alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6016
LARRY EUGENE SMITH, JR., Plaintiff - Appellant, versus COLBERT L. REPASS; BEN PILLMON, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (CA-96-853-5-BO) Submitted: June 19, 1997 Decided: June 27, 1997 Before WILKINS and MICHAEL, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Larry Eugene Smith, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court order dismissing hisclaims of loss of good time credits and segregation after a physical altercation with prison guards. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1994), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1994); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order. We dismiss the appeal as interlocutory. 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
<PAGE>

                                                                    Exhibit 10.1

                              AMENDMENT NUMBER ONE
                                     TO THE
                          BAY VIEW CAPITAL CORPORATION
                                  BAY VIEW BANK
                     STOCK IN LIEU OF CASH COMPENSATION PLAN
                           FOR NON-EMPLOYEE DIRECTORS

The Bay View Capital Corporation Bay View Bank Stock in Lieu of Cash
Compensation Plan for Non-Employee Directors (the "Plan") is hereby amended
pursuant to the authority granted under Section 11.3 of the Plan as follows:

         1.       Section 6.1 shall be and is hereby amended by adding the
following paragraph at the conclusion thereof:

         Effective November 1, 2002, the mandatory deferral of 20% (or, as per
section 6.6, 50%) of each Participant's Fees as provided by this section 6.1
shall cease. No deferrals shall be made with respect to Fees payable for periods
beginning on and after November 1, 2002.

         2.       Section 6.2 shall be and is hereby amended by adding the
following paragraph at the conclusion thereof:

         Effective November 1, 2002, no Participant may make an election as
provided in this section 6.2 to voluntarily defer Fees under the Plan. An
existing irrevocable election shall be honored for Fees payable for periods
ending before November 1, 2002. No Fees payable for periods beginning on and
after November 1, 2002 shall be deferred under the Plan.

         3.       Section 6.3 shall be and is hereby amended by adding the
following paragraph at the conclusion thereof:

         The provisions of this section 6.3 are effective for elections made for
Fees payable for periods ending before November 1, 2002. Effective November 1,
2002, no new elections shall be made and existing elections shall be no longer
effective.

         4.       Section 6.6 shall be and is hereby amended by adding the
following paragraph at the conclusion thereof:

         The provisions of this section 6.6 are effective for Fees payable for
periods ending before November 1, 2002 and not effective for Fees payable for
periods beginning on and after November 1, 2002.

The Plan is hereby reaffirmed in all respects, subject to the changes mandated
by this Amendment Number One.

                                       1

<PAGE>

                                                                    Exhibit 10.1

This Amendment Number One to the Bay View Capital Corporation Bay View Bank
Stock in Lieu of Cash Compensation Plan for Non-Employee Directors is executed
on this _____ day of ____________________, 2002 and shall be effective as of
November 1, 2002.

                                                THE COMPANY

                                                Bay View Capital Corporation
                                                A Delaware Corporation

                                                By: ____________________________

                                                Title: _________________________

                                       2
I 

109TH CONGRESS 

2D SESSION H. R. 5615 

To amend title II of the Social Security Act to waive the 24-month waiting 

period for Medicare coverage of individuals disabled with distant stage cancer. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 14, 2006 

Mr. PALLONE (for himself and Mr. STARK) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend title II of the Social Security Act to waive the 

24-month waiting period for Medicare coverage of individuals disabled with distant stage cancer. 

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; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Dean Gallo Cancer Patient Compassion Act of 2006’’. 

6 (b) FINDINGS.—Congress finds the following: 

7 (1) It is estimated that over 1,300,000 new 

8 cases of cancer are diagnosed each year. 

9 (2) Roughly, 86,000 or 7 percent of all diag10 nosed cancer patients have no health insurance. 


sroberts on PROD1PC70 with BILLS
2 

•HR 5615 IH

1 (3) Lung and colorectal cancers alone account 

2 for over a quarter of all new cases of cancer. 

3 (4) The 5-year survival rate for individuals with 

4 distant stage lung cancers is 3 percent. 

5 (5) The 5-year survival rate for individuals with 

6 distant stage colorectal cancer is 9 percent. 

7 (6) Individuals suffering from cancer who re8 ceive Social Security Disability benefits must wait 

9 24 months for Medicare eligibility. 

