alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Daniel HEMMAH, Plaintiff-Appellant, v. CITY OF RED WING; Kay Kuhlmann, City Council Administrator for the City of Red Wing, in her official and individual capacities; Roger Seymour, Employee Services Director for the City of Red Wing, in his official and individual capacities; Dennis Tebbe, Public Works Director for the City of Red Wing, in his official and individual capacities, Defendants-Appellees.

No. 10-1351.

United States Court of Appeals, Eighth Circuit.

Submitted: Nov. 18, 2010.

Filed: Jan. 6, 2011.

Before MURPHY, SMITH, and BENTON, Circuit Judges.

PER CURIAM.

Daniel James Hemmah sued under 42 U.S.C. § 1983 and won damages at trial. He rejected remittitur, and the district court1 granted a new trial. After the jury awarded no damages, the court entered a nominal damages award and ordered Hemmah to move for attorney’s fees by October 16, 2009. The parties consented to an extension to October 23. Instead of filing a motion for fees, Hemmah filed an untimely amended notice of appeal on October 21. This court dismissed the appeal, and Hemmah filed his fee petition on January 17, 2010. The district court denied the petition as untimely. *Hemmah v. City of Red Wing,*No. 06-3887, 2010 WL 330319 (D.Minn. Jan.20, 2010). It later denied relief under Fed.R.Civ.P. 60(b)(1). *Hemmah v. City of Red Wing,*No. 06-3887, 2010 WL 1131453 (D.Minn. Mar.22, 2010).

Hemmah claims that the district court lost jurisdiction once he appealed. However, the district court retained jurisdiction as there was no final judgment on attorney’s fees. *Harmon v. United States ex rel. Farmers Home Admin.,*101 F.3d 574, 587 (8th Cir.1996) (“[W]here the issue of attorney fees is not before the court of appeals ... the district court may consider it.”) (citations omitted). Hemmah also argues that the district court abused its discretion by declining to find excusable neglect under Fed.R.Civ.P. 60(b)(1). The district court considered all the relevant factors from *In re Guidant Corp. Implantable Defibrillators Products Liability Litigation,*496 F.3d 863, 866-67 (8th Cir. 2007). It did not give significant weight to irrelevant factors, and its conclusion does *91not reflect an improper weighing of the relevant factors.

Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                      22,696,221
<SECURITIES>                                         0
<RECEIVABLES>                               24,756,512
<ALLOWANCES>                                   952,935
<INVENTORY>                                    811,563
<CURRENT-ASSETS>                            52,669,083
<PP&E>                                      28,009,960
<DEPRECIATION>                              15,690,879
<TOTAL-ASSETS>                             118,942,103
<CURRENT-LIABILITIES>                       19,631,578
<BONDS>                                     14,976,567
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       167,038
<OTHER-SE>                                  84,166,920
<TOTAL-LIABILITY-AND-EQUITY>               118,942,103
<SALES>                                    116,921,194
<TOTAL-REVENUES>                           116,921,194
<CGS>                                      102,222,133
<TOTAL-COSTS>                              102,222,133
<OTHER-EXPENSES>                            17,067,751
<LOSS-PROVISION>                               435,000
<INTEREST-EXPENSE>                           1,484,443
<INCOME-PRETAX>                            (4,288,133)
<INCOME-TAX>                                 (540,313)
<INCOME-CONTINUING>                        (3,747,820)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,747,820)
<EPS-PRIMARY>                                   (0.24)
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</TABLE>
Exhibit 32.01



CERTIFICATION PURSUANT TO

18 U.S.C. §1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of Environmental Power Corporation (the Company) on Form 10-K for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date here of (the
Report), I, Kamlesh Tejwani, Chief Executive Officer 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 Act of 1934; and



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



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 required by Section 906, 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.



/s/    Kamlesh TejwaniKamlesh Tejwani Chief Executive Officer  November 15, 2004
rom 122 Authorization and Consent of Subsidiary Corporation
to be Included in a Consolidated Income Tax Return

(Rev. Jan. 1969)

Department of the Treasury For the first year a consolidated return is filed, this form must be attached for each subsidiary.
Internal Revenue Service (Please type or print)
For the calendar year 19........, or other taxable year beginning ... , 19........ and ending ...

