alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 66, Number 119 (Wednesday, June 20, 2001)]
[Notices]
[Page 33085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15538]


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

FEDERAL MARITIME COMMISSION


Notice of Agreement(s) Filed

    The Commission hereby gives notice of the filing of the following 
agreement(s) under the Shipping Act of 1984. Interested parties can 
review or obtain copies of agreements at the Washington, DC offices of 
the Commission, 800 North Capitol Street, NW., Room 940. Interested 
parties may submit comments on an agreement to the Secretary, Federal 
Maritime Commission, Washington, DC 20573, within 10 days of the date 
this notice appears in the Federal Register.
    Agreement No.: 011528-019.
    Title: Japan-United States Eastbound Freight Conference.
    Parties: American President Lines, Ltd., Hapag-Lloyd Container Line 
GmbH, Kawasaki Kisen Kaisha, Ltd., Mitsui O.S.K. Lines, Ltd., A.P. 
Moller-Maersk Sealand, Nippon Yusen Kaisha, Orient Overseas Container 
Line Limited, P&O Nedlloyd B.V., P&O Nedlloyd Limited, Wallenius 
Wilhelmsen Lines AS.
    Synopsis: The proposed modification extends the current suspension 
of the conference for an additional six months from July 31, 2001, 
through January 31, 2002.

    Agreement No.: 011769.
    Title: Atlantsskip ehf/Samskip hf Space Charter Agreement.
    Parties: Atlantsskip ehf, Samskip hf.
    Synopsis: The proposed agreement authorizes Atlantsskip to provide 
Samskip with space on its vessels for sailings between Iceland and 
certain U.S. Atlantic coast ports. Samskip will provide Atlantsskip 
with certain agency, terminal, and distribution services in Norfolk, 
Virginia.

    Agreement No.: 201065-001.
    Title: New Orleans/New Orleans Maritime Contractors Terminal 
Agreement.
    Parties: The Board of Commissioners of the Port of New Orleans New 
Orleans Maritime Contractors, Inc. d/b/a P&O Ports Louisiana.
    Synopsis: The proposed amendment amends the term of the lease and 
updates the name of one of the parties. The basic term of the agreement 
will be extended through November 30, 2001.

    Dated: June 15, 2001.

    By Order of the Federal Maritime Commission.
Theodore A. Zook,
Assistant Secretary.
[FR Doc. 01-15538 Filed 6-19-01; 8:45 am]
BILLING CODE 6730-01-P
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             DEC-27-1999
<PERIOD-END>                               JUN-25-2000
<CASH>                                           1,264
<SECURITIES>                                         0
<RECEIVABLES>                                    1,175
<ALLOWANCES>                                       183
<INVENTORY>                                     20,682
<CURRENT-ASSETS>                                24,858
<PP&E>                                          22,988
<DEPRECIATION>                                   5,809
<TOTAL-ASSETS>                                  43,014
<CURRENT-LIABILITIES>                           24,861
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        12,427
<OTHER-SE>                                       1,793
<TOTAL-LIABILITY-AND-EQUITY>                    43,014
<SALES>                                         88,674
<TOTAL-REVENUES>                                88,674
<CGS>                                           75,742
<TOTAL-COSTS>                                   94,130
<OTHER-EXPENSES>                                    60
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 289
<INCOME-PRETAX>                                 (5,805)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (5,805)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0<F1>
<CHANGES>                                            0
<NET-INCOME>                                    (5,805)
<EPS-BASIC>                                      (1.61)
<EPS-DILUTED>                                    (1.61)
<FN>
<F1>(early ext. of debt)
</FN>


</TABLE>
Joseph V. MULAY, petitioner, v. UNITED STATES.

No. 15-9574.

Supreme Court of the United States

Oct. 31, 2016.

*372Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
935.

#### Rowland *v.*Page, constable, for use, etc.

Hill, C. J.

