alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 June 21, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41252 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OSCAR HERNANDEZ-FLORES, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:03-CR-999-1

-------------------- Before STEWART, DENNIS, and OWEN, Circuit Judges.
PER CURIAM: * The Federal Public Defender appointed to represent Oscar Hernandez-Flores (Hernandez) on appeal has moved for leave to withdraw and has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Hernandez has not responded to counsel’s motion. Our independent review of the brief and the record discloses no nonfrivolous issue in this appeal. Accordingly, the motion for leave to withdraw is GRANTED, counsel is excused from furtherNo. 05-41252 -2- responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR . R. 42.2.
No. 53578.

protests 129112-K and 130311-K (New York).

#### Parker Co. *v.*United States,

Opinion by

Ford, J.

In accordance with stipulation of counsel that certain items of the merchandise consist of sisal handbags similar in all material respects to those the subject of *United States*v. *Goldberg & Seltzer, Inc.*(36 C. C. P. A. 64, C. A. D. 399), the claim of the plaintiff was sustained.
tues-ex102_13.htm



Exhibit 10.2

AMENDMENT TO Consulting AGREEMENT

 

This is an Amendment (“Amendment”) to the Consulting Agreement with an Effective Date of July 1, 2016 between William Montalto and Tuesday Morning, Inc. (the “Agreement”).

 

The parties agree as follows:

 

1. Section II A. Compensation is hereby amended and restated to read as follows:

 

A.Compensation.  Subject to Section V.A. Period, as full compensation for the Consulting Services rendered pursuant to this Agreement, the Company shall pay Consultant the following fee (the “Consulting Fee”):  $15,000.00 per month for Consulting Services rendered in July, August, and September and $7,500.00 per month for Consulting Services rendered in October, November, and December.  The Consulting Fee shall be paid on each of the following dates:  July 30, August 30, September 30, October 30, November 30, and December 30. 

 

2.This Amendment is effective as of October 1, 2016.

 

3.Except as specifically changed by this Amendment, the Agreement in all other respects continues in full force and effect.

 

IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates set forth below.

 


		
	
 

William Montalto
	
 

Tuesday Morning, Inc.

	
 

 

 

By:  /s/ William Montalto
	
 

 

 

By:  /s/ Stacie Shirley

	
 

Date:  10/5/16
	
 

Name:  Stacie Shirley

 

Title:  EVP/CFO & Treasurer

	
 
	
 

Date:  10/5/16
# EUR-Lex - 52007DC0082 - EN

Important legal notice

*|*

# 52007DC0082

**Report from the Commission to the Council - Anti-dumping proceeding concerning imports of pentaerythritol originating in the People’s Republic of China, Russia, Turkey, Ukraine and the United States of America /* COM/2007/0082 final */ **

*

*

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 5.3.2007

COM(2007) 82 final

REPORT FROM THE COMMISSION TO THE COUNCIL

Anti-dumping proceeding concerning imports of pentaerythritol originating in the People’s Republic of China, Russia, Turkey, Ukraine and the United States of America

REPORT FROM THE COMMISSION TO THE COUNCIL

Anti-dumping proceeding concerning imports of pentaerythritol originating in the People’s Republic of China, Russia, Turkey, Ukraine and the United States of America

This report is made pursuant to Article 9.2 of Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (OJ L 56, 6.3.1996, p. 1).

Article 9 of this Regulation stipulates the following:

"Termination without measures; imposition of definitive duties

1. Where the complaint is withdrawn, the proceeding may be terminated unless such termination would not be in the Community interest.

2. Where, after consultation, protective measures are unnecessary and there is no objection raised within the Advisory Committee, the investigation or proceeding shall be terminated. In all other cases, the Commission shall submit to the Council forthwith a report on the results of the consultation, together with a proposal that the proceeding be terminated . The proceeding shall be deemed terminated if, within one month, the Council, acting by a qualified majority, has not decided otherwise". (emphasis added) .

After consultations on the proposal to terminate the proceeding, objections were raised in the Advisory Committee. The proposal to terminate the case and the details of the consultation are set out in the annexes.

Annexes :

3. Summary of the opinions provided during and after the meeting of the Advisory Committee (transmitted only in English on a confidential (EU restricted) basis).

