alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mark WEEMS, Appellant, v. Anthony TIMBERLANDS, Appellee.

No. 04-2031.

United States Court of Appeals, Eighth Circuit.

Submitted March 7, 2005.

Decided March 11, 2005.

Mark Weems, Arkadelphia, AR, pro se.

Michael J. Dennis, Bridges & Young, Pine Bluff, AR, for Defendant-Appellee.

Before MELLOY, McMILLIAN, and GRUENDER, Circuit Judges.

PER CURIAM.

Mark Weems appeals the district court’s1 adverse judgment entered after trial on his Family Medical Leave Act and Americans with Disabilities Act claims, but he did not furnish a trial transcript. *See*Fed. R.App. P. 10(b)(l)-(2) (appellant’s duty to order transcript). Weems complains about issues that are unreviewable without a transcript. *See Schmid v. United Bhd. of Carpenters & Joiners,*827 F.2d 384, 386 (8th Cir.1987) (per curiam) (appellant’s failure to provide complete transcript makes it impossible to review sufficiency of evidence presented at trial), *cert.*
      *269
      *denied,*484 U.S. 1071, 108 S.Ct. 1041, 98 L.Ed.2d 1004 (1988).

Because there are no grounds presented for reversal, we affirm. *See*8th Cir. R. 47B.

. The Honorable Harry F. Barnes, United States District Judge for the Western District of Arkansas.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4855 Introduced in House (IH)]

105th CONGRESS
  2d Session
                                H. R. 4855

 To amend title XVIII of the Social Security Act to reinstate certain 
 bonus and capital payment levels for rehabilitation hospital services 
                 under part A of the Medicare Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 1998

  Mr. Neal of Massachusetts introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend title XVIII of the Social Security Act to reinstate certain 
 bonus and capital payment levels for rehabilitation hospital services 
                 under part A of the Medicare 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 ``Reinstatement of Medicare Bonus and 
Capital Payment for Rehabilitation Hospitals Act of 1998''.

SEC. 2. REINSTATEMENT OF BONUS THRESHOLDS FOR REHABILITATION HOSPITALS 
              AND UNITS.

    (a) In General.--Section 1886(b)(1)(A) of the Social Security Act 
(42 U.S.C. 1395ww(b)(1)(A)) is amended--
            (1) in clause (i), by inserting after ``15 percent'' the 
        following: ``(or 50 percent in the case of a rehabilitation 
        hospital or unit, as defined for purposes of subsection 
        (d)(1)(B))''; and
            (2) in clause (ii), by inserting after ``2 percent'' the 
        following: ``(or 5 percent in the case of such a rehabilitation 
        hospital or unit)''.
    (b) Effective Date.--The amendments made by subsection (a) apply to 
cost reporting periods beginning on or after October 1, 1998.

SEC. 3. REINSTATEMENT OF CAPITAL PAYMENT LEVELS FOR REHABILITATION 
              HOSPITALS AND UNITS.

