alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### AUTOCHINA LIMITED, Plaintiff-Appellant, v. KENNETH HUANG, a.k.a. Huang Jian-Hua, Defendant-Appellee.

No. 10-10902

United States Court of Appeals, Eleventh Circuit.

March 29, 2011.

Daniel Louis Koch, Justin R. Parafinczuk, Koch & Trushin, P.A., Ft Lauderdale, FL, for Plaintiff-Appellant.

Thomas T. Loder, Duane Morris, LLP, Philadelphia, PA, Raymond Leonard Robin, Lida Rodriguez-Taseff, Duane, Morris & Heckscher, LLP, Miami, FL, for Defendant-Appellee.

Before MARCUS and ANDERSON, Circuit Judges, and MILLS,* Senior District Judge.

*

 Honorable Richard Mills, Senior United States District Judge for the Central District of Illinois, sitting by designation.

PER CURIAM:

Plaintiff-appellant Autochina Limited (“Autochina”) appeals from a jury verdict in favor of defendant-appellee Kenneth Huang (“Huang”). Autochina contends on appeal that the district court erred in numerous evidentiary rulings during the course of trial.

“We review a district court’s ruling on the admissibility of evidence for abuse of discretion, and evidentiary rulings will be overturned only if the moving party establishes that the ruling resulted in a ‘substantial prejudicial effect.’ When applying an abuse of discretion standard, we must affirm unless we at least determine that the district court has made a ‘clear error of judgment,’ or has applied an incorrect legal standard.” *Piamba Cortes v. Am. Airlines, Inc.,*177 F.3d 1272, 1305-06 (11th Cir.1999) (citations and quotation marks omitted).

We will not reverse an erroneous evidentiary ruling if the resulting error was harmless. *See United States v. Dickerson,*248 F.3d 1036, 1048 (11th Cir.2001). ‘We find an error harmless where the purported error had no substantial influence on the outcome and sufficient evidence uninfected by error supports the verdict.” *Id.*

Autochina asserts that the district judge abused his discretion when he allowed into evidence twelve alleged hearsay statements, testimony regarding other lawsuits, and the lay testimony of Huang regarding his understanding of Chinese law.

Based upon our careful review of the record, we conclude that the district judge did not abuse his discretion in ruling on the evidentiary issues raised in this appeal.

Even if we determined that the district judge had abused his discretion, we would still affirm the jury verdict, because the evidence adduced at trial was overwhelmingly in favor of Huang. Autochina is unable to demonstrate that the district court’s rulings resulted in a substantial prejudicial effect.

AFFIRMED.
```

[United States Government Policy and Supporting Positions (Plum Book), 1996]
[Legislative Branch]
[Library of Congress]
[From the U.S. Government Printing Office, www.gpo.gov]

The Plum Book (United States Government Policy
        and Supporting Positions): 1996 EditionBRANCH: LEGISLATIVE LIBRARY OF CONGRESSLocationPosition TitleName of IncumbentPay PlanType of Appt.Level Grade or PayTenureExpires**LIBRARY OF CONGRESS TRUST FUND 
              BOARD**Washington, DCChairman (Ex Officio)James H. BillingtonWCPAS............................Washington, DCChairman of the Joint Committee on the Library (Ex Officio)Mark HatfieldWCXS............................Washington, DCMember (Ex Officio), Secretary of the TreasuryRobert RubenWCPAS............................Washington, DCMember (Designee for Secretary of the Treasury)Gerald MurphyWCXS............................Washington, DCMemberCeil PulitzerWCPAS..........5 years03/10/1997Washington, DCMemberPatricia DuffWCPAS..........5 years08/08/2000Washington, DCMemberJohn KlugeWCXS..........5 years02/11/1998Washington, DCMemberArthur OrtenbergWCXS..........5 years03/11/1997Washington, DCMemberAdele HallWCXS..........5 years06/30/2000Washington, DCMemberPeter LynchWCXS..........5 years01/03/1998Washington, DCMemberLaurence TischWCXS..........5 years01/03/1997Washington, DCMemberThomas FoleyWCXS..........5 years01/03/1999Washington, DCMember VacancyWCXS............................Washington, DCMember VacancyWCXS............................**OLIVER WENDELL HOLMES DEVISE**Washington, DCChairman (Ex Officio)James H. BillingtonWCPAS............................Washington, DCMemberRobert H. BorkWCPAS..........8 years01/19/1997Washington, DCMemberHarold M. HymanWCPAS..........8 years01/18/2000Washington, DCMemberLaura KalmanWCPAS..........8 years03/02/2000Washington, DCMemberVincent McKusickWCPAS..........8 years01/18/2001Washington, DCEditorStanley N. KatzWCXS............................Washington, DCSecretariatJames H. HutsonWCXS............................Washington, DCSecretariatRubens MedinaWCXS............................**AMERICAN FOLKLIFE CENTER BOARD**Washington, DCChairJudith McCullohPDXS..........6 years03/31/1998Washington, DCVice ChairCarolyn HeckerPDXS..........6 years03/31/1998Washington, DCMemberNina ArchabalPDXS..........6 years03/31/1998Washington, DCMemberJames F. HoyPDXS..........6 years03/31/2002Washington, DCMemberWilliam L. KinneyPDXS..........6 years03/31/2000Washington, DCMemberCharles F. TrimblePDXS..........6 years03/31/2002Washington, DCMemberJuris UbansPDXS..........6 years03/31/1998Washington, DCMember VacantPDXS..........6 years........**0**Washington, DCLibrarian of CongressJames H. BillingtonEXPASIII..................
```
**Exhibit12.2**

