alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### FRANK ARAUJO, Jr., *ET*AL., PLAINTIFFS-RESPONDENTS, v. GRAY SUPPLY CORPORATION, DEFENDANT-PETITIONER.

September 19, 1960.

*Messrs. Shaw, Pindar, McElroy, Connell & Foley*for the petitioner.

*Messrs. James Wyckoff*and *Mr. Charles A. Sweeney*for the respondents.

Denied.
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements on Form S-8 (File No. 333-106441, 333-98765, 333-62868,333-38072, 333-33946, 333-91451, 333-88719, 333-85031, 333-53153, 333-52349, 333-52347, 333-52345, 333-116661) and Form S-3 (No. 333-85628 and 333-128145) of our reports dated February 28, 2005, with respect to the consolidated financial statementsand schedule of Visual Networks, Inc*.* and management’s annual report on internal control over financial reporting included in the Annual Report on Form 10-K/A for the year ended December 31, 2004. 

 

/s/ Grant Thornton LLP 

 

Vienna, Virginia 

October 24, 2005 

 

47
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Condensed Consolidated Balance Sheet as of March 31, 2000, the Condensed
Consolidated Statement of Operations for the three months ended March 31, 2000
and is qualified in its entirety by reference to such statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          24,854
<SECURITIES>                                         0
<RECEIVABLES>                                      848
<ALLOWANCES>                                         0
<INVENTORY>                                        968
<CURRENT-ASSETS>                                28,164
<PP&E>                                         173,109
<DEPRECIATION>                                  39,955
<TOTAL-ASSETS>                                 226,770
<CURRENT-LIABILITIES>                           40,265
<BONDS>                                        132,622
<PREFERRED-MANDATORY>                           43,503
<PREFERRED>                                          1
<COMMON>                                        24,238
<OTHER-SE>                                    (30,628)
<TOTAL-LIABILITY-AND-EQUITY>                   226,770
<SALES>                                              0
<TOTAL-REVENUES>                                49,269
<CGS>                                                0
<TOTAL-COSTS>                                   44,600
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,614
<INCOME-PRETAX>                                  1,611
<INCOME-TAX>                                       784
<INCOME-CONTINUING>                                827
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       827
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
III 

112TH CONGRESS 

1ST SESSION S. RES. 255 

Designating October 8, 2011, as ‘‘National Chess Day’’ to enhance awareness 

and encourage students and adults to engage in a game known to 

enhance critical thinking and problem-solving skills. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2011 

Mr. ROCKEFELLER (for himself, Mr. ALEXANDER, and Mr. LEVIN) submitted 

the following resolution; which was considered and agreed to 

RESOLUTION 

Designating October 8, 2011, as ‘‘National Chess Day’’ to 

enhance awareness and encourage students and adults 

to engage in a game known to enhance critical thinking 

and problem-solving skills. 

Whereas there are more than 76,000 members of the United 

States Chess Federation (referred to in this preamble as 

the ‘‘Federation’’), and unknown numbers of additional 

people in the United States who play the game without 

joining an official organization; 

Whereas approximately 1⁄2 of the members of the Federation 

are scholastic members, and many of the scholastic members join by the age of 10; 

Whereas the Federation is very supportive of the scholastic 

programs and sponsors a Certified Chess Coach program 


jbell on DSKDVH8Z91PROD with BILLS
2 

•SRES 255 ATS 

that provides the coaches involved in the scholastic programs training and ensures schools and students can 

have confidence in the programs; 

Whereas many studies have linked chess programs to the improvement of student scores in reading and math, as well 

as improved self-esteem; 

Whereas the Federation offers a school curriculum to educators to help incorporate chess into the school curriculum; 

Whereas chess is a powerful cognitive learning tool that can 

be used to successfully enhance reading and math concepts; and 

Whereas chess engages students of all learning styles and 

strengths and promotes problem-solving and higher-level 

thinking skills: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates October 8, 2011, as ‘‘National 

3 Chess Day’’; and 

4 (2) encourages the people of the United States 

5 to observe ‘‘National Chess Day’’ with appropriate 

6 programs and activities. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
#### Alamgir AKOND, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-73108.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 19, 2011.

Stuart Irwin Folinsky, Law Office of Stuart I. Folinsky, Los Angeles, CA, for Petitioner.

