alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS

FIFTH CIRCUIT

_________________

No. 96-50584

(Summary Calendar)

_________________

MARGARITA LIGHTBOURN; BURNS TAYLOR; OLIVIA

SCHONBERGER; GRANT DOWNEY; ANN LEMKE; DISABLED

ABILITY RESOURCE ENVIRONMENT,

Plaintiffs-Appellees,

versus

THE COUNTY OF EL PASO, TEXAS; THE REPUBLICAN

PARTY OF EL PASO COUNTY; THE DEMOCRATIC PARTY

OF EL PASO COUNTY, TEXAS; ANTONIO O. GARZA,

JR., Secretary of State of Texas,

Defendants,

ANTONIO O. GARZA, JR., Secretary of State of

Texas,

Defendant-Appellant. 

Appeal from the United States District Court

For the Western District of Texas

(EP-94-CV-299)

September 2, 1997

Before JOLLY, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR. R.

47.5.4.

-2-

PER CURIAM:*

The district court entered final judgment on the merits in

Lightbourn v. The County of El Paso, Texas in favor of the

plaintiffs and against the Secretary of State of Texas. The

plaintiffs moved for attorneys’ fees and costs. The district court

then ordered the Secretary to pay the plaintiffs $167,602.46. The

Secretary filed an appeal of the final judgment on the merits, no.

96-50564, and a separate appeal of the award of attorneys’ fees and

costs, no. 96-50584.

In no. 96-50564, we reversed and rendered judgment in favor of

the Secretary. Accordingly, in this appeal, no. 96-50584, we

VACATE the district court’s award of attorneys’ fees and costs.
CIBE

https://secure.cds2.com:8080/main.html?download&weblink=a10eff70af05a381b0538f0c03e40084&re

alfilename=CIBE-v3.0.pdf
[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Notices]
[Page 55228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28047]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. MT98-4-00]


K N Interstate Gas Transmission Co.; Notice of Tariff Filing

October 17, 1997.
    Take notice that on October 14, 1997, K N Gas Transmission Company 
(KNI) tendered for filing as part of its FERC Gas Tariff, the following 
tariff sheets, to be effective November 14, 1997:

Third Revised Volume No. 1-B

First Revised Sheet No. 55

First Revised Volume No. 1-D

First Revised Sheet No. 48

    KNI states that these tariff sheets are being filed pursuant to 
Section 154.204 of the Commission's regulations. KNI is submitting for 
filing and acceptance the above revised tariff sheet(s) and other 
information as required by the Commission's Orders issued on December 
24, 1996 and August 6, 1997, in Docket No. MG96-13- et. al.
    KNI states that copies of the filing were served upon KNI's 
jurisdictional customers, interested public bodies and all parties to 
the proceeding.
    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 Sections 385.214 and 385.211 of the Commission's 
Rules of Practice and Procedure. All such motions or protest must be 
filed in accordance with Section 154.210 of the Commission's 
Regulations. All such protests filed with the Commission will be 
considered by it in determining the appropriate action to be taken, but 
will not serve to make protestants parties to the proceeding, 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. 97-28047 Filed 10-22-97; 8:45 am]
BILLING CODE 6712-01-M
Appointment and Assumption Agreement



EXHIBIT 4.4 
 
APPOINTMENT AND ASSUMPTION AGREEMENT 
 
This Appointment and Assumption Agreement is made as of the 2nd day of December, 2002, by and between Ryerson Tull, Inc., a Delaware corporation (the”Company”) and The Bank of New York, a New York banking
corporation (the “Bank”). 
 
WHEREAS, on
June 26, 2002, the Board of Directors of the Company appointed the Bank to act as successor Rights Agent under the Amended and Restated Rights Agreement dated as of November 25, 1997 as amended and restated as of September 22, 1999 between the
Company and Harris Trust and Savings Bank (the “Rights Agreement”), such appointment to be effective on the date immediately following the successful completion of the data transfer to the Bank; and 
 
WHEREAS, the Bank wishes to accept the appointment as
successor Rights Agent. 
 
NOW THEREFORE, in
consideration of the premises and the mutual agreements herein set forth, the parties hereby agree as follows: 
 

	 1.	  	 The Company hereby appoints the Bank as successor Rights Agent under the Rights Agreement. 

 

	 2.	  	 The Bank hereby accepts its appointment as successor Rights Agent and agrees to perform and comply with and to be bound by all of the terms and covenenant,
agreements, provisions and conditions of the Rights Agreement. 

