alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 6328** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. CLYDE DIAL, JR. , Defendant

- Appellant
.

Appeal from the United States District Court for the Eastern Dis trict of North Carolina , at Wilmington
. James C. Fox, Senior District Judge. ( 7:02

- cr - 00090

- F

- 1 )

Submitted : November 16, 2009 Decided: March 25, 2010

Before NIEMEYER and SHEDD , Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by un published per curiam opinion
. Clyde Dial, Jr., Appellant Pro Se. Anne Margaret Hayes, Rudolf A. Renfer, Assistant United States Attorneys, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CUR IAM: Clyde Dial, Jr. appeals the district court ’ s order denying his 18 U.S.C. § 3582(c)(2) (2006) motion for a reduction in sentence . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Dial , No. 7:02

- cr - 00090

- F

- 1 (E.D.N.C. Feb. 9, 2009) . 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 proce ss.
AFFIRMED
No. 57735.

protest 156173-K (Buffalo).

#### Carey & Skinner, Inc. *v.*United States,

Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of hair-on leather, a side upper leather made from calfskins, not in a form or shape suitable for conversion into footwear, the same in all material respects as that the subject of *Carey & Skinner, Inc.*v. *United States*(29 Cust. Ct. 8, C. D. 1436), the claim of the plaintiff was sustained as to entries 8253 and 8419. Insofar as the protest relates to entry 6708, it was dismissed as to said entry in *Carey & Skinner, Inc.*v. *United States*(31 Cust. Ct. 90, C. D. 1549).
<PAGE>

                                                                    Exhibit 10.4


                           DATAWARE TECHNOLOGIES, INC.
                       One Canal Park, Cambridge, MA 02141


Kurt Mueller
Stuberstrasse 11A
80638 Munchen
GERMANY

Dear Kurt:

This is a further amendment to the Agreement between you and Dataware
Technologies, Inc. dated December 31, 1998, as previously amended February 10,
2000 (the "Agreement").

Notwithstanding anything in the Agreement to the contrary, you agree that you
will not have the right to exercise your outstanding stock options under the
Dataware Technologies, Inc. Equity Incentive Plan on a "net exercise" basis as
described in the Agreement. However, instead of that, you shall have the right
to pay the exercise price for your options by tendering shares of common stock
that have been owned by you for at least six months, in lieu of paying the
exercise price in cash. The shares you tender shall be valued for this purpose
at their fair market value (defined as the closing price per share on the last
trading day prior to the date of exercise). For this purpose, the options will
be deemed to be exercised on the date you tender both the shares and a notice of
exercise to Dataware.

Except as amended hereby, the Agreement will continue in force. Please sign the
enclosed copy of this letter and return it to me to indicate your agreement with
the terms of this amendment.

Sincerely,

/s/ David Mahoney

David Mahoney
President and Chief Executive Officer

Agreed and accepted.



/s/ Kurt Mueller                                        April 14, 2000
-------------------------------------                   --------------
Kurt Mueller                                            Date
GEOLOGICAL SURVEY
BULLETIN 1000 PLATE 14

nL]

DEPTH OF SOIL SAMPLE, IN FEET
o

0 1000
ae
ZINC, IN PARTS PER MILLION

1 0 500
————)
LEAD, IN PARTS PER MILLION

2
8

8

8

CONCENTRATIONS OF LEAD AND ZINC

8

8

AVERAGE LEAD AND ZINC IN RESIDUUM,
IN PARTS PER MILLION
w
8

°
of
34
34
34
34
3
co
e
3
3
3S
y
3

T T T T
215 225 235 250 260 270 280 300
DISTANCE ALONG TRAVERSE, IN FEET

#300 N
< fe .280
7 270
EXPLANATION y “ J Cs
Zine é 0250 ife
Fa i Fed 9235
225
. 0215
a *200
Component of si
araltel to traverse. +190
170
PERCENT OF RESIDUAL Fe
MATERIAL IN SOIL

Less than 25 percent

Fe
25 to 50 percent #100

50 to 100 percent ee
70

Po Fe | 7 O°

50

#30 Pb Fe
20 a
0

a EXPLANATION

Area of lead mines and prospects
‘Symbols indicate unusual quantities of
‘elements containing iron or lead on thé surfoce

