alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-10193 Conference Calendar

BILLY R. CONNOR, Plaintiff-Appellant,

versus CHARLES MARMOLEJO, CHARLES REED, J. KELLER, DALE BROWN, Warden, FCI, Big Spring, TX; SANDRA KAZ, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas

USDC No. 1:95-CV-135

- - - - - - - - - - October 24, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM: * Billy R. Connor appeals the summary-judgment dismissal of his complaint pursuant to 42 U.S.C. § 1983. Connor’s § 1983 complaint is construed as an action brought pursuant to Bivens v. Six Unknown Named Agents , 403 U.S. 388 (1971), because it alleges a civil rights violation by federal defendants. See Stephenson
v. Reno , 28 F.3d 26, 26 n.1 (5th Cir. 1994). Connor contends that the district court erred by granting summary judgmentNo. 96-10193 - 2 - because he raised genuine issues of material fact. We have reviewed the record and Connor’s brief and AFFIRM the district court’s grant of summary judgment for essentially the same reasons set forth by the district court. Connor v. Marmolejo et al. , No. 1:95-CV-135 (N.D. Tx. Jan. 29, 1996).
AFFIRMED.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
CONSOLIDATED  FINANCIAL STATEMENTS OF ICG COMMUNICATIONS,  INC. AND SUBSIDIARIES
FOR THE THREE  MONTHS  ENDED MARCH 31, 2000 AND IS  QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                    1,000

<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                DEC-31-2000
<PERIOD-START>                   JAN-01-2000
<PERIOD-END>                     MAR-31-2000
<CASH>                           40,699
<SECURITIES>                     31,115
<RECEIVABLES>                    156,511
<ALLOWANCES>                     57,160
<INVENTORY>                      2,199
<CURRENT-ASSETS>                 238,995
<PP&E>                           2,017,958
<DEPRECIATION>                   336,090
<TOTAL-ASSETS>                   2,075,337
<CURRENT-LIABILITIES>            363,032
<BONDS>                          2,052,761
<PREFERRED-MANDATORY>            533,727
<PREFERRED>                      0
<COMMON>                         486
<OTHER-SE>                      (950,511)
<TOTAL-LIABILITY-AND-EQUITY>     2,075,337
<SALES>                          0
<TOTAL-REVENUES>                 157,224
<CGS>                            0
<TOTAL-COSTS>                    82,902
<OTHER-EXPENSES>                 120,120
<LOSS-PROVISION>                 3,830
<INTEREST-EXPENSE>               62,634
<INCOME-PRETAX>                 (104,997)
<INCOME-TAX>                     0
<INCOME-CONTINUING>             (121,634)
<DISCONTINUED>                   0
<EXTRAORDINARY>                  0
<CHANGES>                        0
<NET-INCOME>                    (121,634)
<EPS-BASIC>                     (2.52)
<EPS-DILUTED>                    0




</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated balance sheet and consolidated statements of operations of
Alternative Living Services, Inc., filed with the Company's Form 10-Q for the
period ended September 30, 1998 and is qualified in its entirety by reference to
such financial statements and related footnotes.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          65,957
<SECURITIES>                                         0
<RECEIVABLES>                                    3,885
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                97,978
<PP&E>                                         598,555
<DEPRECIATION>                                (16,944)
<TOTAL-ASSETS>                                 736,938
<CURRENT-LIABILITIES>                           57,547
<BONDS>                                        480,150
<PREFERRED-MANDATORY>                          177,287
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     (7,244)
<TOTAL-LIABILITY-AND-EQUITY>                   736,938
<SALES>                                        167,969
<TOTAL-REVENUES>                               167,969
<CGS>                                                0
<TOTAL-COSTS>                                  164,487
<OTHER-EXPENSES>                                    85
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               5,285
<INCOME-PRETAX>                                 13,730
<INCOME-TAX>                                     (549)
<INCOME-CONTINUING>                             14,279
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,279
<EPS-PRIMARY>                                      .65
<EPS-DILUTED>                                      .64
        

</TABLE>
<PAGE>

                                                                   EXHIBIT 10.32



                                 PROMISSORY NOTE
                                 ---------------

 $21,794.96                                                         May 10, 1996


     For value received, MCS Capital, Inc. ("Maker") promises to pay to the
order of Coimach Laundry Corporation, a Delaware corporation (the "Company"), at
its offices in Roslyn, New York, or such other place as designated in writing by
the holder hereof, the aggregate principal sum of $21,794.96. Maker will pay the
aggregate principal sum in eight equal payments of $2,724.37 on each of the
first eight anniversary dates of the date hereof and, on each such date, Maker
will pay interest accrued through such date at the rate specified below.

