alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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. 00-51335 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus OSCAR URBINA-PEREZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. SA-00-CR-339-ALL

-------------------- August 23, 2001 Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges. PER CURIAM: * Oscar Urbina-Perez appeals the 51-month term of imprisonment imposed following his guilty plea conviction of being found in the United States after removal in violation of 8 U.S.C. § 1326. Urbina-Perez argues that his sentence should not have exceeded the two-year maximum term of imprisonment prescribed in 8 U.S.C. § 1326(a). Urbina-Perez acknowledges that his argument is foreclosed by the Supreme Court’s decision in Almendarez-Torres v. United States , 523 U.S. 224 (1998), but seeks to preserve theNo. 00-51335 -2- issue for Supreme Court review in light of the decision in Apprendi v. New Jersey , 530 U.S. 466 (2000). 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) , cert. denied , 121 S. Ct. 1214 (2001). UrbinaPerez’s argument is foreclosed. The judgment of the district court is AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that the judgment of the district court be affirmed and that an appellee’s brief not be required. The motion is GRANTED. AFFIRMED; MOTION GRANTED.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22

- 2226

BRUCE WILSON , Plaintiff

- Appellant ,

v. ADUSA TRANSPORTATION LLC , Defendant

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Greenville

. Timothy M. Cain , District Judge ; Kevin Frank McDonald, Magistrate Judge

. ( 6:22

- cv - 02902

- TMC

- KFM )

Submitted : April 20, 2023 Decided: April 24, 2023

Before KING and QUATTLEBAUM , Circuit Judges , and FLOYD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.
Bruce Wilson, Appellant Pro Se

. Donald Christopher Lauderdale, Frank Sanders Stern, JACKSON LEWIS PC, Gree nville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-2226 Doc: 13 Filed: 04/24/2023 Pg: 1 of 22 PER CURIAM:
Bruce Wilson seeks to appeal the district court’s order denying Wilson’s motion to reconsider an order denying Wilson’s request that the court issue blank subpoenas . This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). The order Wilson seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED USCA4 Appeal: 22-2226 Doc: 13 Filed: 04/24/2023 Pg: 2 of 2
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0000036506
<NAME> FIRST MANISTIQUE CORP
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JUL-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                          13,772
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     12,345
<INVESTMENTS-CARRYING>                          17,082
<INVESTMENTS-MARKET>                            16,967
<LOANS>                                        211,156
<ALLOWANCE>                                      2,690
<TOTAL-ASSETS>                                 271,447
<DEPOSITS>                                     236,668
<SHORT-TERM>                                     6,866
<LIABILITIES-OTHER>                              2,464
<LONG-TERM>                                          0
<COMMON>                                         5,295
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      19,487
<TOTAL-LIABILITIES-AND-EQUITY>                 271,447
<INTEREST-LOAN>                                 14,589
<INTEREST-INVEST>                                1,239
<INTEREST-OTHER>                                   411
<INTEREST-TOTAL>                                16,239
<INTEREST-DEPOSIT>                               6,744
<INTEREST-EXPENSE>                               7,055
<INTEREST-INCOME-NET>                            9,184
<LOAN-LOSSES>                                      377
<SECURITIES-GAINS>                                (19)
<EXPENSE-OTHER>                                  6,547
<INCOME-PRETAX>                                  3,217
<INCOME-PRE-EXTRAORDINARY>                       3,217
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,303
<EPS-PRIMARY>                                     3.28
<EPS-DILUTED>                                     3.28
<YIELD-ACTUAL>                                    5.04
<LOANS-NON>                                          0
<LOANS-PAST>                                        24
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 2,591
<CHARGE-OFFS>                                      358
<RECOVERIES>                                       327
<ALLOWANCE-CLOSE>                                2,690
<ALLOWANCE-DOMESTIC>                               330
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          2,360
        

</TABLE>
I 

116TH CONGRESS 

2D SESSION H. R. 7861 

To amend the Internal Revenue Code of 1986 to make permanent the 

employer credit for paid family and medical leave. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2020 

Mr. CARTER of Texas introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

permanent the employer credit for paid family and medical leave. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EMPLOYER CREDIT FOR PAID FAMILY AND 

4 MEDICAL LEAVE MADE PERMANENT. 

5 (a) IN GENERAL.—Section 45S of the Internal Rev6 enue Code of 1986 is amended by striking subsection (i). 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 this section shall apply to wages paid in taxable years be9 ginning after December 31, 2020. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Exhibit 4.3 

                      AMENDMENT TO RIGHTS AGREEMENT


     AMENDMENT,  dated and effective as of October 20, 1997, to the Rights
Agreement, dated as of February 27, 1996 (the "Rights Agreement"), between
First Commerce Corporation,  a  Louisiana corporation (the "Company"), and
First Chicago Trust Company of New York (the "Rights Agent").

