alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 10, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-10494

IN THE MATTER OF: FURNITURE 4 LESS, INC.,

Debtor.

***************************************************************

JOHN H. LITZLER, Trustee,

Appellant,

versus

D. M. REID ASSOCIATES, LTD./SOUTH,

Appellee.

Appeal from the United States District Court

for the Northern District of Texas - Dallas Division

Case No. 3:05-CV-1386

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit

Judges.

PER CURIAM:*

The court has carefully considered this appeal in light

of the briefs, oral argument, and pertinent portions of the record.

Having done so, we find no clear error of fact or error of law and

AFFIRM the judgments of the bankruptcy and district courts.

AFFIRMED.
1 

2 

3 

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10 

11 

12 

13 

14 

15 

16 

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18 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Gary Despain, 

Plaintiff, 

v. 

BNSF Railway Company, 

Defendant. 

NO. CV-15-08294-PCT-NVW

JUDGMENT OF DISMISSAL IN A 

CIVIL CASE 

 Decision by Court. This action came for consideration before the Court. The 

issues have been considered and a decision has been rendered. 

IT IS ORDERED AND ADJUDGED that judgment is entered pursuant to the 

Court’s orders of June 20, 2018 and June 28, 2018, dismissing the complaint and this 

action with prejudice, including all claims and counterclaims against all parties, and 

saving to the parties the substantive terms of their settlement made on June 8, 2018, as it 

may be proved in a later action to enforce the settlement. In such action the parties are 

limited to enforcing the terms of their settlement and are prohibited from asserting the 

underlying claims settled in this action. Each party will bear his or its own attorneys’ fees 

and costs.

 Brian D. Karth

 District Court Executive/Clerk of Court

July 5, 2018 

s/ L. Dixon

 By Deputy Clerk

Case 3:15-cv-08294-NVW Document 126 Filed 07/05/18 Page 1 of 1
Case 2:15-mj-01822-JFM Document 4 Filed 11/09/15 Page 1 of 3
Case 2:15-mj-01822-JFM Document 4 Filed 11/09/15 Page 2 of 3
Case 2:15-mj-01822-JFM Document 4 Filed 11/09/15 Page 3 of 3
Exhibit 32.1

Section 906 Certification of Chief Executive Officer

CERTIFICATION

In connection with the quarterly report on Form 10-Q/A for the period ended March 31, 2009 (the Form 10-Q/A) of Eastern Virginia Bankshares, Inc. (the
Company), I, Joe A. Shearin, Chief Executive Officer of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| |  |  | the Form 10-Q/A fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended; and
| | - |  | -----------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the Form 10-Q/A fairly presents, in all material respects, the financial condition and the results of operations of the Company as of
and for the periods presented in the Form 10-Q/A.
| | - |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|    |  |                         |  |  |  |                    
|--- |  | ----------------------- |  |  |  | -------------------
|By: |  | /s/ Joe A. Shearin      |  |  |  | Date: June 25, 2009
|    |  | Joe A. Shearin          |  |  |  |                    
|    |  | Chief Executive Officer |  |  |  |                    



31
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NOS. AP -76,899 & AP -76,900

EX P ARTE JES SIE AL AN HUCK EL, App licant

ON AP P LICATIONS FOR A WRIT OFHABEAS CORPUS CAUSE NOS. F- 1033708-L AND F -1033709-L IN THE CRIMINAL DISTRICT COURT NO. F IVE F ROM DALLAS COUNTY

Per curiam . O P I N I O N Pursuant to the provisions of Article 11.07 of the Tex as C o d e o f Criminal Procedur e, the cler k of the trial court transmitt ed to thi s Court these applications for a writ of habeas corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of methamphetamine and cre dit card abuse and sentenc ed to ei gh t y ears’ imprisonment in eac h

cause . Appli ca n t contends that his counsel rende red ineffe ctive assistance beca use he failed to timely file notices of

appeal. The trial court, based upon the rec ord, has deter mined that counsel failed to timely file2

notices of appeal. We find that Applica nt is entitled to the opportuni ty to file out -of- time appeals of the judgme nts of conviction in Cause Nos. F- 1033708-L and F- 1033709-L from the Criminal District Court No. Five of Dallas County

