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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-7841

ROBERT T. CARTER,

Plaintiff - Appellant,

versus

STEPHEN COLLINS; CATHY DIALS, Nurse,

Defendants - Appellees,

and

LUMBERTON MEDICAL STAFF; OTHER UNKNOWN PARTIE,

Defendants.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Raleigh. Terrence W. Boyle, Chief

District Judge. (CA-02-433-5-BO)

Submitted: February 6, 2003 Decided: February 13, 2003

Before WILKINS, MICHAEL, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Robert T. Carter, Appellant Pro Se. James Philip Allen, OFFICE OF

THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,

for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Robert T. Carter appeals the district court’s order dismissing

his 42 U.S.C. § 1983 (2000) complaint without prejudice for failure

to exhaust administrative remedies. The district court properly

required exhaustion of administrative remedies under 42 U.S.C. §

1997e(a) (2000). Because Carter did not demonstrate to the district

court that he had exhausted administrative remedies or that such

remedies were not available, the court’s dismissal of the action,

without prejudice, was not an abuse of discretion. Accordingly, we

affirm the district court’s order. 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
#### § 102.40 Stipulations of fact admissible.

Stipulations of fact may be introduced in evidence with respect to any issue.
[No. 48778-7-I.

Division One.

November 12, 2002.]

#### Syen L.L.C., et al., *Plaintiffs,*v. Dalvinder S. Gill, et al., *Appellants,*Sam Welch, et al., *Respondents.*

Appeal from a judgment of the Superior Court for King County, No. 99-2-02015-4, Laura Gene Middaugh, J., entered June 5, 2001. *Affirmed*by unpublished per curiam opinion.
Fiscal 2009 Corporate Bonus Plan



 EXHIBIT 10.09 
 CONCUR TECHNOLOGIES, INC. 
 FISCAL 2009 CORPORATE
BONUS PLAN 
 This Fiscal 2009 Corporate Bonus Plan applies to all employees of Concur Technologies, Inc.
(“Concur”), other than employees compensated under sales commission plans, for fiscal 2009: 
  

	1.	Bonuses are earned under this Fiscal 2009 Corporate Bonus Plan if Concur achieves a target level of fiscal 2009 non-GAAP pre-tax earnings, as determined by the Board of
Directors (the “Corporate Bonus Plan Target”). Bonuses for each employee shall be paid in an amount equal to the percentage of the employee’s base salary selected by the Chief Executive Officer, provided that the bonus
amount for executive officers of Concur subject to Section 16 of the Securities Exchange Act of 1934 (“Section 16 Officers”), shall be as follows: 

  

				
	 Section 16 Officer
	  	Target Cash Bonus
	 S. Steven Singh, Chief Executive Officer and Chairman of the Board of Directors
	  	US$	550,000
		
	 Rajeev Singh, President, Chief Operating Officer, and Director
	  	US$	550,000
		
	 John F. Adair, Chief Financial Officer
	  	US$	275,000
		
	 Kyle R. Sugamele, Chief Legal Officer
	  	US$	150,000
		
	 Michael Hilton, Executive Vice President of Worldwide Marketing
	  	US$	180,000
		
	 Thomas DePasquale, Executive Vice President of Research & Development
	  	US$	187,000
		
	 Michael Eberhard, Executive Vice President Worldwide Sales & Business Development
	  	 	Not Eligible
		
	 Robert Cavanaugh, Executive Vice President of Client Development
	  	 	Not Eligible

  

	2.	The target cash bonus is earned and payable if Concur achieves the Corporate Bonus Plan Target. 

  

	3.	For each 1% that actual fiscal 2009 non-GAAP pre-tax earnings is above the Corporate Bonus Plan Target, the cash bonus of each eligible employee can be increased by
2.5% at the discretion of the Chief Executive Officer (but only at the discretion of the Board of Directors for the Section 16 Officers) up to a maximum of 200% of such employee’s target cash bonus at 100% achievement of the Corporate Bonus
Plan Target. 

  

	4.	If actual fiscal 2009 non-GAAP pre-tax earnings are less than 100% of the Corporate Bonus Plan Target for non-GAAP pre-tax earnings, then no cash bonuses will be earned
or paid under the 2009 Corporate Bonus Plan. 

  

	5.	The amount of cash bonus payable to each eligible employee can be reduced at the discretion of the Chief Executive Officer (but only at the discretion of the Board of
Directors for the Section 16 Officers). 

  

	6.	Non-GAAP pre-tax earnings consists of Concur’s GAAP pre-tax earnings for fiscal 2009 adjusted to eliminate share-based compensation expenses, amortization of
acquired intangible assets, and income tax expense. 

