alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable George F. Gunn, Jr., United States District

Judge for the Eastern District of Missouri.

___________

No. 95-1278

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Osar Amon Tate, *

* [UNPUBLISHED]

Appellant. *

___________

 Submitted: January 4, 1996

 Filed: January 10, 1996 ___________

Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Osar Amon Tate was charged with one count of possessing

cocaine base with intent to distribute, in violation of 21 U.S.C.

§ 841(a)(1) and (b)(1)(B)(iii), and one count of using or carrying

a firearm during and in relation to a drug trafficking crime, in

violation of 18 U.S.C. § 924(c)(1). After filing numerous

unsuccessful pretrial motions, including a motion to dismiss the

indictment, Tate pleaded guilty to both charges. The district

court1 sentenced him to 71 months imprisonment on the drug count,

to be followed by 60 months imprisonment on the firearm count, and

four years supervised release. 
-2-

On appeal, Tate's appointed counsel filed a brief pursuant to

Anders v. California, 386 U.S. 738 (1967), and was granted leave to

withdraw. Although Tate was granted leave to file a pro se

supplemental brief, he did not do so. We have reviewed the record

in accordance with Penson v. Ohio, 488 U.S. 75, 80 (1988), and find

no nonfrivolous issues for appeal. 

By pleading guilty, Tate waived all issues preceding his plea

except those relating to jurisdiction. See United States v.

McNeely, 20 F.3d 886, 888 (8th Cir.) (per curiam), cert. denied,

115 S. Ct. 171 (1994). We note that Tate's indictment clearly

specified the requisite elements of his drug and firearm offenses,

and thus it was not jurisdictionally defective. See O'Leary v.

United States, 856 F.2d 1142, 1143 (8th Cir. 1988) (per curiam) (to

establish jurisdictional defect, defendant must show that

indictment "on its face fails to state an offense"). As to

possible sentencing issues, only one of Tate's objections to the

presentence report actually affected the length of his sentence.

The district court sustained this objection, and then properly

calculated Tate's sentence under the applicable Sentencing

Guidelines.

Accordingly, the judgment is affirmed.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Notices]
[Page 89721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28677]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 1009 of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; Member Conflict SEP for mid-career awards/Clinical 
candidates.
    Date: February 12, 2024.
    Time: 9:30 a.m. to 12:25 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, 7201 
Wisconsin Avenue, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Maurizio Grimaldi, M.D., Ph.D., Scientific 
Review Officer, Scientific Review Branch, National Institute on 
Aging, 7201 Wisconsin Avenue, Gateway Bldg., Suite 2C218, Bethesda, 
MD 20892, 301-496-9374, <a href="/cdn-cgi/l/email-protection#7314011a1e121f171a1e41331e121a1f5d1d1a1b5d141c05"><span class="__cf_email__" data-cfemail="7710051e1a161b131e1a45371a161e1b59191e1f59101801">[email protected]</span></a>

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: December 22, 2023.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2023-28677 Filed 12-27-23; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 4.0

NB&T FINANCIAL GROUP, INC.

48 N. South Street

Wilmington, OH 45177

March 15, 2011

Securities and Exchange Commission

100 F Street, NE

Washington, D.C. 20549

Re: NB&T Financial Group, Inc.Form 10-K for the fiscal year ended December 31, 2010

Ladies and Gentlemen:

NB&T Financial
Group, Inc., an Ohio corporation (NBTF), is today filing an Annual Report on Form 10-K for the fiscal year ended December 31, 2010 (the Form 10-K), as executed on March 15, 2011.

