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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6777

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

NATHANIEL HOOVER,

Defendant - Appellant.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, District

Judge. (CR-94-137, CA-95-337-3-MU)

Submitted: August 15, 1996 Decided: August 21, 1996

Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Nathaniel Hoover, Appellant Pro Se. Gretchen C. F. Shappert,

Assistant United States Attorney, Charlotte, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals district court's denial of his "motion to

proceed without extra time." We dismiss the appeal for lack of

jurisdiction because the order is not appealable. This court may

exercise jurisdiction only over final orders, 28 U.S.C. § 1291

(1988), and certain interlocutory and collateral orders, 28 U.S.C.

§ 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus.

Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither

a final order nor an appealable interlocutory or collateral order.

We dismiss the appeal as interlocutory. In light of this disposition, we also deny Appellant's motion for bail pending appeal.

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.

DISMISSED
### §30304. Governing body

(a) Board of Directors.—(1) The number of directors of the corporation shall be at least three but not more than 15. The directors shall be divided into a specified number of classes. Each class shall hold office for a definite period of years as provided in the bylaws.

(2) A majority of the directors must be present at a meeting of directors to constitute a quorum. A majority vote of the directors present at a meeting at which there is a quorum is necessary for the transaction of business.

(3) A director may be removed at any time for just and proper cause by a majority vote of a quorum of directors present at a meeting called for that purpose.

(4) A vacancy in the office of director may be filled by a majority vote of a quorum of the remaining directors present at a meeting called for that purpose. A director elected to fill a vacancy serves until the next annual meeting of the corporation.

(b) Officers.—The officers of the corporation and their manner of election, term of office, duties, and powers are as provided in the bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1317.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30304(a) | 36:857. | Aug. 27, 1958, Pub. L. 85–769, §§7, 8, 72 Stat. 925. |
| 30304(b) | 36:858. | |

Section

In subsection (a)(1), the words "from time to time" are omitted as unnecessary. The words "except that the directors of Blinded Veterans Association, Incorporated, on August 27, 1958 shall be the first directors of the corporation" are omitted as executed and obsolete.

In subsection (a)(4), the word "duly" is omitted as unnecessary.

Subsection (b) is substituted for the source provision for consistency in the revised title. The words "consistent with this charter" in 36:858(b) are omitted as unnecessary.
Amendment Number Five to the Amended and Restated Northern Trust Company



 Exhibit 10(ii) 
 AMENDMENT NUMBER FIVE TO 
 THE NORTHERN TRUST COMPANY THRIFT-INCENTIVE PLAN 
 (As Amended and Restated Effective January 1, 2005) 
 WHEREAS, The Northern Trust Company (the “Company”) maintains The Northern Trust Company Thrift-Incentive Plan, As Amended and Restated Effective January 1, 2005, (the “Plan”); and

 WHEREAS, amendment of the Plan is now considered desirable; 
 NOW, THEREFORE, by virtue and in exercise of the amending power reserved to the undersigned officer under Section 11.1 of the Plan, the Plan
is hereby amended effective as of the date this Amendment is executed to add the following as a new last sentence of section 6.1 of the Plan: 
 “If the Company has engaged such a provider or providers to provide investment advice and/or investment management services directly to some or all Members, and if a Member elects to use the investment advice and/or investment
management services provided by any such provider, the fees and expenses charged by such provider for those services shall be paid from the Member’s Account pursuant to administrative procedures established for that purpose.” 

IN WITNESS WHEREOF, the Company has caused this amendment to be executed on its behalf this 29th of May, 2007 effective such 29th day of May,
2007. 
  

			
	THE NORTHERN TRUST COMPANY
		
	By:	 	 /s/ Timothy P. Moen

	Name:	 	Timothy P. Moen
	Title:	 	Executive Vice President and
		 	Human Resources Department Head
B.C.D. 04-43

EMPLOYER STATUS DETERMINATION

SierraPine LLP, doing business as Amador Foothills Railroad

SEP 1 0 2004

This is the decision of the Railroad Retirement Board regarding the continued status of 

the SierraPine LLP, doing business as Amador Foothills Railroad as an employer under

the Railroad Retirement Act (45 U.S.C. § 231, et seg.) (RRA) and the Railroad

Unemployment Insurance Act (45 U.S.C. § 351, et sea.) (RUIA).

