alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 10236 Summary Calendar

NICHOLAS C. DANIELS; ROWENA DANIELS,

Plaintiffs

- Appellants

v.

FEDERAL HOME LOAN MORTGAGE CORPORATION, also known as Freddie Mac,

Defendant

- Appellee

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:14

- CV

- 31 2 9

Before REAVLEY, SMITH, and HAYNES, Circuit Judges

. PER CURIAM: *
The property of Appellants was sold after foreclosure in 2011, and
Appellants have sought judicial relief since

– but always without success.
They filed in state court that year a case removed to federal court and
dismissed in 2013 for failure to state a legal claim.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 October 22, 2015

Ly le W. Cayce Clerk Case: 15-10236 Document: 00513243161 Page: 1 Date Filed: 10/22/2015No. 15

- 10236

2 Federal Home Loan Mortgage Corporation brought forcible detainer suit
for possession of the pr operty, which eventually disposed of Appellant’s claim.

That state proceeding was interrupted when Appellants filed a suit that was
resolved, again for failure to state a claim, by the Fifth Circuit in 2014, and
then completed by the state court.
Regardin g the present suit as an attempt to set aside the state court’s
forcible detainer judgment, Appellants encounter the Rooker

- Feldman rule.
That is where the district court ended, and we must affirm that judgment.

AFFIRMED. Case: 15-10236 Document: 00513243161 Page: 2 Date Filed: 10/22/2015
##### 



EXHIBIT 31.1
 CERTIFICATION
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT
  1.
    
    I have reviewed this report on Form 10-Q of Health Fitness Corporation;2
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and for, the periods
presented in this report;4.
    
    The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the registrant and have:
    5.
    
    The registrants other certifying officer(s) and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or persons
performing the equivalent functions):
   /s/ Gregg O. LehmanGregg O. LehmanPresident and Chief Executive OfficerAugust 14, 2007
[Federal Register Volume 82, Number 170 (Tuesday, September 5, 2017)]
[Notices]
[Page 41950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18680]


=======================================================================
-----------------------------------------------------------------------

FEDERAL DEPOSIT INSURANCE CORPORATION


Notice to All Interested Parties of the Termination of the 
Receivership of 10516--The Bank of Georgia, Peachtree City, Georgia

    Notice is hereby given that the Federal Deposit Insurance 
Corporation (FDIC) as receiver for The Bank of Georgia, Peachtree City, 
Georgia (``the Receiver'') intends to terminate its receivership for 
said institution. The FDIC was appointed receiver of The Bank of 
Georgia on October 2, 2015. The liquidation of the receivership assets 
has been completed. To the extent permitted by available funds and in 
accordance with law, the Receiver will be making a final dividend 
payment to proven creditors.
    Based upon the foregoing, the Receiver has determined that the 
continued existence of the receivership will serve no useful purpose. 
Consequently, notice is given that the receivership shall be 
terminated, to be effective no sooner than thirty days after the date 
of this notice. If any person wishes to comment concerning the 
termination of the receivership, such comment must be made in writing 
and sent within thirty days of the date of this notice to: Federal 
Deposit Insurance Corporation, Division of Resolutions and 
Receiverships, Attention: Receivership Oversight Department 34.6, 1601 
Bryan Street, Dallas, TX 75201.
    No comments concerning the termination of this receivership will be 
considered which are not sent within this time frame.

    Dated: August 30, 2017.

Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2017-18680 Filed 9-1-17; 8:45 am]
 BILLING CODE 6714-01-P
EXHIBIT 11.0
   Three Months Ended June 30,
    
    
    Six Months Ended June 30,2008
    
    
    2007
    
    
    2008
    
    
    2007Net earnings, basic and diluted
    
    $
    362,700
    
    
    $
    173,004
    
    
    $
    687,412
    
    
    $
    684,671Weighted average common shares
outstanding, basic
    
    
    19,727,954
    
    
    
    19,702,693
    
    
    
    19,906,247
    
    
    
    19,508,107Common share equivalents relating to:Stock options
    
    
    251,290
    
    
    
    591,132
    
    
    
    363,257
    
    
    
    639,016Warrants
    
    
    5,493
    
    
    
    230,849
    
    
    
    12,268
    
    
    
    235,229Restricted stock
    
    
    
    
    
    
    33,333
    
    
    
    
    
    
    
    33,149Weighted average common shares
outstanding
    
    
    19,984,737
    
    
    
    20,558,007
    
    
    
    20,281,772
    
    
    
    20,415,501Net earnings per share:Basic
    
    $
    0.02
    
    
    $
    0.01
    
    
    $
    0.03
    
    
    $
    0.04Diluted
    
    $
    0.02
    
    
    $
    0.01
    
    
    $
    0.03
    
    
    $
    0.03Anti-dilutive stock options,
warrants and restricted stock not
included in the diluted earnings per
share computations
    
    
    3,107,899
    
    
    
    421,250
    
    
    
    2,971,330
    
    
    
    421,250
FILED: March 6, 2024

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT

___________________

No. 21-4434

___________________

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

v.

