alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Notices]
[Page 44114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21933]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3843-000]


Central Illinois Light Company; Notice of Filing

August 13, 1997.
    Take notice that Central Illinois Light Company (CILCO), 300 
Liberty Street, Peoria, Illinois 61602, on July 24, 1997, tendered for 
filing with the Commission a substitute Index of Point-To-Point 
Transmission Service Customers under its Open Access Transmission 
Tariff and service agreements for four new customers.
    CILCO requested an effective date of June 25, 1997.
    Copies of the filing were served on all affected customers and the 
Illinois Commerce Commission.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such 
motions or protests should be filed on or before August 26, 1997. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceeding. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 97-21933 Filed 8-18-97; 8:45 am]
BILLING CODE 6717-01-M
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 19

- 30284 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. JOSHUAL HILTON, also known as Joshua Hilton, also known as Josh Hilton , Defendant

- Appellant

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:17

- CR

- 77

- 1

Before SMITH, DENNIS, and DUNCAN, Circuit Judges. PER CURIAM: * Joshual Hilton was convicted by a jury of a drug trafficking offense, being a felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking offense , and sentenced to a total of 384 months of imprisonment. He now appeals his conviction s on the grounds t hat (1) the district court erroneously denied a pretrial motion to disclose the identity of a confidential informant (CI) , (2) the Government elicited hearsay statements in

* 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 May 19, 2020 Lyle W. Cayce Clerk Case: 19-30284 Document: 00515421699 Page: 1 Date Filed: 05/19/2020No. 19

- 30284

2 violation of the Confrontation Clause, and (3) his trial attorney rendered ineffect ive assistance by failing to object to the Confrontation Claus violations. We review Hilton’s first two issues for plain error because both were unpreserved i n the district court

. See Puckett v. United States , 556 U.S. 129, 135 (2009). Assuming for the sake of argument that there was clear or obvious

error on either or both grounds, we affirm on the third prong of plain error review because Hilton has failed to demonstrate an effect on his substantial rights. See id. In light of the significant other e vidence of his guilt, including Hilton’s high

- speed flight from law enforcement officers and admission that the drugs and gun found in his residence were his, we are unpersuaded that
he has shown a reasonable probability that , but for the non
- disclosure of the CI’s identity or the admission of hearsay statements from th e CI, the outcome of his trial would have been different. See Molina

- Martinez v. United States , 136 S. Ct. 1338, 1343 (2016). As to Hilton’s third issue, we are also unpe rsuaded that this is one of the rare cases in which the record is sufficiently developed to allow this court to
consider his claim of ineffective assistance of trial counsel in the first instance on direct appeal. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014). Accordingly, we deny that claim without prejudice to Hilton’s right to pursue it on collateral review. Id. AFFIRMED. Case: 19-30284 Document: 00515421699 Page: 2 Date Filed: 05/19/2020
#### TROWBRIDGE, INC., a Florida corporation, Appellant, v. William HATHAWAY and Lucille Hathaway, Appellees.

No. L-24.

District Court of Appeal of Florida. First District.

Aug. 14, 1969.

Rehearing Denied Sept. 5, 1969.

*36George J. Adler, of Meyers, Mooney & Langston, Orlando, for appellant.

J. Boyd DeLoach, New Smyrna Beach, for appellees.

RAWLS, Judge.

Plaintiff Trowbridge, Inc., a subcontractor, appealed from an adverse final judgment in a mechanic’s lien case.

In March 1964 Trowbridge, Inc. had an agreement with the general contractor, Florida Pools, Inc., to gunite a pool it was constructing on the Hathaways’ property in New Smyrna Beach, Florida. Trow-bridge was not paid for the work it performed and brought this action against the owners to enforce its mechanic’s lien. The lower court entered judgment for the owners on the ground that the plaintiff failed to comply with Section 84.061(2), Florida Statutes 1963, F.S.A., in that the mailing of the required notice by registered mail to the owner on the 45th day after commencing work but receipt thereof by the owner on the 46th day did not comply with the statute.

Section 84.061(2) (a), Florida Statutes 1963, F.S.A., reads:

> “All lienors * * * as a prerequisite to perfecting a lien * * * shall be required to serve a notice on the owner * * * not later than forty-five days from commencing to furnish his services or materials but in any event before the date of furnishing the affidavit under subsection (3) (d) 1., of this section, * * * ” [That is the contractor’s affidavit of payment to all lienors.]

