alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-10180

Conference Calendar

 

JAMES MCCARTER,

Plaintiff-Appellant,

versus

MARTIN A. LEET, TDCJ Clements Unit Employee,

Defendant-Appellee.

*************

JAMES MCCARTER,

Plaintiff-Appellant,

versus

JOHN A. CONNELLY, JR., TDCJ Clements Unit 

Officiers of Transporation Department; 

PAUL T. GEORGE, TDCJ Clements Unit 

Officers of Transportation Department,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:94-CV-8 & 2:94-CV-9

- - - - - - - - - -

February 11, 1998

Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.

PER CURIAM:*

 James McCarter (TDCJ #498365) appeals the jury verdict in

favor of the defendants in his civil rights suit. McCarter,
No. 97-10180

-2-

however, merely reargues the merits of why he believes the

defendants violated his Eighth Amendment rights.

 As reflected by its verdict, the jury obviously credited the

testimony of the defendants over that of McCarter. This court

will not disturb such choice on appeal. See Martin v. Thomas,

973 F.2d 449, 453 & n.3 (5th Cir. 1992). Insofar as McCarter

challenges the weight of the evidence supporting the jury

verdict, this court is unable to review such a claim without the

transcript. See Coats v. Penrod Drilling Corp., 5 F.3d 877, 890

(5th Cir. 1993), reh’g en banc granted, 20 F.3d 614 (1994),

opinion reinstated in pertinent part, 61 F.3d 1113, 1118 (1995). 

 Because there is no issue of arguable merit, the appeal is

DISMISSED as frivolous. Howard v. King, 707 F.2d 215, 219-20

(5th Cir. 1983); 5th Cir. R. 42.2. We caution McCarter that any

additional frivolous appeals filed by him or on his behalf will

invite the imposition of sanctions. To avoid sanctions, McCarter

is further cautioned to review any pending appeals to ensure that

they do not raise arguments that are frivolous.

APPEAL DISMISSED; SANCTION WARNING ISSUED.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2534 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2534

        To suspend temporarily the duty on 2,4-Dichloroaniline.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 5, 2006

  Mr. Talent introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
        To suspend temporarily the duty on 2,4-Dichloroaniline.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. 2,4-DICHLOROANILINE.

    Subchapter II of chapter 99 of the Harmonized Tariff Schedule of 
the United States is amended by inserting in numerical sequence the 
following new heading:

``      9902.10.64      2,6-                Free         No change        No change        On or before 12/  ''.
                         Dichloroaniline                                                    31/2009
                         (CAS No. 554-00-
                         7) (provided for
                         in subheading
                         2921.42.18)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
6.000 Scope of part.       This part prescribes policies and procedures to promote full and open competition in the acquisition process and to provide for full and open competition, full and open competition after exclusion of sources, other than full and open competition, and advocates for competition. This part does not deal with the results of competition (*e.g.,* adequate price competition), that are addressed in other parts (*e.g.,*             part  15).    **Parent topic:** Part 6 - Competition Requirements
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 1:92-cr-01040-MP-AK

LEROY ELLIS,

Defendant.

_____________________________/

O R D E R 

This matter is before the Court on Doc. 86, Defendant’s motion to continue the hearing

on his alleged violation of supervised release, which is currently scheduled for Wednesday,

January 14, 2009. Defendant’s attorney states that he needs more time to fully investigate an

issue related to Defendant’s conviction on state charges in another case. He also states in the

motion that he will be out of the country until January 19, 2009. The Government is unopposed

to the requested continuance. Upon consideration, it is hereby 

ORDERED AND ADJUDGED:

1. Defendant’s unopposed motion to continue, Doc. 86, is GRANTED.

2. The Clerk is directed to reset the hearing on Defendant’s alleged violation of

supervised release to Friday, January 23, 2009, at 11:00 a.m.

