alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOHN KLEM, : No. 4:13-CV-2231

:

Plaintiff :

:

v. : (Judge Brann)

:

JAMES P. CARBONE, et. al. :

: (Magistrate Judge Schwab) 

:

Defendants. :

O R D E R

April 13, 2015

The undersigned has given full and independent consideration to the January

16, 2015 report and recommendation of Magistrate Judge Susan E. Schwab. ECF

No. 8. 

No objections have been filed, although Plaintiff’s mail has been returned to

the Court as undeliverable. Nonetheless, the Court will transfer to the matter to the

Western District in the event Plaintiff provides an updated address to the Court

between now and the time of transfer of the action.

 Because this Court agrees with Judge Schwab’s recommendation that the

action be transferred to the Western District of Pennsylvania, the Court will not

rehash the sound reasoning of the Magistrate Judge and will adopt the report and

recommendation in its entirety. 

Case 4:13-cv-02231-MWB Document 10 Filed 04/13/15 Page 1 of 2
NOW, THEREFORE, IT IS ORDERED THAT:

1. United States Magistrate Judge Susan E. Schwab’s January 16, 2015

Report and Recommendation is ADOPTED in full. ECF No. 8.

2. The clerk is directed to transfer 4:13-CV-2231 to the Western District

of Pennsylvania. 

3. Initial screening of the complaint and disposition of plaintiff John

Klem’s application to proceed in forma pauperis are deferred to the

transferee court.

4. The clerk is directed to close the file. 

BY THE COURT: 

 s/ Matthew W. Brann 

Matthew W. Brann

 United States District Judge

2

Case 4:13-cv-02231-MWB Document 10 Filed 04/13/15 Page 2 of 2
#### COMMISSIONER OF INTERNAL REVENUE, Petitioner, v. The WARNER COLLIERIES COMPANY OF DELAWARE, Respondent.

No. 7143.

Circuit Court of Appeals, Sixth Circuit.

Feb. 11, 1937.

Frank J. Wideman, Robert H. Jackson, Sewall Key, and John G. Remey, all of Washington, D. C., for petitioner.

H. A. Mihills, of Washington, D. C., and Bulkley, Hauxhurst, Inglis & Sharp, of Cleveland, Ohio, for respondent.

Before MOORMAN, HICKS, and ALLEN, Circuit Judges.

PER CURIAM.

The order of the Board of Tax Appeals is affirmed. Burnet, Commissioner, v. Hutchinson Coal Co., 64 F.(2d) 275 (4 C.C.A.); Commissioner of Internal Revenue v. Jamison Coal & Coke Co., 67 F. (2d) 342 (3 C.C.A.); Helvering, Commissioner, v. Russian Finance & Construction Corporation, 77 F.(2d) 324 (2 C.C.A.).
Exhibit 99.2

                            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  Nicklebys.com,  Inc. (the "Company")
on Form 10-QSB for the period ending June 30, 2002, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Bruce Capra, Chief
Financial 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:

     (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/ Bruce Capra
----------------------------
Bruce Capra
Chief Financial Officer
August 14, 2002
<TABLE> <S> <C>

<ARTICLE>5
<LEGEND>This schedule contains summary financial information extracted from
the registrant's financial statements included in the Form 10-K for the year-
end indicated below and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER>1,000
       
