alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2000 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

8-8-2000

Kreschollek v. Southern Stevedoring Co

Precedential or Non-Precedential:

Docket 99-5599

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2000

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2000 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Kreschollek v. Southern Stevedoring Co" (2000). 2000 Decisions. Paper 161.

http://digitalcommons.law.villanova.edu/thirdcircuit_2000/161
Filed August 8, 2000 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 99-5599 

CARL KRESCHOLLEK, 

 Appellant 

v. 

SOUTHERN STEVEDORING COMPANY; LUMBERMEN'S 

MUTUAL CASUALTY COMPANY; ROBERT REICH, 

Individually, and in his capacity as Secretary of Labor 

and Industry of the United States of America; 

DAVID LOTZ, Individually, and in his capacity as D irector 

of the Office of Workers' Compensation 

NATIONAL ASSOCIATION OF WATERFRONT EMPLOYERS 

AND THE SHIPBUILDERS COUNCIL OF AMERICA, 

 Intervener-Plaintiff in D.C. 

Appeal from the United States District Court 

for the District of New Jersey 

(D.C. No. 93-cv-03903) 

District Judge: Honorable Joseph H. Rodriguez 

Argued: June 14, 2000 

Before: BECKER, Chief Judge, ALDISERT, Circuit Judge 

and O'KELLEY, District Judge.* 

(Filed: July 28, 2000) 

_________________________________________________________________ 

* Honorable William C. O'Kelley, United States District Judge for the 

Northern District of Georgia, sitting by designation. 
ORDER AMENDING SLIP OPINION 

It is HEREBY ORDERED that the Slip Opinion filed in

this case on July 28, 2000, be amended as follows: 

Page 6, Paragraph 2, "Barksalary v. Smith" should be 

changed to "Baksalary v. Smith" 

Page 8, Footnote 1, "20 C.F.R. 702.105" should read "20 

C.F.R. S 702.105" 

Page 9, Paragraph 2, first sentence, "receipt of notice 

than an employer" should read "receipt of notice that an 

employer" 

 BY THE COURT: 

 /s/ Ruggero J. Aldisert 

 Circuit Judge 

DATED: August 8, 2000 

A True Copy: 

Teste: 

 Clerk of the United States Court of Appeals 

 for the Third Circuit 

 2
WALKER, et al. v. DRIVEN HOLDINGS, LLC

395A17-1

Supreme Court of North Carolina.

March 1, 2018

David C. Boggs, Attorney at Law, Charlotte, Colin R. Stockton, Attorney at Law, for Walker, Ken, et al.

Michael W. Mitchell, Attorney at Law, Raleigh, Jackson Wyatt Moore, Jr., Attorney at Law, for Driven Holdings, LLC

The following order has been entered on the motion filed on the 16th of February 2018 by Kimberly A. Haviv for Admission Pro Hac Vice:

"Motion Allowed by order of the Court in conference, this the 1st of March 2018."
# Official Journal C 2/2007

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 2 |
| | |
| English edition | Information and Notices | Volume 505 January 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 2

English edition

Information and Notices

Volume 505 January 2007

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES |
| | Commission |
| 2007/C 002/01 | Interest rate applied by the European Central Bank to its main refinancing operations: 3,50 % on 1 January 2007 — Euro exchange rates | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND BODIES

Commission

2007/C 002/01

Interest rate applied by the European Central Bank to its main refinancing operations: 3,50 % on 1 January 2007 — Euro exchange rates

1

---

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

EN
Tillie STEWART, Plaintiff, v. James R. SHIPLEY, DPM, Instride Mt. Airy Foot and Ankle Specialists, PLLC d/b/a Mt. Airy Foot & Ankle Center, and Northern Hospital District of Surry County, Defendants.

No. COA17-378

Court of Appeals of North Carolina.

Filed: October 3, 2017

DISMISSED.
----

            COMMISSION REGULATION (EC) No 2062/2004

of 30 November 2004         

establishing unit values for the determination of the customs value of certain perishable goods

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (1),

Having regard to Commission Regulation (EEC) No 2454/93 of 2 July 1993 (2) laying down provisions for the implementation of Regulation (EEC) No 2913/92, and in particular Article 173(1) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The unit values provided for in Article 173(1) of Regulation (EEC) No 2454/93 are hereby established as set out in the table in the Annex hereto.

Article 2

This Regulation shall enter into force on 3 December 2004.

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

Done at Brussels, 30 November 2004.

For the Commission

Günter VERHEUGEN            

Vice-President

----

(1)OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).

