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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-1973

MOLLY LYNN STINNETTE BARRETT,

Plaintiff - Appellant,

versus

DALKON SHIELD CLAIMANTS TRUST,

Defendant - Appellee.

Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District

Judge. (CA-97-51-1)

Submitted: December 8, 1998 Decided: December 29, 1998

Before WIDENER, HAMILTON, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Molly Lynn Stinnette Barrett, Appellant Pro Se. Robert Carl

Tucker, Rita A. Maimbourg, ARTER & HADDEN, Cleveland, Ohio; Jeffrey

Michael Wakefield, FLAHERTY, SENSABAUGH & BONASSO, Charleston, West

Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Molly Lynn Stinnette Barrett appeals the district court’s

order granting summary judgment to Defendant on the ground that

West Virginia’s two-year statute of limitations bars her action for

fraud and personal injury caused by the Dalkon Shield. We have

reviewed the record and the district court’s opinion and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. Barrett v. Dalkon Shield Claimants Trust, No. CA97-51-1 (N.D.W. Va. June 3, 1998). 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
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 Communications Commission

          - 47 CFR Part 73 
          - [DA 01-1272, MM Docket No. 99-269, RM-9698] 

# AGENCY:

Federal Communications Commission. 

# ACTION:

Final rule. 

# SUMMARY:

                        The Commission, at the request of Hearst-Argyle Stations, Inc., licensee of station KSBW(TV), substitutes DTV channel 10 for DTV channel 43 at Salinas, California.                         *See*64 FR 45500, August 20, 1999. DTV channel 10 can be allotted to Salinas in compliance with the principle community coverage requirements of Section 73.625(a) at reference coordinates (36-45-23 N. and 121-30-05 W.) with a power of 24.2, HAAT of 692 meters and with a DTV service population of 1848 thousand.                     

With this action, this proceeding is terminated. 

# DATES:

Effective July 9, 2001. 

# FOR FURTHER INFORMATION CONTACT:

Pam Blumenthal, Mass Media Bureau, (202) 418-1600. 

# SUPPLEMENTARY INFORMATION:

This is a synopsis of the Commission's Report and Order, MM Docket No. 99-269, adopted May 24, 2001, and released May 25, 2001. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street, SW., Washington, DC. The complete text of this decision may also be purchased from the Commission's copy contractor, International Transcription Services, Inc., (202) 857-3800, 1231 20th Street, NW., Washington, DC 20036. 

# List of Subjects in 47 CFR Part 73

      - Television
      - Digital television broadcasting

      ( print page 29726)    
Part 73 of Title 47 of the Code of Federal Regulations is amended as follows: 

# PART 73—[AMENDED] 

1. The authority citation for part 73 continues to read as follows: 

Authority:47 U.S.C. 154, 303, 334, 336.

§ 73.622

2. Section 73.622(b), the Table of Digital Television Allotments under California, is amended by removing DTV channel 43 and adding DTV channel 10 at Salinas. 

Federal Communications Commission.

Barbara A. Kreisman, 

Chief, Video Services Division, Mass Media Bureau.

[FR Doc. 01-13708 Filed 5-31-01; 8:45 am] 

BILLING CODE 6712-01-P
#### The People of the State of New York, Respondent, v Roosevelt Appleton, Appellant.

[875 NYS2d 699] —

Appeal from a judgment of the Supreme Court, Erie County (Timothy J. Drury, J.), rendered June 27, 2007. The judgment convicted defendant, upon a jury verdict, of reckless endangerment in the first degree, assault in the second degree, criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him *following*a jury trial of, inter alia, reckless endangerment in the first degree (Penal Law § 120.25) and assault in the second degree (§ 120.05 [2]). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction of reckless endangerment and assault *(see People v Gray,*86 NY2d 10, 19 [1995]). Viewing the evidence in light of the elements of the crimes as charged to the jury *(see People v Danielson,*9 NY3d 342, 349 [2007]), we conclude that the verdict with respect to those counts is not against the weight of the evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]). Defendant also failed to preserve for our review his contentions that he was denied a fair trial by the improper bolstering of the victim’s identification *(see People v Simms,*244 AD2d 920 [1997], *lv denied*91 NY2d 897 [1998]), that Supreme Court erred in admitting in evidence photographs of the victim’s vehicle *(see People v Craven,*48 AD3d 1183, 1184-1185 [2008], *lv denied*10 NY3d 861 [2008]), and that the court further erred in permitting the jurors to take notes without proper instructions *(see People v Green,*35 AD3d 1197 [2006], *lv denied*8 NY3d 922 [2007]). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice *(see*CPL 470.15 [6] [a]).