MARTIN WILLIAM LUTHER HAMILTON,

 Defendant – Appellant.

___________________

O R D E R

___________________

The court amends its opinion filed March 6, 2024, as follows:

On page 13, line 2 of the last paragraph, “Hobb’s Act robbery” is corrected to read 

“Hobbs Act robbery.”

For the Court—By Direction

/s/ Nwamaka Anowi, Clerk

USCA4 Appeal: 21-4434 Doc: 38 Filed: 03/06/2024 Pg: 1 of 1
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.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold a closed meeting on Thursday, August 31, 2017 at 2 p.m.

Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present.

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(7), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting.

Commissioner Piwowar, as duty officer, voted to consider the items listed for the closed meeting in closed session.

The subject matters of the closed meeting will be:

Institution and settlement of injunctive actions;

Institution and settlement of administrative proceedings;

Adjudicatory matters;

Resolution of litigation claims; and

Other matters relating to enforcement proceedings.

At times, changes in Commission priorities require alterations in the scheduling of meeting items.

For further information and to ascertain what, if any, matters have been added, deleted or postponed; please contact Brent J. Fields from the Office of the Secretary at (202) 551-5400.

Dated: August 24, 2017.

Brent J. Fields, 

Secretary.

[FR Doc. 2017-18350 Filed 8-25-17; 11:15 am]

 BILLING CODE 8011-01-P
Exhibit 32.1


        CERTIFICATION PURSUANT TO RULE 13a-14(b) OF THE EXCHANGE ACT AND
         18 U.S.C. SECTION 1350, AS ENACTED PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002

         In connection with the filing of Zunicom, Inc. and Subsidiary (the
"Company") Quarterly Report 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"),I, William Tan, President and Chief Executive Officer of the Company,
certify, pursuant to Rule 13a-14(b) of the Exchange Act and 18 U.S.C. (SS) 1350,
as enacted 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 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,


/s/ William Tan
--------------------
William Tan
President and Chief Executive Officer
(principal executive officer)

May 14, 2008



























                                Exhibit 32.1 - 1
Opinion filed July 8, 2010

In The

Eleventh Court of Appeals 

__________

No. 11-10-00164-CR

__________

ROSALIO CARRERA, Appellant

V.

STATE OF TEXAS, Appellee

On Appeal from the 238th District Court

Midland County, Texas

Trial Court Cause No. CR35132

M E M O R A N D U M O P I N I O N

The trial court convicted Rosalio Carrera, upon his plea of guilty, of indecency with a 

child. Pursuant to the plea bargain agreement, the trial court sentenced appellant to confinement 

for two years. We dismiss the appeal.

The trial court imposed the sentence in open court on January 13, 2010. On June 10, 

2010, appellant filed a pro se notice of appeal. This court notified the parties that the notice of 

appeal was not timely and directed appellant to file a response showing grounds for continuing 

the appeal. Appellant has filed a response.
2

In his response, appellant contends that he was interviewed without properly being 

informed of his rights, that he was not appointed a bilingual attorney, that the evidence was 

questionable because his son-in-law was a drug user, that the prosecutor had him sign a 

document outside the presence of his attorney, that he had been held in violation of his right to a 

speedy trial, that he only signed the plea bargain agreement to be released from incarceration, 

that his plea was not voluntary, and that he has been denied due process of law. Appellant does 

not address the untimeliness of his notice of appeal or whether this court’s jurisdiction has been 

invoked.

Absent a timely notice of appeal or compliance with TEX. R. APP. P. 26.3, this court lacks 

jurisdiction to entertain an appeal. Slaton v. State, 981 S.W.2d 208, 209-10 (Tex. Crim. App. 1998); 

Olivo v. State, 918 S.W.2d 519, 522-24 (Tex. Crim. App. 1996); Rodarte v. State, 860 S.W.2d 108,

109-10 (Tex. Crim. App. 1993); Shute v. State, 744 S.W.2d 96, 97 (Tex. Crim. App. 1988). 

