alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-40405 Conference Calendar

__________________
MICHAEL THOMAS HUMPHREY, Plaintiff-Appellant,

versus BERNIE BUSH, Captain, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:94-CV-470

- - - - - - - - - - (October 18, 1995) Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM: * Michael Thomas Humphrey, a Texas state prisoner, filed a pro

se , in forma pauperis (IFP), 42 U.S.C. § 1983 action against Captain Bernie Bush for allegedly refusing to allow Humphrey to call witnesses at a disciplinary hearing and for allegedly assigning Humphrey to the wrong classification before demoting him as punishment. Although this court recently barred Humprhrey from filing any more suits in the federal district courts withoutNo. 95-40405 -2- prior judicial approval, Humphrey v. Luna , 95-20204, slip op. at 7 (5th Cir. June 21, 1995) (unpublished), this instant action and the resulting appeal were both filed before the imposition of the sanction. "An inmate has neither a protectible property nor liberty interest in his custody classification." See Moody v. Baker , 857 F.2d 256, 257-58 (5th Cir.), cert. denied , 488 U.S. 985 (1988); Wilson v. Budney , 976 F.2d 957, 958 (5th Cir. 1992) (same). Additionally, "[a] negligent act does not rise to a constitutional violation." Moody , 857 F.2d at 258. Bush, as a hearing officer, was not responsible for determining any question regarding Humphrey's line class status, and he properly relied on the major grading sheet, which showed Humphrey as a Line Class II, instead of a Line Class I, which Humphrey claimed he was. At best, Humphrey has set out a claim of mere negligence against Bush, which does not amount to a constitutional violation. See Moody , 857 F.2d at 258. Humphrey was advised of his right to call and question witnesses, but declined to exercise his right. On appeal, Humphrey admits that neither he nor his counsel substitute requested any witnesses. The magistrate judge properly dismissed Humphrey's claims as frivolous.
AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS FOUND IN
THE COMPANY'S 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                              89
<SECURITIES>                                         0
<RECEIVABLES>                                   38,352
<ALLOWANCES>                                   (2,476)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                50,767
<PP&E>                                         707,661
<DEPRECIATION>                                (85,482)
<TOTAL-ASSETS>                                 940,848
<CURRENT-LIABILITIES>                           45,063
<BONDS>                                        507,600
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           268
<OTHER-SE>                                     296,087
<TOTAL-LIABILITY-AND-EQUITY>                   940,848
<SALES>                                        230,148
<TOTAL-REVENUES>                               209,639
<CGS>                                           82,637
<TOTAL-COSTS>                                   18,976
<OTHER-EXPENSES>                                68,266
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              46,400
<INCOME-PRETAX>                                (9,261)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (9,261)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (9,261)
<EPS-PRIMARY>                                    (.37)
<EPS-DILUTED>                                    (.37)


</TABLE>
111TH CONGRESS 

1ST SESSION H. R. 2802 

AN ACT 

To provide for an extension of the legislative authority of 

the Adams Memorial Foundation to establish a commemorative work in honor of former President John 

Adams and his legacy, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2802 EH

1 SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR 

2 MEMORIAL ESTABLISHMENT. 

3 (a) LEGISLATIVE AUTHORITY.—Section 1(c) of Pub4 lic Law 107–62 is amended by striking ‘‘accordance with’’ 

5 and all that follows through the period at the end and 

6 inserting the following: ‘‘accordance with chapter 89 of 

7 title 40, United States Code, except that any reference in 

8 section 8903(e) of that chapter to the expiration at the 

9 end of or extension beyond a seven-year period shall be 

10 considered to be a reference to an expiration on or exten11 sion beyond December 2, 2013.’’. 

12 (b) TECHNICAL AMENDMENTS.—Public Law 107–62 

13 is amended— 

14 (1) in section 1(e), by striking ‘‘(40 U.S.C. 

15 1001, et seq.)’’ and inserting ‘‘(40 U.S.C. 8901 et 

16 seq.)’’; and 

17 (2) in section 2, by striking ‘‘(40 U.S.C. 1002)’’ 

18 and inserting ‘‘(40 U.S.C. 8902(a))’’. 

Passed the House of Representatives September 22, 

2009. 

Attest: 

Clerk. 

