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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

HENRY T. SANDERS,

Plaintiff-Appellant,

v. No. 97-1996

STATE OF MARYLAND,

Defendant-Appellee.

Appeal from the United States District Court

for the District of Maryland, at Greenbelt.

Peter J. Messitte, District Judge.

(CA-97-1654-PJM)

Submitted: January 15, 1998

Decided: July 24, 1998

Before MURNAGHAN and LUTTIG, Circuit Judges, and

BUTZNER, Senior Circuit Judge.

_________________________________________________________________

Dismissed by unpublished per curiam opinion.

_________________________________________________________________

COUNSEL

Henry T. Sanders, Appellant Pro Se. Margaret Witherup Tindall,

OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.

_________________________________________________________________

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
OPINION

PER CURIAM:

Appellant filed an untimely notice of appeal. We dismiss for lack

of jurisdiction. The time periods for filing notices of appeal are governed by Fed. R. App. P. 4. These periods are "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434 U.S. 257,

264 (1978) (quoting United States v. Robinson , 361 U.S. 220, 229

(1960)). A defendant in a criminal action has ten days within which

to file in the district court a notice of appeal from a judgment or final

order. Fed. R. App. P. 4(b). The only exception to the appeal period

is when the district court extends the time to appeal upon showing of

excusable neglect. Id.

The district court entered its order on June 13, 1997, and denied

Appellant's motion for reconsideration on July 2, 1997; Appellant's

notice of appeal was filed on July 16, 1997, which is beyond the tenday appeal period. Appellant's failure to note a timely appeal or

obtain an extension of the appeal period leaves this court without

jurisdiction to consider the merits of Appellant's appeal. We therefore

deny leave to proceed in forma pauperis and dismiss the appeal. We

also deny all of Appellant's outstanding motions including his

motions for a stay, a preliminary injunction, an interim stay, a vacation, expedited treatment, a conference, summary reversal, sanctions,

attorney's fees, remand, "alternatives," "modifications," default, and

an evidentiary hearing. 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

 2
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS  EXHIBIT  CONTAINS  SUMMARY  FINANCIAL   INFORMATION   EXTRACTED  FROM  THE
REGISTRANT'S  UNAUDITED  CONSOLIDATED  FINANCIAL STATEMENTS FOR THE PERIOD ENDED
JULY 1, 1998 AND IS QUALIFIED  IN ITS  ENTIRETY BY  REFERENCE TO SUCH  FINANCIAL
STATEMENTS. THIS EXHIBIT SHALL NOT BE DEEMED FILED FOR PURPOSES OF SECTION 11 OF
THE  SECURITIES  ACT OF 1933 AND SECTION 18 OF THE  SECURITIES  EXCHANGE  ACT OF
1934, OR OTHERWISE  SUBJECT TO THE LIABILITY OF SUCH  SECTIONS,  NOR SHALL IT BE
DEEMED A PART OF ANY OTHER FILING WHICH  INCORPORATES  THIS REPORT BY REFERENCE,
UNLESS SUCH OTHER FILING EXPRESSLY INCORPORATES THIS EXHIBIT BY REFERENCE.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-30-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUL-01-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           2,021
<SECURITIES>                                         0
<RECEIVABLES>                                    2,222
<ALLOWANCES>                                         0
<INVENTORY>                                      2,992
<CURRENT-ASSETS>                                12,210
<PP&E>                                          62,515
<DEPRECIATION>                                   3,730
<TOTAL-ASSETS>                                 136,337
<CURRENT-LIABILITIES>                           52,598
<BONDS>                                         72,017
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,344
<OTHER-SE>                                         182
<TOTAL-LIABILITY-AND-EQUITY>                   136,337
<SALES>                                        134,946
<TOTAL-REVENUES>                               134,946
<CGS>                                           37,107
<TOTAL-COSTS>                                  123,947
<OTHER-EXPENSES>                                 6,048
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,548
<INCOME-PRETAX>                                 (1,597)
<INCOME-TAX>                                      (504)
<INCOME-CONTINUING>                             (1,093)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,371
<CHANGES>                                            0
<NET-INCOME>                                       278
<EPS-PRIMARY>                                      .02
<EPS-DILUTED>                                      .02
        

