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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-1307

VIRGINIA N. ABLE,

Plaintiff - Appellant,

versus

BELLSOUTH CORPORATION, as Plan Sponsor and

Administrator of BellSouth Disability Pension

Plan,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Joseph F. Anderson, Jr., Chief

District Judge. (CA-01-3693-3-19)

Submitted: May 19, 2005 Decided: June 22, 2005

Before WILLIAMS and MICHAEL, Circuit Judges, and Henry E. HUDSON,

United States District Judge for the Eastern District of Virginia,

sitting by designation.

Affirmed by unpublished per curiam opinion.

James A. Merritt, Jr., BERRY, QUACKENBUSH & STUART, P.A., Columbia,

South Carolina, for Appellant. Ruth H. Fife, BELLSOUTH

CORPORATION, Atlanta, Georgia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Virginia Able appeals from a grant of summary judgment in

favor of BellSouth Corporation on her claim arising under the

Employee Retirement Income Security Act (ERISA). Able claims that

the administrator of BellSouth’s ERISA plan miscalculated the

amount due to her as disability pension benefits under the plan.

We have reviewed the record and find Able’s arguments to be

meritless. Accordingly, we affirm on the reasoning of the district

court. (Supp. J.A. at 288-97.) 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
HEMAGEN DIAGNOSTICS, INC. AND SUBSIDIARY 

                    STATEMENT OF PER SHARE NET INCOME (LOSS)



<TABLE> 
<CAPTION> 
                                            Three Months Ended            Six Months Ended 
                                                 March 31,                      March 31, 
                                         -------------------------     -------------------------- 
                                            1997           1996           1997           1996 
                                         ----------     ----------     ----------     ----------- 

<S>                                      <C>            <C>            <C>            <C> 

   Net income (loss)                     $   46,271     $ (489,587)    $  101,452     $ (694,152)
                                         ___________    ___________    __________     ___________
Net income (loss) per share              $     0.01     $    (0.11)    $     0.01     $    (0.18)
                                         ___________    ___________    __________     ___________
Weighted average shares outstanding       7,642,446      4,533,404      7,633,088      3,840,167
</TABLE>
Exhibit 32.1

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

I,
Edward J. Quilty, Chairman, President and Chief Executive Officer of Derma Sciences, Inc.,
hereby certify that the Quarterly Report on Form 10-QSB for the period ended June 30, 2006
of Derma Sciences, Inc. (the Form 10-QSB) upon my best knowledge and belief
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that the information contained in the Form 10-QSB fairly presents, in all
material respects, the financial condition and results of operations of Derma Sciences,
Inc.

|                        |                                                                                                                | 
|----------------------- | -------------------------------------------------------------------------------------------------------------- | 
|Dated:  August 14, 2006 | /s/ Edward J. Quilty                                                                                           | 
|                        | Edward J. Quilty
        Chairman, President and Chief Executive Officer
        (Principal Executive Officer) |
#### R. H. *J.*Davidge *v.*T. W. Hopson.

Pleadings — Reply — Misnomer.

Where the parties litigate a question raised by a document misstyled “ Reply ” and it was with the other papers on the trial, it is a part of the record though not marked filed.

Necessaries Furnished an Infant.

Although an infant may not be liable on a written acknowledgment and promise to pay for necessaries furnished him, yet his real or implied promise may be enforced in an action against him.

APPEAL FROM CALDWELL CIRCUIT COURT.

February 6, 1867.

Opinion of the Court by

*J*udge Robertson :

As the parties litigated the questions raised by the document misstyled “ Reply,” and as it was with the other pleadings on the trial, it was a part of the record, even though not formally indorsed “ Filed.”

