alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
P ursuant to Local Rule 47.5, the Court has determined t hat

this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________
No. 95-60654

__________________

FRANKIE ASHBY,

Plaintiff-Appellant,

versus

JIM WITT,

Defendant-Appellee.

______________________________________________ Appeal from the United States District Court for the

Northern District of Mississippi

(1:95CV61-D-D)

______________________________________________

April 9, 1996

Before REAVLEY, GARWOOD and JOLLY, Circuit Judges.

PER CURIAM: *

The dismissal of the section 1983 complaint is affirmed.

Among other things, there is no liberty or property interest in

having a Mississippi Chan cery Court clerk enter an interlocutory

default as required by Mississippi rules, and, even if there were,

there is no deprivation of due process because there are adequate

procedures available (thoug h not availed of here), including a

resort to the judge of the court in question, to remedy the clerk’s

failure to enter interlocutory default. See, e.g., Chassaniol v.

Bank of Kilmichael , 626 So.2d 127, 132 (Miss. 1963).

AFFIRMED
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##### 



Exhibit 13.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350
  (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.
  /s/ Yvan GingrasName: Yvan GingrasTitle: Executive Vice President, Finance andOperations, and Chief Financial Officer
 The
foregoing certification is being furnished solely pursuant to section
906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code) and is not
being filed as part of the Report or as a separate disclosure
document.
EXHIBIT 21.1



Subsidiaries of the Registrant



The Registrant has the following subsidiaries, which except as indicated, do business under their legal names:



|                                                                                |  |                                    
|------------------------------------------------------------------------------- |  | -----------------------------------
|NAME                                                                            |  | PLACE OF INCORPORATION/ORGANIZATION
|Ambulatory Infusion Therapy Specialist, Inc.                                    |  | Texas                              
|Dallas Nevada, Inc.                                                             |  | Nevada                             
|DeAn Joint Venture                                                              |  | China                              
|Doctors Practice Management, Inc.                                               |  | Texas                              
|DPM II, Inc.                                                                    |  | Texas                              
|Pasadena Nevada, Inc.                                                           |  | Nevada                             
|Surgi+ Group, Inc.                                                              |  | Texas                              
|Vista Community Medical Center, LLP d/b/a Vista Medical Center Hospital         |  | Texas                              
|Vista Dallas, LLC                                                               |  | Texas                              
|Vista Healthcare, Inc.                                                          |  | Texas                              
|Vista Holdings, LLC                                                             |  | Louisiana                          
|Vista Hospital of Baton Rouge, LLC d/b/a Vista Surgical Hospital of Baton Rouge |  | Louisiana                          
|Vista Hospital of Dallas, LLP d/b/a Vista Hospital of Dallas                    |  | Texas                              
|Vista Land and Equipment, LLC                                                   |  | Texas                              
|Vista Medical Management, LLC                                                   |  | Louisiana                          
|Vista Surgical Center West, LLC                                                 |  | Texas
##### 



Exhibit 13.2
 Certification of the Principal Financial Officer of
Videotron Ltd.
pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002
  (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.
  /s/ Yvan GingrasName:
    Yvan GingrasTitle:
    Executive Vice President, Finance and Operations, and Chief Financial Officer The foregoing certification is being furnished solely pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United
States Code) and is not being filed as part of the Report or as a separate disclosure document.
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 Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending September 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Charles L. Gamber, 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 result of operations of the Company.














March 4, 2011
By:
/s/ Charles L. GamberCharles L.Gamber, Chief Executive Officer


A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE CONDENSED
CONSOLIDATED BALANCE SHEET AND STATEMENT OF INCOME AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-01-2000
<PERIOD-END>                               APR-03-1999
<CASH>                                             371
<SECURITIES>                                     3,633<F1>
<RECEIVABLES>                                   17,808
<ALLOWANCES>                                       965
<INVENTORY>                                      5,177
<CURRENT-ASSETS>                                27,769
<PP&E>                                          11,428
<DEPRECIATION>                                   5,162
<TOTAL-ASSETS>                                  36,090
<CURRENT-LIABILITIES>                           12,716
<BONDS>                                         13,457
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           323
<OTHER-SE>                                       5,780
<TOTAL-LIABILITY-AND-EQUITY>                    36,090
<SALES>                                          7,909
<TOTAL-REVENUES>                                 9,037
<CGS>                                            6,035
<TOTAL-COSTS>                                    6,035
<OTHER-EXPENSES>                                 2,132<F2>
<LOSS-PROVISION>                                   291
<INTEREST-EXPENSE>                                 334
<INCOME-PRETAX>                                    245
<INCOME-TAX>                                        92
<INCOME-CONTINUING>                                146
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       146
<EPS-PRIMARY>                                      .38<F3>
<EPS-DILUTED>                                      .38
<FN>
<F1>Represents retained interest in transferred credit card receivables
<F2>Represents the sum of selling and administrative expense, and depreciation and
amortization expense
<F3>Represents basic earnings per share
</FN>
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                     5
       
