alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David A. HINES, Plaintiff-Appellant, v. Anthony J. MARCHETTI, West Georgia Emergency Medicine, LLC, Defendants-Appellees.

No. 10-14546.

United States Court of Appeals, Eleventh Circuit.

March 23, 2011

Non-Argument Calendar.

Collier H. Espy, Jr., Collier H. Espy, Jr., PC, Dothan, AL, for Plaintiff-Appellant.

Andrew Lynn Brasher, Christopher Lee Hawkins, Bradley Arant Rose & White LLP, Birmingham, AL, for Defendant-Ap-pellee.

Before TJOFLAT, EDMONDSON and PRYOR, Circuit Judges.

PER CURIAM:

Appellant appeals the district court’s order of August 30, 2010 affirming the partial summary judgment the bankruptcy court granted appellees denying appellant a discharge because he violated 11 U.S.C. § 727(a)(2)(A) by transferring property with the intent to hinder, delay, or defraud a creditor within one year before he filed for bankruptcy. Appellant contends that the existence of material issues of fact foreclosed summary judgment; hence, we should reverse the district court’s judgment and instruct the district court to vacate the summary judgment and remand the case to the bankruptcy court for further proceedings.

After examining the relevant portions of the record, we are convinced that, for the reasons stated by the district court in its August 30 order, the bankruptcy court did not err in granting the summary judgment complained of.

AFFIRMED.
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

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 Metals USA Holdings Corp. (the Company) on Form 10-Q for the
quarter ended March 31, 2011 (the Periodic Report), I, Robert C. McPherson, III, Chief 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:

1. To my knowledge, the Periodic Report fully complies with the requirements of Section 13(a)
or 15(d), as applicable, of the Securities Exchange Act of 1934; and

2. The information contained in the
Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                    |  |  |  |                                                                           
|------------------- |  |  |  | --------------------------------------------------------------------------
|                    |  | 
|Dated: May 16, 2011 |  |  |  | /s/    ROBERT C. MCPHERSON,
III                                           
|                    |  |  |  | Robert C. McPherson, III Senior Vice President and Chief Financial
Officer

The foregoing Certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure statement.

A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
# table63_q9_size
#### The People of the State of New York, Respondent, v Noel Medina, Appellant.

[852 NYS2d 766]

The verdict was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [ 2007]). There is no basis for disturbing the jury’s determinations concerning credibility. There was no reasonable explanation for defendant’s actions other than that he was assisting the codefendant in concealing a pistol. Moreover, after the codefendant placed the pistol in the bag that defendant gave him and concealed the gun under nearby shrubs, defendant personally pushed the bag further underneath the shrubs. When viewed in light of the statutory presumption (Penal Law § 265.15 [ 4]), which was submitted to the jury without objection *(see People v Noble,*86 NY2d *343814 [1995]), the evidence established the unlawful intent element of second-degree weapon possession. We have considered and rejected defendant’s remaining claims. Concur—Lippman, P.J., Andrias, Williams and McGuire, JJ.
Exhibit 32.1
                             CERTIFICATE 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 Tetragenex Pharmaceuticals, Inc. (the
"Company")  on Form 10-Q for the period  ending March 31, 2008 as filed with the
Securities  and Exchange  Commission on the date hereof (the  "Report"),  Martin
Schacker,  as Co-Chief  Executive Officer hereby 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 as of and for the period covered by the Report.




                                                     /s/ MARTIN SCHACKER
                                                     --------------------------
                                                     Martin Schacker
                                                     Co-Chief Executive Officer
                                                     May 20, 2008
**Exhibit 32.1**

 

**CERTIFICATIONBY CHIEF EXECUTIVE OFFICER**

**PURSUANTTO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report on Form 10-Qof Pinnacle Gas Resources, Inc. (the “Company”) for the period ending March 31,2008, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Peter G. Schoonmaker, President and Chief Executive Officerof the Company, hereby certify, pursuant to 18 U.S.C. § 1350, as adoptedpursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Actof 1934; and

 

(2)           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

Date: May 14, 2009

 
|   | /s/ Peter G. Schoonmaker              |
|--------|---------------------------------------|
|   | Peter G. Schoonmaker                  |
|   | President and Chief Executive Officer |

 

----
EXHIBIT 23.1


CONSENT OF INDEPENDENT AUDITORS




The Board of Directors and Stockholders
WorldCorp, Inc.:



We consent to the incorporation by reference in the registration statements
(Nos. 333-19483, 33-46443, 33-62864 and 33-60247) on Form S-3, and (Nos.
33-51946, 33-33468 and 33-51944) on Form S-8 of WorldCorp, Inc. of our report
dated February 16, 1998, except as to notes 2 and 23, which are as of April 20,
1998, relating to the consolidated balance sheets of WorldCorp, Inc. and
subsidiaries as of December 31, 1997 and 1996, and the related consolidated
statements of operations, changes in common stockholders' deficit and cash flows
for each of the years in the three-year period ended December 31, 1997, and the
related financial statement schedule, which report appears in the December 31,
1997 annual report on Form 10-K of WorldCorp, Inc.

Our report dated February 16, 1998, except as to notes 2 and 23, which are as of
April 20, 1998, contains an explanatory paragraph that states that in order to
meet its debt service obligations for 1998, the Company must obtain additional
financing, refinance existing borrowings or obtain concessions from its lenders
which raise substantial doubt about its ability to continue as a going concern.
The consolidated financial statements and financial statement schedule do not
include any adjustments that might result from the outcome of that uncertainty.



KPMG PEAT MARWICK LLP



Washington, D.C.
April 20, 1998
|   | • | the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30, 2009, as filed with the Securities and Exchange Commission (the “Report”), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|---------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | • | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|---------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                           |   |   |
|------------------------------------------------------------------------------------------------|--------|--------|
| Date: August 14, 2009                                                                     |   |   |
|                                                                                           |   |   |
| /s/    DR. BARRY W. KARLIN         |   |   |
| Dr. Barry W. Karlin                                                                  |   |   |
| Chairman and Chief Executive Officer                                                           |   |   |
| (Principal Executive Officer)                                                                  |   |   |
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         559,272
<SECURITIES>                                         0
<RECEIVABLES>                                   49,308
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               686,705
<PP&E>                                         161,172
<DEPRECIATION>                                   4,192
<TOTAL-ASSETS>                               1,356,833
<CURRENT-LIABILITIES>                           89,140
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,345
<OTHER-SE>                                   1,210,348
<TOTAL-LIABILITY-AND-EQUITY>                 1,356,833
<SALES>                                        207,315
<TOTAL-REVENUES>                               207,315
<CGS>                                          583,784
<TOTAL-COSTS>                                  583,784
<OTHER-EXPENSES>                               (5,135)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (371,334)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (371,334)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (371,334)
<EPS-PRIMARY>                                   (0.30)
<EPS-DILUTED>                                   (0.30)
        


</TABLE>
|   | 1. | The      Quarterly Report on Form 10-Q, for the fiscal quarter ended August 31,      2010, and to which this certification is attached as Exhibit 32.2 (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 consolidated financial condition and results of operations      of the Company. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/      Gordon Samson            |
|--------|-----------------------------------|
|   | Chief      Financial Officer and  |
|   | Principal      Accounting Officer |
|   | October      15, 2010             |

----
@misc{1213906,
  author = {John M. Libert and Shahram Orandi and John Grantham and Kenneth Ko and Bruce Bandini},
  title = {Repeatability of Contactless and Contact Fingerprint Capture},
  year = {2023},
  month = {2023-09-12 04:09:00},
  publisher = {NIST Interagency/Internal Report (NISTIR), National Institute of Standards and Technology, Gaithersburg, MD},
  url = {https://tsapps.nist.gov/publication/get_pdf.cfm?pub_id=936774},
  doi = {https://doi.org/10.6028/NIST.IR.8488},
  language = {en},
}
##### 



Exhibit 10.3
 SECURED PROMISSORY NOTE
 $6,000,000
    
    June 13, 2007
Gibson City, Illinois
 Maker Payee Principal Amount
 Payments Note Registered Offering Debt Financing Facility
 Notation of Indebtedness and Payments provided however
 Prepayment
 Security Interest Tucker Mortgage Gibson City Mortgage
 1




---



##### 



Foster Conditional
Assignment Foster Option Agreement Foster Mortgage
 Default
 Event of Default
 Transaction Documents
    2




---



##### 



Section 5(a)
 Highest Lawful Rate
 3




---



##### 



Waiver of Certain Demands and Notices
 Payment of Court Costs
 Usury
 Additional Covenants of the Maker
   4