1. Section 5430 of the Civil Code prescribes the condition of a forthcoming bond authorized to be taken by the levying officer, and the officer has no right to vary the condition by any agreement with the defendant in execution. Any such agreement is void and without effect as to the right of the plaintiff in execution, and can not be set up as a defense to a suit on the bond, brought by the officer, for the use of the plaintiff in execution. *King*v. *Castlen,*91 *Ga.*488 (18 S. E. 313).

2. That the security on a forthcoming bond was induced to sign it by a fraudulent promise or representation made by the levying officer, where the plaintiff was not privy to the fraud, constitutes no defense to a suit on the bond. If the levying officer deceived or misled the surety, to his hurt, the redress is against him. Civil Code, § 5437; *Craig*v. *Herring,*80 *Ga.*709 (5), (6 S. E. 283).

3. “In an action on a forthcoming bond, no issue can properly be raised as to the title to the property involved. The only question to be decided is whether or not there has been a breach of the bond.” *O’Neill Mfg. Co.*v. *Harris,*127 *Ga.*641 (56 S. E. 739) ; *Hatton*v. *Brown,*1 *Ga. App.*747 (57 S. E. 1044).

4. Where the property of a tenant was levied upon under an execution, and a forthcoming bond was given by him, with his landlord as security, the tenant could not thereafter deliver the property to the landlord in settlement of a debt to the landlord, and thereby release the latter from liability on the bond. *Barfield*v. *Covington,*103 *Ga.*190 (29 S. E. 759). *Judgment affirmed.*

*270Certiorari, from Johnson superior court — Judge Eawlings. November 26, 1907.

Argued February 18,

Decided April 22, 1908.

An execution against Outlaw was levied on certain corn as his property, and he replevied the property, executing a* forthcoming bond with Eowland as security, payable to Page, constable, the levying officer. To a suit on this bond, brought in a justice’s court by Page, as constable, for the use of the plaintiff in execution, against the principal and the surety, Eowland pleaded, in substance, that the corn levied on was his own property and was never the property of Outlaw; that he was Outlaw’s landlord and the corn was raised by Outlaw as his cropper; that at the time of the levy the levying officer was apprised of these facts, but induced him to sign the bond by promising to hold up the levy until he (Eowland) and Outlaw could have a settlement between themselves, and that if nothing was due Outlaw the bond was to be void; that the officer did not comply with the terms ■ of the agreement, and thus practiced a fraud upon him; that he, as landlord, had a settlement with Outlaw, and it was found that he owed nothing to Outlaw, but that Outlaw was indebted to him. The justice, on demurrer, struck the pleas, and the superior court, on certiorari, sustained this judgment and dismissed the certiorari. Eowland excepted.

*'William Faircloth, B. B. Blount, Hines & Jordan,*for plaintiff in error. *F. L. Stephens,*contra.
#### UNITED STATES of America, Plaintiff-Appellee v. William Ray HERRERA, Defendant-Appellant.

No. 07-10504

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 16, 2008.

William Ray Herrera, Bastrop, TX, pro se.

Marc Woodson Barta, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Before KING, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

William Ray Herrera, federal prisoner # 34154-144, was convicted of one charge of possessing methamphetamine with intent to distribute and was sentenced to serve 108 months in prison and a three year term of supervised release. Herrera filed the instant 28 U.S.C. § 2255 motion to challenge his conviction and sentence, and he moved this court for a certificate of appealability (COA) to appeal the district court’s dismissal of his § 2255 motion as untimely. Herrera was granted a COA on the issue whether the district court erred by determining that Herrera’s § 2255 motion was untimely, and this appeal ensued.

Herrera argues that his § 2255 motion was timely filed and that the district court improperly calculated the time he had to take a direct appeal. The Government agrees that the district court’s timeliness calculations were flawed but contends that this court may affirm the district court’s denial of § 2255 relief on the basis that Herrera’s claims lack merit.

We agree that the district court erred by determining that Herrera’s § 2255 motion was untimely. When conducting its timeliness analysis, the district court determined that Herrera had ten calendar days, rather than ten working days, to file his notice of appeal. *See*Fed. R.App. P. 4(b)(1)(A), 26(a)(1),(2). We conclude that Herrera’s § 2255 motion was timely filed.