SierraPine was held to be an employer1 under the Acts effective December 15, 1998,

(B.A. Number 3797). Sierra Pine ceased operations as of June 30, 2004. The assets of

the railroad were leased from Sierra Pacific Industries, Inc.,2 and will be returned to that

company. Sierra Pine last compensated employees on June 30, 2004. On July 7, 2004,

SierraPine issued a formal embargo of the entire rail line due to track conditions and its

attorney3 reported that it intends to seek authorization from the Surface Transportation 

Board to abandon the rail line.

Section 202.11 of the Board’s regulations provides that:

The employer status of any company or person shall terminate whenever

such company or person loses any of the characteristics essential to the

existence of an employer status.

Through the termination of its rail operations and return of its leased rail assets, SierraPine

has lost the characteristics essential to the existence of an employer status.

Accordingly, the Board holds that SierraPine ceased to be an employer under the

Railroad Retirement and Railroad Unemployment Insurance Acts effective with the

close of business on June 30, 2004. Cf. Rev Ruling 82-99, 1982-2 C.B. 154, wherein the

Internal Revenue Service ruled that a railroad ceases to be an employer subject to

taxes under the Railroad Retirement Tax Act when the railroad’s employees stop 

performing services in connection with the railroad's carrier activities.

Michael S. Schwartz

V. M. Speakman, Jr.

rome F. Kever

-'L-L-C.

1 Only as to its operation of the former Amador Central line.

2 Sierra Pacific Industries was held not to be an employer under the Acts (B.C.D. 04-11).

3 Attorney Pamela Giovannetti of the law firm of Dun & Martinek LLP, in a letter dated

July 30, 2004, addressed to the Chief of the Board’s Audit and Compliance Section.

BA#3797
### §8504. Disposition of other unclaimed property

Any other unclaimed property found on the premises under the control of the Department shall be stored by the officer in charge of such premises and may be sold, used, destroyed, or otherwise disposed of in accordance with regulations promulgated by the Secretary if the owner thereof fails to claim same within ninety days. If undisposed of, the same may be reclaimed by the owner, such person's personal representative or next of kin, upon payment of reasonable storage charges prescribed by regulations. If sold, the net proceeds thereof shall be credited to said post fund to be expended as other assets of such fund. The person who was entitled to such property, or such person's legal representative, or assignee, shall be paid the proceeds of sale thereof, less expenses if claim therefor be made within five years from the date of finding. If the owner shall have died intestate without creditors or next of kin surviving, such proceeds shall not be paid to such person's legal representative.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1258, §5204; Pub. L. 99–576, title VII, §701(96), Oct. 28, 1986, 100 Stat. 3300; renumbered §8504, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–40 renumbered section 5204 of this title as this section.

Pub. L. 102–83 substituted "Secretary" for "Administrator" and "Department" for "Veterans' Administration".

1986—Pub. L. 99–576 substituted "such person's" for "his" in three places.
:*---WATAWAREMSVI I ['Wt., Utzi4N Wag c•I'15.14kr 

district court by April 3, 2013. The notice of appeal, however, was not filed 

until April 5, 2013, two days after the expiration of the appeal period 

prescribed by NRAP 4(b)(1). Because the notice of appeal was not timely 

filed, we lack jurisdiction and we 

ORDER this appeal DISMISSED. 

Hardesty 

ParraguirrCeXt-i--- 

cc: Hon. Steve L. Dobrescu, District Judge 

Elko County Public Defender 

Attorney General/Ely 

White Pine County Clerk 

SUPREME COURT 

OF 

NEVADA 

(0) 1947A 

2
### §7732. Functions

The Under Secretary for Benefits, acting through the quality assurance entities established under section 7731(a), shall on an ongoing basis perform and oversee quality reviews of the functions of each of the principal organizational elements of the Veterans Benefits Administration.

(Added Pub. L. 106–117, §801(a)(1), Nov. 30, 1999, 113 Stat. 1585.)
[Federal Register Volume 69, Number 218 (Friday, November 12, 2004)]
[Notices]
[Page 65431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25325]


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

FEDERAL ELECTION COMMISSION


Sunshine Act Meeting

AGENCY: Federal Election Commission.

Previously Announced Date and Time: Thursday, November 4, 2004, 10 a.m. 
Meeting open to the public. This meeting was cancelled.

Date and Time: Tuesday, November 16, 2004 at 10 a.m.

Place: 999 E Street, NW., Washington, DC.

Status: This meeting will be closed to the public.

Items to be Discussed: Compliance matters pursuant to 2 U.S.C. 437g.

Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, 
U.S.C.
Matters concerning participation in civil actions or proceedings or 
arbitration.
Internal personnel rules and procedures or matters affecting a 
particular employee.


Date and Time: Thursday, November 18, 2004 at 10 a.m.

Place: 999 E Street, NW., Washington, DC (Ninth Floor).

Status: This meeting will be open to the public.

Items to be Discussed: 
Correction and Approval of Minutes.
Report of the Audit Division on the Conservative Leadership Political 
Action Committee.
Regulations Priorities.
Routine Administrative Matters.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Biersack, Acting Press 
Officer, Telephone: (202) 694-1220.

Mary W. Dove,
Secretary of the Commission.
[FR Doc. 04-25325 Filed 11-9-04; 3:08 pm]
BILLING CODE 6715-01-M
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|--|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  | OVC Report To Congress

OVC prepares a report to Congress every 2 years that details OVC's major undertakings during the past 2 fiscal years.

These biennial publications demonstrate how OVC works to improve the criminal justice response to victims, make services and resources more accessible, and expand the range and quality of services for victims nationwide and around the world.
- OVC              Report to the Nation 2003 (December 2004) This biennial OVC report (NCJ 205031) summarizes OVC-supported        initiatives during Fiscal Years 2001 and 2002. Topics covered include        deposits into the Crime Victims’ Fund, victim compensation and        assistance awards, training and technical assistance, resource dissemination,        and accomplishments in the field. The publication also features links        to the  OVC Focus On Series ,        an indepth look at specific grantee initiatives.         **OVC Report to Congress Archives**- 2001  (FYs 1999–2000)
- 1999  (FYs 1997�1998)
- 1997  (FYs 1995–1996) 
- 1996  (FYs                      1993�1994)
     
OVC               Home | OJP               Home | DOJ               Home | Ask               OVC | Privacy               Statement | FOIA               | Site               Map | Search     |
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### §7288. Annual report

(a) In General.—The chief judge of the Court shall submit to the appropriate committees of Congress each year a report summarizing the workload of the Court for the fiscal year ending during the preceding year.

(b) Elements.—Each report under subsection (a) shall include, with respect to the fiscal year covered by such report, the following information:

(1) The number of appeals filed with the Court.

(2) The number of petitions filed with the Court.

(3) The number of applications filed with the Court under section 2412 of title 28.

(4) The total number of dispositions by each of the following:

(A) The Court as a whole.

(B) The Clerk of the Court.

(C) A single judge of the Court.

(D) A multi-judge panel of the Court.

(E) The full Court.

(5) The number of each type of disposition by the Court, including settlement, affirmation, remand, vacation, dismissal, reversal, grant, and denial.

(6) The median time from filing an appeal to disposition by each of the following:

(A) The Court as a whole.

(B) The Clerk of the Court.

(C) A single judge of the Court.

(D) Multiple judges of the Court (including a multi-judge panel of the Court or the full Court).

(7) The median time from filing a petition to disposition by the Court.

(8) The median time from filing an application under section 2412 of title 28 to disposition by the Court.

(9) The median time from the completion of briefing requirements by the parties to disposition by the Court.

(10) The number of oral arguments before the Court.

(11) The number of cases appealed to the United States Court of Appeals for the Federal Circuit.

(12) The number and status of appeals and petitions pending with the Court and of applications described in paragraph (3) as of the end of such fiscal year.

(13) The number of cases pending with the Court more than 18 months as of the end of such fiscal year.

(14) A summary of any service performed for the Court by a recalled retired judge of the Court.

(15) An assessment of the workload of each judge of the Court, including consideration of the following:

(A) The time required of each judge for disposition of each type of case.

(B) The number of cases reviewed by the Court.

(C) The average workload of other Federal judges.

(c) Appropriate Committees of Congress Defined.—In this section, the term "appropriate committees of Congress" means—

(1) the Committee on Veterans' Affairs of the Senate; and

(2) the Committee on Veterans' Affairs of the House of Representatives.

