alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13 - 18 - 00 487 - C V COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI - EDINBURG

IN R E LONE STAR NATIONAL BANK

On Petition for Writ of Mandamus.

ORDER Before Justices Rodriguez, Contreras, and Benavides

Per Curiam Order
Relator Lone Star National Bank f iled a petition for writ of mandamus and motion for emergency temporary relief in the above cause on September 6, 2018

. Through this original pro ceeding, relator seeks to compel the trial court to: (1) vacate an August 31, 2018 order requiring International Bank of Commerce to deposit funds into the registry of the court and allowing Armando Gomez to withdraw the funds; and (2) issue an order dismissing the underlying lawsuit in accordance with the motions for nonsuit filed by relator and International Bank of Commerce

. Through its motion for emergency2

temporary relief, relator seeks to stay the August 31, 2018 order pending resolution of this original proceeding. The Court, having examined and fully considered the motion for emergency temporary relief , is of the opinion that the motion should be granted

. The motion for
emergency temporary relief is GRANTED and the trial court ’s order of August 31, 2018
is ordered STAYED pending further order of this Court, or until the case is finally decided. See T EX

. R. A PP

. P . 52.10(b) (“Unless vacated or modified, an order granting temporary relief is effective until the case is finally decided.”).
T he Court requests that th e real parties in interest , International Bank of Commerce and Armando Gomez , or any others whose interest would be directly affected by the relief sought, file a response to the petition for writ of mandamus on or before the expiration of ten days from th e date of this order. See id. R

. 52.2, 52.4, 52.8. IT IS SO ORDERED. PER CURIAM
D elivered and filed the 6th day of September , 201 8

.
# EUR-Lex - 31980L1274 - EN

Avis juridique important

*|*

# 31980L1274

**Council Directive 80/1274/EEC of 22 December 1980 amending, consequent on the accession of Greece, Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine and Directive 80/217/EEC introducing Community measures for the control of classical swine fever **

*
Official Journal L 375 , 31/12/1980 P. 0075 - 0075 Greek special edition: Chapter 03 Volume 32 P. 0210 Spanish special edition: Chapter 03 Volume 20 P. 0140 Portuguese special edition Chapter 03 Volume 20 P. 0140 Finnish special edition: Chapter 3 Volume 12 P. 0272 Swedish special edition: Chapter 3 Volume 12 P. 0272 *

COUNCIL DIRECTIVE of 22 December 1980 amending, consequent on the accession of Greece, Directive 64/432/EEC on animal health problems affecting intra-Community trade in bovine animals and swine and Directive 80/217/EEC introducing Community measures for the control of classical swine fever (80/1274/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to the 1979 Act of Accession, and in particular Article 146 thereof,

Having regard to the proposal of the Commission,

Whereas, pursuant to Article 22 of the 1979 Act of Accession, the adaptations to the acts listed in Annex II to be drawn up in conformity with the guidelines set out in that Annex ; whereas Directive 64/432/EEC (1), as last amended by Directive 80/219/EEC (2), should be adapted accordingly;

Whereas, moreover, Directive 80/217/EEC (3), which was adopted after signature of the Treaty of Accession and is valid beyond 1 January 1981, must be adapted to ensure compliance with the provisions of the Act of Accession,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directive 64/432/EEC is hereby amended as follows: 1. At Annex B, point 12, the following letter shall be added: >PIC FILE= "T0013976">

2. At Annex C, point 9, the following letter shall be added: >PIC FILE= "T0013977">

3. In Annex F, footnote 4 of model certificate I and footnote 5 of model certificates II, III, and IV shall be completed by the following: >PIC FILE= "T0013978">

Article 2

The following shall be added to the list of national laboratories for swine fever in Annex II of Directive 80/217/EEC: >PIC FILE= "T0013979">

Article 3

The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive, in respect of Article 1, no later than 1 January 1981, and in respect of Article 2, no later than 1 July 1981. They shall inform the Commission immediately.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 22 December 1980.

