alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–578 

PROVIDING FOR CONSIDERATION OF S. 2754, ALTERNATIVE PLURIPOTENT STEM CELL THERAPIES ENHANCEMENT ACT 

JULY 18, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. GINGREY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 924] 

The Committee on Rules, having had under consideration House 

Resolution 924, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of S. 2754, the Alternative Pluripotent Stem Cell Therapies Enhancement Act, under 

a closed rule. The rule provides one hour of debate in the House 

equally divided and controlled by the chairman and ranking minority member of the Committee on Energy and Commerce. The rule 

waives all points of order against consideration of the bill. 

Finally, the rule provides one motion to recommit. 

EXPLANATION OF WAIVERS

The Committee on Rules is not aware of any points of order 

against consideration of the bill. The waiver of all points of order 

is prophylactic in nature. 

Æ 


ccoleman on PROD1PC71 with HEARING
1 Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 96-40109

Summary Calendar

GLENDALE JOHNSON,

Plaintiff-Appellant,

VERSUS

JIMMY ALFORD, Warden, Eastham Unit; JUDY KILGORE, Registered

Nurse, Michael Unit, Tennessee Colony, Texas; WAYNE SCOTT, Deputy

Director of Operation, TDCJ-ID, Hunt s ville, Texas; KENNETH R.

HONEYCUTT, Correctional Officer COII, Tennessee Colony, Texas; MARK

L. BASS, Correctional Officer, COIII, Tennessee Colony, Texas;

ROBERT T AYLOR, Sergeant, Tennessee Colony, Texas; MARK L. BASS,

Correctional Officer COIII, Tennessee Colony, Texas; KEITH BAYLISS,

Correctional Officer COIII, Tennessee Colony, Texas; CHRISTOPHER N.

COOK, Correctional Officer, COIII, Tennessee Colony, Texas; CLIFTON

WARNER, Lieutenant,

Defendants-Appellees.

Appeal from the United States District Court

For the Eastern District of Texas

(6:95-CV-526)

May 27, 1996

Before HIGGINBOTHAM, DUHE and EMILIO M. GARZA, Circuit Judges.

PER CURIAM: 1

Appellant Johnson’s civil rights action under 18 U.S.C. Sec.

1983 was dismissed by the district court under Section 1915(d) as

being repetitious of a previous filing. We reverse and remand.Johnson alleges that on July 22, 1994, he and other inmates

were beaten by prison guards in retaliation for a civil rights

action Johnson had filed and that the prison personnel were

deliberately indifferent to his serious medical nee ds resulting

from the injuries he received in that beating. Johnson correctly

alleges that he tried to raise thes e same claims in his prior

litigation but the court would not entertain them. He did not

raise this issue in his objection to the magistrate judge’s report

and recommendation so we examine it only for plain error. D ouglas

v. United Serv. Automobile Assn.

, 79 F.3d 1415 (5th Cir. 1996).

The record makes clear that there was error and that it was plain.

In his earlier suit (No. 6:93cv594 in the district court),

Appellant attempted to raise these claims but the magistrate judge

declined to h ear them reasoning that the events alleged occurred

after the filing of that suit, and that to entertain the new claims

would unnecessarily delay the progress of that litigation. He even

advised Johnson that he coul d bring the claims in a later suit.

The district court adopted these findings of the magistrate judge.

To now dismiss the new suit on the basis that the claims were

disposed of in the earlier litigation is plain error and affects

the Appellant’s substantial rights.

REVERSED AND REMANDED.
Comment Info: =================

General Comment:Raycom Media Request for Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012 and 14 C.F.R. Part 11 to Operate Unmanned Aircraft 

Systems for Aerial Data Collection
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Mental Health Special Emphasis Panel; Youth Interventions                    

*Date:*                         December 11, 2006.                    

*Time:*                         12 p.m. to 2 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852. (Telephone Conference Call).                     

*Contact Person:*                         David I. Sommers, PhD, Scientific Review Administrator, Division of Extramural Activities, National Institute of Mental Health, National Institutes of Health, 6001 Executive Blvd., Room 6154, MSC 9609, Bethesda, MD 20892-9606. 301-443-7861.                         *dsommers@mail.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research Grants; 93.281, Scientist Development Award, Scientist Development Award for Clinicians, and Research Scientist Award; 93.282, Mental Health National Research Service Awards for Research Training, National Institutes of Health, HHS)

Dated: November 27, 2006.

