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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-1784

STEPHANIE ATCHLEY,

Plaintiff - Appellant,

versus

BAPTIST HOSPITAL AND MEDICAL CENTER, and persons of Baptist Hospital and Medical Center;

LEN PRESLAR, Administrator; JOHN WILLIAMS,

Chief of Security; J. T. MOSER, Security;

GEORGE JACOBS, Head of Security; WOMBLE,

CARLYLE, SANDRIDGE AND RICE LAW FIRM; TONY

BRETT, Attorney; KENNETH MOSER, Attorney,

Defendants - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Durham. Frank W. Bullock, Jr., District

Judge. (CA-99-1143-1)

Submitted: August 30, 2000 Decided: September 6, 2000

Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Stephanie Atchley, Appellant Pro Se. Robert Andrew Ford, Demetrius

L. Worley, TUGGLE, DUGGINS & MESCHAN, P.A., Greensboro, North Carolina; William Cranford Raper, WOMBLE, CARLYLE, SANDRIDGE & RICE,

Charlotte, North Carolina, for Appellees.
2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Stephanie Atchley appeals the district court’s order dismissing her civil rights complaint for failing to state a claim under

Rule 12(b)(6) of the Federal Rules of Civil Procedure. Atchley

filed a complaint against Baptist Hospital and Medical Center

(“Hospital”), several of its employees, and attorneys representing

the hospital, claiming that she was improperly barred from using

the hospital’s chapel. We have reviewed the record and the district court’s memorandum opinion and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. See

Atchley v. Baptist Hosp. No. CA-99-1143-1 (M.D.N.C. May 17, 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.

AFFIRMED
FILED U.S. COURT OF AP PEALS ELEV ENT HC IR C U IT MAY 22 , 2006 THOMAS K. KAHN CLERK [ DO NO T P UB L I S H] I N THE UN I TE D STATE S C OU RT OF APPE ALS F O R T H E E L E V E N T H C IR C U IT

________________________ N o. 05- 14275 N on -A rgum entC al endar

________________________ D . C. D o c k e tN o . 0 4 - 0 0 0 5 1 - CR- 4 - RH - W CS U N I T E D S T A T E S O F A M E R I C A , P la in tif f- A p p e lle e , v ersu s N I C H O L A S B R Y A N T , D e fe n d a n t- A p p e lla n t.

________________________ A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt forthe N or the r n D i s tr i c tof F l or i da

_________________________ ( M ay 22, 2006) B efo re C A R N E S , B A R K E T T , an d P R Y O R , C i rcu i tJu d g es. P E R C U R I A M: N ic h o la s B r y a n t a p p e a ls h is c o n v ic tio n s fo r : ( 1 ) c o n s p ir a c y to p o s s e s s w ith2

in te n t to d is tr ib u te m a r iju a n a , in v io la tio n o f 2 1 U .S .C . § 8 4 6 ; ( 2 ) p o s s e s s io n w ith i nt e ntt o di s tr i but e m a r i

j ua na , i n vi ol a t i on of

21 U . S . C . § 841( a ) ( 1) , ( b) ( 1) ( D ) ; a nd ( 3) pos s e s s i on of

af i r e a r m i n f

ur the r a nc e of

dr ug tr a f

f i c ki ng, i n vi ol a t i on of

18 U . S . C . § 924( c ) ( 1) ( A ) ( i ) . O n a ppe a l , B r y a nta r gue s tha thi s m ot i on t o s uppr e s s the e v id e n c e , w h ic h w a s s e iz e d f r o m h is h o u s e p u r s u a n t to as e a r c h w a r r a n t, s h o u ld h a v e b e e n g r a n te d b e c a u s e : ( 1 ) th e r e w a s n o r e fe r e n c e in th e w a r r a n t a f f id a v it to the c onf i de nt i a l i nfor m a nt ’ s ( C I ) ve r a c i t y , r e l i a bi l i ty , orpr i orus e ; ( 2) the a f f i a nt m ade are ckl es sl y fal se st at em entw hen h e s ai d t hathe had reas on t o b el i eve that

