alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 6473

WAYNE PETROSKI , Plaintiff

- Appellant ,

v. ADRIARRE J. BENNETT, Virginia Parole Board Member; KENNETH STOLLE, Sheriff Virginia Beach Correctional Center , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. Claude M. Hilton, Senior District Judge. ( 1:18

- cv
- 00357

- CMH

- MSN )

Submitted : June 14, 2018 Decided: June 19, 2018

Before TRAXLER , DUNCAN, and WYNN, Circuit Judges.

Affirmed by un published per curiam opinion

.
Wayne Petroski , Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Wayne Petroski appeals from the d istrict court’s order di smissing his civil action
under 42 U.S.C. § 1983 (2012) without prejudice , confining his appeal to the portion of
the order dismissing his claim for monetary damages pursuant to Heck v. Humphrey , 512 U.S. 477, 486

- 87 (1994) (holding that a 42 U.S.C. § 1983 suit for monetary damages is barred if prevailing in the action would necessarily require the plaintiff to prove the
unlawfulness of his conviction or imprisonment )

. * We have reviewed the record and find
no reversible error. Acco rdingly, we affirm for the reasons stated by the district court.
Petroski v. Bennett , No. 1:18

- cv
- 00357

- CMH

- MSN (E.D. Va. Apr. 20, 2018)

. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials bef ore this court and argument would not aid the decisional
process.
AFFIRMED

* We conclude that, although the complaint was dismissed without prejudice, the district court’s order qualifies as a final, appealable order because Petroski could not simply amend the complaint to cure the defect identified. See Goode v. Cent. Va. Legal A id Soc’y, Inc. , 807 F.3d 619, 629

- 30 (4th Cir. 2015) (holding that dismissal without prejudice is not appealable unless “the district court’s grounds for dismissal clearly indicate that no amendment could cure the complaint’s defects”).
<PAGE>
                                                                    EXHIBIT 4.11

                             SUPPLEMENTAL INDENTURE

         THIS SUPPLEMENTAL INDENTURE (the "Supplemental Indenture") is executed
as of this 1st day of August, 2002, by Matria Healthcare, Inc. ("Matria") and
Wells Fargo Bank Minnesota, N.A., as Trustee (the "Trustee").

         WHEREAS, Matria, as issuer (the "Issuer") and certain of its
wholly-owned subsidiaries have heretofore entered into an Indenture, dated as of
July 9, 2001 (the "Original Indenture"), with the Trustee pursuant to which the
Trustee acts as trustee for the Holders of the Issuer's 11% Senior Notes due
2008;

         WHEREAS, Section 8.01 of the Original Indenture permits the Issuer and
the Trustee to supplement the Original Indenture without consent of any Holder
for the purpose of curing any ambiguity, defect or inconsistency.

         NOW THEREFORE, in consideration of the agreements and obligations set
forth herein and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the parties hereto agree as follows.

         Section 1.        Definitions. All capitalized terms used in this
Supplemental Indenture not defined herein shall have the meanings ascribed to
them in the Original Indenture.

         Section 2.        Indebtedness. The definition of Indebtedness in
Section 1.01 of the Original Indenture is hereby amended and supplemented by
this Supplemental Indenture to provide that an obligation of any Person to issue
common stock of such Person for any purpose is not "Indebtedness" within the
meaning of the Indenture.

         Section 3.        Counterparts. This Supplemental Indenture may be
executed in any number of counterparts, each of which shall be deemed an
original, but of all which together shall constitute one and the same document.

         Section 4.        Governing Law. This Supplemental Indenture shall be
governed by and construed in accordance with the laws of the State of New York,
without regard to the principles of conflicts of laws.

                            [signature pages follow]


<PAGE>

         IN WITNESS WHEREOF, Matria Healthcare, Inc. has caused this
Supplemental Indenture to be duly executed all as of the date and year first
above written.


                                      MATRIA HEALTHCARE, INC.



