alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Judge King did not participate in consideration of this

case. The opinion is filed by a quorum of the panel pursuant to 28

U.S.C. § 46(d).

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7381

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

TYRONE L. FRIESON,

Defendant - Appellant.

Appeal from the United States District Court for the Southern

District of West Virginia, at Charleston. John T. Copenhaver, Jr.,

District Judge. (CR-89-117, CA-97-219-2)

Submitted: January 21, 1999 Decided: February 9, 1999

Before LUTTIG, MOTZ, and KING,* Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrone Frieson, Appellant Pro Se. Michael Lee Keller, OFFICE OF

THE UNITED STATES ATTORNEY, Charleston, West Virginia, for

Appellee.
2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Tyrone Frieson seeks to appeal the district court’s order

denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 &

Supp. 1998). We have reviewed the record and the district court’s

opinion accepting the recommendation of the magistrate judge and

find no reversible error. Accordingly, we deny a certificate of

appealability and dismiss the appeal on the reasoning of the district court. See United States v. Frieson, Nos. CR-89-117; CA-97-

219-2 (S.D.W. Va. Sept. 9, 1998). 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
**Exhibit
        23**
 
 **Consent
        of Independent Registered Public Accounting Firm**
 
 
 We
        hereby
        consent to the incorporation by reference in the Registration Statement of
        River
        Valley Bancorp on Form S-8 of our report, dated March 13, 2007, on our audits
        of
        the consolidated financial statements of River Valley Bancorp as of December
        31,
        2006 and 2005 and for each of the years in the three-year period ended December
        31, 2006, which report is incorporated by reference in River Valley Bancorp’s
        Annual Report on Form 10-K for the fiscal year ended December 31,
        2006.
 
 
 /s/
        BKD,
        LLP
 
 Indianapolis,
        Indiana
 March
        13,
        2007
13 APR 1960

Replaces AFBMD Form 11, I Jun 59

OFFICE SYMBOL
INAME (SIGNA’

DATE

(0

COORDINATION SHEET

AFBMD Form 11
| Nov 59


: i

: a

Fi Hi id i ae

Replaces AFBMD Form 1, 1 Jun $9

COORDINATION SHEET

ONIGINATOR

ua

itt

aH

OFFICE SYMBOL

NAME (SIGNATURE)

DATE

| Nov 59

AFBMD Form It *


. Samy .
‘SIGNED .

O. J. RITLAND .
MAJOR GENERAL, USAF
' ~ COMMANDER

8 fei naan ae frre by
| (hie maene
Sie gts uth)
f Akon

{OFFICE SYMBOL.

NAME (SIGNATURE)

DATE

AFBMO Form 11 COORDINA’ °
1 Nov 59 RDINATION SHEET Replaces AFBMD Form 11, 1 Jun 59
# C_2004300EN.01003301.xml

| 4.12.2004 | EN | Official Journal of the European Union | C 300/33 |
| --- | --- | --- | --- |

4.12.2004

EN

Official Journal of the European Union

C 300/33

---

Reference for a preliminary ruling by the Bundesfinanzhof by order of that court of 8 July 2004 in the case of Finanzamt Eisleben against Feuerbestattungsverein Halle e.V.

(Case C-430/04)

(2004/C 300/62)

Reference has been made to the Court of Justice of the European Communities by order of the Bundesfinanzhof (Federal Finance Court) (Germany) of 8 July 2004 received at the Court Registry on 7 October 2004, for a preliminary ruling in the case of Finanzamt Eisleben against Feuerbestattungsverein Halle e.V., on the following question:

Is a private taxable person able to rely on the second subparagraph of Article 4(5) of Council Directive 77/388/EEC (1) where that taxable person is in competition with a body governed by public law and asserts that the non-taxation or undertaxation of that body is unlawful?

1

---

(1)  OJ L 145, p. 1.

