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

HANDDOWN LIST OF APRIL 28 , 2015

WESTERN DISTRICT

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 84.16(b)

AND ISSUED PER CURIAM



### ------------------------------------------------------------------

WD76988 Edward L. Hoeber vs. State of Missouri

W D 7 6992 Carla Klippel vs. Division of Employment Security

WD77070 Robin S. Roggenbuck vs. State of Missouri

WD77612 Janet Daniel vs. Janet M. Perry VanWye, Michael L. VanWye and

Rosalie E. VanWye

THE FOLLOWING CASES WERE AFFIRMED PURSUANT TO RULE 30.25(b)

AND ISSUED PER CURIAM



### ---------------------------------------------------------------- --

WD77563 State of Missouri vs. Steve D. Moxley
UNITED STATES DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASIDNGTON, D.C. 

IN THE MATTER OF 

MACH ONE AIR CHARTERS, INC. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Proceedings) 

FDMS NO. FAA-2015-0643 

RECEIVED 

JUN 2 2 2015 

HEARING DOCKET 

COMPLAINANT'S AMENDMENT OF COMPLAINT 

Pursuantto 14 C.F.R. § 13.214(b)(l), the Complainant, by and through its Regional 

Counsel, hereby amends Section II, paragraph 9, of the complaint in the above matter to read as 

follows: 

9. On or about May 12, 2014, after the events referenced above, Respondent operated 

civil aircraft N881A on a flight in air commerce from St. Paul, Minnesota, to Chicago 

Executive Airport, Wheeling Illinois. 

Served this 151

h day ofJune 2015. 

HOWARD L. MARTIN, JR 

Regional Counsel 

By.JJJ-~ H. Brown 

Senior Attorney 

1 
CERTIFICATE OF SERVICE 

Re: Mach One Air Charters, Inc. 

FAA Case No. 2014WP210018 

DMS NO. FAA-2015-0643 

I hereby certify that on this date I served a copy of the COMPLAINANT'S AMENDMENT 

OF COMPLAINT postage-prepaid, certified mail, return receipt requested, addressed as 

follows: 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

Office of Hearings, M-20; 

U.S. Department of Transportation 

1200New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

H. Dan Hill, CEO 

Mach One Air Charters, Inc., Respondent 

7000 Merrill Avenue, #63 

Chino, CA 91710 

Steven L. Graff, Respondent's counsel 

Steven L. Graff, Inc. 

43399 Calle De Velardo 

Temecula, CA 92592 

I further certify that on this date I have served the original and a copy of the 

COMPLAINANT'S AMENDMENT OF COMPLAINT by postage-prepaid, certified mail, 

return receipt requested, addressed as follows: 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2W1000 

Office of the Regional Counsel 

222 West 7th Avenue #14 

Anchorage,Alaska 99513-7587 

2
Exhibit 10.11


FIRST AMENDMENT TO
THE

BUILDING MATERIALS CORPORATION OF AMERICA

2001 LONG-TERM INCENTIVE PLAN






WHEREAS, Building Materials
Corporation of America, a Delaware corporation (the “Company”) maintains the
Building Materials Corporation of America 2001 Long-Term Incentive Plan (the “Plan”);
and


WHEREAS, the Plan by its terms
is scheduled to terminate on December 31, 2005;


WHEREAS, Section VI of the
Plan reserves to the Board the right to amend the Plan at any time; and the
Company desires to amend the Plan to extend the term of the Plan through December 31,
2007.


NOW THEREFORE, effective
as of December 20, 2005, the second paragraph of the INTRODUCTION section
of the Plan is hereby amended in its entirety to read as follows:


“The Plan shall become effective on December 31,
2000 (the “Effective Date”), pursuant to the approval by the Board (as
hereafter defined) by action taken by the Board at a meeting duly called and
held on March 1, 2001. This Plan shall terminate on December 31, 2007
(unless sooner terminated by the Board).”


*   *   *


IN WITNESS WHEREOF,
the Company has
caused this instrument to be executed by its duly authorized officer this 30th
day of December, 2005.




	
  BUILDING MATERIALS CORPORATION OF AMERICA

  
	
   

  	
  By:

  	
  /s/ PATRICIA H. KIM

  
	
   

  	
   

  	
  Patricia H. Kim

  
	
   

  	
   

  	
  Vice President—Employment & Labor
----- Forwarded by Zach ary Pekar/RTP/USEPA/US on 10/15/2012 02:00 PM

-----

From: "Antonella Zanobetti" <AZANOBET@hsph.harvard.edu>

To: Zachary Pekar/RTP/USEPA/US@EPA

Cc: Bryan Hubbell/RTP/USEPA/US@EPA, Pradeep Rajan/RTP/USEPA/US@EPA

Date: 12/22/2011 10:21 AM

Subject: Re: Reques t for adjusted (weighted) city

- specific effect estimates for use in the ozone NAAQS risk

assessment (and clarification on the nature of the study areas used)

Hi Zach,

yes, I first run the meta

- analysis and obtained the same results as in the paper for the 0

- 3

distributed lag.

the I created the city specific shrunken estimates.

hope this answer your question

have a great holiday

Antonella

>>> Zachary Pekar <Pekar. Zachary@epamail.epa.gov> 12/21/2011 1:49 PM >>>

Antonella,

These look great and THANKS again!

