alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-29-1996
<CASH>                                          13,700
<SECURITIES>                                         0
<RECEIVABLES>                                   11,661
<ALLOWANCES>                                     1,032
<INVENTORY>                                     12,558
<CURRENT-ASSETS>                                38,686
<PP&E>                                          23,399
<DEPRECIATION>                                  19,175
<TOTAL-ASSETS>                                  43,913
<CURRENT-LIABILITIES>                           13,568
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,257
<OTHER-SE>                                      24,088
<TOTAL-LIABILITY-AND-EQUITY>                    43,913
<SALES>                                         15,107
<TOTAL-REVENUES>                                18,649
<CGS>                                           10,253
<TOTAL-COSTS>                                   11,901
<OTHER-EXPENSES>                                 7,958
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   2
<INCOME-PRETAX>                                (1,104)
<INCOME-TAX>                                        26
<INCOME-CONTINUING>                            (1,130)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,130)
<EPS-PRIMARY>                                   (0.07)
<EPS-DILUTED>                                   (0.07)
        

</TABLE>
<PAGE>

                                                                   EXHIBIT 10.3

                                 AMENDMENT TO
                              SEVERANCE AGREEMENT

     THIS AMENDMENT, dated as of March 1, 2000, is made by and between
Einstein/Noah Bagel Corp., a Delaware corporation (the "Company") and Gail
Lozoff (the "Executive").

     WHEREAS, the Company and the Executive are parties to a severance agreement
dated May 8, 1998, restated effective as of August 26, 1999 (the "Severance
Agreement"); and

     WHEREAS the Company has recently adopted an Amended and Restated Employee
Retention Program (the "Retention Program"); and

     WHEREAS, the Company and the Executive desire to confirm that the benefits
provided for under the Retention Program are in addition to those provided for
in the Severance Agreement;

     NOW, THEREFORE, in consideration of the premises and the mutual covenants
herein contained, the Company and the Executive hereby agree as follows:

     1.   Amendment.  The third sentence of Section 11 of the Severance
          ---------
Agreement is amended by changing the period at the end of the sentence to a
semicolon and adding to the sentence the following clause: "and provided
further, that, notwithstanding any other provision of this Agreement, the
Executive shall be entitled to receive any benefits provided for in the
Company's Amended and Restated Employee Retention Program on the terms and
subject to the conditions provided for therein."

     2.   Continuing Effect of Severance Agreement.  The Severance Agreement
          ----------------------------------------
shall remain in full force and effect, except as amended hereby.


                                        EINSTEIN/NOAH BAGEL CORP.



                                        By /s/ Paul A. Strasen
                                           ---------------------------


                                           /s/ Gail Lozoff
                                           ---------------------------
                                                   Gail Lozoff
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7246

UNITED STATES OF AMERICA, 

Plaintiff – Appellee, 

v. 

DWAYNE MCFADDEN, 

Defendant – Appellant. 

Appeal from the United States District Court for the District of 

South Carolina, at Florence. Terry L. Wooten, District Judge. 

(4:04-cr-00564-TLW-1; 4:07-cv-70091-TLW) 

Submitted: November 18, 2010 Decided: December 2, 2010

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior 

Circuit Judge. 

Dismissed by unpublished per curiam opinion. 

Dwayne McFadden, Appellant Pro Se. Rose Mary Sheppard Parham, 

Assistant United States Attorney, Florence, South Carolina, for 

Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
2

PER CURIAM: 

Dwayne McFadden seeks to appeal the district court’s 

order denying his 28 U.S.C.A. § 2255 (West Supp. 2010) motion. 

We dismiss the appeal for lack of jurisdiction because the 

notice of appeal was not timely filed. 

When the United States or its officer or agency is a 

party, the notice of appeal must be filed no more than sixty 

days after the entry of the district court’s final judgment or 

order, Fed. R. App. P. 4(a)(1)(B), unless the district court 

extends the appeal period under Fed. R. App. P. 4(a)(5), or 

reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he 

timely filing of a notice of appeal in a civil case is a 

jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 

214 (2007). 

The district court’s order was entered on the docket 

on October 20, 2009. The notice of appeal was filed on August 

11, 2010.*

 * For the purpose of this appeal, we assume that the date 

appearing on the notice of appeal is the earliest date it could 

have been properly delivered to prison officials for mailing to 

the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 

U.S. 266, 276 (1988). 

