alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 10135 Summary Calendar

JAMES DOHERTY,

Plaintiff

- Appellant

v.

DUANE NELLIS, in his Official Capacity as President of Texas Tech University; TEDD MITCHELL, in his Official Capacity as President of Texas Tech University Health Sciences Center School of Medicine; SIMON WILLIAMS, in his Official Capacity as Associate Dea n for Academic Affairs; RONALD SEACRIST, in his Official Capacity as Chief of the Texas Tech University Police Department; KEVIN WILLIAMS, in his Official Capacity as Associate General Counsel of Texas Tech University Health Sciences Center; TEXAS TECH UNI VERSITY; TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER,

Defendants

- Appellees

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:14

- CV

- 155

Before DAVIS, JONES, and GRAVES, Circuit Judges

. PER CURIAM: *

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 January 6, 2016

Lyle W. Cayce Clerk Case: 15-10135 Document: 00513332336 Page: 1 Date Filed: 01/06/2016No. 15

- 10135

2 James Doherty appeals the Fed. R. Civ. P. 12(b)(6) dismissal of federal

and Texas state law claims stemming from his alleged wrongful dismissal from

the Texas Tech University Health Sciences Center (“TTUHSC”) School of

Medicine.

Our thorough review of the briefs in this matter , the pertinent parts of

the record, and the applicable law reveals no error. The district court properly

held that Doherty failed to state a ny plausible claim of a substantive or

procedural due process viola tion under either the United States or Texas

constitutions. T he district court similarly did not err in its determination that

Doherty’ s remaining claims

- including his unlawful taking claim, his

Americans with Disabilities Act and the Rehabilitation Act of 1973 claims , and

his conspiracy claim

- w arranted dismissal for their collective failure to allege

a plausible right to relief

. We, therefore, affirm the district court ’s dismissal of all claims asserted

by Doherty

. AFFIRMED. Case: 15-10135 Document: 00513332336 Page: 2 Date Filed: 01/06/2016
----

(2004/C 65 E/006)

WRITTEN QUESTION P-3393/02

by Luciana Sbarbati (ELDR) to the Commission

(22 November 2002)

Subject:   Excise duty on wine

The Commission's proposal to tax alcoholic beverages (which would hit wine in particular) with the aim of ‘upward harmonisation’ is likely to increase inflation and reduce consumption. It may definitely make fraud more widespread by reducing the competitiveness of the market and would have an unpredictable impact in the context of enlargement. The proposal does not take account of the standard of living in the candidate countries and would make market penetration more difficult for EU producers and have adverse effects on local production.

Organisations representing wine producers consider the proposal to be a dangerous mistake, since it would place a burden on the whole sector in Italy, where there are 314 DOC wines (controlled designations of origin), 24 DO CG wines (DOC with additional guarantees), 729 000 hectares of vineyards and a national production of more than 50 million hectolitres.

The proposal does not make allowance for the division of the sector into small units — micro-enterprises with an average of 4-5 hectares — which play an important socio-economic and environmental role.

Unlike VAT, excise duty should tackle the external costs of product consumption, rather than being an additional tax, and manufacturing levies should be imposed on industrial rather than natural products.

Can the Commission explain whether:

Joint answer

to Written Questions E-3067/02 and P-3393/02

given by Mr Bolkestein on behalf of the Commission

(6 January 2003)

Council Directive 92/84/EEC, of 19 October 1992, deals with the approximation of rates of excise duty on alcohol and alcoholic beverages. Under its provisions it is necessary for the excise duty rates laid down in that Directive to be reviewed periodically by Council. This review shall be based upon a Commission report.

The Commission services are at present preparing such a review. On 11 September 2002 the Commission held a comprehensive orientation debate on the EU alcohol taxation regime. A final decision on the Commission's approach in this area has not yet been taken. As provided by Article 8 of Directive 92/84/EEC, the wider objectives of the Treaty will be taken into account.

As regards tax harmonisation at European level, the Commission believes that such harmonisation requires the enhanced commitments of both high taxing and low taxing Member States.

On the other hand, there is no link between Annex 1 of the EC Treaty (referred to in Article 32, defining the products subject to Articles 33 to 38 of the Treaty) and the question whether or not a product is subject to excise duty.

Italy applies a zero rate of excise duty to both still and sparkling wines. This legislation is in line with the present ‘acquis communautaire’.

