alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-2314

BONITA REDD,

Plaintiff - Appellant,

v.

MCDOWELL COUNTY BOARD OF EDUCATION; WEST VIRGINIA DEPARTMENT 

OF EDUCATION,

Defendants - Appellees.

Appeal from the United States District Court for the Southern 

District of West Virginia, at Bluefield. David A. Faber, Senior

District Judge. (1:13-cv-02015)

Submitted: March 18, 2014 Decided: March 24, 2014

Before FLOYD and THACKER, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Bonita Redd, Appellant Pro Se. Kevin John Robinson, Chip E. 

Williams, PULLIN, FOWLER, FLANAGAN, BROWN & POE, PLLC, Beckley, 

West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Bonita Redd appeals the district court’s order 

dismissing this action in part pursuant to Fed. R. Crim. P. 

12(b)(6) for failure to state a claim and remanding four state 

law claims to the state court. We have reviewed the record and 

find no reversible error. Accordingly, we affirm for the 

reasons stated by the district court. Redd v. McDowell Cnty. 

Bd. of Educ., No. 1:13-cv-02015 (S.D. W. Va. Sept. 30, 2013). 

We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

AFFIRMED
----

Reference for a preliminary ruling from the Verwaltungsgericht Köln (Germany) lodged on 3 July 2006 — Deutsche Post AG v Bundesrepublik Deutschland, Third party: Citipost Gesellschaft für Kurier- und Postdienstleistungen mbH Hannover

(Case C-288/06)

(2006/C 261/12)

Language of the case: German

Referring court

Verwaltungsgericht Köln

Parties to the main proceedings

Applicant: Deutsche Post AG

Defendant: Bundesrepublik Deutschland

Third party: Citipost Gesellschaft für Kurier- und Postdienstleistungen mbH Hannover

Question referred

Is Article 47(2), in conjunction with Article 95 EC, the fifth indent of Article 12, and Article 7(1) of Directive 97/67/EC, in the version as amended by Directive 2002/39/EC of the European Parliament and of the Council (1), to be interpreted as meaning that, where a universal service provider applies special tariffs for business customers who give postal items to the sorting office pre-sorted for the postal network, that universal service provider is obliged to apply those special tariffs also to undertakings which collect postal items from the sender and give them pre-sorted for the postal network at the same access point and on the same terms and conditions as business customers, without the universal service provider being permitted to refuse to do so, having regard to its obligation to provide a universal service?

----

(1)OJ 2002 L 176, p. 21.

----
### §2279bb–3. Critical capital level

For purposes of this part, the critical capital level for the Corporation shall be an amount of core capital equal to 50 percent of the total minimum capital amount determined under section 2279bb–2 of this title.

(Pub. L. 92–181, title VIII, §8.34, as added Pub. L. 102–237, title V, §503(b)(2), Dec. 13, 1991, 105 Stat. 1874; amended Pub. L. 104–105, title I, §115, Feb. 10, 1996, 110 Stat. 167.)

#### **Editorial Notes**

#### Amendments

1996—Pub. L. 104–105 amended section generally. Prior to amendment, section read as follows: "For purposes of this part, the critical capital level for the Corporation shall be an amount of core capital equal to the sum of—

"(1) 1.25 percent of the aggregate on-balance sheet assets of the Corporation (other than assets referred to in paragraph (3)), as determined in accordance with generally accepted accounting principles;

"(2) 0.25 percent of the unpaid principal balance of outstanding securities guaranteed by the Corporation and backed by pools of qualified loans and substantially equivalent instruments issued or guaranteed by the Corporation, and other off-balance sheet obligations of the Corporation; and

"(3) a percentage of any aggregate assets of the Corporation acquired pursuant to the linked portfolio option under section 2279aa–6(g) of this title, which shall be—

"(A) during the 5-year period beginning on December 13, 1991, one-half of the percentage that is determined under section 2279bb–2(c)(1) of this title; and

"(B) after the expiration of such 5-year period, 1.25 percent of any such aggregate assets."
Pension Benefit Guaranty Corporation 

77-125 

January 25, 1977 

REFERENCE: 

 [*1] 4062 Liability of Employer in Single Employer Plans

4064 Liability of Employers in Multiple Employer & M ultiemployer Plans

4044 Allocation of Assets 

OPINION: 

 This is in response to your recent letter to me in which you asked "[w]hether a provision may be placed in a

collective bargaining agreement between a union and an employer that makes mandatory the indemnification of the

employer by the employees, out of their salary (pursuant to an included payment schedule), for that portion of the 30%

liability actually paid by the employer under ERISA § § 4061-4064 due to the termination of a plan." 

