alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-1390

ROBERT VAN BUREN, for himself and on behalf of all others similarly situated,

Plaintiff - Appellant,

v.

WALMART, INC., trading as Sam’s Club,

Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. 

Deborah K. Chasanow, Senior District Judge. (1:19-cv-00911-DKC)

Submitted: May 28, 2021 Decided: August 10, 2021

Before DIAZ, THACKER, and QUATTLEBAUM, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Scott C. Borison, BORISON FIRM, LLC, San Mateo, California; Robert Persante, 

PERSANTEZUROWESTE, P.A., Clearwater, Florida; Peter A. Holland, Emanwel J. 

Turnbull, THE HOLLAND LAW FIRM, P.C., Annapolis, Maryland, for Appellant. 

Dominic E. Draye, GREENBERG TRAURIG, LLP, Washington, D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Robert Van Buren, who brought the underlying action against Walmart, Inc., trading 

as Sam’s Club (“Walmart”), alleging claims under the Maryland Consumer Protection Act, 

Md. Code Ann., Com. Law §§ 13-101 to 13-501, and state law claims for negligent 

misrepresentation and fraud, appeals the district court’s order granting Walmart’s motion 

to dismiss. We have reviewed the record and conclude that Van Buren failed to adequately 

allege his claims. See Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009) (“[W]here the wellpleaded facts do not permit the court to infer more than the mere possibility of misconduct, 

the complaint has alleged—but it has not shown—that the pleader is entitled to relief.”

(brackets and internal quotation marks omitted); see also Francis v. Giacomelli, 588 F.3d 

186, 193 (4th Cir. 2009) (“[N]aked assertions of wrongdoing necessitate some factual 

enhancement within the complaint to cross the line between possibility and plausibility of 

entitlement to relief.” (internal quotation marks omitted)). 

We therefore affirm the district court’s order. See Van Buren v. Walmart, Inc., No. 

1:19-cv-00911-DKC (D. Md. Mar. 5, 2020). 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
#### Helen Skouras, Appellant, v Victoria Hall Condominium et al., Respondents.

Submitted October 25, 2010;

decided January 6, 2011

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to 18 U.S.C.
§1350, as adopted pursuant to

§906 of the Sarbanes-Oxley Act of 2002

In connection with the filing with the Securities and Exchange Commission of the Annual Report of Hemagen Diagnostics, Inc., the
Company, on Form 10-K for the period ending September 30, 2010, (the Report), I, Catherine M. Davidson, Principal 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 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 operation of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------

|                        |  |  |  |                                                   
|----------------------- |  |  |  | --------------------------------------------------
|                        |  | 
|Date: December 23, 2010 |  |  |  | /s/    CATHERINE M.
DAVIDSON                      
|                        |  |  |  | Catherine M. Davidson
 Principal 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 quarterly report of YoCream International, Inc. (the
Company) on Form 10-QSB for the period ended April 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
W. Douglas Caudell 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 result of operations of the
Company.


/s/ W. Douglas Caudell
----------------------
W. Douglas Caudell
Chief Financial Officer
YoCream International, Inc.

June 14, 2005

This certification is made solely for the purpose of 18 U.S.C. Section 1350,
and not for any other purpose.  A signed original of this written statement
required by Section 906 has been provided to YoCream International, Inc. and
will be retained by YoCream International, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
EX-10.8 DIRECTOR COMPENSATIN SUMMARY



 





Exhibit 10.8




AGCO CORPORATION DIRECTOR COMPENSATION

FOR NON-EMPLOYEE DIRECTORS

(As of December 5, 2007)




	 	 	 	 	 
	RETAINERS (1)
	 	 	 	 
	 
	 	 	 	 
	Annual Lead Director Retainer (paid only to Lead Director):
	 	$	25,000	 
	 
	 	 	 	 
	Annual Director Base Retainer (applies to all directors):
	 	$	40,000	 
	 
	 	 	 	 
	Annual Committee Chairperson Retainer (except Audit Committee Chair):
	 	$	10,000	 
	 
