alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2710
BARRY K. MCCLAMROCK, Plaintiff - Appellant, and CARLTON M. DEVORE, Plaintiff, versus CONCORD, NORTH CAROLINA CITY, a North Carolina Municipal Corporation; WILLIAM MORRISON, Defendants - Appellees.Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Russell A. Eliason, Magistrate Judge. (CA-95-223-4) Submitted: April 20, 1999 Decided: June 7, 1999Before NIEMEYER and LUTTIG, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed in part and affirmed in part by unpublished per curiam opinion.2 Barry K. McClamrock, Appellant Pro Se. Anne E. Essaye, KILPATRICK STOCKTON, L.L.P, Charlotte, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* The parties consented to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c) (1994). 3 PER CURIAM: Barry McClamrock appeals the magistrate judge’s orders* denying him an extension of time to appeal and denying reconsideration. The magistrate judge denied an extension of time by order dated September 1, 1998. McClamrock had thirty days to appeal from this order under Federal Rule of Appellate Procedure 4(a)(1). This time period is mandatory and jurisdictional. See Browder v. Director, Dep’t of Corrections , 434 U.S. 257, 264 (1978). McClamrock filed his notice of appeal on October 20, 1998. Because he failed to timely appeal, or obtain an extension of theappeal period under Fed. R. App. P. 4(a)(5) or (6), we lack jurisdiction to consider his appeal to the extent he seeks review of the magistrate judge’s September order. While McClamrock’s appeal is timely as to the magistrate judge’s order denying reconsideration, we find that the magistrate judge did not abuse his discretion by denying the motion. See NOW v. Operation Rescue , 47 F.3d 667, 669 (4th Cir. 1995) (discussing standard for reviewing motions filedunder Federal Rule of Civil Procedure 60(b)). Accordingly, we affirm the magistrate judge’s order denying reconsideration. We dispense with oral argument because the facts and legal contentions4 are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED IN PART; AFFIRMED IN PART
§ 151.4 Policy. ( a ) The Department of Defense will, for dependents of DoD personnel when those dependents are in a foreign country accompanying DoD personnel who are assigned duty to that foreign country: ( 1 ) Maximize the exercise of U.S. jurisdiction to the extent permissible under applicable status of forces agreements or other forms of jurisdiction arrangements.
( 2 ) Protect, to the maximum extent possible, the rights of dependents of DoD personnel who may be subject to criminal trial by foreign courts and imprisonment in foreign prisons.
( 3 ) Secure, where possible, the release of an accused to the custody of U.S. authorities pending completion of all foreign judicial proceedings.
( b ) [Reserved]
§ 245.17 U.S. civil and military air traffic control facilities. U.S. civil and military air traffic control facilities will: ( a ) Maintain current information on the status of restrictions imposed on air traffic.
( b ) Process flight plans in accordance with current instructions received from the ARTCC. All flights must comply with the airspace control measures in effect, the EATPL, or must have been granted a Security Control Authorization.
( c ) Disseminate instructions and restrictions to air traffic as directed by the ARTCCs.
#### Morris Weiss, Respondent, v. Harry Zucker, Appellant.

In an action to recover money due on a series of promissory notes, defendant appeals from an order of the Supreme Court, Kings County, dated October 19, 1960, denying his motion to stay further proceedings in the action pending arbitration. Order affirmed, with $10 costs and disbursements. No opinion. Defendant’s time to answer the complaint is extended until 20 days after entry of the order hereon. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
### §835. Nonapplicability of administrative procedure provisions

Subchapter II of chapter 5, and chapter 7, of title 5, shall not apply to the use or exercise of any authority granted by this subchapter.

(Sept. 23, 1950, ch. 1024, title III, §305, as added Pub. L. 88–290, Mar. 26, 1964, 78 Stat. 170.)

#### **Editorial Notes**

#### Codification

"Subchapter II of chapter 5, and chapter 7, of title 5" substituted in text for "the Administrative Procedure Act, as amended" on authority of Pub. L. 89–554, §7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
#### § 2700.3 Applicability.

