alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
114TH CONGRESS 

2D SESSION S. 3386 

AN ACT 

To amend title 36, United States Code, to designate May 

1 as ‘‘Silver Star Service Banner Day’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 3386 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Silver Star Service 

3 Banner Day Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Congress has always honored the sacrifices 

7 made by the wounded and ill members of the Armed 

8 Forces. 

9 (2) The Silver Star Service Banner has come to 

10 represent the members of the Armed Forces and vet11 erans who were wounded or became ill in combat in 

12 the wars fought by the United States. 

13 (3) The Silver Star Families of America was 

14 formed to help the people of the United States re15 member the sacrifices made by the wounded and ill 

16 members of the Armed Forces by designing and 

17 manufacturing Silver Star Service Banners and Sil18 ver Star Flags for that purpose. 

19 (4) The sole mission of the Silver Star Families 

20 of America is to evoke memories of the sacrifices of 

21 members of the Armed Forces and veterans on be22 half of the United States through the presence of a 

23 Silver Star Service Banner in a window or a Silver 

24 Star Flag flying. 
3 

†S 3386 ES

1 (5) The sacrifices of members of the Armed 

2 Forces and veterans on behalf of the United States 

3 should never be forgotten. 

4 (6) May 1 is an appropriate date to designate 

5 as ‘‘Silver Star Service Banner Day’’. 

6 SEC. 3. DESIGNATION. 

7 (a) IN GENERAL.—Chapter 1 of title 36, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 145. Silver Star Service Banner Day 

11 ‘‘(a) DESIGNATION.—May 1 is Silver Star Service 

12 Banner Day. 

13 ‘‘(b) PROCLAMATION.—The President is requested to 

14 issue each year a proclamation calling on the people of 

15 the United States to observe Silver Star Service Banner 

16 Day with appropriate programs, ceremonies, and activi17 ties.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 The table of sections for chapter 1 of title 36, United 
4 

†S 3386 ES

1 States Code, is amended by inserting after the item relat2 ing to section 144 the following: 

‘‘145. Silver Star Service Banner Day.’’. 

Passed the Senate November 30, 2016. 

Attest: 

Secretary. 

114TH CONGRESS 

2D SESSION S. 3386 

AN ACT 

To amend title 36, United States Code, to desDay’’. ignate May 1 as ‘‘Silver Star Service Banner
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 on Form 10-Q of Transkaryotic Therapies, Inc. (the“Company”) for the period ended March 31, 2005 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned, David D. Pendergast, Presidentand Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section1350, that:
 (1)  the Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and  (2)  the information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.
Date: May 10, 2005                                   /s/ David D. Pendergast   David D. Pendergast   President, Chief Executive Officer
1999 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-25-1999

Nicini v. Morra

Precedential or Non-Precedential:

Docket 98-5193

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_1999

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 1999 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Nicini v. Morra" (1999). 1999 Decisions. Paper 235.

http://digitalcommons.law.villanova.edu/thirdcircuit_1999/235
Filed August 25, 1999 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 98-5193 

ANTHONY NICINI, JR., Appellant 

v. 

EDWARD MORRA; NEW JERSEY DEPARTMENT OF 

HUMAN SERVICES; DIVISION OF YOUTH AND FAMILY 

SERVICES; FRANK SYRIS; JOHN DOE(S), a fictitious 

person or persons; XYZ ENTITY(IES), a fictitious entity or 

entities 

(D.C. Civil No. 95-cv-2303) 

Before: BECKER, Chief Judge, SLOVITER, MANSMANN, 

GREENBERG, SCIRICA, NYGAARD, ALITO, ROTH, 

McKEE, and RENDELL, Circuit Judges. 

O R D E R 

A majority of the active judges having voted for rehearing 

en banc in the above appeal, it is 

ORDERED that the Clerk of this Court list the above for 

rehearing en banc at the convenience of the Court. 

BY THE COURT: 

/s/ Edward R. Becker 

CHIEF JUDGE 

DATED: August 25, 1999
#### Jerome BRANCH, Plaintiff-Appellant, v. Ms. BADGETT, Head Nurse; Ms. White, RNC-A Nurse; Edward Boakye, Defendants-Appellees.

No. 12-7724.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 13, 2012.

Decided: Dec. 19, 2012.

Jerome Branch, Appellant Pro Se. Jeff W. Rosen, Pender & Coward, PC, Virginia Beach, Virginia, for Appellee.

