alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

MISC. NO. 03-09

IN RE: RULES ADVISORY COMMITTEE

Before GREENE, Chief Judge, and KASOLD, HAGEL, MOORMAN,

LANCE, DAVIS and SCHOELEN, Judges.

O R D E R

Pursuant to Rule 40(b) and (c)(1) of the Court’s Rules of Practice and Procedure (Rules), it

is

ORDERED that Jack F. Lane, Jr., former Counsel to the Clerk, is reappointed to the Court’s

Rules Advisory Committee for a term ending November 16, 2010.

Pursuant to Rule 40(b) and (c)(2) of the Court’s Rules, it is further

ORDERED that Joan Moriarty, Office of the General Counsel, Department of Veterans

Affairs, is reappointed as Chair to the Court’s Rules Advisory Committee for a term ending

November 8, 2010.

DATED: January 30, 2009 BY THE COURT:

/s/ William P. Greene, Jr.

WILLIAM P. GREENE, JR.

Chief Judge
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED August 21, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-60605 Summary Calendar

BLANCA LIDIA AQUINO, Petitioner,

versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A74-708-338

-------------------- Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM: * Blanca Lidia Aquino, a native and citizen of Guatemala, petitions this court for review of the Board of Immigration Appeals’ (BIA) affirmance of the Immigration Judge’s (IJ) denial of her applications for political asylum and withholding of deportation. Aquino argues that the evidence was sufficient to support a finding of past persecution and a well-founded fear of persecution based on her “imputed” political opinion. She further asserts that the BIA’s “boilerplate decision” wasNo. 02-60605 -2- improper, that customary principals of international law apply to her case, and that the BIA abused its discretion in failing to consider proposed regulations that allegedly authorize asylum relief to victims of domestic violence. When, as in this case, the BIA adopts without opinion the IJ’s decision, this court reviews the IJ’s decision. Mikhael v.
I.N.S. , 115 F.3d 299, 302 (5th Cir. 1997). Here, the IJ’s determination that Aquino had not shown past persecution or a well-founded fear of future persecution if returned to Guatemala was supported by substantial evidence. See Ontunez-Tursios v. Ashcroft , 303 F.3d 341, 350 (5th Cir. 2002); Gomez-Mejia v.
I.N.S. , 56 F.3d 700, 702 (5th Cir. 1995). Aquino’s argument that the BIA’s summary affirmance was improper lacks merit. See Soadjede v. Ashcroft , 324 F.3d 830, 832-33 (5th Cir. 2003). Similarly, Aquino’s claim that she should be granted a temporary safe haven in this country fails since international law does not apply where, as here, there is controlling legislation. See Gisbert v. United States Attorney
Gen. , 988 F.2d 1437, 1447 (5th Cir. 1993). This court lacks jurisdiction to consider Aquino’s asylum/domestic violence argument since she failed to present it to the BIA and, thus, failed to exhaust her administrative remedies with respect to that claim. See Rodriguez v. INS , 9 F.3d 408, 414 (5th Cir. 1993).No. 02-60605 -3- For the foregoing reasons, Aquino’s petition for review is
DENIED.
<TABLE> <S> <C>

<ARTICLE>                                                               5
<MULTIPLIER>                                                        1,000

<S>                                                                   <C>
<PERIOD-TYPE>                                                       3-MOS
<FISCAL-YEAR-END>                                             SEP-29-2001
<PERIOD-START>                                                OCT-01-2000
<PERIOD-END>                                                  DEC-30-2000
<CASH>                                                              3,377
<SECURITIES>                                                            0
<RECEIVABLES>                                                      70,806
<ALLOWANCES>                                                        2,499
<INVENTORY>                                                        76,744
<CURRENT-ASSETS>                                                  166,711
<PP&E>                                                             72,663
<DEPRECIATION>                                                     23,644
<TOTAL-ASSETS>                                                    284,264
<CURRENT-LIABILITIES>                                              53,786
<BONDS>                                                           144,315
<PREFERRED-MANDATORY>                                                   0
<PREFERRED>                                                             0
<COMMON>                                                               76
<OTHER-SE>                                                         78,184
<TOTAL-LIABILITY-AND-EQUITY>                                      284,264
<SALES>                                                            98,552
<TOTAL-REVENUES>                                                   98,552
<CGS>                                                              69,744
<TOTAL-COSTS>                                                      69,744
<OTHER-EXPENSES>                                                        0
<LOSS-PROVISION>                                                        0
<INTEREST-EXPENSE>                                                  3,825
<INCOME-PRETAX>                                                     4,511
<INCOME-TAX>                                                        1,801
<INCOME-CONTINUING>                                                     0
<DISCONTINUED>                                                          0
<EXTRAORDINARY>                                                         0
<CHANGES>                                                               0
<NET-INCOME>                                                        2,710
<EPS-BASIC>                                                          0.35
<EPS-DILUTED>                                                        0.35




</TABLE>
##### 



Exhibit 11.1 COMPUTATION OF NET LOSS PER SHARE
(in thousands, except per share amounts) Three Months Ended
    