 

*CERTIFICATION(302)*

 

I, Peter R Marriott, certify that:

 

1.     I have reviewed this annual report on Form20-F of Australia and New Zealand Banking Group Limited the registrant;

 

2.     Based on my knowledge, this annual report doesnot contain any untrue statement of a material fact or omit to state a materialfact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the periodcovered by this annual report;

 

3.     Based on my knowledge, the financialstatements, and other financial information included in this annual report,fairly present in all materialrespects the financial condition, results of operations and cash flows of theregistrant as of, and for, the periods presented in this annual report;

 

4.     The registrant’s other certifying officers andI are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange ActRules 13a-14 and 15d-14) for the registrant and have:

 

a)     designedsuch disclosure controls and procedures to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this annual report is being prepared;

 

b)    evaluatedthe effectiveness of the registrant’s disclosure controls and procedures as ofa date within 90 days prior to the filingdate of this annual report (the “Evaluation Date”); and

 

c)     presentedin this annual report our conclusions about the effectiveness of the disclosurecontrols and procedures based onour evaluation as of the Evaluation Date;

 

5.     The registrant’s other certifying officers andI have disclosed, based on our most recent evaluation, to the registrant’sauditors and the audit committeeof registrant’s board of directors (or persons performing the equivalentfunction):

 

a)     allsignificant deficiencies in the design or operation of internal controls whichcould adversely affect the registrant’s ability to record, process, summarize and report financial data and haveidentified for the registrant’s auditors any material weaknesses in internal controls; and

 

b)    any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’sinternal controls; and

 

6.     The registrant’s other certifying officers andI have indicated in this annual report whether or not there were significantchanges in internal controls or in otherfactors that could significantly affect internal controls subsequent to thedate of our most recentevaluation, including any corrective actions with regard to significantdeficiencies and material weaknesses.

 
| Dated: December 19, 2003 |
|-------------------------------|
|                          |
|                          |   |
| /s/ P R Marriott              |   |
| **P R Marriott**              |
|                          |
| Chief Financial Officer       |

 

----
**EXHIBIT 32.1**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350**

 

Inconnection with the quarterly report of Cornell Companies, Inc. (the “Company”)on Form 10-Q for the quarter ended June 30, 2010, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,James E. Hyman, Chief Executive Officer, President and the Chairman of theBoard, certify pursuant to 18 U.S.C. 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

2.     The information contained in the Report fairly presents, in allmaterial respects the financial condition and results of operations of theCompany.

 
|   | /s/  James E. Hyman                       |
|--------|-------------------------------------------|
|   | James  E. Hyman, Chief Executive Officer, |
|   | President  and Chairman of the Board      |
|   | August 9,  2010                      |

 

Note:  The certification the registrant furnishes inthis exhibit is not deemed “filed” for purposes of Section 18 of theSecurities Exchange Act of 1934, as amended, or otherwise subject to theliabilities of that Section. Registration Statements or other documents filedwith the Securities and Exchange Commission shall not incorporate this exhibit,except as otherwise stated in such filing.

 

----
<PAGE>

EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER 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 accompanying Annual Report on Form 10-KSB for the
period ended June 30, 1999 (the "Report") of Ingen Technologies, Inc. (formerly
known as Creative Recycling Technologies, Inc.), a Georgia corporation (the
"Company"), I, Thomas J. Neavitt, Chief Financial Officer of the Company, hereby
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

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

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


Dated: February __, 2007               /s/ Thomas J. Neavitt
                                       ---------------------
                                       Thomas J. Neavitt
                                       Chief Financial Officer
EXHIBIT 4(a)

RETIREMENT AGREEMENT

DATED8th February 2002.