(2)OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

----

ANNEX

----
I 

113TH CONGRESS 

2D SESSION H. R. 4172 

To amend the Elementary and Secondary Education Act of 1965 to clarify 

when certain academic assessments shall be administered. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2014 

Mr. GIBSON (for himself and Ms. SINEMA) introduced the following bill; which 

was referred to the Committee on Education and the Workforce 

A BILL 

To amend the Elementary and Secondary Education Act 

of 1965 to clarify when certain academic assessments 

shall be administered. 

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 ‘‘Student Testing Im5 provement and Accountability Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Prior to 2001, Federal law required States 

9 only to test students once per grade span. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4172 IH

1 (2) Following the enactment of the No Child 

2 Left Behind Act of 2001, Federal education policy 

3 has placed an increased emphasis on testing assess4 ments, requiring students to undergo standardized 

5 testing every year in grades 3–8. 

6 (3) Reducing the frequency of federally required 

7 testing would allow more time for classroom instruc8 tion, decrease the burden on educational resources 

9 associated with testing, and move our public edu10 cation system away from the practice of ‘‘teaching to 

11 the test’’. 

12 (4) The yearly testing currently required by 

13 Federal law should be replaced with grade span test14 ing. 

15 SEC. 3. ACADEMIC ASSESSMENTS. 

16 Section 1111(b)(3)(C) of the Elementary and Sec17 ondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) 

18 is amended— 

19 (1) in clause (v)(I)— 

20 (A) by striking ‘‘except as otherwise pro21 vided for grades 3 through 8 under clause vii,’’; 

22 and 

23 (B) by inserting ‘‘and the achievement of 

24 students against the challenging State academic 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 4172 IH

1 content and student academic achievement 

2 standards’’ after ‘‘proficiency of students’’; 

3 (2) by striking clause (vii); and 

4 (3) in clause (viii), by striking ‘‘, (vi), (vii)’’ and 

5 inserting ‘‘and (vi)’’. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Page 57303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19544]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Arthritis and Musculoskeletal and Skin 
Diseases; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Arthritis and Musculoskeletal and Skin 
Diseases Special Grants Review Committee.
    Date: October 24-25, 2005.
    Time: 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Double Tree Hotel, 1750 Rockville Pike, Rockville, MD 
20852.
    Contact Person: Yan Z. Wang, PhD, MD, Scientific Review 
Administrator, National Institutes of Arthritis and Musculoskeletal 
and Skin Diseases, 6701 Democracy Blvd., Suite 820, Bethesda, MD 
20892, (301) 594-4957, <a href="/cdn-cgi/l/email-protection#7e091f1019074f3e131f17125010171650191108"><span class="__cf_email__" data-cfemail="f582949b928cc4b598949c99db9b9c9ddb929a83">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, 
Arthritis, Musculoskeletal and Skin Diseases Research, National 
Institutes of Health, HHS)

    Dated: September 22, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-19544 Filed 9-29-05; 8:45 am]
BILLING CODE 4140-01-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4256 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4256

To amend the Endangered Species Act of 1973 to require, in counting the 
number of a species in a State for purposes of determining whether the 
species is an endangered or threatened species, inclusion of the number 
 of the species on State and private lands as determined by the State, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 14, 2014

    Mr. Stewart (for himself, Mr. Bishop of Utah, and Mr. Chaffetz) 
 introduced the following bill; which was referred to the Committee on 
                           Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Endangered Species Act of 1973 to require, in counting the 
number of a species in a State for purposes of determining whether the 
species is an endangered or threatened species, inclusion of the number 
 of the species on State and private lands as determined by the State, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Endangered Species Improvement Act 
of 2014''.

SEC. 2. INCLUSION OF NUMBER OF A SPECIES ON STATE AND PRIVATE LANDS IN 
              DETERMINATIONS UNDER ENDANGERED SPECIES ACT OF 1973.