For the Council

The President

J. SANTER (1)OJ No 121, 29.7.1964, p. 1977/64. (2)OJ No L 47, 21.2.1980, p. 25. (3)OJ No L 47, 21.2.1980, p. 11.
§ 205.3 Appearance before the DOE or a State Office. ( a ) A person may make an appearance, including personal appearances in the discretion of the DOE, and participate in any proceeding described in this part on his own behalf or by a duly authorized representative. Any application, appeal, petition, request or complaint filed by a duly authorized representative shall contain a statement by such person certifying that he is a duly authorized representative, unless a DOE form requires otherwise. Falsification of such certification will subject such person to the sanctions stated in 18 U.S.C. 1001 (1970).
( b ) Suspension and disqualification: The DOE or a State Office may deny, temporarily or permanently, the privilege of participating in proceedings, including oral presentation, to any individual who is found by the DOE— ( 1 ) To have made false or misleading statements, either verbally or in writing;
( 2 ) To have filed false or materially altered documents, affidavits or other writings;
( 3 ) To lack the specific authority to represent the person seeking a DOE or State Office action; or
( 4 ) To have engaged in or to be engaged in contumacious conduct that substantially disrupts a proceeding.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 925 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 925

 To amend title 38, United States Code, to clarify the eligibility for 
   monthly stipends paid under the Post-9/11 Educational Assistance 
  Program for certain members of the reserve components of the Armed 
                                Forces.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2017

   Mr. Calvert (for himself, Ms. Bordallo, Mr. Byrne, Mr. Cook, Mr. 
 Collins of New York, Mr. Cramer, Mr. Garamendi, Mr. Issa, Ms. Jenkins 
 of Kansas, Mr. Jones, Mr. Joyce of Ohio, Ms. Pingree, Mr. McClintock, 
 Mr. Ryan of Ohio, Ms. Stefanik, Mr. Walz, and Mr. Wittman) introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to clarify the eligibility for 
   monthly stipends paid under the Post-9/11 Educational Assistance 
  Program for certain members of the reserve components of the Armed 
                                Forces.

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

SECTION 1. MONTHLY STIPEND FOR CERTAIN MEMBERS OF THE RESERVE 
              COMPONENTS OF THE ARMED FORCES.