----
No. 65678.

#### Aceto Chemical Co., Inc. *v.*United States,

protest 60/20920 (New York).

Opinion by

Johnson, J.

In accordance with stipulation of counsel that only 60 percent of the total net weight of the merchandise was derived from coconut oil of other than Philippine origin, the collector was directed to reliquidate the entry accordingly.
#### F. C. Gerlach & Co. v. United States

No. 7551.

Entry Nos. 732440; 727980.

Invoices dated Burslem, England, November 1945.

Certified December 14, 1945, etc.

Entered at New .York, N. Y., January 10, 1946, etc.

(Decided February 20, 1948)

*Jordan & Klingaman*for the plaintiff.

*Paul P. Rao,*Assistant Attorney General, for the defendant.

Johnson, Judge:

This proceeding has been submitted upon a stipulation wherein the parties hereto have agreed that the issues involved in these reappraisements are the same in all material respects as in the case of *United States*v. *Wm. S. Pitcairn Corp.,*33 C. C. P. A. 183, C. A. D. 334. The record in that case was admitted as part of the record herein.

In view of the aforesaid stipulation and accepting same as a statement of fact, and in view of the decision cited, I find and hold that the export values of the merchandise are the values found by the appraiser, less any additions on entry by the importer by reason of advances by the appraiser in similar cases to equal the so-called British purchase tax.

Judgment will be rendered accordingly.
Case: 2:12-cv-00185-ALM-NMK Doc #: 4 Filed: 05/02/12 Page: 1 of 2  PAGEID #: <pageID>

Case: 2:12-cv-00185-ALM-NMK Doc #: 4 Filed: 05/02/12 Page: 2 of 2  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-08T20:48:37-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
```

[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Page 61404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24806]

[[Page 61404]]

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

FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL

[Docket No. AS12-20]

Appraisal Subcommittee; Notice of Meeting

AGENCY: Appraisal Subcommittee of the Federal Financial Institutions 
Examination Council.

ACTION: Notice of meeting.

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

    Description: In accordance with Section 1104 (b) of Title XI of the 
Financial Institutions Reform, Recovery, and Enforcement Act of 1989, 
as amended, notice is hereby given that the Appraisal Subcommittee 
(ASC) will meet in closed session:
    Location: OCC--250 E Street SW., Room 8C, Washington, DC 20219.
    Date: October 10, 2012.
    Time: Immediately following the ASC open session.
    Status: Closed.
    Matters To Be Considered:
    September 27, 2012 minutes--Closed Session.
    Preliminary discussion of State Compliance Reviews.

    Dated: October 2, 2012.
James R. Park,
Executive Director.
[FR Doc. 2012-24806 Filed 10-5-12; 8:45 am]
BILLING CODE 6700-01-P
```
March 12,2015 Michael Martin 

### City ofAleknagik 

### P.O. Box 33 Aleknagik, Alaska 99555

(907) 842-5953 Phone

(907) 842-2107 Fax cityalek@ginail.com Via Email michael.f.martin@dot.gov

United States Department ofTransportation Essential Air Service (EAS) and Small Community Air Service Development.Program (SCASDP) 

### RE: City ofAleknagik, Essential Air Service Dear Mr. Michael: 

# ··· :.**r~J:.~~f:**

# ,

-. - • • .J'
... •

1 

### ...

## _,

-.....

The City ofAleknagik addressed the two.bids.EAS received regarding the essential air service on March_ l0, 2015 at its regular monthlycity council meeting. Thank you for giving us the opportunity to speak to bids. The city council chose to stay-with Grant Aviation with the und_erstanding at a recent-municipal conference attended that it plans to impr9ve its service and has hired past SenatorMark Begich t9 help with that effort. Regardless, the city would like "regularmail service" when feasible. We understand weather and airport conditions are factors along**wi~h** some mechanical states. As you know,·our small community relies on regular servicefor many reasons from medical reasons to goods and services, i.e., local school supplies, and resident and business needs. We thank you for your good work and service to our community to meet ouressential service needs. Sincerely,

Mayor CC: City Council File
No. 47549.

#### Protests 36052-K, etc., of H. A. Pyhrr et al. (New York).

Opinion by

Walker, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
Comment Info: =================

General Comment:incorporation by reference approval
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#### Hattie Carnegie, Inc., et al. *v.*United States

No. 6403.

