alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 15, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-51383 Summary Calendar

ROBERT G. HART, Plaintiff-Appellant,

versus KENNETH HAIRSTON; KARL THOMAS, Major; JIMMY D. CRAIG, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. W-01-CV-151

-------------------- Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: * The district court has certified that the captioned appeal has not been taken in good faith, pursuant to 28 U.S.C. § 1915(a)(3) and F ED . R. A PP . P. 24(a), and that Texas prisoner Robert G. Hart (# 769108) should not be allowed to proceed in forma pauperis (“IFP”) on appeal. Hart has filed a motion to proceed IFP on appeal, a pleading which this court construes as a motion challenging the district court’s certification decision.
See Baugh v. Taylor , 117 F.3d 197, 202 (5th Cir. 1997).No. 03-51383 -2- Hart avers that his case presents exceptional circumstances because he is indigent, has no legal training, and is hindered from investigating his case due to his incarceration in a maximum security prison. Hart has raised legal points that are arguable on their merits. Thus, Hart’s motion for leave to proceed IFP is
GRANTED. See Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983). However, the denial of Hart’s motion for appointment of counsel is AFFIRMED as he has not shown exceptional circumstances warranting the granting of such a motion. See Ulmer v. Chancellor , 691 F.2d 209, 212 (5th Cir. 1982).
IFP GRANTED; AFFIRMED.
EXHIBIT 32.2



CERTIFICATION OF
PRINCIPAL ACCOUNTING OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Brian Moon, Chief Financial Officer of Freedom
Leaf Inc. (the "Company"), certify, pursuant to 18 U.S.C. Section 1350 adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:



| | (1) | the Annual Report on Form 10-K of the Company for the year ended June 30, 2019 (the "Report")
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
and
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|Date: November 14, 2019 | By: | /s/ Brian Moon                                                                                               
|----------------------- | --- | -------------------------------------------------------------------------------------------------------------
|                        |     | Chief Financial Officer
                                                       (Principal Accounting Officer)
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED FINANCIAL STATEMENTS FOUND ON PAGES 3 THROUGH 5 OF THE
COMPANY'S FORM 10 Q FOR THE PERIOD ENDED SEPTEMBER 30, 1999 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          13,719
<SECURITIES>                                         0
<RECEIVABLES>                                  277,101
<ALLOWANCES>                                    20,280
<INVENTORY>                                          0
<CURRENT-ASSETS>                               316,160
<PP&E>                                          98,994
<DEPRECIATION>                                  21,784
<TOTAL-ASSETS>                                 469,798
<CURRENT-LIABILITIES>                          315,210
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                    (27,301)
<TOTAL-LIABILITY-AND-EQUITY>                   469,798
<SALES>                                      1,161,119
<TOTAL-REVENUES>                             1,161,119
<CGS>                                          880,442
<TOTAL-COSTS>                                  922,758
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              18,462
<INCOME-PRETAX>                                  7,377
<INCOME-TAX>                                    35,261
<INCOME-CONTINUING>                           (27,884)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (27,884)
<EPS-BASIC>                                    (13.88)
<EPS-DILUTED>                                  (13.88)


</TABLE>
<PAGE>
 
                                                                    EXHIBIT 11.1


                           ENSEC INTERNATIONAL, INC.
             STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS

<TABLE>
<CAPTION>
 
 
                                                         NINE MONTHS ENDED                        THREE MONTHS ENDED
                                                            SEPTEMBER 30                             SEPTEMBER 30   
                                                      1997               1996                 1997                   1996  
                                                  -----------         -----------          ----------            -----------
 
<S>                                               <C>                 <C>                  <C>                   <C>
Loss from operations                              $(1,479,786)        $(4,142,048)         $ (255,404)           $(2,047,464)
                                                  -----------         -----------          ----------            -----------
 
Weighted average shares outstanding                 5,656,250           3,507,778           5,656,250              3,523,166
 
Common stock equivalents (1)                           77,500             177,500              77,500                177,500
                                                  -----------         -----------          ----------            -----------
 
Total weighted average common stock
  equivalents outstanding                           5,733,750           3,685,278           5,733,750              3,700,166
                                                  ===========         ===========          ==========            ===========
 
Loss per common share:                            $      (.26)        $     (1.12)         $     (.05)           $      (.55)
                                                  ===========         ===========          ==========            ===========
</TABLE>


(1)  In accordance with SAB Topic 4(D), the weighted average common stock
     equivalents include options and warrants issued within one year of the
     Company's initial public offering with exercise prices below $6.00 per
     share for all periods presented as calculated under the treasury stock
     method.
* 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 July 13, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-51263 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OSCAR JAVIER CABALLERO-VALDIVIA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-313-ALL

