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

105TH CONGRESS

2D SESSION H. CON. RES. 298

IN THE SENATE OF THE UNITED STATES

JULY 21, 1998

Received and referred to the Committee on Environment and Public Works

CONCURRENT RESOLUTION

Expressing deepest condolences to the State and people of

Florida for the losses suffered as a result of the wild

land fires occurring in June and July 1998, expressing

support to the State and people of Florida as they overcome the effects of the fires, and commending the heroic

efforts of firefighters from across the Nation in battling

the fires.

Whereas during June and July 1998, wild land fires destroyed approximately 500,000 acres of land in northeast

and central Florida, having an aggregate value of more

than $276,000,000;

Whereas the fires have affected 67 counties in the State of

Florida;
2

HCON 298 RFS

Whereas the President of the United States issued a major

disaster declaration for the State of Florida;

Whereas the fires have damaged at least 367 homes and 33

businesses;

Whereas the fires have caused business closures and have aggravated drought conditions, which will have a long-term

impact on the economy of the region;

Whereas the fires have caused injuries to at least 95 people,

the majority of whom are firefighters;

Whereas approximately 7,000 firefighters from 46 States

have braved extreme conditions to assist firefighters in

Florida in fighting the fires;

Whereas many agencies of or established by the Federal Government, including the Federal Emergency Management

Agency, the Forest Service, the Department of Defense,

the Department of Transportation, AmeriCorps, the

Small Business Administration, the General Services Administration, the National Guard, the American National

Red Cross, and the Civil Air Patrol, have contributed

vital support functions in response to the fires; and

Whereas many State and local government agencies have also

contributed vital support functions in response to the

fires: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring), That the Congress—

3 (1) expresses deepest condolences to the State

4 and people of Florida for the losses suffered as a re5 sult of the wild land fires occurring in June and

6 July 1998;
3

HCON 298 RFS

1 (2) expresses support to the State and people of

2 Florida as they overcome the effects of the fires;

3 (3) commends the heroic efforts of firefighters

4 from across the Nation in battling the fires; and

5 (4) commends the many agencies of or estab6 lished by the Federal Government and the many

7 State and local government agencies that have con8 tributed vital support functions in response to the

9 fires.

Passed the House of Representatives July 20, 1998.

Attest:

Passed the House of Representatives July 20, 1998.

Attest: ROBIN H. CARLE,

Clerk.
#### UNITED STATES of America, Plaintiff-Appellee v. Gerardo MARTINEZ-VALADEZ, also known as Roberto Martinez-Baladez, Defendant-Appellant

No. 16-41455 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed January 19, 2018

*306Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Gerardo Martinez-Valadez, Pro Se

Before DENNIS, SOUTHWICK, and HAYNES, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Gerardo Martinez-Valadez has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Martinez-Valadez has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. R. 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 5th Cir. R. 47.5.4.
From: "Higgins, Cortney" <Cortney_Higgins@omb.eop.gov>

To: Sharon Nizich/RTP/USEPA/US@EPA

Cc: Keith Barnett/RTP/USEPA/US@EPA, Charlotte Bertrand/DC/USEPA/US@EPA

Date: 05/29/2012 08:58 AM

Subject: RE: Portland Cement Reconsideration -- Interagency comments under EO 13563

Here’s the attachment.

From: Higgins, Cortney 

Sent: Friday, May 25, 2012 3:30 PM

To: Nizich.Sharon@epamail.epa.gov

Cc: Barnett.Keith@epamail.epa.gov; Charlotte Bertrand 

(Bertrand.Charlotte@epamail.epa.gov)

Subject: Portland Cement Reconsideration -- Interagency comments under EO 13563

Hi Sharon,

Attached is a redline of the preamble with interagency questions and comments. Please let me know if 

you have any questions.

