alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Page 48523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22572]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel; Partnerships for the Development of 
Tools to Advance Therapeutic Discovery for Select Antimicrobial 
Resistant Gram-Negative Bacteria (R01).
    Date: November 8-9, 2017.
    Time: 11:00 a.m. to 3:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 5601 Fishers Lane, 
Rockville, MD 20892 (Telephone Conference Call).
    Contact Person: Yong Gao, Ph.D., Scientific Review Officer, 
Scientific Review Program, Division of Extramural Activities, Room 
#3G13B, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 
9823, Rockville, MD 20892-7616, (240) 669-5048, <a href="/cdn-cgi/l/email-protection#f78e989990d9909698b7999e9fd9909881"><span class="__cf_email__" data-cfemail="1f6670717831787e705f71767731787069">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: October 13, 2017.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2017-22572 Filed 10-17-17; 8:45 am]
 BILLING CODE 4140-01-P


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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 Form 10-Q for NetScreen
Technologies, Inc. (the Company) for the quarter ended December 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert D. Thomas, 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, to my knowledge:



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



| | (B) |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the quarter covered by the
Report.
| | --- |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/    ROBERT D.
THOMASRobert D. Thomas President and Chief Executive Officer NetScreen Technologies, Inc.Date:

February 17, 2004




This certification accompanies
this Report 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.
#### UNITED STATES of America, Plaintiff-Appellee, v. Efren Rivera TREJO, Defendant-Appellant.

No. 10-50101.

United States Court of Appeals, Ninth Circuit.

Submitted March 8, 2011.*

Filed March 14, 2011.

Michael J. Raphael, Esquire, Assistant U.S., Office of the U.S. Attorney, Los An-geles, CA, Joseph B. Widman, Assistant U.S., Office of the U.S. Attorney, Riverside, CA, for Plaintiff-Appellee.

Gia Kim, Esquire, Deputy Federal Public Defender, FPDCA-Federal Public Defender’s Office, Los Angeles, CA, for Defendant-Appellant.

Before: FARRIS, LEAVY, 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 **

Efren Rivera Trejo appeals from the 60-month sentence imposed following his guilty-plea conviction for being an illegal alien found in the United States after de*685portation, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Trejo contends that the district court procedurally erred by relying on a clearly erroneous fact at sentencing. Specifically, he contends that the district court sentenced him based on the mistaken belief that his inheritance was not guaranteed. This contention is belied by the record. *See United States v. Ressam,*629 F.3d 793, 825 (9th Cir.2010) (a finding of fact is clearly erroneous if we have a definite and firm conviction that a mistake has been committed); *see also Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007) (a district court commits procedural error by “selecting a sentence based on clearly erroneous facts”).

He further contends that his below-Guideline sentence is substantively unreasonable. The record reflects that the sentence imposed is substantively reasonable in light of the totality of the circumstances and the factors set forth in 18 U.S.C. § 3553(a). *See Gall,*552 U.S. at 51-52, 128 S.Ct. 586.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<PAGE>
 
                                                                      EXHIBIT 21
                                                                      ----------

                        SUBSIDIARIES OF THE REGISTRANT
                      ----------------------------------
                             (Direct and Indirect)
                                        
<TABLE>
<CAPTION>
                      Name of Subsidiary                          Jurisdiction of Incorporation
                      ------------------                          -----------------------------
<S>                                                               <C>
 
U.S. Foodservice, Inc.                                            Delaware
 
  JP Foodservice Distributors, Inc.                               Delaware
      JPFD Funding Company                                        Delaware
      Illinois Fruit & Produce Corp.                              Illinois
      Westlund Provisions, Inc.                                   Minnesota
      Squeri Cash & Carry, Inc.                                   Ohio
      Squeri Food Service, Inc.                                   Ohio
      E&H Distributing Co.                                        Nevada
         Nevada Baking Company, Inc.                              Nevada
         Harrison's Prime Meats & Provisions, Inc.                Nevada
         Outwest Meat Company                                     Nevada
      Sorrento Food Service, Inc.                                 New York
 
  RS Funding, Inc.                                                Nevada
 
  Targeted Specialty Services, Inc.                               Delaware
 
  BRB Holdings, Inc.                                              Delaware
      White Swan, Inc.                                            Delaware
         U.S. Systems Distribution, Inc.                          Texas
      Biggers Brothers, Inc.                                      Delaware
         King's Foodservice, Inc.                                 Kentucky
         U.S. Foodservice of Atlanta, Inc.                        Delaware
      Roanoke Restaurant Service, Inc.                            Virginia
      F.H. Bevevino & Company, Inc.                               Pennsylvania
 
  John Sexton & Co.                                               Delaware
      U.S. Foodservice of Illinois, Inc.                          Delaware
      Duke Associates (Partnership) (1)
</TABLE>


________________________

(1)  97% owned by John Sexton & Co.; 3% owned by U.S. Foodservice, Inc.
Exhibit 32.1

SECTION 906 CERTIFICATION

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 Emergency Filtration Products, Inc.
(the "Company") on Form 10-QSB for the quarter ending June 30, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Douglas K. Beplate, Principal 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, that, to the best of my 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 result of operations of the Company.


