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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1953

SHEREE MILLS,

Plaintiff - Appellant,

v.

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of North Carolina, at Wilmington. James C. Fox, Senior

District Judge. (5:06-cv-00097-F)

Submitted: June 19, 2008 Decided: July 3, 2008

Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit

Judge.

Affirmed by unpublished per curiam opinion.

B. Ervin Brown, II, Winston-Salem, North Carolina, for Appellant.

Roy Cooper, North Carolina Attorney General, Alexandra M.

Hightower, Assistant Attorney General, Ebony J. Pittman, Assistant

Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Sheree Mills appeals the district court’s orders granting

summary judgment to Defendant on her Title VII complaint and

denying her subsequent post-judgment motion for reconsideration.

On appeal, Mills argues that the court erred in denying relief on

her disparate treatment claim and in finding that she failed to

adequately allege a disparate impact claim.

This court reviews de novo a district court’s order

granting summary judgment. Moore Bros. v. Brown & Root, Inc., 207

F.3d 717, 722 (4th Cir. 2000). Summary judgment is appropriate

only if, viewing the evidence in the light most favorable to the

non-moving party, there are no genuine issues of material fact in

dispute and the moving party is entitled to judgment as a matter of

law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986);

Evans v. Technologies Applications & Serv. Co., 80 F.3d 954, 958

(4th Cir. 1996). In order to withstand a motion for summary

judgment, the non-moving party must produce competent evidence

sufficient to reveal the existence of a genuine issue of material

fact. Greensboro Prof’l Fire Fighters Ass’n v. City of Greensboro,

64 F.3d 962, 967 (4th Cir. 1995).

We have reviewed the record, the parties’ briefs, and the

materials submitted in the joint appendix, and find no reversible

error. Accordingly, we affirm the district court’s orders. We

dispense with oral argument because the facts and legal contentions
- 3 -

are adequately presented in the materials before the court and

argument would not aid the decisional process.

AFFIRMED
* This order and judgment is not binding precedent, e xcept under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10th Cir. R. 36.3. 

## F I L E D United States Court of Appeals Tenth Circuit 

### MAY 21 1997 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

NBA PROPERTIES,

Plaintiff-Appellant,

v. VARIOUS JOHN DOES and JANE DOES, and ABC CORPORATION,

Defendants-Appellees. No. 97-4069 (D.C. No. 97-CV-380-C) (D. Utah)

ORDER AND JUDGMENT *
Before PORFILIO, EBEL, and LUCERO, Circuit Judges.

Before us is Plaintiff-Appellant N.B.A. Properties’ appeal from the district court’s denial of its ex parte motion for a temporary restraining order and seizure and impoundment order, alleging defendants have andwill continue to violate plaintiff’s rights under the Lanham Act, 15 U.S.C. § 1051, et. seq., in connection2 -2- with the sale of merchandise bearing the trademarks , service marks, trade names and/or logos of the National Basketball Association . Also before us is plaintiff’s emergency application to this court for an ex parte temporary restraining order, seizure and impoundment order and order to show cau se for a preliminary injunction pursuant to the Lanham Act. We have jur isdiction pursuant to 28 U.S.C. § 1292(a)(1), and we reverse. Having considered the materials submitted by plaint iff, we conclude that the district court’s finding that plaintiff is unab le to identify any specific location or property at which the temporary restraining orde r and seizure and impoundment order may be directed is not supported by the record. We also conclude that plaintiff’s motion for an ex parte te mporary restraining order and seizure and impoundment order satisfied the statuto ry requirements for an ex parte temporary restraining order and seizure and i mpoundment order and satisfied the Fourth Amendment requirements. See 15 U.S.C. § 1116(d)(4)(B); Gucci America, Inc. v. Accents , 955 F. Supp. 279, 282 (S.D.N.Y. 1997) (holding that the statutory requirements under 15 U.S.C. § 1 116(d)(4)(B) satisfy Fourth Amendment requirements; citing Reebok Intern. Ltd. v. Su Youn Pak , 683 F. Supp. 929 (S.D.N.Y., 1987)).3 -3- Accordingly, the order of the United States Distric t Court for the District of Utah is REVERSED, and the case is REMANDED to the d istrict court for expedited proceedings consistent with this order an d judgment and to fashion appropriate relief sufficient to protect the plaint iff’s interest under the Lanham Act. Plaintiff’s Emergency Application is DENIED. Entered for the Court