But, I did want to confirm that they represent city

- specific estimates

derived in the 1st of the 2

- stage procedure used to generate the

national

- scale mortalit y estimates reported in your article "Mortality

Displacement in the Association of Ozone with Mortality"

- 2008 (i.e.,

the national estimates presented in Table 1 for the 0

- 3 day lag). My

reason for verifying this is that (as I mentioned in the original

e

- mail), we have to be able to assert that these essentially represent

published data. By basing them on the same statistical analysis used in

generating national

- estimates published in the above article, we are

meeting that requirement.

Thanks!

zach

Zach ary Pekar, MSPH, PhD

Human Health Risk Assessment

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

tele: (919) 541

- 3704

e

- mail: pekar.zachary@epa.gov
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 11451 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
JOSE ANTONIO VALDEZ

- VILLALOBOS, also known as Tony , Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:16

- CR

- 286

- 1

Before CLEMENT, GRAVES, and OLDHAM, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Jose Antonio Valdez

- Villalobos has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Valdez

- Villalobos has filed a response and a motion for appointment of new counsel. The record is not sufficiently developed to allow us to make a fair evaluation of Valdez

- Villalobos ’s claim of ine ffective

* Pursuant to 5 TH C IR

. R. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 20, 2019 Lyle W. Cayce Clerk Case: 18-11451 Document: 00515207335 Page: 1 Date Filed: 11/20/2019No. 18

- 11451

2 assistance of counsel; we therefore decline to consider the claim without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014 )

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Valdez

- Villalobos ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. According ly, Valdez

- Villalobos’s motion for the appointment of new counsel is DENIED, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R . 42.2. Case: 18-11451 Document: 00515207335 Page: 2 Date Filed: 11/20/2019
## COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

NO. 02

- 16

- 00118

- CR NO. 02

- 16

- 00119

- CR NO. 02

- 16

- 00120

- CR

WALEED H. HAWIDI APPELLANT

V.

THE STATE OF TEXAS STATE

------------
FROM CRIMINAL DISTRICT COURT N O . 3 OF TARRANT COUNTY TRIAL COURT NO S . 1271961D, 1271962D , 1271964D

---------- 

### MEMORANDUM OPINION 1

---------- We have considered “Appellant’s Motion To Dismiss Appeal [s] And Agreed

Mo tion To Accelerate Mandate [s]

. ” 2 The motion complies with rule 42.2(a) of the

1 See Tex. R. App. P. 47.4.

2 The certificate of conference states that the “Tarrant County Criminal District Attorney’s office does not oppose this motion and is in agreement with the issuance of the ma ndate being accelerated.”2

rules of appellate procedure. See Tex. R. App. P. 42.2(a). No decision of this
court having been delivered before we received this motion, we grant the motion

and dismiss thes e appeals. See Tex. R. App. P. 42.2(a), 43.2(f). By agreement
of the parties, the mandate will immediately issue in each of Appellant’s three
appeals

. See Tex. R. App. P. 18.1(c).

/s/ Sue Walker SUE WALKER JUSTICE
PANEL: WALKER, MEIER, and GABRIEL, JJ.

DO NOT PUBL ISH Tex. R. App. P. 47.2(b)
DELIVERED: May 12, 2016
# Continuation of the National Emergency With Respect to Certain Terrorist Attacks

Consistent with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency I declared on September 14, 2001, in Proclamation 7463, with respect to the terrorist attacks at the World Trade Center, New York, New York, the Pentagon, and aboard United Airlines flight 93, and the continuing and immediate threat of further attacks on the United States.

Because the terrorist threat continues, the national emergency declared on September 14, 2001, last extended on September 5, 2006, and the powers and authorities adopted to deal with that emergency, must continue in effect beyond September 14, 2007. Therefore, I am continuing in effect for an additional year the national emergency I declared on September 14, 2001, with respect to the terrorist threat. 

