alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[ DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 18

- 12959

________________________ OSHRC Docket No. 17

- 1595

RANDALL MECHANICAL, INC. , Petitioner ,

versus SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR , Respon dent

.

________________________ Petition for Review of a Decision of th e Occupational Safety and Health Review Commission

________________________ ( March 18, 2020 ) Case: 18-12959 Date Filed: 03/18/2020 Page: 1 of 22 Before JORDAN , TJOFLAT , and TRAXLER , ∗ Circuit Judges

. PER CURIAM : Following oral argument, and a review of the record, we vacate the ALJ’s order granting the Secretary’s motion for reconsideration and dismissing Randall Mechanical’s notice of contest. As we have explained, the “[Occupational Safety and Health Review] Commission and its ALJs are bound to follow the law of the circuit to which the case would most likely be appealed.” Comtran Grp. , Inc. v. U.S. Dep’t of Labor , 722 F.3d 1304, 1307 (11th Cir. 2013). The Commission has said the same thing. See Sec’y of Labor v. Interstate Brands Corp. , 20 O.S.H. Cas. (BNA)
1 102, *3 n.7, 2003 WL 1961274 (2003) (applying Third Circuit law with respect to the Secretary’s burden of proof regarding a certain violation). We therefore remand
to the A LJ with instructions to apply Supreme Court and Eleventh Circuit precedent
with res pect to Randall Mechanical’s Rule 60(b)(1) motion. We express no view on
the merits of that motion.
VACATED AND REMANDED.

∗ The Honorable William B. Traxler , Circuit Judge for the United States Court of Appeals for the Fourth Circuit , sitting by designation.

Case: 18-12959 Date Filed: 03/18/2020 Page: 2 of 2
**OSMONICS, INC. AND SUBSIDIARIES**

**VALUATION AND QUALIFYINGACCOUNTS**

**(In thousands)**

**Years Ended December 31, 2000,1999 and 1998**

 
| Column  A                                                | Column  B                       | Column  C                     | Column  D                  | Column  E  |
|----------------------------------------------------------|---------------------------------|-------------------------------|----------------------------|------------|
|                                                     |                            | Additions                     |                       |       |
| Description                                              | Balance  at Beginning of Period | Charged  to Cost and Expensed | Charged  to Other Accounts | Deductions | Balance  at End of Period |
| **Year Ended December 31, 2000:**                        |                            |                          |                       |       |   |
|    Current  Operations:                   |                            |                          |                       |       |   |
|     Allowance  for Doubtful Accounts | $1,315                          | $746                          |                       | $1,053(A)  | $1,008 |
|     Warranty  and Start-up Reserve   | $1,936                          | $2,697                        |                       | $2,411(B)  | $2,222 |
| **Year Ended December 31, 1999:**                        |                            |                          |                       |       |   |
|     Current  Operations:             |                            |                          |                       |       |   |
|     Allowance  for Doubtful Accounts | $1,057                          | $762                          |                       | $504(A)    | $1,315 |
|     Warranty  and Start-up Reserve   | $2,098                          | $2,052                        |                       | $2,214(B)  | $1,936 |
| **Year Ended December 31, 1998:**                        |                            |                          |                       |       |   |
|     Current  Operations:             |                            |                          |                       |       |   |
|     Allowance  for Doubtful Accounts | $888                            | $502                          | $153(C)                    | $486(A)    | $1,057 |
|     Warranty  and Start-up Reserve   | $1,900                          | $2,046                        |                       | $1,848(B)  | $2,098 |
|                                                     |                            |                          |                       |       |   |
EXHIBIT 32.2

          CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Dennis L. Bergquist,  the Chief Financial  Officer of Molecular  Diagnostics,
Inc. (the "Company"), certify, pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:

(1) the Annual  Report on Form  10-KSB of the  Company for the fiscal year ended
December 31, 2004 (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 operations of the Company.

Date: April 14, 2005

                                    /s/ Dennis L. Bergquist
                                    --------------------------------------------
                                    Dennis L. Bergquist
                                    Chief Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SALVADOR MENDOZA-MEJIA, 

Petitioner, 

 v. 

ROBERT M. WILKINSON, Acting 

Attorney General, 

Respondent.

No. 19-70966 

Agency No. A091-077-435 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted January 20, 2021**

Before: McKEOWN, CALLAHAN, and BRESS, Circuit Judges.

Salvador Mendoza-Mejia, a native and citizen of Mexico, petitions for 

review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal 

from an immigration judge’s decisions denying his denying his application for 

withholding of removal and relief under the Convention Against Torture (“CAT”). 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JAN 27 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-70966 

We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the 

agency’s particularly serious crime determination. Arbid v. Holder, 700 F.3d 379, 

383 (9th Cir. 2012). Review is “limited to ensuring that the agency relied on the 

appropriate factors and proper evidence to reach [its] conclusion.” AvendanoHernandez v. Lynch, 800 F.3d 1072, 1077 (9th Cir. 2015) (internal quotation marks 

omitted). We review factual findings for substantial evidence. Garcia-Milian v. 