	 	 	 	 
	Annual Audit Committee Chairperson:
	 	$	15,000	 
	 
	 	 	 	 
	Annual Committee Member Retainer:
	 	$	5,000	 
	 
	 	 	 	 
	MEETING FEES
	 	 	 	 
	 
	 	 	 	 
	Board Meeting Attendance:
	 	$	2,000	 
	 
	 	 	 	 
	Committee Meeting Attendance:
	 	 	 	 
	Chairperson:
	 	$	1,500	 
	Members:
	 	$	1,000	 
	 
	 	 	 	 
	Telephone Meeting Participation:
	 	 	 	 
	Chairperson:
	 	$	1,000	 
	Members:
	 	$	500	 
	 
	 	 	 	 
	ADDITIONAL COMPENSATION
	 	 	 	 
	 
	 	 	 	 
	Annual AGCO Stock Grant Award (2)
	 	$	75,000	 





In addition, the Company will reimburse directors for the reasonable out-of-pocket expense incurred
in the attendance of the meetings.




 









 








Notes:





	 	1	 	Payment of annual retainers are made in accordance with the following provisions:






	 	(i)	 	Annual retainers are paid quarterly in four installments (for ease of
calculation purposes quarters are divided into 90 days with a 360 day year).
	 
	 	(ii)	 	Annual retainers accrue as of the first day of each calendar quarter
based on the Board and Committee Membership Roster in effect on that date.
	 
	 	(iii)	 	Annual Retainers are paid in advance during the first month of the
given calendar quarter (e.g., January for the first quarter).
	 
	 	(iv)	 	Changes to Board and Committee Memberships (including chairpersons)
will be reviewed and adjustments made to the current quarters retainer amounts (up
or down).
	 
	 	(v)	 	Any changes in the retainer amounts due for the current quarter will
be reflected in the ensuing quarters retainer payment.






	 	2	 	Terms applicable to the Stock Grant Award are defined in the Plan Document.
The stock grant equivalent to $75,000 is based on closing price on
the day of the annual shareholders meeting.
##### 



EXHIBIT 21

LIST OF SUBSIDIARIES OF
ACTION PERFORMANCE COMPANIES, INC.
(as of December 1, 2003)

|                                                  |  |                 
|------------------------------------------------- |  | ----------------
|                                                  |  | State or Country
|                                                  |  | of Incorporation
|Name of Subsidiary                                |  | or Organization 
|                                                  |  |                 
|Action Corporate Services, Inc.                   |  | Arizona         
|Action-Jumpstart, L.L.C. (9)                      |  | Arizona         
|Action Performance Holding GmbH                   |  | Germany         
|Action Racing Collectables, Inc.                  |  | Arizona         
|Action Sports Image, L.L.C                        |  | Arizona         
|APC Europe GmbH (1)                               |  | Germany         
|APC Minichamps GmbH (1)
Action-McFarlane, LLC (8) |  | Germany
Arizona 
|AW Acquisition, Inc.                              |  | Arizona         
|Castaway Collectables, L.L.C. (2)                 |  | Arizona         
|Chase Racewear, L.L.C. (2)                        |  | North Carolina  
|Creative Marketing & Promotions, Inc.             |  | North Carolina  
|Danhausen GmbH (4)                                |  | Germany         
|Funline Merchandise Co., Inc.                     |  | California      
|goracing.com, inc                                 |  | Arizona         
|goracing Interactive Services, Inc.(3)            |  | Arizona         
|Jeff Hamilton Collection, Inc.                    |  | Arizona         
|McArthur Towel and Sports, Inc.                   |  | Arizona         
|Minichamps GmbH & Co. KG (6)                      |  | Germany         
|Minichamps North America, Incorporated (6)        |  | Florida         
|Pauls Model Art GmbH & CoKG (7)                  |  | Germany         
|RYP, Inc.                                         |  | North Carolina  
|Racing Collectables Club of America, Inc. (5)     |  | Arizona         
|The Fan Club Company, L.L.C. (3)                  |  | Arizona         
|Trevco Trading Corp.                              |  | Arizona         



