alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-2528

DILLARD’S, INCORPORATED,

Plaintiff - Appellant,

versus

ARLENE JOHNSON,

Defendant - Appellee.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Margaret B. Seymour, District Judge.

(CA-03-2522)

Submitted: July 29, 2005 Decided: August 25, 2005

Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Katherine Dudley Helms, William L. Duda, OGLETREE, DEAKINS, NASH,

SMOAK & STEWART, P.C., Columbia, South Carolina, for Appellant.

Allen D. Smith, Thomas K. Barlow, CHILDS & HALLIGAN, P.A.,

Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Dillard’s Incorporated appeals the district court’s order

granting summary judgment in favor of Johnson. We have reviewed

the record and find no reversible error. Accordingly, we affirm on

the reasoning of the district court. See Dillard’s Inc. v.

Johnson, No. CA-03-2522 (D.S.C. Nov. 5, 2004). We dispense with

oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
i i i i i i



### MEM ORA ND UM OP INION No. 04-09-00221- CV IN THE I NT ER EST OF M .O. , A Min or Chi ld Fr om the 225th District Court, Bexar County , Texas Trial Court No. 2003-EN5- 06320 Honora ble Delia E . Carian, Judge Presiding PER C URI AM Sitt ing: Sandee B ry an Mar ion, J ustice

Phy lis J . Speedlin, J ustice Rebec ca Simmons, J ustice Deliver ed and F iled: J uly 8, 2009 DI SMI SSED The c lerk’s r ecor d was due on April 13, 2009. On April 2 8 , 2 0 0 9 , t h is court orde red appellant to provide written proof to this court that either (1) the clerk ’s fe e h as been pa id or

arr ang ements have been ma de to pay the cler k’s fe e; or (2) appell ant i s entitled to appea l without pay ing the cler

k’s fe e. Our

order stated t hat i f appellant failed to re spond within the tim e provide d, this a ppeal would be dismiss ed for want of prose cution. See T EX . R. A PP . P. 3 7. 3( b) . A pp e lla nt d id not respond to our order. Also, a fili ng fee of $175.00 was due from appe llant when this appea l was filed but was not paid. See T EX . G OV ’ T C ODE ANN . §§ 51.207(b)( 1), 51.941(a) (1) (Ve rnon 2005); T EX A S S U PREME C OU R T O RDE R R EG AR DI NG F EE S C HAR GE D I N C I V I L C A SES I

N TH E S UP R E ME04

- 09

- 00 22 1- CV

- 2- C OURT AND T HE C O U RT S O F A PP EA LS (Jul y 21, 1998) § B .1.(a)

. The c lerk of t h e court notified appellant of

this deficienc y

in a letter dated April 17, 2009. The fee rema ins unpa id. Rule 5 of the Te xas R ule s o f A pp e lla te Pr oc e du re pr ov ide s: A par ty who is not ex cused by

statute or these rules fr om pay ing costs must pay – at the time an item is prese nted for f il i n g

– wh at ev er f

ees a re r equire d by

statute or Sup re me Court or de r. Th e a pp e lla te c ou rt ma y

e nf or c e thi s r ule by a ny or de r t ha t is jus t. T EX . R. A PP . P. 5. Ac c or din g ly , o n Jun e 2, 20 09 , th is c ou rt or de re d a pp e lla nt to pro vide wr itt e n p ro of to t his court that e ither (1) the cler k’s fee has been pa id or arr ang ements have been ma de to pay the cler k’s fee ; or (2) a

ppellant is e ntitled to appea l w ithout pay ing the cler

k’s fee

. We also order ed appe llant to either (1) pay

the applica

ble filing fee or (2) provide written proof to this court that he is ex cused by statute or the Rules of A ppellate Proc edure from pa y i n g the fe e. See T EX . R. A PP . P. 20.1 (providing that indige nt party who complies with provisions of that rule may proce ed without

a dv a nc e pa

y me nt o f c os ts) . O ur or de r inf or me d a pp e lla nt that if he fa ile d to r e sp on d s a tis fa c tor ily within the time ordere d, this appeal would be dismiss ed. See T EX . R. A PP . P. 42.3. No re sponse has been f iled. Acc ording ly , this a

ppeal is dismissed. Costs of appeal a re ta x ed ag ainst appellant.