111TH CONGRESS 

1ST SESSION H. R. 2802 

AN ACT 

To provide for an extension of the legislative auother purposes. President John Adams and his legacy, and for tablish a commemorative work in honor of former thority of the Adams Memorial Foundation to es-
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 Anza Capital, Inc. (the "Company")
on  Form  10-KSB for the year ending April 30, 2002 as filed with the Securities
and  Exchange Commission on the date hereof (the "Report"), I, Vincent Rinehart,
Chief  Executive  Officer and Chief Financial Officer of the Company, certify to
the  best  of my knowledge, 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/ Vincent Rinehart
------------------------------
Vincent  Rinehart
Chief  Executive  Officer  and
Chief  Financial  Officer
August  5,  2002
Exhibit








AMENDMENT NO. 1 TO HEALTHCARE REALTY TRUST INCORPORATED 
2000 EMPLOYEES STOCK PURCHASE PLAN
This Amendment No. 1 to the Healthcare Realty Trust Incorporated 2000 Employees Stock Purchase Plan (this “Amendment”) is entered into effective December 31, 2017 at the direction of the Compensation Committee (the “Committee”) of the Board of Directors of Healthcare Realty Trust Incorporated (the “Company”).
RECITALS:
WHEREAS, on January 25, 2000, the Company established the Healthcare Realty Trust Incorporated 2000 Employee Stock Purchase Plan (the “Plan”), which superseded the Healthcare Realty Trust Incorporated 1995 Employee Stock Purchase Plan; 
WHEREAS, the Plan is administered by the Compensation Committee of the Board of Directors of the Company (the “Committee”); and
WHEREAS, the Committee desires to amend the Plan to change the definition of “Eligible Employee” therein.
AMENDMENT:
		
	1.
	Amendment. Section 2.8 (a) of the Plan is hereby deleted and the following is inserted in the stead thereof:




“(a) An employee who was not employed by the Company on December 31 of the year prior to the grant of an Option.” 


For the sake of clarity, the purpose of the Amendment is to delete the previous 90-day employment requirement and make an employee of the Company eligible to participate in the Plan so long as such employee was employed on the last day of the year preceding the grant of an Option and otherwise meets the definition of Eligible Employee.


		
	2.
	Reaffirmation. All other terms and conditions of the Plan are herein reaffirmed in their entirety. 




IN WITNESS WHEREOF, the Committee, on behalf of the Company, has directed that this Amendment be executed this 13th day of February, 2018.
HEALTHCARE REALTY TRUST INCORPORATED




By: _/s/ John M. Bryant, Jr._______
Name: _John M. Bryant, Jr. ______
Title: _Executive Vice President and General Counsel___
EXHIBIT 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Sun NewMedia, Inc. (the “Company”) on Form 10-QSB for the quarter ended September 30,2006 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Bruno Wu Zheng, Chief Executive Officer of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

1.       The Report fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Act of 1934;and

2.       The information containedin the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.
| /s/ Bruno Wu Zheng                                              |   |
|-----------------------------------------------------------------|--------|
| Bruno Wu Zheng,  Executive Chairman and Chief Executive Officer |   |
| Date: December  15, 2006                                        |   |

 

----
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



I, M. Brinkley Morse, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Quest Software, Inc. on Form 10-Q for the three months ended September 30, 2004, fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Report fairly presents, in all material respects, the financial condition and results of operations of Quest Software, Inc.



|                       |  |        |  |                                                                   
|---------------------- |  | ------ |  | ------------------------------------------------------------------
|Date: November 9, 2004 |  | By:    |  | /s/ M. BRINKLEY MORSE                                             
|                       |  | Name:  |  | M. Brinkley Morse                                                 
|                       |  | Title: |  | Vice President, Finance and Operations and Chief Financial Officer
**Exhibit 21**

 

**POLYMER GROUP, INC.**

 

**LIST OF SUBSIDIARIES OF THE COMPANY**

 

The following comprises a list of the subsidiaries of the Company as of December31, 2005:

 

PGI Polymer, Inc.

DT Acquisition Inc.

Fabrene Group, L.L.C.

Bonlam (S.C.), Inc.

FabPro Oriented Polymers, Inc.

Chicopee, Inc.

PGI Nonwovens (Mauritius)

Dominion Textile Mauritius Inc.

