alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

United States Court of Appeals

Fifth Circuit

FILED

December 20, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-40952

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CRUZ EMMA MARES-CHAVEZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:04-CR-695-2

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

Before DeMOSS, STEWART, and PRADO, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Cruz Emma Mares-Chavez

has moved for leave to withdraw and has filed a brief as required

by Anders v. California, 386 U.S. 738 (1967). Mares-Chavez has

not responded to counsel’s motion. 

Our independent review of the brief filed by counsel and of

the record discloses no nonfrivolous issue for appeal. Counsel’s

motion for leave to withdraw is GRANTED, counsel is excused from

further responsibilities herein, and the APPEAL IS DISMISSED. 

See 5TH CIR. R. 42.2.
#### Pritchard Services (NY) Inc., Respondent, v First Winthrop Properties, Inc., et al., Appellants.

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered May 18, 1990, which, *inter alia,*denied defendants’ motion for summary judgment dismissing the complaint, unanimously modified on the law to the extent of granting the motion insofar as it sought dismissal of the fourth cause of *413action in the first amended complaint, which sought recovery in quantum meruit, and otherwise affirmed, with costs.

Offered as evidence of the alleged breach of the series of nine professional cleaning contracts were a number of unpaid invoices. Defendants aver that plaintiff has been duly compensated, and probably overcompensated. Plaintiff replies that any purported overpayments were for extra work outside the scope of the contracts at issue, an assertion with which defendants take issue.

Defendants’ unearmarked payments need to be identified, traced and matched to particular work performed. (Some of the payments made to plaintiff actually antedate the starting point of the contracts in question.) At the very least, this presents a task for the trier of facts, thus precluding summary disposition.

The existence and applicability of the contracts at issue are not disputed. Plaintiff having charted its course under a theory of breach of contract cannot alternatively claim recovery in quantum meruit *(Clark-Fitzpatrick, Inc. v Long Is. R. R. Co.,*70 NY2d 382). That cause of action should have been dismissed. (We recently granted leave to replead the contract cause and denied it with respect to an account stated [172 AD2d 394].)

Plaintiff, now defunct as a business entity, has presented the IAS court with good cause to warrant entitlement to additional discovery. Concur—Rosenberger, J. P., Ellerin, Kupferman, Asch and Smith, JJ.
```

[Federal Register Volume 79, Number 95 (Friday, May 16, 2014)]
[Notices]
[Page 28489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11368]

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

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED

Procurement List; Additions and Deletions

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Notice; Supplementary.

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

DATES: May 13, 2014.

ADDRESSES: Committee for Purchase From People Who Are Blind or Severely 
Disabled, 1401 S. Clark Street, Suite 10800, Arlington, Virginia 22202-
1419.
SUMMARY: The Committee for Purchase From People Who Are Blind or 
Severely Disabled (Committee) is providing supplementary information to 
its Notice in the Federal Register of April 21, 2014.

FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Director, Business 
Operations, Telephone: (703) 603-7740, FAX 703-603-0655 or email 
CMTEFedReg@abilityone.gov.

SUPPLEMENTARY INFORMATION: The Committee's Notice in the Federal 
Register of Monday, April 21, 2014 (79 FR 22103-22104), included the 
addition to the Procurement List of ``Base Operations Support Service, 
National Geospatial-Intelligence Agency, NGA Campus West, 3200 S 2nd 
Street, St. Louis, MO'', with an effective date of May 20, 2014. 
Through this Notice, the Committee is temporarily suspending the May 
20, 2014 effective date until November 20, 2014.

Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2014-11368 Filed 5-15-14; 8:45 am]
BILLING CODE 6353-01-P
```
**Exhibit 10.22****AMENDMENT TO EMPLOYMENT AGREEMENT**THIS AMENDMENT TO EMPLOYMENT AGREEMENT (this “Amendment”) is entered into as ofDecember 2007 between Gilbert Gomez (“Executive”) and Mobile Storage Group, Inc., aDelaware corporation (“Company”).RECITALSA. Executive and Company entered into that certain Employment Agreement dated February 12,2006 (the “Agreement”).B. Each of the parties hereto desires to amend the Agreement as set forth herein, and desiresthat, except as set forth in this Amendment, the Agreement shall remain in full force and effect.NOW THEREFORE, in consideration of the premises and the respective representations,warranties, covenants, agreements and conditions hereinafter set forth, and other good and valuableconsideration, the receipt and sufficiency of which are hereby acknowledged, the parties heretohereby agree as follows:1. Definitions. Capitalized terms used herein and not otherwise defined herein shallhave the meanings ascribed to them in the Agreement (without regard to this Amendment).2. Amendment. Section 4.3 of the Agreement is hereby amended and restated as follows:“4.3. Effect of Termination Without Cause. Upon the Constructive Termination of thisEmployment Agreement pursuant to Section 4.1(c) or in the event the Company terminates Executive’semployment with the Company without ‘cause’ under Section 4.1(d), the Company shall pay Executive(i) noncompetition payments equal to the Base Salary for a period of twelve months after the dateof termination of this Employment Agreement in consideration for Executive’s compliance withcovenants set forth in Section 5.1 and (ii) the Discretionary Bonus, if any, *pro rated*for anyperiod of time that is not equal to one year.”3. References. All references in the Agreement to “Agreement,” “herein,” “hereof,” orterms of like import referring to the Agreement or any portion thereof are hereby amended to referto the Agreement as amended by this Amendment.4. No Implied Amendments. Except as expressly provided herein, the Agreement is notbeing amended, supplemented, or otherwise modified, and the Agreement shall continue in force andeffect in accordance with its terms.5. Counterparts. This Amendment may be executed in one or more counterparts, each ofwhich shall be deemed an original but all such counterparts together shall constitute but one andthe same agreement.
 
