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

110TH CONGRESS 

1ST SESSION S. 745 

To provide for increased export assistance staff in areas in which the President declared a major disaster as a result of Hurricane Katrina of 

2005 and Hurricane Rita of 2005. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2007 

Ms. LANDRIEU introduced the following bill; which was read twice and 

referred to the Committee on Small Business and Entrepreneurship 

A BILL 

To provide for increased export assistance staff in areas 

in which the President declared a major disaster as 

a result of Hurricane Katrina of 2005 and Hurricane 

Rita of 2005. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gulf Coast Export Re5 covery Act of 2007’’. 


sroberts on PROD1PC70 with BILLS
2 

•S 745 IS

1 SEC. 2. ADDITIONAL STAFF FOR NEW ORLEANS UNITED 

2 STATES EXPORT ASSISTANCE CENTER. 

3 (a) IN GENERAL.—The Secretary of Commerce shall 

4 hire 1 additional full-time international trade specialist, 

5 to be located in the New Orleans, Louisiana, United 

6 States Export Assistance Center. 

7 (b) RESPONSIBILITIES.—The international trade spe8 cialist hired under subsection (a) shall provide service to 

9 the parishes of East Baton Rouge, West Baton Rouge, 

10 Pointe Coupee, Iberville, St. Martin, St. Landry, and Ibe11 ria, Louisiana, and any other parish selected by the Sec12 retary of Commerce. 

13 SEC. 3. GULF COAST EXPORT ASSISTANCE. 

14 (a) INCREASE IN SMALL BUSINESS INTERNATIONAL

15 TRADE STAFF.—The Administrator shall hire an addi16 tional full-time international finance specialist to the Of17 fice of International Trade of the Administration. 

18 (b) LOCATION AND SERVICE AREA.—The inter19 national finance specialist hired under subsection (a) 

20 shall— 

21 (1) be located in the New Orleans, Louisiana 

22 United States Export Assistance Center; 

23 (2) help to carry out the export promotion ef24 forts described in section 22 of the Small Business 

25 Act (15 U.S.C. 649); and 


sroberts on PROD1PC70 with BILLS
3 

•S 745 IS

1 (3) provide such services in the States of Lou2 isiana, Mississippi, and Alabama. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated to the Administration such sums as are 

6 necessary to carry out this section. 

7 (2) AVAILABILITY OF FUNDS.—Amounts made 

8 available under this subsection shall remain available 

9 until expended. 

10 SEC. 4. DEFINITIONS. 

11 For purposes of this Act, the terms ‘‘Administration’’ 

12 and ‘‘Administrator’’ mean the Small Business Adminis13 tration and the Administrator thereof, respectively. 

Æ 


sroberts on PROD1PC70 with BILLS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 07-1897

KAFAYAT OLABISI YUSUFF,

Petitioner,

v.

MICHAEL B. MUKASEY, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals.

Submitted: September 10, 2008 Decided: September 24, 2008

Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Randall L. Johnson, JOHNSON & ASSOCIATES, P.C., Arlington,

Virginia, for Petitioner. Jeffrey S. Bucholtz, Acting Assistant

Attorney General, Mary Jane Candaux, Assistant Director, Edward E.

Wiggers, Office of Immigration Litigation, UNITED STATES DEPARTMENT

OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.
*In her opening brief before this court, Yusuff has failed to

raise any challenges to the denial of her requests for asylum,

humanitarian asylum, protection under the Convention Against

Torture, or voluntary departure. She has therefore waived

appellate review of these claims. See Ngarurih v. Ashcroft, 371

F.3d 182, 189 n.7 (4th Cir. 2004) (finding that failure to raise a

challenge in an opening brief results in abandonment of that

challenge); Edwards v. City of Goldsboro, 178 F.3d 231, 241 n.6

(4th Cir. 1999) (same).

2

PER CURIAM:

Kafayat Olabisi Yusuff, a native and citizen of Nigeria,

petitions for review of an order of the Board of Immigration

Appeals (“Board”) dismissing her appeal from the immigration

judge’s denial of her requests for asylum, withholding of removal,

and protection under the Convention Against Torture.

In her brief on appeal, Yusuff contends that she is

entitled to withholding of removal based on the psychological harm

that she will suffer if her U.S. citizen daughter returns with her

to Nigeria and is subjected to female genital mutilation (“FGM”).

We find that this claim is squarely foreclosed by our decision in

Niang v. Gonzales, 492 F.3d 505, 512 (4th Cir. 2007) (“[B]ecause

‘persecution’ cannot be based on a fear of psychological harm

alone, Niang’s withholding claim fails as a matter of law because

it focuses solely on the psychological harm she claims she will

suffer if her daughter accompanies her to Senegal and is there

subjected to FGM.”).

