alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EASTERN CAROLINA REGIONAL HOUSING AUTHORITY v. LOFTON.

No. 32PA15-1.

Supreme Court of North Carolina.

Aug. 11, 2015.

Thomas E. Stroud, for Eastern Carolina Regional Housing Authority.

*828E. Bradley Evans, Winterville, for Eastern Carolina Regional Housing Authority.

John R. Keller, for Lofton, Sherbreda.

Andrew Cogdell, for Lofton, Sherbreda.

Theodore O. Fillette, III, Charlotte, for Lofton, Sherbreda.

Cheryl A. Marteney, for Eastern Carolina Regional Housing Authority.

Michael J. Parrish, New Bern, for Eastern Carolina Regional Housing Authority.

Peter Gilbert, for Lofton, Sherbreda.

Charles Francis, Raleigh, for Raleigh Housing Authority.

Celia Pistolis, Raleigh, for Lofton, Sherbreda.

William K. Brownlee, Raleigh, for Apartment Association of North Carolina.

Ruth Sheehan, For Raleigh Housing Authority.

Alan D. Woodlief, Jr., Raleigh, for Raleigh Housing Authority.

John R. Wester, Charlotte, for Lofton, Sherbreda.

Thomas Holderness, Charlotte, for Lofton, Sherbreda.

John R. Rittelmeyer, Raleigh, for Disability Rights North Carolina.

Yasmin Farahi, for Disability Rights North Carolina.

**Opinion**

The following order has been entered on the motion filed on the 10th of August 2015 to Appear as Counsel of Record for Defendant:

> "Motion Allowed by order of the Court in conference, this the 11th of August 2015."

ERVIN, J. recused
Notation of Guarantee from Forbes Energy International LLC




 Exhibit 4.7 
 NOTATION OF GUARANTEE 
 For value received, Forbes Energy International, LLC, a
Delaware limited liability company (the “New Sub”) has unconditionally guaranteed, to the extent set forth in and subject to the provisions of that certain Indenture dated as of February 12, 2008 and as supplemented from time
to time (the “Indenture”), among Forbes Energy Services LLC, a Delaware limited liability company, Forbes Energy Capital Inc., a Delaware corporation (collectively, the “Issuers”), the Guarantors named therein or
added thereto by supplement (the “Guarantors”) and Wells Fargo Bank, National Association, as trustee and collateral agent (the “Trustee”), and that certain Supplemental Indenture dated as of October 6, 2008, among
the New Sub, the Issuers, the Guarantors and the Trustee, (a) the due and punctual payment of the principal of, premium, if any, and interest on, the Notes, whether at maturity, by acceleration, redemption or otherwise, the due and punctual
payment of interest on overdue principal of and interest on the Notes, if any, if lawful, and the due and punctual performance of all other obligations of the Company to the Holders or the Trustee all in accordance with the terms of the Indenture
and (b) in case of any extension of time of payment or renewal of any Notes or any of such other obligations, that the same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at
stated maturity, by acceleration or otherwise. The obligations of the Guarantors to the Holders of Notes and to the Trustee pursuant to the Guarantee and the Indenture, and the limitations thereon, are expressly set forth in Article 11 of the
Indenture and reference is hereby made to the Indenture for the precise terms of the Guarantee. 
 Capitalized terms used but
not defined herein have the meanings given to them in the Indenture. 
  

			
	FORBES ENERGY INTERNATIONAL, LLC, as a Guarantor
		
	By:	 	 /s/ L. Melvin Cooper

	Name:	 	L. Melvin Cooper
	Title:	 	Senior Vice President, Chief Financial Officer and Assistant Secretary
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-60639

Summary Calendar

JOSE MANUEL CHAVARRIA

Petitioner

v.

MICHAEL B MUKASEY, U S ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A29 693 130

Before KING, DENNIS, and OWEN, Circuit Judges.

PER CURIAM:*

Jose Manuel Chavarria, a native and citizen of El Salvador, has filed a

petition for review of the Board of Immigration Appeals’ (BIA) order denying his

application for asylum and withholding of removal. Chavarria argues that he

suffered past persecution and has a well-founded fear of future persecution on

account of his membership in a particular social group: family members of

military officers in El Salvador. Chavarria contends that the BIA’s decision is

not supported by substantial evidence.

United States Court of Appeals

Fifth Circuit

F I L E D

August 20, 2008

Charles R. Fulbruge III

Clerk
No. 07-60639

2

This court reviews the order of the BIA and will consider the underlying

decision of the IJ only if it had some impact upon the BIA’s decision.

Ontunez-Tursios v. Ashcroft, 303 F.3d 341, 348 (5th Cir. 2002). The BIA’s factual

findings are reviewed for substantial evidence. Ozdemir v. INS, 46 F.3d 6, 7 (5th

Cir. 1994). Under the substantial evidence standard, this court will affirm the

BIA’s decision unless the evidence compels a contrary conclusion. Id. at 8.

