alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals Fifth Circuit 

## FILED August 12, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-10190

LUCINDA G MILLER; ELAINE KING-MILLER Plaintiffs-Appellees versus TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER Defendant-Appellant

- - - - - Appeal from the United States District Court for the

North District of Texas

- - - - - ON PETITION FOR REHEARING EN BANC (Opinion May 13, 2003, 5 Cir., 2003,

_____ F.3d

____ ) (August 12, 2003) BEFORE: KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES,

SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT and PRADO, Circuit Judges. BY THE COURT:

A member of the Court in active service having requested a poll on the petition for rehearing en banc and a majority of the judges in active service having voted in favor of granting a rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the court en banc. No decision has yet been made with respect tooral argument. The Clerk will specify a briefing schedule for

the filing of supplemental briefs.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 6734** 

WARREN BANKS , Petitioner

- Appellant ,
v. GENE M. JOHNSON, Director of the Department of Corrections , Respondent

- Appellee
.

Appeal from the United States D istrict Court for the Eastern District of Virginia , at Alexandria
. Leonie M. Brinkema , District Judge. ( 1:10

- cv - 00186

- LMB

- IDD )

Submitted : August 26, 2010 Decided: September 3, 2010

Before KING and DUNCAN, Circuit Judges , and HAMILTON, Senior Circ uit Judge
.
Dismissed by un published per curiam opinion
. Warren Banks, Appellant Pro Se
. Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Warren Banks seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C.
§ 2253(c)(1) (2006) . A certificate of appealability will not issue absent “a substantial showing of the den ial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constit utional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositiv e procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Banks has not made the requisite showing.
Ac cordingly, we 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 materials3 before th e court and argument would not aid the decisional
process. DISMISSED
1

The Honorable Patrick A. Conmy, United States District Judge for the District

of North Dakota, sitting in the District of Minnesota.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 10-1349

___________

Steven M. Maus, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* District of Minnesota.

Brian N. Toder and *

Chestnut & Cambronne, P.A., * [UNPUBLISHED]

*

Appellees. *

___________

Submitted: October 18, 2010

Filed: October 25, 2010

___________

Before RILEY, Chief Judge, BYE and MELLOY, Circuit Judges.

___________

PER CURIAM.

Steven M. Maus appeals the district court's1

 grant of summary judgment in

favor of Brian N. Toder and Chestnut & Cambronne, P.A. We affirm.

The dispute giving rise to this action is an attorney's lien for unpaid attorney

fees in the amount of $81,778.93 held by the appellees on Maus's partnership

dissolution trust account. After a state court entered judgment for the lien and the
-2-

Minnesota Court of Appeals affirmed the judgment, Maus v. Galic, No. A06-1183,

2007 WL 1248160, at *2 (Minn. Ct. App. May 1, 2007), Maus brought this action in

federal court seeking an accounting; he also stated claims for usury, breach of

fiduciary duty, and an alleged violation of the Truth in Lending Act (TILA), 15 U.S.C.

§§ 1601-1667f. The district court concluded the claim for an accounting was barred

by the doctrine of collateral estoppel because of determinations made in the Minnesota

state court proceedings; the district court further concluded the claims for usury,

breach of fiduciary duty, and the alleged TILA violation either failed on the merits or

were time-barred. Maus v. Toder, 681 F. Supp. 2d 1007, 1013-19 (D. Minn. 2010).

Having carefully reviewed the record de novo, as well as the parties' briefs, we

affirm for the reasons stated by the district court in its thorough and well-reasoned

decision. See 8th Cir. R. 47B.

______________________________
AMENDMENT TO SECOND RESTATED AGREEMENT FOR WHOLESALE FINANCING


        This  Amendment to Second  Restated  Agreement for  Wholesale  Financing
("Amendment") is made by and between MICROAGE COMPUTER CENTERS,  INC.  ("MCCI"),
MICROAGE  LOGISTICS  SERVICES,  INC. ("MLS"),  and DEUTSCHE  FINANCIAL  SERVICES
CORPORATION ("DFS") as of the 31st day of October, 1997.

        WHEREAS,  DFS,  MCCI and MLS entered into that certain  Second  Restated
Agreement  for Wholesale  Financing  dated as of August 3, 1995, as amended (the
"AWF");

        WHEREAS, DFS, MCCI and MLS desire to amend the AWF as provided herein.