John C. Porfilio Circuit Judge
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from Swift Energy
Managed Pension Assets Partnership 1989-B, Ltd.'s balance sheet and statement of
operations  contained in its Form 10-Q for the quarter  ended March 31, 1998 and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-END>                                   MAR-31-1998
<CASH>                                         1,260
<SECURITIES>                                   0
<RECEIVABLES>                                  89,441
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               90,701
<PP&E>                                         3,850,761
<DEPRECIATION>                                 (2,479,829)
<TOTAL-ASSETS>                                 1,461,633
<CURRENT-LIABILITIES>                          5,404
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     1,456,229
<TOTAL-LIABILITY-AND-EQUITY>                   1,461,633
<SALES>                                        79,974
<TOTAL-REVENUES>                               80,232
<CGS>                                          0
<TOTAL-COSTS>                                  49,410<F1>
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                14,610
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            14,610
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   14,610
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
<FN>
<F1>Includes  lease  operating  expenses,  production  taxes  and  depreciation,
depletion and  amortization  expense.  Excludes gene al and  administrative  and
interest expense.
</FN>
        


</TABLE>
Rogers LACAZE, petitioner, v. LOUISIANA.

No. 16-1125.

Supreme Court of the United States

Oct. 2, 2017.

On petition for writ of certiorari to the Supreme Court of Louisiana. Motion of Louisiana Association of Criminal Defense Lawyers, et al. for leave to file a brief as *amici curiae* granted. Motion of National Jury Project for leave to file a brief as *amicus curiae* granted. Motion of The Ethics Bureau at Yale for leave to file a brief as *amicus curiae* granted. Petition *61for writ of certiorari granted. Judgment vacated, and case remanded to the Supreme Court of Louisiana for further consideration in light of *Rippo v. Baker,* 580 U.S. ----, 137 S.Ct. 905, 197 L.Ed.2d 167 (2017).
Jerry WANZER, petitioner, v. Jesus M. PERALTA, et al.

No. 17-6581.

Supreme Court of the United States

Jan. 8, 2018.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and the petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit dismissed. See Rule 39.8.
# Official Journal L 155/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.155.eng |
| --- | --- |
| Official Journal
  of the European Union | L 155 |
| | |
| English edition | Legislation | Volume 5515 June 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.155.eng

Official Journal

of the European Union

L 155

English edition

Legislation

Volume 5515 June 2012

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | | 2012/295/EU |
| | * | Decision No 1/2012 of the Joint Committee on Agriculture, created by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 3 May 2012 on the amendment of Annex 7 to the Agreement between the European Community, of the one part, and the Swiss Confederation, of the other, on trade in agricultural products | 1 |
| | | 2012/296/EU |
| | * | Decision No 2/2012 of the Joint Committee on Agriculture, created by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 3 May 2012 on the amendment of Annex 8 to the Agreement between the European Community, of the one part, and the Swiss Confederation, of the other, on trade in agricultural products | 99 |

Contents

II   Non-legislative acts

page

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

2012/295/EU

*

Decision No 1/2012 of the Joint Committee on Agriculture, created by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 3 May 2012 on the amendment of Annex 7 to the Agreement between the European Community, of the one part, and the Swiss Confederation, of the other, on trade in agricultural products

1

2012/296/EU

*

Decision No 2/2012 of the Joint Committee on Agriculture, created by the Agreement between the European Community and the Swiss Confederation on trade in agricultural products of 3 May 2012 on the amendment of Annex 8 to the Agreement between the European Community, of the one part, and the Swiss Confederation, of the other, on trade in agricultural products

99

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# Official Journal C 226I/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 226I |
| | |
| English edition | Information and Notices | Volume 6414 June 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 226I

English edition

Information and Notices

Volume 6414 June 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2021/C 226 I/01 | Statement by the European Parliament on the suspension of assistance granted under the external financing instruments | 1 |
| 2021/C 226 I/02 | Statement by the European Parliament on Council Decision 2010/427/EU and strategic coordination | 2 |
| 2021/C 226 I/03 | Statement by the Council on governance with respect to the Neighbourhood, Development and International Cooperation Instrument – Global Europe | 3 |
| 2021/C 226 I/04 | Declaration by the European Commission on a geopolitical dialogue with the European Parliament on the Neighbourhood, Development and International Cooperation Instrument – Global Europe | 4 |
| 2021/C 226 I/05 | Declaration by the European Commission on Recitals 50 and 51 and Article 8.10 | 5 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2021/C 226 I/01

