alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NUMBER 13-22-00322-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG 

 

ROBERT NICHOLAS SIMMONS, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 347th District Court

of Nueces County, Texas.

ORDER TO FORWARD COPY OF EXHIBITS

Before Chief Justice Contreras and Justices Longoria and Silva

Order Per Curiam

This matter is before the Court on appellant’s motion for State’s exhibits number 3 

and 19 and motion for extension of time to file brief. Appellant Robert Nicholas Simmons

appealed a judgment in trial court cause number 17FC-3271H. The trial court admitted 

exhibits, which included State’s DVD exhibits 3 and 19. These exhibits contain audio or 

video files which are not viewable by appellant’s counsel through the Court’s record service 
2

portal. The Court is of the opinion that the appellant is entitled to view these exhibits.

Accordingly, appellant’s motion for State’s exhibits number 3 and 19 is granted. The clerk of the

trial court and the court reporter together are hereby ordered to forward a copy of State’s

exhibits 3 and 19 to appellant’s counsel within ten days from the date of this order. 

Additionally, appellant’s motion for extension of time to file brief is hereby granted, 

and the brief is now due forty days after the date this order issued. 

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed on the

22nd day of December, 2022.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2294 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2294

To amend title 38, United States Code, to delay the termination of the 
   Veterans' Advisory Committee on Education, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 2, 2003

Mr. Michaud (for himself and Mr. Evans) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to delay the termination of the 
   Veterans' Advisory Committee on Education, and for other purposes.

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

SECTION 1. EXTENSION OF VETERANS' ADVISORY COMMITTEE ON EDUCATION.

