alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6558

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus CHARLES WILLIAM COOK, III, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Chief District Judge. (CR-92-94, CA-96-787-AM) Submitted: May 29, 1998 Decided: August 24, 1998 Before WIDENER and LUTTIG, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Charles William Cook, III, Appellant Pro Se. Dennis Michael Kennedy, Assistant United States Attorney, Alexandria, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We have reviewed the record and the district court’s opinion andfind no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. United States v. Cook , Nos. CR-92-94; CA-96-787-AM (E.D. Va. Mar. 10, 1997). Appellant’s motion to produce transcripts at theGovernment’s expense is denied, as is his motion to stay this appeal pending the production of the transcripts. We deny Appellant’s motion for the appointment of counsel and dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF PENNSYLVANIA 

TONY PUNCH, et al., ) 

 ) 

 Plaintiffs, ) Civil Action No. 12-154E 

 ) 

 v. ) Judge Cathy Bissoon 

 ) Magistrate Judge Susan Paradise Baxter 

DOLLAR TREE STORES, INC, et al., ) 

 ) 

 Defendants. ) 

MEMORANDUM ORDER 

 This case has been referred to United States Magistrate Judge Susan Paradise Baxter for 

pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), 

and Local Rule of Civil Procedure 72. 

 On April 25, 2016, the Magistrate Judge issued a Report (Doc. 159) recommending that 

Dollar Tree Store, Inc.’s and Greenbrier International, Inc.’s Motion (Doc. 134) for summary 

judgment against Dollar Connection, Ltd., be denied. Service of the Report and 

Recommendation was made, and the moving-Defendants have filed Objections. See Doc. 160.

 After a de novo review of the pleadings and documents in the case, together with the 

Report and Recommendation and the Objections thereto, the following Order is entered: 

Defendants’ Motion (Doc. 134) for summary judgment is DENIED, and the Magistrate 

Judge’s Report and Recommendation hereby is adopted as the Opinion of the District Court. 

 IT IS SO ORDERED. 

June 2, 2016 s\Cathy Bissoon 

 Cathy Bissoon 

 United States District Judge 

cc (via ECF email notification): 

All Counsel of Record 

Case 1:12-cv-00154-CB-SPB Document 164 Filed 06/02/16 Page 1 of 1
Item 77C DWS RREEF World Real Estate &
Tactical Strategies Fund, Inc.

Registrant incorporates by reference to its Proxy
Statement filed on May 28, 2008 (SEC Accession
No. 0000950123-08-006197).
The Annual Meeting of Stockholders of DWS
RREEF World Real Estate & Tactical Strategies
Fund, Inc. (the ?Fund?) was held on July 2, 2008.
The following matter was voted upon by the
Stockholders of the Fund.
1.	The election of the following Class I Board
Members to hold office for a term of three
years and until their respective successors
have been duly elected and qualified:


Number of Votes:

For
Withheld
John W. Ballantine
10,624,230
366,270
Henry P. Becton, Jr.
10,616,729
373,771
Dawn?Marie Driscoll
10,621,790
368,710
Paurl K. Freeman
10,623,211
367,289
Keith R. Fox
10,622,711
367,789

Until recently, substantially all DWS open?end
funds and most DWS closed?end funds were
overseen by one of two boards of directors or
trustees (the ?Boards?). In 2007, each Board,
including the Board that has historically overseen
the Fund (the ?New York Board?), determined
that the formation of a single consolidated Board
overseeing all DWS funds (the ?Consolidated
Board?) would be in the best interests of the
funds. Accordingly, each Board approved a plan
to consolidate the New York Board with the other
primary DWS fund board (the ?Chicago Board?).
(The geographic references in the preceding
sentences merely indicate where each Board
historically held most of its meetings.)
The Consolidated Board consists of nine
members from the Fund?s original New York
Board (Henry P. Becton, Jr., Dawn?Marie
Driscoll, Keith R. Fox, Kenneth C. Froewiss,
Richard J. Herring, Rebecca W. Rimel, William
N. Searcy, Jr., Jean Gleason Stromberg and Axel
Schwarzer) and four members from the Chicago
Board (John W. Ballantine, Paul K. Freeman,
William McClayton and Robert H. Wadsworth).
Prior to consolidation, three members of the
Fund?s original Board (Martin J. Gruber, Graham
E. Jones and Carl W. Vogt) resigned.
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-11137 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ALBERTO PEREZ-DIAZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 5:02-CR-50-1-C