1

 
6. Successors and Assigns. This Amendment shall be binding upon and inure to thebenefit of the parties hereto and their respective successors and assigns.7. Governing Law. This Amendment shall at all times be governed by and construed,interpreted and enforced in accordance with the internal laws (as opposed to conflict or choice oflaws provisions) of the State of California.
 
2

 
[SIGNATURE PAGE TO AMENDMENT TO EMPLOYMENT AGREEMENT OF GILBERT GOMEZ]IN WITNESS WHEREOF, Company has caused this Amendment to be signed by its duly authorizedofficers and Executive has signed this Agreement as of the day and year first above written.       **EXECUTIVE**             Gilbert Gomez       **COMPANY**       MOBILE STORAGE GROUP, INC.       By:           Douglas A. Waugaman    President & Chief Executive Officer
 
3
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6339

ANTHONY EDWARD HENDERSON,

Petitioner - Appellant,

versus

WILLIAM SMITH, Warden; ATTORNEY GENERAL OF THE

STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.

(CA-95-2989-JFM)

Submitted: June 20, 1996 Decided: July 9, 1996

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Anthony Edward Henderson, Appellant Pro Se. John Joseph Curran,

Jr., Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY

GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

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

relief on his 28 U.S.C. § 2254 (1988) petition. We have reviewed

the record and the district court's opinion and find no reversible

error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Henderson

v. Smith, No. CA-95-2989-JFM (D. Md. Feb. 29, 1996). We 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
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

June 26, 2006 Clifford W. Taylor,

 Chief Justice 

130769 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

CHERYL SALOKA, Robert P. Young, Jr. 

Stephen J. Markman, Plaintiff-Appellant, Justices 

v SC: 130769 

 COA: 255954 

Macomb CC: 02-005423-NZ 

SHELBY NURSING CENTER JOINT 

VENTURE, a/k/a PINEHURST EAST, INC., 

a/k/a BEAUMONT NURSING HOME, 

CRYSTAL REICK, VICTORIA CICONE,

PREMIERE HEALTHCARE MANAGEMENT, 

INC., and RENEE DECEMBER,

Defendants-Appellees. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the December 6, 2005 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

