow margin on power-supplies to account for increased thermal load at reduced pressure 

 - tiny metal chips can move around on circuit boards even during very mild vibration 

 - be tidy, especially with wire-wrap 

Mechanical Suggestions

 - use aircraft-rated fasteners for structural parts 

 - approval will be easier if you enclose your instrument 

 - even though WB-57 is low vibration, it’s good practice to use lock-washers/locking helicoils 

Heater Suggestions

 - if you let your instrument get cold it will also get wet from condensation when the plane lands 

 - heat with controlled heaters, not uncontrolled power dissipation 

- this avoids hot spots and keeps instrument from overheating during ground check-out 

- good practice to include over-temperature thermostats on every 

- good practice to use proportional or zero-crossing heaters 

 - consider the possibility of heaters inducing mechanical distortions 

 - thermal gradients will be much larger at low pressure than at sea level 

General Suggestions

 - design so you can check out critical functions after loading onto the aircraft 

 - operations on instrument between lab and flight should be simple (different connectors...) 

 - if you must make a complicated attachment have some verification after connection 

 - design so that instrument is not permanently damaged by a cold soak 

 - test critical sub-assemblies at reduced pressure 

 - “part control” during assembly - don’t wait to get that washer out until later 

 - don’t assemble your instrument after arrival at Ellington 

 - you aren’t ready until the instrument starts up every time in the lab without help 

 - consider the possibility of condensation in inlet and exhaust lines 

 - only use the back-seater for controls that require it 

example: she/he can turn something off before starting descent - you can’t anticipate that 

example: your instrument computer can open a valve for five minutes better than he/she can 

 - experienced personnel need to be in the field with the instrument
#### Dennis MILHOLLIN and Michelle Milhollin, Plaintiffs-Appellees, v. FORD MOTOR CREDIT CO., a corporation, and Dee Thomason Ford, a corporation, Defendants-Appellants. Dennis MILHOLLIN and Michelle Milhollin, Plaintiffs-Cross Appellants, v. FORD MOTOR CREDIT CO., a corporation, and Dee Thomason Ford, a corporation, Defendants-Cross Appellees. Donna M. EATON, Plaintiff-Appellee, v. FORD MOTOR CREDIT CO., a corporation, Defendant-Appellant, Bud Meadows Mazda, Inc., Defendant. Darrell MESSINGER, Plaintiff-Appellee, v. FORD MOTOR CREDIT CO., a corporation, and Marv Tonkin Ford Sales, Inc., a corporation, Defendants-Appellants. David P. ANDRESEN, Plaintiff-Appellee, v. FORD MOTOR CREDIT CO., a corporation, and Webster-Wolfard Ford, Inc., a corporation, Defendants-Appellants, and The California Loan and Finance Association, Amicus Curiae.

Nos. 76-2914, 76-3217, 77-3084, 77-3584 and 77-3569.

United States Court of Appeals, Ninth Circuit.

April 23, 1980.

ORDER

Before WRIGHT and GOODWIN, Circuit Judges and JAMESON,* Senior District Judge.

This cause is remanded to the District Court for further proceedings pursuant to the opinion of the United States Supreme Court rendered February 20, 1980, 100 S.Ct. 790, 63 L.Ed. 22.

*

 Honorable William J. Jameson, Senior U.S. District Judge, District of Montana.
UNITED STATES BANKRUPTCY APPELLATE PANEL 

OF THE TENTH CIRCUIT 

————————————————— 

IN RE BRIAN ARTHUR KITTS, 

 Debtor. 

__________________________________ 

J. KEVIN BIRD, Trustee, 

 Plaintiff - Cross-Appellee, 

 v. 

WINTERFOX, LLC, 

 Defendant - Cross-Appellant. 

BAP No. UT-10-009 

Bankr. No. 05-27158 

Adv. No. 06-02250 

Chapter 7 

ORDER TRANSFERRING 

APPEAL 

TO U.S. DISTRICT COURT 

February 11, 2010 

————————————————— 

 The matter before the Court is the Election (“Election”) filed by J. Kevin Bird 

(“Appellee”). In the Election, Appellee has timely filed an objection to the disposition of 

this matter by this Court. 

Pursuant to 28 U.S.C. § 158(c)(1) and Fed. R. Bankr. P. 8001(e), it is HEREBY 

ORDERED THAT: 

(1) This appeal is transferred to the United States District Court. 