Entry No. WHB 3213, etc.

Invoices dated London, England, July 16, 1941, etc.

Certified July 23, 1941, etc.

Entered at New York, N. Y., August 11, 1941, etc.

(Decided October 3, 1946)

*Brooks & Brooks*for the plaintiffs.

*Paul P. Bao,*Assistant Attorney General, for the defendant.

Cole, Judge

(Abstract): These appeals for reappraisement of various items of merchandise concern the so-called British purchase tax, described in the law of the United Kingdom entitled, “Finance (No. 2) Act 1940 3 & 4 Geo. 6 Ch. 48.” The said tax was held not to be an item to be included in foreign value as defined in section 402 (c) of the Tariff Act of 1930 as amended by the Customs Administrative Act of 1938 (19 U. S. C. 1940 ed. § 1402 (c)). *United States*v. *Wm. S. Pitcairn Corp.,*33 C. C. P. A. 183, C. A. D. 334.

*349Undisputed facts show export value, section 402 (d) of the Tariff Act of 1930 (19 U. S. C. 1940 ed. § 1402 (d)), to be the proper basis for appraisement of the instant merchandise, and that such statutory values for the articles in question are the appraised values less additions made by the importers on entry because of advances in similar cases.
R&D Film 1, LLC, 

Plaintiff, 

v. 

John Does, 

Defendants. 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

EASTERN DIVISION 

ORDER 

Case Nos. 2:12-cv-1112; 

2:12-cv-1113; 2:12-cv-1115; 

2:12-cv-1116; 2:12-cv-1117; 

2: 12-cv-1120; 2: 12-cv-1136; 

2:12-cv-1137; 2:12-cv-1138; 

2:12-cv-1139; 

Judge Michael H. Watson 

On August 21, 2013, United States Magistrate Judge Deavers filed 

Reports and Recommendations ("R&R") concerning the disposition of R&D Film 

1, LLC's ("Plaintiff') Complaint in these cases. The R&Rs recommended 

dismissing these actions without prejudice pursuant to Federal Rule of Civil 

Procedure 4(m) for failure to timely effect service of process. 

The R&Rs notified the parties of their right to file objections to the R&Rs 

pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). 

The R&Rs further specifically advised the parties that the failure to object to the 

R&Rs within fourteen days would result in a waiver of the right to de novo review 

by the District Judge and waiver of the right to appeal the judgments of the 

Case: 2:12-cv-01139-MHW-EPD Doc #: 9 Filed: 10/01/13 Page: 1 of 2 PAGEID #: <pageID>
District Court. Report and Recommendation 2, ECF No. 8. The deadline for 

filing such objections has passed, and no objections were filed. 

Having received no objections, the R&Rs are ADOPTED, and the cases 

are DISMISSED WITHOUT PREJUDICE. The Clerk shall enter judgment and 

terminate these cases. 

IT IS SO ORDERED. 

M'iCHAELH:WATSON, 

~/l!k JUDGE 

UNITED STATES DISTRICT COURT 

Case: 2:12-cv-01139-MHW-EPD Doc #: 9 Filed: 10/01/13 Page: 2 of 2 PAGEID #: <pageID>
[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Notices]
[Page 19220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7263]


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

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE


Determination of Eligibility for Retroactive Duty Treatment Under 
the Dominican Republic--Central America--United States Free Trade 
Agreement

AGENCY: Office of the United States Trade Representative.

ACTION: Notice.

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

SUMMARY: Pursuant to Section 205(b) of the Dominican Republic--Central 
America--United States Free Trade Agreement Implementation Act (the 
Act), the United States Trade Representative (USTR) is providing notice 
of her determination that the Dominican Republic is an eligible country 
for purposes of retroactive duty treatment as provided in Section 205 
of the Act.

DATES: Effective Date: April 17, 2007.

ADDRESSES: Inquiries may be mailed, delivered, or faxed to Robert A. 
Carrigg, Director of Textile Trade Policy, Office of the United States 
Trade Representative, 600 17th Street, NW., Washington, DC 20508, fax 
number, (202) 395-5639.

FOR FURTHER INFORMATION CONTACT: Robert A. Carrigg, Office of the 
United States Trade Representative, 202-395-3026.

