alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT JOHN K. PARKER, Petitioner,

v. WESTMORELAND COAL COMPANY, No. 96-1588 INCORPORATED; DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondents. On Petition for Review of an Order of the Benefits Review Board. (95-1747-BLA) Submitted: September 5, 1996 Decided: September 18, 1996 Before WIDENER and WILKINS, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

_________________________________________________________________ Affirmed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL S.F. Raymond Smith, RUNDLE AND RUNDLE, L. C., Pineville, West Virginia, for Petitioner. Ann B. Rembrandt, JACKSON & KELLY, Charleston, West Virginia; Christian P. Barber, Gary K.Stearman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondents.Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________ OPINION PER CURIAM: John Parker, a former coal miner, appeals from a decision of the Benefits Review Board (Board) affirming an administrative law judge's (ALJ) denial of his application for black lung benefits. In his ultimate decision in this case, the ALJ found the evidence of recordinsufficient to establish invocation of the interim presumption of entitlement pursuant to 20 C.F.R. § 727.203(a) (1996). On appeal, Parker's only challenge to the ALJ's finding of no invocation is his contention that the ALJ erred by failing to invoke the presumption based on the pulmonary function studies, pursuant to subsection (a)(2) of section 727. Five of six valid studies of record produced non-qualifying values under the regulations, but the most r ecent study was qualifying. Parker contends that the ALJ should have credited the most r ecent study over the remaining studies, because pneumoconiosis is a progressive disease and the most recent study most accurately reflects the statusof the miner's condition at the time of the hearing. It is clear, however, that the ALJ was not required to automatically accord greater weight to more recent evidence, see Adkins v. Director, Office of Workers' Compensation Programs , 958 F.2d 49, 52 (4th Cir. 1992), and that the ALJ could rationally find that because five of six valid studies were non-qualifying, Parker failed to establish invocation by a preponderance of such evidence. See Gray v. Director, Office of Workers' Compensation Programs , 943 F.2d 913, 920-21 (4th Cir. 1991).As substantial evidence supports the ALJ's finding of no invocation, Parker's arguments on appeal concerning rebuttal are moot. See § 727.203. Accordingly, the decision of the Board is affirmed. We dispense with oral argument because the facts and legal contentions
2are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED 3
Exhibit 32



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned hereby certifies that, to his knowledge, (i) the Form 10-QSB of South Street Financial Corp. (the
Company) for the quarter ended June 30, 2005 (the Report), as filed with the Securities and Exchange Commission, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of
1934, and (ii) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company on the dates and for the periods presented therein.





|                      |  |                              |  |                                      
|--------------------- |  | ---------------------------- |  | -------------------------------------
|                      |  | SOUTH STREET FINANCIAL CORP.
|                      |  |                             
|Date: August 12, 2005 |  | By:                          |  | /s/ R. Ronald Swanner                
|                      |  |                              |  | R. Ronald Swanner                    
|                      |  |                              |  | President and Chief Executive Officer
|                      |  |                             
|Date: August 12, 2005 |  | By:                          |  | /s/ Christopher F. Cranford          
|                      |  |                              |  | Christopher F. Cranford              
|                      |  |                              |  | Treasurer and Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-01-1997
<PERIOD-START>                             FEB-04-1996
<PERIOD-END>                               FEB-01-1997
<CASH>                                          27,477
<SECURITIES>                                         0
<RECEIVABLES>                                   12,216
<ALLOWANCES>                                         0
<INVENTORY>                                    450,499
<CURRENT-ASSETS>                               534,085
<PP&E>                                         695,960
<DEPRECIATION>                               (187,889)
<TOTAL-ASSETS>                               1,050,523
<CURRENT-LIABILITIES>                          431,966
<BONDS>                                        301,253
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           169
<OTHER-SE>                                   (148,377)
<TOTAL-LIABILITY-AND-EQUITY>                 1,050,523
<SALES>                                      2,602,456
<TOTAL-REVENUES>                             2,602,456
<CGS>                                        1,935,500
<TOTAL-COSTS>                                1,935,500
<OTHER-EXPENSES>                               812,279
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              39,502
<INCOME-PRETAX>                              (184,825)
<INCOME-TAX>                                       500
<INCOME-CONTINUING>                          (185,325)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (185,325)
<EPS-PRIMARY>                                  (10.91)
<EPS-DILUTED>                                  (10.91)
        

</TABLE>
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.                  

###### International Trade Commission

          - [USITC SE-17-043]

# Agency Holding the Meeting:

United States International Trade Commission.

# Time and Date:

September 29, 2017 at 11:00 a.m.

# Place:

Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000.

# Status:

Open to the public.