1

---
# C_2005006EN.01001901.xml

| 8.1.2005 | EN | Official Journal of the European Union | C 6/19 |
| --- | --- | --- | --- |

8.1.2005

EN

Official Journal of the European Union

C 6/19

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 November 2004

in Case C-79/04 Commission of the European Communities v Grand Duchy of Luxembourg (1)

1

(Failure of a Member State to fulfil its obligations - Directive 2002/40/EC - Failure to transpose within the prescribed period)

(2005/C 6/36)

Language of the case: French

In Case C-79/04 Commission of the European Communities (Agents: M. Patakia and B. Schima) v Grand Duchy of Luxemboug (Agent: S. Schreiner) – action under Article 226 EC for failure to fulfil obligations, brought on 19 February 2004 – the Court (Fifth Chamber), composed of: R. Silva de Lapuerta, President of the Chamber, C. Gulmann and J. Makarczyk (Rapporteur), Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 18 November 2004, in which it:

| 1. | Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2002/40/EC of 8 May 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household electric ovens, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Commission Directive 2002/40/EC of 8 May 2002 implementing Council Directive 92/75/EEC with regard to energy labelling of household electric ovens, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

| 2. | Orders the Grand Duchy of Luxembourg to pay the costs. |
| --- | --- |

2.

Orders the Grand Duchy of Luxembourg to pay the costs.

---

(1)  OJ C 85 of 3.4.2004.

1

---
FIRST M
& F CORPORATION





EXHIBIT
32.1





SECTION
1350 CERTIFICATIONS





In connection with the Quarterly Report
of First M&F Corporation (the “Company”) on Form 10-Q for the period ended
September 30, 2009 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Hugh S. Potts, Jr., Chief Executive Officer of
the Company, certify, to the best of my knowledge and belief, pursuant to 18
U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes Oxley Act of
2002, that:





A.
            The
      Report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and





B.
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.





Date:
            November
      9, 2009





/s/ Hugh S. Potts, Jr.Hugh
      S. Potts, Jr.Chairman
      and Chief Executive
Officer
<PAGE>



                                                                    Exhibit 99.1



                   [LETTERHEAD OF AMF BOWLING WORLDWIDE, INC.]



                                 March 29, 2002



Securities and Exchange Commission
Washington, DC

         Arthur Andersen LLP has represented to AMF Bowling Worldwide, Inc. that
its audit was subject to Andersen's quality control system for the U.S.
accounting and auditing practice to provide reasonable assurance that the
engagement was conducted in compliance with professional standards and that
there was appropriate continuity of Arthur Andersen personnel working on the
audit, availability of national office consultation and availability of
personnel at foreign affiliates of Arthur Andersen to conduct the relevant
portions of the audit.

                                       Sincerely,



                                       /s/ Christopher F. Caesar
                                       -----------------------------------------
                                       Christopher F. Caesar
                                       Senior Vice President, Chief Financial
                                       Officer and Treasurer
•

IV-SECRET

in NATIONAL RECONNAISSANCE OFFICE

WASHINGTON, D.C.

OFFICE OF THE DIRECTOR 24 July 1975

N(ORANDUM FOR CAPTAIN ROBERT T. DARCY, PROGRAM C

SUBJECT: Appointment

You are hereby appointed Director, National Reconnaissance

Office, Program C.

As the Director, Program C, you are responsible solely to

the Director, National Reconnaissance Office for the conduct

of this program. In addition to your Program C responsibilities,

you should assure adequate coordination with the other activities

of the NRO through Colonel Wheeler and the NRO Staff.

I am pleased to welcome you to your new position and look

forward to working with you.

11111111.

