alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Hempstead Union Free School District, Appellant, v Hempstead Classroom Teachers Association, on Behalf of James Lacey, Respondent.

[699 NYS2d 906]

—In a proceeding pursuant to CPLR article 75 to permanently stay arbitration, the petitioner appeals from an order of the Supreme Court, Nassau County (Burke, J.), dated November 24, 1998, which denied the petition and dismissed the proceeding on the ground that it had been rendered academic by a determination in a prior arbitration proceeding.

Ordered that the order is affirmed, with costs.

Contrary to the petitioner’s contention, the Supreme Court properly dismissed the proceeding, which seeks to stay arbitration of a second contract grievance arising from the termination of a probationary teacher. While this application for a stay was pending, the Supreme Court confirmed an arbitrator’s award in a prior arbitration proceeding, which directed reinstatement of the teacher. Since the rights of the parties will not be directly affected by a determination of whether the petitioner is entitled to a stay of the second arbitration proceeding seeking reinstatement of the teacher, this proceeding was properly dismissed as academic *(see, Matter of Hearst Corp. v Clyne,*50 NY2d 707, 713). Moreover, this matter does not warrant the invocation of an exception to the mootness doctrine *(see, Matter of Hearst Corp. v Clyne, supra).*Sullivan, J. P., Joy, Krausman and Luciano, JJ., concur.
# C_2012200EN.01002301.xml

| 7.7.2012 | EN | Official Journal of the European Union | C 200/23 |
| --- | --- | --- | --- |

7.7.2012

EN

Official Journal of the European Union

C 200/23

---

Action brought on 22 May 2012 — ZZ and ZZ v European Commission

(Case F-55/12)

2012/C 200/47

Language of the case: French

Parties

Parties

Applicants: ZZ and ZZ (represented by: D. Abreu Caldas, A. Coolen, J.-N. Louis, E. Marchal and S. Orlandi, lawyers)

Applicants:

Defendant: European Commission

Defendant:

Subject-matter and description of the proceedings

Subject-matter and description of the proceedings

Annulment of the proposals for transfer of pension entitlements before the entry into service at the Commission, on the calculation basis which takes into account the new general implementing provisions which entered into effect after the applicants’ applications for transfer.

Form of order sought

Form of order sought

| — | Annul the decision containing the proposals for transfer of the applicants’ pension entitlements in the context of their application under Article 11(2) of Annex VIII to the Staff Regulations, which contains a proposal calculated on the basis of the general implementing provisions adopted on 3 March 2011; |
| --- | --- |

—

Annul the decision containing the proposals for transfer of the applicants’ pension entitlements in the context of their application under Article 11(2) of Annex VIII to the Staff Regulations, which contains a proposal calculated on the basis of the general implementing provisions adopted on 3 March 2011;

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

---
No. 55530.

#### Washington Trading Corp. and M. J. Hart *v.*United States,

protests 747285-G and 516625-G (New York).

Opinion by

Rao, J.

It was stipulated that the merchandise is the same in all material respects as the gloves which were the subject of *United States*v. *Julius Kayser & Co.*(33 C. C. P. A. 179, C. A. D. 333). The claim of the plaintiffs was therefore sustained.
1

Muldoon, Albert (OST)

From: Muldoon, Albert (OST)

Sent: Thursday, February 26, 2015 12:00 PM

To: 'mike@flygrandisland.com'; 'cityadministrator@grand-island.com'; 

'MayorJensen@grand-island.com'

Cc: American Airlines, Colin Wheeler (colin.wheeler@aa.com); 'Zapata, Karyn'; Schlemmer, 

Kevin (OST)

Subject: EAS at Grand Island, NE - Request for Comments - Due March 25, 2015

Attachments: 2015 EAS Proposal - GRIDFW - American Airlines.pdf

All:  

I would like to update you on the Essential Air Service (EAS) situation at Grand Island, Nebraska, and give you an

opportunity to submit comments on the record before we submit a recommendation to the Assistant Secretary for

Aviation and International Affairs.  In anticipation of the expiration of the current EAS contract, the Department issued

Order 2015‐1‐22 (January 27, 2015) requesting proposals from carriers interested in providing EAS at Grand Island,

NE.  In response to our request, the Department received one proposal, from American Airlines, the incumbent.   

