alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-7194

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TERESA D. BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the District of

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

Herbert N. Maletz, Senior Judge, sitting by designation. (CR-89-

391-JFM, CR-89-392-JFM, CA-97-1095-HNM)

Submitted: September 30, 1998 Decided: October 13, 1998

Before ERVIN, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Teresa Brown, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Teresa Brown seeks to appeal the district court’s order denying her motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp.

1998). 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 substantially on the reasoning

of the district court. United States v. Brown, Nos. CR-89-391-JFM;

CR-89-392; CA-97-1095-HNM (D. Md. July 29, 1997). In addition, we

note that Brown’s claim that her counsel provided her with ineffective assistance on appeal is belied by the record. See Jones v.

Barnes, 463 U.S. 745 (1983). 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
#### Margaret Surgeary, as Administratrix of the Estate of Alexandria Surgeary, Deceased, Respondent, v Donna M. Light, Appellant.

In an action to recover damages for wrongful death, the defendant appeals, as limited by her brief, from (1) so much of an order of the Supreme Court, Nassau County (Murphy, J.), dated July 18, 1989, as denied her cross motion to change the venue of the action from Nassau County to Ulster County, and (2) so much of an order of the same court dated January 5, 1990, as, upon reargument, and upon granting her cross motion for a change of venue to Ulster County (a) granted the plaintiff leave "to bifurcate (pursuant to 22 NYCRR 202.42), the liability and damages phases of the trial and fix the venue for the liability portion of the trial to be held in Ulster County and the damages portion, if necessary, *465to be tried in Nassau County”, and (b) provided that the Supreme Court, Nassau County would retain "supervisory control over the completion of discovery.”

Ordered that the appeal from the order dated July 18, 1989, is dismissed, without costs or disbursements, as that order was superseded by the order dated January 5, 1990, made upon reargument; and it is further,

Ordered that the order dated January 5, 1990, is reversed insofar as appealed from; and it is further,

Ordered that the appellant is awarded one bill of costs.

Once venue of the action was transferred to Ulster County, it was an improvident exercise of discretion for the Supreme Court, Nassau County, to grant the plaintiff leave to bifurcate the trial so as to have the liability portion tried in Ulster County and the damages portion tried in Nassau County *(see,*22 NYCRR 202.42). Accordingly, we reverse so much of the order as granted the plaintiff leave to seek bifurcation and provided that the Supreme Court, Nassau County, should retain jurisdiction over this action. Bracken, J. P., Kooper, Lawrence, Balletta and O’Brien, JJ., concur.
[Federal Register Volume 77, Number 41 (Thursday, March 1, 2012)]
[Proposed Rules]
[Page 12514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4905]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-157714-06]
RIN 1545-BG43


Determination of Governmental Plan Status; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of public hearing on an advance notice of proposed 
rulemaking; correction.

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

SUMMARY: This document corrects a notice of public hearing on an 
advance proposed rulemaking (REG-157714-06) that was published in the 
Federal Register on Friday, February 3, 2012 (77 FR 5442) relating to 
the determination of governmental plans.

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Pamela Kinard at (202) 622-6060, and regarding the submission of public 
comments and the public hearing, Ms. Oluwafunmilayo (Funmi) Taylor, at 
(202) 622-7180 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

    The notice of public hearing on an advance notice proposed 
rulemaking (REG-133233-08) that is the subject of this correction is 
under section 414(d) of the Internal Revenue Code.

Need for Correction

    As published, REG-157714-06, contains errors that may prove to be 
misleading and are in need of clarification.

Correction of Publication

    Accordingly, the publication of the notice of public hearing on an 
advance proposed rulemaking (REG-157714-06) which was the subject of 
FR. Doc. 2012-2499, is corrected as follows:

0
1. On page 5442, column 2, in the preamble, under the caption DATES:, 
line four, the language ``Building. The IRS must receive outlines'' is 
corrected to read ``Building. Written or electronic comments must be 
received by June 18, 2012. The IRS must receive outlines''
0
2. On page 5442, column 2, in the preamble, under the caption 
ADDRESSES:, second paragraph, first line, the language ``Mail outlines 
to CC:PA:LPD:PR (REG-'' is corrected to read '' Mail submissions and 
outlines to CC:PA:LPD:PR (REG-``.

LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
[FR Doc. 2012-4905 Filed 2-29-12; 8:45 am]
BILLING CODE 4830-01-P
II 

111TH CONGRESS 

1ST SESSION S. 1992 

To suspend temporarily the duty on certain inflatable air mattresses. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2009 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain inflatable air 

mattresses. 

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

3 SECTION 1. CERTAIN INFLATABLE AIR MATTRESSES. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Portable inflatable air mattresses of vinyl, king size, the 

foregoing with electric pump 

and not designed for use with 

a headboard or bed frame 

(provided for in subheading 

3926.90.75) ........................... Free No change No change On or before 

12/31/2011 ’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 1992 IS

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

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
II 

111TH CONGRESS 

1ST SESSION S. 1841 

To suspend temporarily the duty on Terbacil. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 22, 2009 

Ms. CANTWELL introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on Terbacil. 