Name

Number and street

City or town, State, and ZIP code

1 Date incorporated : Employer Identification Number

2 Place incorporated

3 Capital stock outstanding at beginning of taxable year > ® . (b) ere
4 Kind of business
O Active
inactive
5 Name of common parent corporation Employer Identification Number

The subsidiary corporation named above hereby: (a) dated return must be made by the affiliated group under the
authorizes the common parent corporation named above to provisions of the consolidated return regulations.
make a consolidated income tax return on its behalf for the

taxable year for which this form is filed; and (b) authorizes The subsidiary corporation, in consideration of the priv-

the common parent corporation (or, in the event of its fail- ilege of joining in the making of a consolidated return with
ure, the Commissioner or the District Director of Internal | the common parent corporation, hereby consents to and
Revenue) to make a consolidated income tax return on its | agrees to be bound by the provisions of the consolidated
behalf for each taxable year thereafter for which a consoli- return regulations.

Signature

Under penalties of perjury, | declare that the subsidiary named above has authorized me to sign this form on its behalf, and
that this form has been examined by me and the information contained herein is, to the best of my knowledge and belief, true,
correct, and complete.

Corporate
Seal

‘Title

Date

oA3—-16—81540-1 491-178 GPO
Exhibit 23.1





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We hereby consent to the inclusion in this Annual Report on Form 10-K and the incorporation by reference in previously filed Registration Statements (Form S-8 No. 333-43462
 and Form S-3 No. 33-89602) of our report dated March 9, 2006, on our audit of the consolidated financial statements of Central Virginia Bankshares, Inc. and subsidiaries as of December 31, 2005 and for the year ending December 31, 2005, which report is included in this Form 10-K.



/s/ Yount, Hyde & Barbour, P.C.





Winchester, Virginia

March 29, 2006
[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Notices]
[Page 9596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3271]


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

DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Under the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA)

    Notice is hereby given that on January 18, 2001 a proposed Consent 
Decree ( ``Decree'' ) in United States and State of Colorado v. 
Burlington Northern Railroad Co., Civil Action No. 86-Z-369 was lodged 
with the United States District Court for the District of Colorado. The 
United States filed this action pursuant to sections 107(a)(2) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), 42 U.S.C. 9607(a)(2), to recover past response costs incurred 
by the United States Environmental Protection Agency ( ``EPA'' ) in 
conducting response actions taken at or in connection with the release 
or threatened release of hazardous substances at or from the Broderick 
Wood Products Superfund Site located at 5800 Galapago Street in Adams 
County, Colorado. The Decree provides for the reimbursement to EPA of 
$6,800,000.00 plus accrued interest from June 1, 2000 from Burlington 
Northern Railroad Company.
    The Department of Justice will receive for a period of thirty (30) 
days from the date of this publication comments relating to Decree. 
Comments should be addressed to the Assistant Attorney General, 
Environment and Natural Resources Division, P.O. Box 7611, U.S. 
Department of Justice, Washington, DC 20044-7611, and should refer to 
United States and State of Colorado v. Burlington Northern Railroad 
Co., D.J. Ref. 90-7-1-254.
    The Decree may be examined at the offices of the U.S. EPA Region 
VIII, 999 18th Street, Suite 500 South Tower, Denver, Colorado and at 
the Office of the United States Attorney, District of Colorado 1961 
Stout Street, 11th Floor, Denver, CO 80294. A copy of the proposed 
consent decree may also be obtained by mail from the Consent Decree 
Library, P.O. Box 7611, U.S. Department of Justice, Washington, DC 
20044-7611 either with or without the multiple signature pages and 
attachments. In requesting a copy of the proposed consent decree, 
please enclose a check payable to the Consent Decree Library for $5.25 
for a complete copy of the decree (25 cents per page reproduction 
cost).

Robert D. Brook,
Assistant Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 01-3271 Filed 2-7-01; 8:45 am]
BILLING CODE 4410-15-M
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

July 30, 2007 Clifford W. Taylor,

 Chief Justice 

133948 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 133948 

 COA: 272582

 Genesee CC: 04-014983-FC 

MARIO DARREL COLLINS, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the March 28, 2007 order 

of the Court of Appeals is considered, and it is DENIED, because we are not persuaded 

that the questions presented should be reviewed by this Court. 

s0723 

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. 