---

|(1) |  | wholly owned subsidiary of Action Performance Holding GmbH          
|--- |  | --------------------------------------------------------------------
|   
|(2) |  | 80% owned subsidiary of Action Performance Companies, Inc.          
|   
|(3) |  | wholly owned subsidiary of Racing Collectables Club of America, Inc.
|   
|(4) |  | 80% owned subsidiary of Action Performance Holding GmbH             
|   
|(5) |  | wholly owned subsidiary of goracing.com, inc.                       
|   
|(6) |  | wholly owned subsidiary of Pauls Model Art GmbH & CoKG             
|   
|(7) |  | 80% owned subsidiary of APC Europe GmbH                             
|   
|(8) |  | joint venture with TMP International, Inc.                          
|   
|(9) |  | joint venture with Jumpstart, L.L.C.
QuickLinks
 -- Click here to rapidly navigate through this document

 
 

Exhibit 10.13    
    


 
 

PROMISSORY NOTE    
    



	Borrower:	 	Third Wave Acquisition Corp.

591 West Putnam Avenue

Greenwich, Connecticut 06830
	

Lender:	
 	

Arrow Third Wave LLC
	

Principal Amount:	
 	

$50,000.00





        1.     FOR
VALUE RECEIVED, Third Wave Acquisition Corp. promises to pay to Arrow Third Wave LLC, at such address as may be provided in writing to Third Wave Acquisition Corp.,
the principal sum of fifty thousand dollars ($50,000.00) in lawful money of the United States of America or such lesser amount, as the case may be, equal to the funds advanced by Arrow Third Wave LLC
to or on behalf of Third Wave Acquisition Corp., with interest payable on the unpaid principal at the rate of four and one-quarter percent (4.25%) per annum, calculated
half-yearly not in advance. Documentation to substantiate all amounts advanced to or on behalf of Third Wave Acquisition Corp. pursuant to this Note shall be attached hereto as such funds
are so advanced. 


        2.     This
Note will be repaid in full on the earlier of June 30, 2008 and the date on which Borrower consummates an initial public offering of its securities. 


        3.     At
any time, Third Wave Acquisition Corp. may pay the outstanding balance then owing under this Note to Arrow Third Wave LLC without premium or penalty. 


        4.     This
Note will be construed in accordance with and governed by the laws of the State of New York, without regard to conflicts of laws principles thereof. 



        5.     If
any term, covenant, condition or provision of this Note is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent
that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this
Note will in no way be affected, impaired or invalidated as a result. 


        6.     All
costs, expenses and expenditures including, and without limitation, the reasonable legal costs incurred by Arrow Third Wave LLC in enforcing this Note as a result of
any default by Third Wave Acquisition Corp., will be added to the principal then outstanding and will immediately be paid by Third Wave Acquisition Corp. 


        7.     Arrow
Third Wave LLC may not assign this Note or any interest in this Note. 


        8.     This
Note will inure to the benefit of and be binding upon the respective heirs, executors, administrators and successors of Third Wave Acquisition Corp. and Arrow Third
Wave LLC. Third Wave Acquisition Corp. waives presentment for payment, notice of non-payment, protest and notice of protest. 



        IN
WITNESS WHEREOF, Third Wave Acquisition Corp., intending to be legally bound hereby, has caused this Promissory Note to be duly executed by the authorized officer named below this
13th day of November, 2007. 



	 	 	THIRD WAVE ACQUISITION CORP.
	

 	
 	
By:	

/s/  MATTHEW EBY      
 Name: Matthew Eby

Title: Chief Financial Officer













QuickLinks



Exhibit 10.13


PROMISSORY NOTE
<TABLE> <S> <C>


<ARTICLE> 5

<S>                                                <C>
<PERIOD-TYPE>                                    6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        15,610
<OTHER-SE>                                     (15,610)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               (79,947)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (79,947)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                    (.001)



</TABLE>
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

DARRON HYMES,

Appellant,

v.