/s/ Douglas K. Beplate
Douglas K. Beplate, Principal Executive Officer

Date: August 13, 2004


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement 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.
#### Fahmy Romana, Appellant, v NYRAC, Inc., Doing Business as Budget Rent A Car, Respondent, et al., Defendant.

*499[666 NYS2d 713]

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Huttner, J.), dated September 17, 1996, which granted the motion by the defendant NYRAC, Inc., d/b/a Budget Rent A Car for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The plaintiff, a gasoline station attendant, was allegedly injured when the defendant Vanessa Glover, driving a car that she had leased from the defendant NYRAC, Inc., d/b/a Budget Rent A Car (hereinafter NYRAC), drove off as the plaintiff was reaching inside the car window to collect the money for the gas that he had just pumped for Glover’s vehicle. The plaintiff sought to recover damages from NYRAC on the ground that a vehicle owner is financially responsible for injuries caused by the negligence of any person driving the vehicle with permission.

The proponent of a motion for summary judgment “must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact” *(Alvarez v Prospect Hosp.,*68 NY2d 320, 324). Once the movant has demonstrated a prima facie showing of entitlement to judgment, the burden shifts to the party opposing the motion to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which requires a trial of the action *(see, Zuckerman v City of New York,*49 NY2d 557, 562; *Alvarez v Prospect Hosp., supra).*

We have reviewed the record and find that, under the circumstances of this case, NYRAC has demonstrated its entitlement to judgment in its favor as a matter of law *(see,*CPLR 3212 [b]; *Zuckerman v City of New York, supra).*In response, the plaintiff has failed to proffer any evidence to show the existence of triable issues of fact. The affidavit of the plaintiff’s counsel is insufficient to make the evidentiary showing necessary to defeat the motion *(Roche v Hearst Corp.,*53 NY2d 767; *Rotuba Extruders v Ceppos,*46 NY2d 223). O’Brien, J. P., Thompson, Sullivan and McGinity, JJ., concur.
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 on Form 10-K/A for the period ended December 31, 2010 of Dutch Gold Resources, Inc., a Nevada corporation (the “Company”), as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Daniel W. Hollis, 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, that:





1. The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities and Exchange Act of 1934, as amended; and





2. The information contained in this Report fairly presents, in all material respects, the financial condition and results of operation of the Company.





Date: August 31, 2011





/s/Daniel W. HollisDaniel W. Hollis, Chief Executive Officer and Director(principal executive officer)
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from 
Polymer Group, Inc.'s 1997 Annual Report on Form 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>                         JAN-03-1998
<PERIOD-START>                            DEC-29-1996
<PERIOD-END>                              JAN-03-1998
<CASH>                                         50,190
<SECURITIES>                                    7,754         
<RECEIVABLES>                                 112,831
<ALLOWANCES>                                    5,503
<INVENTORY>                                    94,128
<CURRENT-ASSETS>                              755,070 
<PP&E>                                        697,804
<DEPRECIATION>                                 91,544
<TOTAL-ASSETS>                              1,627,753
<CURRENT-LIABILITIES>                         535,045
<BONDS>                                       675,107
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                          320
<OTHER-SE>                                    198,770
<TOTAL-LIABILITY-AND-EQUITY>                1,627,753
<SALES>                                       535,267 
<TOTAL-REVENUES>                              535,267
<CGS>                                         402,058         
<TOTAL-COSTS>                                 402,058 
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             30,499
<INCOME-PRETAX>                                40,442
<INCOME-TAX>                                   13,009
<INCOME-CONTINUING>                            27,433
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                               (12,005)
<CHANGES>                                           0 
<NET-INCOME>                                   15,428
<EPS-PRIMARY>                                     .48
<EPS-DILUTED>                                     .48
        

</TABLE>
* 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 C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED January 8, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-20352 Summary Calendar

MIKE LEAL GUERRERO, Plaintiff-Appellant,

versus MELANIE POTTER; DR. LARRY LARGENT; NOORALLAN MACKWANI; DR. NAIK KOKILA, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. 4:06-CV-881

