alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 99-60645 -1-

* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-60645 Summary Calendar

EDWARD DANIEL, Plaintiff-Appellant,

versus JIMMY PARKER, Warden at Parchman; JAMES ANDERSON; WALTER BOOKER; ANN LEE; “UNKNOWN” ADAMS, Unit 32-C Case Worker; F. BROGG, Unit 32-C Case Worker; CHARLES HAMPTON, Classification Director; GRAY EVANS; R. SCOTT; W. RILEY, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Mississippi

USDC No. 4:99-CV-170-P-A

-------------------- March 3, 2000 Before JONES, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM: * Edward Daniel, Mississippi state prisoner # 42550, seeks to appeal the dismissal of his civil rights complaint, which was dismissed as barred by the doctrine of res judicata. This court must examine the basis of its jurisdiction on its own motion if
necessary. Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). Daniel’s post-judgment motion filed September 14, 1999, primarily sought reconsideration of the district court’s dismissal of hisNo. 99-60645 -2- civil rights complaint and, therefore, did not clearly evince an intent to appeal. See id. Thus, it is insufficient to invoke this court’s jurisdiction. See id. A timely notice of appeal is a prerequisite to the exercise of jurisdiction by this court. United States v. Carr , 979 F.2d 51, 55 (5th Cir. 1992). Daniel has not filed a timely notice of appeal from the district court’s judgment dismissing his civil rights complaint. We therefore cannot exercise jurisdiction over the appeal.
DISMISSED.
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

#### § 42.302 Who may petition for a covered business method patent review.

(a) A petitioner may not file with the Office a petition to institute a covered business method patent review of the patent unless the petitioner, the petitioner's real party-in-interest, or a privy of the petitioner has been sued for infringement of the patent or has been charged with infringement under that patent. Charged with infringement means a real and substantial controversy regarding infringement of a covered business method patent exists such that the petitioner would have standing to bring a declaratory judgment action in Federal court.

(b) A petitioner may not file a petition to institute a covered business method patent review of the patent where the petitioner, the petitioner's real party-in-interest, or a privy of the petitioner is estopped from challenging the claims on the grounds identified in the petition.

(c) A petitioner may not file a petition to institute a covered business method patent review of the patent where, before the date on which the petition is filed, the petitioner or real party-in-interest filed a civil action challenging the validity of a claim of the patent.

[77 FR 48731, Aug. 14, 2012, as amended at 80 FR 28566, May 19, 2015]
###### Editorial Note on Part 1

#### Editorial Notes:

1. In Patent and Trademark Office publications and usage the part number is omitted from the numbers of §§ 1.1 to 1.352 and the numbers to the right of the decimal point correspond with the respective rule numbers.

2. For nomenclature changes to part 1, see 68 FR 14335, Mar. 25, 2003; 87 FR 68904, Nov. 17, 2022.

#### § 1.941 Amendments by patent owner in *inter partes* reexamination.

Amendments by patent owner in *inter partes* reexamination proceedings are made by filing a paper in compliance with §§ 1.530(d)-(k) and 1.943.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear at 68 FR 14337, Mar. 25, 2003.

#### § 2.162 Notice to registrant.

When a certificate of registration is originally issued, the Office issues with the certificate a notice of the requirement for filing the affidavit or declaration of use or excusable nonuse under section 8 or section 71 of the Act. However, the affidavit or declaration must be filed within the time period required by section 8 or section 71 of the Act even if this notice is not received.

[84 FR 37096, July 31, 2019]

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

#### § 11.301 Meritorious claims and contentions.

A practitioner shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good-faith argument for an extension, modification or reversal of existing law.
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.

#### § 42.105 Service of petition.

In addition to the requirements of § 42.6, the petitioner must serve the petition and exhibits relied upon in the petition as follows:

(a) The petition and supporting evidence must be served on the patent owner at the correspondence address of record for the subject patent. The petitioner may additionally serve the petition and supporting evidence on the patent owner at any other address known to the petitioner as likely to effect service.

(b) Upon agreement of the parties, service may be made electronically. Service may be by Priority Mail Express® or by means at least as fast and reliable as Priority Mail Express®. Personal service is not required.

[77 FR 48669, Aug. 14, 2012, as amended at 79 FR 63043, Oct. 22, 2014]
# Official Journal L 311I/2022

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 311I |
| | |
| English edition | Legislation | Volume 653 December 2022 |

ISSN 1977-0677

Official Journal

of the European Union

L 311I

English edition

Legislation

Volume 653 December 2022

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2022/2367 of 3 December 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine | 1 |
| | * | Commission Implementing Regulation (EU) 2022/2368 of 3 December 2022 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine | 5 |
| | | DECISIONS |
| | * | Council Decision (CFSP) 2022/2369 of 3 December 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine | 8 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Council Regulation (EU) 2022/2367 of 3 December 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

1

*

Commission Implementing Regulation (EU) 2022/2368 of 3 December 2022 amending Council Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

5

DECISIONS

*

Council Decision (CFSP) 2022/2369 of 3 December 2022 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine

8

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
41899.