---



##### 



Governing Law
 Successors and Assigns
 Notices
 (i)
    
    If to the Maker:
    
    One Earth Energy, LLCAttn: Steve Kelly1306 West 8th StreetGibson City, IL 60936-0546With copies to:
    
    Chris Sackett. Esq.Brown Winick666 Grand AvenueSuite 2000 Ruan CenterDes Moines, IA 50309Phone: 515-242-2470Fax: 515-323-8570(ii)
    
    If to the Payee:
    
    Farmers Energy One Earth, LLCAttn: Zafar Rizvi, President2875 Needmore RoadDayton, Ohio 45414Fax: (937) 276-8643Email: zrizvi@rexstores.com
 5




---



##### 



with a copy to:
    
    Chernesky, Heyman & Kress P.L.L.Attn: Edward M. Kress, Esq.1100 Courthouse Plaza SWDayton, OH 45402Fax: (937) 449-2821Email: emk@chklaw.com
 Severability
 Amendments and Waivers
 WAIVER OF JURY TRIAL
 ONE EARTH ENERGY, LLCBy:

/s/ Steven KellyIts:  President 6
# table39_q5.2_size
Cite as 2015 Ark. 311

SUPREME COURT OF ARKANSAS

No. CR-13-514

BRUCE WAYNE BROWN

APPELLANT

V.

STATE OF ARKANSAS

APPELLEE

Opinion Delivered July 23, 2015

PRO SE MOTION TO RESPOND TO

CIRCUIT COURT’S AMENDED

ORDER

[GARLAND COUNTY CIRCUIT

COURT, NO. 26CR-10-272]

HONORABLE MARCIA R.

HEARNSBERGER, JUDGE

REMANDED FOR EVIDENTIARY

HEARING AND FINDINGS OF FACT;

MOTION MOOT.

PER CURIAM

Appellant Bruce Wayne Brown appealed the denial of his pro se petition for

postconviction relief filed pursuant to Arkansas Rule of Criminal Procedure 37.1 (2011). This

court remanded the matter for findings of fact to address a jurisdictional issue raised by the

record. Brown v. State, 2015 Ark. 97. 

As we noted in our previous opinion, because the issue of whether the underlying Rule

37.1 petition is properly verified is determinative of our jurisdiction to hear the appeal, remand

to the circuit court for factual findings concerning the verification of the petition was necessary. 

Id. On remand, the circuit court entered an amended order dismissing Brown’s Rule 37.1

petition for lack of proper verification as required by Arkansas Rule of Criminal Procedure

37.1(c) and (d). It does not appear from the supplemental record returned on remand that the

circuit court held a hearing or took any evidence on the matter. 
Cite as 2015 Ark. 311

After the circuit court returned its findings of fact, Brown filed the motion that is now

before us seeking to respond to the circuit court’s amended order. Because it is apparent from

the motion that Brown has evidence that he wishes to submit for consideration concerning the

verification issue, a hearing in the circuit court is appropriate. Accordingly, we again remand the

matter to the circuit court for an evidentiary hearing and for factual findings concerning

verification of the petition. Brown’s motion is moot. The circuit court shall return its findings

of fact, along with a transcript of the hearing on the matter, within ninety days from the date of

this order. Further action on the pending appeal is delayed until the findings of fact and hearing

transcript are received.

Remanded for evidentiary hearing and findings of fact; motion moot.

2
[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30590-30591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15055]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Diabetes and Digestive and Kidney Diseases; 
Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Institute of Diabetes and Digestive and Kidney Diseases Special 
Emphasis Panel, June 25, 2009, 6 p.m. to June 26, 2009, 5 p.m., Embassy 
Suites, 1250 22nd Street NW., Washington, DC 20037 which was published 
in the Federal Register on May 27, 2009, 74 FR 25261.
    This meeting will be held on August 3, 2009 from 8:30 a.m. until 5 
p.m. The meeting is closed to the public.


[[Page 30591]]


    Dated: June 18, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-15055 Filed 6-25-09; 8:45 am]
BILLING CODE 4140-01-P
#### COMMONWEALTH EDISON COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

No. 00-5069.

United States Court of Appeals, Federal Circuit.

DECIDED: July 16, 2001.

