alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 1074** 

CALVIN L. SMITH , Plaintiff

– Appellant ,
v. KEN CUCCINELLI, Attorney General for Commonwealth of Virginia, in his official capacity , Defendant

- Appellee
.

Appeal from the United States District Court for the Eastern District of Virginia , at Newport News
. Rebecca Beach Smith, Chief District Judge. ( 4:11

- cv - 00167

- RBS

- FBS )

Submitted : May 31 , 2012 Decided: June 5, 2012

Before KING, DUNCAN, and DIAZ , Circuit Judges.

Affirmed by un published per curiam opinion
. Calvin L. Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Calvin L. Smith appeals the district court ’ s order dismissing his civil complaint under 28 U.S.C. § 1915(e)(2)(B) (200 6 ). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Smith v. Cuccinelli , No. 4:11

- cv - 00167

- RBS

- FBS (E.D. Va. Dec. 30, 2011) . 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
NRO APPROVED FOR 

RELEASE 1 JULY 2015 

MEMORANDUM FOR THE RECORD 2 Jun 64 

Subject: EKC Dorian Briefing to Dr McMillan 28 May 64 

1. A briefing was given to Dr. McMillan in Washington by EKC on 

28 May 64. The purpose of this presentation was to provide the 

Secretary with a status report on the Dorian effort and a summary 

of the follow-on plans. 

2. The following personnel in addition to Dr. McMillan were present: 

Dr. Flax, Gen Martin, Maj Skantze, Col Berg, LtCol Knolle, Mr. Simmons, 

Dr. Oder, Dr. Feldman, Mr. Spoeihof and Mr. Collinge. 

3. A set of 84x10" reproductions of the charts used were provided and 

are in the files. 

4. The briefing generally followed the charts; however, considerable 

discussion developed with the session lasting over 2 hours. The following conclusions were drawn from the comments made by Dr. McMillian 

during the course of the briefing: 

a. The MOL is not intended to be an operational system, but for 

experiments only. There must be a fundamental technical reason to 

justify orbital experiments. 

b. He wanted to confirm that our present effort did include the 

requirement for the comparison of man vs unmanned. He was assured 

that it did and that some of this preliminary information would be included in the EK briefing to be given 5 June to the Hornig board. Also 

to be included was some of the early technical data on man's abilities 

as presented to Dr. McMillian on 9 Mar 64. The Hornig board on "blark 

activities" (York, Purcell, Land) is to meet 5 June to review MOL in 

relation to our activities. 

c. He does not want to be actually designing a manned system, 

but rather determining what man's capabilities are and the performance 

of a system configured to make maximum use of these capabilities. 

After having these answers, the comparison can be made with unmanned 

systems. I feel this is exactly the way tae project has been oriented. 

d. He felt that our answers were somewhat different than sane he 

had heard from Aerospace. We pointed out that he was probably recalling earlier information presented by Dr. Leonard and Aseltine canparing manned and unmanned strip cameras. In such a comparison, for 

a given booster capability, the unmanned will always appear superior. 

Dr. McMillian agreed that the frame camera approach should be pursued 

and compared with a like performing unmanned system. 

SECRET 
NRO APPROVED FOR 

RELEASE 1 JULY 2015 

e. He felt that attitude control systems could be improved so 

as to improve attitude rate control by an order of magnitude. Therefore, attitude rate errors should not be a controlling item limiting 

unmanned performance. 

f. He wanted EKC to brief Dr. Fubini on 4 June as to what previous EKC work indicated could be placed on T-IIIC for area coverage. 

BYRON F. KNOLLE, R. 

LtColonel, USAF 

2 

SPECIAL H INC 

SECRET
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18 12 06 00

08/15

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 15 Aug 07

 EDAS Meteorological Data

Source

★ at 38.90 N 76.65 W Meters AGL

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PHOTO INFORMATION

** Download

** Details

** Share

# Episode 11: Sitting Down with NROL-87 Mission Manager Emily Stanhouse

One of the coolest jobs at the NRO is being Mission Manager of a launch. In an exclusive interview with #NROL87 Mission Manager Maj. Emily Stanhouse, we take an inside look at the role, the mission, and the hard work it takes to successfully put a payload on orbit.