The court properly denied defendant’s motion to set aside the verdict pursuant to CPL 330.30 (3). The newly discovered evidence proffered in support of such a motion must be “of such nature that a different verdict probably would occur and, further, such [evidence] must not be cumulative or merely impeaching or contradicting of the trial evidence . . . Here, the proffered evidence does not create the probability of a different *1385result if a new trial were granted and clearly constitutes evidence contradictory to certain of the trial evidence, thus tending to impeach the testimony of a trial witness” *(People v Hayes,*295 AD2d 751, 752 [2002], *lv denied*98 NY2d 730 [2002]). Finally, we reject the contentions of defendant that he was denied effective assistance of counsel *(see generally People v Baldi,*54 NY2d 137, 147 [1981]), and that he was denied a fair trial by the cumulative effect of the alleged errors raised by defendant on appeal *(see People v McKnight,*55 AD3d 1315, 1317 [2008]). Present—Scudder, P.J., Smith, Peradotto, Garni and Green, JJ.
# C_2010070EN.01003901.xml

| 19.3.2010 | EN | Official Journal of the European Union | C 70/39 |
| --- | --- | --- | --- |

19.3.2010

EN

Official Journal of the European Union

C 70/39

---

Corrigendum to State aid — Latvian Republic — State aid C 39/09 (ex N 385/09) — Public financing of port infrastructure in Ventspils port — Invitation to submit comments pursuant to Article 108(2) of the TFEU

(
  Official Journal of the European Union C 62 of 13 March 2010
  )

(
  Official Journal of the European Union C 62 of 13 March 2010

2010/C 70/10

On page 7, third paragraph, address:

for:

| ‘European Commission |
| --- |
| Directorate-General for Transport and Energy |
| Directorate A |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22964104’, |

‘European Commission

Directorate-General for Transport and Energy

Directorate A

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22964104’,

read:

| ‘European Commission |
| --- |
| Directorate-General for Competition |
| State Aid Greffe |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Fax +32 22961242’. |

‘European Commission

Directorate-General for Competition

State Aid Greffe

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22961242’.

---
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549



---

FORM 8-K

---



CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Act of 1934



Date of Report (Date of earliest event reported):  April 9, 2007



---

THE VALSPAR CORPORATION

(Exact name of registrant as specified in its charter)



|Delaware                                      | 1-3011                  | 36-2443580                         
|--------------------------------------------- | ----------------------- | -----------------------------------
|(State or other jurisdictionof incorporation) | (CommissionFile Number) | (I.R.S. EmployerIdentification No.)



|1101 Third Street South, Minneapolis, Minnesota | 55415     
|----------------------------------------------- | ----------
|(Address of principal executive offices)        | (Zip Code)





Registrants telephone number, including area code:(612) 332-7371



Not Applicable

(Former name or former address, if changed since last report)



---

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (seeGeneral Instruction A.2. below):



oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)



oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)



oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))



oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))







---

Item 7.01.
        Regulation FD Disclosure.




On April 9, 2007, the Company issued a press release. A copy of the press release is being furnished to the Securities and Exchange Commission and is attached as Exhibit 99.1 to this Form 8-K.



Item 9.01
        Financial Statements and Exhibits.




(d)
        Exhibits




99.1
        Press Release dated April 9, 2007




SIGNATURE



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.





THE VALSPAR CORPORATIONDated:  April 9, 2007
        /s/ Rolf EnghName:
        Rolf EnghTitle:
        Secretary






---
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2308 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2308

  To amend the VA MISSION Act of 2018 to expand the veterans healing 
    veterans medical access and scholarship program to include more 
                         students and schools.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2019

Miss Gonzalez-Colon of Puerto Rico introduced the following bill; which 
           was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To amend the VA MISSION Act of 2018 to expand the veterans healing 
    veterans medical access and scholarship program to include more 
                         students and schools.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. VETERANS HEALING VETERANS MEDICAL ACCESS AND SCHOLARSHIP 
              PROGRAM.