-------------------- February 20, 2003 Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges. PER CURIAM: * Alberto Perez-Diaz appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Perez-Diaz contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Perez-Diaz maintains that he pleaded guilty to an indictment which charged only simple reentryNo. 02-11137 -2- under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Perez-Diaz acknowledges that his argument is foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his argument for further review. Apprendi did not overrule Almendarez-Torres

. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. In lieu of filing an appellee’s brief, the Government has filed a motion asking this court to dismiss this appeal or, in the alternative, to summarily affirm the district court’s judgment. The motion to dismiss is DENIED. The motion for a summary affirmance is GRANTED. The Government need not file an appellee’s brief. AFFIRMED; MOTION TO DISMISS DENIED; MOTION FOR SUMMARY AFFIRMANCE GRANTED.
Order entered March 20, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00188-CV

LAW OFFICE OF ANDREW L. JONES, P.C. AND ANDREW JONES, Appellants

V.

LESLIE SCHACHAR, MD, Appellee

On Appeal from the 193rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-17-11330

ORDER

Before the Court is appellants’ March 19, 2019 agreed motion to extend briefing 

deadlines. We GRANT the motion and ORDER appellants’ brief be filed no later than April 4, 

2019. Appellee’s brief shall be filed by May 10, 2019.

/s/ KEN MOLBERG 

JUSTICE
[Federal Register Volume 62, Number 208 (Tuesday, October 28, 1997)]
[Notices]
[Page 55799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28459]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket Nos. FA96-6-004; and RP92-137-048]


Transcontinental Gas Pipe Line Corporation; Notice of Report of 
Refunds

    Take notice on October 17, 1997, Transcontinental Gas Pipe Line 
Corporation (Transco) tendered for filing a report of refunds 
pertaining to refunds distributed on September 18, 1997.
    Transco states that the purpose of such refund was to comply with 
the Division of Audits letter order issued January 8, 1997, regarding 
interruptible transportation revenues related to he Spider Field 
lateral for the period September 1, 1992 through October 31, 1993.
    Transco is servicing copies of the instant filing to customers, 
State Commission and other interested parties.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, 
Washington, D.C. 20426, in accordance with Section 385.211 of the 
Commission's Rules and Regulations. All such protests should be filed 
on or before October 29, 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. Copies of this 
filing are on file with the Commission and are available for public 
inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 97-28459 Filed 10-27-97; 8:45 am]
BILLING CODE 6717-01-M
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FEBRUARY 1,
1997 FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
</LEGEND>
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   Year
<FISCAL-YEAR-END>                        Feb-01-1997
<PERIOD-START>                           Feb-04-1996
<PERIOD-END>                             Feb-01-1997
<CASH>                                        22,246
<SECURITIES>                                       0
<RECEIVABLES>                                  8,781
<ALLOWANCES>                                   1,542
<INVENTORY>                                    5,109
<CURRENT-ASSETS>                              38,389
<PP&E>                                         8,397
<DEPRECIATION>                                 2,356
<TOTAL-ASSETS>                                47,142
<CURRENT-LIABILITIES>                         19,406
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                         124
<OTHER-SE>                                    26,835
<TOTAL-LIABILITY-AND-EQUITY>                  47,142
<SALES>                                      254,313
<TOTAL-REVENUES>                             254,313
<CGS>                                        226,456
<TOTAL-COSTS>                                226,456
<OTHER-EXPENSES>                              32,428
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                             3,260
<INCOME-PRETAX>                               25,994
<INCOME-TAX>                                   7,117
<INCOME-CONTINUING>                           18,877
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                  17,916
<EPS-PRIMARY>                                  $1.44
<EPS-DILUTED>                                  $1.44
        


</TABLE>
xml version="1.0" encoding="UTF-8"?


L\_2006169EN.01006001.xml


| | | | |
| --- | --- | --- | --- |
| 22.6.2006 | EN | Official Journal of the European Union | L 169/60 |

---

Corrigendum to Council Joint Action 2005/355/CFSP of 2 May 2005 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (DRC)

(
[Official Journal of the European Union L 112 of 3 May 2005](http://publications.europa.eu/resource/oj/JOL_2005_112_R_TOC)
)

On page 21, in Article 1(1):

for:

‘... called EUSEC DR Congo ...’,

read:

‘... called EUSEC RD Congo ...’.