-------------------- Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Oscar Javier Caballero-Valdivia raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ERIC R. WILLIAMS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 823 MAL 2017

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 8th day of May, 2018, the Petition for Allowance of Appeal is 

DENIED.
**Exhibit
      32.1**





Certification
      of President


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


As
      Adopted Pursuant to Section 906 of the


Sarbanes
      - Oxley Act of 2002





I,
      Paul
      M. Leand, President of PLM Financial Services, Inc., do hereby certify, pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:





(i)  The
      Form
      10-KSB of PLM Equipment Growth Fund V Liquidating Trust (the Trust) for the
      period June 30, 2006 (inception) through December 31, 2006, (the Report) fully
      complies with the requirements of Section 13(a) of the Securities Exchange
      Act
      of 1934, (15 U.S.C. 78m), and





(ii)  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Trust.





Dated:
      March 26, 2007





/s/ Paul
      M. Leand


Paul
      M.
      Leand


President
      of PLM Financial Services, Inc.


March
      26,
      2007








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





This
      certification accompanies the Form 10-KSB to which it relates, is not deemed
      filed with the Securities and Exchange Commission and is not to be incorporated
      by reference into any filing of the Registrant under the Securities Act of
      1933
      or the Securities Exchange Act of 1934 (whether made before or after the date
      of
      the Form 10-KSB), irrespective of any general incorporation language contained
      in such filing.
















































38
EX-34.21
(logo) Grant Thornton


REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Grant Thornton LLP
1717 Main Street, Suite 1500
Dallas, TX 75201-4667

T 214.561.2300
F 214.561.2370
GrantThornton.com
linkd.in/GrantThorntonUS
twitter.com/GrantThorntonUS

Board of Directors and Shareholders
Situs Holdings LLC

We have examined management's assertion, included in the accompanying Report of
Management on Compliance ("Management's Assertion"), that Situs Holdings LLC
(the "Company") complied with certain servicing criteria set forth in paragraph
(d) of Item 1122 of the U.S. Securities and Exchange Commission's Regulation AB
included in Exhibit A as of December 31, 2013 and for the period January 1, 2013
through December 31, 2013, with respect to the Company's Operating or Trust
Advisor Services performed over the deals listed in Appendix B (the "Platform").
Management is responsible for the Company's compliance with the applicable
servicing criteria. Our responsibility is to express an opinion on management's
assertion about the Company's compliance with the applicable servicing criteria
for the Platform based on our examination.

Our examination was conducted in accordance with the standards of the Public
Company Accounting Oversight Board (United States) and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
applicable servicing criteria for the Services and performing such other
procedures as we considered necessary in the circumstances. Our examination was
not designed to detect material noncompliance that may have occurred prior to
the period covered by this report and that may have affected the Company's
activities with respect to the Platform during the period covered by this
report. We believe that our examination provides a reasonable basis for our
opinion. Our examination does not provide a legal determination on the Company's
compliance with the applicable servicing criteria.

In our opinion, management's assertion that Situs Holdings LLC complied with the
aforementioned minimum servicing standards as of December 31, 2013 and for the
period January 1, 2013 through December 31, 2013, for the Services is fairly
stated, in all material respects.


/s/ Grant Thornton LLP
Dallas, Texas
March 10, 2014

Grant Thornton LLP
U.S. member firm of Grant Thornton International Ltd
APPLICATION
FOR SHARES

    


    
      
        	
                To:

              	
                Lone Oak Acquisition Corp.

              	
                 (the
      “Company”)

              
	 
      	
                Cricket
      Square

                Hutchins
      Drive

                PO
      Box 2681

              
	 
      	
                Grand
      Cayman, KY1-1111

                Cayman
      Islands

              


      

    

     

    Attention:    The
Board of Directors

     

    Date:  
June 17, 2010

     

    We apply
for and request you to allot to us 172,500 shares with a
par value of $0.0001 in the
capital of the Company, and undertake to pay all calls made upon the said shares
as and when required by the directors to do so.