The record does not compel a conclusion contrary to the determination that

Chavarria was harassed and attacked by former guerillas whose motivation was

extorting money and other support from Chavarria, as opposed to Chavarria’s

membership in a particular social group. Furthermore, the BIA’s finding that

the Salvadoran government is able and willing to control Chavarria’s attackers

is supported by substantial evidence. See Adebisi v. INS, 952 F.2d 910, 913-14

(5th Cir. 1992). Chavarria cannot meet the more demanding standard for

withholding of removal given that he cannot satisfy the standard for asylum.

See Ozdemir, 46 F.3d at 8. 

The petition for review is DENIED.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 17-20777

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MARCUS MALBRO,

Defendant-Appellant

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 4:16-CR-253-4

Before DENNIS, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Marcus Malbro has moved for leave 

to withdraw and has filed a brief in accordance with Anders v. California, 386 

U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir. 2011).

Malbro has filed a response. We have reviewed counsel’s brief and the relevant 

portions of the record reflected therein, as well as Malbro’s response. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 1, 2018

Lyle W. Cayce

Clerk

 Case: 17-20777 Document: 00514581933 Page: 1 Date Filed: 08/01/2018
No. 17-20777

2

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw 

is GRANTED, counsel is excused from further responsibilities herein, and the 

APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 17-20777 Document: 00514581933 Page: 2 Date Filed: 08/01/2018
# Commission Implementing Regulation (EU) No 1211/2014Show full title

Commission Implementing Regulation (EU) No 1211/2014 of 12 November 2014 establishing the standard import values for determining            the entry price of certain fruit and vegetables         

        - Previous
        - Next

U.K.

# Commission Implementing Regulation (EU) No 1211/2014                     

# of 12 November 2014

# establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing                           a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79,                           (EC) No 1037/2001 and (EC) No 1234/2007(1),                        

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application                           of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(2), and in particular Article 136(1) thereof,                        

Whereas:

(1)Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations,                              the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products                              and periods stipulated in Annex XVI, Part A thereto.

(2)The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU)                              No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its                              publication in the *Official Journal of the European Union*,

HAS ADOPTED THIS REGULATION:

# Article 1U.K.

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to                     this Regulation.                  

# Article 2U.K.

This Regulation shall enter into force on the day 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, 12 November 2014.

*For the Commission,*                            

*On behalf of the President,*                            

Jerzy Plewa                            

*Director-General for Agriculture and Rural Development*                            

## ANNEXU.K.Standard import values for determining the entry price of certain fruit and vegetables

1

OJ L 347, 20.12.2013, p. 671.                           

2

OJ L 157, 15.6.2011, p. 1.
----

(2004/C 33 E/192)

WRITTEN QUESTION P-1909/03

by Michl Ebner (PPE-DE) to the Commission

(2 June 2003)

Subject:   Natura 2000

In the view of the Commission, can the rigid policy of the Flemish government on Natura 2000 areas situated in the VEN (Flemish Environmental Network) be reconciled with the provisions of the Natura 2000 directive?

The Flemish policy is based on a whole series of orders and prohibitions, with inadequate and inappropriate compensation, which furthermore take no account of socio-economic factors.

The existence of two parallel network structures in Flanders — one Flemish and one European — causes a great deal of unnecessary confusion and complication. In practice it seems that an excessively large part is incorporated in the VEN, the IVON (Integraal Verwevings- en Ondersteunend Netwerk, Integrated Interrelation and Support Network) or the nature association areas. In implementing the Nature Decree of late 1997 the Flemish government therefore took care to ensure that the two types of area overlapped as much as possible. Is it sensible for two different types of policy to be implemented in areas where there are overlaps?

The result is that there is confusion among the Flemish public and great dissatisfaction among the rural population, who associate Natura 2000 with the patronising policy of the Flemish government in the VEN.

What is the Commission's view of the compatibility of the Flemish policy on environmental networks with the Natura 2000 directive?

Answer given by Mrs Wallström on behalf of the Commission

(2 July 2003)

Both Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1) (‘Habitats Directive’), and Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (2) (‘Birds Directive’) aim at ensuring the conservation of natural habitats and species at European level. The creation of ‘Natura 2000’, a coherent European ecological network of special areas of conservation, is an important tool to achieve this objective.

National or regional networks of protected areas such as the Flemish Environmental Network represent important complements to the European ‘Natura 2000’ network, as they allow to integrate more local and regional aspects of nature conservation. Neither the ‘Habitats Directive’ nor the ‘Birds Directive’ foresee any restrictions as to Member States introducing stricter protective measures than those provided for under these Directives.

The provisions of the Habitats Directive clearly make Member States responsible for the management of Natura 2000 sites. The responsibility for the management of regional and national networks is a fortiori a matter of national or regional competence.

----

(1)OJ L 206, 22.7.1992.

(2)OJ L 103, 25.4.1979.