This Regulation supplements E.O. 12065 within OMSN with regard to National Security Information. In consonance with the authorities listed in § 2700.1, it establishes general policies and certain procedures for the classification, declassification and safeguarding of information which is owned by, is produced for or by, or is under the control of OMSN.
### Rock units of the Precambrian basement in Colorado

By: Ogden Tweto

                            https://doi.org/10.3133/pp1321A

#### Links

- More information:  **National Geologic Map Database Index Page**                            (html)
-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
§ 552.212 Scope. ( a ) The provisions of this subpart apply to all elements of U.S. Army Garrison, Aberdeen Proving Ground (USAGAPG), and the supported organizations and activities on the Aberdeen and Edgewood Areas of Aberdeen Proving Ground.
( b ) The provisions of this subpart cover all public displays of opinions made by protesting, picketing, or any other similar demonstration.
( c ) The provisions of this subpart are applicable to all people, military and civilian employees, and all visitors, family members, or others, entering, upon or present at Aberdeen Proving Ground.
### §1033. Sale of reserved mineral interests

Notwithstanding any other provisions of law, the Secretary of Agriculture (referred to in sections 1033 to 1035 and 1037 to 1039 of this title as the "Secretary") is authorized and directed to sell, as provided in said sections, all mineral interests now owned by the United States, which have been reserved or acquired by it under any program heretofore administered by the Resettlement Administration, or the Farm Security Administration, or now administered by the Farmers Home Administration, except the program administered pursuant to sections 1010 to 1012 of this title and the program for the liquidation of labor camps pursuant to Public Law 298, Eightieth Congress.

(Sept. 6, 1950, ch. 897, §1, 64 Stat. 769.)

#### **Editorial Notes**

#### References in Text

Public Law 298, Eightieth Congress, referred to in text, means act July 31, 1947, ch. 413, 61 Stat. 694, which was set out as a note under section 1017 of this title and was repealed by act Apr. 20, 1950, ch. 94, title II, §205(a), 64 Stat. 73.

#### Codification

Section was not enacted as part of the Bankhead-Jones Farm Tenant Act which constitutes a major part of this chapter.

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

#### Authorization of Appropriations

Act Sept. 6, 1950, ch. 897, §8, 64 Stat. 770, provided that: "There is authorized to be appropriated to the Secretary such sums as Congress may from time to time determine to be necessary to enable the Secretary to carry out the provisions of this Act [enacting this section and sections 1034 to 1039 of this title]."
**EXHIBIT 12.1**

**RATIO OF EARNINGS TO FIXED CHARGES**

The following table sets forth our consolidated ratio of earnings to fixed charges for the periods indicated: 

|                                | **Three Months****Ended****March 31,** | **Years Ended December 31,** |
|-------------------------------------|----------------------------------------|------------------------------|
|                                | **2006**                               | **2005**                     | **2005** | **2004** | **2003** | **2002** | **2001** |
| Ratio of Earnings to Fixed Charges: |                                   |                         |   |   |   |   |   |
| Including Interest on Deposits      | 2.96                                   | 2.65                         | 2.37 | 2.31 | 2.13 | 1.98 | 1.87 |
| Excluding Interest on Deposits      | 5.87                                   | 4.68                         | 4.20 | 3.99 | 3.59 | 3.19 | 2.89 |
|                                |                                   |                         |   |   |   |   |   |

The ratio of earnings to fixed charges is computed by dividing income before income taxes and fixed charges less interest capitalized during such period, net of amortization of previously capitalized interest, by fixed charges. Fixed charges consist of interest, expensed or capitalized, on borrowings (including or excluding deposits, as applicable), and the portion of rental expense which is deemed representative. As of the date of this prospectus, we have no preferred stock outstanding and accordingly, the ratio of earnings to fixed charges and preferred stock dividends is equal to the ratio of earnings to fixed charges and is not disclosed separately.
### §404a. Transferred

#### **Editorial Notes**

#### Codification

Section 404a, comprising section 108 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3043 of this title.
#### § 1806.4 Notification to NACIC Counsel.

A NACIC employee who receives or has reason to expect to receive service of process in an individual, official, or combined individual and official capacity, in a matter that may involve or the furnishing of documents and that could reasonably be expected to involve NACIC interests, shall promptly notify the NACIC Counsel. Such notification should be given prior to providing the requestor, personal counsel or any other representative, any NACIC information and prior to the acceptance of service of process.
#### Joseph Romano, Respondent, v. Joseph La Ponte, Appellant.

