alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971).

1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO.: 2:06-CV-767-F

)

JOHN E. POTTER, POSTMASTER )

GENERAL, et al., )

)

Defendants. )

DEFENDANT JOHN E. POTTER’S MOTION TO DISMISS

COMES NOW Defendant, John E. Potter, in his official capacity as Postmaster

General of the United States, by and through Leura G. Canary, United States Attorney for

the Middle District of Alabama, and pursuant to Rule 12 (b)(6) of the Federal Rule of

Civil Procedure, moves to dismiss for failure to state a claim upon which relief can be

granted. The grounds for this motion are that:

1. Plaintiff seeks to recover money damages from the Postal Service for alleged

constitutional violations. 

2. Bivens -type constitutional tort claims are not available against federal 1

agencies, including the Postal Service. FDIC v. Meyer, 510 U.S. 471, 484-86 (1994).

Case 2:06-cv-00767-MEF-SRW Document 24 Filed 11/27/2006 Page 1 of 3
Page 2 of 3

In support of this motion, Defendant relies upon the accompanying memorandum

of law. 

WHEREFORE, Defendant, the Postmaster General, requests that the Court dismiss

plaintiff’s claims against him in their entirety with prejudice.

Respectfully submitted this 27th day of November, 2006. 

LEURA G. CANARY 

United States Attorney

 By: /s/Stephen M. Doyle 

STEPHEN M. DOYLE

Chief, Civil Division

Assistant United States Attorney

Attorney for Defendant

Post Office Box 197

Montgomery, AL 36101-0197

District of Columbia Bar No. 422474 

Telephone No.: (334) 223-7280

Facsimile No.: (334) 223-7418

E-mail: stephen.doyle@usdoj.gov

Case 2:06-cv-00767-MEF-SRW Document 24 Filed 11/27/2006 Page 2 of 3
Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on November 27, 2006, I electronically filed the foregoing

with the Clerk of the Court using the CM/ECF system which will send notification of

such filing to Anton Hajjar, Esq., Brenda Zwack, Esq., Patricia K. Nakamura, Esq., and

William Post Roberts, II, Esq., and mailed a copy of same, first class, postage prepaid,

addressed as follows:

Alma T. McBroom, Pro se

921 Hugh Street

Montgomery, AL 36108

 /s/Stephen M. Doyle 

Assistant United States Attorney

Case 2:06-cv-00767-MEF-SRW Document 24 Filed 11/27/2006 Page 3 of 3
Exhibit
      32





CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE
      SARBANES-OXLEY ACT OF 2002








The
      undersigned hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the quarterly
      report of United States Basketball League, Inc. on Form 10-Q for the quarterly
      period ended August 31, 2008 fully complies with the requirements of Section
      13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information
      contained in such quarterly report on Form 10-Q fairly presents in all material
      respects the financial condition and results of operation of United States
      Basketball League, Inc.





Date:
      October 7, 2008








/s/
      Daniel T. Meisenheimer, III


Daniel
      T.
      Meisenheimer, III


President





Date:
      October 7, 2008








/s/
      Richard C. Meisenheimer


Richard
      C. Meisenheimer


Chief
      Financial Officer
#### In the Matter of Disney Enterprises, Inc., et al., Appellants, v Tax Appeals Tribunal of the State of New York et al., Respondents.

Submitted May 21, 2007;

decided July 2, 2007

Reported below, 40 AD3d 49.

Motion by Council on State Taxation for leave to file a letter amicus curiae on the Court of Appeals’ examination of its subject matter jurisdiction of the appeal herein granted and the letter is accepted as filed.
#### § 217.93 Communications.

All communications concerning this part, including requests for copies of the regulation and explanatory information, requests for guidance or clarification, and requests for adjustment or exception shall be addressed to the Deputy Assistant Secretary of the Department of Energy overseeing the Defense Production Act program, U.S. Department of Energy, 1000 Independence Ave. SW, Washington, DC 20585; (202) 586-1411 (*AskOE@hq.doe.gov*).

