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

September 16, 1997

Cecil Crowson, Jr.

Appellate Court Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

SEPTEMBER 1997 SESSION

LAIRD PAYNE, also known as )

MICHAEL GREGG, ) No. 02-C-01-9611-CR-00394

)

APPELLANT, ) Shelby County

)

v. ) Bernie Weinman, Judge

)

STATE OF TENNESSEE, ) (Post-Conviction)

)

APPELLEE. )

FOR THE APPELLANT: FOR THE APPELLEE:

Laird Payne, Pro Se John Knox Walkup

Northwest Correctional Center Attorney General & Reporter

Route 1, Box 660 500 Charlotte Avenue

Tiptonville, TN 38079 Nashville, TN 37243-0497

Georgia Blythe Felner

Assistant Attorney General

450 James Robertson Parkway

Nashville, TN 37243-0493

William L. Gibbons

District Attorney General

201 Poplar Avenue, Suite 3-01

Memphis, TN 38103

Glen C. Baity

Assistant District Attorney General

201 Poplar Avenue, Suite 3-01

Memphis, TN 38103

OPINION FILED: ____________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge
2

O P I N I O N

The appellant, Laird Payne, also known as Michael Gregg, (petitioner), appeals as

of right from a judgment of the trial court summarily dismissing his suit for post-conviction

relief. The trial court dismissed the proceeding because it was barred by the statute of

limitations.

The petition states upon its face that the petitioner was convicted of aggravated rape

on February 4, 1987 and sentenced to confinement for sixty (60) years in the Department

of Correction. His appeal as of right to this Court resulted in his conviction and sentence

being affirmed on December 9, 1987. The Supreme Court denied the petitioner’s

application for permission to appeal on April 4, 1988. The petitioner did not file the present

suit until August 12, 1996, more than eight (8) years after the final action of the Supreme

Court.

The petitioner contends the sentence imposed was illegal and he was denied the

effective assistance of counsel. The right to litigate these issues is barred by the statute

of limitations. There is nothing contained in the petition or attached to the petition which

establishes the sentence imposed was illegal.

After a thorough review of the record, the briefs submitted by the parties, and the

law governing the issues presented for review, it is the opinion of this Court that the

judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of

Criminal Appeals.

________________________________________

 JOE B. JONES, PRESIDING JUDGE

CONCUR:

___________________________________

 DAVID H. WELLES, JUDGE

___________________________________

 JOE G. RILEY, JUDGE
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 of Chardan North China Acquisition
      Corporation (the “Company”) on Form 10-QSB for the period ending March 31, 2006
      (the “Report”), as filed with the Securities and Exchange Commission on the date
      hereof, I Kerry Propper, Chief Financial Officer and Secretary of the Company,
      certify pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of
      the
      Sarbanes-Oxley Act of 2002, that:




1.
            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.
            The
                information contained in the Report fairly presents, in all material
                respects, the financial condition and result of operations of the
                Company.







By:
      /s/
      Kerry Propper  Dated:
      May 15, 2006


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


Kerry
      Propper


Chief
      Financial Officer and Secretary


(Principal
      Accounting and Financial Officer)
EXHIBIT 32

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 Volcom, Inc. (the Company) for the quarterly
period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), Richard R. Woolcott, as Chief Executive Officer of the Company, and Douglas P. Collier, as Chief Financial Officer of
the Company, each hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:



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



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

A signed original of this written statement required by Section 906 has been provided to Volcom, Inc. and will be retained by Volcom, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.



|                       |  |  |  |                                                                                                                            
|---------------------- |  |  |  | ---------------------------------------------------------------------------------------------------------------------------
|Dated: August 10, 2009 |  |  |  | /s/ Richard R. Woolcott                                                                                                    
|                       |  |  |  | Richard R. Woolcott Chairman and Chief Executive
Officer (Principal Executive Officer)                                     
|                       |  | 
|Dated: August 10, 2009 |  |  |  | /s/ Douglas P. Collier                                                                                                     
|                       |  |  |  | Douglas P. Collier Executive Vice President, Chief
Financial Officer, Secretary and Treasurer (Principal Financial
Officer)

The foregoing certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350.
These certifications shall not be deemed filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall they be incorporated by reference in any filing of the Company under the Securities Act of 1933,
as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
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PLAINTIFFS'

TRIAL EXHIBIT

P-GEN-00122

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Editorial Note on Part 1955
Editorial Note: Nomenclature changes to part 1955 appear at 80 FR 9895, Feb. 24, 2015.