BETWEEN

Australia
and New Zealand Banking Group Limited A.C.N.005 357 522 (hereinafter called "ANZ") of Level 6, 100 Queen Street, Melbourne in the State of Victoria

AND

David
Michael Gonski of 32/100 Queen Street, Melbourne, Vic 3000 (hereinafter called "the Director")

RECITALS

NOW THIS AGREEMENT WITNESSESas follows:

---

IN
WITNESS WHEREOF this Agreement has been duly executed the day and year hereinbefore written.

|SIGNED for and on behalf of Australia and
New Zealand Banking Group Limited
By Charles Barrington Goode |  | )
)
) |  | ........................................... 
|------------------------------------------------------------------------------------------------------- |  | ----- |  | --------------------------------------------
|SIGNED by the said David Michael Gonski
in the presence of:                                             |  | )
)   |  | ............................................
|Signature of Witness                                                                                    |  |       |  |                                             
|Name of Witness (Print)                                                                                 |  |       |  |                                             

---

December 16 2002

Mr
D M Gonski
7 Wolseley Crescent
Point Piper    2027

Dear
David

Your Retirement Agreement

I
refer to the Retirement Agreement between ANZ and you dated 8 February 2002.

In
accordance with the resolution of the Board at its meeting on 22 and 23 October 2002, ANZ hereby waives the three year qualifying period for accrual of benefits as provided for under
clause 2 of that Agreement.

Accordingly,
the benefits provided for under clause 4 of the Agreement currently accrue and shall be payable to you upon your ceasing to be a director of ANZ, even if at the time of cessation
you have served for a period of less than three years.

Yours
faithfully

Charles
Goode
Chairman

---

QuickLinks
II 

Calendar No. 379 

112TH CONGRESS 

2D SESSION H. R. 3246 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 14, 2011 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

APRIL 25, 2012 

Reported by Mr. LIEBERMAN, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 15455 Manchester Road in Ballwin, Missouri, 

as the ‘‘Specialist Peter J. Navarro Post Office Building’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SPECIALIST PETER J. NAVARRO POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 15455 Manchester Road in 

7 Ballwin, Missouri, shall be known and designated as the 

8 ‘‘Specialist Peter J. Navarro Post Office Building’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

•HR 3246 RS

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Specialist Peter J. 

5 Navarro Post Office Building’’. 


smartinez on DSK6TPTVN1PROD with BILLS

smartinez on DSK6TPTVN1PROD with BILLS
Calendar No. 379 

112TH CONGRESS 

2D SESSION H. R. 3246 

AN ACT 

To designate the facility of the United States PostNavarro Post Office Building’’. Ballwin, Missouri, as the ‘‘Specialist Peter J. al Service located at 15455 Manchester Road in 

APRIL 25, 2012 

Reported without amendment 


smartinez on DSK6TPTVN1PROD with BILLS
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2903 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2903

  To reauthorize the programs and activities of the Federal Emergency 
                           Management Agency.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2011

  Mr. Denham (for himself, Ms. Norton, and Mr. Hanna) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To reauthorize the programs and activities of the Federal Emergency 
                           Management Agency.

    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 ``FEMA Reauthorization Act of 2011''.

SEC. 2. REAUTHORIZATION OF URBAN SEARCH AND RESCUE RESPONSE SYSTEM.

    Section 634 of Public Law 109-295 (6 U.S.C. 722) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the system $35,250,000 for each of fiscal 
years 2012 and 2013.''.

SEC. 3. REAUTHORIZATION OF EMERGENCY MANAGEMENT ASSISTANCE COMPACT 
              GRANTS.

    Section 661 of Public Law 109-295 (6 U.S.C. 761) is amended by 
striking subsection (d) and inserting the following:
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of the 
fiscal years 2012 and 2013. Such sums shall remain available until 
expended.''.

SEC. 4. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AND 
              ADMINISTRATION.

