alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7605

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

v.

KALVIN MARSHALL,

 Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Henry E. Hudson, District 

Judge. (3:02-cr-00225-HEH-2; 3:12-cv-00480-HEH)

Submitted: January 17, 2013 Decided: January 22, 2013

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kalvin Marshall, Appellant Pro Se. David Thomas Maguire, 

Assistant United States Attorney, Richmond, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Kalvin Marshall seeks to appeal the district court’s 

order construing his Fed. R. Civ. P. 60(b) motion as a 28 

U.S.C.A. § 2255 (West Supp. 2012) motion and dismissing it as 

successive. The order is not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1) (2006); Reid v. Angelone, 369 F.3d 363, 369 

(4th Cir. 2004). A certificate of appealability will not issue 

absent “a substantial showing of the denial of a constitutional 

right.” 28 U.S.C. § 2253(c)(2) (2006). A prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find both that the district court’s assessment of his 

constitutional claims is debatable or wrong and that any 

dispositive procedural ruling by the district court is likewise 

debatable. See Miller-El v. Cockrell, 537 U.S. 322, 336 

(2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v. 

Lee, 252 F.3d 676, 683 (4th Cir.2001). We have independently 

reviewed the record and conclude that Marshall has not made the 

requisite showing. Accordingly, 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 materials 
3

before this court and argument would not aid the decisional 

process. 

DISMISSED
1 MEMORANDUM

To : Commercial Industrial Solid Waste Incinerator Docket

From : Amy Hambrick , US EPA

Date: April 23, 2012

Subject: EPA Meeting with Commenters

EPA met with Richard Stoll (Foley & Lardner, LLP), Andrew O’Hare (Portland Cement Association), and Michael Pelan (LaFarge) to discuss their public comments submitted to the

CISWI docket

.
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.                  

###### National Science Foundation

# AGENCY:

National Science Foundation.

# ACTION:

Notice of availability; invitation for comments.

# SUMMARY:

On March 31, 2003, the National Science Foundation (NSF) issued a final rule that authorized the collection of meteorites in Antarctica for scientific purposes only. These regulations implement Article 7 of the Protocol on Environmental Protection to the Antarctic Treaty and are issued pursuant to Section 6 of the Antarctic Conservation Act, as amended by the Antarctic Science, Tourism and Conservation Act of 1996. The regulations require appropriate collection, handling, and curation of Antarctic meteorites to preserve their scientific value. Antarctic expeditions planning to collect meteorites in Antarctica are required to submit their plans for the collection, handling, and curation of the meteorites to the National Science Foundation. NSF is providing notice of availability of a meteorite collection plan and inviting comments on the plan.

# FOR FURTHER INFORMATION CONTACT:

Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

# SUPPLEMENTARY INFORMATION:

A meteorite collection plan has been received from Dr. Ralph Harvey of Case Western Reserve University. Interested parties are invited to submit written data, comments, or views with respect to this plan by November 3, 2009. This plan may be inspected by interested parties at the Permit Office, address listed above.

Nadene G. Kennedy,

Permit Officer.

[FR Doc. E9-24958 Filed 10-16-09; 8:45 am]

BILLING CODE 7555-01-P
#### § 615.5030 Borrowings from commercial banks.

Each System bank board, by resolution, shall authorize all commercial bank borrowings by that System bank.

[54 FR 1159, Jan. 12, 1989, as amended at 75 FR 35968, June 24, 2010]
[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Notices]
[Pages 21766-21767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10048]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of Banks 
or Bank Holding Companies

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec. 225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. 
The factors that are considered in acting on the notices are set forth 
in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments

[[Page 21767]]

must be received not later than May 8, 2000.
    A. Federal Reserve Bank of Philadelphia (Michael E. Collins, Senior 
Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-
1521:
    1. Madison Bancshares Group, Ltd., Donna Depaul-Bartynski, Anthony 
DePaul, and Andrea Naticchione, as Co-trustees, of the Peter DePaul 
Irrevocable Trust, all of Blue Bell, Pennsylvania; to acquire voting 
shares of Madison Bancshares Group, Ltd., Blue Bell, Pennsylvania, and 
thereby indirectly acquire voting shares of Madison Bank, Blue Bell, 
Pennsylvania.

    Board of Governors of the Federal Reserve System, April 18, 
2000.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 00-10048 Filed 4-21-00; 8:45 am]
BILLING CODE 6210-01-P
DYNATEM, INC.



Exhibit 32



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 Quarterly Report on Form 10-QSB of Dynatem, Inc. (the Company) for the fiscal quarter ending February 29, 2004, as filed with the Securities and Exchange Commission on the date
hereof (the Quarterly Report), the undersigned Chief Executive Officer and Chief Financial Officer of the Company each hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:



| | 1. | The Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------



A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906 has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.