        NOW, THEREFORE,  for and in consideration of the premises, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged,  DFS, MCCI and MLS agree as follows  (except as otherwise  defined
herein,  all capitalized terms will have the same meanings set forth in the AWF,
and all references to MCCI shall be deemed  references to MCCI and MLS,  jointly
and severally):

        1.  Section  10(d) of the AWF is  hereby  amended  and  restated  in its
        entirety to read as follows:

                "(d) The  Consolidated  Group shall at all times maintain,  on a
                consolidated basis, a ratio of (i) the sum of (A) current assets
                plus (B) the  Outstanding  Balance of all Sold  Receivables,  to
                (ii) the sum of (C) current liabilities plus (D) that portion of
                the Outstanding  Balance of all Sold Receivables  which MCCI and
                its  affiliates   have  elected  to  receive  if  MCCI  and  its
                affiliates  have  received any or all of the amount due prior to
                Collection of such Sold Receivables by DFS pursuant to the third
                sentence of Section 2.1.B of the Purchase Agreement, of not less
                than 1.0 to 1."

        2. Except as expressly  modified or amended herein,  all other terms and
        provisions  of  the  AWF,   including  without   limitation  all  letter
        agreements regarding interest charges, fees and other amounts payable to
        DFS in  connection  with  the AWF,  to the  extent  consistent  with the
        foregoing,  will remain  unmodified and in full force and effect and the
        AWF, as hereby amended, is ratified and confirmed by DFS, MCCI and MLS.


        IN WITNESS WHEREOF, DFS, MCCI and MLS have executed this Amendment as of
the date and year first above written.


MICROAGE COMPUTER CENTERS, INC.         DEUTSCHE FINANCIAL SERVICES CORPORATION

By: /s/ James R. Daniel                 By:  /s/ Stephen H. Patyk
   ---------------------------             ------------------------------
Title:  Treasurer                       Title:  Area General Manager
      ------------------------                ---------------------------

MICROAGE LOGISTICS SERVICES, INC.

By: /s/ James R. Daniel
   ---------------------------
Title:  Treasurer
      ------------------------
§ 582.5890 Tocopherols. ( a ) *Product.* Tocopherols.
( b ) *Conditions of use.* This substance is generally recognized as safe when used in accordance with good manufacturing or feeding practice.
# C_2016048EN.01009502.xml

| 8.2.2016 | EN | Official Journal of the European Union | C 48/95 |
| --- | --- | --- | --- |

8.2.2016

EN

Official Journal of the European Union

C 48/95

---

Judgment of the Civil Service Tribunal (Third Chamber) of 15 December 2015 — Guittet v Commission

(Case F-141/14) (1)

1

((Civil service - Former official - Social security - Payment of medical expenses - Management of the medical file by the Commission - Principle of sound administration and the duty to have regard for the welfare of officials - Non-contractual liability of the European Union))

(2016/C 048/108)

Language of the case: French

Parties

Parties

Applicant: Christian Guittet (Cannes, France) (represented by: L. Levi and A. Tymen, lawyers)

Applicant:

Defendant: European Commission (represented by: initially J. Currall and T. S. Bohr, acting as Agents, and C. Mélotte, lawyer, and subsequently by T.S. Bohr, acting as Agent, and C. Mélotte, lawyer)

Defendant:

Re:

Re:

Action for annulment of the decision rejecting the claim for damages due to an administrative fault committed by the Commission, responsible for the medical file of the applicant, who was the victim of a serious accident, and the claim for damages for the material and non-material damage allegedly suffered.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Declares that Mr Guittet shall bear his own costs and orders him to pay the costs incurred by the European Commission. |
| --- | --- |

2.

Declares that Mr Guittet shall bear his own costs and orders him to pay the costs incurred by the European Commission.

---

(1)  OJ C 89, 16.3.2015, p. 46.

1

---
<PAGE>   1


                                                                    EXHIBIT 21.1




                         SUBSIDIARIES OF THE REGISTRANT



<TABLE>
<CAPTION>
Name                                Country of Incorporation
----                                ------------------------
<S>                                 <C>
WebTrends FSC Inc.                  Barbados
</TABLE>
<PAGE>


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 on Form 10-K of M & F Worldwide Corp. (the
"Company") for the year ended December 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Howard Gittis, Chief
Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of my knowledge:


         (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/ Howard Gittis
----------------------
Howard Gittis
Chief Executive Officer
March 15, 2004
# C_2015007EN.01005402.xml

| 12.1.2015 | EN | Official Journal of the European Union | C 7/54 |
| --- | --- | --- | --- |

12.1.2015

EN

Official Journal of the European Union

C 7/54

---

Action brought on 17 October 2014 — ZZ and Others v Commission

(Case F-111/14)

(2015/C 007/67)

Language of the case: French

Parties

Parties

Applicant: ZZ and Others (represented by: T. Bontinck and A. Guillerme, lawyers)

Applicant:

Defendant: Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

The declaration that Article 45 of the Staff Regulations and Annex I thereto, together with the corresponding transitional provisions, are unlawful and annulment of the decisions of the Appointing Authority relating to the promotion of the eight applicants, who are grade AST 9 officials, in the context of the 2014 annual promotion exercise.