 

	 3.	  	 The Rights Agreement is amended as follows: 

 

	  	 a.	  	 All references to Harris Trust and Savings Bank are replaced with The Bank of New York. 

 

	  	 b.	  	 Section 1.(e) is amended by replacing the word “Illinois” with the word “New York.” 

 

	  	 c.	  	 Section 1.(f) is amended by replacing the words “Chicago, Illinois” with the words “New York, New York” in the second and third lines.


 

	  	 d.	  	 Section 26. The address for notices or demands directed to the Rights Agent shall be: 

 
The Bank of New York 
101 Barclay Street 
New York, New York 10286 
Attention: Stock Transfer
Administration 







 
IN WITNESS WHEREOF, the
parties hereto have caused this Agreement to be duly executed as of the day and year first written above. 
 

	  RYERSON TULL, INC.
	   	  	  	  THE BANK OF NEW YORK

	
	  By:
	   	  /s/     Virginia M. Dowling

	   	  	  	  By:
	   	  /s/     Robert J. Rinaudo


	  Name:
	   	  Virginia M. Dowling
	   	  	  	  Name:
	   	  Robert J. Rinaudo

	  Title:
	   	  Assistant General Counsel
	   	  	  	  Title:
	   	  Assistant Vice President

	  	   	  and Secretary
	   	  	  	  	   	  

 

2
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>                             <C>
<PERIOD-TYPE>                   6-MOS                           3-MOS
<FISCAL-YEAR-END>                          FEB-28-2001              FEB-28-2001
<PERIOD-END>                               AUG-31-2000              AUG-31-2000
<CASH>                                          94,124                   94,124
<SECURITIES>                                    10,158                   10,158
<RECEIVABLES>                                        0                        0
<ALLOWANCES>                                         0                        0
<INVENTORY>                                          0                        0
<CURRENT-ASSETS>                               167,689                  167,689
<PP&E>                                         665,564                  665,564
<DEPRECIATION>                                (122,410)                (122,410)
<TOTAL-ASSETS>                                 721,337                  721,337
<CURRENT-LIABILITIES>                        1,191,357                1,191,357
<BONDS>                                              0                        0
<PREFERRED-MANDATORY>                                0                        0
<PREFERRED>                                          0                        0
<COMMON>                                        18,658                   18,658
<OTHER-SE>                                    (538,678)                (538,678)
<TOTAL-LIABILITY-AND-EQUITY>                   721,337                  721,337
<SALES>                                              0                        0
<TOTAL-REVENUES>                                     0                        0
<CGS>                                                0                        0
<TOTAL-COSTS>                                3,010,906                1,487,377
<OTHER-EXPENSES>                                   217                        0
<LOSS-PROVISION>                                     0                        0
<INTEREST-EXPENSE>                               7,875                    7,875
<INCOME-PRETAX>                             (3,014,855)              (1,494,482)
<INCOME-TAX>                                         0                        0
<INCOME-CONTINUING>                         (3,014,855)              (1,494,482)
<DISCONTINUED>                                       0                        0
<EXTRAORDINARY>                                      0                        0
<CHANGES>                                            0                        0
<NET-INCOME>                                (3,014,855)              (1,494,482)
<EPS-BASIC>                                      (0.16)                   (0.08)
<EPS-DILUTED>                                    (0.16)                   (0.08)



</TABLE>
#### STATE of Florida ex rel. Anthony Joseph DELANO, Relator, v. Honorable Murray GOODMAN, as Judge of the Criminal Court of Record in and for Dade County, Florida, Respondent.

No. 71-229.

District Court of Appeal of Florida, Third District.

March 8, 1971.

PER CURIAM.

Prohibition dismissed.
EXHIBIT 24


                                BANK UNITED CORP.
                                POWER OF ATTORNEY

     KNOW BY ALL MEN BY THESE PRESENTS, that each Director of Bank United Corp.
whose signature appears below hereby constitutes and appoints Barry C.
Burkholder and Jonathon K. Heffron and each of them, with full power to act
without the other, his true and lawful attorney-in-fact and agent, with full and
several power of substitution, for him and in his name, place and stead, in any
and all capacities, to sign the Annual Report of Bank United Corp. on Form 10-K
for fiscal year 2000, and any and all amendments and supplements thereto and to
file the same, with all exhibits thereto and other documents in connection
therewith, with the Securities and Exchange Commission, granting unto said
attorneys-in-fact and agents and each of them, full power and authority to do
and perform each and every act and thing requisite and necessary to be done in
and about the premises, as fully to all intents and purposes as they or he might
or could do in person, hereby ratifying and confirming all that said
attorneys-in-fact and agents or any of them, or their or his substitute, may
lawfully do or cause to be done by virtue hereof.

