alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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this opinion should not be published and is not precedent except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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-60867

Conference Calendar

 

PAUL CLARK,

Plaintiff-Appellant,

versus

ROY ANDERSON CORP.;

R.A. BUILDING CORP.,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:95-CV-585-R-R

- - - - - - - - - -

August 15, 1997

Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.

PER CURIAM:*

Paul Clark has appealed the district court’s order granting

the defendants’ motion for summary judgment and dismissing his

tort claims under the Jones Act and General Maritime Law. Clark

contends that the district court erred in determining that the

spud barge on which the alleged injury occurred was not a

“vessel” for purposes of the Jones Act. Clark also contends that

the district court erred in determining that it did not have
No. 96-60867

- 2 -

jurisdiction under General Maritime Law to entertain the tort

claim. We have carefully reviewed the record and the briefs,

and, essentially for reasons stated by the district court, Clark

v. Roy Anderson Corp., No. 1:95-CV-585RR (S.D. Miss. Nov. 12,

1996), we AFFIRM the district court’s order granting the

defendants’ motion for summary judgment.

AFFIRMED.
# EUR-Lex - 52009PC0305 - EN

Important legal notice

*|*

# 52009PC0305

**Commission Opinion pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council Common Position regarding the proposal for a Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market (recast) amending the proposal of the Commission by virtue of Article 250(2) of the EC Treaty /* COM/2009/0305 final */ **

*

*

[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 22.6.2009

COM(2009) 305final

2007/0099/COD

COMMISSION OPINION pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty on the European Parliament's amendments to the Council Common Position regarding the proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for access to the international road haulage market (recast)

AMENDING THE PROPOSAL OF THE COMMISSION by virtue of Article 250(2) of the EC Treaty

COMMISSION OPINIONpursuant to Article 251(2), third subparagraph, point (c) of the EC Treatyon the European Parliament's amendmentsto the Council Common Position regarding theproposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on common rules for access to the international road haulage market (recast)

1. Introduction

Article 251(2), third subparagraph, point (c) of the EC Treaty requires the Commission to deliver an opinion on the amendments proposed by the European Parliament at second reading. The Commission's opinion on the amendments proposed by Parliament is set out below.

2. Background

Date on which the proposal was sent to the European Parliament and to the Council: (document COM(2007) 265 final – 2007/0099/COD): | 23 May 2007 |

Date of the opinion of the European Economic and Social Committee: | 12 March 2008 |

Date of the opinion of the European Parliament, first reading: | 21 May 2008 |

Date of transmission of the amended proposal: | 13 June 2008 |

Date of adoption of the common position: | 9 January 2009 |

Date of the opinion of the European Parliament, second reading | 23 April 2009 |

3. Aim of the proposal

The proposal adopted by the Commission on 23 May 2007 establishes common rules for access to the international road haulage market. The proposal replaces two Regulations on access to the market for road hauliers and a Council Directive exempting certain transport from authorisation. It aims, inter alia , to improve the enforcement of the rules on cabotage by defining it more clearly.

4. Opinion of the Commission on the amendments by the European Parliament

After several months of negotiations under the Czech Presidency, Parliament and the Council agreed on a compromise at second reading, in particular concerning the definition of cabotage. The Commission can accept the compromise amendment adopted by the European Parliament after the second reading to confirm this agreement.

5. Conclusion

By virtue of Article 250(2) of the EC Treaty, the Commission will amend its proposal in accordance with the above.
#### SMITH, Respondent, v. WEAVER, Appellant.

(Supreme Court, General Term, Fifth Department.

June 20, 1894.)

Action by Vernon E. Smith against Anna. B. Weaver.

No opinion. Judgment of the county court of Chautauqua county appealed from affirmed, with costs.
(82 South. 893)

#### Ex parte FRANKLIN.

(6 Div. 913.)

(Supreme Court of Alabama.

June 12, 1919

Rehearing Denied June 30, 1919.)

Certiorari to Court of Appeals.

Goodwyn *&*Ross, of Bessemer, for appellant.