David Clary, 

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 06-9481 Filed 11-30-06; 8:45 am]

BILLING CODE 4140-01-M
I 

111TH CONGRESS 

1ST SESSION H. R. 1592 

To amend title 37, United States Code, to guarantee a pay increase for 

members of the uniformed services for fiscal years 2011 through 2014 

of one-half of one percentage point higher than the Employment Cost 

Index. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2009 

Mr. BILIRAKIS introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend title 37, United States Code, to guarantee a 

pay increase for members of the uniformed services for 

fiscal years 2011 through 2014 of one-half of one percentage point higher than the Employment Cost Index. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


wwoods2 on PRODPC68 with BILLS
2 

•HR 1592 IH

1 SECTION 1. GUARANTEED PAY INCREASE FOR MEMBERS 

2 OF THE ARMED FORCES OF ONE-HALF OF 

3 ONE PERCENTAGE POINT HIGHER THAN EM4 PLOYMENT COST INDEX. 

5 Section 1009(c)(2) of title 37, United States Code, 

6 is amended by striking ‘‘fiscal years 2004, 2005, and 

7 2006’’ and inserting ‘‘fiscal years 2011 through 2014’’. 

Æ 


wwoods2 on PRODPC68 with BILLS
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT B AHADUR

SINGH; GUR

B UX KAUR , a .k.a . GurbaxKa

ur, Pe titione rs, v. ER IC H. HOLDER , Jr., Attorne y Ge ne ra l, R

e sponde n t . No. 09-70023 Age n c y Nos. A097-548-985 A097-548-986 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Subm itte d

June 12, 2014 ** B e fore : M c KEOW

N , WA RDLAW , a

nd M . SM ITH, C irc uit Judge s. B aha dur Singh a

nd Gurbux Ka

ur, native s a

nd c itiz e n s of India , pe tition for re vie w of the B oa

rd of Im m igration Appe a ls’ orde r dism issing the ir a ppe a l from

an im m igration judge ’ s de c i sion de ny i ng the ir a pplic ations for a sy lum , withholding of re m ova l, a

nd prote c tion unde r the C onve ntion Aga i nst Torture(“ C AT” ). W e have 

# FIL ED JUN 17 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without ora l a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).jurisdic tion unde r 8 U.S.C . § 1252. W e re vie w for substa ntia l e vide n c e the a ge nc y ’ s fa c tua l findings, a pply ing the sta

nda rds gove rning a d

ve rse c re dibility de te rm i nations c re ate d

by the REAL ID Ac t, Shre

stha v . Holde r , 590 F.3d 1034, 1039-40 (9th C ir. 2010), a nd we de ny

the pe tition for re vie w. Substa ntia l e v i de nc e supports the a ge nc y ’ s a dve rse c re dibility de t e rm ination ba se d on the inc onsiste nc y be twe e n Singh’ s te stim ony and his a s y lum

a p plic ation re ga rding the num

be r of tim e s he wa s a

rre s te d in India . Se e id. at 1047 (“ i na bility to c o nsiste ntly

de sc ribe the unde rly ing e ve nts tha t ga ve rise to [pe titione r’ s] fe ar wa s a n im porta nt fa c tor tha

t c ould be re lie d upon by

the [a ge nc y ] in m aking a n a dve rse c re dibility

de te rm inat ion” ). The a ge nc y re a sona bly re je c te d Singh’ s e xpla nation for theinc o n siste n c y . S e e Riv e ra v . Muk

ase y , 508 F.3d 1271, 1275 (9th C ir. 2007). Thus, in the a bse nc e of c re dible te stim ony , pe titione rs’ a sy lum and withholding of re

m o va l c la im s fa il. Se e Farah v . Ashc roft , 348 F.3d 1153, 1156 (9th C ir. 2003). Pe titione rs’ C AT c la i m

a lso fa ils be c a

use it is ba s e d on the sa

m e te stim ony found to benot c re dible , a n d pe titione rs do not point to a ny e vide n c e tha

t shows it is m o re like ly

tha n not tha t the y would betorture d if re turne d to India . Se eid. at 1156-57. PE T IT IO N FO R RE V IE WDE NIE D. 0 9 - 7 0 0 2 3 2
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
EXHIBIT 27.1 FINANCIAL DATA SCHEDULE

This schedule contains summary financial information extracted from the interim
condensed consolidated financial statements of Symposium Corporation as of and
for the nine months ended September 30, 1999 included in this report on Form
10-QSB and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<CIK>                         0001069201
<NAME>                        Symposium Corporation
<MULTIPLIER>                                   1