100
‘Sample point and the

distance along traverse, in feet
° 0 Fe Se
ees Direction and estimated amount

of land slope
MAP SHOWING THE RELATION OF THE SAMPLE POINTS
TO OLD LEAD MINES AND PROSPECTS

DISTRIBUTION OF LEAD AND ZINC IN SOIL NEAR POINT L IN THE POTOSI AREA

369614 O—56 (In pocket) No. 8
[Federal Register Volume 88, Number 182 (Thursday, September 21, 2023)]
[Notices]
[Page 65224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20418]


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

DEPARTMENT OF STATE

[Public Notice: 12184]


Notice of Determinations; Additional Culturally Significant 
Objects Being Imported for Exhibition--Determinations: ``Africa & 
Byzantium'' Exhibition

SUMMARY: On August 28, 2023, notice was published on page 58631 of the 
Federal Register (volume 88, number 165) of determinations pertaining 
to certain objects to be included in an exhibition entitled ``Africa & 
Byzantium.'' Notice is hereby given of the following determinations: I 
hereby determine that certain additional objects being imported from 
abroad pursuant to agreements with their foreign owners or custodians 
for temporary display in the aforesaid exhibition at The Metropolitan 
Museum of Art, New York, New York; the Cleveland Museum of Art, 
Cleveland, Ohio; and at possible additional exhibitions or venues yet 
to be determined, are of cultural significance, and, further, that 
their temporary exhibition or display within the United States as 
aforementioned is in the national interest. I have ordered that Public 
Notice of these determinations be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Reed Liriano, Program Coordinator, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6471; email: <a href="/cdn-cgi/l/email-protection#186b7d7b6c7177762a2c2d21586b6c796c7d367f776e"><span class="__cf_email__" data-cfemail="691a0c0a1d0006075b5d5c50291a1d081d0c470e061f">[email protected]</span></a>). The mailing address is U.S. 
Department of State, L/PD, 2200 C Street NW (SA-5), Suite 5H03, 
Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000, and Delegation of Authority No. 523 of December 22, 
2021.

Nicole L. Elkon,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. 2023-20418 Filed 9-20-23; 8:45 am]
BILLING CODE 4710-05-P


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##### 



CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      a)
    
    designed such disclosure controls and procedures, or caused such disclosure controls
and procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us
by others within those entities, particularly during the period in which this report is
being prepared;b)
    
    designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;c)
    
    evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; andd)
    
    disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the registrants internal control
over financial reporting; and
  a)
    
    all significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the registrants ability to record, process, summarize and report financial information;
andb)
    
    any fraud, whether or not material, that involves management or other employees who
have a significant role in the registrants internal control over financial reporting.
  /s/ Richard RudmanRichard RudmanChairman, Chief Executive Officer and President
# C_2019383EN.01006501.xml

| 11.11.2019 | EN | Official Journal of the European Union | C 383/65 |
| --- | --- | --- | --- |

11.11.2019

EN

Official Journal of the European Union

C 383/65

---

Action brought on 9 September 2019 — EP v Commission

(Case T-605/19)

(2019/C 383/74)

Language of the case: French

Parties

Applicant: EP (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the decision not to promote the applicant to grade AD 9 under the 2018 promotion procedure; |
| --- | --- |

—

annul the decision not to promote the applicant to grade AD 9 under the 2018 promotion procedure;

| — | order the European Commission to pay the costs. |
| --- | --- |

—

order the European Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

| 1. | First plea in law, alleging an inadequate statement of reasons provided in the reply rejecting the complaint, in particular having regard to the fact that the Joint Promotions Committee recommended that the applicant be promoted. |
| --- | --- |

1.

First plea in law, alleging an inadequate statement of reasons provided in the reply rejecting the complaint, in particular having regard to the fact that the Joint Promotions Committee recommended that the applicant be promoted.

| 2. | Second plea in law, alleging infringement of Article 45 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) by the Appointing Authority inasmuch as it did not actually carry out an examination of the comparative merits of all the officials eligible for promotion. |
| --- | --- |

2.

Second plea in law, alleging infringement of Article 45 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) by the Appointing Authority inasmuch as it did not actually carry out an examination of the comparative merits of all the officials eligible for promotion.

| 3. | Third plea in law, alleging that the contested decision is vitiated, in any event, by manifest errors of assessment, on the basis of the statement of grounds available for that decision. |
| --- | --- |

3.