    Section 699 of Public Law 109-295 (6 U.S.C. 811) is amended:
            (1) by striking ``administration and operations'' each 
        place it appears and inserting ``management and 
        administration'';
            (2) in paragraph (2) by striking ``and'';
            (3) in paragraph (3) by striking the period and inserting 
        ``; and''; and
            (4) by adding at the end the following:
            ``(4) for fiscal year 2012, $813,000,000, including amounts 
        transferred from the Disaster Relief Fund; and
            ``(5) for fiscal year 2013, $813,000,000, including amounts 
        transferred from the Disaster Relief Fund.''.
                                 <all>
```
[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Page 45946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21004]


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

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2016-0016]


Pipeline Safety: Underground Natural Gas Storage Facility Annual 
Report

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice of OMB approval.

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

SUMMARY: The Pipeline and Hazardous Materials Safety Administration 
(PHMSA) Office of Pipeline Safety (OPS) is announcing OMB approval of 
the annual report for Underground Natural Gas Storage Facilities.

DATES: Operators should submit the first annual report form for the 
2017 calendar year by March 15, 2018.

FOR FURTHER INFORMATION CONTACT: Crystal Stewart, Program Analyst, 
Office of Pipeline Safety Operations Systems Division, at 202-366-1524 
or by email at <a href="/cdn-cgi/l/email-protection#305342494344515c1e4344554751424470545f441e575f46"><span class="__cf_email__" data-cfemail="3754454e4443565b19444352405645437753584319505841">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: PHMSA regulations at 49 CFR 191.17 require 
each operator of an underground natural gas storage facility to submit 
an annual report on DOT PHMSA Form 7100.4-1 by March 15, for the 
preceding calendar year, except that the first annual report must be 
submitted by July 18, 2017. PHMSA extended the due date for the 
submission of the first annual report, as stipulated in PHMSA's posting 
on its Web page (https://www.phmsa.dot.gov/underground-storage-annual-report-submission-extension). This annual report, originally required 
by July 18, 2017, would have captured data for the 2016 calendar year. 
PHMSA is revising the date of the first submission of the annual 
report. The first annual report now will be due on March 15, 2018, and 
will collect reported information for the 2017 calendar year.
    OPS will post this information and further filing instructions on 
OPS's Web site at http://www.phmsa.dot.gov/pipeline.

    Issued in Washington, DC, on September 26, 2017, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2017-21004 Filed 9-29-17; 8:45 am]
 BILLING CODE 4910-60-PDEPARTMENT OF THE TREASURY


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T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T J O H N H O SK I N G S, P e titio n e r- A p p e llan t, v. P . L . V A Z Q U E Z , W a r de n, R es po nd ent- A pp el l ee . N o. 08- 17735 D . C . N o . 1 : 0 5 - c v - 0 1 4 3 0 - O WW ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e E a s te rn D is tr ic t o f C a lif o rn ia O l i ve rW . W ange r , D i s tr i c tJudge , P r e s i di ng S ubm i tt e d N ove m be r21, 2011 ** B e f o r e : T A S H I M A , B E R Z O N , an dT A L L M A N , C ir c u it Ju d g e s . C alifo rn ia state p riso n erJo h n H o sk in g s ap p ea ls fr o m th e d istrict co u rt’s or de rde ny i ng hi s 28 U . S . C . § 2254 habe a s pe t i t i on. W e ha ve j ur i s di c t i on unde r28 U .S .C . § 2 2 5 3 , a n dw e a f f irm . 

# FI LED NO V 28 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 17735 2 H os ki ngs c ont e nds tha tthe G ove rnor ’ s 2004 de c i s i on r e ve r s i ng the B oar d of Pr i s o n Te rms ’ s d e c i s i o n f i n d i n g h i m s u i t ab l e f

o rp ar o l e i s n o ts up p o rt e db ys o me e v id e n c e . T h e r e c o r dr e f le c ts th a t H o s k in g s r e c e iv e da ll p r o c e s s th a t w a s du e . See Sw artho utv. C oo ke , 13 1 S . C t . 85 9, 86 2-63 (201 1) (percuri am ). AF F I RME D.
EXHIBIT 32.2

      PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER 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  Emclaire   Financial  Corp.  (the
"Corporation")  on Form 10-K for the year ending December 31, 2005 as filed with
the  Securities  and Exchange  Commission  on the date here (the  "Report"),  I,
Shelly L. Rhoades,  Treasurer and Principal  Financial and Accounting Officer of
the Corporation, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 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 Corporation.

/S/SHELLY L. RHOADES
------------------------------------------
Shelly L. Rhoades
Principal Financial and Accounting Officer
Treasurer
March 27, 2006
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, Scott Scherr, Chief Executive Officer of The Ultimate Software Group, Inc., hereby certify to the best of my knowledge and belief that this Quarterly Report on Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and that the information contained in
this Quarterly Report on Form 10-Q fairly represents, in all material respects, the financial condition and results of operations of The Ultimate Software Group, Inc.











/s/ Scott ScherrScott ScherrChief Executive OfficerAugust 10, 2009


20