Statement by the European Parliament on the suspension of assistance granted under the external financing instruments

1

2021/C 226 I/02

Statement by the European Parliament on Council Decision 2010/427/EU and strategic coordination

2

2021/C 226 I/03

Statement by the Council on governance with respect to the Neighbourhood, Development and International Cooperation Instrument – Global Europe

3

2021/C 226 I/04

Declaration by the European Commission on a geopolitical dialogue with the European Parliament on the Neighbourhood, Development and International Cooperation Instrument – Global Europe

4

2021/C 226 I/05

Declaration by the European Commission on Recitals 50 and 51 and Article 8.10

5

---

| EN | |
| --- | --- |

EN
Roosevelt BIGBEE, petitioner, v. Jonathan LEBO, Warden.

No. 17-6475.

Supreme Court of the United States

Jan. 8, 2018.

*665Petition for writ of certiorari to the Court of Criminal Appeals of Tennessee, Western Division denied.
<PAGE>


   Exhibit No. 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.

     The following certification is provided by the undersigned Chief Executive
Officer of MAF Bancorp, Inc. on the basis of such officer's knowledge and belief
for the sole purpose of complying with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

                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 of MAF Bancorp, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2002 as filed with the
Securities and Exchange Commission on August 14, 2002, (the "Report"), I, Allen
H. Koranda, Chairman of the Board and Chief Executive Officer of the Company,
hereby certify, 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.

                                                /s/  Allen H. Koranda
                                                ---------------------
                                                Name: Allen H. Koranda
                                                Title: Chairman of the Board
                                                 and Chief Executive Officer
                                                Date: August 13, 2002
# EUR-Lex - 22004D0041 - EN

Avis juridique important

*|*

# 22004D0041

**2004/41/EC: Decision No 1/2003 of the EU-Slovenia Association Council of 17 February 2003 amending Protocol 4 to the Europe Agreement, concerning the definition of the concept of "originating products" and methods of administrative cooperation **

*
Official Journal L 020 , 27/01/2004 P. 0001 - 0002 *

Decision No 1/2003 of the EU-Slovenia Association Council

of 17 February 2003

amending Protocol 4 to the Europe Agreement, concerning the definition of the concept of "originating products" and methods of administrative cooperation

(2004/41/EC)

THE ASSOCIATION COUNCIL,

Having regard to the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part(1), hereinafter referred to as "the Agreement", signed in Luxembourg on 10 June 1996, and in particular Article 38 of Protocol 4 thereof;

Whereas:

(1) Protocol 4 of the Agreement, concerning the definition of the concept of "originating products" and methods of administrative cooperation, hereinafter referred to as "the Protocol" has been amended several times. A consolidation of those amendments to the text of the Protocol therefore appears necessary for the sake of clarity and legal certainty of the rules of origin to be applied.

(2) Technical modifications of the processing rules are also required to take account of modifications to the Harmonised Commodity Description and Coding System ("Harmonised System") which take effect from 1 January 2002.

(3) Certain processing requirements for non-originating materials to obtain originating status need to be amended to take account of the lack of production of a certain material within the contracting parties and of the specific conditions in which some products ("monolithic integrated circuits") are to be obtained, implying limited processing operations outside the contracting parties.

(4) Some technical amendments are required in order to correct anomalies in and between the different language versions of the text.

(5) It is therefore appropriate, for the proper functioning of the Agreement and with a view to facilitate the work of users and customs administrations, to incorporate in a new text of the Protocol all the provisions in question.

(6) Joint Declarations concerning the Principality of Andorra, the Republic of San Marino and the review of the changes to the origin rules as a result of the amendments to the Harmonised System have to be maintained, together with the Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

Protocol 4 of the Agreement, concerning the definition of the concept of "originating products" and methods of administrative cooperation, shall be replaced by the text attached hereto, together with the relevant Joint Declarations.

Article 2

This Decision shall enter into force on the day of its adoption.

It shall apply from 1 March 2003.

Done at Brussels, 17 February 2003.

