alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bobby R. JONES, Claimant-Appellant, v. R. James NICHOLSON, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2006-7307.

United States Court of Appeals, Federal Circuit.

June 5, 2007.

Mark R. Lippman, The Veterans Law Group, La Jolla, CA, for Claimant-Appellant.

Phyllis Jo Baunach, David M. Cohen, Franklin E. White, Department of Justice, David J. Barrans, Y. Ken Lee, Department of Veterans Affairs, Washington, DC, for Respondent-Appellee.

Before SCHALL, GAJARSA, and LINN, Circuit Judges.

LINN, Circuit Judge.

*ORDER*

Bobby R. Jones moves without opposition to vacate the final judgment of the United States Court of Appeals for Veterans Claims in *Jones v. Nicholson,*20 Vet.App. 97 (Vet.App.2006), and remand for reconsideration in light of our decision in *Barrett v. Nicholson,*466 F.3d 1038 (Fed.Cir.2006).

Jones filed an untimely appeal with the Court of Appeals for Veterans Claims. The court dismissed his appeal for lack of jurisdiction, stating that he failed to establish entitlement to equitable tolling of the 120-day period. The court rejected Jones’ argument that the Secretary had a duty to assist him in developing evidence relevant to the issue of equitable tolling.

In *Barrett,*this court held that when a veteran alleges facts to show entitlement to equitable tolling, and jurisdiction is called into question, the government must assist the court by providing and, where necessary, procuring further evidence helpful in deciding jurisdiction. *Barrett,*466 F.3d at 1044.

Because the Court of Appeals for Veterans Claims rejected the assistance endorsed by this court in *Barrett,*we vacate the court’s judgment and remand the case for reconsideration in light of *Barrett.*

Accordingly,

IT IS ORDERED THAT:

*608(1) The motion is granted.

(2) All sides shall bear their own costs.
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 97-60178 Conference Calendar

GARY MOAWAD, Plaintiff-Appellant,

versus FRED CHILDS; AARON JAGER; CARMEN GETTIS CASTILLA; MACKEY HOPKINS; HUBERT FOSTER; JIMMY FULCE; ROBERT HUGHES; MARVEN BROSS; AND EUGENE MAILEY, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 4:90-CV-172-S

- - - - - - - - - - December 9, 1997 Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM: * Gary Moawad, Mississippi # 31272, appeals from the district court’s denial of his motion for contempt. Moawad argues that the district court abused its discretion in denying his motion for contempt when the court failed to hold an evidentiary hearing. Given the absence of clear and convincing evidence that the defendants violated the agreed order, the district court didNo. 97-60178 -2- not abuse its discretion in denying the motion for contempt without holding a hearing. Travelhost, Inc. v. Blandford , 68 F.3d 958, 961 (5th Cir. 1995). Moawad’s motion for the appointment of counsel is DENIED.
AFFIRMED.
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
NO. 02 - 14 - 00159
- CR

JOSE ABELARDO ALBERT O APPELLANT
V.
THE STATE OF TEXAS STATE

---------- FROM CRIMINAL DISTRI CT COURT NO. 3 OF TA RRANT COUNTY TRIAL COURT NO. 1344 244D

---------- 

### MEMOR ANDUM OPINION 1

---------- Appellant Jose Abelardo Alberto pled guilty pursuant to a plea bargain to possessing at least one gram but less than four grams of a controlled
substance

— methamphetamine

— and the trial court followed the bargain, plac ing Appellant on four years’ deferred adjudication community supervision and impos ing a $400 fine that was not suspended, restitution, court costs, and other

1 See Tex. R. App. P. 47.4.2 conditions. Appellant also signed a judicial confession, waived all pretrial motions, and waived all rights of appeal.
T he trial court’s certification states that this is a plea

- bargained case and that Appellant has no right of appeal. W e therefore informed Appellant by letter
that his case was subject to dismissal unless he or any party desiring to continue
the a ppeal showed grounds for continuing it