Accordingly, we deny the petition for review.*

 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.

PETITION DENIED
##### 



Exhibit
12.1
 CKE RESTAURANTS, INC. AND SUBSIDIARIES
RATIO OF EARNINGS TO FIXED CHARGES
 Fiscal years ended January 31,2006
    
    
    2005
    
    
    2004
    
    
    2003
    
    
    2002Earnings before fixed charges:Income (loss) before taxes,
discontinued operations and
cumulative effect of accounting
change for goodwill
    
    $
    57,251
    
    
    $
    17,070
    
    
    $
    (48,013
    )
    
    $
    12,121
    
    
    $
    (85,308
    )Fixed charges
    
    
    55,030
    
    
    
    68,692
    
    
    
    70,404
    
    
    
    69,481
    
    
    
    81,510$
    112,281
    
    
    $
    85,762
    
    
    $
    22,391
    
    
    $
    81,602
    
    
    $
    (3,798
    )Fixed charges:Interest expense
    
    $
    23,016
    
    
    $
    36,748
    
    
    $
    39,962
    
    
    $
    39,924
    
    
    $
    53,906Interest component of rent expense
    
    
    32,014
    
    
    
    31,944
    
    
    
    30,442
    
    
    
    29,557
    
    
    
    27,604$
    55,030
    
    
    $
    68,692
    
    
    $
    70,404
    
    
    $
    69,481
    
    
    $
    81,510Ratio of earnings to fixed charges
    
    
    2.0
    
    
    
    1.2
    
    
    
    
    
    
    
    1.2
    
    
    
    Deficiency (if any)
    
    $
    
    
    
    $
    
    
    
    $
    (48,013
    )
    
    $
    
    
    
    $
    (85,308
    )Rent expense
    
    
    96,042
    
    
    
    95,833
    
    
    
    91,325
    
    
    
    88,672
    
    
    
    82,812Interest component (1/3 of rent expense)
    
    
    32,014
    
    
    
    31,944
    
    
    
    30,442
    
    
    
    29,557
    
    
    
    27,604
<PAGE>
                                                                    EXHIBIT 23.1

               CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-59463, No. 333-52319, No. 33-93084, and No.
33-86588) of Bush Boake Allen Inc. of our report dated January 29, 1999
appearing on page 38 of the Annual Report to Shareholders which is incorporated
in this Annual Report on Form 10-K.

/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP

Florham Park, New Jersey
March 18, 1999




<PAGE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6381

MARK FOWLER,

Petitioner - Appellant,

v.

KENNY ATKINSON,

Respondent – Appellee,

and

CRAIG APKER,

Respondent.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Terrence W. Boyle, 

District Judge. (5:14-hc-02070-BO)

Submitted: August 25, 2016 Decided: August 30, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark Fowler, Appellant Pro Se. Seth Morgan Wood, OFFICE OF THE 

UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Mark Fowler, a federal prisoner, appeals the district 

court’s orders denying relief on his 28 U.S.C. § 2241 (2012)

petition and denying his motion for reconsideration. We have 

reviewed the record and find no reversible error. Accordingly,

although we grant leave to proceed in forma pauperis, we affirm.* 

Fowler v. Atkinson, No. 5:14-hc-02070-BO (E.D.N.C. Jan. 28, 2016 

& Feb. 25, 2016). We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the 

decisional process.

AFFIRMED

 * To the extent that Fowler characterizes his informal brief 

as a petition for writ of mandamus, mandamus is not a substitute 

for appeal. United States v. Moussaoui, 333 F.3d 509, 517 (4th 

Cir. 2003).
[Federal Register Volume 70, Number 180 (Monday, September 19, 2005)]
[Notices]
[Page 54968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18546]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-57,470]


Wilson Sporting Goods Company, Golf Division, a Division of Amer 
of Finland, Humboldt, TN; Notice of Revised Determination on 
Reconsideration

    By letter dated August 30, 2005, a company official requested 
administrative reconsideration of the Department's negative 
determination for Trade Adjustment Assistance (TAA) and Alternative 
Trade Adjustment Assistance (ATAA) for workers of the subject facility. 
Workers produce golf balls.
    The denial was based on the finding of no separations, actual or 
threatened, during the relevant period. The denial was issued on August 
1, 2005 and published in the Federal Register on August 26, 2005 (70 FR 
50411).
    The investigation revealed that January through May 2005 employment 
levels increased from January through May 2004 levels, that production 
levels declined during January through May 2005 from January through 
May 2004 levels, and that a shift of production abroad was followed by 
increased company imports.
    In the request for reconsideration, the company official stated 
that workers were separated in June 2005. Subsequent conversations 
confirmed the statement and established that additional separations are 
scheduled to occur in October 2005.
    The investigation also revealed that all alternative trade 
adjustment assistance criteria have been met. A significant number or 
proportion of the worker group are age fifty years or over and workers 
possess skills that are not easily transferable. Competitive conditions 
within the industry are adverse.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I conclude that increased imports of golf balls 
contributed importantly to worker separations at the subject firm. In 
accordance with the provisions of the Act, I make the following 
certification:

    All workers of Wilson Sporting Goods Company, Golf Division, A 
Division of Amer of Finland, Humboldt, Tennessee, who became totally 
or partially separated from employment on or after June 27, 2004, 
through two years from the date of this certification, are eligible 
to apply for adjustment assistance under Section 223 of the Trade 
Act of 1974, and are also eligible to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.

    Signed in Washington, DC, this 7th day of September, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 05-18546 Filed 9-16-05; 8:45 am]
BILLING CODE 4510-30-P
### NUM BER 13-0 7-00 387- CR 

## COURT OF A PP EA LS T H I R T E E N T H D I S T R I C T O F T E X AS CORPUS CHRI ST I -E DI NBURG

____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ DEB ORA H KA I B ERE SKY , A pp ellan t, v . TH E STA

TE OF T EXAS, A pp ellee.

____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ On ap pe al f rom th e 9 3rd Dist rict C ou rt o f H ida lgo C ou nty , T exas .

____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ 

### MEM ORA NDU M OPI NI ON Be fo re Ju stice s Y añ ez, Garza, a nd Ve la M emo rand um Opin ion Pe r Cu riam Appel lan t, Deb orah Kai Beresky , by and throug h her

att or ney , has fil ed a moti on to dis mis s h er

appeal bec ause she no l ong er des ires to prosec ute i t. See T EX . R. A PP . P. 42. 2(a). W itho u tp a s s in g o n the m erits of the case , w e grant the mot ion to dismiss pursuantto Tex as Rul e of Appel lat e Procedu re 42.2 (a ) and di smi ss the appeal
. Hav ing dis mis sed the a ppeal at a p p e llant's req uest , no moti on for re hear ing w il l be ent ertai ned,2

and our mandate w il l is sue forthw it h. PERC UR IAM
Do not p ubl is h. SeeT EX . R. A PP . P. 4 7.2( b)
. Me moran dum Opi nio n del iv ered and filed thi s t he 9t h day

of Oct ober , 200 8.3
Exhibit 32.0
 CERTIFICATION PURSUANT TO
EXCHANGE ACT RULE 13(a)-14(b) AND 18 U.S.C. SECTION 1350
  (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. The undersigned have executed this
Certificate as of the 5th day of August 2008.
The undersigned have executed this Certificate as of the 5th day of August 2008.
 /s/ Mark MorrissonMark MorrissonChief Executive Officer and Executive Director/s/ Salesh BalakSalesh BalakChief Financial Officer
CONSENT  OF  INDEPENDENT  REGISTERED  PUBLIC ACCOUNTING  FIRM

To the Board of Directors of Nevsun Resources Ltd.



We consent to the inclusion in this annual report on Form 40-F of:

─

our auditors' report dated March 13, 2009, except as to note 14 which is as of March 24, 2009, on the consolidated balance sheets of Nevsun Resources Ltd. ("the Company") as at December 31, 2008 and 2007, and the consolidated statements of operations and comprehensive loss, shareholders equity and cash flows for the years then ended.

─

our auditors' report on reconciliation to United States GAAP dated March 13, 2009.

─

our Report of Independent Registered Public Accounting Firm dated March 13, 2009 on the Companys internal control over financial reporting as of December 31, 2008.

each ofwhich is containedinthis annual report on Form 40-F of the Company for the fiscal year ended December 31, 2008.



Chartered Accountants



Vancouver, Canada

March 30, 2009
Exhibit 32.2

Certification

Pursuant to the requirement set forth in Section 906 of the Sarbanes-Oxley Act
of 2002, David E. Hooston hereby certifies as follows:



| | 1. | He is the duly appointed Chief Financial Officer of Placer Sierra Bancshares, a California corporation (the Company).
| | -- | -----------------------------------------------------------------------------------------------------------------------



| | 2. | Based on his knowledge, the Companys Quarterly Report on Form 10-Q for the quarter ended March 31, 2007, and to which this Certification is attached as Exhibit 32.2 (the
Periodic Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS
WHEREOF, the undersigned has set his hand hereto as of this 8th day of May 2007.



|                   |  |  |  |                                         
|------------------ |  |  |  | ----------------------------------------
|                   |  |  |  | PLACER SIERRA BANCSHARES                
|                   |  | 
|Dated: May 8, 2007 |  |  |  | /s/ David E. Hooston                    
|                   |  |  |  | David E. Hooston Chief Financial
Officer
<PAGE>
                                                                    Exhibit 32.1


                            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 Annual Report of Renal Care Group, Inc. (the
"Company") on Form 10-K for the year ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Gary A.
Brukardt 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, to my knowledge:

     (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.