“ i l l egal narc ot i cs ar e bei ng keptand sol d” atB ry ant ’ s r es i dence; and (3) there w as no com pet entevi dence t o sho w on go i ng drug ac t i vi t y or thatB ry antw as conn ec t ed to it f r o m p o lic e s u r v e illa n c e o f a n o th e rin d iv id u a l. W e r e vi e w the di s tr i c tc our t ’ s de t e r m i na t i on tha ta n a f f i da vi tc ont a i ns pr oba bl e c a us e de novo a nd i t s f i ndi ngs of

fa c tforc l e a re r r or . U ni t e d S t a t e s v. J i m i ne z , 224 F . 3d 1243, 1248 ( 11th C i r . 2000) . W e gi ve due de fe r e nc e t o the in fe r e n c e s th a t th e d is tr ic t c o u r t a n d la w e n fo r c e m e n t o f f ic e r s d r e w f

r o m th e fa c ts . I d . B ased u p o n th i s reco rd w e can n o tsay th atth e d i stri ctco u rterred . B ecau se there w as suff

i ci entcorr ob orati ng i nform ati on thatw as no tst al e i n t he se ar ch w a r r a nta f

f i da vi tt o s uppor taf

i ndi ng of pr oba bl e c a us e , e ve n a s s um i ng a r gue ndo3

tha tthe r e w a s fa l s i t y i n the of f i c e r ’ s s t a t e m e nt , the di s tr i c tc our tdi d note r rby d en yi n g B ryan t ’ s m o t i o n t o su p p ress. AF F I RME D.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             704
<SECURITIES>                                       333
<RECEIVABLES>                                   17,739
<ALLOWANCES>                                     6,792
<INVENTORY>                                     11,654
<CURRENT-ASSETS>                                25,213
<PP&E>                                          19,976
<DEPRECIATION>                                  17,626
<TOTAL-ASSETS>                                  30,217
<CURRENT-LIABILITIES>                           22,228
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        62,147
<OTHER-SE>                                    (54,158)
<TOTAL-LIABILITY-AND-EQUITY>                    30,217
<SALES>                                         37,978<F1>
<TOTAL-REVENUES>                                37,978
<CGS>                                           30,350<F2>
<TOTAL-COSTS>                                   30,350
<OTHER-EXPENSES>                                37,551
<LOSS-PROVISION>                                   647
<INTEREST-EXPENSE>                                 398
<INCOME-PRETAX>                               (30,237)
<INCOME-TAX>                                       448
<INCOME-CONTINUING>                           (30,685)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (30,685)
<EPS-BASIC>                                     (1.85)
<EPS-DILUTED>                                   (1.85)
<FN>
<F1>Includes revenues from licensing of software and support services
<F2>Includes costs from licensing of software and support services
</FN>


</TABLE>
Fourth Court of Appeals

San Antonio, Texas

August 29, 2014

No. 04-14-00576-CV

ESTATE OF DELFINA E. ALEXANDER, DECEASED,

From the County Court at Law No 2, Webb County, Texas

Trial Court No. 2013-PBA-000133-L2

Honorable Jesus Garza, Judge Presiding

O R D E R

Sitting: Sandee Bryan Marion, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez, Justice

Appellants filed a Joint Notice of Appeal from an Order Granting Motion for 

Appointment of Appellate Counsel in Trial Cause Number 2013PBA000133L2. It appears this 

court does not have jurisdiction to consider an appeal from this order. See In the Guardianship 

of Glasser, 297 S.W.3d 369 (Tex. App.—San Antonio 2009, no pet.); In the Matter of the Estate 

of Levinson, No. 04-08-00782-CV; 04-08-00929-CV; 04-09-00092-CV, 2009 WL 3400935 

(Tex. App.—San Antonio Oct. 21, 2009, no pet.) (mem. op.).