(Added Pub. L. 110–389, title VI, §604(a), Oct. 10, 2008, 122 Stat. 4178.)
§ 12.2 Undue proliferation. ( a ) *Information as to possible undue proliferation.* Any person or group, including a State or local governmental entity, is invited to communicate information to the Secretary concerning the possible existence of undue proliferation. Such communications should be in writing and include supporting information and explanations.
( b ) *Initiation of inquiry as to undue proliferation.* Upon receipt of information regarding the possible existence of undue proliferation, the Secretary will determine whether there has been a showing of good cause warranting an inquiry. If the Secretary determines that good cause exists, he shall initiate an inquiry for the purpose of finding facts concerning the existence of undue proliferation.
( c ) *Procedures for inquiry* — ( 1 ) *Cooperation with State and local officials.* Any inquiry initiated under paragraph (b) of this section may be conducted in cooperation with State and local weights and measures officials.
( 2 ) *Participation by interested persons.* The Secretary may, during the course of the inquiry, afford interested persons or groups an opportunity to submit in writing comments, data, arguments, views, or other information relevant to the inquiry.
( d ) *Proposed determination as to existence of undue proliferation.* ( 1 ) If, after consideration of all relevant information, the Secretary concludes that undue proliferation appears to exist, he shall publish a proposed determination to this effect. The proposed determination shall identify the particular consumer commodity or commodities involved and shall be accompanied by a concise statement of the facts upon which it is based.
( 2 ) Within 60 days after publication of the proposed determination, any interested party may submit in writing comments, data, arguments, views, or other information relevant to the proposed determination. All written submissions shall be made a part of the public record.
( 3 ) Within 30 days after the proposed determination has been published, any interested party may request in writing an oral hearing to present his views. The granting of such a hearing shall be at the discretion of the Secretary. Any such hearing shall be public and notice thereof shall be published at least 15 days in advance. A transcript of the hearing shall be made part of the public record.
( e ) *Final determination as to undue proliferation.* As soon as practicable following the conclusion of the proceedings described in paragraph (d) of this section, the Secretary shall either publish a final determination of undue proliferation, or he shall publish a notice withdrawing his proposed determination of undue proliferation. In no event shall the withdrawal of a proposed determination operate to preclude the initiation of another inquiry regarding the same or similar subject matter under paragraph (b) of this section.
#### § 9800.110 Public reading room.

CIGIE maintains an electronic public reading room on its website, *http://www.ignet.gov,* which contains the records that FOIA requires be regularly made available for public inspection and copying, as well as additional records of interest to the public. CIGIE is responsible for determining which of its records must be made publicly available, for identifying additional records of interest to the public that are appropriate for public disclosure, and for posting and indexing such records. CIGIE must ensure that its website of posted records and indices is reviewed and updated on an ongoing basis. CIGIE's FOIA Public Liaison can assist individuals in locating records at CIGIE.
Exhibit 10.36



 



EXHIBIT 10.36


ADDENDUM TO EMPLOYMENT AGREEMENT



          This Addendum (the “Addendum”) is made effective as of the 12th day of
December, 2003 and is intended to amend a certain Employment Agreement (the
“Agreement”) by and between Erie Indemnity Company and Philip A. Garcia
effective as of December 16, 1997.



          WHEREAS, the Company has determined that it is in the best interest of the
Company and its Shareholders to secure the continued employment of the
Executive in accordance with the terms of the Agreement; and



          WHEREAS, the Board of Directors of the Company has previously considered
and agreed to extend the term of the Agreement from its original term; and



          WHEREAS, the Board of Directors of the Company at its meeting of December
9, 2003 has again agreed to extend the term of the Agreement for a period of
one (1) additional year as contained herein; and



          WHEREAS, the Executive is agreeable to the extension of the Agreement.



          NOW, THEREFORE, intending to be legally bound hereby, the parties agree as
follows:



          1. Paragraph 1 of the Agreement with respect to the Term is hereby amended
by extending the Term to expire on December 15, 2005.



          2. All other terms and conditions of the Agreement remain in full force
and effect.




	 	 	 	 	 	 	 	 	 
	ATTEST:	 	      ERIE INDEMNITY COMPANY
	 	 	 	 	 	 	 	 	 
	      /s/	 	
Jan R. Van Gorder
	 	By:
	 	/s/
	 	F. William Hirt
	 	 	
Jan R. Van Gorder
	 	 	 	 	 	F. William Hirt
	 	 	
Secretary
	 	 	 	 	 	Chairman of the Board
	 	 	 	 	 	 	 	 	 
	WITNESS:	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 
	      /s/	 	
Cori Coccarelli
	 	 	 	/s/
	 	Philip A. Garcia
	 	 	
Cori Coccarelli
	 	 	 	 	 	Philip A. Garcia
	 	 	
Executive Secretary
	 	 	 	 	 	786 Stockbridge Drive
	 	 	 	 	 	 	 	 	Erie, PA 16505



25