    Nine Months EndedSeptember 30
    
    September 302004
    
    2003
    
    2004
    
    2003COMPUTATION OF BASIC NET LOSS PER SHARE:Net loss
    
    $
    (12,517
    )
    
    $
    (10,624
    )
    
    $
    (46,746
    )
    
    $
    (44,337
    )Weighted-average shares of common stock outstanding
    
    
    39,161
    
    
    
    36,617
    
    
    
    39,090
    
    
    
    33,862Basic net loss per share
    
    $
    (.32
    )
    
    $
    (.29
    )
    
    $
    (1.20
    )
    
    $
    (1.31
    )COMPUTATION OF DILUTED NET LOSS PER SHARE:Net loss available to common stockholders
    
    $
    (12,517
    )
    
    $
    (10,624
    )
    
    $
    (46,746
    )
    
    $
    (44,337
    )Weighted-average number of shares of common stock and
common stock equivalents outstanding-Weighted-average shares of common stock outstanding
    
    
    39,161
    
    
    
    36,617
    
    
    
    39,090
    
    
    
    33,862Weighted-average number of common stock
equivalents applicable to stock options and
employee stock purchase plans
    
    
    1,235
    
    
    
    866
    
    
    
    1,185
    
    
    
    573Common stock and common stock equivalents
    
    
    40,396
    
    
    
    37,483
    
    
    
    40,275
    
    
    
    34,435Diluted net loss per common stock and common stock
equivalents (a)
    
    $
    (.31
    )
    
    $
    (.28
    )
    
    $
    (1.16
    )
    
    $
    (1.29
    )
  (a)
    
    This calculation is submitted in accordance with
Item 601(b)(11) of Regulation S-K although it is not
required by SFAS No. 128 because it is antidilutive.
Exhibit 31.01**CERTIFICATION**I, Theresa D. Becks, certify that:1. I have reviewed this quarterly report on Form 10-Q of the Trust; 2. Based on my knowledge, this quarterly report does not contain any untrue statement ofa 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 my knowledge, the financial statements, and other financial informationincluded in this quarterly report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules13a-15(e) and 15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this quarterly report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end of theperiod covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the Registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonable likely to materiallyaffect, the registrant’s internal control over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors (or personsperforming the equivalent functions): (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affectthe registrant’s ability to record, process, summarize and report financialinformation; 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.       By: /s/ Theresa D. Becks     Theresa D. Becks    Chief Executive Officer    Campbell & Company, Inc.    Managing Operator    The Campbell Fund Trust    May 15, 2007  
E-2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

# AGENCY:

National Science Foundation.

# ACTION:

Notice of permits issued under the Antarctic Conservation of 1978, Public Law 95-541. 

# SUMMARY:

The National Science Foundation (NSF) is required to publish notice of permits issued under the Antarctic Conservation Act of 1978. This is the required notice.

# FOR FURTHER INFORMATION CONTACT:

Nadene G. Kennedy, Permit Office, Office of Polar Programs, Rm. 755, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

# SUPPLEMENTARY INFORMATION:

                    On February 9, 2000, the National Science Foundation published a notice in the                     **Federal Register**                     of permit applications received. Permits were issued on March 23, 2000 to the following applicant:                

Raytheon Polar Service Company (RPSC)

Permit No. 2001-001

Permit No. 2001-002

Permit No. 2001-003

Permit No. 2001-004

Permit No. 2001-005

Nadene G. Kennedy,

Permit Officer.

[FR Doc. 00-9880  Filed 4-19-00; 8:45 am]

BILLING CODE 7555-01-M
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Maritime Commission

Notice is hereby given that the following applicants have filed with the Federal Maritime Commission an application for licenses as Non-Vessel Operating Common Carrier and Ocean Freight Forwarder—Ocean Transportation Intermediary pursuant to section 19 of the Shipping Act of 1984 as amended (46 U.S.C. app. 1718 and 46 CFR part 515). 

Persons knowing of any reason why the following applicants should not receive a license are requested to contact the Office of Transportation Intermediaries, Federal Maritime Commission, Washington, DC 20573. 

## Non-Vessel-Operating Common Carrier Ocean Transportation Intermediary Applicants 

Nextrans International, Inc., 1225 W. 190th Street, Suite 310, Gardena, CA 90248, Officers: John A. Kamischke, President (Qualifying Individual), Roy W. Cheong, Secretary 

Transcon Shipping Co., Inc., 2157 Center Ave., Unit #4, Fort Lee, NJ 07024, Officers: Terrence P. Lynch, President (Qualifying Individual), Wai Wong, Vice President 

Galaxy Shipping Company, Inc., 314 Whites Landing, Long Beach, CA 90803, Officers: Eliane Tiharu Susaki, Secretary (Qualifying Individual), Les Atterbury III, President 

MTL Worldwide Agency, Inc., 228 51st Street, Brooklyn, NY 11220, Officer: Aleksandr Solovyev, President (Qualifying Individual) 