INKNN

oumwat. sesnouLt or TeplEeinGNOMONS MOON IMO mammas. WM

CONY E12 ONCIANNIPV ON OP ONT.
<PAGE>   1




                                                                  EXHIBIT 10(q)
                                                                  --------------

              FIRST AMENDMENT TO HUNTINGTON BANCSHARES INCORPORATED
                    DEFERRED COMPENSATION PLAN AND TRUST FOR
                  HUNTINGTON BANCSHARES INCORPORATED DIRECTORS


                  Effective May 17, 2000, Section 5.1 of the Huntington
Bancshares Incorporated Deferred Compensation Plan and Trust for Huntington
Bancshares Incorporated Directors is hereby amended and restated in its entirety
to read as follows:

                  5.1 Time of Payment. Distributions of an HBI Director's
         account shall commence upon the earlier of: (i) within thirty days
         after the date the HBI Director attains either age fifty-five, age
         sixty, age sixty-five, age seventy, or age seventy-five, such age to be
         specified in a written notice delivered to the Committee at the time
         the deferral election is made, or (ii) within thirty days of the HBI
         Director's termination as an HBI Director due to resignation,
         retirement, death or otherwise.
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.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS) Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Taxpayer Communications Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Thursday, March 5, 2015.

# FOR FURTHER INFORMATION CONTACT:

Janice Spinks at 1-888-912-1227 or (206) 946-3006.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Taxpayer Communications Project Committee will be held Thursday, March 5, 2015, at 3 p.m. Eastern Time via teleconference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Janice Spinks. For more information please contact: Janice Spinks at 1-888-912-1227 or 206 946-3006, or write TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174, or post comments to the Web site:                     *http://www.improveirs.org.*

The committee will be discussing various issues related to Taxpayer Communications and public input is welcome.

February 12, 2015.

Otis Simpson,

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. 2015-03475 Filed 2-17-15; 11:15 am]

BILLING CODE 4830-01-P
EXHIBIT 32.b



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 BCTC IV Assignor Corp. (the "registrant") on Form 10-Q for the period ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Marc N. Teal, Principal Financial Officer of the registrant, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge, after due inquiry:



|(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 operations of the registrant.



|                  |  |                            
|----------------- |  | ---------------------------
|Date:             |  |                            
|November 14, 2008 |  | /s/ Marc N. Teal           
|                  |  |                            
|                  |  | Marc N. Teal               
|                  |  | Principal Financial Officer
|                  |  |                            
|                  |  |                            
|                  |  |                            

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 registrant and will be retained by the registrant and furnished to the Securities and Exchange Commission or its staff upon request.
• • P.-SECItEr 1111

114141.1kailigie4A.1.11811

•

JS(NATIONAL RECONNAISSANCE OFFICE

tASHINC1 Oh. D C.

•

THE NRO STAFF

MEMORANDUM FOR MR. PLUMMER

DR. COOK C nwiC,

SUBJECT: NRO Briefing to Intelligence Oversight

Board Staff

In response to Mr. Ellsworth's desire to be notified of

briefings on intelligence activities requested by outside

agencies, we have prepared the memo at the right for your

signature.

Majo SAFLL, has been addressing the

Executive r er imp eme ation and has been in contact /WW with

the Intelligence Oversight Board (I0B) staff members; he will

be present for the NRO briefing. We are anticipating that

the actual requirements levied on the NRO will be minimal.

Our proposed revision to the NRO Charter calls for oversight

by the DOD Inspector General. It now appears that this function

may not be implemented, which will leave open the question of

who provides inspection oversight for the NRO. We will discuss

the implications of this with the IOB staff.

Brigadier General, General,

Director

1111111111 Action Officer: Colonel

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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SCOTT LEE MICKELSEN,

Plaintiff

- Appellant,

v.

STEPHEN POULTER, Sgt., IFPD; et al.,

Defendants

- Appellees. No. 16

- 35686

D.C. No. 3:14

- cv

- 00385

- CWD

MEMORANDUM *

Appeal from the United States District Court

for the District of Idaho

Candy W. Dale, Magistrate Judge, Presiding **

Submitted July 11, 2017 ***

Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.

Scott Lee Mickelsen appeals pro se from the district court’s order denying

his motion for reconsideration of the judgment dismissing his 42 U.S.C. § 1983

action for failure to prosecute. We have juris diction under 28 U.S.C. § 1291. We

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

except as provided by Ninth Circuit Rule 36

- 3.

** The parties consented to proceed before a magistrate judge. See 28

U.S.C. § 636(c).

