alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ALD-382 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 16-3092

___________

IN RE: MONTEZ M. BOWENS,

Petitioner

____________________________________

On a Petition for Writ of Mandamus from the

United States District Court for the Eastern District of Pennsylvania

(Related to E.D. Pa. No. 2-14-cv-02689)

____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.

August 18, 2016

Before: AMBRO, SHWARTZ and NYGAARD, Circuit Judges

(Filed: August 22, 2016)

_________

OPINION*

_________

PER CURIAM

Montez Bowens has filed a petition for a writ of mandamus seeking an order 

directing the District Court to act on “pending motions.” For the reasons below, we will 

dismiss the petition as moot.

In May 2014, Montez Bowens filed a civil rights complaint against several 

defendants. He subsequently amended the complaint. By order entered June 15, 2016, 

 

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not 

constitute binding precedent.
2

the District Court granted a motion to dismiss filed by those defendants designated as 

“the Graterford defendants.” Bowens filed a notice of appeal from that order. By order 

entered June 23, 2016, the District Court granted the summary judgment motion of the 

remaining defendants, Dr. Bratton and Dr. Martinez. Bowens has not filed an appeal 

from that order.

In his mandamus petition dated July 5, 2016, Bowens seeks an order directing the 

District Court to act upon what he believes are pending motions. He asserts that the 

District Court dismissed his amended complaint without ruling on these motions. It 

appears that he is referring to his oppositions to the motion to dismiss and motion for 

summary judgment. However, these filings were resolved when the District Court 

granted the motions to dismiss and for summary judgment. In its orders, the District 

Court noted that Bowen’s oppositions to the motions were before it. That Bowen labeled 

his oppositions as “opposition motions” did not require the District Court to explicitly

deny them.1

The writ of mandamus will issue only in extraordinary circumstances. See Sporck 

v. Peil, 759 F.2d 312, 314 (3d Cir. 1985). As a precondition to the issuance of the writ, 

the petitioner must establish that there is no alternative remedy or other adequate means 

to obtain the desired relief, and the petitioner must demonstrate a clear and indisputable 

right to the relief sought. Kerr v. U.S. Dist. Court, 426 U.S. 394, 403 (1976).

 

1

In his opposition “motions,” Bowen requested that the District Court deny the 

defendant’s motions. He did not request any additional relief.
3

Because the District Court has resolved the motions for which Bowens seeks a 

ruling, there is no effective relief we can grant him, and his request is moot. See In re 

Cantwell, 639 F.2d 1050, 1053 (3d Cir. 1981) (“[A]n appeal will be dismissed as moot 

when events occur during the pendency of the appeal which prevent the appellate court 

from granting any effective relief.”) Accordingly, we will dismiss the mandamus petition 

as moot.
# Table2

Table 2. Geochemical analyses of soil samles collected in 2007, by element and method of analysis, lower Rio Grande valley, Texas - Continued.		

Table 2. Geochemical analyses of soil samles collected in 2007, by element and method of analysis, lower Rio Grande valley, Texas.		

# Sheet2

# Sheet3
Meeting attendees: [CAMD -- EPA's Clean Air Markets Division]

Sam Napolitano [CAMD, Division Director] Michael Cohen [CAMD, Environmental Scientist] Jay Hudson, P.E. [Manager, Environmental Management, Santee Cooper] Janet Anderson [Senior Technology a nd Policy Advisor, VanNess Feldman]

On May 16, 2011 representatives of Santee Cooper and the Large Public Power Council met with representatives of EPA's Clean Air Markets Divi sion (CAMD) between 3:00 and 3:30 EST at EPA's 1310 L Street offices. At this meeting Santee Cooper and a representative for Santee Cooper and the Large Public Power Council went over Santee Cooper's comments on the NODA to the Proposed Transport Rule submitted February 4, 2011 and the Large Public Power Council's comments on the Proposed Transport Rule submitted October 1, 2010. No new comments were submitted.
Exhibit
32.1








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 Annual Report of Astea International Inc. (the “Company”) on
Form 10-K for the period ending December 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Zack Bergreen,
Chief Executive Officer and Principal Executive Officer of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the
      Company.

