We may affirm the denial of Herrera’s § 2255 motion on any basis supported by the record. *See Scott v. Johnson,*227 F.3d 260, 262 (5th Cir.2000); *Aeby v. United States,*409 F.2d 1, 2 (5th Cir.1969). Nevertheless, the record is not sufficiently developed to permit consideration of Herrera’s claims on the merits. Consequently, the judgment of the district court is VACATED, and this case is REMANDED for further proceedings consistent with this opinion.

*

 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.
<PAGE>
                                                                    EXHIBIT 32.2


                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350
                       ADOPTED PURSUANT TO SECTION 906 OF
                         THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly Report of Fortune Industries, Inc., an
Indiana corporation, (the "Company") on Form 10-Q for the period ending February
28, 2006, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Amy Gallo, Chief Financial Officer of the Company,
certify the following pursuant to Section 18, U.S.C. 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; and

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



Date:  July 12, 2006                          By: /s/ Amy Gallo
                                              -------------------------
                                              Amy Gallo,
                                              Chief Financial Officer
----

            COMMISSION REGULATION (EC) No 1793/2004

of 15 October 2004         

fixing the minimum selling price for skimmed-milk powder for the 5th individual invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 214/2001

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 10(c) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For the 5th individual invitation to tender pursuant to Regulation (EC) No 214/2001, in respect of which the time limit for the submission of tenders expired on 12 October 2004, the minimum selling price for skimmed milk is fixed at 192,10 EUR/100 kg.

Article 2

This Regulation shall enter into force on 16 October 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 15 October 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

----

(1)OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2)OJ L 37, 7.2.2001, p. 100. Regulation as last amended by Regulation (EC) No 1675/2004 (OJ L 300, 25.9.2004, p. 12).

----
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1291 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. RES. 1291

 Expressing support for designation of the week beginning May 9, 2010, 
                     as National Nursing Home Week.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2010

 Mr. Arcuri submitted the following resolution; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                               RESOLUTION

 
 Expressing support for designation of the week beginning May 9, 2010, 
                     as National Nursing Home Week.