Pursuant to the instructions relating to the Exhibits in Item 601(b)(4)(iii) of Regulation S-K, NBTF hereby agrees to furnish the Commission, upon
request, copies of instruments and agreements defining the rights of holders of its long-term debt and of the long-term debt of its consolidated subsidiaries, which are not being filed as exhibits to the Form 10-K. Such long-term debt does not
exceed 10% of the total assets of NBTF and its subsidiaries on a consolidated basis.



|                                 
|---------------------------------
|Very truly yours,                
|                                 
|/s/ JOHN J. LIMBERT              
|John J. Limbert
President and CEO



88
**Judgment of the General Court (Seventh Chamber) of 16 December 2009 – Giordano Enterprises v OHIM – Dias Magalhães & Filhos
(GIORDANO)**

**(Case T-483/08)**

Community trade mark – Opposition proceedings – Application for the Community word mark GIORDANO – Earlier national word mark GIORDANO – Relative ground for refusal – Likelihood of confusion – Partial refusal of registration – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 19, 33)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Second Board of Appeal of OHIM of 28 July 2008 (Case R 1864/2007-2) relating to opposition proceedings between José Dias Magalhães & Filhos lda. and Giordano Enterprises Ltd. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | Giordano Enterprises Ltd |
| Community trade mark sought: | Word mark GIORDANO for goods in Classes 18 and 25 |
| Proprietor of the mark or sign cited in the opposition proceedings: | José Dias Magalhães & Filhos lda. |
| Mark or sign cited in opposition: | Portuguese word mark GIORDANO for goods in Class 25 (No 22534) |
| Decision of the Opposition Division: | Opposition partially upheld |
| Decision of the Board of Appeal: | Decision of the Opposition Division annulled in so far as it upheld the opposition in relation to certain goods in Class 18; appeal dismissed as to the reminder. |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Dismisses the action; |

| | | |
| --- | --- | --- |
| 2. | | Orders Giordano Enterprises Ltd to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs). |
# C_2008142EN.01003101.xml

| 7.6.2008 | EN | Official Journal of the European Union | C 142/31 |
| --- | --- | --- | --- |

7.6.2008

EN

Official Journal of the European Union

C 142/31

---

Action brought on 2 April 2008 — ENRI Electronics v OHIM (MaxiBridge)

(Case T-132/08)

(2008/C 142/56)

Language in which the application was lodged: German

Parties

Applicant: ENRI Electronics GmbH (Adelberg, Germany) (represented by N. Breitenbach, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of OHIM of 30 January 2008 in Case R 1530/2006-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of OHIM of 30 January 2008 in Case R 1530/2006-4;

| — | Order OHIM to pay the costs, including the costs incurred in the course of the appeal. |
| --- | --- |

—

Order OHIM to pay the costs, including the costs incurred in the course of the appeal.

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘MaxiBridge’ for goods in Classes 9 and 17 (Application No 4 899 647).

Community trade mark concerned:

Decision of the Examiner: Application rejected

Decision of the Examiner:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(c) of Regulation (EC) No 40/94 (1) inasmuch as the mark in respect of which application is sought does not constitute an indication which needs to be kept freely available.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

1

---
#### State v. Chong

18255

5/29/97

Granted

— Hawai'i —, — P.2d —
# C_2009205EN.01003401.xml

| 29.8.2009 | EN | Official Journal of the European Union | C 205/34 |
| --- | --- | --- | --- |

29.8.2009

EN

Official Journal of the European Union

C 205/34

---

Judgment of the Court of First Instance of 8 July 2009 — Mars v OHIM — Ludwig Schokolade (Shape of a chocolate bar)

(Case T-28/08) (1)

1

(Community trade mark - Invalidity proceedings - Community three-dimensional mark - Shape of a chocolate bar - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) - Right to be heard - Articles 73 and 74 of Regulation No 40/94 (now Articles 75 and 76 of Regulation No 207/2009))

2009/C 205/61

Language of the case: English

Parties

Parties

Applicant: Mars, Inc. (McLean, Virginia, United States) (represented by: A. Bryson, Barrister, and G. Mills, Solicitor)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: M. Knitter and R. Jacobs, lawyers)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 October 2007 (Case R 1325/2006-2), relating to invalidity proceedings between Ludwig Schokolade GmbH & Co. KG and Mars, Inc.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mars, Inc. to pay the costs. |
| --- | --- |

2.

Orders Mars, Inc. to pay the costs.

---

(1)  OJ C 92, 12.4.2008.

1

---
#### Warren Fargo, as Superintendent of Schools of Watertown City School District, Respondent, v Watertown Education Association et al., Appellants.

