alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered July 25, 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 00353
- CV
WAYNE LENSING AND LE F T HANDER MARKETING, IN C., Appellant s V. DAVID CARD AND CLEO LOWE, Appellee On Appeal from the 298th Judicial District Cour t

Dallas County, Texas Trial Court Cause No. DC
- 12
- 06631



### O RDER The Court has before it appellants’ July 23, 2013 amended agreed motion to extend time to file their reply brief

. The Court GRANTS the motion and ORDERS that any reply brief be filed by Augu st 26, 2013.

/s/ ELIZABETH LANG

- MIERS JUSTICE
Kathleen Sebelius is substituted for her predecessor, Michael Leavitt,

 *

as Secretary of Health and Human Services, pursuant to Fed. R. App. P. 43(c)(2).

 ** This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision ***

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CARL ANDERSON,

 Plaintiff - Appellant,

 v.

KATHLEEN SEBELIUS, Secretary of *

Department of Health and Human

Services,

 Defendant - Appellee.

No. 09-35499

D.C. No. 3:08-cv-05171-BHS

MEMORANDUM**

Appeal from the United States District Court

for the Western District of Washington

Benjamin H. Settle, District Judge, Presiding

Submitted April 5, 2010*** 

FILED

APR 19 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-35499

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges. 

Carl Anderson appeals pro se from the district court’s summary judgment in

his action alleging discrimination in violation of Title VII and the Age

Discrimination In Employment Act. We have jurisdiction pursuant to 28 U.S.C.

§ 1291. We review de novo. Coons v. Sec’y of the U.S. Dep’t of the Treasury, 383

F.3d 879, 884 (9th Cir. 2004). We affirm.

The district court properly granted summary judgment on Anderson’s

discrimination claims because he failed to create a triable issue as to whether his

supervisors’ legitimate, nondiscriminatory reasons for their actions were a pretext

for discrimination. See Leong v. Potter, 347 F.3d 1117, 1124-25 (9th Cir. 2003)

(affirming summary judgment on Title VII claims where plaintiff did not raise a

genuine issue of material fact as to whether employer’s legitimate,

nondiscriminatory reason for challenged employment action was a pretext for an

impermissible motive); Coleman v. Quaker Oats Co., 232 F.3d 1271, 1282 (9th

Cir. 2000) (explaining that to survive summary judgment on an Age

Discrimination in Employment Act claim, the plaintiff must create a triable issue

as to whether the employer’s proffered reasons for the adverse employment action

were a pretext for discrimination).
3 09-35499

The district court properly granted summary judgment on Anderson’s

retaliation claim because he failed to show a causal connection between his

complaints to the Equal Employment Opportunity Commission and the adverse

employment decision. See Coons, 383 F.3d at 887-88. 

Anderson’s remaining contentions are unpersuasive. 

AFFIRMED.
#### Adolph Hermann, *Respondent, v.*The Niagara Fire Insurance Company, *Appellant.*

Judgment affirmed.
#### Jacob Benton *v.*George Bellows, and John Bellows, *Tr.*Cyrus Wheeler *v.*The Same. Francis Richardson *v.*the Same. Albert S. Twitchell *v.*The Same.

In an action committed by order of court, under the referee law of 1874, to a referee, upon whose report the plaintiff has elected a jury trial, the plaintiff, if the report cannot be used as evidence to the jury, may, at any time before the commencement of the trial, become nonsuit.

Foreign Attachment. The first two actions at the November term, 1874, were, by order of court, under the act of 1874, committed to a referee, who reported at the November term, 1875, in favor of the trustee, and the plaintiffs elected a jury trial. In the other two actions, the plaintiffs elected trial by jury, after taking the deposition of the trustee. At the October term, 1879, neither case having’ been opened to the jury, the plaintiffs severally moved to become nonsuit, the trustee objecting unless he should be first discharged.

*Benton Hutchins, Twitehell*<f* *Hvans,*and *Ladd*Fletcher,, for the plaintiffs.

*Ray, Drew*¿f* *Jordan*and *W. Sf H Heywood,*for the trustee.

Allen, J.

Ordinarily the plaintiff may, as a matter of right,, become nonsuit at any time before his case is opened to the jury *(Judge of Probate*v. *Abbot,*13 N. H. 21) ; and no reason appears why, in the last two cases, which were not referred, the motion for a nonsuit should not be allowed. The right to become non-suit has been denied in cases upon which an auditor or referee has. reported, upon the ground that it would be unequal and unjust to permit the plaintiff the privilege of overcoming an adverse report by a nonsuit, instead of by evidence upon a trial. *Fulford*v. *Converse,*54 N. H. 543; *Haskell*v. *Whitney,*12 Mass. 47. If the referee’s report in the first two cases would be evidence on the trial, the plaintiffs could not, as matter of right, destroy the legal advantage which the defendant had of a report conclusive, unless overcome by evidence. The doctrine of *King*v. *Hopkins,*57 N. H. 334, and *Copp*v. *Henniker,*55 N. H. 179, may be applied in the disposition of these cases. It is not, however, intended to affirm or disaffirm the correctness of the decisions in those cases, nor is it to be understood that the decision of the cases here is to be regarded as a precedent for deciding any future case. The plaintiffs, may become nonsuit.

