alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## State of N ew York Su p reme C ou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: March 19, 2015 519306

________________________________ In the Matter of the Claim of BRIAN O. JONES, Appellant. MEMORANDUM AND ORDER COMMISSIONER OF LABOR, Respondent.

________________________________ Calendar Date: January 20, 2015 Before: Lahtinen, J.P., Rose, Lynch and Clark, JJ.

__________ Brian O. Jones, New York City, appellant pro se. Eric T. Schneiderman, Attorney General, New York City (Dawn A. Foshee of counsel), for respondent.

__________ Appeal from a decision of the Unemployment Insurance Appeal Board, filed October 2, 2013, which ruled that claimant was disqualified from receiving unemployment insurance benefits because he voluntarily left his employment without good cause. Decision affirmed. No opinion. Lahtinen, J.P., Rose, Lynch and Clark, JJ., concur.-2- 519306

ORDERED that the decision is affirmed, without costs.

ENTER:

Robert D. Mayberger Clerk of the Court
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11853]



[[Page 23891]]

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,380]


L and L Products, Inc., Romeo, MI; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on February 25, 2009 in response to a 
petition filed on behalf of workers at L and L Products, Inc., Romeo, 
Michigan. The workers at the subject facility produce automotive 
sealants.
    The petitioners have requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed in Washington, DC, this 28th day of April 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-11853 Filed 5-20-09; 8:45 am]
BILLING CODE 4510-FN-P
#### Revels v. Miss Am. Org.

Case below: 182 N.C. App. 334

No. 189P06-2

Pit’s PDR Under N.C.G.S. § 7A-31 (COA06-477)

Denied 06/27/07
EXHIBIT 32.1

Certification 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)

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), I, Wm. Stacy Locke, President and Chief Executive Officer of Pioneer Drilling Company, a Texas corporation (the Company), hereby certify, to my knowledge, that:

(1) the Companys Quarterly Report on Form 10-Q for the quarter ended June 30, 2006 (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 3, 2006 |  | /s/ Wm. Stacy Locke                  
|                      |  | Wm. Stacy Locke                      
|                      |  | President and Chief Executive Officer
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 07-3358

___________ Frank E. Tappin; Perry Anthony Jr.; * Larry Bazzelle; Derrick S. Briggs; * Charles Anthony Dowd; Robert * Fleming; Morstine Harris; Henry * Lamar; Sigfrid Lewis; Ruth M. * Swanigan; Joe Lee Wright; * Ocie Robinson, *
* Plaintiffs – Appellants, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Tommy Goodwin, Col., in his official * capacity; Arkansas State Police * Department; State of Arkansas; * [UNPUBLISHED] Wayne Eddey, Capt., and his successors * in office, in his individual and official * capacity as Director of the Personnel * and Training Division of the Arkansas * State Police; John Gillespie, Chairman, * and his successor in office, in their * capacity as Commissioner of the * Arkansas State Police and as * representative of the Arkansas State * Police Commissioner; Billy Simpson, * Vice-Chairman, and his successor in * office, in their capacity as Commissioner* of the Arkansas State Police and as * representative of the Arkansas State *1 The Honorable Susan Webber Wright, Un ited States District Judge for the Eastern District of Arkansas.
-2- Police Commissioner; Arkansas State * Police Commission, * * Defendants – Appellees. *

___________ Submitted: September 26, 2008 Filed: October 7, 2008

___________ Before MURPHY, BOWMAN, and BENTON, Circuit Judges.

___________
PER CURIAM.

African American class members moved inthe district court for an additional award of attorney fees under a 1995 settle ment agreement in their discrimination action against the Arkansas State Poli ce Department. The district court 1 denied the motion, and we review its order for abuse of discretion. Arnold v. Nursing & Rehab. Ctr. at Good Shepherd, LLC , 471 F.3d 843, 847 (8th Cir. 2006). Its interpretation of the settlement agreement is reviewed de novo. Gilbert v. Monsanto Co. , 216 F.3d 695, 700 (8th Cir. 2000).
The 1995 settlement agreement provided an initial fee award of $100,000 for the class attorneys, as well as additional fees "if the plaintiffs obtain relief for a breach of this agreement." The agr eement also specified that the "[e]mployer is not liable for any other fees and costs of the class, unless it breaches this Settlement Agreement." The district court determined on March 28, 2007 that the Arkansas State Police-3- Department had satisfied its obligations under the agreement, terminated court supervision of the department, and denied as moot a class motion to extend and enforce the agreement. The district cour t later denied a request by the class for an additional $203,500 in attorney fees for its efforts to ensure compliance with the agreement, pointing out that the settlement agreement unambiguously permitted additional fees only if the agreement werebreached and a court awarded relief based on it.