OIL, Mary Jane Candaux, Assistant Director, Edward Earl Wiggers, Esquire, DOJ-U.S. Department of Justice, Washington, DC, District Counsel, Esquire, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Alamgir Akond, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of motions to reopen. *Iturri-barria v. INS,*321 F.3d 889, 894 (9th Cir.2003). We dismiss in part and deny in part the petition for review.

We lack jurisdiction to review Akond’s contention that the BIA should have tolled the time limitation on his motion to reopen because the BIA failed to address his prior motion to reopen filed in 2002. *See Barron v. Ashcroft,*358 F.3d 674, 677-78 (9th Cir.2004) (this court lacks jurisdiction to review contentions not raised before the agency).

The BIA did not abuse its discretion in denying Akond’s motion to reopen as untimely because the motion was filed more than five years after the BIA’s order dismissing the underlying appeal, *see*8 C.F.R. § 1003.2(c)(2) (motion to reopen generally must be filed within 90 days of *126the final order), and Akond failed to establish he acted with the due diligence required for equitable tolling of that deadline, *see Iturribarria,*321 F.3d at 897 (a petitioner may obtain equitable tolling based on ineffective assistance of counsel as long as “the petitioner acts with due diligence in discovering the deception, fraud, or error”). Moreover, the BIA did not abuse its discretion in finding that Akond failed to present material evidence of changed circumstances in Bangladesh to qualify for the regulatory exception to the time limit for filing motions to reopen. *See*8 C.F.R. § 1003.2(c)(3)(ii); *see also Toufighi v. Mukasey,*538 F.3d 988, 996 (9th Cir.2008) (requiring movant to produce material evidence with motion to reopen that conditions in country of nationality had changed).

PETITION FOR REVIEW DISMISSED in part; DENIED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**Exhibit 12.2**
**CERTIFICATION**
I, Paul William Fulton, certify that:
1. I have reviewed this annual report on Form 20-F of Lihir Gold Limited;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the company asof, and for, the periods presented in this report;
4. The company’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the company and we have:
(a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the company, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;
(b) [Omitted in accordance with the guidance of SEC Release No. 33-8238]
(c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
(d) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the period covered by the annualreport that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting;
5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent function):
(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
(b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: 29 June 2004                                                       /s/ Paul Fulton   Name:  Paul Fulton   Title:  General Manager Commercial
2010 Annual Incentive Awards



 EXHIBIT 10.8 
 Fiscal Year 2010 Annual Incentive Plan Criteria 
 The Annual Incentive
Plan rewards performance based upon consolidated, business unit and individual results. The named executive officers are assigned the following Target Award Percentage of their base salary for fiscal year 2010 Annual Incentive Awards: 
  

			
	 Level
	  	 Target Award Percentage

	 CEO
	  	110%
	 13
	  	95%
	 12
	  	75%
	 11
	  	65%

 Awards are based upon the consolidated results of the company and may be adjusted based upon overall
business unit and/or individual performance as illustrated in the table below: 
  

																	
	 Base Salary
	  	x	  	 Target Award Percentage
	  	x	  	 Payout Multiple
 of Target Award
 Percentage
	  	x	  	 Business Unit /Individual
 Factor
	  	=	  	Final Award
		  		  		  		  		  		  		  		  	

 The payout multiple of a participant’s Target Award Percentage, depending upon whether
threshold, target, distinguished or super-distinguished performance is achieved is as follows: 
 Payout Multiple of Target Award Percentage

  

				
	 Threshold
	  	25	% 
	 Target
	  	100	% 
	 Distinguished
	  	150	% 
	 Super-Distinguished
	  	200	% 

 The consolidated results of the company shall be measured based upon earning per share (EPS) and a
growth business adjustment for new businesses and growth opportunities.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 309 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
S. RES. 309

    Supporting the preservation of Internet entrepreneurs and small 
                              businesses.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2011

   Mr. Wyden (for himself, Ms. Ayotte, Mrs. Shaheen, Mr. Begich, Mr. 
Merkley, and Mr. Heller) submitted the following resolution; which was 
                  referred to the Committee on Finance

_______________________________________________________________________

                               RESOLUTION

 
    Supporting the preservation of Internet entrepreneurs and small 
                              businesses.

