alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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 R. 47.5, the Court has determined that this opinion should not be published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 in the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 98-40959 Summary Calendar

JAMES EARL MANKINS, JR., Plaintiff-Appellant,

VERSUS DAN MORALES, Attorney General; SHANE PHELPS; MACK COBBS; LUCIEN C. HAAG;

I.C. STONE; GEORGE KEINY; STUART DOWELL; GLENN ELLIOT, Defendants-Appellees.

Appeal from the United States District Court for the Eastern District of Texas (6:97-CV-920)

April 29, 1999 Before WISDOM, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM: * James Earl Mankins, a federal inmate, filed suit against the named defendants under 42 U.S.C. § 1983, alleging violations of his civil rights. Mankins contends that prior to being convicted of the narcotics violations for which he is currently imprisoned, the defendants violated his civil rights by wrongfully prosecuting him for a murder that he did not commit. A magistrate judge reviewed the complaint and recommended that it be dismissed as frivolous. The district court adopted this recommendation, and the suit was dismissed. Mankins now appeals. After the magistrate judge made his initial recommendation to the district court, Mankins had ten days in which to file objections to that report and recommendation. Mankins failed to do2 Douglass v. United Serv. Auto. Ass’n , 79 F.3d 1415, 1428 (5th Cir. 1996)(en banc).

3 Highlands Ins. Co. v. National Union Fire Ins. Co. , 27 F.3d 1027, 1032 (5th Cir. 1994).

4 R.44 (cite omitted). so. Because of this failure on Mankins’s part, we review the judgment of the district court for plain error. 2 To prevail Mankins must now show: that an error occurred; that the error was clear or obvious; that the error will affect Mankins’s substantial rights; and that failure to correct the error would seriously affect the fairness of the judicial proceedings. 3 The report of the magistrate judge correctly states that a prisoner’s attack on the fact or length of his confinement is properly raised in a petition for habeas corpus, not in a § 1983 claim. 4 In this case, however, Mankins attacks neither the fact nor the length of his confinement. Mankins’s claim is that his civil rights were violated during the course of a previous investigation which did not result in a conviction. All the actions Mankins alleges were taken in violation of his civil rights occurred prior to his present incarceration. Further, Mankins does not seek relief in the form of release from incarceration or a shorter term of incarceration. Applying the plain error standard to the facts before us, we hold that the district court committed plain error in adopting the recommendation of the magistrate judge.
VACATED AND REMANDED.
# CE2010265EN.01004601.xml

| 30.9.2010 | EN | Official Journal of the European Union | CE 265/46 |
| --- | --- | --- | --- |

30.9.2010

EN

Official Journal of the European Union

CE 265/46

---

Tuesday 20 October 2009Agreement between the EC and the Bahamas on the short-stay visa waiver *

P7_TA(2009)0047

European Parliament legislative resolution of 20 October 2009 on the proposal for a Council decision on the conclusion of the Agreement between the European Community and the Commonwealth of the Bahamas on the short-stay visa waiver (COM(2009)0055 – C7-0014/2009 – 2009/0020(CNS))

2010/C 265 E/26

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the proposal for a Council decision (COM(2009)0055),

having regard to Article 62(2)(b)(i) and Article 300(2), first subparagraph, first sentence, of the EC Treaty,

having regard to Article 300(3), first subparagraph, of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0014/2009),

having regard to Rules 55 and 90(8) of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0016/2009),

| 1. | Approves the conclusion of the Agreement; |
| --- | --- |

1.

Approves the conclusion of the Agreement;

| 2. | Instructs its President to forward its position to the Council and the Commission, and to the governments and parliaments of the Member States and of the Commonwealth of the Bahamas. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission, and to the governments and parliaments of the Member States and of the Commonwealth of the Bahamas.

---
#### BICKNELL v. SPIER.

(Common Pleas of New York City and County, General Term.

April 2, 1894.)

Action by Henry G. Bickneil against Gilbert M. Spier, Jr., as receiver of the Vertical Tube Boiler Company. A judgment in favor of plaintiff was affirmed (27 N. Y. Supp. 38G), and defendant moves for leave to appeal to the court of appeals. Denied.

Argued before DALY, C. J., and BISCHOEF and PRYOR, JJ.

John C. O’Connor, for appellant.

Bullard & Shannon, for respondent.

PER CURIAM.

The question of law for review is not stated, nor can it be discovered in the moving papers. White v. Balta (herewith decided) 28 N. Y. Supp. 3. Motion denied, with $10 costs.
UNITED STATES SECURITIES AND EXCHANGE COMMISSION

Washington, D. C. 20549

 

ANNUAL REPORT ON FORM 10-K RELATING TO VOTING TRUST INTERESTS

WITH RESPECT TO SHARES OF COMMON STOCK OF

GRAYBAR ELECTRIC COMPANY, INC.

 

Filed pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

 

FOR THE FISCAL YEAR ENDED DECEMBER 31, 2010

 

            Names and Addresses of all Voting Trustees (as of March 8, 2011):

                        

                        

                        

                        

                        

 

 

                        

            Address to which communications to the Voting Trustees should be sent:

 

                        R. A. Reynolds, Jr. 

                        c/o Graybar Electric Company, Inc.

