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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 02-40273 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ALLISON NOEL BOWEN, also known as Allison Noel Jenkins, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-01-CR-488-ALL

-------------------- December 12, 2002 Before JOLLY, JONES, and CLEMENT, Circuit Judges. PER CURIAM: * Allison Noel Bowen appeals the 46-month sentence imposed following his guilty plea to a charge of illegal re-entry after having been deported following an aggravated felony conviction in violation of 8 U.S.C. § 1326. Bowen argues that the sentencing provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). He concedes that this argument is foreclosed byNo. 02-40273 -2- Almendarez-Torres v. United States , 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme Court review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000), cert. denied , 531 U.S. 1202 (2001). This court must follow the precedent set in Almendarez-Torres "unless and until the Supreme Court itself determines to overrule it." Dabeit , 231 F.3d at 984 (internal quotation and citation omitted). AFFIRMED.
#### The People of the State of New York, Respondent, v. Salvatore Bravo, Appellant.

In a *eoram nobis*proceeding, defendant appeals from an order of the County Court, Nassau County, dated October 9, 1963, which denied without a hearing his application to vacate a judgment of said court, rendered April 6, 1960 after a jury trial, convicting him of robbery in the first degree, assault in the second degree and petit larceny, and imposing sentence. The judgment of conviction was previously affirmed by this court (13 A D 2d 521, mot. for lv. to app. den. May 10, 1961 [Fuld, J.]). Order affirmed. On the sentencing, at which defendant was represented by counsel, the court expressly referred to the portions of the probation report which are to the effect that defendant had not been supporting his wife and two children in the South or his family here and had been caught with a gun several times. Neither defendant nor his attorney denied these assertions. Defendant may not now complain that they were untrue. Beldock, P. J., Kleinfeld, Christ, Brennan and Hill, JJ., concur.
#### Paul G. Lustro et al. *v.*Newington Planning and Zoning Commission et al.

*I. Milton Widem,*for the appellees (plaintiffs).

*Wesley W. Horton,*for the appellants (defendants Ringquist et al.).

Argued February 4

decided February 4, 1975

The plaintiffs’ motion to dismiss the appeal of the defendants Florence E. Ringquist and F. P. Carabillo Construction Company from the Court of Common Pleas in Hartford County is denied.
### §197a. Production contracts

#### (a) Right of contract producers to cancel production contracts

#### (1) In general

A poultry grower or swine production contract grower may cancel a poultry growing arrangement or swine production contract by mailing a cancellation notice to the live poultry dealer or swine contractor not later than the later of—

(A) the date that is 3 business days after the date on which the poultry growing arrangement or swine production contract is executed; or

(B) any cancellation date specified in the poultry growing arrangement or swine production contract.

#### (2) Disclosure

A poultry growing arrangement or swine production contract shall clearly disclose—

(A) the right of the poultry grower or swine production contract grower to cancel the poultry growing arrangement or swine production contract;

(B) the method by which the poultry grower or swine production contract grower may cancel the poultry growing arrangement or swine production contract; and

(C) the deadline for canceling the poultry growing arrangement or swine production contract.

#### (b) Required disclosure of additional capital investments in production contracts

#### (1) In general

A poultry growing arrangement or swine production contract shall contain on the first page a statement identified as "Additional Capital Investments Disclosure Statement", which shall conspicuously state that additional large capital investments may be required of the poultry grower or swine production contract grower during the term of the poultry growing arrangement or swine production contract.

#### (2) Application

Paragraph (1) shall apply to any poultry growing arrangement or swine production contract entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this section.

(Aug. 15, 1921, ch. 64, title II, §208, as added Pub. L. 110–234, title XI, §11005, May 22, 2008, 122 Stat. 1356, and Pub. L. 110–246, §4(a), title XI, §11005, June 18, 2008, 122 Stat. 1664, 2118.)

#### **Editorial Notes**

#### References in Text

The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.

Section 11005 of Pub. L. 110–246, which directed amendment of title II of the Packers and Stockyards Act, 1921, by adding sections 208 to 210 at the end, was executed by adding the sections at the end of this part, which is subtitle A of title II of the Act, to reflect the probable intent of Congress.