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

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

# FILED

JUL 17 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 16

- 35686

review for an abuse of discretion. Sc h. Dist. No. 1J Multnomah Cty., Or. v.

ACandS, Inc. , 5 F.3d 1255, 1262 (9th Cir. 1993). We affirm.

The district court did not abuse its discretion in denying Mi c kelsen’s motion

for relief from judgment under Federal Rule of Civil Procedure 60(b) because

M ickelsen failed to demonstrate any basis for relief. See id. at 1263 (grounds for

reconsideration under Rule 60 (b) ); see also Pagtalunan v. Galaza , 291 F.3d 639,

642

- 43 (9th Cir. 2002) (discussing the five factors for determining whether to

dismiss for fa ilure to prosecute).

We reject as meritless Mickels e n’s contention that the magistrate judge erred

in not examining the police department video.

Mickelse n’s request for the appointment of counsel, set forth in his opening

brief, is denied.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
**Exhibit 3.7**

 

**CERTIFICATE OF AMENDMENT**

**TO THEAMENDED AND RESTATED**

**CERTIFICATE OF INCORPORATION OF AXTIVE CORPORATION**

 

Pursuant to the provisions of Section 242 of the General Corporation Law ofthe State of Delaware, Axtive Corporation, a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the “Corporation”), does hereby certify:****

 

FIRST: That the Board of Directors of the Corporation, by unanimous consentpursuant to Section 141(f) of the General Corporation Law of the State of Delaware, adopted a resolution setting forth and declaring advisable the following proposed amendment to the Amended and Restated Certificate of Incorporation, as amended, ofthe Corporation: 

 

That Article Four of the Corporation’sAmended and Restated Certificate of Incorporation, as amended, be amended and restated in its entirety as follows: 

 

“ARTICLE FOUR 

 

Capital Stock

 

The Companyshall have the authority to issue a total of Two Hundred Five Million (205,000,000) shares, consisting of (a) Two Hundred Million (200,000,000) shares of common stock, par value $0.01 per share, and (b) Five Million (5,000,000) shares of preferredstock, par value $0.01 per share. The preferred stock may be issued from time to time in one or more series and with such voting powers, full or limited, or no voting powers, and such designations, preferences and relative, participating, option orother special rights or qualifications, or restrictions thereof, as shall be stated and expressed in this Certificate or in any amendment hereto, or in a resolution adopted by the board of directors.” 

 

SECOND: That thereafter, pursuant to resolution of the Board of Directors,the proposed amendment was submitted to the stockholders of the Corporation, and the necessary number of shares as required by statute was voted in favor of the amendment. 

 

THIRD: That said amendment was duly adopted in accordance with the provisions of Section 242 of the General Corporation Lawof the State of Delaware. 

 

FOURTH: That this Certificate ofAmendment shall be effective upon the filing hereof. 

 

INWITNESS WHEREOF, the Corporation has caused this certificate to be signed by Graham C. Beachum III, its President and Chief Operating Officer, this 11th day of January, 2005.
<PAGE>


                                                                    EXHIBIT 23.2

                CONSENT OF NETHERLAND, SEWELL & ASSOCIATES, INC.

    We consent to the references to us in "Part I, Item 1 and 2. Business and
Properties - Natural Gas and Oil Reserves" in this Annual Report on Form 10-K of
The Houston Exploration Company for the year ended December 31, 2002 and in
Houston Exploration's previously filed Registration Statements (and any
prospectus supplement thereto) on: (i) Form S-3, file number 333-78843 dated May
20, 1999; (ii) Form S-8, file number 333-36977 dated October 1, 1997; (iii) Form
S-8, file number 333-47370 dated October 5, 2000; (iv) Form S-8, file number
333-75264 dated December 17, 2001; and (v) Form S-8, file number 333-99799 dated
September 19, 2002.

                          /S/ NETHERLAND, SEWELL & ASSOCIATES, INC.
                          -----------------------------------------
                          NETHERLAND, SEWELL & ASSOCIATES, INC.

Houston, Texas
February 19, 2003