. 2 We have received no response. Accordingly, we dismiss this appeal. 3

PER CURIAM PANEL: DAUPHINOT, GARDNER, and WALKER, JJ.
DO NOT PUBLISH Tex. R. App. P. 47.2(b)
DELIVERED: August 7, 2014

2 See Tex. R. App. P. 25.2(a)(2), 25.2(d).

3 See Tex. R. App. P. 25.2(d), 43.2(f)

.
**Exhibit 4.7 Summary of Employment Arrangements between Schering AG and Mr. Lutz Lingnau**

 

**Summary of Employment Arrangements**

**between Schering Aktiengesellschaft**

**and Lutz Lingnau**

This English-language summary of the material terms of the employment arrangements between Schering Aktiengesellschaft (the "Company") and Lutz Lingnau, Member of the Executive Board of the Company, is based on the terms of certain German language letter agreements between the Company and Mr. Lingnau.

Term: Mr. Lingnau was elected as Member of the Executive Board of the Company as of January 1, 2001. His current term has expired on December 31, 2005. The term of the employment arrangements described herein is concurrent with Mr. Lingnau’s term.

Compensation: The aggregate remuneration of Mr. Lingnau for 2005 is comprised of the following three elements:

 

| Fixed Compensation:    | EUR | 540.000,00   |                                                                                                       |
|------------------------|-----|--------------|------------------------------------------------------------------------------------------------------------|
| Variable Compensation: | EUR | 1.624.400,00 | (determined by reference to earnings per share (EPS) exceeding the threshold value of EUR 0,636 per share) |

 

Stock-Based Compensation: 

Stock options granted: € 50.450,00

Retirement: The Company will make a monthly pension contribution equal to 3 times the monthly base salary of technical employees in group E13 applicable at the Company’s site in Bergkamen, Germany.

 

||
||
Exhibit
10.10  [BUSINESS BANK LOGO]  DATE:August
12, 2002 TO:Ed Fix FROM:Charles
Hall RE:Severance
Agreement in the event of a Change of Control  SEVERANCE
AGREEMENT IN THE EVENT OF A CHANGE OF CONTROL BETWEEN
BUSINESS BANK OF CALIFORNIA AND ED FIX  Ed:  In the
event of (i) a merger where the Bank is not the surviving corporation, (ii) a
transfer of all or substantially all of the assets of the Bank or (iii) any
acquisition, consolidation or other corporate reorganization where there is a
change in ownership of at least fifty-one percent (51%) except as may result
from a transfer of shares to another corporation in exchange for at least
eighty percent (80%) control of that corporation, and, in the event that your
employment is terminated for any reason during the twelve (12) month period
immediately following the effective date of consummation of such merger or
other corporate reorganization by the surviving entity, in the event of merger;
by the transferee of assets in the event of a purchase or sale; or by the
acquirer, in the event of an acquisition of stock in the Bank, then you shall
be entitled to the following severance benefits commencing upon the effective
date of termination of your employment: (a) You shall receive within ten (10)
days of such termination a Base Benefit equal to twelve (12) months of Pay, and
(b) an Added Benefit of two (2) weeks of Pay for each full Year of Service,
provided, however, that the total Base Benefit and Added Benefit payable to you
shall not exceed eighteen (18) months of Pay.  Nothing in this document is intended to create, or shall be considered
or construed as creating an employment contract between you and Business Bank
of California, or shall modify or affect in any way your at will employment
relationship with Business Bank of California.  Sincerely,   /s/ Charles O. HallCharles O. HallChief Executive Officer/s/ Edwin J. FixEdwin J. Fix, Executive Vice President
**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 withAmendment No. 1 to the Annual Report of M.L. Macadamia Orchards, L.P. (the“Partnership”) for the period ended December 31, 2008 on Form 10-K/Aas filed with the Securities and Exchange Commission on the date hereof (the “Report”),we, the undersigned management of the Partnership, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that,

 

(1)          The Report fully complies with the requirements ofsection 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and

 

(2)          The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Partnership.

 
| /s/ Wayne W. Roumagoux  |   |
|-------------------------|--------|
|                    |   |
| Wayne W. Roumagoux      |   |
| Chief Financial Officer |   |
| June 15, 2009      |   |

 

