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

Court of Appeals

Second Appellate District of Texas

at Fort Worth

___________________________

No. 02-21-00440-CV

___________________________

Original Proceeding

48th District Court of Tarrant County, Texas

Trial Court No. 048-323196-21

Before Kerr, Birdwell, and Walker, JJ.

Per Curiam Memorandum Opinion

IN RE PHIPPS ANDERSON DEACON LLP, PHIPPS DEACON PURNELL 

PLLC, AND PHIPPS MAYES PLLC, Relators
2

MEMORANDUM OPINION

The court has considered relators’ amended petition for writ of mandamus and

is of the opinion that relief should be denied. Accordingly, relators’ petition for writ 

of mandamus is denied, and relators’ motion for extension of time to file amended 

petition is denied as moot. We release our stay of January 4, 2022.

Per Curiam

Delivered: March 17, 2022
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30469 (Summary Calendar)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DAVID HAMPTON, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

(USDC No. 95-CV-4297)

- - - - - - - - - - November 25, 1997 Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * David Hampton, federal prisoner #23890-034 I-D-2, appeals from the den ial of his 28 U.S.C. § 2255 motion to vacate, correct, or
set aside sentence following this court’s r emand as to Hampton’s ineffective-assistance-of-counsel claim.
We have reviewed the record and find no reversible error. The district court did not abuse its discretion in not conducting an evidentiary hearing. Accordingly, we affirm for the reasons adopted by the district court. United States v. Hampton , No. 95- CV-4297 (E.D. La. Apr. 17, 1997).
AFFIRMED.
### §7457. On-call pay

(a) The Secretary may pay an employee to whom this section applies pay at the rate provided in section 7453(h) of this title except for such time as the employee may be called back to work.

(b) This section applies to an employee who meets each of the following criteria:

(1) The employee is employed in a position listed in paragraph (3) of section 7401 of this title or meets the criteria specified in clauses (i), (ii), and (iii) of section 7455(a)(2)(B) of this title.

(2) The employee is employed in a work unit for which on-call premium pay is authorized.

(3) The employee is officially scheduled to be on call outside such employee's regular hours or on a holiday designated by Federal statute or Executive order.

(c) An employee who is eligible for on-call pay under subsection (a) and who was receiving standby premium pay pursuant to section 5545 of title 5 on May 20, 1988, shall, as long as such employee is employed in the same position and work unit and remains eligible for such standby pay, receive pay for any period of on-call duty at the rate equal to the greater of—

(1) the rate of pay which such employee would receive if being paid the rate of standby pay pursuant to such section that such individual would be entitled to receive if such individual were not scheduled to be on call instead, or

(2) the rate of pay which such employee is entitled to receive including on-call premium pay described in subsection (a).

(Added Pub. L. 102–40, title IV, §401(b)(4), May 7, 1991, 105 Stat. 236.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 4107(j) of this title prior to the repeal of that section as part of the complete revision of chapter 73 of this title by Pub. L. 102–40.
### §3741. Definitions

For the purposes of this subchapter—

(1) The term "disabled veteran" means (A) a veteran who is entitled to compensation under laws administered by the Secretary for a disability rated at 30 percent or more, or (B) a veteran whose discharge or release from active duty was for a disability incurred or aggravated in line of duty.

(2) The term "veteran of the Vietnam era" means a person (A) who served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and who was discharged or released therefrom with other than a dishonorable discharge, or (B) who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed during the Vietnam era.

(Added Pub. L. 97–72, title III, §302(a), Nov. 3, 1981, 95 Stat. 1055, §1841; amended Pub. L. 99–576, title VII, §702(9), Oct. 28, 1986, 100 Stat. 3302; renumbered §3741 and amended Pub. L. 102–83, §§4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83, §5(a), renumbered section 1841 of this title as this section.

Par. (1). Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".

1986—Pub. L. 99–576 substituted "percent" for "per centum" in par. (1) and "180" for "one hundred and eighty" in par. (2).

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

#### Effective Date

Pub. L. 97–72, title III, §305, Nov. 3, 1981, 95 Stat. 1060, provided that: "The amendments made by this title [see Tables for classification] shall take effect at the end of the one-hundred-and-eighty-day period beginning on the date of the enactment of this Act [Nov. 3, 1981], except that the authority of the Administrator of Veterans' Affairs to promulgate regulations under subchapter IV of chapter 37 of title 38, United States Code (as added by section 302), shall take effect on such date of enactment."