                                      By:
                                         ----------------------------------
                                         Name:  Parker H. Petit
                                         Title: President



                                      By:
                                         ----------------------------------
                                         Name:  Roberta L. McCaw
                                         Title: Secretary

This Supplemental Indenture is hereby acknowledged
and accepted this ______ day of August, 2002 by
WELLS FARGO BANK MINNESOTA, N.A., as Trustee



By:
   ---------------------------------
   Name: ---------------------------
   Title: --------------------------


                                       2
§ 660.30 Reagent Red Blood Cells. ( a ) *Proper name and definition.* The proper name of the product shall be Reagent Red Blood Cells, which shall consist of a preparation of human red blood cells used to detect or identify human blood-group antibodies.
( b ) *Source.* Reagent Red Blood Cells shall be prepared from human peripheral blood meeting the criteria of §§ 660.31 and 660.32 of this chapter, or from umbilical cord cells which shall be collected and prepared according to the manufacturer's biologics license application.
[52 FR 37450, Oct. 7, 1987, as amended at 64 FR 56454, Oct. 20, 1999]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-1783

FREDERICK E. MELVIN,

Plaintiff - Appellant,

versus

THE KELLY SPRINGFIELD TIRE CORPORATION,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-99-599-5-BO)

Submitted: October 12, 2000 Decided: October 18, 2000

Before WILLIAMS and MOTZ, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Frederick E. Melvin, Appellant Pro Se. Richard M. Wiggins, MCCOY,

WEAVER, WIGGINS, CLEVELAND & RAPER, Fayetteville, North Carolina,

for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Frederick E. Melvin appeals the district court’s order granting the Defendant’s motion for summary judgment on his employment

discrimination complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. See Melvin v.

Kelly Springfield Tire Corp., No. CA-99-599-5-BO (E.D.N.C. May 5,

2000). 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.

AFFIRMED
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.1340 Catheter introducer. ( a ) *Identification.* A catheter introducer is a sheath used to facilitate placing a catheter through the skin into a vein or artery.
( b ) *Classification.* Class II (performance standards).
§ 876.5955 Peritoneo-venous shunt. ( a ) *Identification.* A peritoneo-venous shunt is an implanted device that consists of a catheter and a pressure activated one-way valve. The catheter is implanted with one end in the peritoneal cavity and the other in a large vein. This device enables ascitic fluid in the peritoneal cavity to flow into the venous system for the treatment of intractable ascites.
( b ) *Classification.* Class II. The special controls for this device are FDA's: ( 1 ) “Use of International Standard ISO 10993 ‘Biological Evaluation of Medical Devices—Part I: Evaluation and Testing,’ ”
( 2 ) “510(k) Sterility Review Guidance of 2/12/90 (K90-1),” and
( 3 ) Backflow specification and testing to prevent reflux of blood into the shunt.
[48 FR 53023, Nov. 23, 1983, as amended at 52 FR 17738, May 11, 1987; 65 FR 17145, Mar. 31, 2000]
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION

                                 Washington D.C.

                                    FORM 8-K

                                 CURRENT REPORT
     Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934

                          Date of Report: June 17, 2003

                         Commission file number 0-28423

                              VALIDIAN CORPORATION

         Nevada                                          58-2541997
(State of Incorporation)                       (IRS Employer Identification No.)

               30 Metcalfe Street, Ottawa, Ontario, Canada K1P 5L4
                    (Address of principal executive offices)

                                  613-230-7211
                               (Telephone Number)

Item 1 through Item 4 - not applicable

Item 5. Other Events

On May 30, 2003 the company and some of its warrant holders voluntarily
cancelled 410,000 Series B Warrants and 2,135,000 Series D Warrants in return
for the company issuing 2,853,350 shares of its common stock in satisfaction of
$941,605.62 of outstanding 12% secured notes payable including accrued interest
and 1,653,512 shares of its common stock in satisfaction of $515,958.90 of
outstanding 5% convertible notes payable including accrued interest plus
4,000,000 Series F Warrants with an exercise price of $0.50 per share and
expiring May 30, 2007. The company also issued 2,135,000 Series E Warrants with
an exercise price of $0.33 per share and expiring May 30, 2008.