#### AMERICAN MUTUAL LIABILITY INSURANCE COMPANY et al. v. COPELAND et al.

Pannell, Judge.

1. The burden is upon him who attacks the validity of a marriage to show that it is invalid, by clear, distinct, positive and satisfactory proof. See *Bituminous Cas. Corp. v. Harris,*68 Ga. App. 889, 891 (2) (24 SE2d 803); *Brown v. Parks,*173 Ga. 228 (1) (160 SE 238); *Norman v. Goode,*113 Ga. 121 (38 SE 317). “Where a party to a ceremonial marriage has been previously married and the validity of the second marriage is challenged, a presumption arises that the second marriage is valid until evidence is adduced that the spouse of the first marriage is living, and only then does the Act of 1957 amending *Code*§ 53-102 (Ga. L. 1957, p. 83), place the burden on the party contending that the second marriage is valid to go forward with the evidence and show that the first marriage was dissolved by divorce.” *Zurich Ins. Co. v. Craft,*103 Ga. App. 889 (2) (120 SE2d 922).

2. Upon application of the above rulings to the present case, where, upon the accidental death of an employee arising out of and in the course of his employment, two parties claimed to be the lawful widow of such employee and entitled to compensation under the Workmen’s Compensation Act by reason of his death, and at a hearing held for the purpose of determining which was entitled to compensation, both are represented by counsel, and the attorney for the one claimant, in her behalf, admits that when she married a person of the same name as the deceased she was already married to another from whom she had never secured a divorce and withdraws her claim, and where the evidence discloses that the other claimant entered into a ceremonial marriage with the deceased in 1935 and lived with the deceased as his wife from that time to the time of his death and was dependent upon him for support, and the only attack on this marriage was a marriage certificate of an earlier marriage showing that a person with the same name as the deceased, in the same county, entered into a ceremonial marriage with a person with a given name the same as the one claimant whose claim was withdrawn but there is no evidence that such person is still living, the evidence demands a finding that the other claimant was the lawful widow of the deceased and entitled to compensation. Accordingly, the judge of the superior court did *708not err in setting aside the award of the Board of Workmen’s Compensation denying compensation to the appellee widow.

Argued April 6, 1966

Decided May 20, 1966.

*H. P. Arnall,*for appellant.

*Ray, Owens, Keil & Hirsch, Thomas B. Riley,*for appellee.

*Judgment affirmed.*

*Felton, C. J., and Frankum, J., concur.*
#### § 19.36 Notification of certification of appeal and transfer of appellate record.

When an appeal is certified to the Board of Veterans' Appeals for appellate review and the appellate record is transferred to the Board, the appellant and his or her representative, if any, will be notified in writing of the certification and transfer and of the time limit for requesting a change in representation, for requesting a personal hearing, and for submitting additional evidence described in Rule 1305 (§ 20.1305 of this chapter). Provisions in this section for submitting additional evidence and references to § 20.1305 do not apply in proceedings before the General Counsel conducted under part 14 of this chapter to suspend or cancel accreditation or to review fee agreements and expenses for reasonableness.

(Authority: 38 U.S.C. 5902, 5903; 38 U.S.C. 5904, 7105 (2016))

[57 FR 4104, Feb. 3, 1992, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019]
#### § 17.64 [Reserved]
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – November 11, 2022

# 									Public Schedule – November 11, 2022							

Public Schedule

Office of the Spokesperson

November 10, 2022

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

The Department is closed in observance of the Veterans Day Holiday.

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Egypt, Cambodia, Indonesia, and Thailand from November 11-18. Please click here for more information.

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From: Muldoon, Albert (OST)
To: "Melodee Colber-Kean (mayor@joplinmo.org)" ; "Steve Stockam (sstockam@joplinmo.org)" ; "Mark Rohr (mrohr@joplinmo.org)"
Cc: American Airlines, Brett Hooyerink (Brett.Hooyerink@aa.com) ; Devany, Dennis (OST) (Dennis.DeVany@dot.gov) Subject: Essential Air Service at Joplin, MO - Request for Comments - Due November 16, 2012
Date: Friday, October 19, 2012 11:08:00 AM
Attachments: DFW-JLN_EASsubmit.pdf