Featured in this podcast: NROL-87 Mission Manager Maj. Emily Stanhouse and NRO Public Affairs Officer Jordan Robinson

Click here to listen to the Episode 11 Podcast

**                    SHARE                

**                    PRINT                

News Article
NRCS CONSERVATION PRACTICE EFFECTS - NETWORK DIAGRAM August 2023

Freshly shaped and graded land surface resulting from 

removal of unwanted obstructions. 

Obstruction Removal (500) 

I.2. (+) Land 

Values

Initial Settings: On any land where existing obstructions interfere 

with planned land use development, public safety or 

infrastructure. This standard is not intended for the removal of 

obstructions from aquatic environments.

Start

D.7 (+) Cost of 

implementation

I.3 (+) 

Health 

and 

safety of 

adjacent 

land.

I.6. (+) Regional 

Haze (temporary) 

C.2 (+/-) Income and income stability (individual and community)

D.1 (+) Available land area for 

desired use and operation 

efficiency. 

D.5 (+) Potential of exposing 

toxic or polluted materials 

(i.e., treated wood)

D.6 (-) Human 

health and safety 

during demolition

D.11 (+) Emissions (if debris is 

burned; particulates, CO2, CO, 

volatile organic compounds, 

nitrogen oxides, ammonia, methane. 

D.2 (+) 

Erosion 

during 

demolition 

process 

D.3 (+) Soil 

compaction 

(equipment 

operation). 

D.4 (-) 

Runoff, 

flooding and 

ponding 

D.12 (-) 

Human 

health and 

safety

D.13 (-) 

Visibility

C.4 (-) Air quality within the 

air-shed (temporary)

C.3 (+/-) Recreational 

Opportunities

I.5. (+/-) Biodiversity 

D.8 (+) Upland habitat 

fragmentation possible if 

vegetation is removed or 

manipulated. 

D.9 (+/-) Early 

successional 

and edge 

habitat.

D.10 (-) Habitat features for 

reptiles, amphibians, small 

mammals, and invertebrates, 

including pollinators. 

Notes:

Effects are qualified with a plus 

(+) or minus (-). These symbols 

indicate only an increase (+) or a 

decrease (-) in the effect upon 

the resource, not whether the 

effect is beneficial or adverse.

Critical Area Planting (342)

Conservation Cover (327)

Access Road (560)

Dust Control on Unpaved 

Roads and Surfaces (373)

Woody Residue Treatment 

(384)

C.1 (+) Quality of receiving 

waters 

I.1 (+) Water 

Quality of runoff: 

(-) Sediment, (-) 

Nutrients (-) 

organics, and (-) 

pathogens

I.4. (+/-) Net Return

LEGEND

D. Direct effect

#. Created by practice

I. Indirect effect

C. Cumulative effect

Mitigating practice

Associated practice

Pathway
<PAGE>   1
                                EXHIBIT 10.4

                              SEVENTH AMENDMENT TO
                     SEAGULL EMPLOYEE STOCK OWNERSHIP PLAN



         WHEREAS, SEAGULL ENERGY CORPORATION (the "Company") has heretofore
adopted and maintains the SEAGULL EMPLOYEE STOCK OWNERSHIP PLAN (the "Plan")
for the benefit of its eligible employees; and

         WHEREAS, the Company desires to amend the Plan;

         NOW, THEREFORE, the Plan is hereby amended as follows, effective as of
January 1, 1989:

         1.  The following shall be added at the beginning of Section 10.04(e)
             of the Plan:

         "Financed Stock allocated to a Member's Stock Account may be forfeited
         pursuant to Paragraphs (a), (c) or (d) above only after assets other
         than Financed Stock allocated to the Member's Account have been
         forfeited.  Further, if Financed Stock allocated to a Member's Stock
         Account is forfeited pursuant to Paragraphs (a), (c) or (d) above and
         if such Financed Stock includes more than one class of Company Stock,
         such Member must be treated as forfeiting the same proportion of each
         such class of Company Stock."

         2.  As amended hereby, the Plan is specifically ratified and
             reaffirmed.

         EXECUTED this 28th day of September, 1995.

