alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED: January 8, 2019

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

___________________

No. 17-2449

(7:17-cv-00169-FL)

(16-01964-5-SWH)

(16-00031-5-SWH)

___________________

LARRY ALBERT HURLBURT

 Plaintiff - Appellant

v.

JULIET J. BLACK

 Defendant - Appellee

and

JOSEPH A. BLEDSOE, III

 Trustee

___________________

O R D E R

___________________

A majority of judges in regular active service and not disqualified having 

voted in a requested poll of the court to grant appellant’s petition for rehearing en 

banc, 
IT IS ORDERED that rehearing en banc is granted. 

The parties shall file 16 additional paper copies of their briefs and 

appendices previously filed in this case within 10 days. 

This case is tentatively calendared for oral argument at the March 19-21, 

2019, oral argument session.

For the Court

/s/ Patricia S. Connor, Clerk
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Office of the Secretary

          - [Transmittal No. 05-39]

# AGENCY:

Department of Defense, Defense Security Cooperation Agency.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. J. Hurd, DSCA/DBO/ADM, (703) 604-6575.

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 05-39 with attached transmittal, policy justification, and Sensitivity of Technology.

Dated: August 23, 2005.

Jeannette Owings-Ballard,

OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 51016)          ( print page 51017)          ( print page 51018)          ( print page 51019)          ( print page 51020)          ( print page 51021)          ( print page 51022)          ( print page 51023)    

BILLING CODE 5001-06-M

[FR Doc. 05-17089 Filed 8-26-05; 8:45 am]

BILLING CODE 5001-06-C
[Federal Register Volume 70, Number 167 (Tuesday, August 30, 2005)]
[Notices]
[Pages 51400-51402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17213]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Reports, Forms and Recordkeeping Requirements; Agency Information 
Collection Activities Under OMB Review

AGENCY: Office of the Secretary, DOT.

ACTION: Notice and request for comments.

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

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Department of Transportation's (DOT) intention to 
request the approval of a new information collection.

DATES: Comments on this notice must be received by September 29, 2005: 
attention DOT/OST Desk Officer, Office of Information and Regulatory 
Affairs, Office of Management and Budget, Docket Library, Room 10102, 
725 17th Street NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Deborah Perkins, Departmental Office 
of Human Resources, Office of the Secretary, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington DC 20590, (202) 
366-9447

SUPPLEMENTARY INFORMATION:
    Title: Applicant Background Questionnaire.
    OMB Control Number: Pending.
    Affected Public: Employees upon initial hire and applicants for 
positions.
    Annual Estimated Burden: 100 hours.
    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the Department, including whether the information will have practical 
utility as described; (b) the accuracy of the Department's estimate of 
burden of the proposed collection of information, including the 
validity of methodology and assumptions used; (c) ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
(d) ways to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate, automated, 
electronic, mechanical or other technology. Comments should be 
addressed to the address in the preamble. All responses to this notice 
will be summarized and

[[Page 51401]]

included in the request for Office of Management and Budget (OMB) 
approval. All comments will also become a matter of public record.

    Issued in Washington, DC, on August 22, 2005.
Steven Lott,
Manager, Strategic Integration, IT Investment Management Office.
BILLING CODE 4910-62-P

[[Page 51402]]

[GRAPHIC] [TIFF OMITTED] TN30AU05.023

[FR Doc. 05-17213 Filed 8-29-05; 8:45 am]
BILLING CODE 4910-62-C
# Commission Implementing Regulation (EU) No 701/2013Show full title

Commission Implementing Regulation (EU) No 701/2013 of 11 July 2013 entering a name in the register of protected designations            of origin and protected geographical indications (East Kent Goldings (PDO))         

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U.K.

# Commission Implementing Regulation (EU) No 701/2013                     

# of 11 July 2013

# entering a name in the register of protected designations of origin and protected geographical indications (East Kent Goldings                        (PDO))                     

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality                           schemes for agricultural products and foodstuffs(1), and in particular Article 52(2) thereof,                        

Whereas:

(1)Regulation (EU) No 1151/2012 repealed and replaced Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection                              of geographical indications and designations of origin for agricultural products and foodstuffs(2).

(2)Pursuant to Article 6(2) of Regulation (EC) No 510/2006, the United Kingdom’s application to register the name ‘East Kent                              Goldings’ was published in the *Official Journal of the European Union* (3).

(3)As no statement of objection under Article 7 of Regulation (EC) No 510/2006 has been received by the Commission, the name                              ‘East Kent Goldings’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The name contained in the Annex to this Regulation is hereby entered in the register.

# Article 2U.K.

This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.                  

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

Done at Brussels, 11 July 2013.

*For the Commission, On behalf of the President*,                           

Dacian Cioloș                            

*Member of the Commission*                            

## ANNEXU.K.

Agricultural products intended for human consumption listed in Annex I to the Treaty:

### **Class 1.8.****Other products of Annex I to the Treaty (spices, etc.)**U.K.

#### UNITED KINGDOMU.K.

East Kent Goldings (PDO)

1

OJ L 343, 14.12.2012, p. 1.                           

