alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, or coll ateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### SEP 8 1997 

### PATRICK FISHER Clerk 

### UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

NICHOLAS J. DEL DUCA, Petitioner-Appellant,
v. JOHN ANDERSON, Respondent-Appellee. No. 96-1365 (D.C. No. 96-S-1232) (Colo.)



### ORDER AND JUDGMENT *
Before SEYMOUR , Chief Judge, PORFILIO and MURPHY , Circuit Judges.
After examining the briefs and appellate record, th is panel has determined unanimously that oral argument would not materiallyassist the determination of this appeal. SeeFed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The c ause is therefore ordered submitted without oral argument. Nicholas Del Duca, a pro se prisoner, brought this habeas corpus action and-2-

filed motions for leave to proceed in forma pauperi s, for trial transcripts, and for appointed counsel. The district court dismissed th e suit without prejudice for failure to correct deficiencies. The district court issued an order informing Mr. De l Duca that his documents were deficient in three respects: Mr. De l Duca had not submitted a certified copy of his prisoner’s trust fund stateme nt, he had not used the proper form, and his complaint was missing. Nonetheless, the court directed the clerk to commence an action and ordered Mr. Del Duca to cure the deficiencies within thirty days. The order further stated that if Mr. Del Duca failed to do so, the action would be dismissed, without prejudice, witho ut further notice. Mr. Del Duca filed some papers in response to the c ourt’s order, but these filings did not cure all of the deficiencies. Acco rdingly, the district court dismissed the action without prejudice. Mr. Del Du ca appeals. We have since held that a habeas petitioner need not comply with the provisions of the Prisoner Litigation Reform Act requirements for paying a partial fee, see United States v. Simmonds , 111 F.3d 757 (10th Cir. 1997). However, because Mr. Del Duca also failed to complete the appropriate form for an appl ication for writ of habeas corpus, we conclude that dismissal without prejudic e was nonetheless justified. We therefore conclude Mr. Del Duca has failed to de monstrate the denial of a constitutional right by showing that the issues rai sed on his appeal are debatable-3-

among jurists, that a court could resolve the issue s differently, or that the questions deserve further proceedings. Consequently, we deny a certificate of appealability and dismiss the appeal. 28 U.S.C. § 2253(c)(2); Lennox v. Evans
. 87 F.3d 431 (10th Cir. 1996).
ENTERED FOR THE COURT Stephanie K. Seymour Chief Judge
#### Bobby Joe MITCHELL, Appellant, v. The STATE of Florida, Appellee.

No. 69-978.

District Court of Appeal of Florida, Third District.

May 26, 1970.

Hughlan Long, Public Defender, and Lewis Kimler, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Jesse J. McCrary, Jr., and Harold Mendelow, Asst. Attys. Gen., for appellee.

Before PEARSON, C. J., and HENDRY and SWANN, JJ.

PER CURIAM.

Affirmed upon authority of the several holdings in Franklin v. State, Fla.App.1969, 226 So.2d 461.
GUST Amendment Three Rivers Bank and Trust Company Pension Trust



 
Exhibit 10.23

 
GUST Amendment 
Three Rivers Bank and Trust Company Pension Trust 
 
WHEREAS, Three Rivers Bank and Trust Company (the “Company”) sponsors and maintains The Three Rivers Bank and Trust
Company Pension Trust, Plan No. 001 (the “Plan”); 
 
WHEREAS, pursuant to Plan Section 12.01, the Company may modify and amend the Plan for any reason; 
 
WHEREAS, to maintain the tax qualified status of the Plan and to comply with the July 10, 2002 IRS telephone request with respect to the Plan’s and
its related Trust’s continued tax qualified and tax-exempt status, respectively, the Company desires to amend the Plan. 
 
NOW, THEREFORE, the Plan is amended as follows: 
 

	A.	 	The following provision is added after the word “elect” in Plan Section 1.28(b): 

 
“, via written Plan amendment in accordance with IRS regulations,” 
 

	B.	 	The following provision is added at the beginning of Plan Section 16.05: 

 
“This Section 16.05 shall apply to limitation years commencing prior to January 1, 2000.”