Bonlam S.A. de C.V.

Fabrene, Inc.

Dominion Textile (USA) Inc.

Fabrene Corp.

Nanhai Nanxin Non-Wovens Co. Ltd.

Dominion Nonwovens Sudamerica, S.A.

Bonlam Andina Ltd.

Bonlam Holdings BV

DIFCO Performance Fabrics, Inc.

FiberTech Group, Inc.

PNA Corp.

PGI Europe, Inc.

Poly-Bond Inc.

Pristine Brands Corporation

Polyionix Separation Technologies, Inc.

Technetics Group, Inc.

FNA Polymer Corp.

Chicopee Holdings B.V.

FiberGol Corporation

FNA Acquisition, Inc.

PGI Holdings BV

Chicopee Holdings CV

PGI Nonwovens BV

PGI Neunkirchen GmbH

PGI Nonwoven Ltd.

PGI Nonwovens A.B.

Geca Tapes B.V.

Albuma S.A.S.

Geca-Tapes PTE LTD

Nordlys SAS

PGI Nonwovens (China) Co. Ltd.

PGI Nonwoven (Foshan) Co. Ltd.

 

----
#### Mario TRIGUEROS-MORALES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-72597.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 16, 2011.

Alejandro Garcia, Law Offices of Alejandro Garcia, Commerce, CA, for Petitioner.

OIL, Patrick James Glen, Esquire, U.S. Department of Justice, Washington, DC, CAC-Distriet Counsel, Esquire, Office of the District Counsel Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2).

MEMORANDUM **

Mario Trigueros-Morales, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his application for cancellation of removal. We dismiss the petition for review.

*768Trigueros-Morales contends that California Penal Code § 246.3 is overbroad because it prohibits willful discharge of a “BB device.” Because this claim was never presented to the BIA, we lack jurisdiction to consider it. *See Barron v. Ashcroft,*358 F.3d 674, 677-78 (9th Cir.2004).

PETITION FOR REVIEW DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Confidential portions of this document indicated by ***** have been omitted and filed

separately with the Commission



Exhibit 10.33



November 17, 2003



Mr. Gary Ihrke

VP Operations

Featherlite Trailers

P O box 320

Cresco Iowa 52136



Dear Gary,



This letter will serve as confirmation of our agreement completed today. Alcoa has purchased, with your authorization, *****
pounds of aluminum for your extrusion needs during 2004. The extrusions will be purchase and delivered from our Yankton plant at a base price of $***** per pound on solid shapes, and $***** per pound on hollow shapes. As per our previous agreements,
any side panels will require a $***** Adder. Any other adders will apply consistent with our current agreements. All prices include delivery to stated above are firm, as metal has been secured to cover this contract.



Gary, we have provided a place for your signature to confirm our mutual
commitment. We look forward to maintaining our role as your primary source for quality extrusions.



|                       |  |  |  |                                                                         
|---------------------- |  |  |  | ------------------------------------------------------------------------
|Yours truly,           |  |  |  |                                                                         
|/s/ Herb Grubbs        |  |  |  |                                                                         
|                       |  |  |  |                                                                         
|Regional Sales Manager |  |  |  | signed by Cathy Saltou for Gary Ihrke VP Operations Featherlite Trailers
| 1.   | The Company’s Quarterly Report on Form 10-Q for the period ended March 31, 2011, to which this Certification is attached as Exhibit 32 (the “Periodic Report”), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended; and |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition of the Company at the end of the period covered by the Periodic Report and results of operations of the Company for the period covered by the Periodic Report. |
|----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  May 16, 2011    |   |   |                              |   |
|-----------------------------------|--------|--------|-----------------------------------|--------|
|                              |   |   |                              |   |
| /s/ Peter A. Michel          |   |   | /s/   Lincoln Zehr |   |
| Peter A. Michel    |   |   | Lincoln Zehr                      |   |
| Chief Executive Officer      |   |   | Chief Financial Officer           |   |

----
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

May 4, 2010 

Order 

 

May 4, 2010 

139920 & (128)(130) 

RICHARD RUDOLPH, DAN GRIFFIN, 

CHRIS WELLS, and CAROLYN ALLEN, 

Plaintiffs-Appellants, 

Cross-Appellees, 

v SC: 139920 

 COA: 279433 

Wayne CC: 06-622199-CZ 

GUARDIAN PROTECTIVE SERVICES, INC., 

a/k/a GUARDIAN SECURITY SERVICES, INC., 

and GUARDIAN BONDED SECURITY, 

Defendants-Appellees, 

Cross-Appellants. 

