alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

SENIA V. EDWARDS,

Petitioner

v.

OFFICE OF PERSONNEL MANAGEMENT,

Respondent

______________________

2022-2245

______________________

Petition for review of the Merit Systems Protection 

Board in No. CH-844E-17-0332-I-1.

______________________

Before LOURIE, PROST, and WALLACH, Circuit Judges.

PER CURIAM.

O R D E R

In response to this court’s November 28, 2022, order to 

show cause, the Office of Personnel Management (OPM) 

urges dismissal of this petition for review as untimely. Senia V. Edwards has not responded. 

OPM denied Ms. Edwards’ application for disability retirement benefits. Ms. Edwards appealed to the Merit Systems Protection Board, which affirmed OPM’s denial in a 

Case: 22-2245 Document: 12 Page: 1 Filed: 03/27/2023
2 EDWARDS v. OPM

final decision dated May 16, 2022.1 This court received Ms. 

Edwards’ petition on September 14, 2022.2

The timely filing of a petition from a Board decision is 

a jurisdictional requirement “and not subject to equitable 

tolling.” See Fedora v. Merit Sys. Prot. Bd., 848 F.3d 1013, 

1015 (Fed. Cir. 2017). A petition from a final decision

“shall be filed within 60 days after the Board issues notice 

of the final order or decision of the Board.” 5 U.S.C. 

§ 7703(b)(1)(A). Here, Ms. Edwards’ petition was received 

outside of the 60-day filing deadline, including over 60 days 

after the Board’s July 8, 2022, letter with the courtesy copy 

of the decision. We therefore must dismiss.

Accordingly,

IT IS ORDERED THAT:

(1) The petition for review is dismissed.

1 On July 7, 2022, the Board was informed that its 

decision mailed to Ms. Edwards was returned undeliverable. In a letter dated July 8, 2022, the Board informed Ms. 

Edwards of its efforts to contact her and included a courtesy copy of the May 16, 2022, final decision. 

2 Although Ms. Edwards’ filings before this court indicated that she raised a discrimination claim at the Board, 

OPM responds without contradiction that Ms. Edwards did 

not raise a claim at the Board that OPM’s benefits decision 

was based on discrimination. See ECF No. 10-1 at 6–7. 

Case: 22-2245 Document: 12 Page: 2 Filed: 03/27/2023
EDWARDS v. OPM 3

(2) Each side shall bear its own costs.

March 27, 2023

Date

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 22-2245 Document: 12 Page: 3 Filed: 03/27/2023
EX-10.3


 Exhibit 10.3 

February 13, 2017 
 Flotek Industries, Inc.

 10603 W. Sam Houston Parkway N., Suite 300 
 Houston, Texas
77064 
  

	 	Re:	That certain Fifth Amended and Restated Service Agreement dated April 14, 2015 (the “Service Agreement”) 


This is to confirm that we have agreed that the Service Agreement shall be and is hereby amended so that the annual fee provided for in
Section 4.1 of the Service Agreement is increased to $810,000. 
 Except as set forth in this letter agreement, the Service Agreement
continues in full force and effect, without amendment. 
  

									
	 	 	 	 	 	 	Sincerely,
				
		 		 		 	Chisholm Management, Inc.
					
		 		 		 	By:	 	 /s/ John Chisholm

		 		 		 	Name:	 	 John Chisholm

		 		 		 	Title:	 	 President

				
		 		 		 	Protechnics II, Inc.
					
		 		 		 	By:	 	 /s/ John Chisholm

		 		 		 	Name:	 	 John Chisholm

		 		 		 	Title:	 	 President

				
	ACCEPTED AND AGREED TO:	 		 		 	
				
	Flotek Industries, Inc.	 		 		 	
					
	By:	 	 /s/ Richard Walton
	 		 		 	
	Name:	 	 Richard Walton
	 		 		 	
	Title:	 	 Executive Vice President and Chief Financial Officer
# Comments on: 20-1035: JOHN BEAN TECHNOLOGIES CORP. v. MORRIS & ASSOCIATES, INC. [OPINION], Nonprecedential
[Federal Register Volume 65, Number 126 (Thursday, June 29, 2000)]
[Notices]
[Page 40097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16410]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals to Engage in Permissible Nonbanking 
Activities or To Acquire Companies that are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company, including the 
companies listed below, that engages either directly or through a 
subsidiary or other company, in a nonbanking activity that is listed in 
Sec. 225.28 of Regulation Y (12 CFR 225.28) or that the Board has 
determined by Order to be closely related to banking and permissible 
for bank holding companies. Unless otherwise noted, these activities 
will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act. Additional information on all 
bank holding companies may be obtained from the National Information 
Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than July 14, 2000.
    A. Federal Reserve Bank of Chicago (Phillip Jackson, Applications 
Officer) 230 South LaSalle Street, Chicago, Illinois 60690-1414:
    1. Byron Bancshares, Inc., Byron, Illinois; to continue to engage 
de novo through its subsidiary, Byron Bank Financial Services, Byron, 
Illinois, in the sale of mutual funds pursuant to Sec. 225.28(b)(7)(i) 
of Regulation Y.

