alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 97-50955 Summary Calendar

JOHN RUFUS BLACK, JR., Plaintiff-Appellant,

versus TROY C. BENNETT, JR.; ABEL ACOSTA, also known as Unknown Deputy Clerk, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas

USDC No. A-96-CV-97

- - - - - - - - - - December 7, 1998 Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM: * John Rufus Black, Jr., Texas state prisoner # 607439, has appealed the district court’s summary-judgment dismissal of his claims for monetary damages against Troy C. Bennett, Jr., Clerk of the Texas Court of Criminal Appeals; and Abel Acosta, a deputy clerk of that court. We AFFIRM. Black’s action is based on the appellees’ refusal to file his motion for rehearing of the Texas court’s denial of his application for discretionary review of the affirmance of hisNo. 97-50955 -2- criminal conviction and sentence. However, Black has failed to contest the district court’s ruling that the appellees are entitled to quasi-judicial immunity from liability for damages relative to appellees’ said refusal to file. See Antoine v. Byers & Anderson , 508 U.S. 429, 436 (1993); Williams v. Wood , 612 F.2d 982, 985 (5th Cir. 1980). Black’s failure to brief the issue whether the appellees are entitled to summary judgment on grounds of quasi-judicial immunity constitutes a waiver of that issue on appeal. See Webb Cardiothoracic Surgery Associates of North Texas , 139 F.3d 532, 536 n.3 (5th Cir. 1998). The district court’s said ruling is dispositive of Black’s claims for damages based on 42 U.S.C. § 1983 and his supplemental state-law claim that appellees intentionally inflicted emotional distress upon him.
JUDGMENT AFFIRMED.
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.1711 Sealing of mines.

[Statutory Provisions]

On or after March 30, 1970, the opening of any coal mine that is declared inactive by the operator, or is permanently closed, or abandoned for more than 90 days, shall be sealed by the operator in a manner prescribed by the Secretary. Openings of all other mines shall be adequately protected in a manner prescribed by the Secretary to prevent entrance by unauthorized persons.
# C_2023165EN.01000801.xml

| 10.5.2023 | EN | Official Journal of the European Union | C 165/8 |
| --- | --- | --- | --- |

10.5.2023

EN

Official Journal of the European Union

C 165/8

---

Non-opposition to a notified concentration

(Case M.11075 – EBERT HERA ESSER HOLDING / SERVICECO)

(Text with EEA relevance)

(2023/C 165/02)

On 3 May 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11075. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11075. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY 

2000 TRAVERWOOD DRIVE 

ANN ARBOR, MI 48105-2498 

 OFFICE OF 

 AIR AND RADIATION 

August 17, 2012 

MEMORANDUM

SUBJECT: Conference Call with United Autoworkers to discuss the EPA/NHTSA Proposed 

Rulemaking for Greenhouse Gas and CAFE Standards for Model Year 2017-2025 Light-Duty 

Vehicles 

FROM: William Charmley, US EPA 

 

TO: EPA Docket # EPA-HQ-OAR-2010-0799 

This memo documents a conference call held on December 9, 2011 between representatives of 

the United Auto Workers (UAW) and EPA to discuss the EPA/NHTSA Proposed Rulemaking 

for Greenhouse Gas and CAFE Standards for Model Year 2017-2025 Light-Duty Vehicles 

The conference call attendees from United Auto Workers included. 

Barbara Somson and Brad Markell from the UAW participated in the call, and from EPA the 

participants included Margo Oge, Chet France, and Bill Charmley. 

