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

**First District of Texas**

BILL OF COSTS

No. 01

- 14

- 00975

- CV

James Fails

v

.

Bernice Yost Special Conservator for Georgia Cox

NO. 412,338

- 401 IN THE PROBATE COURT NO 3 OF HARRIS C OUNTY

TYPE OF FEE CHARGES PAID/DUE STATUS PAID BY

MT FE E

SUPP CLK RECORD

MT FEE
STATEWIDE EFILING

FILING

RPT RECORD

CLK RECORD $10.00 $42.00 $10.00 $20.00 $175.00 $310.00 $24.00 02/18/2015

02/17/2015

01/23/2015

12/22/2014

12/22/2014

12/15/2014

12/15/2014 E

- PAID

P AID

E

- PAID

PAID

PAID

PAID

PAID ANT

ANT

APE

ANT

ANT

ANT

ANT 

### The costs incurred on appeal to the First Court of Appeals Houston, Texas are $59 1 .00.

Court costs in this case have been taxed in this Court’s judgment

I, Christopher A. Prin e , Clerk o f the Court of Appeals for the First District of Texas, do hereby certify that this is a true statement of the costs of appeal in this case.

IN TESTIMONY WHEREOF, witness my
hand and the seal of the Court of Appeals for the
First District of Tex as, this July 31 , 2015

.
<PAGE>



                                                                    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 Composite Technology Corporation Quarterly Report on Form
10-QSB for the  quarter  ended June 30,  2004 as filed with the  Securities  and
Exchange  Commission  on the date hereof (the  "Report"),  I, Benton H Wilcoxon,
Chief  Executive  Officer and acting  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, to the best of my knowledge:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, 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  required by Section 906,  another
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 Composite  Technology  Corporation
and will be retained by Composite  Technology  Corporation  and furnished to the
Securities and Exchange Commission or its staff upon request.


/s/ Benton H Wilcoxon
---------------------------------
Benton H Wilcoxon
Chief Executive Officer & Acting Chief Financial Officer
(Principal Executive & Financial Officer)
HR-2015.06.30-EX 10.3


Exhibit 10.3




AMENDMENT NO. 1 TO HEALTHCARE REALTY TRUST INCORPORATED
2015 STOCK INCENTIVE PLAN


This Amendment No. 1 to the Healthcare Realty Trust Incorporated 2015 Stock Incentive Plan (this “Amendment”) is entered into effective August 4, 2015 by the Compensation Committee (the “Committee”) of the Board of Directors of Healthcare Realty Trust Incorporated (the “Company”).


RECITALS:


WHEREAS, on May 12, 2015, the Company’s shareholders approved the Healthcare Realty Trust Incorporated 2015 Stock Incentive Plan (the “2015 Plan”);


WHEREAS, in designing the 2015 Plan, the Committee did not intend to include stock options or stock appreciation rights (“SARs”) as forms of awards that could be granted under the 2015 Plan; and


WHEREAS, there is language in the 2015 Plan regarding prohibitions on repricing that could be construed to reference stock options or SARs and the Committee desires to delete such language to clarify that neither stock options nor SARs will be granted under the 2015 Plan. 


AMENDMENT:


		
	1.
	Defined Terms. Capitalized terms used herein but not defined shall have the meanings attributed to such terms in 2015 Plan.




		
	2.
	Amendment. The 2015 Plan is hereby amended as follows:




		
	(a)
	Section 3.2 of the 2015 Plan is hereby amended by deleting the parenthetical phrase “(subject to the no repricing provision below)” from subsections g and j. 


 
		
	(b)
	Section 5.1 of the 2015 Plan is hereby amended by deleting the parenthetical phrase “(subject, in each case, to the no repricing provisions of Section 3.2)”. 




		
	(c)
	Section 5.1.1 of the 2015 Plan is hereby amended by: (i) deleting the phrase “, or similar rights to purchase or acquire shares, whether at a fixed or variable price or ratio related to the Common Stock, upon passage of time, the occurrence of one or more events, or the satisfaction of performance criteria or other conditions, or any combination thereof”; and (ii) restating subpart (a) to read as follows: “(a) restricted stock having a minimum vesting period of one year from the date of grant, stock bonuses, performance stock, stock units, restricted stock units, and/or dividend equivalents;”.  