— Order unanimously reversed on the law with costs and cross motion denied. Memorandum: Supreme Court erred in granting summary judgment to plaintiff before issue had been joined *(see,*CPLR 3212 [a]). The fact that defendants moved for an order of dismissal pursuant to CPLR 3211 (a) did not authorize Supreme Court to entertain plaintiff’s cross motion for summary judgment *(see, City of Rochester v Chiarella,*65 NY2d 92, 101-102). (Appeal from Order of Supreme Court, Jefferson County, Gilbert, J. — Permanent Injunction.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.
<PAGE>
                                                                    EXHIBIT 32.2

         CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT

August 27, 2003

U.S. Securities and Exchange Commission
450 Fifth Street, N.W.
Washington D.C. 20549

Ladies and Gentlemen:

The certification set forth below is being furnished to the Securities and
Exchange Commission solely for the purpose of complying with Section 1350 of
Chapter 63 of Title 18 of the United States Code. This certification is not to
be deemed to be filed pursuant to the Securities Exchange Act of 1934, does not
constitute a part of the Quarterly Report on Form 10-Q, as amended, (the
"Report") accompanying this letter and is not to be incorporated by reference
into any filing, whether made before or after the date hereof, regardless of
any general incorporation language in such filing.

I, J. William Holden III, the Chief Financial Officer of Mirant Americas
Generation, LLC (the "Company"), certify that to the best of my knowledge:

1.  the Report 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 results of operation of the Company.



/s/ J. William Holden III
-----------------------------------
Name: J. William Holden III,
Sr. Vice President, Chief Financial
Officer and Treasurer
(Principal Financial Officer)


A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.
* Pursuant to Local Rule 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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 96-10834

Summary Calendar

CATHEY McCALLA,

Plaintiff-Appellant,

VERSUS

WILLIAM PERRY, SECRETARY OF THE DEPARTMENT OF DEFENSE,

Defendant-Appellee.

Appeal from the United States District Court

For the Northern District of Texas

(3:95-CV-2585-T)

June 3, 1997

Before KING, JOLLY, and DENNIS, Circuit Judges.

PER CURIAM:*

Cathey McCalla (“McCalla”) appeals from the district court’s

grant of the government’s motion for summary judgment in her action

against her employer under Title VII, 42 U.S.C. § 2000e et seq.
The district court concluded that McCalla had failed to file suit

within ninety days of her attorney’s receipt of the final agency

action.

We have reviewed the record and the parties’ briefs and find

no reversible error. Accordingly, we AFFIRM the grant of summary

judgment for essentially the same reasons set forth by the district

court.
QuickLinks
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Exhibit 10.10    
    


FIRST REGIONAL BANCORP/ FIRST REGIONAL BANK

1990 DEFERRED COMPENSATION PLAN

PARTICIPATION FORM  


        As an employee or a director, or both, of First Regional Bancorp and/or First Regional Bank, and pursuant to the terms of the First Regional Bancorp/ First
Regional Bank Deferred Compensation Plan (the "Plan"), the undersigned hereby elects to defer the following percentages, or specified amounts, of each payment of the following types of Compensation: 



	



Salary (not more than 50%):	

 	




	

 	



% or $	

 	





	

Bonus Compensation (any amount):	
 	

	
 	

% or $	
 	


	

Directors' Fees (any amount):	
 	

	
 	

% or $	
 	








to
be paid to him/her by First Regional Bancorp and/or First Regional Bank for his/her services to be rendered during the Fiscal Year beginning January 1
                        . * 




	*
	[Jack
A. Sweeney, Chairman and Chief Executive Officer, has elected to defer $2,000 per month of his salary. H. Anthony Gartshore, President, has elected to defer $3,000 per
month of his salary. Lawrence J. Sherman, Vice Chairman of the Board, has elected to defer $2,000 per month of his board of director fees.] 




        Notwithstanding
the foregoing, this deferral election relates only to amounts which have not already been paid or become payable as of this date of this election. 


        The
Plan provides for lump sum distribution of the entire amount credited to the undersigned upon the death, disability, retirement or other termination of service of the undersigned, or
upon a change in the Employer's business through a merger, consolidation, or transfer of substantially all the assets of First Regional Bancorp and/or First Regional Bank. However, by checking the box
below, the undersigned elects to receive his or her distribution in 96 equal monthly installments of the entire amount credited to the undersigned as augmented by any interest or other earnings
thereon upon, but only upon the undersigned's retirement or other termination of service other than by death, disability or a change in the Employer's business. 