t0619 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 26, 2006 

Clerk
**Exhibit32.1**

**CERTIFICATIONPURSUANT TO**

**18 U.S.C.SECTION 1350**

**ASADOPTED PURSUANT TO**

**SECTION906 OF THE SARBANES-OXLEY ACT OF 2002**

Pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officers of Platinum ResearchOrganization, Inc. (the “Company”) hereby certify that the Company’s QuarterlyReport on Form 10-QSB for the quarterly period ended March 31, 2007, as filedwith the Securities and Exchange Commission on the date hereof (the “Report:
| (1) |   | fully complies with the requirements of Section  13(a) or 15(d) of the Securities Exchange Act of 1934; and                                           |
|-----|--------|-------------------------------------------------------------------------------------------------------------------------------------------------------|
| (2) |   | the information contained in the Report fairly  presents, in all material respects, the financial condition and result of  operations of the Company. |

 
| */s/ John T. Jaeger, Jr.*             | * * |
|---------------------------------------|----------|
| John T. Jaeger, Jr.                   |
| President and Chief Executive Officer |
| (Principal Executive Officer)         |
| May 21, 2007                          |

 
| */s/ Michael D. Newman*                           | * * |
|---------------------------------------------------|----------|
| Michael D. Newman                                 |
| Senior Vice-President and Chief Financial Officer |
| (Principal Financial Officer)                     |
| May 21, 2007                                      |

 

----
104W (45 pots) 103W (45 pots) 102W (45 pots) 101W (45 pots) 101E (45 pots) 102E (45 pots) 103E (45 pots) 104E (45 pots) Bath Handling Anode Rodding Anode Cooling 

## Offices N

Ore Fill Station Ore Fill Station 

# Mt. Holly Potline Layout Schematic

Potline 1 Potline 2
161W ID# 53003 161E ID# 53002

162E ID# 53004 162W ID# 53005

** POTLINE SCRUBBERS
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Robert P. Grim, Jane C. Grim, Shannon :

M. Crowe, Alexander G. Crowe, : Stephen J. Demchyk, Barbara K. : Demchyk, John C. Zima, Darrell L. : Browning, Diane Dudley, Kenneth P. :

Franke, Anne H. Franke, Dean Haas, : Helen A. Wanamaker, Dwight S. :

Wanamaker, and Laurel L. Burkhardt, :

Appellants :

:

v. :

: Maxatawny Township Board of : Supervisors, Duke Realty Limited : Partnership, Charles E. Wessner, : Carol J. Wessner, Cynthia K. Schlegel, :

Pol lyanna G. Hartman, Kathy Karpeuk, : Robert M. Skrip, Linda Skrip, Roy :

Wessner, Dale Wessner, Jenni Reinhard, : No. 1452 C.D. 2021

and Jeremy Reinhard :

O R D E R

AND NOW, this 1st day of June , 2023, the Application for Reargument

En Banc by Appellee Duke Realty Limited Partnership Pursuant to Pa. R.A.P. 2541

-

2546 (Application) is GRANTED IN PART. This Court’s Opinion filed April 6,

2023 is amended to delete footnote 12 on page 11 . T he Opinion is withdra wn and

the attached amended Opinion is entered

. The Court’s April 6, 2023 Order is not

affected by the amendment to the Opinion.

The Application is otherwise DENIED.

__________________________________ CHRISTINE FIZZANO CANNON, Judge
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TOC lOt"A 1'.,\.'l'Ul,;t t'ON0

(iotcrtor t.'AoAA, SUlil,\ l.l, Gorcruor AN{ERICAN SAMOA BNVIRONMENTAL PROTtrCTION AGBNCY P.O. Dox PPA Pago Pago,Arrrcrican Samoa 96799 TOAFA F.'I" VAIAGAE I'II.D. Dircclor Phorrc: (6u) 633.2f,0.1 Adnrin. l'arr (68.1) 63J.57t5 Progrlnrs Fux: (6tJ) 633.5801 29 December 2010 John 