[85 FR 31670, May 27, 2020]
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Case 2:06-cv-00763-WKW-DRB Document 1-2 Filed 08/24/2006 Page 1 of 1
14910-13-PI

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

(Docket No. FAA-ZOID-llOS; Directorate Identifier 2010-NM-151-AD; Amendmen

110')9 J-. o?r 0B

39-*****; AD 2011-**-**)

RIN 2120-AA64

Ai..-worthiness Directives; Bombardier, Inc. Model CL-21 5-1 A I0 (eL-ZI5),

CL-2 J 5-68 I J (CL-2 J 5T Variant), and CL-215-6B I J (CL-415 Variant) Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of Transportation

nNClJR"f.NC~.s

""T'NGSVM\ll}L

tic{

(DOT). kNit-Lao

ACTION: Final rule. At:;\.,ya"':

SUMMARY: We arc adopti.ng a new ail\.\'orthilless directive (AD) for the products list ~:\,[~§/(

above. This AD results from mandatory continuing airworthiness mfom13tion (MeAl)

originated by an aviation authority of another Cowltry to identify and correct an unsafe

condition on an aviation product. The MeAl describes the unsafe condition as:

Seven cases of on-ground hydraulic accumulator screw cap or end cap

failure have been experienced * * * resulting in loss of the associated

hydraulic system and high-energy impact damage to adjacent systems and

structure. * * *

NITIAI};ISIG

RO\f1'INc; S""OO[.

"ATE

ROLJTI"'G ,1'"MIlOL

* * * * * * *

"~I'IIAIS'SiG

A detailed analysis of the systems and structure in the potential line of

trajectory of a failed screw cap/end cap for each accumulator has been

conducted. It has identified that the worst-case scenarios would be impact

damage to various components, potentially resulting in fuel spillage,

uncommanded flap movement, or loss of aileron control [and consequent

reduced controllability of the airplane].

!\ATE

lNGSYMOOL

.1TlALY.i1G
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000764579
<NAME> CAS MEDICAL SYSTEMS, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                           1,660,119
<SECURITIES>                                             0
<RECEIVABLES>                                    1,035,653
<ALLOWANCES>                                             0
<INVENTORY>                                        769,718
<CURRENT-ASSETS>                                 3,642,531
<PP&E>                                           1,015,611
<DEPRECIATION>                                     805,892
<TOTAL-ASSETS>                                   3,860,449
<CURRENT-LIABILITIES>                              741,679
<BONDS>                                                  0
<COMMON>                                            37,317
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<OTHER-SE>                                         384,089
<TOTAL-LIABILITY-AND-EQUITY>                     3,860,449
<SALES>                                          1,738,996
<TOTAL-REVENUES>                                 1,830,551
<CGS>                                              734,958
<TOTAL-COSTS>                                      684,070
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                              (  23,353)
<INCOME-PRETAX>                                    434,876
<INCOME-TAX>                                       174,000
<INCOME-CONTINUING>                                260,876
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                       260,876
<EPS-PRIMARY>                                          .03
<EPS-DILUTED>                                          .03
        

</TABLE>
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00363-CV

RUBY LUCILLE HALL APPELLANT

V.

RDSL ENTERPRISES LLC D/B/A 

JACK IN THE BOX, AND JACK IN 

THE BOX, INC.

APPELLEES

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

FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY

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

MEMORANDUM OPINION1 AND JUDGMENT

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

We have considered “Appellant's Motion To Dismiss All Claims Against 

Jack In The Box, Inc.” It is the court’s opinion that the motion should be granted; 

therefore, we dismiss the appeal against Jack in the Box, Inc. only. See Tex. R. 

App. P. 42.1(a)(1), 43.2(f). This case shall hereafter be styled Ruby Lucille Hall 

v. RDSL Enterprises LLC d/b/a Jack in the Box.

 

1See Tex. R. App. P. 47.4.
2

Costs of the appeal shall be paid by appellant, for which let execution 

issue. See Tex. R. App. P. 42.1(d).

PER CURIAM

PANEL: MEIER, GARDNER, and GABRIEL, JJ. 

DELIVERED: February 14, 2013
Exhibit A to Employment Agreement between West and Nancee Berger



 Exhibit 10.52 
 

 
 To: Nancee R. Berger 
 From: West Corporation Compensation Committee 
 Date: February 11, 2010

 Re: Exhibit A 
  

This Exhibit A for 2010 is entered into pursuant to your Employment Agreement. 
  