<S>                           <C>
<PERIOD-TYPE>                 9-mos
<FISCAL-YEAR-END>             Dec-31-1996
<PERIOD-END>                  Sep-30-1996
<CASH>                        1,918,813
<SECURITIES>                  0
<RECEIVABLES>                 0
<ALLOWANCES>                  0
<INVENTORY>                   0
<CURRENT-ASSETS>              0
<PP&E>                        23,357,930
<DEPRECIATION>                10,123,629
<TOTAL-ASSETS>                15,360,879
<CURRENT-LIABILITIES>         563,674
<BONDS>                       11,862,057
<COMMON>                      0
<PREFERRED-MANDATORY>         0
<PREFERRED>                   0
<OTHER-SE>                    2,935,148
<TOTAL-LIABILITY-AND-EQUITY>  15,360,879
<SALES>                       0
<TOTAL-REVENUES>              2,811,395
<CGS>                         0
<TOTAL-COSTS>                 1,348,754
<OTHER-EXPENSES>              825,024
<LOSS-PROVISION>              0
<INTEREST-EXPENSE>            755,936
<INCOME-PRETAX>               (118,319)
<INCOME-TAX>                  0
<INCOME-CONTINUING>           0
<DISCONTINUED>                0
<EXTRAORDINARY>               0
<CHANGES>                     0
<NET-INCOME>                  (118,319)
<EPS-PRIMARY>                 (1.50)
<EPS-DILUTED>                 (1.50)
        

</TABLE>
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

LINDA RENEE EVERETT, )

)

Appellant, )

)

v. ) Case No. 2D17-2838

)

CARL EDWARD EVERETT, JR., )

)

Appellee. )

)

Opinion filed April 24, 2019.

Appeal from the Circuit Court for 

Hillsborough County; Ralph C. Stoddard, 

Judge.

Ingrid Anderson, Esq., of Clearwater, for 

Appellant.

Elaine L. Thompson, Esq., of Tampa, for 

Appellee.

PER CURIAM.

Affirmed. 

LaROSE, C.J., and KHOUZAM and LUCAS, JJ., Concur.
Exhibit 32



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 Telos Corporation (the Company) on Form 10-Q for the period ending March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the report), we,
John B. Wood and Michele Nakazawa, Chief Executive Officer and Chief Financial Officer, respectively, of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to our
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.



May 16, 2005/s/ John B. WoodJohn B. WoodChief Executive Officer/s/ Michele NakazawaMichele NakazawaChief Financial Officer
<PAGE>


Exhibit 10.2



        To:  Tom Shull
        From: Charlie Messina
        Date: May 14, 2001


        Dear Tom,

        This is to confirm that you shall be granted a transaction bonus equal
        to 50% of your annualized base salary payable to you under the Services
        Agreement dated as of December 5, 2000, as amended, among Meridian
        Ventures, LLC, yourself and Hanover Direct, Inc. (the "Services
        Agreement") upon the occurrence of a Change of Control. "Change of
        Control" is defined in the Hanover Direct, Inc. Key Executive Eighteen
        Month Compensation Continuation Plan effective as of April 25, 2001, as
        amended (the "Plan"). For purposes of the benefits under the Plan and
        this letter agreement, the parties agree that your annualized base
        salary is $600,000. This bonus, payable in one lump sum on the date of
        closing of any transaction which constitutes a Change of Control, will
        be paid to you only if you are actively employed by the Company on the
        date the Change of Control occurs. Your voluntary termination or an
        involuntary termination for cause will cancel this obligation, the
        transaction bonus becoming null and void.

        This understanding does not effect any other provisions of the Services
        Agreement.

        Any dispute arising from this Agreement will be settled through binding
        arbitration, by an arbitrator mutually acceptable to the parties.

        HANOVER DIRECT, INC.                         Accepted by:

        By: /s/ Charles Messina                      /s/ Thomas C. Shull
            ------------------------------------     ---------------------------
            Charles Messina, Executive               Thomas C. Shull
                  Vice President
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MA RCH 14, 2014

NO. 03

- 11

- 00413

- CR

Kenneth Sashington, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 403RD DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, G OODWIN, AND FIELD

AFFIRMED

-- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgments of conviction entered by the tr i a l court on April 28

, 2011

.