Form of order sought

Form of order sought

| — | Principally: declare Article 45 of the Staff Regulations and Annex I thereto, together with the corresponding transitional provisions, unlawful; |
| --- | --- |

—

Principally: declare Article 45 of the Staff Regulations and Annex I thereto, together with the corresponding transitional provisions, unlawful;

| — | annul the decisions of the Appointing Authority, of an individual and of a general scope, to block any possibility of promotion concerning the applicants, as grade AST 9 officials, in the context of the 2014 annual promotion exercise; |
| --- | --- |

—

annul the decisions of the Appointing Authority, of an individual and of a general scope, to block any possibility of promotion concerning the applicants, as grade AST 9 officials, in the context of the 2014 annual promotion exercise;

| — | order the Commission to pay the costs; |
| --- | --- |

—

order the Commission to pay the costs;

| — | in the alternative: annul the decisions of the Appointing Authority, of an individual and of a general scope, to block any possibility of promotion concerning the applicants, as grade AST 9 officials, in the context of the 2014 annual promotion exercise; |
| --- | --- |

—

in the alternative: annul the decisions of the Appointing Authority, of an individual and of a general scope, to block any possibility of promotion concerning the applicants, as grade AST 9 officials, in the context of the 2014 annual promotion exercise;

| — | order the Commission to pay the costs. |
| --- | --- |

—

order the Commission to pay the costs.

---
ack-casting of RE rates 

ry Nudd to: Marty Robin 081261201 0 04:35 PM ... ~~-w:.w<~-%e%m.>,w-m.*~,m*<T~\" 

Poppen email. 

----- Forwarded by Gregory NuddlR9IUSEPAIUS on 08/26/2010 04:35 PM ----- 

From: Matthew Poppen - AQDX <MPoppen@mail.maricopa.gov> 

To: Gregory NuddlR9IUSEPNUS@EPA 

Cc: Bob Downing - AQDX <BDowning@rnail.rnaricopa.gov> 

Date: 0411 91201 0 02:44 PM 

Subject: Back-casting of RE rates 

GregTable 2 of the attachment shows what the 2005 PEI RE rates would have been if the methodology used 

in the 2008 PEI was applied. Let me know if you have further questions. 

Thanks, 

Matt Poppen 

Air Quality Planner 

Maricopa County Air Quality Department 

Phone: 602-506-6 707 

Fax: 602-506-61 79 

RE 

Summary 

Tables .docx
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, 2012 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)June 7, 2013
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To the Board of Directors and StockholdersAXS-One, Inc.:

We consent to the incorporation by reference in the Registration Statements (Nos. 333-11681, 333-49733, 333-61125, 333-72142, 333-72138, 333-119327 and 333-126554) on Form S-8 and (Nos. 333-49731, 333-115145, 333-126555, and 333-129149) on Form S-3 of AXS-One, Inc. and Subsidiaries of our report dated March  21,  2007, with respect to the consolidated financial statements and the related financial statement schedule as of December  31,  2006 and for the year then ended, which appears in the December  31,  2006 annual report on Form 10-K of AXS-One, Inc. and Subsidiaries.

/s/ Amper, Politziner & Mattia, P.C.

Date: March  21,  2007Edison, New Jersey

----
WESTPORT HOLDINGS

TAMPA, L.P.

,

Petitioner,

v.

STATE OF FLORIDA, EX REL.,

THE DEPARTMENT OF

FINANCIAL SERVICES OF THE

STATE OF FLORIDA

,

Respondent.

___________________________/ IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 15

- 2089

Opinion filed October 6, 2015.

Petition for Writ of Certiorari

– Original Jurisdiction

.

M. Stephen Turner and David K. Miller of Broad & Cassel, Tallahassee , for

Petitioner.

Timothy L. Newhall, Deputy Chief Attorney, Tallahassee , for Respondent.

PER CURIAM.

DISMISSED

.