    (a) Extension.--Subsection (c) of section 3692 of title 38, United 
States Code, is amended by striking ``December 31, 2003'' and inserting 
``December 31, 2008''.
    (b) Modification of Membership Requirements.--The second sentence 
of subsection (a) of such section is amended by striking ``World War 
II, the Korean conflict era, the post-Korean conflict era,''.
    (c) Technical Amendment.--Such section is further amended by 
striking ``chapter 106'' each place it appears and inserting ``chapter 
1606''.
                                 <all>
```
Exhibit No. 11.2

ARMSTRONG HOLDINGS, INC. AND SUBSIDIARIES

COMPUTATION FOR DILUTED EARNINGS PER SHARE

(AMOUNTS IN MILLIONS EXCEPT FOR PER-SHARE DATA)



|                                                                                        |  |      |         |      |   |       |  |   |       |  
|--------------------------------------------------------------------------------------- |  | ---- | ------- | ---- | - | ----- |  | - | ----- | -
|                                                                                        |  | 2006 |         | 2005 |   | 2004  | 
|Diluted earnings (loss) per share                                                       |  |      |         |      |   |       |  |   |       |  
|Net earnings (loss)                                                                     |  | $    | 1,226.4 |      | $ | 112.1 |  | $ | (80.8 | )
|Average number of common shares outstanding                                             |  |      | 40.6    |      |   | 40.5  |  |   | 40.5  |  
|Average number of common shares issuable under stock options or restricted stock grants |  |      |        |      |   | 0.2   |  |   | 0.2   |  
|                                                                                        |  |      |         |      |   |       |  |   |       |  
|Average number of common and common stock equivalents outstanding                       |  |      | 40.6    |      |   | 40.7  |  |   | 40.7  |  
|Diluted earnings (loss) per share                                                       |  | $    | 30.21   |      | $ | 2.75  |  | $ | (2.00 | )

In 2004, the diluted loss per share is calculated using basic common shares outstanding since using diluted common
shares would be anti-dilutive.
#### § 839.622 Can I cancel my FERS election if my qualifying retirement coverage error was previously corrected and I now have an election opportunity under the FERCCA?

Yes, your FERS coverage election does not disqualify you from making a retirement coverage election under the FERCCA. You can choose whether you want the FERS election to remain in effect. However, you may not choose whether you want your FERS election to remain in effect if you chose FERS after your employer notified you that you were put in FERS by mistake (see § 839.221).
#### James A. Browne et al., Appellants, v. John F. Trommer, Inc., et al., Respondents.

Orders unanimously affirmed, with one bill of $20 costs and disbursements to the respondents. No opinion. Present — Callahan, J. P., Breitel, Bastow, Botein and Bergan, JJ.
BISNIS Trades & Tenders, December 14, 1998 - Part 1

----

International Copyright, U.S. & Foreign Commercial Service and U.S. Department of State,1997.       All rightsreserved outside of the United States.  The Business Information Service for the NewlyIndependent States(BISNIS) is the U.S. Department of Commerce's information clearinghouse on trade andinvestment in the emergingmarkets of the newly independent states of the former Soviet Union.  BISNIS has created the"BISNIS Trades &Tenders" electronic newsletter to help U.S.. companies find business opportunities in theseexpanding markets.
These opportunities are provided solely as an informational service and do not represent anendorsement by the U.S.Department of Commerce. Verification of leads is the responsibility of the reader. BISNIS mayconsider otherprivate sector-generated trade leads and tenders, in electronic form only, and publish on aspace-available basis.Please send your leads to [email protected].  A full selection of BISNIS leads and othermarket intelligence isavailable via BISNIS OnLine at:  www.mac.doc.gov/BISNIS
# L_2019128EN.01004901.xml

| 16.5.2019 | EN | Official Journal of the European Union | L 128/49 |
| --- | --- | --- | --- |

16.5.2019

EN

Official Journal of the European Union

L 128/49

---

DECISION OF THE EEA JOINT COMMITTEE

No 148/2017

of 7 July 2017

amending Annex XX (Environment) to the EEA Agreement [2019/755]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2017/302 of 15 February 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the intensive rearing of poultry or pigs (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2017/302 of 15 February 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the intensive rearing of poultry or pigs (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XX to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XX to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following point is inserted after point 1fn (Commission Implementing Decision 2016/1032/EU) of Annex XX to the EEA Agreement:

| ‘1fo. | 32017 D 0302: Commission Implementing Decision (EU) 2017/302 of 15 February 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the intensive rearing of poultry or pigs (OJ L 43, 21.2.2017, p. 231).’ |
| --- | --- |

‘1fo.

32017 D 0302: Commission Implementing Decision (EU) 2017/302 of 15 February 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for the intensive rearing of poultry or pigs (OJ L 43, 21.2.2017, p. 231).’

Article 2

The text of Implementing Decision (EU) 2017/302 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 8 July 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 7 July 2017.

For the EEA Joint Committee

The President

Sabine MONAUNI

---

(1)  
  OJ L 43, 21.2.2017, p. 231.

1

(*1)  No constitutional requirements indicated.

*1

---
§ 841.106 Basic records. ( a ) Agencies having employees or Members subject to FERS must establish and maintain retirement accounts for those employees and Members.