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

[FR Doc. 07-4593

Billing code 3195-01-P
-----Original Message----- 

From: tomastic@indiana.edu [mailto:tomastic@indiana.edu] 

Sent: Tuesday, April 27, 2010 2:22 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 27, 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, 

june tomastick 

215 E. 2nd St. 

bloomington, IN 47401
-----Original Message----- 

From: papag_436@hotmail.com [mailto:papag_436@hotmail.com] 

Sent: Tuesday, April 27, 2010 6:09 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 27, 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, 

Keith Graham 

3201 W. 70th Pl. #2 

Anchorage, AK 99502
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 172 Introduced in House (IH)]

107th CONGRESS
  1st Session
H. RES. 172

 Honoring John J. Downing, Brian Fahey, and Harry Ford, who lost their 
              lives in the course of duty as firefighters.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2001

   Mr. Grucci (for himself, Mrs. Maloney of New York, Mr. King, Mr. 
 Crowley, Mr. Meeks of New York, Mr. Hinchey, Mr. Israel, Mr. Gilman, 
 Mr. Pascrell, Mr. McHugh, Mrs. McCarthy of New York, Mr. Sweeney, Mr. 
    Walsh, Mr. Fossella, and Mr. Ackerman) submitted the following 
  resolution; which was referred to the Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
 Honoring John J. Downing, Brian Fahey, and Harry Ford, who lost their 
              lives in the course of duty as firefighters.