<S>                                    <C>
<PERIOD-TYPE>                          12-MOS
<FISCAL-YEAR-END>                      DEC-31-1997
<PERIOD-START>                         JAN-01-1997
<PERIOD-END>                           DEC-31-1997
<CASH>                                         734
<SECURITIES>                                     0
<RECEIVABLES>                               34,980
<ALLOWANCES>                                   734
<INVENTORY>                                 16,964
<CURRENT-ASSETS>                            56,631
<PP&E>                                      54,426
<DEPRECIATION>                              23,046
<TOTAL-ASSETS>                             111,269
<CURRENT-LIABILITIES>                       28,351<F1>
<BONDS>                                     49,900
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                  8,026
<COMMON>                                         3
<OTHER-SE>                                  (7,554)<F2>
<TOTAL-LIABILITY-AND-EQUITY>               111,269
<SALES>                                    188,920
<TOTAL-REVENUES>                           188,920
<CGS>                                      153,394
<TOTAL-COSTS>                              153,394
<OTHER-EXPENSES>                            22,719
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                           9,776
<INCOME-PRETAX>                              3,172
<INCOME-TAX>                                   851
<INCOME-CONTINUING>                          2,321
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                 2,259
<EPS-PRIMARY>                                 7.42
<EPS-DILUTED>                                 6.16
        
<FN>
<F1>Excludes revolving credit facility borrowings of $26,061 at 12/31/97.
<F2>Includes charges to retained earnings of $14.0 million for redemption
value of and dividend accretions on preferred stock.
</FN>

</TABLE>
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 12-131

________________________________________________________________________

ATOMIC ENERGY

Agreement Between the 

UNITED STATES OF AMERICA

and OTHER GOVERNMENTS

Signed at Paris February 24, 2011

with

Agreed Minute

 
 

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.”
 

 MULTILATERAL

 Atomic Energy

 Agreement signed at Paris February 24, 2011;

 Entered into force January 31, 2012.

 With agreed minute.
NOTE: Numbers of pages and footnotes reflect sequence in original multilingual agreement.













NOTE: English language will be printed in this publication.
[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Notices]
[Page 53021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26870]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Native American Graves Protection and Repatriation Review 
Committee: Meeting

AGENCY: National Park Service, Interior.

ACTION: Notice.

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

    Notice is hereby given in accordance with the Federal Advisory 
Committee Act (FACA), 5 U.S.C. Appendix (1988), that a meeting of the 
Native American Graves Protection and Repatriation Review Committee 
will be held on January 29, 30, and 31, 1998, in Washington, DC.
    The Committee will meet in the Ambassador Room of the Embassy Row 
Hilton Hotel; telephone: (202) 265-1600, fax: (202) 328-7526. Meetings 
will begin each day at 8:30 am and conclude not later than 5:00 pm.
    The Native American Graves Protection and Repatriation Review 
Committee was established by Public Law 101-601 to monitor, review, and 
assist in implementation of the inventory and identification process 
and repatriation activities required under the Native American Graves 
Protection and Repatriation Act.
    The agenda for this meeting will include: development of a list of 
persons from which the Secretary will appoint the seventh member of the 
committee; Federal compliance with the statute; disposition of 
culturally unidentifiable human remains; and the status of national 
implementation.
    The meeting will be open to the public. However, facilities and 
space for accommodating members of the public are limited. Persons will 
be accommodated on a first-come, first-served basis. Some lodging will 
be available at the Embassy Row Hilton Hotel. Please mention that you 
will be attending the NAGPRA Review Committee Meeting. Any member of 
the public may file a written statement concerning matters to be 
discussed with Dr. Francis P. McManamon, Departmental Consulting 
Archeologist.
    Persons wishing further information concerning this meeting, or who 
wish to submit written statements may contact Dr. Francis P. McManamon, 
Departmental Consulting Archeologist, National Park Service (2275), 
1849 C St. NW, Washington, DC 20240; telephone: (202) 343-8161. 
Transcripts of the meeting will be available for public inspection 
approximately eight weeks after the meeting at the office of the 
Departmental Consulting Archeologist, 800 North Capitol St., NW, Suite 
340, Washington, DC.
Dated: September 29, 1997.
Francis P. McManamon,
Departmental Consulting Archeologist,
Manager, Archeology and Ethnography Program.
[FR Doc. 97-26870 Filed 10-9-97 ; 8:45 am]
BILLING CODE 4310-70-F
#### Karen June BAILEY, a minor, by her mother and next friend, Mattie Palmer, and Mattie Palmer, individually, Appellants, v. SEABOARD COAST LINE RAILROAD COMPANY, a foreign corporation, Appellee.

