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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7140

GEORGE DUNDAS,

Petitioner - Appellant,

versus

RONALD HUTCHINSON; ATTORNEY GENERAL FOR THE

STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA99-3612-PJM)

Submitted: January 18, 2001 Decided: January 24, 2001

Before WIDENER and MICHAEL, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

George Dundas, Appellant Pro Se. John Joseph Curran, Jr., Attorney

General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

George Dundas seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 2000). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the

reasoning of the district court. Dundas v. Hutchinson, No. CA-99-

3612-PJM (D. Md. Aug. 3, 2000). We 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.

DISMISSED
<PAGE>


                                                                    Exhibit 12.1
                      BETTER MINERALS & AGGREGATES COMPANY
                       RATIO OF EARNINGS TO FIXED CHARGES
                             (Dollars in Thousands)


<TABLE>
<CAPTION>
                                                                            Successor                                   Predecessor
                                              ------------------------------------------------------------------------- ------------
                                                                            Year Ended
                                                                            December 31,
                                                                            ------------                 2/10 - 12/31,  1/1 - 2/9,
                                                2000           1999            1998           1997            1996         1996
                                                ----           ----            ----           ----            ----         ----
<S>                                         <C>           <C>           <C>             <C>              <C>          <C>
Earnings
--------
Income (loss) before income taxes               $(20,639)    $  1,032        $ (16,871)    $ (1,961)       $ (3,621)     $  517
Fixed charges                                     36,647       19,870           10,401       10,578          10,143          21
                                              -------------------------------------------------------------------------------------
Total earnings                                  $ 16,008     $ 20,902        $  (6,470)    $  8,617        $  6,522      $  538
                                              =====================================================================================
Fixed Charges
-------------
Interest expense                                $ 36,359     $ 19,590        $  10,269     $ 10,513        $ 10,074      $   13
Estimated interest in rental expense                 288          280              132           65              69           8
                                              -------------------------------------------------------------------------------------
Total fixed charges                             $ 36,647     $ 19,870        $  10,401     $ 10,578        $ 10,143      $   21
                                              =====================================================================================

Ratio of Earnings to Fixed Charges                     -          1.1                -            -               -        25.6
</TABLE>

Earnings were insufficient to cover fixed charges by $20.6 million, $16.9
million, $2.0 million and $3.6 million for the years ended December 31, 2000,
1998 and 1997 and the period February 10, 1996 through December 31, 1996,
respectively.
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 the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

                        An open meeting of the Taxpayer Advocacy Panel Tax Forms and Publications Issue Committee will                               ( print page 36551)                            be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.                    

# DATES:

The meeting will be held Wednesday, August 5, 2009.

# FOR FURTHER INFORMATION CONTACT:

Marianne Ayala at 1-888-912-1227 or 954-423-7978.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Tax Forms and Publications Issue Committee will be held Wednesday, August 5, 2009, at Noon, Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Marianne Ayala. For more information please contact Ms. Ayala at 1-888-912-1227 or 954-423-7978, or write TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324, or post comments to the Web site:                     *http://www.improveirs.org.*

The agenda will include various IRS issues.

Dated: July 16, 2009.

Shawn F. Collins,

Acting Director,  Taxpayer Advocacy Panel.

[FR Doc. E9-17447 Filed 7-22-09; 8:45 am]

BILLING CODE 4830-01-P
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 788 Enrolled Bill (ENR)]

        H.R.788

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 An Act

 
 To revise the boundary of the Glen Canyon National Recreation Area in 
                     the States of Utah and Arizona.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Glen Canyon National Recreation Area 
Boundary Revision Act''.

SEC. 2. GLEN CANYON NATIONAL RECREATION AREA BOUNDARY REVISION.