 Because McFadden failed to file a timely notice of 

appeal or to obtain an extension or reopening of the appeal 

period, we dismiss the appeal. We dispense with oral argument 

because the facts and legal contentions are adequately presented 
3

in the materials before the court and argument would not aid the 

decisional process. 

DISMISSED
No. 11-10722.

#### Johnson *v.*Cate, Secretary, California Department of Corrections and Rehabilitation, et al.

C. A. 9th Cir. Motion of petitioner for leave to proceed *in forma pau-peris*denied, and certiorari dismissed. See this Court’s Rule 39.8.
# Official Journal L 269/2015

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 269 |
| | |
| English edition | Legislation | Volume 5815 October 2015 |

ISSN 1977-0677

Official Journal

of the European Union

L 269

English edition

Legislation

Volume 5815 October 2015

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | DECISIONS |
| | * | Commission Decision (EU) 2015/1824 of 23 July 2014 on the measures taken by Germany with regard to Airport Niederrhein (Weeze) und Flughafen Niederrhein GmbH — SA.19880 and SA.32576 (ex NN/2011, ex CP/2011)
  (notified under document C(2014) 5084)

   (
  1
  ) | 1 |
| | * | Commission Decision (EU) 2015/1825 of 31 July 2014 on non-notified State aid SA.34791 (2013/C) (ex 2012/NN) — Belgium — Rescue aid for Val Saint-Lambert SA
  (notified under document C(2014) 5402)

   (
  1
  ) | 47 |
| | * | Commission Decision (EU) 2015/1826 of 15 October 2014 on the State aid SA.33797 — (2013/C) (ex 2013/NN) (ex 2011/CP) implemented by Slovakia for NCHZ
  (notified under document C(2014) 7359)

   (
  1
  ) | 71 |
| | * | Commission Decision (EU) 2015/1827 of 23 March 2015 on State aid SA 28876 (12/C) (ex CP 202/09) implemented by Greece for Piraeus Container Terminal SA & Cosco Pacific Limited
  (notified under document C(2015) 66)

   (
  1
  ) | 93 |

Contents

II   Non-legislative acts

page

DECISIONS

*

Commission Decision (EU) 2015/1824 of 23 July 2014 on the measures taken by Germany with regard to Airport Niederrhein (Weeze) und Flughafen Niederrhein GmbH — SA.19880 and SA.32576 (ex NN/2011, ex CP/2011)
  (notified under document C(2014) 5084)

   (
  1
  )

(notified under document C(2014) 5084)

1

1

*

Commission Decision (EU) 2015/1825 of 31 July 2014 on non-notified State aid SA.34791 (2013/C) (ex 2012/NN) — Belgium — Rescue aid for Val Saint-Lambert SA
  (notified under document C(2014) 5402)

   (
  1
  )

(notified under document C(2014) 5402)

1

47

*

Commission Decision (EU) 2015/1826 of 15 October 2014 on the State aid SA.33797 — (2013/C) (ex 2013/NN) (ex 2011/CP) implemented by Slovakia for NCHZ
  (notified under document C(2014) 7359)

   (
  1
  )

(notified under document C(2014) 7359)

1

71

*

Commission Decision (EU) 2015/1827 of 23 March 2015 on State aid SA 28876 (12/C) (ex CP 202/09) implemented by Greece for Piraeus Container Terminal SA & Cosco Pacific Limited
  (notified under document C(2015) 66)

   (
  1
  )

(notified under document C(2015) 66)

1

93

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
Exhibit 31.1   CERTIFICATION  I, Stan Larson, President and Chief Executive Officer of Trudy Corporation, (the "Company") certify that:  1. I have reviewed this Report on Form 10-Q (the "Report") of the Company for the three month period ended December 30, 2010.  2. Based on my knowledge, this Report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this Report;  3. Based on my knowledge, the financial statements, and other financial information included in this Report, fairly present in all material respects the financial condition, results of operations and cash flows of the Company as of, and for, the periods presented in this Report;  4. The Companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:  a. designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this Report is being prepared;  b. evaluated the effectiveness of the Company's disclosure controls and procedures and presented in this Report my conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this Report based on such evaluation; and  c. disclosed in this Report any change in the Company's internal control over financial reporting that occurred during the Company's most recent fiscal year that has materially affected, or is reasonably likely to materially affect, the Company's internal control over financial reporting.  5. The Companys other certifying officer and I have disclosed, based on the most recent evaluation of internal control over financial reporting, to the Company's auditors and the audit committee of the Company's board of directors:  a. all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the Company's ability to record, process, summarize and report financial information; and  b. any fraud, whether or not material, that involves management or other employees who have a significant role in the Company's internal control over financial reporting.    Date: February 22, 2011  By: /s/ Stan Larson Stan Larson, Chief Executive Officer
## IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE MELISSA JANE

