alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

	SECOND DISTRICT OF TEXAS

	FORT WORTH

	NO. 2-05-098-CV

TANIDRA ROSE DEDRICK, TOMMY 	APPELLANTS

DEDRICK, AND TANENANKHAHA 

ANDREWS

	V.

FIRST PREFERENCE MORTGAGE 	APPELLEES

CORP., BARRETT BURKE WILSON 

CASTLE DAFFIN & FRAPPIER, ESTEBAN 

H. GONZALES, AND GREGORY T. PRATT

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

	FROM COUNTY COURT AT LAW NO. 2 OF TARRANT COUNTY

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

	MEMORANDUM OPINION1

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

	Appellants attempt to appeal from a trial court order granting summary judgment in favor of Barrett Burke Wilson Castle Daffin & Frappier, Esteban H. Gonzales, and Gregory T. Pratt.  On April 19, 2005, we notified appellants that we were concerned that this court may not have jurisdiction over this appeal because the order granting summary judgment is a partial summary judgment that does not dispose of all parties in the case, and it does not appear to be a final appealable interlocutory order.  See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 192-93 (Tex. 2001).  We stated that the appeal would be dismissed for want of jurisdiction unless appellants or any party desiring to continue the appeal filed within ten days a response showing grounds for continuing the appeal.  See Tex. R. App. P. 42.3(a).  No response has been filed. 

	Because there is no final judgment or appealable interlocutory order, it is the opinion of the court that this case should be dismissed for want of jurisdiction.  Accordingly, we dismiss the appeal.  See Tex. R. App. P. 42.3(a), 43.2(f).

							PER CURIAM

PANEL D:	WALKER, J.; CAYCE, C.J.; and MCCOY, J.

DELIVERED: May 26, 2005
EXHIBIT 31.2



CERTIFICATION



I, Jordan M. Copland, certify that:



1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of GSI Commerce, Inc.;



2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.



Date: April 29, 2005



/s/ Jordan M. CoplandJordan M. Copland Chief Financial Officer (Principal Financial Officer)
<PAGE>

                                                                    EXHIBIT 23.1

               REPORT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS


The Board of Directors and Stockholders
Therma-Wave, Inc.

     We have audited the accompanying consolidated balance sheet of Therma-Wave,
Inc. as of March 31, 1998, and the related consolidated statements of
operations, mandatorily redeemable convertible preferred stock and stockholders'
equity (net capital deficiency), and cash flows for each of the two years in the
period ended March 31, 1998. These financial statements are the responsibility
of the Company's management. Our responsibility is to express an opinion on
these financial statements based on our audits.

     We conducted our audits in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.

     In our opinion, the consolidated financial statements referred to above
present fairly, in all material respects, the consolidated financial position of
Therma-Wave, Inc. at March 31, 1998 and the consolidated results of its
operations and its cash flows for each of the two years in the period ended
March 31, 1998, in conformity with generally accepted accounting principles.

                                       ERNST & YOUNG LLP

San Jose, California
May 1, 1998
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 02079

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

x 02079\02079_Checklist.xls EPA Technical Review Checklist Workbook

02079\02079_Completeness_Checklist.xls EPA Completeness Review Checklist

02079\02079_HardcopyLog.doc EPA log of hardcopy documents submitted

x 02079\02079_Part A.xls Plant submitted survey file

x 02079\02079_Part B.xls Plant submitted survey file

x 02079\02079_Part C.xls Plant submitted survey file

x 02079\02079_Part D.xls Plant submitted survey file

x 02079\02079_Part E.xls Plant submitted survey file

x 02079\02079_Part F.xls Plant submitted survey file

x 02079\02079_Part G.xls Plant submitted survey file

x 02079\02079_Part H.xls Plant submitted survey file

02079\Certification Statement Plant ID 02079.pdf Plant certification statement

x 02079\Supplemental Documents\02079_CLIFFSIDE A5-2.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\02079_Cliffside A5-3.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\02079_Cliffside C2-31a.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\02079_Cliffside C2-31b.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\02079_Cliffside C2-31c.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\02079_Cliffside D3-1.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\02079_Cliffside FGD WWTS Description.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\02079_Unit 5 Cost Estimate.pdf Plant submitted supplemental files to the survey

02079\Supplemental Documents\CBI Substantiation\Duke Energy_EIP FOIA.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\CLIFFSIDE F5-6.pdf Plant submitted supplemental files to the survey

x 02079\Supplemental Documents\CLIFFSIDE G3-2.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
exh_101.htm



Exhibit 10.1







Fiscal Year 2014 Executive Annual Cash Incentive Plan of Hutchinson Technology Incorporated


 


Our board of directors has adopted, upon the recommendation of its compensation committee, an annual cash incentive plan for fiscal year 2014 for company executives, including its named executive officers.  The plan is designed to create an incentive for these executives to achieve goals that our board of directors believes align with the short- and long-term interests of our shareholders.  The plan incorporates company financial and operational measures.