Whereas more than 1,500,000 elderly and disabled individuals receive care daily 
        in the nearly 16,000 nursing facilities in the United States;
Whereas the annual celebration of National Nursing Home Week invites people in 
        communities nationwide to recognize nursing home residents and staff for 
        their contributions to their communities;
Whereas the theme for National Nursing Home Week in 2010 is ``Enriching Every 
        Day'', honoring those who are ``Enriching Every Day'' for others, thus 
        adding value to life and overcoming many of the infirmities of age and 
        disability;
Whereas nursing homes are intimate communities where acts of caring, kindness, 
        and respect are the norm;
Whereas the positive bond that naturally develops between patients and their 
        caregivers is established, patients experience not only better physical 
        care and healing, but also enrichment of the mind, heart, and spirit, 
        which is an affirmation of their value;
Whereas National Nursing Home Week recognizes the people who provide care to the 
        Nation's most vulnerable population; and
Whereas the week beginning May 9, 2010, would be an appropriate week to 
        designate as National Nursing Home Week: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the designation of a National Nursing Home 
        Week;
            (2) recognizes that a majority of people in the United 
        States, because of social needs, disability, trauma, or 
        illness, will require long-term care services at some point in 
        their lives;
            (3) honors nursing home patients and the people who care 
        for them each day, including family members, volunteers, and 
        dedicated long-term care professionals, for their contributions 
        to their communities and the United States; and
            (4) encourages the people of the United States to observe 
        National Nursing Home Week with appropriate ceremonies and 
        activities.
                                 <all>
```
#### Paul D. WALDE, Plaintiff — Appellant, v. David GUERTLER, Defendant— Appellee.

No. 06-1871.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 14, 2006.

Decided: Dec. 18, 2006.

*316Paul D. Walde, Appellant Pro Se.

Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Paul D. Walde appeals the district court’s order denying relief on his complaint filed pursuant to *Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,*403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Walde v. Guertler,*No. 3:06-cv-00466-JRS (E.D.Va. July 19, 2006). 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.*
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT AUDITORS**

 

We consent to incorporation by reference in the registration statement (Nos. 333-25701, 333-4676, 333-60611 and 333-65978) on Form S-8 andregistration statements (Nos. 333-70045, 333-65980 and 333-112122) on Form S-3 of Digital Generation Systems, Inc. of our report dated February 12, 2004, relating to the consolidated balance sheets of Digital Generation Systems, Inc. andsubsidiaries as of December 31, 2003 and 2002, and the related consolidated statements of operations, stockholders’ equity (deficit), and cash flows for each of the years in the three-year period ended December 31, 2003, and the relatedschedule, which report appears in the December 31, 2003 annual report on Form 10-K of Digital Generation Systems, Inc. Our report on the consolidated financial statements refers to the Company’s change in its method of accounting for goodwilland other intangible assets in accordance with Statement of Financial Accounting Standards No. 142, “Goodwill and Other Intangible Assets” in 2002. 

 

KPMG LLP 

 

Dallas, TX 

March 11, 2004
H. Res. 1537 

In the House of Representatives, U. S., 

July 21, 2010. 

Resolved, That the requirement of clause 6(a) of rule 

XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House 

is waived with respect to any resolution reported through the 

legislative day of July 23, 2010, providing for consideration 

or disposition of a measure addressing unemployment compensation. 

SEC. 2. It shall be in order at any time through the legislative day of July 23, 2010, for the Speaker to entertain 

motions that the House suspend the rules. The Speaker or 

her designee shall consult with the Minority Leader or his 

designee on the designation of any matter for consideration 

pursuant to this section. 

Attest: 

Clerk.
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: ELLIOT ALKOW 

DOCKET NUMBER: 189 

DOCUMENT TYPE: ISSUANCE OF COMPLAINT 

UNITED STATES DEPARTMENT OF AGRICULTURE 

Commodity Exchange Authority 

Washington, D. C. 20250 

ISSUANCE OF COMPLAINT - CEA DOCKET NO. 189 

(Administrative Hearing Under the Commodity Exchange Act) 

A complaint and notice of hearing has been signed by the Assistant Secretary 

of Agriculture charging violation of the Commodity Exchange Act by: 

Elliot Alkow 

(Ft. Lee, New Jersey) 

The complaint charges that the respondent, while employed by a futures 

commission merchant, cheated or defrauded one of his employer's customers. The 

complaint alleges that during the period April 30-May 13, 1970, the respondent 

placed orange juice futures transactions in the account of the customer without 

his knowledge or consent. 

The issuance of a complaint under the Commodity Exchange Act does not 

constitute proof of violation of the law. Such violation is established only 

when the Judicial Officer of the Department has made a determination that the 

evidence substantiates allegations in the complaint. Complaints are filed in 

the Office of the Hearing Clerk of the Department of Agriculture and are a 

matter of public record. Pending disposition by the Judicial Officer, it is the 

policy of the Commodity Exchange Authority not to comment or elaborate on 

charges contained in complaints or to discuss evidence on which they are based. 

A public hearing on the complaint is scheduled to be held before a referee at 

10:00 a.m., local time, June 27, 1972, in New York, New York. 

LOAD-DATE: June 16, 2008 
Page 2
##### 



Exhibit 99.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Yale T. Dolginow, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Annual Report of Paper Warehouse, Inc. on Form 10-K for the annual
period ended January 31, 2003 fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the
information contained in such Form 10-K fairly presents in all material
respects the financial condition and results of operations of Paper
Warehouse, Inc.

| |                                                                                       |                 
| | ------------------------------------------------------------------------------------- | ----------------
| | By:  /s/                                                                              | Yale T. Dolginow
| |                                                                                       |                 
| | Name: Yale T. Dolginow
Title: President and Chief Executive Officer
Date: May 1, 2003
Donell Alfred HOPKINS, petitioner, v. UNITED STATES.

No. 16-6428.

Supreme Court of the United States

Nov. 28, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

OMAR ANGELERO COLON, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 298 MAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 20th day of August, 2018, the Petition for Allowance of Appeal is 

DENIED.