alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

JTK/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DUNG XUONG LAM,

 Petitioner,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 06-72442

Agency No. A077-378-891

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 15, 2009** 

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Dung Xuong Lam, a native and citizen of Vietnam, petitions for review of

the Board of Immigration Appeals’ order dismissing her appeal from an

immigration judge’s (“IJ”) order denying her motion to reopen based on ineffective

FILED

DEC 30 2009

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
JTK/Research 2 06-72442

assistance of counsel. We have jurisdiction pursuant to 8 U.S.C. § 1252. We

review for abuse of discretion the denial of a motion to reopen, Iturribarria v. INS,

321 F.3d 889, 894 (9th Cir. 2003), and we deny the petition for review.

The agency did not abuse its discretion in denying Lam’s motion to reopen

as untimely because Lam filed the motion more than six years after the IJ’s April

15, 1999, removal order became final, see 8 C.F.R. § 1003.23(b), and Lam failed to

establish the due diligence required to warrant tolling of the motions deadline, see

Iturribarria, 321 F.3d at 897 (equitable tolling is available to a petitioner who is

prevented from filing due to deception, fraud or error, and exercises due diligence

in discovering such circumstances); cf. Ghahremani v. Gonzales, 498 F.3d 993,

1000 (9th Cir. 2007). 

PETITION FOR REVIEW DENIED.
[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Notices]
[Page 21006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9726]


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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service


Letters of Authorization to Take Marine Mammals

AGENCY: Fish and Wildlife Service, Department of the Interior.

ACTION: Notice of issuance of Letters of Authorization to take marine 
mammals incidental to oil and gas industry activities.

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

SUMMARY: In accordance with section 101(a)(5)(A) of the Marine Mammal 
Protection Act of 1972, as amended, and the U.S. Fish and Wildlife 
Service implementing regulations [50 CFR 18.27(f)(3)], notice is hereby 
given that Letters of Authorization to take polar bears and Pacific 
walrus incidental to oil and gas industry exploration, development, and 
production activities have been issued to the following companies:

------------------------------------------------------------------------
             Company                   Activity           Date issued
------------------------------------------------------------------------
Exxon Mobil.....................  Exploration.......  March 16, 2000.
------------------------------------------------------------------------


FOR FURTHER INFORMATION CONTACT: Mr. John W. Bridges at the U.S. Fish 
and Wildlife Service, Marine Mammals Management Office, 1011 East Tudor 
Road, Anchorage, Alaska 99503, (800) 362-5148 or (907) 786-3810.

SUPPLEMENTARY INFORMATION: Letters of Authorization were issued in 
accordance with U.S. Fish and Wildlife Service Federal Rules and 
Regulations ``Marine Mammals; Incidental Take During Specified 
Activities (65 FR 5275; February 3, 2000).''

    Dated: March 27, 2000.
Gary Edwards,
Deputy Regional Director.
[FR Doc. 00-9726 Filed 4-18-00; 8:45 am]
BILLING CODE 4310-55-P
#### UNITED STATES of America, Plaintiff-Appellee v. Darrius Deyon HALL, also known as Jug, Defendant-Appellant.

No. 10-40744

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 21, 2011.

Heather Harris Rattan, Esq., Assistant U.S. Attorney, U.S. Attorney’s Office, Plano, TX, for Plaintiff-Appellee.

Richard Earle Weaver, McKinney, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and STEWART and SOUTHWICK, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Darrius Deyon Hall 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). Hall 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.
*Local Rule 47.5 provides: "The publication of opinions that

have no precedential value and 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. 95-40220

Summary Calendar

 

RICKEY HART, ET AL.,

Plaintiff,

WILLIAM ROBERT PARKER,

Plaintiff-Appellant,

versus

CHIEF BEDDINGFIELD, ET AL.,

Defendants-Appellees.