The discussion topic was limited to questions from the UAW regarding the upcoming public 

hearings for the Joint NPRM.
§ 57.22227 Approved testing devices (I-A, I-B, I-C, II-A, II-B, III, IV, V-A, and V-B mines). ( a ) Methane monitoring devices and portable, battery-powered, self-contained devices used for measuring methane, other gases, and contaminants in mine air shall be approved by MSHA under the applicable requirements of 30 CFR parts 18, 21, 22, 23, 27, and 29. Such devices shall be maintained in accordance with manufacturers' instructions, or an equivalent maintenance and calibration procedure.
( b ) ( 1 ) Flame safety lamps shall not be used to test for methane except as supplementary devices.
( 2 ) Flame safety lamps shall not be used in Subcategory I-C mines.
( c ) ( 1 ) If electrically powered, remote sensing devices are used, that portion of the instrument located in return air or other places where combustible gases may be present shall be approved by MSHA under the applicable requirements of 30 CFR parts 18, 22, 23, 27, and 29.
( 2 ) If air samples are delivered to remote analytical devices through sampling tubes, such tubes shall be provided with in-line flame arrestors. Pumping equipment and analytical instruments shall be located in intake air.
§ 581.40 Assignment of leases or interests therein. ( a ) Subject to the approval of the Secretary, a lease may be assigned, in whole or in part, pursuant to section 8(e) of the Act to anyone qualified to hold a lease.
( b ) Any approved assignment shall be deemed to be effective on the first day of the lease month following the date that it is submitted to the Director for approval unless by written request the parties request that the effective date be the first of the month in which the Director approves the assignment.
( c ) The assignor shall be liable for all obligations under the lease occurring prior to the effective date of an assignment.
( d ) The assignee shall be liable for all obligations under the lease occurring on or after the effective date of an assignment and shall comply with all terms and conditions of the lease and applicable regulations issued under the Act.
#### In the Matter of the Regular Grand Jury of the County of Queens, Duly Empanelled for the February 1963 Term of the Supreme Court, Queens County, Respondent, v. Teresa Carillo, Appellant.

In a proceeding by a Grand Jury under article 19 of the Judiciary Law (§ 750 *et seq.)*to adjudge a witness in criminal contempt of court for her refusal to answer certain questions before said Grand Jury on February 27, 1963, said witness appeals from an order of the Supreme Court, Queens County, entered February 28, 1963 upon the court’s oral decision, after a hearing, which: (a) adjudged her guilty of criminal contempt of court; and (b) committed her to the New York City Women’s House of Detention for a term of 30 days. Order affirmed, without costs. The record shows that the Grand Jury was investigating a conspiracy to commit abortion as well as the substantive crimes of abortion and manslaughter. An offer of immunity is authorized in such a ease (Penal Law, §§ 584, 2447). Hence, when the appellant witness was offered immunity, she thereafter had no right to refuse to answer on the basis of her constitutional privilege, even though she might otherwise have been a prospective defendant *535
      *{Matter of Grand Jv/ry [Cioffi],*8 N Y 2d 220). Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.
### §423. Transferred

#### **Editorial Notes**

#### Codification

Section 423, comprising former section 603 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3123 of this title.
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk May 27, 2009

s0518 

# Order

May 27, 2009

137584

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 137584 COA: 283797 Kalamazoo CC: 02-001916-FC JEFFREY ALLEN RURKA, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the September 8, 2008 order of the Court of Appeals is considered , and it is DENIED, because the defendant has
failed to meet the burden of establishi ng entitlement to relief under MCR 6.508(D).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Form 10-KSB for the Year ended December 31, 1996 and is qualified in
its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          37,298
<SECURITIES>                                         0
<RECEIVABLES>                                   85,358
<ALLOWANCES>                                     5,000
<INVENTORY>                                     12,856
<CURRENT-ASSETS>                               141,406
<PP&E>                                          61,543
<DEPRECIATION>                                 218,285
<TOTAL-ASSETS>                                 641,476
<CURRENT-LIABILITIES>                          123,561
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       509,250
<OTHER-SE>                                     (8,665)
<TOTAL-LIABILITY-AND-EQUITY>                   517,915
<SALES>                                        854,791
<TOTAL-REVENUES>                               854,791
<CGS>                                           75,974
<TOTAL-COSTS>                                  838,880
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,978
<INCOME-PRETAX>                                 15,911
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             15,911
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    15,911
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00


</TABLE>
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9575 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9575

To amend title 38, United States Code, to eliminate the fees payable on 
 home loans made or guaranteed by the Department of Veterans Affairs, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2024

 Mr. Ogles (for himself, Mrs. Luna, and Mr. Weber of Texas) introduced 
  the following bill; which was referred to the Committee on Ways and 
  Means, and in addition to the Committee on Veterans' Affairs, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To amend title 38, United States Code, to eliminate the fees payable on 
 home loans made or guaranteed by the Department of Veterans Affairs, 
                        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. SHORT TITLE.

