alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 98-2126

_____________

National Labor Relations Board, *

*

Petitioner, *

* On Petition for Review from

v. * National Labor Relations Board.

*

Diversified Bank Installations, Inc., * [UNPUBLISHED]

*

Respondent. *

_____________

 Submitted: March 8, 1999

Filed: March 26, 1999

_____________

Before FAGG, LAY, and WOLLMAN, Circuit Judges.

_____________

PER CURIAM.

Diversified Bank Installations, Inc. (the Company) petitions for review of an

order of the National Labor Relations Board (the Board) and the Board seeks to

enforce the order against the Company. Having considered the record and the parties'

arguments, we find no error in the Board's decision. Because our review involves the

application of established principles of law in a fact-intensive case and the parties'

submissions show they are thoroughly familiar with the issues before the court, we

conclude that an extensive discussion would serve no useful purpose. We thus

enforce the Board's order without further discussion. See 8th Cir. R. 47B.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Notices]
[Page 44836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20576]



[[Page 44836]]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4319-DR: Docket ID FEMA-2017-0001]


Kansas; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Kansas (FEMA-4319-DR), dated June 16, 2017, and 
related determinations.

DATES: The amendment was issued on September 8, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and 
Recovery, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-2833.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Administrator, under Executive Order 12148, as amended, Michael R. 
Scott, of FEMA is appointed to act as the Federal Coordinating Officer 
for this disaster.
    This action terminates the appointment of David G. Samaniego as 
Federal Coordinating Officer for this disaster.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 
97.033, Disaster Legal Services; 97.034, Disaster Unemployment 
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, 
Disaster Housing Assistance to Individuals and Households in 
Presidentially Declared Disaster Areas; 97.049, Presidentially 
Declared Disaster Assistance--Disaster Housing Operations for 
Individuals and Households; 97.050, Presidentially Declared Disaster 
Assistance to Individuals and Households--Other Needs; 97.036, 
Disaster Grants--Public Assistance (Presidentially Declared 
Disasters); 97.039, Hazard Mitigation Grant.

Brock Long,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-20576 Filed 9-25-17; 8:45 am]
BILLING CODE 91110-123-P
EXHIBIT 99.1  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 Annual Report of Gardenburger, Inc. (the Company) on Form
10-K for the fiscal year ended September 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Scott C. Wallace,
Director, Chairman, President and Chief Executive 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 result of operations of the Company.   /s/
Scott C. WallaceScott C. Wallace
President and Chief Executive Officer
Gardenburger, Inc.
December 19, 2002
EXHIBIT 32



            CERTIFICATIONS OF PERIODIC FINANCIAL REPORT


      We, Thomas O. Ryder and Michael S. Geltzeiler, of The
Reader's Digest Association, Inc., certify, pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:

(1)   this Annual Report on Form 10-K for the fiscal year ended
      June 30, 2005 (the "Periodic Report") which this statement
      accompanies 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)   information contained in the Periodic Report fairly
      presents, in all material respects, the financial condition
      and results of operations of The Reader's Digest
      Association, Inc.

This certificate is being furnished solely for purposes of
Section 906 and is not being filed as part of the Periodic Report.


Dated:  August 29, 2005




                                         /s/ THOMAS O. RYDER
                                           Thomas O. Ryder
                                    Chairman and Chief Executive Officer



                                         /s/ MICHAEL S. GELTZEILER
                                           Michael S. Geltzeiler
                            Senior Vice President and Chief Financial Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOR THE SIX MONTH PERIOD ENDED JUNE 30, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          91,417
<SECURITIES>                                         0
<RECEIVABLES>                                   10,852
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               125,287
<PP&E>                                         170,555
<DEPRECIATION>                                  48,235
<TOTAL-ASSETS>                                 257,737
<CURRENT-LIABILITIES>                          328,660
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        34,771
<OTHER-SE>                                 (1,075,444)
<TOTAL-LIABILITY-AND-EQUITY>                   257,737
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               710,435
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (710,435)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (710,435)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (710,435)
<EPS-BASIC>                                     (0.02)
<EPS-DILUTED>                                        0


</TABLE>
**Exhibit 32.2**

 

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

Inconnection with the Annual Report of TEPPCO Partners, L.P. (the “Company”) on Form 10-Kfor the year ended December 31, 2005 (the “Report”), as filed with theSecurities and Exchange Commission on the date hereof, I, William G. Manias, VicePresident and Chief Financial Officer of the Company, certify, pursuant to 18U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,that:

 

1. TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

2. Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| /s/ WILLIAM G. MANIAS                                                                                                      |   |   |
|----------------------------------------------------------------------------------------------------------------------------|--------|--------|
| William G. ManiasVice President and Chief Financial Officer  Texas Eastern Products Pipeline Company, LLC, General Partner |   |

 

March 1,2006

 

A signed original of this writtenstatement required by Section 906 has been provided to TEPPCO Partners,L.P. and will be retained by TEPPCO Partners, L.P. and furnished to theSecurities and Exchange Commission or its staff upon request.