In an action to recover damages for personal injuries, defendant appeals from an order of the Supreme Court, Kings County, dated December 13, 1961, which denied his motion to dismiss the complaint for lack of prosecution. Order affirmed, without costs *(Davis*v. *Lyndel Corp.,*16 A D 2d 798, 802; *Noviello*v. *Coral Drinks,*15 A D 2d 536). Kleinfeld, Acting P. J., Brennan, Hill, Rabin and Hopkins, JJ., concur.
**Section B, Item 2a -**  **Polymer Weight Information -**  **GPC**
[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Page 1497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00092]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals To Engage in or To Acquire Companies Engaged 
in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company, including the 
companies listed below, that engages either directly or through a 
subsidiary or other company, in a nonbanking activity that is listed in 
Sec.  225.28 of Regulation Y (12 CFR 225.28) or that the Board has 
determined by Order to be closely related to banking and permissible 
for bank holding companies. Unless otherwise noted, these activities 
will be conducted throughout the United States.
    The public portions of the applications listed below, as well as 
other related filings required by the Board, if any, are available for 
immediate inspection at the Federal Reserve Bank(s) indicated below and 
at the offices of the Board of Governors. This information may also be 
obtained on an expedited basis, upon request, by contacting the 
appropriate Federal Reserve Bank and from the Board's Freedom of 
Information Office at https://www.federalreserve.gov/foia/request.htm. 
Interested persons may express their views in writing on the question 
whether the proposal complies with the standards of section 4 of the 
BHC Act.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors, Ann E. Misback, Secretary of the Board, 20th Street and 
Constitution Avenue,NW, Washington, DC 20551-0001, not later than 
February 8, 2021.
    A. Federal Reserve Bank of Atlanta (Kathryn Haney, Assistant Vice 
President) 1000 Peachtree Street, NE, Atlanta, Georgia 30309. Comments 
can also be sent electronically to <a href="/cdn-cgi/l/email-protection#64251414080d0705100d0b0a174a270b0909010a1017240510084a0216064a0b1603"><span class="__cf_email__" data-cfemail="aeefdedec2c7cdcfdac7c1c0dd80edc1c3c3cbc0daddeecfdac280c8dccc80c1dcc9">[email protected]</span></a>:
    1. Commerce Bancshares, Inc., White Castle, Louisiana; to retain 
Assumption Mortgage, LLC, Paincourtville, Louisiana, and thereby 
indirectly engage in mortgage brokerage activities (extending credit 
and servicing loans), pursuant to section 225.28(b)(1) of Regulation Y.

    Board of Governors of the Federal Reserve System, January 4, 
2021.
Michele Taylor Fennell,
Deputy Associate Secretary of the Board.
[FR Doc. 2021-00092 Filed 1-7-21; 8:45 am]
BILLING CODE P


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No. 89-6698.

#### Dellenbach *v.*Letsinger et al.

C. A. 7th Cir. Certiorari denied.
### §7542. Actions covered

This subchapter applies to a removal from the civil service or suspension for more than 14 days, but does not apply to an action initiated under section 1215 of this title, to a suspension or removal under section 7532 of this title, or to a removal under section 3592 or 3595 of this title.

(Added Pub. L. 95–454, title IV, §411(2), Oct. 13, 1978, 92 Stat. 1174; amended Pub. L. 97–35, title XVII, §1704(d)(1), Aug. 13, 1981, 95 Stat. 758; Pub. L. 101–12, §9(a)(2), Apr. 10, 1989, 103 Stat. 35.)

#### **Editorial Notes**

#### Amendments

1989—Pub. L. 101–12 substituted "1215" for "1206".

1981—Pub. L. 97–35 inserted reference to section 3595 of this title.

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

#### Effective Date of 1989 Amendment

Amendment by Pub. L. 101–12 effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.

#### Effective Date of 1981 Amendment

Amendment by Pub. L. 97–35 effective June 1, 1981, with certain exceptions and conditions, see section 1704(e) of Pub. L. 97–35, set out as an Effective Date note under section 3595 of this title.

#### Effective Date

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title.
#### Gerald B. Ford, by His Guardian ad Litem, Robert E. Ford, Respondent, v. State of New York, Appellant.

(Claim No. 40196.)

—Appeal by the State of New York from an order of the Court of Claims denying its motion to dismiss the claim upon the ground that it fails to state facts sufficient to constitute a cause of action for false arrest and imprisonment. The claim alleges that the claimant sustained damages as the result of his arrest and detention by a member of the State Police pursuant to the command of a warrant issued by a Justice of the ,Peace. The State is sued on the theory that he executed a process which was void for the failure of the Magistrate to take the deposition of the informant as required by section 148 of the Code of Criminal Procedure. There is no allegation that it appeared on the face of the warrant that the deposition necessary to its proper issuance had not been taken; nor are other facts pleaded which would indicate that the process otherwise was not fair on its face. The absence of such allegations is fatal to the claim. *(Douglas*v. *State of Neto York,*269 App. Div. 521, aft'd. 296 N. Y. 530; *Nastasi*v. *State of New York,*275 App. Div. 524, affd. 300 N. Y. 473; *Warner*v. *State of New York,*297 N. Y. 395, 403; Restatement, Torts. § 124.) Since this record does not contain a copy of the warrant we cannot determine with assurance and finality that a sufficient claim could not be framed and claimant should be afforded an opportunity to amend. Order reversed, without costs, with leave to claimant to serve an amended claim within 20 days. Bergan, P. J., Coon, Gibson, Reynolds and Taylor, JJ., concur.
### §1303. Parity payments