  

	7.	Only persons employed by Concur at the end of fiscal 2009 are eligible to receive bonuses under this plan, pro rata to their service during the year.
§ 1450.19 Scope. ( a ) *Coverage.* This subpart applies to agencies and employees as defined by § 1450.20.
( b ) *Applicability.* This subpart and 5 U.S.C. 5514 apply in recovering certain debts by offset, except where the employee consents to the recovery, from the current pay account of that employee. Because it is an administrative offset, debt collection procedures for salary offset which are not specified in U.S.C. 5514 and these regulations should be consistent with the provisions of the Federal Claims Collection Standards (4 CFR parts 101-105). ( 1 ) *Excluded debts or claims.* The procedures contained in this subpart do not apply to debts or claims arising under the Internal Revenue Code of 1954 as amended (26 U.S.C. 1 *et seq.*), the Social Security Act (42 U.S.C. 301 *et seq.*) or the tariff laws of the United States, or to any case where collection of a debt by salary offset is explicitly provided for or prohibited by another statute (e.g., travel advances in 5 U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108).
( 2 ) *Waiver requests and claims to the General Accounting Office.* This subpart does not preclude an employee from requesting waiver of a salary overpayment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716, or in any way questioning the amount or validity of a debt by submitting a subsequent claim to the General Accounting Office in accordance with procedures prescribed by the General Accounting Office. Similarly, in the case of other types of debts, it does not preclude an employee from requesting waiver, if waiver is available under any statutory provision pertaining to the particular debt being collected.
( c ) *Time limit.* Under 4 CFR 102.3(b)(3), offset may not be initiated more than 10 years after the Government's right to collect the debt first accrued, unless an exception applies as stated in § 102.3(b)(3).
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4566 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  2d Session
                                S. 4566

 To amend the Servicemembers Civil Relief Act to provide clarification 
 of delivery of notice of termination of leases of premises and motor 
                   vehicles, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 14, 2020

Ms. Warren (for herself, Mr. Portman, Mrs. Blackburn, Mr. Boozman, Mr. 
  Tester, and Mr. Reed) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend the Servicemembers Civil Relief Act to provide clarification 
 of delivery of notice of termination of leases of premises and motor 
                   vehicles, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Modernizing Notice of Lease 
Terminations for Servicemembers Act of 2020''.

SEC. 2. CLARIFICATION OF DELIVERY OF NOTICE OF TERMINATION OF LEASES OF 
              PREMISES AND MOTOR VEHICLES FOR PURPOSES OF RELIEF UNDER 
              SERVICEMEMBERS CIVIL RELIEF ACT.