DONE AND ORDERED this 13th day of January, 2009

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 1:92-cr-01040-MP-AK Document 88 Filed 01/13/09 Page 1 of 1
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                             JUN-30-1997
<PERIOD-START>                                JUL-01-1996
<PERIOD-END>                                  JUN-30-1997
<CASH>                                             41,939  
<SECURITIES>                                            0 
<RECEIVABLES>                                     711,856 
<ALLOWANCES>                                      178,643 
<INVENTORY>                                     5,725,842 
<CURRENT-ASSETS>                                6,980,120 
<PP&E>                                         13,011,732 
<DEPRECIATION>                                  4,973,120 
<TOTAL-ASSETS>                                 15,278,359 
<CURRENT-LIABILITIES>                           7,740,196 
<BONDS>                                         5,456,217  
<PREFERRED-MANDATORY>                                   0 
<PREFERRED>                                             0 
<COMMON>                                              605 
<OTHER-SE>                                      4,979,521 
<TOTAL-LIABILITY-AND-EQUITY>                   15,278,359 
<SALES>                                        10,201,304 
<TOTAL-REVENUES>                               10,483,477 
<CGS>                                           9,831,441 
<TOTAL-COSTS>                                  15,780,090 
<OTHER-EXPENSES>                                  (31,495)
<LOSS-PROVISION>                                        0 
<INTEREST-EXPENSE>                                978,822 
<INCOME-PRETAX>                                (6,243,940)
<INCOME-TAX>                                            0 
<INCOME-CONTINUING>                                     0 
<DISCONTINUED>                                          0 
<EXTRAORDINARY>                                         0 
<CHANGES>                                               0 
<NET-INCOME>                                   (6,243,940)
<EPS-PRIMARY>                                       (1.07)
<EPS-DILUTED>                                       (1.07)
                                                            


</TABLE>
§ 35.12 Inspection and certification. ( a ) Each person shipping or offering for shipment any variety of vinifera species table grapes, to any foreign destination other than destinations in Canada or Mexico, shall cause them to be inspected within 14 days prior to date of export by the Federal or Federal-State Inspection Service in accordance with regulations governing the inspection and certification of fresh fruits, vegetables, and other products (part 51 of this chapter) and certified as meeting the requirements of the act and this part.
( b ) The Federal or Federal-State certificate shall be designated as an “Export Form Certificate” and shall include one of the following statements as applicable: ( 1 ) For any variety meeting specifications of paragraph (a) of § 35.11 “Meets requirements of Export Grape and Plum Act” or
( 2 ) For any variety meeting specifications of paragraph (b) of § 35.11 “Meets requirements of Export Grape and Plum Act except for export to destinations in Europe, Greenland, or Japan.” No carrier shall transport or receive for transportation any such variety to any foreign destination other than Canada or Mexico unless a copy of the certificate of inspection issued thereon showing that the grapes meet requirements for the applicable export destination is surrendered to such carrier when such variety is so received. The shipper shall deliver a copy of such certificate covering the shipment to the export carrier. Such grapes may be inspected at points other than port of exportation. Whenever such grapes are inspected and certified at any point other than port of exportation, the shipper shall deliver a copy of such certificate to the agent of the first carrier that thereafter transports such grapes and such agent shall deliver such copy to the proper official of the carrier on which the grapes are to be exported.
( c ) A copy of the Certificate of Inspection shall be filed by the export carrier for a period of not less than three (3) years following date of export.
( d ) Persons exporting grapes under the provisions of section 2 of the Act shall first submit to the Federal or Federal-State Inspection Service a certification in duplicate stating the names and addresses of the contracting parties, the date of contract, the quantity of grapes to be delivered, the U.S. grade specified, the expected date of shipment, and the name and address of the export carrier. The certificate of inspection shall indicate that the grapes are eligible for export under section 2 of the Act.
( e ) If the inspector has reason to believe that samples of a lot of any variety of vinifera species table grapes have been obtained for a determination as to compliance with tolerance for spray residue, established under the Federal Food, Drug and Cosmetic Act, as amended (52 Stat. 1040; 21 U.S.C. 301 *et seq.*), he shall not issue a certificate on the lot unless it complies with such tolerances.
[26 FR 8934, Sept. 22, 1961, as amended at 41 FR 32878, Aug. 6, 1976]
----

 Exhibit 32.1

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

            In connection with the Quarterly Report of Amalgamated Pictures Corp. (the "Company") on Form 10-Q for the quarter ending June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Avery Pack, President, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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; and

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

Date: August 18, 2008

| /s/ Avery Pack                                                                                                                                                                                                            |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                |
| Avery Pack, President and          Chief Executive Officer          (Principal Executive Officer) and          Acting Chief Financial Officer          (Principal Financial Officer and          Principal Accounting Officer) |
EXHIBIT 31.1

I, Robert Escobio, certify that:

1.