On May 30, 2003, the director of the company approved the company's Incentive
Equity Plan. The Director's Resolution is appended hereto as Exhibit 4.1. The
Incentive Equity Plan is appended hereto as Exhibit 10.1.

Item 6 through Item 9 - not applicable


                                       1

<PAGE>

                                    SIGNATURE

In accordance with the requirements of the Exchange Act, the registrant caused
this report to be signed on its behalf by the undersigned, thereunto duly
authorized.

                                          VALIDIAN CORPORATION
                                              (Registrant)

       Date 06/17/2003                 By /s/ Andre Maisonneuve
                                          ----------------------------------
                                          Andre Maisonneuve, President,
                                          Chief Executive Officer and Chief
                                          Financial Officer


                                       2
<PAGE>   1
                                                                    EXHIBIT 23.3

                      CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the use in this Registration Statement on form S-4 of
VoiceStream Wireless Holding Corporation of our report dated March 31, 1999
relating to the financial statements of Omnipoint Corporation, which appear in
such Registration Statement. We also consent to the references to us under the
headings "Experts" in such Registration Statement.


                                             PricewaterhouseCoopers LLP



Boston, MA
December 3, 1999
**Data Provided by FEMA on Emergency Transportable Housing Units By Type of Site**

**CY Disaster**  **Private Sites Provided By Occupant**  **Commercial Sites**

**Leased from Private Entities Group Sites**  **Constructed by FEMA All Sites**  **Units UFAS**  **UFAS % Units**  **UFAS UFAS %**  **Units UFAS**  **UFAS % Units**  **UFAS UFAS %**  **2008** 1744 20 4 20.0% 1 0 0% - - - 21 4 19.0%

1745 35 0 0% 3 0 0% - - - 38 0 0% 1763 76 3 0 3 9.5% 5 07 6 3 1 2.4% - - - 583 9 3 1 6.0% 1766 1 1 1 1 1 1 1 1 1 80 7 8.8% 1771 1 1 1 1 1 1 1 1 1 23 3 13.0% 1786 9 2 16 17 .4% 1 52 23 1 5.1% - - - 244 39 16. 0% 1791 3,3 28 298 9.0% 2 08 29 1 3.9% 134 18 13.4% 3, 670 345 9. 4% 1792 1 56 26 16. 7% 2 28 39 1 7.1% - - - 384 65 16. 9% **2009** 1834 5 0 0% 25 5 20.0% - - - 30 5 16.7%

1838 27 0 0% 5 8 1 1.7% 53 3 5.7% 13 8 4 2.9% **2010** 1906 11 1 9.1% 1 3 1 7.7% - - - 24 2 8.3 %

1918 1 0 0% 16 0 0% - - - 17 0 0% **2011** 1969 30 6 20.0% 6 1 16.7% - - - 36 7 19.4%

1971 23 5 25 10.6% 7 2 6 8. 3 % - - - 3 07 31 10. 1% 1972 65 11 1 6.9% 16 2 12.5% - - - 81 13 1 6 .0% 1975 49 3 6.1% - - - - - - 49 3 6.1% 1980 - - - 145 15 10.3% 432 37 8.6% 577 52 9.0% 1981 1,09 8 13 1.2% 308 47 15.3% 666 73 1 1.0% 2,072 133 6.4% 1983 4 0 0% 52 4 7.7% - - - 56 4 7.1% 4019 1 62 7 5 46. 3% 19 10 5 2.6% 53 3 5.7% 234 88 37.6% 4020 22 3 13.6% 27 5 18.5% - - - 49 8 16.3% 4029 82 46 5 6.1% - - - - - - 82 46 5 6.1% 4030 3 5 7 2 0.0% 19 1 15 7. 9% 57 1 1.8% 2 83 2 3 8. 1 % 4031 33 5 15. 2% 45 2 4. 4% - - - 78 7 9.0% **2012** 4080 1 0 0% 3 1 2 6.5 % - - - 32 2 6.3 %

4086 1 0 0% 81 3 3.7% - - - 82 3 3.7% **2013** 4145 - - - 54 4 7.4% - - - 54 4 7.4%

