alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Versa BROWN, Plaintiff-Appellant, v. NORTH PANOLA SCHOOL DISTRICT; The Excellence Group, Limited Liability Corporation; Bob Strebeck, Conservator, North Panola School District, in His Official and Individual Capacities; Lucinda Carter, Former Superintendent, North Panola School District, in Her Official and Individual Capacities, Defendants-Appellees.

No. 10-60685.

United States Court of Appeals, Fifth Circuit.

March 31, 2011.

Joseph Robert Murray, II, Harrison Law Office, Ripley, MS, Walter Brent Mcbride, Esq., Mcbride Law Firm, P.L.L.C., Tupelo, MS, for Plaintiff-Appellant.

James H. Stock, Jr., Esq., Robbin Wilson Hutton, Esq., Weintraub Stock, P.C., Memphis, TN, John Max Edwards, Jr., Esq., Attorney, Pontotoc, MS, for Defendants-Appellees.

*400Before SMITH, DeMOSS, and OWEN, Circuit Judges.

PER CURIAM: *

Versa Brown was discharged as a high school principal and sued the school district, school officials, and a private educational-enrichment group under various state and federal theories. The district court granted the defendants summary judgment, explaining its reasoning in a thorough and convincing memorandum opinion, *Brown v. N. Panola Sch. Dist.,*No. 2:09-CV-102, 2010 WL 3001914, 2010 U.S. Dist. LEXIS 76419 (N.D.Miss. July 28, 2010).

We have reviewed the briefs, pertinent portions of the record, and the applicable law and have heard the arguments of counsel. Because there is no error, we affirm, essentially for the reasons given by the district court.

While this matter was pending on appeal, the Supreme Court decided *Staub v. Proctor Hospital,*— U.S. -, 131 S.Ct. 1186, 179 L.Ed.2d 144 (2011), which addresses the so-called “cat’s paw” theory of employer liability regarding actions by supervisors. We have *sua sponte*examined *Staub*and find nothing in it that affects our conclusion that summary judgment was proper. We express no view on what legal standard applies to cat’s paw claims under 42 U.S.C. § 1983 in light of *Staub.*

The summary judgment is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
<PAGE>   1


         Exhibit 10.33

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


ALCOA                                               Alcoa Extruded
                                                    Construction
                                                    Products
                                                    Alcoa Extrusions, Inc.
                                                    1907 Industrial Park Dr.
                                                    Plant City FL 33567 USA
                                                    Tel: 1 813 752 4117

March 14, 2001


Mr. Gary Ihrke
Vice President of Operations
Featherlite Trailers
P O Box 320
Cresco IA 52136

Dear Gary,

This letter will serve as confirmation of our agreement finalized today. Alcoa
has purchased with your authorization, *****# of aluminum for your extrusion
needs during the May and June of this year. The extrusions will be purchased and
delivered at a base price of $***** per # on solid shapes and $***** per # on
hollow shapes. As agreed, any side panels will require a $***** adder. The
extrusions will be delivered from our plant in Yankton, South Dakota.

We will continue to monitor the market for an opportunity to cover your needs
for the balance of our agreement.

Thank you for your business.

Yours truly,
/s/Herb Grubbs

Herb Grubbs
Regional Sales Manager


Cc: Bob Roden - Plant City
    Jan Mauch - Yankton
    Craig Lepa - Featherlite
#### UNITED STATES of America, Plaintiff—Appellee, v. Daahuadd Sahhib STEWART, Defendant—Appellant.

No. 07-10275.

United States Court of Appeals, Ninth Circuit.

Submitted April 22, 2008 *.

Filed May 2, 2008.

Eric Johnson, AUSA, Robert L. Ellman, Esq., USLV — Office of the U.S. Attorney, Lloyd George, Las Vegas, NV, for Plaintiff-Appellee.

Rene L. Valladares, Esq., FPDNV— Federal Public Defender’s Office, Las Vegas, NV, for Defendant-Appellant.

Before: GRABER, FISHER, and BERZON, Circuit Judges.