----
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1430.212 Contract modifications and statutory changes in program. ( a ) Producers in a dairy operation must notify FSA immediately of any changes that may affect their MILC. Changes include, but are not limited to changes to the starting month to receive payment for the next fiscal year, death of producer on the contract, new member joining the operation, member exiting the operation, transfer of shares by sale or other transfer action, or farm reconstitutions undertaken in accordance with § 1430.213.
( b ) CCC may modify an MILC if such modifications are desirable to carry out purposes of the program or to facilitate the program's administration.
( c ) Payments otherwise due under this subpart or the program will be adjusted or denied to the extent provided for by a statutory change in program eligibilities or requirements of any kind irrespective of whether the program contract preceded the statutory change. Operations will be given the option of accepting the changes or terminating the contract.
[67 FR 64476, Oct. 18, 2002, as amended at 73 FR 73768, Dec. 4, 2008]
# #A, 71 US DEPARTMENT OF ENERGY PUBLIC MEETING ON PROPOSED ENERGY CONSERVATION STANDARDS FOR RESIDENTIAL FURNACES AND BOILERS

U.S. Department of Energy 1000 Independence Avenue, SW 

### Washington, DC 20585 Room 1E-245 October 30, 2006

Purpose The purpose of this public meeting is to hear the views of interested persons on the issues and process involved in a rulemaking to consider the energy conservation standards proposed for residential furnaces and boilers. The Department will consider the views presented and comments submitted in preparing its final rule. 

## Agenda
9:00 - 9:05 am Welcome
9:05 - 9 : 20 am Introduction and Agenda Review

Doug Brookman 9:20 - 9:45 am Rulemaking Overview

Mohammed Khan 

### This is an overview of the analyses in the rulemaking, the tools DOE uses to generate results for each analysis, and the issues on which DOE would like input during today's meeting.
9:45 - 10 : 15 am Brief Stakeholder Comments Doug Brookman 

### Stakeholders are invited to make brief summary comments regarding the proposed rule. 10:15 - 10:45 am Review and Finalize Agenda Content Doug Brookman 

### Stakeholders are invited to make suggestions of topics to be discussed in the "Discussion of Issues" portion of the agenda. 10:45 - 11:00 am Break11:00 - 12:30 pm Discussion of Issues Mohammed Khan This is a facilitated discussion of the issues raised by the Department in the NOPR and the issues identified by participants concerning the standards proposed by the Department. 12:30 - 1:30 pm L unch (on your own)
1:30 - 2:45 pm Discussion of Issues (Continued)

Mohammed Khan This is a facilitated discussion of the issues raised by the Department in the NOPR and the issues identified by participants concerning the standards proposed by the Department. 

### 2:45 - 3:00 pm Break
3:00 - 4 : 00 pm Discussion of Issues (Continued)

Mohammed Khan This is a facilitated discussion of the issues raised by the Department in the NOPR and the issues identified by participants concerning the standards proposed by the Department. 

### 4:00 pm Adjourn

Mohammed Khan and Ron Lewis Summary of issues raised and closing remarks by the Department and adjourn.
Exhibit 32.1



Section 1350 Certification

(Principal Executive Officer)



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/A (Amendment
No. 1) for the period ended August 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Tommy A. Valenta, Principal Executive Officer of Chaparral Steel Company (the
Company), certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(i) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|--- | ---------------------------------------------------------------------------------------------------------------------



|(ii) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: October 25, 2005



/s/ Tommy A. ValentaTommy A. ValentaPrincipal Executive Officer
§ 1220.314 Document evidencing payment of assessments. ( a ) Each first purchaser responsible for remitting an assessment to a Qualified State Soybean Board or the United Soybean Board is required to give to the producer from whom the first purchaser collected an assessment written evidence of payment of the assessment containing the following information: ( 1 ) Name and address of the first purchaser.
( 2 ) Name of producer who paid assessment.
( 3 ) Number of bushels sold.
( 4 ) Net market price.
( 5 ) Total assessments paid by the producer.
( 6 ) Date.
( 7 ) State in which soybeans were grown.
( b ) [Reserved]
----

