alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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. 08-40037

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

EMETERIO RIOS, JR

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 2:07-CR-458-ALL

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.

PER CURIAM:*

TheFederal Public Defender appointed to represent Emeterio Rios, Jr. has

moved for leave to withdraw and has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967). Rios has not filed a response. Our independent

review ofthe record and counsel’s brief discloses no nonfrivolous issue for appeal.

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.

United States Court of Appeals

Fifth Circuit

F I L E D

August 20, 2008

Charles R. Fulbruge III

Clerk
# CE2004070EN.01012501.xml

| 20.3.2004 | EN | Official Journal of the European Union | CE 70/125 |
| --- | --- | --- | --- |

20.3.2004

EN

Official Journal of the European Union

CE 70/125

---

(2004/C 70 E/127)

WRITTEN QUESTION P-2654/03

by Anna Karamanou (PSE) to the Council

(2 September 2003)

Subject:   Rape and trafficking in women in Iraq

Subject:

Yanar Mohammed, President of the Organisation for the Liberation of Women in Iraq, has issued a statement condemning the rise in violence against women seen in Iraq since coalition forces have been deployed in the region. It is estimated that over 400 women have been kidnapped, raped, and in many cases even sold. The perpetrators of the attacks are either gangs of people traffickers, who kidnap women in order to ransom or sell them, or criminals who abduct women with a view to raping them. The women's organisation claims that the American troops are doing nothing to stamp out the problem and have turned the streets into a ‘women-free zone’.

Will the Council exert pressure on the American Administration in order to put an immediate stop to and avert future cases of sexual assault, ill-treatment, and trafficking in women, which blatantly violate their human rights?

Reply

(8 December 2003)

(8 December 2003)

| 1. | The Council is fully aware of the precarious security situation currently prevailing in Iraq as a legacy of the conflict. It shares the Honourable Member's concern about the level of violence and crime suffered by ordinary Iraqi citizens — in particular women — in their daily lives. Security in Iraq remains a major priority. In its political contacts with the US, the EU stresses regularly the need to improve security. |
| --- | --- |

1.

The Council is fully aware of the precarious security situation currently prevailing in Iraq as a legacy of the conflict. It shares the Honourable Member's concern about the level of violence and crime suffered by ordinary Iraqi citizens — in particular women — in their daily lives. Security in Iraq remains a major priority. In its political contacts with the US, the EU stresses regularly the need to improve security.

| 2. | While it is clear that ensuring a secure environment in Iraq is at this stage a responsability of the occupying powers, the Council considers that the problem must be addressed within broader stabilisation efforts, comprising in particular political reconstruction and economic recovery, in the perspective of the transition to full Iraqi self government. |
| --- | --- |

2.

While it is clear that ensuring a secure environment in Iraq is at this stage a responsability of the occupying powers, the Council considers that the problem must be addressed within broader stabilisation efforts, comprising in particular political reconstruction and economic recovery, in the perspective of the transition to full Iraqi self government.

---
STEWART v. MOORE FAMILY CARE, et al.

No. 335P15-1.

Supreme Court of North Carolina.

Nov. 5, 2015.

Robert K. Stewart, Marion, for Stewart, Robert K.

Amy C. Kunstling, Assistant Attorney General.

**Opinion**

The following order has been entered on the motion filed on the 2nd of October 2015 by Plaintiff for Medical Malpractice Civil Action:

> "Motion Dismissed by order of the Court in conference, this the 5th of November 2015."
Kelly-Anne GIEN, Plaintiff, v. Andre GIEN, Defendant.

No. COA15-7.

Court of Appeals of North Carolina.

Sept. 15, 2015.

**Case Reported Without Published Opinion**

Affirmed in part, vacated in part, and remanded in part.
# CE2004078EN.01004501.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/45 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/45

---

(2004/C 78 E/0043)

WRITTEN QUESTION E-1726/03

by Mikko Pesälä (ELDR) to the Commission

(23 May 2003)

Subject:   Shooting noise abatement

Subject:

Shooting is a widely popular sport which has very solid long-standing traditions all over the world. One problem that has arisen, however, is the resulting noise, a considerable nuisance factor in the vicinity of shooting ranges, which are often situated close to built-up areas. Shooting noise has thus become an environmental problem.

In some Member States the problem has been effectively solved, in particular by adopting the use of silencers. In Finland, for example, the use of silencers was prohibited before 1993, but the authorisation to use them has since then brought nothing but benefits. Norway's experiences have been much the same as Finland's. Sweden is at the moment amending its law along similar lines.

The use of silencers is not allowed in every Member State. As a result, new types of silencers do not come onto the internal market, and product development is also made more difficult.