PER C URI AM
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

June 23, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 136288 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 136288 COA: 276153 Macomb CC: 2005-004731-FC ANTONIO PEREZ-CHICA, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the March 25, 2008 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

d0616 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 23, 2008

Clerk
---

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 Active Power, Inc. (the “Company”) for the period ending March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, James A. Clishem, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:





(1)
The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and





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





A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.





/s/ James A. ClishemJames A. ClishemPresident and Chief Executive OfficerApril 27, 2011
form8kexhibit103_041210.htm






NOTICE OF FINAL AGREEMENT


 



	
Principal


$4,424,392.04

	
Loan Date


03-31-2010

	
Maturity


01-10-2011

	
Loan No


1089922418

	
Call / Coll


410 /4

	
Account


MACC PE00

	
Officer


755

	
Initials


	
References in the boxes above are for Lender’s use only and do not limit the applicability of this document to any particular loan or item.


Any item above containing “***” has been omitted due to text length limitations.













	
Borrower:

	
MACC PRIVATE EQUITIES, INC.


101 2ND ST SE SUITE 800


CEDAR RAPIDS, IA 52401-1219


 

	
Lender:

	
CEDAR RAPIDS BANK AND TRUST COMPANY


500 1st AVENUE NE STE 100


CEDAR RAPIDS, IA  52401













	
IMPORTANT:  READ BEFORE SIGNING.  THE TERMS OF THE LOAN AGREEMENT SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE.  NO OTHER TERMS OR ORAL PROMISES NOT CONTAINED IN THE WRITTEN LOAN AGREEMENT MAY BE LEGALLY ENFORCED.  BORROWER MAY CHANGE THE TERMS OF THE LOAN AGREEMENT ONLY BY ANOTHER WRITTEN AGREEMENT.


 


As used in this Notice, the following terms have the following meanings:


 


Loan.  The term “Loan” means the following described loan:  a Variable Rate Nondisclosure Loan to a Corporation for $4,424,392.04 due on January 10, 2011.


 


Loan Agreement.  The term “Loan Agreement” means one or more promises, promissory notes, agreements, undertakings, security agreements, deeds of trust or other documents, or commitments, or any combination of those actions or documents, relating to the Loan, including without limitation, the following:


	
LOAN DOCUMENTS


	
Change in Terms Agreement


Notice of Final Agreement

	
Disbursement Request and Authorization


	
Third Amendment to Business Loan Agreement and Security Agreements


	
Parties:  The term “Parties” means CEDAR RAPIDS BANK AND TRUST COMPANY and any and all entities or individuals who are obligated to reply the loan or have pledged property as security for the Loan, including without limitation the following:


 


Borrower:                      MACC PRIVATE EQUITIES, INC.


 


	  










Each Party who signs below, other than CEDAR RAPIDS BANK AND TRUST COMPANY, acknowledges, represents, and warrants to CEDAR RAPIDS BANK AND TRUST COMPANY that it has received, read and understood the Notice of Final Agreement.  This Notice is dated March 31, 2010.


 



BORROWER:


 




	 MACC PRIVATE EQUITIES INC.	 	 
	 	 	 	 
	
By:

	
/s/  Travis T. Prentice

	
By: 

	/s/ Derek J. Gaertner	 
	 	 Travis T. Prentice, President & CEO of MACC	 	 Derek J. Gaertner, CFO & COO of MACC PRIVATE EQUITIES, INC.	 
	 	 PRIVATE EQUITIES, INC.  	 	 	 
	 	 	 	 







 





	
LENDER:













	
CEDAR RAPIDS BANK AND TRUST COMPANY








	 X	 /s/ John Hall	 
	 	John Hall, Asst. Vice President	 





 



 





	  












LASER PRO Lending Ver. 5.48.10.001 Copr. Harland Financial Solutions, Inc. 1997, 2010.  All Rights Reserved – IA W:\CRB\CFNLPL\DOC20C.FC  TR-4780 PR-9
##### 



Exhibit 31.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002 I, BARRY R. PEARL, certify that:  1.
    
    I have reviewed this quarterly report on Form 10-Q of TE Products
Pipeline Company, Limited Partnership;2.
    
    Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to
make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by
this quarterly report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all
material respects the financial condition, results of operations and cash
flows of the registrant as of, and for, the periods presented in this
quarterly report;4.
    