If an infant, bound for necessaries, be not liable on a written acknowledgment and promise to pay the value of them, his oral or implied promise may be enforced by action, and, according to the liberal pleadings contemplated by our Civil Code, when the appellee pleaded his infancy in bar of the petition on his noté for *537necessaries, the appellant, having no technical right to reply, had a right to file an amended petition setting np the account and praying judgment on it. This was his presumed object in filing what he styled a reply to the plea of infancy, and in which he exhibited the account and asked judgment on it. This formal misnomer ought not to subject him to a nonsuit because the court might well have treated that pleading as an amended petition waiving the note and going on the implied promise. It might, however, have been better to have required a remolding of it in the form of an amended petition.

*Calvert,*for Appellant.

Wherefore, the judgment dismissing the petition is reversed, and the cause remanded with leave to amend for the sake of more precise and express conformity, and for further proceedings.
#### IN THE MATTER OF CARMEN IANNELLI, DECEASED.

May 30, 1978.

Petition for certification denied. (See 157 *N. J. Super.*324)
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, November 18, 2010, 2 p.m. to November 18, 2010, 4 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on October 25, 2010, 75 FR 65498-65499.                

The meeting title has been changed to “RFA Panel: Translational Research in Pediatric and Obstetric Pharmacology”. The meeting is closed to the public.

      ( print page 67752)    
Dated: October 28, 2010.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-27769 Filed 11-2-10; 8:45 am]

BILLING CODE 4140-01-P
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-60384

Summary Calendar

 

ROSA ELVIRA VALDEZ-HERNANDEZ,

Petitioner,

versus

IMMIGRATION AND NATURALIZATION SERVICE,

Respondent.

- - - - - - - - - -

Petition for Review of an Order

of the Board of Immigration Appeals

BIA No. A70-643-534

- - - - - - - - - -

May 12, 1999

Before JOLLY, SMITH, and WIENER, Circuit Judges.

PER CURIAM:*

Rosa Elvira Valdez-Hernandez petitions for review of the

Board of Immigration Appeals’ decision dismissing her appeal from

the immigration judge’s decision to deny her application for

asylum and for a withholding of deportation. She argues that the

Board erred by determining that she did not have a well-founded

fear of future persecution by the guerillas in El Salvador. We

have reviewed the record and the briefs and determine that the

Board’s decision is supported by substantial evidence. See
No. 98-60384

-2-

Carbajal-Gonzalez v. INS, 78 F.3d 194, 197 (5th Cir. 1996). The

petition for review is DENIED.
List of Subsidiaries
 JurisdictionSubsidiary
    
    of Organization
    
    OwnershipSINA.com Online
    
    United States of America
    
    
    100
    %Rich Sight Investment Limited
    
    Hong Kong
    
    
    100
    %SINA Hong Kong Limited
    
    Hong Kong
    
    
    100
    %Memestar Limited
    
    British Virgin Islands
    
    
    100
    %Crillion Corporation
    
    British Virgin Islands
    
    
    100
    %Davidhill Capital Inc.
    
    British Virgin Islands
    
    
    100
    %China Online Housing Technology Corporation
    
    Cayman Islands
    
    
    66
    %China Online Housing (Hong Kong) Co., Ltd.
    
    Hong Kong
    
    
    66
    %Beijing New Media Information Technology Co., Ltd.
    
    Peoples Republic of China
    
    
    100
    %SINA.com Technology (China) Co. Ltd.
    
    Peoples Republic of China
    
    
    100
    %Fayco Network Technology Development (Shenzhen)
Co. Ltd.
    
    Peoples Republic of China
    
    
    100
    %Shanghai
SINA Leju Information Technology Co., Ltd.
    
    Peoples Republic of China
    
    
    66
    %
UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

_________________________________

TIMOTHY FOX; JON JAIME LEWIS; 

JULIE REISKIN; COLORADO CROSSDISABILITY COALITION,

 Plaintiffs - Appellants,

v.

MORREALE HOTELS, LLC; SKETCH 

RESTAURANT, LLC, d/b/a EL DIABLO, 

 Defendants - Appellees.