 

Appeal from the United States District Court

for the Eastern District of Texas

(6:93-CV-651)

 

(May 19, 1995)

 

Before GARWOOD, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM:*

Parker abandoned his due process claim by failing to brief it

on appeal. Because the change in the law of good time credits

benefited Parker, and the state restored his good time credits, he

has alleged no violation of the Ex Post Facto Clause. AFFIRMED.
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001002137
<NAME>                        SWISSRAY INTERNATIONAL, INC.
<MULTIPLIER>                  1
<CURRENCY>                    U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               MAR-31-1999
<EXCHANGE-RATE>                            1
<CASH>                                     3,245,610
<SECURITIES>                               0
<RECEIVABLES>                              4,680,714
<ALLOWANCES>                               174,995
<INVENTORY>                                5,816,197
<CURRENT-ASSETS>                           14,407,589
<PP&E>                                     7,748,963
<DEPRECIATION>                             1,379,967
<TOTAL-ASSETS>                             25,538,297
<CURRENT-LIABILITIES>                      17,854,173
<BONDS>                                    14,242,793
<PREFERRED-MANDATORY>                      0
<PREFERRED>                                0
<COMMON>                                   227,864
<OTHER-SE>                                 (7,286,366)
<TOTAL-LIABILITY-AND-EQUITY>               25,538,296
<SALES>                                    12,393,655
<TOTAL-REVENUES>                           12,393,655
<CGS>                                      9,372,120
<TOTAL-COSTS>                              9,372,120
<OTHER-EXPENSES>                           13,724,509
<LOSS-PROVISION>                           0
<INTEREST-EXPENSE>                         7,276,519
<INCOME-PRETAX>                            (17,570,224)
<INCOME-TAX>                               0
<INCOME-CONTINUING>                        (17,570,224)
<DISCONTINUED>                             0
<EXTRAORDINARY>                            0
<CHANGES>                                  0
<NET-INCOME>                               (17,570,224)
<EPS-BASIC>                                (0.99)
<EPS-DILUTED>                              (0.99)


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      79,856,749
<SECURITIES>                                         0
<RECEIVABLES>                                8,091,539
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            89,102,047
<PP&E>                                     136,928,109
<DEPRECIATION>                              40,683,502
<TOTAL-ASSETS>                             196,896,758
<CURRENT-LIABILITIES>                       11,396,933
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    81,123,730
<OTHER-SE>                                      16,299
<TOTAL-LIABILITY-AND-EQUITY>               196,896,758
<SALES>                                     17,755,687
<TOTAL-REVENUES>                            17,755,687
<CGS>                                        7,919,660
<TOTAL-COSTS>                                7,919,660
<OTHER-EXPENSES>                             4,081,239
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,175,542
<INCOME-PRETAX>                              6,357,154
<INCOME-TAX>                                    78,461
<INCOME-CONTINUING>                          6,278,693
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 6,278,693
<EPS-PRIMARY>                                     0.56
<EPS-DILUTED>                                     0.47
        

</TABLE>
<PAGE>   1

                                  EXHIBIT 10.3

                                 PROMISSORY NOTE


                                                          Waltham, Massachusetts
                                                                   June 30, 1998

$600,000

        FOR VALUE RECEIVED, the undersigned, Dr. Edmund J. Sybertz (the
"Borrower"), hereby promises to pay to the order of GelTex Pharmaceuticals,
Inc., a Delaware corporation (the "Lender") the principal amount of Six Hundred
Thousand and 00/100 Dollars ($600,000) (the "Principal") on or before the
Maturity Date, as hereinafter defined. This Note is given as evidence of a loan
in an amount equal to the principal amount of this Note. The purpose of the loan
is to provide the Borrower with the proceeds to finance the purchase of his new
principal residence located at 54 Bigelow Road, Sudbury, Massachusetts.

        Interest shall accrue on $230,000 of the outstanding Principal in an
amount equal to the Prime Rate of interest, as in effect from time to time (but
in no event in excess of the maximum rate permitted by then applicable law) as
announced by Fleet National Bank. Interest shall not accrue on the remaining
$370,000 in Principal during the term of this Note, unless Dr. Sybertz's
employment with the Lender is terminated for whatever reason prior to the
Maturity Date. Upon Dr. Sybertz's termination, interest shall accrue as of the
date of such termination on such $370,000 in Principal at the rate applicable to
the above-referenced $230,000 in Principal. Any accrued interest shall be due
and payable on the Maturity Date.

        The Maturity Date of this Note shall be the earlier of (i) fifteen days
following the closing date of the Borrower's sale of the property located at 10
Ryan Court, Chester, New Jersey or (ii) September 30, 1998.

        The Borrower hereby agrees to pay, to the extent permitted by law, all
reasonable costs and expenses, including, without limitation, reasonable
attorneys' fees, incurred or paid by the Lender in enforcing this note, whether
or not litigation is commenced. This note shall be governed by the laws of the
Commonwealth of Massachusetts.