Robert A. Mangrum, Winston & Strawn, of Washington, DC, for plaintiff-appellant. Of counsel was Eric J. Marcotte.

James G. Bruen, Jr., Special Litigation Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, for defendant-appellee. Of counsel were Stuart E. Schiffer, Acting Assistant Attorney General; J. Christopher Kohn, Director; Sandra P. Spooner, Deputy Director; and Theodore R. Carter, III, Margaret M. Newell, and Matthew J. Troy, Trial Attorneys.

Jerry Stouck, Spriggs & Hollingsworth, of Washington, DC, for amicus curiae Main Yankee Atomic Power Company. Of coun*818sel were Rebecca A. Womeldorf, and Michael R. Miner.

Melvin C. Garbow, Arnold & Porter, of Washington, DC, for amicus curiae Sacramento Minieipal Utility District. Of counsel were Howard N. Cayne, Kent A. Yalowitz, and Edward H. Sisson.

Before MAYER, Chief Judge, NEWMAN, MICHEL, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, GAJARSA, LINN, and DYK, Circuit Judges.

ORDER

IT IS ORDERED THAT:

> (1) This appeal, scheduled for oral argument on Wednesday, October 3, 2001, shall be heard in Courtroom 201 at 10:00 a.m.

> (2) Counsel for each side shall have 30 minutes to argue their case.

> (3) Counsel shall provide the clerk with the names of the arguing attorneys no later than September 10, 2001.
Order filed, April 24, 2020

.

In The



## Fourteenth Court of Appeals

____________

NO. 14

- 20

- 00254

- CR

____________

THE STATE OF TEXAS , Appellant

V.

DMITRIY YAKUSHKIN , Appellee

On Appeal from the Co Crim Ct at Law No 8

Harris County, Texas

Tri al Court Cause No. 2214656



### ORDER

The reporter’s record in this case was due April 17, 2020

. See Tex. R. App.

P. 35.1. The court has not received a request to extend time for filing the record.

The record has not been filed with the court. Because the reporter’s r ecord has not

been filed timely, we issue the following order.

We order Jennifer Slessinger , the court reporter, to file the record in this

appeal within 10 days of the date of this order

.

PER CURIAM

Panel Consists of Justices Christopher, Wise and Zimmerer.
#### In the Matter of Cadejah AA. and Another, Children Alleged to be Neglected. Otsego County Department of Social Services, Respondent; Alberta CC., Appellant, et al., Respondent. (And Other Related Proceedings.)

[822 NYS2d 472]

Spain, J. Appeal from an order of the Family Court of Otsego County (Burns, J.), entered September 7, 2005, which granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 10, for extension of the period of supervision.

In this Family Ct Act article 10 proceeding, respondent Alberta CC. (hereinafter respondent) appeals from a September 2005 order, made after a hearing, which extended petitioner’s supervision of respondent’s son, Raymond BB. (born 2000), until July 21, 2006.

Inasmuch as the order appealed from has been terminated on the consent of all parties and the Law Guardian, by a subsequent order effective May 24, 2006, respondent’s appeal is dismissed as moot *(see Matter of Senator NN.,*21 AD3d 1187, 1188 [2005]; *Matter of John I.,*6 AD3d 991, 991 [2004], *lv denied*3 NY3d 602 [2004]). Additionally, the order appealed from expired on July 21, 2006, also rendering this appeal moot *(see Matter of Marcel S.,*15 AD3d 808, 809 [2005]).

Cardona, EJ., Mercure, Carpinello and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

PAMELA FORD, §

§ No. 197, 2020

Plaintiff Below, §

Appellant, § Court Below—Superior Court

v. § of the State of Delaware

SEDWICK CLAIMS §

MANAGEMENT SERVICES, INC. § C.A. No. K19C-12-030

and LOWE’S HOME CENTERS, §

INC., §

Defendant Below, §

Appellee. §

 Submitted: November 18, 2020

 Decided: December 1, 2020

Before SEITZ, Chief Justice; VAUGHN and TRAYNOR, Justices.

O R D E R 

This 1st day of December, 2020, after careful consideration of the parties’ 

briefs and the record on appeal, it appears to the Court that the judgment of the 

Superior Court should be affirmed on the basis of and for the reasons stated in its 

May 20, 2020 Opinion and Order.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior 

Court is AFFIRMED. 

BY THE COURT: 

/s/ Gary F. Traynor

Justice