Appellant may be able to secure an out-of-time appeal by filing a postconviction writ pursuant to 

TEX. CODE CRIM. PROC. ANN. art. 11.07 (Vernon 2009).

The appeal is dismissed.

PER CURIAM

July 8, 2010

Do not publish. See TEX. R. APP. P. 47.2(b).

Panel consists of: Wright, C.J.,

McCall, J., and Strange, J.
----

**Exhibit      10.6**

**DEVELOPMENT      AGREEMENT GUARANTY**

***[REMAINDER      OF PAGE INTENTIONALLY BLANK]***

**EXHIBIT      A**
<PAGE>   1



                                                                   Exhibit 11.01

                                   STAC, INC.
                        COMPUTATION OF EARNINGS PER SHARE
               (in thousands, except per share amounts; unaudited)

<TABLE>
<CAPTION>
                                                Three Months              Six Months
                                                Ended March 31,           Ended March 31,
                                                ---------------           ---------------
                                               1997        1996          1997        1996
                                               ----        ----          ----        ----
<S>                                          <C>          <C>          <C>          <C>      
Primary earnings (loss) per share:

Net income (loss)                            $  1,280     $  3,062     $  3,484     $ (6,118)

Less preferred dividends                           --           --           --          168
                                             --------     --------     --------     --------

Income (loss) available for common
 shareholders'                               $  1,280     $  3,062     $  3,484     $ (6,286)
                                             ========     ========     ========     ========

Common and common stock
 equivalent shares outstanding                 31,113       31,361       31,148       29,498


Primary earnings (loss) per share            $   0.04     $   0.10     $    .11     $  (0.21)


Fully diluted earnings (loss) per share:

Net income (loss)                            $  1,280     $  3,062     $ 22,520     $ (6,118)

Less preferred dividends                           --           --           --           --
                                             --------     --------     --------     --------

Income (loss) available for common           $  1,280     $  3,062     $ 22,520     $ (6,118)
                                             ========     ========     --------     ========
 shareholders'

Common and common stock
 equivalent shares outstanding                 31,113       31,360       31,148       30,500


Fully diluted income (loss) per share        $   0.04     $   0.10     $   0.11     $  (0.20)
</TABLE>



                                       17
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

BAMBI E. BENNETT, )

)

Appellant, )

)

v. ) Case No. 2D17-2651

)

JORGE SANCHEZ, )

)

Appellee. )

________________________________ )

Opinion filed April 11, 2018.

Appeal from the Circuit Court for Sarasota

County; George K. Brown, Jr., Judge.

Julius Adams of The Ticktin Law Group,

PLLC, Deerfield Beach, for Appellant.

Laurie B. Sams of Van Winkle & Sams,

P.A., Sarasota, for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.
No. 1238.

#### George F. Fish, Inc. et al. *v.*United States.

June 10, 1946.

*Lewis F. Glaser*for petitioners.

*Solicitor General McGrath, Robert S. Erdahl, Beatrice Rosenberg, Milton Klein*and *Irving M. Gruber*for the United States.

Petition for writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied.
Presidential Documents

40667 

Federal Register 

Vol. 82, No. 165 

Monday, August 28, 2017 

Title 3— 

The President 

Presidential Determination No. 2017–10 of July 21, 2017 

Continuation of U.S. Drug Interdiction Assistance to the Government of Colombia 

Memorandum for the Secretary of State[ and] the Secretary of Defense 

By the authority vested in me as President by the Constitution and the 

laws of the United States, and pursuant to the authority vested in me 

by section 1012 of the National Defense Authorization Act for Fiscal Year 

1995, as amended (22 U.S.C. 2291–4), I hereby certify, with respect to 

Colombia, that: (1) interdiction of aircraft reasonably suspected to be primarily engaged in illicit drug trafficking in that country’s airspace is necessary, because of the extraordinary threat posed by illicit drug trafficking 

to the national security of that country; and (2) Colombia has appropriate 

procedures in place to protect against innocent loss of life in the air and 

on the ground in connection with such interdiction, which includes effective 

means to identify and warn an aircraft before the use of force is directed 

against the aircraft. 

The Secretary of State is authorized and directed to publish this determination in the Federal Register and to notify the Congress of this determination. 