I have reviewed this quarterly report on Form 10-Q of Southern Trust Securities Holding Corp. (the registrant);

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4.

The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

b)

[Paragraph omitted pursuant to Rule 13a-14(a) under the Securities Exchange Act of 1934]

c)

Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

d)

Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5.

The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):

a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.

Date: November 18, 2008



| |        |                        
| | ------ | -----------------------
| | By:    | /s/ ROBERT ESCOBIO     
| | Name:  | Robert Escobio         
| | Title: | Chief Executive Officer
# 22.1102 Definition.

**Professional employee**, as used in this subpart, means any person meeting the definition of "employee employed in a bona fide . . . professional capacity" given in 29 CFR541. The term embraces members of those professions having a recognized status based upon acquiring professional knowledge through prolonged study. Examples of these professions include accountancy, actuarial computation, architecture, dentistry, engineering, law, medicine, nursing, pharmacy, the sciences (such as biology, chemistry, and physics, and teaching). To be a *professional employee*, a person *must* not only be a professional but *must* be involved essentially in discharging professional duties.

**Parent topic:**Subpart 22.11 - Professional Employee Compensation
xml version="1.0" encoding="UTF-8"?


L\_2021309DE.01003801.xml


| | | | |
| --- | --- | --- | --- |
| 2.9.2021 | DE | Amtsblatt der Europäischen Union | L 309/38 |

---

Berichtigung der Delegierten Verordnung (EU) 2021/1253 der Kommission vom 21. April 2021 zur Änderung der Delegierten Verordnung (EU) 2017/565 im Hinblick auf die Einbeziehung von Nachhaltigkeitsfaktoren, -risiken und -präferenzen in bestimmte organisatorische Anforderungen und Bedingungen für die Ausübung der Tätigkeit von Wertpapierfirmen

(
[Amtsblatt der Europäischen Union L 277 vom 2. August 2021](http://publications.europa.eu/resource/oj/JOL_2021_277_R_TOC)
)

Seite 3, Artikel 1 Nummer 1 zur Anfügung der Nummern 7, 8 und 9 in Artikel 2 der Delegierten Verordnung (EU) 2017/565, Nummer 7, einleitender Satzteil:

Anstatt:

| | |
| --- | --- |
| „7. | ‚Nachhaltigkeitspräferenzen‘ die Entscheidung eines Kunden oder potenziellen Kunden darüber, ob und, wenn ja, inwieweit eines der folgenden Finanzinstrumente in seine Anlage einbezogen werden soll:“ |

muss es heißen:

| | |
| --- | --- |
| „7. | ‚Nachhaltigkeitspräferenzen‘ die Entscheidung eines Kunden oder potenziellen Kunden darüber, ob und, wenn ja, inwieweit eines oder mehrere der folgenden Finanzinstrumente in seine Anlage einbezogen werden sollen:“ |

---
hme10q1q2009ex10-2.htm


    Exhibit
10.2

    


    


    


    EQUITY
GRANTS FOR NON-EMPLOYEE DIRECTORS

    Adopted
by the Board of Directors on May 5, 2009

    


    


    On May
11, 2009, each of the non-employee directors will be granted 6,000 options to
purchase Common Stock of Home Properties, Inc. (the
“Company”).   The exercise price for the options to be issued
will be the closing price of a share of the Company’s Common Stock as reflected
on the New York Stock Exchange on May 11, 2009 (the “Closing
Price”).  The options will be valued using the Black-Scholes
formula.

    


    On May
11, 2009, each of the non-employee directors also will be granted shares of the
Company’s restricted stock.  The number of shares of restricted stock
to be granted will be calculated as follows:  The value of the options
granted on May 11, 2009 will be subtracted from $84,000 to arrive at a
restricted stock value.  That value will be divided by the Closing
Price to determine the number of shares of restricted stock to be
granted.

