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opinion should not be published and is not precedent except under the limited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

____________

No. 98-20219

____________

ROGER K. PARSONS, Individually and as

Administrator of the Estate of Esther Ann

Parsons, deceased,

Plaintiff-Appellant,

versus

E.I. DU PONT DE NEMOURS AND COMPANY,

Defendant-Appellee.

Appeal from the United States District Court

for the Southern District of Texas

(H-92-CV-788)

December 9, 1998

Before JOLLY, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

AFFIRMED. See 5TH CIR. R. 47.6.
Exhibit 10.1 Bank Contracts 2015






Exhibit 10.1
FORM OF EXTENSION OF TERM
OF EMPLOYMENT PERIOD
MEMORANDUM




		
	To:
	     


		
	From:
	Patricia Smith Lawler,


EVP/Human Resources Division
		
	Re:
	Extension of Employment Period


		
	Date:
	June ___, 2015


The Board of Directors of BankFinancial, F.S.B. (the “Bank”) and its Human Resources Committee have completed their annual review of your Employment Agreement with the Bank dated                     , and have determined to offer to extend the term of the “Employment Period” as referenced in Section 2(a) of your Employment Agreement to                     .
If you are agreeable to amending your Employment Agreement as provided above, please sign and date this document in the space indicated below and return it to me by no later than _________________. 
If you do not sign and return this document to me by such date, the term of your Employment Period and the Anniversary Date applicable to your Employment Agreement will remain unchanged. 


		
	Name:
	     




		
	Signature:
	     




		
	Date:
Order entered January 22, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00175-CV

TOP CAT READY MIX, LLC, Appellant

V.

ALLIANCE TRUCKING, L.P., Appellee

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-15-07419

ORDER

Before Justices Myers, Molberg, and Osborne

On our own motion, we WITHDRAW our December 27, 2018 Memorandum Opinion 

on Motion to Review Trial Court’s Order Setting Amount of Supersedeas Security. Because we 

are reversing the portion of the trial court’s summary judgment awarding Alliance Trucking, L.P. 

pre-judgment contractual issue and remanding that issue to the trial court for further proceedings, 

the question of whether contractual pre-judgment interest should be included in the supersedeas 

amount is MOOT.

/s/ KEN MOLBERG 

JUSTICE
IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

GUS JOHNSON, # 108854, :

Plaintiff, :

vs. : CIVIL ACTION 15-4-WS-C

A. PACHEO, et al., :

Defendants. :

ORDER

After due and proper consideration of all portions of this file deemed relevant to 

the issues raised, and a de novo determination of those portions of the Report and 

Recommendation to which objection is made, the Report and Recommendation of the 

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of 

this Court. It is ORDERED that this action be DISMISSED without prejudice as 

malicious pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1), and that the action 

be counted as strike for the purposes of 28 U.S.C. § 1915(g). 

The Clerk is DIRECTED to send to the Commissioner of the Alabama 

Department of Corrections a copy of the report and recommendation recommending 

the dismissal of this action, this order adopting the report and recommendation, and the 

judgment dismissing this action.

DONE this 20th day of February, 2015.

s/WILLIAM H. STEELE

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:15-cv-00004-WS-C Document 7 Filed 02/20/15 Page 1 of 1
EXHIBIT 10.57
                                  -------------

            AMENDMENT TO THE DIRECTOR INCENTIVE RETIREMENT AGREEMENT
                             DATED DECEMBER 19, 2002

This Amendment, made and entered into this 26th day of August, 2004, by and
between The First National Bank of Litchfield, a Bank organized and existing
under the laws of the State of Connecticut, hereinafter referred to as the,
"Bank", and the, "Director", shall effectively amend the Director Incentive
Retirement Agreement dated December 19, 2002.

      1.    Section 5.1.1 shall be deleted in its entirety and replaced with the
            following new Section 5.1.1:

                  5.1.1 Amount of Benefit The benefit under section 5.1 is the
                  greater of the Deferral Account balance or $89,505.

      2.    Schedule B shall be amended and replaced with a new schedule B that
            reflects a pre-retirement death benefit amount of $89,505.

IN WITNESS WHEREOF, the parties hereto acknowledge that each has carefully read
this Amendment and executed the original thereof on the first day set forth
hereinabove, and that, upon execution, each has received a conforming copy.


                                       1
<PAGE>

                                    THE FIRST NATIONAL BANK OF LITCHFIELD
                                    LITCHFIELD, CONNECTICUT


Carroll A. Pereira                                   By: Alan B. Magary
Witness                                                  DIRECTOR


                                       2
```

                                                                    EXHIBIT 32.2

              Certification of Chief Financial Officer pursuant to
                   18 U.S.C. Section 1350 adopted pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002

     I, Jonathan Stern, Chief Financial Officer of Register.com, Inc. (the
"Company"), hereby certify, pursuant to 18 U.S.C.(Section)1350 adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

     (i) The Company's accompanying Annual Report on Form 10-K/A for the year
ended December 31, 2003 fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934; and

     (ii) The information contained in such report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

                                             /s/ Jonathan Stern
                                             ------------------
                                             Jonathan Stern
                                             Chief Financial Officer

Dated:  November 9, 2004
```
CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     The  undersigned  Chief  Executive  Officer  of  HealthExtras,   Inc.  (the
 "Registrant")  hereby  certifies  that this periodic  report on Form 10-K fully
 complies with the requirements of Section 13(a) of the Securities  Exchange Act
 of 1934 and that the  information  contained  in such  periodic  report  fairly
 presents,  in all material  respects,  the  financial  condition and results of
 operations of the Registrant.