**Totals 5,**  **5 68**  **5 69**  **10. 2** **% 2,**  **258 2** **77 1** **2. 3** **% 1,**  **395 1** **35 9.7%**  **9, 324**  **9 91**  **10.6%** 1 Data not available by type of site on which units were installed.
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.3945 Prosthetic heart valve sizer. ( a ) *Identification.* A prosthetic heart valve sizer is a device used to measure the size of the natural valve opening to determine the size of the appropriate replacement heart valve.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 870.9.
[45 FR 7907, Feb. 5, 1980, as amended at 61 FR 1121, Jan. 16, 1996; 66 FR 38797, July 25, 2001]
Editorial Note on Part 872
Editorial Note: Nomenclature changes to part 872 appear at 73 FR 35341, June 23, 2008.

§ 872.6865 Powered toothbrush. ( a ) *Identification.* A powered toothbrush is an AC-powered or battery-powered device that consists of a handle containing a motor that provides mechanical movement to a brush intended to be applied to the teeth. The device is intended to remove adherent plaque and food debris from the teeth to reduce tooth decay.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9.
[55 FR 48440, Nov. 20, 1990, as amended at 59 FR 63009, Dec. 7, 1994; 66 FR 38800, July 25, 2001]
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheets and statements of operations found on page 2 and 4 of the Company's Form
10-Q for the year to date, and is qualified in its entirety by reference to such
financial statements.
</LEGEND>                               
<PERIOD-TYPE>                                6-MOS
<FISCAL-YEAR-END>                         12/31/96
<PERIOD-END>                              06/30/97
<CASH>                                     362,791
<SECURITIES>                             3,673,591 
<RECEIVABLES>                              969,110
<ALLOWANCES>                                     0
<INVENTORY>                                957,370           
<CURRENT-ASSETS>                         6,652,742
<PP&E>                                   2,462,702          
<DEPRECIATION>                                   0
<TOTAL-ASSETS>                          11,650,693
<CURRENT-LIABILITIES>                    1,012,290
<BONDS>                                          0
<COMMON>                                11,171,031
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                (693,363)
<TOTAL-LIABILITY-AND-EQUITY>            11,650,693     
<SALES>                                  7,086,725
<TOTAL-REVENUES>                         7,086,725
<CGS>                                    4,876,975
<TOTAL-COSTS>                            4,876,975
<OTHER-EXPENSES>                         1,961,998
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                            357,619
<INCOME-TAX>                               143,051
<INCOME-CONTINUING>                        214,568
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                               214,568
<EPS-PRIMARY>                                  .02
<EPS-DILUTED>                                    0

</TABLE>
Editorial Note on Part 874
Editorial Note: Nomenclature changes to part 874 appear at 73 FR 35341, June 23, 2008.

§ 874.3850 Endolymphatic shunt tube with valve. ( a ) *Identification.* An endolymphatic shunt tube with valve is a device that consists of a pressure-limiting valve associated with a tube intended to be implanted in the inner ear to relieve symptoms of vertigo and hearing loss due to endolymphatic hydrops (increase in endolymphatic fluid) of Meniere's disease.
( b ) *Classification.* Class II (special controls). The special control for this device is the FDA guidance document “Class II Special Controls Guidance Document: Endolymphatic Shunt Tube With Valve; Guidance for Industry and FDA.”
[67 FR 20894, Apr. 29, 2002]
EXHIBIT 23

                         Independent Auditors' Consent



<PAGE>



                                   Exhibit 23

                          INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation by reference in the  Registration  Statement of
Klamath First Bancorp,  Inc. on Form S-8 (File No. 333-4002) of our report dated
October 27, 2000, on the financial  statements appearing in the Annual Report to
stockholders  of Klamath First  Bancorp,  Inc. for the year ended  September 30,
2000.


/s/ DELOITTE & TOUCHE LLP

Portland, Oregon
December 28, 2000

<PAGE>
Editorial Note on Part 878
Editorial Note: Nomenclature changes to part 878 appear at 73 FR 35341, June 23, 2008.