    Board of Governors of the Federal Reserve System, June 23, 2000.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 00-16410 Filed 6-28-00; 8:45 am]
BILLING CODE 6210-01-P
###### Editorial Note on Part 1

#### Editorial Note:

Nomenclature changes to part 1 appear at 63 FR 54077, Oct. 8, 1998.

#### § 1.204 Pleadings; definition.

As used in this subpart, the term *pleading* means any written notice, motion, petition, request, opposition, reply, brief, proposed findings, exceptions, memorandum of law, or other paper filed with the Commission in a hearing proceeding. It does not include exhibits or documents offered in evidence. See § 1.356.

[29 FR 8219, June 30, 1964]
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#### § 18.121 Exemptions.

Non-consumer ultrasonic equipment, and non-consumer magnetic resonance equipment, that is used for medical diagnostic and monitoring applications is subject only to the provisions of §§ 18.105, 18.109 through 18.119, 18.301 and 18.303 of this part.

[59 FR 39472, Aug. 3, 1994; 60 FR 47302, Sept. 12, 1995]
§ 15.319 General technical requirements. ( a ) [Reserved]
( b ) All transmissions must use only digital modulation techniques. Both asynchronous and isochronous operations are permitted within the 1920-1930 MHz band.
( c ) Peak transmit power shall not exceed 100 microwatts multiplied by the square root of the emission bandwidth in hertz. Peak transmit power must be measured over any interval of continuous transmission using instrumentation calibrated in terms of an rms-equivalent voltage. The measurement results shall be properly adjusted for any instrument limitations, such as detector response times, limited resolution bandwidth capability when compared to the emission bandwidth, sensitivity, etc., so as to obtain a true peak measurement for the emission in question over the full bandwidth of the channel.
( d ) Power spectral density shall not exceed 3 milliwatts in any 3 kHz bandwidth as measured with a spectrum analyzer having a resolution bandwidth of 3 kHz.
( e ) The peak transmit power shall be reduced by the amount in decibels that the maximum directional gain of the antenna exceeds 3 dBi.
( f ) The device shall automatically discontinue transmission in case of either absence of information to transmit or operational failure. The provisions in this section are not intended to preclude transmission of control and signaling information or use of repetitive codes used by certain digital technologies to complete frame or burst intervals.
( g ) Notwithstanding other technical requirements specified in this subpart, attenuation of emissions below the general emission limits in § 15.209 is not required.
( h ) Where there is a transition between limits, the tighter limit shall apply at the transition point.
( i ) Radio frequency devices operating under the provisions of this part are subject to the radio frequency radiation exposure requirements specified in §§ 1.1307(b), 1.1310, 2.1091, and 2.1093 of this chapter, as appropriate. All equipment shall be considered to operate in a “general population/uncontrolled” environment. Applications for equipment authorization of mobile or portable devices operating under this section must contain a statement confirming compliance with these requirements. Technical information showing the basis for this statement must be submitted to the Commission upon request.
[58 FR 59180, Nov. 8, 1993, as amended at 59 FR 32852, June 24, 1994; 59 FR 40835, Aug. 10, 1994; 60 FR 13073, Mar. 10, 1995; 61 FR 41018, Aug. 7, 1996; 69 FR 62621, Oct. 27, 2004; 69 FR 77949, Dec. 29, 2004; 77 FR 43013, July 23, 2012; 85 FR 18149, Apr. 1, 2020]
No. 11-5179.

#### Perdue *v.*Ludwick, Warden.

C. A. 6th Cir. Certiorari denied.
**EXHIBIT 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

Weconsent to the incorporation by reference in Registration Statements on Form S-8(SEC File Nos. 333-147435, 333-108672 and 333-108673) and in RegistrationStatements on Form S-3 (SEC File Nos. 333-148286, 333-147596, 333-147595,333-123401, 333-115033 and 333-13326) of our report dated March 31, 2008,with respect to the consolidated financial statements of Elixir GamingTechnologies, Inc, and Subsidiaries, included in the Annual Report on Form 10-Kfor the year ended December 31, 2008.