     

    We agree
to take the said shares subject to the Memorandum and Articles of Association of
the Company and we authorise you to enter the following name and address in the
Register of Members of the Company:

    


    
      
        
          	
                  Name:

                	
                  Rampant
      Dragon, LLC

                
	 
      	 
      
	
                  Address:

                	
                  1201
      Orange Street, Suite 600, One Commerce Center,

                
	 
      	
                  Wilmington,
      DE 19801, United States of
America

                


        

      

    

     

    We
designate the following telephone and facsimile numbers and e-mail address for
service of notice of all members’ meetings. Notice by telephone or facsimile to
either of the said numbers or electronic mail to the stated e-mail address will
constitute good and sufficient notice to ourselves and we agree to advise you of
any change in these particulars:


     

    Tel:  (212)
249-1827

    Fax:
(212) 249-1847

    E-mail
address: wheyn@tritaurian.com


     

    Yours
faithfully,

    


    
      
        
          	
                  /s/ Rampant
      Dragon, LLC

                	 
      


        

      

    

    For and
on behalf of

    Rampant
Dragon, LLC
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-40941 Conference Calendar

BRUCE PETTY, Plaintiff-Appellant,

versus GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; A. J. COLLINS, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. G-96-CV-707

-------------------- August 25, 1999 Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges. PER CURIAM: * Bruce Petty, Texas prisoner # 541160, appeals the district court’s dismissal of his 42 U.S.C. § 1983 suit as frivolous. Petty argues, as he did in the district court, that the Texas Department of Criminal Justice’s policy of allowing female prison guards to be present when male prisoners are showering and other times when male prisoners are naked is cruel and unusual punishment and violates his constitutional right to privacy.No. 98-40941 -2-

The presence of female prison guards for security reasons on those occasions when male prisoners are naked is not a constitutional violation. See Letcher v. Turner , 968 F.2d 508, 510 (5th Cir. 1992). Petty’s claim lacked an arguable basis in law, and the district court did not abuse its discretion in dismissing the complaint as frivolous. See Siglar v. Hightower , 112 F.3d 191, 193 (5th Cir. 1997).
AFFIRMED.
927.504
exv10w35








Exhibit 10.35




December 9, 2010




Mr. Armando M. Codina

Chairman

Flagler Development Group

2855 Lejeune Road, 4th Floor

Coral Gables, FL 33134




Dear Armando:



          This will confirm the following agreement relating to the deferral of your director’s
retainers and fees for 2011.


          1. All director’s fees and retainer (“Fees”) payable to you in connection with your service on
the boards of directors (including committees of such boards) of AMR Corporation and American
Airlines, Inc. for the period January 1, 2011 through December 31, 2011, will be deferred and paid
to you in accordance with this letter agreement.


          2. Fees will be converted to Stock Equivalent Units in accordance with the Procedures for
Deferral of Board Retainers and Fees, as amended and restated, a copy of which is attached hereto
as Exhibit A (the “Plan”).


          3. On the 30th business day after the date when you cease to be a Director of AMR Corporation
and any affiliates, and cease rendering services, the Stock Equivalent Units accrued pursuant to
the Plan will be converted to cash and paid to you in a lump sum by multiplying the number of such
Stock Equivalent Units by the arithmetic mean of the high and the low of AMR stock (“fair market
value”) during the month when you ceased to be a Director of AMR Corporation and any affiliates,
and cease rendering services. Payment cannot be accelerated.


          4. In the event of your death, the number of Stock Equivalent Units as of your date of death
will be multiplied by the fair market value of AMR stock during the calendar month immediately
preceding your death, and the amount paid to Margarita Codina. The payment contemplated by this
paragraph 4 will be made on the 30th business day following the date of your death.



 









 







          If the foregoing is satisfactory to you, please indicate by signing one of the originals (two
are enclosed) and returning it to me.



	 	 	 	 	 
	 	Very truly yours,

 	 
	 	/s/ Kenneth W. Wimberly
 	 
	 	Kenneth W. Wimberly 	 
	 	Corporate Secretary 	 
	 



Accepted and agreed:




	 	 	 

	/s/ Armando M. Codina
 

Armando M. Codina

	 	 
	 
	 	 
	12/14/10
 

Date
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 this
Report of AVAX Technologies, Inc. (the Company) on Form 10-QSB for the period ended June 30, 2004, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Richard P. Rainey, President (as such, the
principal executive officer and principal financial 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 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 results of operations of the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------

/s/   Richard P. Rainey

---

---
EXHIBIT 32.1

# Certificate of
Principal Executive Officer pursuant to section 18
U.S.C. Section 1350, as adopted pursuant to Section
906 of Sarbanes-Oxley Act
of 2002

In connection with the accompanying
Quarterly Report of CNET Networks, Inc. (CNET Networks) on Form 10-Q for the
quarter ended September 30, 2005 (the Report), I, Shelby W. Bonnie, Chairman of
the Board and Chief Executive Officer of CNET Networks, 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 Section
               15(d), as applicable, 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 CNET Networks.
|-- |  | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------

|Dated: November 8, 2005/s/Shelby W. Bonnie
Shelby W. Bonnie Chairman
of the Board and     Chief Executive Officer
|-------------------------------------------------------------------------------------------------------------------------------

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