    This Act may be cited as the ``Affordable Housing for Veterans 
Act''.

SEC. 2. ELIMINATION OF DEPARTMENT OF VETERANS AFFAIRS HOME LOAN FEES.

    The table in section 3729(b)(2) of title 38, United States Code, is 
amended by striking ``November 15, 2031'' each place it appears and 
inserting ``October 1, 2024''.

SEC. 3. RESCISSION OF CERTAIN BALANCES MADE AVAILABLE FOR THE INTERNAL 
              REVENUE SERVICE.

    Of the unobligated balances of amounts appropriated or otherwise 
made available for activities of the Internal Revenue Service by 
paragraphs (1)(A)(iii), (1)(B), (2), (3), (4), and (5) of section 10301 
of Public Law 117-169 (commonly known as the ``Inflation Reduction Act 
of 2022'') as of the date of the enactment of this Act, $4,800,000,000 
are hereby rescinded.
                                 <all>
```
§ 745.11 Application and agreement. ( a ) The Governor of any State may request that the Secretary enter into a cooperative agreement with the State, provided the State has an approved State regulatory program or has submitted a regulatory program for approval under part 731 of this chapter, and has or may have within the State surface coal mining and reclamation operations on Federal lands.
( b ) A request for a cooperative agreement shall be submitted in writing and, except to the extent previously submitted in the State program, shall include the following information: ( 1 ) Information sufficient for OSM to make findings in accordance with paragraph (f) of this section;
( 2 ) A proposed agreement consistent with the requirements of this part; and
( 3 ) A certification by the Attorney General or the chief legal officer of the State regulatory authority that no State statutory, regulatory or legal constraint exists which would preclude the State regulatory authority from fully carrying out the proposed cooperative agreement.
( c ) OSM shall publish a notice of the request and the full text of the terms of the proposed cooperative agreement as submitted or as subsequently modified by OSM and the State in the Federal Register as a proposed rule. A notice of the request and a summary of the terms of the proposed agreement shall also be published in a newspaper(s) of general circulation throughout the State. Both notices shall include: ( 1 ) The location at which a copy of the request submitted by the State may be obtained; and
( 2 ) A date, not less than 30 days after publication of the notices, before which members of the public may submit written comments on the request and the person to whom comments should be addressed.
( d ) A public hearing shall be held within the comment period in a suitable location in the State requesting the cooperative agreement. This hearing may be combined with public hearings required under part 732 of this chapter for the Secretary's consideration of approval of a State program submission, if appropriate. The date, time and place of the public hearing(s) on the request will be published in the Federal Register not less than 15 days prior to the date of the hearing.
( e ) Before the expiration of the comment period, OSM shall consult with the Bureau of Land Management, Fish and Wildlife Service, and Federal land management agencies, as appropriate, with respect to the proposed cooperative agreement.
( f ) OSM shall recommend to the Secretary that a cooperative agreement be entered into with a State, if OSM finds that: ( 1 ) The State has an approved State regulatory program;
( 2 ) The State regulatory authority has sufficient budget, equipment and personnel to enforce fully its regulatory program on lands subject to this part in the State; and
( 3 ) The State has the legal authority to enter into the cooperative agreement.
( g ) The Secretary shall publish in the Federal Register his or her decision with respect to a request by a State to enter into a cooperative agreement and the reasons therefor and the full text of the cooperative agreement.
<PAGE>

                                                                   EXHIBIT 10.27

                         THE GREENBRIER COMPANIES, INC.

                James-Furman Supplemental 1994 Stock Option Plan

                                 Amendment No. 1

      Pursuant to Article VIII of the James-Furman Supplemental 1994 Stock
Option Plan (the "Supplemental Plan"), the Stockholders hereby amend the
Supplemental Plan as follows:

            1.    Article III of the Supplemental Plan is amended to read as
       follows:

            "The Supplemental Plan shall be effective as of July 8, 1994, the
            date of its adoption by Stockholders. No Options shall be granted
            under the Supplemental Plan after July 31, 1994. The preceding
            sentence shall not be construed to prevent the Stockholders from