/s/Zack BergreenZack
      BergreenChief
      Executive Officer(Principal
      Executive Officer)March
      25, 2010











81
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS**

 

We consent to the incorporation by reference in the Registration Statements(Form S-3 Nos. 333-39618 and 333-62685) of SportsLine.com, Inc. and in the related Prospectus, and in the Registration Statements (Form S-8 Nos. 333-43746, 333-46021, 333-46023, 333-46029, 333-57821, 333-33650 and 333-33654) pertaining to theSportsLine.com, Inc. 1997 Incentive Compensation Plan, 1997 Employee Stock Purchase Plan and 1995 Stock Option Plan and certain other options and warrants, of our report dated January 30, 2004 (except for the 12th paragraph of Note 12, as to which the date is February 26, 2004), with respect to the consolidated financial statements of SportsLine.com, Inc.included in this Annual Report (Form 10-K) for the year ended December 31, 2003. 

 

/S/ Ernst & Young LLP 

 

Ft. Lauderdale, Florida 

March 24, 2004
[Nos. 37025-1-I; 38048-6-I.

Division One.

October 27, 1997.]

#### The State of Washington, *Respondent,*v. Vance E. McGee, *Appellant.*

Appeals from a judgment of the Superior Court for King County, No. 94-1-08451-4, Sally Phillips Pasette, J., entered July 31, 1995. *Affirmed*by unpublished opinion per Becker, J., concurred in by Coleman and Ellington, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          MAY-31-1997             MAY-31-1997
<PERIOD-END>                                MAR-1-1997              MAR-1-1997
<CASH>                                         282,949                 282,949
<SECURITIES>                                         0                       0
<RECEIVABLES>                                2,124,161               2,124,161
<ALLOWANCES>                                         0                       0
<INVENTORY>                                  1,214,404               1,214,404
<CURRENT-ASSETS>                             4,288,763               4,288,763
<PP&E>                                       4,935,969               4,935,969
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                              10,714,874              10,714,874
<CURRENT-LIABILITIES>                        2,466,999               2,466,999
<BONDS>                                      2,994,286               2,994,286
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        15,123                  15,123
<OTHER-SE>                                   2,846,221               2,846,221
<TOTAL-LIABILITY-AND-EQUITY>                10,714,874              10,714,874
<SALES>                                      6,054,141              18,069,872
<TOTAL-REVENUES>                             6,054,141              18,069,872
<CGS>                                        5,148,576              15,366,732
<TOTAL-COSTS>                                6,546,350              19,644,868
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             176,198                 539,757
<INCOME-PRETAX>                              (668,407)             (2,114,753)
<INCOME-TAX>                                         0                 447,000
<INCOME-CONTINUING>                          (668,407)             (1,667,753)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (668,407)             (1,667,753)
<EPS-PRIMARY>                                   (0.44)                  (1.11)
<EPS-DILUTED>                                   (0.44)                  (1.11)
        



</TABLE>
### Water resources in the vicinity of municipalities on the western Mesabi Iron Range, northeastern Minnesota

By: R. D. CotterH. L. YoungL. R. PetriC. H. Prior

                            https://doi.org/10.3133/wsp1759B

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- Superseded Publications:
                                        Water resources in the vicinity of municipalities on the Western Mesabi Iron Range, northeastern Minnesota(1963)                                    

- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Additional supplies of water are available near the municipalities on the western Mesabi Iron Range. Potential yields from both ground-water and surface-water sources are good. The most productive aquifers for ground-water supplies are the Biwabik Iron-Formation and the stratified glacial drift. Areas of stratified drift believed to have good water potential have been outlined. The most abundant surface-water supplies in the area of this report are from the Mississippi River and its tributaries.

The ground water is generally hard and has a high concentration of iron and manganese. The surface water is generally high in iron and is colored. Analyses of water from many sources are included.

Data from many wells and test holes are given as are flow data for two discharge stations.

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
Editorial Note on Part 173
Editorial Note: Nomenclature changes to part 173 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; and 81 FR 49896, July 29, 2016.

§ 173.135 Catalase derived from *Micrococcus lysodeikticus.* Bacterial catalase derived from *Micrococcus lysodeikticus* by a pure culture fermentation process may be safely used in destroying and removing hydrogen peroxide used in the manufacture of cheese, in accordance with the following conditions. ( a ) The organism *Micrococcus lysodeikticus* from which the bacterial catalase is to be derived is demonstrated to be nontoxic and nonpathogenic.
( b ) The organism *Micrococcus lysodeikticus* is removed from the bacterial catalase prior to use of the bacterial catalase.
( c ) The bacterial catalase is used in an amount not in excess of the minimum required to produce its intended effect.
* 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.

UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 99-41128

(Summary Calendar)

_________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROQUE DeJESUS-MEJIA,

Defendant - Appellant.

Appeal from the United States District Court

For the Southern District of Texas

District Court Number B-99-CR-129-1

June 26, 2000

Before JOLLY, DAVIS, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Roque DeJesus-Mejia appeals his conviction for illegal reentry into the United States in

violation of 8 U.S.C. § 1326 (a) and (b). As he concedes, we have previously rejected both of his

appellate arguments. His argument that the district court erred when it denied his motion to dismiss
-2-

his indictment because his prior removal was in violation of due process of law is foreclosed by our

decision in United States v. Benitez-Villafuerte, 186 F.3d 651, 658-60 (5th Cir. 1999), cert. denied,

120 S. Ct . 838 (2000). His argument that the indictment was defective because it failed to allege

specific intent to commit the offense with which he is charged isforeclosed by our decision in United

States v. Ortegon-Uvalde, 179 F.3d 956, 959 (5th Cir.), cert. denied, 120 S. Ct. 433 (1999). 

AFFIRMED.
Editorial Note on Part 184
Editorial Note: Nomenclature changes to part 184 appear at 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 69 FR 13717, Mar. 24, 2004; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; and 81 FR 49897, July 29, 2016.

§ 184.1095 Sulfuric acid. ( a ) Sulfuric acid (H2SO4, CAS Reg. No. 7664-93-9), also known as oil of vitriol, is a clear, colorless, oily liquid. It is prepared by reacting sulfur dioxide (SO2) with oxygen and mixing the resultant sulfur trioxide (SO3) with water, or by reacting nitric oxide (NO) with sulfur dioxide and water.
( b ) The ingredient meets the specifications of the “Food Chemicals Codex,” 3d Ed. (1981), pp. 317-318, which is incorporated by reference. Copies may be obtained from the National Academy Press, 2101 Constitution Ave. NW., Washington, DC 20418, or may be examined at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
( c ) The ingredient is used as a pH control agent as defined in § 170.3(o)(23) of this chapter and processing aid as defined in § 170.3(o)(24) of this chapter.
( d ) The ingredient is used in food at levels not to exceed good manufacturing practice in accordance with § 184.1(b)(1). Current good manufacturing practice results in a maximum level, as served, of 0.014 percent for alcoholic beverages as defined in § 170.3(n)(2) of this chapter and 0.0003 percent for cheeses as defined in § 170.3(n)(5) of this chapter.
( e ) Prior sanctions for this ingredient different from the uses established in this section do not exist or have been waived.
[45 FR 6085, Jan. 25, 1980, as amended at 49 FR 5611, Feb. 14, 1984]
<PAGE>   1
                                                                   EXHIBIT 23.11


                   [LETTERHEAD DONALDSON, LUFKIN & JENRETTE]

                                                  January 22, 1998


Board of Directors
Food 4 Less Holdings, Inc.
Compton, California



     We hereby consent to the inclusion of our opinion letter, dated November 6,
1997, to the Board of Directors of Food 4 Less Holdings, Inc. ("Food 4 Less") as
an Annex to the Joint Proxy Statement/Prospectus of the Fred Meyer, Inc. ("Fred
Meyer") Registration Statement on Form S-4 relating to the merger of Fred Meyer
and Food 4 Less. In giving such consent, we do not admit that we come within the
category of persons whose consent is required under, and we do not admit that we
are "experts" for purposes of, the Securities Act of 1933, as amended, and the
rules and regulations promulgated thereunder.

                                                  DONALDSON, LUFKIN & JENRETTE
                                                     SECURITIES CORPORATION


                                                  BY: /s/ MICHAEL CONNOLLY
                                                      --------------------
                                                  Name:  Michael Connolly
                                                  Title: Vice President
I 

118TH CONGRESS 

1ST SESSION H. R. 734 

To amend the Education Amendments of 1972 to provide that for purposes 

of determining compliance with title IX of such Act in athletics, sex 

shall be recognized based solely on a person’s reproductive biology and 

genetics at birth. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2023 

Mr. STEUBE (for himself, Ms. TENNEY, Ms. FOXX, Mr. WITTMAN, Mr. WEBSTER of Florida, Mr. BALDERSON, Mr. BUCK, Mrs. WAGNER, Mr. CARTER of Georgia, Mr. GAETZ, Mrs. MILLER-MEEKS, Mr. SMITH of Missouri, Mr. ELLZEY, Mr. GRIFFITH, Mr. LAMALFA, and Mr. CARL) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Education Amendments of 1972 to provide 

that for purposes of determining compliance with title 

IX of such Act in athletics, sex shall be recognized based 

solely on a person’s reproductive biology and genetics 

at birth. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protection of Women 