 

	C.	 	The following provision is added to Plan Section 16.04 after “Sections 125,”: 

 
“132(f),” 
 

	D.	 	In all other respects, the Plan is affirmed. 

 
IN WITNESS WHEREOF, through its duly authorized officer, the Company adopts the Amendments contained herein on this
             day of             , 2002. 
 

	 THREE RIVERS BANK AND TRUST COMPANY

	
	 By:
	 	  


	 Its:
[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Page 5250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2738]


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

DEPARTMENT OF LABOR


Labor Advisory Committee for Trade Negotiations and Trade Policy; 
Meeting Notice

    Pursuant to the provisions of the Federal Advisory Committee Act 
(Pub. L. 92-463 as amended), notice is hereby given of a meeting of the 
Steering Subcommittee of the Labor Advisory Committee for Trade 
Negotiations and Trade Policy.

    Date, time and place: February 13, 1997, 10:00 am-12:00 noon, 
U.S. Department of Labor, Room S-1011, 200 Constitution Ave., NW, 
Washington, D.C. 20210.
    Purpose: The meeting will include a review and discussion of 
current issues which influence U.S. trade policy. Potential U.S. 
negotiating objectives and bargaining positions in current and 
anticipated trade negotiations will be discussed. Pursuant to 
section 9(B) of the Government in the Sunshine Act, 5 U.S.C. 
552b(c)(9)(B) it has been determined that the meeting will be 
concerned with matters the disclosure of which would seriously 
compromise the Government's negotiating objectives or bargaining 
positions. Accordingly, the meeting will be closed to the public.
    For Further Information Contact: Jorge Perez-Lopez, Director, 
Office of International Economic Affairs, Phone: (202) 219-7597.

    Signed at Washington, D.C. this 27th day of January 1997.
Andrew J. Samet,
Acting Deputy Under Secretary International Affairs.
[FR Doc. 97-2738 Filed 2-3-97; 8:45 am]
BILLING CODE 4510-28-M
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM
FINANCIAL  STATEMENTS FOR THE QUARTER ENDING JUNE 30, 2000 AND JUNE 30, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS
</LEGEND>
<CIK>                         0001078037
<NAME>                        REMEDENT USA, INC.
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              MAR-31-2000
<PERIOD-START>                                 APR-01-2000
<PERIOD-END>                                   JUN-30-2000
<EXCHANGE-RATE>                                1.000
<CASH>                                         14,869
<SECURITIES>                                   0
<RECEIVABLES>                                  57,422
<ALLOWANCES>                                   (3,000)
<INVENTORY>                                    109,643
<CURRENT-ASSETS>                               214,442
<PP&E>                                         58,810
<DEPRECIATION>                                 29,774
<TOTAL-ASSETS>                                 278,965
<CURRENT-LIABILITIES>                          919,332
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       12,579
<OTHER-SE>                                     (652,946)
<TOTAL-LIABILITY-AND-EQUITY>                   278,965
<SALES>                                        200,053
<TOTAL-REVENUES>                               200,053
<CGS>                                          69,865
<TOTAL-COSTS>                                  361,578
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             2,677
<INCOME-PRETAX>                                (164,134)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (164,134)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (164,134)
<EPS-BASIC>
<EPS-DILUTED>



</TABLE>
**Exhibit 13**

----

**CERTIFICATION**

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Espírito Santo Financial Group, S.A., a company incorporated under the laws of the GrandDuchy of Luxembourg (the “Company”), hereby certifies, to such officer’s knowledge, that:

The Annual Report on Form 20-F for the year ended December 31, 2004 (the “Report”) of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of the Company.