SUPPLEMENTARY INFORMATION: Section 205(a) of the Act (Pub. L. 109-53; 
119 Stat. 462, 483; 19 U.S.C. 4034) provides that certain entries of 
textile or apparel goods of designated eligible countries that are 
parties to the Dominican Republic--Central America--United States Free 
Trade Agreement (CAFTA-DR) made on or after January 1, 2004 may be 
liquidated or reliquidated at the applicable rate of duty for those 
goods established in the Schedule of the United States to Annex 3.3 of 
the CAFTA-DR. Section 205(b) of the Act requires the USTR to determine, 
in accordance with Article 3.20 of the CAFTA-DR, which CAFTA-DR 
countries are eligible countries for purposes of Section 205(a). 
Article 3.20 provides that importers may claim retroactive duty 
treatment for imports of certain textile or apparel goods entered on or 
after January 1, 2004 and before the entry into force of CAFTA-DR from 
those CAFTA-DR countries that will provide reciprocal retroactive duty 
treatment or a benefit for textile or apparel goods that is equivalent 
to retroactive duty treatment.
    Pursuant to Section 205(b) of the Act, I have determined that the 
Dominican Republic will provide an equivalent benefit for textile or 
apparel goods of the United States within the meaning of Article 3.20 
of the CAFTA-DR. I therefore determine that the Dominican Republic is 
an eligible country for purposes of Section 205 of the Act.

Susan C. Schwab,
U.S. Trade Representative.
 [FR Doc. E7-7263 Filed 4-16-07; 8:45 am]
BILLING CODE 3190-W7-P
```

[Federal Register Volume 76, Number 208 (Thursday, October 27, 2011)]
[Notices]
[Page 66698]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27737]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2011-OS-0117]

Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, Department of Defense (DoD).

ACTION: Notice to delete a system of records.

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

SUMMARY: The Office of the Secretary of Defense is deleting a systems 
of record notice from its existing inventory of record systems subject 
to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
November 28, 2011 unless comments are received which result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
    Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mrs. Cindy Allard, Privacy Act 
Officer, Office of Freedom of Information, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155, or by phone 
at (571) 372-0461.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
systems of records notices subject to the Privacy Act of 1974, (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the address in FOR FURTHER INFORMATION CONTACT.
    The Office of the Secretary of Defense proposes to delete one 
system of records notice from its inventory of record systems subject 
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed 
deletion is not within the purview of subsection (r) of the Privacy Act 
of 1974, (5 U.S.C. 552a), as amended, which requires the submission of 
a new or altered system report.

    Dated: October 21, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

Deletion:
DPR 29
    Language and Skills Participation Program (August 5, 2003, 68 FR 
46167).

Reason:
    Based on a recent review of DPR 29, Language and Skills 
Participation Program, it has been determined that DPR 29 is 
duplicative of DHRA 07, National Language Service Corps Pilot Records 
(September 11, 2008, 73 FR 52839), and can therefore be deleted.

[FR Doc. 2011-27737 Filed 10-26-11; 8:45 am]
BILLING CODE 5001-06-P
```
# C_2008287EN.01S00301.xml

| 10.11.2008 | EN | Official Journal of the European Union | C 287/s3 |
| --- | --- | --- | --- |

10.11.2008

EN

Official Journal of the European Union

C 287/s3

---

NOTE TO THE READER

NOTE TO THE READER

The institutions have decided no longer to quote in their texts the last amendment to cited acts.

Unless otherwise indicated, references to acts in the texts published here are to the version of those acts currently in force.

---
No. 59182.

protest 220049-K (New York).

#### Metallizing Engineering Co., Inc. *v.*United States,

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of parts, wholly or in chief value of metal, for metal spraying machines, the claim of the plaintiff was sustained.
EXHIBIT 99.2


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


I, James H. Perry, as Chief Financial Officer of United Industrial Corporation
(the "Company") certify, pursuant to 18 U.S.C. Section 1350, as adopted by
Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

          (3)       the accompanying Form 10-Q report for the period ended March
                    31, 2003 as filed with the U.S. Securities and Exchange
                    Commission (the "Report") fully complies with the
                    requirements of Section 13(a) or 15(d) of the Securities
                    Exchange Act of 1934, as amended; and

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


Date: May 14, 2003                               /s/ James H. Perry
                                                 -------------------------------
                                                 James H. Perry
                                                 Chief Financial Officer

A signed original of this written statement required by Section 906 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.




                                       28