                        P.O. Box 7231

                        St. Louis, Missouri  63177

 

            Title of the securities deposited under the Voting Trust Agreement:

                        Common Stock, par value $1.00 per share

 

            Exact name of the issuer of such securities, as specified in its charter:

                        Graybar Electric Company, Inc.

 

            State or other jurisdiction in which                                                 I.R.S. Employer

            such issuer was incorporated or organized:                                   Identification No.:

                        New York                                                                           13-0794380

 

            Address of such issuer's principal executive offices:

                        34 North Meramec Avenue

                        P.O. Box 7231

                        St. Louis, Missouri  63177

 

            If the Voting Trust Interests are registered on any national securities exchange,

            state the name of each such exchange:

                        None

 

----
CERTIFICATIONPursuant to 18 U.S.C Section 1350 as Adopted Pursuant to Section 906Of the Sarbanes-Oxley Act of 2002

 

          Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of    the Sarbanes-Oxley Act of 2002, each of the undersigned officers of Minrad    International, Inc. (the "Company"), does hereby certify, to such officer's    knowledge, that:

          The Transition Period Report on Form 10-KSB for the fiscal period ended    December 31, 2004 (the Form 10-KSB) of the Company fully complies with the    requirement of section 13(a) or 15(d) of the Securities Exchange Act of 1934    and the information contained in the Form 10-KSB fairly presents, in all    material respects, the financial condition and results of operations of the    Company.

 

 

| Dated: March 27, 2005 | */s/ William H. Burns, Jr.                        *    William H. Burns, Jr., President & CEO     (Chief Executive Officer)
 Dated: March 24, 2005
 

*/s/ Richard P. Tamulski                          *    Richard Tamulski, Vice President of Finance    (Chief Financial Officer) |
|-----------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MA Y 8, 2015

NO. 03

- 15

- 00052

- CV

Anna Marie Casas, Appellant

v.

Vencelao Laureano, Appellee

APPEAL FROM 264TH DISTRICT COURT OF BELL COUNTY

BEFORE JUSTICES PURYEAR, PE MBERTON, AN D BOURLAND

DISMISSED FOR WANT OF PROSECUTION

-- OPINION BY JUSTICE PURYEAR

This is an appeal from the judgment signed by the tr i a l court on December 22, 2014. Having

reviewed the record , the Court holds that appellant has not prosecuted her appeal and did not

comply with a notice from the Clerk of this Court. Therefore, the Court dismisses the appeal for

want of prosecution. A ppellant shall pay all costs relating to this appeal, both in this Court and

the court below.
#### Richard Waligovska, Appellant, v Mary Waligovska, Respondent.

— Appeal by the defendant husband from an order of the Supreme Court, Nassau County (Roncallo, J.), dated October 3, 1986, which granted the wife’s motion to modify a judgment of the Supreme Court, New York County, dated September 15, 1978, to compel the sale of the parties’ former marital residence.

Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is denied, without prejudice to renewal in the Supreme Court, New York County.

In view of the fact that the judgment of divorce was obtained in the Supreme Court, New York County, this application to modify that judgment should have been addressed to the court which made the original judgment and not to the Supreme Court in another county *(see, Koffler v Koffler,*87 AD2d 837; *Koval v Novick,*70 AD2d 586; *Fallis v Fallis,*54 AD2d 683). Kunzeman, J. P., Kooper, Spatt and Sullivan, JJ., concur.
Exhibit
      31.2





CERTIFICATION
      PURSUANT TO


RULES
      13A-14(a) AND 15D-14(a) UNDER THE SECURITIES EXCHANGE ACT OF 1934, AS
      AMENDED





I,
        Richard N. Marshall, certify that:
  (1)   
        I have reviewed this Report on Form 10-K/A of Southern Union Company;
        and
  (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.
    Date:  November
        10, 2008









/s/
      RICHARD N.
      MARSHALL


Richard
      N. Marshall


Senior
      Vice President and


Chief
      Financial Officer


(principal
      financial officer)
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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. RP96-320-045]

Take notice that on April 23, 2001, Gulf South Pipeline Company, LP (Gulf South) filed with the Commission a contract for disclosure of a recently negotiated rate transaction with Mobile Gas Service Corporation to be substituted for the contract field on April 19, 2001. Gulf South states that certain pages were inadvertently omitted from the contract; therefore, Gulf South requests withdrawal of the April 19, 2001 filing.

Gulf South states that copies of the filing are being served upon all parties on the official service list created by the Secretary in this proceeding.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in accordance with sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed in accordance with section 154.210 of the Commission's Regulations. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance). Comments, protests, and interventions may be filed electronically via the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web site at http://www.ferc.fed.us/​efi/​doorbell.htm.

David P. Boergers,

Secretary.

[FR Doc. 01-10779 Filed 4-30-01; 8:45 am]

BILLING CODE 6717-01-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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

*Name:*                         Special Emphasis Panel in Information and Intelligent Systems (1200).                    