We conclude that the district court di d not abuse its discretion in declining to award attorney fees under the agreement si nce the class did not show that it had obtained relief for any breach of it. The or der of the district court is affirmed.

_____________________________
#### State v. Christian

Case below: 178 N.C. App. 562

No. 428P06

1. Defs NOA Based Upon a Constitutional Question (COA05-958)

2. AG’s Motion to Dismiss Appeal

3. Def’s PDR Under N.C.G.S. § 7A-31

1. _

2. Allowed 03/08/07

3. Denied 03/08/07
[Federal Register Volume 74, Number 98 (Friday, May 22, 2009)]
[Notices]
[Page 24051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11979]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 11752 and <greek-i> 11753]


West Virginia Disaster <greek-i>WV-00013

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of West Virginia 
(FEMA-1838-DR), dated 05/15/2009.
    Incident: Severe storms, flooding, mudslides, and landslides.
    Incident Period: 05/03/2009 and continuing.
    Effective Date: 05/15/2009.
    Physical Loan Application Deadline Date: 07/14/2009.
    Economic Injury (EIDL) Loan Application Deadline Date: 02/15/2010.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of 
the President's major disaster declaration on 05/15/2009, Private Non-
Profit organizations that provide essential services of governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties:
    Mingo, Wyoming.
    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
Other (Including Non-Profit Organizations) With Credit            4.500.
 Available Elsewhere.........................................
Businesses and Non-Profit Organizations Without Credit            4.000.
 Available Elsewhere.........................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 117526 
and for economic injury is 117536.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Roger B. Garland,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E9-11979 Filed 5-21-09; 8:45 am]
BILLING CODE 8025-01-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 6616 ]

Pursuant to section 40A of the Arms Export Control Act (22 U.S.C. 2781), and Executive Order 11958, as amended, I hereby determine and certify to the Congress that the following countries are not cooperating fully with United States antiterrorism efforts: Cuba, Eritrea, Iran, Democratic People's Republic of Korea (DPRK, or North Korea), Syria, Venezuela.

                    This determination and certification shall be transmitted to the Congress and published in the                     **Federal Register.**

Dated: May 8, 2009.

James B. Steinberg,

Deputy Secretary of States, Department of State.

[FR Doc. E9-11545 Filed 5-15-09; 8:45 am]

BILLING CODE 4710-10-P
* 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. 01-50977

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

OSCAR RAMIREZ-FERNANDEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. DR-01-CR-284-ALL-WWJ

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

April 11, 2002

Before SMITH, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

Oscar Ramirez-Fernandez appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation in violation of 8 U.S.C. § 1326. 

Ramirez-Fernandez contends that 8 U.S.C. § 1326(a) and 8 U.S.C.

§ 1326(b)(2) define separate offenses. He argues that the

aggravated felony conviction that resulted in his increased

sentence is an element of the offense under 8 U.S.C. § 1326(b)(2)

that should have been alleged in his indictment. RamirezFernandez maintains that he pleaded guilty to an indictment which
No. 01-50977 

-2-

charged only simple reentry under 8 U.S.C. § 1326(a). He argues

that his sentence exceeds the two-year maximum term of

imprisonment which may be imposed for that offense. 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Ramirez-Fernandez acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000), cert. denied, 531 U.S. 1202 (2001). This court

must follow Almendarez-Torres “unless and until the Supreme Court

itself determines to overrule it.” Dabeit, 231 F.3d at 984

(internal quotation marks and citation omitted). The judgment of

the district court is AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that the judgment of the district court be affirmed and that an

appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
#### The People of the State of New York ex rel. Robert C. Hinton, Jr., Appellant, v Harold Graham, Superintendent, Auburn Correctional Facility, Respondent.

Submitted November 23, 2009;

decided January 19, 2010

Reported below, 66 AD3d 1402, 1403.

Motion, insofar as it seeks leave to appeal from the Appellate Division order of affirmance, denied; motion, insofar as it seeks leave to appeal from the Appellate Division order dismissing the appeal from Supreme Court’s order denying a motion for reconsideration, dismissed upon the ground that such order does not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief etc. dismissed as academic.

Judge Pigott taking no part.
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, 2008, 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.