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

3 SECTION 1. TERBACIL. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 3-tert-butyl-5-chloro-6- 

methyluracil (Terbacil) (CAS 

No. 5902–51–2) (provided 

for in subheading 

2933.59.10) ........................... Free No change No change On or before 

12/31/2011 ’’. 

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

9 subsection (a) applies to articles entered, or withdrawn 


wwoods2 on DSK1DXX6B1PROD with BILLS
2 

•S 1841 IS

1 from warehouse for consumption, on or after the 15th day 

2 after the date of the enactment of this Act. 

Æ 


wwoods2 on DSK1DXX6B1PROD with BILLS
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1916 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1916

   To suspend temporarily the duty on certain women's textile upper 
                               footwear.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 26, 2009

  Mr. Roberts introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To suspend temporarily the duty on certain women's textile upper 
                               footwear.

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

SECTION 1. CERTAIN WOMEN'S TEXTILE UPPER FOOTWEAR.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Other footwear      Free         No change        No change        On or before 12/ ''.
                          with uppers of                                                     31/2011.......
                          textile materials
                          (other than of
                          vegetable
                          fibers), other
                          than house
                          slippers, the
                          foregoing for
                          women (provided
                          for in subheading
                          6405.20.90)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
Exhibit 10.5

AMENDMENT NO. 10 TO SERVICE AGREEMENT

THIS AMENDMENT NO. 10 TO SERVICE AGREEMENT("Amendment") is made as of January 1, 2008 by and between THE
HEARST CORPORATION, a Delaware corporation ("Hearst"), and HEARST-ARGYLE TELEVISION, INC., a Delaware corporation (the "Company").

W I T N E S S E T H

WHEREAS, Hearst and the Company entered into a Service Agreement dated as of August 29, 1997 and amended by Amendments Nos. 1 through 9 (the
"Service Agreement"), pursuant to which Hearst provides certain services to the Company; and

WHEREAS,
Hearst and the Company mutually desire to amend the Service Agreement as set forth hereinafter;

NOW,
THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree to amend the Service Agreement as follows:



IN
WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

|THE HEARST CORPORATION                                        |  | HEARST-ARGYLE TELEVISION, INC.                                                               
|------------------------------------------------------------- |  | ---------------------------------------------------------------------------------------------
|By:                                                           |  | /s/RONALD J. DOERFLER                                                                        
|Name:  Ronald J. Doerfler
Title:Sr. VP and CFODated: 12/31/07 |  | Name:  Jonathan C. Mintzer
Title:Vice President, General Counsel and SecretaryDated: 12/31/07

---



QuickLinks
Summary of 2006 Bonus Award Schedule



 EXHIBIT 10.1 
 SUMMARY OF 2006 BONUS AWARD SCHEDULE 
 The following summarizes the amounts awarded to the executive
officers of Pinnacle Entertainment, Inc. (the “Company”) other than Daniel R. Lee, the Company’s Chairman of the Board and Chief Executive Officer, for 2006 as cash bonuses and bonuses under the Company’s deferred bonus plan (the
“Deferred Bonus Plan”): 
  

							
	 Name and Title
	  	2006
Cash Bonus	  	2006
Deferred Bonus
	 Wade W. Hundley
 President
	  	$	360,000	  	$	120,000
	 Stephen H. Capp
 Executive Vice President and Chief Financial Officer
	  	$	337,500	  	$	112,500
	 Alain Uboldi
 Chief Operating Officer
	  	$	255,000	  	$	85,000
	 John A. Godfrey
 Executive Vice President, Secretary and General Counsel
	  	$	243,750	  	$	81,250

 Each person’s deferred bonus will be deferred and paid over three years, one-third on each
anniversary of such year’s bonus payment date.
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JAN 19, 2011

JOHN LEY

 CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 10-10780

________________________

D. C. Docket No. 1:09-cv-23171-AJ

BKCY No. 07-20537-BKC-AJC

In Re: DB ISLAMORADA, LLC,

Debtor-in-Possession.

___________________________

DAVID FINNEGAN, 

WILLIAM P. KELLY, JR.,

Plaintiffs-Appellants,

versus

DB ISLAMORADA, LLC, 

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Florida

_________________________

(January 19, 2011)

Before BARKETT, MARCUS and FAY, Circuit Judges.

PER CURIAM:
This appeal involves a challenge to sanctions imposed by the BankruptcyCourt

on David Finnegan (client) and William P. Kelly, Jr. (lawyer). We have studied the

record and the briefs and have had the benefit of oral argument. The record simply

fails to support the sanctions imposed on David Finnegan. On the other hand, there

is ample evidence supporting the sanctions imposed upon William P. Kelly, Jr.

The sanctions imposed upon David Finnegan are vacated; the sanctions

imposed upon William P. Kelly, Jr. are affirmed.