If and when appropriations are made therefor, the Secretary is authorized and directed to make payments to producers of corn, wheat, cotton, or rice, on their normal production of such commodities in amounts which, together with the proceeds thereof, will provide a return to such producers which is as nearly equal to parity price as the funds so made available will permit. All funds available for such payments with respect to these commodities shall unless otherwise provided by law, be apportioned to these commodities in proportion to the amount by which each fails to reach the parity income. Such payments shall be in addition to and not in substitution for any other payments authorized by law.

(Feb. 16, 1938, ch. 30, title III, §303, 52 Stat. 45; Pub. L. 108–357, title VI, §611(g), Oct. 22, 2004, 118 Stat. 1522.)

#### **Editorial Notes**

#### Amendments

2004—Pub. L. 108–357 substituted "or rice," for "rice, or tobacco,".

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

#### Effective Date of 2004 Amendment

Amendment by Pub. L. 108–357 applicable to the 2005 and subsequent crops of tobacco, see section 643 of Pub. L. 108–357, set out as an Effective Date note under section 518 of this title.

#### Savings Provision

Amendment by sections 611 to 614 of Pub. L. 108–357 not to affect the liability of any person under any provision of law so amended with respect to the 2004 or an earlier crop of tobacco, see section 614 of Pub. L. 108–357, set out as a note under section 515 of this title.
### §5352. Stipends

The head of each agency, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum prescribed by the Office of Personnel Management.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 472; Pub. L. 90–623, §1(7), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95–454, title IX, §906(a)(2), Oct. 13, 1978, 92 Stat. 1224.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 1051 (1st sentence). | Aug. 4, 1947, ch. 452, §3 (1st sentence), 61 Stat. 727. |

Statutes at Large

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

1978—Pub. L. 95–454 substituted "Office of Personnel Management" for "Civil Service Commission".

1968—Pub. L. 90–623 inserted ", and the District of Columbia Council with respect to the government of the District of Columbia," after "head of each agency" and substituted "its" for "his".

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

#### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.

#### Effective Date of 1968 Amendment

Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.

#### Transfer of Functions

District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, §711, Dec. 24, 1973, 87 Stat. 818, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93–198.
# C_2013063EN.01001701.xml

| 2.3.2013 | EN | Official Journal of the European Union | C 63/17 |
| --- | --- | --- | --- |

2.3.2013

EN

Official Journal of the European Union

C 63/17

---

Judgment of the General Court of 22 January 2013 — Salzgitter AG v European Commission

(Case T-308/00 RENV) (1)

1

(State aid - Steel industry - Tax incentives for the development of the border zone between the former German Democratic Republic and the former Czechoslovak Socialist Republic - Non-notified aid - Decision declaring the aid incompatible with the common market - Recovery - Delay - Legal certainty - Calculation of the aid to be repaid - Aid falling within the scope of the ECSC Treaty - Investments for the protection of the environment - Discount rate)

2013/C 63/32

Language of the case: German

Parties

Parties

Applicant: Salzgitter AG (Salzgitter, Germany) (represented by: J. Sedemund and T. Lübbig, lawyers)

Applicant:

Defendant: European Commission (represented by: initially by V. Kreuschitz and M. Niejahr, and subsequently by V. Kreuschitz and T. Maxian Rusche, Agents)

Defendant:

Intervener in support of the applicant: Federal Republic of Germany (represented by: M. Lumma and A. Wiedmann, Agents, assisted by U. Karpenstein, lawyer)

Intervener in support of the applicant:

(represented by:

Re:

Re:

Application for annulment of Commission Decision 2000/797/ECSC of 28 June 2000 on State aid granted by the Federal Republic of Germany to Salzgitter AG, Preussag Stahl AG and the group’s steel-industry subsidiaries, now known as Salzgitter AG — Stahl und Technologie (SAG) (OJ 2000 L 323, p. 5).

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Salzgitter AG to bear its own costs and to pay those incurred by the European Commission, both before the General Court and before the Court of Justice; |
| --- | --- |

2.

Orders Salzgitter AG to bear its own costs and to pay those incurred by the European Commission, both before the General Court and before the Court of Justice;

| 3. | Orders the Federal Republic of Germany to bear its own costs both before the General Court and before the Court of Justice. |
| --- | --- |

3.

Orders the Federal Republic of Germany to bear its own costs both before the General Court and before the Court of Justice.

---

(1)  OJ C 335, 25.11.2000.

1

---