    (a) In General.--The first section of Public Law 92-593 (16 U.S.C. 
460dd; 86 Stat. 1311) is amended--
        (1) by striking ``That in'' and inserting ``Section 1. (a) 
    In''; and
        (2) by adding at the end the following:
    ``(b) In addition to the boundary change authority under subsection 
(a), the Secretary may acquire approximately 152 acres of private land 
in exchange for approximately 370 acres of land within the boundary of 
Glen Canyon National Recreation Area, as generally depicted on the map 
entitled `Page One Land Exchange Proposal', number 608/60573a-2002, and 
dated May 16, 2002. The map shall be on file and available for public 
inspection in the appropriate offices of the National Park Service. 
Upon conclusion of the exchange, the boundary of the recreation area 
shall be revised to reflect the exchange.''.
    (b) Change in Acreage Ceiling.--Such section is further amended by 
striking ``one million two hundred and thirty-six thousand eight 
hundred and eighty acres'' and inserting ``1,256,000 acres''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
**EXHIBIT 32.2**

 

Alpha Pro Tech, Ltd.

 

CERTIFICATION PURSUANT TO

 

18 U.S.C. SECTION 1350,

 

AS ADOPTED PURSUANT TO

 

SECTION 906 OF THE SARBANES-OXLEY ACT OF2002

 

In connection with the quarterly report of Alpha ProTech, Ltd. (the “Company”) on Form 10-Q for the quarter ended June 30,2010, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Lloyd Hoffman, Chief Financial 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:

 

(1) The Report fully complies with the requirementsof Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| DATE:  | **August 11, 2010** | ** ** | BY:                     | /s/ **Lloyd Hoffman** |
|--------|--------------------------|------------|-------------------------|-----------------------|
|   |                     |       | Lloyd Hoffman           |
|   |                     |       | Chief Financial Officer |

 

1

----
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

RHONDA WILKINSON,

 Plaintiff - Appellant,

 v.

CLARK COUNTY SCHOOL DISTRICT,

 Defendant - Appellee.

No. 12-15853

D.C. No. 2:05-cv-01083-JCM-RJJ

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

James C. Mahan, District Judge, Presiding

Submitted June 12, 2014** 

Before: McKEOWN, WARDLAW, and, M. SMITH, Circuit Judges.

Rhonda Wilkinson appeals pro se from the district court’s judgment

following a bench trial in her employment action alleging retaliation in violation of

Title VII. We have jurisdiction under 28 U.S.C. § 1291. We review de novo the

district court’s conclusions of law and for clear error the district court’s findings of

FILED

JUN 18 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
fact. Milicevic v. Fletcher Jones Imports, Ltd., 402 F.3d 912, 915 (9th Cir. 2005). 

We affirm.

Wilkinson’s primary contention that she was denied her right to a fair trial

because the district court judge was biased against her is without merit. See Mayes

v. Leipziger, 729 F.2d 605, 607 (9th Cir. 1984) (“A judge’s previous adverse ruling

alone is not sufficient bias.”). Nothing in the record supports Wilkinson’s claim

that the trial judge was biased or that she received an unfair trial.

After reviewing the record, we cannot say that the district court clearly erred

by crediting the testimony of defendant and defendant’s witnesses over the

testimony of Wilkinson. See Fed. R. Civ. P. 52(a)(6) (“Findings of fact . . . must

not be set aside unless clearly erroneous, and the reviewing court must give due

regard to the trial court’s opportunity to judge the witnesses’ credibility.”);

Anderson v. Bessemer City, 470 U.S. 564, 573-74 (“If the district court’s account

of the evidence is plausible in light of the record, the court of appeals may not

reverse even though convinced that had it been sitting as the trier of fact, it would

have weighed the evidence differently.”).

The district court did not abuse its discretion in deciding to exclude one of

Wilkinson’s witnesses from the courtroom or in allowing defendant’s

representative to remain in the courtroom. See Fed. R. Evid. 615(b); Milicevic, 402

2 12-15853
F.3d at 915 (setting forth standard of review).

Wilkinson’s contentions concerning the number of exhibits admitted into

evidence, the privacy of her medical and bankruptcy records, and a coworker’s

allegedly unprofessional treatment of Wilkinson after the bench trial are

unpersuasive.

AFFIRMED.

3 12-15853
Third District Court of Appeal

State of Florida

Opinion filed September 30, 2022.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D20-1908

Lower Tribunal No. 16-28140

________________

James A. Cummings, Inc., et al.,

Appellants,

vs.