( b ) ( 1 ) The individual retirement record required by § 841.504(c) is the basic record for action on all claims for annuity or refund, and those pertaining to deceased employees, deceased Members, or deceased annuitants.
( 2 ) When the official records repository for the records in question certifies that the records in question are lost, destroyed, or incomplete, OPM will accept such inferior or secondary evidence that it considers appropriate under the circumstances, and such inferior or secondary evidence is then admissible.
( 3 ) Except as provided in paragraph (b)(2) of this section, inferior or secondary evidence will not be considered.
[52 FR 19242, May 21, 1987, as amended at 57 FR 32154, July 21, 1992]
<PAGE>

                                  EXHIBIT 10.16

                BELDEN INC. ANNUAL CASH INCENTIVE PLAN (SUMMARY)

The Belden Inc. Annual Cash Incentive Plan provides for an annual bonus, and is
part of the cash component of management's total compensation (the other cash
component being base salary, another cash component, effective starting January
1, 2003, is associated with the Long-Term Cash Performance Plan). The bonus
criteria for the CEO are based solely on the attainment of Company-based
financial objectives. For members of management other than the CEO, the annual
incentive bonus is based upon individual performance and the attainment of
Company-based financial objectives.

The Compensation Committee establishes the performance goals at the beginning of
the year. The Company's overall financial performance determines the size of the
bonus pool to be distributed to the members of management participating in the
program. The annual incentive bonuses are calculated by the Committee as a
percentage of the management members' base salary.
§ 2016.1 Action following receipt of petitions. ( a ) USTR shall publish in the Federal Register a list of petitions filed in response to the announcement of the annual review, including the subject matter of the request and, where appropriate, the description of the article or articles covered by the request.
( b ) Thereafter, the Andean Subcommittee shall conduct a preliminary review of the petitions, and shall submit the results of its preliminary review to the TPSC. The TPSC shall review the work of the Andean Subcommittee and shall conduct further review as necessary. The TPSC shall prepare recommendations for the President on any proposed action to modify the ATPA. The Chairman of the TPSC may, as appropriate, convene the Trade Policy Review Group (TPRG) to review the matter, and thereafter refer the matter to the USTR for Cabinet-level review as necessary.
( c ) The USTR, after receiving the advice of the TPSC, TPRG, or Cabinet-level officials, shall make recommendations to the President on any proposed action to modify the application of the ATPA's benefits to countries or articles. The President (or if that function is delegated to the USTR, the USTR) shall announce in the Federal Register any such action he proposes to take. The USTR shall announce in the Federal Register notice of the results of the preliminary review, together with a schedule for receiving public input regarding such proposed action consistent with section 203(e) of the ATPA, as amended (19 U.S.C. 3202(e)). ( 1 ) The schedule shall include the deadline and guidelines for any person to submit written comments supporting, opposing or otherwise commenting on any proposed action.
( 2 ) The schedule shall also include the time and place of the public hearing, as well as the deadline and guidelines for submitting requests to present oral testimony.
( d ) After receiving and considering public input, the Andean Subcommittee shall submit the results of the final review to the TPSC. The TPSC shall review the work of the Andean Subcommittee and shall conduct further review as necessary. The TPSC shall prepare recommendations for the President on any proposed action to modify the application of benefits under the ATPA to countries or articles. The Chairman of the TPSC may, as appropriate, convene the TPRG to review the matter, and thereafter refer the matter to the USTR for Cabinet-level review as necessary. The USTR, after receiving the advice of the TPSC, TPRG, or Cabinet-level officials, shall make recommendations to the President on any proposed action to modify the application of the ATPA's benefits to countries or articles, including recommendations that no action be taken. The USTR shall also forward to the President any documentation necessary to implement the recommended proposed action or actions to modify the application of the ATPA's benefits to countries or articles.
( e ) In considering whether to recommend any proposed action to modify the ATPA, the Andean Subcommittee, on behalf of the TPSC, TPRG, or Cabinet-level officials, shall review all relevant information submitted in connection with a petition or otherwise available.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 05-6015

ROBB M. HARKSEN,

Plaintiff - Appellant,

v.

T. PEASE, Mailroom Officer; D. A. BRAXTON; S. SHORTRIDGE,

Operations Officer; R. A. YOUNG, Regional Director; L. HUFFMAN,

Regional Director; S. MULLINS, Treatment Program Supervisor; S.

BUNCH, Mailroom Officer; J. ARMENTROUT, Assistant Warden

Operations; G. DEEL; T. HALE, Corrections Officer; T. WOODS,

Defendants - Appellees.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, Senior District

Judge. (CA-04-243)

Submitted: May 21, 2008 Decided: June 27, 2008

Before WILKINSON and MICHAEL, Circuit Judges, and WILKINS, Senior

Circuit Judge.

Affirmed in part, vacated in part, and remanded by unpublished per

curiam opinion.

Robb M. Harksen, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Robb M. Harksen appeals the district court’s orders

dismissing without prejudice his action filed under 42 U.S.C.

§ 1983 (2000), and denying his Fed. R. Civ. P. 59(e) motion.

Harksen asserted, inter alia, that he was denied free or gift

publications in violation of the First Amendment. The district

court held that the prison regulation banning receipt of free or

gift publications was constitutional. However, the case on which