As you know, this Corporation administers Title IV of the Employee Retirement Income Security Act of 1974 (the

"Act"), and it is pursuant to Title IV that the employer who maintained a plan at the time it was terminated, or its

successor, is liable to the Corporation for the plan's underfunding of guaranteed benefits. (See § § 4062-4064 of the

Act.) It is not within this Corporation's jurisdiction, however, to determine whether a particular provision may be placed

in a collective bargaining agreement. 

The Pension Benefit Guaranty Corporation has interpreted the Act to prohibit the waiver of benefits guaranteed [*2]

by Title IV of the Act by a participant who does not own more than 10% of the employer. To the extent that the

proposed indemnification agreement is a prohibited waiver of guaranteed benefits, it may be unenforceable. 

Where an employer liable to PBGC and a third party make an indemnity agreement covering employer liability under

Title IV this Corporation would not view such an agreement as binding on the PBGC and would seek satisfaction of the

statutory liability from the employer that maintained the plan at the time it was terminated, or that employer's successor,

as the statute requires. 

I hope this is of assistance. 

Henry Rose 

General Counsel
### §1765. Minors

Shares may be issued in the name of a minor or in trust, subject to such conditions as may be prescribed by the bylaws. When shares are issued in trust, the name of the beneficiary shall be disclosed to the Federal credit union.

(June 26, 1934, ch. 750, title I, §119, formerly §15, 48 Stat. 1221; renumbered §20, and amended Pub. L. 86–354, §1, Sept. 22, 1959, 73 Stat. 634; renumbered title I, §119, Pub. L. 91–468, §1(2), Oct. 19, 1970, 84 Stat. 994.)

#### **Editorial Notes**

#### Amendments

1959—Pub. L. 86–354 substituted "When shares are issued in trust, the" for "The" in second sentence.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          16,099
<SECURITIES>                                     7,601
<RECEIVABLES>                                   15,972
<ALLOWANCES>                                     1,786
<INVENTORY>                                          0
<CURRENT-ASSETS>                                38,845
<PP&E>                                           3,497
<DEPRECIATION>                                   1,463
<TOTAL-ASSETS>                                  50,237
<CURRENT-LIABILITIES>                           20,142
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      30,081
<TOTAL-LIABILITY-AND-EQUITY>                    50,237
<SALES>                                         23,135
<TOTAL-REVENUES>                                30,633
<CGS>                                              704
<TOTAL-COSTS>                                    4,631
<OTHER-EXPENSES>                                24,032
<LOSS-PROVISION>                                   486
<INTEREST-EXPENSE>                                  56
<INCOME-PRETAX>                                  2,997
<INCOME-TAX>                                       337
<INCOME-CONTINUING>                              2,660
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,660
<EPS-BASIC>                                       0.20
<EPS-DILUTED>                                     0.18


</TABLE>
§ 286.11 Management and technical assistance. ( a ) Prior to and concurrent with the making of a grant to finance an Indian economic enterprise, the Assistant Secretary—Indian Affairs will insure that competent management and technical assistance is available to the grantee in the preparation of the application for a grant and/or administration of the funds granted, consistent with the grantee's knowledge and experience and the nature and complexity of the economic enterprise being financed. The competence of the management and technical assistance provided will be determined by the local agency superintendent after consultation with the applicant concerning his business needs.
( b ) The lender providing the loan funds under § 286.17(b) to finance an economic enterprise will include with the grantee's application the need for equity capital, the lender's evaluation of the applicant's need for management and technical assistance, specific areas of need and whether the lender will provide such assistance to the applicant.
[39 FR 44748, Dec. 27, 1974. Redesignated at 47 FR 13328, Mar. 30, 1982, as amended at 55 FR 36274, Sept. 5, 1990]
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NOAA HYSPLIT MODEL

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Source

★ at 39.41 N 76.30 W Meters AGL
##### 



EXHIBIT 32 CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER
AND CHIEF FINANCIAL OFFICER PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section
1350, chapter 63 of Title 18, United States Code), each of the undersigned, the Chief Executive
Officer and the Chief Financial Officer of Penton Media, Inc. (the Company), hereby certifies,
that the Companys quarterly report for the quarter ended
March 31, 2004, as filed with the Securities and Exchange Commission on
the date hereof (the Report) that to
his knowledge: (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 as of the dates and for the
periods expressed in the Report. Dated:
May 20, 2005
    