    (a) Requirement.--Section 4(b)(1) of the Endangered Species Act of 
1973 (16 U.S.C. 1353(b)(1)) is amended by adding at the end the 
following:
    ``(C) In counting the number of a species in a State for purposes 
of determining under this section whether the species is an endangered 
species or threatened species, the Secretary shall count all of the 
species without regard to whether it is found on State, private, or 
tribal lands as determined by the State for purposes of recovery of the 
species and determination of listing status on the basis of the best 
scientific and commercial data available.''.
    (b) Application.--The amendment made by subsection (a) shall apply 
beginning on the first day of the year of the enactment of this Act.
                                 <all>
```
**EXHIBIT
      32.2**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350**





In
      connection with the accompanying quarterly report on Form 10-QSB of SouthCrest
      Financial Group, Inc. (the “ Company ”)
      for
      the quarter ended June 30, 2005 (the “ Periodic
      Report ”),
      the
      undersigned Chief Executive Officer of the Company, hereby certifies pursuant
      to
      Title 18, Section 1350 United States Code, as adopted pursuant to Section 906
      of
      the Sarbanes-Oxley Act of 2002, to the best of his individual knowledge and
      belief, that the Periodic Report fully complies with the requirements of Section
      13(a) or 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.





Dated:
                August 15, 2005/s/
                Douglas J. HerthaDouglas
                J. HerthaChief
                Financial Officer
STATE of North Carolina v. David Obadiah CROSBY

No. COA16-172

Court of Appeals of North Carolina.

Filed: December 6, 2016

NO ERROR.
Nathaniel R. WEBB v. WAKE COUNTY DETENTION CENTER

No. 274P17

Supreme Court of North Carolina.

November 1, 2017

Mr. Nathaniel R. Webb, For Webb, Nathaniel R.

Mr. Daniel P. O'Brien, Special Deputy Attorney General, For Wake County Detention Center.

***ORDER***

Upon consideration of the petition filed on the 11th of August 2017 by Petitioner in this matter for Writ of Prohibition, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed by order of the Court in conference, this the 1st of November 2017."

Upon consideration of the petition filed by Petitioner on the 21st of August 2017 in this matter for a writ of mandamus, the following order was entered and is hereby certified to the Superior Court, Wake County:

"Dismissed by order of the Court in conference, this the 1st of November 2017."

The following order has been entered on the motion filed on the 28th of August 2017 by Petitioner for Request for Order to Show Cause (Petition for Writ of Prohibition):

"Motion Dismissed by order of the Court in conference, this the 1st of November 2017."

The following order has been entered on the motion filed on the 28th of August 2017 by Petitioner for Request for Order to Show Cause (Petition for Writ of Mandamus):

"Motion Dismissed by order of the Court in conference, this the 1st of November 2017."

The following order has been entered on the motion filed on the 2nd of October 2017 by Petitioner for Summary Disposition:

"Motion Dismissed by order of the Court in conference, this the 1st of November 2017."
IN RE SOUTHEASTERN EYE CENTER-PENDING MATTERS

In re Southeastern Eye Center-Judgments

No. 358A16

Supreme Court of North Carolina.

March 1, 2018

*ORDER*

Morgan, J.

Appellants have failed to demonstrate grounds for appellate review under *583N.C.G.S. 7A-27(a)(3) (2017). The appeals in this matter are therefore dismissed.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 97-40965 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ENRIQUE MORENO, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. C-97-CR-110-1

- - - - - - - - - - August 18, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM: * Enrique Moreno pleaded guilty to count two of an indictment charging him with conspiracy to possess with intent to distribute marijuana. Moreno has raised one issue on appeal--whether the district court erred in failing to depart to the extent requested by the Government in its motion for a downward departure. The argument raised by Moreno was rejected by the court in United States v. Alvarez , 51 F.3d 36, 38-41 (5th Cir. 1995). Because the appeal is frivolous, it is DISMISSED. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983); 5 TH C IR . R. 42.2.No. -2- APPEAL DISMISSED.
In the MATTER OF: S.A.

No. COA17-387

Court of Appeals of North Carolina.

Filed: November 7, 2017

AFFIRMED IN PART. VACATED. REMANDED IN PART.
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 07-2893

___________

Albert Ray Steward III, *

*

Appellant, *

*

v. *

*

Royal Bank of Canada, a Canadian * Appeal from the United States

company; RBC Centura Banks, Inc., a * District Court for the

subsidiary of Royal Bank of Canada; * District of Minnesota.

RBC Dain Rauscher, a subsidiary of *

Royal Bank of Canada; RBC Builder * [UNPUBLISHED]

Finance, a subsidiary of Royal Bank *

of Canada; RBC Insurance Holding, *

Inc., a subsidiary of Royal Bank of *