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

#### Effective Date

Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of this title.
<TABLE> <S> <C>

<ARTICLE> UT
<CIK> 0000032379
<NAME> ELIZABETHTOWN WATER CO
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      576,906
<OTHER-PROPERTY-AND-INVEST>                         80
<TOTAL-CURRENT-ASSETS>                          35,138
<TOTAL-DEFERRED-CHARGES>                        37,240
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 649,364
<COMMON>                                        15,741
<CAPITAL-SURPLUS-PAID-IN>                      125,573
<RETAINED-EARNINGS>                             53,873
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 195,187
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     12,000
<LONG-TERM-DEBT-NET>                           231,953
<SHORT-TERM-NOTES>                              11,000
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       30
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 199,197
<TOT-CAPITALIZATION-AND-LIAB>                  649,364
<GROSS-OPERATING-REVENUE>                       30,507
<INCOME-TAX-EXPENSE>                             2,413
<OTHER-OPERATING-EXPENSES>                      19,692
<TOTAL-OPERATING-EXPENSES>                      22,105
<OPERATING-INCOME-LOSS>                          8,402
<OTHER-INCOME-NET>                                  79
<INCOME-BEFORE-INTEREST-EXPEN>                   8,481
<TOTAL-INTEREST-EXPENSE>                         3,836
<NET-INCOME>                                     4,645
<PREFERRED-STOCK-DIVIDENDS>                        203
<EARNINGS-AVAILABLE-FOR-COMM>                    4,442
<COMMON-STOCK-DIVIDENDS>                         4,107
<TOTAL-INTEREST-ON-BONDS>                        3,624
<CASH-FLOW-OPERATIONS>                          17,514
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### Motor Car Securities Corporation, appellee, v. John Bagdonas, appellant.

Gen. No. 29,809.

Action for conversion of automobile. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. John Richardson, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.

Affirmed.

Opinion filed May 11, 1925.

Rehearing denied May 25, 1925.

Harold O. Mulks, for appellant.

Edward I. Rothbart, for appellee.

Mr. Justice Johnston

delivered the opinion of the court.
<PAGE>

                                                                   EXHIBIT 99(b)

                                 TXU GAS COMPANY

                       Certificate Pursuant to Section 906
                         of Sarbanes - Oxley Act of 2002

     The undersigned, Earl Nye, Chairman of the Board and Chief Executive of TXU
Gas Company (the "Company"), DOES HEREBY CERTIFY that:

     1.   The Company's Quarterly Report on Form 10-Q for the quarter ended June
          30, 2002 (the "Report") fully complies with the requirements of
          section 13(a) or 15(d) of the Securities Exchange Act of 1934, as
          amended; and

     2.   Information contained in the Report fairly presents, in all material
          respects, the financial condition and results of operation of the
          Company.

     IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed this 14th day of August, 2002.

                                                        /s/ Erle Nye
                                                --------------------------------
                                                Name:  Erle Nye
                                                Title: Chairman of the Board and
                                                       Chief Executive
#### In the Matter of the Claim of Joan Lesperance, Respondent, v. American Bakeries Company, Appellant. Workmen’s Compensation Board, Respondent.

A self-insured employer engaged in the baking of bread for sale to supermarkets appeals from a decision and award of the Workmen’s Compensation Board. On February 27, 1960 claimant, a demonstrator of its product, sustained a back injury while lifting a carton of bread. Compensation was awarded and paid for total disability to April 8, 1960 and thereafter for partial disability until March 24, 1961. Based on a report of its examining physician dated February 28, 1961 stating that the disability had ceased and that claimant was able to perform her regular work the employer notified the board that it had stopped the payments of compensation. Thereafter the ease was restored to a Referee’s Calendar and a hearing held whereat medical testimony on the issue of causal relationship was adduced from an examining physician of the employer, the treating physician and a board physician. The record presents only a conflict of medical opinion and substantial evidence supports the finding of the board that claimant continued to have a partial disability subsequent to March 24, 1961 causally related to her accidential injury of February 27, 1960. Decision affirmed, with costs. Gibson, J. P., Herlihy, Reynolds and Taylor, JJ., concur.
##### 



Exhibit 12
 Sybase, Inc.
Computation of Ratio of Earnings to Fixed Charges
(Dollars in thousands, except for ratios)
(For the years ended December 31,)
 2006
    
    
    2005
    
    
    2004
    
    
    2003
    
    
    2002Earnings:Income before income taxes
and cumulative effect of an
accounting change
    
    $
    161,317
    
    
    $
    136,714
    
    
    $
    100,966
    
    
    $
    118,095
    
    
    $
    71,209Add: Fixed charges
    
    
    21,699
    
    
    
    20,233
    
    
    
    11,988
    
    
    
    13,204
    
    
    
    14,556Total Earnings, as defined
    
    
    183,016
    
    
    