. Applicant is order ed returne d to that time at which he may g ive written n o t i ces of appea l so that he may then, with the aid of counsel, obtain meaning ful appea ls. Within ten day s of the issuance of this opinion, the trial court shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial court shall immediately appoint an attorney to repr esent Applicant on direc t appeal. All time limit s shall be calc ulated as if the sentenc es had been imposed on the date on whic h the mandate of this Court issues. We hold that, should Appli can t d es i re to prosec ute his appeals, he must take aff irmative steps to file written notices of appea l in the trial court within 30 day s after the mandate of this Court issues. Copies of this op inio n shall be sent to the Texas Depa rtment of Criminal Justice-Corr ectional Institut ions Division and Pardons and Paroles Division.

Deliver ed: Octobe r 31, 2012 Do not publish
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-28-1997
<PERIOD-START>                             DEC-30-1996
<PERIOD-END>                               DEC-28-1997
<CASH>                                       2,610,227
<SECURITIES>                                         0
<RECEIVABLES>                                2,050,094
<ALLOWANCES>                                         0
<INVENTORY>                                  1,015,651
<CURRENT-ASSETS>                             9,556,785
<PP&E>                                       5,435,818
<DEPRECIATION>                               1,697,143
<TOTAL-ASSETS>                              16,768,734
<CURRENT-LIABILITIES>                        5,904,275
<BONDS>                                              0
<COMMON>                                        70,343
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                16,768,734
<SALES>                                     20,240,888
<TOTAL-REVENUES>                            28,360,981
<CGS>                                       20,766,007
<TOTAL-COSTS>                               20,766,007
<OTHER-EXPENSES>                             5,898,080
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (108,977)
<INCOME-PRETAX>                              3,250,931
<INCOME-TAX>                                   656,362
<INCOME-CONTINUING>                          2,508,683
<DISCONTINUED>                                 162,599
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,346,084
<EPS-PRIMARY>                                     0.34
<EPS-DILUTED>                                     0.33
        

</TABLE>
I

105TH CONGRESS

1ST SESSION H. R. 706

To provide off-budget treatment for one-half of the receipts and disbursements

of the land and water conservation fund.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 12, 1997

Mr. CAMPBELL (for himself and Mr. LEWIS of Georgia) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committee on Resources, 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 provide off-budget treatment for one-half of the receipts

and disbursements of the land and water conservation fund.

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

3 SECTION 1. OFF-BUDGET TREATMENT FOR ONE-HALF OF

4 THE RECEIPTS AND DISBURSEMENTS OF

5 LAND AND WATER CONSERVATION FUND.

6 Notwithstanding any other provision of law except

7 the Line Item Veto Act of 1996, one-half of the receipts

8 and disbursements of the receipts and disbursements of

9 the land and water conservation fund—
2

•HR 706 IH

1 (1) shall not be counted as new budget author2 ity, outlays, receipts, or deficit or surplus for pur3 poses of—

4 (A) the budget of the United States Gov5 ernment as submitted by the President,

6 (B) the congressional budget (including al7 locations of budget authority and outlays pro8 vided therein), or

9 (C) the Balanced Budget and Emergency

10 Deficit Control Act of 1985; and

11 (2) shall be exempt from any general budget

12 limitation imposed by statute on expenditures and

13 net lending (budget outlays) of the United States

14 Government.

Æ
j **~OFFiCE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS**

**I AUSTIN**  **SROV~RSCLLLRS I**  ***rrO ”NKv**  **OKNLRAL r.**  **.**

;; Capitol Statlou. -Austin, Texa.Y , -. 598

.’