                      W I T N E S S E T H:

     WHEREAS, the Company and the  Rights Agent desire to amend and modify
the Rights Agreement in certain respects.

     NOW THEREFORE, the parties hereby agree as follows:

     1.  The Rights Agreement is hereby  amended  by  adding the following
new Section 34 at the end:

         Section 34.  Banc One Transaction.  Notwithstanding  anything in  this
     Agreement to the contrary,  neither (a) the approval, execution, delivery,
     amendment or consummation of  any  of the transactions contemplated by the
     Agreement  and  Plan of Merger dated October  20,  1997,  and  the  Option
     Agreement dated October  20, 1997, among Banc One Corporation ("Banc One")
     and the Company, shall cause  (i) Banc One or its Subsidiaries, Affiliates
     or Associates to become an Acquiring  Person,  (ii)  a  Shares Acquisition
     Date  to  occur, or (iii) a Distribution Date to occur.  Any  Distribution
     Date that might  or  could  otherwise  occur under this Agreement shall be
     indefinitely  deferred  until such time as  the  Board  of  Directors  may
     otherwise determine.

     2.  This Amendment to  the  Rights Agreement shall be governed by and
construed in accordance with the internal laws of the State of Louisiana.

     3.  This Amendment to the Rights  Agreement  may  be  executed in any
number  of  counterparts  and  each  of  such  counterparts shall for  all
purposes be deemed an original, and  all such counterparts  shall together
constitute but one and the same instrument.

     4.  Except  as  expressly  set  forth herein, this Amendment  to  the
Rights  Agreement shall not by implication  or  otherwise  alter,  modify,
amend or  in  any  way  affect  any of the terms, conditions, obligations,
covenants or agreements contained  in  the  Rights Agreement, all of which
are ratified and affirmed in all respects and shall continue in full force
and effect.
     IN WITNESS WHEREOF, the parties hereto have  caused this Amendment to
the Rights Agreement to be executed by their respective  proper  and  duly
authorized officers, as of the date first above written.


FIRST COMMERCE CORPORATION


By: /s/  Officer
    ------------

FIRST CHICAGO TRUST COMPANY
    OF NEW YORK


By:  /s/ Officer
    ------------
#### STATE of Louisiana v. Freddie W. CASE, Jr., Michael Wayne Davis, William J. Kimball.

No. 61894.

Supreme Court of Louisiana.

April 28, 1978.

In re: Freddie W. Case, Jr., Michael Wayne David & William J. Kimball applying for writs of certiorari, prohibition, mandamus and stay order. Parish of Concordia.

Granted.

The petition of the relator in the above entitled and numbered case having been duly considered,

It is ordered that a Writ of Certiorari issue herein, directing the Honorable Richard P. Boyd, Judge of the 7th Judicial District, Court for the Parish of Concordia, to transmit to the Supreme Court of Louisiana, on or before the 12th day of May, 1978, the record in duplicate, or a certified copy of the record in duplicate, of the proceedings complained of by the relator herein, to the end that the validity of said proceedings may be ascertained.

It is further ordered that the aforesaid Judge of said Court and the respondent through counsel shall show cause, in this court, on a date to be fixed by this court, why the relief prayed for in the petition of the relator should not be granted.
[Federal Register Volume 83, Number 116 (Friday, June 15, 2018)]
[Notices]
[Pages 27975-27976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12857]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Charter Renewal of Department of Defense Federal Advisory 
Committees

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Renewal of Federal Advisory Committee.

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

[[Page 27976]]

SUMMARY: The Department of Defense (DoD) is publishing this notice to 
announce that it is renewing the charter for the Chief of Engineers 
Environmental Advisory Board (``the Board'').

FOR FURTHER INFORMATION CONTACT: Jim Freeman, Advisory Committee 
Management Officer for the Department of Defense, 703-692-5952.

