alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lori Ann DAVIDSON, Steven Lee Davidson, Plaintiffs-Appellants, v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, Defendant-Appellee.

No. 10-15510

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

April 6, 2011.

Kerry C. Mcguinn, Jr., Michael S. Ry-want, Rywant, Alvarez, Jones, Russo & Guyton, P.A., Tampa, FL, for Plaintiffs-Appellants.

John A. Guyton, III, Rywant, Alvarez, Jones, Russon *&*Guyton, P.A., Tampa, FL, B. Richard Young, Adam A. Duke, Young, Bill, Fugett & Roumbos, P.A., Pensacola, FL, for Defendant-Appellee.

Before TJOFLAT, EDMONDSON and PRYOR, Circuit Judges.

PER CURIAM:

This is an action by Government Employees Insurance Company (“GEICO”) insureds, Lori Ann and Steve Davidson, in which the Davidsons allege that GEICO acted in bad faith in handling a personal injury claim against them and that such *791bad faith action led to the entry of a judgment against them in excess of their insurance policy limits. The district court, in an order entered on October 26, 2010, granted GEICO summary judgment. The Davidsons appeal contending that material issues of fact exist which preclude summary judgment. We disagree. For the reasons the district court stated in its October 26 order, GEICO is not guilty of the bad faith the Davidsons allege.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS FOUND ON PAGES 1 - 3 OF THE COMPANY'S FORM
10-Q FOR THE YEAR-TO-DATE AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,101,620
<SECURITIES>                                         0
<RECEIVABLES>                                   10,893
<ALLOWANCES>                                         0
<INVENTORY>                                 11,416,891
<CURRENT-ASSETS>                             3,287,658
<PP&E>                                       6,062,350
<DEPRECIATION>                               2,258,351
<TOTAL-ASSETS>                              20,676,908
<CURRENT-LIABILITIES>                        9,868,413
<BONDS>                                      5,140,676
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        24,336
<OTHER-SE>                                   5,734,233
<TOTAL-LIABILITY-AND-EQUITY>                20,676,908
<SALES>                                     23,022,033
<TOTAL-REVENUES>                            23,022,033
<CGS>                                        8,790,549
<TOTAL-COSTS>                               24,482,287
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             707,834
<INCOME-PRETAX>                            (2,142,627)
<INCOME-TAX>                                     9,413
<INCOME-CONTINUING>                        (2,152,040)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,152,040)
<EPS-PRIMARY>                                   (0.88)
<EPS-DILUTED>                                   (0.88)
        


</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3058 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3058

 To authorize the voluntary purchase of certain properties in Treece, 
  Kansas, endangered by the Cherokee County National Priorities List 
                     Site, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2009

 Ms. Jenkins introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
 To authorize the voluntary purchase of certain properties in Treece, 
  Kansas, endangered by the Cherokee County National Priorities List 
                     Site, and for other purposes.

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

SECTION 1. ENVIRONMENTAL PROTECTION AGENCY AUTHORITY.