American proposes to continue its current pattern of service at Grand Island, consisting of two daily nonstop round trips

to the Dallas/Fort Worth International Airport, utilizing 50‐seat regional jet aircraft operated by American Airlines’

regional brand American Eagle.  American also asks that the community and the Department waive the right to “hold‐in”

American and instead agree to a 120‐day notice of termination should it wish to exit the market.

I have attached a copy of the proposal to this email for your review.  The proposal will also soon be available online

through the Federal Dockets Management System at www.regulations.gov by searching for docket: DOT‐OST‐2002‐

13983.

Please carefully review the proposal and submit any comments you may have as soon as possible, but no later than

March 25, 2015.  Please send your comments via email to EAS@dot.gov.  Feel free to contact me if you have any

questions and please forward this email to any relevant parties not included on this email.   

Regards,

A.J.

A.J. Muldoon

Office of Aviation Analysis

U.S. Department of Transportation

albert.muldoon@dot.gov

(202) 366‐1058
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7599

DAVID MYRON CARTER, Petitioner - Appellant, versus COMMONWEALTH OF VIRGINIA; WARDEN, BUCKINGHAM CORRECTIONAL CENTER, Respondents - Appellees.Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Robert G. Doumar, Senior District Judge. (CA-97-982-2) Submitted: July 2, 1998 Decided: July 20, 1998 Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David Myron Carter, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Carter v. Virginia , No. CA-97-982-2 (E.D. Va. Oct. 24, 1997). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. Appellant’s motion for transcript is denied.

DISMISSED
**EXHIBIT
      13.2**





**WRITTEN
      STATEMENT OF CHIEF FINANCIAL OFFICER**


**PURSUANT
      TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**


**(18
      U.S.C. SECTION 1350)**





In
      connection with the annual report of NB Finance, Ltd. (the “Company”), for the
      period ended December 31, 2007 as filed with the Securities and Exchange
      Commission on Form 20-F on the date hereof (the “Report”), I, Jean Dagenais,
      Chief Financial Officer of the Company, certify that:




(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 results of operations of the Company.





Jean
                DagenaisChief
                Financial Officer





Dated:  June
      18,
      2008





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.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JOHN CARL REYNOLDS, 

Defendant-Appellant. 

No. 15-50048 

D.C. No. 8:11-cr-00008-CJC

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Cormac J. Carney, District Judge, Presiding

Submitted March 8, 2017**

Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges. 

John Carl Reynolds appeals from the district court’s judgment and 

challenges the 51-month sentence imposed following his guilty-plea conviction for 

aiding and abetting and mail fraud, in violation of 18 U.S.C. §§ 2(a) and 1341. We 

dismiss in part and affirm in part.

 

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

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

MAR 14 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 15-50048 

Reynolds contends that the district court erred by applying a sentencing

enhancement for his abuse of a position of trust under U.S.S.G. § 3B1.3. The 

government contends that this claim is barred by a valid appeal waiver. Reviewing 

de novo, we conclude that the provision of the appeal waiver stating that Reynolds 

waives the right to appeal “the procedures and calculations used to determine . . . 

the sentence” unambiguously encompasses this claim. See United States v. Harris,

628 F.3d 1203, 1205-06 (9th Cir. 2011).

Reynolds next contends that his sentence is substantively unreasonable. The 

district court did not abuse its discretion in imposing Reynolds’s sentence. See

Gall v. United States, 552 U.S. 38, 51 (2007). The high-end sentence is 

substantively reasonable in light of the 18 U.S.C. § 3553(a) factors and the totality 

of the circumstances, including the nature of the offense and Reynolds’s history of 

fraudulent behavior. See Gall, 552 U.S. at 51. 