Third plea in law, alleging that the contested decision is vitiated, in any event, by manifest errors of assessment, on the basis of the statement of grounds available for that decision.

| 4. | Fourth plea in law, alleging infringement of Article 24b of the Staff Regulations and of the sixth paragraph of Article 1 of Annex II to the Staff Regulations, inasmuch as the applicant was penalised on account of the staff representation duties he performs. |
| --- | --- |

4.

Fourth plea in law, alleging infringement of Article 24b of the Staff Regulations and of the sixth paragraph of Article 1 of Annex II to the Staff Regulations, inasmuch as the applicant was penalised on account of the staff representation duties he performs.

---
# Official Journal C 59A/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.CA2012.059.eng |
| --- | --- |
| Official Journal
  of the European Union | C 59A |
| | |
| English edition | Information and Notices | Volume 5528 February 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.CA2012.059.eng

Official Journal

of the European Union

C 59A

English edition

Information and Notices

Volume 5528 February 2012

---

| Notice No | Contents | page |
| --- | --- | --- |
| | V   Announcements |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2012/C 059A/01 | Information Society and Media DG (DG INFSO) — Publication of a vacancy for a Deputy Director-General (Grade AD 15) (Article 29(2) of the Staff Regulations) — COM/2012/10327 | 1 |

Notice No

Contents

page

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2012/C 059A/01

Information Society and Media DG (DG INFSO) — Publication of a vacancy for a Deputy Director-General (Grade AD 15) (Article 29(2) of the Staff Regulations) — COM/2012/10327

1

---

REVIEW OF COMPETITION C A OJs

Please find below the list of C A published during the present year.

Unless otherwise indicated, OJs are published in all language versions.

| 8 | (DA/EL/HU/IT/MT/PL) |
| --- | --- |
| 10 | |
| 17 | (LT) |
| 20 | (EN) |
| 22 | (DE/EN/FR) |
| 27 | |
| 30 | (FR) |
| 31 | (ES) |
| 37 | |
| 44 | |
| 46 | |
| 53 | |
| 55 | |
| 59 | |

8

(DA/EL/HU/IT/MT/PL)

10

17

(LT)

20

(EN)

22

(DE/EN/FR)

27

30

(FR)

31

(ES)

37

44

46

53

55

59

| EN | |
| --- | --- |

EN
RICHARD J. DURBIN COMMITIEE ON APPROPRIATIONS 

ILLINOIS COMMITIEE ON THE JUDICIARY 

ASSISTANT DEMOCRATIC LEADER ~nitro ~tatrs ~rnetr 

Washington, Blt 20510-no-t 

April 20, 2015 

COMMITIEE ON RULES 

AND ADMINISTRATION 

The Honorable Anthony Foxx 

Secretary 

The Honorable John Kerry 

Secretary 

U.S. Department of Transportation 

1200 New Jersey Avenue S.E. 

Washington, D.C. 20590 

Dear Secretary Foxx and Secretary Kerry: 

U.S. Department of State 

2201 C Street N.W. 

Washington, D.C. 20520 

I write to express my concern regarding recent reports that the three largest airlines of the 

Gulf States of Qatar and the United Arab Emirates (UAE) are receiving substantial government 

subsidies. Market distortion caused by state subsidies give these airlines an unfair advantage 

over U.S. carriers. As such, I urge you to carefully review this situation and consider appropriate 

action to uphold the legacy of our Open Skies agreements. 

I commend the Obama Administration's success in continuing the Open Skies policy of 

previous Administrations. Because of your efforts, the United States now has 114 Open Skies 

treaties and provides U.S. consumers and communities with greater choices in international air 

travel. While fair and open competition is the foundation of the Open Skies agreements, 

government subsidies by the Gulf States have disrupted the level playing field, forcing U.S. 

carriers to compete with foreign governments rather than foreign airlines. This distortion puts 

the foundation of our Open Skies agreements at risk and has the potential to render the 

agreements meaningless. 

The ramifications of these subsidies will be particularly felt in Illinois, which is home to 

Chicago's O'Hare International Airport. O'Hare is the second busiest airport in the nation and is 

the only U.S. airport supporting two competing international hub networks. United Airlines and 

American Airlines support roughly 25,000 jobs in the state and have invested heavily to build 

international route networks at O'Hare that connect mid-sized and smaller Illinois communities--

including Bloomington, Champaign, Decatur, Moline, Peoria, and Springfield--to the rest of the 

world. Unfair competition by foreign subsidized airlines has the potential to overwhelm U.S. 

carriers on key international routes and cause air service cuts and job losses as U.S. carriers are 

forced to exit these routes. The Administration can help prevent these losses by providing 

rigorous oversight and consulting with Qatar and the UAE to encourage fair competition in the 

international aviation marketplace. 

