alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wayne Lorenzo DAVIS, Plaintiff—Appellant, v. Robert E. HYMAN, Trustee, Defendant—Appellee.

No. 06-1382.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 28, 2006.

Decided: Oct. 4, 2006.

*956Wayne Lorenzo Davis, Appellant Pro Se. Robert Edward Hyman, Goddin, Major, Schubert & Hyman, Richmond, Virginia, for Appellee.

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Wayne Lorenzo Davis appeals the district court’s order affirming the bankruptcy court’s order dismissing his Chapter 13 petition. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Davis v. Hyman,*No. 3:05-cv-00519-REP; BK-04-34074-DOT (E.D.Va. Mar. 7, 2006). In light of this disposition, we deny Davis’ motions for stay and for preparation of a transcript at government expense. We grant Davis’ motion to amend his informal brief 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.

*AFFIRMED.*
* 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 CIR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 19, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 06-50442 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus FRANCISCO VILLAGOMEZ-SIERRA, Defendant-Appellant.

--------------------------------------------------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:05-CR-109

--------------------------------------------------------------- Before DeMOSS, STEWART and PRADO, Circuit Judges. PER CURIAM: * Counsel appointed to represent 

### F rancisco Villagomez-Sierra has requested leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
##### 



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

I, Robert W. Boykin, Chairman of the Board and Chief Executive Officer of
Boykin Lodging Company (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 Quarterly Report on Form 10-Q of the Company for the period
ended June 30, 2003, which this certification accompanies, 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/ Robert W. Boykin
Robert W. Boykin
Chairman of the Board and Chief Executive Officer
August 14, 2003

A signed original of this written statement required by Section 906 has been
provided to Boykin Lodging Company and will be retained by Boykin Lodging
Company and furnished to the Securities and Exchange Commission or its staff
upon request.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM INTELLIGROUP, INC. AND
SUBSIDIARIES FORM 10-QSB SEPTEMBER 30, 1996.
</LEGEND>
<CIK>                         0001016439
<NAME>                        Intelligroup, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     U.S. Dollars
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              Dec-31-1996
<PERIOD-START>                                 Jan-01-1996
<PERIOD-END>                                   Mar-31-1996
<EXCHANGE-RATE>                                1
<CASH>                                         169
<SECURITIES>                                   0
<RECEIVABLES>                                  9,561
<ALLOWANCES>                                   566
<INVENTORY>                                    0
<CURRENT-ASSETS>                               32,405
<PP&E>                                         0
<DEPRECIATION>                                 716
<TOTAL-ASSETS>                                 33,330
<CURRENT-LIABILITIES>                          16,958
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       107
<OTHER-SE>                                     16,200
<TOTAL-LIABILITY-AND-EQUITY>                   33,330
<SALES>                                        33,471
<TOTAL-REVENUES>                               33,471
<CGS>                                          23,972
<TOTAL-COSTS>                                  23,972
<OTHER-EXPENSES>                               6,896
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             1,264
<INCOME-PRETAX>                                1,339
<INCOME-TAX>                                   410
<INCOME-CONTINUING>                            929
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                (1,034)
<CHANGES>                                      0
<NET-INCOME>                                   (105)
<EPS-PRIMARY>                                  0.01 <F1>
<EPS-DILUTED>                                  0.01 <F2>
<FN>
<F1>      This amount represents Basic Earnings per Share in accordance with the
          requirements of Statement of Financial  Accounting Standards No. 128 -
          "Earnings per Share".

<F2>      This amount  represents  Diluted Earnings per Share in accordance with
          the  requirements of Statement of Financial  Accounting  Standards No.
          128 - "Earnings per Share".
</FN>
        

</TABLE>
Exhibit 31.1



I, James Green, certify that:



1.

I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave, 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 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:



(a)

designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;



(b)

evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and



(c)

disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5.

The registrants other certifying officer 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 function):



(a)

all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize, and report financial information; and



(b)

any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal controls over financial reporting.







|Date: August 19, 2003


By:
/s/ James Green

James Green
Chief Executive Officer and President
|----------------------------------------------------------------------------------------------
Exhibit



EXHIBIT 10.1





FIRST AMENDMENT TO RETENTION AND RETIREMENT AGREEMENT


The Retention and Retirement Agreement (“Agreement”) entered into by and between Caterpillar Inc. (“the Company”) and Bradley M. Halverson (the “Executive”) on July 31, 2017 is hereby mutually agreed to be amended pursuant to this written amendment that is now being entered into by and between both parties and effective on the date that both parties have signed this Agreement below.  


WHEREAS, Article 3.8 of the Agreement provides that it may be amended by written agreement of Executive and the Company; and


WHEREAS, both parties agree to amend the Agreement in order to extend the Retirement Date provided for in the Agreement beyond March 2, 2018.