### McCarroll, Manager 

### Pacific Islands Offlrce 

### EPA Region 

### IX 75 

### Hawthome Street San Francisco, 

### CA 94105



### RE: National Ambient 

## Air Quatify Standard 

### for Nitrogen Dioxide Dear 

### Mr. McCarroll. The

### American Samoa 

### Environmental Protection Agency 

### (AS-EPA) has received and reviewed the 

### information regarding the 

### NationalAmbient 

### Air Quality Standard 

### (NAAQS) forNitrogen Dioxide in aletter 

### from the USEPA Regional 

### Administrator dated 

### November 12,2010. On behalf of

### AS-EPA 

### and 

### the American Samoan Government 

### (ASG),

# I want

## to thank USEPA 

### for providing the 

### opportunity to comment on

### this important matter. 

### Asyou know, the 

### American Samoa 

### Government does 

### not conduct 

### air quality monitoring, and continues 

### to 

### rely on USEPA Region 

## IXto administer 

### the Clean

### Air Act in American Samoa. 

### Therefore,

### we leave 

### the matter 

### of designating areas 

### inAmerican Samoa 

### with respect

### to recent changes 

### in the 

### National Ambient 

### Air Quality Standards 

### (NAAQS) to USEPA Region 

### IX. As always, we appreciate the

### technical support

### youroffice hasconsistently provided.

Honorable 

### Togiola 

### T.A. Tulafono, Govemor 

### carl Goldstein, Program Manager, 

### pacific Islands

### office, EpA Region 9 

### Michael 

### wolfram, Program Manager, 

### pacific Islands 

### office, EpA Region 9 Fa'amao Asalele, Assistant 

### Director

## - Technical programs, 

### AS-EpA LCDR Matt 

### Vojik, P.E.,

### Technical Services Manaser. 

### AS-EPA Sincerely,

cc.
#### The People of the State of New York, Respondent, v Geraldo Santiago, Appellant.

Appeal by the defendant from two judgments of the Supreme Court, Kings County (Tomei, J.), both rendered September 30, 1988, convicting him of robbery in the third degree under Indictment No. 3812/88 and criminal possession of a weapon in the third degree under Indictment No. 6003/88, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see, Anders v Califor*
      *655
      *nia,*386 US 738; *People v Paige,*54 AD2d 631; *cf., People v Gonzalez,*47 NY2d 606). Bracken, J. P., Keeper, Lawrence, Balletta and O’Brien, JJ., concur.
<PAGE>
 
                                                                    EXHIBIT 23.1


Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 33-96788, 33-96854, 33-96856, File No. 333-09361, 333-4420 and
333-52355), of Crown Vantage Inc. of our report dated January 29, 1999, except
for Note 6, paragraph 4, as to which the date is February 26, 1999, with
respect to the consolidated financial statements of Crown Vantage Inc.
incorporated by reference in the Annual Report on Form 10-K for the years
ended December 27, 1998, December 28, 1997 and December 29, 1996 and our
report on the financial statement schedule, on page 19 of this Form 10-K.



                                                            ERNST & YOUNG LLP



San Francisco, California
March 25, 1999
#### Ira Weinstein, Appellant, v 367 Park Avenue Realty Corp., Respondent.

Appeal by the defendant from an order and judgment (one paper) of the Supreme Court, Nassau County (Burke, J.), entered June 6, 1989.

Ordered that the order and judgment is affirmed, with costs, for reasons stated by Justice Burke in the Supreme Court. Hooper, J. P., Sullivan, Harwood and Rosenblatt, JJ., concur.
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The Board of Directors

Diedrich Coffee, Inc.:

We hereby consent to the incorporation by reference
in the registration statements (Nos. 333-111669, 333-66744, 333-74626, 333-52190, 333-61269, 333-50412, 333-61271, 333-50127, 333-50129) on Form S-8 and Form S-3 of our report dated September 22, 2009, relating to the
consolidated financial statements and schedule of Diedrich Coffee, Inc. appearing in this Form 10-K for the year ended June 24, 2009.



|                       
|-----------------------
|/s/    BDO Seidman, LLP
|Costa Mesa, California 
|September 22, 2009