alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 07-01-0273-CV

	IN THE COURT OF APPEALS

	FOR THE SEVENTH DISTRICT OF TEXAS

	AT AMARILLO

	PANEL A

	JULY 24, 2001

	______________________________

	IN RE BENJAMIN A. HASSLER, JR., RELATOR

	_________________________________

Before BOYD, C.J., and REAVIS and JOHNSON, JJ.

	By this original proceeding, relator Benjamin A. Hassler, Jr., an inmate proceeding pro se, seeks a writ of mandamus to compel David M. McCoy, presiding judge of the 100th District Court of Carson County, to rule on his nunc pro tunc motion to have his judgment of conviction reflect credit for time served.  Under applicable principles of law, relator’s application must be denied.

	By his application, relator asserts he was convicted of murder and sentenced to 99 years confinement on August 24, 1970, but had been incarcerated since December 5, 1969.  He alleges that he did not receive credit for time served for 262 days confinement in the Carson County Jail prior to his conviction, effectually extending his sentence to 100 years instead of 99 years confinement.

	Mandamus is an extraordinary remedy available only in limited circumstances involving manifest and urgent necessity and not for grievances that may be addressed by other remedies.  Walker v. Packer, 827 S.W.2d 833, 840 (Tex. 1992).  To be entitled to mandamus relief, relator must show that (1) there is no other adequate remedy at law available, and (2) the act sought to be compelled is a ministerial act.  Healey v. McMeans, 884 S.W.2d. 772, 780 (Tex.Cr.App. 1994).  The meager record provided does not demonstrate that these prerequisites have been satisfied.  No copy of the judgment of conviction is included establishing the merits of relator’s contention nor is there any document establishing that relator was incarcerated for 262 days prior to his conviction. Also, a copy of the motion nunc pro tunc, which relator seeks the Honorable David M. McCoy to rule on, is not attached to the application, and neither is there any indication that relator requested a hearing on his motion followed by the trial court’s refusal to rule.  Barnes v. State, 832 S.W.2d 424, 426 (Tex.App.–Houston [1st Dist.] 1992 (orig. proceeding).  

	Although the United States Supreme Court directs that pro se pleadings be held to less stringent standards than formal pleadings drafted by lawyers, relator’s application is lacking in most of the mandatory requirements of Rule 52 of the Texas Rules of Appellate Procedure.  Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972).  Moreover, mandamus is not proper where relator has not established a manifest and urgent necessity for relief given the decades that have passed since his conviction.  However, relator may have a remedy by filing a post-conviction writ of habeas corpus returnable to the Texas Court of Criminal Appeals pursuant to article 11.07 of the Texas Code of Criminal Procedure.  See generally, Ex Parte Hernandez, 758 S.W.2d 594 (Tex.Cr.App. 1988); Ex Parte Pizzalota, 610 S.W.2d 486 (Tex.Cr.App. 1980).

	Accordingly, relator’s request for a writ of mandamus is denied.

						Don H. Reavis

						    Justice

Do not publish.
#### Louis Kalman, Respondent, v. Mollie B. Kalman, Appellant.

Present— Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ. [See *ante,*p. 715.]
Home > NRC Library > ADAMS Public Documents

# SECY-02-0032 - Report to Congress on Abnormal Occurrences for Fiscal Year 2001

Accession Number: ML020390423

Date Released: Tuesday, April 23, 2002

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML020390448 - SECY-02-0032 - Report to Congress on Abnormal Occurrences for Fiscal Year 2001 (3 page(s), 2/22/2002)
    - ML020390520 - SECY-02-0032-Attachment 1 - Draft Report to Congress on Abnormal Occurrences - Fiscal Year 2001 (12 page(s), 2/8/2002)
    - ML020390536 - SECY-02-0032-Attachments 2&3 - Ltrs to Hon. R. Cheney and J. Hastert enclosing Report to Congress on Abnormal Occurrences, Fiscal Year 2001 (2 page(s), 2/8/2002)

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### §3854. Vessel clearance or permits; refusal or revocation; bond or other surety

If any vessel that is subject to the Convention or this chapter, or its owner, operator, or person in charge, is liable for a fine or civil penalty under section 3852 or 3853 of this title, or if reasonable cause exists to believe that the vessel, its owner, operator, or person in charge may be subject to a fine or civil penalty under section 3852 or 3853 of this title, the Secretary may refuse or revoke the clearance required by section 60105 of title 46. Clearance may be granted upon the filing of a bond or other surety satisfaction to the Secretary.

(Pub. L. 111–281, title X, §1044, Oct. 15, 2010, 124 Stat. 3031.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.
Home > NRC Library > ADAMS Public Documents

# SECY-06-0248 - Results of Staff Actions to Identify Problems in Authorizing Medical Physicists Under 10 CFR Part 35 in Response to Staff Requirements Memorandum SECY-06-0069.