*Motion granted.*

Stanley and Smith, J J., did not sit: the others concurred.
§ 238.431 Brake system. ( a ) A passenger train's brake system shall be capable of stopping the train from its maximum operating speed within the signal spacing existing on the track over which the train is operating under worst-case adhesion conditions.
( b ) The brake system shall be designed to allow an inspector to determine that the brake system is functioning properly without having to place himself or herself in a dangerous position on, under, or between the equipment.
( c ) Passenger equipment shall be provided with an emergency brake application feature that produces an irretrievable stop, using a brake rate consistent with prevailing adhesion, passenger safety, and brake system thermal capacity. An emergency brake application shall be available at any time, and shall be initiated by an unintentional parting of the train. A means to initiate an emergency brake application shall be provided at two locations in each unit of the train; however, where a unit of the train is 45 feet or less in length a means to initiate an emergency brake application need only be provided at one location in the unit.
( d ) The brake system shall be designed to prevent thermal damage to wheels and brake discs. The operating railroad shall demonstrate through analysis and testing that no thermal damage results to the wheels or brake discs under conditions resulting in maximum braking effort being exerted on the wheels or discs.
( e ) The following requirements apply to blended braking systems: ( 1 ) Loss of power or failure of the dynamic brake does not result in exceeding the allowable stopping distance;
( 2 ) The friction brake alone is adequate to safely stop the train under all operating conditions;
( 3 ) The operational status of the electric portion of the brake system shall be displayed for the train operator in the control cab; and
( 4 ) The operating railroad shall demonstrate through analysis and testing the maximum operating speed for safe operation of the train using only the friction brake portion of the blended brake with no thermal damage to wheels or discs.
( f ) The brake system design shall allow a disabled train's pneumatic brakes to be controlled by a conventional locomotive, during a rescue operation, through brake pipe control alone.
( g ) An independent failure-detection system shall compare brake commands with brake system output to determine if a failure has occurred. The failure detection system shall report brake system failures to the automated train monitoring system.
( h ) Passenger equipment shall be equipped with an adhesion control system designed to automatically adjust the braking force on each wheel to prevent sliding during braking. In the event of a failure of this system to prevent wheel slide within preset parameters, a wheel slide alarm that is visual or audible, or both, shall alert the train operator in the cab of the controlling power car to wheel-slide conditions on any axle of the train.
-----Original Message----- 

From: gc94112@yahoo.com [mailto:gc94112@yahoo.com] 

Sent: Monday, April 26, 2010 3:42 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 26, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

George Cunningham 

50 Paulding Street 

San Francisco, CA 94112
#### American Ferrofix Brazing Company, Respondent, *v.*Nathaniel R. Potter et al., Appellants.

*American Ferrofix Brazing Co.*v. *Potter,*133 App. Div. 938, affirmed.

(Argued October 4, 1910;

decided October 25, 1910.)

Appeal from a judgment of the Appellate Division of the. Supreme Court in the fourth judicial department, entered June 7, 1909, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court and an order *575denying a motion for a new trial in an action to recover upon a promissory note.

*8. D. Bentley*for appellants.

*William W. Armstrong*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Cli. J., Yann, Werner, Willabd Bartlett, Hiscook and Chase, JJ.
Editorial Note on Part 192
Editorial Note: Nomenclature changes to part 192 appear at 71 FR 33406, June 9, 2006.

§ 192.717 Transmission lines: Permanent field repair of leaks. Each permanent field repair of a leak on a transmission line must be made by— ( a ) Removing the leak by cutting out and replacing a cylindrical piece of pipe; or
( b ) Repairing the leak by one of the following methods: ( 1 ) Install a full encirclement welded split sleeve of appropriate design, unless the transmission line is joined by mechanical couplings and operates at less than 40 percent of SMYS.
( 2 ) If the leak is due to a corrosion pit, install a properly designed bolt-on-leak clamp.
( 3 ) If the leak is due to a corrosion pit and on pipe of not more than 40,000 psi (267 Mpa) SMYS, fillet weld over the pitted area a steel plate patch with rounded corners, of the same or greater thickness than the pipe, and not more than one-half of the diameter of the pipe in size.
( 4 ) If the leak is on a submerged offshore pipeline or submerged pipeline in inland navigable waters, mechanically apply a full encirclement split sleeve of appropriate design.
( 5 ) Apply a method that reliable engineering tests and analyses show can permanently restore the serviceability of the pipe.
[Amdt. 192-88, 64 FR 69665, Dec. 14, 1999]
PUBLIC LAW 109–49—AUG. 2, 2005 119 STAT. 457

Public Law 109–49

109th Congress

Joint Resolution

Expressing the sense of Congress with respect to the women suffragists who fought

for and won the right of women to vote in the United States.