     Interest will accrue on the outstanding principal amount of this Note at a
rate equal to the lesser of (i) 8% per annum or (ii) the highest rate permitted
by applicable law, and shall be payable at such time as the principal of this
Note becomes due and payable.

     The amounts due under this Note are secured by a pledge of 1,415 shares of
the Company's Class B Common Stock, par value $.01 per share ("Common Stock")
issued to the Maker on the date hereof. Such shares of Common Stock shall remain
in the possession of the Company until this Promissory Note is paid in full.

     In the event Maker fails to pay any amounts due hereunder when due, Maker
shall pay to the holder hereof, in addition to such amounts due, all costs of
collection, including reasonable attorneys fees.

     Maker, or his successors and assigns, hereby waives diligence, presentment,
protest and demand and notice of protest, demand, dishonor and nonpayment of
this Note, and expressly agrees that this Note, or any payment hereunder, may be
extended from time to time and that the holder hereof may accept security for
this Note or release security for this Note, all without in any way affecting
the liability of Maker hereunder.

     This Note shall be governed by the internal laws, not the laws of
conflicts, of the State of New York.

                                            MCS CAPITAL, INC.

                                              /s/ Stephen R. Kerrigan
                                            ------------------------------
                                            Stephen R. Kerrigan
                                            President
Opinion issued May 18 , 2021

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 21
- 00241
- CV

——————————— IN RE BRIAN DUANE NOEL , Relat or

Original Proceeding on Petition for Writ of Mandamus

MEMORANDU M OPINION Relator, Brian Duane Noel, has filed a petition for writ of mandamus requesting that we compel the district court to hold a hearing and rule on post

- trial motions purportedly filed by relator. 1 We deny the petition.

1 The underlying case is Brian Duane Noel v. OakBend Medical Center, et al., cause number 19

- DCV

- 265821 in the 458th District Court of Fort Bend County, Texas, the Honorable Robert Rolnick presiding.2 PER CURIAM
Panel consists of Justices G oodman, Hightower, and Rivas

- Molloy.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-8239

ALBERT D. PAGE, Plaintiff – Appellant,

v. CECILIA REYNOLDS, Warden; JAMES JEFFERSON, Lieutenant Supervisor; NANCY PRICE, Officer; JON OZMINT, Director, South Carolina Department of Corrections in their official and individual capacities; LAMANDY PERRY, Officer; ALLISON MCCASKILL, Nurse; DOCTOR MCKENNEY; DOCTOR DUFFY, a/k/a Doctor McDuffy, orthopedic specialist; DEFENDANTS, Defendants – Appellees.

Appeal from the United States District Court for the District of South Carolina, at Beaufort. Henry F. Floyd, District Judge. (9:07-cv-03060-HFF)

Submitted: April 22, 2009 Decided: May 8, 2009

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Albert D. Page, Appellant Pro Se. William Henry Davidson, II, Joel Steve Hughes, DAVIDSON & LINDEMANN, PA, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.PER CURIAM: Albert D. Page appeals the district court’s order dismissing with prejudice Page’s 42 U.S.C. § 1983 (2000) complaint alleging deliberate indifference to his serious

medical needs and excessive force. His claims were referred to a magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) (2006). The magistrate judge found Page’s claims to be without merit, and recommended the district court deny relief. Page filed objections to the magistrate judge’s findings with regard to Page’s excessive force claim, but failed to object to the magistrate judge’s deliberate indifference findings. The district court overruled Page’s objections and dismissed with prejudice Page’s claims. The timely filing of objections to a magistrate judge’s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned that failure to object will waive appellate review.