10 SEC. 2. WAIVER OF 24-MONTH WAITING PERIOD FOR MEDI11 CARE COVERAGE OF INDIVIDUALS DISABLED 

12 WITH CANCER. 

13 (a) IN GENERAL.—Section 226(h) of the Social Secu14 rity Act (42 U.S.C. 426(h)) is amended— 

15 (1) by redesignating paragraphs (1), (2), and 

16 (3), as subparagraphs (A), (B), and (C), respec17 tively; 

18 (2) by inserting ‘‘(1)’’ after ‘‘(h)’’; 

19 (3) in the matter preceding subparagraph (A) 

20 of paragraph (1), as so redesignated, by striking ‘‘an 

21 individual medically determined to have amyotrophic 

22 lateral sclerosis (ALS)’’ and inserting ‘‘an individual 

23 described in paragraph (2)’’; and 

24 (4) by adding at the end the following new 

25 paragraph: 


sroberts on PROD1PC70 with BILLS
3 

•HR 5615 IH

1 ‘‘(2) For purposes of paragraph (1), an indi2 vidual described in this paragraph is any of the fol3 lowing: 

4 ‘‘(A) An individual medically determined to 

5 have amyotrophic lateral sclerosis (ALS). 

6 ‘‘(B) An individual medically determined to 

7 have stage III or IV cancer who is not enrolled, 

8 or who may not be enrolled, in a group health 

9 plan described in section 1862(b)(1)(A)(v), or a 

10 large group health plan described in section 

11 1862(b)(1)(B)(iii), by reason of the individual’s 

12 current or former employment or by reason of 

13 the current or former employment status of a 

14 member of the individual’s family.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to benefits for months beginning 

17 after the date of the enactment of this Act. 

Æ 


sroberts on PROD1PC70 with BILLS
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                       18 UNITED STATES CODE SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Mera Pharmaceuticals, Inc. (the
"Company") on Form 10-KSB for the period ended October 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), each
of the undersigned, in their capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopbed pursuant to Se4ction
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 the results of operations of the Company.


                                      /s/ Daniel P. Beharry
                                      ---------------------
                                      Daniel P. Beharry
                                      Chief Executive Officer

                                      February 15, 2005


                                      /s/ Anthony E. Applebaum
                                      ------------------------
                                      Anthony E. Applebaum
                                      Principal Financial and Accounting Officer

                                      February 15, 2005
##### 



EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION.1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities 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
Company.
 Date: November 7, 2006
    
    /s/ KEVIN ARMSTRONG

Kevin ArmstrongChief Executive OfficerDate: November 7, 2006
    
    /s/ WILLIAM KOZIEL

William KozielChief Financial Officer
   32
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Notices]
[Page 11765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5903]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,003]


NEPTCO, Incorporated, Lenoir, NC; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on January 27, 2009 in response to a 
petition filed by a company official on behalf of workers NEPTCO, 
Incorporated, Lenoir Division, Lenoir, North Carolina.
    The petitioner has requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 10th day of March 2009.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E9-5903 Filed 3-18-09; 8:45 am]
BILLING CODE 4510-FN-P
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 18-2447

___________________________

Brad S. Francis; Christine C. Francis

lllllllllllllllllllllAppellants

v.

Commissioner of Internal Revenue

lllllllllllllllllllllAppellee

____________

Appeal from The United States Tax Court 

____________

Submitted: May 6, 2019

Filed: May 9, 2019

[Unpublished]

____________

Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges.

____________

PER CURIAM.

Brad and Christine Francis appeal from the tax court’s dismissal--for lack of 1

prosecution--of their challenge to the Commissioner of Internal Revenue’s notice

asserting an income deficiency for 2013. Following a careful review, we conclude

The Honorable L. Paige Marvel, Chief Judge, United States Tax Court. 1
that the tax court had jurisdiction over the case, see Walters v. United States, 474

F.3d 1137, 1139 (8th Cir. 2007) (lower court’s determination of jurisdiction is

reviewed de novo); and did not abuse its discretion by dismissing the case for lack of

prosecution, see Long v. Comm’r, 742 F.2d 1141, 1143 (8th Cir. 1984) (per curiam)

(tax court’s dismissal for failure to prosecute is reviewed for abuse of discretion). 