 

----
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 Charles & Colvard, Ltd. (the
“Company”) on Form 10-Q for the quarterly period ended September 30, 2009 as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Randy N. McCullough, 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, to my knowledge, 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/ Randy N.
McCullough


Randy N.
McCullough


President
and Chief Executive Officer


November
16, 2009





This
Certification is being furnished solely to accompany the Report pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, and shall not be deemed “filed” by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and shall not be
incorporated by reference into any filing of the Company under the Securities
Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended,
whether made before or after the date of this Report, irrespective of any
general incorporation language contained in such filing.





A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 has been provided to the Company and will be retained by the Company
and furnished to the Securities and Exchange Commission or its staff upon
request.
EX-10.1



 Exhibit 10.1 

April 10, 2018 
 Daniel N. Leib 

[Address] 
 Re: Side Letter to the Employment Agreement 

Dear Dan: 
 The purpose of this side letter is
to amend the employment agreement, by and between you and Donnelley Financial Solutions, Inc. (the “Company”), dated as of July 11, 2017 (the “Employment Agreement”), pursuant to Section 6(g) of the
Employment Agreement. All capitalized terms used but not defined in this side letter to the Employment Agreement (the “Letter”) shall have the meanings assigned to such terms in the Employment Agreement. The terms of this Letter are
as follows: 
  

	 	1.	A new Section 4(f)(i)(6) is hereby added to the Employment Agreement as follows: “Notwithstanding anything to the contrary contained in any applicable award agreement for any outstanding or future award of
stock options granted to you by the Company, if you are terminated due to a Qualifying Termination (regardless of whether in connection with a CIC Termination Period), then from and after the effective date of such Qualifying Termination, any
options that are or become exercisable upon such Qualifying Termination shall remain outstanding and be exercisable for the full term of such option.” 


If the foregoing terms and conditions are acceptable and agreed to by you, please sign on the line provided below to signify such acceptance
and agreement and return the executed copy to the Chief Human Resources Officer. 
 Very truly yours, 

Donnelley Financial Solutions, Inc. 
  

			
	By:	 	/s/ Diane Bielawski
		 	Diane Bielawski
		 	Chief Human Resources Officer

 ACCEPTED AND AGREED to this 10th day of April, 2018. 

 

	
	/s/ Daniel Leib
	Daniel N. Leib
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 05-6928

ROBERT ANDREW BARTLETT, SR., Petitioner - Appellant, versus THEODIS BECK, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-04-975) Submitted: October 20, 2005 Decided: November 14, 2005 Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Robert Andrew Bartlett, Sr., Appellant Pro Se. Sandra Wallace Smith, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Robert Andrew Bartlett, Sr., seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of his constitutional claims is debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Bartlett has not made the requisite showing. Accordingly, we deny Bartlett’s motion to expand the record, deny a certificate of appealability, and dismiss the appeal. We also deny Bartlett’s motion to proceed in forma pauperis and 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.

DISMISSED
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 Annual Report of JMAR Technologies, Inc. (the “Company”) on Form 10-K forthe year ended December 31, 2006 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), C. Neil Beer, Chief Executive Officer of the Company and I. MichaelSweatman, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of ourknowledge: (1) The Report fully complies with the requirements of section 13(a) or 15(d) of theSecurities 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.         By: /s/ C. Neil Beer             C. Neil Beer      Chief Executive Officer           By: /s/ I. Michael Sweatman             I. Michael Sweatman      Chief Financial Officer  March 30, 2007
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                         184,036
<SECURITIES>                                         0
<RECEIVABLES>                                  300,204
<ALLOWANCES>                                  (32,922)
<INVENTORY>                                     11,883
<CURRENT-ASSETS>                                22,279
<PP&E>                                       1,421,577
<DEPRECIATION>                               (130,303)
<TOTAL-ASSETS>                               3,237,656
<CURRENT-LIABILITIES>                        1,303,894
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  5,000,002
<COMMON>                                        11,856
<OTHER-SE>                                 (3,340,471)
<TOTAL-LIABILITY-AND-EQUITY>                 3,237,656
<SALES>                                        296,159
<TOTAL-REVENUES>                               296,159
<CGS>                                          118,694
<TOTAL-COSTS>                                5,709,523
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,215
<INCOME-PRETAX>                            (5,414,579)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (5,414,579)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (5,414,579)
<EPS-BASIC>                                      (.46)
<EPS-DILUTED>                                    (.46)