July 30, 2007 

 Clerk
# C o u r t o f A p p e a l s

o f t h e S t a t e o f G e o r g i a

A T L A N T A
,

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Th e C o u rt o f A p p e a l s h e re b y p a sse s t h e f o l l o w i n g o rd e r:

A 1 8 A 0 6 1 0

. B E RIS DA

N I E L v . RO B E R T A

DA M S, W A R D E N e t a l

.

B e r i s D a n i e l a p p e a l s t

h e t r i a l c o u r t ’ s o r d e r d e n y i n g h i s a p p l i c a t i o n f o r a w r i t

o f h a b e a s c o r p u s. T h e Su p r e m e C o u r t , h o w e v e r , h a s a p p e l l a t e j u r i sd i c t i o n o v e r a l l

c a se s i n v o l v i n g h a

b e a s c o r p u s. Se e G a

. C o n s t

. o f 1 9 8 3
, A r t

. V I
, Se c

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, Pa

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. I I I ( 4 )

. T h i s a p p e a l i s t h e r e f o r e T R A N SFE R R E D t o t h e Su p r e m e C o u r t f

o r d i sp o si t i o n

.

C o u r t o f A p p e a l s o f t h e S t a t e o f G e o r g i a C l e r k ’ s O f f i c e , A t l a n t a ,

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y t h a t t h e a b o v e i s a t

r u e e x t r a c t f r o m

t h e m i n u t e s o f t h e C o u r t o f A p p e a l s o f G e o r g i a

. W i t n e s s m y s i g n a t u r e a n d t

h e s e a l o f s a i d c o u r t
h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. November 01, 2017

11/01/2017
Exhibit 23


                         CONSENT OF INDEPENDENT AUDITORS






The Board of Directors
Virginia First Financial Corporation:


We  consent  to  incorporation  by  reference  in  Registration  Statement  Nos.
33-78180,  33-78182  and  33-78184  on  Form  S-8 of  Virginia  First  Financial
Corporation  of our report dated August 14, 1997,  relating to the  consolidated
statements of financial  condition of Virginia First  Financial  Corporation and
subsidiaries  as of  June  30,  1997  and  1996,  and the  related  consolidated
statements of earnings,  changes in stockholders' equity and cash flows for each
of the years in the  three-year  period  ended June 30,  1997,  which  report is
incorporated  by  reference  in the June 30, 1997 annual  report on Form 10-K of
Virginia First Financial Corporation.

                                                    \s\ KPMG PEAT MARWICK LLP




Richmond, Virginia
September 29, 1997
```

[Federal Register Volume 66, Number 27 (Thursday, February 8, 2001)]
[Notices]
[Page 9611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3343]

=======================================================================
-----------------------------------------------------------------------

NATIONAL WOMEN'S BUSINESS COUNCIL

Sunshine Act Notice; Meeting

AGENCY: National Women's business council.

ACTION: Notice of Meeting.

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

SUMMARY: In accordance with the Women's Business Ownership Act, Public 
Law 105-135 as amended, the National Women's Business Council (NWBC) 
announces a forthcoming Council meeting and joint meeting of the NWBC 
and Interagency Committee on Women's Business Enterprise. The meetings 
will cover action items worked on by the National Women's Business 
Council and the Interagency Committee on Women's Business Enterprise 
included by not limited to procurement, access to capital and training.

DATES: February 14, 2001.

ADDRESSES: Council Meeting. The Monarch Hotel, 2401 M Street, NW (24th 
& M Streets), Washington, DC, 9 a.m. to 12 p.m.

STATUS: Open to the public.

CONTACT: National Women's Business Council, 409 Third Street, SW, Suite 
210, Washington, DC 20024, (202) 205-3850--Gilda Presley.

    Note: Please call by February 12, 2001.

Gilda Presley,
Administrative Officer, National Women's Business Council.
[FR Doc. 01-3343 Filed 2-5-01; 4:43 pm]
BILLING CODE 6820-AB-M
```
[Federal Register Volume 66, Number 29 (Monday, February 12, 2001)]
[Notices]
[Page 9824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3497]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Submission for OMB Review; Comment Request

ACTION: Notice.