Whereas on June 17, 2001, 350 firefighters and numerous police officers 
        responded to a 911 call that sent them to Long Island General Supply 
        Company in Queens, New York;
Whereas a fire and an explosion in a two-story building had turned the 128-year-
        old, family-owned store into a heap of broken bricks, twisted metal, and 
        shattered glass;
Whereas all those who responded to the scene served without reservation and with 
        their personal safety on the line;
Whereas two civilians and dozens of firefighters were injured by the blaze, 
        including firefighters Joseph Vosilla and Brendan Manning who were 
        severely injured;
Whereas John J. Downing of Ladder Company 163, an 11-year veteran of the 
        department and resident of Port Jefferson Station, and a husband and 
        father of two, lost his life in the fire;
Whereas Brian Fahey of Rescue Company 4, a 14-year veteran of the department and 
        resident of East Rockaway, and a husband and father of three, lost his 
        life in the fire; and
Whereas Harry Ford of Rescue Company 4, a 27-year veteran of the department from 
        Long Beach, and a husband and father of three, lost his life in the 
        fire: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) honors John J. Downing, Brian Fahey, and Harry Ford, 
        who lost their lives in the course of duty as firefighters, and 
        recognizes them for their bravery and sacrifice;
            (2) extends its deepest sympathies to the families of these 
        three brave heroes; and
            (3) pledges its support and to continue to work on behalf 
        of all of the Nation's firefighters who risk their lives every 
        day to ensure the safety of all Americans.
                                 <all>
```
UNITED STATES CIRCUIT COURT.

#### Seabury & Johnson agt. John M. Grosvenor.

*Trade-marh*— *Fraudulent representation.*

Courts of equity refuse to interfere in behalf of persons who claim property in a trade-mark, acquired by advertising their wares under representations which are false.

*June,*1877.

This suit was brought by Seabury *&*Johnson, plaintiffs, for an injunction against John M. Grosvenor, for an alleged infringement of a trade-mark.

" The alleged trade-mark was claimed by Seabury & Johnson to consist of the word “ capcine,” as used in their “ Benson’s Capcine Plasters.” The evidence showed that, prior to commencing this suit, Seabury & Johnson had falsely represented, in their circulars accompanying their plasters, that they were made of “ capcine,” and that “capcine” was “a vegetable principle of great value, recently discovered by a celebrated chemist,” &c., the truth being that there was, and is, no such word or substance as “ capcine ” in chemistry or medicine, or otherwise, while “ capsicin,” the word used by the defendant Grosvenor, is the name of a real substance well known in chemistry and medicine.

*R. Cox,*for plaintiffs.

*J. W. Howe,*for defendant.

*193Blatchford, *J.*

The evidence is clear that the plaintiffs were systematically and knowingly carrying on a fraudulent trade. Although they may have omitted the fraudulent and deceptive and untrue language from their circulars before this suit was commenced, yet if they have any property in the trade-mark which they claim title to, they acquired such property by the use, for a considerable time, of such language in the circulars which accompanied the articles they sold, and in respect to which the trade-mark is claimed. Such language was to the effect that “a celebrated chemist had recently discovered a vegetable principle of great value, and prior to making it generally known had introduced it into hospitals, and had generously extended its use to the most successful physicians; that the flattering and astonishing results which characterized its action, at once stamped it as the most remarkable principle ever discovered; that this powerful remedy was named capcine, and that it was used in plasters prepared by the plaintiffs, and called Benson’s Capcine Plasters.” A registered trade-mark is claimed in the word “ capcine.” Courts of equity refuse to interfere in behalf of persons who claim property in a trade-mark acquired by advertising their wares under such representations as those above cited, if they are false. It is shown that there is no such article as capcine known in chemistry or medicine, or otherwise. The authorities are clear that in a case of this description a plaintiff loses his right to claim the assistance of a court of equity *(Lee*agt. *Haley, L. R.,*5 *Chy. App. Cas.,*159; *Leather Cloth Co.*agt. *American Leather Cloth Co.,*4 *De*G., *J. & S.,*142).

The motion for an injunction is denied.
Exhibit 10.13





1414 RADCLIFFE
STREET, SUITE 300

BRISTOL, PA 19007

215.633.1900 TEL /215.633.4423 FAX

WWW.SDI.COM


May 10, 2005


Mr. Philip Flynt

6655 Chelsea Gardens Way

Cumming, GA  30040


Dear Philip,


I have outlined the offer
for employment at SDI below.


Summary of Offer




	
  Start Date:

  	
   

  	
  Monday, May 9, 2005

  
	
  Position:

  	
   

  	
  Vice President, Chief Financial Officer and Treasurer

  
	
  Salary:

  	
   

  	
  $180,000.00 per year
  paid in regular bi-weekly installments.

  
	
  Target Bonus:

  	
   

  	
  Thirty percent (30%) of
  salary based upon a combination of mutually agreed individual goals and
  corporate performance parameters. The normal distribution is in the
  March 2006 timeframe.

  
	
  Benefits Package:

  	
   

  	
  As delivered.

  
	
  Severance:

  	
   

  	
  Six (6) months
  except in the event employment is terminated for cause.

  
	
  Perquisites:

  	
   

  	
  Temporary living
  allowance to aid in your move decision.

  
	
  Travel:

  	
   

  	
  Paid for by company for
  6 months.

  






 











Mr. Philip Flynt

May 10, 2005

Page 2


Philip, we are very
excited about your joining our team. While we have some challenges that require
your immediate attention, I believe that with your talent and support, we will
continue to grow a very prosperous business.


Sincerely,


/s/ Donald C. Woodring


Donald C. Woodring


DCW/sam


Accepted by:




	
  /s/ Philip D. Flynt

  
	
  on this  10th
  day of May, 2005

  






 


	
  StoreLogicSM

  	
  StoreBuilderSM

  	
  In Plant Store®
#### § 236.341 Latch shoes, rocker links, and quadrants.

Latch shoes, rocker links, and quadrants of Saxby and farmer machines shall be maintained so that locking will not release if a downward force not exceeding a man's weight is exerted on the rocker while the lever is in the mid-stroke position.
EBSA-2010-0050-DRAFT-0875.html[7/21/2015 5:04:03 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvb-c48n

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-0875

Comment on FR Doc # 2015-14921

Submitter Information

Name: Anonymous Anonymous

General Comment

My retirement money is MINE and I am vehemently opposed to any regulation that would restrict how and if I

 can use my retirement money. This is my 401k plan that I set aside my own money towards. I should be allowed

 to remove and use it any way I want. Do we still live in America? Please stop your communist agenda and stop

 violating my rights to property.

Thank you very much
PUBLIC SUBMISSION

As of: 7/18/15 9:14 PM

Received: July 16, 2015

Status: Pending_Post

Tracking No. 1jz-8k0n-wd4b

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; 

Notice of proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related 

Proposed Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-2506

Comment on FR Doc # 2015-14921

Submitter Information

Name: Jeff Helblig

Address: 

916 W. Jackson St.

Decatur, IN, 46733

Email: helbligjt@live.com

General Comment

I am smart enough to take care of my own retirement.

Thank you,

Jeff
#### § 199.200 Purpose.

The purpose of this subpart is to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol by employees who perform covered functions for operators of certain pipeline facilities subject to parts 192, 193, or 195 of this chapter.
EBSA-2010-0050-DRAFT-1273.html[7/22/2015 9:42:30 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jve-jnce

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-1273

Comment on FR Doc # 2015-14921

Submitter Information

Name: Chad Anonymous

General Comment

Leave my money alone. In fact I want less restrictions on how I invest my money.
-----Original Message----- 

From: eandmad@aol.com [mailto:eandmad@aol.com] 

Sent: Monday, April 26, 2010 12:41 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I, as someone with a family full of mental illness, 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). This should be a finalized rule. 

This strong rule 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. 

This is cruicial is creating equity in healthcare and destigmatizing 

mental illness. 

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

coverage are included in a single deductible. 

Sincerely, 

Madeline Stacy 

494 Ribier CT 

Manteca, CA 95336