Procacci Dolphin, LLC, et al.,

Appellees.

An Appeal from the Circuit Court for Miami-Dade County, William 

Thomas, Judge.

Katz Barron and Andrew J. Foti and H. Eugene Lindsey, III; and Nida 

& Romyn, P.C., and David C. Romyn (Los Angeles, CA), for appellants.

Sweetapple, Broeker & Varkas, PL, and Robert A. Sweetapple and 

Douglas C. Broeker; Pankauski Hauser Lazarus PLLC and Robert J. Hauser 

(West Palm Beach); Weiss Serota Helfman Cole & Bierman, P.L., and 

Michael J. Kurzman and Elizabeth Coppolecchia (Fort Lauderdale), for 

appellees.

Before FERNANDEZ, C.J., and HENDON and LOBREE, JJ. 
2

PER CURIAM.

Affirmed.
EXHIBIT 99.1


                            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 filing by Rushmore  Financial  Group,  Inc. (the
"Company")  of the  Quarterly  Report on Form 10-QSB for the period ending March
31, 2003 (the "Report"),  I, Dewey M. Moore, Jr., Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that based on my knowledge:

               1.   The Report fully complies with the  requirements  of Section
                    13(a) and 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.







                                                  /s/ Dewey M. Moore, Jr.
                                                  ------------------------------
                                                  Dewey M. Moore, Jr.
                                                  Chief Executive Officer


Dated:  May 15, 2003







                                       22
EXHIBIT 32.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

PURSUANT TO RULE 13A-14(b) OF THE EXCHANGE ACT AND 18
U.S.C. SECTION 1350.

In connection with the Annual Report on Form 10-K of Curis, Inc. (the Company) for the fiscal year
ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Michael P. Gray, Vice President of Finance and Chief Financial Officer of the Company, hereby certifies,
pursuant to 18 U.S.C. Section 1350, 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.

Dated: February 26, 2009



/s/ MICHAEL P. GRAYMichael P. GrayChief Operating Officer and Chief Financial Officer(Principal Financial and Accounting Officer)
# laucnty08

&8Page &P of &N
# Productivity by State

The Productivity by State release has data on labor productivity for the private nonfarm sector of each state. Labor productivity describes the relationship between output and the labor time involved in production. This release is issued annually. For more information, visit the Productivity home page at www.bls.gov/productivity/.

- Productivity falls in 37 states and the District of Columbia in 2022
- Productivity rises in 39 states and the District of Columbia in 2021
- Productivity rises in 45 states and the District of Columbia in 2020
No. 958.

#### Spaulding *v.*United States.

May 27, 1946.

Petitioner *pro se.*

*Solicitor General McGrath*for the United States.

Petition for writ of certiorari to the Circuit Court of Appeals for the Sixth Circuit denied.
Filed by OTC Filings Inc. - www.otcedgar.com - 1-866-832-FILE(3453) - Natfresh Beverages Corp. - Exhibit 10.3

  
 

 

 MEMORANDUM OF UNDERSTANDING
 

 PARTIES
 

 NATFRESH BEVERAGES CORP, a US corporation incorporated in the State of Neveda and having its registered office at Williams Tower, 2800 Post Oak Boulevard, Suite 4100
 Houston, TX 77056, United States of America (“Party A”)
 

 AND
 

 SKY JOY INTERNATIONAL ENTERPRISE LIMITED, a private limited company incorporated 
 in the Special Administration State of Hong Kong and having its registered office at Flat/RM E, Blk 1, 6/F, Po Hon Building, 24-30 Percival Street, Hong Kong (“Party B”)
 

 

 RECITAL
 

 WHEREAS Party A is the natural spring water importer and bottling of natural mineral water for human consumption in the United States of America and Republic of Singapore.
 

 WHEREAS Party B possessed a technology to produce or make instant tea by using drinking water in Taiwan, Republic of China.
 

 NOW, both Parties wish to enter into a Joint Venture whereby Party B shall provide technology transfer the technic and processing technology to produce or make instant tea for Party A and for this purpose, Party B shall train Party A’s personnel with a view to achieve this objective.
 