§ 1955.146 Advertising. ( a ) *General.* When property is being sold by Rural Development or through real estate brokers, it is the servicing official's responsibility to ensure adequate advertising of property to achieve a timely sale. The primary means of advertisements are newspaper advertisements in accordance with RD Instruction 2024-F (available in any Rural Development office), public notice using Form RD 1955-41, “Notice of Sale,” and notification of known interested parties. Other innovative means are encouraged, such as the use of a bulletin board to display photographs of inventory properties for sale with a brief synopsis of the property attached; posting Forms 1955-40 or 1955-43, as appropriate, in the reception area to attract applicant and broker interest; posting notices of sale at employment centers; door-to-door distribution of sales notices at apartment complexes; radio and/or television spots; group meetings with potential applicants/investors/real estate brokers; and advertisements in magazines and other periodicals. If Rural DevelopmentFmHA or its successor agency under Public Law 103-354 personnel are not available to perform these services, Rural Development may contract for such services in accordance with Rural Development Instruction 2024-A (available in any Rural Development office).
( b ) *Large-value and complex properties.* Advertising for MFH, B&I and other large-value or complex properties should also be placed in appropriate newspapers and publications designed to reach the type of particular purchasers most likely to be interested in the inventory property. The State Director will assist the District Director in determining the scope of advertising necessary to adequately market these properties. Advertising for MFH and other complex properties must also include appropriate language stressing the need to obtain and submit complete application materials for the type program involved.
( c ) *MFH restrictive-use provisions.* Advertisements for multi-family housing projects will advise prospective purchasers of any restrictive-use requirements that will be attached to the project and added to the title of the property.
( d ) *Racial and socio-economic considerations.* In accordance with the policies set forth in § 1901.203(c) of subpart E of part 1901 of this chapter, the approval official will make a special effort to insure that those prospective purchasers in the marketing area who traditionally would not be expected to apply for housing assistance because of existing racial or socio-economic patterns are reached.
( e ) *Rejected application for SFH loan.* If an application for a SFH loan is being rejected because income is too high, a statement should be included in the rejection letter that inventory properties may be available for which they may apply.
[50 FR 23904, June 7, 1985, as amended at 53 FR 27839, July 25, 1988; 58 FR 38928, July 21, 1993]
#### § 1150.118 Marketing.

*Marketing* means the sale or other disposition in commerce of dairy products.
* 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. United States Court of Appeals Fifth Circuit 

## FILED June 18, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-60725 Summary Calendar

JEAN A. DORIVAL, Petitioner-Appellant,

versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent-Appellee.

-------------------- 28 U.S.C. § 2241 petition transferred from the United States District Court for the Eastern District of New York USDC No. 1:02-cv-06162-DGT