January 19, 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>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
QUARTERLY  REPORT ON FORM 10-QSB FOR FIRSTMARK  CORP.  FOR THE PERIOD ENDED JUNE
30,  1999 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                           5,202,908
<SECURITIES>                                        59,142
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         0
<PP&E>                                              19,126
<DEPRECIATION>                                       8,904
<TOTAL-ASSETS>                                   6,549,216
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                         11,400
<COMMON>                                         1,100,286
<OTHER-SE>                                       4,761,598
<TOTAL-LIABILITY-AND-EQUITY>                     6,549,216
<SALES>                                                  0
<TOTAL-REVENUES>                                    76,290
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                   767,126
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   8,995
<INCOME-PRETAX>                                   (699,831)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (699,831)
<DISCONTINUED>                                      75,478
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (624,353)
<EPS-BASIC>                                        (0.14)
<EPS-DILUTED>                                        (0.14)



</TABLE>
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 AFP Imaging Corporation
(the "Company") for the quarter ended September 30, 2004, (the "Report"), I
Elise Nissen, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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/_____________
Elise Nissen,
Chief Financial Officer
November 15, 2004



                                       18
Exhibit 10.10


CONFIDENTIAL


AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT


                    This
Amendment No. 1 (the “Amendment”) is dated as of January 1, 2007 by and among 1st
United Bancorp, Inc. (the “Company”), 1st United Bank (the “Bank”)
and Rudy Schupp (the “Executive”).


W I T N
E S S E T H:


                    WHEREAS,
the Company, the Bank and the Executive entered into an Employment Agreement
dated March 4, 2004 (the “Agreement”), and the parties desire to amend the
Agreement; and


                    NOW,
THEREFORE, in consideration of the Executive’s employment and the mutual
covenants herein contained, the Company, the Bank and the Executive hereby
agree that the terms of the Agreement are hereby modified and, to the extent
inconsistent with the terms of the Agreement, superseded as follows. All other
provisions of the Agreement remain as described in the Agreement. All
capitalized terms not defined herein shall have the meanings ascribed to them
in the Agreement.


	
  

 	
  

 
	
  

 	
 The initial
 sentence of Section 5(a) of the Agreement shall be replaced in its entirety
 by the following:

 
	
  

 	
  

 
	
  

 	
 The
 Executive shall be granted by the Company, pursuant to terms as contained in
 stock option agreements, stock options in an amount equal to three and
 one-third percent (3.33%) of the issued and outstanding common stock of the
 Company from time to time (not including any common stock outstanding as a
 result of the exercise by the Executive of options granted to him. Any
 options issued under this provision on or after January 1, 2007 shall vest
 and become exercisable in five (5) equal increments on the 12, 24, 36, 48 and
 60 month anniversaries after the date of grant; provided, however,
 that notwithstanding any other provision in the Agreement to the contrary, in
 the event (i) the Executive is terminated by the Company not for “cause” as
 defined in Section 10(a)(i) of the Agreement, (ii) of a Change of Control,
 (iii) of the death of the Executive, or (iv) of the Disability of the
 Executive, then any unvested outstanding options granted under this provision
 upon the date of one of these events shall become immediately vested and
 exercisable upon such date.

 



IN WITNESS WHEREOF, the Company and the Bank have caused
this Agreement to be executed and the Executive has hereunto set his hand, all
as of the day and year first above written.


	
  

 	
  

 	
  

 
	
 1st
 UNITED BANCORP, INC.

 	
  

 
	
  

 	
  

 
	
 By: 

 	
 /s/ Warren
 S. Orlando

 	
  

 
	
  

 	
 



 	
  

 
	
 Name: Warren
 S. Orlando

 	
  

 
	
 Title:
 Chairman

 	
  

 
	
  

 	
  

 
	
 1st
 UNITED BANK

 	
  

 
	
  

 	
  

 
	
 By:

 	
 /s/ Warren
 S. Orlando

 	
  

 
	
  

 	
 



 	
  

 
	
 Name: Warren
 S. Orlando

 	
  

 
	
 Title: Chairman

 	
  

 
	
  

 	
  

 
	
 EXECUTIVE:

 	
  

 
	
  

 	
  

 
	
 /s/ Rudy
 Schupp

 	
  

 
	
 



 	
  

 
	
 Rudy Schupp
#### State v. Bullock

Case below: 178 N.C. App. 234

No. 020P06-3

Def’s PDR Under N.C.G.S. § 7A-31 (COA05-743)

Denied 12/14/06
#### McClennahan v. N.C. School of the Arts

Case below: 177 N.C. App. 806

No. 339P06

1. Defendant-Appellants’ Motion for Temporary Stay (COA05-790)

2. Defendant-Appellant’s Petition for Writ of Supersedeas Under Rule 23

3. Def’s PDR Under N.C.G.S. § 7A-31

1. Allowed 360 N.C. 535

Stay Dissolved 01/25/07

2. Denied 01/25/07

3. Denied 01/25/07