Having reviewed the record and the parties’ arguments, th e Court holds that there was

no reversible error in the court’s judgments of conviction . Therefo re, the Court affirms the

trial court’s judgments of conviction

. Because appellant is indigent and unable to pay costs, no

adjudication of costs is made.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

VILLAGE OF SANDALWOOD LAKES SOUTH HOMEOWNERS 

ASSOCIATION, INC.,

Appellant,

v.

M JALL HOMES, LLC,

Appellee.

No. 4D20-1432

[May 27, 2021]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Howard K. Coates Jr., Judge; L.T. Case No. 

2019CA011006XXXXMB.

Diran V. Seropian of Shendell & Pollock, P.L., Boca Raton, for appellant.

Cory S. Carano of Cory S. Carano, P.A., Delray Beach, for appellee. 

PER CURIAM.

Affirmed.

LEVINE, C.J., MAY and FORST, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
#### UNITED STATES of America, Plaintiff-Appellee, v. Herbert WAKEFIELD, III, Defendant-Appellant.

No. 05-7094.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 29, 2006.

Decided: Oct. 31, 2006.

Herbert Wakefield, III, Appellant pro se. Isaac Louis Johnson, Jr., Office of the United States Attorney, Greenville, South Carolina, for Appellee.

Before WILLIAMS, KING, and DUNCAN, Circuit Judges.

Vacated and remanded by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Herbert Wakefield, III, appeals the district court’s order denying his motion filed under Fed.R.Crim.P. 41(g), seeking the return of currency that was seized from him during his arrest. Wakefield asserts that he is entitled to the return of the property and he was never notified of any proposed forfeiture of the money. We review the denial of a motion for the return of seized property for abuse of discretion. *United States v. Chambers,*192 F.3d 374, 376 (3d Cir.1999). A district court abuses its discretion if it fails or refuses to exercise its *303discretion, fails “adequately to take into account judicially recognized factors constraining its exercise” of discretion, or exercises its discretion based upon “erroneous factual or legal premises.” *James v. Jacobson,*6 F.3d 233, 239 (4th Cir.1993).

In the present case, the record contains only Wakefield’s motion, a notation on the docket sheet of the district court’s oral order denying that motion, Wakefield’s request for a statement of reasons for the decision, a docket sheet entry of the court’s oral order denying that request, and the notice of appeal. The district court’s orders do not express the reason for the denial of the motion for return of property. Because we cannot discern a basis for the decision on the sparse record before us, we are unable to determine whether the district court appropriately exercised its discretion. Accordingly, we vacate the district court’s order and remand for further proceedings. We deny Wakefield’s motion for appointment of counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*VACATED AND REMANDED*
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Page 23196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11505]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1835-DR; Docket ID FEMA-2008-0018]


Alabama; Amendment No. 2 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Alabama (FEMA-1835-DR), dated April 28, 2009, and 
related determinations.

DATES: Effective Date: May 4, 2009.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance 
Directorate, Federal Emergency Management Agency, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3886.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Alabama is hereby amended to include the following 
area among those areas determined to have been adversely affected by 
the event declared a major disaster by the President in his declaration 
of April 28, 2009.

    DeKalb County for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households in 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant)

Nancy Ward,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. E9-11505 Filed 5-15-09; 8:45 am]
BILLING CODE 9111-23-P
IN THE DISTRICT COURT OF APPEAL 

OF FLORIDA 

SECOND DISTRICT 

ANGEL MANUEL NIEVES, ) 

 ) 

 Appellant, ) 

 ) 

v. ) Case No. 2D08-3809 

 ) 

STATE OF FLORIDA, ) 

 ) 

 Appellee. ) 

___________________________________ ) 

Opinion filed October 30, 2015. 

Appeal from the Circuit Court for Lee 

County; Thomas S. Reese, Judge. 

Lee Hollander of Law Offices of Hollander 

and Hanuka, Naples, for Appellant. 

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Dawn A. Tiffin, Assistant 

Attorney General, Tampa, for Appellee. 

ON REMAND FROM THE SUPREME COURT OF FLORIDA 

PER CURIAM. 

Upon remand from the Florida Supreme Court, we reconsider Angel

Manuel Nieves' conviction for second-degree murder in light of the subsequent decision 

in Griffin v. State, 160 So. 3d 63 (Fla. 2015). In Griffin, the Florida Supreme Court 

clarified that "a sole defense of misidentification does not concede or fail to place in 

dispute intent or any other element of the crime charged except identity when the 

offense charged is an unlawful homicide." Id. at 67. Accordingly, the jury instruction for 
- 2 - 

manslaughter by act given in this case did indeed constitute fundamental error, and we 

must reverse and remand for a new trial. 

Reversed and remanded for new trial. 

WALLACE, KHOUZAM, and MORRIS, JJ., Concur.