Percy, Benners & Burr and D. K. McKamy, all of Birmingham, for appellee.

THOMAS, J.

Application of Joseph Franklin for certiorari to Court of Appeals to review and revise the judgment of said court rendered in the case of Tennessee Coal, Iron & Railroad Company v. Joseph Franklin, 82 South. 563. Writ denied.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 20301 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

HO LAM

,

Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:13

- CR

- 407

- 1

Before DAVIS , JONES, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The attorney appointed to represent Ho Lam has moved for leave to

withdraw and has filed a brief in accordance with Anders v. California , 386
U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Lam

h a s not filed a response. We have reviewed counsel’s brief and the releva nt portions of the record reflected therein. We concur with counsel’s assessment
that the appeal presents no nonfrivolous issue for appellate review.

* 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
June 1 6 , 2015
Lyle W. Cayce Clerk Case: 14-20301 Document: 00513080209 Page: 1 Date Filed: 06/16/2015No. 14

- 20301

2 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is
excused from further responsi bilities herein, and the APPEAL IS DISMISSED.

See 5 TH C IR

. R. 42.2. Case: 14-20301 Document: 00513080209 Page: 2 Date Filed: 06/16/2015
<PAGE>   1

EXHIBIT 11.1  STATEMENT RE COMPUTATION OF EARNINGS PER SHARE

In accordance with the disclosure requirements of SFAS 128, a reconciliation of
the numerator and denominator of basic and diluted EPS is provided below.

(Unaudited and in thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                 THREE MONTHS ENDED                 SIX MONTHS ENDED
                                           ------------------------------    ------------------------------
NUMERATOR - BASIC AND DILUTED EPS:         JUNE 30, 2001    JUNE 30, 2000    JUNE 30, 2001    JUNE 30, 2000
                                           -------------    -------------    -------------    -------------
<S>                                        <C>              <C>              <C>              <C>
       Net loss                              $ (5,759)        $ (1,235)        $(19,010)        $ (5,109)
Denominator - Basic EPS:
       Weighted average common shares          34,390           34,216           34,358           34,088
                                             --------         --------         --------         --------
Basic loss per share                         $  (0.17)        $  (0.04)        $  (0.55)        $  (0.15)
                                             ========         ========         ========         ========
Denominator - Diluted EPS:
       Denominator - basic EPS                 34,390           34,216           34,358           34,088
Effect of dilutive securities
       Common stock options                         0                0                0                0
                                             --------         --------         --------         --------
Weighted average diluted shares                34,390           34,216           34,358           34,088
                                             --------         --------         --------         --------
Diluted loss per share                       $  (0.17)        $  (0.04)        $  (0.55)        $  (0.15)
                                             ========         ========         ========         ========
</TABLE>
Clear All

        08 February 2023    

                    Blue-Green Dream Team: Integrating Navy and Marine Forces Aboard BATARG for PMINT                 
                Over the course of almost two weeks, the Bataan Amphibious Ready Group (BATARG) and 26th Marine Expeditionary Unit (MEU) successfully integrated with Amphibious Squadron 8 (PHIBRON 8) across the three ships Wasp-class amphibious assault ship USS Bataan (LHD 5), San Antonio-class amphibious transport            

#####  

##### Navy.mil  |  Navy.com  |  Navy FOIA  |  DoD Accessibility/Section 508  |  No Fear Act  |  Open Government  |  Plain Writing Act USA.gov  |  Veterans Crisis Line  |  VA Vet Center  |  FVAP  |   DoD Safe Helpline  |  Navy SAPR  |  NCIS Tips  |  Privacy Policy  |  Site Map  |  Contact US

###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 1 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 2 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 3 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 4 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 5 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 6 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 7 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 8 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 9 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 10 of 13
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Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 12 of 13
Case 1:07-cv-01529-AKH Document 30 Filed 11/26/2007 Page 13 of 13
Clear All

        11 August 2022    

                    USS Indiana returns from deployment                 
                GROTON, Conn. - The Virginia-class fast attack submarine USS Indiana (SSN 789) returned to its homeport of Naval Submarine Base New London on Wednesday, Aug. 10, 2022, after a deployment of more than six months.            