/s/ Gary A. Brukardt
--------------------------------------------
Gary A. Brukardt
Chief Executive Officer
March 13, 2006
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,004

EX PARTE FREDDIE L. WALLACE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 05-03424-CRF-272-B IN THE 272 JUDICIAL DISTRICT COURT ND

FROM BRAZOS COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant entered an open plea of guilty to

aggravated sexual assault of a child, and was sentenced to life imprisonment. 

Applicant contends, inter alia, that his counsel rendered ineffective assistance because he

failed to advise Applicant of his appellate rights, failed to object when the trial court did not

admonish Applicant of his appellate rights, and failed to timely file a notice of appeal. 

The trial court has determined that trial counsel’s action or inaction denied Applicant his
right to appeal. We find, therefore, that Applicant is entitled to the opportunity to file an out-of-time

appeal of the judgment of conviction in Cause No. 05-03424-CRF-272-B from the 272nd Judicial

District Court of Brazos County. Applicant is ordered returned to that time at which he may give

a written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal.

All time limits shall be calculated as if the sentence had been imposed on the date on which the

mandate of this Court issues. We hold that, should Applicant desire to prosecute an appeal, he must

take affirmative steps to file a written notice of appeal in the trial court within 30 days after the

mandate of this Court issues.

Delivered: September 24, 2008

Do Not Publish
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

September 22, 2008 Clifford W. Taylor,

 Chief Justice 

136726 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

Robert P. Young, Jr. PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman, 

Plaintiff-Appellee, Justices 

v SC: 136726 

 COA: 265463 

Oakland CC: 2004-199127-FH 

DUANE MONTGOMERY,

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 3, 2008 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court. 

p0915 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

September 22, 2008 

 Clerk
**Judgment of the Court (Fifth Chamber) of 7 May 2009 – Commission v Portugal**

**(Case C‐530/07)**

Failure of a Member State to fulfil obligations – Directive 91/271/EEC – Pollution and nuisance – Urban waste water treatment – Articles 3 and 4

1.                     *Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration
– Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see paras 25, 54)*

2.                     *Actions for failure to fulfil obligations – Right of the Commission to bring judicial proceedings – To be exercised at its
discretion (Art. 226 EC) (see para. 29)*

3.                     *Actions for failure to fulfil obligations – Proof of failure – Burden of proof on Commission – Production of evidence showing
failure (Art. 226 EC) (see para. 32)*

4.                     *Environment – Urban waste-water treatment – Directive 91/271 – Implementation by Member States – Obligation to achieve a result
– Failure to satisfy that obligation – Failure to fulfil obligations – National system pleaded as justification – Not permissible
(Art. 226 EC; Council Directive 91/271, Arts 3 and 4) (see para. 55)*

**Re:**

| | |
| --- | --- |
| | Failure of a Member State to fulfil its obligations – Failure to adopt within the prescribed period the measures necessary to comply with Articles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJ 1991 L 135, p. 40) |

**Operative part**

The Court:

| | | |
| --- | --- | --- |
| 1. | | Declares that, by failing to provide, in accordance with the provisions of Article 3 of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste water treatment, the agglomerations of Bacia do Rio Uima (Fiães S. Jorge), Costa de Aveiro, Covilhã, Espinho/Feira, Ponta Delgada, Póvoa de Varzim/Vila do Conde and Santa Cita with collection systems, and by failing to subject to secondary treatment or an equivalent treatment, in accordance with Article 4 of that directive, the urban waste water from the agglomerations of Alverca, Bacio do Rio Uima (Fiães S. Jorge), Carvoeiro, Costa de Aveiro, Costa Oeste, Covilhã, Lisbon, Matosinhos, Milfontes, Nazaré/Famalicão, Ponta Delgada, Póvoa de Varzim/Vila do Conde, Santa Cita, Vila Franca de Xira and Vila Real de Santo António, the Portuguese Republic has failed to fulfil its obligations under Articles 3 and 4 of that directive; |

| | | |
| --- | --- | --- |
| 2. | | Dismisses the action as to the remainder; |

| | | |
| --- | --- | --- |
| 3. | | Orders the Portuguese Republic to pay the costs. |