        If any provisions hereof or the application thereof to any person or
circumstance shall, to any extent, be invalid or unenforceable, the remainder
hereof, or the application of such provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each provision hereof shall be valid and in force to the
fullest extent permitted by law.


<PAGE>   2


        This Note shall be governed by and construed in accordance with the laws
of the Commonwealth of Massachusetts, and shall take effect as a sealed
instrument.

        Executed as of the day and year first written above.


/s/ Edmund J. Sybertz
---------------------------------
Edmund J. Sybertz

WITNESS:

/s/ Elizabeth A. Grammer
---------------------------------

Elizabeth A. Grammer
---------------------------------
Print Name





                                       2
Exhibit 23.1

Schwartz Levitsky Feldman llp
CHARTERED ACCOUNTANTS
TORONTO, MONTREAL, OTTAWA




            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


The undersigned,  Schwartz Levitsky Feldman llp,  Chartered  Accountants  hereby
consents to the use of our name and use of our report of Independent  Registered
Public  Accounting  Firm dated  December  28, 2005 for China BAK  Battery,  Inc.
(formerly  known as Medina Coffee,  Inc.) as included in Form 10-KSB being filed
by the Company.





Toronto, Ontario, Canada
December 28, 2005                                          Chartered Accountants
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                      10,402,780
<SECURITIES>                                    10,000
<RECEIVABLES>                                1,524,489
<ALLOWANCES>                                         0
<INVENTORY>                                  2,053,054
<CURRENT-ASSETS>                            14,009,169
<PP&E>                                       1,327,131
<DEPRECIATION>                                 262,278
<TOTAL-ASSETS>                              17,394,942
<CURRENT-LIABILITIES>                        2,258,896
<BONDS>                                        253,777
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,683
<OTHER-SE>                                  14,876,586
<TOTAL-LIABILITY-AND-EQUITY>                17,394,942
<SALES>                                      1,206,886
<TOTAL-REVENUES>                             1,206,886
<CGS>                                          922,474
<TOTAL-COSTS>                                  922,474
<OTHER-EXPENSES>                             1,128,094
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (87,479)
<INCOME-PRETAX>                              (756,203)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (756,203)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (756,203)
<EPS-PRIMARY>                                   (0.15)
<EPS-DILUTED>                                   (0.15)
        

</TABLE>
CHIEF JUSTICE

ROGELIO VALDEZ

JUSTICES

NELDA V. RODRIGUEZ

DORI CONTRERAS GARZA

GINA M. BENAVIDES

GREGORY T. PERKES

NORA L. LONGORIA

CLERK

DORIAN E. RAMIREZ NUECES COUNTY COURTH OUSE

901 LEOPARD, 10TH FL OOR

CORPUS C HRISTI, TEXAS 78401

361

- 888

- 0416 (TEL)

361

- 888

- 0794 (FAX)

HIDALGO COUNTY

ADMINISTRATION BLDG.

100 E. CANO, 5TH FLO OR

EDINBURG, TEXAS 7853 9

956

- 318

- 2405 (TEL)

956

- 318

- 2403 (FAX)

www.txcourts.gov/13thcoa 

# Court of Appeals

Thirteenth District of Texas

January 29, 2015

Hon. Anne Lorentzen

District Clerk

901 Leopard, Suite 313

Corpus Christi, TX 78401

* DELIVERED VIA E

- MAIL *

Re: Cause No. 13

- 14

- 00053

- CR

Tr.Ct.No. 2013

- 5253

- 2

Style: JORGE MARTINEZ v. THE STATE OF TEXAS

The judgment of the trial court was DISMISSED by this Court on the 7 th day of August,

2014. The mandate is enclosed.

Tex R. App. P. 51.2(a)(1) provides that the clerk of the trial court shall send an

acknowledgment to the clerk of the appellate court of the receipt of the mandate. Please review

the requirements of Tex. R. App. P. 51.2(b) regarding the issuance of a capias in cases in which

the trial court’s judgment is affirmed and the defendant is not in custody.

Please sign the attached acknowledgment of receipt of the mandate and submit through

the TAMES Records Submission Portal (RSP) as soon as possible.