<S>                                            <C>

<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-START>                                 JAN-1-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         318,686
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               349,513
<PP&E>                                         39,456
<DEPRECIATION>                                 3,276
<TOTAL-ASSETS>                                 1,717,437
<CURRENT-LIABILITIES>                          334,909
<BONDS>                                        0
<COMMON>                                       12,999
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<OTHER-SE>                                     1,369,529
<TOTAL-LIABILITY-AND-EQUITY>                   1,717,437
<SALES>                                        0
<TOTAL-REVENUES>                               100,704
<CGS>                                          0
<TOTAL-COSTS>                                 (5,143,603)
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                               (5,246,520)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                           (5,042,899)
<DISCONTINUED>                                (178,511)
<EXTRAORDINARY>                                0
<CHANGES>                                     (25,110)
<NET-INCOME>                                  (5,246,520)
<EPS-BASIC>                                 (.51)
<EPS-DILUTED>                                 (.51)


</TABLE>
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.                  

###### Federal Retirement Thrift Investment Board

# TIME AND DATE:

10 a.m. (EST); December 18, 2006. 

# PLACE:

4th Floor Conference Room, 1250 H Street, NW., Washington, DC. 

# STATUS:

Open. 

# MATTERS TO BE CONSIDERED: 

1. Approval of the minutes of the November 20, 2006 Board member meeting. 

2. Thrift Savings Plan activity report by the Executive Director. 

a. Monthly Performance Report.

b. Monthly Investment Report.

c. Legislative Report. 

3. Participant Survey Update. 

# CONTACT PERSON FOR MORE INFORMATION:

Thomas J. Trabucco, Director, Office of External Affairs, (202) 942-1640. 

Dated: December 7, 2006. 

Thomas K. Emswiler, 

Secretary to the Board, Federal Retirement Thrift Investment Board. 

[FR Doc. 06-9646 Filed 12-7-06; 1:50 pm] 

BILLING CODE 6760-01-P
<PAGE>   1
                                                                  EXHIBIT 10.16


                                                     [LUCENT TECHNOLOGIES LOGO]



September 14, 2000



Jack Ingram
XETA Technologies, Inc.
1814 W. Tacoma
Broken Arrow, OK  74012


RE: NOTICE OF ASSIGNMENT

As you know, Lucent Technologies Inc. ("Lucent") announced on March 1, 2000
plans to spin off its PBX, SYSTIMAX(R) structured cabling and LAN-based data
business (collectively referred to as "Enterprise Networks Group") to
shareowners, forming a separate company that will focus directly and
independently on the enterprise networking market.* The new company known as
Avaya Inc., will commence operations with revenues of approximately $8 billion
per year and a customer list that includes more than ninety percent of the
Fortune 500 companies. Avaya will be a wholly owned subsidiary of Lucent
immediately prior to the spin-off which is expected to occur on October 1, 2000.

The purpose of this letter is to provide formal notice that all contracts and
agreements previously entered into between your company and Lucent for products
and services from the Enterprise Networks Group are assigned from Lucent to
Avaya, effective immediately prior to the spin-off on October 1, 2000.

Though our name has changed, we continue to be committed to serving our global
markets and to providing the same quality products and customer service with the
same professionalism and integrity you have come to know and expect.

All of us at Avaya look forward to serving your communication networking needs
as we move forward as an exciting, fully independent business.


/s/ JAN BURTON


Jan Burton
National Sales Vice President

----------

*The Enterprise Networks Group's PBX and voice messaging businesses were
included in Lucent's former Business Communications Systems business unit. The
SYSTIMAX(R) business was formerly included in Lucent's Network Systems business
unit.
#### Whitbeck v. Billings *et al.,*appellants.

*School law—salé for tax without notice—costs.*

A school collector by the direction of the trustee, without giving the two weeks’ notice required by law, seized and sold plaintiff’s property for school tax. In an action against the collector and trustee, the court certified the acts were done in good faith. *Held,*that the defendants were liable for .trespass; but plaintiff, having the right of appeal to the superintendent of public ■ instruction, was not entitled to costs in the action. Laws 1864, chap. 555, tit. 13, § 6; *Clarke*v. *Bathbone,*38 N. T. 58.

*765Appeal from an order directing the clerk to tax plaintiff’s costs, in an action brought by James A. Whitbeck against Stephen Billings and Dennis Maguire, for the seizure and sale of plaintiff’s property for a school tax.