 


Each participant in the plan is eligible for a target cash incentive opportunity equal to a specified percentage of his or her respective base salary.  Achievement of the threshold performance level for a particular goal is required before a participant is eligible to receive a payout for that goal.  Performance at the threshold level results in a payout of 50% of the applicable target amount, performance at or above the maximum level results in a payout of 200% of the target amount, and performance between threshold and target levels or between target and maximum levels will result in a pro rata payout.


 


For fiscal year 2014, a portion of each participant’s annual cash incentive opportunity is based on achievement of two company financial goals: the level of the company’s fiscal year end cash balance (net of borrowings under its revolving credit facility) and the level of the company’s profitability (measured by operating earnings or earnings before taxes, depending on the performance level) during the course of fiscal year 2014.


 


The remaining portion of each participant’s annual cash incentive opportunity for fiscal year 2014 is based on achievement of three company operational goals: one involving the annual volume of suspension assembly shipments and two involving average cost per part produced.


 


The total payout under the plan to any participant will be capped at the target level payout if the company does not report positive earnings before taxes for the full fiscal year.


 


The decisions to make cash incentive payments and on payment amounts are made annually, and payments are made in cash in the first quarter of the following fiscal year.  The compensation committee retains authority to adjust performance goals to exclude the impact of charges, gains or other factors that the compensation committee believes are not representative of the underlying financial or operational performance of our company.
Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

# District: 9
Federal Reserve Bank of: Minneapolis

## Filings received during the week ending March 6, 2010

|Filer | Filing Type | Filing Proposal | End of Comment Period
|----- | ----------- | --------------- | ---------------------
|NONE 

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

* Subject to the provisions of the Community Reinvestment Act

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6944

BERNARD THOMAS HORTON,

Petitioner - Appellant,

versus

ARCHIE GEE, Warden; ATTORNEY GENERAL OF THE

STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA97-334)

Submitted: October 10, 1997 Decided: November 12, 1997

Before HALL, HAMILTON, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bernard Thomas Horton, Appellant Pro Se. Ann Norman Bosse, OFFICE

OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.

1997). We have reviewed the record and the district court's opinion

accepting the recommendation of the magistrate judge and find no

reversible error. Accordingly, while we grant Appellant's motion to

amend his pleadings, we deny a certificate of appealability and

dismiss the appeal on the reasoning of the district court. Horton

v. Gee, No. CA-97-334 (D. Md. June 19, 1997). 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.

DISMISSED
##### 



Basic Form
 GSI Commerce, Inc.  2005 Equity Incentive Plan  Restricted Stock Unit Grant Notice
 Company Plan Award
 Participant:
    
    NameDate of Grant:
    
    DateNumber of Shares subject to Award:
    
    SharesConsideration:
    
    Your Services to the Company
 Vesting Schedule
 Additional Terms/Acknowledgements:
 Other Agreements:




---



##### 



GSI Commerce, Inc.
    
    ParticipantBy:Signature
    
    
    
    SignatureName:
    
    
    
    Name:Print
    
    
    
    PrintTitle:
    
    
    
    Date:Date:
 Attachments




---



##### 



Attachment I
 Restricted Stock Unit Agreement
 GSI Commerce, Inc.  2005 Equity Incentive Plan  Restricted Stock Unit Agreement
 Grant Notice Agreement Company Plan Common Stock Award
  1. Distribution of Shares of Common Stock Original Distribution Date
 2. Consideration.
 3. Vesting
 4. Number of Shares
 5. Conditions to Issuance and Delivery of Shares




---



##### 



6. Execution of Documents.
 7. Non-transferability.
 8. Award not a Service Contract
 9. Unsecured Obligation




---



##### 



10. Withholding Obligations
 (a)
 (b)
 11. Notices
 12. Headings .
 13. Amendment .
 14. Miscellaneous.
 (a)




---



##### 



(b)
 (c)
 (d)
 15. Governing Plan Document
 16. Effect on Other Employee Benefit Plans.
 17. Choice of Law .
 18. Severability.
#### § 7.1 General purpose of boundary lines.