Accordingly, if appellants do not agree with this court’s initial review of its jurisdiction, 

appellants are hereby ORDERED to show cause in writing no later than September 12, 2014 why 

this appeal should not be dismissed for lack of jurisdiction. If appellants do not respond by 

September 12, 2014, this appeal is subject to dismissal for lack of jurisdiction. 

All other appellate deadlines in this appeal are ABATED pending this court’s 

determination of its jurisdiction.

_________________________________

Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 29th day of August, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S BALANCE SHEETS STATEMENT OF INCOME AND STATEMENTS OF CASH FLOW AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                               12,000,902
<ALLOWANCES>                                   550,000
<INVENTORY>                                  1,517,179
<CURRENT-ASSETS>                            14,838,023
<PP&E>                                     124,477,168
<DEPRECIATION>                              74,869,328
<TOTAL-ASSETS>                              79,695,628
<CURRENT-LIABILITIES>                        8,913,939
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        54,760
<OTHER-SE>                                  32,254,225
<TOTAL-LIABILITY-AND-EQUITY>                79,695,628
<SALES>                                      3,793,694
<TOTAL-REVENUES>                            45,488,863
<CGS>                                        2,967,269
<TOTAL-COSTS>                               23,540,782
<OTHER-EXPENSES>                             1,130,372
<LOSS-PROVISION>                               337,078
<INTEREST-EXPENSE>                           2,295,565
<INCOME-PRETAX>                              4,307,581
<INCOME-TAX>                                 1,941,000
<INCOME-CONTINUING>                          2,366,581
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,366,581
<EPS-PRIMARY>                                      .42
<EPS-DILUTED>                                      .42
        

</TABLE>
Exhibit 32.1
 GENERAL CABLE CORPORATION
CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
Pursuant To 18 U.S.C. Section 1350, As Adopted Under
Section 906 Of The Sarbanes-Oxley Act Of 2002
  1)
    
    The Report fully complies with the requirements of section
13(a) or 15(d)
of the Securities Exchange Act of 1934; and2)
    
    The information contained in the Report fairly presents, in
all material
respects, the financial condition and results of operations of the Company.
 Date:  August 12, 2009
    /s/ GREGORY B. KENNYGregory B. KennyChief Executive OfficerDate:  August 12, 2009
    /s/ BRIAN J. ROBINSONBrian J. RobinsonChief Financial Officer
| (1)   | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act; and |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| BY:         |                      /s/ Edward                    Stiften                                          Edward                      StiftenSenior                      Vice President and Chief Financial OfficerExpress                      Scripts, Inc. |   |
|-------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
| Date:  |  April                    23, 2007                                                                                                                                                                                                                                                                                                                                                                                                                                   |   |
IV 

108TH CONGRESS 

1ST SESSION H. RES. 304

Expressing the sense of the House of Representatives regarding United States 

citizens adopting children from the People’s Republic of China. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2003

Mrs. NORTHUP submitted the following resolution; which was referred to the 

Committee on the Judiciary 

RESOLUTION

Expressing the sense of the House of Representatives regarding United States citizens adopting children from the 

People’s Republic of China.

Whereas United States citizens adopt more children from 

abroad than the citizens of all other countries combined; 

Whereas the number of foreign children adopted annually by 

United States citizens has more than doubled in the last 

decade from 6,472 to 20,099; 

Whereas, over the previous 5 years, twenty-three thousand 

ninety-four children, the largest number of international 

adoptions in the United States are from China; 

Whereas U.S. citizens are required by 8 C.F.R. 204.3(a) to 

obtain an I–171 approval issued by the Department of 

Homeland Security, Bureau of Immigration and Customs 
2

HRES 304 IH 

Services (formerly Immigration and Naturalization Services) in order to seek adoption of a child from China; 

Whereas the Chinese Center for Adoption Affairs, due to the 

Severe Acute Respiratory Syndrome epidemic, suspended 

the referral of orphans and travel to China to complete 

adoptions on May 15, 2003, and resumed said activities 

on June 24, 2003; 