No. 12-1453

(D.C. No. 1:10-CV-03135-RPM-MJW)

(D. Colo.)

_________________________________

ORDER

_________________________________

This matter is before the court once again on the appellants’ Motion to Dismiss 

without Prejudice. By order entered December 15, 2015, the court noted that voluntary 

dismissal in this court is effectively with prejudice and asked the appellants to respond by 

December 29, 2015, if a dismissal with prejudice was not acceptable. Having received no 

response by the stated deadline, the court construes the appellants’ motion to dismiss as 

an unconditional request to dismiss the appeal voluntarily. So construed, the appellants’ 

motion is granted. See Fed. R. App. P. Rule 42(b); 10th Cir. R. 27.3(A)(9).

A copy of this order shall stand as and for the mandate of the court.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk

by: Lara Smith

 Counsel to the Clerk

FILED

United States Court of Appeals

Tenth Circuit

December 30, 2015

Elisabeth A. Shumaker

Clerk of Court

Appellate Case: 12-1453 Document: 01019546660 Date Filed: 12/30/2015 Page: 1
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of

-- Hensel Phelps Construction Co. Under Contract No. N40080-11-C-O 154 APPEARANCES FORTHE APPELLANT: ) ) ) ) )

APPEARANCES FOR THE GOVERNMENT: ASBCA No. 60571

Todd R. Metz, Esq. Brian R. Dugdale, Esq.

Varela, Lee, Metz & Guarino, LLP Tysons Corner, VA Ronald J. Borro, Esq.

Navy ChiefTrial Attorney Ellen M. Evans, Esq.

Senior Trial Attorney ORDER OF DISMISSAL Appellant's unopposed motion to withdraw the appeal without prejudice, filed prior to the government filing an answer, is granted. Dated: 17 November 2016

# ~($£-

-MARK N. STEMPLE

Administrative Judge Acting Chairman Armed Services Board ofContract Appeals I certify that the foregoing is a true copy ofthe Order ofDismissal ofthe Armed Services Board ofContract Appeals in ASBCA No. 60571, Appeal ofHensel Phelps Construction Co., rendered in conformance with the Board's Charter. Dated:
JEFFREY D. GARDIN Recorder, Armed Services Board ofContract Appeals
National Aeronautics and Space Administration

TUSKEGEE AIRMEN

flighting to fly

main idea:

SUPPORTING DETAIL 1: 

SUPPORTING DETAIL 2: 

SUPPORTING DETAIL 3: 

interesting fact 1 interesting fact 2

interesting fact 3
National Aeronautics and Space Administration

TUSKEGEE AIRMEN

fighting to fly

my opinion on this story questions i have summary
<PAGE>

EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350

      In connection with the Quarterly Report of Redhook Ale Brewery,
Incorporated (the "Company") on Form 10-Q for the period ending June 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Paul S. Shipman, 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.

      A signed original of this written statement has been provided to the
Company and will be retained by the Company and furnished to the SEC or its
staff upon request.

Date: August 12, 2005

                                           BY:   /s/ Paul S. Shipman
                                              --------------------------------
                                                      Paul S. Shipman
                                                      President and
                                                      Chief Executive Officer
IV 

115TH CONGRESS 

1ST SESSION H. RES. 508 

Providing for consideration of the bill (H.R. 1084) to address slow economic 

growth and spur investment and development in underserved communities 

across America. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 7, 2017 

Ms. MICHELLE LUJAN GRISHAM of New Mexico submitted the following 

resolution; which was referred to the Committee on Rules 

RESOLUTION 

Providing for consideration of the bill (H.R. 1084) to address 

slow economic growth and spur investment and development in underserved communities across America. 