		
	3.
	Reaffirmation. All other terms and conditions of the 2015 Plan are herein reaffirmed in their entirety. 




[signatures follow]


IN WITNESS WHEREOF, Healthcare Realty Trust Incorporated has caused this Amendment to be executed this 4th day of August, 2015.




HEALTHCARE REALTY TRUST INCORPORATED




__/s/ Andrew E. Loope____________________
Andrew E. Loope
Senior Vice President and Corporate Counsel
[971 NYS2d 920]

#### In the Matter of Thomas G. Smith, a Suspended Attorney, Respondent. Grievance Committee of the Fifth Judicial District, Petitioner.

Fourth Department,

September 27, 2013

APPEARANCES OF COUNSEL

*Anthony J. Gigliotti, Principal Counsel, Fifth Judicial District Grievance Committee,*Syracuse, for petitioner.

*106
      *Emil M. Rossi,*Syracuse, for respondent.

OPINION OF THE COURT

Per Curiam.

Respondent was admitted to the practice of law by the Third Department on January 23, 1990. On October 16, 2012, he was convicted upon his plea of guilty in Lysander Town Court of sexual abuse in the second degree (Penal Law § 130.60 [2]), a class A misdemeanor, after admitting that he had engaged in sexual contact with a person who was less than 14 years old. On December 18, 2012, respondent was sentenced in Town Court to a six-year term of probation and was adjudicated a level one risk pursuant to the Sex Offender Registration Act (Correction Law § 168 *et seq.).*

By order entered February 27, 2013, this Court granted the motion of the Grievance Committee pursuant to 22 NYCRR 1022.20 (e) for an order suspending respondent on the ground that he had committed misconduct immediately threatening the public interest. In June 2013, the Grievance Committee filed a petition charging respondent with professional misconduct based upon the conduct underlying his conviction. Respondent filed an answer admitting the material allegations of the petition, and he appeared before this Court and submitted matters in mitigation.

We conclude that respondent has violated rule 8.4 (b) of the Rules of Professional Conduct (22 NYCRR 1200.0), by engaging in illegal conduct that adversely reflects on his honesty, trustworthiness or fitness as a lawyer.

We have considered, in determining an appropriate sanction, the serious nature of the misconduct that gave rise to respondent’s conviction. We have additionally considered the matters submitted by respondent in mitigation, including his unblemished record, the aberrational nature of the misconduct, and his expression of extreme remorse, which we find to be sincere. We have further considered that respondent has sought mental health treatment and counseling to address the issues that gave rise to his conviction.

Accordingly, after consideration of all of the factors in this matter, we conclude that respondent should be suspended from the practice of law for three years, effective February 27, 2013, or until the termination of his term of probation, whichever period is longer, and until further order of this Court.

Smith, J.P, Fahey, Carni, Sconiers and Valentino, JJ., concur.

*107Final order of suspension entered.
**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**

 

Inconnection with the Annual Report of Chemtura Corporation (the “Company”) on Form 10-Kfor the period ending December 31, 2009 (the “Report”), I, Craig A.Rogerson, Chairman, President and Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that, to my knowledge:

 

(1)           The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/  Craig A. Rogerson                      |   |
|---------------------------------------------|--------|
| Craig  A. Rogerson                          |   |
| Chairman,  President and                    |   |
| Chief  Executive Officer                    |   |
|                                        |   |
| Date:   March 12,  2010 |   |

 

 

Thiswritten statement accompanies the Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by theSarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18of the Securities Exchange Act of 1934.

 

Asigned original of this written statement required by Section 906 has beenprovided to the Company and will be retained by the Company and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
Exhibit 32.3

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 BFC Financial
Corporation (the Company) for the quarter ended June 30, 2012, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Maria R. Scheker, Chief Accounting 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/ Maria R. Scheker    
|Name:  |  | Maria R. Scheker        
|Title: |  | Chief Accounting Officer
|Date:  |  | August 14, 2012
<PAGE>   1
                                                                    EXHIBIT 11.1


                    FIDUCIARY CAPITAL PENSION PARTNERS, L.P.