    (a) Authorization.--Not later than 30 days after the date of the 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall make available to the State of Kansas 
$3,500,000 for use by the State in accordance with subsection (b).
    (b) Use of Funds by State.--
            (1) In general.--The State of Kansas shall--
                    (A) deposit the amounts received under subsection 
                (a) into the fund established under Kansas House Bill 
                2168 (2007), entitled ``An Act concerning certain 
                communities within superfund sites; providing for 
                relocation and other assistance.'' and enacted on July 
                13, 2007 (2007 Kan. Sess. Laws 17); and
                    (B) use the amounts in accordance with that bill 
                for the purpose of--
                            (i) purchasing, with the consent of the 
                        property owners, the properties described in 
                        paragraph (2); and
                            (ii) providing relocation assistance to the 
                        residents of those properties.
            (2) Description of properties.--The properties referred to 
        in paragraph (1) are--
                    (A) properties in Treece, Kansas, that are in 
                danger of being destroyed by subsidence relating to, 
                and that may endanger the health of occupants as a 
                result of risks posed by, the Cherokee County National 
                Priorities List Site; and
                    (B) residential properties of water customers of 
                Picher, Oklahoma, residing in or near Treece, Kansas.
    (c) Limitation.--The Uniform Relocation Assistance and Real 
Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) 
shall not apply to any use of funds in accordance with this section.
                                 <all>
```
Exhibit 99.1

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

In connection with the Quarterly Reports of Emergency Filtration Products,
Inc. (the Company) on Form 10-QSB for the period ending March 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Douglas K. Beplate, President 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) 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 Enterprise.

/s/ Douglas K. Beplate
Douglas K. Beplate
Chief Executive Officer
Emergency Filtration Products, Inc.
May 15, 2003
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6025

MARY M. GREEN,

Petitioner - Appellant,

versus

JAMES LILLER, Superintendent, Pruntytown

Correctional Center,

Respondent - Appellee.

Appeal from the United States District Court for the Southern

District of West Virginia, at Huntington. Joseph Robert Goodwin,

District Judge. (CA-95-1090-3)

Submitted: March 27, 1997 Decided: April 11, 1997

Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mary M. Green, Appellant Pro Se. Darrell V. McGraw, Jr., Dawn E.

Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant filed an untimely notice of appeal. We dismiss for

lack of jurisdiction. The time periods for filing notices of appeal

are governed by Fed. R. App. P. 4. These periods are "mandatory and

jurisdictional." Browder v. Director, Dep't of Corrections, 434

U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S.

220, 229 (1960)). Parties to civil actions have thirty days within

which to file in the district court notices of appeal from judgments or final orders. Fed. R. App. P. 4(a)(1). The only exceptions

to the appeal period are when the district court extends the time

to appeal under Fed. R. App. P. 4(a)(5) or reopens the appeal

period under Fed. R. App. P. 4(a)(6).

The district court entered its order on September 16, 1996;

Appellant's notice of appeal was filed on October 18, 1996. Appellant's failure to note a timely appeal or obtain an extension of

the appeal period leaves this court without jurisdiction to consider the merits of Appellant's appeal. We therefore deny a certificate of appealability and dismiss the appeal. We deny Appellant's

motion for appointment of counsel and dispense with oral argument

because the facts and legal contentions are adequately presented

in the materials before the court and argument would not aid the

decisional process.

DISMISSED
1 IN THE SUPREME COURT OF THE STATE OF MONTANA

Supreme Court Cause No. DA 23

- 0198

GARDINER

- PARK COUNTY WATER )

AND SEWER DISTRICT, ) ORDER OF SUBSTITUTION ) OF MEDIATOR

Plaintiff/Counter

- Defendant, ) and Appellee and Cross

- Appellant, ) )

v. ) )

DONALD KNIGHT, GINA M. KNIGHT, )

LAN DON KNIGHT, and JOHN DOES 1

- 10, )
)

Defendants/Counter

- Plaintiffs

, ) and Appellants. ) )
)
DONALD KNIGHT and GINA M. KNIGHT, )
)

Third

- Party Plaintiffs, ) )

v. ) ) PARK COUNTY, a political subdivision of )
the State of Montana, acting by and through its ) County Commissioners, Bill Berg, Steve ) Caldwell, and Clint Tinsley, ) )

Third

- Party Defendant s

. ) ) )

GARDINER

- PARK COUNTY WATER )

AND SEWER DISTRICT, ) ) 05/02/2023

Case Number: DA 23-01982 Third

- Party Plaintiff and

, )