Does the Commission consider that any of the factors involved in this matter are likewise hampering the operation of the internal market? Secondly, does it think that any Community action might be conducive to environmental noise abatement at shooting ranges? Is there any way in which it could encourage Member States to remove legislative obstacles to the use of silencers, citing the favourable experiences in the Nordic countries?

Answer given by Mr Bolkestein on behalf of the Commission

(23 July 2003)

(23 July 2003)

The use of silencers is not subject to harmonisation at Community level. This question therefore falls directly within the scope of Articles 28 to 30 of the EC Treaty.

In this context, the Member States may adopt measures aimed at restricting the use and movement of certain products, provided that these are justified on grounds such as public order or safety. The question which arises therefore is to know whether the restrictions in some Member States, as mentioned by the Honourable Member, are covered by such grounds. As the Commission has no knowledge of the nature, scale and scope of the restrictions, it can only ask that the Honourable Member provide further details on the restrictions he mentions, and particularly on their justification.

---
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

Nov. 20, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-13156

Non-Argument Calendar

________________________

D. C. Docket No. 07-00703-CV-GET-1

CARLYLE WRIGHT,

Plaintiff-Appellant,

AMERICAN INTERSTATE INSURANCE

COMPANY, et al.,

Intervenors-Plaintiffs,

versus

UNITED STATES OF AMERICA,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Northern District of Georgia

_________________________

(November 20, 2009)

Before BLACK, PRYOR and HILL, Circuit Judges.
PER CURIAM:

Plaintiff-appellant Carlyle Wright filed this action against the United States

of America under the Federal Tort Claims Act , 28 U.S.C. § 1346(b) and §§ 2671

et seq., for personal injury suffered when struck by a United States Postal Service

forklift. Finding that Wright was the borrowed servant of the Postal Service at the

1

time of the accident, the district court determined that Wright’s claims against the

United States were barred by the Georgia Workers’ Compensation Act. O.C.G.A.

§ 34-9-11(a).

2

The district court granted the government’s motion for summary judgment

and this appeal follows. We have thoroughly reviewed the record in this appeal,

3

including the briefs and the arguments of counsel for both parties. Finding no

error, we affirm the judgment of the district court.

AFFIRMED.

 Wright was employed as a truck driver for H & H Transport at the time of the accident. 1

H & H Transport had a contract with the Postal Service to transfer mail from a central

metropolitan distribution center to outlying postal service facilities.

 Wright had previously settled a worker’s compensation claim against H & H Transport 2

for $120,000.

 The district court did not reach the government’s alternate argument in favor of 3

summary judgment, on the basis of judicial estoppel, due to Wright’s failure to disclose his tort

claim on certain bankruptcy filings, and neither do we.

2
**Exhibit 23.1****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We consent to the incorporation by reference in the following Registration Statements (Forms S-8Nos. 333-122836, 333-72886, and 333-51411) of GameTech International Inc. of our report datedFebruary 8, 2006, with respect to the consolidated financial statements of GameTech InternationalInc. as of and for the year ended October 31, 2005 included in its Annual Report on Form 10-K asfiled on or about February 14, 2006 with the Securities and Exchange Commission./s/ GRANT THORNTON LLPReno, NevadaFebruary 13, 2006
Everette E. KIRBY and wife, Martha Kirby; Harris Triad Homes, Inc.; Michael Hendrix, as Executor of the Estate of Frances Hendrix; Darren Engelkemier; Ian Hutagalung; Sylvia Maendl; Stephen Stept; James W. Nelson and wife, Phyliss Nelson; and Republic Properties, LLC, a North Carolina company (Group 1 Plaintiffs) v. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION.

No. 56PA14-2.

Supreme Court of North Carolina.

Aug. 20, 2015.

Matthew H. Bryant, Winston-Salem, for Kirby, Everette E., et al.

Dahr Joseph Tanoury, Assistant Attorney General, for North Carolina Department of Transportation.

John F. Oates, Jr., Assistant Attorney General, for North Carolina Department of Transportation.

John F. Maddrey, Solicitor General, for North Carolina Department of Transportation.

*830T. Paul Hendrick, Winston-Salem, for Kirby, Everette E., et al.

Kenneth C. Otis, III, for Kirby, Everette E., et al.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant-Appellant on the 24th of March 2015 in this matter pursuant to G.S. 7A-30 (substantial constitutional question), the following order was entered and is hereby certified to the North Carolina Court of Appeals: the notice of appeal is

> "Dismissed Ex Mero Motu by order of the Court in conference, this the 20th of August 2015."