A91 420 735

-------------------- Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM: * Haitian citizen Jean Dorival filed a 28 U.S.C. § 2241 petition for writ of habeas corpus in district court for the Eastern District of New York challenging the Immigration Judge’s order of removal from the United States. In his petition he asserted a claim that he was a national of the United States. The district court transferred Dorival’s habeas corpus petition to this court. Dorival requests a stay of removal; that requestNo. 03-60725 -2- is DENIED. The Respondent, Attorney General Ashcroft, moves for dismissal of the case for lack of jurisdiction and, in the alternative, for summary affirmance. Ashcroft’s motion for summary affirmance is DENIED. Dorival moves for leave to file an out-of-time response to Ashcroft’s motion for summary affirmance; Dorival’s motion is DENIED. 28 U.S.C. § 1631 permits a transfer if this court would have been able to exercise jurisdiction on the date that the case was filed in the district court, the district court lacked jurisdiction over the case, and the transfer is in the interest of justice. Dorival filed his 28 U.S.C. § 2241 petition in the district court before he exhausted his administrative remedies before the Board of Immigration Appeals. Therefore, this court could not have exercised jurisdiction over the petition on the date that Dorival filed the petition in district court. See Goonsuwan v. Ashcroft , 252 F.3d 383, 387 (5th Cir. 2001); 8 U.S.C. § 1252(d)(1) (a court may review a final order of removal only if the alien has exhausted all administrative remedies as of right). DISMISSED for lack of jurisdiction.
#### NAGLER v. McCRORY STORES CORP.

No. 11215.

United States Court of Appeals Third Circuit.

Argued Feb. 15, 1954.

Decided March 2, 1954.

W. Brown Morton, Jr., New York City (Pennie, Edmonds, Morton, Barrows & Taylor and Stanton T. Lawrence, Jr., New York City, on the brief), for appellant.

W. Lee Helms, New York City (Le-verne M. Fake, Paramus, N. J., A. J. Nydick, New York City, on the brief), for appellee.

Before MARIS, KALODNER and STALEY, Circuit Judges.

PER CURIAM.

This is an appeal by the plaintiff from an order of the district court denying his motion for a preliminary injunction in a civil action for unfair competition. To support the granting of such extraordinary relief there must be a showing of irreparable injury during the penden-cy of the action. Murray Hill Restaurant v. Thirteen Twenty One Locust, 3 Cir., 1938, 98 F.2d 578. Here, as the district court properly found, there was no proof of irreparable injury. It follows that the court did not err in denying the preliminary injunction sought by the plaintiff.

The order of the district court will be affirmed.
(;+,%,7

%

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§ 25.300 USDA action and review of nominations for designation. ( a ) *Establishment of submission procedures.* USDA will establish a time period and procedure for the submission of applications for designation as empowerment zones or enterprise communities, including submission deadlines and addresses, in a notice inviting applications or other applicable notice, to be published in the Federal Register.
( b ) *Acceptance for processing.* USDA will accept for processing those applications as empowerment zones and enterprise communities which USDA determines have met the criteria required under this part. USDA will notify the states and local governments whether or not the nomination has been accepted for processing. The application must be received by USDA on or before the close of business on the date established by the notice inviting applications or other applicable notice published in the Federal Register. The applications must be complete, inclusive of the strategic plan, as required by § 25.202, and the certifications and written assurances required by § 25.200(b).
( c ) *Site visits.* In the process of reviewing each application accepted for processing, USDA may undertake site visits to any nominated area to aid in the process of evaluation.
( d ) *Modification of the strategic plan, boundaries of nominated rural areas, or period during the application review period.* Subject to the limitations imposed by § 25.100. ( 1 ) USDA may request additional information pertaining to the strategic plan and proposed area and may, as a part of that request, suggest modifications to the strategic plan or nominated area that would enhance the effectiveness of the strategic plan;
( 2 ) Enlargement of a nominated area will not be allowed if the inclusion of the additional area will result in an average poverty rate less than the average poverty rate at the time of initial application; and
( 3 ) An applicant may modify the nominated area or strategic plan during the application review period with USDA approval.
( e ) *Designations.* Final determination of the boundaries of areas and the term for which the designations will remain in effect will be made by the Secretary.
[63 FR 19114, Apr. 16, 1998, as amended at 67 FR 13557, Apr. 24, 2002]
<PAGE>
 

                                                      Exhibit (23)-1
                                                      Unicom Corporation
                                                      Form 10-Q File No. 1-11375




                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS
                   -----------------------------------------