the district court relied to reach that conclusion was reversed on

appeal. See Zimmerman v. Simmons, 260 F. Supp. 2d 1077 (D. Kan.

2003) (applying four-part test in Turner v. Safley, 482 U.S. 78

(1987), and concluding that regulation banning receipt of gift

publications was constitutional), rev’d sub nom. Jacklovich v.

Simmons, 392 F.3d 420, 428-32 (10th Cir. 2004) (finding genuine

issues of material fact existed regarding behavior management and

security rationales proffered by defendants in support of policy

denying access to publications and to remaining Turner factors);

see also Prison Legal News v. Lehman, 397 F.3d 692, 698-701 (9th

Cir. 2005) (applying Turner and holding that ban on nonsubscription

bulk mail and catalogs requested by inmate was unconstitutional).

Although we express no view on the merits, we conclude that it is

appropriate to vacate the district court’s summary dismissal of

Harksen’s First Amendment claims regarding receipt of free or gift

publications. On remand the district court should consider the
- 3 -

state’s justification for its regulation and resolve any factual

issues relevant to the merits of Harksen’s claims.

With regard to Harksen’s remaining claims, we have

reviewed the record and find no reversible error. Accordingly, we

affirm those claims for the reasons stated by the district court.

Harksen v. Braxton, No. 7:04-cv-00243 (W.D. Va. Nov. 9, 2004;

Dec. 10, 2004). We dispense with oral argument because the facts

and legal contentions are adequately presented in the materials

before the court and argument would not aid the decisional process.

 AFFIRMED IN PART, VACATED

 IN PART, AND REMANDED
#### Maud Eacutt, Appellee, v. Isaac Eacutt, Appellant.

Gen. No. 21,281.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding.

Heard in this court at the March term, 1915.

Affirmed.

Opinion filed January 3, 1916.

Statement of the Case.

Bill for divorce by Maud Eacutt, complainant, against Isaac Eacutt, defendant, alleging extreme and' repeated cruelty and praying for divorce and alimony. The defendant was personally served, did not appear, and an order of default was entered for failure to appear July 8,1914. July 22nd the cause was heard and a decree of divorce entered and an order that defendant pay complainant $75 per month alimony. July 31st defendant filed his motion to vacate the decree, set aside the default of defendant and give him leave to answer. The hearing of the motion was continued, and February 15, 1915, the motion was denied, and from that order this appeal is prosecuted.

In his affidavit in support of his motion defendant stated that the decree of divorce was entered during his absence from the State. On the hearing of the motion it was admitted that at the time of the hearing of the bill for divorce, defendant was in the court house and spoke to the witnesses. The ground on which defendant asked the court to vacate the decree of divorce was that complainant had been guilty of adultery during the marriage.

Charles R. Napier and Elliott R. Goldsmith, for appellant.

Brundage, Landon & Holt, for appellee.

*335Abstract of the Decision.

1. Equity, § *539*
      ***
      *—when decree not vacated to set up in defense matter not set up in answer.*A decree will not be vacated to permit defendant to set up a defense to the bill in a matter not set up by answer.

2. Equity, § *539*
      ***
      *—when decree not vacated on ground of newly-discovered evidence.*Where the affidavits filed in support of a motion to vacate a decree on the ground of newly-discovered evidence fail to show that the defendant could not have discovered the testimony in time for the hearing by the use of reasonable diligence, the motion is properly denied.

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Baker

delivered the opinion of the court.
NRC ANNOUNCES OPPORTUNITY TO REQUEST HEARING ON LICENSE 

RENEWAL APPLICATION FOR COOPER NUCLEAR STATION 

 

The Nuclear Regulatory Commission today announced the opportunity to request a 

hearing on an application to renew the operating license for the Cooper Nuclear Station for an 

additional 20 years. 

 Cooper is a boiling water reactor located 23 miles south of Nebraska City, Neb. The plant 

owner, Nebraska Public Power District, submitted the renewal application Sept. 30. The current 

operating license for Cooper expires Jan. 18, 2014. 

 The NRC staff has determined that the application contains sufficient information for the 

agency to formally “docket,” or file, the application and begin its safety and environmental 

reviews. Docketing the application does not preclude requesting additional information as the 

reviews proceed, nor does it indicate whether the Commission will renew the license. 

A notice of opportunity to request a hearing has been published in the Federal Register, 

and the deadline for requesting a hearing is March 2, 2009. Petitions may be filed by anyone 

whose interest may be affected by the license renewal and who wishes to participate as a party in 

the proceeding. A request for a hearing and a petition for leave to intervene must be filed through 

the NRC’s E-Filing system. Anyone wishing to file should contact the Office of the Secretary by 

e-mail at HEARINGDOCKET@nrc.gov at least five days before the filing deadline to request a 

digital ID certificate and allow for the creation of an electronic docket. More information on the 

hearing process is available on the NRC Web site at: http://www.nrc.gov/aboutnrc/regulatory/adjudicatory/hearing.html. 

 The Cooper renewal application is posted on the NRC Web site at 

http://www.nrc.gov/reactors/operating/licensing/renewal/applications/cooper.html . A schedule 

for reviewing the application will be posted soon. License renewal reviews typically take 22 

months with no hearing, or 30 months if a hearing is granted. 

 Information about the license renewal process can be found on the NRC Web site at 

http://www.nrc.gov/reactors/operating/licensing/renewal.html. 

### 

 News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-236 December 30, 2008