Whereas the United States enjoys a strong Internet retail market, which, for the 
        past decade, has provided consumers in the United States with the 
        opportunity to purchase quality products and services at competitive 
        prices;
Whereas the free Internet marketplace has enabled a large number of small 
        retailers and entrepreneurs across the Nation to establish and 
        strengthen businesses on various e-commerce platforms and therefore 
        protect and create jobs, increase consumer choice, create competition in 
        the retail industry, and provide quality goods and services at 
        reasonable and often discounted prices;
Whereas any Federal legislation that would upset the free and fair Internet 
        marketplace and allow State governments to impose new, onerous and 
        burdensome sales tax-collecting schemes on out-of-State, Internet-
        enabled small businesses would adversely impact hundreds of thousands of 
        jobs, reduce consumer choice, and impede the growth and development of 
        interstate commerce; and
Whereas at a time when national unemployment numbers are high and businesses 
        across the country are struggling to keep their doors open, the Federal 
        Government should promote pro-growth and pro-business policies instead 
        of enacting legislation that extracts additional taxes from our Nation's 
        Internet-enabled businesses: Now, therefore, be it
    Resolved, That it is the sense of the Senate that Congress should 
not enact any legislation that would grant State governments the 
authority to impose any new burdensome or unfair tax collecting 
requirements on small Internet businesses and entrepreneurs, which 
would ultimately hurt the economy of, and consumers in, the United 
States.
                                 <all>
```
S. J. Res. 8 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Wednesday, 

the fifth day of January, two thousand and eleven 

Joint Resolution 

Providing for the appointment of Stephen M. Case as a citizen regent of the 

Board of Regents of the Smithsonian Institution. 

Resolved by the Senate and House of Representatives of the

United States of America in Congress assembled, That, in accordance with section 5581 of the Revised Statutes (20 U.S.C. 43), 

the vacancy on the Board of Regents of the Smithsonian Institution, 

in the class other than Members of Congress, occurring by reason 

of the resignation of Phillip Frost of Florida is filled by the appointment of Stephen M. Case of Virginia. The appointment is for a 

term of 6 years, effective on the date of enactment of this joint 

resolution. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
<PAGE>

                                                                   Exhibit 23.1
                                       



                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement 
(Form S-8) pertaining to the 1995 Employee Stock Option Plan for RAC 
Financial Group, Inc., the 1995 Nonemployee Director Stock Option Plan for 
RAC Financial Group, Inc., the 1995 Employee Stock Purchase Plan for RAC 
Financial Group, Inc., the Stock Option Agreement for Dan Marino, the Stock 
Option Agreement for Charles T. Owens, and the Stock Option Agreement for 
Ralph Stringer, the Registration Statement (Form S-3 No. 333-37715) of 
FIRSTPLUS Financial Group, Inc. and related Prospectus, the Registration 
Statement (Form S-3 No. 333-37945) of FIRSTPLUS Financial Group, Inc. and 
related Prospectus, and the Registration Statement (Form S-3 No. 333-40851) 
of FIRSTPLUS Financial Group, Inc. and related Prospectus, of our report 
dated October 30, 1997, with respect to the consolidated financial statements 
of FIRSTPLUS Financial Group, Inc. and subsidiaries included in the Annual 
Report (Form 10-K) for the year ended September 30, 1997.



                                       /s/ ERNST & YOUNG LLP

Dallas, Texas
December 8, 1997
III 

112TH CONGRESS 

1ST SESSION S. RES. 104 

Designating September 2011 as ‘‘Campus Fire Safety Month’’. 

IN THE SENATE OF THE UNITED STATES 

MARCH 17, 2011 

Mr. LAUTENBERG (for himself, Ms. COLLINS, Mr. LEVIN, Mr. SANDERS, and 

Mr. MENENDEZ) submitted the following resolution; which was referred 

to the Committee on the Judiciary 

RESOLUTION 

Designating September 2011 as ‘‘Campus Fire Safety 

Month’’. 

Whereas, each year, States across the Nation formally designate September as Campus Fire Safety Month; 

Whereas, since January 2000, at least 143 people, including 

students, parents, and children have died in campus-related fires; 

Whereas 85 percent of those deaths occurred in off-campus 

residences; 

Whereas a majority of college students in the United States 

live in off-campus residences; 

Whereas a number of fatal fires have occurred in buildings 

in which the fire safety systems had been compromised 

or disabled by the occupants; 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•SRES 104 IS 

Whereas automatic fire alarm systems provide the early 

warning of a fire that is necessary for occupants and the 

fire department to take appropriate action; 