No. 69-717.

District Court of Appeal of Florida, Second District.

Feb. 12, 1971.

Robert J. Carroll, of Muscarella & Pere-nich, Clearwater, for appellants.

John T. Allen, Jr. and Sam H. Mann, Jr., of Harrison, Greene, Mann, Davenport, Rowe & Stanton, St. Petersburg, for appel-lee.

PER CURIAM.

The appellants have failed to demonstrate reversible error. The judgment appealed is affirmed on authority of Atlantic Coast Line R. Co. v. Timmons, 1948, 160 Fla. 754, 36 So.2d 430; Martin v. Rivers, Fla. 1954, 72 So.2d 789; O’Keefe v. Butler, Fla.App.1961, 126 So.2d 764; Knott v. Seaboard Air Line Railroad Company, Fla.App. 1963, 151 So.2d 11; and Rouse v. Florida East Coast Railway Company, Fla.App. 1969, 220 So.2d 632, cert. den. Fla., 229 So. 2d 870.

PIERCE, C. J., and MANN and Mc-NULTY, JJ., concur.
CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the  incorporation by reference in the Registration  Statements of
PrimeSource Corporation and subsidiaries (the "Company") on Forms S-8 (File Nos.
33-71638 and 33-87360) of our reports dated  February 23, 1999, on our audits of
the consolidated  financial  statements and financial  statement schedule of the
Company as of December 31, 1998 and 1997,  and for the three years in the period
ended  December 31, 1998,  which  reports are included in this Annual  Report on
Form 10-K.

PricewaterhouseCoopers LLP


Philadelphia, PA
March 26, 1999
#### John Gary LENTINI, Appellant, v. The STATE of Florida, Appellee.

No. 69-377.

District Court of Appeal of Florida, Third District.

Feb. 3, 1970.

Rehearing Denied Feb. 17, 1970.

Gino P. Negretti, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., Asst. Atty. Gen., for ap-pellee.

Before PEARSON, C. J., and CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

The appellant was found guilty of the sale of marijuana and sentenced to one year in the county jail. The proof was positive. On this appeal two procedural errors are urged.

*276First, appellant urges that he was improperly limited in cross examination. A reference to the record does not support this contention. The two questions to which objections were sustained were far afield from the ordinary course of cross examination. No prejudice appears. Cf. Harris v. State, Fla.App.1969, 229 So.2d 670.

Second, appellant urges that the court erred in denying his motion made during the course of the trial for “any statements made by this witness, recorded, written or reduced to writing, since his direct examination.” We believe that counsel meant since the witness had given his ■ deposition on pretrial discovery. Appellant relies upon Jencks v. United States, 353 U.S. 657, 77 S.Ct. 1007, 1 L.Ed.2d 1103 (1957), which is inapplicable to this situation. See United States v. Augenblick, 393 U.S. 348, 355, 89 S.Ct. 528, 21 L.Ed.2d 537, 545 (1968).

Affirmed.
#### John L. COBBS, Appellant, v. STATE of Florida, Appellee.

No. 70-5.

District Court of Appeal of Florida, Third District.

Nov. 24, 1970.

*179Thomas N. Balikes, Miami, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before CHARLES CARROLL, BARK-DULL and HENDRY, JJ.

PER CURIAM.

This appeal is from an order of the Criminal Court of record of Dade County denying a motion of the defendant, filed under Rule 1.850 CrPR, 33 F.S.A., for relief from a judgment of conviction and the sentence being served thereon.

The appellant, with two others, was charged by information with breaking and entering with intent to commit a felony, to-wit: grand larceny, and with petit larceny. On December 14, 1967, he was found and adjudged guilty. The statement of the case in appellant’s brief contained the following:

> “The Court sentenced the Defendant to ten (10) years in the state prison for breaking and entering with intent to commit a felony and withheld sentencing as to petit larceny.