Canada; RBC Liberty Life Insurance *

Company, a subsidiary of Royal Bank *

of Canada; RBC Capital Markets *

Corporation, a subsidiary of Royal *

Bank of Canada; Doe, Defendants 1 *

through 24, *

*

Appellees. *

___________

Submitted: September 30, 2008

Filed: October 8, 2008

___________

Before WOLLMAN, SMITH, and GRUENDER, Circuit Judges.

___________

PER CURIAM.
1

The Honorable Richard H. Kyle, United States District Judge for the District

of Minnesota, adopting the report and recommendations of the Honorable Arthur J.

Boylan, United States Magistrate Judge for the District of Minnesota.

-2-

Albert Ray Steward appeals the district court’s1 dismissal of his complaint.

After careful review, we conclude that dismissal was proper because the court lacked

subject matter jurisdiction over the action. See Sanders v. Clemco Indus., 823 F.2d

214, 216 (8th Cir. 1987) (threshold requirement in every federal case is jurisdiction);

see also Arbaugh v. Y & H Corp., 546 U.S. 500, 513 n.10 (2006) (noting that claim

invoking federal-question jurisdiction may be dismissed for lack of subject matter

jurisdiction if it is not colorable, i.e., if it is immaterial and made solely for purpose

of obtaining jurisdiction or is wholly insubstantial and frivolous); 4:20 Commc’ns,

Ins. v. Paradigm Co., 336 F.3d 775, 779 (8th Cir. 2003) (party invoking federal

jurisdiction has burden to establish jurisdictional requirements). We also conclude

that the court did not abuse its discretion in denying Steward leave to file a second

amended complaint. See Hammer v. City of Osage Beach, 318 F.3d 832, 844 (8th

Cir. 2003) (standard of review; leave to amend should be denied for reasons such as

undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies with

earlier amendments, undue prejudice to non-movant, or futility of amendment).

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________
In the MATTER OF: J.M. & J.M.

No. 363PA17

Supreme Court of North Carolina.

December 7, 2017

Joyce L. Terres, Assistant Appellate Defender, for Martin, Willie (III).

Cathy L. Moore, Assistant County Attorney, for Durham County DSS.

Erica R. Messimer, Attorney at Law, Charlotte, Matthew Wunsche, Attorney at Law, Durham, for GAL.

***ORDER***

Upon consideration of the petition filed on the 24th of October 2017 by Respondent (Father) 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 7th of December 2017."

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).
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

In the Interest of O.P., a child. )

___________________________________)

)

J.P., )

)

Appellant, )

)

v. ) Case No. 2D17-2340

)

DEPARTMENT OF CHILDREN AND )

FAMILIES and GUARDIAN AD LITEM )

PROGRAM, )

)

Appellees. )

)

Opinion filed March 28, 2018. 

Appeal from the Circuit Court for Collier 

County; Christine Greider, Judge.

J.P., pro se.

Meredith K. Hall, Appellate Counsel,

Bradenton, for Appellee Department of 

Children and Families.

David P. Krupski, Appellate Counsel,

Sanford, for Appellee Guardian ad Litem 

Program.

PER CURIAM.

Affirmed. 

LaROSE, C.J., and KHOUZAM and SALARIO, JJ., Concur.
# Official Journal C 12/2011

| | ISSN 1725-2423
  doi:10.3000/17252423.C_2011.012.eng |
| --- | --- |
| Official Journal
  of the European Union | C 12 |
| | |
| English edition | Information and Notices | Volume 5415 January 2011 |

ISSN 1725-2423

doi:10.3000/17252423.C_2011.012.eng

Official Journal

of the European Union

C 12

English edition

Information and Notices

Volume 5415 January 2011

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 012/01 | Communication from the Commission — Implementation of Article 260(3) of the Treaty | 1 |
| | European Central Bank |
| 2011/C 012/02 | Agreement of 31 December 2010 between Eesti Pank and the European Central Bank regarding the claim credited to Eesti Pank by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank | 6 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 012/01

Communication from the Commission — Implementation of Article 260(3) of the Treaty

1

European Central Bank

2011/C 012/02

Agreement of 31 December 2010 between Eesti Pank and the European Central Bank regarding the claim credited to Eesti Pank by the European Central Bank under Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank

6

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2011/C 012/03 | Euro exchange rates | 8 |
| 2011/C 012/04 | Decision of the President of the European Commission of 10 January 2011 on the appointment of the members of the European Group on Ethics in Science and New Technologies for its fourth mandate | 9 |
| | NOTICES FROM MEMBER STATES |
| 2011/C 012/05 | Public holidays in 2011 | 10 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2011/C 012/03

Euro exchange rates

8

2011/C 012/04

Decision of the President of the European Commission of 10 January 2011 on the appointment of the members of the European Group on Ethics in Science and New Technologies for its fourth mandate

9

NOTICES FROM MEMBER STATES

2011/C 012/05

Public holidays in 2011

10

---

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

EN