<TABLE>
<CAPTION>

NAME                          TITLE        SIGNATURE                         DATE
----                          -----        ---------                         ----
<S>                           <C>          <C>                               <C>
Lewis S. Ranieri              Director     /s/ LEWIS S. RANIERI              December 14, 2000

Salvatore A. Ranieri          Director     /s/ SALVATORE A. RANIERI          December 14, 2000

Barry C. Burkholder           Director     /s/ BARRY C. BURKHOLDER           December 14, 2000

Lawrence Chimerine, Ph.D.     Director     /s/ LAWRENCE CHIMERINE, Ph.D.     December 14, 2000

David M. Golush               Director     /s/ DAVID M. GOLUSH               December 14, 2000

Paul M. Horvitz, Ph.D.        Director     /s/ PAUL M. HORVITZ, Ph.D.        December 14, 2000

Alan E. Master                Director     /s/ ALAN E. MASTER                December 14, 2000

Anthony J. Nocella            Director     /s/ ANTHONY J. NOCELLA            December 14, 2000

Scott A. Shay                 Director     /s/ SCOTT A. SHAY                 December 14, 2000

Patricia A. Sloan             Director     /s/ PATRICIA A. SLOAN             December 14, 2000

Michael S. Stevens            Director     /s/ MICHAEL S. STEVENS            December 14, 2000
</TABLE>
#### Samuel JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 68-509.

District Court of Appeal of Florida. Second District.

Aug. 8, 1969.

PER CURIAM.

Affirmed.
Exhibit
10.1








iParty
Corp.





COMPENSATION
ARRANGEMENTS WITH INDEPENDENT DIRECTORS FOR SERVICE


COMMENCING
AFTER ELECTION AT THE ANNUAL MEETING OF STOCKHOLDERS





May
27, 2009








Equity
Compensation





Each
independent director (i.e., each of Daniel DeWolf, Frank Haydu, Eric Schindler,
and Joseph Vassalluzzo) shall be granted an option as of May 27, 2009
exercisable for the purchase of 25,000 shares of iParty's common stock in
respect of his service as a director. Each such option shall have an exercise
price equal to $0.11 per share, the market price of iParty's common stock at the
close of business on the grant date (i.e., May 27, 2009) and shall vest
quarterly in equal parts over one year, vesting in full on May 27,
2010.





Each
of these stock option grants shall be made pursuant to iParty's 2009 Stock
Incentive Plan.








Cash
Compensation





Each
independent director shall be paid $25,000 in cash, payable in equal quarterly
installments, for his service as a director for the year beginning on the date
of his election at the stockholders meeting on May 27, 2009.





Each
independent director shall be paid an annual fee of the following amount in
cash, payable in equal quarterly installments, for service on the various
committees of the Board of Directors:




Joseph
      Vassalluzzo
                      
                      $
                      25,000Eric
      Schindler
                      
                      $
                      10,000Daniel
      DeWolf
                      
                      $
                      10,000Frank
      Haydu
                      
                      $
                      35,000
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

File Name: 08a0229n.06

Filed: May 5, 2008

Nos. 08-5107/5108

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

PAUL G. HOUSE,

Petitioner-Appellee/

Cross-Appellant,

v.

RICKY BELL, Warden,

Respondent-Appellant/

Cross-Appellee.

)

)

)

)

)

)

)

)

)

)

)

ON APPEAL FROM THE

UNITED STATES DISTRICT

COURT FOR THE EASTERN

DISTRICT OF TENNESSEE

M E M O R A N D U M

O P I N I O N

BEFORE: MERRITT, NORRIS, and SILER, Circuit Judges.

PER CURIAM. Warden Ricky Bell, represented by the Attorney General of the State of

Tennessee, appeals from the conditional grant of a writ of habeas corpus, 28 U.S.C. § 2254, to

petitioner Paul G. House, who has been under sentence of death since 1986. In addition to the

assignments of error raised by respondent, petitioner cross-appeals the denial of habeas relief on the

alleged misuse of fiber evidence by the prosecution.