    The registrants other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant
and have:  a)
    
    Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our
supervision, to ensure that material information relating to the
registrant, including its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;b)
    
    [intentionally omitted pursuant to SEC Release No. 34-47986];c)
    
    Evaluated the effectiveness of the registrants disclosure
controls and procedures and presented in this quarterly report our
conclusions about the effectiveness of the disclosure controls and
procedures, as of the end of the period covered by this quarterly
report based on such evaluation; andd)
    
    Disclosed in this quarterly report any change in the
registrants internal control over financial reporting that occurred
during the registrants most recent fiscal quarter that has
materially affected, or is reasonably likely to materially affect,
the registrants internal control over financial reporting; and  5.
    
    The registrants other certifying officer and I have disclosed, based on
our most recent evaluation of internal control over financial reporting,
to the registrants auditors and the audit committee of the registrants
board of directors (or persons performing the equivalent functions):  a)
    
    All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting
which are reasonably likely to adversely affect the registrants
ability to record, process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrants
internal control over financial reporting. April 29, 2004
    
    /s/ BARRY R. PEARLBarry R. PearlPresident and Chief Executive OfficerTEPPCO GP, Inc., General Partner
[Federal Register Volume 66, Number 89 (Tuesday, May 8, 2001)]
[Notices]
[Pages 23232-23233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11532]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-825]


Oil Country Tubular Goods from Korea: Extension of Time Limit for 
Preliminary Results of Antidumping Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Extension of Time Limit For Preliminary Results of 
Administrative Review.

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

EFFECTIVE DATE: May 8, 2001.

[[Page 23233]]


FOR FURTHER INFORMATION CONTACT: Michael Strollo, AD/CVD Enforcement, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington DC 20230; telephone: (202) 482-5255.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act. In addition, unless otherwise indicated, 
all citations to the Department's regulations are to the current 
regulations, codified at 19 CFR part 351 (2000).

Background

    On August 31, 2000, the Department of Commerce (the Department) 
received a request from SeAH Steel Corporation (``SeAH'') for an 
administrative review of the antidumping duty order on oil country 
tubular goods from Korea. On October 2, 2000, the Department published 
a notice of initiation of this administrative review, covering the 
period of August 1, 1999 through July 31, 2000 (65 FR 58733).

Extension of Time Limits for Preliminary Results

    Because of the complexities enumerated in the Memorandum from 
Barbara E. Tillman to Joseph A. Spetrini, Extension of Time Limit for 
the Preliminary Results of the Antidumping Duty Administrative Review 
of Oil Country Tubular Goods (OCTG) from Korea, dated April 18, 2001, 
it is not practical to complete this review within the time limits 
mandated by section 751(a)(3)(A) of the Act.
    Therefore, in accordance with section 751(a)(3)(A) of the Act, the 
Department is extending the time limit for the preliminary results of 
review until August 31, 2001. The final results continue to be due 120 
days after the publication of the preliminary results.

    Dated: April 27, 2001.
Joseph A. Spetrini,
Acting Deputy Assistant Secretary, AD/CVD Enforcement Group III.
[FR Doc. 01-11532 Filed 5-7-01; 8:45 am]
BILLING CODE 3510-DS-P
Exhibit






CERTAIN INFORMATION HAS BEEN OMITTED FROM THIS DOCUMENT BECAUSE IT IS (I) NOT MATERIAL, AND (II) WOULD BE COMPETITIVELY HARMFUL IF PUBLICLY DISCLOSED.  OMISSIONS ARE MARKED [*******].


THIRD ADDENDUM TO LEASE AGREEMENT


THIS THIRD ADDENDUM TO LEASE AGREEMENT (this "Agreement") is made as of May 1, 1996, by and between MELVYN J. POWERS and MARY P. POWERS, individuals d/b/a M&M REALTY, with an office address at 7 Finance Drive, Danbury, Connecticut 06810 (together, the “Lessor”) and LORAD, A DIVISIONOF TREX-MEDICAL CORPORATION, a corporation organized and existing under the laws of the State of Delaware with an office address at 36 Apple Ridge Road, Danbury, Connecticut 06810 (the "Lessee").








BACKGROUND:


As of December 26, 1995, Lessor and Lessee entered into a lease of certain premises at Apple Ridge Road. Danbury, Connecticut 06810, as therein more particularly described, and upon the terms and conditions therein contained, which lease was amended by a certain First Addendum to Lease Agreement entered into by and between Lessor and Lessee and dated as of March 1, 1996, and by a certain Second Addendum to   Lease Agreement entered into by and between Lessor and Lessee and dated as of April 1, 1996, which lease as so amended is herein referred to as the “Lease”.  Lessor and Lessee have agreed to further amend the Lease in manner hereinafter set out.