4. Draft Commission Decision setting the reasons for terminating the proceeding in question (transmitted in all languages).
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Education

# AGENCY:

Department of Education. 

# ACTION:

Notice of intention to remove certain questions from proposed IPEDS survey. 

# SUMMARY:

                        Under the Paperwork Reduction Act of 1995 (PRA), the Department of Education published on January 24, 2007, a Notice of Proposed Information Collection Requests in the                         **Federal Register**                         on Page 3119, Column 1 (72 FR 3119). That document invited public comment for a period of 60 days on the proposed information collection entitled, “Integrated Postsecondary Education Data System (IPEDS), Web-Based Collection System”. The Department has received comments regarding some of the new questions included for the first time in this proposed IPEDS Information Collection Request (ICR). The Secretary has taken these comments into consideration and decided to revise the proposed collection by removing some of the new items proposed for this annual data collection. The Department will continue to take comment on the proposed IPEDS ICR during the remainder of the initial 60-day comment period and will post the revised IPEDS ICR on the Web site the Department uses to take comment. The current proposed IPEDS ICR and the revised proposed IPEDS ICR are and will be available at                         *http://edicsweb.ed.gov*. After posting the revised ICR, the Department will publish the required second PRA notice, providing an opportunity for an additional 30-day public comment period. The IC Clearance Official, Regulatory Information Management Services, Office of Management, hereby issues this notice under the Paperwork Reduction Act of 1995.                     

Dated: March 2, 2007. 

Angela C. Arrington, 

IC Clearance Official, Regulatory Information Management Services, Office of Management.

[FR Doc. E7-4108 Filed 3-7-07; 8:45 am] 

BILLING CODE 4000-01-P
Before the Third Division,

July 8, 1943

No. 48521.

#### Protest 98973-K of Chesebro, Robbins *&*Graham, Inc. (New York).

Opinion by

Cline, J.

Frozen frogs’ legs were stipulated to be similar to those the subject of *Pacific Trading Co.*v. *United States*(8 Cust. Ct. 221, C. D. 610). The claim at 10 percent under paragraph 1558, less 20 percent under T. D. 47232, was sustained.
Exhibit 32.01

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the quarterly report of Essential Innovations Technology
Corp. (the "Company") on Form 10-QSB for the quarter ended January 31, 2006, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Jason McDiarmid, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

         (1)      the Report fully complies with the requirements of Section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

         (2)      the information contained in the Report fairly presents, in
                  all material respects, the financial condition and result of
                  operations of the Company.


/s/ Jason McDiarmid
-------------------------
Jason McDiarmid
Chief Executive Officer
March 16, 2006

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.1   SUNCOAST NATURALS, INC.

     Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

I, William J. Reilly, President, and Director "principal executive officer") of
Suncoast Naturals, Inc. (the "Registrant"), certify that to the best of my
knowledge, based upon a review of the Quarterly Report on Form 10-QSB for the
period ended March 31, 2005 of the Registrant (the "Report"):

     (1)  The Report fully complies with the requirements of Section
     13(a)[15(d)] of the Securities Exchange Act of 1934, as amended; and

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

Dated: 8/04/2005           /s/ WILLIAM J. REILLY
                          ----------------------
                          William J. Reilly
                          President and Director
Before the Third Division,

February 21, 1950

No. 54055.

#### National Silver Co. *v.*United States,

petitions 6662-R and 6663-R (Los Angeles).

Opinion by

Cline, J.

Although the importer did not make any inquiry from the shipper as to market values at the time of entry, the record disclosed nothing which would have caused a prudent man to question the correctness of the invoice values nor did it appear that any facts were concealed from the appraiser. On the record presented it was held that the petitioner acted without intention to defraud the revenue of the United States or to conceal or misrepresent the facts of the case or to deceive the appraiser as to the value of the merchandise. The petitions were therefore granted.
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```

[Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)]
[Notices]
[Pages 14790-14791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05095]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9787-3]

Notice of Meeting of the EPA Children's Health Protection 
Advisory Committee (CHPAC)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the provisions of the Federal Advisory Committee 
Act, Public Law 92-463, notice is hereby given that the next meeting of 
the Children's Health Protection Advisory Committee (CHPAC) will be 
held April 17th and 18th, 2013 at the National Archives Museum (700 
Pennsylvania Avenue NW., Washington, DC 20408) in the Jefferson Room. 
The CHPAC advises the Environmental Protection Agency on science, 
regulations, and other issues relating to children's environmental 
health.