1 Resolved, That immediately upon adoption of this res2 olution, the House shall proceed to consideration in the 

3 House of the bill (H.R. 1084) to address slow economic 

4 growth and spur investment and development in under5 served communities across America. All points of order 

6 against consideration of the bill are waived. An amend7 ment in the nature of a substitute consisting of the text 

8 of H.R. 3440, as introduced, shall be considered as adopt9 ed. The bill, as amended, shall be considered as read. All 


dlhill on DSK3GLQ082PROD with BILLS
2 

•HRES 508 IH 

1 points of order against provisions in the bill, as amended, 

2 are waived. The previous question shall be considered as 

3 ordered on the bill, as amended, and on any further 

4 amendment thereto, to final passage without intervening 

5 motion except: (1) one hour of debate equally divided and 

6 controlled by the chair and ranking minority member of 

7 the Committee on the Judiciary or their respective des8 ignees; and (2) one motion to recommit with or without 

9 instructions. 

10 SEC. 2. Clause 1(c) of rule XIX shall not apply to 

11 the consideration of H.R. 1084. 

Æ 


dlhill on DSK3GLQ082PROD with BILLS
FILED

United States Court of Appeals

Tenth Circuit

May 28, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

WAL-MART STORES, INC.;

CLAIMS MANAGEMENT, INC.;

AMERICAN HOME ASSURANCE

CO.; CONCENTRA HEALTH

SERVICES, INC.,

Petitioners,

v.

JOSEPHINE GIANZERO;

JENNIFER JENSEN,

Respondents.

No. 10-504

(D.C. No. 1:09-CV-00656-REB-BNB)

ORDER DENYING

PERMISSION TO APPEAL

Before TACHA, HARTZ, and GORSUCH, Circuit Judges.

This matter is before the court on a Petition for Permission to Appeal, filed

pursuant to Fed. R. Civ. P. 23 (f). Petitioners seek permission to appeal from the

district court’s order of March 29, 2010, granting class certification. Respondents

have filed a response in opposition to the petition and the Petitioners have filed a

reply. 

Appellate Case: 10-504 Document: 01018431676 Date Filed: 05/28/2010 Page: 1 
-2-

Upon consideration of the petition, the response, the reply, and the file as a

whole, the request for permission to appeal is denied. See Vallario v. Vandehey,

554 F. 3d 1259 (10th Cir. 2009). 

Entered for the Court

ELISABETH SHUMAKER, Clerk of Court

by:

Christine Van Coney

Counsel to the Clerk

Appellate Case: 10-504 Document: 01018431676 Date Filed: 05/28/2010 Page: 2
FILED

United States Court of Appeals

Tenth Circuit

April 15, 2010

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JASON WHITE,

 Plaintiff - Appellant,

v. 

A.J. SEDLER; J.B. YARA; DAVID

HINSON; CITY OF ALBUQUERQUE,

 Defendants - Appellees.

No. 10-2044

(D.C. No. 1:07-CV-00491-JAP-DJS)

ORDER

Before MURPHY, TYMKOVICH, and GORSUCH, Circuit Judges.

This matter is before the court on the appellees’ motion to dismiss this

appeal as untimely. We agree with the appellees that the appeal was filed out-oftime, and, accordingly, grant the motion to dismiss. 

Judgment was entered on December 4, 2009, and the notice of appeal was

filed more than 30 days later on February 12, 2010. The appellant filed a motion

for extension of time on February 24, which was denied by the district court on

April 6.

In a civil case, in which the United States is not a party, a notice of appeal

must be filed within 30 days of entry of judgment. See 28 U.S.C. § 2107(a) (a

Appellate Case: 10-2044 Document: 01018403808 Date Filed: 04/15/2010 Page: 1 
-2-

notice of appeal in a civil matter must be filed within 30 days of entry of

judgment unless the United States is a party); Fed. R. App. P. 4(a)(1)(A) (same). 

This court may not grant an extension of time in which to appeal. Fed. R. App. P.

26(b).