Cross

- Appellant, ) )

v. )
)

STANDISH EXCAVATION, LC, ) )

Third

- Party Defendant. ) ) )
DONALD KNIGHT, GINA M. KNIGHT, and )

LANDON KNIGHT, ) )

Third

- Party Plaintiffs and

, ) Appellants, ) )

v. )
)

THOMAS E. STONE, DONALD L. CLARK, )
VICTOR D. BEERS, and BRAD A. )

HARBACH, ) )

Third

- Party Defendants , and )
Appellees

. ) )

The parties have notified this Court of an agreed upon mediator substitution.

IT IS HEREBY ORDERED THAT Retired Judge Jeffrey Sherlock is

hereby substituted to conduct the mediation process required by M.R.App.P., 7(5).

True copies of this order are being provided to counsel of record for the

parties.

Electronically signed by:

Mike McGrath Chief Justice, Montana Supreme Court

May 2 2023
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-6862

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JAMES EDWARD DAWKINS,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Statesville. Richard L. Voorhees,

District Judge. (CR-95-9-V, CA-98-32-5-2-V)

Submitted: November 29, 2001 Decided: December 5, 2001

Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richard Edward Dawkins, Appellant Pro Se. Harry Thomas Church,

Assistant United States Attorney, Charlotte, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

James Edward Dawkins appeals from the district court’s order

declining to grant Fed. R. Civ. P. 60(b) relief from the final

order dismissing his 42 U.S.C.A. § 2255 (West Supp. 2001) motion.

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we deny leave to proceed in

forma pauperis, deny a certificate of appealability, and dismiss on

the reasoning of the district court. United States v. Dawkins,

Nos. CR-95-9-V; CA-98-32-5-2-V (W.D.N.C. filed May 1, 2001; entered

May 9, 2001). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

DISMISSED
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2802 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2802

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 23, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 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.

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

SECTION 1. EXTENSION OF LEGISLATIVE AUTHORITY FOR MEMORIAL 
              ESTABLISHMENT.

    (a) Legislative Authority.--Section 1(c) of Public Law 107-62 is 
amended by striking ``accordance with'' and all that follows through 
the period at the end and inserting the following: ``accordance with 
chapter 89 of title 40, United States Code, except that any reference 
in section 8903(e) of that chapter to the expiration at the end of or 
extension beyond a seven-year period shall be considered to be a 
reference to an expiration on or extension beyond December 2, 2013.''.
    (b) Technical Amendments.--Public Law 107-62 is amended--
            (1) in section 1(e), by striking ``(40 U.S.C. 1001, et 
        seq.)'' and inserting ``(40 U.S.C. 8901 et seq.)''; and
            (2) in section 2, by striking ``(40 U.S.C. 1002)'' and 
        inserting ``(40 U.S.C. 8902(a))''.

            Passed the House of Representatives September 22, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
Exhibit 32.1 Certification Pursuant to Section 1350 of Chapter 63 of Title 18 of the United States Code  I, Edward Suydam, the Chief Executive Officer of Nano Mask, Inc. (Nano Mask), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:  (i) the accompanying Form 10-Q of Nano Mask for the quarter ended September 30, 2010 (the Form 10-Q) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (ii) the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of Nano Mask.  /s/ Edward Suydam Edward Suydam Chief Executive Officer (Principal Executive Officer) Nano Mask, Inc.  January 5, 2012
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3119 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 3119

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 867 Stockton Street in San Francisco, California, as the ``Lim Poon 
                           Lee Post Office''.

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

SECTION 1. LIM POON LEE POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 867 Stockton Street in San Francisco, California, shall be 
known and designated as the ``Lim Poon Lee Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Lim Poon 
Lee Post Office''.

            Passed the House of Representatives July 22, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 3119

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 867 Stockton Street in San Francisco, California, as the ``Lim Poon 
                           Lee Post Office''.
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2938 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2938

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2009

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 AN ACT

 
     To extend the deadline for commencement of construction of a 
                         hydroelectric project.

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

SECTION 1. EXTENSION.

    (a) In General.--Notwithstanding the time period specified in 