BAP Appeal No. 10-9 Docket No. 7 Filed: 02/11/2010 Page: 1 of 2
(2) Any deadlines, notices of deficiency, or orders to show cause 

previously set by this Court are VACATED. 

(3) This Court’s record is transmitted to the United States Bankruptcy 

Court. 

 For the Panel: 

Barbara A. Schermerhorn, Clerk of Court 

 By: 

 

 Gregory Wright 

Deputy Clerk 

2

BAP Appeal No. 10-9 Docket No. 7 Filed: 02/11/2010 Page: 2 of 2
COURT OF APPEALS OF VIRGINIA

Present: Chief Judge Moon, Senior Judges Cole and Duff

J. F. CATTELL ASSOCIATES, INC. AND PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE CO. MEMORANDUM OPINION * PER CURIAM v. Record No. 1667-95-1 DECEMBER 29, 1995

LOIS A. POWELL

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION (William C. Walker; Donna White Kearney; Bradford C. Jacob; Taylor & Walker, on brief), for appellants. (Lawrence J. Pascal; Ashcraft & Gerel, on brief), for appellee.

J. F. Cattell Associates, Inc. and its insurer (hereinafter collectively referred to as "employer") contend that the Workers' Compensation Commission erred in finding that Lois A. Powell's bilateral carpal tunnel syndrome qualifies as a "disease" under the Workers' Compensation Act ("the Act"). 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. The facts are not in dispute. Powell began working for employer in 1985 as a production typist. She spent ninety percent of her seven and one-half hour workday typing. Powell types 103 to 106 words per minute. During the last three to five

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.2 years of her employment, she experienced stabbing or shooting pains and periodic numbness in her hands. Because her symptoms became worse during the last year of her employment, Powell sought medical treatment from Dr. Dennis Faludi, an orthopedic surgeon, on July 14, 1994. Based upon his examination of Powell and electrodiagnostic studies, Dr. Faludi diagnosed Powell as suffering from bilateral carpal tunnel syndrome. Because conservative treatment proved unsuccessful, Powell eventually underwent carpal tunnel release

surgery. We recently held in Perdue Farms, Inc. v. McCutchan , 21 Va. App. 65, 68, 461 S.E.2d 431, 435 (1995), that the general medical definition of carpal tunnel syndrome places it within the

definition of disease set forth in Piedmont Mfg. Co. v. East , 17 Va. App. 499, 503, 438 S.E.2d 769, 772 (1993). As in Perdue , Powell's condition did not present as an obvious, sudden, mechanical or structural change in her body. Based upon our holding in Perdue and upon Dr. Faludi's diagnosis, we conclude that credible evidence supports the commission's finding that Powell's carpal tunnel syndrome is a condition characterized as a "disease" within the meaning of the Act. The commission also ruled that Powell proved that her carpal tunnel syndrome was caused by the repetitive trauma of her production typing duties. Employer did not appeal this finding. Therefore, it is binding and conclusive upon us.3 For these reasons, we affirm the commission's decision.

Affirmed.
[Federal Register Volume 75, Number 209 (Friday, October 29, 2010)]
[Notices]
[Pages 66795-66796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27380]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-64,993]


TTM Technologies, Including On-Site Leased Workers From Kelly 
Services, Aerotek, and an On-Site Leased Worker From Orbotech, Inc., 
Redmond, WA; Amended Certification Regarding Eligibility To Apply for 
Worker Adjustment Assistance and Alternative Trade Adjustment 
Assistance

    In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 
2273), and section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as 
amended, the Department of Labor issued a Certification of Eligibility 
to Apply for Worker Adjustment Assistance and Alternative Trade 
Adjustment Assistance on January 23, 2008, applicable to workers of TTM 
Technologies, Redmond, Washington. The notice was published in the 
Federal Register on March 25, 2009 (74 FR 12901).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers are engaged 
in the production of printed circuit boards.