*Date/Time:*                         May 22, 2001, 8:30 a.m.-5:00 p.m.                    

*Place:*                         National Science Foundation, Room 1150, 4201 Wilson Blvd., Arlington, VA.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Ephraim Glinert, Deputy Division Director, Division of Information and Intelligent Systems, Room 1115, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone: (703) 292-8930.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate Knowledge and Cognitive systems proposals as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

Dated: April 24, 2001.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 01-10563  Filed 4-26-01; 8:45 am]

BILLING CODE 7555-01-M
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



In connection with the quarterly report on Form 10-Q of Tier Technologies, Inc. (the Company) for the quarter ended March 31, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, James R. Weaver, Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:



| | 1. | This Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as amended.
| | -- | ---------------------------------------------------------------------------------------------------------------------



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



|                      |  |                                         
|--------------------- |  | ----------------------------------------
|Dated: August 8, 2005 |  | /s/ James R. Weaver                     
|                      |  | James R. Weaver, Chief Executive Officer
I 

111TH CONGRESS 

1ST SESSION H. R. 638 

To amend the Internal Revenue Code of 1986 to exempt from the harbor 

maintenance tax certain commercial cargo loaded or unloaded at United 

States ports. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 22, 2009 

Mr. CUMMINGS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to exempt 

from the harbor maintenance tax certain commercial 

cargo loaded or unloaded at United States ports. 

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. 

4 This Act may be cited as the ‘‘Short Sea Shipping 

5 Promotion Act of 2009’’. 

6 SEC. 2. EXEMPTION OF CERTAIN COMMERCIAL CARGO 

7 FROM THE HARBOR MAINTENANCE TAX. 

8 (a) IN GENERAL.—Section 4462 of the Internal Rev9 enue Code of 1986 is amended by redesignating subsection 


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2 

•HR 638 IH

1 (i) as subjection (j) and by inserting after subsection (h) 

2 the following new subsection: 

3 ‘‘(i) EXEMPTION FOR CERTAIN SHORT SEA SHIP4 PING CARGO.— 

5 ‘‘(1) IN GENERAL.—No tax shall be imposed 

6 under section 4461(a) with respect to cargo con7 tained in intermodal cargo containers and loaded by 

8 crane on a vessel, or cargo loaded on a vessel by 

9 means of wheeled technology— 

10 ‘‘(A) that is loaded at a port in the United 

11 States and unloaded at another port in the 

12 United States or a port in Canada located in 

13 the Great Lakes Saint Lawrence Seaway Sys14 tem, or 

15 ‘‘(B) that is loaded at a port in Canada lo16 cated in the Great Lakes Saint Lawrence Sea17 way System and unloaded at a port in the 

18 United States. 

19 ‘‘(2) GREAT LAKES SAINT LAWRENCE SEAWAY

20 SYSTEM.—For the purposes of this subsection, the 

21 term ‘Great Lakes Saint Lawrence Seaway System’ 

22 means the waterway between Duluth, Minnesota and 

23 Sept. Iles, Quebec, encompassing the five Great 

24 Lakes, their connecting channels, and the Saint 

25 Lawrence River.’’. 


jbell on PROD1PC69 with BILLS
3 

•HR 638 IH

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

2 this section shall take effect on the date of enactment of 

3 this Act. 

Æ 


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<PAGE>   1
                                                                    EXHIBIT 24.2





                                POWER OF ATTORNEY



         The undersigned, a director of Sybron Dental Specialties, Inc., hereby
constitutes and appoints Stephen J. Tomassi and Gregory D. Waller, or either of
them, his true and lawful attorneys and agents, each with full power and
authority to act as such without the other, to do any and all acts and things
and to execute any and all instruments which either one of said attorneys and
agents may deem necessary or advisable to enable said Corporation to comply with
the Securities Exchange Act of 1934 (the "Act"), as amended; and including
specifically, but without limitation of the foregoing, full power and authority
to each of said attorneys and agents to sign the name of the undersigned to the
Form 10-K Annual Report for the fiscal year ended September 30, 2000, and any
amendment(s) thereto, filed with the Securities and Exchange Commission pursuant
to the requirements of the Act, the undersigned hereby ratifying and confirming
all that said attorneys and agents, or either of them, shall do or cause to be
done by virtue hereof.

         IN WITNESS WHEREOF, the undersigned has signed and delivered these
presents as of the 8th day of December 2000.





                                                            /s/ Robert W. Klemme
                                                            --------------------
#### *In re*LEVIN, David Michael

(MR 21047)

Deerfield, IL

Order of the Court:

The petition by the Administrator of the Attorney Registration and Disciplinary Commission for leave to file exceptions to the report and recommendation of the Review Board is allowed. Respondent David Michael Levin is suspended from the practice of law for six months and required to enroll in the first professionalism seminar scheduled after entry of this order. Suspension effective October 12, 2006. Respondent David Michael Levin shall reimburse the Client Protection Program Trust Fund for any Client Protection payments arising from his conduct prior to the termination of the period of suspension.