> “Post-Conviction Relief Petitions, Rule 1.850, Florida Rules of Criminal Procedure, were filed essentially alleging insufficiency of evidence to sustain convictions, lack of jurisdiction to impose sentence, excessiveness of sentence, and inadequacy of defense by Court-appointed attorney.”

 We find no error in the ruling of the trial court denying the motion. The sentence imposed was one which was authorized for the offense of which the appellant-defendant was found and adjudged guilty. The appellant’s contention of insufficiency of the evidence to sustain the judgment must be rejected on his motion under Rule 1.850 CrPR. Aside from the impediment against raising that question on review, where, as here, it appears that no timely motion for new trial was made, the contention of insufficiency of evidence to support the judgment, being a matter reviewable on appeal, is not an acceptable ground for relief under Rule 1.850. See Harper v. State, Fla.App.1964, 168 So.2d 325; Crusoe v. State, Fla.App.1966, 183 So.2d 600; Stewart v. State, Fla.App.1966, 184 So.2d 489. The contention as to inadequacy of counsel was not urged here.

Affirmed.
[Federal Register Volume 62, Number 199 (Wednesday, October 15, 1997)]
[Notices]
[Page 53657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27204]


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

DEPARTMENT OF JUSTICE

International Competitiveness Advisory Committee


Notice of Establishment of the International Competitiveness 
Advisory Committee

AGENCY: The Department of Justice.

ACTION: Notice of establishment of the International Competitiveness 
Advisory Committee.

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

SUMMARY: In accordance with the provisions of the Federal Advisory 
Committee Act, 5 U.S.C., App. II (1972), 41 CFR 101-6.1001-1.1035, and 
Executive Order 12838, the Antitrust Division of the Department of 
Justice, with the concurrence of the Attorney General, is establishing 
the International Competitiveness Advisory Committee. The Committee 
will examine and provide advice to the Department of Justice regarding 
issues relating to international trade and competitiveness.
    Specifically, the Committee will provide advice regarding how best 
to forge a consensus on the need for aggressive action to eliminate 
multinational anticompetitive cartel agreements, how best to coordinate 
United States' and foreign antitrust enforcement efforts in the review 
of multinational mergers, and how best to coordinate United States' 
trade and competition policy to achieve their common objectives.

MEMBERSHIP: The Committee shall be composed of 12 representatives from 
both the public and private sectors with recognized expertise in the 
areas of international antitrust and/or trade policy. Criteria to be 
used in selecting members shall include: (1) a demonstrated background 
and interest in the antitrust issues to be addressed, (2) a balance in 
point of view or professional perspective, (3) geographical balance, 
and (4) nondiscrimination on the basis of race, color, national origin, 
religion, age, or sexual orientation.
    The International Competitiveness Advisory Committee will function 
solely as an advisory board in compliance with the provisions of the 
Federal Advisory Committee Act. Its charter will be filed in accordance 
with the provisions of the Act.

CONTACT PERSON: Charles S. Stark, Chief, Foreign Commerce Section, 
Antitrust Division, Room 10024 Patrick Henry Building, 601 D Street 
NW., Washington, DC 20530; (202) 514-2464.
Joel I. Klein,
Assistant Attorney General, Antitrust Division.
[FR Doc. 97-27204 Filed 10-14-97; 8:45 am]
BILLING CODE 4410-11-M
<PAGE>

                                                                    EXHIBIT 10.4

                   SELECTICA, INC. 1999 EQUITY INCENTIVE PLAN

                          NOTICE OF STOCK OPTION GRANT

            You have been granted the following option to purchase Common Stock
of Selectica, Inc. (the "Company"):