The lines in this part delineate the application of the following U.S. statutes: 33 U.S.C. 152 relating to the length of towing hawsers; 33 U.S.C. 1201 *et seq.,* the Vessel Bridge-to-Bridge Radiotelephone Act; 46 U.S.C. 5102(b)(6), which exempt from load line requirements certain vessels on domestic voyages; 46 U.S.C. 3301(6) requiring the inspection of seagoing barges which are defined in 46 U.S.C. 2101(32); 46 U.S.C. 3301(7) requiring the inspection of seagoing motor vessels which are defined in 46 U.S.C. 2101(33); 46 U.S.C. 3302(d) which exempts from inspection requirements certain vessels under 150 gross tons that operate within the waters of southeastern Alaska and the State of Washington; and 46 U.S.C. 8304, “Implementing the Officers' Competency Certificates Convention, 1936.”

[CGD 81-058, 50 FR 25230, June 18, 1985, as amended by CGD 95-028, 62 FR 51195, Sept. 30, 1997; USCG-1998-4442, 63 FR 52188, Sept. 30, 1998]
§ 67.317 Requirement to renew endorsements on the Certificate of Documentation. ( a ) Except as provided in paragraph (b) of this section and except for recreational endorsements, which can be renewed for a period of 1, 2, 3, 4, or 5 years, the owner of a documented vessel must annually renew each endorsement upon the current Certificate of Documentation for that vessel in accordance with § 67.163.
( b ) The requirement of paragraph (a) of this section does not apply to Certificates of Documentation placed on deposit in accordance with § 67.165.
[CGD 89-007, CGD 89-007a, 58 FR 60266, Nov. 15, 1993, as amended by USCG-2020-0215, 86 FR 5031, Jan. 19, 2021; USCG-2023-0305, 88 FR 77902, Nov. 14, 2023]
```

[Journal of the House of Representatives, 1995]
[Monday, May 15, 1995 (66), Para 66.18 Recess--5:02 P.M.]
[Page 700]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.66.18  recess--5:02 p.m.

  The SPEAKER pro tempore, Mr. WELLER, pursuant to clause 12 of rule I, 
declared the House in recess at 5 o'clock and 2 minutes p.m., subject to 
the call of the Chair.
```
#### § 58.05-10 Automatic shut-off.

Main propulsion machinery must be provided with automatic shut-off controls in accordance with part 62 of this subchapter. These controls must shut down main propulsion machinery in case of a failure, such as failure of the lubricating-oil supply, that could lead rapidly to complete breakdown, serious damage, or explosion.