As the date of conviction confirms, this case has a long procedural history, which we see no

reason to recite here. Suffice it to say that this court, sitting en banc, previously upheld the denial

of the writ in a closely divided decision. House v. Bell, 386 F.3d 668 (6th Cir. 2004) (en banc). The

Supreme Court reversed, however. House v. Bell, 547 U.S. 518 (2006). We then remanded the

matter to the district court for further proceedings consistent with that opinion. House v. Bell, 466
Nos. 08-5107/5108

House v. Bell, Warden

- 2 -

F.3d 549 (6th Cir. 2006). The district court granted a conditional writ vacating the conviction and

sentence unless the State retried petitioner within 180 days. 

Having had the benefit of the guidance provided by the Supreme Court, as well as the

extensive briefing and oral argument of the parties, we now affirm the judgment of the district court

for the reasons set forth in its memorandum opinion dated December 20, 2007. Given the extensive

consideration that this case has received in the course of its twenty-year history, a detailed opinion

by this court would serve no useful purpose and would only further delay resolution of this matter.

The judgment of the district court is affirmed.
#### Mrs. Lucille TOUSSAINT, Plaintiff-Appellant, v. Abner CHAPMAN et al., Defendants-Appellees.

No. 11416.

Court of Appeal of Louisiana, Second Circuit.

March 31, 1970.

Stone & Lynch, by Jesse N. Stone, Jr., Shreveport, for plaintiff-appellant.

Bodenheimer, Jones, Klotz & Simmons, by G. M. Bodenheimer, Jr., Shreveport, Durrett, Hardin, Hunter, Dameron & Fritchie, by Calvin E. Hardin, Jr., Baton Rouge, for defendants-appellees.

Before BOLIN, DIXON and PRICE, JJ-

DIXON, Judge.

On the day fixed for submission of this case the appellant made no appearance, nor had filed any brief.

Under the authority of Rule VII, Section 5(b) of the Uniform Rules of the Courts of Appeal, 8 LSA-R.S., the appeal should be dismissed.

Appeal dismissed.
#### POST-NEWSWEEK STATIONS, FLORIDA, INC., a Florida corporation, Appellant, v. CITY OF JACKSONVILLE, a municipal corporation, and Sam Newey and Associates, Incorporated, a Florida corporation, Appellee. RUST CRAFT BROADCASTING COMPANY, a corporation, Appellant, v. CITY OF JACKSONVILLE, a municipal corporation, and Sam Newey and Associates, Incorporated, a Florida corporation, Appellees.

Nos. 38399, 38401.

Supreme Court of Florida.

July 9, 1969.

Sears & Sears and Eli H. Fink, Jacksonville, for Post-Newsweek Stations, Florida, Inc.

Crider & Rich, Jacksonville for Rust Craft Broadcasting Co.

William L. Durden and David U. Tu-min, Tallahassee, for City of Jacksonville.

*701Greene, Greene, Kennelly & Stockton and Walter G. Arnold, of Arnold & Strat-ford, Jacksonville, for Sam Newey and Associates, Inc.

PER CURIAM.

An interlocutory appeal was filed in this cause on March 12, 1969, under Article V, Section 4(2), Florida Constitution (1968), F.S.A.

After careful review of the briefs and arguments arising thereunder, we conclude that the appeal is premature and should not be considered by this Court prior to final disposition of the cause in Circuit Court, Fourth Judicial Circuit, Duval County.

By declining to accept jurisdiction, we do not intend to intimate any opinion regarding either the issues presented on appeal to this Court, or the issues currently pending below.

The appeal is dismissed.

It is so ordered.

ERVIN, C. J., and ROBERTS, DREW, THORNAL and CARLTON, JJ., concur.
**Exhibit 23.2**

 

**INDEPENDENTAUDITORS’ CONSENT**

 

We consent to theincorporation by reference in Registration Statement No. 333-108941 ofWashington Group International, Inc. on Form S-8 of our report dated January 31,2005 relating to the audit of the consolidated balance sheets of MitteldeutscheBraunkohlengesellschaft mbH, Theissen (Germany) and its subsidiaries as ofDecember 31, 2004 and 2003, and the related consolidated statements of income,shareholders’ equity and cash flows for each of the years in the three-yearperiod ended December 31, 2004 appearing in this Annual Report on Form 10-K ofWashington Group International, Inc. for the year ended December 31, 2004. Inthe report, we express the opinion that the consolidated financial statementsreferred to above present fairly, in all material respects, the consolidatedfinancial position of Mitteldeutsche Braunkohlengesellschaft mbH, Theissen(Germany), and the consolidated results of its operations and cash flows inconformity with accounting principles generally accepted in Germany. The effectof applying accounting principles generally accepted in the United States ofAmerica on the results of operations for the years ended December 31, 2004 and2003 and on shareholders’ equity as of December 31, 2004 and 2003, audited byus, is fairly presented in Note C to the consolidated financial statements.