section 13 of the Federal Power Act (16 U.S.C. 806) that would 
otherwise apply to the Federal Energy Regulatory Commission project 
numbered 12187, the Commission may, at the request of the licensee for 
the project, and after reasonable notice, in accordance with the good 
faith, due diligence, and public interest requirements of that section 
and the Commission's procedures under that section, extend the time 
period during which the licensee is required to commence the 
construction of the project for up to 3 consecutive 2-year periods from 
the date of the expiration of the extension originally issued by the 
Commission.
    (b) Reinstatement of Expired License.--If the period required for 
commencement of construction of the project described in subsection (a) 
has expired prior to the date of the enactment of this Act, the 
Commission may reinstate the license effective as of the date of its 
expiration and the first extension authorized under subsection (a) 
shall take effect on the date of such expiration.

            Passed the House of Representatives July 22, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
Exhibit
        32.2
  
 **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 Inova Technology, Inc. (the “Company”)
        on Form 10-Q for the period ending July 31, 2008, (the “Report”), as filed with
        the Securities and Exchange Commission on the date hereof, I, Bob Bates,
        Chief
        Financial Officer of the Company, certify, pursuant to 18 U.S.C. Sec.1350,
        as
        adopted pursuant to Sec.906 of the Sarbanes-Oxley Act of 2002, to the best
        of my
        knowledge, that
 
 (1)
        The
        Report fully complies with the requirements of section 13(a) or 15(d) of
        the
        Securities Exchange Act of 1934; and
 
 (2)
        The
        information contained in the Report fairly presents, in all material respects,
        the financial condition and results of operations of the Company.
 
 
 
 By:
        /s/
        Bob Bates
 
 Bob
        Bates
 Chief
        Financial Officer
 *December
        15, 2008*
EXHIBIT 99


Securities and Exchange Commission
450 Fifth Street, N.W.
Washington, D.C. 20549

Re: Representation to the Securities and Exchange Commission

Arthur Andersen LLP has represented to us that:

The audits as of December 31, 2001 and 2000 and for each of the three years in
the period ended December 31, 2001 were subject to Arthur Andersen's quality
control system for the U.S. accounting and auditing practice to provide
reasonable assurance that the engagements were conducted in compliance with
professional standards, that there were appropriate continuity of Andersen
personnel working on the audits, availability of national office consultation,
and availability of personnel at foreign affiliates of Arthur Andersen to
conduct the relevant portions of the audits.


                                   Mattson Technology, Inc.

                                   By: /s/  Ludger Viefhues
                                       ----------------------------
                                       Ludger Viefhues
                                       Executive Vice President -- Finance
                                       and Chief Financial Officer
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





This certification is not to be deemed filed pursuant to the Securities Exchange Act of 1934, as amended, and does not constitute a part of the Quarterly Report of Quick-Med Technologies, Inc. (the “Company”) on Form 10-Q for the period ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report").





In connection with the  Report, I, Nam H. Nguyen, Chief Financial Officer of the Company, hereby certify, pursuant Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(a)
The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the date and for the periods indicated.











Dated:  May 16, 2011                                                                                      /s/ Nam H. Nguyen


Nam H. Nguyen


Chief Financial Officer
#### Eugenia DERDEN, Plaintiff-Appellant, v. MARICOPA COUNTY JUVENILE COURT, Defendant-Appellee.

No. 08-16585.

United States Court of Appeals, Ninth Circuit.

Submitted March 9, 2010.*

Filed March 15, 2011.

Eugenia Derden, Gilbert, AZ, pro se.

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 **

Eugenia Derden appeals pro se from the district court’s June 16, 2008 order which denied Derden’s “motion for a stay,” and directed Derden to comply with the court’s April 4, 2008 order. The district court did not abuse its discretion in denying Der-den’s motion for a stay where in its April 4, 2008 order the district court: noted that Derden failed to comply with its prior order to file an amended complaint identifying the basis for federal jurisdiction; noted that the case was dismissed without prejudice to her filing a new complaint in a separate action; and ordered that Derden not file any further documents in the case.

Derden’s request for appointment of counsel is denied.

AFFIRMED.

**

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