            Name of Optionee:                  STEPHEN BENNION

            Total Number of Shares Granted:    300,000

            Type of Option:                    Nonstatutory Stock Option

            Exercise Price Per Share:          $2.56

            Date of Grant:                     DECEMBER 11, 2002

            Vesting Commencement Date:         DECEMBER 11, 2002

            Vesting Schedule:                  This option becomes exercisable
                                               with respect to 1/36 of the
                                               shares subject to this option
                                               when you complete each month of
                                               continuous service following the
                                               Vesting Commencement Date. In
                                               the event of Involuntary Term-
                                               ination (as defined in the Plan)
                                               within 12 months following a
                                               Change in Control (as defined
                                               in the Plan), this option
                                               becomes vested and exercisable
                                               in full.


            Expiration Date:                   December 10, 2012

By your signature and the signature of the Company's representative below, you
and the Company agree that this option is granted under and governed by the
terms and conditions of the 1999 Equity Incentive Plan (the "Plan") and the
Stock Option Agreement, both of which are attached to and made a part of this
document. By your signature below, you agree that this option represents the
only option that you are eligible to receive pursuant to the employment
agreement between you and the Company dated January 1, 2003, and that any
previous documentation to evidence this option that may have been provided to
you is herby superseded in its entirety.

OPTIONEE:                               SELECTICA, INC.


/s/ STEPHEN BENNION                     By: /s/ SANJAY MITTAL
----------------------------               -------------------------------------
                                        Title: Chief Executive Officer
Exhibit 99.1


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


         Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C.
1350), the undersigned, Jonathan Braun, Chief Executive Officer and Principal
Financial and Accounting Officer of Medium4.com, Inc., (the "Company") has
executed this certification in connection with the filing with the Securities
and Exchange Commission of the Company's Quarterly Report on Form 10-Q for the
quarter ended September 30, 2002 (the "Report").

         In connection with the filing of the Report, the undersigned hereby
certifies that:


(1)      The Report fully complies in all material respects with the new
         requirements of Section 13(a) or 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 Company.


                                           Medium4.com, Inc.


Date:    October 18, 2002                  By: /s/ JONATHAN BRAUN
                                               ------------------------
                                               Jonathan Braun, Chairman
                                               and Principal Executive,
                                               Financial and Accounting
                                               Officer
```
[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Notices]
[Page 53332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27104]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

Agency Information Collection Activities: Submission for OMB 
Review; Comment Request

    The Department of Health and Human Services, Office of the 
Secretary publishes a list of information collections it has submitted 
to the Office of Management and Budget (OMB) for clearance in 
compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 
35) and 5 CFR 1320.5. The following are those information collections 
recently submitted to OMB.
    1. Voluntary Industry ``Partner'' Survey to Implement Executive 
Order 12862--The Department of Health and Human Services plans to 
conduct mail surveys of its contractors in each agency to obtain 
feedback for improving acquisition products and services--Respondents: 
Contractors of the Department; Annual Responses: 2400; Average Burden 
per Response: 12 minutes; Total Annual Burden: 480 hours. OMB Desk 
Officer: Allison Eydt.
    Copies of the information collection packages listed above can be 
obtained by calling the OS Reports Clearance Officer on (202) 690-6207. 
Written comments and recommendations for the proposed information 
collection should be sent directly to the OMB desk officer designated 
above at the following address: Human Resources and Housing Branch, 
Office of Management and Budget, New Executive Office Building, Room 
10235, 725 17th Street NW., Washington, DC 20503.
    Comments may also be sent to Cynthia Agens Bauer, OS Reports 
Clearance Officer, Room 503H, Humphrey Building, 200 Independence 
Avenue SW., Washington DC 20201. Written comments should be received 
within 30 days of this notice.

    Dated: October 1, 1997.
Dennis P. Williams,
Deputy Assistant Secretary, Budget.
[FR Doc. 97-27104 Filed 10-10-97; 8:45 am]
BILLING CODE 4150-04-M
```