On page 22, in Article 10, the Title:

for:

‘Community action’

,

read:

‘Coordination and liaison’

;

and in paragraph 2 the second sentence reading as follows shall be deleted:

‘The Head of Mission shall cooperate with the other international players present, in particular MONUC and the third States involved in the DRC.’;

and in Article 11, the Title:

for:

‘Release of classified information’

;

read:

‘Community action’

.

---
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 11-422 

________________________________________________________________________ 

DEFENSE 

Cooperation 

 Agreement Between 

the UNITED STATES OF AMERICA 

and the KYRGYZ REPUBLIC 

Signed at Bishkek February 8, 2011 

 
 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.” 
KYRGYZ REPUBLIC 

Defense: Cooperation 

 Agreement signed at Bishkek February 8, 2011; 

 Entered into force April 22, 2011.
[Federal Register Volume 62, Number 205 (Thursday, October 23, 1997)]
[Notices]
[Page 55268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28013]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Office for Women's Services; Notice of Meeting

    Pursuant to Pub. L. 92-463, notice is hereby given of the meeting 
of the Advisory Committee for Women's Services of the Substance Abuse 
and Mental Health Services Administration (SAMHSA) in November, 1997.
    The meeting of the Advisory Committee for Women's Services will 
include a discussion of and update on policy and program issues 
relating to women's substance abuse and mental health service needs at 
SAMHSA, including the SAMHSA fiscal year 1998 budget and 
reauthorization; women in senior level positions at SAMHSA; gender 
issues in SAMHSA's managed care activities; FY 98 Knowledge Development 
and Application Grants; and future women's policy and program 
directions at SAMHSA. Public comments are welcome. Please communicate 
with the individual listed as Contact below to make arrangements to 
comment or to request special accommodations for persons with 
disabilities.
    A summary of the meeting and/or a roster of committee members may 
be obtained from: Pamela M. Perry, Executive Secretary, Advisory 
Committee for Women's Services, Office for Women's Services, SAMHSA, 
Parklawn Building, Room 13-99, 5600 Fishers Lane, Rockville, Maryland 
20857, Telephone: (301) 443-5184.
    Substantive information may be obtained from the contact whose name 
and telephone number is listed below.
    Committee Name: Advisory Committee for Women's Services.
    Meeting Date(s): November 17-18, 1997.
    Place: Versailles I Room, Holiday Inn Hotel--Bethesda, 8120 
Wisconsin Avenue, Bethesda, MD 20814.
    Open: November 17: 9:00 a.m. to 5:00 p.m. November 18: 8:30 a.m. to 
12:00 p.m.
    Contact: Pamela M. Perry, Room 13-99, Parklawn Building, Telephone 
(301) 443-5184.

    Dated: October 17, 1997.
Jeri Lipov,
Committee Management Officer, Substance Abuse and Mental Health 
Services Administration.
[FR Doc. 97-28013 Filed 10-22-97; 8:45 am]
BILLING CODE 4162-20-P
EXHIBIT INDEX


EX-32.1

Chief Executive Officers Certification Pursuant To18 U.S.C. Section 1350

In connection with the Quarterly Report on Form 10-QSB of ViaVid Broadcasting, Inc. (the Company) for the period ending September 30, 2005 (the Report), I, Brian Kathler, Chief Executive 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)     To my knowledge, the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2)     To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of September 30, 2005.

|                         |  |                         | 
|------------------------ |  | ----------------------- | 
|Date:  November 10, 2005 |  | /s/ Brian Kathler       | 
|                         |  |                         | 
|                         |  | Brian Kathler           | 
|                         |  | Chief Executive Officer |
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Notices 55599

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 98–05]

36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense

Security Assistance Agency.

ACTION: Notice.

SUMMARY: The Department of Defense is

publishing the unclassified text of a

section 36(b)(1) arms sales notification.

This is published to fulfill the

requirements of section 155 of P.L. 104–

164 dated 21 July 1996.

FOR FURTHER INFORMATION CONTACT:

Ms. J. Hurd, DSAA/COMPT/RM, (703)

604–6575.

The following is a copy of a letter to

the Speaker of the House of

Representatives, Transmittal 98–05,

with attached transmittal, policy

justification, Certification Under Section

620C(d) of the Foreign Assistance Act of

1961, and sensitivity of technology

pages.