DISMISSED in part; AFFIRMED in part.
* Pursuant to Local Rule 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 Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 95-50515

Summary Calendar

 

STEVEN GILBERT,

Plaintiff-Appellant,

versus

KNOWLES, Warden, ANDERSON, Warden,

WAYNE SCOTT, Director, Texas 

Department of Criminal Justice,

Institutional Division, VICTOR RODRIGUEZ,

Texas Board of Pardons and Paroles,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Western District of Texas

USDC No. A-94-CV-369

- - - - - - - - - -

March 22, 1996

Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Steven Gilbert appeals the denial with prejudice of his

civil rights action following the district court’s grant of

summary judgment for the defendants. The defendants did not

violate Gilbert’s right to due process by transferring him from

the Kyle unit to the Texas Department of Criminal Justice (TDCJ)

without giving him notice, a counsel substitute, and a hearing on
the disciplinary charge Gilbert alleges the parole board used to

set aside his tentative parole date. See Allison v. Kyle, 66

F.3d 71, 74 (5th Cir. 1995). By not arguing on appeal whether he

received due process regarding the disciplinary charge against

him once he was transferred back to TDCJ, Gilbert has abandoned

this issue. See Brinkmann v. Abner, 813 F.2d 744, 748 (5th Cir.

1987).

AFFIRMED.
Date: February 10, 2014

California Environmental Protection Agency

AIR RESOURCES BOARD

Enclosure A

Rules t hat we re Adopted

, Amended , or Rescinde d by the Following

Air Pollution Control and Air Quality Management Districts

and a re Submitted a s Revisions to the

State of California Implementation Plan for Achieving

and Maintaining the National Ambient Air Quality Standards

District Rule

Number Da te Adopted

or

Amended Title

Imperial County

APCD 101 10/22/13 Definitions (amended)

Imperial County

APCD 206 10/22/13 Processing Applications

(amended)

Imperial County

APCD 400.3 10/22/13 Internal Combustion

Engines(s) (adopted)

Imperial County

APCD 400.4 10/22/13 Emissions of Ox ides of

Nitrogen from Wallboard Kilns

(adopted)
Exhibit 32.1


                           CERTIFICATION PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                                (18 U.S.C. 1350)


     In connection with Amendment 1 to the Report of Competitive Technologies,
Inc. (the "Company") on Form 10-Q for the three months ended October 31, 2010,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Johnnie D. Johnson, Chief Executive Officer, Chief Financial
Officer and Chief Accounting Officer of the Company, certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that to my
knowledge:

     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 results of operations
          of the Company.


                                   /s/ Johnnie D. Johnson
                                   ----------------------
                                   Johnnie D. Johnson
                                   Chief Executive Officer

                                   March 3, 2011























                                    Page 24
# C_2013147EN.01003402.xml

| 25.5.2013 | EN | Official Journal of the European Union | C 147/34 |
| --- | --- | --- | --- |

25.5.2013

EN

Official Journal of the European Union

C 147/34

---

Order of the Civil Service Tribunal (Third Chamber) of 11 March 2013 — Marcuccio v Commission

(Case F-17/12) (1)

1

(Civil service - Article 34(1) and (6) of the Rules of Procedure - Application lodged by fax within the time-limit for bringing proceedings - Lawyer’s hand-written signature different from that on the original application received by post - Action lodged out of time - Manifestly inadmissible)

2013/C 147/64

Language of the case: Italian

Parties

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Applicant:

Defendant: European Commission (represented by: C. Berardis-Kayser, J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)

Defendant:

Re:

Re:

Application for an order that the Commission pay compensation for the damage which the applicant claims to have sustained as a result of the excessive duration of the procedure for recognising the serious nature of the illness from which he suffered.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as manifestly inadmissible. |
| --- | --- |

1.

The action is dismissed as manifestly inadmissible.

| 2. | Mr Marcuccio is order to pay his own costs and to bear the costs incurred by the European Commission. |
| --- | --- |

2.

Mr Marcuccio is order to pay his own costs and to bear the costs incurred by the European Commission.

---

(1)  OJ C 138, 12.5.2012, p. 33.

1

---
#### F. C. Gerlach *&*Co. et al. *v.*United States

No. 6826.

Entry No. 73244, etc.

-Invoices dated London, England, March 28,1945, etc.

Entered at New York, N. Y., May 17, 1945, etc.

(Decided January 31, 1947)

*Strauss & Hedges (Hadley S. King*of counsel) for the plaintiffs.

*Paul P. Rao,*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. § 1402 (c)). *United States*v. *Wm. S. Pitcairn Corp.,*33 C. C. P. A. 183, C. A. D. 334.

