alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Diane MUSSLE, Plaintiff-Appellant v. ACADEMY SPORTS & OUTDOORS; Zurich Insurance Company, Defendants-Appellees.

No. 08-30016

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 19, 2008.

Ben E. Clayton, Slidell, LA, for Plaintiff-Appellant.

Lawrence J. Duplass, Duplass, Zwain, Bourgeois *&*Morton, Metairie, LA, for Defendants-Appellees.

Before SMITH, BARKSDALE, and ELROD, Circuit Judges.

PER CURIAM: *

In this negligence action, Diane Mussle alleged she was injured by a shelf while shopping at Academy Sports & Outdoors (Academy). She contests the summary judgment awarded Academy and its insurer, Zurich Insurance Company. Primarily at issue is whether Mussle showed a genuine issue of material fact regarding the existence of a hazardous condition, creating an unreasonable risk of harm.

Mussle maintains she was injured while shopping at Academy’s Slidell, Louisiana, store when her foot or ankle came in contact with something underneath a shelf. She speculates a metal bracket caused the injury, but no evidence was presented supporting this theory.

The district court awarded summary judgment to Academy, holding Mussle presented “no objective evidence establishing that a metal bracket, or brace, or any other ‘sharp’ object, was ... under the relevant shelving *and*positioned so as to injure her ankle”. (Emphasis in original.) Accordingly, the court ruled Mussle failed to show a triable issue.

A summary judgment is reviewed *de novo,*applying the same standards as the district court. *E.g. Jenkins v. Methodist Hosps. of Dallas, Inc.,*478 F.3d 255, 260 (5th Cir.2007). Such judgment is proper if there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c).

Essentially for the reasons stated by the district court, summary judgment was proper. Mussle produced no evidence establishing the shelf posed an unreasonably dangerous risk of harm. *See*La.Rev.Stat. Ann. § 9:2800.6; *Ernest v. Dillard Dep’t Stores, Inc.,*703 So.2d 1380, 1381-82 (La.*433Ct.App.1997). Instead, she asserted only that the shelf should have had a “kick plate” covering the space between the bottom shelf and floor. Additionally, Mussle was unable to determine what caused her injury. Speculation as to the cause of an accident does not supply the factual support required to meet the plaintiffs evidentiary burden. *See Reed v. Home Depot USA, Inc.,*843 So.2d 588, 591 (La.Ct.App.2003).

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 5tii Cir. R. 47.5.4.
CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED.
​
​

Exhibit 4.19
​
AMENDMENT
This is to confirm the amendment to R&D AND CONSIGNMENT AGREEMENT (“the Agreemenf”) executed on March 29, 2018 between Toppan Inc. (formerly known as Toppan Printing Co., Ltd.) and VTS-Touchsensor Co., Ltd.
1.The parties agree to replace the Exhibit B in the Agreement with the Exhibit B attached hereto.
2.This amendment shall have effect as from October 1, 2021 and shall end on March 31,2022.
3.This amendment may be executed in counterparts, each of which will be deemed an original, but all of which together will be deemed to be one and the same agreement. A signed copy of this amendment delivered by facsimile, email or other means of electronic transmission will be deemed to have the same legal effect as delivery of any original signed copy of this amendment.
4.Except as specifically provided herein above, the parties shall comply with the terms and conditions of the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the dated indicated below.
	​


	​


	​


	​


	​



	Toppan Inc.
	    
	VTS-Touchsensor Co., Ltd.

	​
	​
	​

	Date:
	21 Oct 2021
	​
	Date: 
	20 Oct 2021

	​
	​
	​
	​

	​
	​
	​
	​

	By:
	/s/ Kazunori Katsumura
	​
	By:
	/s/ Mario Bernardo N.Santos

	Name: Kazunori Katsumura
	​
	Name: Mario Bernardo N.Santos

	Title: Senior General Manager
	​
	Title: Managing Director

	​
	​
	​



​
​

​



CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE IT IS NOT MATERIAL AND WOULD LIKELY CAUSE COMPETITIVE HARM TO THE COMPANY IF PUBLICLY DISCLOSED.
​
​

Exhibit B
​
[***]

​
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```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3210 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 188
117th CONGRESS
  1st Session
                                H. R. 3210

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

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

                           December 16, 2021

               Reported by Mr. Peters, without amendment

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 1905 15th Street in Boulder, Colorado, as the ``Officer Eric H. 
                     Talley Post Office Building''.