    (a) In General.--Section 1886(g)(4) of such Act (42 U.S.C. 
1395ww(g)(4)) is amended by striking ``described in clause (i), (ii), 
or (iv) of subsection (d)(1)(B) or a unit'' and inserting ``described 
in clause (i) or (iv) of subsection (d)(1)(B) or a unit (other than a 
rehabilitation unit)''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to cost reporting periods beginning on or after October 1, 1998.
                                 <all>
```
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

26 

27 

28 

WO 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Andra Rashard Butler, 

Defendant.

No. CR15-08202-001-PCT-DMF

ORDER 

 The defendant appeared in court with counsel. The defendant's probable cause 

hearing was waived and the detention hearing was submitted on the record. The Court 

finds probable cause to believe the defendant violated the terms of his supervised release 

as alleged in the petition. The Court further finds, pursuant to Rule 32.1(a)(6), that 

defendant has failed to show by clear and convincing evidence that he is not a flight risk 

or a danger. 

 IT IS HEREBY ORDERED the defendant shall be bound over for further 

proceedings on the petition to revoke his supervised release. 

 IT IS FURTHER ORDERED the defendant is detained as flight risk and danger 

pending further revocation proceedings. 

 Dated this 15th day of July, 2016. 

Honorable Deborah M. Fine

United States Magistrate Judge

Case 3:15-cr-08202-DMF Document 45 Filed 07/18/16 Page 1 of 1
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of ITTEducational Services, Inc. (the “Company”) on Form 10-K for the period ending December 31,2004 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Kevin M. Modany, Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906of the Sarbanes-Oxley Act of 2002, that:

 

# (1)          The Report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934; and

#  

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

#  

 
| /s/ Kevin M. Modany     |   |   |
|-------------------------|--------|--------|
| Chief Financial Officer |
| March 15, 2005     |

 

----
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 Quarterly Report of Getty
Images, Inc. (the Company) on Form 10-Q for the period ended June 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-Q), I, Jonathan D. Klein, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) |  | The Form 10-Q fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
| | --- |  | --------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) |  | The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



Date: August 4, 2005



|                                                        
|--------------------------------------------------------
|/s/    JONATHAN D. KLEIN                                
|Jonathan D. Klein Co-Founder and Chief Executive Officer
#### Commonwealth *v.*Nathan Holt.

Criminal Law — Altering Counterfeit Notes Not Punishable.

There is no statute in this State prescribing punishment for altering counterfeit notes on national banks.

APPEAL FROM LAWRENCE CIRCUIT COURT.

June 8, 1869.

*Attorney General, for appellant.*

Opinion of the Court by

Judge Hardin:

As we construe the act of December 5, 1863, *(Myers Supplement, 174)*if does not embrace this case, but applies to prosecutions *alone*in relation to United States legal tender notes and postal currency. We have been referred to no statute prescribing punishment in our state courts for altering counterfeit notes on national banks, and we are aware of none.

The judgment of the circuit court sustaining a demurrer to the indictment is therefore *affirmed.*
I

105TH CONGRESS

1ST SESSION H. R. 47

To make Members of Congress ineligible to participate in the Federal

Employees’ Retirement System.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 7, 1997

Mr. COBLE introduced the following bill; which was referred to the Committee

on Government Reform and Oversight, and in addition to the Committee

on House Oversight, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To make Members of Congress ineligible to participate in

the Federal Employees’ Retirement System.

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

3 SECTION 1. INELIGIBILITY TO PARTICIPATE IN FERS.

4 (a) IN GENERAL.—Except as otherwise provided in

5 this section, effective as of the date of the enactment of

6 this Act, a Member of Congress shall be ineligible to par7 ticipate in the Federal Employees’ Retirement System.
2

HR 47 IH

1 (b) EXCEPTION.—Subsection (a) shall not apply with

2 respect to any individual who, as of the date of the enact3 ment of this Act, satisfies the requirements of section

4 8410 of title 5, United States Code, for being considered

5 eligible for an annuity under subchapter II of chapter 84

6 of such title.

7 (c) REFUNDS OF CONTRIBUTIONS.—

8 (1) IN GENERAL.—Nothing in subsection (a)

9 shall prevent appropriate refunds from being made,

10 in accordance with applicable provisions of law, on