*

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

MEMORANDUM **

Daahuadd Sahhib Stewart appeals from the 188-month sentence imposed following his guilty-plea conviction for armed robbery, in violation of 18 U.S.C. § 2113(a), (d). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Stewart contends that his sentence is unreasonable because the district court did not impose a sentence below the Guideline’s range based on his mental health problems. He asserts that the district court gave improper weight to a report that concluded that he exaggerated his symptoms. The record reflects that the district court did not clearly err in this regard. *See Gall v. United States,*— U.S.-, 128 S.Ct. 586, 597, 169 L.Ed.2d 445 (2007) (the district court commits a procedural error if it selects a sentence based on clearly erroneous facts). Moreover, Stewart’s sentence is not substantively unreasonable. *See id.*

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
<TABLE>
<CAPTION>
                                                                      EXHIBIT 12

                                       CENTRAL TRACTOR FARM & COUNTRY, INC.
                       SCHEDULE REGARDING COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES

                                                  (in thousands)


                                                            Fiscal 1997
                                                 ----------------------------------
                                                  7 months ended     5 months ended       Fiscal
                                  Fiscal 1998    November 1, 1997    March 26, 1997        1996
                                  -----------    ----------------    --------------       -------
                                 


<S>                                <C>                <C>               <C>               <C>   
Income before income taxes          $18,375            3,422             (1,881)           14,994
                                    =======          =======            =======           =======
                                                                                         
Fixed charges:                                                                           
  Interest expense                  $20,466           11,463              3,188             1,663
  Portion of rent expense                                                                
    representing interest             2,920            1,860                814             1,859
                                    -------          -------            -------           -------
 Total fixed charges                $23,386           13,323              4,002             3,522
                                    =======          =======            =======           =======
                                                                                         
                                                                                         
Earnings before income                                                                   
  taxes and fixed charges           $41,761           16,745              2,121            18,516
                                    =======          =======            =======           =======
                                                                                         
Ratio (deficiency) of                                                                    
 earnings to fixed charges              1.8x             1.3x           $(1,881)              5.3x
                                    =======          =======            =======           =======
                                                                                  
               
</TABLE>
CERTIFICATION PURSUANT
TO RULE 13a-14 OR 15d-14 OF THESECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002

I, Ray Hawkins, certify
that:

1.         I
have reviewed this quarterly report on Form 10-QSB of Livestar Entertainment
          Group Inc. (the Registrant);

2.     Based on
my knowledge, this quarterly report           does not contain any untrue statement of a
material fact or omit to state a           material fact necessary to make the statements
made, in light of the           circumstances under which such statements were made, not
misleading with respect           to the period covered by this quarterly report;

3.     Based on
my knowledge, the           financial statements, and other financial information
included in this quarterly           report, fairly present in all material respects the
financial condition, results           of operations and cash flows of the registrant as
of, and for, the periods           presented in this quarterly report;

4.     I am
responsible for establishing and           maintaining disclosure controls and procedures
(as defined in Exchange Act Rules           13a-14) for the registrant and have:

a)       
          designed such disclosure controls and procedures to ensure that material
          information relating to the registrant, including its consolidated subsidiaries,
          is made known to me by others within those entities, particularly during the
          period in which this quarterly report is being prepared;

b)       
          evaluated the effectiveness of the registrants disclosure controls and
          procedures as of a date within 90 days prior to the filing date of this
          quarterly report (the Evaluation Date); and

c)       
          presented in this quarterly report my conclusions about the effectiveness of the
          disclosure controls and procedures based on my evaluation as of the Evaluation
          Date;

5.     I have
disclosed, based on my most recent evaluation, to the           registrants
auditors and the audit committee of registrants board of           directors (or
persons performing the equivalent functions):

a)       
          all significant deficiencies in the design or operation of internal controls
          which could adversely affect the registrants ability to record, process,
          summarize and report financial data and have identified 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 a significant role in the registrants internal controls; and

6.     I
          have indicated in this quarterly report whether there were significant changes
          in internal controls or in other factors that could significantly affect
internal controls subsequent to the date of my most recent evaluation, including any
corrective actions with regard to significant deficiencies and material weaknesses.

Dated: May 24, 2004

________________Ray HawkinsChief Executive
Officer(Principal Executive Officer)
<PAGE>

                                  Exhibit 99.01

Certification of Chief Executive Officer and 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 Quarterly Report of eUniverse, Inc. (the "Company") on
Form 10-Q for the period ending September 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Brad D. Greenspan, as
Chief Executive Officer of the Company, and Joseph L. Varraveto, as Chief
Financial Officer of the Company, each hereby certifies, pursuant to 18 U.S.C.
'SS' 1350, as adopted pursuant to 'SS' 906 of the Sarbanes-Oxley Act of 2002, to
the best of his 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 result of operations of the Company.