DATES: April 17-18, 2013.

ADDRESSES: 700 Pennsylvania Avenue NW., Washington, DC 20408. Enter on 
7th Street near Constitution Avenue.

FOR FURTHER INFORMATION CONTACT: Martha Berger, Office of Children's 
Health Protection, USEPA, MC 1107A, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, (202) 564-2191 or berger.martha@epa.gov.

SUPPLEMENTARY INFORMATION: The meetings of the CHPAC are open to the 
public. The CHPAC will meet on Wednesday, April 17th from 1 p.m. to 6 
p.m., and Thursday, April 18th from 8:30 a.m. to 4:00 p.m. in the 
Jefferson Room. An agenda will be posted to epa.gov/children.
    Access and Accommodations: For information on access or services 
for individuals with disabilities, please

[[Page 14791]]

contact Martha Berger at 202-564-2191 or berger.martha@epa.gov., 
preferably at least 10 days prior to the meeting.

Martha Berger,
Designated Federal Official.
[FR Doc. 2013-05095 Filed 3-6-13; 8:45 am]
BILLING CODE 6560-50-P
```
Order entered June 21 , 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05 - 13 - 00745 - CV No. 05 - 13 - 00746 - CV IN RE SENRICK WILKER SON, Relator On Appeal from the Criminal District Court No. 3

Dallas County, Texas Trial Court Cause No. W10 - 01183 - J



### O RDER The Court has before it relator’s June 1 8 , 2013 “ request for court of inquiry hearing .” The Court construes the document as a motion for rehearing and DENIES the motion.

/s/ JIM MOSELEY JUSTICE
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MICHAEL L. OWENS,

Petitioner,

vs.

D.L. RUNNELS, WARDEN, et al

 Respondents

)

)

)

)

)

)

)

)

)

)

)

)

)

Case No. CIV S 04-2415 WBS GGH

P

ORDER GRANTING REQUEST FOR

EXTENSION OF TIME TO FILE

AMENDED PETITION AND APPROVING

FUNDING REQUEST FOR EXPERT, UP

TO $500 

[LOCAL RULE 6-142, SUB.(C)]

Pursuant to this Ex Parte Motion for an Extension of

Time to File an Amended Petition by petitioner in the above

named case, and for the good cause shown herein, IT IS

HEREBY ORDERED that petitioner’s amended petition will be

due on JULY 28, 2005 and that counsel for petitioner may

expend up to $500 for the services of a medical expert, Dr.

Felix Battistella.

Dated: 6/22/05

/s/ Gregory G. Hollows

____________________________

GREGORY G. HOLLOWS

United States Magistrate Judge

owen2415.ord06

Case 2:04-cv-02415-GEB-GGH Document 21 Filed 06/23/05 Page 1 of 1
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 07-313 

________________________________________________________________________ 

CIVIL AVIATION 

Transport Services 

 Agreement Between the 

UNITED STATES OF AMERICA 

and the REPUBLIC OF KOREA 

Amending the Agreement of 

June 9, 1998 

Effected by Exchange of Notes at 

Seoul February 27 and March 13, 2007 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 REPUBLIC OF KOREA 

 Civil Aviation: Transport Services 

 Agreement amending the agreement 

 of June 9, 1998. 

 Effected by exchange of notes at Seoul 

 February 27 and March 13, 2007; 

 Entered into force March 13, 2007.
#### The People of the State of New York, Respondent, v Eliseo Deleon, Also Known as Deleon Eliseo, Appellant.

[633 NYS2d 519]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered June 29,1993, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

On April 27, 1989, at approximately 4:15 p.m., in the Park Slope neighborhood of Brooklyn, the defendant burglarized an apartment, taking jewelry and assorted coins. The defendant was seen leaving the apartment building by a member of the family whose apartment was burglarized. He was chased and was caught with the family’s jewelry and coins in his jacket pockets. At the police precinct the defendant told the arresting officer that two dollars of the total amount taken from him for vouchering was his but that the rest was from the apartment. Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes, 60*NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a *361reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence *(see,*CPL 470.15 [5]).

The sentence imposed was neither excessive nor harsh *(see, People v Suitte,*90 AD2d 80). Mangano, P. J., Bracken, Sullivan and Rosenblatt, JJ., concur.
CARY AUSTIN, JR.

,