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

*228Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jerome Branch appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Branch v. Badgett,*No. 2:11-cv-00124-HCM-FBS (E.D.Va. Sept. 14, 2012). 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.*
BARRY L. FRIEDMAN, P.C.
                        Certified Public Accountant


1582 TULITA DRIVE                           OFFICE (702) 361-8414
LAS VEGAS, NEVADA 89123                    FAX NO. (702) 896-0278


                      CONSENT OF INDEPENDENT AUDITORS


To Whom It May Concern:
                                                          January 2, 2001

     The  firm  of  Barry  L. Friedman, P.C., Certified  Public  Accountant
consents  to  the inclusion of their report of  January 2,  2001,  on  the
Financial Statements of Independent Asset Management, Corp., as of December
31, 2000, In any filings  that are  necessary  now  or  in the near future
with the U.S. Securities and Exchange Commission.



Very truly yours,

/s/ Barry L. Friedman

Barry L. Friedman
Certified Public Accountant
EXHIBIT 23CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM     We hereby consent to the incorporation by reference in the Registration Statements on Form S-3(Registration Nos. 333-72162 and 333-71350) and Form S-8 (Registration No. 2-42170) of TheWashington Post Company, and in the Prospectuses constituting a part thereof, of our report datedMarch 3, 2006 relating to the financial statements, financial statement schedule, management’sassessment of the effectiveness of internal control over financial reporting and the effectivenessof internal control over financial reporting, which appears in this Annual Report on Form 10-K, andto the reference to us under the heading “Experts” in such Prospectuses.PricewaterhouseCoopers LLPMcLean, Virginia
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 31 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                      January 29, 2003.
Whereas, on Sunday, January 26, 2003, the Tampa Bay Buccaneers dominated Super 
        Bowl XXXVII, defeating the Oakland Raiders by a score of 48-21;
Whereas the 27-year-old Buccaneers franchise won the National Football League's 
        World Championship in their first-ever Super Bowl appearance;
Whereas coach Jon Gruden, in his first year as head coach of the Buccaneers, led 
        the team to the pinnacle of success;
Whereas the Buccaneers overcame adversity and defeated the Oakland Raiders, a 
        team credited with possessing the number-one ranked offense in the 
        National Football League;
Whereas throughout the season the Buccaneers were led by a number of players, 
        most notably veterans Warren Sapp, Derrick Brooks and John Lynch, who 
        banded together to form the number-one ranked defense in the National 
        Football League;
Whereas owner Malcolm Glazer's unwavering dedication to bringing together the 
        most talented coaches and players has resulted in the achievement of the 
        most sought-after honor in professional football: the Vince Lombardi 
        trophy;
Whereas the Buccaneers are an integral part of the Tampa Bay community;
Whereas the entire Tampa Bay community is proud of the Buccaneers and their 
        extraordinary season and tremendous accomplishment;
Whereas this championship is especially satisfying to the dedicated Buccaneers 
        fans who have loyally supported the team since their inception in 1976; 
        a very long journey that has culminated in a Super Bowl victory and the 
        recognition that the Buccaneers are the best football team in the world: 
        Now, therefore, be it
    Resolved, That the House of Representatives congratulates the World Champion 
Tampa Bay Buccaneers for their victory in Super Bowl XXXVII.
            Attest:

                                                                          Clerk.
```
SECOND AMENDMENT 


DATED AS OF FEBRUARY 19, 2013


TO THE MARKETING AGENT AGREEMENT


DATED AS OF MARCH 31, 2010 AS AMENDED
JULY 30, 2012


 


AMENDMENT AGREEMENT (the “Amendment”)
dated as of February 19, 2013 between ALPS DISTRIBUTORS, INC. (“ALPS”), UNITED STATES COMMODITY FUNDS LLC
and UNITED STATES BRENT OIL FUND, LP (“USBO”).


 


WITNESSETH


 


The parties have previously entered into
that certain Marketing Agent Agreement dated as of March 31, 2010, as amended July 30, 2012 (the “Agreement”).  The
parties have agreed to amend the Agreement in accordance with the terms of this Amendment.


 


NOW, THEREFORE, in consideration of the
mutual agreements herein contained, ALPS, USCF and USBO hereby acknowledge and agree as follows:


 


1.   Amendment
to the Agreement.  Upon execution of this Amendment by ALPS, USCF and USBO, the Agreement shall be hereby amended
as follows:


 


(a)   Section 4.3 of the
Agreement, “Marketing Agent Fee” shall be amended by adding the following:


 


In no event will the Marketing Agent Fee exceed 10% of the gross
proceeds of the Fund’s offering.


 




    	 



    	 



    

 


IN WITNESS WHEREOF, the parties have caused
this Amendment to be executed by their respective officers or authorized representatives as of the day and year first above written.


 


UNITED STATES COMMODITY FUNDS LLC


 


	By:	/s/  Howard Mah	 
	 	Name: Howard Mah	 
	 	Title: Management Director	 


 


UNITED STATES BRENT OIL FUND, LP


 


	 	By: United States Commodity Funds LLC, as General Partner
	 	 	 	 
	 	By:	/s/  Howard Mah	 
	 	 	Name: Howard Mah	 
	 	 	Title: Management Director	 


 


ALPS DISTRIBUTORS, INC


 


	By:	/s/  Thomas A. Carter	 
	 	Name: Thomas A. Carter	 
	 	Title: President	 


  




    	2
Articles of Amendment

to

Articles of Incorporation

of



LEXOR HOLDINGS, INC.

(Name of corporation as currently filed with the Florida Dept. of State)



P02000001780

(Document number of corporation (if known))



Pursuant to the provisions of section 607.1006, Florida Statues, this Florida Profit Corporation adopts the following amendment(s) to its Articles of Incorporation:



NEW CORPORATE NAME (if changing):



JEANTEX GROUP, INC.

(Must contain the word corporation, company, or incorporated or the abbreviation Corp., Inc., or Co.,)

(A professional corporation must contain the word chartered, professional association, or the abbreviation P.A.)



AMENDMENTS ADOPTED  (OTHER THAN NAME CHANGE) Indicate Article Number(s) and/or Article Title(s) being amended, added or deleted: (BE SPECIFIC)



N/A

























(Attach additional pages if necessary)



If an amendment provides for exchange, reclassification, or cancellation of issued shares, provisions for implementing the amendment if not contained in the amendment itself: (if not applicable, indicate N/A)













(continued)





Page 1 of 2



The date of each amendment(s) adoption: JUNE 30, 2005_________________



Effective date if applicable: __JUNE 30, 2005__________________

(no more than 90 days after amendment file date)



Adoption of Amendment(s)

(CHECK ONE)



RThe amendment(s) was/were approved by the shareholders. The number of votes cast for the amendment(s) by the shareholders was/were sufficient for approval.



cThe amendment(s) was/were approved by the shareholders through voting groups.The following statement must be separately provided for each voting group entitled to vote separately on the amendment(s):



The number of votes cast for the amendment(s) was/were sufficient for approval by _______________________________________________.

(voting group)



cThe amendment(s) was/were adopted by the board of directors without shareholders action and shareholder action was not required.



cThe amendment(s) was/were adopted by the incorporators without shareholder action and shareholder action was not required.





Signed this30thday ofJune   ,       2005.







Signature /s/  Henry D. Fahman_____________________________________________

(By a director, president or other officer  if director or officers have not been selected, by an incorporator  if in the hands of a receiver, trustee, or other court appointed fiduciary by that fiduciary)





HENRY D. FAHMAN

(Typed or printed of person signing)



PRESIDENT

(Title of person signing)









FILING FEE: $35



Page 2 of 2
[No. 23470-3-III.

Division Three.

November 15, 2005.]

#### The State of Washington, *Respondent,*v. Kenneth R. Keeling, *Appellant.*

Appeal from a judgment of the Superior Court for Kittitas County, No. 04-1-00087-3, Michael E. Cooper, J., entered September 27, 2004. *Affirmed*by unpublished opinion per Kato, C.J., concurred in by Sweeney and Schultheis, JJ.
Exhibit 32.2


                          CFO 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 Focus  Enhancements,  Inc.  (the
"Company")  on Form 10-Q for the period ended March 31, 2004,  as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gary L.
Williams, 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
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 result of  operations of the
Company.

/s/ Gary L. Williams
-------------------------
Gary L. Williams
Chief Financial Officer
May 17, 2004

The foregoing  certification  is being  furnished  solely  pursuant to 18 U.S.C.
Section  1350.  A signed  original of this written  statement or other  document
authenticating,  acknowledging or otherwise  adopting the signature that appears
in typed form within the electronic version of this written statement,  required
by Section 906, has been provided to Focus Enhancements, Inc. and such statement
will be retained by Focus Enhancements, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.



                                       33
* 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 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-40438 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOHN DAVID STEVENSON, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-01-CR-1312-ALL

