alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 00-1597

___________

Charlotte Klingler; Charles Wehner; *

Sheila Brashear, *

*

Appellants, * 

 *

v. * Appeal from the United States

 * District Court for the Western

Director, Department of Revenue, * District of Missouri.

State of Missouri, *

 * [PUBLISHED]

Appellee. *

 * 

__________________ * 

 * 

United States of America, * 

 * 

Amicus Curiae. * 

 ___________

Submitted: December 10, 2001

Filed: February 27, 2002

___________

Before MORRIS SHEPPARD ARNOLD, BEAM, and RILEY, Circuit Judges.

___________

PER CURIAM.

After Charlotte Klingler and others filed suit against the director of the

Department of Revenue of the state of Missouri, claiming that the fee charged for
-2-

placards that allow use of accessible parking violated Title II of the Americans with

Disabilities Act (ADA), see 42 U.S.C. §§ 12131-12165, the defendant moved to

dismiss the case based on eleventh amendment immunity. The district court granted

the motion and the plaintiffs appealed. We reverse in part and affirm in part.

In Ex parte Young, 209 U.S. 123, 155-56 (1908), the Supreme Court held that

eleventh amendment immunity was not available to state officials in suits seeking

prospective injunctive relief for violations of federal law. See also Edelman v.

Jordan, 415 U.S. 651, 664, 667-68 (1974). In Randolph v. Rodgers, 253 F.3d 342,

347-48 (8th Cir. 2001), which we decided after the district court entered its judgment

in this case, we held this principle applicable to non-employment claims based on

Title II of the ADA. We therefore conclude that the plaintiffs here may seek

declaratory and injunctive relief under Ex Parte Young. We believe, however, that

Alsbrook v. City of Maumelle, 184 F.3d 999 (1999) bars the plaintiffs' claim for

monetary damages.

We therefore reverse the district court's order dismissing the plaintiffs' claim

for declaratory and injunctive relief, but affirm its dismissal of the claim for damages,

and we remand to the court for further proceedings.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
EXHIBIT 32

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER and PRINCIPAL
       FINANCIAL OFFICER PURSUANT TO SECTION 906
          OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of the Everest Fund, L.P.
(the "Partnership"), for the quarter ended September 30, 2012,
as filed with the U.S. Securities and Exchange Commission
on the date hereof (the "Report"), I, Peter Lamoureux, President
of Everest Asset Management, Inc., the general partner of
the Everest Fund, L.P. (the "Fund"), hereby 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 Fund.




      By:  /s/ Peter Lamoureux
         ----------------------
      Name: 	Peter Lamoureux
      Title: 	Director, President and
      		Treasurer

      November 14, 2012


		E-3
----

| 1. | HuntMountain Resources, LTD, a wholly-owned Canadian subsidiary. |
|----|------------------------------------------------------------------|

| 2. | HuntMountain Investments, LLC, a wholly-owned limited liability company. |
|----|--------------------------------------------------------------------------|

| 3. | Cerro Cazador  Mexico S.A. De C.V., a wholly-owned  Mexican subsidiary. |
|----|---------------------------------------------------------------------------------------------|

| 4. | Hunt Mining Corp., previously known as Sinomar Capital Corporation, 65% owned by HuntMountain Resources and 4% owned by HuntMountain Investments |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------|

| 5. | Hunt Gold USA, LLC, a wholly-owned Canadian subsidiary of Hunt Mining Corp., previously known as Sinomar Capital Corp. |
|----|------------------------------------------------------------------------------------------------------------------------|

| 6. | 1494716 Alberta, Ltd. a wholly-owned Canadian subsidiary of Hunt Mining Corp., previously known as Sinomar Capital Corp. |
|----|--------------------------------------------------------------------------------------------------------------------------|

| 7. | Cerro Cazador S.A., an Argentine subsidiary 95% owned by Hunt Mining Corp., previously known as Sinomar Capital Corp. and 5% owned by 1494716 Alberta, Ltd. |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
Exhibit (99.1)



                               MET-PRO CORPORATION


                            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 on Form 10-K for the  fiscal  year ended
January  31,  2003 of  Met-Pro  Corporation  (the  "Company")  as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Raymond
J. De Hont,  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.