Dated: April 12, 2004



/s/    MICHAEL HORANMichael Horan Chief Executive Officer




/s/    BELEN RAMOSBelen Ramos Chief Financial Officer
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-12-00416-CV

Marvin Brittingham, and All Other 

Occupants of 3402 Jaywood Court, 

Arlington, Texas 76017

v.

Federal Home Loan Mortgage 

Corporation

§

§

§

§

§

From County Court at Law No. 1

of Tarrant County (2012-003510-1)

August 22, 2013

Opinion by Justice Meier

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 Marvin Brittingham shall pay all costs of 

this appeal, for which let execution issue.

It is further ordered that Appellee Federal Home Loan Mortgage 

Corporation shall have and recover of and from Appellant Marvin Brittingham and
from his cash deposit in lieu of supersedeas bond, the amount adjudged below, 

for which let execution issue.

SECOND DISTRICT COURT OF APPEALS 

By _________________________________

 Justice Bill Meier
#                 Book/Printed Material                Nicaragua : a country study
Proposed Rule: Mandatory Reporting of Greenhouse Gas EmissionsMeeting DocumentationDateStaff Contact Information(Name, email, phone #)Name ofOrganization(Attach list ofall attendeesnames andemails ifpossible)Summary of Discussion (e.g., applicability, reportingrequirements, etc.)WrittenCommentsProvided?Did they alsosubmit to Docket?Date sent toEPA- CCD05/24/10PhoneCorrespondenceJen BohmanEPABohman.Jennifer@epa.gov202-343-9548Fred ScianceGeneralMotors313-665-2962Asked EPA weather imports and exports of motorvehicle air conditioners would be included as importsand exports of Pre-charged Equipment and ClosedCell Foams.Provided EPA contact information for two industryassociations, the Alliance of Automobile Manufacturesand the Association of International AutoManufacturers.EPA stated it would provide the information to thesetwo industry associations.N/AN/A
#### § 335.201 Securities exempted from registration.

Persons subject to registration requirements under Exchange Act section 12 and subject to this part shall follow the applicable and currently effective SEC regulations relative to exemptions from registration issued under sections 3 and 12 of the Exchange Act as codified at 17 CFR part 240.

[75 FR 73949, Nov. 30, 2010]
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3104 Referred in Senate (RFS)]

  2d Session
                                H. R. 3104

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 31, 2004

  Received; read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 AN ACT

 
  To provide for the establishment of separate campaign medals to be 
    awarded to members of the uniformed services who participate in 
Operation Enduring Freedom and to members of the uniformed services who 
                participate in Operation Iraqi Freedom.

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

SECTION 1. REQUIREMENT.

    The President shall establish a campaign medal specifically to 
recognize service by members of the uniformed services in Operation 
Enduring Freedom and a separate campaign medal specifically to 
recognize service by members of the uniformed services in Operation 
Iraqi Freedom.

SEC. 2. ELIGIBILITY.

    Subject to such limitations as may be prescribed by the President, 
eligibility for a campaign medal established pursuant to section 1 
shall be set forth in regulations to be prescribed by the Secretary 
concerned (as defined in section 101 of title 10, United States Code). 
In the case of regulations prescribed by the Secretaries of the 
military departments, the regulations shall be subject to approval by 
the Secretary of Defense and shall be uniform throughout the Department 
of Defense.

            Passed the House of Representatives March 30, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
#### § 746.202 Definitions.

For purposes of this subpart:

*Appeal* means a process by which a petitioner may obtain the review by the Board of an initial agency determination.

*Board* means the NCUA Board.

*Initial agency determination* means an agency action taken at a level below the Board with respect to an application, request, claim, or other matter in which a determination of rights or resolution of issues is rendered and the party affected by the determination has been provided with a right to appeal the determination to the NCUA Board. The initial agency determination shall notify the Petitioner of the right to request reconsideration or to file an appeal with the Board, and shall include a description of applicable filing deadlines and time frames for agency responses. Agency determinations involving the formulation of a regulation, guidance document, or policy statement are excluded from this definition.

*Oral hearing* means an opportunity, granted at the sole discretion of the Board, by which a petitioner may make an oral presentation to the Board concerning issues pertinent to an appeal.

*Petitioner* means the person or entity seeking Board review of an initial agency determination.

*Program office* means the office within NCUA responsible for making an initial agency determination.