/s/ Brad D. Greenspan                                  Date: February 14, 2003
-----------------------
Brad D. Greenspan
Chief Executive Officer


/s/ Joseph L. Varraveto                                Date: February 14, 2003
-----------------------
Joseph L. Varraveto
Chief Financial Officer

This certification accompanies this Report pursuant to 'SS' 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.


                                    26
Exhibit
      ___





**CERTIFICATION
      PURSUANT TO**


**THE
      SARBANES-OXLEY ACT OF 2002**


**CHIEF
      FINANCIAL OFFICER**








I,
      Skuli
      Thorvaldsson, certify that:





In
      connection with the Quarterly Report of Digital Creative Development
      Corporation. (the "Company") on Form 10-QSB for the period ending December
      31,
      200 5 (the
      "Report"), the undersigned officer of the Company, certifies, pursuant to 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to the best of his knowledge:





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





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




Date:
                July 11, 2007/s/ Skuli
              ThorvaldssonSkuli
                Thorvaldsson
              Chief
                Financial Officer
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

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,                         *yong.gao@nih.gov.*

(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-PE:\fr\fm\a18oc3.075
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 accompanying Annual Report on Form 10-K (the
"Report") of AMCON Distributing Company (the "Company") for the fiscal year
ended September 24, 2004, I, Michael D. James, Vice President and 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, to 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.


Date: January 7, 2005         /s/ Michael D. James
                              -------------------------
                              Title: Vice President and
                              Chief Financial Officer



A signed original of this written statement required by Section 906 has been
provided to AMCON Distributing Company and will be retained by AMCON
Distributing Company and furnished to the Securities and Exchange Commission
or its staff upon request.
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 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: April 1, 2011
 
 /s/Daniel W. Hollis
 Daniel W. Hollis, Chief Executive Officer and Director
 (principal executive officer)
EXHIBIT 10.2


SECOND AMENDMENT TO EMPLOYMENT AGREEMENT




THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT (this "Amendment") is entered into as of March  15, 2010 by and among Altairnano, Inc., a Nevada corporation (the "Company"), Altair Nanotechnologies Inc., a Canadian corporation ("Parent"), and C. Robert Pedraza, an individual ("Employee"),




RECITALS


A.  Employee, the Company and Parent have previously entered into that certain Employment Agreement dated as of June 16, 2008, as amended by the First Amendment to Employment Agreement dated November 24, 2008 (the "Employment Agreement").




B.  Employee, the Company and Parent now desire to extend the initial term of the Employment Agreement by six months.




NOW, THEREFORE, in consideration of this Amendment and of the covenants and conditions contained in this Amendment, the parties hereto agree as follows:





1. Section 2 of the Employment Agreement is hereby deleted in its entirety and replaced with the following:




2.Term. The term of this Agreement (the "Term") shall commence on the date first set forth above (the "Effective Date"). The Term shall terminate upon the earlier to occur of (i) the Expiration Date (as defined below), and (ii) the termination of Employee's employment with all of the Consolidated Companies. The initial Expiration Date shall be December 16, 2010. Unless the Company or Employee provides the other with at least ninety (90) days advance written notice prior to the initial Expiration Date (and each Expiration Date thereafter) of its intention not to renew this term of Agreement following the then-current Expiration Date, the Expiration Date shall automatically be changed to the two-year anniversary of the then-current Expiration Date. Notwithstanding anything in this Agreement to the contrary, Sections 7 and 8 shall survive termination of this Agreement and expiration of the Term for the time periods set forth therein, and this sentence and all provisions related to the interpretation or enforcement of, and disputes under, this Agreement shall survive until the expiration of the last applicable statute of limitations.





2. All other provisions of the Employment Agreement are confirmed in their entirety, provided, however, that any provision of the Employment Agreement inconsistent with this Amendment shall be considered amended and revised to conform to the provisions of this Amendment.




3. This Agreement may be executed in multiple counterparts, all of which taken together shall form a single Agreement. A facsimile copy of this Agreement or any counterpart thereto shall be valid as an original.





IN WITNESS WHEREOF, Employee has signed this Amendment personally, and the Company and Parent have caused this Amendment to be executed by their duly authorized representatives.






COMPANY:



ALTAIRNANO, INC.

a Nevada corporation



By: /s/ Terry Copeland

Name:Terry Copeland

Title: President and CEO





PARENT:



ALTAIR NANOTECHNOLOGIES INC,

a Canadian corporation



By: /s/ Terry Copeland

Name:Terry Copeland

Title: President and CEO





EMPLOYEE:



/s/ C. Robert Pedraza

C. Robert Pedraza, an individual







2