SUPPLEMENTARY INFORMATION: The Board's charter is being renewed in 
accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 
U.S.C., Appendix, as amended) and 41 CFR 102-3.50(d). The Board's 
charter and contact information for the Board's Designated Federal 
Officer (DFO) can be found at http://www.facadatabase.gov/.
    The Board provides the Secretary of Defense and the Deputy 
Secretary of Defense, through the Secretary of the Army, the Assistant 
Secretary of the Army (Civil Works), and the Chief of Engineers, 
independent advice and recommendations on matters related to the two 
distinct component programs of the United States Corps of Engineers--
the Military Program, which supports Army war fighters, and the Civil 
Works Program, which manages many of the water resources of the Nation.
    The Board is composed of no more than 10 members who are eminent 
authorities in the fields of natural (e.g., biology, ecology), social 
(e.g., anthropology, community planning), and related sciences. All 
members of the Board are appointed to provide advice on behalf of the 
Government on the basis of their best judgment without representing any 
particular point of view and in a manner that is free from conflict of 
interest. Except for reimbursement of official Board-related travel and 
per diem, Board members serve without compensation.
    The public or interested organizations may submit written 
statements to the Board membership about the Board's mission and 
functions. Written statements may be submitted at any time or in 
response to the stated agenda of planned meeting of the Board. All 
written statements shall be submitted to the DFO for the Board, and 
this individual will ensure that the written statements are provided to 
the membership for their consideration.

    Dated: June 11, 2018.
Shelly E. Finke,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2018-12857 Filed 6-14-18; 8:45 am]
 BILLING CODE 5001-06-P
SNODGRASS

Certified Public
Accountants and Consultants

EXHIBIT 99.1

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

Board of Directors

First West Virginia Bancorp, Inc.

We have reviewed the accompanying
consolidated balance sheet of First West Virginia Bancorp, Inc. and its subsidiary as of March 31, 2008, and the related consolidated statements of income for the three-month periods ended March 31, 2008 and 2007, and the consolidated
statement of changes in stockholders equity and the consolidated statement of cash flows for the three-month periods ended March 31, 2008 and 2007. These consolidated financial statements are the responsibility of the Companys
management.

We conducted our review in accordance with standards of the Public Company Accounting Oversight Board (United States). A review of interim
financial information consists principally of applying analytical procedures to financial data and making inquiries of persons responsible for financial and accounting matters. It is substantially less in scope than an audit conducted in accordance
with the standards of the Public Company Accounting Oversight Board, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements for them to be in conformity with
accounting principles generally accepted in the United States of America.

We have previously audited, in accordance with the standards of the Public
Company Accounting Oversight Board (United States), the consolidated balance sheet as of December 31, 2007, and the related consolidated statements of income, changes in stockholders equity, and cash flows for the year then ended (not
presented herein); and in our report dated February 26, 2008 we expressed an unqualified opinion on those consolidated financial statements.



|                                    
|------------------------------------
|/s/ S. R. Snodgrass, A.C.           
|Wheeling, West Virginia May 12,
2008

S.R. Snodgrass, A.C.

980 National Road Wheeling, WV 26003-6400 Phone: 304-233-5030 Facsimile: 304-233-3062
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  CONDENSED BALANCE SHEETS,  INCOME STATEMENTS,  STATEMENT OF
STOCKHOLDERS'  EQUITY AND  STATEMENTS OF CASH FLOWS FROM FORM 10Q FOR THE PERIOD
ENDED SEPTEMBER 30, 2000
</LEGEND>
<MULTIPLIER>                                1,000

<S>                                           <C>
<PERIOD-TYPE>                               9-MOS
<FISCAL-YEAR-END>                     DEC-30-2000
<PERIOD-END>                          SEP-30-2000
<CASH>                                      1,354
<SECURITIES>                                    0
<RECEIVABLES>                              97,387
<ALLOWANCES>                                5,078
<INVENTORY>                                66,837
<CURRENT-ASSETS>                          167,606
<PP&E>                                     23,566
<DEPRECIATION>                            (12,812)
<TOTAL-ASSETS>                            286,811
<CURRENT-LIABILITIES>                     116,508
<BONDS>                                   155,000
<PREFERRED-MANDATORY>                           0
<PREFERRED>                                     0
<COMMON>                                        0
<OTHER-SE>                                  9,709
<TOTAL-LIABILITY-AND-EQUITY>              286,811
<SALES>                                 1,093,177
<TOTAL-REVENUES>                        1,098,421
<CGS>                                     992,213
<TOTAL-COSTS>                           1,074,800
<OTHER-EXPENSES>                             (554)
<LOSS-PROVISION>                              750
<INTEREST-EXPENSE>                         12,068
<INCOME-PRETAX>                            11,493
<INCOME-TAX>                                5,252
<INCOME-CONTINUING>                         6,241
<DISCONTINUED>                                  0
<EXTRAORDINARY>                                 0
<CHANGES>                                       0
<NET-INCOME>                                6,241
<EPS-BASIC>                                     0
<EPS-DILUTED>                                   0


</TABLE>
**UNITED STATESSECURITIES AND EXCHANGE COMMISSIONWashington, D.C. 20549FORM 10-Q**__________________________________________

(Mark One)