</TABLE>
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:*                         October 24, 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 October 16, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 487 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-98, K2025-96.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-24626 Filed 10-23-24; 8:45 am]

BILLING CODE 7710-12-P
<PAGE>
                                                                    EXHIBIT 11.1

                             SUMMIT DESIGN, INC.

                         STATEMENT OF COMPUTATION OF
                            NET INCOME PER SHARE 
                    (In thousands, except per share data)


                                                   Three Months Ended March 31,
                                                   ----------------------------
                                                     1997                1996
                                                   --------            --------
Weighted average number of 
   common shares outstanding                         13,902               2,150

Common stock equivalents arising 
   from stock options (1)                               927               1,025

Convertible preferred shares (2)                        -                 9,103
                                                   --------            --------
                                                     14,829              12,278

Net income (loss)                                  $  1,213            $   (206)
                                                   --------            --------
                                                   --------            --------

Net income (loss) per share                        $   0.08            $  (0.02)
                                                   --------            --------
                                                   --------            --------


(1)  Assumes exercise of all outstanding options and options issued within one
     year of the date of the initial public offering which options are
     considered exercised in all periods presented prior to the initial public
     offering.
(2)  Assumes conversion of all preferred shares outstanding as of the date of
     the filing of the initial public offering which shares are considered
     outstanding for all periods presented.
Exhibit 4.3

                          AMENDMENT OF RIGHTS AGREEMENT
                                       AND
                   CERTIFICATION OF COMPLIANCE WITH SECTION 26

          Pursuant to Section 26 of the Rights Agreement ("Agreement") dated as
of June 28, 2001 between Mpower Holding Corporation (the "Company") and
Continental Stock Transfer & Trust Company (the "Rights Agent"), the Company and
the Rights Agent hereby amend the Agreement as of August 28, 2001 as provided
below.

          1.    Paragraph 1(q) of the Agreement is hereby amended in full and
replaced in its entirety by the following:

          "'Exempt Person' shall mean any of West Highland Partners, L.P., West
     Highland Capital, Inc., Mr. Lang H. Gerhard, or Estero Partners, LLC (each
     an "Exempt Party"), provided that (i) during the period commencing on the
     date hereof and terminating at the close of business on December 15, 2001,
     the Exempt Parties collectively may acquire Beneficial Ownership of up to
     an additional 3,500,000 shares of Company Common Stock, (ii) in the event
     that after the close of business on December 15, 2001, an Exempt Party
     acquires Beneficial Ownership of any number of shares of Company Common
     Stock constituting more than 1% of the Company Common Stock then
     outstanding and such Exempt Party would otherwise be considered an
     Acquiring Person, such Exempt Party shall no longer be an Exempt Party and
     shall be an Acquiring Person and (iii) during the period between and
     inclusive of the dates set forth in clause (i), in the event that an Exempt
     Party acquires Beneficial Ownership of any number of shares of Company
     Common Stock in excess of the 3,500,000 shares referenced in clause (i),
     such Exempt Party shall no longer be an Exempt Party and shall be an
     Acquiring Person."

          The undersigned officer of the Company, being an appropriate officer
of the Company and authorized to do so by resolution of the board of directors
of the Company dated as of August 28, 2001, hereby certifies to the Rights Agent
that these amendments are in compliance with the terms of Section 26 of the
Agreement.

                                           MPOWER HOLDING CORPORATION

                                           By___________________________
                                             Name:
                                             Title:


Acknowledged and Agreed:
CONTINENTAL STOCK TRANSFER & TRUST COMPANY

By _____________________________
   Name:
   Title:
#### D. M. Douglass, Appellee, v. John Hannah *et al.,*Appellants.