    Section 304 of the VA MISSION Act of 2018 (Public Law 115-182; 38 
U.S.C. 7601 note) is amended--
            (1) in subsection (a), by striking ``18 eligible veterans'' 
        and inserting ``28 eligible veterans''; and
            (2) in subsection (g)--
                    (A) in the subsection heading, by striking 
                ``Covered Medical Schools'' and inserting 
                ``Definitions'';
                    (B) in paragraph (1), by redesignating 
                subparagraphs (A) through (E) as clauses (i) through 
                (v), respectively (and by moving such clauses two ems 
                to the right);
                    (C) by redesignating paragraphs (1) through (5) as 
                subparagraphs (A) through (E), respectively (and by 
                moving such subparagraphs two ems to the right);
                    (D) by striking ``section, the term'' and inserting 
                the following: ``section:
            ``(1) Covered medical school.--The term''; and
                    (E) by adding at the end the following:
                    ``(F) University of Puerto Rico School of Medicine.
                    ``(G) Universidad Central del Caribe School of 
                Medicine.
                    ``(H) San Juan Bautista School of Medicine.
                    ``(I) Ponce Health Sciences University.
                    ``(J) University of Texas Health Sciences Center at 
                San Antonio.
            ``(2) State.--The term `State' has the meaning given that 
        term in section 101 of title 38, United States Code.''.
                                 <all>
```
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
  1.
    
    the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and2.
    
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of the Companies.
 /s/ Erik OlssonErik OlssonPresident and 
Chief Executive OfficerJuly 31, 2008/s/ David MathiesonDavid MathiesonSenior Vice President, and 
Chief Financial OfficerJuly 31, 2008
ROCKIES
REGION 2007 LIMITED PARTNERSHIP


(A West Virginia Limited
Partnership)






Exhibit
32.2







CERTIFICATION




In
connection with the Quarterly Report of the Registrant on Form 10-Q for the
period ended June 30, 2008, as amended by Amendment No. 2 on Form 10-Q/A as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), the undersigned certify pursuant to § 906 of the Sarbanes-Oxley Act
of 2002, that:




(1)
            The
      Report fully complies with the requirements of section 13(a) or 15(d) of
      the Securities Exchange Act of 1934;
and




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






/s/
      Gysle R. Shellum
              
              December
      10, 2008Gysle
      R. ShellumChief
      Financial Officer
                Petroleum
      Development Corporation,
                Managing
      General Partner of the Registrant




A
signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided the Registrant and will be retained
by the Registrant and furnished to the Securities and Exchange Commission or its
staff upon request.
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 annual report of Stellar Pharmaceuticals Inc. (the Company) on Form 10-K for the year ended December 31, 2008as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Peter Riehl, Chief Executive Officer, certify to my knowledge and in my capacity as an officer of the Company, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.

The Report fully complies with the requirements of Section 13(a) or 15(d) 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 as of the dates and for the periods expressed in the Report.

Date: April 9, 2009



| |                                      
| | -------------------------------------
| |                                      
| | /s/ Peter Riehl                      
| | Peter Riehl                          
| | President and Chief Executive Officer
EXHIBIT 1

SPIKES Market Maker Program

Program Purpose

The purpose of the SPIKES Market Maker Program (the “Program”) is to incentivize participants to support 

the continued development of the products listed below. The resulting additional central limit order book 

liquidity benefits all participants in the market.

Product Scope

SPIKES Volatility Index Futures that are traded on MGEX via the CME Globex® trading platform 

(“Product”). The Program consists of four Sections for participants.

Eligible Participants

With the exception of one subset, there is no limit to the number of participants in the Program. There are

no member requirements for participants.

For Section 1, the Exchange may designate one or more participants who agree to make two-sided markets 

in the Product throughout the Regular Trading Session (“RTS”) and, as specified, one or more Extended 

Trading Sessions (“ETS”). In determining whether or not to select a prospective participant for the 

Program, the Exchange may take into account a variety of factors, including: whether the prospective 

participant is willing to quote throughout RTS and, where specified, ETS; the strength of the quoting 

obligations the prospective participant is willing to commit to provide; whether the Exchange believes that 