We are available for a call to discuss these comments at the following times next week:

5/29: noon-3

5/30: 10-11, 1-3, 3:30-6

Thanks,

Cortney

________________________________________________

Cortney Higgins

Policy Analyst

OMB/OIRA/NRE

202.395.7856

chiggins@omb.eop.gov

(See attached file: EO_12866_NESHAP_FOR_THE_PORTLAND_CEMENT_S_2060-AQ93_20120503 

InteragencyCommentsunderEO13563.docx)
SERVED: April 13, 2016 

U.S. DEPARTMENT OF TRANSPORTATION· · ;, 

In The Matter Of: 

Solid ·Edge Aviation 

Respondent 

OFFICE OF HEARINGS 

WASHINGTON, DC 

) 

) 

) 

) 

) 

Docket No. FAA-2015-2436 

Case No. 2015WP910067 

DISMISSAL ORDER 

On April 6, 2016, the Respondent filed a Notice of Withdrawal of Request for Hearing, 

stating that the parties had reached a settlement in this matter. 

Pursuant to 14 C.F.R. § 13.215, a party may withdraw a request for a hearing without the 

consent of the administrative law judge at any time before or during a hearing. Upon such 

withdrawal, the administrative law judge shall dismiss the case with prejudice. 

THEREFORE, IT IS ORDERED that these proceedings are dismissed with prejudice. 

Attachment: Service List 
SERVICE LIST - BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

ONE COPY 

Darryl M. Williams, Respondent's Counsel 

Baird, Williams & Greer, LLP 

6225 North 24th Street, Suite 125 

Phoenix, AZ 85016 

TEL: 602-256-9400 

FAX: 602-271-9308 

Jeffrey M. Harper, Complainant's Counsel 

Federal Aviation Administration 

Northwest Mountain Region, ANM-7 

160 l Lind A venue Southwest 

Renton, WA 98057 

TEL: 425-227-2161 

FAX: 425-227-1007 

The Honorable Douglas M .. Rawald, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E 11-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. F AA-2015-2436 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, 

DC 20591 ~Attention: Hearing Docket Clerk, AGC-430.
#### IN RE: DECA INTERNATIONAL CORP., Petitioner

2017-136

United States Court of Appeals, Federal Circuit.

Filed: 11/15/2017

Jon W. Gurka, Cheryl T. Burgess, Attorney, Joseph S. Cianfrani, Esq., Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, for Petitioner

Thomas Fisher, Attorney, Alexander Beach Englehart, Obion, McClelland, Mai-er & Neustadt, LLP, Alexandria, VA, for Respondent

Before Taranto, Chen, and Hughes, Circuit Judges.

ON PETITION

ORDER

Taranto, Circuit Judge.

DECA International Corp. petitions for a writ of mandamus that would direct the United States District Court for the Southern District of Mississippi to dismiss the case for improper venue. Specifically, DECA argues that the district court clearly abused its discretion in determining that its venue defense had been waived and that the Supreme Court’s decision in *TC Heartland LLC v. Kraft Foods Group Brands LLC,*- U.S. -, 137 S.Ct. 1514, 197 L.Ed.2d 816 (2017), did not constitute an intervening change of law. Sky-Hawke Technologies, LLC, opposes.

We recently held that the Supreme Court’s decision in *TC Heartland*effected a relevant change of law and, more particularly, that failure to present the venue objection earlier did not come within the waiver rule of Federal Rule of Civil Procedure 12(g)(2) and (h)(1)(A). *In re Micron,*No. 17-138, 875 F.3d 1091, 2017 WL 5474215 (Fed. Cir. Nov. 15, 2017). In light of that decision, we deem it the proper course here for DECA to first move the district court for reconsideration of its order denying the motion to dismiss. We. therefore deny the petition for a writ of mandamus. Any new petition for mandamus from the district court’s ruling on reconsideration will be considered on its own merits.

Accordingly,

It Is Ordered That:

The petition is denied.
* Pursuant to 5TH CIR. R. 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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20580 

Summary Calendar

 

CHARLES L. CARR,

Plaintiff-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, 

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, 

INSTITUTIONAL DIVISION; S.O. WOODS; VICTOR RODRIGUEZ,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Texas

(H-98-CV-3440)

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

October 9, 2002

Before HIGGINBOTHAM, DAVIS, and WIENER, Circuit Judges.