LEWIS, MAKAR, and WINOKUR , JJ., CONCUR.
# C_2015026EN.01003501.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/35 |
| --- | --- | --- | --- |

26.1.2015

EN

Official Journal of the European Union

C 26/35

---

Order of the President of the General Court of 28 November 2014 — Airport Handling v Commission

(Case T-688/14 R)

((Application for interim measures - State aid - Obligation to recover aid granted by the public operator of an airport to a subsidiary company responsible for management services - Subsidiary company put into liquidation - Setting up of a new company responsible for management services - Commission decision to initiate the State aid formal investigation procedure in order to examine whether there is an economic continuity between the two companies - Application for suspension of operation of a measure - Manifest inadmissibility of the main action - Inadmissibility - Lack of urgency))

Lack of urgency)

(2015/C 026/44)

Language of the case: Italian

Parties

Parties

Applicant: Airport Handling SpA (Somma Lombardo, Italy) (represented by: R. Cafari Panico and F. Scarpellini, lawyers)

Applicant:

Defendant: European Commission (represented by: S. Noë and G. Conte, acting as Agents)

Defendant:

Re:

Re:

Application for interim measures seeking, in essence, suspension of the operation of Commission Decision C (2014) 4537 final of 9 July 2014 to initiate the formal investigation procedure under Article 108(2) TFEU concerning the setting up of the company Airport Handling (SA.21420 (2014/NN) — Italy — Setting up of Airport Handling).

Operative part of the order

Operative part of the order

| 1. | The application for interim measures is rejected. |
| --- | --- |

1.

The application for interim measures is rejected.

| 2. | The Order of 29 September 2014 delivered in Case T-688/14 R is cancelled. |
| --- | --- |

2.

The Order of 29 September 2014 delivered in Case T-688/14 R is cancelled.

| 3. | Costs are reserved. |
| --- | --- |

3.

Costs are reserved.

---
§ 522.1289 Lufenuron. ( a ) *Specifications.* Each milliliter of suspension contains 100 milligrams (mg) of lufenuron.
( b ) *Sponsor.* See No. 058198 in § 510.600(c) of this chapter.
( c ) *Conditions of use in cats* — ( 1 ) *Amount.* 10 mg per kilogram (4.5 mg per pound) of body weight every 6 months, by subcutaneous injection.
( 2 ) *Indications for use.* For control of flea populations in cats 6 weeks of age and older.
( 3 ) *Limitations.* Federal law restricts this drug to use by or on the order of a licensed veterinarian.
[79 FR 16191, Mar. 25, 2014, as amended at 80 FR 61297, Oct. 13, 2015]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel,                           ( print page 9232)                        March 10, 2010, 8 a.m. to March 11, 2010, 6 p.m., Bethesda Marriott, 5151 Pooks Hill Road, Bethesda, MD  20814 which was published in the                     **Federal Register**                     on February 1, 2010, 75 FR 5093.                

This FRN amends the dates of the meeting to May 10-11, 2010. The meeting is closed to the public.

Dated: February 24, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-4184 Filed 2-26-10; 8:45 am]

BILLING CODE 4140-01-P
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Jennifer Ann Larkins-Ruby v. Austin County, Sealy 

Independent School District, and Austin County Emergency 

Services District #1 

Appellate case numbers: 01-21-00496-CV

Trial court case number: 2020V-0165

Trial court: 155th District Court of Austin County

Our opinion and judgment in this appeal issued on December 29, 2022. The Court 

denied appellant Jennifer Larkins-Ruby’s motion for rehearing on January 19, 2023. See 

TEX. R. APP. P. 49.1; see also TEX. R. APP. P. 19.1(b).

Subsequently, Larkins-Ruby filed three documents on January 19 and 23, 2023. 

Each document expressly states that it is not a motion for rehearing. See TEX. R. APP. P.

49.1, 49.4. Ten days have passed without a response from appellees Austin County, Sealy 

Independent School District, and Austin County Emergency Services District #1. See TEX.

R. APP. P. 10.3(a). To the extent these three documents are not motions for rehearing, they 

are denied.

It is so ORDERED.

Judge’s signature: /s/ April L. Farris

 Acting for the Court

Panel consists of: Justices Goodman, Countiss, and Farris.

Date: February 17, 2023
Thursday, Dec 10,2015 02:57PM
| Grantee:                  |   |
|---------------------------|--------|
| Address:                  |   |
|                      |   |
| Number of Awarded Shares: |   |
| Grant Date:               |   |

| Vesting of Awarded Shares: | Date   | No. Shares | Vested % |
|----------------------------|--------|------------|----------|
|                       |   |       | 25%      |
|                       |   |       | 25%      |
|                       |   |       | 25%      |
|                       |   |       | 25%      |

----

----

----

----

----

|   | CEC Entertainment, Inc. |   |
|--------|-------------------------|--------|
|   |                    |   |   |
|   | Name:                   |   |   |
|   |  Title:            |   |   |
|   |  Address           |   |   |
|   |                    |   |   |

----