Whereas automatic fire sprinkler systems are a highly effective method of controlling or extinguishing a fire in its 

early stages, protecting the lives of the building’s occupants; 

Whereas many college students live in off-campus residences, 

fraternity and sorority housing, and residence halls that 

are not adequately protected with automatic fire sprinkler 

systems and automatic fire alarm systems; 

Whereas fire safety education is an effective method of reducing the occurrence of fires and reducing the resulting loss 

of life and property damage; 

Whereas college students do not routinely receive effective 

fire safety education during their time in college; 

Whereas it is vital to educate young people in the United 

States about the importance of fire safety to help ensure 

fire-safe behavior by young people during their college 

years and beyond; and 

Whereas, by developing a generation of fire-safe adults, future loss of life from fires may be significantly reduced: 

Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates September 2011 as ‘‘Campus 

3 Fire Safety Month’’; and 

4 (2) encourages administrators of institutions of 

5 higher education and municipalities across the coun6 try— 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•SRES 104 IS 

1 (A) to provide educational programs to all 

2 students during September and throughout the 

3 school year; 

4 (B) to evaluate the level of fire safety 

5 being provided in both on- and off-campus stu6 dent housing; and 

7 (C) to ensure fire-safe living environments 

8 through fire safety education, installation of fire 

9 suppression and detection systems, and the de10 velopment and enforcement of applicable codes 

11 relating to fire safety. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
#### Dananai A. McCARTHY, Appellant, v. Captain PATREY; Lt. Carter; Sheriff Ferguson; Nurse Sue McDonald, Appellees.

No. 08-1414.

United States Court of Appeals, Eighth Circuit.

Submitted: Dec. 30, 2008.

Filed: Jan. 16, 2009.

Before MURPHY, BYE, and BENTON, Circuit Judges.

PER CURIAM.

Dananai A. McCarthy appeals following the district court’s1 adverse grant of summary judgment in his 42 U.S.C. § 1983 action. McCarthy has provided no basis for overturning the district court’s well-reasoned opinion, and we find none. *See Popoalii v. Corr. Med. Servs.,*512 F.3d 488, 499 (8th Cir.2008) (de novo review). Accordingly, we affirm. *See*8th Cir. R. 47B.

1

. The Honorable Jimm Larry Hendren, Chief Judge, United States District Court for the Western District of Arkansas.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 308 Agreed to Senate (ATS)]

112th CONGRESS
  1st Session
S. RES. 308

       Designating November 27, 2011, as ``Drive Safer Sunday''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2011

 Mr. Isakson (for himself, Mr. Pryor, and Mr. Chambliss) submitted the 
        following resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
       Designating November 27, 2011, as ``Drive Safer Sunday''.

Whereas motor vehicle travel is the primary means of transportation in the 
        United States;
Whereas every individual traveling on the roads and highways needs to drive in a 
        safer manner to reduce deaths and injuries that result from motor 
        vehicle accidents;
Whereas according to the National Highway Traffic Safety Administration, wearing 
        a seat belt saves more than 15,000 lives each year;
Whereas the Senate wants all people of the United States to understand the life-
        saving importance of wearing a seat belt and encourages motorists to 
        drive safely, not just during the holiday season, but every time they 
        get behind the wheel; and
Whereas the Sunday after Thanksgiving is the busiest highway traffic day of the 
        year: Now, therefore, be it
    Resolved, That the Senate--
            (1) encourages--
                    (A) high schools, colleges, universities, 
                administrators, teachers, primary schools, and 
                secondary schools to launch campus-wide educational 
                campaigns to urge students to be focused on safety when 
                driving;
                    (B) national trucking firms to alert their drivers 
                to be especially focused on driving safely on the 
                Sunday after Thanksgiving, and to publicize the 
                importance of the day through use of Citizen's Band 
                (``CB'') radios and truck stops across the Nation;
                    (C) clergy to remind their members to travel safely 
                when attending services and gatherings;
                    (D) law enforcement personnel to remind drivers and 
                passengers to drive safely, particularly on the Sunday 
                after Thanksgiving; and
                    (E) all people of the United States to use the 
                Sunday after Thanksgiving as an opportunity to educate 
                themselves about highway safety; and
            (2) designates November 27, 2011, as ``Drive Safer 
        Sunday''.
                                 <all>
```