#### Short Title

For short title of title III of Pub. L. 97–72, which enacted this subchapter, as the "Veterans' Small Business Loan Act of 1981", see section 301 of Pub. L. 97–72, set out as a Short Title of 1981 Amendments note under section 101 of this title.

#### Authorization of Appropriations

Pub. L. 97–72, title III, §304, Nov. 3, 1981, 95 Stat. 1060, authorized to be appropriated a total of $750,000 for fiscal years 1982 through 1986 for use by Administrator of Veterans' Affairs for expenses incidental to establishment of small business loan program authorized by subchapter IV of this chapter.
#### The People of the State of New York, Respondent, v. James W. Crawford, Appellant.

All concur. (Appeal from a judgment convicting defendant of the crimes of burglary, first degree, and assault, second degree, with intent to commit rape.) Present — Taylor, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.
ADDENDUMTO EMPLOYMENT AGREEMENT

OF

PAULBRANAGAN

 

 

ThisAddendum to the Employment Agreement between Petrol Oil and Gas Inc., a NevadaCorporation ("Employer") and Paul Branagan ("Executive") isentered into this 20th day of November, 2003.

 

WHEREAS,Employer and Executive entered into an Employment Agreement effective August 20,2002, and

 

WHEREAS,Employer and Executive now desire to amend the Employment Agreement to add aroyalty provision,

 

NOWTHEREFORE, the Employment agreement is amended as follows:

-  Executive    shall receive a 1/32 Over Riding Royalty on any wells completed by Employer.The    Over Riding Royalty shall be paid as determined by the Board of Directors.The    term of the payment of the Over Riding Royalty shall be for the remaining    term of the Employment Agreement and may be changed and/or extended at any    time by the Board of Directors of Employer.The    Term "Over Riding Royalty" shall be defined as a fractional    interest in the gross production of oil and gas, in addition to the usual    royalties paid to any lessor.
INWITNESS WHEREOF, the parties hereto have executed this Addendum to EmploymentAgreement the day and year first above written.

 

PETROL      OIL AND GAS, INC.   
EXECUTIVE:
A      Nevada Corporation (Employer")   

By/s/      Paul      Branagan                                
 /s/      Paul      Branagan                       
PAUL      BRANAGAN, President   
 PAUL      BRANAGAN
No. III-10-007 

Contacts: 

Viktoria Mitlyng 630-829-9662 

Prema Chandrathil 630-829-9663 

 March 26, 2010 

 E-Mail: opa3@nrc.gov

Web site: www.nrc.gov

NRC TO HOLD PUBLIC MEETING WITH ENTERGY NUCLEAR OPERATIONS INC. 

The Nuclear Regulatory Commission staff will meet with Entergy Nuclear Operations Inc., 

staff on March 29, to discuss the results of an independent safety culture survey conducted by the 

company at all of its nuclear plants, including the Palisades Nuclear Station located in Covert, Mich., 

five miles south of South Haven. 

The meeting, which will be open to public observation, will begin at 2 p.m. in the NRC’s 

Region III office, 2443 Warrenville Road, Lisle, Ill. Entergy officials will discuss the results of the 

2009 safety culture survey for the Palisades plant. 

“An environment which allows and encourages plant workers to raise safety-related concerns 

is vital to ensure the safe operation of nuclear power plants,” said Mark Satorius, Regional 

Administrator for the NRC’s Region III office in Lisle, Ill. “Safety is a top priority for our agency 

and we expect the utilities to operate at those high standards.” 

Additional public meetings will be held in Region IV on March 31, to specifically discuss 

Arkansas Nuclear One, Grand Gulf, River Bend and Waterford nuclear power plants. Region I will 

hold a similar meeting on April 13, where Entergy officials will discuss the results of the survey for 

Pilgrim, James A. FitzPatrick, Indian Point and Vermont Yankee. 

Members of the public will have an opportunity to ask questions of the NRC staff before the 

meeting concludes. To listen to the Region III meeting via telephone bridge line, dial 1-800-369-1724 

and use pass code 66189. 