Accession Number: ML062090268

Date Released: Tuesday, January 16, 2007

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML062540536 - SECY-06-0248 - Results of Staff Actions to Identify Problems in Authorizing Medical Physicists Under 10 CFR Part 35 in Response to Staff Requirements Memorandum SECY-06-0069 (10 page(s), 12/27/2006)
    - ML061740148 - STP-06-056, Information Request:  Listing Authorized Medical Physicists On Certain Byproduct Material Medical Use Licenses. (3 page(s), 6/22/2006)
    - ML062630010 - SECY-06-0248 Enclosure 2 - Regulatory Issue Summary 2006-26, "Training and Experience and Grandfather Provisions for Authorized Medical Physicists Under 10 CFR Part 35". (6 page(s), 12/7/2006)
    - ML063480365 - SECY-06-0248 Enclosure 3 - NRC Form 313A (AMP). (5 page(s), 12/27/2006)
    - ML063480396 - SECY-06-0248 Enclosure 4 - NRC Form 313A (RSO). (7 page(s), 12/27/2006)

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<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S FORM 10-K FOR THE YEAR ENDED DECEMBER 31, 1997 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS INCLUDED IN SUCH REPORT.
</LEGEND>
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<S>                             <C>
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<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
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§ 1201.121 Scope of jurisdiction; application of subparts B, F, and H. ( a ) *Scope.* The Board has original jurisdiction over complaints filed by the Special Counsel seeking corrective or disciplinary action (including complaints alleging a violation of the Hatch Political Activities Act), requests by the Special Counsel for stays of certain personnel actions, proposed agency actions against administrative law judges, and removals of career appointees from the Senior Executive Service for performance reasons.
( b ) *Application of subparts B, F, and H.* ( 1 ) Except as otherwise expressly provided by this subpart, the regulations in subpart B of this part applicable to appellate case processing also apply to original jurisdiction cases processed under this subpart.
( 2 ) Subpart F of this part applies to enforcement proceedings in connection with Special Counsel complaints and stay requests, and agency actions against administrative law judges, decided under this subpart.
( 3 ) Subpart H of this part applies to requests for attorney fees or compensatory damages in connection with Special Counsel corrective and disciplinary action complaints, and agency actions against administrative law judges, decided under this subpart. Subpart H of this part also applies to requests for consequential damages in connection with Special Counsel corrective action complaints decided under this subpart.
( c ) The provisions of this subpart do not apply to appeals alleging non-compliance with the provisions of chapter 43 of title 38 of the United States Code relating to the employment or reemployment rights or benefits to which a person is entitled after service in the uniformed services, in which the Special Counsel appears as the designated representative of the appellant. Such appeals are governed by part 1208 of this title.
[62 FR 48451, Sept. 16, 1997, as amended at 62 FR 66815, Dec. 22, 1997; 65 FR 5409, Feb. 4, 2000]
#### § 212.20 Filing and service of documents.

Any application for an award or other pleading or document related to an application shall be filed and served on all parties to the adversary adjudication in the same manner as other pleadings in the adversary adjudication, except as provided in § 212.11(b) for confidential financial information.
Amendment to Exec. Deferred Compensation Program



 



Exhibit 10.37



AMENDMENT TO

AMERITRADE HOLDING CORPORATION

EXECUTIVE DEFERRED COMPENSATION PROGRAM

(As Amended Through February 2001)






          WHEREAS, Ameritrade Holding Corporation (the “Company”) maintains
Ameritrade Holding Corporation Executive Deferred Compensation Program (the
“Program”);





          WHEREAS, pursuant to the provisions of Section 13 of the Program, the
Compensation Committee of the Board of Directors of the Company has the
authority to amend the Program, subject to certain restrictions;





          WHEREAS, amendment of the Program is now considered desirable; and





          NOW, THEREFORE, IT IS RESOLVED that the Program be, and its hereby is,
amended effective as of September 9, 2002, in the following particulars:





          1. By substituting the following for Section 9 of the Program:





     "9. Payment of Deferred Stock Accounts. As soon as practicable after the
date elected by the Participant pursuant to his Deferral Election (as
determined in accordance with uniform rules established by the Plan
Administrator), that number of shares of Stock equal to the total whole number
of Stock Unit Credits and Dividend Credits to be distributed to the Participant
as of such date shall be distributed to the Participant (or in the event of his
death, his beneficiary); provided, however, that if the Participant has elected
installment payments, the number of shares of Stock to be distributed as of the
first distribution date and each subsequent installment shall be equal to that
number of Stock Unit Credits and Dividend Credits then credited to the
Participant’s Deferred Stock Account divided by the number of installment
payments remaining (rounded down to whole shares). Such shares of Stock shall
be distributed from shares reserved for issuance under the Incentive Plan. If
a Participant dies before receiving all distributions to which he is entitled
under the Program, the Plan Administrator must be notified in writing. To be
effective, any beneficiary designation by a Participant must be in writing,
delivered and accepted by the Plan Administrator prior to the Participant’s
death. In default of an effective beneficiary designation, the Participant’s
estate shall be treated as his beneficiary for purposes of the Program.”
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov

No. 05-139 October 13, 2005

NRC ADVISORY COMMITTEE ON NUCLEAR WASTE

TO MEET IN NEW YORK ON OCT. 19-20

The Nuclear Regulatory Commission’s Advisory Committee on Nuclear Waste (ACNW) will

meet Oct. 19-20 in Ellicottville, N.Y., to discuss the application of the Commission’s final policy

statement on decommissioning criteria for the West Valley Demonstration Project, a complex

decommissioning site. The ACNW will be briefed by staff members of the NRC and the Department

of Energy, as well as from the New York State Energy Research and Development Authority. Other

state organizations and local stakeholders may also participate. 