11 account of an individual’s becoming ineligible to par12 ticipate in the Federal Employees’ Retirement Sys13 tem as a result of the enactment of this Act.

14 (2) SPECIAL RULE.—For purposes of making

15 any refunds in accordance with paragraph (1), a

16 Member who becomes ineligible to participate in the

17 Federal Employees’ Retirement System as a result

18 of the enactment of this Act shall be treated in the

19 same way as if separated from service.

20 (d) ANNUITANTS NOT AFFECTED.—Subsection (a)

21 shall not be considered to apply with respect to—

22 (1) any former Member of Congress who, as of

23 the date of the enactment of this Act, is entitled (or
3

HR 47 IH

1 would on proper application be entitled) to an annu2 ity computed, in whole or in part, by reference to

3 section 8415 of title 5, United States Code; or

4 (2) any individual who, as of the date of the en5 actment of this Act, is entitled (or would on proper

6 application be entitled) to an annuity as a survivor

7 of a former Member of Congress.

8 SEC. 2. DEFINITION.

9 For purposes of this Act, the terms ‘‘Member of Con10 gress’’ and ‘‘Member’’ have the same meaning as the term

11 ‘‘Member’’ under section 8401(20) of title 5, United

12 States Code.

Æ
108TH CONGRESS

2D SESSION S. 2277

AN ACT

To amend the Act of November 2, 1966 (80 Stat. 1112),

to allow binding arbitration clauses to be included in

all contracts affecting the land within the Salt River

Pima-Maricopa Indian Reservation.

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

2

S 2277 ES

1 SECTION 1. BINDING ARBITRATION FOR SALT RIVER PIMA2 MARICOPA INDIAN RESERVATION CON3 TRACTS.

4 (a) IN GENERAL.—Section 2(c) of the Act of Novem5 ber 2, 1966 (25 U.S.C. 416a(c)), is amended—

6 (1) in the first sentence—

7 (A) by striking ‘‘Any lease’’ and all that

8 follows through ‘‘affecting land’’ and inserting

9 ‘‘Any contract, including a lease, affecting

10 land’’; and

11 (B) by striking ‘‘such lease or contract’’

12 and inserting ‘‘such contract’’; and

13 (2) in the second sentence, by striking ‘‘Such

14 leases or contracts entered into pursuant to such

15 Acts’’ and inserting ‘‘Such contracts’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect as if included in the Indian

18 Tribal Economic Development and Contract Encourage19 ment Act of 2000 (Public Law 106–179).

Passed the Senate July 19, 2004.

Attest:

Secretary.
108TH CONGRESS

2D SESSION S. 2277

AN ACT

To amend the Act of November 2, 1966 (80 Stat.

tion.the Salt River Pima-Maricopa Indian Reservaincluded in all contracts affecting the land within1112), to allow binding arbitration clauses to be
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, Robert H. Mullen, certify that: 

 

1. I have reviewed this Quarterly Report on Form 10-Q of The Newark Group, Inc.; 

 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

 

(b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

(c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s mostrecent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

 

(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

 

(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: March 15, 2005
<PAGE>

                                                                    EXHIBIT 32.2

                  CERTIFICATION OF THE CHIEF FINANCIAL OFFICER
   PURSUANT TO RULE 13a-14(b) OF THE EXCHANGE ACT AND 18 U.S.C. SECTION 1350.

      In connection with the Quarterly Report on Form 10-Q of Penwest
Pharmaceuticals Co. (the "Company") for the period ended June 30, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned, Jennifer L. Good, Vice President, Finance and Chief 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, 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: August 5,  2005               /s/ Jennifer L. Good
                                        ---------------------------------------
                                        Jennifer L. Good
                                        Senior Vice President, Finance and
                                        Chief Financial Officer

                                       36
#### STATE OF NEW JERSEY v. MARLO GUNTER.

May 30, 1989.

Petition for certification denied. (See 231 *N.J.Super.*34)
Exhibit CC 

Case 2:15-cv-01856-BSB Document 53-34 Filed 12/30/16 Page 1 of 5
Case 2:15-cv-01856-BSB Document 53-34 Filed 12/30/16 Page 2 of 5
Case 2:15-cv-01856-BSB Document 53-34 Filed 12/30/16 Page 3 of 5
Case 2:15-cv-01856-BSB Document 53-34 Filed 12/30/16 Page 4 of 5
Case 2:15-cv-01856-BSB Document 53-34 Filed 12/30/16 Page 5 of 5
#### D. W. Fearis *v.*Andrew F. Blount.

Abandonment of Contract for Exchange of Personal Property.

Henry and Eearis having traded personal property, upon demand made on Eearis, he refused to deliver, claiming a fault in the condition of the property delivered to him, and' would not deliver his property exchanged only qu a payment of $5.00. Held, that Henry rightfully regarded the trade as rescinded, and recovered possession of his mare.

APPEAL FROM LEWIS CIRCUIT COURT.