 ### 

 NRC news releases are available through a free list serve 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 Region III 

2443 Warrenville Road 

Lisle IL 60532
### §40701. Organization

(a) Federal Charter.—Corporation for the Promotion of Rifle Practice and Firearms Safety (in this chapter, the "corporation") is a federally chartered corporation.

(b) Non-Governmental Status.—The corporation is a private corporation, not a department, agency, or instrumentality of the United States Government. An officer or employee of the corporation is not an officer or employee of the Government.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1335.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40701(a) | 36:5501(a) (less "private, nonprofit"). | Feb. 10, 1996, Pub. L. 104–106, title XVI, §1611(a) (less "nonprofit"), (b)(1), 110 Stat. 515, 516. |
| 40701(b) | 36:5501(a) (related to private), (b)(1). | |

Section

Subsection (a) is substituted for the source provision for consistency in the revised title.

In subsection (b), the words "is not" are substituted for "shall not be considered to be" for clarity and to eliminate unnecessary words.

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

#### Continuation of Eligibility for Certain Civil Service Benefits for Former Federal Employees of Civilian Marksmanship Program

Pub. L. 104–106, div. A, title XVI, §1622, Feb. 10, 1996, 110 Stat. 521 [former 36 U.S.C. 5522], provided that:

"(a) Continuation of Eligibility.—Notwithstanding any other provision of law, a Federal employee who is employed by the Department of Defense to support the Civilian Marksmanship Program as of the day before the date of the transfer of the Program to the Corporation and is offered employment by the Corporation as part of the transition described in section 1612(d) [former 36 U.S.C. 5502(d)] may, if the employee becomes employed by the Corporation, continue to be eligible during continuous employment with the Corporation for the Federal health, retirement, and similar benefits (including life insurance) for which the employee would have been eligible had the employee continued to be employed by the Department of Defense. The employer's contribution for such benefits shall be paid by the Corporation.

"(b) Regulations.—The Director of the Office of Personnel Management shall prescribe regulations to carry out subsection (a)."
§ 890.1308 Carrier participation. ( a ) All carriers who participate in the FEHB Program and provide benefits to enrollees in the geographic areas selected as demonstration project areas must participate in the demonstration project, except as provided for in paragraphs (b), (c), and (d) of this section.
( b ) Carriers who have less than 300 FEHB enrollees may, but are not required to, participate in the demonstration project.
( c ) Carriers may, but are not required to, participate in the demonstration project if their service area overlaps a small portion (as determined by OPM) of a demonstration project geographic area.
( d ) Carriers offering fee-for-service plans with enrollment limited to specific groups will not participate in the demonstration project.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-6676

FELIX A. NEWBY,

Plaintiff - Appellant,

versus

N. FASTING, sued in their individual

capacities; E. ROUNTREE, sued in their

individual capacities; JANE DOE, sued in their

individual capacities; M. WICKIZER, sued in

their individual capacities; CARLOS WILLIAMS,

sued in their individual and official

capacities; RAJIV NANAVATY, sued in their

individual and official capacities; ALAN

TOWNE, sued in their individual and official

capacities; FRED LAINE, sued in their

individual and official capacities; WILLIAM

BROADDUS, sued in their individual and

official capacities; A. SPEER; E. BOAKYE;

CORRECTIONAL MEDICAL SERVICES; JOHN DOE, sued

in their individual capacities,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Leonie M. Brinkema, District

Judge. (CA-01-1432-1)

Submitted: September 23, 2002 Decided: October 8, 2002

Before LUTTIG, WILLIAMS, and MOTZ, Circuit Judges.
2

Affirmed by unpublished per curiam opinion.

Felix A. Newby, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Felix A. Newby appeals the district court’s order dismissing

his 42 U.S.C. § 1983 (2000) complaint pursuant to 28 U.S.C. § 1915A

(2000). We have reviewed the record and the district court’s

opinion and find no reversible error. Even if Defendant Jane Doe’s

actions amounted to deliberate indifference, Newby has failed to

show that her actions resulted in an injury of sufficient

seriousness to warrant relief. See Farmer v. Brennan, 511 U.S. 825,

834 (1994). Accordingly, we affirm substantially on the reasoning

of the district court. See Newby v. Fasting, No. CA-01-1432-1

(E.D. Va. filed Mar. 27, 2002; entered Mar. 28, 2002). 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
### §22304. Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the members of the corporation, the board is responsible for the general policies and program of the corporation and for the control of contributions raised by the corporation.