/s/ Raymond J. De Hont
--------------------------------
Raymond J. De Hont
Chief Executive Officer
April 28, 2003
EXHIBIT 32.54

 

 

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 on Form 10-Q of Dollar Thrifty Automotive Group, Inc. (the “Company”) for the period ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, H. Clifford Buster III, Chief Financial 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 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/ H. Clifford Buster III

H. Clifford Buster III

Chief Financial Officer

November 5, 2008

 

 

 

 

 

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 Dollar Thrifty Automotive Group, Inc. and will be retained by Dollar Thrifty Automotive Group, Inc. and furnished to the        Securities and Exchange Commission or its staff upon request.
EXHIBIT 32

CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER and PRINCIPAL
       FINANCIAL OFFICER PURSUANT TO SECTION 906
          OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of the Everest Fund, L.P.
(the "Partnership"), for the quarter ended June 30, 2011,
as filed with the U.S. Securities and Exchange Commission
on the date hereof (the "Report"), I, Peter Lamoureux, President
of Everest Asset Management, Inc., the general partner of
the Everest Fund, L.P. (the "Fund"), hereby 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 Fund.




      By:  /s/ Peter Lamoureux
         ----------------------
      Name: 	Peter Lamoureux
      Title: 	Director, President and
      		Treasurer

      August 15, 2011


		E-3
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40628 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

LUIS DURON JUAREZ

, also known as “Canoco”,

Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:14

- CR

- 41

- 3

Before DAVIS, SMITH, and PRADO, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Luis Duron Juarez has moved for

leave to withdraw and has filed a brief in accordance with Anders v. California

, 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011).

Juarez h a s not filed a response. We have reviewed counsel’s brief and the
relevant portions of the record reflected therein. We concur with counsel’s
assessment that the appeal presents no nonfrivolous issue for appellate review.

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED February 17, 2016
Lyle W. Cayce Clerk Case: 15-40628 Document: 00513384419 Page: 1 Date Filed: 02/17/2016No. 15

- 40628

2 Accordingly, counsel’s motion for leave to withdraw is GR ANTED, counsel is
excused from further responsibilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR

. R. 42.2. Case: 15-40628 Document: 00513384419 Page: 2 Date Filed: 02/17/2016
II 

108TH CONGRESS 

2D SESSION H. R. 4306

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7, 2004

Received 

AN ACT

To amend section 274A of the Immigration and Nationality 

Act to improve the process for verifying an individual’s 

eligibility for employment.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 4306 RDS 

1 SECTION 1. IMPROVEMENTS TO EMPLOYMENT 

2 VERIFICATION SYSTEM. 

3 (a) IN GENERAL.—Section 274A(b) of the Immigra4 tion and Nationality Act (8 U.S.C. 1324a(b)) is amend5 ed—

6 (1) in paragraph (1)(A), by inserting before ‘‘A 

7 person or entity has complied’’ the following: ‘‘Such 

8 attestation may be manifested by either a hand-writ9 ten or an electronic signature.’’; 

10 (2) in paragraph (2), by adding at the end the 

11 following: ‘‘Such attestation may be manifested by 

12 either a hand-written or an electronic signature.’’; 

13 and 

14 (3) in paragraph (3), by inserting ‘‘a paper, 

15 microfiche, microfilm, or electronic version of’’ after 

16 ‘‘must retain’’. 

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

18 subsection (a) shall take effect on the earlier of—

19 (1) the date on which final regulations imple20 menting such amendments take effect; or
3

HR 4306 RDS 

1 (2) 180 days after the date of the enactment of 

2 this Act.

Passed the House of Representatives October 6, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.
**Exhibit
        32.2**
 
 **CERTIFICATION
        OF CHIEF FINANCIAL OFFICER**
 **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 Entropin, Inc. (the “Company”) on Form
        10-QSB for the quarter ended June 30, 2005 as filed with the Securities and
        Exchange Commission on the date hereof (the “Report”), the undersigned, in the
        capacities and on the dates indicated below, hereby certifies pursuant to
        18
        U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
        Act of 2002, that to his 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 results of operations of the Company.
 
 
 Dated:
        August 9, 2005
  By:
              /s/
                    David
                    NorrisDavid
                  NorrisChief
                  Financial Officer
 
 A
        signed
        original of this written statement required by Section 906 of the Sarbanes-Oxley
        Act of 2002, or other document authentications, 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
        Entropin, Inc. and will be retained by Entropin, Inc. and furnished to the
        Securities and Exchange Commission or its staff upon request.
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

No. 07-4465

JUSTIN LAYSHOCK, a minor,

by and through his parents;

DONALD LAYSHOCK;

CHERYL LAYSHOCK, individually

and on behalf of their son

v.