Conveyance in. Fraud of Creditors: negotiable paper : notice. A conveyance of real estate by an insolvent debtor to one of Ms sons in consideration of his promissory note for the purchase price, which note is transferred by the father before maturity to another son, will, in the absence of evidence that the holder of the note paid value therefor, be deemed fraudulent and void as to existing creditors.

*Appeal from Mills District Court.*— Hon. George Carson, Judge.

Tuesday, October 28, 1890.

Actioít in chancery by creditors’ bill. There was a decree granting the relief prayed for by plaintiff. The defendant and an intervenor appeal.

*L. T. Oenung*and *W. S.*Lewis, for appellants.

*Shirley Gilliland*and *H. G. WatMns,*for appell ee

Beck, J.

The plaintiff recovered judgment against W. F. Hannah & Co. and John Hannah. Before the judgments were rendered, John Hannah conveyed eighty acres of land to A. J. Hannah. Plaintiff alleges that this conveyance was without consideration, and was made to defraud plaintiff,, and prevent the collection of his claim against defendants in the judgments. L. Bently, L. H. Dalhoff & Co. and Anderson, Lewis & Co., who had recovered judgments against defendants, intervened, alleging that the conveyance by John Hannah was fraudulent, and executed to defeat them and other creditors. A. J. Hannah, after the filing of the petitions of plaintiff and intervenors, died, and his administratrix was substituted as a party, and answered the petitions in this case, denying all the allegations *470thereof. L. C. Hannah intervened,, showing that he was the holder of a note payable to bearer, given by A. J. Hannah for the purchase of the land from John Hannah. He alleges that he purchased the note before maturity for a valuable consideration, and without notice of any equity therein, or of any fraud connected therewith. These pleadings were all denied by the adverse parties.

The questions involved in the case, upon all the issues, are wholly of fact, and demand discussion at no length. The evidence leads the mind to the conclusion that the defendants and the intervenor, L. C. Hannah, who were father and sons, resorted to the expedients of the sale of the lands, the taking of a negotiable note therefor, and the transfer thereof to one of the sons, in order to defeat the judgment creditors who are parties to this suit. That the son to whom the land was conveyed, and the other to whom the note was transferred, had knowledge of the fraudulent purpose of their father cannot be doubted. The note given for the consideration for the land was assigned to L. C. Hannah, and it is not shown that he paid one cent for it, and we are authorized to infer that he did not. Surely a transaction of this character between parties having knowledge of its fraudulent purposes cannot defeat honest creditors.

It is our opinion that the decree of the district court ought to be affirmed.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 572 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 572

  To prohibit the Secretary of the Treasury from issuing regulations 
                   dealing with hybrid transactions.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 1999

 Mr. Breaux (for himself and Mr. Mack) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To prohibit the Secretary of the Treasury from issuing regulations 
                   dealing with hybrid transactions.

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

SECTION 1. HYBRID TRANSACTIONS UNDER SUBPART F.