(NICHOLS)

STEEN v. EV

ANS HARRINGTON ST EEN General Sessions Court for Wilson County

No. 4099 No. M2000-00313-COA-R3-CV - Filed June 21, 2001
ORDER The appellee has filed a Petition for Reh ear ing. Afte r careful considera

tion, we deny

the appellee’s petition. Appellee bases his petition on his belief that this court’s opinion is not supported by the fact

s of the c ase and tha

t this court did not

properly weigh the t

rial cour t’s asse ssment of t

he witnesses’ credibil

ity. Thi s court overturned the decision of the trial court, and held that the mother should have primary custody of the children. The appellee argues that the parents had equal time with the children after the divorc

e in 1994 except for an eight-week period until the terms under the divorce decree were enforced in 1998. The evidence in the re

cor d shows that th e children resi ded for a majority

of the time with t

heir mother. Although there was evidence that the father spent a great deal of time with the ch ildren, the majority of their sl eeping and waki

ng moment

s were spen t in thei r moth er’s care . As we

stated i n our opinion, there is a pres

umption in f

avor of cont

inuity of place ment when all other factors are equal. Placencia v. Placencia , 3 S.W.3d 497 (Tenn. Ct. App. 1 999). The evidence presented to the trial court showed all the factors to be equal. Therefore, primary custody should rest with the mother. Appellee also argues that this cour t did not give proper

deference

to the t rial cour t’s asse ssment of witness credibility. The trial court did not discred it the testimony of any witnesses. In fact, the trial court found that one of the witnesses for the mother was especially credible. For these reasons we deny the appellee’s petition for rehearing.

__________________________________ _______ BEN H. CANTRELL , PRESI DING JUDGE, M.S
.

__________________________________ _______ WILL IAM B. CAIN, JUDGE

__________________________________ _______ PATRIC IA J. COTTRELL, JUDGE
I 

114TH CONGRESS 

2D SESSION H. R. 6426 

To amend title 5, United States Code, to provide for a 2 year prohibition 

on employment in a career civil service position for any former political 

appointee, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 2, 2016 

Mr. BUCK introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform 

A BILL 

To amend title 5, United States Code, to provide for a 

2 year prohibition on employment in a career civil service 

position for any former political appointee, and for other 

purposes. 

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

3 SECTION 1. TEMPORARY PROHIBITION ON EMPLOYMENT 

4 OF POLITICAL APPOINTEES IN CAREER CIVIL 

5 SERVICE POSITIONS. 

6 (a) IN GENERAL.—Subchapter I of chapter 31 of title 

7 5, United States Code, is amended by adding at the end 

8 the following: 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 6426 IH

1 ‘‘§ 3115. Employment of former political appointees; 

2 restrictions 

3 ‘‘(a) An individual occupying a political position in 

4 the civil service may not be appointed to a career position 

5 in the civil service during the period of 2 years imme6 diately following the date the individual separates from 

7 such political position. 

8 ‘‘(b) In this section— 

9 ‘‘(1) the term ‘political position’ means— 

10 ‘‘(A) a position which has been excepted 

11 from the competitive service by reason of its 

12 confidential, policy-determining, policy-making, 

13 or policy-advocating character; or 

14 ‘‘(B) a position in the Senior Executive 

15 Service as a limited term appointee, limited 

16 emergency appointee, or noncareer appointee 

17 (as those terms are defined in paragraphs (5), 

18 (6), and (7), respectively, of section 3132(a)); 

19 and 

20 ‘‘(2) the term ‘career position’ means— 

21 ‘‘(A) a position in the competitive service; 

22 or 

23 ‘‘(B) a position in the the Senior Executive 

24 Service as a career appointee (as that term is 

25 defined in section 3132(a)(4)).’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•HR 6426 IH

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 of chapter 31 of title 5, United States Code, is amended 

3 by adding after the item relating to section 3114 the fol4 lowing: 

‘‘3115. Employment of former political appointees; restrictions.’’. 