An agreed set of facts, submitting these cases, establishes that export value, section 402 (d) of the Tariff Act of 1930 (19 U. ¡3. C. § 1402 (d)), is the proper *356basis 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.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-6632

THOMAS D. CROOKS, JR.,

Petitioner - Appellant,

versus

MICHAEL W. MOORE, South Carolina Department of

Corrections; RICKIE HARRISON, Warden; BOB

STEWART, Chief, South Carolina Law Enforcement

Division; LEON LOTT, Sheriff of Richland

County; ATTORNEY GENERAL OF THE STATE OF SOUTH

CAROLINA,

Respondents - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Charleston. Joseph F. Anderson, Jr., District

Judge. (CA-98-2458-2-17AJ)

Submitted: September 30, 1999 Decided: October 6, 1999

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Thomas D. Crooks, Jr., Appellant Pro Se. Larry C. Batson, Sr.,

Lesli Brown Darwin, SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,

Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Thomas D. Crooks, Jr., appeals the district court’s order

denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 1999). We have reviewed the record and the district

court's opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. See Crooks v. Moore, No. CA-98-2458-2-17AJ

(D.S.C. Apr. 26, 1999). 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

process.

DISMISSED
# C_2012287EN.01001901.xml

| 22.9.2012 | EN | Official Journal of the European Union | C 287/19 |
| --- | --- | --- | --- |

22.9.2012

EN

Official Journal of the European Union

C 287/19

---

Reference for a preliminary ruling from the Tribunal Central Administrativo Norte (Portugal) lodged on 27 June 2012 — Maria Albertina Gomes Viana Novo and Others v Fundo de Garantia Salarial, IP

(Case C-309/12)

2012/C 287/35

Language of the case: Portuguese

Referring court

Referring court

Tribunal Central Administrativo Norte

Parties to the main proceedings

Parties to the main proceedings

Appellants: Maria Albertina Gomes Viana Novo, Ezequiel Martins Dias, Gabriel Inácio da Silva Fontes, Marcelino Jorge dos Santos Simões, Manuel Dourado Eusébio, Alberto Martins Mineiro, Armindo Gomes de Faria, José Fontes Cambas, Alberto Martins do Alto, José Manuel Silva Correia, Marilde Marisa Moreira Marques Moita, José Rodrigues Salgado Almeida, Carlos Manuel Sousa Oliveira, Manuel da Costa Moreira, Paulo da Costa Moreira, José Manuel Serra da Fonseca, Ademar Daniel Lourenço Dias, Ana Mafalda Azevedo Martins Ferreira

Appellants:

Respondent: Fundo de Garantia Salarial, IP

Respondent:

Question referred

Question referred

Is European Union law in the specific context of guarantees covering wage claims in the event of the employer’s insolvency, in particular Articles 4 and 10 of Directive 80/987/EEC, (1) to be interpreted as precluding provisions of national law which guarantee only claims falling due in the six months preceding the initiation of insolvency proceedings against the employer, even where the employees have brought an action against their employer before the Tribunal do Trabalho (Labour Court) with a view to obtaining a judicial determination of the amount outstanding and an enforcement order to recover those sums?

1

---

(1)  Council Directive 80/987/EEC of 20 October 1980 on the approximation of the laws of the Member States relating to the protection of employees in the event of the insolvency of their employer (OJ 1980 L 283, p. 23).

1

---
(A.R.D. 107)

#### Daniel F. Young, Inc. (Perfection Import & Export Co.) et al. v. United States

Entry No. 41184, etc.

Second Division, Appellate Term

(Decided June 4, 1959)

*Jordan & Klingaman*for the appellants.

*George Cochran Doub,*Assistant Attorney General, for the appellee.

Before Lawrence, Rao, and Fobd, Judges

Lawrence, Judge:

This application for review of Reap. Dec. 9173 (40 Cust. Ct. 860), which covered the appeals for a reappraisement enumerated in the schedule, attached to and made part of this decision, having been formerly abandoned, is dismissed.

Judgment will be entered accordingly.
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# Shamrock 5k draws 130+ participants at DSCC

Despite temperatures hovering just above freezing – runners, walkers and observers gathered March 15 for the Morale, Welfare and Recreation office's first themed 5k of the year at the Defense Supply Center Columbus. More than 130 participants donned their best leprechaun-inspired outfits to celebrate the St. Patrick's Day holiday.

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