(2) The number of directors, their manner of selection (including the filling of vacancies), and their term of office are as provided in the constitution and bylaws of the corporation.

(b) Officers.—(1) The officers of the corporation are a president, one or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and one or more assistant secretaries and assistant treasurers as provided in the constitution and bylaws.

(2) The manner of election, term of office, and duties of the officers are as provided in the constitution and bylaws.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1302.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 22304(a) | 36:3407. | Oct. 15, 1962, Pub. L. 87–817, §§7, 8, 76 Stat. 931. |
| 22304(b) | 36:3408. | |

Section

In subsection (a), the text of 36:3407(a) and the word "Thereafter" in 36:3407(b) are omitted as obsolete. The word "contributions" is substituted for "all contributed funds" to eliminate unnecessary words.
§ 273.3 General policy. The Omnibus Trade and Competitiveness Act of 1988 (Pub. L. 100-418, section 5164) amended the Metric Conversion Act of 1975 to, among other things, require that each Federal agency, by a date certain and to the extent economically feasible by the end of the fiscal year 1992, use the metric system of measurement in its procurements, grants, and other business-related activities, except to the extent that such use is impractical or is likely to cause significant inefficiencies or loss of markets to United States firms, such as when foreign competitors are producting competing products in non-metric units. ( a ) The Director of the National Institute of Standards and Technology will assist in coordinating the efforts of Federal agencies in meeting their obligations under the Metric Conversion Act, as amended.
( b ) Federal agencies shall coordinate and plan for the use of the metric system in their procurements, grants and other business-related activities consistent with the requirements of the Metric Conversion Act, as amended. Federal agencies shall encourage and support an environment which will facilitate the transition process. When taking initiatives, they shall give due consideration to known effects of their actions on State and local governments and the private sector, paying particular attention to effects on small business.
( c ) Each Federal agency shall be responsible for developing plans, establishing necessary organizational structure, and allocating appropriate resources to carry out this policy.
[56 FR 160, Jan. 2, 1991. Redesignated at 56 FR 41283, Aug. 20, 1991, and further redesignated and amended at 78 FR 4766, Jan. 23, 2013]
### §74a–7. Transferred

#### **Editorial Notes**

#### Codification

Section 74a–7 was editorially reclassified as section 5123 of this title.
BISNIS Search For Partners,  March 9, 1998

----

The Business Information Service for the Newly Independent States (BISNIS) has created theSearch for Partners program to help U.S. companies find investment opportunities in theexpanding markets of the Newly Independent States (NIS) of the former Soviet Union. Theopportunities are provided solely as an informational service and do not represent an endorsementby the U.S. Department of Commerce.  Verification of these leads is the responsibility of thereader.
BISNIS is pleased to gather and disseminate to US companies promising Search ForPartners leads from throughout the NIS. Companies which wish to pursue these leadsshould directly contact the company via the contact information listed. 
BISNIS makes every effort to obtain valid contact information, but making contact withcompanies in many regions of the NIS can be difficult.  International and local lines inthe NIS can suffer from oversubscription (lack of available lines) and poor connectivity,and not all NIS companies have fax machines which operate 24 hours a day.  Sometimesseveral attempts may be necessary before a connection can be made.  If you are havingtrouble reaching a company, try phoning/faxing at different times of the day, includingduring regular work hours (often 9am -6pm) in the region you are trying to contact.
Note: Although BISNIS representatives in the NIS occasionally provide last-resortassistance in contacting local companies listed in leads, BISNIS representatives in theNIS do not: provide additional market information in response to direct inquiries fromUS companies, assist with negotiations, or conduct due diligence on local companies. 
For additional commercial information about industries, regions, and companies in theNIS, please contact BISNIS in Washington D.C. 
Index of Investment Opportunities:
**CERTIFICATION      **

| 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. |
|----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                         |                                                                              |                                    |
|----------------------------------------------|-----------------------------------------------------------------------------------|-----------------------------------------|
| Date:                 November 14, 2005 | By:                                                                     | /s/ Anthony                A. Rabb |
|                                         | Anthony                A. Rabb                                |
|                                         | Chief                Financial Officer and Vice President,                Finance |