5 (c) APPLICATION.—The amendment made by sub6 section (a) shall apply to any individual who separates 

7 from a political position (as that term is defined in section 

8 3115 of title 5, United States Code, as added by such sub9 section) after the date of enactment of this Act. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 95 Agreed to Senate (ATS)]

  1st Session
S. RES. 95

   Making minority party appointments to the Committee on Energy and 
       Natural Resources, and the Committee on Veterans' Affairs

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               March 28 (legislative day, March 27), 1995

 Mr. Daschle submitted the following resolution; which was considered 
                             and agreed to

_______________________________________________________________________

                               RESOLUTION

 
   Making minority party appointments to the Committee on Energy and 
       Natural Resources, and the Committee on Veterans' Affairs

    Resolved, That the following shall constitute the minority party's 
membership on the following Senate committees for the 104th Congress, 
or until their successors are appointed:
    Energy and Natural Resources: Mr. Johnston, Mr. Bumpers, Mr. Ford, 
Mr. Bradley, Mr. Bingaman, Mr. Akaka, Mr. Wellstone, Mr. Heflin, and 
Mr. Dorgan.
    Veterans' Affairs: Mr. Rockefeller, Mr. Graham, Mr. Akaka, Mr. 
Dorgan, and Mr. Wellstone.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE Q3
1996 10Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          26,609
<SECURITIES>                                         0
<RECEIVABLES>                                    4,352
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                33,377
<PP&E>                                           2,122
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  35,827
<CURRENT-LIABILITIES>                            4,921
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      30,830
<TOTAL-LIABILITY-AND-EQUITY>                    35,827
<SALES>                                         17,802
<TOTAL-REVENUES>                                17,802
<CGS>                                            8,665
<TOTAL-COSTS>                                    8,655
<OTHER-EXPENSES>                                 7,556
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,042
<INCOME-TAX>                                       601
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,441
<EPS-PRIMARY>                                      .20
<EPS-DILUTED>                                      .20
        

</TABLE>
H. Con. Res. 238 Agreed to March 18, 1998

One Hundred Fifth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-seventh day of January, one thousand nine hundred and ninety-eight

Concurrent Resolution

Resolved by the House of Representatives (the Senate concurring),

SECTION 1. AUTHORIZATION OF BREAST CANCER SURVIVORS EVENT

ON CAPITOL GROUNDS.

The National Race for the Cure (referred to in this resolution

as the ‘‘Race’’) may sponsor a public event on the Capitol Grounds

on April 1, 1998, or on such other date as the Speaker of the

House of Representatives and the President pro tempore of the

Senate may jointly designate.

SEC. 2. CONDITIONS.

(a) IN GENERAL.—The event to be carried out under this

resolution shall be—

(1) free of admission charge to the public; and

(2) arranged not to interfere with the needs of Congress

and under conditions to be prescribed by the Architect of the

Capitol and the Capitol Police Board.

(b) RESPONSIBILITY.—The Race shall assume full responsibility

for all expenses and liabilities incident to all activities associated

with the event.

SEC. 3. STRUCTURES AND EQUIPMENT.

For the purposes of this resolution, the Race may erect upon

the Capitol Grounds, subject to the approval of the Architect of

the Capitol, such stage, sound amplification devices, commemorative

pink ribbon and other related structures and equipment as may

be required for the event to be carried out under this resolution.

SEC. 4. ADDITIONAL ARRANGEMENTS.

The Architect of the Capitol and the Capitol Police Board

may make any such additional arrangements that may be required

to carry out the event under this resolution.

SEC. 5. APPLICABILITY OF PROHIBITIONS.

Nothing in this resolution may be construed to waive the

applicability of the prohibitions established by section 4 of the
H. Con. Res. 238—2

Act of July 31, 1946 (chapter 707; 60 Stat. 718), concerning sales,

displays and solicitations on the Capitol Grounds.

Attest:

Clerk of the House of Representatives.

Attest:

Secretary of the Senate.