PER CURIAM:*

Plaintiff-Appellee Charles L. Carr, Texas state prisoner

number 260693, has appealed the district court’s judgment

dismissing his civil rights action as frivolous and for failure to

state a claim. See 28 U.S.C. § 1915(e)(2)(B). Carr contends that

his right to equal protection was violated by the inclusion of

inaccurate and inflammatory information in his state prison and
2

parole records. Carr insists that the defendants are required to

keep accurate records under state and federal law. 

A violation of state law is not cognizable under 28 U.S.C.

§ 1983, see Leffall v. Dallas Indep. Sch. Dist., 28 F.3d 521, 525

(5th Cir. 1994), and the private right of action created by 5

U.S.C. § 552a(g) of the Privacy Act is limited to actions against

agencies of the federal government; it does not apply to state

agencies or individuals. See Dittman v. California, 191 F.3d 1020,

1026 (9th Cir. 1999). Carr’s state law claim is without merit, as

are his federal equal-protection and Privacy Act claims. All are

frivolous, as found by the district court. See Johnson v.

Rodriguez, 110 F.3d 299, 306-09 (5th Cir. 1997). 

As Carr has not shown that the defendants violated a clearly

established federal statutory or constitutional right of which a

reasonable person would have known, see Hart v. O’Brien, 127 F.3d

424, 441 (5th Cir. 1997), he has not shown that the district court

erred in concluding that the defendants are entitled to qualified

immunity from suit. This contention is frivolous too.

Furthermore, Carr’s appeal to this court is frivolous. We

therefore dismiss it as such. See Howard v. King, 707 F.2d 215,

220 (5th Cir. 1983); 5TH CIR. R. 42.2. Finally, we caution Carr

that the district court’s dismissal of his complaint as frivolous

and for failure to state a claim is a “strike” for the purposes of

28 U.S.C. § 1915(g), and our dismissal of his appeal as frivolous
3

constitutes a second strike. See Adepegba v. Hammons, 103 F.3d

383, 387-88 (5th Cir. 1996). 

APPEAL DISMISSED; SANCTION WARNING ISSUED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   OTHER
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             DEC-27-1999
<PERIOD-END>                               OCT-01-2000
<CASH>                                           1,517
<SECURITIES>                                         0
<RECEIVABLES>                                    1,189
<ALLOWANCES>                                         0
<INVENTORY>                                      7,514
<CURRENT-ASSETS>                                12,091
<PP&E>                                         119,281
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 341,820
<CURRENT-LIABILITIES>                           33,711
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           341
<OTHER-SE>                                      91,989
<TOTAL-LIABILITY-AND-EQUITY>                   341,820
<SALES>                                        285,220
<TOTAL-REVENUES>                               285,220
<CGS>                                           93,151
<TOTAL-COSTS>                                  251,430
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (6,406)
<INCOME-PRETAX>                               (25,326)
<INCOME-TAX>                                       104
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (22,645)
<EPS-BASIC>                                     (0.68)
<EPS-DILUTED>                                   (0.68)


</TABLE>
# Delegation of Authority Under Section 506(a)(1) of the Foreign Assistance Act of 1961

# Memorandum for the Secretary of State

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 621 of the Foreign Assistance Act of 1961 (FAA), I hereby delegate to the Secretary of State the authority under section 506(a)(1) of the FAA to direct the drawdown of up to an aggregate value of $800 million in defense articles and services of the Department of Defense, and military education and training, to provide assistance to Ukraine and to make the determinations required under such section to direct such a drawdown.

                    You are authorized and directed to publish this memorandum in the                     *Federal Register*.                