Whereas one of the first public appeals for women’s suffrage came

in 1848 when Lucretia Mott and Elizabeth Cady Stanton called

a women’s rights convention in Seneca Falls, New York, on July

19, 1848;

Whereas Sojourner Truth gave her famous speech titled ‘‘Ain’t

I a Woman?’’ at the 1851 Women’s Rights Convention in Akron,

Ohio;

Whereas in 1869, suffragists formed two national organizations

to work for the right to vote: the National Woman Suffrage

Association and the American Woman Suffrage Association;

Whereas these two organizations united in 1890 to form the

National American Woman Suffrage Association;

Whereas in 1872, Susan B. Anthony and a group of women voted

in the presidential election in Rochester, New York;

Whereas she was arrested and fined for voting illegally;

Whereas at her trial, which attracted nationwide attention, she

made a speech that ended with the slogan ‘‘Resistance to Tyranny

Is Obedience to God’’;

Whereas on January 25, 1887, the United States Senate voted

on women’s suffrage for the first time;

Whereas during the early 1900s, a new generation of leaders joined

the women’s suffrage movement, including Carrie Chapman Catt,

Maud Wood Park, Lucy Burns, Alice Paul, and Harriot E. Blatch;

Whereas women’s suffrage leaders devoted most of their efforts

to marches, picketing, and other active forms of protest;

Whereas Alice Paul and others chained themselves to the White

House fence;

Whereas the suffragists were often arrested and sent to jail, where

many of them went on hunger strikes;

Whereas almost 5,000 people paraded for women’s suffrage up

Pennsylvania Avenue in Washington, DC; and

Whereas on August 26, 1920, the 19th Amendment to the United

States Constitution granted women in the United States the

right to vote: Now, therefore, be it

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That it is the

sense of Congress that women suffragists should be revered and

Carrie Chapman

Catt.

Maud Wood

Park.

Lucy Burns.

Alice Paul.

Harriot E.

Blatch.

Susan B.

Anthony.

National Woman

Suffrage

Association.

American

Woman Suffrage

Association.

Sojourner Truth.

Lucretia Mott.

Elizabeth Cady

Stanton.

Aug. 2, 2005

[H.J. Res. 59]

119 STAT. 458 PUBLIC LAW 109–49—AUG. 2, 2005

LEGISLATIVE HISTORY—H.J. Res. 59:

CONGRESSIONAL RECORD, Vol. 151 (2005):

July 25, considered and passed House.

July 28, considered and passed Senate.

Æ

celebrated for working to ensure the right of women to vote in

the United States.

Approved August 2, 2005.
```

[Journal of the House of Representatives, 1995]
[Monday, September 18, 1995 (116), Para 116.13 Recess--1:00 P.M.]
[Page 1366]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.116.13  recess--1:00 p.m.

  The SPEAKER pro tempore, Mr. CLINGER, pursuant to clause 12 of rule I, 
declared the House in recess at 1:00 p.m., until 3:00 p.m.
```
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 7139

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ANTONIO DEMOND BYERS , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte

. Frank D. Whitney , District Judge. ( 3:01

- cr - 00002

- FDW

- 3 )

Submitted : April 26, 2022 Decided: April 28, 2022

Before AGEE and THACKER , Circuit Judges , and FLOYD, Senior Circuit Judge

.
Affirmed by un published per curiam opinion

. Antonio Demond Byers, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Antonio Demond Byers appeals the district court ’ s order denying his 18 U.S.C. § 3582(c)(1)(B) motion s for a sentence reduction pursuant to § 404(b) of the First Step Act of 2018, Pub. L. No. 115

- 391, 132 Stat. 5194, 5222. We have reviewed the record and f ind no reversible error. Accordingly, we affirm the district court’s order. United States v. Byers , No. 3:01

- cr - 00002

- FDW

- 3 (W.D.N.C. July 14, 2021). We dispense with oral argument because the facts and legal contentions are adequately presented in the m aterials before this court and argument would not aid the decisional process.
AFFIRMED
-----Original Message----- 

From: janice_mcelroy@compuserve.com 

[mailto:janice_mcelroy@compuserve.com] 