    (a) Prohibition on Regulations.--The Secretary of the Treasury (or 
his delegate)--
            (1) shall not issue temporary or final regulations relating 
        to the treatment of hybrid transactions under subpart F of part 
        III of subchapter N of chapter 1 of the Internal Revenue Code 
        of 1986 pursuant to Internal Revenue Service Notice 98-35 or 
        any other regulations reaching the same or similar result as 
        such notice,
            (2) shall retroactively withdraw any regulations described 
        in paragraph (1) which were issued after the date of such 
        notice and before the date of the enactment of this Act, and
            (3) shall not modify or withdraw sections 301.7701-1 
        through 301.7701-3 of the Treasury Regulations (relating to the 
        classification of certain business entities) in a manner which 
        alters the treatment of hybrid transactions under such subpart 
        F.
    (b) Study and Report.--The Secretary of the Treasury (or his 
delegate) shall study the tax treatment of hybrid transactions under 
such subpart F and submit a report to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance of the 
Senate. The Secretary shall hold at least one public hearing to receive 
comments from any interested party prior to submitting such report.
                                 <all>
```
106TH CONGRESS

1ST SESSION S. 439

AN ACT

To amend the National Forest and Public Lands of Nevada

Enhancement Act of 1988 to adjust the boundary of

the Toiyabe National Forest, Nevada.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 439 ES

1 SECTION 1. ADJUSTMENT OF BOUNDARY OF THE TOIYABE

2 NATIONAL FOREST, NEVADA.

3 Section 4(a) of the National Forest and Public Lands

4 of Nevada Enhancement Act of 1988 (102 Stat. 2750)

5 is amended—

6 (1) by striking ‘‘Effective’’ and inserting the

7 following:

8 ‘‘(1) IN GENERAL.—Effective’’; and

9 (2) by adding at the end the following:

10 ‘‘(2) BOUNDARY ADJUSTMENT.—Effective on

11 the date of enactment of this paragraph, the portion

12 of the land transferred to the Secretary of Agri13 culture under paragraph (1) situated between the

14 lines marked ‘Old Forest Boundary’ and ‘Revised

15 National Forest Boundary’ on the map entitled ‘Ne16 vada Interchange ‘‘A’’, Change 1’, and dated Sep17 tember 16, 1998, is transferred to the Secretary of

18 the Interior.’’.

Passed the Senate November 19, 1999.

Attest:

Secretary.
106TH CONGRESS

1ST SESSION S. 439

AN ACT

To amend the National Forest and Public Lands of

Nevada Enhancement Act of 1988 to adjust theboundary of the Toiyabe National Forest, Nevada.
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 Quarterly Report of clickNsettle.com, Inc. (the
"Company") on Form 10-QSB for the three and nine months ended March 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the "Form
10-QSB"), I, Patricia Giuliani-Rheaume, 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, that;

                  (1) The Form 10-QSB fully complies with the requirements of
                  Section 13(a) or 15(d) of the Securities Exchange Act of 1934
                  (15 U.S.C. 78m or 78o(d)); and

                  (2) The information contained in the Form 10-QSB fairly
                  presents, in all material respects, the financial condition
                  and results of operations of the Company.

Dated:  May 11, 2004

/s/ Patricia Giuliani-Rheaume
----------------------------------------------------
Patricia Giuliani-Rheaume - Vice President, Chief Financial Officer and
Treasurer


                                       25
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:*                         October 24, 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 October 15, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 478 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-82, K2025-80.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-24602 Filed 10-23-24; 8:45 am]

BILLING CODE 7710-12-P
II

106TH CONGRESS

1ST SESSION S. 546

To amend the Internal Revenue Code of 1986 to allow a deduction for

100 percent of the health insurance costs of self-employed individuals.

IN THE SENATE OF THE UNITED STATES

MARCH 4, 1999

Mr. DORGAN 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 allow a

deduction for 100 percent of the health insurance costs

of self-employed individuals.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Health Insurance Cost

5 Tax Equity Act of 1999’’.

6 SEC. 2. FULL DEDUCTION FOR HEALTH INSURANCE COSTS

7 OF SELF-EMPLOYED INDIVIDUALS.

8 (a) IN GENERAL.—Section 162(l)(1) of the Internal

9 Revenue Code of 1986 (relating to special rules for health
2

S 546 IS

1 insurance costs of self-employed individuals) is amended

2 to read as follows:

3 ‘‘(1) ALLOWANCE OF DEDUCTION.—In the case

4 of an individual who is an employee within the

5 meaning of section 401(c)(1), there shall be allowed

6 as a deduction under this section an amount equal

7 to the amount paid during the taxable year for in8 surance which constitutes medical care for the tax9 payer, the taxpayer’s spouse, and dependents.’’

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

11 this section shall apply to taxable years beginning after

12 December 31, 1998.

Æ