2

OJ L 93, 31.3.2006, p. 12.                           

3

OJ C 285, 21.9.2012, p. 14.
CARTER-HUBBARD v. WRMC HOSPITAL.

No. 411A06.

Supreme Court of North Carolina.

December 5, 2006.

John M. Logsdon, North Wilkesboro, for WRMC Hospital.

John S. Willardson, Wilkesboro, for Carter-Hubbard Publishing.

Mark W. Merritt, Blake W. Thomas, Charlotte, for CMHA.

Linwood Jones, Raleigh, for NC Hospital Asso.

The following order has been entered on the motion filed on the 4th day of December 2006 by NC Press Association for leave to file Amicus Curiae Brief:

"Motion Allowed. Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i). By order of the Court in conference this the 5th day of December 2006."
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                              79
<SECURITIES>                                         0
<RECEIVABLES>                                   24,701
<ALLOWANCES>                                       155
<INVENTORY>                                      2,273
<CURRENT-ASSETS>                                31,111
<PP&E>                                           9,805
<DEPRECIATION>                                   2,184
<TOTAL-ASSETS>                                  78,546
<CURRENT-LIABILITIES>                           14,185
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            86
<OTHER-SE>                                      56,920
<TOTAL-LIABILITY-AND-EQUITY>                    78,546
<SALES>                                         69,937
<TOTAL-REVENUES>                                69,937
<CGS>                                           47,587
<TOTAL-COSTS>                                   47,587
<OTHER-EXPENSES>                                14,685
<LOSS-PROVISION>                                    52
<INTEREST-EXPENSE>                               1,831
<INCOME-PRETAX>                                  5,905
<INCOME-TAX>                                     2,103
<INCOME-CONTINUING>                              3,802
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,731
<EPS-PRIMARY>                                      .55
<EPS-DILUTED>                                      .55


</TABLE>
Exhibit 32.2 - 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 filing of the Quarterly Report on Form 10-Q
for the Quarter Ended June 14, 2005 (the Report) by ClubCorp, Inc. (Registrant), the undersigned hereby certifies that; to the best of his knowledge:



| | 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 Registrant.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                    |  |                        
|------------------- |  | -----------------------
|Date: July 28, 2005 |  | /s/ Jeffrey P. Mayer   
|                    |  | Jeffrey P. Mayer       
|                    |  | Chief Financial Officer



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



4
Exhibit 32.2

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 Eden  Bioscience Corporation (the Company)
on Form 10-Q for the  period ended September 30, 2005 as filed with the Securities  and
Exchange Commission on the date hereof (the Report),  I, Bradley S. Powell,
Chief Financial Officer of the  Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted  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  (15 U.S.C. 78m or 78o(d)); 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:  October
28, 2005

| | /s/
      Bradley S. Powell                                           
| | ----------------------------------------------------------------------
| |                                                                       
| | Bradley
      S. Powell                                               
| | Vice
      President of Finance, Chief Financial Officer and Secretary

-31-

---
# Council Implementing Decision 2014/238/CFSPShow full title

Council Implementing Decision 2014/238/CFSP of 28 April 2014 implementing Decision 2014/145/CFSP concerning restrictive measures            in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine         

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U.K.

# Council Implementing Decision 2014/238/CFSP                     

# of 28 April 2014

# implementing Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial                        integrity, sovereignty and independence of Ukraine                     

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining                           or threatening the territorial integrity, sovereignty and independence of Ukraine(1), and in particular Article 3(1) thereof,                        

Whereas:

(1)On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

(2)In view of the gravity of the situation, the Council considers that additional persons should be added to the list of persons,                              entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

(3)The Annex to Decision 2014/145/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.

# Article 2U.K.

This Decision shall enter into force on the date of its publication in the *Official Journal of the European Union*.                  

Done at Brussels, 28 April 2014.

*For the Council*                            

*The President*                            

D. Kourkoulas                            

## ANNEXU.K.**List of persons, entities and bodies referred to in Article 1**

1

OJ L 78, 17.3.2014, p. 16.
Exhibit 4.1



ZQ 000000   ***000000*** KANDMON HOLDINGS, INC. COMMON STOCK $0.001 PAR VALUE PER SHARE   This Certifies that MR. SAMPLE & MRS. SAMPLE & MR. SAMPLE & MRS.   SAMPLE is the record holder of ***ZERO HUNDRED THOUSAND AND ZERO HUNDRED   THOUSAND*** Shares of the Capital Stock of transferrable only on the books of   the Corporation by the holder hereof in person or by Attorney upon surrender   of this Certificate properly endorsed, or assigned. IN WITNESS WHEREOF, the   said Corporation has caused this Certificate to be signed by its duly   authorized officers and its Corporate Seal to be hereinto affixed this  <<Day>> day of   <<Month>> A.D. <<YY>>

 


    




 






 