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
* Local Rule 47.5.1 provides: "The publication of

opinions that merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-40297 Conference Calendar

__________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus DERRICK KRISTIAN GARRETT, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:94-CR-58-3

- - - - - - - - - - December 19, 1995 Before DAVIS, STEWART, and PARKER, Circuit Judges. PER CURIAM: * Appellant appeals the sentencing portion of his conviction for possession with intent to distribute cocaine. He argues that the district court erred: (1) in denying him a downward adjustment for his minimal or minor role in the offense; (2) in denying him a downward adjustment for his acceptance of responsibility; and (3) in determining his criminal history scoreNo. 95-40297 -2- and category. We have reviewed the record and find no clear error in the district court's findings. AFFIRMED.
Exhibit 31.1

                                 CERTIFICATIONS

     I,  Geoffrey  Eiten,  certify  that:

          1.     I have reviewed this annual report on Form 10-KSB of Mason Hill
Holdings,  Inc.

          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
registrant  as  of,  and  for,  the  periods  presented  in  this  report.

          4.     The  registrant's  other  certifying  officers  and  I  are
responsible  for establishing and maintaining disclosure controls and procedures
(as  defined  in  Exchange  Act  rules 13a-14 and 15d-14) for the registrant and
have:

     A)     designed  such  disclosure  controls  and  procedures to ensure that
material  information  relating  to  the  registrant, including its consolidated
subsidiaries,  is made known to us by others within those entities, particularly
during  the  period  in  which  this  report  is  being  prepared;

     B)     evaluated  the effectiveness of the registrant's disclosure controls
and  procedures  as  of  a  date within 90 days prior to the filing date of this
report  (the  "evaluation  date");  and

     C)     presented  in  this  quarterly  report  our  conclusions  about  the
effectiveness  of the disclosure controls and procedures based on our evaluation
as  of  the  evaluation  date;

          5.     The  registrant's  other  certifying  officers  and  I  have
disclosed, based on our most recent evaluation, to the registrant's auditors and
the  audit  committee  of registrant's board of directors (or persons performing
the  equivalent  functions):

     A)     all  significant deficiencies in the design or operation of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and  have  identified for the
registrant's  auditors  any  material  weaknesses  in  internal  controls;  and

     B)     any  fraud,  whether  or  not  material, that involves management or
other  employees  who  have  a  significant  role  in  the registrant's internal
controls.

          6.     The registrant's other certifying officers and I have indicated
in  this  report  whether  or  not  there  were  significant changes in internal
controls  or  in other factors that could significantly affect internal controls
subsequent  to  the date of our most recent evaluation, including any corrective
actions  with  regard  to  significant  deficiencies  and  material  weaknesses.


     Date:     July  8,  2005

     /s/  Geoffrey  Eiten
     --------------------
     Geoffrey  Eiten
     President
RE: FPL Port Everglades US Fish and Wildlife Consultation

Flajole, Andy to: Andrew Parks 05/07/2012 09:15 AM

Hi Andrew,

FPL does not have a point of contact with the Sun‐Sentinel as we use an agency for these type of

publications.  Sorry I couldn’t be of more help.

Thank You,

Andy Flajole

Juno Environmental Services

(561) 691‐2766

From: Andrew Parks [mailto:Parks.Andrew@epamail.epa.gov] 

Sent: Thursday, May 03, 2012 1:18 PM

To: Flajole, Andy; Kosky, Ken

Cc: Gregg Worley; Heather Ceron; Kathleen Forney

Subject: FPL Port Everglades US Fish and Wildlife Consultation

Hi Andy, please see the below email from US Fish and Wildlife regarding the request for informal 

consultation and their determination. Feel free to contact me or Winston Hobgood with FWS regarding 

any addition issues related to this matter.

Sincerely,

Andrew B. Parks, P.E.