Sent: Sunday, April 25, 2010 4:25 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Janice Mcelroy 

130 Rush Rd. 

Henniker, NH 03242
##### 



AMERICA WEST HOLDINGS CORPORATION
March 31, 2003

Exhibit 99.1

CEO CERTIFICATION

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, W. Douglas
Parker, the Chief Executive Officer of America West Holdings Corporation (the
Company) and Derek J. Kerr, the Chief Financial Officer of the Company,
hereby certify that, to the best of their knowledge:

1.The Companys Quarterly Report on Form 10-Q for the period ended March 31,
2003, and to which this Certification is attached as Exhibit 99.1 (the
Periodic Report) fully complies with the requirements of section 13(a) or
section 15(d) of the Securities Exchange Act of 1934, and

2.The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

In Witness Whereof,the undersigned have set their hands hereto as of the
23rd day of April, 2003.

| |  |                        
| |  | -----------------------
| |  | /s/ W. Douglas Parker  
| |  |                        
| |  |                        
| |  | W. Douglas Parker      
| |  | Chief Executive Officer
| |  |                        
| |  | /s/ Derek J. Kerr      
| |  |                        
| |  |                        
| |  | Derek J. Kerr          
| |  | Chief Financial Officer

A signed original of this written statement required by Section 906 has been
provided to America West Holdings Corporation and will be retained by America
West Holdings Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-Q to which it relates, is not
deemed filed with the SEC and is not to be incorporated by reference into any
filing of the Company under the Securities Act of 1933, as amended, or the
Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-Q, irrespective of any general incorporation language
contained in such filing.)
| DOI ActivitiesInitiatives  Healthy ForestsImproving National ParksWater 2025Cooperative ConservationTake Pride in AmericaNational Energy PlanThe proposed funding will assist Tohono O'odham Nation Police in making additional drug smuggling arrests such as this near Sells, Arizona.Bush Administration Budget Includes Funding for Tohono O'odham Nation Border Security**SELLS, AZ** - President Bush has requested $1.4 million for FY 2005 to support border security efforts of the Tohono O'odham Nation, whose reservation in southern Arizona shares a 75-mile border with Mexico.  DOI's Principal Deputy Assistant Secretary for Indian Affairs, Aurene M. Martin, made the announcement during a visit here this week.The President's request will             help the tribe address law enforcement border issues on the Tohono             O'odham Nation reservation as part of the administration's efforts             to improve homeland security in Indian Country. 	  The Department of the Interior, comprising the eight bureaus listed at the right:Manages 1 out of every 5 acres of land in the US.Provides the resources for nearly one-third of the Nation's energy.Works with 562 federally recognized Indian Tribes.Administers U.S. responsibility to four overseas Territories.Provides water to 31 million citizens through 900 dams and reservoirs.Special Trustee |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
```

[Journal of the House of Representatives, 1995]
[Thursday, June 29, 1995 (89), Para 89.37 Reports of Committees on Public Bills and Resolutions]
[Page 1086]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.89.37  reports of committees on public bills and resolutions

  Under clause 2 of rule XIII, reports of committees were delivered to 
the Clerk for printing and reference to the proper calendar, as follows:

       Mr. GOSS. Committee on Rules. House Resolution 177. 
     Resolution providing for the further consideration in the 
     Committee of the Whole of the bill (H.R. 1868) making 
     appropriations for foreign operations, export financing, and 
     related programs for the fiscal year ending September 30, 
     1996, and for other purposes (Rept. No. 104-167). Referred to 
     the House Calendar.
       Mrs. WALDHOLTZ: Committee on Rules. House Resolution 179. 
     Resolution providing for immediate consideration of a 
     concurrent resolution providing for adjournment of the House 
     and Senate for the Independence Day district work period 
     (Rept. No. 104-168). Referred to the House Calendar.
       Ms. PRYCE: Committee on Rules. House Resolution 180. 
     Resolution waiving points of order against the conference 
     report to accompany the bill (H.R. 483) to amend title XVIII 
     of the Social Security Act to permit Medicare select policies 
     to be offered in all States, and for other purposes (Rept. 
     No. 104-169). Referred to the House Calendar.
       Mr. GOODLING: Committee on Economic and Educational 
     Opportunities. H.R. 1557. A bill to authorize appropriations 
     for fiscal year 1996, 1997, 1998 for the National Endowment 
     for the Arts, the National Endowment for the Humanities, and 
     the Institute for Museum Services; and to repeal the National 
     Foundation on the Arts and the Humanities Act of 1965 
     effective October 1, 1998; with an amendment (Rept. No. 104-
     170). Referred to the Committee of the Whole House on the 
     State of the Union.
```