    (a) In General.--Section 3313 of title 38, United States Code, is 
amended by adding at the end the following new subsection:
    ``(j) Determination of Monthly Stipends During Certain Active Duty 
Service.--
            ``(1) Pro rata basis.--In any month in which an individual 
        described in paragraph (2) is performing active duty service 
        described in section 3301(1)(B) of this title, the Secretary 
        shall determine the amount of monthly stipends payable under 
        this section for such month on a pro rata basis for the period 
        of such month in which the covered individual is not performing 
        such active duty service.
            ``(2) Individual described.--An individual described in 
        this paragraph is an individual who is--
                    ``(A) a member of the reserve components of the 
                Armed Forces; and
                    ``(B) pursuing a program of education using 
                educational assistance under this chapter.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
with respect to a quarter, semester, or term, as applicable, commencing 
on or after August 1, 2017.
                                 <all>
```
Editorial Note on Part 35
Editorial Note: Nomenclature changes to part 35 appear at 79 FR 75739, Dec. 19, 2014.

§ 35.415 Safety precautions. ( a ) For each patient or human research subject who is receiving brachytherapy and cannot be released under § 35.75, a licensee shall— ( 1 ) Not quarter the patient or the human research subject in the same room as an individual who is not receiving brachytherapy;
( 2 ) Visibly post the patient's or human research subject's room with a “Radioactive Materials” sign; and
( 3 ) Note on the door or in the patient's or human research subject's chart where and how long visitors may stay in the patient's or human research subject's room.
( b ) A licensee shall have applicable emergency response equipment available near each treatment room to respond to a source— ( 1 ) Dislodged from the patient; and
( 2 ) Lodged within the patient following removal of the source applicators.
( c ) A licensee shall notify the Radiation Safety Officer, or his or her designee, and an authorized user as soon as possible if the patient or human research subject has a medical emergency or dies.
Exhibit 10.1


 


July 18, 2006


 


Mr. John H. Jungbauer


Principal Financial Officer and


Principal Accounting Officer


MedicalCV, Inc.


9725 South Robert Trail


Inver Grove Heights, MN 55077


 


Re:          Second
Amendment to Executive Employment Agreement


 


Dear Mr. Jungbauer:


 


Reference is
made to your Executive Employment Agreement with MedicalCV, Inc. (“MedCV”
or “we”) dated August 8, 2005 (the “Employment Agreement”) providing for
your employment as Vice President, Finance and Chief Financial Officer of
MedCV, as amended by the Amendment to Executive Employment Agreement dated April 6,
2006 (the “First Amendment”). The Employment Agreement as amended by the First
Amendment is referred to herein as the “Amended Employment Agreement.”  Following our discussions concerning the
implications associated with extending the period during which your vested
stock options may be exercised, we have reached a mutual decision to delete Section 4
of the First Amendment.


 


NOW,
THEREFORE, in consideration of the mutual covenants contained in this letter
agreement (the “Second Amendment”), and for other good and valuable
consideration the receipt and adequacy of which are hereby acknowledged, you
and MedCV agree as follows:


 


1.             Section 4
of the First Amendment is hereby deleted in its entirety.


 


2.             This
Second Amendment shall be given retroactive effect to April 6, 2006.


 


3.             Except
as provided above, the remaining terms and conditions of the Amended Employment
Agreement shall remain in full force and effect.


 


	
   

  	
  MEDICALCV,
  INC.

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Marc P.
  Flores

  	
   

  
	
   

  	
   

  	
  Marc P.
  Flores

  
	
   

  	
   

  	
  President
  and Chief Executive Officer

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
  /s/ John H.
  Jungbauer

  	
   

  
	
   

  	
  John H.
  Jungbauer
§ 455.81 Eligibility. To be eligible to receive financial assistance for administrative expenses, a State must: ( a ) Have in place a State Plan approved by DOE pursuant to § 455.21 and
( b ) Be operating a program to provide technical assistance and energy conservation measure grants, or technical assistance, program assistance, and marketing (where energy conservation measures are funded non-Federally) to eligible institutions pursuant to this part.
1/1554800.1

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

SOUTHERN DIVISION

JOELSONGS, et al., 

 Plaintiffs, 

v. 

SHELLEY BROADCASTING COMPANY, 

INC., et al., 

 Defendants. 

)

)

)

)

)

)

)

)

)

)

CIVIL ACTION NO. 