 

 
| /s/ DELOITTE &  TOUCHE GMBH |   |   |
|---------------------------------|--------|--------|
| Deloitte & Touche  GmbH     |   |
| Leipzig, Germany                |   |
| March 14, 2005                  |   |

 

1

----
Preliminary Engineering 3R Maintenance-Resurfacing

$141K

$132K

FLAP Obligations/Expenditures by fiscal year

FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 TOTAL

$0 $0 $0 $2,150 $6,816 $138,275 $147,241

FLAP Loan/Credits by fiscal year

FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 TOTAL

$0 $0 $0 $0 ($124,246) $230,000 $105,754

Programming Decisions Committee Members

Name Phone   E-mail Title

David Elder 860-594-2139 david.elder@ct.gov Planner

Jennifer Carrier 860-522-2271 jcarrier@crcog.org Director of Transpotation Planning, CR...

Jacinda Russell 571-434-1543 Jacinda.Russell@dot.gov Access Program Manager

Call for Projects information

Start Date End Date

No. applications

received

Total Access funds

requested

12/4/2013 3/3/2014 2 $105,000

1/19/2015 4/17/2015 1 $127,300

7/15/2016 10/14/2016 1 $108,000

Local Match

19.96%

Congressional District

CT-01

CT-02

$141K

$132K

Total project's costs by FLMA Accessed

FWS 54%

NPS 46%

Federal Lands Access Program (FLAP)

Connecticut

Projects Programmed

2

FLAP Funds Programmed

$0.3M

Federal Lands Highway Division

EFLHD

FLAP Allocations by fiscal year

FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 TOTAL

$35,312 $35,578 $34,864 $65,444 $65,432 $60,611 $297,241

$340K
*This information is an overview of the FLAP projects information. It is subject to change at any time. For additional details or clarifications, please contact the Federal Lands Highway Division offices or visit the State FLAP

webpage.

Project ID Project Name- Description Improvement type Delivery Agency Delivery 

Year

CT FLAP WSTBRK KIRT(1) Parking lot expansion and resurfacing, boat ramp 

replacement, river bank stabilization. 3R Maintenance-Resurfacing FWS 2018

CT FLAP HARTFORD SGN(1) Design and install wayfinding signs to improve 

pedestrian access to Coltsville National Park. Preliminary Engineering City of Hartford, CT 2017
© 2018 HERE, © 2019 Microsoft Corporation

Project ID

CT FLAP HARTFORD SGN(1)

CT FLAP WSTBRK KIRT(1)
#### BUMBY & STIMPSON, INC., Appellant, v. SOUTHERN REINFORCING STEEL CO., INC. (now known as Southern Steel Industries, Inc.), Appellee.

No. 76-1974.

District Court of Appeal of Florida, Fourth District.

July 26, 1977.

Charles R. Stepter, Jr. of Fishback, Davis, Dominick & Simonet, Orlando, for appellant.

Michael P. Smodish of Reed & Smodish, P. A., Boynton Beach, for appellee.

PER CURIAM.

Based upon a review of the briefs and record on appeal we are of the opinion that there exist issues of triable fact which preclude the entry of summary judgment. *Shaffran v. Holness,*93 So.2d 94 (Fla.1957); *Nance v. Ball,*134 So.2d 35 (Fla. 2d DCA 1961); *Coquina Ridge Properties*v. *East**1217*West Company,*255 So.2d 279 (Fla. 4th DCA 1971). For example, the existence or nonexistence of a contract between the parties as well as the presence or absence of a unilateral mistake are such issues that do not lend themselves to summary disposition. We further conclude that the doctrine of promissory estoppel, as delineated in *Drennan v. Star Paving Co.,*51 Cal.2d 409, 333 P.2d 757 (1958), (but see *Southeastern Sales & Service Co. v. T. T. Watson, Inc.,*172 So.2d 239 (Fla. 2d DCA 1965)) should be considered and applied as the facts suggest after a hearing on the merits. Accordingly, the summary final judgment is reversed and the cause remanded to the trial court for further proceedings consistent herewith.

REVERSED AND REMANDED.

MAGER, C. J., LETTS, J., and MOUNTS, MARVIN U., Jr., Associate Judge, concur.