*Special Counsel to the General Counsel* means an individual (referred to herein as the “Special Counsel”) within NCUA's Office of General Counsel charged with administering appeals in accordance with the procedures set forth in this part.
#### MARY IRMA STETSER, PETITIONER-APPELLEE, v. AMERICAN STORES COMPANY, RESPONDENT-APPELLANT.

Submitted October 27, 1939

Decided January 25, 1940.

For the petitioner-appellee, *Elmer G. Van Name.*

For the respondent-appellant, *Samuel Levinson*and *Clarence B. Tippett.*

*229The opinion of the court was delivered by

Brogan, Chief Justice.

This appeal brings up a judgment of the Supreme Court in a workmen’s compensation case. The alleged employer is the appellant. The petitioner below, who is the widow of the deceased employe, was found by the Compensation Bureau to be entitled to compensation for the death of her husband. It is undisputed that the deceased husband, Nathan S. Stetser, met with injury by accident, arising out of and in the course of his employment, which resulted in his death. The disputed issue, however, was whether at the time of the fatality he was an employe of the appellant, American Stores Company, or of someone else. The bureau found he was an employe of the American Stores Company and *certiorari*was allowed to review said judgment. Parenthetically, we point out that the injury and death occurred outside of the State of New Jersey. In that circumstance no appeal may be taken to the Common Pleas Court of any county in this state which is the usual forum for review of a judgment of the bureau. *Cf. R. S.*34:15-66; Desiderio, *&c.,*v. Blunt, 11 *N. J. Mis. R.*494; 167 *Atl. Rep.*29; *Steinmetz*v. *Snead & Co.,*123 *N. J. L.*138, 141.

The Supreme Court affirmed the judgment there under review. In its opinion, however, the Supreme Court said, “The question for our consideration is whether there was testimony before the bureau and inferences which might properly be drawn therefrom upon which such a determination could be made.” In other words, the Supreme Court, in reviewing the judgment, confined its inquiry on, this issue, *i. e.,*by whom was decedent employed? — to whether there was testimony to justify the fact conclusion of the bureau. But this is not its function, without more. The Supreme Court has the duty to review the facts and the law and arrive at its own conclusion independently of the finding of the bureau and the finding of the Pleas (if the judgment has been appealed to the Pleas) regardless of whether the fact finding in each of these tribunals was in harmony. This is the requirement of our statute *(Certiorari*act, section 11, *Comp. Stat., p.*406; *R. S.*2:81-8; *Cf. Anderson*v. *Federal Ship**230*building & Drydock Co.,*118 *N. J. L. 55;*191 *Atl. Rep.*455, and cases cited).

The Supreme Court, as has been indicated, did not determine and premise the facts and reach a conclusion but confined its examination of the proofs to whether there was evidence to support the fact conclusions of the bureau.

The case will be remitted to the Supreme Court to find the facts, and costs will abide the event.

*To remand*—The Chancellor, Chief Justice, Trenchard, Case, Bodine, Heher, Perskie, Hetfield, Dear, Wells, WolfsKeil, Rafferty, Hague, JJ. 13.
#### THOMAS BIRD *v.*HARRIET BIRD.

Divorce — certainty in the cause — adultery.

A petition for divorce must set forth the cause of complaint with convenient certainty that the charge may be met and disproved.

On a charge of adultery, the name of the person with whom committed should be inserted, if known.

Divorce. The petition alleged as cause of divorce, the commission of adultery, without naming the person with whom the crime was committed, or making any excuse for the omission.

*99The Court

refused to hear the evidence on the petition, holding that the party must allege the cause of complaint with the convenient certainty, so that it may be met and disproved. The court has uniformly so held.

The petitioner asked and obtained leave to amend.
#### § 5.6 [Reserved]
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 Quarterly Report of Epolin, Inc. (the
"Company") on Form 10-Q for the period ended November 30, 2008,
as filed with the Securities and Exchange Commission (the
"Report"), the undersigned certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-
Oxley Act of 2002, to the best of the undersigned's knowledge,
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.



Dated: January 12, 2009       By:  /s/ Greg Amato
                                   Greg Amato,
                                   Chief Executive Officer
                                   (Principal Executive Officer)



Dated: January 12, 2009       By:  /s/ James Ivchenko
                                       James Ivchenko,
                                       President
                                       (Principal Financial Officer)
#### The North American Trust Company, Plaintiff, *v.*Edmund B. Aymar, Defendant.

(Supreme Court, New York Special Term,

January, 1901.)

Attachment — Not leviable upon surplus income of a trust fund.

An attachment cannot be levied on the income of a trust fund, nor can a creditor reach the surplus thereof, over and above the proper support of the beneficiary, except in equity and after all legal remedies have been exhausted.