NOW, THEREFORE, in consideration of the sum of One ($1.00) Dollar each to the other in hand paid, receipt whereof being hereby acknowledged, Lessor and Lessee agree as follows:


1.     In the fourth line of Section 2.2 of the Lease, the words "May 1, 1996” shall be deemed deleted and replaced with the words "May 10, 1996".


2.    Except as hereby expressly modified, the lease shall remain in full force and effect upon the terms and conditions therein contained.    ·


3.    This Agreement is made under and shall be construed in accordance with the laws of the State of Connecticut.


IN WITNESS WHEREOF, Lessor and Lessee have executed and delivered this Agreement as of the day and year first above written.


Signed, sealed and delivered
in the presence of:


/s/ Claire A. Milano
/s/ Melvyn J. Powers
/s/ Margaret Caruso    

























/s/ Claire A. Milano
/s/ Mary P. Powers
/s/ Margaret Caruso










/s/ Claire A. Milano
/s/ Melvyn J. Powers
/s/ Margaret Caruso






LORAD, A DIVISION OF
       TREX MEDICAL CORPORATION




/s/ Maria Lena Tibbits                    By: /s/ Raymond Calvo
Its: V.P., Controller
/s/ Karyn A. Colasanti                    Duly Authorized
# C_2009118EN.01000301.xml

| 27.5.2009 | EN | Official Journal of the European Union | C 118/3 |
| --- | --- | --- | --- |

27.5.2009

EN

Official Journal of the European Union

C 118/3

---

Notice of the impending expiry of certain anti-dumping measures

2009/C 118/03

1.   As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on protection against dumped imports from countries not members of the European Community, the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

1

2.   Procedure

Procedure

Community producers may lodge a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Community producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Time limit

Community producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit H-1), N-105 4/92, 1049 Brussel (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

2

4.   This notice is published in accordance with Article 11(2) of Regulation (EC) No 384/96 of 22 December 1995.

| Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry |
| --- | --- | --- | --- | --- |
| Synthetic fibre ropes | India | Anti-dumping duty | Council Regulation (EC) No 1736/2004 (OJ L 311, 8.10.2004, p. 1) | 9.10.2009 |

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry

Synthetic fibre ropes

India

Anti-dumping duty

Council Regulation (EC) No 1736/2004 (OJ L 311, 8.10.2004, p. 1)

9.10.2009

---

(1)  OJ L 56, 6.3.1996, p. 1.

1

(2)  Fax: +32 2 2956505.

2

---
Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 1 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 2 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 3 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 4 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 5 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 6 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 7 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 8 of 9Case 1:07-cv-01669-AKH Document 12 Filed 01/07/2008 Page 9 of 9
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 Agriculture

###### Forest Service 

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice; intent to prepare Supplement to Environmental Impact Statement.

# SUMMARY:

                        The NOI to prepare an Environmental Impact Statement for this project was published in the October 17, 1997 issue of the                         **Federal Register.**                         The FEIS was released to the public in February 2000. A Record of Decision was issued in November, 2000, but was subsequently reversed on appeal due to insufficient cumulative effects analysis. At this time, the Helena National Forest is soliciting comments which would help to identify past, ongoing, or reasonably foreseeable activities which could reasonably interact cumulatively with the activities considered with the Clancy-Unionville Vegetation Manipulation and Travel Management Project. The agency will use the information received in conjunction with other compiled information to develop the Draft Supplement EIS. A 45-day comment period will provide, and all comments will be used to develop a Final Supplemental EIS.                     

# ADDRESSES:

The responsible official is Thomas J. Clifford, Forest Supervisor, Helena National Forest, Supervisor's Office, 2880 Skyway Drive, Helena, MT. 59602, Phone: (406) 449-5201. 

# FOR FURTHER INFORMATION CONTACT:

Jerry Meyer, Interdisciplinary Team, Leader, Helena National Forest, Supervisor's Office, 2880 Skyway Drive, Helena, MT. 59602, Phone: (406) 446-5201, extension 278. 

Dated: April 24, 2001.

Thomas J. Clifford, 

Forest Supervisor, Helena National Forest.

[FR Doc. 01-11447 Filed 5-7-01; 8:45 am]

BILLING CODE 3410-11-M