Holder, 755 F.3d 1026, 1031 (9th Cir. 2014). We review de novo due process 

claims. Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny 

the petition for review. 

The agency did not abuse its discretion in determining Mendoza-Mejia’s 

distribution of methamphetamine conviction is a particularly serious crime that 

renders him ineligible for withholding of removal, where drug trafficking crimes 

are presumed to be particularly serious, and the agency relied on the appropriate 

factors and proper evidence in concluding he failed to rebut that presumption. See 

8 U.S.C. §1231(b)(3)(B)(ii); 8 C.F.R. § 1208.16(d)(2); Miguel-Miguel v. Gonzales, 

500 F.3d 941, 949 (9th Cir. 2007) (recognizing the “strong presumption that drug 

trafficking offenses are particularly serious”).

Substantial evidence supports the BIA’s denial of CAT relief because 

Mendoza-Mejia failed to show it is more likely than not he would be tortured by or 

with the consent or acquiescence of the government if returned to Mexico. See
3 19-70966 

Aden v. Holder, 589 F.3d 1040, 1047 (9th Cir. 2009).

Mendoza-Mejia’s challenges to the BIA’s streamlining procedure fail. See 

Falcon Carriche v. Ashcroft, 350 F.3d 845, 850-52 (9th Cir. 2003) (BIA’s 

streamlined decision did not violate due process); see also Lata v. INS, 204 F.3d 

1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

PETITION FOR REVIEW DENIED.
<PAGE>

                                                                    EXHIBIT 24.1

                                POWER OF ATTORNEY

     Peter A. Darbee, the undersigned, Director of PG&E Gas Transmission,
Northwest Corporation, hereby constitutes and appoints Thomas B. King as his
attorney-in-fact with full power of substitution to sign and file with the
Securities and Exchange Commission in his capacity as Director of said
corporation the Form 10-K Annual Report for the year ended December 31, 2001,
required by Section 13 or 15(d) of the Securities Exchange Act of 1934, and any
and all amendments and other filings or documents related thereto, and hereby
ratifies all that said attorney-in-fact does or causes to be done by virtue
hereof.

     IN WITNESS WHEREOF, I have executed this document this 19th day of
February, 2002.

                                           /s/ PETER A. DARBEE
                                       ----------------------------
                                             Peter A. Darbee

<PAGE>

                                POWER OF ATTORNEY

     Bruce R. Worthington, the undersigned, Director of PG&E Gas Transmission,
Northwest Corporation, hereby constitutes and appoints Thomas B. King as his
attorney-in-fact with full power of substitution to sign and file with the
Securities and Exchange Commission in his capacity as Director of said
corporation the Form 10-K Annual Report for the year ended December 31, 2001,
required by Section 13 or 15(d) of the Securities Exchange Act of 1934, and any
and all amendments and other filings or documents related thereto, and hereby
ratifies all that said attorney-in-fact does or causes to be done by virtue
hereof.

     IN WITNESS WHEREOF, I have executed this document this 19th day of February
2002.

                                         /s/ BRUCE R. WORTHINGTON
                                       ----------------------------
                                            Bruce R. Worthington
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         September 19, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on September 9, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 339 to Competitive Product List*. Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-646, CP2024-655.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-21356 Filed 9-18-24; 8:45 am]

BILLING CODE 7710-12-P
### D ISTRICT 

### C OURT 

### O F 

### APPEAL 

### O F 

### F LORIDA 

### S ECOND 

### D ISTRICT MICHAEL PATRICK CARROLL,

Appellant, v. LINDSEY TRUEX CARROLL,

Appellee. No. 2D21-837 September 15, 2021 Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Hillsborough County; Wesley D. Tibbals, Judge Michelle M. Gervais of Blank Rome LLP, Tampa, for Appellant. Eric R. Maier, Michael L. Lundy, Martin G. Deptula, and J. Carlton Mitchell of Older Lundy Alvarez & Koch, Tampa, for Appellee. PER CURIAM. Affirmed. NORTHCUTT, KHOUZAM, and SLEET, JJ., Concur. Opinion subject to revision prior to official publication.
|                                                |
|------------------------------------------------|
|                                                |  |
| INDIANA                                        | 35-1544218 |
| (State or other jurisdiction of incorporation) | (IRS Employer Identification No.) |

----

|     |                                                                                                                                                                                                                                                                           |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2.1 | Agreement and Plan of Reorganization and Merger between First Merchants Corporation and Ameriana Bancorp dated as of June 26, 2015 (attached as Exhibit 2.1 to First Merchants Corporation’s Form 8-K filed on June 29, 2015 and incorporated herein by reference). |

----
Exhibit 32.2

CERTIFICATION PURSUANT TO  18 U.S.C. SECTION 1350,  AS ADOPTED PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Cephalon, Inc. (the "Company") on Form 10-K for the year ended December 31, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, J. Kevin Buchi, Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, based on my knowledge, that:

(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 result of operations of the Company.

|/s/ J. KEVIN BUCHIJ. Kevin Buchi
Executive Vice President and Chief Financial Officer |  | 
|------------------------------------------------------------------------------------- |  | 

March 13, 2006

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