-------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM: * John David Stevenson was found guilty following a bench trial of possessing in excess of 100 kilograms of marijuana with intent to distribute it in violation of 21 U.S.C. § 841. Stevenson urges this court to reconsider the constitutionality of suspicionless roadblock stops in light of Justice Thomas’s dissent in City of Indianappolis v. Edmond , 531 U.S. 32, 56 (2000) (Thomas, J., dissenting). He also argues that 21 U.S.C. § 841 was rendered facially unconstitutional by Apprendi v. NewNo. 03-40438 -2- Jersey , 530 U.S. 466, 490 (2000) . Stevenson concedes that his arguments are foreclosed, and he raises the issues only to preserve them for possible further review. A panel of this court cannot overrule a prior panel’s decision in the absence of an intervening contrary or superseding decision by this court sitting en banc or by the United States Supreme Court. Burge v. Parish of St. Tammany , 187 F.3d 452, 466 (5th Cir. 1999). No such decision exists. Accordingly, Stevenson’s arguments are indeed foreclosed. 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 an appellee’s brief not be required. The motion is GRANTED.
AFFIRMED; MOTION GRANTED.
---

Exhibit
32.1








Certification
Pursuant to 18 U.S.C. Section 1350


(Adopted
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)








In
connection with the Quarterly Report on Form 10-Q of Stratus Properties Inc.
(the “Company”) for the quarter ending September 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), William H.
Armstrong III, as Chairman of the Board, President & Chief Executive Officer
of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his
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 operations of the Company.





Dated:  November
6, 2009








/s/
William H. Armstrong III


William
H. Armstrong III


Chairman
of the Board,


President
& Chief 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.





This
certification shall not be deemed filed by the Company for purposes of § 18 of
the Securities Exchange Act of 1934, as amended.
Exhibit
32.1




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350 AND EXCHANGE ACT RULES 13a-14(b)
AND 15d-14(b)




(Section 906
of the Sarbanes-Oxley Act of 2002)




In
connection with the Quarterly Report of Gulf Resources, Inc. on Form 10-Q for
the period ended March 31, 2010, as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), each of the undersigned do hereby
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that, to the best of his or her knowledge and
belief:




(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 the operation of the
Company.




Dated:
      May 11, 2010By:
            /s/
      Xiaobin LiuXiaobin
      LiuChief
      Executive Officer




Dated:
      May 11, 2010By:
            /s/
      Min LiMin
      LiChief
      Financial Officer
#### GENON WEST, L.P., formerly known as Reliant Energy, also known as Etiwanda, L.L.C., Petitioner-Cross-Respondent v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

No. 12-60041.

United States Court of Appeals, Fifth Circuit.

Dec. 14, 2012.

Dennis Paul Duffy, Esq., Baker Botts, L.L.P., Houston, TX, Evan A. Young, Attorney, Baker Botts, L.L.P., Austin, TX, for Petitioner-Cross-Respondent.

Linda Dreeben, Esq., Deputy Associate General Counsel, Ruth E. Burdick, National Labor Relations Board, Washington, DC, James J. McDermott, National Labor Relations Board, Los Angeles, CA, for Respondent>-Cross-Petitioner.

*363Before JOLLY, BENAVIDES, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The petitioner’s Petition for Review is DENIED. The order of the National Labor Relations Board is ENFORCED. *See*5th Cir. R. 47.6.

*

 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 Matter of the Claim of James L. Anthony, Respondent. Commissioner of Labor, Respondent.

[853 NYS2d 712]

Claimant worked for approximately one year as a delivery person for the employer, until January 2005, when an illness and transportation problems caused him to be absent for an extended period of time. While claimant was absent, the employer hired an additional delivery person to cover for claimant. Although claimant initially kept the employer informed regarding his health and availability to work, claimant did not contact the employer after January 17, 2005. In the first week of February 2005, claimant appeared unannounced at the employer’s site, but was not immediately offered an assignment. *1126Without requesting an assignment or otherwise inquiring into whether work was available, claimant assumed there was no work for him and left.

Indicating that he had been fired, claimant applied for and received unemployment insurance benefits. The Unemployment Insurance Appeal Board ultimately ruled that claimant had voluntarily left his employment without good cause, charged him with a recoverable overpayment, and reduced his right to future benefits upon a finding that he made willful false statements to obtain benefits. Claimant appeals.

Inasmuch as substantial evidence supports the Board’s decision, we affirm. The employer testified that continuing work was available for claimant upon his return, despite his failure to maintain regular contact throughout his absence. Although claimant testified that he believed that there was no work available for him due to the fact that the employer had hired another delivery person in his absence, claimant did not take reasonable steps to protect his employment by speaking to a supervisor about the availability of assignments or complaining about the potential reduction of his hours *(see Matter of Pregon [Commissioner of Labor],*32 AD3d 650, 650-651 [2006]; *Matter of Perez [Commissioner of Labor],*7 AD3d 906, 907-908 [2004]). Finally, inasmuch as claimant inaccurately indicated that he had been fired when, in reality, he effectively abandoned his job, we find no reason to disturb the Board’s decision to charge him with a recoverable overpayment and reduce his right to future benefits *(see Matter of Perez [Commissioner of Labor],*7 AD3d at 908).

Carpinello, J.P., Lahtinen, Kane, Malone Jr. and Kavanagh, JJ., concur. Ordered that the decision is affirmed, without costs.