Whereas the eighteen-month approval of I–171 forms has expired or will soon expire for adoptive individuals and families during the interim period that the Chinese government ceased the issuance of authorization for travel to 

these U.S. citizens who had previously obtained a referral 

of an orphan as well as the new referral of orphans for 

adoption; and 

Whereas the time and costs associated with the process for 

I–171 approval is extensive and may prove prohibitive for 

U.S. citizens in the final days of their adoption procedure: Now, therefore, be it

1 Resolved by the House of Representatives, That 

2 (a) the House of Representatives—

3 (1) commends the efforts of United States citi4 zens seeking to provide a home for orphan children; 

5 and 

6 (2) encourages the adoption of these children 

7 from countries characterized by need or extreme 

8 poverty and political or social instability. 

9 (b) It is the Sense of the House of Representatives 

10 that the Secretary of Homeland Security and the Director 
3

HRES 304 IH 

1 of the Bureau of Citizenship and Immigration Services 

2 should provide—

3 (1) a 60-day extension of approval for U.S. citi4 zens directly affected by the cessation of travel au5 thorization by the China Center for Adoption Af6 fairs; and 

7 (2) immediate notification to the families af8 fected by this extension.

Æ
<PAGE>

                        Zenith National Insurance Corp.
                         Executive Officer Bonus Plan

1.   DEFINED TERMS

          "Company" shall mean Zenith National Insurance Corp. and any successor
thereto.

          "Company Combined Ratio" for any fiscal year shall mean the total
combined ratio of the Zenith National Insurance Group for such fiscal year as
determined from the consolidated statutory financial statements of the property
and casualty insurance subsidiaries of the Zenith National Insurance Group.

          "Industry Combined Ratio" for any fiscal year shall mean the combined
ratio for the insurance industry, as a whole, based on statutory financial
statements for such fiscal year.

          "executive officer" shall have the meaning given thereto in Regulation
S-K promulgated under the Securities Act of 1933, as amended.

2.   AMOUNT OF BONUS

          If the Company Combined Ratio is at least three percentage points, but
less than five percentage points below the Industry Combined Ratio (as published
or announced by any independent organization prior to the last day of the third
month of the following year) for any fiscal year, then each executive officer
shall be paid a bonus for such fiscal year in an amount equal to 100% of such
executive officer's base salary in effect at the beginning of such fiscal year,
which bonus amount shall, on a case by case basis, be subject to reduction or
elimination in the sole discretion of the Performance Bonus Committee of the
Board of Directors of the Company.

          If the Company Combined Ratio is at least five percentage points below
the Industry Combined Ratio (as published or announced by any independent
organization prior to the last day of the third month of the following year) for
any fiscal year, then each executive officer shall be paid a bonus for such
fiscal year in an amount equal to 150% of such executive officer's base salary
in effect at the beginning of such fiscal year, which bonus amount shall, on a
case by case basis, be subject to reduction or elimination in the sole
discretion of the Performance Bonus Committee of the Board of Directors of the
Company.
EXHIBIT 99.3

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the use of our reports dated February 27, 2014 with respect to the consolidated financial statements of Talisman
Energy Inc., which comprise the consolidated balance sheets as at December 31, 2013 and 2012, and the consolidated statements of income (loss), comprehensive income (loss), changes in
shareholders' equity and cash flows for the years ended December 31, 2013, 2012 and 2011, and a summary of significant accounting policies and other explanatory information, and the
effectiveness of internal control over financial reporting of Talisman Energy Inc. as at December 31, 2013, included in an exhibit to the Annual Report (Form 40-F) for the year
ended December 31, 2013.