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

    The Department of Defense has submitted to OMB for clearance, the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Title, Form Number, and OMB Number: Commercial Airlift Review; AMC 
Form 207; OMB Number 0701-0137.
    Type of Request: Reinstatement.
    Number of Respondents: 15.
    Responses Per Respondent: 1.
    Annual Responses: 15.
    Average Burden Per Response: 20 hours.
    Annual burden Hours: 300.
    Needs and Uses: The information collection requirement is necessary 
to assist the overall evaluation of commercial aircraft to provide 
quality, safe, and reliable airlift service when procured by the 
Department of Defense. Respondents are commercial air carriers desiring 
to supply airlift services to DoD. The AMC Form 207 provides vital 
information from carriers needed to determine their eligibility to 
participate in the DoD Air Transportation Program.
    Affected Public: Business or other for-profit.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Mr. Edward C. Springer.
    Written comments and recommendations on the proposed information 
collection should be sent to Mr. Springer at the Office of Management 
and Budget, Desk Officer for DoD, Room 10236, New Executive Office 
Building, Washington, DC 20503.
    DOD Clearance Officer: Mr. Robert Cusing.
    Written requests for copies of the information collection proposal 
should be sent to Mr. Cushing, WHS/DIOR, 1215 Jefferson Davis Highway, 
Suite 1204, Arlington, VA 22202-4302.

    Dated: February 5, 2001.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 01-3497 Filed 2-9-01; 8:45 am]
BILLING CODE 5001-10-M
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 Defense

###### Department of the Navy 

# AGENCY:

Department of the Navy, DOD. 

# ACTION:

Notice. 

# SUMMARY:

The Department of the Navy hereby gives notice of its intent to grant to T-Wave Corporation, a revocable, nonassignable, exclusive license to practice worldwide the Government-owned inventions described in U.S. Patent No. 6,094,599 issued 25 July 2000, entitled “RF Diathermy and Faradic Muscle Stimulation”; in the field of Body-Friendly Radio-Frequency (RF) warming devices. 

# DATES:

Anyone wishing to object to the grant of this license must file written objections along with supporting evidence, if any, not later than February 23, 2001. 

# ADDRESSES:

Written objections are to be filed with the Office of Technology Transfer, Naval Medical Research Center, 503 Robert Grant Ave., Silver Spring, MD 20910-7500. 

# FOR FURTHER INFORMATION CONTACT:

                        Dr. Charles Schlagel, Director, Office of Technology Transfer, Naval Medical                               ( print page 9562)                            Research Center, 503 Robert Grant Ave., Silver Spring, MD 20910-7500, telephone (301) 319-7428.                     

(Authority: 35 U.S.C. 207, 209, 37 CFR Part 404.) 

Dated: January 19, 2001. 

J.L. Roth, 

Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer. 

[FR Doc. 01-3226 Filed 2-7-01; 8:45 am] 

BILLING CODE 3810-FF-U
Exhibit 32.1



CERTIFICATION  PURSUANT TO THE SARBANES-OXLEY ACT

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002





I, Francis L. Simola, Chairman, President and CEO of PowerCold Corporation (the Company) do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1.  This Quarterly Report on Form 10-Q of the Company for the period ended March 31, 2004 as filed with the Securities and Exchange Commission (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: May 14, 2004



/s/ Francis L. Simola

Francis L. Simola

Chairman, President and CEO























































23
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION 

601 NEW JERSEY AVENUE, NW
 

SUITE 9500
 

WASHINGTON, DC 20001
 

June 23 , 2008 

TIME AND DATE: 10:00 a.m., Thursday, July 24, 2008 

PLACE:	 The Richard V. Backley Hearing Room, 9th Floor, 601 New Jersey 

Avenue, N.W., Washington, D.C. 

STATUS: Open 

MATTERS TO BE 

CONSIDERED:	 The Commission will consider and act upon the following in open 

session: Secretary of Labor v. National Cement Company of 

California, Docket No. WEST 2004-182-RM. (Issues include 

whether the Secretary properly interpreted section 3(h)(1) of the Mine 

Act in concluding that MSHA had jurisdiction over an access road 

leading to a cement plant.) 

Any person attending this meeting who requires special accessibility 

features and/or auxiliary aids, such as sign language interpreters, must 

inform the Commission in advance of those needs. Subject to 29 

C.F.R. § 2706.150(a)(3) and § 2706.160(d). 

CONTACT PERSON 

FOR MORE INFO: Jean Ellen (202) 434-9950 / (202) 708-9300 for TDD Relay / 

1-800-877-8339 for toll free.