[FR Doc. 2022-06275

Billing code 4710-10-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF LORAL SPACE & COMMUNICATIONS LTD. FOR THE SIX MONTHS
ENDED JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         392,354
<SECURITIES>                                         0
<RECEIVABLES>                                  411,703
<ALLOWANCES>                                   (8,101)
<INVENTORY>                                    162,144
<CURRENT-ASSETS>                             1,069,988
<PP&E>                                       2,330,732
<DEPRECIATION>                               (408,985)
<TOTAL-ASSETS>                               5,412,323
<CURRENT-LIABILITIES>                          425,447
<BONDS>                                      1,850,356
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  1,053,831
<COMMON>                                         2,964
<OTHER-SE>                                   1,795,822
<TOTAL-LIABILITY-AND-EQUITY>                 5,412,323
<SALES>                                        642,344
<TOTAL-REVENUES>                               642,344
<CGS>                                          544,100
<TOTAL-COSTS>                                  658,200
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              85,752
<INCOME-PRETAX>                                 11,656
<INCOME-TAX>                                    15,122
<INCOME-CONTINUING>                          (216,945)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (252,426)
<EPS-BASIC>                                     (0.86)
<EPS-DILUTED>                                   (0.86)


</TABLE>
<PAGE>
 
                                                                      EXHIBIT 11



             STATEMENT RE COMPUTATION OF EARNINGS (LOSS) PER SHARE
                                 (IN THOUSANDS)

<TABLE>
<CAPTION>
                                                                                 Period
                                                                             from March 24,      Three
                                                         Quarter Ended      1995 (inception)    Quarters
                                                       -----------------        through          Ended
                                                        Oct. 1,  Oct. 6,         Oct. 1,         Oct. 6,
                                                         1995     1996            1995            1996
                                                       --------  -------    ----------------    ---------
<S>                                                    <C>       <C>         <C>                <C>
Primary earnings per share:
Weighted average number of shares outstanding            7,935    27,742          7,905           17,068
Incremental shares pursuant to Staff Accounting
    Bulletin No. 83                                      1,744     2,635          1,744            2,157
                                                         -----    ------          -----           -------
Adjusted primary weighted average number of
    common and equivalent shares outstanding             9,679    30,377          9,649           19,225
                                                         =====    ======          =====           =======
Fully diluted earnings per share:
Weighted average number of shares outstanding            7,935    27,742          7,905           17,068
Incremental shares pursuant to Staff Accounting
    Bulletin No. 83                                      1,744     2,863          1,744            2,225
                                                         -----    ------          -----           -------
Adjusted fully diluted weighted average number
    of common and equivalent shares outstanding          9,679    30,605          9,649           19,293
                                                         =====    ======          =====           ======= 
</TABLE>
<PAGE>   1

                                                                  Exhibit 3.2(c)

                             SECRETARY'S CERTIFICATE


I, Martin D. Krall, Secretary of Applied Graphics Technologies, Inc. (the
"Corporation") do hereby certify that on August 24, 2000, the Board of Directors
of the Corporation unanimously adopted the following resolution to amend the
Amended and Restated Bylaws of the Corporation, as amended (the "Bylaws"), as
follows:

RESOLVED, that Article V, Section 1 of the Bylaws of the Company be, and it
hereby is, amended to read in its entirety as follows:

              "Section 1. Required Officers. The officers of the Corporation
              shall be chosen by the board of directors and shall consist of
              such offices as the board of directors shall, in its discretion,
              determine. Any number of offices may be held by the same person
              unless the certificate of incorporation or these Bylaws otherwise
              provide."

Except as set forth above, the Bylaws shall remain unchanged and in full force
and effect.

October 17, 2000

                                           /s/ Martin D. Krall
                                           Martin D. Krall, Secretary
                                           Applied Graphics Technologies, Inc.
|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  August      23, 2010 | By:    | /s/     David      Bruce Hong    |
|---------------------------------------|--------|-----------------------------------------------------------|
|                                  |   | David      Bruce Hong                                     |
|                                  |   | Chief      Executive Officer (Principal ExecutiveOfficer) |

----