**
[X] 
 
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
  
SECURITIES EXCHANGE ACT OF 1934
**

**For the Quarterly Period Ended September 30,2006**

**
[   ]
 
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
  
SECURITIES EXCHANGE ACT OF 1934
**

**For the transition period from           to        **

**Commission File No. 1-5438**

**    FOREST LABORATORIES,INC.    ** (Exact name of registrant as specified in itscharter)

**
**Delaware***(State or other jurisdiction ofincorporation or organization)*

 

**11-1798614***(I.R.S. EmployerIdentification Number)*
   
**909 Third AvenueNew York, New York***(Address of principal executive offices)*

 

**10022-4731***(Zip code)*
**

**(212) 421-7850***(Registrant's telephone number, including area code)*

*(Former name, former address and former fiscalyear, if changed since last report)*

Indicate by check mark whetherthe registrant (1) has filed all reports required to be filed bySection 13 or 15 (d) of the Securities Exchange Act of 1934 duringthe preceding 12 months (or for such shorter period that theregistrant was required to file such reports), and (2) has beensubject to such filing requirements for the past 90 days.Yes    X       No         . 

Indicate by a check mark whetherthe registrant is a large accelerated filer, an accelerated filer,or a non-accelerated filer. See definition of "accelerated filerand large accelerated filer" in Rule 12b-2 of the Exchange Act.(Check one):

Large accelerated filer    X                               Acceleratedfiler                                   Non-acceleratedfiler        

Indicate by check mark whetherthe registrant is a shell company (as defined in Rule 12b-2 of theExchange Act).  Yes           No    X    .

Number of shares outstanding of Registrant'sCommon Stock as of November 9, 2006: 316,723,810.

 

TABLE OF CONTENTS
EXHIBIT 10.22

 

PCM, Inc.

Summary of Executive Salary and Bonus Arrangements

 

The table below summarizes the current annual salary and bonus arrangements we have with each of our current executive officers. All of the compensation arrangements we have with our executive officers, including with respect to annual salaries and bonuses, are reviewed and may be modified from time to time by the Compensation Committee of our Board of Directors.

 

We have written employment arrangements with each of our executive officers, and a copy of each such employment arrangement is filed as an exhibit to the accompanying Annual Report on Form 10-K. The non-salary and bonus components of our compensation arrangements with our executive officers, including with respect to severance, option grants and other benefits, are described in those respective agreements. Our executive officers participate in executive bonus plans during fiscal year 2014 established by the Compensation Committee of our Board of Directors and adopted by the Board of Directors.

 

	
Executive Officer
    	
 
    	
Annual
   Base Salary
    	
 
    	
Bonus
    	
 
    
	
Frank F. Khulusi
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Chairman and Chief Executive Officer 
    	
 
    	
$
    	
833,000
    	
 
    	
 
    	
(1)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Brandon H. LaVerne
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Chief Financial Officer, Treasurer and Assistant   Secretary 
    	
 
    	
$
    	
346,330
    	
 
    	
 
    	
(1)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Robert I. Newton
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Executive Vice President, Chief Legal Officer and   Secretary 
    	
 
    	
$
    	
342,900
    	
 
    	
 
    	
(1)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Simon M. Abuyounes 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
President — PCM Logistics, LLC 
    	
 
    	
$
    	
333,375
    	
 
    	
 
    	
(1)
    
	
 
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
Joseph B. Hayek
    	
 
    	
 
    	
 
    	
 
    	
 
    
	
President—PCM Sales, Inc. 
    	
 
    	
$
    	
317,500
    	
 
    	
 
    	
(1)
    



 






(1)  All executives are eligible to participate in our executive bonus plans referenced above.
<PAGE>
 
                                  EXHIBIT 11.1

             Statement Regarding Computation of Per Share Earnings
<PAGE>
<PAGE>
 
Computation of Earnings Per Share
---------------------------------

The following formula was used to calculate the earnings per share,
Consolidated Statements of Income for the three months ended and six months
ended June 30, 1997 and 1996, included in this report as Exhibit 13.
 
Net Income / 
Weighted average shares of common stock outstanding for the period

                              Three months ended
                                   June 30,
                                1997      1996
                              -------    -------

Weighted Average
Shares Outstanding            806,107    806,107
 
Net Income                    474,485    405,277
 
Per Share Amount                  .59        .50


                                Six months ended
                                   June 30,
                                1997      1996
                              -------    -------

Weighted Average
Shares Outstanding            806,107    806,107
 
Net Income                    951,092    779,638
 
Per Share Amount                 1.18        .97
 

No common stock equivalents exist, therefore primary and fully diluted
earnings per share are the same.