The committee reports to and advises the Commission on all aspects of nuclear waste

management.

The public meeting will be held in the Fairway Room at the Inn at Holiday Valley, 6081 Route

219, Holiday Valley Road. The Wednesday meeting will run from 8:30 a.m. to 5:15 p.m. and time has

been set aside for comments from the audience. The Thursday meeting will run from 10 a.m. to noon.

Oral or written views may be presented by members of the public. Those wishing to make oral

statements should notify Sharon Steele, at 301-415-6805. The full agenda is available on

http://www.nrc.gov/reading-rm/doc-collections/acnw/agenda/2005/.

###
#### § 204.1 Applicability of part.

This part 204 applies specifically to investigations under section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624).[1] For other applicable rules see part 201 of this chapter.

[27 FR 12121, Dec. 7, 1962, as amended at 68 FR 32977, June 3, 2003]

###### Footnotes -
  204.1

[1] Section 22 provides in part as follows:

“(a) Whenever the Secretary of Agriculture has reason to believe that any article or articles are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with * * * any loan, purchase, or other program or operation undertaken by the Department of Agriculture, or any agency operating under its direction, with respect to any agricultural commodity or product thereof, or to reduce substantially the amount of any product processed in the United States from any agricultural commodity or product thereof with respect to which any such program or operation is being undertaken he shall so advise the President, and, if the President agrees that there is reason for such belief, the President shall cause an immediate investigation to be made by the United States Tariff Commission, which shall give precedence to investigations under this section to determine such facts. Such investigation shall be made after due notice and opportunity for hearing to interested parties, and shall be conducted subject to such regulations as the President shall specify.

- * * * *

“(d) After investigation, report, finding and declaration in the manner provided in the case of a proclamation issued pursuant to subsection (b) of this section, any proclamation or provision of such proclamation may be suspended or terminated by the President whenever he finds and proclaims that the circumstances requiring the proclamation or provision thereof no longer exist or may be modified by the President whenever he finds and proclaims that changed circumstances require such modification to carry out the purposes of this section.” (7 U.S.C. 624.)

Regulations of the President are set forth in Executive Order 7233 of November 23, 1935.
### §666. Noting conditions of navigable channels

The said commission shall from time to time note the conditions of the navigable channels of said river systems, by cross-section surveys or otherwise, in order to ascertain the effect therein of such hydraulic mining operations as may be permitted by its orders and such as is caused by erosion, natural or otherwise.

(Mar. 1, 1893, ch. 183, §6, 27 Stat. 508.)

#### **Statutory Notes and Related Subsidiaries**

#### Transfer of Functions

California Debris Commission abolished and functions transferred to Secretary of the Army by Pub. L. 99–662, title XI, §1106, Nov. 17, 1986, 100 Stat. 4229, set out as a note under section 661 of this title.
### **CHAPTER 77—ACCESS TO INFORMATION FOR DEBT COLLECTION**

Sec.
7701.
Taxpayer identifying number.

#### **Editorial Notes**

#### Amendments

**1996**—Pub. L. 104–134, title III, §31001(i)(3)(A), Apr. 26, 1996, 110 Stat. 1321–365, which directed that the chapter title to chapter 77 of subtitle VI of this title be amended by substituting "ACCESS TO INFORMATION FOR DEBT COLLECTION" for "LOAN REQUIREMENTS", was executed by making the substitution in the chapter title of chapter 77 of subtitle V of this title, to reflect the probable intent of Congress.
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than January 3, 2019.

*A. Federal Reserve Bank of Chicago*                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

                    1.                     *Edward J. Madden, Evanston, Illinois, individually and as trustee of the Edward J. Madden Declaration of Trust 3/6/2008;*                     to join the Madden Family Group and to acquire voting shares of Schaumburg Bancshares, and thereby indirectly acquire Heritage Bank of Schaumburg, both of Schaumburg, Illinois.                

Board of Governors of the Federal Reserve System, December 14, 2018.

Michele Taylor Fennell,

Assistant Secretary of the Board.

[FR Doc. 2018-27440 Filed 12-18-18; 8:45 am]

 BILLING CODE P
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES–OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Mothers Work, Inc. (the “Company”) on Form 10-Qfor the period ended March 31, 2005 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Dan W. Matthias,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) TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

 
| **/s/ DAN W. MATTHIAS**   |   |
|---------------------------|--------|
| Dan W. Matthias           |
| *Chief Executive Officer* |
| May 16, 2005         |

 

----