Upon consideration of the petition filed on the 24th of March 2015 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Allowed by order of the Court in conference, this the 20th of August 2015."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).
# CE2004088EN.01011702.xml

| 8.4.2004 | EN | Official Journal of the European Union | CE 88/117 |
| --- | --- | --- | --- |

8.4.2004

EN

Official Journal of the European Union

CE 88/117

---

(2004/C 88 E/0124)

WRITTEN QUESTION P-2854/03

by Rodi Kratsa-Tsagaropoulou (PPE-DE) to the Commission

(18 September 2003)

Subject:   The MEDA Programme and women

Subject:

At the part-session in February 2003 I tabled a question about the implementation of the First Regional Programme for the participation of women in economic and social life and development. Commissioner Christopher Patten assured me that it would be launched in 2004, since the identification and preparatory phase would end in April or May 2003.

In view of the above, will the Commission explain the reasons for this delay? Exactly what stage has been reached in drawing up the programme, since no invitations for the submission of proposals have yet been published? Will invitations for the submission of proposals be published forthwith so that the programme can be launched in 2004, as scheduled?

Answer given by Mr Patten on behalf of the Commission

(5 November 2003)

(5 November 2003)

The identification/formulation phase which determines the priority areas of co-operation to be addressed in the course of the implementation of this important regional programme aiming at enhancing women's participation in the economic development of the MEDA region started in December 2002 and was completed in August 2003.

The next step consists of presenting the programme to the MED Committee. Once the decision is adopted (we anticipate it for the first quarter 2004), the call for proposals will be duly issued.

The information will be available on the EuropeAid Web site: (http://europa.eu.int/comm/europeaid/tender/index_en.htm).

---
In re BROUGHTON.

No. 240P15-1.

Supreme Court of North Carolina.

Aug. 20, 2015.

Celeste G. Broughton, Raleigh, for Broughton, Celeste G.

Kenneth R. Murphy, III, for Wake County.

**Opinion***195The following order has been entered on the motion filed on the 15th of July 2015 by Taxpayer for Notice of Appeal:

> "Motion Dismissed Ex Mero Motu by order of the Court in conference, this the 20th of August 2015."
EXHIBIT 32.1


                       RECKSON OPERATING PARTNERSHIP, L.P.

         CERTIFICATION OF SCOTT H. RECHLER, CHIEF EXECUTIVE OFFICER AND
                 PRESIDENT OF RECKSON ASSOCIATES REALTY CORP.,
        THE SOLE GENERAL PARTNER OF RECKSON OPERATING PARTNERSHIP, L.P.,
  PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES CODE

         I, Scott H. Rechler, Chief Executive Officer and President of Reckson
Associates Realty Corp., the sole general partner of Reckson Operating
Partnership, L.P. (the "Company"), certify pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

1)          The Quarterly Report on Form 10-Q of the Company for the quarterly
            period ended September 30, 2003 (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.

Dated:  November 14, 2003            RECKSON OPERATING PARTNERSHIP, L.P.

                                     By:  Reckson Associates Realty Corp.,
                                           its sole general partner

                                     By:  /s/ Scott H. Rechler
                                          ---------------------------------
                                          Scott H. Rechler, Chief Executive
                                           Officer and President

A signed original of this written statement required by Section 906 has been
provided to Reckson Operating Partnership, L.P. and will be furnished to the
Securities and Exchange Commission or its staff upon request.
STATE v. CORBETT.

No. COA08-410.

Court of Appeals of North Carolina.

Filed February 17, 2009.

Certification Date March 9, 2009.

Appeal from Alamance (06CRS52324, 06CRS52325).

Case reported without published opinion. No error.
<Page>


                                  Exhibit 23.1

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
pertaining to the PRT Group, Inc. Amended and Restated 1996 Stock Incentive
Plan (Form S-8 No. 333-44725), pertaining to the PRT Group Inc. 401(k) Plan
(Form S-8 No. 333-95247), and pertaining to the PRT Group, Inc. Form S-3
related to the shares of common stock issuable upon conversion of the Series
A Senior Participating Redeemable Convertible Preferred Stock and related
warrants (Form S-3 No. 333-36468) of our report dated February 15, 2002, with
respect to the consolidated financial statements and schedule of enherent
Corp. included in the Annual Report (Form 10-K) for the year ended December
31, 2001.


/s/ ERNST & YOUNG LLP

Dallas
March 20, 2002
STATE v. BANDY.

No. COA07-1380.

Court of Appeals of North Carolina.

Filed August 5, 2008.

Certification Date August 25, 2008.

Appeal from Pitt (06CRS57738).

Case reported without published opinion. No error.
The NORTH CAROLINA STATE BAR v. Willie D. GILBERT, II, Attorney.

No. 196A15.

Supreme Court of North Carolina.

Aug. 20, 2015.

Willie D. Gilbert, II, Durham, for Gilbert, Willie D., II.

David R. Johnson, Deputy Counsel, for The NC State Bar.

Katherine Jean, Raleigh, for The NC State Bar.

Maria J. Brown, Deputy Counsel, for The NC State Bar.

Chukwudi E. Umerah, Fayetteville, for Gilbert, Willie D., II.