HERMITAGE SCHOOL DISTRICT

KAREN IONTA, District Superintendent;

ERIC W. TROSCH, principal Hickory High School

CHRIS GILL, Co-Principal Hickory High School, all in their

official and individual capacity

Hermitage School District,

Appellant

(WDPA Civil Action No. 06-cv-00116)

PRESENT: SCIRICA, Chief Judge, SLOVITER, McKEE, RENDELL, BARRY,

AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN,

GREENAWAY and ROTH, Circuit Judges

ORDER

Upon consideration of the petition for rehearing filed by appellant and the answer

filed by appellees, it is hereby O R D E R E D that the petition for rehearing en banc is

granted. It is

FURTHER ORDERED that the opinion and judgment filed February 4, 2010 as to

the appeal at No. 07-4465, are hereby vacated.
2

The matter will be argued before the en banc court on Thursday, June 3, 2010, at

10:00 a.m.

By the Court,

/s/ Anthony J. Scirica 

Chief Judge

Date: April 9, 2010

MLR/cc:

Witold J. Walczak, Esq.

Kim M. Watterson, Esq.

Richard T. Ting, Esq.

Christina Lane, Esq.

Anthony G. Sanchez, Esq.

John W. Whitehead, Esq.

Sean A. Fields, Esq.

Joanna J. Cline, Esq.
#### SILAS *v.*CITY OF ATLANTA.

No. 6489.

December 13, 1928.

*483
      *Aldine & Hewitt W. Chambers,*for plaintiff.

*J. L. Mayson*and *G. 8. Winn,*for defendant.

Beck, P. J.

(After stating the foregoing facts.) There was evidence authorizing the court to find that the material and controlling contentions made by the City of Atlanta in its answer had been sustained. Whether the bond commission had all the power with which it seems to be vested or not, and whether the resolution *484by the city council and the action of the board of education would of itself have been sufficient to authorize the Dolvin Realty Company to remove the buildings on the lot in controversy without any action on the part of the bond commission, nevertheless, while a controversy as to Dolvin’s or the Dolvin Realty Company’s right to remove these buildings was pending, the realty company, by Oliver Dolvin, president and general manager, made the following written agreement and stipulation in a letter to the chairman of the board of education of the City of Atlanta: “The undersigned, holder of options and warranty deed, on the State-Haygood school lot, recently bargained to board of education of the City of Atlanta, hereby agrees that if chairman of board of education will approve the voucher for money agreed to pay for this lot by said City of Atlanta, the undersigned hereby binds himself and agrees not to remove anything from said property until authorized by action of board of education of City of Atlanta, the bond commission, and mayor and general council.” Under this express stipulation not to remove “anything from the property until authorized by action of the board of education, the bond commission, and mayor and general council,” neither the Dolvin Realty Company nor its agent, nor a purchaser from it could move the houses from off this lot, even if the stipulation in the option given by Oliver Dolvin, to the effect that- Dolvin “will agree to clear the property of all improvements at no cost to the city and with no charge from the city to me,” amounted to a reservation of the title to the houses or improvements on the lot and the right to remove them therefrom. Even if the evidence which was offered by the plaintiff and excluded by the court had been introduced, it could not have materially affected the controlling issue in this case. Consequently the court did not err in refusing an interlocutory injunction.

*Judgment affirmed.*

*All the Justices concur.*
I 

108TH CONGRESS 

2D SESSION H. R. 3913

To provide the penalty of death for kingpins of child sex slave trafficking 

enterprises. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2004

Mr. EMANUEL (for himself, Mr. BURTON of Indiana, Mr. HOYER, Mr. ANDREWS, Mr. CARDOZA, Mr. CHANDLER, Mr. MILLER of Florida, Mr. 