#####  

##### Navy.mil  |  Navy.com  |  Navy FOIA  |  DoD Accessibility/Section 508  |  No Fear Act  |  Open Government  |  Plain Writing Act USA.gov  |  Veterans Crisis Line  |  VA Vet Center  |  FVAP  |   DoD Safe Helpline  |  Navy SAPR  |  NCIS Tips  |  Privacy Policy  |  Site Map  |  Contact US

###### Commander, U.S. Fleet Forces Command   |   1562 Mitscher Ave., Suite 250   |   Norfolk, Virginia 23551-2487

###### Official U.S. Navy Website
<TABLE> <S> <C>

<ARTICLE>                                            9

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                         3,262,262
<INT-BEARING-DEPOSITS>                         1,525,000
<FED-FUNDS-SOLD>                                       0
<TRADING-ASSETS>                                       0
<INVESTMENTS-HELD-FOR-SALE>                   25,087,796
<INVESTMENTS-CARRYING>                                 0
<INVESTMENTS-MARKET>                                   0
<LOANS>                                       66,785,642
<ALLOWANCE>                                      657,380
<TOTAL-ASSETS>                                98,914,461
<DEPOSITS>                                    79,478,326
<SHORT-TERM>                                   5,297,967
<LIABILITIES-OTHER>                            1,474,136
<LONG-TERM>                                            0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                      13,090,619
<OTHER-SE>                                      (426,588)
<TOTAL-LIABILITIES-AND-EQUITY>                98,914,461
<INTEREST-LOAN>                                4,002,694
<INTEREST-INVEST>                              1,232,008
<INTEREST-OTHER>                                  86,273
<INTEREST-TOTAL>                               5,320,975
<INTEREST-DEPOSIT>                             2,699,225
<INTEREST-EXPENSE>                             2,956,442
<INTEREST-INCOME-NET>                          2,364,533
<LOAN-LOSSES>                                     25,000
<SECURITIES-GAINS>                                (8,834)
<EXPENSE-OTHER>                                1,644,787
<INCOME-PRETAX>                                  925,945
<INCOME-PRE-EXTRAORDINARY>                       925,945
<EXTRAORDINARY>                                        0
<CHANGES>                                              0
<NET-INCOME>                                     625,945
<EPS-BASIC>                                         0.45
<EPS-DILUTED>                                       0.45
<YIELD-ACTUAL>                                      3.44
<LOANS-NON>                                            0
<LOANS-PAST>                                     493,000
<LOANS-TROUBLED>                                       0
<LOANS-PROBLEM>                                        0
<ALLOWANCE-OPEN>                                 660,741
<CHARGE-OFFS>                                     32,154
<RECOVERIES>                                       3,793
<ALLOWANCE-CLOSE>                                657,380
<ALLOWANCE-DOMESTIC>                             657,380
<ALLOWANCE-FOREIGN>                                    0
<ALLOWANCE-UNALLOCATED>                                0


</TABLE>
**Exhibit 32.2****SECTION 906 CERTIFICATION**     In connection with the Annual Report of enherent Corp. (the “Company”) on Form 10-K forthe period ended June 30, 2005 as filed with the Securities and Exchange Commission on the datehereof (the Report), I, James Liggett, Principal Financial Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, adopted as pursuant to Section 906 of the Sarbanes-Oxley Act of2002, that:     (1) The Report fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and     (2) The information contained in the Report fairly presents, in all material respects,the financial condition and result of operations of the Company.       /s/ James Liggett         James Liggett    Principal Financial Officer    August 12, 2005  A signed original of this written statement required by Section 906, or other documentauthenticating, acknowledging, or otherwise adopting, the signature that appears in typed formwithin the electronic version of this written statement required by Section 906, has been providedto enherent, Corp. and will be retained by enherent, Corp. and furnished to the Securities andExchange Commission or its staff upon request.
#### The People of the State of New York, Respondent, v Reginald King, Appellant.