    (a) In General.--Section 305(c)(2) of the Servicemembers Civil 
Relief Act (50 U.S.C. 3955(c)(2)) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) by electronic means, including--
                            ``(i) the direct delivery of material to an 
                        electronic address designated by the lessor (or 
                        the lessor's grantee) or the lessor's agent (or 
                        the agent's grantee);
                            ``(ii) the posting of material to a website 
                        or other internet or electronic-based 
                        information repository to which access has been 
                        granted to the lessee, the lessor (or the 
                        lessor's grantee), or the lessor's agent (or 
                        the agent's grantee); and
                            ``(iii) other electronic means reasonably 
                        calculated to ensure actual receipt of the 
                        material by the lessor (or the lessor's 
                        grantee) or the lessor's agent (or the agent's 
                        grantee).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to delivery of notice of lease terminations on or after the date 
the enactment of this Act.
                                 <all>
```
#### CURTIS et v STATE ex LENGEL

Ohio “Appeals, 5th Dist, Stark Co

No 984.

Decided Feb 11, 1929

James E Kinnison, Russell H Mack and H C Pontius, all of Canton, for Curtis.

Ammerman & Mills and W. B. Rodgers, both of Canton, for State ex.

Judges WILLIAMS, LLOYD and RICHARDS, of the sixth district, sitting.

WILLIAMS, J.

The sole question is whether or not the court below erred in issuing the peremptory writ of mandamus upon the ground that the relator was removed from his office as Chief of Police by the Mayor without being given a reasonable time in which to make and file an explanation under Section 486-17a, General Code.

The contention of the relator is that he was not given a reasonable time in which tp make and file an explanation with the Mayor, and he relies upon the case of State ex rel Bay vs. Witter, 110 Ohio St., 216.

In the instant case the notice of removal contained no reference whatever to an explanation. While the court in State ex rel vs. Witter, supra, held that in order to sus.pend an employe in the classified service the appointing power must give the employe reasonable time in which to make and file an explanation, the court did not have before it in that casé the question whether failing so to do would render the proceedings in all cases an absolute nullity. We have before us in the instant case a different question from that before the Supreme Court, and that is, did the relator by failing, to file an explanation with the Mayor, and by filing an appeal to the Civil Service Commission within two days after his removal, and submitting to trial therein, waive whatever right he may have had to file such explanation? The right to file an explanation was given to relator by statute and his failure to file such explanation with the Mayor was his own default. He submitted himself to the jurisdiction of the Commission and permitted the appeal to the common pleas court to be dismissed without pursuing such remedies as he had, and we must assume, for the purposes of this case, that the trial before the commis*280sion was a fair one. The relator has had his hearing before the commission and waived his right to. make exDlanation before the mayor and is bound by the order of removal.

The judgment of the court below will' therefore be reversed and final judgment entered in favor of the plaintiff in error, dismissing the petition of relator and denying. the writ of mandamus.

Lloyd and Richards, JJ, concur.
§ 1610.14 Waiver of user charges. ( a ) Except as provided in paragraph (b) of this section, the Legal Counsel or designee, the Assistant Legal Counsel, FOIA Programs, and the District Directors or designees shall assess fees where applicable in accordance with § 1610.15 for search, review, and duplication of records requested. They shall also have authority to furnish documents without any charge or at a reduced charge if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.
( b ) District directors, field directors, area directors, local directors and the librarian are hereby authorized to collect fees where applicable in accordance with § 1610.15 for duplication of records which are to be made available for public inspection and copying in the district, field, area or local office, or in the headquarters library in accordance with § 1610.4(b). District directors, field directors, area directors, local directors and the librarian are hereby authorized to duplicate such records without charge, or at a reduced charge in accordance with the criteria of paragraph (a) of this section.
[52 FR 13830, Apr. 27, 1987, as amended at 54 FR 32062, Aug. 4, 1989; 56 FR 29578, June 28, 1991; 63 FR 1342, Jan. 9, 1998; 71 FR 26830, May 9, 2006; 78 FR 36653, June 19, 2013]
sd-684572

Writer’s Direct Contact

+1 (858) 720.7932

WOConnor@mofo.com

12531 HIGH BLUFF DRIVE

SAN DIEGO, CALIFORNIA

92130-2040

TELEPHONE: 858.720.5100

FACSIMILE: 858.720.5125

WWW.MOFO.COM

M O R R I S O N & F O E R S T E R LLP

B E I J I N G , B E R L I N , B R U S S E L S , D E N V E R ,

H O N G K O N G , L O N D O N , L O S A N G E L E S ,

N E W Y O R K , N O R T H E R N V I R G I N I A ,

P A L O A L T O , S A C R A M E N T O , S A N D I E G O ,

S A N F R A N C I S C O , S H A N G H A I , S I N G A P O R E ,

T O K Y O , W A S H I N G T O N , D . C .

July 22, 2016

Via First Class Mail

Director John S. Duncan

Flight Standards Services

Federal Aviation Administration

800 Independence Avenue, S.W.

Washington, DC 20591 

Re: Airphrame, Inc., Exemption No. 12569, Regulatory Docket No. FAA-2015-2409

Dear Director Duncan:

I am writing to inform you that in light of the August 29, 2016 effective date of Part 107, 

Airphrame Inc., holder of FAA Exemption Number 12569 (and 12569A), has discontinued 

commercial sUAS operations in order to make the necessary preparations to transition to 

Part 107. Therefore, to avoid any confusion as to the requirements for commercial 

operations, Airphrame hereby relinquishes and surrenders the above grant of exemption by 

the FAA, effective immediately. No future commercial sUAS operations will be conducted 

under the exemption by Airphrame or any third party operator. Future commercial 