Very truly yours,

Dorian E. Ramirez, Clerk

DER: ch

Enc.

cc: Hon. Stephen W. Byrne (DELIVERED VIA E

- MAIL)

Hon. Mark Skurka (DELIVERED VIA E

- MAIL)

I hereby ack nowledge receipt of the mandate in cause no. 13

- 14

- 00053

- CR this

________ day of _________________, 201 5

.

District/County Clerk,

By :____________________________
Exhibit 4.1


 


Advisors Asset Management, Inc.

18925 Base Camp Road

Monument, Colorado 80132


June 25, 2021


 


Advisors Disciplined Trust 2086


c/o The Bank of New York Mellon, as Trustee


240 Greenwich Street, 22W Floor


New York, NY 10286


 


Re: Advisors Disciplined Trust 2086 (the “Fund”)


Ladies and Gentlemen:


We have examined the Registration
Statement File No. 333-256199 for the above captioned Fund. We hereby consent to the use in the Registration Statement of the references
to Advisors Asset Management, Inc. as evaluator.


You are hereby authorized
to file a copy of this letter with the Securities and Exchange Commission.


 


	 	Very truly yours,
	 	 	 
	 	Advisors Asset Management, Inc.
	 	 	 
	 	 	 
	 	By	/s/ ALEX R. MEITZNER
	 	 	Alex R. Meitzner
	 	 	Senior Vice President
##### 



FIRST ACCEPTANCE CORPORATION
LISTING OF SUBSIDIARIES OF THE COMPANY
  NAMES OF SUBSIDIARIES
    
    ORGANIZED UNDER THE LAWS OFLNC Holdings, Inc.
    
    NevadaFirst Acceptance Insurance Company, Inc.
    
    TennesseeFirst Acceptance Insurance Company of Georgia, Inc.
    
    GeorgiaAcceptance Insurance Agency, Inc.
    
    GeorgiaAlabama Acceptance Insurance Agency, Inc.
    
    AlabamaFirst Acceptance Services, Inc.
    
    DelawareTransit Automobile Club Inc.
    
    TennesseeUSAuto Holdings, Inc.
    
    DelawareAcceptance Insurance Agency of Tennessee, Inc.
    
    TennesseeAcceptance Insurance Agency of Texas, Inc.
    
    TexasAcceptance Insurance Agency of Illinois, Inc.
    
    Illinois
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5849 Enrolled Bill (ENR)]

        H.R.5849

                      One Hundred Eleventh Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the fifth day of January, two thousand and ten

                                 An Act

 
 To provide for an additional temporary extension of programs under the 
 Small Business Act and the Small Business Investment Act of 1958, and 
                           for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. ADDITIONAL TEMPORARY EXTENSION OF AUTHORIZATION OF PROGRAMS 
UNDER THE SMALL BUSINESS ACT AND THE SMALL BUSINESS INVESTMENT ACT OF 
1958.
    (a) In General.--Section 1 of the Act entitled ``An Act to extend 
temporarily certain authorities of the Small Business Administration'', 
approved October 10, 2006 (Public Law 109-316; 120 Stat. 1742), as most 
recently amended by section 1 of Public Law 111-162 (124 Stat. 1129), 
is amended by striking ``July 31, 2010'' each place it appears and 
inserting ``September 30, 2010''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on July 30, 2010.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
EXHIBIT 32.2

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Richard D. Davidson., Chief Financial Officer of
Kintera, Inc. (the Registrant), do hereby certify in accordance with 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



| | (1) | the Annual Report on Form 10-K of the Registrant, to which this certification is attached as an exhibit (the Report) fully complies with the requirements of
Section 13(a) of the Securities Exchange Act of 1934; and
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (2) | the information contained in this Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: March 15, 2006

|                                                                      
|----------------------------------------------------------------------
|                                                                      
|/s/    Richard Davidson                                               
|Richard Davidson Chief Financial
Officer (Principal Financial Officer)
# C_2009165EN.01000301.xml

| 17.7.2009 | EN | Official Journal of the European Union | C 165/3 |
| --- | --- | --- | --- |

17.7.2009

EN

Official Journal of the European Union

C 165/3

---

Non-opposition to a notified concentration

(Case COMP/M.5513 — KMG/CNPC/MMG)

(Text with EEA relevance)

2009/C 165/02

On 9 July 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5513. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5513. EUR-Lex is the on-line access to the European law.

---