the prospective participant can maintain such obligations based on the application; and historical trading 

volume in related products. The Exchange may, from time to time, add or subtract from the aforementioned 

requirements as it deems necessary. Failure to meet quoting requirements, among other things, may 

result in removal from the Program. Participants must complete an application with the Exchange to be 

eligible for Section 1 of the Program. An application can be received by contacting MGEX at 

mgex@mgex.com.

For Sections 2, 3, and 4, there are no application requirements. 

Program Term

Start date is October 1, 2021. End date is May 31, 2023June 30, 2023.

Hours

RTS and/or ETS.

Obligations

In order to be eligible to receive the incentives, participants must quote two-sided markets in the Product 

at predetermined average bid/ask spreads meeting certain volume thresholds at specified time-in-market 

requirements.

Incentives

Upon meeting all obligations, as determined by the Exchange, participants will be eligible to receive 

predetermined incentives.

Monitoring and Termination of Status
The Exchange will monitor trading activity and participants’ performance and retain the right to revoke 

participant status if it concludes from review that a participant no longer meets the eligibility requirements, 

fails to meet the obligations of the Program, or fails to comply with Exchange rules (including, but not limited 

to, rules relating to market manipulation, wash trades, etc.) or any applicable law.
<PAGE>

                                                                      Exhibit 23

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the registration statement on
Form S-8 previously filed by Peoples Ohio Financial Corporation on February 21,
2002 and October 31, 2002, of our report dated August 4, 2004 on the
consolidated financial statements of Peoples Ohio Financial Corporation, as of
June 30, 2004 and 2003 and for each of the years in the three year period ended
June 30, 2004, which report and financial statements are contained in the Annual
Report on Form 10-K for the fiscal year ended June 30, 2004.

                                               /s/ BKD, LLP
                                               --------------------------
                                                   BKD, LLP

Cincinnati, Ohio
September 24, 2004
EXHIBIT 10.3



AMENDMENT No. 1, dated as of January __, 2008, to letter agreement dated as of November 9, 2007 (the Letter Agreement) between Lenox Group Inc., with its principal office at One Village Place, 6436 City West Parkway, Eden Prairie, MN 55344 (LGI or the Company) and Fred Spivak, residing at 95 Mirnosa Drive, Roslyn, New York 11576.



2.
        Entitlement to Severance Benefits.




The Letter Agreement is hereby amended by adding the following to the last paragraph of Section 2:



In the event such a Termination occurs under the circumstances set forth in this Section 2 and you execute the Exhibit A release, the Company will waive enforcement of any non-compete restriction for which you may be obligated to the Company pursuant to any equity and/or employment agreements with the Company.



12.
        Sale or Merger of the Company.




The Letter Agreement is hereby amended by adding the following Section 12:



Subject to the terms and conditions of the Letter Agreement,in the event the strategic alternative process announced by the Company on January 14, 2008 results in the sale or merger of the Company, you will be eligible to receive a success bonus to the extent there is a pool of funds (hereinafter the Success Bonus Fund) if the sale price or merger value of the Company exceeds transactional share price levels to be defined at a future date by the Special Committee of the Board of Directors of the Company overseeing the strategic alternative process (the Special Committee). Your success bonus will be based on a discretionary award, if any, from the Success Bonus Fund, as determined in the sole discretion of the Special Committee. For purposes of determining a discretionary success bonus under this Section, the Special Committee will
consider the level of contribution made by you to the strategic alternative process.  For the avoidance of doubt, it is agreed that this success bonus will not be triggered if there is a sale or merger of a subsidiary, affiliate or division of the Company, except that if the entire Company is sold or merged within twelve (12) months after said subsidiary, affiliate or division is sold or merged, then the sale or merger of said subsidiary, affiliate or division will be deemed to be part of the sale or merger of the entire Company for purposes of determining a success bonus hereunder. If a bonus under this Section becomes payable, it will be paid in one lump sum in cash or securities (as may be determined by the Special Committee in the event such bonus is earned from a sale or merger in which securities are the form of consideration) within 30 days after the occurrence of the event allowing for such bonus.



IN WITNESS WHEREOF the parties have executed and delivered this Amendment No. 1 as of the date first above written.



EMPLOYEE
        
        LENOX GROUP INC.By:Fred Spivak
        
        
        Stewart M. Kasen, Chairman








---