All:
I would like to update you on the Essential Air Service (EAS) situation at Joplin, Missouri, and give you an opportunity to submit comments on the record before we submit a recommendation to the Assistant Secretary for Aviation and International Affairs. In anticipation of the current contract’s expiration on February 28, 2013, the Department issued Order 2012-9-15 (September 12, 2012) soliciting proposals from carriers to provide EAS at Joplin, MO, for a new contract period beginning March 1, 2013. In response to that Order, we received only one proposal, from American Airlines (American).
I have attached a copy of the proposal to this email. The proposal can also be accessed online through the Federal Dockets Management System at www.regulations.gov by entering “DOT-OST-2006-23932” in the search box. For your convenience, I will briefly summarize the proposal below.
American proposes to maintain its existing service level at Joplin for an additional two years, through February 28, 2015, by providing two daily (14 weekly) nonstop round trips to Dallas/Fort Worth International Airport. Service would be provided by American’s subsidiary, American Eagle, using 50-seat CRJ-200 or EMB-145 regional jets. Please note that American has requested that the Department and Joplin waive the right to hold-in American should it wish to end service, and instead agree to a 120-day notice to terminate service with no hold-in provision. American would require an annual subsidy of $342,560 to provide this service.
The schedules and fares that the carrier has proposed are illustrative only, and they may make changes to reflect changing conditions. The Department expects subsidized carriers to maintain well-timed and well-spaced flights in order to ensure full compensation.
We request that you review the proposal and submit any comments you may have as soon as possible, but no later than November 16, 2012. We will carefully consider your comments before we submit a recommendation to the Assistant Secretary for a decision.
Please send your comments via email to EAS@dot.gov or by fax to (202) 366-7638. If you have any questions, please feel free to contact A.J. Muldoon of my staff at albert.muldoon@dot.gov or (202) 366-1058.

Sincerely,

Dennis J. DeVany Chief, Essential Air Service Division, X-53 Office of Aviation Analysis
Specimen Stock Certificate



 EXHIBIT 4.1 
  
 Face of 
 Specimen Stock 
 Certificate 
  

	NUMBER	 	 	 	 	 	 	 	 	 	SHARES
	
	 	 	 	 	 	 	

	 	 	 	 	NPTEST HOLDING CORPORATION	 	 	 	 
	
	 	 	 	 	 	 	

					
	 	 	 	 	INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE	 	 	 	 
						
	 	 	 	 	 	 	 	 	 	 	 SEE REVERSE SIDE
 FOR CERTAIN DEFINITIONS
  

	 	 	 	 	 	

				
	 	 	 	 	 	 	CUSIP 67019A 10 5
	 	 	 	 	 	


  
  
  
 THIS CERTIFIES THAT 
  
 is the owner of 
  
 FULLY PAID AND NON-ASSESSABLE COMMON SHARES, $0.001 PAR VALUE, OF 
  
 NPTEST HOLDING CORPORATION 
  
 transferable on the books of the Corporation by the holder hereof in person or by
Attorney upon surrender of this certificate properly endorsed. This certificate is not valid unless countersigned by the Transfer Agent and Registrar. 
  
     IN WITNESS WHEREOF, the said Corporation has caused this certificate to be signed by facsimile signatures of its duly authorized officers.

  
     Dated: 
  

	
 Secretary
	 	 	 	
 President


  
 COUNTERSIGNED AND REGISTERED: 
 WELLS FARGO BANK MINNESOTA, N.A. 
 TRANSFER AGENT 
 AND REGISTRAR 
  
 AUTHORIZED SIGNATURE








 NPTEST HOLDING CORPORATION 
  
 Reverse of Specimen 
 Stock Certificate 
  
 The following abbreviations, when used in
the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws and regulations: 
  
 TEN COM – as tenants in common 
  
 TEN END – as tenants by the entireties 
  
 JT TEN – as joint tenants with right of survivorship and not as tenants in common 
  
 UNIF GIFT MIN ACT –                  Custodian
                 
                                        
     (Cust)                       (Minor) 
                               under Uniform Transfer to Minors 
  
 ACT
                                        

             (State) 
  
 Additional abbreviations may also be used though not in the above list.

  
 For value received
                 hereby sell, assign and transfer unto 
  
 PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE 
  

  

 PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS OF ASSIGNEE 

  

 Shares of the capital stock represented by the within Certificate, and do hereby irrevocably constitute and appoint
                                        
                                        
                                        
Attorney to transfer the said stock on books of the within-named Corporation with full power of substitution in the premises. 
  

		
	 Dated
	 	

			
	 	 	 	 	


  
 NOTICE: THE SIGNATURE ON THIS
ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR WITHOUT ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER. 
  
 SIGNATURE GUARANTEED 
  
 THE SIGNATURE(S) MUST BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN
APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17AD-15.