VACATED in part; AFFIRMED in part.

2
Exhibit 31.1
Certification of Chief Executive Officer Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
I, Robert S. Cubbin, Chief Executive Officer, certify that:
 1. I have reviewed this annual report on Form 10-K ofMeadowbrook Insurance Group, Inc.;  2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respectto the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presentedin this report;  4. The registrant’s other certifying officer(s) and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 a) designed such disclosure controls andprocedures, or caused such disclosure controls and proceduresto be designed under our supervision, to ensure thatmaterial information relating to the registrant, includingits consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period inwhich this report is being prepared;  b) evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  c) disclosed in this report any change in theregistrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internalcontrol over financial reporting; and
 5. The registrant’s other certifying officer(s) and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent functions):
 a) all significant deficiencies and materialweaknesses in the design or operation of internal controlover financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process,summarize and report financial information; and  b) any fraud, whether or not material, thatinvolves management or other employees who have a significantrole in the registrant’s internal control over financialreporting.     Date:  March 12, 2004 /s/  Robert S. Cubbin     Robert S. Cubbin
**Exhibit 32.1**

 

**CERTIFICATIONPURSUANT TO**

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

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

The undersignedhereby certify that pursuant to the provisions of 18 U.S.C. 1350(a), the AnnualReport on Form 10-K/A for the year ended December 31, 2008 (the “Form 10-K/A”)of Hearst-Argyle Television, Inc., a Delaware corporation (the “Company”),fully complies with the requirements of Section 13(a) of theSecurities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and that informationcontained in the Form 10-K/A fairly presents, in all material respects,the financial condition and results of operations of the Company at and for theperiods indicated.

 

Dated:  April 30, 2009

 
|   | By:    | /S/ DAVID J. BARRETT                                  |
|--------|--------|-------------------------------------------------------|
|   | Name:  | David J. Barrett                                      |
|   | Title: | President and Chief  Executive Officer                |
|   |   |                                                  |
|   |   |                                                  |
|   | By:    | /S/ HARRY T. HAWKS                                    |
|   | Name:  | Harry T. Hawks                                        |
|   | Title: | Executive Vice  President and Chief Financial Officer |

 

----
Exhibit
32.1
 **SECTION
906 CERTIFICATION**
 
 I, Clark
A. Marcus, Chief Executive Officer of The Amacore Group, Inc., certify, pursuant
to 18 U.S.C. ss. 1350 as adopted by sec. 906 of the Sarbanes-Oxley Act of 2002,
that:
 
 (1)
    the
      Annual Report on Form 10-KSB for the year ending December 31, 2004 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 Annual Report fairly presents, in all
      material respects, the financial condition and result of operations of The
      Amacore Group, Inc.
 
 Dated:
April 26, 2005
 /s/
      Clark A. Marcus
      Clark
      A. Marcus
      Chief
      Executive Officer
#### The People of the State of New York, Respondent, v Thomas Hoehne, Appellant.

Appeal from a judgment of the County Court of Sullivan County (Hanofee, J.), rendered April 5, 1990, convicting defendant upon his plea of guilty of the crime of grand larceny in the fourth degree.

We reject defendant’s contention that the sentence he received upon his plea of guilty to the crime of grand larceny in the fourth degree was harsh and excessive. Although the sentence was the harshest which could be imposed, it was in accordance with the plea-bargain agreement *(see, People v Mackey,*136 AD2d 780, *lv denied*71 NY2d 899). Furthermore, another more serious charge was dropped as a result of the plea agreement. Under these circumstances and given defendant’s criminal background, we cannot say that County Court abused its discretion in sentencing defendant as a second felony offender to a prison term of 2 to 4 years *(see, People v Dean,*155 AD2d 774, *lv denied*75 NY2d 812). We have considered defendant’s remaining contentions and find them lacking in merit.

Judgment affirmed. Mahoney, P. J., Casey, Weiss, Yesawich, Jr., and Harvey, JJ., concur.
|Exhibit 32.1
|------------



|SECTION 906 CERTIFICATION
|-------------------------



|Each of the undersigned officers of Hearst-Argyle Television,
      Inc., a Delaware corporation (the Company), hereby certifies
      that (i) the Companys Annual Report on Form 10-K for the year ended
      December 31, 2003 fully complies with the requirements of Section 13(a)
      of the Securities Exchange Act of 1934 and (ii) the information contained
      in the Companys Annual Report on Form 10-K for the year ended December
      31, 2003 fairly presents, in all material respects, the financial condition
      and results of operations of the Company, at and for the periods indicated.
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|       | /s/ DAVID J. BARRETT                 
|------ | -------------------------------------
|      
|Name:  | David J. Barrett                     
|Title: | President and Chief Executive Officer

|       | /s/ HARRY
      T. HAWKS                                  
|------ | ----------------------------------------------------------
|      
|Name:  | Harry T. Hawk                                             
|Title: | Executive Vice President
      and Chief Financial Officer



|Date: March 12, 2004
|--------------------