NOW THEREFORE, the Company and Executive agree to the addition of a new Section 3.12 to provide as follows:


III.
MISCELLANEOUS PROVISIONS


3.12    First Amendment to Agreement.  Executive and the Company agree that the Retirement Date for purposes of this Agreement shall be changed from March 2, 2018 to May 4, 2018.  It is understood and agreed that all other provisions of this Agreement shall remain in full force and effect as originally set forth in the Agreement dated as of July 31, 2017.  




EXECUTIVE




/s/ Bradley M. Halverson
Bradley M. Halverson


Date: February 19, 2018




THE COMPANY




/s/ Cheryl Johnson
Cheryl Johnson
Chief Human Resources Officer


Date: February 19, 2018


-1-
#### The People of the State of New York, Respondent, v Patrick Zephrin, Appellant.

[864 NYS2d 564]

Appeal by the defendant from an amended judgment of the *1067Supreme Court, Kings County (Leventhal, J.), rendered January 31, 2006, revoking a sentence of probation previously imposed by the County Court, Suffolk County (Farneti, J.), upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of grand larceny in the third degree.

Ordered that the amended judgment is reversed, on the law, and the sentence imposed thereon is vacated.

On January 3, 2001, the defendant was sentenced in the County Court, Suffolk County, upon his plea of guilty to grand larceny in the third degree, to a term of six months imprisonment and five years probation. The sentencing court acknowledged that the defendant was in custody and would receive credit for time served and, on appeal, the People acknowledge that the defendant was taken into custody on August 31, 2000. On December 5, 2005, a declaration of delinquency was filed in the Supreme Court, Kings County, alleging that the defendant had violated a condition of his probation. During the violation of probation hearing, the defendant claimed that since he had served time in prison before pleading guilty and the term of probation ran concurrently with the term of imprisonment, the probationary period began to run on August 31, 2000, the date he was taken into custody, and expired prior to the filing of the declaration of delinquency. The Department of Probation argued that the term of probation began to run from the date the sentence was imposed. After the Supreme Court concluded that the declaration of delinquency was filed before the term of probation had expired and rejected the defendant’s claim, the defendant admitted that he had violated a condition of his probation.

The defendant’s period of probation began to run when the defendant was incarcerated *(see*Penal Law § 60.01 [2] [d]; *People v Dawson,*301 AD2d 659, 660 [2003]; *People v Montgomery,*115 AD2d 102 [1985]). Therefore, the defendant’s probationary period was completed in August 2005, before the declaration of delinquency was filed. Accordingly, we reverse the amended judgment revoking his probation and vacate the sentence imposed thereon. Fisher, J.P, Florio, Angiolillo, Dickerson and Belen, JJ., concur.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 10, 2014 

# Order

Clerk June 10, 2014

1 49449 ( 23 )

DAVIE LEE JONES, JR.,

Pl aintiff

- Appellant,

v SC: 1 49449

COA: 320299

PEOPLE OF MICHIGAN, STATE OF MICHIGAN

and VICTOR A. FRITZ

,

Defendant s

- Appellee s

.

___________________________________

On order of the Chief Justice, the motion to waive fees is considered and it

is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be

liable for filing fees.

Within 21 days of the certification of this order, plaintiff shall p ay to the

Clerk of the Court the initial partial filing fee of $ 11 .00, shall submit a copy of this order

with the payment, and shall refile the copy of the pleadings which is being returned

with this order. Failure to comply with this order shall result in the appeal not being

filed in this Court.

If plaintiff timely files the partial fee and refiles the pleadings, monthly

payments shall be made to the Department of Corrections in an amount of 50 percent of

the deposits made to plaintiff’s account until the payments equal the balance due of

$36 4 .00. This amount shall then be remitted to this Court.

Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals in civil

actions in this Court until the entry fee in this case is paid in full.

The Clerk of the Court shall furnish two copies of this order to plaintiff and

return plaintiff’s pleadings with this order.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM INTERIM
FINANCIAL STATEMENTS OF OPTIMAL ROBOTICS CORP. DATED 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-31-1998
<PERIOD-START>                                 JAN-01-1999
<PERIOD-END>                                   JUN-30-1999
<CASH>                                         3,238,784<F1>
<SECURITIES>                                   24,675,860
<RECEIVABLES>                                  5,991,547
<ALLOWANCES>                                   0
<INVENTORY>                                    1,977,755
<CURRENT-ASSETS>                               36,125,137
<PP&E>                                         613,913<F2>
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 36,907,369
<CURRENT-LIABILITIES>                          4,266,748
<BONDS>                                        250,000<F3>
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       41,562,155
<OTHER-SE>                                     (9,171,534)<F4>
<TOTAL-LIABILITY-AND-EQUITY>                   36,907,369
<SALES>                                        12,113,524
<TOTAL-REVENUES>                               12,113,524
<CGS>                                          9,879,860
<TOTAL-COSTS>                                  9,879,860
<OTHER-EXPENSES>                               2,168,103
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             (229,925)<F5>
<INCOME-PRETAX>                                (146,464)
<INCOME-TAX>                                   (146,464)
<INCOME-CONTINUING>                            (146,464)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (146,464)
<EPS-BASIC>                                    (0.02)
<EPS-DILUTED>                                  0<F6>