“A state employee

In question was 1 eccouut~, and a supbe subtitted ‘to you, nt haa attached to as to ~W!IJ

the -cons:dcrs ch’X amfob

jec~tlng, should

Nelth& the expcase account accompanyirq yo.iw request nor the supportlnz statement of the enployee.attached
‘thereto reveal that auy State business 

## wasattended to ic Dallas by the **enplogee** thou claim is made for mileege on a return trip frzim Las Jqeles to Austin via Dallas. Wrthermore, the claimant states in hls.letter of explanation that,

.**. .**  **“ 8Jcl**  : I_ 1 goaomble George II.Shsppsrd, page 2 :

'Thir axpellieaccount inClUd89 only 8ipe59e9'15curr8d outaide OS a direct line frm Los A5geles to Austln.n.

iectioa 2, (12)a, Chapter 400, Act; of the 

### 48th ?.+@slatllF8,



### one **0r** 

### the general 

### provisions reletlag to departmental apwoprlatioas, provfdes that, "Bo 

### traveling expenses shall b6 claimed, allowed or paid unless iucurred Uhi18 travelbg 05 

### State business.” The sat38laac;uage was used in Section 12 of 5. D. 423, Acts 47th LegLslature,,and bur OpitaioaBo; O-6923 had,

### this, to, 8~ about its, conatruc

### tion: ‘
. j, -. <, ~"Bro&?

the expense account'stibtitted,the'trlp 

### to Dallas represents a distinct and unexpJained de- ~' parture fron any usual or reasonable line of travel _',.. :: by ~aucoaobilefro3 Am~illo to Austin. fn the ab-

. 'senceof a.stater;?ent of facts 

### showing j, necessity for such departure fron a reasoaeble line of travel, ,the presmptioo obtains that the departure or side **~8XCUlWiO5** was ndt **05** State business, but upon a per- ~.‘,‘!. sons1 r&ssion or for reasons personal to the enQloyear 30 farmas appears fro% the expense-account, therefore, the,exponses,dis~llo~~edwere 

### net lacurred I while 05 Stnte business, and the Comptroller was not eauchorlzed but required by law to'refug8 pay- % k-.reent.l .). ., ,,.'

Section (12)f of tho~&*eeent Act provides, that,"

## “Ii the Comptroller is of the opinim that said officer or ercplogee did not take.the shortest practical route,.ho shall have the authority and St shall be his duty tomcompute the mileage of the shortest practical route, between the point cf origin and destination of each trip via lntemedlate points visited, and he shall issue his warrant in ra-inbursercenttherefor o~the.~. basis of the above rate." ., .~

Ye thinlcthe Comptroller properly exckised his authority in refusiw this account oo the @oilnd thet the stated expenses were iacumed outside of the cldlrmnt~s "reasmable line of travel” 

### or hia “shortest practical route.' " Very truQr yours 

### ATTOR.RXY

GEXZtAL

OF T?SWl
Exhibit 99.2

Certificate Pursuant to 18 U.S.C. Section 1350, As Adopted
Pursuant to Seciton 906 of the Sarbanes-Oxley Act of 2002

I, Jenelle Ray, the Chief Financial Officer of Liquidics, Inc. (the "Company"),
certify pursuant to Section 906 of the Sarbanes-Oxley act of 2002 18 U.S.C.
Section 1350, that to the best of my knowledge:

(1)       the Quarterly Report on Form 10-QSB of the Company for the fiscal
          quarter ended December 31, 2002 (the "Report") 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 Report fairly represents, in all
          material respects, the financial condition and results of
          operations of the Company.

Dated February 14, 2003

						Jenelle Ray
						---------------
						Jenelle Ray
						Chief Financial Officer
Consent (Accountants)





Exhibit 10.2 
 


 
 
 
CONSENT OF INDEPENDENT ACCOUNTANTS 
 
We hereby consent to the incorporation by reference in the Registration Statement on Form S-8 (No. 33-90616, 
No.
33-80797, No. 333-6390, No. 333-6862, No. 333-7226 and No. 333-12732) of STMicroelectronics N.V. of our reports dated February 19, 2003 relating to the financial statements and the financial statement schedule, which appear in this Form 20-F.