> Section 84.181(1) (c), Florida Statutes 1963, F.S.A., reads:

> “(1) Service of notices,. * * * required hereunder, * * * shall be made by one of the following methods:

> ******

> “(c) By mailing the same, postage prepaid, by registered or certified mail to the person to be served at his last known address, and receipt of the same by such person * *

The purpose of the notice to the owner served by one not in privity with the owner is to impound money that would otherwise be paid to the contractor. Richard Store Company v. Florida Bridge & Iron, Inc., 77 So.2d 632 (Fla.1954). Under the 1963 statute the notice to the owner has been held to be an absolute prerequisite to the creation of a statutory lien. Tarlow v. Helmholtz, 198 So.2d 109 (Fla. App.2d 1967). Since it is the first step to be taken in perfecting the lien, we do not find any error on the part of the trial court in construing the statute to require receipt of the notice within the 45-day period.

Affirmed.

JOHNSON, C. J., and SPECTOR, J., concur.
REVOLVING LOAN ACCOUNT AGREEMENT

      This agreement is made and entered into on the 17th day of December 1998,
between Teleflex Inc. (Lender) and Medical Sterilization, Inc., a New York
corporation (Borrower).

                            Establishment of Account

      Under the terms and conditions set forth in this Agreement, the Lender and
Borrower agree to the establishment of a revolving loan account (Account) under
which the Lender, at its option, will permit the Borrower to obtain advances
from time to time. The advances and the appropriate charges will be debited to
the Borrower's Account. The outstanding unpaid principal balances of the Account
will be paid by the Borrower on demand. The Borrower agrees that all advances
made under this Agreement will be made on the terms and conditions set forth in
this Agreement and in any documents that evidence the advances made under this
Agreement and that are incorporated by references into this Agreement.

                             Maximum Amount and Term

      The advances to the Borrower may not aggregate more than the maximum
amount of $750,000 of principal indebtedness or exceed the maximum contract term
of two years. The Lender's willingness to make the advances under this Agreement
up to the maximum amount is subject to the conditions that since the execution
of this Agreement, there has been no substantial or material change in the
Borrower's business, financial condition, general credit standing, or equity
position in security.

                            Method of Making Advances

      Advances shall be made by wire transfer of funds. At the end of each
billing cycle in which an advance is obtained or payment made, the Lender shall
provide the Borrower with a written statement disclosing the current status of
the Account.

                             Calculation of Charges

      Interest will be charged monthly on the unpaid principal balances at a
fixed rate of 8 percent per year. Interest on the unpaid balance of this Note
shall be due and payable on demand.
<PAGE>

                                   Prepayment

      The Borrower may pay any scheduled installment, wholly or partially, prior
to the due date. If the Account is wholly prepaid at any time, the Borrower will
be refunded a portion of the interest.

                                  Cancellation

      This Agreement may be canceled at any time by either party giving written
notice of cancellation to the other. Notice of cancellation shall not affect the
Borrower's obligation to repay any outstanding indebtedness to lender or the
Lender's right to collect the indebtedness.


                                       MEDICAL STERILIZATION, INC.

                                       By: /s/ D. Michael Deignan
                                           -------------------------------------
                                       Name: D. Michael Deignan
                                       Title: President & CEO
                                                                      (12/19/98)
**Exhibit 10.5**

**EMPLOYMENT AGREEMENT AMENDMENT**

This Amendment to Employment Agreement (the“Agreement”) (effective date December 29, 2005) is made and entered into effective as of the ninth day of May, 2006, by and between JAGGED PEAK, INC., a corporation organized under the laws of Nevada (the “Company”), and AndrewJ. Norstrud, an individual (“Executive”), residing in Tampa, Florida. 

The following sections will be replaced in their entirety the sections inthe employment agreement with an effective date December 29, 2005: 

Section 3. Term of Employment. The initial term of employment ofExecutive by the Company pursuant to this Agreement shall be for the period (the “Initial Term”) commencing on October 10, 2005, and terminating on December 29, 2009, or such earlier date that Executive’s employment is terminated inaccordance with the provisions of this Agreement. The Initial Term automatically shall be extended for successive additional one-year periods (each, an “Extended Term”) unless written notice is given by either party to the other party nolater than 30 days prior to the expiration of the Initial Term or any Extended Term. (The Initial Term, together with each and any Extended Term, is sometimes hereinafter called the “Employment Period”). 

Section 8. Change in Control. 