	1.	Your base salary will be $600,000. 

  

	2.	Effective January 1, 2010, you will be eligible to receive a performance bonus based upon West Corporation’s EBITDA (“Compensation EBITDA”) growth
in 2010. Compensation EBITDA for each quarter will be compared to the same quarter in the previous year to advance a pro-rata portion of the bonus. Each $1M increase in Compensation EBITDA for the year over 2009 Compensation EBITDA will result in a
$14,040 bonus. If any portion of the bonus is advanced, 75% of the pro-rata bonus will be paid within thirty (30) days from the end of the quarter. 100% of the total bonus earned will be paid within thirty (30) days of the final
determination of 2010 Compensation EBITDA. 

 Should Compensation EBITDA exceed $690M for the year, you will be
eligible to receive $17,550 for every $1M of Compensation EBITDA above that threshold. 
 In the event there is a negative
year-to-date profit calculation at the end of any quarter and a pro-rata portion of the bonus has been advanced in a previous quarter, “loss carry forward” will result and be applied to the next quarterly or year-to-date calculation. In
the event that at the end of the year, or upon your termination if earlier, the aggregate amount of the bonus which has been advanced exceeds the amount of bonus that otherwise would have been payable for 2010 (in the absence of advances) based on
the performance during 2010 (or, in the case of your termination, based on the performance during 2010 and the projection for performance for the balance of 2010 as of your termination date), then the amount of such excess may, in the discretion of
the Compensation Committee, either (i) result in a “loss carry forward” which shall be applied to the quarterly or year-to-date calculation of bonus payable in subsequent periods, or (ii) be required to be paid back to the
company upon such request. 
  

	3.	All objectives are based upon West Corporation operations and will not include results derived from mergers, acquisitions, joint ventures or stock buy backs except to
the extent approved by West Corporation’s Compensation Committee. 

  

	4.	At the discretion of the Compensation Committee, you may receive an additional bonus based on the Company’s and your individual performance.


  

	
	 /s/ Nancee R. Berger

	Employee – Nancee R. Berger
###### Editorial Note on Part 32

#### Editorial Note:

Nomenclature changes to part 32 appear at 79 FR 75739, Dec. 19, 2014.

#### § 32.201 Serialization of nationally tracked sources.

Each licensee who manufactures a nationally tracked source after February 6, 2007 shall assign a unique serial number to each nationally tracked source. Serial numbers must be composed only of alpha-numeric characters.

[71 FR 65709, Nov. 8, 2006]
Case 1:06-cr-00201-WHA-CSC Document 9 Filed 08/09/2006 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE PERIOD ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           6,334
<SECURITIES>                                     4,527
<RECEIVABLES>                                   11,057
<ALLOWANCES>                                       683
<INVENTORY>                                     11,331
<CURRENT-ASSETS>                                35,970
<PP&E>                                          14,026
<DEPRECIATION>                                   4,870
<TOTAL-ASSETS>                                  48,791
<CURRENT-LIABILITIES>                           13,634
<BONDS>                                          4,683
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,602
<OTHER-SE>                                     (2,359)
<TOTAL-LIABILITY-AND-EQUITY>                    30,243
<SALES>                                         16,622
<TOTAL-REVENUES>                                17,514
<CGS>                                           12,316
<TOTAL-COSTS>                                   12,699
<OTHER-EXPENSES>                                 3,410
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 322
<INCOME-PRETAX>                                  1,139
<INCOME-TAX>                                       158
<INCOME-CONTINUING>                              1,063
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,063
<EPS-PRIMARY>                                     0.17
<EPS-DILUTED>                                     0.17
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>              5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         324,018
<SECURITIES>                                         0
<RECEIVABLES>                                2,161,208
<ALLOWANCES>                                         0
<INVENTORY>                                  2,305,158
<CURRENT-ASSETS>                             5,441,292
<PP&E>                                       1,512,308
<DEPRECIATION>                                 669,817
<TOTAL-ASSETS>                               6,304,940
<CURRENT-LIABILITIES>                        3,634,181
<BONDS>                                        362,307
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,247,735
<OTHER-SE>                                       2,267
<TOTAL-LIABILITY-AND-EQUITY>                 6,304,940
<SALES>                                      3,033,663
<TOTAL-REVENUES>                             3,033,663
<CGS>                                        1,967,482
<TOTAL-COSTS>                                1,051,121
<OTHER-EXPENSES>                                13,006
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              52,818
<INCOME-PRETAX>                               (50,764)
<INCOME-TAX>                                    19,960
<INCOME-CONTINUING>                           (30,804)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (30,804)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
```

[109th Congress Public Law 445]
[From the U.S. Government Printing Office]

[DOCID: f:publ445.109]

[[Page 120 STAT. 3317]]

Public Law 109-445
109th Congress

                                 An Act

 
 To treat payments by charitable organizations with respect to certain 
firefighters as exempt payments. <<NOTE: Dec. 21, 2006 -  [H.R. 6429]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Fallen 
Firefighters Assistance Tax Clarification Act of 2006.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fallen Firefighters Assistance Tax 
Clarification Act of 2006''.
SEC. 2. PAYMENTS BY CHARITABLE ORGANIZATIONS WITH RESPECT TO 
                    CERTAIN FIREFIGHTERS TREATED AS EXEMPT 
                    PAYMENTS.

    (a) <<NOTE: California.>> In General.--For purposes of the Internal 
Revenue Code of 1986, payments made on behalf of any firefighter who 
died as the result of the October 2006 Esperanza Incident fire in 
southern California to any family member of such firefighter by an 
organization described in paragraph (1) or (2) of section 509(a) of such 
Code shall be treated as related to the purpose or function constituting 
the basis for such organization's exemption under section 501 of such 
Code if such payments are made in good faith using a reasonable and 
objective formula which is consistently applied.
    (b) Application.--Subsection (a) shall apply only to payments made 
on or after October 26, 2006, and before June 1, 2007.

    Approved December 21, 2006.

LEGISLATIVE HISTORY--H.R. 6429:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Dec. 8, considered and passed House and Senate.

                                  <all>
```
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN NO. 03-0 8 -00 249 -CR