KADMON HOLDING   INC. CERTIFICATE FOR ***000000*** SHARES OF CAPITAL STOCK ( ISSED TO ) MRS.   SAMPLE & MRS. SAMPLE MR. SAMPLE & MR. SAMPLE  DATED <<Month Day,   Year>>NOTICE. THE SIGNATURE OF THIS ASSIGNMENT MUST CORRESPOND WITH   THE: NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE, IN EVERY PARTICULAR,   WITHOUT ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER. For Value   Received, hereby sell, assign and transfer unto Shares of the Capital Stock   represented by the within Certificate, and do hereby irrevocably constitute   and appoint Attorney to transfer the said Stock on the books of the within   named Corporation with full power of substitution in the premises. Dated In   presence of
#### In the Matter of the Claim of Darryl K. Sweeny, Appellant. New York City Department of Sanitation, Respondent; Commissioner of Labor, Respondent.

[801 NYS2d 164]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed May 7, 2004, which ruled that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.

In May 2003, pursuant to a “last chance” employment agreement, claimant was discharged from his employment as a sanitation worker after testing positive for alcohol in his system at work. Following a hearing at which claimant alleged that he was an alcoholic, an Administrative Law Judge ruled that claimant was disqualified from receiving unemployment insurance benefits due to misconduct. That determination was upheld by the Unemployment Insurance Appeal Board and claimant now appeals.

“Alcoholism can excuse disqualifying misconduct if there is substantial evidence to show that an employee is an alcoholic, that the alcoholism caused the behavior leading to the employee’s discharge and that the employee was available for and capable of work” *(Matter of Snell [General Motors*Corp.— *Hudacs],*195 AD2d 746, 747 [1993] [citations omitted]; *see Matter of Moore [County of Monroe—Hartnett],*144 AD2d 123, 124 [1988]). While medical evidence is not necessary to prove that claimant suffered from alcoholism, there is nevertheless insufficient evidence in the record here of the “outward behavioral and physiological indicia of alcoholism” that is required to *1246excuse claimant’s misconduct *(Matter of Moore [County of Monroe—Hartnett], supra*at 124; *see Matter of Francis [New York City Human Resources Admin.—Ross],*56 NY2d 600, 602 [1982]). Accordingly, we find no basis upon which to disturb the Board’s decision.

Cardona, P.J., Mercure, Spain, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, without costs.
STATE v. STAGNER.

No. COA06-1521.

Court of Appeals of North Carolina.

Filed July 3, 2007.

Certification Date July 23, 2007.

Appeal from the Davidson (04CRS59353, 04CRS59355).

Case reported without published opinion. No error.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JANUARY 12, 2021

NO. 03-20-00442-CR

David Hernandez Guerrero, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 207TH DISTRICT COURT OF COMAL COUNTY

BEFORE CHIEF JUSTICE BYRNE, JUSTICES BAKER AND SMITH

DISMISSED FOR WANT OF JURISDICTION-- OPINION BY CHIEF JUSTICE BYRNE

This is an appeal from the judgment of conviction rendered by the trial court. Having reviewed 

the record, it appears that the Court lacks jurisdiction over this appeal. Therefore, the Court 

dismisses the appeal for want of jurisdiction. Because appellant is indigent and unable to pay 

costs, no adjudication of costs is made.
**EXHIBIT 23.1**

** **

**Consentof Independent Registered Public Accounting Firm**

 

As independent registered public accountants, we hereby consent to theincorporation by reference in Registration Statement Nos. 333-46939 and333-50767 on Form S-8 of our report dated April 24, 2008, relating tothe consolidated financial statements of Star Buffet, Inc. andSubsidiaries as of January 28, 2008 and January 29, 2007 and for eachof the three fiscal years in the period ended January 28, 2008, includedin the Annual Report on Form 10-K for the year ended January 28,2008.

 
| /s/ MAYER HOFFMAN  MCCANN P.C. |   |
|--------------------------------|--------|
|                           |
|                           |
| Mayer Hoffman McCann  P.C.     |
|                           |
| Phoenix, Arizona               |
| April 24, 2008            |

 

----
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3367 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3367

To amend title XVIII of the Social Security Act to revise the timeframe 
  for recognition of certain designations in certifying rural health 
                  clinics under the Medicare program.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2008

Mr. Smith (for himself, Mr. Wyden, Mr. Inouye, Mr. Tester, Mr. Sanders, 
Mr. Barrasso, and Mr. Cochran) introduced the following bill; which was 
          read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend title XVIII of the Social Security Act to revise the timeframe 
  for recognition of certain designations in certifying rural health 
                  clinics under the Medicare program.

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

SECTION 1. REVISION OF THE TIMEFRAME FOR THE RECOGNITION OF CERTAIN 
              DESIGNATIONS IN CERTIFYING RURAL HEALTH CLINICS UNDER THE 
              MEDICARE PROGRAM.

    (a) In General.--The second sentence of section 1861(aa)(2) of the 
Social Security Act (42 U.S.C. 1395x(aa)(2)) is amended by striking 
``3-year period'' and inserting ``4-year period'' in the matter in 
clause (i) preceding subclause (I).
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.
                                 <all>
```