    156,947
    
    
    
    112,954
    
    
    
    131,299
    
    
    
    85,765Fixed ChargesInterest Expense
    
    
    9,516
    
    
    
    8,116
    
    
    
    308
    
    
    
    62
    
    
    
    198Amortization of debt expense
    
    
    1,969
    
    
    
    1,671
    
    
    
    
    
    
    
    
    
    
    
    Estimated interest portion
on rental expense
    
    
    10,214
    
    
    
    10,446
    
    
    
    11,680
    
    
    
    13,142
    
    
    
    14,358Total Fixed Charges
    
    
    21,699
    
    
    
    20,233
    
    
    
    11,988
    
    
    
    13,204
    
    
    
    14,556Ratio of earnings to fixed charges
    
    
    8.4
    
    
    
    7.8
    
    
    
    9.4
    
    
    
    9.9
    
    
    
    5.9
§ 635.8 General. ( a ) The policy of HQDA is to conduct activities in an open manner and provide the public accurate and timely information. Accordingly, law enforcement information will be released to the degree permitted by law and Army regulations.
( b ) Any release of military police records or information compiled for law enforcement purposes, whether to persons within or outside the Army, must be in accordance with the FOIA and the Privacy Act.
( c ) Requests by individuals for access to military police records about themselves will be processed in compliance with FOIA and the Privacy Act.
( d ) Military police records in the temporary possession of another organization remain the property of the originating law enforcement agency. The following procedures apply to any organization authorized temporary use of military police records: ( 1 ) Any request from an individual seeking access to military police records will be immediately referred to the originating law enforcement agency for processing. The temporary custodian of military police records does not have the authority to release those records.
( 2 ) When the temporary purpose of the using organization has been satisfied, the military police records will be returned to the originating law enforcement agency or the copies will be destroyed.
( 3 ) A using organization may maintain information from military police records in their system of records, if approval is obtained from the originating law enforcement agency. This information may include reference to a military police record (for example, Law Enforcement Report number or date of offense), a summary of information contained in the record, or the entire military police record. When a user includes a military police record in its system of records, the originating law enforcement agency will delete portions from that record to protect special investigative techniques, maintain confidentiality, preclude compromise of an investigation, and protect other law enforcement interests.
[80 FR 28549, May 19, 2015, as amended at 81 FR 17386, Mar. 29, 2016]
Anthony J. Pucciarella

ALARIS

PO Box 1835 Lusby, MD 20657

240.538.8444 Tony@TeamAlaris.com

2 2 November 2015

United States Department of Transportation
Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12

- 140 Washington, DC 20590

Re: Links to DJI Manuals for 333 Petition Docket No. FAA

- 2015

- 454 9

Dear Sir or Madam:

Please accept this letter as documentation to support Docket FAA

- 2015

- 454 9

. Some of the manuals for the systems requested are too large to upload to the Docket on Regulations.gov. Specifically, an error occurred during upload stating that the maximum file size for upload was
10MB. The files below exceed that limitation. While all the manua ls listed below have been submitted on previous ly approved petitions, internet links are included below in the event they
are needed.

DJI Inspire 1 User Manual

- http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.4_en.pdf

D JI Inspire 1 Quick Start Guide
http://download.dji

- innovations.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_v1.4_en.pdf

DJI Phantom 3 Professional User Manual

– http://download.dji

- innovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.4_en_0915.pdf

DJI Phantom 3 Professional Quick Start Guide

- http://download.dji

- innovations.com/downloads/phantom_3 /en/Phantom_3_Professional_Quick_Start_Guide_en_v1.2.pdf

Please contact me at your earliest convenience if there are any questions.

Sincerely,

Anthony J. Pucciarella

ALARIS
[Federal Register Volume 86, Number 5 (Friday, January 8, 2021)]
[Notices]
[Pages 1557-1558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00253]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Sunshine Act Meetings

TIME AND DATE: 2:00 p.m. on Wednesday, January 13, 2021.

PLACE: The meeting will be held via remote means and/or at the 
Commission's headquarters, 100 F Street NE, Washington, DC 20549.

STATUS: This meeting will be closed to the public.

MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners, 
the Secretary to the Commission, and recording secretaries will attend 
the closed meeting. Certain staff members who have an interest in the 
matters also may be present.
    In the event that the time, date, or location of this meeting 
changes, an announcement of the change, along with the new time, date, 
and/or place of the meeting will be posted on the Commission's website 
at https://www.sec.gov.
    The General Counsel of the Commission, or his designee, has 
certified that, in his opinion, one or more of the exemptions set forth 
in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 
200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), 
permit consideration of the scheduled matters at the closed meeting.
    The subject matter of the closed meeting will consist of the 
following topics:
    Institution and settlement of injunctive actions;
    Institution and settlement of administrative proceedings;
    Resolution of litigation claims; and
    Other matters relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in 
the scheduling of meeting agenda items that may consist of 
adjudicatory, examination, litigation, or regulatory matters.

CONTACT PERSON FOR MORE INFORMATION: For further information; please 
contact Vanessa A. Countryman from the Office of the Secretary at (202) 
551-5400.


[[Page 1558]]


     Dated: January 6, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021-00253 Filed 1-6-21; 11:15 am]
BILLING CODE 8011-01-P
#### The People of the State of New York, Respondent, v Alex Ramirez, Appellant.

[831 NYS2d 907]

Application by the *673appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated November 27, 1995 *(People v Ramirez,*221 AD2d 665 [1995], *mod*89 NY2d 444 [1996]), affirming a judgment of the Supreme Court, Queens County, rendered August 16, 1994.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see *Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Miller, J.P., Crane, Mastro and Santucci, JJ., concur.
#### § 935.131 Right-hand side of the road.

Each person driving a motor vehicle on Wake Island shall drive on the right-hand side of the road, except where necessary to pass or on streets where a sign declaring one-way traffic is posted.
### §6916. Improvement of information sharing

Whenever the Secretary procures or uses computer systems, as may be provided for in advance in appropriations Acts, the Secretary shall do so in a manner that enhances efficiency, productivity, and client services and is consistent with the goal of promoting computer information sharing among agencies of the Department.

(Pub. L. 103–354, title II, §216, Oct. 13, 1994, 108 Stat. 3212.)
#### 1239.7104 Contract clause.

The contracting officer shall insert the clause at 1252.239-75, DOT Protection of Information About Individuals, PII and Privacy Risk Management Requirements, in solicitations and contracts involving contractor performance of data protection functions and for contracts involving the design, development, or operation of an information system with access to personally identifiable information as described in DOT Order 1351.18, Privacy Risk Management, and DOT Order 1351.37, Departmental Cyber Security Policy.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> UT
       
<S>                                        <C>
<PERIOD-TYPE>                                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      566,965
<OTHER-PROPERTY-AND-INVEST>                     19,796
<TOTAL-CURRENT-ASSETS>                          38,705
<TOTAL-DEFERRED-CHARGES>                        48,211
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                                 673,677
<COMMON>                                       150,435
<CAPITAL-SURPLUS-PAID-IN>                      (3,845)
<RETAINED-EARNINGS>                             45,710
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 192,300
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     12,000
<LONG-TERM-DEBT-NET>                           243,299
<SHORT-TERM-NOTES>                              28,000
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                       30
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 198,048
<TOT-CAPITALIZATION-AND-LIAB>                  673,677
<GROSS-OPERATING-REVENUE>                       38,643
<INCOME-TAX-EXPENSE>                             4,034
<OTHER-OPERATING-EXPENSES>                      22,833
<TOTAL-OPERATING-EXPENSES>                      26,867
<OPERATING-INCOME-LOSS>                         11,776
<OTHER-INCOME-NET>                                  81
<INCOME-BEFORE-INTEREST-EXPEN>                  11,857
<TOTAL-INTEREST-EXPENSE>                         4,200
<NET-INCOME>                                     7,657
<PREFERRED-STOCK-DIVIDENDS>                        203
<EARNINGS-AVAILABLE-FOR-COMM>                    7,454
<COMMON-STOCK-DIVIDENDS>                         4,049
<TOTAL-INTEREST-ON-BONDS>                        3,861
<CASH-FLOW-OPERATIONS>                          16,905
<EPS-PRIMARY>                                      .93
<EPS-DILUTED>                                      .92<F1>
<FN>
<F1>All amounts in thousands of dollars except per share amounts.
</FN>
        

</TABLE>
#### Wolf Stahl, Individually and as a Stockholder of Stahl Soap Corporation, on Behalf of Himself and in the Right of Stahl Soap Corporation, Respondent, v. Ilbert Stahl et al., Appellants.

Motion by respondent to adjourn argument of the appeal and to extend time to serve and file his brief, granted. The appeal is ordered on the calendar for the January Term, beginning January 3, 1961. Respondent’s brief is directed to be served and filed on or before December 20, 1960. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, J J. concur.