 
Amsterdam, March 14, 2003 
PricewaterhouseCoopers Accountants N.V. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
PricewaterhouseCoopers is the trade name of amongst others the following
companies: PricewaterhouseCoopers Accountants N.V. (registered with the Trade Register under number 34180285), PricewaterhouseCoopers Belastingadviseurs N.V. (registered with the Trade Register under number 34180284), PricewaterhouseCoopers
Corporate Finance & Recovery N.V. (registered with the Trade Register under number 34180287) and PricewaterhouseCoopers B.V. (registered with the Trade Register under number 34180289). The services rendered by these companies are governed by
General Terms & Conditions, which include provisions regarding our liability. These General Terms & Conditions are filed with the Amsterdam Chamber of Commerce and can also be viewed at www.pwcglobal.com/nl.
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Case 2:15-mj-01762-JFM Document 5 Filed 10/20/15 Page 1 of 3
Case 2:15-mj-01762-JFM Document 5 Filed 10/20/15 Page 2 of 3
Case 2:15-mj-01762-JFM Document 5 Filed 10/20/15 Page 3 of 3
1 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Benjamin McClure, 

Plaintiff, 

v. 

Country Life Insurance Company, et al., 

Defendants.

No. CV-15-02597-PHX-DLR

JUDGMENT 

 This action came before the Court for a trial by jury. The issues have been tried 

and the jury has rendered its verdict. 

IT IS ORDERED AND ADJUDGED that the Jury having found in favor of the 

Plaintiff as follows: 

(1) Verdict for Plaintiff on Claim for Joint Venture Relationship that the Jury 

finds in favor of Plaintiff Benjamin McClure and against Defendants Country 

Life Insurance Company and CC Services, Inc. and finds that CC Services Inc. 

shall be jointly liable for the conduct alleged in this matter against Country 

Life Insurance Company. 

(2) Verdict for Plaintiff on Claim for Breach of Contract that the Jury finds in 

favor of Plaintiff Benjamin McClure and against Defendants Country Life 

Insurance Company and CC Services, Inc. in the following amounts: (a) For 

policy benefits [up to the date of trial] in the amount of $23,469.35; (b) For 

Case 2:15-cv-02597-DLR Document 397 Filed 09/15/17 Page 1 of 2
- 2 - 

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unrefunded premiums in the amount of $1,245.74. 

(3) Verdict for Plaintiff on Claim for Breach of Good Faith and Fair Dealing 

that the Jury finds in favor of Plaintiff Benjamin McClure and against 

Defendants Country Life Insurance Company and CC Services, Inc in the 

following amounts: (a) For emotional distress, humiliation, inconvenience, and 

anxiety experienced and reasonably probable to be experienced in the future, in 

the amount of $1,290,000.00; (b) For loss of enjoyment of life, that is the 

participation in life’s activities to the quality and extent to be enjoyed before 

Defendants breached the duty of good faith and fair dealing, in the amount of 

$45,000.00; (c) For the unpaid social insurance disability benefits owed under 

the Policy, including past benefits in the amount of $0; and (d) For policy 

benefits (reduced to present value) for the period in which the Plaintiff will be 

totally disabled in the future, in the amount of $173,593.76. 

(4) Verdict for Plaintiff for Punitive Damages that the Jury finds in favor of 

Plaintiff Benjamin McClure against (a) Defendant Country Life Insurance 

Company in the amount of $2,500,000.00; and (b) CC Services Inc. in the 

amount of $2,500,000.00. 

(5) Pursuant to LRCiv. 58.1, interest shall accrue on the judgment at the rate 

authorized by 28 U.S.C. § 1961(a) (1.23% per annum) from the date of 

judgment until paid in full. 

 Dated this 14th day of September, 2017. 

Douglas L. Rayes 

United States District Judge 

Case 2:15-cv-02597-DLR Document 397 Filed 09/15/17 Page 2 of 2
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


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  filing of the  Quarterly
Report on Form 10-Q for the Quarter Ended  September 30, 2006 (the  "Report") by
Tag-It Pacific,  Inc.  ("Registrant"),  each of the undersigned hereby certifies
that:

1.       to the  best of our  knowledge,  the  Report  fully  complies  with the
         requirements  of section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

2.       to the best of our knowledge,  the information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         results of operations of Registrant.


Dated:  November 13, 2006                       /s/ Stephen P. Forte
                                                --------------------------------
                                                Stephen P. Forte
                                                Chief Executive Officer


Dated:  November 13, 2006                       /s/ Lonnie D. Schnell
                                                --------------------------------
                                                Lonnie D. Schnell
                                                Chief Financial Officer