[CGD 83-043, 60 FR 24776, May 10, 1995]
§ 56.60-20 Nonferrous materials. Nonferrous materials listed in this subpart may be used in piping systems under the following conditions (see also § 56.10-5(c)): ( a ) The low melting points of many nonferrous metals and alloys, such as aluminum and aluminum alloys, must be recognized. These types of heat sensitive materials must not be used to conduct flammable, combustible, or dangerous fluids, or for vital systems unless approved by the Marine Safety Center. Note 1 to paragraph (a):
For definitions of flammable or combustible fluids, see §§ 30.10-15 and 30.10-22 of this chapter or parts 151-154 of this subchapter. Dangerous fluids are those covered by regulations in part 98 of this chapter.
( b ) The possibility of galvanic corrosion due to the relative solution potentials of copper and aluminum and their alloys should be considered when used in conjunction with each other or with steel or with other metals and their alloys when an electrolyte is present.
( c ) A suitable thread compound must be used in threaded joints in aluminum pipe to prevent seizing. Pipe in the annealed temper should not be threaded.
( d ) The corrosion resistance of copper bearing aluminum alloys in a marine atmosphere is poor and alloys with copper contents exceeding 0.6 percent should not be used. Refer to table 1 to § 56.60-2 for further guidance.
[CGFR 68-82, 33 FR 18843, Dec. 18, 1968, as amended by CGD 77-140, 54 FR 40612, Oct. 2, 1989; CGD 95-027, 61 FR 26001, May 23, 1996; USCG-2020-0634, 89 FR 50153, June 12, 2024]
§ 1012.1 General provisions. ( a ) The regulations contained in this part are issued pursuant to the provisions of 5 U.S.C. 552b(g), added by section 3(a) of the Government in the Sunshine Act, Pub. L. 94-409 (Act), and section 17(3) of the Interstate Commerce Act. They establish procedures under which meetings of the Surface Transportation Board (Board) are held. They apply to oral arguments as well as to deliberative conferences. They apply to meetings of the Board. They include provisions for giving advance public notice of meetings, for holding meetings which may lawfully be closed to the public, and for issuing minutes and transcripts of meetings.
( b ) The words *meeting* and *conference* are used interchangeably in this part to mean the deliberations of at least a majority of the members of the Board, where such deliberations determine or result in the joint conduct or disposition of official Board business. They do not include meetings held to determine whether some future meeting should be open or closed to the public. They do not include the deliberations of members of boards of employees of the Board.
( c ) These regulations are not intended to govern situations in which members of the Board consider individually and vote by notation upon matters which are circulated to them in writing. Copies of the votes or statements of position of all Board Members eligible to participate in action taken by notation voting will be made available, as soon as possible after the date upon which the action taken is made public or any decision or order adopted is served, in a public reading room or other easily accessible place within the Board, or upon written request to the Records Officer.
[42 FR 13796, Mar. 11, 1977, as amended at 64 FR 53266, 53267, Oct. 1, 1999; 74 FR 52905, Oct. 15, 2009]
```

[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Notices]
[Pages 13855-13856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04746]

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

AGENCY FOR INTERNATIONAL DEVELOPMENT

Board for International Food and Agricultural Development; Notice 
of Meeting

    Pursuant to the Federal Advisory Committee Act, notice is hereby 
given of the public meeting of the Board for International Food and 
Agricultural Development (BIFAD). The meeting will be held from 8:30 
a.m. to 12:30 p.m. on March 15, 2013 at the University of Missouri 
Reynolds Journalism Institute, S. 9th Street, Columbia, MO 65201. The 
central theme of this meeting will center on ``Globalization of 
agriculture and food research at land-grant universities: BIFAD public 
meeting at University of Missouri.''
    Dr. Brady Deaton, BIFAD Chair and Chancellor of the University of 
Missouri at Columbia, will preside over the meeting.
    The public meeting will begin promptly at 8:00 a.m. with opening 
remarks by BIFAD Chair Brady Deaton. The Board will address both old 
and new business during this time and hear updates from USAID, 
including reports on outreach visits by three BIFAD members. USAID will 
provide updates on the Higher Education Solutions Network and the 
Bureau for Food Security Feed the Future Food Security Innovation 
Center. This will be followed by a panel on global research priorities 
related to Sustainable Intensification and Integrated Pest Management 
as related to refinement of current USAID/BFS research focus areas and 
programmatic choices. A second panel will focus on agricultural 
research at U.S. universities in the context of global challenges. Time 
will then be allowed for public comment. Following this period, the 
Chair will adjourn the meeting.
    Those wishing to attend the meeting or obtain additional 
information about BIFAD should contact Susan Owens, Executive Director 
and Designated Federal Officer for BIFAD. Interested persons may write 
to her in care of the U.S. Agency for International Development, Ronald 
Reagan Building, Bureau for Food Security, 1300 Pennsylvania Avenue 
NW., Room 2.10-

[[Page 13856]]

214, Washington, DC 20523-2110 or telephone her at (202) 712-0218.

Susan Owens,
USAID Designated Federal Officer for BIFAD, Bureau for Food Security, 
U.S. Agency for International Development.
[FR Doc. 2013-04746 Filed 2-28-13; 8:45 am]
BILLING CODE P
```
§ 52.01-10 Automatic controls. ( a ) Each main boiler must meet the special requirements for automatic safety controls in § 62.35-20(a)(1) of this subchapter.
( b ) Each automatically controlled auxiliary boiler having a heat input rating of less than 12,500,000 Btu/hr. (3.66 megawatts) must meet the requirements of part 63 of this subchapter.
( c ) Each automatically controlled auxiliary boiler with a heat input rating of 12,500,000 Btu/hr. (3.66 megawatts) or above, must meet the requirements for automatic safety controls in part 62 of this subchapter.
[CGFR 68-82, 33 FR 18815, Dec. 18, 1968, as amended by CGD 81-030, 53 FR 17837, May 18, 1988; CGD 88-057, 55 FR 24236, June 15, 1990]
#### In the Matter of the Application of Nathaniel N. Shire, Appellant, for a Writ of Mandamus against Theodore A. Bingham, as Police Commissioner of the City of New York, Respondent.

*Matter of Shire,*137 App. Div 901, affirmed.

(Argued June 2, 1910;

decided June 17, 1910.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 22, 1910, which affirmed an order of Special Term denying a motion for a peremptory or alternative writ of *538mandamus to compel the defendant to restore the petitioner to the office of captain of police in the city of New York.

*Jacob Rouss*and *Louis J. Grant*for appellant.

*Archibald R. Watson, Corporation Counsel {James D. Bell*of counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Haight, Vann, Werner, Hiscook and Chase, JJ.