8.01In the event that a “Change in Control” of the Company shall occur at any time during the Term hereof, Executive shall have the right to terminate his employment under this Agreement upon thirty (30) days written notice given at any timewithin twelve (12) months after the occurrence of such event. In such event, or if the Company terminates Executive’s employment at any time other than for Cause within twelve (12) months following a Change in Control, then in either suchevent, Executive shall be entitled to (a) vesting of all options; and (b) continuation of****his annual base salary plus any bonus or incentive compensation which has been earned, has become payable pursuant to the terms of any compensation orbenefit plan as of such date but which has not yet been paid or will become payable in a future period and all benefits pursuant to Section 5 of this Agreement, for the greater of the****then current term of the Employment Period, or twelve (12)months. Regardless of Executives employment status after the change of control, if the event occurs prior to December 31, 2006, a lump sum payment of 1.5% of the purchase price assuming the purchase price is between Twenty Million ($20,000,000) andTwenty Five Million ($25,000,000) or 2% of the purchase price assuming the purchase price is equal to or greater than Twenty Five Million ($25,000,000) will be paid to the Executive.
Exhibit 10.1

                         DIGITAL LIFESTYLES GROUP, INC.
                        EXECUTIVE OFFICERS' COMPENSATION
                                    FOR 2005

ANNUAL CASH COMPENSATION

     BASE COMPENSATION. Set forth below are the base salaries effective for 2005
     of our named executive officers.

NAME                                    TITLE                       BASE SALARY

Andy Teng (1)         Chief Executive Officer, Chief Financial       $72,000
                      Officer and Chairman of the Board

(1)  Please refer to the employment agreements of these executive officers, each
     of which has been filed with the Securities and Exchange Commission, for
     the other terms and conditions of their employment.


          BONUS COMPENSATION. Bonuses awarded for 2005 were as follows:


NAME                                    TITLE                        2005 BONUS
Andy Teng (1)          Chief Executive Officer, Chief                    --
                       Financial Officer and Chairman of the
                       Board

LONG TERM INCENTIVES

     STOCK OPTIONS AND RESTRICTED STOCK. Under his employment agreement, we
granted Mr. Teng stock options to purchase an aggregate of 3,000,000 shares of
our common stock at an exercise price of $0.20 per share, vesting over a period
of a one year period. Additionally, if Mr. Teng remains an employee of the
Company six months after the date of his employment agreement, we will grant Mr.
Teng stock options to purchase 100,000 shares of our common stock beginning in
the seventh month of employment and each of the five months thereafter, for a
total 600,000 shares of our common stock.

     OTHER PLANS. Executive officers are eligible to participate in our group
health, dental, life, disability, retirement and other plans on the same basis
as all other employees.
Exhibit 21

SUBSIDIARIES OF THE COMPANY

The following is a list of subsidiaries of the Company as of December 31, 2008, omitting subsidiaries which, considered in the aggregate,
would not constitute a significant subsidiary.

Name

Jurisdiction of OrganizationSureWest Telephone

CaliforniaSureWest Broadband

CaliforniaSureWest Long Distance

CaliforniaSureWest Internet

CaliforniaSureWest Custom Data Services

CaliforniaSureWest TeleVideo

CaliforniaSureWest TeleVideo of Roseville

CaliforniaEverest Broadband, Inc.

DelawareEverest Connections Holding, Inc.

DelawareEverest Connections, LLC

DelawareEverest Holdings I, LLC

DelawareEverest Midwest, LLC

DelawareEverest I Leasing & Financing, LLC

DelawareEverest Midwest Properties, LLC

Delaware


---



QuickLinks
No. 00-7121.

#### Thomas *v.*Board of Education for the School District of Pittsburgh, et al.

C. A. 3d Cir. Certio-rari denied.
# C_2013123EN.01001001.xml

| 27.4.2013 | EN | Official Journal of the European Union | C 123/10 |
| --- | --- | --- | --- |

27.4.2013

EN

Official Journal of the European Union

C 123/10

---

Request for a preliminary ruling from the Bundesfinanzhof (Germany) lodged on 28 January 2013 — Hauptzollamt Köln v Kronos Titan GmbH

(Case C-43/13)

2013/C 123/14

Language of the case: German

Referring court

Referring court

Bundesfinanzhof

Parties to the main proceedings

Parties to the main proceedings

Applicant: Hauptzollamt Köln

Applicant:

Defendant: Kronos Titan GmbH

Defendant:

Question referred

Question referred

Does Article 2(3) of Council Directive 2003/96/EC restructuring the Community framework for the taxation of energy products and electricity, (1) in relation to the taxation of energy products other than those for which a level of taxation is specified in the Directive, require the application of a rate of tax which national law specifies for the use of an energy product as heating fuel, provided that that other energy product is also used as heating fuel? Or, in cases where the other energy product — in circumstances where it is used as heating fuel — is equivalent to a particular energy product, can the rate of tax specified by national law for this energy product be applied, even in the case where the rate of tax is the same irrespective of whether it is being used as motor fuel or as heating fuel?

1

---

(1)  OJ L 283, p. 51.