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

SECTION 1. OFFICER ERIC H. TALLEY POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 1905 15th Street in Boulder, Colorado, shall be known and 
designated as the ``Officer Eric H. Talley Post Office Building''.
    (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 ``Officer 
Eric H. Talley Post Office Building''.
                                                       Calendar No. 188

117th CONGRESS

  1st Session

                               H. R. 3210

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
  at 1905 15th Street in Boulder, Colorado, as the ``Officer Eric H. 
                     Talley Post Office Building''.

_______________________________________________________________________

                           December 16, 2021

                       Reported without amendment
```
I 

117TH CONGRESS 

1ST SESSION H. R. 3205 

To repeal the Jones Act restrictions on coastwise trade, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 13, 2021 

Mr. MCCLINTOCK introduced the following bill; which was referred to the 

Committee on Transportation and Infrastructure 

A BILL 

To repeal the Jones Act restrictions on coastwise trade, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Open America’s 

5 Waters Act’’. 

6 SEC. 2. REPEAL OF CERTAIN LIMITATIONS ON COASTWISE 

7 TRADE. 

8 (a) IN GENERAL.—Section 12112(a) of title 46, 

9 United States Code, is amended to read as follows: 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 3205 IH

1 ‘‘(a) IN GENERAL.—A coastwise endorsement may be 

2 issued for a vessel that qualifies under the laws of the 

3 United States to engage in the coastwise trade.’’. 

4 (b) REGULATIONS.—Not later than 90 days after the 

5 date of the enactment of this Act, the Commandant of 

6 the United States Coast Guard shall issue regulations to 

7 implement the amendment made by subsection (a) that 

8 require all vessels permitted to engage in the coastwise 

9 trade to meet all appropriate safety and security require10 ments. 

11 (c) CONFORMING AMENDMENTS.— 

12 (1) TANK VESSEL CONSTRUCTION STAND13 ARDS.—Section 3703a(c)(1)(C) of title 46, United 

14 States Code, is amended by striking ‘‘and is quali15 fied for documentation as a wrecked vessel under 

16 section 12112 of this title’’. 

17 (2) LIQUIFIED GAS TANKERS.—Section 12120 

18 of such title is amended by striking ‘‘, if the vessel— 

19 ’’ and all that follows and inserting a period. 

20 (3) SMALL PASSENGER VESSELS.—Section 

21 12121(b) of such title is amended by striking 

22 ‘‘12112,’’. 

23 (4) LOSS OF COASTWISE TRADE PRIVILEGES.— 

24 Section 12132 of such title is repealed. 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•HR 3205 IH

1 (5) OIL SPILL RESPONSE VESSELS.—Section 

2 12117(b) of such title is amended by striking ‘‘sec3 tions 12103, 12132, and 50501’’ and inserting ‘‘sec4 tions 12103 and 50501’’. 

5 (6) OPTIONAL REGULATORY MEASUREMENT.— 

6 Section 14305(a)(6) of such title is amended by 

7 striking ‘‘sections 12118 and 12132’’ and inserting 

8 ‘‘section 12118’’. 

9 (7) COURT SALES OF UNDOCUMENTED VES10 SELS.—Section 31329(b) of such title is amended— 

11 (A) in paragraph (1), by striking ‘‘;’’ and 

12 inserting ‘‘; and’’; 

13 (B) in paragraph (2), by striking ‘‘; and’’ 

14 and inserting a period; and 

15 (C) by striking paragraph (3). 

16 (8) CLERICAL AMENDMENT.—The table of sec17 tions for chapter 121 of title 46, United States 

18 Code, is amended by striking the item relating to 

19 section 12132. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
BEAUCHAMP & COMPANY

CHARTERED ACCOUNTANTS

#205 - 788 BEATTY STREET

VANCOUVER, B.C.

V6B 2M1

PHONE: 604-688-2850

FAX; 604-688-2777







INDEPENDENT ACCOUNTANTS' CONSENT



To the Board of Directors of DRC Resources Corporation



We hereby consent to the use in this registration statement on Form 20-F of our report dated November 17, 2003 relating to the consolidated financial statements of DRC Resources Corporation, which appear in such registration statements.







|Vancouver, B.C.   | "BEAUCHAMP & COMPANY"
|----------------- | ---------------------
|November 28, 2003 | Chartered Accountants
<PAGE>

                                                                    EXHIBIT 31.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Alexander Vinogradov, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Golden Telecom, Inc.;

2. Based on my knowledge, this 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 report;

3. Based on my knowledge, the financial statements, and other financial
information included in this 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. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

         (a) Designed such disclosure controls and procedures, or caused such
         disclosure controls and procedures to be designed under our
         supervision, to ensure that material information relating to the
         registrant, including its consolidated subsidiaries, is made known to
         us 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 and presented in this report our conclusions about the
         effectiveness of the disclosure controls and procedures, as of the end
         of the period covered by the report based on such evaluation; and

         (c) Disclosed in this report any change in the registrant's internal
         control over financial reporting that occurred during the registrant's
         most recent fiscal quarter that has materially affected, or is
         reasonably likely to materially affect, the registrant's internal
         control over financial reporting; and;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of registrant's board of directors