DALE WINDSOR,

Appellee

Case No. 2D21-76

September 8, 2021

Appeal from the County Court for Pasco County; Paul E. Firmani, 

Judge.

Darron Hymes, pro se.

J. Marshall Fry of J. Marshall Fry, Attorney At Law, Palm Harbor, 

for Appellee.

PER CURIAM.

Affirmed.

SLEET, ATKINSON, STARGEL, JJ., Concur.

Opinion subject to revision prior to official publication.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2703 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2703

    To renew the temporary suspension of duty on Pigment Yellow 154.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2009

  Mr. Whitehouse (for himself and Mr. Reed) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To renew the temporary suspension of duty on Pigment Yellow 154.

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

SECTION 1. PIGMENT YELLOW 154.

    (a) In General.--Heading 9902.32.18 of the Harmonized Tariff 
Schedule of the United States (relating to Pigment Yellow 154) is 
amended by striking the date in the effective column period and 
inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Exhibit 10.2



                         CONSENT OF INDEPENDENT AUDITOR



We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 33-71822) pertaining to the 1992 Stock Option Plan, of our report
dated February 20, 2002, with respect to the consolidated financial statements
of LanOptics Ltd. included in this Annual Report (Form 20-F/A5) for the year
ended December 31, 2001.





                                                /s/ KOST, FORER AND GABBAY
                                                -------------------------------
                                                  Kost, Forer and Gabbay
Tel Aviv, Israel                                A Member of Ernst & Young Global
March 17, 2003
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains financial information extracted from SEC filing Form 10-K
and is qualified in its entirety by reference to such financial statements.

</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               DEC-31-1997
<PERIOD-START>                  JAN-01-1997
<PERIOD-END>                    SEP-30-1997
<CASH>                                7,387
<SECURITIES>                              0
<RECEIVABLES>                        86,637
<ALLOWANCES>                          2,115
<INVENTORY>                          10,765
<CURRENT-ASSETS>                    118,242
<PP&E>                              575,792
<DEPRECIATION>                      247,282
<TOTAL-ASSETS>                      855,250
<CURRENT-LIABILITIES>               101,444
<BONDS>                                   0
<COMMON>                                381
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<OTHER-SE>                          546,879
<TOTAL-LIABILITY-AND-EQUITY>        855,250
<SALES>                             472,501
<TOTAL-REVENUES>                    472,501
<CGS>                                     0
<TOTAL-COSTS>                       390,243
<OTHER-EXPENSES>                     (7,523)
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                    7,005
<INCOME-PRETAX>                      82,776
<INCOME-TAX>                         34,302
<INCOME-CONTINUING>                  48,474
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                         48,474
<EPS-PRIMARY>                          1.27
<EPS-DILUTED>                          1.27
        

</TABLE>
**Fuel Transport (2024)***

**Checklist #20**

***This checklist is intended to be utilized for BLM fire vehicles that are transporting less than 1,001 pounds of total hazmat and do not have any container (e.g., external fuel tank) greater than 119 gallons.**

**For the National Preparedness Review, you will need to have the following items available for review:**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**FIRE EXTINGUISHERS**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**TRAINING**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

****

**DRIP TORCHES**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**SAFETY TRANSPORT CANS AND METAL AND PLASTIC JERRICANS**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**TRUCK BED MOUNTED FUEL TANK – GASOLINE or MIXED GAS, and DRIP TORCH FUEL**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**DRIP TORCH MIX (119 Gallons or Less):**

**[NWCG Standards for Transporting Fuel (PMS 442), pp. 65-71]**

****

**TRUCK BED MOUNTED FUEL TANK – DIESEL**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**FUEL TRAILERS – GASOLINE or MIXED GAS, and DRIP TORCH FUEL**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**FUEL TRAILER – DIESEL**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

**FUEL IN CREW CARRIERS, HELITENDERS AND ENGINES**

***Key Code: E = Exceeds Standard, M = Meets Standard, NI = Needs Improvement, NR = Not Reviewed***

Fuel Transport	11	Revised April 2024

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