-------------------- Before JOLLY, DENNIS, and CLEMENT, Circuit Judges
PER CURIAM: * Mike Leal Guerrero, Texas prisoner # 567945, appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint, in which he raised claims of deliberate indifference to his serious medical needs. The district court dismissed the complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) as frivolous and for failure to state a claim upon which relief could be granted. The district court determined that Guerrero’s complaint was barred byNo. 06-20352 -2- the applicable limitations period and, alternatively, that Guerrero was not entitled to relief on the merits of his claim. Guerrero’s civil rights complaint was not filed within two years of the date that he learned of his injury. Owens v. Okure , 488 U.S. 235, 249-50 (1989); Piotrowski v. City of Houston , 51 F.3d 512, 516 (5th Cir. 1995); TEX . C IV . PRAC . AND REM . C ODE § 16.003(a) . His previous complaint challenging the actions of the defendants was dismissed voluntarily pursuant to Guerrero’s motion and thus did not toll the limitations period. See Burge v. Parish of St. Tammany , 996 F.2d 786, 787 (5th Cir. 1993); Guaranty County Mut. Ins. Co. v. Reyna , 700 S.W.2d 325, 327 (Tex. App. 1985). Guerrero’s appeal is without arguable merit and is frivolous. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is dismissed. See 5 TH C IR . R. 42.2. Guerrero is cautioned that the dismissal of this appeal as frivolous, and the district court’s dismissal of his complaint as frivolous, count as strikes under 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 387-88 (5th Cir. 1996). He is cautioned that if he accumulates three strikes under § 1915(g), he will not be able to proceed in forma pauperis (IFP) in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See § 1915(g). APPEAL DISMISSED; SANCTION WARNING ISSUED.
<PAGE>

DELOITTE & TOUCHE LLP                              Northwest Bank Building
                                                   101 West Second Street
                                                   Davenport, IA 52801-1813
                                                   319-322-4415

CONSENT OF INDEPENDENT AUDITORS

MidAmerican Energy Company:

We consent to the incorporation by reference in Registration Statement
File No.'s 2-85102, 33-60549, 33-60849 and 33-60851 of our reports dated
January 25, 1995, covering the consolidated balance sheet and statement of
capitalization of Iowa-Illinois Gas and Electric Company and subsidiary
as of December 31, 1994, and the related statements of income, retained
earnings and cash flows for the years ended December 31, 1994 and 1993,
and the schedule listed in Item 14(a)2 as of December 31, 1994 and 1993 and
for each of the two years in the period ended December 31, 1994, appearing in
MidAmerican Energy Company's Form 10-K for the year ended December 31, 1995.
It should be noted that we have not audited any financial statements of
Iowa-Illinois Gas and Electric Company and subsidiary subsequent to
December 31, 1994, or performed any audit procedures subsequent to the date of
our report.


                                           /s/ DELOITTE & TOUCHE LLP

March 8, 1996
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 19

- 00068

- CV

O AK P OINT B OARD OF A DJUSTMENT

, Appellant

V

.

J EFF H OULE

, Appellee §

§

§

§

§ On Appeal from

County Court at Law No. 2

of Denton County (CV

- 2018

- 03798)

December 12, 201 9

Op inion by Justice Womack

JUDGMENT

This court has considered the record on appeal in this case and holds that

appellee ’ s claims against appellant are moot

. It is t herefore ordered that the

February 25, 2019 orders denying appellant ’ s plea to the jur is diction and granting

appellee ’ s petition for writ of certiorari are vacated and that appellee ’ s claims against

appellant are dismissed for want of jurisdiction

.

It is further ordered that all parties shall bear their own costs of this appeal, for

which let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dana Womack

Justice Da na Womack
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED MAY 31, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-1999
<PERIOD-START>                             JUN-01-1998
<PERIOD-END>                               MAY-31-1999
<CASH>                                           5,787
<SECURITIES>                                         0
<RECEIVABLES>                                    1,955
<ALLOWANCES>                                       167
<INVENTORY>                                      4,936
<CURRENT-ASSETS>                                14,891
<PP&E>                                          29,404
<DEPRECIATION>                                  10,671
<TOTAL-ASSETS>                                  81,256
<CURRENT-LIABILITIES>                            6,630
<BONDS>                                         75,994
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             4
<OTHER-SE>                                     (5,462)
<TOTAL-LIABILITY-AND-EQUITY>                    81,256
<SALES>                                         51,138
<TOTAL-REVENUES>                                51,138
<CGS>                                            8,000
<TOTAL-COSTS>                                   42,678
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               7,823
<INCOME-PRETAX>                                (7,340)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (7,340)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (7,340)
<EPS-BASIC>                                   (2.52)
<EPS-DILUTED>                                   (2.52)


</TABLE>