    


    The
options and the restricted stock will be granted pursuant to the terms of the
Company’s 2008 Stock Benefit Plan, as amended.

    


    The
options will vest 20% on each of the first five grant date anniversaries (May 11
of 2010, 2011, 2012, 2013 and 2014) and terminate 10 years after the grant
date.  The restrictions on the restricted stock will lapse on the
fifth anniversary of the grant date.
98- 747.

#### Ferro Corp. v. Blaw-Knox Food & Chem. Equip. Co.

Cuyahoga App. Nos. 70804 and 70936. This cause is pending before the court as a cross-appeal from the Court of Appeals for Cuyahoga County, Upon consideration of the joint application for dismissal of the appeal and cross-appeal,

IT IS ORDERED by the court that the application for dismissal be, and hereby is, granted.

ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause be, and hereby is, dismissed.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. CASE NO.: 3:96cr76-001/RV

LEONARD THOMAS WALKER

_____________________________________________________________________

O R D E R

This cause comes on for consideration upon the magistrate judge's report and

recommendation dated December 14, 2010. The defendant previously has been

furnished a copy of the report and recommendation and has been afforded an

opportunity to file objections pursuant to Title 28, United States Code, Section

636(b)(1), and I have made a de novo determination of those portions to which an

objection has been made.

Having considered the report and recommendation and all objections thereto

timely filed by the parties, I have determined that the report and recommendation

should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order.

2. The court’s order adopting the court’s merits-based recommendation

is vacated and the defendant’s motions for judgment pursuant to Fed.R.Crim.P.

6(b)(1)(2) (docs. 226 and 227) are DENIED for lack of jurisdiction to consider the

claims raised therein.

DONE AND ORDERED this 11th day of January 2011.

/s/ Roger Vinson 

ROGER VINSON

SENIOR UNITED STATES DISTRICT JUDGE
22.505          Solicitation provision and contract clause.       When a project labor agreement is used for a construction project, the contracting officer shall—                                       (a)                                                         (1)                         Insert the provision at 52.222-33, Notice of Requirement for Project Labor Agreement, in solicitations containing the clause 52.222–34, Project Labor Agreement.                                                            (2)                         Use the provision with its Alternate I if the agency will require the submission of a project labor agreement from only the apparent successful offeror, prior to contract award.                                                            (3)                         Use the provision with its Alternate II if an agency allows submission of a project labor agreement after contract award except when Alternate III is used.                                                            (4)                         Use the provision with its Alternate III when Alternate II of 52.222-34 is used.                                                                             (b)                                                         (1)                         Insert the clause at 52.222-34, Project Labor Agreement, in solicitations and contracts associated with the construction project.                                                            (2)                         Use the clause with its Alternate I if an agency allows submission of the project labor agreement after contract award except when Alternate II is used.                                                            (3)                         Use the clause with its Alternate II in IDIQ contracts when the agency will have project labor agreements negotiated on an order-by-order basis and anticipates one or more orders may not use a project labor agreement.    **Parent topic:** Subpart 22.5 - Use of Project Labor Agreements for Federal Construction Projects
#### § 4288.6 Forms, regulations, and instructions.

Copies of all forms, regulations, instructions, and other materials related to this program may be obtained from the USDA Rural Development State Office, Renewable Energy Coordinator and the USDA Rural Development Web site at *http://www.rurdev.usda.gov/regs/.*
16.000 Scope of part.

This part describes types of contracts that may be used in acquisitions. It prescribes policies and

procedures and provides guidance for selecting a contract type appropriate to the circumstances of

the acquisition.

Parent topic: Part 16 - Types of Contracts
# 1.706 Expiration.

Expiration dates are required for class D&F’s and are optional for individual D&F’s. Authority to act under an individual D&F expires when it is exercised or on an expiration date specified in the document, whichever occurs first. Authority to act under a class D&F expires on the expiration date specified in the document. When a *solicitation* has been furnished to prospective *offerors* before the expiration date, the authority under the D&F will continue until award of the contract(s) resulting from the *solicitation*.

**Parent topic:**Subpart 1.7 - Determinations and Findings