                        STATEMENTS OF COMPUTATION OF NET
                          INVESTMENT INCOME PER LIMITED
                                PARTNERSHIP UNIT


<TABLE>
<CAPTION>
                                             For the Three Months           For the Nine Months
                                             Ended September 30,            Ended September 30,
                                             -------------------            -------------------
                                              2000         1999              2000         1999
                                              ----         ----              ----         ----
<S>                                        <C>           <C>              <C>           <C>
Net Investment Loss                        $ (65,311)    $(126,984)       $(190,706)    $(180,511)

Percentage Allocable to Limited Partners         100%          100%             100%          100%
                                           ---------     ---------        ---------     ---------

Net Investment Loss Allocable
   to Limited Partners                     $ (65,311)    $(126,984)       $(190,706)    $(180,511)
                                           =========     =========        =========     =========

Weighted Average Number of Limited
   Partnership Units Outstanding             869,796       940,336          869,796       940,336
                                           =========     =========        =========     =========

Net Investment Loss Per Limited
   Partnership Unit                        $    (.08)    $    (.14)       $    (.22)    $    (.19)
                                           =========     =========        =========     =========
</TABLE>
EXHIBIT 32.1





CERTIFICATION OF CHIEF EXECUTIVE OFFICER





Pursuant to


18 U.S.C. Section 1350,


As Adopted pursuant to


Section 906 of the Sarbanes-Oxley Act of 2002





I, Zeynep Hakimoglu, certify, to my best knowledge and belief, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of ClearOne Communications, Inc. on Form 10-Q for the quarter ended March 31, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of ClearOne Communications, Inc.











Date:  May 17, 2010
By:
/s/ Zeynep HakimogluZeynep HakimogluChief Executive Officer
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 01-3675

___________ Joyce M. Clinkscale, * * Appellant, * Appeal from the United States * District Court for the v. * Western District of Missouri. * JoAnne B. Barnhart, Commissioner of * [UNPUBLISHED] Social Security Administration, * * Appellee. *

___________ Submitted: April 22, 2002 Filed: April 29, 2002

___________ Before LOKEN, BEAM, and RILEY, Circuit Judges.

___________ PER CURIAM. Joyce M. Clinkscale applied for Social Security disability insurance benefits, alleging disability since September 1997 from carpal tunnel syndrome surgery; severe pain in her hands, wrists, arms, shoulders, neck, and chest; finger numbness; and wrist swelling. After two administrative hearings, an administrative law judge (ALJ) denied her application, finding that Clinkscale could not perform her past relevant work but could perform jobs a vocational expert (VE) identified in response to the1 The HONORABLE WILLIAM A. KNOX, United States Magistrate Judge for the Western District of Missouri. -2- ALJ’s work hypothetical. Clinkscale appeals the district court’s 1 order affirming the denial of benefits. After careful review, we conclude that substantial evidence in the administrative record supports the Commissioner’s decision and therefore affirm. See Roberts v. Apfel , 222 F.3d 466, 468 (8th Cir. 2000) (standard of review). Clinkscale argues the ALJ ignored evidence of fibromyalgia. We disagree. The ALJ included fibromyalgia as one of her severe impairments, and the medical evidence did not establish that the condition was disabling. Clinkscale further argues the ALJ failed to consider each of the factors listed in Polaski v. Heckler , 739 F.2d 1320, 1322 (8th Cir. 1984). The ALJ need not methodically discuss each Polaksi factor, however, as long as the factors are acknowledged and examined. See Lowe v. Apfel , 226 F.3d 969, 972 (8th Cir. 2000). The ALJ’s credibility findings were adequately explained and supported. Finally, Clinkscale challenges the ALJ’s residual-functional-capacity (RFC) findings and his hypothetical to the VE. The RFC findings were consistent with limitations recommended by an occupational health physician and a rehabilitation specialist, respectively. SeeAnderson v. Shalala , 51 F.3d 777, 779 (8th Cir. 1995). The ALJ’s hypothetical properly included the impairments that were supported by substantial evidence and accepted as true by ALJ, see Hunt v. Massanari , 250 F.3d 622, 625 (8th Cir. 2001), and the VE’s response provided substantial evidence that Clinkscale was not disabled, see Haggard v. Apfel , 175 F.3d 591, 595 (8th Cir. 1999). Accordingly, we affirm. A true copy.
Attest: CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-1849

FRANCISCO K. AVOKI,

Plaintiff - Appellant,

v.

CAROLINAS TELCO FEDERAL CREDIT UNION; DOES I-XXX,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, 

at Charlotte. Graham C. Mullen, Senior District Judge. (3:17-cv-00746-GCM)

Submitted: December 18, 2018 Decided: December 20, 2018

Before AGEE, THACKER, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Francisco Avoki, Appellant Pro Se. James M. Dedman, IV, GALLIVAN, WHITE & 

BOYD, PA, Charlotte, North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Francisco K. Avoki appeals the district court’s order granting the Fed. R. Civ. P. 