Thank you in advance for your attention to this important matter. 

711 HART SENATE OFFICE BUILDING 

WASHINGTON, DC 2051()..1304 

I 

s 1 0-150420-002 

United States Senate 

230 SOUTH DEARBORN, 38TH FLOOR 

CHICAGO, IL 60604 

(3121353-4952 

525 SOUTH EIGHTH STREET 

SPRINGFIELD. IL 62703 

(2171492-4062 

durbin.sonaw.gov 

1504 THIRD AVENUE 

SUITE 227 

ROCK ISLAND, IL 61201 

(3091786-5173 

PAUL SIMON FEDERAL BUILDING 

250 W. CHERRY STREET 

SUITE 115-D 

CARBONDALE, IL 62901 

(618) 351- 1122
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 20-0580V

UNPUBLISHED

DANIELLE COOLEY,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Chief Special Master Corcoran 

Filed: January 21, 2021

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC, for 

petitioner.

Christine Mary Becer, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

On May 11, 2020, Danielle Cooley filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.

2 (the 

“Vaccine Act”). Petitioner alleges that she suffered Guillain-Barré Syndrome (GBS) as a 

result of an influenza (“flu”) vaccination administered on October 10, 2018. Petition at 1. 

The case was assigned to the Special Processing Unit of the Office of Special Masters.

On January 20, 2021, Respondent filed his Rule 4(c) report in which he concedes

that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, Respondent has “concluded that petitioner suffered GBS following a flu 

vaccine within the Table time period, and there is not a preponderance of the medical 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required 

to post it on the United States Court of Federal Claims' website in accordance with the E-Government Act 

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government 

Services). This means the ruling will be available to anyone with access to the internet. In accordance 

with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, 

the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that 

the identified material fits within this definition, I will redact such material from public access. 

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease 

of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa 

(2012).
2

evidence that petitioner’s GBS was due to a factor unrelated to the vaccination.” Id. at 3. 

Respondent further agrees that “[t]he claim also meets the statutory severity requirements 

because petitioner experienced sequelae of her GBS for more than six months.” Id.

In view of Respondent’s position and the evidence of record, I find that 

Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
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ORDER

Page - 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

JAMES ERNEST DICKERSON,

Plaintiff,

v.

CAROL PORTER et al.,

Defendants.

Case No. C06-5235RJB

ORDER DENYING PLAINTIFF’S

MOTION FOR APPOINTMENT

OF COUNSEL

This civil rights action filed pursuant to 42 U.S.C. § 1983has been referred to the undersigned

Magistrate Judge pursuant to Title 28 U.S.C. § 636(b)(1)(B). Plaintiff has filed a motion for appointment

of counsel. (Dkt. # 7)

On June 5th, 2006 this court entered an order to show cause why plaintiff had not cured his in

forma pauperis application defects. (Dkt # 5). Mr. Dickerson did not respond and the court entered a

Report and Recommendation to deny the privilege of in forma pauperis status in this case. Plaintiff did

not reply or object to the Report and Recommendation and on August 21st, 2006 the Report and

Recommendation was adopted. (Dkt # 10).

Plaintiff has been given until September 21st, 2006 to pay the full 350 Dollar filing fee or this action

Case 3:06-cv-05235-RJB-JKA Document 12 Filed 09/01/06 Page 1 of 2
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ORDER

Page - 2

will be dismissed without prejudice. (Dkt. # 10). In light of that order the motion for appointment of

counsel is DENIED. 

The Clerk is directed to send plaintiff a copy of this Order and to remove (Dkt. # 7) from the

court calendar. 

DATED this 31st day of August, 2006.

/S/ J. Kelley Arnoild

J. Kelley Arnold

United States Magistrate Judge

Case 3:06-cv-05235-RJB-JKA Document 12 Filed 09/01/06 Page 2 of 2
From: smhinton@embarqmail.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 10:01:47 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Sarah Hinton

Nashville, NC 27856
No. 61611.

#### D & A Sclafani *v.*United States,

protest 303414-K (New York).

Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of condimento similar in all material respects to that the subject of *Paolo Alonge, Inc.*v. *United States*(38 Cust. Ct. 351, C. D. 1886), the claim of the plaintiff was sustained.