Application by defendant to vacate a certain levy made by the sheriff upon certain property of said defendant.

Alexander *&*Green, for plaintiff.

S. M. Hitchcock, for defendant.

Blanchard, J.

This application is made by defendant to vacate a certain levy made by the sheriff upon certain property of the defendant. The warrant was served upon the executors and trustees of the estates of R. Smith Clark and Mary C. Clark, the grandparents of the defendant. It appears that under the wills of his said grandparents a certain share of each of the estates is left to the executors, in trust, to receive the rents, issues and profits, and to apply the same to the use of defendant, and that defendant is entitled to no part of the principal of the estate. It appears that from this source defendant receives about $8,500 per annum, which defendant swears is necessary to the support of himself and family, he having no other property or income. Defendant claims that the income thus payable to him is the income of a trust estate, and is, therefore, exempt from levy under an attachment. Section 644 of the Code provides for the levy by the sheriff, under a warrant of attachment, upon the property of defendant “ not exempt from levy and sale by virtue of an execution.” The income of a trust fund cannot be the subject of a levy upon execution. It can only be reached by a creditor, after exhaustion of his legal remedies, by a suit in equity, and then only the surplus, if there he any, over and above that which is sufficient *577for the proper support of the *cestui que trust,*can he reached. Brewster v. Power, 10 Paige, 562; Williams v. Thorn, 70 N. Y. 270; Graff v. Bonnett, 31 id. 9; Salsbury v. Parsons, 36 Hun, 12. My attention has not been called to any decision where the right to levy an attachment upon property held in trust has been the subject of consideration, but applying the principles now well established in this State concerning the application of property held in trust, to the payment of debts of the beneficiary, the motion to vacate the levy must be granted to the extent indicated. The levy, so far as it may affect any commissions which defendant may be entitled to receive, either as executor or trustee under the wills mentioned, may stand.

Ordered accordingly.
Table 2-12. Furnace 12 Scrubbe1·-PAH 

D ate: uly ' J 1 25 2012 E <ramet-M' anetta, Ol' no 

Site/Run No. 

Parameters 12-PAH-1 -- -- Average 

Date July 25, 2012 -- -- July 25,2012 

Time 1413-1718 -- -- 1413-1718 

Stack Gas Velocity, fps' 63.7 -- -- 63.7 

Volumetric Flow Rate, acfm0 189,429 -- -- 189,429 

Volumetric Flow Rate, dscfmc 158,693 -- -- 158,693 

Temperature, °F 134 -- -- 134 

Moisture,% 5.9 -- -- 5.9 

C02,% 1.5 -- -- 1.5 

02,% 19.5 -- -- 19.5 

Naphthalene, ng/dscm 4.29E+06 -- -- 4.29E+06 

2 - Methylnaphthalene, ng/dscm 1.11E+06 -- -- 1.11E+06 

Acenaphthylene, ng/dscm 1.31E+06 -- -- 1.31E+06 

Acenaphthene, ng/dscm 1.55E+05 -- -- 1.55E+05 

Fluorene, ng/dscm 5.59E+05 -- -- 5.59E+05 

Phenanthrene, ng/dscm 9.76E+06 -- -- 9.76E+06 

Anthracene, ng/dscm 6.56E+04 -- -- 6.56E+04 

Fluoranthene, ng/dscm 7.18E+05 -- -- 7.18E+05 

Pyrene, ng/dscm 2.10E+07 -- -- 2.10E+07 

Benzo (a) Anthracene, ng/dscm 3.70E+03 -- -- 3.70E+03 

Chrysene, ng/dscm 5.02E+04 -- -- 5.02E+04 

Benzo (b) Fluoranthene, 2.21E+04 -- -- 2.21E+04 ng/dscm 

Benzo (k) Fluoranthene, 7.42E+04 -- -- 7.42E+04 ng/dscm 

Benzo (e) Pyrene, ng/dscm 1.24E+05 -- -- 1.24E+05 

Benzo (a) Pyrene, ng/dscm 7.41E+04 -- -- 7.41E+04 

Perylene, ng/dscm 1.19E+03 -- -- 1.19E+03 

Indeno (1, 2, 3-cd) Pyrene, 3.81E+03 -- -- 3.81E+03 ng/dscm 

Dibenzo (a, h) Anthracene, 1.16E+04 -- -- 1.16E+04 ng/dscm 

Benzo (ghi) Perylene, ng/dscm 3.45E+04 -- -- 3.45E+04 

Total P AH, ng/dscm 3.93E+07 -- -- 3.93E+07 

' Feet per second. 

b Actual cubic feet per minute. 

'Dry standard cubic feet per minute. 

2-10