1

---
[Federal Register Volume 62, Number 166 (Wednesday, August 27, 1997)]
[Notices]
[Page 45406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22770]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. ER97-3955-000]


Commonwealth Edison Company; Notice of Filing

August 21, 1997.
    Take notice that on July 29, 1997, Commonwealth Edison Company 
(ComEd), tendered for filing revised tariff sheets under ComEd's Open 
Access Transmission Service Tariff (ComEd OATT). ComEd seeks authority 
to waive, under certain circumstances and on a non-discriminatory 
basis, the deposit required to accompany applications for firm point-
to-point transmission service.
    ComEd requests an effective date of July 30, 1997, and has 
therefore requested that the Commission waive the Commission's notice 
requirements. ComEd has served copies of the filing on the Illinois 
Commerce Commission and all customers served under ComEd's OATT.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or 
protests should be filed on or before September 2, 1997. Protests will 
be considered by the Commission in determining the appropriate action 
to be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-22770 Filed 8-26-97; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>

<ARTICLE>     5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>               NOV-30-1997
<PERIOD-END>                    NOV-30-1997
<CASH>                          $   969,659
<SECURITIES>                         25,383
<RECEIVABLES>                     1,090,109
<ALLOWANCES>                         36,740
<INVENTORY>                          99,419
<CURRENT-ASSETS>                  1,655,937
<PP&E>                            1,669,768
<DEPRECIATION>                      773,576
<TOTAL-ASSETS>                    3,325,389
<CURRENT-LIABILITIES>               478,456
<BONDS>                                   0
<COMMON>                             25,832
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0
<OTHER-SE>                        2,620,302
<TOTAL-LIABILITY-AND-EQUITY>      3,325,389
<SALES>                           1,506,427
<TOTAL-REVENUES>                  3,708,478
<CGS>                             1,138,169
<TOTAL-COSTS>                     2,367,510
<OTHER-EXPENSES>                          0
<LOSS-PROVISION>                     10,000
<INTEREST-EXPENSE>                    9,572
<INCOME-PRETAX>                     202,799
<INCOME-TAX>                         95,300
<INCOME-CONTINUING>                 107,499
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                        107,449
<EPS-PRIMARY>                           .04
<EPS-DILUTED>                           .04
        

</TABLE>
<PAGE>
 
                    SECURITIES AND EXCHANGE COMMISSION
                            WASHINGTON, D.C.  20549

                                   FORM 10K-A

                       AMENDMENT TO APPLICATION OR REPORT
                  FILED PURSUANT TO SECTION 12, 13 or 15(d) OF
                      THE SECURITIES EXCHANGE ACT OF 1934

                              HARTMARX CORPORATION
               (Exact name of registrant as specified in charter)

                                AMENDMENT NO. 1

     The undersigned registrant hereby amends the following items, financial
statements, exhibits or other portions of its Annual Report for the fiscal year
ended November 30, 1997 on Form 10-K as set forth in the pages attached hereto:

Item 14(a) is being amended to include the following:

     Exhibits:

<TABLE> 
<CAPTION> 
     Number    Description
     ------    -----------
     <S>       <C> 
       99      The information required by Form 11-K for 1997 for the Hartmarx
               Savings-Investment Plan (the Plan) (Commission Files Nos. 2-
               32692, 2-44774, 2-53426, 2-64613, 2-83433, 33-6194, 33-42202 and
               333-03169), including the following Plan financial statements:

                    Index to Financial Statements and Schedules.
                    Report of Independent Accountants.
                    Statement of Assets, Liabilities and Plan
                      Equity at December 31, 1997 and 1996.
                    Statement of Income and Changes in Plan
                      Equity for the Year Ended December 31, 1997.
                    Notes to Financial Statements.
                    Consent of Independent Accountants.
                    Supplementary Schedules:
                      Assets Held for Investment Purposes at
                        December 31, 1997 (Schedule G, Part I).
                      Reportable Transactions - Series of
                        Security Transactions (Schedule G, Part V).
</TABLE> 

Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this amendment to be signed on its behalf by the
undersigned, thereunto duly authorized.

                                                 HARTMARX CORPORATION
                                                 --------------------
                                                 (Registrant)


Date: June 29, 1998                         By:  GLENN R. MORGAN
                                                 ----------------------------
                                                 Glenn R. Morgan
                                                 Executive Vice President and
                                                 Chief Financial Officer
#### Robert PECK v. ORLEANS LEVEE BOARD and Houston General Insurance Company.

No. 61524.

Supreme Court of Louisiana.

Feb. 24, 1978.

In re: Robert Peck applying for certiora-ri, or writ of review, to the Court of Appeal, Fourth Circuit. Parish of Orleans. 353 So.2d 424.

Writ denied.

TATE, CALOGERO and DENNIS, JJ., would grant.