See Wright v. Collins , 766 F.2d 841, 845-46 (4th Cir. 1985). Accordingly, we find that Page has waived appellate review of

the claim of deliberate indifference to his serious medical needs. We affirm the judgment of the district court as to this

claim. Concerning the remainder of Page’s appeal, we have reviewed the record, and find no reversible error. Accordingly,

23 we affirm for the reasons stated by the district court. See Page v. Reynolds , No. 9:07-cv-03060-HFF (D.S.C. Sept. 29, 2008). We deny Page’s motions to depose a witness and for summary disposition. 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.

AFFIRMED
<PAGE>


                                                                    Exhibit 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Prospectuses
(including in the Prospectuses on Form S-3 included therein) constituting part
of the Registration Statements on Form S-8 (Nos. 33-20037, 33-68128, 333-75445
and 333-56448) and on Form S-3 (No. 333-59688) of Moore Medical Corp. and its
subsidiary of our report dated February 18, 2002, except for Note 11 as to which
the date is March 20, 2003, appearing on page 15 of this Form 10-K/A Amendment
Number 1 to the Annual Report on Form 10-K for the year ended December 29, 2001.
We also consent to the reference to us under the heading "Experts" in such
Prospectuses.

/s/ PricewaterhouseCoopers LLP
------------------------------
PricewaterhouseCoopers LLP

Hartford, Connecticut
March 28, 2003
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

 

Washington, D.C.  20549

 

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

 

FORM 8-K

 

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

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported):  August 4, 2009

 

**FIRST MERCHANTS CORPORATION**

 

(Exact name of registrant as specified in its charter)

 

INDIANA

 

(State or other jurisdiction of incorporation)

 

| 0-17071 | 35-1544218 |
|---------|------------|

|   | (Commission File Number) | (IRS Employer Identification No.) |
|--------|--------------------------|-----------------------------------|

 

200 East Jackson Street

P.O. Box 792

| Muncie, Indiana | 47305-2814 |
|-----------------|------------|

|   | (Address of principal executive offices) | (Zip Code) |
|--------|------------------------------------------|------------|

 

Registrant’s telephone number, including area code:  (765) 747-1500

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: 

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) 

 

 

----
#### SHELBOURNE v. STATE.

No. 18551.

Court of Criminal Appeals of Texas.

Nov. 12, 1936.

E. T. Miller, of Amarillo, and H. M. Hood, of Borger, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

HAWKINS, Judge.

Conviction is for receiving and concealing stolen property over the value of $50, the punishment being assessed at two years in the penitentiary.

We find in the transcript nd notice of appeal to this court. Notice of appeal given in open court, and entered of record, is essential to the jurisdiction of this court, and unless such notice appears on the record, the appeal will be dismissed. See article 827, Vernon’s Ann.C.C.P. of Texas, vol. 3, and cases noted thereunder. Pullen v. State, 125 Tex.Cr.R. 292, 68 S.W.(2d) 181.

We have no option but to dismiss the appeal, and it is so ordered.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2671 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2671

    To amend title 38, United States Code, to clarify the amount of 
scholarships and duration of obligated service under the Department of 
       Veterans Affairs Health Professional Scholarship Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              June 4, 2015

 Mr. Moulton introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend title 38, United States Code, to clarify the amount of 
scholarships and duration of obligated service under the Department of 
       Veterans Affairs Health Professional Scholarship Program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Recruit Act''.

SEC. 2. AMOUNT OF SCHOLARSHIP AND DURATION OF OBLIGATED SERVICE UNDER 
              DEPARTMENT OF VETERANS AFFAIRS HEALTH PROFESSIONAL 
              SCHOLARSHIP PROGRAM.