The head-note gives the only point passed upon in the opinion.

Barnard, P. J.

*Order reversed.*
#### Commonwealth ex rel. Dougherty v. Francies.

*Criminal law—Larceny—Sentence—Third conviction.*

A person convicted of larceny cannot be sentenced to the maximum term of thirty years under the Act of May 10, 1909, P. L. 495, unless two prior convictions are averred in the indictment.

Petition of J. Frederick Dougherty for habeas corpus against John Franeies, warden of the Western Penitentiary of Pennsylvania. Miscellaneous Docket No. 26.

July 15, 1914:

Opinion by

Rice, P. J.,

On October 5, 1909, the relator pleaded guilty to an indictment containing two counts charging him with the larceny and the felonious receiving of a bicycle of of the value of $20.00, and was sentenced to pay a fine of $50.00 and the costs of prosecution, to restore the property stolen, and to undergo imprisonment in the Western Penitentiary for a maximum term of thirty years and a minimum term of five years. The indictment does not show, and it does not otherwise appear by the record, that he had been previously convicted of a crime. By sec. 103 of the Crimes Act of 1860, the maximum imprisonment for larceny is three years; and sec. 6 of the act of May 10, 1909, provided that, if there be no minimum term prescribed by law, “the court shall determine the same, but it shall not exceed one-fourth of the maximum time, and the -maximum limit shall be the maximum time now or hereafter prescribed as a penalty for such offense.” It is true, the next clause of the same section provides, that when a person shall have been twice before convicted, sentenced, and imprisoned in a penitentiary for a term of not less than one year, for any crime committed within the limits of the United States, “the court shall sentence said person to a maximum term of thirty years.” But it was held in Halderman’s Case, 53 Pa. Superior Ct. 554, upon *270construction of this clause, that the two prior offenses become part of the description of, and give quality to, the crime for which a third conviction is sought, and that the person cannot lawfully be sentenced under the provisions of the clause unless the two prior convictions are averred in the indictment. As the relator already has been imprisoned more than a year and a half beyond the maximum term for which under the indictment he could be lawfully imprisoned, he is entitled to be discharged.

The relator is discharged.
<PAGE>

                                                                   Exhibit 10.14

                           Riverstone Networks, Inc.


                                    CONSENT


     By executing this consent, the undersigned hereby consents to being named
in the Registration Statement on Form S-1 (333-45958) of Riverstone Networks,
Inc. as a person who is about to become a director of Riverstone upon completion
of the offering to which the Registration Statement relates.

                                       /s/  Jorge A. del Calvo
                                       ----------------------------
                                       Jorge A. del Calvo
[Federal Register Volume 71, Number 233 (Tuesday, December 5, 2006)]
[Notices]
[Page 70521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9528]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Neurological Disorders and Stroke; Notice 
of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The contract proposals and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders 
and Stroke Special Emphasis Panel; Clinical Trial Methods in 
Neurology.
    Date: December 14, 2006.
    Time: 8 a.m. to 3 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: Westin Embassy Row, 2100 Massachusetts Ave., NW., 
Washington, DC 20008.
    Contact Person: Phillip F. Wiethorn, Scientific Review 
Administrator, DHHS/NIH/NINDS/DER/SRB, 6001 Executive Boulevard; MSC 
9529, Neuroscience Center; Room 3203, Bethesda, MD 20892-9529, (301) 
496-5388. <a href="/cdn-cgi/l/email-protection#8dfae4e8f9e5e2fffdcde3e4e3e9fea3e3e4e5a3eae2fb"><span class="__cf_email__" data-cfemail="0b7c626e7f6364797b4b6562656f7825656263256c647d">[email protected]</span></a>.

    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.853, 
Clinical Research Related to Neurological Disorders; 93.854, 
Biological Basis Research in the Neurosciences, National Institutes 
of Health, HHS)

    Dated: November 28, 2006.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 06-9528 Filed 12-4-06; 8:45 am]
BILLING CODE 4140-01-M


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</html>
#### § 1703.204 Public availability of recorded vote to close meeting.

Within one day of any vote taken on a proposal to close a meeting, the Commission shall make publicly available a record reflecting the vote of each member on the question. In addition, within one day of any vote which closes a portion or portions of a meeting to the public, the Commission shall make publicly available a full written explanation of its closure action together with a list naming all persons expected to attend and identifying their affiliation, unless such disclosure would reveal the information that the meeting itself was closed to protect.