     As independent public accountants, we hereby consent to the incorporation
by reference of our report in this Form 10-Q for the quarterly period ended
March 31, 1997 (Report), into Unicom Corporation's previously filed prospectuses
dated March 18, 1994, constituting part of Form S-4 Registration Statement File
No. 33-52109, as amended (relating to Common Stock of Unicom Corporation), as
further amended by Post-Effective Amendment No. 1 on Form S-8 (relating to
Commonwealth Edison Company's Employee Savings and Investment Plan) and Post-
Effective Amendment No. 2 on Form S-8 (relating to Unicom Corporation's Employee
Stock Purchase Plan); Form S-8 Registration Statement File No. 33-56991
(relating to Unicom Corporation's Long-Term Incentive Plan), Form S-4
Registration Statement File No. 333-01003 (relating to Common Stock of Unicom
Corporation), Form S-8 Registration Statement File No. 333-04749 (relating to
Unicom Corporation's 1996 Directors' Fee Plan) and Form S-8 Registration
Statements File No.'s 333-10613 and 333-26779 (relating to Commonwealth Edison
Company's Employee Savings and Investment Plan). We also consent to the
application of our Report to Commonwealth Edison Company and subsidiary
companies' ratios of earnings to fixed charges and ratios of earnings to fixed
charges and preferred and preference stock dividend requirements for each of the
twelve months ended March 31, 1997 and December 31, 1996 appearing in this Form
10-Q.


                                                 ARTHUR ANDERSEN LLP


 
Chicago, Illinois
May 9, 1997
EXHIBIT 10.23


 


Description of Employment Agreements with Named Executive Officers


 


The Company has entered into
employment agreements with each of the Named Executive Officers.  Each officer’s agreement has a term of one
year and is renewable annually.  Each
employment agreement provides that an officer’s compensation will include a
base and a bonus.  The base salary and
bonus structure of the Chief Executive Officer, the Chief Operating Officer,
and the Chief Financial Officer are determined by the Compensation Committee of
the Board of Directors.  The base salary
and bonus structure of the remaining officers are determined by the Chief
Operating Officer, in consultation with the Chief Executive Officer.  In the event that an officer’s employment is
terminated upon a change in control of the Company, upon death or disability of
the officer or without cause, the officer will be entitled to a severance
payment of up to three times his annual compensation, which varies based upon
the cause of termination and officer position. 
Officers are also entitled to receive continuation of medical, dental
and disability benefits for up to 18 months following termination, which
varies based upon the officer’s position.
§ 205.202 Land requirements. Any field or farm parcel from which harvested crops are intended to be sold, labeled, or represented as “organic,” must: ( a ) Have been managed in accordance with the provisions of §§ 205.203 through 205.206;
( b ) Have had no prohibited substances, as listed in § 205.105, applied to it for a period of 3 years immediately preceding harvest of the crop; and
( c ) Have distinct, defined boundaries and buffer zones such as runoff diversions to prevent the unintended application of a prohibited substance to the crop or contact with a prohibited substance applied to adjoining land that is not under organic management.
§ 205.204 Seeds and planting stock practice standard. ( a ) The producer must use organically grown seeds, annual seedlings, and planting stock: *Except,* That, ( 1 ) Nonorganically produced, untreated seeds and planting stock may be used to produce an organic crop when an equivalent organically produced variety is not commercially available: *Except,* That, organically produced seed must be used for the production of edible sprouts;
( 2 ) Nonorganically produced seeds and planting stock that have been treated with a substance included on the National List of synthetic substances allowed for use in organic crop production may be used to produce an organic crop when an equivalent organically produced or untreated variety is not commercially available;
( 3 ) Nonorganically produced annual seedlings may be used to produce an organic crop when a temporary variance has been granted in accordance with § 205.290(a)(2);
( 4 ) Nonorganically produced planting stock to be used to produce a perennial crop may be sold, labeled, or represented as organically produced only after the planting stock has been maintained under a system of organic management for a period of no less than 1 year; and
( 5 ) Seeds, annual seedlings, and planting stock treated with prohibited substances may be used to produce an organic crop when the application of the materials is a requirement of Federal or State phytosanitary regulations.
( b ) [Reserved]