1:06CV774-MHT 

NOTICE CONCERNING SETTLEMENT CONFERENCE AND MEDIATION

Plaintiffs Joelsongs, et al., submit this Notice Concerning Settlement Conference and 

Mediation pursuant to Section 3 of the Court’s Scheduling Order dated November 2, 2006. 

In compliance with the deadline established in Section 3 of the Court’s Scheduling Order, 

Counsel for Plaintiffs and counsel for Defendants scheduled a face-to-face settlement conference for 

March 2, 2007, in Plaintiffs’ counsel’s Montgomery office. Unfortunately, due to car trouble, 

Defendants’ counsel was unable to reach Montgomery for the settlement conference. The parties’ 

counsel discussed settlement by telephone on Monday, March 5, 2007, however. That conference 

has not resulted in a settlement. 

Plaintiffs do not believe mediation will be helpful in resolving this case. Defendants have 

not responded with any counter-offer to Plaintiffs’ proposed settlement figure. From the very 

beginning of this case, Plaintiffs’ counsel made repeated settlement overtures to Defendants through 

their counsel, in hopes that early resolution would avoid potentially unnecessary fees and costs in 

this case. Defendants have never offered any money to settle these claims, however. Unfortunately, 

this was not entirely unexpected: Defendants never offered any money to resolve the claims against 

them in the Simpleville Music case either, nor have Defendants taken any steps to satisfy the 

Case 1:06-cv-00774-MHT-SRW Document 21 Filed 03/07/2007 Page 1 of 3
1/1554800.1

2

judgment entered against them in that matter. Plaintiffs’ counsel’s experience with Mr. Mizell in 

the mediation ordered by the Eleventh Circuit in the Simpleville Music case underscores the futility 

of mediation. Accordingly, Plaintiffs do not believe mediation will assist the parties in the 

resolution of this case. 

Dated: March 7, 2007 

Respectfully submitted, 

s/ Dylan C. Black 

Dylan C. Black (ASB-6595-K72D) 

OF COUNSEL: 

James W. Gewin 

BRADLEY ARANT ROSE & WHITE LLP 

1819 Fifth Avenue North 

Birmingham, AL 35203-2199 

(205) 521-8000; Facsimile: (205) 521-8800 

Case 1:06-cv-00774-MHT-SRW Document 21 Filed 03/07/2007 Page 2 of 3
1/1554800.1

3

CERTIFICATE OF SERVICE

I hereby certify that on March 7, 2007, I electronically filed the foregoing 

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

such filing to the following: 

Steve McGowan 

P.O. Box 2101 

Dothan, Alabama 36302 

and I hereby certify that I have mailed by United States Postal Service the document to the 

following non-CM/ECF participants: 

None 

s/ Dylan C. Black 

Dylan C. Black (ASB-6595-K72D)

Bradley Arant Rose & White LLP

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

(205) 521-8000; Facsimile (205) 521-8800 

E-mail: dblack@bradleyarant.com 

Case 1:06-cv-00774-MHT-SRW Document 21 Filed 03/07/2007 Page 3 of 3
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6894

JAMES PATRICK BEAMON,

Petitioner - Appellant,

versus

STATE OF MARYLAND,

Respondent - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.

(CA-96-2943-JFM)

Submitted: September 11, 1997 Decided: September 23, 1997

Before RUSSELL, MURNAGHAN, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

James Patrick Beamon, Appellant Pro Se. Annabelle Louise Lisic,

OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* For the purposes of this appeal we assume that the date Appellant

wrote on the notice of appeal is the earliest date it would have

been submitted to prison authorities. See Houston v. Lack, 487 U.S.

266 (1988).

2

PER CURIAM:

Appellant filed an untimely notice of appeal. We dismiss the

appeal for lack of jurisdiction. The time periods for filing

notices of appeal are governed by Fed. R. App. P. 4. These periods

are "mandatory and jurisdictional." Browder v. Director, Dep't of

Corrections, 434 U.S. 257, 264 (1978) (quoting United States v.

Robinson, 361 U.S. 220, 229 (1960)). Parties to civil actions have

thirty days within which to file in the district court notices of

appeal from judgments or final orders. Fed. R. App. P. 4(a)(1). The

only exceptions to the appeal period are when the district court

extends the time to appeal under Fed. R. App. P. 4(a)(5) or reopens

the appeal period under Fed. R. App. P. 4(a)(6).

The district court entered its order on April 30, 1997; Appellant's notice of appeal was filed on June 17, 1997, which is beyond

the thirty-day period. Appellant's failure to file a timely notice

of appeal* or to obtain either an extension or a reopening of the

appeal period leaves this court without jurisdiction to consider

the merits of Appellant's appeal. We therefore deny a certificate

of appealability and dismiss the appeal. We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
#### George A. Bosomburg, Appellant, v. Birk Brothers Brewing Company, Appellee.

Gen. No. 41,057.

*581opinion filed October 1, 1940.

George A. Bosomburg *pro se;*Henry L. Phoenix for appellee; Richard C. Murphy, of counsel.