_________________________________________/ 

AMENDMENT TO ORDER 

 On order of the Court, the order of April 7, 2010 is amended to correct a 

clerical error. The statement following the text of the order is amended to read: 

 “KELLY, C.J. and CAVANAGH , J., would grant leave to appeal.”
Prepared by R.R. Donnelley Financial -- EX-10.4(b)




 Exhibit 10.4(b) 

WARRANT CERTIFICATE 

(non-negotiable instrument) 
 Ascendis Pharma A/S,
Hellerup Boulevard 12, DK-2900 Hellerup (hereinafter referred to as Ascendis Pharma), cvr.nr. 29 91 87 91, has on [date of grant] issued this Warrant Certificate to 

[adresse] 
 (hereinafter referred
to as the “Warrantholder”) 
 whereby the Warrantholder without payment has received and accepted allocation of [number] warrants, which confer
the right to subscribe [number] A-shares in Ascendis Pharma at a subscription price of DKK [price] per share with a nominal value of DKK 1. The other terms applying to the warrants have been set forth in Ascendis Pharma’s articles of
association clause 4b with appendix [1][2], which is attached to this Warrant Certificate. 
 Shareholder’s Agreement 

A shareholders’ agreement between Ascendis Pharma’s shareholders and the warrantholders, which shall apply to the extent that the shares are
subscribed through exercise of warrants, has been attached. The issuance of warrants according to this Warrant Certificate is conditional upon the Warrantholder accepting said shareholders’ agreement. 

This Warrant Certificate is issued in two original copies with one original copy Ascendis Pharma and one original for the Warrantholder. By signing this
certificate, the Warrantholder accepts to have received the issued warrants on the above terms. 
  

							
	Place:                     , [date]	 		 	Hellerup, [date]
			
	  
	 		 	  

	[Name]	 		 	Michael Wolff Jensen, Chairman









 
			
	  

	Jan Møller Mikkelsen, CEO



  
 2
<PAGE>   1
     Exhibit 10.26

       Confidential portions of this document indicated by ***** have been
                omitted and filed separately with the Commission

                        REYNOLDS ALUMINUM SUPPLY COMPANY
                  10707 North Pomona Ave. Kansas City, MO 64079
                    Phone: (816) 200-1000 Fax: (816) 200-1037



October 30, 2000

Ms. Shar Hruska

Featherlite Mfg. Inc.
P.O. Box 320
Cresco, IA. 52136

Dear Shar:

         Per your verbal authorization, Reynolds Aluminum Supply Company locked
up a total of *****# of aluminum ingot at *****/# for aluminum mill finish and
painted for the first quarter of 2001. Also, locked up *****# of roof coil for
the first quarter of 2001. Orders will be placed according to Featherlite's
requirements when needed.

         Please keep this letter for your records. If you have any questions,
please give me a call.


Sincerely

/s/ Steve Merryman
Steve Merryman
Reynolds Aluminum Supply Co.

cc:      Gary Ihrke
         Sue Roberts
#### In the Matter of Michelle E. McDonald, Appellant, v Raymond G. Briggs, as Assessor of Village and Town of Remsen, Respondent.

[666 NYS2d 65]

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied petitioner’s motion for summary judgment. We reject petitioner’s contention that a Hearing Officer’s decision in a small claims assessment review in 1994 has res judicata effect with respect to petitioner’s assessment in 1995. RPTL 735 expressly provides that “small claims assessment review shall not constitute precedent for any purpose or proceeding involving the parties or any other person or persons”. The petition preceded the effective date of RPTL 739, which provides that, when a Small *1038Claims Hearing Officer orders a reduction in an assessment, the assessed valuation may not be changed on the next year’s assessment roll except under specified circumstances. (Appeal from Order of Supreme Court, Oneida County, Grow, J.—Tax Certiorari.) Present—Lawton, J. P., Hayes, Doerr, Balio and Fallon, JJ.