Environmental Engineer

U.S. Environmental Protection Agency

Region IV

61 Forsyth Street, SW

Atlanta, GA 30303

Phone: 404-562-8122

Fax: 404-562-9019

----- Forwarded by Andrew Parks/R4/USEPA/US on 05/03/2012 01:15 PM -----

From: Winston_Hobgood@fws.gov

To: Andrew Parks/R4/USEPA/US@EPA

Date: 05/03/2012 01:11 PM

Subject: FPL Port Everglades Next Generation Clean Energy Center
Dear Mr. Parks,

The U.S, Fish and Wildlife Service has received your request for informal 

consultation, dated February 22, 2012. The above-referenced project involves the 

replacement of four existing oil-fired generators with one natural gas-fired 1,250 

megawatt unit. The proposed replacement will result in net decreases of sulphur 

dioxide, particulate matter, nitrogen oxides, and lead and net increases of carbon 

monoxide, volatile organic compounds, and greenhouse gasses. Florida Power and 

Light (FPL), as the Region 4 Environmental Protection Agency's non-Federal 

agent, has concluded that "No adverse impacts to federal or state listed species are 

expected in association with construction..." FPL has agreed to comply with the 

Manatee Protection Plan for 3 years. The Service supports FPL's determination.

Thank you for your cooperation in the effort to conserve fish and wildlife 

resources. If you have any questions regarding this email, please contact Winston 

Hobgood at 772-469-4306.

Sincerely yours,

Winston Hobgood 

US Fish and Wildlife Service

1339 20th Street

Vero Beach, Florida 32960
EXHIBIT 31.2 

 

**CERTIFICATIONS**

 

I, J. Roe Buckley, Chief Financial Officer of Mewbourne Development Corporation, Managing General Partner of Mewbourne Energy Partners 03-A, L.P. (the“Registrant”), certify that: 

 

1. I have reviewed this quarterlyreport on Form 10-Q of Mewbourne Energy Partners 03-A, L.P. 

 

2. Based on myknowledge, this quarterly 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 misleadingwith respect to the period covered by this quarterly report; 

 

3. Based on myknowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, theperiods presented in this quarterly report; 

 

4. The registrant’s othercertifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have: 

 

(a) designed such disclosure controls and procedures to ensure that materialinformation relating to the registrant is made known to us particularly during the period in which this quarterly report is being prepared; 

 

(b) evaluated the effectiveness of the registrant’s disclosure controls and procedures as of a date within 90 days prior to the filing date of thisquarterly report (the “Evaluation Date”); and 

 

(c)presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date; 

 

5. The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function): 

 

(a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant’s ability to record,process, summarize and report financial data and have identified for the registrant’s auditors any material weaknesses in internal controls; and 

 

(b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internalcontrols; and 

 

6. The registrant’s other certifying officers and I haveindicated in this quarterly report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date or our most recent evaluation, including anycorrective actions with regard to significant deficiencies and material weaknesses. 

 

Date: November 14, 2005
TELEPHONE CONTACT SUMMARY 

Brick and Structural Clay Products 

FROM: Kristin Sroka 

 RTI International 

DATE OF CONTACT: May 6 and 7, 2015 

PERSON/ORGANIZATION CONTACTED: 

J. R. Holton 

Secretary 

Lee Brick and Tile Company 

3704 Hawkins Avenue 

P. O. Box 1027 

Sanford, NC 27330 

919-774-4800 

John Burns, consultant (retired) 

PURPOSE OF CONTACT: 

To obtain additional information on the test results for two tunnel kilns at the Sanford, 

North Carolina facility. 

SUMMARY OF CONTACT: 

Mr. Houlton was contacted for information regarding the PM emissions results 

obtained from a 2005 stack test on tunnel kiln ES-K3 (uncontrolled) and a 2007 stack test 

on tunnel kiln ES-K4 (controlled with a dry limestone adsorber (DLA)), and to request 

any more recent data that the company may have for these kilns. Mr. Houlton referred the 

question to John Burns, a former consultant for the company who is now retired. Mr. 

Houlton requested copies of the test reports for the kilns (see email correspondence in 

Docket ID No. EPA-HQ-OAR-2013-0291). Once he received and reviewed the reports, 

he noted that tests were fairly old so it was hard to know for sure, but the kilns appeared 

to have been operating under normal conditions during the tests. He suggested it was 

theoretically possible that the results could have been affected by where the kiln was in 

its push cycle (i.e., whether a new car of brick had just been loaded into the kiln) but did 

not know for sure if that was the case. He also stated that only the ES-K3 kiln is currently 

operating, and it has not been tested for PM recently but a new test is planned for later 

this year. The company also plans to test ES-K4 whenever it restarts.