 THIS Memorandum of Understanding is made on good faith and both Parties shall proceed to finalise an Agreement with terms and conditions agreed by both Parties.
 

 

 Dated this 26th day of September, 2012 at Singapore.
 

 

 

        /s/ HSU CHING MING                                                     /S/  YI LUNG LIN
       ____________________________                              __________________________
            HSU CHING MING                                                           YI LUNG LIN
            Chairman/Director                                                         President/Director
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



I, Howard M. Bailey, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Annual Report of Occam Networks, Inc. on Form 10-K for the fiscal year ended December 31, 2003 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 Annual
Report on Form 10-K fairly presents in all material respects the financial condition and results of operations of Occam Networks, Inc.



By:

/s/ Howard M. BaileyName:

Howard M. BaileyTitle:

Chief Financial Officer




A signed original of this
written statement required by Section 906 has been provided to Occam Networks, Inc. and will be retained by Occam Networks, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13

- 20344

CHRISTIAN VALLEJO, individually and on behalf of all similarly situated current and former employees,

Plaintiff

–

Appellee

v.

GARDA CL SOUTHWEST, INCORPORATED,

Defendant

– Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:12

- CV

- 555

Before HIGGINBOTHAM, DAVIS, and HAYNES, Circuit Judges

.
PER CURIAM: *

In this Fair Labor Standards Act of 1938 action, defendant

- appellant

Gard a CL Southwest, Inc., appeals the district court’ s denial of a motion to

enforce the arbitration clause of a putative collective bargaining ag reement as

to three intervenors, finding that the motion presented material issues of fact.

We AFFIRM.

* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals
Fifth Circuit 

### FILED

April 4, 2014

Lyle W. Cayce
Clerk Case: 13-20344 Document: 00512585988 Page: 1 Date Filed: 04/04/2014
Exhibit 10.27

 

2013 Executive Incentive Plan Targets

 

	
Senior Manager
    	
 
    	
2013 Executive Incentive Plan Target
   as a Percent of 2013 Base Salary
    	
 
    
	
Gary D. Blackford 
    	
 
    	
100
    	
%
    
	
William C. Mixon 
    	
 
    	
60
    	
%
    
	
Rex T. Clevenger 
    	
 
    	
75
    	
%
    
	
Timothy W. Kuck 
    	
 
    	
70
    	
%
    
	
John A. Desch 
    	
 
    	
30
    	
%
    


 

	
Target Achievement*
    	
 
    	
Bonus Multiplier
    	
 
    
	
110%
    	
 
    	
150
    	
%
    
	
105%
    	
 
    	
125
    	
%
    
	
100%
    	
 
    	
100
    	
%
    
	
99%
    	
 
    	
95
    	
%
    
	
98%
    	
 
    	
90
    	
%
    
	
97%
    	
 
    	
85
    	
%
    
	
96%
    	
 
    	
80
    	
%
    
	
95%
    	
 
    	
75
    	
%
    
	
94%
    	
 
    	
70
    	
%
    
	
93%
    	
 
    	
65
    	
%
    
	
<93%
    	
 
    	
Zero
    	
 
    



 






* The target is set by the compensation committee

 

Scale Methodology

 

Directionally, every 1% variance to Target has a 5 times multiplier, with bookends at 110% and 93%, subject to the discretion of the compensation committee.
**Exhibit
      13.1**




**CERTIFICATION
      OF THE 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,
      Tzvika
      Friedman, as Chief Executive Officer of Alvarion Ltd. (the “Company”), certify,
      pursuant to 18 U.S.C. §  1350,
      as
      adopted by Section 906 of the Sarbanes-Oxley Act of 2002, that to my
      knowledge:




(1)
      The
      accompanying Annual Report on Form 20-F for the fiscal year ended December
      31,
      2007 as filed with the U.S. 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, 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.




Dated:
      April 2, 2008


/s/
              Tzvika
              FriedmanTzvika
              FriedmanChief Executive
              Officer




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.