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-7011

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SAMUEL BENJAMIN KELLY, a/k/a Tiz,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern

District of Virginia, at Norfolk. Rebecca Beach Smith, District

Judge. (2:94-cr-00163-RBS-4)

Submitted: October 21, 2008 Decided: October 28, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Samuel Benjamin Kelly, Appellant Pro Se. Laura Pellatiro Tayman,

Assistant United States Attorney, Newport News, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Samuel Benjamin Kelly appeals the district court’s orders

denying his motion under 18 U.S.C. § 3582(c)(2) (2000) for a

reduction of sentence and his Fed. R. Civ. P. 59(e) motion to alter

or amend judgment. We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. United States v. Kelly, No. 2:94-cr-00163-RBS4 (E.D. Va. Filed Apr. 9, entered Apr. 10, 2008; filed May 8,

entered May 14, 2008). 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
Exhibit 4.4


















Addendum to Annex A


 









	
Date

	 	
Amount

	 	
Maturity


	
 

	 	 	 	
    


	
01/20/2017

	 	
$

	
15,750

	 	
01/20/2018


	
02/06/2017

	 	
$

	
13,125

	 	
02/06/2018


	
02/23/2017

	 	
$

	
13,125

	 	
02/23/2018


	
03/22/2017

	 	
$

	
31,500

	 	
03/22/2018


	
04/26/2017

	 	
$

	
36,225

	 	
04/26/2018


	
06/02/2017

	 	
$

	
38,660

	 	
06/02/2018


	
06/26/2017

	 	
$

	
40,000

	 	
06/26/2018


	
07/07/2017

	 	
$

	
50,000

	 	
07/07/2018


	
07/24/2017

	 	
$

	
33,500

	 	
07/24/2018


	
08/11/2017

	 	
$

	
27,250

	 	
08/11/2018


	
08/15/2017

	 	
$

	
21,000

	 	
08/15/2018


	
09/05/2017

	 	
$

	
38,660

	 	
09/05/2018


	
09/26/2017

	 	
$

	
22,500

	 	
06/26/2018


	
10/17/2017

	 	
$

	
17,500

	 	
06/26/2018


	
11/22/2017

	 	
$

	
21,000

	 	
08/15/2018


	
12/04/2017

	 	
$

	
7,250

	 	
08/11/2018


	
12/22/2017

	 	
$

	
10,000

	 	
08/11/2018


	
12/15/2017

	 	
$

	
1,914.25

	 	
08/11/2018
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

AMILCAR ZAPATA,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 428 MAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 13th day of February, 2023, the Petition for Allowance of Appeal

is DENIED.
ACCEPTED

04-14-00722-CR

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

5/29/2015 11:39:38 AM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 5/29/2015 11:39:38 AM KEITH E. HOTTLE Clerk
<TABLE> <S> <C>

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

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          14,135
<SECURITIES>                                         0
<RECEIVABLES>                                    8,324
<ALLOWANCES>                                         0
<INVENTORY>                                     17,104
<CURRENT-ASSETS>                                     0
<PP&E>                                          12,995
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  62,268
<CURRENT-LIABILITIES>                           21,117
<BONDS>                                        114,792
<PREFERRED-MANDATORY>                           44,339
<PREFERRED>                                          3
<COMMON>                                         6,699
<OTHER-SE>                                     134,986
<TOTAL-LIABILITY-AND-EQUITY>                    62,268
<SALES>                                         19,860
<TOTAL-REVENUES>                                19,860
<CGS>                                           20,845
<TOTAL-COSTS>                                   20,845
<OTHER-EXPENSES>                                21,617
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,798
<INCOME-PRETAX>                               (28,941)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (28,941)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (28,941)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
----

| 1. | I have reviewed this annual report on Form 10-K/A of Compuware 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. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/ Robert C. Paul      |
|-------------------------|
|                    |
| Robert C. Paul          |
| Chief Executive Officer |
| July 29, 2013           |

----