    (a) Clarification of Scholarship Amount.--Section 7613 of title 38, 
United States Code, is amended by inserting ``of up to the entire 
amount'' after ``consist of payment''.
    (b) Duration of Obligated Service.--Section 7612(c)(1)(B) of such 
title is amended by adding at the end the following new sentence: ``The 
period of obligated service may exceed one calendar year for each such 
school year or part thereof if the Secretary determines that such 
period is appropriate based on the amount and duration of the 
scholarship.''.
    (c) Application.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to individuals who first enroll in the 
        Department of Veterans Affairs Health Professional Scholarship 
        Program under subchapter II of chapter 76 of title 38, United 
        States Code, on or after the date of the enactment of this Act.
            (2) Special rule for current participants.--An individual 
        who is enrolled in such program as of the day before the date 
        of the enactment of this Act may elect to be covered by the 
        amendments made by this section with respect to a quarter, 
        semester, or term, as applicable, commencing on or after the 
        date of the enactment of this Act.
                                 <all>
```
EXHIBIT 10.1

 

Your plan is an important legal document.  This sample plan has been prepared based on our understanding of the desired provisions.  It may not fit your situation.  You should consult with your lawyer on the plan's legal and tax implications.  Neither Principal Life Insurance Company nor its agents can be responsible for the legal or tax aspects of the plan nor its appropriateness for your situation.  If you wish to change the provisions of this sample plan, you may ask us to prepare new sample wording for you and your lawyer to review.

 

OSHKOSH B'GOSH, INC.

401(k) PLAN

 

Defined Contribution Plan 8.0

Restated January 1, 2003

TABLE OF CONTENTS

INTRODUCTION

ARTICLE I		FORMAT AND DEFINITIONS

	Section  1.01	-----	Format
II 

115TH CONGRESS 

2D SESSION S. 2674 

To amend the Internal Revenue Code of 1986 to eliminate the taxable 

income limit on percentage depletion for oil and natural gas produced 

from marginal properties. 

IN THE SENATE OF THE UNITED STATES 

APRIL 16, 2018 

Mr. INHOFE introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to eliminate 

the taxable income limit on percentage depletion for oil 

and natural gas produced from marginal properties. 

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

3 SECTION 1. ELIMINATION OF TAXABLE INCOME LIMIT ON 

4 PERCENTAGE DEPLETION FOR OIL AND NAT5 URAL GAS PRODUCED FROM MARGINAL 

6 PROPERTIES. 

7 (a) IN GENERAL.—Section 613A(c)(6) of the Inter8 nal Revenue Code of 1986 is amended by adding at the 

9 end the following new subparagraph: 


SSpencer on DSKBBXCHB2PROD with BILLS
2 

•S 2674 IS

1 ‘‘(H) NONAPPLICATION OF TAXABLE IN2 COME LIMIT WITH RESPECT TO MARGINAL PRO3 DUCTION.—The second sentence of subsection 

4 (a) of section 613 shall not apply to so much 

5 of the allowance for depletion as is determined 

6 under subparagraph (A).’’. 

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

8 this section shall apply to taxable years beginning after 

9 December 31, 2018. 

Æ 


SSpencer on DSKBBXCHB2PROD with BILLS
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 C. 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 Express, Priority Mail & USPS Ground Advantage® Contract 309 to Competitive Product List.*                     Documents                           ( print page 76885)                        are available at                     *www.prc.gov,*                     Docket Nos. MC2024-639, CP2024-648.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-21319 Filed 9-18-24; 8:45 am]

BILLING CODE 7710-12-P
<PAGE>   1
                                                                   EXHIBIT 21(b)

                    SUBSIDIARIES OF CONSUMERS ENERGY COMPANY
                              At December 31, 2000

[Numbers on left are Dun & Bradstreet hierarchy (tier level) indicators.]
<TABLE>
<CAPTION>
Subsidiary Name                                                   Jurisdiction
                                                                  Formation
<S>      <C>                                                      <C>
01       CMS Engineering Co.                                      Michigan
01       CMS Midland Holdings Company                             Michigan
01       CMS Midland, Inc.                                        Michigan
01       Consumers EnergyGuard Services, Inc.                     Michigan
01       Consumers Funding LLC                                    Delaware
01       ES Services Company                                      Michigan
01       MEC Development Corp.                                    Michigan
01       Michigan Electric Transmission Company                   Michigan
01       Michigan Gas Storage Company                             Michigan
</TABLE>


Additional subsidiaries, unnamed above, when considered in the aggregate as a
single subsidiary would not be considered a significant subsidiary.