# Matters To Be Considered:

1. Agendas for future meetings: None.

2. Minutes.

3. Ratification List.

4. Vote in Inv. Nos. 701-TA-585-586 and 731-TA-1383-1384 (Preliminary) (Stainless Steel Flanges from China and India). The Commission is currently scheduled to complete and file its determinations on October 2, 2017; views of the Commission are currently scheduled to be completed and filed on October 10, 2017.

5. Outstanding action jackets: None.

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission.

Issued: September 11, 2017.

William R. Bishop,

Supervisory Hearings and Information Officer.

[FR Doc. 2017-19648 Filed 9-12-17; 4:15 pm]

 BILLING CODE 7020-02-P
Exhibit 10.35





Exhibit 10.35


CONSENT UNDER REGISTRATION RIGHTS
AGREEMENT


Cardica, Inc. 

900 Saginaw Drive


Redwood City, CA 94063


Re: Consent Under
Registration Rights Agreement


Ladies and Gentlemen:


Reference is made to that certain
Registration Rights Agreement, dated August 17, 2010, by and between
Cardica, Inc. (the “Company”) and Intuitive Surgical
Operations, Inc. (“Intuitive”) (the
“Rights Agreement”). All capitalized terms used and
not otherwise defined herein have the same meanings given them in the Rights
Agreement.


1. Section 6(d) of the
Rights Agreement restricts the Company’s ability to file registration
statements covering the resale of the Company’s securities held other
than by a Holder, unless the Initial Registration Statement is or has been
filed with and declared effective by the Commission, unless consented to in
accordance with Section 6(d).


2. On or about the same
date and time as the Company intends to file the Initial Registration
Statement, the Company intends to (a) register for resale by Aspire
Capital Fund, LLC (“Aspire”), shares of the
Company’s Common Stock proposed to be sold to Aspire in a financing
transaction (the “Aspire Shares”), and (b) file
a shelf S-3 registration statement covering the sale of up to $40 million
of the Company’s Common Stock and/or warrants to purchase shares of the
Company’s Common Stock (the “Shelf
Registration”).


3. By executing below,
Intuitive, as the sole Holder under the Rights Agreement, hereby consents to
(a) the registration of the Aspire Shares either within the Initial
Registration Statement or in a separate registration statement, provided that
any such separate registration statement is filed with the Commission after the
Initial Registration Statement, and (b) the filing of the Shelf
Registration, in each case provided that the Initial Registration Statement is
filed before such registration statements (unless and to the extent that the
Aspire Shares are included in the Initial Registration Statement), and
provided, further, that the holder(s) of the Aspire Shares shall not have any
registration rights superior to those of the undersigned Holder.


4. Intuitive acknowledges
and understands that the Company will proceed with registering the Aspire
Shares and filing the Shelf Registration in reliance upon this consent.


[Remainder of Page Intentionally Left
Blank]


Consent under Registration Rights
Agreement





1









 





AMENDMENT OF REGISTRATION
RIGHTS


The undersigned has
executed this Consent Under Registration Rights Agreement as of
December 13, 2010.


Very truly yours,


Intuitive Surgical
Operations, Inc.


By: /s/ Marshall
Mohr

Name: Marshall Mohr

Title: Sr. VP & CFO




Consent under Registration Rights
Agreement





2
Exhibit 32.2

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 Charles & Colvard, Ltd. (the Company) on Form 10-Q for the period ending March 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, James R. Braun, Vice President of Finance and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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; 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/ James R. Braun                                   
|James R. Braun                                       
|Vice President of Finance and Chief Financial Officer
|May 9, 2006                                          

A signed original of this written statement required by Section 906 has been provided to Charles &
Colvard, Ltd. and will be retained by Charles & Colvard, Ltd. and furnished to the Securities and Exchange Commission or its staff upon request.
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 12-2214

___________________________ Katheryne Polter lllllllllllllllllllll Plaintiff - Appellant v. Michael J. Astrue, Commissioner of Social Security Administration lllllllllllllllllllll Defendant - Appellee