            extending the term of Options that were granted prior to that date
            and which remain outstanding under the Supplemental Plan, regardless
            of whether the extension of such Options may be deemed a
            cancellation of outstanding Options and grant of new Options under
            applicable securities laws. The Supplemental Plan shall remain in
            effect until all Options have been satisfied or expired.

            2.    Article VI.A. of the Supplemental Plan is amended to read
      as follows:

            "A.   Option Period.  The term of each Option shall automatically
            expire on July 13, 2007 at which date the Options shall be of no
            further force or effect."

       The Greenbrier Companies, Inc. (the "Company") has caused this
Amendment No. 1 to be executed by an authorized officer of the Company solely
for the purpose of evidencing the Company's continuing consent to the
provisions of the Supplemental Plan, including the Company's undertaking to
process transfers in accordance with the provisions of the Supplemental
Plan.  Except as modified by this Amendment No. 1 the Supplemental Plan shall
remain in full force and effect.

Date: May 20, 2002

THE GREENBRIER COMPANIES, INC.


By: ___________________________________   ______________________________________
             Vice President               ALAN JAMES


                                          ______________________________________
                                          WILLIAM A. FURMAN
# **Exhibit 12**

 

**CREDITSUISSE FIRST BOSTON (USA), INC.**

**STATEMENT RECOMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES**

**(Unaudited)**

 

**(In thousands,except for ratio)**

 
|                                                           |   | **For the Years Ended** |      | **Nine Months Ended September 30,** |   |
|----------------------------------------------------------------|--------|-------------------------|-----------|-------------------------------------|--------|
|                                                           |   | **1996**                |      | **1997**                            |   | **1998** |   | **1999** |   | **2000** |   | **2001** |   |
| Earnings:                                                      |   |                    |      |                                |   |   |   |   |   |   |   |   |   |
| Income (loss)  before provision for income taxes               |   | $                       | 473,800   |                                | $      | 661,100 |   | $ | 600,500 |   | $ | 953,500 |   | $ | (1,522,164 | ) | $ | (48,524 | ) |
| Add: Fixed  Charges                                            |   |                    |      |                                |   |   |   |   |   |   |   |   |   |
| Interest expense  (gross)                                 |   | 2,865,800               |      | 4,012,209                           |   | 4,501,242 |   | 4,839,810 |   | 8,161,465 |   | 8,746,027 |   |
| Interest  factor in rents                                      |   | 25,515                  |      | 29,351                              |   | 38,517 |   | 52,563 |   | 76,191 |   | 77,820 |   |
| Total fixed  charges                                           |   | 2,891,315               |      | 4,041,560                           |   | 4,539,759 |   | 4,892,373 |   | 8,237,656 |   | 8,823,847 |   |
| Earnings  before fixed charges, and provision for income taxes |   | $                       | 3,365,115 |                                | $      | 4,702,660 |   | $ | 5,140,259 |   | $ | 5,845,873 |   | $ | 6,715,492 |   | $ | 8,775,323 |   |
| Ratio of  earnings to fixed charges                            |   | 1.16                    |      | 1.16                                |   | 1.13 |   | 1.19 |   | 0.82 | (1) | 0.99 | (2) |

 

----

(1)           The dollar amount of the deficiencyin the ratio of earnings to fixed charges was $1,522,164 for the year endedDecember 31, 2000.

 

(2)           The dollar amount of the deficiencyin the ratio of earnings to fixed charges was $48,524 for the nine months endedSeptember 30, 2001.
<PAGE>


                                                                    EXHIBIT 32.2
                                                                    ------------


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report on Form 10-Q of Panavision Inc. (the
"Company") for the period ended June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Bobby G. Jenkins,
Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my 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.




  /S/ BOBBY G. JENKINS
-------------------------
Bobby G. Jenkins
Chief Financial Officer
August 14, 2003