Petitioner,

v.

STATE OF FLORIDA

,

Respondent.

___________________________/ IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILE D

CASE NO. 1D 16

- 4603

Opinion filed December 22, 2016.

Petition for Writ of Mandamus

-- Original Jurisdiction

.

Cary Austin, Jr., pro se , Petitioner.

Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Bureau Chief,

Tallahassee , for Responde nt.

PER CURIAM.

The petition for writ of mandamus is denied. See Munn v. Fla. Parole Comm’n

,

807 So. 2d 733 (Fla. 1st DCA 2002).

OSTERHAUS, BILBREY, and WINOKUR, JJ., CONCUR.
<PAGE>   1
                                                                      Exhibit 11


11. Statement re computation of per share earnings

<TABLE>
<CAPTION>
                                                                  Year ended             Year ended             Year ended
                                                                September 30,           September 30,          September 30,
                                                                     2000                   1999                  1998

<S>                                                                  <C>                    <C>                     <C>
Net income in thousands                                              $21,045                $13,708                 $5,004


Weighted average shares outstanding                               14,698,456             14,894,162             15,599,014

Assumed exercise of stock options,
  weighted average of incremental shares                           1,384,753                412,820                343,516

Assumed purchase of stock under stock
  purchase plan, weighted average                                     84,644                  7,868                188,048

Diluted shares - adjusted weighted-average shares
and assumed conversions                                           16,167,853             15,314,850             16,130,578


Basic earnings per share                                               $1.43                  $0.92                  $0.32

Diluted earnings per share                                             $1.30                  $0.90                  $0.31


</TABLE>
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LYNN HUBBARD, III, SBN 69773

SCOTTLYNN J HUBBARD IV, SBN 212970

LAW OFFICES OF LYNN HUBBARD, III

12 WILLIAMSBURG LANE

CHICO, CA 95926

Telephone: (530) 895-3252

Fax: (530) 894-8244

Attorneys for Plaintiff

PETER S. MODLIN , SBN 151453

FARELLA BRAUN & MARTEL LLP

Russ Building, 30 Floor th

235 Montgomery Street

San Francisco, CA 94104

Telephone: (415) 954-4400

Facsimile: (415) 954-4480

Attorney for Defendant

MCDONALD’S CORPORATION

KATHERINE CATLOS, Esq. 

Lewis Brisbois Bisgaard & Smith

One Sansome Street Suite 1400

San Francisco CA 94104

Telephone: (415) 362-2580

Facsimile: (415) 434-0882

Attorney for Defendant

MICHAEL R. ROBICK AND JULIE ROBICK 

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

LARY FEEZOR,

Plaintiff,

v.

MCDONALD’S CORPORATION 

dba MCDONALD’S; and DOES 

1 through 10, 

Defendant.

__________________________/

No. CIV-S–04-2039 MCE/DAD

REQUEST FOR DISMISSAL AND ORDER

Case 2:04-cv-02039-MCE -DAD Document 15 Filed 04/21/05 Page 1 of 2
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IT IS HEREBY ORDERED that the complaint of plaintiff, USDC 

Case No. CIV. S–04-2039 MCE DAD, is hereby dismissed with 

prejudice.

Dated: April 20, 2005

__________________________________

MORRISON C. ENGLAND, JR

UNITED STATES DISTRICT JUDGE

Case 2:04-cv-02039-MCE -DAD Document 15 Filed 04/21/05 Page 2 of 2
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Order

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JAMES JOSEPH DURAN, JR.,

Petitioner,

v.

JAMES POPE,

Respondent.

CIV S-04-1875 DFL KJM P

ORDER

Good cause appearing, IT IS HEREBY ORDERED THAT Respondent’s response to

Petitioner’s Petition for Writ of Habeas Corpus be filed on or before 30 days from the date this

order is filed.

Dated: December 1, 2005.

______________________________________

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-01875-JKS-KJM Document 13 Filed 12/02/05 Page 1 of 1