Because a timely notice of appeal in a civil case is both mandatory and

jurisdictional, see Bowles v. Russell, 551 U.S. 205, 209, 213 (2007), this appeal is

DISMISSED. 

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

Ellen Rich Reiter

Deputy Clerk/Jurisdictional Attorney

Appellate Case: 10-2044 Document: 01018403808 Date Filed: 04/15/2010 Page: 2
**Exhibit
      21.1**





**SUBSIDIARIES**





NexCen
      Acquisition Corp. (f/k/a NexCen Franchise Brands, Inc.)




Athlete’s
      Foot Brands, LLC




Athlete’s
      Foot Marketing Support Fund, LLC




NexCen
      Franchise Management, Inc.




UCC
      Capital Corporation




Bill
      Blass Jeans, LLC




Blass
      Acquisition Corp.




Aether
      Systems, Inc.




Aether
      Capital, LLC




NetSearch,
      LLC




SunPro,
      Inc.




Cerulean
      Technology, Inc.




RTS
      Wireless, Inc.
Exhibit 24.1


                                POWER OF ATTORNEY

         The undersigned, acting in the capacity or capacities stated opposite
their respective names below, hereby severally constitute and appoint Jennifer
Lowry, William R. Luraschi and Peter K. Ingerman and each of them with full
power to act alone, our true and lawful attorneys and agents to do any and all
acts and things and to execute any and all instruments which they deem necessary
or advisable for AES NY, L.L.C., a Delaware limited liability company ("AES
NY"), acting in its capacity as general partner of AES Energy, L.P., a Delaware
limited partnership ("AES Eastern"), to enable AES Eastern to comply with the
Securities Exchange Act of 1934, as amended, in connection with the execution
and filing of the Annual Report on Form 10-K of AES Eastern for the year ended
December 31, 1999 and any related registration statements, amendments,
post-effective amendments or supplements thereto, including specifically, but
without limiting the generality of the foregoing, the power and authority to
sign the name of the AES NY, for itself or as general partner of AES Eastern,
and the names of the undersigned directors and officers in the capacities
indicated below.

         This Power of Attorney may be executed in counterparts, which
together shall constitute one and the same instrument.


Signature                                Title                        Date
-------------------  ------------------------------------------  ---------------


/s/ Dan Rothaupt      President (chief executive officer) and     March 30, 2000
-------------------   Class A Director of AES NY, L.L.C.
Dan Rothaupt


/s/ John Ruggirello   Vice President and Class A Director of      March 30, 2000
-------------------   AES NY, L.L.C.
John Ruggirello


/s/ Barry Sharp       Chief Financial Officer (and chief          March 30, 2000
-------------------   accounting officer) and Class A Director
Barry Sharp           of AES NY, L.L.C.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1768 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                S. 1768

_______________________________________________________________________

                                 AN ACT

 
            To extend the national flood insurance program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Flood Insurance Program 
Reauthorization Act of 2004''.

SEC. 2. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM.

    (a) Extension.--The National Flood Insurance Act of 1968 is 
amended--
            (1) in section 1309(a)(2) (42 U.S.C. 4016(a)(2)), by 
        striking ``December 31, 2003'' and inserting ``December 31, 
        2004'';
            (2) in section 1319 (42 U.S.C. 4026), by striking ``after'' 
        and all that follows through the period at the end and 
        inserting ``after December 31, 2004.'';
            (3) in section 1336(a) (42 U.S.C. 4056(a)), by striking 
        ``ending'' and all that follows through ``in'' and inserting 
        ``ending December 31, 2004, in''; and
            (4) in section 1376(c) (42 U.S.C. 4127), by striking 
        ``December 31, 2003'' and inserting ``December 31, 2004''.
    (b) Effective Date.--The amendments made by this section shall be 
considered to have taken effect on December 31, 2003.

            Passed the Senate October 27, 2003.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                                S. 1768

_______________________________________________________________________

                                 AN ACT

            To extend the national flood insurance program.
```