                                 SEAGULL ENERGY CORPORATION


                                          /s/  ROBERT W. SHOWER
                                 By ______________________________________
                                               Robert W. Shower
| 1.   | The Report is not in compliance with the requirements of Section 13(a) or 15 (d) of the Securities Exchange Act of 1934 for the reasons discussed in Note 1B of the financial statements; and |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 2.   | The information contained in the Annual Report fairly presents, in all material respects, the financial condition and result of operations of Somerset International Group, Inc. |
|----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | SOMERSET INTERNATIONAL GROUP, INC. |                                                                       |
|--------|------------------------------------|----------------------------------------------------------------------------|
|   |                               |                                                                       |   |
|   | By:                                | /s/ John X. Adiletta                                                       |   |
|   |                               | John X. AdilettaPresident, Chief Executive Officer,Chief Financial Officer |   |
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 Labor

###### Employment and Training Administration

          - [TA-W-83,085; TA-W-83,085A]

                    In accordance with Section 223 of the Trade Act of 1974, as amended (“Act”), 19 U.S.C. 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on November 6, 2013, applicable to workers of Keywell LLC, Frewsburg, New York, and Keywell, Falconer, New York. The Department's notice of determination was published in the                     **Federal Register**                     on December 10, 2013 (78 FR 74163).                

At the request of the New York State Department of Labor, the Department reviewed the certification for workers of the subject firm. The workers were engaged in the production of scrap stainless steel, titanium and high temperature alloys.

New information shows that part of Keywell LLC was purchased in bankruptcy and each portion renamed: The Frewsburg facility to SGK Ventures and the Falconer facility to Keywell Metals LLC on January 1, 2014. The intent of the Department's certification is to include all workers of the subject firm who were adversely affected by imports of articles directly competitive to scrap stainless steel, titanium and high temperature alloys.

The amended notice applicable to TA-W-83,085 and TA-W-83,085A is hereby issued as follows:

All workers of SGK Ventures, formerly known as Keywell LLC, Frewsburg, New York (TA-W-83,085) and all workers of Keywell Metals LLC, formerly known as Keywell LLC, Falconer, New York (TA-W-83,085A), who became totally or partially separated on or after September 10, 2012 through November 6, 2015, and all workers in the group threatened with total or partial separation from employment on date of certification through November 6, 2015, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended.

Signed at Washington, DC, this 2nd day of February, 2015.

Michael W. Jaffe,

Certifying Officer, Office of Trade Adjustment Assistance.

[FR Doc. 2015-03277 Filed 2-17-15; 8:45 am]

BILLING CODE 4510-XX-P
**EXHIBIT
      32(a)**





MICROS
      SYSTEMS, INC.





Certification
      of Principal Executive Officer


Pursuant
      to Rule 13a-14(b) of the Securities Exchange Act of 1934 and 18 U.S.C.
      1350





In
      connection with the quarterly report of MICROS Systems, Inc. (the “Company”) on
      Form 10-Q (Form 10-Q”) for the three months ended September 30, 2008 as filed
      with the Securities and Exchange Commission on the date hereof, I, A.L.
      Giannopoulos, Chairman, President and Chief Executive Officer of the Company,
      certify that to the best of my knowledge:




(1)  The
      Form
      10-Q fully complies with the requirements of Section 13(a) of the Securities
      Exchange Act of 1934, as amended; and




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





Date:
                November 6, 2008
            /s/
            A.L.
                GiannopoulosA.L.
                Giannopoulos
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          15,184
<SECURITIES>                                         0
<RECEIVABLES>                                  122,221
<ALLOWANCES>                                     8,698
<INVENTORY>                                          0
<CURRENT-ASSETS>                               129,332
<PP&E>                                       2,534,004
<DEPRECIATION>                               2,360,358
<TOTAL-ASSETS>                                 304,028
<CURRENT-LIABILITIES>                          558,940
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       799,187
<OTHER-SE>                                 (1,098,348)
<TOTAL-LIABILITY-AND-EQUITY>                   304,028
<SALES>                                         88,963
<TOTAL-REVENUES>                                69,667
<CGS>                                                0
<TOTAL-COSTS>                                   57,203
<OTHER-EXPENSES>                               138,293
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (125,829)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (125,829)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (125,829)
<EPS-PRIMARY>                                   (.016)
<EPS-DILUTED>                                   (.016)
        

</TABLE>
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA - 2012 - 1321 Directorate Identifier: 2011NM147AD

A310 - 57 - 2081, R02 --- 10/18/07 A310 - 57 - 2081, R01 --- 2/26/03 A310 - 57 - 2082, R02 --- 10/17/08 A310 - 57 - 2082, R01 --- 8/22/03

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 0 3/05/2008
Exhibit 99.1

                            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 AutoInfo, Inc. (the "Company") on
Form 10-QSB for the period ending June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Harry Wachtel, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, 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/ Harry Wachtel
-------------------------
Harry Wachtel
Chief Executive Officer
August 12, 2002
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1362 Engrossed in Senate (ES)]

114th CONGRESS
  1st Session
                                S. 1362

_______________________________________________________________________

                                 AN ACT

 
    To amend title XI of the Social Security Act to clarify waiver 
  authority regarding programs of all-inclusive care for the elderly 
                            (PACE programs).