5 and Girls in Sports Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 734 IH

1 SEC. 2. AMENDMENT. 

2 Section 901 of the Education Amendments of 1972 

3 (20 USC 1681) is amended by adding at the end the fol4 lowing: 

5 ‘‘(d)(1) It shall be a violation of subsection (a) for 

6 a recipient of Federal financial assistance who operates, 

7 sponsors, or facilitates athletic programs or activities to 

8 permit a person whose sex is male to participate in an 

9 athletic program or activity that is designated for women 

10 or girls. 

11 ‘‘(2) For the purposes of this subsection, sex shall 

12 be recognized based solely on a person’s reproductive biol13 ogy and genetics at birth. 

14 ‘‘(3) Nothing in this subsection shall be construed to 

15 prohibit a recipient from permitting males to train or 

16 practice with an athletic program or activity that is des17 ignated for women or girls so long as no female is deprived 

18 of a roster spot on a team or sport, opportunity to partici19 pate in a practice or competition, scholarship, admission 

20 to an educational institution, or any other benefit that ac21 companies participating in the athletic program or activ22 ity.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
§ 520.1453 Moxidectin and praziquantel gel. ( a ) *Specifications.* Each milliliter of gel contains 20 milligrams (mg) (2.0 percent) moxidectin and 125 mg (12.5 percent) praziquantel.
( b ) *Sponsor.* See No. 054771 in § 510.600(c) of this chapter.
( c ) *Special considerations.* See § 500.25 of this chapter.
( d ) *Conditions of use in horses and ponies* — ( 1 ) *Amount.* Administer by mouth as a single dose: 0.4 mg moxidectin per kilogram and 2.5 mg praziquantel per kilogram (2.2 pounds) body weight.
( 2 ) *Indications for use.* For the treatment and control of large strongyles: *Strongylus vulgaris* (adults and L4/L5 arterial stages), *S.* *edentatus* (adult and tissue stages), *Triodontophorus brevicauda* (adults), and *T.* *serratus* (adults); small strongyles (adults): (*Cyathostomum* spp., including *C. catinatum* and *C. pateratum*; *Cylicocyclus* spp., including *C. insigne, C. leptostomum, C. nassatus*, and *C. radiatus*; *Cylicostephanus* spp., including *C. calicatus, C. goldi, C. longibursatus,* and *C. minutus*; *Coronocyclus* spp., including *C. coronatus, C. labiatus,* and *C. labratus*; *Gyalocephalus capitatus*; and *Petrovinema poculatus*; small strongyles: undifferentiated lumenal larvae; encysted cyathostomes (late L3 and L4 mucosal cyathostome larvae); ascarids: *Parascaris equorum* (adults and L4 larval stages); pinworms: *Oxyuris equi* (adults and L4 larval stages); hairworms: *Trichostrongylus axei* (adults); large-mouth stomach worms: *Habronema muscae* (adults); horse stomach bots: *Gasterophilus intestinalis* (2nd and 3rd instars) and *G.* *nasalis* (3rd instars); and tapeworms: *Anoplocephala perfoliata* (adults). One dose also suppresses strongyle egg production for 84 days.
( 3 ) *Limitations.* Do not use in horses intended for human consumption.
[68 FR 51446, Aug. 27, 2003, as amended at 69 FR 21956, Apr. 23, 2004; 70 FR 75017, Dec. 19, 2005; 78 FR 28825, May 20, 2014]
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00096-CV

Keith M. Jensen, P.C.

v.

Roger M. Briggs, Jr.

§

§

§

§

From the 48th District Court

of Tarrant County (48-183100-00)

March 26, 2015

Opinion by Justice Gardner

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

It is further ordered that Appellant Keith M. Jensen, P.C. shall pay all of the 

costs of this appeal, for which let execution issue.

SECOND DISTRICT COURT OF APPEALS 

By __/s/ Anne Gardner________________

 Justice Anne Gardner