    /s/ David B. NussbaumDavid B. NussbaumChief Executive Officer/s/ Preston L. VicePreston L. ViceChief Financial Officer
**Exhibit
      32.2**














**CERTIFICATION
      OF CHIEF FINANCIAL**


**OFFICER
      REGARDING PERIODIC REPORT CONTAINING**


**FINANCIAL
      STATEMENTS**









I,
      Jeffrey T. Fisher, the Chief Financial Officer of Renaissance Media Group LLC,
      Renaissance Media (Louisiana) LLC, Renaissance Media (Tennessee) LLC and
      Renaissance Media Capital Corporation (the "Company") in compliance with 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, hereby certify that, the Company's Quarterly Report on
      Form 10-Q for the period ended March 31, 2006 (the "Report") filed with the
      Securities and Exchange Commission:




|· | fully
              complies with the requirements of Section 13(a) of the Securities Exchange
              Act of 1934; and
|- | -----------------------------------------------------------------------------------------------------------------------------



|· | the
              information contained in the Report fairly presents, in all material
              respects, the financial condition and results of operations of the
              Company.
|- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------








/s/
      Jeffrey T. Fisher


Jeffrey
      T. Fisher


Chief
      Financial Officer


(Principal
      Financial Officer)


May
      12,
      2006
§ 13.1 Basis, purpose, scope and effect. ( a ) *Basis.* This part implements the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801-3812. section 3809 of title 31, United States Code, requires each authority to promulgate regulations necessary to implement the provisions of the statute.
( b ) *Purpose.* This part: ( 1 ) Establishes administrative procedures for imposing civil penalties and assessments against Persons who Make, submit, or present, or cause to be Made, submitted, or presented, false, fictitious, or fraudulent Claims or written Statements to the Authority or to certain others; and
( 2 ) Specifies the hearing and appeal rights of Persons subject to allegations of liability for such penalties and assessments.
( c ) *Scope.* This part applies to all components of the Department of Homeland Security.
( d ) *Effect.* ( 1 ) This part applies to program fraud cases initiated by any component of the Department of Homeland Security on or after October 12, 2005.
( 2 ) Program fraud cases initiated by any component of the Department of Homeland Security before October 12, 2005, but not completed before October 12, 2005, will continue to completion under the rules and procedures in effect before this part.
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.                  

###### National Council on Disability

# TIME AND DATES:

                        The board meeting will be held on Thursday, March 10, 2011, 11:30 a.m.-5 p.m., ET, and Friday, March 11, 2011, 9 a.m.-12:30 p.m. ET, and from 3:30-5 p.m. ET, if necessary. Please refer to the NCD Web site  (                        *http://www.ncd.gov*) for any late changes to the meeting times.                    

# PLACE:

The board meeting will occur in two different locations. On Thursday, March 10, 2011, the meeting will occur in the offices of Mayer Brown LLP, 1999 K Street, NW., Washington, DC 20006. On Friday, March 11, 2011, the meeting will occur at the Access Board Conference Room, 1331 F Street, NW., Suite 800, Washington, DC 20004.

# MATTERS TO BE CONSIDERED:

The tentative agenda for the board meeting includes annual ethics training, a demonstration of the agency's Web site redesign, a possible speaker from the U.S. Department of Health and Human Services, the “Living” regional forum, a review of the agency's budget and strategic plan implementation, and other items, to be determined. A portion of the meeting from 3:30-5 p.m., on Friday, March 11, 2011 may be closed to discuss internal personnel rules and practices, pursuant to paragraph (c)(2) of the Sunshine Act, and in accordance with a determination made by the NCD Chairman.

# CONTACT PERSON FOR MORE INFORMATION:

Anne Sommers, NCD, 1331 F Street, NW., Suite 850, Washington, DC 20004; 202-272-2004 (V), 202-272-2074 (TTY).

# ACCOMMODATIONS:

Those who plan to attend and require accommodations should notify NCD as soon as possible to allow time to make arrangements.

Dated: February 24, 2011.

Aaron Bishop,

Executive Director.