[[Page 66796]]

    New information shows that a worker leased from Orbotech, Inc. was 
employed on-site at TTM Technologies, Redmond, Washington. The 
Department has determined that this worker was sufficiently under the 
control of TTM Technologies, Redmond, Washington to be considered a 
leased worker.
    Based on these findings, the Department is amending this 
certification to include a worker leased from Orbotech, Inc., working 
on-site at the Redmond, Washington location of the TTM Technologies.
    The amended notice applicable to TA-W-64,993 is hereby issued as 
follows:

    ``All workers TTM Technologies, including on-site leased workers 
from Kelly Services and Aerotek, and including an on-site leased 
worker from Orbotech, Inc., Redmond, Washington, who became totally 
or partially separated from employment on or after January 23, 2008 
through March 11, 2011, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, and are also 
eligible to apply for alternative trade adjustment assistance under 
Section 246 of the Trade Act of 1974.''

    Signed at Washington, DC this 8th day of October 2010.
Elliott S. Kushner,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2010-27380 Filed 10-28-10; 8:45 am]
BILLING CODE 4510-FN-P
#### Harry Virgil Mohney, Donald Geraghty *v.*State of Indiana.

[No. 172A23.

Filed September 4, 1973.]

*Robert Eugene Smith, Esquire,*Baltimore, Maryland, *Gilbert H. Deitch, Esquire,*Atlanta Georgia, *Arnold Baratz, Esquire,*of Indianapolis, for appellants.

Per Curiam

The defendant-appellants (Mohney and Ge-ragty) were convicted by a jury of “knowingly selling and offering to sell obscene literature and devices” as defined by IC 35-30-10-1, Ind. Ann, Stat. § 10-2803 (Burns 1972).

*455We reverse the judgment and conviction and remand- to the trial court for the purpose of discharging the defendants Mohney and Geraghty. Our authorities for doing so are the recent cases of *Stroud*v. *State*(1973), 261 Ind. 58, 300 N.E.2d 100, and *Mohney*v. *State*(1973), 261 Ind. 56, 300 N.E.2d 66 both of which declare the statute in question unconstitutional.

Reversed and remanded.

Note. — Reported at 300 N.E.2d 678.
#### HILARIO PAEZ v. CHARLES P. YABLONSKY, M.D.

December 16, 1986.

Petition for certification denied.
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Page 6417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2738]


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

SECURITIES AND EXCHANGE COMMISSION


Submission for OMB Review; Comment Request

Upon Written Request; Copies Available From: Securities and Exchange 
Commission, Office of Investor Education and Advocacy, Washington, DC 
20549-0213.

Extension:
    Schedule 13E-4F; OMB Control No. 3235-0375; SEC File No. 270-
340.

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') has submitted to the Office of Management 
and Budget this request for extension of the previously approved 
collection of information discussed below.
    Schedule 13E-4F (17 CFR 240.13e-102) may be used by an issuer that 
is incorporated or organized under the laws of Canada to make a cash 
tender or exchange offer for the issuer's own securities and less than 
40 percent of the securities are held by U.S. holders. The information 
collected must be filed with the Commission and is publicly available. 
We estimate that it takes approximately 2 hours per response to prepare 
Schedule 13E-4F and that the information is filed by approximately 3 
respondents annually for a total annual reporting burden of 6 hours (2 
hours per response x 3 responses).
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid control number.
    Written comments regarding the above information should be directed 
to the following persons: (i) Desk Officer for the Securities and 
Exchange Commission, Office of Information and Regulatory Affairs, 
Office of Management and Budget, Room 10102, New Executive Office 
Building, Washington, DC 20503 or send an e-mail to: <a href="/cdn-cgi/l/email-protection#b4e7dcd5d3c1d2c0d5ebf5dcd9d1d0f4dbd9d69ad1dbc49ad3dbc2"><span class="__cf_email__" data-cfemail="99caf1f8feecffedf8c6d8f1f4fcfdd9f6f4fbb7fcf6e9b7fef6ef">[email protected]</span></a>; and (ii) Charles Boucher, Director/CIO, Securities 
and Exchange Commission, C/O Shirley Martinson, 6432 General Green Way, 
Alexandria, VA 22312; or send an e-mail to: <a href="/cdn-cgi/l/email-protection#a5f5f7e4fae8c4ccc9c7cadde5d6c0c68bc2cad3"><span class="__cf_email__" data-cfemail="540406150b19353d38363b2c142731377a333b22">[email protected]</span></a>. 
Comments must be submitted to OMB within 30 days of this notice.

    Dated: February 1, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-2738 Filed 2-8-10; 8:45 am]
BILLING CODE 8011-01-P


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