January 18, 1870.

Opinion of the Court by

Judge Williams:

Patrick Henry having traded a mare to Fearis for a calf and mule colt delivered the mare and had the calf and colt put into the hands of Fearis’ son living with him. Henry traded the calf and colt to Blount who went with Henry’s order to get them, but Fearis insisted that the mare was worse diseased than Henry had represented her and he would not stand to the trade unless Henry would pay him five dollars and refused to let Blount have the calf.

Henry residing some sixty miles distant from the nighborhood of Fearis and Blount had started home, but Blount followed him and got an order for the mare. When Blount returned Fearis had gone out into the neighborhood with the mare, when he returned she was turned into his pasture from which she was taken and finding Blount in possession of her he brought this suit to recover her, which having been decided against him he appealed to this court.

If a fraud was practiced on him he had the unquestionable right either to abandon the contract and retain the calf and mule, or he could abide the contract, deliver them and sue Henry for the fraud.

Having refused to deliver the j>roperty traded for the mare and having announced to Blount that he would not abide the trade unless Henry would pay him five dollars, authorized Henry *463to regard the trade as abandoned and to reclaim his mare, an4 the evidence authorized the jury to consider the trade as rescinded, rather abandoned.

*G. M.*Thomas, *Throop, for appellant.*

Lindsey, *for appellee.*

Wherefore the judgment is *affirmed.*
<PAGE>   1
                                   EXHIBIT 11
                STATEMENT OF COMPUTATION OF PER SHARE EARNINGS

<TABLE>
<CAPTION>
                                                              1999             1998             1997
                                                           ---------        ---------        ---------
<S>                                                        <C>              <C>              <C>
Weighted average number of issued
shares each period                                         5,579,000        5,514,000        5,514,000
Common stock equivalents, computed
using treasury stock method                                  453,000          291,000                0
                                                           ---------        ---------        ---------
                                                           6,032,000        5,805,000        5,514,000
                                                          ==========       ==========       ==========
Shares used in
Basic EPS                                                  5,579,000        5,514,000        5,514,000
Diluted EPS                                                6,032,000        5,805,000        5,514,000
</TABLE>


                                      36
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 quarterly report of Eastern Virginia Bankshares, Inc. (the Company) on Form 10-Q for
the quarter ended September 30, 2010, as filed with the Securities and Exchange Commission (the Report), I, Joe A. Shearin, 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:



| |  |  | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------



| |  |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as
of and for the period covered by the Report.
| | - |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: November 15, 2010



|                                     
|-------------------------------------
|/s/ Joe A. Shearin                   
|Joe A. Shearin                       
|President and Chief Executive Officer
<PAGE>

                                                                    EXHIBIT 99.1


                               Budget Group, Inc.
                                125 Basin Street
                                    Suite 210
                          Daytona Beach, Florida 32114



               Letter to Commission pursuant to Temporary Note 3T


April 8, 2002

Securities and Exchange Commission
450 Fifth Street N.W.
Washington D.C. 20549

Ladies and Gentlemen:

Pursuant to Temporary Note 3T to Article 3 of Regulation S-X, the Budget Group
Inc. Audit Committee of the Board of Directors has obtained a letter of
representation from Arthur Andersen LLP ("Andersen") stating that the December
31, 2001 audit was subject to their quality control system for the U.S.
accounting and audit practice to provide reasonable assurance that the
engagement was conducted in compliance with professional standards, that there
was appropriate continuity of Andersen personnel working on the audit,
availability of national office consultation and availability of personnel at
foreign affiliates of Andersen to conduct the relevant portions of the audit.

Sincerely,

Budget Group, Inc.

/s/ William Johnson
----------------------------
William Johnson
Executive Vice President and
Chief Financial Officer
#### STATE OF NEW JERSEY v. JOSEPH T. SLAVIN.

May 30, 1989.

Petition for certification denied.