12(b)(6) motion to dismiss filed by Defendant Carolinas Telco Federal Credit Union and 

dismissing Avoki’s civil action. We have reviewed the record and find no reversible 

error. Accordingly, we affirm for the reasons stated by the district court. See Avoki v. 

Carolinas Telco Fed. Credit Union, No. 3:17-cv-00746-GCM (W.D.N.C. July 24, 2018). 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process.

AFFIRMED
No. 3 12A19 TENTH JUDICIAL DISTRICT

SUPREME COURT OF NORTH CAROLINA

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

NHUNG HA and NHIEM

TRAN

v.

NATIONWIDE GENERAL

INSURANCE COMPANY )

)

)

)

)

)

)

)

) From Wake County

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

ORDER

The Court of Appeals’ judgment in this case is vacated and the matter is

remanded . On remand to the Court of Appeals, that court is to determine whether

Article 41, Article 36 or other statutes govern in this matter. The Court of Appeals

may remand th is matter to the trial court for further proceedings if necessary

.

By order of the Court in Conference , this the 14 th day of August

, 20 20

.

s/Davis, J.

For the Court

WITNESS my hand and the seal of the Supreme Cour t of North Carolina, this

the 14 th day of August

, 20 20

.

AMY L. FUNDERBURK

Clerk of the Supreme Court of North Carolina

s/Amy L. Funderburk

Assistant Clerk
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 14

- 00238

- CR

Gary Allen Haney a/k/a Gary Dale

Hooper

v.

The State of Texas §

§

§

§

§ From the 355th District Court

of Hood County (CR12616)

May 28, 2015

Per Curiam

(nfp)



### JUDGMENT

This court has considered the record on appeal in this case and holds that

there was error in part of the trial court’s judgment. The judgment is modified to

delete the restitution award ; the order to withdraw funds is modified to delete

restitution of $140 and a restitution fee of $12 from the total cost figure of $566,

thereby reducing the total cost amount to $414; and we order the district clerk to

delete the $12 restitution fee from the bill of costs, which will also reduc e the total

costs in that document to $414. It is ordered that the judgment of the trial court is

affirmed as modified.

SECOND DISTRICT COURT OF APPEALS

PER CURIAM
#### Roberto GARCIA, Petitioner, v. DEPARTMENT OF JUSTICE, Respondent.

No. 2006-3384.

United States Court of Appeals, Federal Circuit.

Dec. 11, 2007.

*ORDER*

Upon consideration of Roberto Garcia’s unopposed motion to dismiss this petition for review,

IT IS ORDERED THAT:

(1) The motion is granted.

(2) All sides shall bear their own costs.
I 

118TH CONGRESS 

1ST SESSION H. R. 1974 

To provide for a limitation on availability of funds for Department of Health 

and Human Services, Centers for Disease Control and Prevention-Wide 

Activities and Program Support 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 Energy and Commerce 

A BILL 

To provide for a limitation on availability of funds for Department of Health and Human Services, Centers for 

Disease Control and Prevention-Wide Activities and Program Support 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, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1974 IH

1 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

2 DEPARTMENT OF HEALTH AND HUMAN SERV3 ICES, CENTERS FOR DISEASE CONTROL AND 

4 PREVENTION-WIDE ACTIVITIES AND PRO5 GRAM SUPPORT FOR FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for Department of Health and Human Services, Cen9 ters for Disease Control and Prevention-Wide Activities 

10 and Program Support for fiscal year 2024 may not exceed 

11 $163,570,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<PAGE>

                                                                    EXHIBIT 32.1


                            SUPERIOR GALLERIES, INC.

                        2004 Annual Report on Form 10-KSB


                            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 Superior Galleries, Inc. (the
"Company") on Form 10-KSB for the fiscal year ended June 30, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Silvano DiGenova, 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 to the best of my 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.


                                  /s/ Silvano DiGenova
                                  -----------------------------------------
                                  Silvano DiGenova, Chief Executive Officer
                                  March 4, 2005


         A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished
to the Securities and Exchange Commission or its staff upon request.

         This certification accompanies this Report pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and
are not to be incorporated by reference into the Report or any other filing of
the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.