For the Association Council

The President

G. Papandreou

(1) OJ L 51, 26.2.1999, p. 3.
<TABLE> <S> <C>

<ARTICLE> UT

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                   88,275,579
<OTHER-PROPERTY-AND-INVEST>                 40,780,064
<TOTAL-CURRENT-ASSETS>                      14,034,095
<TOTAL-DEFERRED-CHARGES>                             0
<OTHER-ASSETS>                               4,660,966
<TOTAL-ASSETS>                             147,750,704
<COMMON>                                     7,054,212
<CAPITAL-SURPLUS-PAID-IN>                   40,084,491
<RETAINED-EARNINGS>                         29,297,437
<TOTAL-COMMON-STOCKHOLDERS-EQ>              76,436,140
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                 10,276,760
<LONG-TERM-DEBT-NET>                        38,750,000
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                3,000,000
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>              19,287,804
<TOT-CAPITALIZATION-AND-LIAB>              147,750,704
<GROSS-OPERATING-REVENUE>                   34,450,915
<INCOME-TAX-EXPENSE>                         2,728,949
<OTHER-OPERATING-EXPENSES>                           0
<TOTAL-OPERATING-EXPENSES>                  27,655,283
<OPERATING-INCOME-LOSS>                      6,795,632
<OTHER-INCOME-NET>                             162,529
<INCOME-BEFORE-INTEREST-EXPEN>               6,958,161
<TOTAL-INTEREST-EXPENSE>                     1,493,218
<NET-INCOME>                                 2,735,994
<PREFERRED-STOCK-DIVIDENDS>                    275,134
<EARNINGS-AVAILABLE-FOR-COMM>                2,460,860
<COMMON-STOCK-DIVIDENDS>                     2,909,110
<TOTAL-INTEREST-ON-BONDS>                            0
<CASH-FLOW-OPERATIONS>                       7,349,684
<EPS-BASIC>                                        .35
<EPS-DILUTED>                                      .35


</TABLE>
MERCURY CASUALTY COMPANY, et al., petitioners, v. Dave JONES, California Insurance Commissioner, et al.

No. 17-537.

Supreme Court of the United States

Feb. 20, 2018.

Petition for writ of certiorari to the Court of Appeal of California, Third Appellate District denied.
NEW JERSEY THOROUGHBRED HORSEMEN'S ASSOCIATION, INC., petitioner, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, et al.

No. 16-477.

Supreme Court of the United States

Nov. 13, 2017.

Motion of Professor Ryan M. Rodenberg for leave to participate in oral argument as *amicus curiae* and for divided argument denied. Motion of the Solicitor General for leave to participate in oral argument as *amicus curiae* and for divided argument granted.
Exhibit 32.1

 Certification of Chief Executive Officer Regarding Periodic Report Containing
 Financial Statements Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

      I,  Frank J.  Fradella,  Chief  Executive  Officer  of Home  Solutions  of
America,  Inc. (the  "Company"),  in  compliance  with 18 U.S.C Section 1350, as
adopted  pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  hereby
certify that (i) the Form 10-QSB for the quarter ended September 30, 2003, fully
complies  with the  requirements  of  Section  13(a) or 15(d) of the  Securities
Exchange Act of 1934,  as amended,  and (ii) the  information  contained in that
report fairly presents,  in all material respects,  the financial  condition and
results of operations of the Company on the dates and for the periods  presented
therein.



Date: November 14, 2003                 /s/ FRANK J. FRADELLA
                                        -----------------------
                                        Frank  J.   Fradella
                                        Chief Executive Officer
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4702 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4702

To amend the Small Business Act to modify the timeframe for determining 
      the size standard for manufacturing small business concerns.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2019

   Mr. Kelly of Mississippi introduced the following bill; which was 
              referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
To amend the Small Business Act to modify the timeframe for determining 
      the size standard for manufacturing small business concerns.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Size Standard 
Manufacturing Clarification Act of 2019''.

SEC. 2. AMENDMENT TO SIZE STANDARD FOR MANUFACTURING SMALL BUSINESS 
              CONCERNS.

    Section 3(a)(2)(C)(ii)(I) of the Small Business Act (15 U.S.C. 
632(a)(2)(C)(ii)(I)) is amended by striking ``12 months'' and inserting 
``5 years''.
                                 <all>
```