----
----

(2004/C 65 E/235)

WRITTEN QUESTION E-2814/03

by Elisabeth Jeggle (PPE-DE) to the Commission

(19 September 2003)

Subject:   Charges for bank transfers between Germany and the United Kingdom

On 1 July 2003, in Germany at least, an EU measure was introduced making the cost of bank transfers to another EU country the same as that of domestic transfers. This is intended to save customers money.

A German citizen transferred EUR 50 to the United Kingdom and paid a EUR 3 charge to the German bank and a further GBP 10 to Alliance and Leicester International.

Prior to 1 July 2003, the citizen paid a total of only EUR 7,50 for the transfer of EUR 50.

This raises the following questions:

Answer given by Mr Bolkestein on behalf of the Commission

(30 October 2003)

----

(1)OJ L 344, 28.12.2001.

----
<TABLE> <S> <C>


<ARTICLE> 5
<RESTATED>
<MULTIPLIER>                                      1000
       
<S>                                          <C>
<PERIOD-TYPE>                                     YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           18092
<SECURITIES>                                         0
<RECEIVABLES>                                    14269
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 34866
<PP&E>                                            5202
<DEPRECIATION>                                    2768
<TOTAL-ASSETS>                                   41809
<CURRENT-LIABILITIES>                            15913
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            74
<OTHER-SE>                                       24692
<TOTAL-LIABILITY-AND-EQUITY>                     41809
<SALES>                                              0
<TOTAL-REVENUES>                                 35292
<CGS>                                                0
<TOTAL-COSTS>                                    30462
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 126
<INCOME-PRETAX>                                   4916
<INCOME-TAX>                                       719
<INCOME-CONTINUING>                               4005
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      4005
<EPS-PRIMARY>                                        0.54
<EPS-DILUTED>                                        0.54
        


</TABLE>
<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                                                      EXHIBIT 11

                    CNA SURETY CORPORATION AND SUBSIDIARIES

                         EARNINGS PER SHARE COMPUTATION

<Table>
<Caption>
                                                               YEARS ENDED DECEMBER 31,
                                                              ---------------------------
                                                               2002      2001      2000
                                                               ----      ----      ----
                                                                (AMOUNTS IN THOUSANDS,
                                                                EXCEPT PER SHARE DATA)
<S>                                                           <C>       <C>       <C>
Net Income..................................................  $28,697   $36,908   $53,602
                                                              =======   =======   =======
Shares:
Weighted average shares outstanding.........................   42,780    42,706    42,889
  Weighted average shares of options exercised..............      130        38         9
                                                              -------   -------   -------
Total weighted average shares outstanding...................   42,910    42,744    42,898
  Effect of dilutive options................................      118       194       130
                                                              -------   -------   -------
Total weighted average shares outstanding, assuming
  dilution..................................................   43,028    42,938    43,028
                                                              =======   =======   =======
Earnings per share..........................................  $  0.67   $  0.86   $  1.25
                                                              =======   =======   =======
Earnings per share, assuming dilution.......................  $  0.67   $  0.86   $  1.25
                                                              =======   =======   =======
</Table>
Exhibit 99.1

                CHIEF EXECUTIVE OFFICER 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 Monterey Bay Bancorp,  Inc.  (the
"Company") on Form 10-Q for the period  ending  September 30, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"),  I, C.
Edward Holden, Chief Executive Officer of the Company,  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; and

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


                                                      Monterey Bay Bancorp, Inc.


Date:    November 12, 2002                     By:    /s/ C. Edward Holden
                                                      --------------------
                                                      C. Edward Holden
                                                      Chief Executive Officer
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from consolidated
financial statements and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1998
<PERIOD-START>                             JAN-01-1999             JAN-01-1998
<PERIOD-END>                               MAR-31-1999             MAR-31-1998
<CASH>                                           2,187                   4,259
<SECURITIES>                                         0                   2,578
<RECEIVABLES>                                   72,780                  50,200
<ALLOWANCES>                                         0                       0
<INVENTORY>                                      6,910                       0
<CURRENT-ASSETS>                                94,272                  67,437
<PP&E>                                          51,799                  39,331
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                 308,947                 240,254
<CURRENT-LIABILITIES>                           27,561                  13,506
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           479                     476
<OTHER-SE>                                     152,789                 148,537
<TOTAL-LIABILITY-AND-EQUITY>                   308,947                 240,254
<SALES>                                              0                       0
<TOTAL-REVENUES>                                49,048                  37,693
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                32,382                  25,635
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                 350                   (308)
<INCOME-PRETAX>                                 16,316                  12,366
<INCOME-TAX>                                     6,159                   4,823
<INCOME-CONTINUING>                             10,157                   7,543
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                        (678)                       0
<NET-INCOME>                                     9,479                   7,543
<EPS-PRIMARY>                                      .20                     .16
<EPS-DILUTED>                                      .19                     .16
        

</TABLE>