§ 878.4460 Non-powdered surgeon's glove. ( a ) *Identification.* A non-powdered surgeon's glove is a device intended to be worn on the hands of operating room personnel to protect a surgical wound from contamination. A non-powdered surgeon's glove does not incorporate powder for purposes other than manufacturing. The final finished glove includes only residual powder from manufacturing.
( b ) *Classification.* Class I (general controls).
[53 FR 23872, June 24, 1988, as amended at 66 FR 46952, Sept. 10, 2001; 81 FR 91730, Dec. 19, 2016]
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

IN RE: ESTATE OF PETER J. CARUSO, III 

GERALDINE CARUSO

v.

SANDRA CARUSO, EXECUTRIX OF THE 

ESTATE OF PETER J. CARUSO, III

PETITION OF: SANDRA A. CARUSO

:

:

:

:

:

:

:

:

:

:

:

:

No. 43 WAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 21st day of August, 2023, the Petition for Allowance of Appeal is 

GRANTED. The issue, as stated by petitioner, is:

Where a non-party to a partnership agreement is not a signatory to the 

agreement and is not a third-party beneficiary of it and where a partnership 

agreement does not permit assignment, whether the Court’s review is 

necessary to clarify the circumstances where a non-party could be 

permitted to “step into the shoes” of a party to an agreement and to enforce 

contractual rights as if that individual were a party to the agreement.
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, Respondent

v. JOSE BRIGGS, Petitioner : : : : : : : : : : : No. 381 EAL 2014 Petition for Allowance of Appeal from the Order of the Superior Court

ORDER PER CURIAM AND NOW , this 26th day of November, 2014, the Petition for Allowance of Appeal is DENIED
.
```

[Federal Register Volume 78, Number 126 (Monday, July 1, 2013)]
[Notices]
[Page 39435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15749]

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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Aviation Proceedings, Agreements filed the week ending May 25, 
2013

    The following Agreements were filed with the Department of 
Transportation under the Sections 412 and 414 of the Federal Aviation 
Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing 
proceedings to enforce these provisions. Answers may be filed within 21 
days after the filing of the application.
    Docket Number: DOT-OST-2012-0121.
    Date Filed: May 22, 2013.
    Parties: Members of the International Air Transport Association.
    Subject: Recommended Practice 1630, Recommended Practice 1670, CSC/
Meet/007/2013 dated 17 May 2013, Intended effective date: 1 July 2013.

Barbara J. Hairston,
Acting Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2013-15749 Filed 6-28-13; 8:45 am]
BILLING CODE 4910-9X-P
```
UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION

                             WASHINGTON, D.C. 20549

                                    FORM 8-K

                                 CURRENT REPORT

     Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

         Date of Report (Date of earliest event reported) March 6, 2003

                        Investment Properties Associates
                        --------------------------------
             (Exact name of registrant as specified in its charter)

         New York                        0-5537                 13-2647723
         --------                        ------                 ----------
(State or other jurisdiction          (Commission              (IRS Employer
      of incorporation)               File Number)           Identification No.)

60 East 42nd Street, New York, New York                               10165
---------------------------------------                               -----
(Address of principal executive offices)                            (Zip Code)

Registrant's telephone number, including area code   (212) 687-6400


          (Former name or former address, if changed since last report)

<PAGE>

ITEM 5. OTHER EVENTS.

The Registrant will make a dividend of approximately $450,538 to its general and
special limited partners and holders of record as of the close of business on
March 17, 2003 of its participations of limited partnership interests from its
operating revenue. In accordance with the Registrant's partnership agreement,
one-half of the net proceeds will be distributed to the general and special
limited partners and one-half to the holders of its participations of limited
partnership interests. It is anticipated that such dividend will be
approximately $0.2747 per participation of limited partnership interest and will
be paid on March 31, 2003.

<PAGE>

     Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.


                                            INVESTMENT PROPERTIES ASSOCIATES

                                            BY: /s/ Irving Schneider
                                                -------------------------------
                                                Name: Irving Schneider
                                                Title: General Partner

Date: March 6, 2003