Opinion by

Justice Matchett.

Not to be published in full.
§ 590.304 Protests and answers. ( a ) Any person objecting to an application filed under § 590.201 of this part or to any action taken by FE under this part may file a protest. No particular form is required. The protest shall identify the person filing the protest, the application or action being objected to, and provide a concise statement of the reasons for the protest.
( b ) The filing of a protest, without also filing a motion to intervene or a notice of intervention, shall not make the person filing the protest a party to the proceeding.
( c ) A protest shall be made part of the official FE docket file in the proceeding and shall be considered as a statement of position of the person filing the protest, but not as establishing the validity of any assertion upon which the decision would be based.
( d ) Protests shall be served on the applicant and all parties by the person filing the protest. If the person filing the protest is unable to provide service on any person identified as a party to the proceeding after a good faith effort, then FE shall effect service. However, when the parties are not known, service requirements may be met by serving a copy on the applicant and on FE as provided in § 590.107(b).
( e ) Protests may be filed at any time following the filing of an application, but no later than the date fixed for filing protests in the applicable FE notice or order, unless a later date is permitted by the Assistant Secretary for good cause shown.
( f ) Any party may file an answer to a protest but such answer must be filed within fifteen (15) days after the protest was filed, unless a later date is permitted by the Assistant Secretary for good cause shown.
[54 FR 53531, Dec. 29, 1989; 55 FR 14916, Apr. 19, 1990]
# EUR-Lex - 31974D0005 - EN

Avis juridique important

*|*

# 31974D0005

**74/5/EEC: Commission Decision of 6 December 1973 exempting the Kingdom of Denmark from applying to certain species the Council Directive of 14 June 1966 concerning the marketing of cereal seed (Only the Danish text is authentic) **

*
Official Journal L 012 , 15/01/1974 P. 0013 - 0013 *

COMMISSION DECISION of 6 December 1973 exempting the Kingdom of Denmark from applying to certain species the Council Directive of 14 June 1966 concerning the marketing of cereal seed (Only the Danish text is authentic) (74/5/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community;

Having regard to the Council Directive of 14 June 1966 (1) concerning the marketing of cereal seed, as last amended by the Council Directive of 6 December 1972 (2), and in particular Article 23bis thereof;

Having regard to the request made by the Kingdom of Denmark;

Whereas rice and spelt wheat are not cultivated in the Kingdom of Denmark ; whereas the seeds of these species are no longer propagated or marketed there;

Whereas these conditions have held for sometime it is appropriate to exempt the Kingdom of Denmark from applying the provisions of the Directive to the species in question;

Whereas the measures provided for in this Decision are in accordance with the Opinion of the Standing Committee on seeds and Propagating Material for Agriculture, Horticulture and Forestry,

HAS ADOPTED THIS DECISION:

Article 1

The Kingdom of Denmark is exempted from applying the Council Directive of 14 June 1966 concerning the marketing of cereal seed, with the exception of the provisions of Article 14 paragraph 1, to the species listed below: >PIC FILE= "T9000675">

Article 2

This Decision is addressed to the Kingdom of Denmark.

Done at Brussels, 6 December 1973.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No L 125, 11.7.1966, p. 2309/66. (2)OJ No L 287, 26.12.1972, p. 22.
#### § 590.401 Orders to show cause.

A proceeding under this part may commence upon the initiative of the Assistant Secretary or in response to an application by any person requesting FE action against any other person alleged to be in contravention or violation of any authorization, statute, rule, order, or law administered by FE applicable to the import or export of natural gas, or for any other alleged wrong involving importation or exportation of natural gas over which FE has jurisdiction. Any show cause order issued shall identify the matters of interest or the matters complained of that the Assistant Secretary is inquiring about, and shall be deemed to be tentative and for the purpose of framing issues for consideration and decision. The respondent named in the order shall respond orally or in writing, or both, as required by the order. A show cause order is not a final opinion and order.
H. Res. 695 

In the House of Representatives, U. S., 

January 16, 2018. 

Resolved, That the following named Member be, and is 

hereby, elected to the following standing committee of the 

House of Representatives: 

COMMITTEE ON WAYS AND MEANS: Mr. LaHood. 

Attest: 

Clerk.