We
also consent to the incorporation by reference in (i) the Registration Statement (Form S-8 No. 333-178449) pertaining to the Employee Stock Option Plan and
Director Stock Option Plan of Talisman Energy Inc., (ii) the Registration Statement (Form S-8 No. 333-154924) pertaining to the Corporate Strategy Implementation
Recognition Program of Talisman Energy Inc., (iii) the Registration Statement (Form S-8 No. 333-178450) pertaining to the Performance Share Unit Plan for Eligible Employees
of Talisman Energy Inc. and its Affiliates, and (iv) the shelf Registration Statement (Form F-10 No. 333-180401), of our reports dated February 27, 2014, with
respect to the consolidated financial statements of Talisman Energy Inc., which comprise the consolidated balance sheets as at December 31, 2013 and 2012, and the consolidated statements
of income (loss), comprehensive income (loss), changes in shareholders' equity and cash flows for the years ended December 31, 2013, 2012 and 2011, and a summary of significant accounting
policies and other explanatory information, and the effectiveness of internal control over financial reporting of Talisman Energy Inc. as at December 31, 2013, included in an exhibit to
the Annual Report (Form 40-F) for the year ended December 31, 2013.

/s/
"Ernst & Young LLP"

Calgary,
Canada
February 27, 2014

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EXECUTION COPY
 CMS ENERGY
FOURTH AMENDED AND RESTATED PLEDGE AND SECURITY AGREEMENT
  Security Agreement ),  Grantor ), ( CUSA ),  Collateral Agent )  Lenders )
   Existing Security Agreement ),  Existing Credit Agreement ).
  Credit Agreement ).
     
 Terms Defined in Credit Agreement.
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Terms Defined in New York Uniform Commercial Code
 Definitions of Certain Terms Used Herein
 Accounts
 Article
 Collateral
 Control
 Default
 Event of Default
 Exhibit
 Investment Property
 Lenders
 New York UCC
 Permitted Liens
 Section
 Secured Obligations
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Secured Parties
 Security
 Stock Rights
  
  
  Title, Authorization, Validity and Enforceability
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Conflicting Laws and Contracts
 Type and Jurisdiction of Organization
 Pledged Securities
 
  General
 Inspection
 Records and Reports
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Financing Statements and Other Actions; Defense of Title
 Change in Corporate Existence, Type or Jurisdiction of Organization, Location,
Name
 Securities
 Stock and Other Ownership Interests
 Voting Rights and Dividends
 Rights Prior to Default
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Rights During Default
 provided
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Default
 Acceleration and Remedies
    
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provided Insolvency Event Intercompany
Indebtedness
 
 Secured Party Performance of Grantors Obligations
 Authorization for Secured Party to Take Certain Action
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Benefit of Agreement
 Survival of Representations
 Taxes and Expenses
 Headings
 CHOICE OF LAW . SUBMISSION TO JURISDICTION
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Indemnity
 Addresses for Notices
 Continuing Security Interest; Assignments under Credit Agreement.
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WAIVER OF JURY TRIAL. THE GRANTOR AND THE COLLATERAL AGENT EACH HEREBY
IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT
OF OR RELATING TO THIS SECURITY AGREEMENT OR ANY OTHER LOAN DOCUMENT, OR ANY OTHER INSTRUMENT OR
DOCUMENT DELIVERED HEREUNDER OR THEREUNDER
 No Novation
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CMS ENERGY CORPORATIONBy:

/s/
Laura L. MountcastleTitle: Vice President and Treasurer AGREED AND ACKNOWLEDGED: CITICORP USA, INC., as Collateral AgentBy:Title: Signature Page to
Fourth Amended and Restated Pledge Agreement
(CMS Energy)




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CMS ENERGY CORPORATIONBy:Title: AGREED AND ACKNOWLEDGED: CITICORP USA, INC., as Collateral AgentBy:
    /s/ AMIT VASANIAMIT VASANITitle:
    Vice President Signature Page to
Fourth Amended and Restated Pledge Agreement
(CMS Energy)




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1
  Issuer
    
    Certificate Number
    
    Number of Shares
    
    Percentage Ownership InterestConsumers Energy
Company
    
    
    04
    
    
    
    84,108,789
    
    
    
    100
    %
  Obligor
    
    Amount
    
    
    Interest Rate
    
    
    MaturityNone
 
 Issuer
    
    Description of Collateral
    
    
    Percentage Ownership InterestNone
 
 1
    
    CMS to confirm. A-1




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B-1