Trans Orient Express LLC, 2625 Athena Place, Fullerton, CA 92833, Officers: Edward Chang, Chief Operating Officer (Qualifying Individual), Jia He Bai, President 

## Non-Vessel Operating Common Carrier and Ocean Freight Forwarder Transportation Intermediary Applicants 

Transunion America, Inc., 66-00 Long Island Expressway, Suite 200, Maspeth, NY 11378, Officers: Brigid Gatti, Secretary, Geri S. Alex, Import and Export Manager (Qualifying Individuals), Jose Viano, President 

## Ocean Freight Forwarders—Ocean Transportation Intermediary Applicants 

Cardel International Shipping Corp., 405 North 61st Avenue, Hollywood, FL 33024, Officer: Carmen Delgado, President (Qualifying Individual) 

Dated: April 14, 2000. 

Bryant L. VanBrakle, 

Secretary. 

[FR Doc. 00-9827 Filed 4-18-00; 8:45 am] 

BILLING CODE 6730-01-P
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 1794** 

JANICE LAND , Plaintiff

- Appellant ,
v. GEN PAK , Defendant

- Appellee
.

Appeal from the United States District Court for the Western District of North Caroli na , at Charlotte
. Max O. Cogburn, Jr. , District Judge. ( 3:10

- cv - 00639

- MOC

- DCK )

Submitted : November 17, 2011 Decided: November 22, 2011

Before KING, DAVIS, and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion
. Janice Land, App ellant Pro Se. Julie Kerr Adams, Jerry Howard Walter s , Jr., LITTLER MENDELSON, PC, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Janice Land appeals the district court ’ s order dism issing her complaint for failure to state a claim . The district court referred this case to a magistrate judge pursuant to 28 U.S.C. A. § 636(b)(1)(B) ( West 200 6 & Supp. 2011 ). The magistrate judge recommended that relief be denied and advised Land that f ailure to file timely objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The timely filing of specific objections to a magistrate judge ’ s recommendation is necessary to preserve appellate review of the substance of that recommendation when the parties have been warned of the consequences of noncompliance. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also Thomas v. Arn , 474 U.S. 140 (1985). Land has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the c ourt and argument would not aid the decisional
process.

AFFIRMED
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
This schedule contains summary financial information extracted
from the Statement of Consolidated Income of Solutia Inc. and
Subsidiaries for the three months ended March 31, 1999, and the
Statement of Consolidated Financial Position as of March 31, 1999.
Such information is qualified in its entirety by reference to such
consolidated financial statements.
</LEGEND>
<MULTIPLIER>         1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                              36
<SECURITIES>                                         0
<RECEIVABLES>                                      405
<ALLOWANCES>                                         7
<INVENTORY>                                        343
<CURRENT-ASSETS>                                 1,001
<PP&E>                                           3,300
<DEPRECIATION>                                   2,375
<TOTAL-ASSETS>                                   2,769
<CURRENT-LIABILITIES>                              735
<BONDS>                                            597
<COMMON>                                             1
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                         (25)
<TOTAL-LIABILITY-AND-EQUITY>                     2,769
<SALES>                                            652
<TOTAL-REVENUES>                                   652
<CGS>                                              547
<TOTAL-COSTS>                                      547
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   9
<INCOME-PRETAX>                                     33
<INCOME-TAX>                                        10
<INCOME-CONTINUING>                                 23
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        23
<EPS-PRIMARY>                                     0.21
<EPS-DILUTED>                                     0.20
        

</TABLE>
##### 



Exhibit 23.1

INDEPENDENT AUDITORS CONSENT

We consent to the incorporation by reference in the following Registration
Statements of Nortel Networks Limited (the Company) of our report dated
February 10, 2003, except as for note 20, which is as of February 14, 2003
(which report expresses an unqualified opinion and includes an explanatory
paragraph relating to the change in method of accounting for goodwill), and our
report dated February 10, 2003, appearing in the Annual Report on Form 10-K of
the Company for the year ended December 31, 2002:



| |  |  | Registration Statement on
Form S-8 and all Post-Effective Amendments thereto
(Nortel Networks U.S. Deferred Compensation Plan)
(333-11558)                                                                                                                                                                                                                                              
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|
| |  |  | Registration Statement on Form S-3 and all Post-Effective Amendments thereto
(Common Shares, Preferred Shares, Debt Securities, Guarantees,
Warrants to Purchase Equity Securities, Warrants to Purchase Debt Securities,
Share Purchase Contracts, Share Purchase or Equity Units of Nortel Networks Corporation and
Guaranteed Debt Securities of Nortel Networks Limited)
(333-88164)
|
| |  |  | Registration Statement on Form S-3 and all Post-Effective Amendments thereto
(4.25% Convertible Senior Notes Due 2008)
(333-72948)                                                                                                                                                                                                                                                      



/s/ Deloitte & Touche LLP



Deloitte & Touche LLP
Chartered Accountants



Toronto, Canada
March 10, 2003