[FR Doc. 2011-4463 Filed 2-24-11; 11:15 am]

BILLING CODE 6820-MA-P
# C_2006331EN.01002101.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/21 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 331/21

---

Judgment of the Court (Fifth Chamber) of 23 November 2006 — Commission of the European Communities v Kingdom of Sweden

(Case C-156/06) (1)

1

(Failure of a Member State to fulfil obligations - Directive 2002/87/EC - Credit institutions, insurance undertakings and investment firms in a financial conglomerate - Supplementary supervision - Failure to transpose within the prescribed period)

(2006/C 331/36)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (represented by: D. Maidani and K. Simonsson, acting as Agents)

Applicant:

Defendant: Kingdom of Sweden (represented by: A. Falk, Agent)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Failure to transpose within the prescribed period Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ 2003 L 35, p. 1)

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council, the Kingdom of Sweden has failed to fulfil its obligations under that directive. |
| --- | --- |

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council, the Kingdom of Sweden has failed to fulfil its obligations under that directive.

| 2. | Orders the Kingdom of Sweden to pay the costs. |
| --- | --- |

2.

Orders the Kingdom of Sweden to pay the costs.

---

(1)  OJ C 131 of 3.6.2006.

1

---
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-15-00036-CV

_________________

IN RE MUJTABA ALI KHAN

________________________________________________________________________

Original Proceeding

________________________________________________________________________

MEMORANDUM OPINION

In a petition for writ of mandamus and request for temporary relief, Mujtaba 

Ali Khan asks this Court to direct the judge of the 284th District Court of 

Montgomery County, Texas to vacate a turnover order and to stay execution on a 

final judgment. Relator has not shown that he is entitled to mandamus relief. We 

deny the petition for a writ of mandamus and the motion for temporary relief. See 

Tex. R. App. P. 52.8.

PETITION DENIED. 

PER CURIAM

Submitted on January 26, 2015

Opinion Delivered January 27, 2015

Before Kreger, Horton, and Johnson, JJ.
§ 158.803 Career development program. ( a ) *Career development program.* In alignment with the DHS-CS's core values described in § 158.305 and the compensation strategy described in § 158.601, the Secretary or designee establishes and administers a career development program to: ( 1 ) Guide the career progression of each DHS-CS employee;
( 2 ) Ensure development of the collective expertise of DHS-CS employees through continual learning; and
( 3 ) Ensure continued alignment between the qualifications of DHS-CS employees and CTMS qualifications.
( b ) *Career progression.* Career progression in the DHS-CS is based on enhancement of CTMS qualifications and salary progression resulting from recognition adjustments under § 158.631. Career progression in the DHS-CS is not based on length of service in the DHS-CS or the Federal Government. The Department guides the career progression of DHS-CS employees using development strategies based on: ( 1 ) Information from development reviews, described in § 158.806;
( 2 ) Mission-related requirements; and
( 3 ) Strategic talent priorities.
( c ) *Commitment to continual learning.* The Department establishes, maintains, and communicates criteria for continual learning. Such criteria include recommended and required learning activities, including completion of specific courses of study, completion of mission-related training defined in 5 CFR 410.101, performance of certain DHS-CS cybersecurity work as part of assignments, and participation in opportunities for professional development and training described in § 158.640. The Department aims to utilize all available opportunities for DHS-CS employee development, including opportunities under this part and under or based on authorities in 5 U.S.C. and 5 CFR relating to continual learning, professional development, and training, as appropriate.
( d ) *Verification of qualifications enhancements.* The Department verifies DHS-CS employees' enhancement of CTMS qualifications, which may include review by the CTMB or assessment using standardized instruments and procedures designed to measure the extent to which a DHS-CS employee has enhanced the employee's qualifications. Verification of enhancement to CTMS qualifications may require updating the documentation associated with the employee's qualified position, as described in § 158.706.
### §1740. Repealed. Pub. L. 89–117, title XI, §1108(aa), Aug. 10, 1965, 79 Stat. 507

Section, act June 27, 1934, ch. 847, title VI, §605, as added Mar. 28, 1941, ch. 31, §1, 55 Stat. 61; amended May 26, 1942, ch. 319, §§9, 14(b), 56 Stat. 303, 305; 1947 Reorg. Plan No. 3, §3, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954; Apr. 20, 1950, ch. 94, title I, §122, 64 Stat. 59, provided for disposition and investment of surplus money in the War Housing Insurance Fund and for credit and payment of charges and fees.