ENGLISH, Ms. MCCARTHY of Missouri, Mr. SANDLIN, and Mr. FROST) 

introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL

To provide the penalty of death for kingpins of child sex 

slave trafficking enterprises.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Juvenile Protection 

5 From Sex Slavery Trafficking Act of 2004’’. 

6 SEC. 2. PENALTY OF DEATH FOR KINGPINS OF CHILD SEX 

7 SLAVE TRAFFICKING ENTERPRISES. 

8 Section 1591 of title 18, United States Code, is 

9 amended—
2

•HR 3913 IH 

1 (1) by redesignating subsection (c) as sub2 section (d); 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) Whoever acts as a child sex trafficking kingpin 

6 shall be subject to the penalty of death, or imprisoned for 

7 life if that penalty is not imposed. ’’; and 

8 (3) in subsection (d) (as so redesignated by 

9 paragraph (1)), by adding at the end the following: 

10 ‘‘(4) The term ‘child sex trafficking kingpin’ 

11 means a person who violates subsection (a), if the 

12 violation is a part of a continuing series of violations 

13 of that subsection—

14 ‘‘(A) which are undertaken by that person 

15 in concert with 5 or more other persons with re16 spect to whom that person occupies a position 

17 of organizer, a supervisory position, or any 

18 other position of management; and 

19 ‘‘(B) from which that person obtains sub20 stantial income or resources.’’.

Æ
Motion Granted; Appeal Dismissed and Memorandum Opinion filed January 

23, 2020

In The

Fourteenth Court of Appeals

NO. 14-18-00651-CV

DATA MANAGEMENT SOLUTIONS CORPORATIONS, Appellant

V.

UPSTREAM ENERGY SERVICES, LP, Appellee

On Appeal from the 268th District Court

Fort Bend County, Texas

Trial Court Cause No. 09-DCV-172561

MEMORANDUM OPINION

This is an appeal from a judgment signed May 4, 2018. On January 16, 

2020, appellant filed a motion to dismiss the appeal. See Tex. R. App. P. 42.1. The 

motion is granted. Accordingly, the appeal is ordered dismissed.

PER CURIAM

Panel consists of Chief Justice Frost and Justices Christopher and Bourliot.
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Page 71095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28386]


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

CONSUMER PRODUCT SAFETY COMMISSION


Sunshine Act Meeting

TIME AND DATE: Friday, December 5, 2014, 9:00 a.m.-12:00 p.m.

PLACE: Hearing Room 420, Bethesda Towers, 4330 East West Highway, 
Bethesda, Maryland.

STATUS: Commission Meeting--Open to the Public.

Matter To Be Considered: Briefing Matter: Phthalates--NPR.
    A live webcast of the Meeting can be viewed at www.cpsc.gov/live.

CONTACT PERSON FOR MORE INFORMATION: Todd A. Stevenson, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: November 25, 2014.
Alberta E. Mills,
Acting Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2014-28386 Filed 11-26-14; 4:15 pm]
BILLING CODE 6355-01-P
DISMISS and Opinion Filed November 19, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-19-00996-CV

MARK NUSBAUM, CHRIS CLARK, AND 

LEAD EQUITY GROUP, LLC, Appellants

V.

WELLINGTON REALTY, LLC, WRC ADVISORS, LLC, 

AND DAVID SHAFFER, Appellees

On Appeal from the 95th District Court

Dallas County, Texas

Trial Court Cause No. DC-18-18742

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Whitehill, and Justice Schenck

Opinion by Justice Schenck

Before the Court is appellants’ motion to dismiss the appeal pursuant to Texas Rule of 

Appellate Procedure 42.1(a)(1). TEX. R. APP. P. 42.1(a)(1). We grant appellants’ motion and 

dismiss this appeal. See id.

190996F.P05

/David J. Schenck/

DAVID J. SCHENCK

JUSTICE
–2–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

MARK NUSBAUM, CHRIS CLARK, AND 

LEAD EQUITY GROUP, LLC, Appellants

No. 05-19-00996-CV V.

WELLINGTON REALTY, LLC, WRC 

ADVISORS, LLC, AND DAVID 

SHAFFER, Appellees

On Appeal from the 95th District Court, 

Dallas County, Texas

Trial Court Cause No. DC-18-18742.

Opinion delivered by Justice Schenck. Chief 

Justice Burns and Justice Whitehill 

participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Subject to any agreement between the parties, it is ORDERED that appellees 

WELLINGTON REALTY, LLC, WRC ADVISORS, LLC, AND DAVID SHAFFER recover 

their costs of this appeal from appellants MARK NUSBAUM, CHRIS CLARK, AND LEAD 

EQUITY GROUP, LLC.

Judgment entered this 19th day of November, 2019.