THE WHITE HOUSE, 

Washington, July 21, 2017 

[FR Doc. 2017–18291 

Filed 8–25–17; 8:45 am] 

Billing code 4710–10–P 


asabaliauskas on DSKBBXCHB2PROD with O0Trump.EPS</GPH>
Exhibit
10.42

    


    AMENDMENT
NUMBER TWO TO

    SALARY
CONTINUATION AGREEMENT

    


    This
Amendment Number Two is made as of December 30, 2008, to the Salary Continuation
Agreement dated as of June 29, 2007 (the “Agreement”), by and between Southern
Community Bank and Trust and James C. Monroe (“Executive”).

    


    1.  The
Agreement is amended by adding the following Paragraph:

    


    “7.15.   Compliance
with ESSA. To the extent that any payment under this Agreement would
constitute a prohibited parachute payment under Section 111(b)(2)(C) of the
Emergency Economic Stabilization Act of 2008 (“EESA”), the Bank agrees to pay
Executive an additional payment equal to the prohibited payment on July 1, 2012,
or if later, the earliest date when Section 111(b)(2)(C) of EESA no longer
prohibits such payment.  Such payment shall be made in a single lump
sum in cash, without interest.  The Executive may be entitled to
severance payments from multiple agreements and plans with the
Bank.  The Bank, it its sole discretion, shall determine which
payments shall be delayed in order to comply with
ESSA.   Notwithstanding anything in this paragraph to the
contrary, the additional amounts due under the Agreement shall not be paid if
the Treasury Department or other governmental agency issues guidance subsequent
to the date of this Agreement that would prohibit such payment.  A
prohibited parachute payment shall be interpreted in a manner that is consistent
with Notice 2008-TAAP, Notice 2008-94 and all other current or future guidance
issued  pursuant to Section 111(b)(2)(C) of EESA or Section 280G(e) of
the Internal Revenue Code of 1986, as amended.”

    


    2.  No
other terms and conditions of the Agreement are affected by this
Amendment.

    


    IN WITNESS WHEREOF, the
parties have executed this Amendment as of the day and year first written
above.

    


    
      
        	
                SOUTHERN
      COMMUNITY BANK AND TRUST

              
	 
      
	
                By:

              	
                /s/ Jeff T. Clark

              
	 
      	
                Jeff
      T. Clark, President

              
	 
      


      

    

    
      
        	
                EXECUTIVE

              
	 
      
	
                /s/ James C. Monroe

              	
                (SEAL)

              
	
                James
      C. Monroe
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket Nos. RD16-10-000, RD17-5-000, and IC17-6-000 (FERC-725E)]

On August 15, 2017, the Commission issued a Notice of revised information collection and request for comments on FERC-725E (Mandatory Reliability Standards for the Western Electric Coordinating Council), in Docket Nos. RD16-10-000, RD17-5-000, and IC17-6-000. This Errata Notice corrects multiple figures on page 13, in the table labeled FERC-725E, Mandatory Reliability Standards for the Western Electric Coordinating Council, Changes in Docket No. RD17-5-000.

All of the changes described here occur in two separate rows under the column labeled Total Annual Burden Hours & Total Annual Cost ($) (3)*(4)=(5).: The entry in the row labeled Net Burden Change in Year 1 (Due to Docket RD17-5) should be changed from +252 hrs. (increase) to +252 hrs.; $2,993.40 (increase). The entry in the row labeled Net Burden Change in Year 2 and ongoing (Due to Docket RD17-5) should be changed from the −621 hrs. (decrease) to +873 hrs.; $53,884.47 (increase).

Dated: August 22, 2017.

Kimberly D. Bose,

Secretary.

[FR Doc. 2017-18237 Filed 8-28-17; 8:45 am]

 BILLING CODE 6717-01-P
<PAGE>

                                                                    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 of Encysive Pharmaceuticals Inc.
(the "Company") on Form 10-Q for the quarter ended June 30, 2004 (the "Report"),
as filed with the Securities and Exchange Commission on the date hereof, I,
Bruce D. Given, M.D., President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

      1. The Report fully complies with the requirements of section 13(a) or
15(d) of the Securities Exchange Act of 1934, 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.

/s/  Bruce D. Given, M.D.
-----------------------------------------
Bruce D. Given, M.D.
President and Chief Executive Officer

July 29, 2004

A signed original of this written statement required by Section 906 has been
provided to Encysive Pharmaceuticals Inc. and will be retained by Encysive
Pharmaceuticals Inc. and furnished to the Securities and Exchange Commission or
its staff upon request.