<FN>
<F1>
     The  Company's  financial   statements  are  prepared  in  accordance  with
     generally  accepted  accounting  principles  in  Cananda.  See  Note  6  to
     financial statements for a reconciliation of Canadian and U.S. GAAP.

<F2>
     Net of depreciation

<F3>
     Contract advance

<F4>
     Includes  shareholder  deficit,  capital  attributable  to  warrants  and a
     cumulative translation adjustment

<F5>
     Represents net investment  income,  comprised  primarily of interest income
     offset by interest expense

<F6>
     Results would be anti-dilutive. See Note 5 to financial statements.
</FN>


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,564,503
<INT-BEARING-DEPOSITS>                         500,006
<FED-FUNDS-SOLD>                             1,150,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                        25,339,613
<LOANS>                                     16,065,491
<ALLOWANCE>                                  (256,000)
<TOTAL-ASSETS>                              45,794,819
<DEPOSITS>                                  30,097,109
<SHORT-TERM>                                 4,164,172
<LIABILITIES-OTHER>                            125,829
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,678
<OTHER-SE>                                           0
<TOTAL-LIABILITIES-AND-EQUITY>              11,407,709
<INTEREST-LOAN>                                475,789
<INTEREST-INVEST>                              746,590
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                             1,222,379
<INTEREST-DEPOSIT>                             463,090
<INTEREST-EXPENSE>                              50,449
<INTEREST-INCOME-NET>                          708,840
<LOAN-LOSSES>                                  256,000
<SECURITIES-GAINS>                                 625
<EXPENSE-OTHER>                              1,004,468
<INCOME-PRETAX>                              (550,451)
<INCOME-PRE-EXTRAORDINARY>                   (550,451)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (550,451)
<EPS-PRIMARY>                                    (.43)
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    7.34
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             (256,000)
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                            (256,000)
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                      (256,000)
        

</TABLE>
EXHIBIT 32


                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 on Form 10-QSB (the "Report") of
PYR Energy Corporation (the "Company") for the quarter ended November 30, 2003,
D. Scott Singdahlsen, the Chief Executive Officer and the Chief Financial
Officer of the Company, hereby certifies 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 the undersigned's knowledge and belief: (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.



Date:  April 13, 2004                        /s/ D. Scott Singdahlsen
                                             -----------------------------
                                             D. Scott Singdahlsen
                                             Chief Financial Officer
---

Exhibit 24

CONSENT OF EXPERT February 24, 2011 British Columbia Securities CommissionAlberta Securities CommissionSaskatchewan Financial Services CommissionManitoba Securities CommissionOntario Securities CommissionNew Brunswick Securities CommissionNova Scotia Securities CommissionRegistrar of Securities, Prince Edward IslandSecurities Commission of Newfoundland and LabradorRegistrar of Securities, Northwest TerritoriesRegistrar of Securities, NunavutRegistrar of Securities, YukonUnited States Securities and Exchange Commission
  Re:
     Annual Information Form dated February 24, 2011 (the Annual Information Form) of Minefinders Corporation Inc. (the Company).
  I refer to the report entitled "Technical Report, La Bolsa Project, Pre-feasibility Study dated January 10, 2011 (the "Report") as referenced in the Annual Information Form and documents incorporated by reference therein. I hereby consent to the use of my name and the Report in the Annual Information Form and in documents incorporated by reference therein. I confirm that I have read the Annual Information Form and I have no reason to believe that there are any misrepresentations that are derived from the Report referred to above or that are within my knowledge as a result of the services I performed in connection with such Report. I consent to the filing of this consent with the United States Securities and Exchange Commission as part of the Companys Form 40-F dated February 24, 2011, and any amendment thereto, including post-effective amendments and as part of a post-effective amendment to the Companys Registration Statement on Form F-10 (File No. 333-170839), to incorporate the Companys Form 40-F dated February 24, 2011.


---

- 2 - Yours truly, Per: /s/ Anthony E. W. CrewsAnthony E. W. Crews February 24, 2011


---