operations, if any, will be conducted by Airphrame pursuant to Part 107 after it goes into 

effect next month. 

Please do not hesitate to contact me if you have any questions.

Very truly yours, 

William V. O’Connor
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          JAN-02-1999             JAN-03-1998
<PERIOD-START>                             JAN-04-1998             DEC-29-1996
<PERIOD-END>                               JAN-02-1999             JAN-03-1998
<CASH>                                          36,115                  15,463
<SECURITIES>                                         0                   2,025
<RECEIVABLES>                                   92,199                  21,892
<ALLOWANCES>                                     3,780                     575
<INVENTORY>                                    726,172                 280,267
<CURRENT-ASSETS>                               863,963                 324,307
<PP&E>                                         377,761                 134,896
<DEPRECIATION>                                  98,349                  77,940
<TOTAL-ASSETS>                               1,265,355                 461,257
<CURRENT-LIABILITIES>                          553,850                 203,167
<BONDS>                                        501,188                 101,167
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                     773
<COMMON>                                           283                     194
<OTHER-SE>                                     158,808                 142,581
<TOTAL-LIABILITY-AND-EQUITY>                 1,265,355                 461,257
<SALES>                                      1,220,759                 848,108
<TOTAL-REVENUES>                             1,220,759                 848,108
<CGS>                                          763,353                 524,586
<TOTAL-COSTS>                                  763,353                 524,586
<OTHER-EXPENSES>                               425,577                 281,095
<LOSS-PROVISION>                                 1,193                   1,040
<INTEREST-EXPENSE>                              35,038                   6,086
<INCOME-PRETAX>                                (2,266)                  36,020
<INCOME-TAX>                                      (84)                  14,733
<INCOME-CONTINUING>                            (2,182)                  21,287
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (2,182)                  21,287
<EPS-PRIMARY>                                        0                       0
<EPS-DILUTED>                                        0                       0
        

</TABLE>
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Grayback Mountain quadrangle,Oregon--California : 7.5-minute series (topographic)**
 
2012 | 2014 | 2015
 
SuDoc Number:A 13.28/6:42123-A 3/
Item Number:0080-G-04 (online)
CGP systemNumber:000933612
 
February 8, 2018
[No. 26608-3-II.

Division Two.

December 6, 2002.]

#### The State of Washington, *Respondent,*v. Randy Wayne Rugg, *Appellant.*

Appeal from a judgment of the Superior Court for Clark County, No. 99-1-00995-9, James D. Ladley, J., entered October 26, 2000. *Affirmed in part, reversed in part,*and *remanded*by unpublished opinion per Quinn-Brintnall, A.C.J., concurred in by Morgan and Bridgewater, JJ.
§ ̈¦15 

Marrias River 

ERMA 

§ ̈¦15 

U.S. DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

HiLine District 

Recreation Management Areas

(RMA) Classifications

Alternatives A & E 

Maps depict the Recreation

Management Areas by type, either 

a Special Recreation Management

Area (SRMA), an Extensive

Recreation Management Area

(ERMA), or as Lands Not

Designated (LND), for

Alternatives A & E. 

The classifications are not intended

to confer authority, responsibility,

or jurisdiction over lands and 

waters that are not administered by

the BLM. Proposed classifications 

apply only to BLM administered

lands within those boundaries. 

¬
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Chester Havre 

Rocky Boy's

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CHOUTEAU
 

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1:1,750,000 

0 25 50 

Miles 

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National Park	 ERMA S Sa as sk ka attc ch he ew wa an n

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VALLEY 

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(Preferred)

E

CHOUTEAU
 

Fort Benton 

This map is intended for display purposes. No warranty is 

made by the Bureau of Land Management as to the 

accuracy, reliability, or completeness of these data for

individual or aggregate use with other data, or for 

purposes not intended by the BLM. This map may not 

meet National Map Accuracy Standards. This product was

developed through digital means and information may be 

updated without notification. 

£¤

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66 

Paulo Reservoir

ERMA South Phillips CMR National

Recreation Complex Wildlife Refuge Troika Reservoir

ERMA Timber Creek Ridge ERMA

ERMA 

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ns 

Glasgow 

PHILLIPS
Exhibit 32.1

HORIZON HOLDING CORPORATION

CERTIFICATION PURSUANT TO 18 U.S.C. 1350

The undersigned, Stewart York, in his capacities as Chief Executive Officer, President and Secretary, of Horizon Holding Corporation do each hereby
certify that the Form 10-KSB of Horizon Holding Corporation for the year ended December 31, 2005 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that the
information contained in such Form 10-KSB fairly presents, in all material respects, the financial condition and results of operations of Horizon Holding Corporation

This certification is given by the undersigned solely for the purpose of 18 U.S.C. 1350 and is subject to the knowledge standard contained therein.

March 31, 2006



/s/ Stewart YorkStewart YorkChief Executive Officer, President and Secretary
§ 1472.640 Employee. ( a ) *Employee* means the employee of a recipient directly engaged in the performance of work under the award, including— ( 1 ) All direct charge employees;
( 2 ) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and
( 3 ) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll.
( b ) This definition does not include workers not on the payroll of the recipient (*e.g.,* volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the payroll; or employees of subrecipients or subcontractors in covered workplaces).