Dated: June 30, 2005

|   |                                     |                                                               |
|--------|------------------------------------------|--------------------------------------------------------------------|
|   | Ricardo Espírito Santo    Salgado |
|   | Title:                         | Chairman of the Board andPrincipal Executive and Financial Officer |

|   |   |
|--------|--------|

142

----
<PAGE>
                                                                 Exhibit 23.1



                       Accountants' Consent
                       --------------------


The Board of Directors
Urban Shopping Centers, Inc.:

We consent to incorporation by reference in the registration
statements No. 333-35909 (Form S-8), No. 333-86778 (Form S-8),
No. 333-96388 (Form S-8) and No. 333-35911 (Form S-3) of Urban
Shopping Centers, Inc. and consolidated partnerships of our
report dated February 6, 1998, relating to the consolidated
balance sheets of Urban Shopping Centers, Inc. as of December 31,
1997 and 1996, and the related consolidated statements of
operations, stockholders' equity, and cash flows for each of the
years in the three-year period ended December 31, 1997, which
report is incorporated by reference in the December 31, 1997
annual report on Form 10-K of Urban Shopping Centers, Inc. and
the related financial statement schedule included herein.


                                            KPMG PEAT MARWICK LLP






Chicago, Illinois
March 27, 1998
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM VARIAN,
INC.'S DECEMBER 31, 1999 FORM 10Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-29-2000
<PERIOD-START>                             OCT-02-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          37,054
<SECURITIES>                                         0
<RECEIVABLES>                                  148,924
<ALLOWANCES>                                         0
<INVENTORY>                                     75,901
<CURRENT-ASSETS>                               296,199
<PP&E>                                         194,521
<DEPRECIATION>                                 116,771
<TOTAL-ASSETS>                                 439,861
<CURRENT-LIABILITIES>                          177,072
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           310
<OTHER-SE>                                     198,426
<TOTAL-LIABILITY-AND-EQUITY>                   439,861
<SALES>                                        159,952
<TOTAL-REVENUES>                               159,952
<CGS>                                           98,099
<TOTAL-COSTS>                                  145,223
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 691
<INCOME-PRETAX>                                 14,038
<INCOME-TAX>                                     5,615
<INCOME-CONTINUING>                              8,423
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,423
<EPS-BASIC>                                       0.27
<EPS-DILUTED>                                     0.26


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND THE CONDENSED CONSOLIDATED STATEMENT
OF OPERATIONS AND COMPREHENSIVE LOSS FOUND ON PAGES 1 AND 2 OF THE COMPANY'S
10-Q FOR THE QUARTER ENDED JUNE 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          25,627
<SECURITIES>                                    49,427
<RECEIVABLES>                                    3,749
<ALLOWANCES>                                      (86)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                64,146
<PP&E>                                           4,736
<DEPRECIATION>                                 (1,865)
<TOTAL-ASSETS>                                  82,265
<CURRENT-LIABILITIES>                           10,214
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        92,444
<OTHER-SE>                                    (20,440)
<TOTAL-LIABILITY-AND-EQUITY>                    82,265
<SALES>                                          4,929
<TOTAL-REVENUES>                                 6,887
<CGS>                                               77
<TOTAL-COSTS>                                      851
<OTHER-EXPENSES>                                 8,082
<LOSS-PROVISION>                                     9
<INTEREST-EXPENSE>                                  11
<INCOME-PRETAX>                                (1,483)
<INCOME-TAX>                                        28
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,511)
<EPS-BASIC>                                      (.08)
<EPS-DILUTED>                                    (.08)


</TABLE>
[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Page 55819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28480]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Board of Scientific Counselors, National Center for Infectious 
Diseases: Meeting

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following committee meeting.

    Name: Board of Scientific Counselors, National Center for 
Infectious Diseases (NCID).
    Times and Dates: 11 a.m.-5:15 p.m., December 4, 1997; 8:30 a.m.-
2:30 p.m., December 5, 1997.
    Place: CDC, Auditorium B, 1600 Clifton Road, NE, Atlanta, 
Georgia 30333.
    Status: Open to the public, limited only by the space available.
    Purpose: The Board of Scientific Counselors, NCID, provides 
advice and guidance to the Director, CDC, and Director, Page 2 NCID, 
in the following areas: program goals and objectives; strategies; 
program organization and resources for infectious disease prevention 
and control; and program priorities.
    Matters to be Discussed: Agenda items will include:

1. NCID Update
2. Overview of CDC Emerging Infections Plan, 1998-2003
3. Charge to the Workgroups
4. Workgroup Sessions:
CDC Plan:
    a. Surveillance and Response
    b. Applied Research
    c. Prevention and Control
    d. Infrastructure Bioterrorism Preparedness
5. Workgroup Reports
6. Facilities Update
7. Scientific Updates (Late breakers)
8. Recommendations
    Other agenda items include announcements/introductions; follow-
up on actions recommended by the Board in May 1997; Page 3 and 
consideration of future directions, goals, and recommendations.
    Agenda items are subject to change as priorities dictate.
    Written comments are welcome and should be received by the 
contact person listed below prior to the opening of the meeting.
    Contact Person for More Information: Diane S. Holley, Office of 
the Director, NCID, CDC, Mailstop C-20, 1600 Clifton Road, NE, 
Atlanta, Georgia 30333, telephone 404/639-0078.

    Dated: October 22, 1997.
Julia M. Fuller,
Acting Director, Management Analysis and Services Office, Centers for 
Disease Control and Prevention (CDC).
[FR Doc. 97-28480 Filed 10-27-97; 8:45 am]
BILLING CODE 4163-18-P
[Federal Register Volume 62, Number 23 (Tuesday, February 4, 1997)]
[Notices]
[Page 5249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2660]


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


DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980

    Consistent with Departmental Policy, 28 CFR 50.7, notice is hereby 
given that on January 13, 1997, a proposed consent decree in United 
States of America v. Monsanto Company, et al., Civil Action No. 97-110 
(DRD), was lodged with the United States District Court for the 
District of New Jersey. The United States' complaint sought recovery of 
response costs under the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601, et seq., 
against three corporations responsible for hazardous substances found 
at the White Chemical Corporation Superfund Site located at 660 
Frelinghuysen Avenue, Newark, New Jersey.
    The consent decree provides that the settling defendants will 
reimburse the Environmental Protection Agency (EPA) for $600,000 in 
past response costs incurred by the United States in connection with 
the White Chemical Corporation Superfund Site. In addition, the consent 
decree provides that the defendants will dismiss their petitions 
submitted to EPA pursuant to Section 106(b)(2)(A) of CERCLA, 42 U.S.C. 
9606(b)(2)(A), for reimbursement of costs of compliance with an 
administrative order issued by EPA Region II under CERCLA Section 
106(a).
    The Department of Justice will receive comments relating to the 
proposed consent decree for a period of thirty (30) days from the date 
of this publication. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530 and should refer to 
United States v. Monsanto Company et al., D.J. Ref. 90-11-2-642A.
    The proposed consent decree may be examined at the office of the 
United States Attorney, 970 Broad St., Room 502, Newark, N.J. 07102 and 
at the Region II office of the Environmental Protection Agency, 26 
Federal Plaza, New York, New York 10278. The proposed consent decree 
may also be examined at the Consent Decree Library, 1120 G Street, 
N.W., 4th Floor, Washington, D.C. 20005 (202-624-0892). A copy of the 
proposed consent decree may be obtained in person or by mail from the 
Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington, 
D.C. 20005. In requesting a copy, please enclose a check in the amount 
of $4.50 (25 cents per page reproduction cost) payable to the ``Consent 
Decree Library.''
Bruce S. Gelber,
Deputy Chief, Environmental Enforcement Section, Environment and 
Natural Resources Division.
[FR Doc. 97-2660 Filed 2-3-97; 8:45 am]
BILLING CODE 4410-15-M
<PAGE>

EXHIBIT 10.3

                      Chief Executive Officer Certification
                                Petsec Energy Ltd

I, Terrence Norman Fern (Chief Executive Officer), certify that:

         1.       I have reviewed this annual report on Form 20-F of Petsec
                  Energy Ltd;

         2.       Based on my knowledge, this annual report does not contain any
                  untrue statement of a material fact or omit to state a
                  material fact necessary to make the statements made, in light
                  of the circumstances under which such statements were made,
                  not misleading with respect to the period covered by this
                  annual report; and

         3.       Based on my knowledge, the financial statements, and other
                  financial information included in this annual report, fairly
                  present in all material respects the financial condition,
                  results of operations and cash flows of the registrant as of,
                  and for, the periods presented in this annual report.

Date:  5 February 2003

/s/ Terrence Norman Fern

Name:         Terrence Norman Fern
Title:        Chief Executive Officer