(or persons performing the equivalent function):

         (a) All significant deficiencies in the design or operation of internal
         controls over financial reporting which are reasonably likely to
         adversely affect the registrant's ability to record, process, summarize
         and report financial information; 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 over financial reporting.

Date: November 12, 2003

/s/ ALEXANDER VINOGRADOV
--------------------------------------

Alexander Vinogradov
President, Chief Executive Officer and
Director
No. 169.

#### Fernando Vasquez Morales et al., Appellants, v*.*Juan Vicenty Ramos.

April 19, 1910.

*Mr. Herbert E. Smith*for the appellants.

No appearance for Uhe appellee.

Appeal from the Supreme Court of Porto -Rico.

Dismissed with costs pursuant to the tenth rule.
[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 Quarterly Report of BF Acquisition Group
IV, Inc. (the "Company") on Form 10-QSB for the period ending July 31,
2001 as  filed with  the Securities and Exchange Commission on the
date hereof (the "Report"),  I, William Colucci,  President of the
Company, certify, pursuant to 18 U.S.C. 1350,  as  adopted  pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that:

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

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

Dated: June 16, 2004

                   /s/ William Colucci
                   -----------------------------
                   William Colucci, President
                   BF Acquisition Group II, Inc.
85 A.3d 480

#### Greg KOCHANOWICZ, Petitioner v. WORKERS’ COMPENSATION APPEAL BOARD (PA LIQUOR CONTROL BOARD), Respondents.

Supreme Court of Pennsylvania.

Feb. 12, 2014.

*308
      *ORDER*

PER CURIAM.

AND NOW, this 12th day of February, 2014, the Petition for Allowance of Appeal is GRANTED, the Order of the Commonwealth Court is VACATED, and the matter is REMANDED for reconsideration in light of *Payes v. Workers’ Compensation Appeal Board (State Police),*621 Pa. 564, 79 A.3d 543, 552 (2013) (holding that, because psychic injury cases are highly fact-sensitive, a reviewing court must give deference to the factfinding functions of the WCJ and limit review to determining whether the WCJ’s findings of fact are supported by the evidence).
EXHIBIT 99.2


                        CERTIFICATION OF PERIODIC REPORT


     I, Hernan Welch,  Vice President of Finance of AccuImage  Diagnostics Corp.
(the "Company"),  certify,  pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, 18 U.S.C. Section 1350, that:

(1)  the Quarterly Report on Form 10-QSB of the Company for the quarterly period
     ended March 31, 2003 (the "Report") fully complies with the requirements
     of Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15
     U.S.C. 78m or 78o(d)); and

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




Dated:  May 28, 2003



By:  /s/   HERNAN WELCH
     ______________________________
           Hernan Welch
           VP of Finance
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<PAGE>

                                                                      Exhibit 11

                                 BHA GROUP, INC.

                        COMPUTATION OF PER SHARE EARNINGS
                (IN THOUSANDS OF DOLLARS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                                        YEAR ENDED SEPTEMBER 30,
                                                                  1994           1995            1996

<S>                                                              <C>            <C>             <C>   
Net Earnings                                                     $4,809         $5,954          $6,707
Weighted average number of common and common stock
equivalent shares:

    Weighted average number of outstanding common shares*         6,946          6,237           6,013

    Dilutive effect (excess of number of shares issuable
    over number of shares assumed to be repurchased with 
    the proceeds of exercised options based on the
    average market price during the period)*                         78            136             124
                                                                --------       ---------      ---------

                                                                  7,024          6,373           6,137

Earnings per common and common stock equivalent shares:*         $  .68         $  .93          $ 1.09
                                                                ----------     ----------     ----------

Weighted average number of common and common stock
equivalent shares, assuming full dilution:

    Additional dilutive effect (reduction in number 
    of shares assumed to be repurchased with the proceeds
    of exercised stock options based on the end of the
    period market price of the stock, if higher than the
    average price)*                                                  57             14              10
                                                                  -----          -----           -----
                                                                  7,082          6,387           6,147
                                                                  -----          -----           -----

Earnings per common and common stock equivalent shares
assuming full dilution:*                                         $  .68         $  .93           $1.09
                                                                 ------         ------           -----
</TABLE>

* All periods presented have been adjusted to reflect the 1996 Stock dividend of
10%.



                                      -37-

<PAGE>