                                      /s/   David T. Blair
                                            ------------------------
                                            David T. Blair
                                            Chief Executive Officer
                                            Date: March 31, 2003


     The  undersigned  Chief  Financial  Officer  of  HealthExtras,   Inc.  (the
 "Registrant")  hereby  certifies  that this periodic  report on Form 10-K fully
 complies with the requirements of Section 13(a) of the Securities  Exchange Act
 of 1934 and that the  information  contained  in such  periodic  report  fairly
 presents,  in all material  respects,  the  financial  condition and results of
 operations of the Registrant.


                                      /s/   Michael P. Donovan
                                            -------------------------
                                            Michael P. Donovan
                                            Chief Financial Officer and
                                            Chief Accounting Officer
                                            Date: March 31, 2003



<PAGE>




                       CONSENT OF INDEPENDENT ACCOUNTANTS


     We hereby  consent to the  incorporation  by reference in the  Registration
 Statements on Form S-8 (No.  333-71182 and 333-71104) of HealthExtras,  Inc. of
 our report  dated  February  4, 2003,  relating to the  consolidated  financial
 statements and financial statement schedule, which appears in this Form 10-K.




                                            PricewaterhouseCoopers LLP




Washington, D.C.
March 29, 2003
|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 of Viral Genetics, Inc. (the Company) on
Form 10-KSB for the period ending December 31, 2004 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Haig Keledjian,
Chief Executive Officer and 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: (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.

|                     |  |     |  |                                                                      | 
|-------------------- |  | --- |  | -------------------------------------------------------------------- | 
|Date: March 30, 2005 |  | By: |  | /s/ Haig Keledjian                                                   | 
|                     |  |     |  | Haig Keledjian    Chief
Executive Officer    Chief Financial Officer | 

A signed original of this written
statement required by Section 906 has been provided to Viral Genetics, Inc. and will be
retained by Viral Genetics, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.
* 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. 97-50143

Conference Calendar

 

BRENTON FORD,

Plaintiff-Appellant,

versus

JAMES MOONINGHAM; MARCH HERRING;

KENNETH B. GREEN, JR., Warden,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-96-CV-426

- - - - - - - - - -

April 15, 1999

Before JONES, SMITH, and DUHÉ, Circuit Judges.

PER CURIAM:*

The motion filed by Brenton Ford, Texas prisoner # 543728,

for permission to proceed in forma pauperis (IFP) is DENIED, and

his appeal is DISMISSED.
I 

118TH CONGRESS 

1ST SESSION H. R. 1932 

To provide for a limitation on availability of funds for Department of Labor, 

Employee Benefits Security Administration, Salaries and Expenses for 

fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To provide for a limitation on availability of funds for Department of Labor, Employee Benefits Security Administration, Salaries and Expenses for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DEPARTMENT OF LABOR, EMPLOYEE BENE5 FITS SECURITY ADMINISTRATION, SALARIES 

6 AND EXPENSES FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Department of Labor, Employee Benefits Security 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 1932 IH

1 Administration, Salaries and Expenses for fiscal year 

2 2024 may not exceed $181,000,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit 31.1
CERTIFICATION

I, Benton H Wilcoxon, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Composite Technology
Corporation;

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
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 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 my supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to me 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 my conclusions about the effectiveness
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 most recent
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. I have disclosed, based on my 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 or
operation 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 other
employees who have a significant role in the registrant's internal control over
financial reporting.





Date: August 9, 2005
  By: /s/ Benton H Wilcoxon

Benton H Wilcoxon
Chief Executive Officer and Acting Chief Financial Officer
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

         In connection with the Annual Report of Genesis Technology Group, Inc.
on Form 10-KSB for the period ending September 30, 2006 as filed with the
Securities and Exchange Commission on the date hereof, I, Adam Wasserman, 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:

         1. The Report 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.

January 16, 2007

/S/ Adam Wasserman
------------------
Adam Wasserman,
Chief Financial Officer

[A signed original of this written statement required by Section 906 has been
provided to Genesis Technology Group, Inc. and will be retained by Genesis
Technology Group, Inc. and furnished to the United States Securities and
Exchange Commission or its staff upon request.]
12095.

#### WADDELL *et al. v.*WARD *et al.*

The ordinary’s order for removal of the fence which closed the alleged private way was not authorized by the evidence.

Decided April 13, 1921.

Certiorari; from Decatur superior court — Judge Wilson. December 31, 1920.