Yesawich, Jr., J.

Appeals (1) *816from a judgment of the County Court of Clinton County (Feinberg, J.), rendered February 25, 1988, convicting defendant upon his plea of guilty of the crime of absconding from temporary release in the first degree, and (2) by permission, from an order of said court, entered October 25, 1988, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant pleaded guilty to the crime of absconding from temporary release in the first degree after his motion to dismiss the indictment based on the People’s alleged failure to comply with speedy trial requirements was denied. As part of a plea agreement, defendant waived his right to appeal except as to the issue of whether his right to a speedy trial under CPL 30.30 had been violated. He thereafter commenced a direct appeal on that ground. In the meantime, defendant, fearing that his attempt to reserve his right to appellate review of the statutory speedy trial issue had been ineffectual, moved to withdraw his guilty plea, relying on *People v Di Raffaele*(55 NY2d 234). County Court denied the motion, noting the lack of unanimity among the Appellate Divisions on questions of waivers of the right to appeal. A Justice of this court granted defendant leave to appeal from that decision, which appeal is being decided together with defendant’s earlier direct appeal; we reverse.

The issue here has already been determined by the Court of Appeals: a guilty plea precludes appellate review of a defendant’s statutory speedy trial claim, even one of a conditional nature which has been consented to by the prosecutor and approved by the court *(People v O’Brien,*56 NY2d 1009, 1010). We reject the People’s contention that defendant was seeking to reserve his constitutional, rather than statutory, speedy trial challenge, which is not automatically waived by a guilty plea *(see, People v Friscia,*51 NY2d 845, 847). That assertion is plainly refuted by the record.

When, as here, a plea is conditioned on the reservation of a claim for appellate review, and that reservation proves to be ineffectual, defendant is entitled to withdraw his guilty plea *(People v Di Raffaele, supra,*at 241).

Appeal from the judgment dismissed.

Order reversed, on the law, motion to vacate the judgment granted, and matter remitted to the County Court of Clinton County for further proceedings not inconsistent with this court’s decision. Mahoney, P. J., Kane, Yesawich, Jr., Levine and Mercure, JJ., concur.
#### UNITED STATES of America, Plaintiff-Appellee, v. Dewayne GILMORE, Defendant-Appellant.

No. 13-6132.

United States Court of Appeals, Fourth Circuit.

Submitted: April 25, 2013.

Decided: April 30, 2013.

Dewayne Gilmore, Appellant Pro Se. Michael Ronald Gill, Assistant United States Attorney, Richmond, Virginia, for Appel-lee.

Before AGEE and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Dewayne Gilmore appeals the district court’s order denying his motion to receive credit for time served. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *United States v. Gilmore,*No. 3:08-cr-00014-REP-1 (E.D.Va. Jan. 14, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Notices]
[Page 23037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11399]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel.
    Date: June 27-28, 2001.
    Time: 8 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Holiday Inn Bethesda, 8120 Wisconsin Avenue, Bethesda, MD 
20814.
    Contact Person: Laura K. Moen, PhD, Scientific Review 
Administrator, Office of Scientific Review, National Institute of 
General Medical Sciences, National Institutes of Health, Natcher 
Building, Room 1AS-13H, Bethesda, MD 20892, 301-594-3998, 
<a href="/cdn-cgi/l/email-protection#ed8082888381ad83848a809ec3838485c38a829b"><span class="__cf_email__" data-cfemail="dfb2b0bab1b39fb1b6b8b2acf1b1b6b7f1b8b0a9">[email protected]</span></a>


(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)
    Dated: April 30, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-11399 Filed 5-4-01; 8:45 am]
BILLING CODE 4140-01-M


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Texas Mineral Resources Corp. 10-K 




 


 


Exhibit 10.10


 


Summary of Verbal Employment Arrangement


 


The Company pays Dan Gorski, our chief
executive officer, a salary of $120,000 per year.


 




    51