M e hdi Ha ssa nal i P at e l , A ppe lla nt

v . The State of Texas, App ellee FR OM T HE C OU N T Y C OU R T A T L A W N O. 4 OF T R A V IS C OU N T Y NO. C-1- CR-07 -20 3572 , HO NORAB LE MI KE DENTO N , JUDGE PRESIDI NG

ME MO R

A ND UMO P I N I O N After being notified that the reporter’ s rec ord wa s overdue , the cour t reporte r advised the Court no arr ang ements for pay ment had bee n made. The Court notified ap p el l an t ’s re tained atto rn e y , M atth e w C . N ichol s, th at the a pp e a l w ou ld b e su

bmi tte d w ith out a

repo rt e r’ s r e c or d if pay ment was not made . Tex. R. App. P . 37.3(c) . Counsel did not respond to this not ice. Acc ording ly , counsel wa s notified that his brief wa s due on Nove mber 10, 2008. The brief has not been r ece ived and c ounsel did not respond to the Court’s over due notice.

Th e a p p e a l i s a b ate d . T h e tria l c o urt s h a llc o n d u c t a h e ar in gto d e te r

mi n e wh e the r a pp e lla nt d e sir e s to pr os e c ute thi s a pp e a l, whe the r a

pp e lla nt i s in dig e nt, and , if

he is n ot i nd ig e nt, wh e the r r e ta ine d c ouns e l ha s a ba nd on e d th is a

pp e a l. T e x. R. A

pp . P. 38 .8 (b )( 2) . Th e cou rt sh a ll make a ppropriate finding s and recommendations. A record from this hearing, including copies of all finding s and orde rs and a transcription of the court reporter’ s n o t es , s h al l be for war ded to the2

Clerk of this Court for filingas a sup p l em en t al record no late r than F ebrua ry 13, 2009. Rule 38.8(b)(3) .

__________________________________________ J an P. Patterson, J ustice Be fore J ustices Patterson, Pember ton and Waldrop Abated Filed: January

21, 2009 Do No t Pu

bli sh
Editorial Note on Part 2
Editorial Note: Nomenclature changes to part 2 appear at 79 FR 75739, Dec. 19, 2014.

§ 2.1305 Written comments. ( a ) As an alternative to requests for hearings and petitions to intervene, persons may submit written comments regarding license transfer applications. The Commission will consider and, if appropriate, respond to these comments, but these comments do not otherwise constitute part of the decisional record.
( b ) These comments should be submitted within 30 days after public notice of receipt of the application and addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff.
( c ) The Commission will provide the applicant with a copy of the comments. Any response the applicant chooses to make to the comments must be submitted within 10 days of service of the comments on the applicant. Such responses do not constitute part of the decisional record.