*W. V. Ouster,*for plaintiffs in error.

*Eartsfield & Oonger,*contra.

Per Curiam.

This case arose upon a petition to the ordinary to require the defendants to remove obstructions for an alleged private way. The evidence shows that .the defendants were the owners of certain lands and to the run of a creek over which people in the community had been traveling to reach the creek for picnicking, fishing, bathing, and for the purpose of baptizing *616converts of several churches in the neighborhood. The evidence shows that several of the plaintiffs had leased this way from the owners but that the lease had expired before this proceeding was begun. The evidence further showed that in addition to this short alleged private way, there was a public road which reached the creek a short distance from the particular point at which the alleged private way touched the creek. It appeared from the evidence that the owners of the land fenced up this alleged private way into their enclosed lands, for the purpose of keeping their stock from, running at large. It further appeared from the evidence that this alleged private way had been used from 15 to 35 years for the purposes hereinbefore set out. The ordinary, on the trial of this issue, passed air order requiring the removal of the fence which closed the alleged private way. The defendants presented to the judge of the superior court a petition for certiorari, which he sanctioned, and upon the answer of the ordinary, which adopted the petition for certiorari as true, the judge overruled and denied the certiorari. Error is assigned on this judgment.

An examination of the evidence does not show that the plaintiffs were entitled to have removed, by order of court, the obstructions from the alleged private way. There was no evidence which implied a gift or a dedication to the public of the land over which this alleged private way ran. In fact, the leasing of it by certain of the plaintiffs indicated that no prescriptive rights had accrued to the public. The creek, which was used for fishing and bathing, and as a baptizing place, certainly could have been fenced, and the very use which the plaintiffs claimed they had for it would have been defeated. It appeared, from the evidence, that there were other places on the creek which could bo used for fishing, bathing, and baptizing. There was also a public road which reached the creek a short distance from the particular point. In connection with what we have here held, see *Ga. R. &c. Co.*v. *City of Atlanta,*118 *Ga.*486 (45 S. E. 256). In addition to what we have said, the evidence did not show that the alleged private way was not over 15 feet wide. It follows that it was error to overrule the certiorari.

*Judgment reversed.*

*Broyles, Q. J., and Lulce and Bloodworth, JJ., concur.*
**EXHIBIT 31(1)**
I, Salomón Levis, Chairman of the Board and Chief Executive Officer of DoralFinancial Corporation, certify that:
 1. I have reviewed this Form 10-Q of Doral Financial Corporation;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this quarterly report, fairly presentin all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presentedin this report;  4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
 a. designed such disclosure controls, or caused such disclosurecontrols and procedures to be designed under our supervision, toensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period inwhich this report is being prepared;  b. evaluated the effectiveness of the registrant’s disclosurecontrols and procedures and presented in this report our conclusionabout the effectiveness of the disclosure controls and procedures asof the end of the period covered by this report based on suchevaluation; and  c. disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s first fiscal quarter that has materially affected, oris reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
 5. The registrant’s other certifying officer and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
 a. all significant deficiencies and material weakness in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  b. any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.
Date: August 9, 2004    /s/ Salomón Levis  Salomón Levis Chairman of the Board and Chief Executive Officer
#### The People of the State of New York, Respondent, v Ernest Sewell, Appellant.

[973 NYS2d 767]

Appeal by the defendant from a judgment of the County Court, Westchester County (Neary, J.), rendered September 9, 2009, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that his plea was not voluntary is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise this issue before the County Court *(see People v Perez,*51 AD3d 1043 [2008]). In any event, *1106the defendant’s plea of guilty was entered voluntarily, knowingly, and intelligently *(see People v Fiumefreddo,*82 NY2d 536, 543 [1993]; *People v Lopez,*71 NY2d 662, 666 [1988]; *People v Harris,*61 NY2d 9, 17 [1983]; *see also People v M’Lady,*59 AD3d 568 [2009]).

The defendant’s contention that he was deprived of the effective assistance of counsel is based, in part, on matter appearing on the record and, in part, on matter outside the record and, thus, constitutes a “ ‘mixed claim[ ]’ ” of ineffective assistance *(People v Maxwell,*89 AD3d 1108, 1109 [2011], quoting *People v Evans,*16 NY3d 571, 575 n 2 [2011], *cert denied*565 US —, 132 S Ct 325 [2011]). In this case, it is not evident from the matter appearing on the record that the defendant was deprived of the effective assistance of counsel *(cf. People v Crump,*53 NY2d 824 [1981]; *People v Brown,*45 NY2d 852 [1978]). Since the defendant’s claim of ineffective assistance of counsel cannot be resolved without reference to matter outside the record, a CPL 440.10 proceeding is the appropriate forum for reviewing the claim in its entirety *(see People v Freeman,*93 AD3d 805, 806 [2012]; *People v Maxwell,*89 AD3d at 1109; *People v Rohlehr,*87 AD3d 603, 604 [2011]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]). Angiolillo, J.P., Hall, Roman and Cohen, JJ., concur.