____________ Appeal from United States District Court for the Eastern District of Missouri - St. Louis

____________ Submitted: January 4, 2013 Filed: January 15, 2013 [Unpublished]

____________ Before BYE, GRUENDER, and BENTON, Circuit Judges.

____________ PER CURIAM. Katheryne Polter appeals the district court’s 1 order affirming the denial of disability insurance benefits and supplemen tal security income. Upon de novo review,
1 The Honorable Catherine D. Perry, Chief Judge, United States District Court for the Eastern District of Missouri.see Renstrom v. Astrue , 680 F.3d 1057, 1063-64 (8th Cir. 2012), we find no basis for reversal. Specifically, we find no merit to Polter’s challenges to the administrative law judge’s (ALJ’s) determinations as to physical and mental residual functional capacity (RFC), seeAnderson v. Astrue , 696 F.3d 790, 794 (8th Cir. 2012) (conclusory checkbox form has little evidentiary value when it provides little or no elaboration and cites no medical evidence); Renstrom , 680 F.3d at 1064 (treating physician’s opinion does not automatically c ontrol); or to the ALJ’s hypothetical to the vocational expert, see Perkins v. Astrue , 648 F.3d 892, 901-02 (8th Cir. 2011) (hypothetical must capture concrete conseque nces of claimant’s deficiencies); cf. Davis v. Apfel , 239 F.3d 962, 966 (8th Cir. 2001) (rejecting contention that hypothetical was flawed because it did not specify frequency of need to alternate between sitting and standing, where hypotheticaladdressed claimant’s need to sit and stand “at will”). The district court is affirmed.

______________________________

-2-
**EXHIBIT 13.1**

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Annual Report on Form 20-F of Luxottica GroupS.p.A. (the “Company”) for the fiscal year ended December 31, 2005 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Andrea Guerra, Chief Executive Officer of the Company, certify to myknowledge, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C. Section 1350), that:

1.             The Report fully complies with therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

2.             The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 
|        | By:    | /s/ ANDREA GUERRA       |
|--------|--------|-------------------------|
|   |   | Andrea Guerra           |
|   |   | Chief Executive Officer |

 

Dated:  June 28, 2006

This writtenstatement accompanies the Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not, except to the extent required by theSarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18of the Securities Exchange Act of 1934.

A signed originalof this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

----
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
RETROSPETTIVA'S 10-QSB FOR THE NINE MONTHS ENDED SEPTEMBER 30, 1997, WHICH ARE
UNAUDITED 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>                                       4,335,895
<SECURITIES>                                         0
<RECEIVABLES>                                  879,593
<ALLOWANCES>                                    17,196
<INVENTORY>                                  3,723,969
<CURRENT-ASSETS>                             9,343,228
<PP&E>                                          58,675
<DEPRECIATION>                                  13,442
<TOTAL-ASSETS>                               9,406,513
<CURRENT-LIABILITIES>                        2,338,734
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,537,013
<OTHER-SE>                                     230,000
<TOTAL-LIABILITY-AND-EQUITY>                 9,406,513
<SALES>                                     13,026,900
<TOTAL-REVENUES>                            13,026,900
<CGS>                                       11,124,972
<TOTAL-COSTS>                               11,722,659
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              50,501
<INCOME-PRETAX>                              1,304,241
<INCOME-TAX>                                   506,871
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   755,023
<EPS-PRIMARY>                                       43
<EPS-DILUTED>                                       43
        

</TABLE>
Exhibit 15.1  Deloitte & Touche S.p.A.
Via Tortona, 25   20144 Milano   Italia

Tel: +39 02 83322111   Fax: +39 02 83322112   www.deloitte.it
  CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM  TO LUXOTTICA GROUP S.p.A.  We consent to the incorporation by reference in Registration Statements Nos. 333-171011, 333-147724, 333-14006 and 333-9546 on Form S-8 of our reports dated April 19, 2012, relating to the consolidated financial statements and financial statement schedule of Luxottica Group S.p.A. and the effectiveness of Luxottica Group S.p.A.s internal control over financial reporting (each of which reports expresses an unqualified opinion), appearing in this Annual Report on Form 20-F of Luxottica Group S.p.A. for the year ended December 31, 2011.   /s/ Deloitte & Touche S.p.A.  Milan, Italy April 27, 2012
Exhibit 31.2
  1.
    
    I have reviewed this annual report on Form 10-Q of Sterling Chemicals, Inc.;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/ JOHN R. BEAVERJohn R. BeaverSenior Vice President - Finance and Chief Financial Officer
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2737 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2737

   To amend title 5, United States Code, to make stillborn children 
             eligible for optional life insurance coverage.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 1, 2011

Mr. Burton of Indiana introduced the following bill; which was referred 
          to the Committee on Oversight and Government Reform

_______________________________________________________________________

                                 A BILL

 
   To amend title 5, United States Code, to make stillborn children 
             eligible for optional life insurance coverage.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kaytlynn Noggle Federal Life 
Insurance Equity Act''.

SEC. 2. INCLUSION OF STILLBORN CHILDREN FOR PURPOSES OF LIFE INSURANCE 
              PAYMENTS.

    Section 8701(d)(1)(B) of title 5, United States Code, is amended--
            (1) by striking ``(other than a stillborn child)''; and
            (2) by inserting ``stillborn child,'' after ``adopted 
        child,''.
                                 <all>
```