Dated: October 20, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

BILLING CODE 5000–04–M
55600 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Notices
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Notices 55601
55602 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Notices
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Notices 55603
55604 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Notices

[FR Doc. 97–28353 Filed 10–24–97; 8:45 am]

BILLING CODE 5000–04–C
#### E. C. JOHNSON, M.D., Petitioner, v. Herbert J. CRAWFORD, as Personal Representative of the Estate of Marcus Crawford, a Deceased Minor and Everglades Memorial Hospital, a Florida Corporation, Respondents.

No. 77-233.

District Court of Appeal of Florida, Fourth District.

April 10, 1978.

Larry Klein, West Palm Beach, and De-Santis, Cook, Meehan & Cohen, North Palm Beach, for petitioner.

Edward A. Perse of Horton, Perse & Ginsberg and Stanley M. Rosenblatt, Miami, for respondents.

CROSS, Judge.

We treat as a petition for a common law writ of certiorari an interlocutory appeal seeking review of an order terminating jurisdiction of a medical mediation panel.

Petitioner is one of two original defendants in a medical malpractice mediation proceeding. Petitioner, with consent of opposing counsel, delayed filing an answer beyond the twenty-day statutory limit provided in § 768.44(l)(c), Florida Statutes (Supp.1977). The judicial referee, upon noting the fact of petitioner’s late filing, entered an order dismissing petitioner from the mediation proceeding. Hence, this interlocutory appeal which we treat as a petition for a common law writ of certiorari.

This court recently had occasion to address this issue in *Latorra*v. *Patrick,*359 So.2d 463 (Fla. 4th DCA 1978). In *Latorra,*we noted that the time period established by the provisions of § 768.44(l)(c), Florida Statutes, is jurisdictional as are other limitation periods established by § 768.44. See also *Perkins v. Pare,*352 So.2d 65 (Fla. 4th DCA 1977).

Accordingly, the petition for certiorari is denied.

Certiorari denied.

ALDERMAN, C. J., and MOORE, J., concur.
NUMBER 13-18-00631-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

THE NUECES COUNTY CIVIL 

SERVICE COMMISSION, Appellant,

v.

JOSHUA SORENSEN, Appellee.

On appeal from the 347th District Court

of Nueces County, Texas.

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Perkes

Memorandum Opinion by Chief Justice Contreras

Appellant, the Nueces County Civil Service Commission, has perfected an appeal 

from a judgment entered by the 347th District Court of Nueces County, Texas, in cause 

number 2016DCV-5228-H. Appellant filed a “Stipulation of Dismissal” advising this court 

that the parties have executed a settlement agreement and have settled all claims. We 
2

construe this as a motion for voluntary dismissal of the appeal. See TEX. R. APP. P.

42.1(a)(1). Appellant represents that appellee’s counsel is unopposed to the relief sought 

by the motion.

This Court, having considered the documents on file and appellant’s motion, is of 

the opinion that the motion should be granted. Accordingly, appellant’s motion is

GRANTED and the appeal is DISMISSED. See id. Costs of court shall be taxed against 

appellant. See TEX. R. APP. P. 42.1(d). Having dismissed the appeal at appellant’s 

request, no motion for rehearing will be entertained, and our mandate will issue forthwith.

DORI CONTRERAS

Chief Justice

Delivered and filed the

19th day of December, 2019.
EXHIBIT 32

Certification Pursuant to § 906 of the

Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350)

The undersigned, as the Chairman of the Board and President of Bank Building Corporation, certifies that to
the best of his knowledge and belief the Annual Report on Form 10-KSB for the period ended December 31, 2006, which accompanies this certification, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the
Securities Exchange Act of 1934, and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of Bank Building Corporation at the dates and for the periods
indicated. The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350) and shall not be relied upon for any other purpose. The undersigned expressly disclaims any obligation to update the
foregoing certification except as required by law.



|                     |  |                                                                            
|-------------------- |  | ---------------------------------------------------------------------------
|Date: March 29, 2007 |  | /s/ Worth Harris Carter, Jr.                                               
|                     |  | Worth Harris Carter, Jr.                                                   
|                     |  | Chairman of the Board and President                                        
|                     |  | (principal executive, principal financial,and principal accounting officer)



32