----

|   | (1) | The      Report fully complies with the requirements of Section 13(a) of the      Securities Exchange Act of 1934;and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in the Report fairly presents, in all material      respects, the consolidated financial condition of the Company as of the      dates presented and the consolidated result of operations of the Company      for the periods presented. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:      November 3, 2008                                                                       |   |   |   |
|----------------------------------------------------------------------------------------------------|--------|--------|--------|
|  /s/      Yijun Wang                                                                          |   |   |   |
| Yijun      WangChief      Executive Officer, President, Director(Principal      Executive Officer) |

----
<PAGE>




                                                                  Exhibit 99.1


                    [LETTERHEAD OF THE CHASE MANHATTAN BANK]



The Chase Manhattan Bank
Hicksville, NY
March 26, 2001



Management Report on Internal Control over
Servicing of Securitized Credit Card Receivables

Management of The Chase Manhattan Bank is responsible for establishing and
maintaining an effective system of internal control over servicing of
securitized credit card receivables, which is designed to provide reasonable
assurance regarding the proper servicing of securitized credit card receivables.
The system contains self-monitoring mechanisms, and actions are taken to correct
deficiencies as they are identified.

There are inherent limitations in the effectiveness of any system of internal
control, including the possibility of human error and the circumvention or
overriding of controls. Accordingly, even an effective internal control system
can provide only reasonable assurance with respect to servicing of securitized
credit card receivables. Further, because of changes in conditions, the
effectiveness of an internal control system may vary over time.

Management of The Chase Manhattan Bank assessed its system of internal control
over servicing of securitized credit card receivables as of December 31, 2000 in
relation to criteria for effective internal control described in "Internal
Control-Integrated Framework" issued by the Committee of Sponsoring
Organizations of the Treadway Commission. Based on this assessment, management
believes that, as of December 31, 2000, The Chase Manhattan Bank maintained an
effective system of internal control over servicing of securitized credit card
receivables.

/s/ Richard Srednicki
-----------------------------
Richard Srednicki
Executive Vice President
The Chase Manhattan Bank

/s/ Michael Van Praag
-----------------------------
Michael Van Praag
Senior Vice President
The Chase Manhattan Bank
Editorial Note on Subchapter B of Chapter XIV
Editorial Note: For Federal Register citations to regulations affecting previous program years not included in this volume, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*

§ 1466.42 Incentive contract requirements. ( a ) *Requirement for a contract.* ( 1 ) In order for a participant to receive incentive payments, the participant must enter into an incentive contract agreeing to implement one or more incentive practices.
( 2 ) Payment for technical services may be included in the contract pursuant to requirements of this part.
( b ) *Incentive contract terms.* An incentive contract will— ( 1 ) Identify all incentive practices to be implemented, the timing of practice installation, responsibilities of the participant, the O&M requirements for the practices, and applicable payments allocated to the practices under the contract;
( 2 ) Have a period as set forth in § 1466.43;
( 3 ) Specify any other provision determined necessary or appropriate by NRCS to achieve the technical requirements of a practice or purposes of the program.
( c ) *Termination of the incentive contract.* NRCS may terminate an incentive contract consistent with the provisions of § 1466.26.
#### § 15a.540 Advertising.

A recipient shall not in any advertising related to employment indicate preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job in question.
----

----

|   | (1) | The      Report fully complies with the requirements of Section 13(a) of the      Securities Exchange Act of 1934;and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in the Report fairly presents, in all material      respects, the consolidated financial condition of the Company as of the      dates presented and the consolidated result of operations of the Company      for the periods presented. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:      November 3, 2008                                 |   |   |   |
|--------------------------------------------------------------|--------|--------|--------|
|  /s/      Dongliang (Frank) Su                          |   |   |   |
| Dongliang      (Frank) SuActing      Chief Financial Officer |

----
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## Breadcrumb

            -           Substance Abuse and Mental Health Services Administration      

# Substance Abuse and Mental Health Services Administration

SAMHSA’s mission is to lead public health and service delivery efforts that promote mental health, prevent substance misuse, and provide treatments and supports to foster recovery while ensuring equitable access and better outcomes.

http://www.samhsa.gov