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

SECTION 1. CLARIFICATION OF WAIVER AUTHORITY REGARDING PACE PROGRAMS.

    Subsection (d)(1) of section 1115A of the Social Security Act (42 
U.S.C. 1315a) is amended by striking ``and 1903(m)(2)(A)(iii)'' and 
inserting ``1903(m)(2)(A)(iii), and 1934 (other than subsections 
(b)(1)(A) and (c)(5) of such section)''.

            Passed the Senate August 5, 2015.

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                                S. 1362

_______________________________________________________________________

                                 AN ACT

    To amend title XI of the Social Security Act to clarify waiver 
  authority regarding programs of all-inclusive care for the elderly 
                            (PACE programs).
```
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Page 8648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03286]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than March 4, 2015.
    A. Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, 
Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 
55480-0291:
    1. Waldo Jon Ackerman and Susan Dawn Ackerman, both of Aurora, 
Colorado; Brad T. Becker, Rochester, Minnesota; Leonard and JoAnn 
Becker, Bismarck, North Dakota; Jessup DeCook, Byron, Minnesota; Bryan 
DeCook; Stewartville, Minnesota; and Bryce DeCook, Byron, Minnesota, as 
a group acting in concert, to acquire voting shares of Olmsted Holding 
Corporation and thereby indirectly acquire voting shares of Olmsted 
National Bank, both in Rochester, Minnesota.

    Board of Governors of the Federal Reserve System, February 12, 
2015.
Michael J. Lewandowski,
Associate Secretary of the Board.
[FR Doc. 2015-03286 Filed 2-17-15; 8:45 am]
BILLING CODE 6210-01-P
#### STATE v. MARK PARKER.

*Indictment at Common Law.*

Where a statute makes the commission oí an act “unlawful” and specifies no mode of proceeding, the violation of its provisions is a misdemeanor punishable by indictment at common law.

Indictment for retailing liquor, tried at Spring Term, 1884, of Cleveland Superior Court, before *MacBae,J.*

*651The defendant was indicted for selling liquor within two and a half miles of Zion church in Cleveland county.

The indictment was preferred under the act of 1883, ch. 166, § 7, which is as follows : “That it shall be unlawful for any person to sell, or in any manner, directly or indirectly, receive compensation for any spirituous or other intoxicating liquors in the localities hereinafter named * * * within two and a half miles of Zion Baptist church, in Cleveland county.” There are like inhibitions in sections four, five, and six of the act. And in section eight it is provided “ that any person violating the provisions of section four, five and six of this act, shall be deemed guilty of a misdemeanor.”

The defendant contended that, inasmuch as the seventh section was omitted in the enumeration of the sections of the act, the violation of which was made indictable by the eighth section, the violation of that section was hot the subject of a criminal prosecution, and that therefore the defendant ought to be acquitted.

His Honor did not concur in this view, but held that “as the law made it unlawful to sell liquor as aforesaid, it was a misdemeanor to violate the same, though not so expressly declared, and charged the jury accordingly.

The defendant was convicted and appealed from the judgment pronounced.

*Attorney■*General, for the State.

*Messrs. Qidney & Webb,*for defendant.

Ashe, J.

There is no error in the charge given by His Honor. No doubt the seventh section was omitted to be mentioned in the eighth section through inadvertence ; or, it may be, that it was a mistake in the printer. But be that as it may, it can make no difference, for there can be no doubt, as His Honor held, that the defendant is indictable at common law.

*652If a statute prohibit a matter of public grievance, or command a matter of public convenience, all acts or omissions contrary to the prohibition or command of the statute, being misdemeanors at common law, are punishable by indictment, if the statute specify no other mode of proceeding. Arch. Cr. Law 2; 2 Hawk., ch. 25, § 4. There is no other mode of proceeding specified in the act; *ergo,*the defendant is indictable at common law. Let this be certified, &c.

No error. Affirmed.