        The
undersigned further designates the following person(s) as beneficiary of his/her interest in the Plan in the event of his/her death before receiving distribution of his/her entire
interest in the Plan: 



	

Primary Beneficiary	
 	


	

1st Contingent Beneficiary	
 	


	

2nd Contingent Beneficiary	
 	







	

Dated	
 	

	
 	

,	
 	







	

o	
 	

o	
 	

I do/do not want the 96 monthly payment option.
	Yes	 	No	 	 





	



 	

 	




 Sign Name
	

 	
 	

 Participant (Print Name)













QuickLinks



Exhibit 10.10
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER



PURSUANT TO



18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Zvi Alon, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge, the Annual Report on Form 10-K of NetManage, the Periodic Report, for the
period ended December 31, 2006 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Periodic Report fairly presents, in all material respects, the
financial condition of the Company at the end of the period covered by the Periodic Report and results of operations of the Company for the period covered by the Periodic Report.



By:

/s/    ZVI ALONName:

Zvi AlonTitle:

Chief Executive Officer and Acting Chief Financial OfficerDated:

April 2, 2007
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4685 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 463
115th CONGRESS
  2d Session
                                H. R. 4685

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2018

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             June 14, 2018

               Reported by Mr. Johnson, without amendment

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 515 Hope Street in Bristol, Rhode Island, as the ``First Sergeant P. 
                   Andrew McKenna Jr. Post Office''.

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

SECTION 1. FIRST SERGEANT P. ANDREW MCKENNA JR. POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 515 Hope Street in Bristol, Rhode Island, shall be known and 
designated as the ``First Sergeant P. Andrew McKenna Jr. Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``First 
Sergeant P. Andrew McKenna Jr. Post Office''.
                                                       Calendar No. 463

115th CONGRESS

  2d Session

                               H. R. 4685

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 515 Hope Street in Bristol, Rhode Island, as the ``First Sergeant P. 
                   Andrew McKenna Jr. Post Office''.

_______________________________________________________________________

                             June 14, 2018

                     Reported by without amendment
```
A poverty rate is the ratio of the persons below the poverty level 

to the total number of persons for whom poverty status has been 

determined. The map uses natural breaks in the distribution to 

organize the data into groups of common values. 

Map Created: March 2011

Data Source: U.S. Census Bureau, 

American Community Survey, 2005–2009

Poverty Rates in Appalachia, 2005–2009

(County Rates)

0 50 100 

Miles 

GEORGIA 

ALABAMA 

MISSISSIPPI 

SOUTH 

CAROLINA 

NORTH CAROLINA 

VIRGINIA 

WEST 

VIRGINIA 

KENTUCKY 

OHIO ILLINOIS INDIANA 

WISCONSIN 

MICHIGAN 

DE 

NJ PENNSYLVANIA 

MARYLAND 

NEW YORK 

TENNESSEE

25.9% - 41.9%

19.0% - 25.8%

13.9% - 18.9%

5.4% - 13.8%

Poverty Rate 

(Natural Breaks Classification) 

U.S. average = 13.5%

Appalachian average = 15.4%
Exhibit 32.2

CERTIFICATE OF PRINCIPAL FINANCIAL OFFICER

Pursuant to Section 906(a) of the Sarbanes-Oxley
Act of 2002

Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18 United States Code

The undersigned, being the Principal Financial Officer of Enbridge Energy Partners, L.P. (the Partnership), hereby
certifies that the Partnerships Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2009 (the Quarterly Report), filed with the United States Securities and Exchange Commission pursuant to
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the
Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Partnership.

A signed
original of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by
Section 906, has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request.



|                    |  |  |  |     |  |                                                                  
|------------------- |  |  |  | --- |  | -----------------------------------------------------------------
|Date: July 27, 2009 |  |  |  | By: |  | /s/    MARK A. MAKI                                              
|                    |  |  |  |     |  | Mark A. Maki Vice PresidentFinance (Principal Financial Officer)