*ORDER*

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by the Defendant on the 10th of June 2015 in this matter pursuant to G.S. 7A-30, and the motion to dismiss the appeal for lack of substantial constitutional question filed by the Plaintiff, the following order was entered and is hereby certified to the North Carolina Court of Appeals: the motion to dismiss the appeal is

> "Allowed by order of the Court in conference, this the 20th of August 2015."

Upon consideration of the petition filed by Defendant on the 30th of June 2015 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 20th of August 2015."
Michael C. PIRO v. Karen Shapiro PIRO (now Karen Shapiro).

No. 108P15.

Supreme Court of North Carolina.

Sept. 24, 2015.

Karen Shapiro, for Piro, Karen Shapiro.

Gena Graham Morris, Charlotte, for Piro, Michael C.

Christopher Thomas Hood, Charlotte, for Piro, Michael C.

*ORDER*

Upon consideration of the petition filed on the 24th of March 2015 by Defendant in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 24th of September 2015."

Upon consideration of the petition filed by Defendant on the 11th of May 2015 for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

> "Denied by order of the Court in conference, this the 24th of September 2015."
<PAGE>   1
                                                                      Exhibit 24

                               Power of Attorney

         Excerpts from Minutes of the Meeting of the Board of Directors
                        of IRI International Corporation
                             held on March 14, 2000


I, Abdallah Andrawos, Secretary of IRI International Corporation (the
"Company"), hereby certify that the following resolutions were unanimously
approved by all of the directors of the Company at the meeting of the Board of
Directors of the Company held on March 14, 2000:

     RESOLVED that the officers of the Company be, and each of them
individually hereby is, authorized to prepare and file with the Securities and
Exchange Commission the Company's report on Form 10-K (including any amendments
thereto on Form 10-K/A) for the fiscal year ended December 31, 1999; and

     FURTHER RESOLVED, that the officers of this Company be, and each of them
individually hereby is, authorized to prepare, file with the New York Stock
Exchange, and distribute to the Company's stockholders, the Annual Report to
Stockholders for the year ended December 31, 1999; and

     FURTHER RESOLVED that Robert L. Hargrave be appointed as the true and
lawful attorney-in-fact to sign on behalf of each of the directors of the
Company, in their capacity as a director or officer, or both, as the case may
be, of the Company, the Company's report on Form 10-K (including any amendments
thereto on Form 10-K/A), and to file the same, with all exhibits thereto, and
other documents in connection therewith, with the Securities and Exchange
Commission, and

     FURTHER RESOLVED that the officers of the Company be, and each of them
individually hereby is, authorized, for and on behalf of the Company, to
execute, deliver, file, acknowledge and record any and all such documents and
instruments, and to take or cause to be done any and all such other actions as
they, or any of them, may deem necessary or desirable to effectuate and carry
out the resolutions adopted hereby; and

     FURTHER RESOLVED that all actions previously taken by any officer,
director, representative or agent of the Company in the name or on behalf of
the Company or any of its affiliates in connection with the matters
contemplated by the foregoing resolutions be, and each of same hereby is,
adopted, ratified, confirmed and approved in all respects as the act and deed
of the Company; and

     FURTHER RESOLVED that a fully executed copy of these resolutions be filed
with the minutes of proceeds of the Board.


                                             /s/ Abdallah Andrawos
                                             ---------------------------
                                             Secretary
VAUGHAN v. DARE & CURRITUCK DSS, et al.

No. 272P15-1.

Supreme Court of North Carolina.

Aug. 6, 2015.

Susan Vaughan, Kill Devil Hills, for Susan Vaughan.

Courtney S. Hull, for Kathlyn Romm, Samantha Hurd, Kristen Harris, Currituck DSS.

Christen DeGabrielle Simmons, Assistant District Attorney.

Daniel Donahue.

**Opinion**

The following order has been entered on the motion filed on the 5th of August 2015 by Petitioner for Temporary Stay:

> "Motion Denied by order of the Court in conference, this the 6th of August 2015."
Exhibit
23.2




CONSENT
OF EISNER LLP




INDEPENDENT
REGISTER PUBLIC ACCOUNTING FIRM’S CONSENT




We hereby
consent to the incorporation by reference in the Registration Statements of On2
Technologies, Inc. (the “Company”) on Form S-3 (No. 333-142336 and No.
333-137577), on Form S-8 (No. 333-147205) and on Form S-4 (No. 333-145809) of
our report dated June 27, 2008 with respect to our audit of the
consolidated financial statements of the Company as of December 31, 2007
and for each of the years in the two-year period ended December 31, 2007,
which is included in the Annual Report on Form 10-K for the year ended
December 31, 2008. We also consent to the reference of our firm as
“Experts” in the aforementioned Registration Statements on Forms S-3 and
S-4.




/s/
Eisner LLP




New York,
New York


March 10,
2009