 

| /s/  Ernst & Young, LLP |   |   |
|-----------------------------|--------|--------|
| Las  Vegas, Nevada          |   |   |
| March 30,  2009        |   |   |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,109
<SECURITIES>                                         0
<RECEIVABLES>                                   37,253
<ALLOWANCES>                                       996
<INVENTORY>                                     41,663
<CURRENT-ASSETS>                                87,453
<PP&E>                                          86,638
<DEPRECIATION>                                  31,695
<TOTAL-ASSETS>                                 170,958
<CURRENT-LIABILITIES>                           46,468
<BONDS>                                         36,186
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     26,156
<COMMON>                                         5,231
<OTHER-SE>                                      51,827
<TOTAL-LIABILITY-AND-EQUITY>                   170,958
<SALES>                                        163,667
<TOTAL-REVENUES>                               163,667
<CGS>                                          114,668
<TOTAL-COSTS>                                  114,668
<OTHER-EXPENSES>                                 3,594
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,411
<INCOME-PRETAX>                                  6,982
<INCOME-TAX>                                     2,513
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
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<NET-INCOME>                                     4,469
<EPS-PRIMARY>                                      .60
<EPS-DILUTED>                                      .48
        

</TABLE>
Exhibit 99.2


                            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 Atlas Minerals Inc. (the "Company")
on Form  10-QKSB  for the  period  ending  March  31,  2003,  as filed  with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Gerald
E.  Davis,  President  and Chief  Financial  Officer  of the  Company,  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 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.

By:       /s/ Gary E. Davis
          -------------------------------------
          Gary E. Davis
          President and Chief Financial Officer
          May 7, 2003



A signed original of this written statement required by Section 906 has been
provided to Atlas Minerals Inc. and will be retained by Atlas Minerals Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
[Federal Register Volume 65, Number 128 (Monday, July 3, 2000)]
[Notices]
[Pages 41078-41079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16721]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability and Injury Prevention and Control Special 
Emphasis Panel: Community-Based Strategies To Increase HIV Testing of 
Persons at High Risk in Communities of Color, PA# 00100

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following meeting.

    Name: Disease, Disability and Injury Prevention and Control 
Special Emphasis

[[Page 41079]]

Panel: Community-Based Strategies to Increase HIV Testing of Persons 
at High Risk in Communities of Color, PA# 00100.
    Times and Dates: 9 a.m.-12 p.m., August 22, 2000 (Open), 12 
p.m.-4:30 p.m., August 22, 2000 (Closed), 8:30 a.m.-4:30 p.m., 
August 23, 2000 (Closed), 8:30 a.m.-4:30 p.m., August 24, 2000 
(Closed), 8:30 a.m.-4:30 p.m., August 25, 2000 (Closed).
    Place: Crowne Plaza Airport Hotel, 1325 Virginia Avenue, 
Atlanta, GA 30344. Telephone 404/768-6660.
    Status: Portions of the meeting will be closed to the public in 
accordance with provisions set forth in section 552b(c)(4) and (6), 
Title 5 U.S.C., and the Determination of the Associate Director for 
Management and Operations, CDC, pursuant to Public Law 92-463.
    Matters to be Discussed: The meeting will include the review, 
discussion, and evaluation of applications received in response to 
Program Announcement 00100.
    Contact Person For More Information: Beth Wolfe, Prevention 
Support Office, National Center for HIV, STD, and TB Prevention, 
CDC, Corporate Square Office Park, 11 Corporate Square Boulevard, M/
S E07, Atlanta, Georgia 30329, telephone 404/639-8025, e-mail 
<a href="/cdn-cgi/l/email-protection#dabfb5adeb9ab9beb9f4bdb5ac"><span class="__cf_email__" data-cfemail="e5808a92d4a5868186cb828a93">[email protected]</span></a>.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register Notices pertaining 
to announcements of meetings and other committee management 
activities, for the both the Centers for Disease Control and 
Prevention and the Agency for Toxic Substances and Disease Registry.

    Dated: June 23, 2000.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 00-16721 Filed 6-30-00; 8:45 am]
BILLING CODE 4163-18-P


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# Continuation of Emergency Regarding Terrorists Who Threaten To Disrupt the Middle East Peace Process

                        On January 23, 1995, by Executive Order 12947, I declared a national emergency to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by grave acts of violence committed by foreign terrorists that disrupt the Middle East peace process. By Executive Order 12947 of January 23, 1995, I blocked the assets in the United States, or in the control of United States persons, of foreign terrorists who threaten to disrupt the Middle East peace process. I also prohibited transactions or dealings by United States persons in such property. On August 20, 1998, by Executive Order 13099, I identified four additional persons, including Usama bin Ladin, who threaten to disrupt the Middle East peace process. I have annually transmitted notices of the continuation of this national emergency to the Congress and the                         **Federal Register**                        . Last year's notice of continuation was published in the                         **Federal Register**                         on January 22, 1999. Because terrorist activities continue to threaten the Middle East peace process and vital interests of the United States in the Middle East, the national emergency declared on January 23, 1995, and the measures that took effect on January 24, 1995, to deal with that emergency must continue in effect beyond January 23, 2000. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national emergency with respect to foreign terrorists who threaten to disrupt the Middle East peace process.                    

                        This notice shall be published in the                         **Federal Register**                         and transmitted to the Congress.                    

[FR Doc. 00-1709

Billing code 3195-01-P
No. 11-962.

#### WildTangent, Inc. *v.*Ultramercial, LLC, et al.

C. A. Fed. Cir. Certiorari granted, judgment vacated, and case remanded for further consideration in light of *Mayo Collaborative Services*v. *Prometheus Laboratories, Inc., ante,*p. 66.