alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. FILED United States Court of Appeals Tenth Circuit 

### August 9, 2011 Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee, No.11-3012 v. (D.C. No. 2:10-CR-20094-JWL-1) OSCAR GARCIA, (D. Kan.) Defendant-Appellant.

ORDER AND JUDGMENT *

Before O’BRIEN , McKAY , and TYMKOVICH , Circuit Judges.
After examining counsel’s Andersbrief and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore ordered submitted without oral argument. Appellant Oscar Garcia pled guilty to illegally reentering the United States after being deported subsequent to conviction for an aggravated felony, in violation of 8 U.S.C. § 1326. The district court imposed a sentence of fifty-seven months’ imprisonment, at the bottom of the applicable guideline range, and-2- Appellant filed a notice of appeal. On appeal, Appellant’s counsel has filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967), explaining why counsel believes there to be no reasonable grounds for appeal. Appellant and the government were both given the opportunity to file a response to the Andersbrief but neither did so. After conducting “a full examination of all the proceedings,” id. at 744, we agree with defense counsel that Appellant has no non-frivolous grounds to raise on appeal. The record reveals no valid basis on which Appellant could challenge the entry of his plea of guilty or the district court’s calculation of the applicable guidelines range for his sentence, which was not objected to below. As for the substantive reasonableness of Appellant’s sentence, the record reflects the district court carefully considered all of the 18 U.S.C. § 3553(a) sentencing factors and concluded that a bottom-of-the-guidelines-range sentence would be most appropriate in this case. We see no grounds in the record for Appellant to rebut the presumption of reasonableness attached to this within-guidelines sentence. Because our thorough review of the record persuades us that Appellant can raise no meritorious issue on appeal, we GRANT counsel’s motion to withdraw and DISMISS the appeal. Entered for the Court
Monroe G. McKay Circuit Judge
Converted by EDGARwiz


Exhibit 4.03






















CONSENT OF EUGENE PURITCH







Reference is made to the Annual Report on Form 40-F for the year ended February 28, 2013 (the “Annual Report”) of Virginia Mines Inc. (the “Company”), filed with the U.S. Securities and Exchange Commission.




I participated, as an independent Qualified Person (as such term is defined in Canadian National Instrument 43-101 – Standards of Disclosure for Mineral Projects), in the preparation of an independent technical study, completed in 2009 (the “Technical Study”) concerning mineralized material in the Coulon property for the Company. Portions of the Technical Study are summarized under the heading “Item III – Description of the Business – Coulon Property – 3.1.5 Exploration and Drilling” in the Annual Information Form of the Company for the year ended February 28, 2013 (included as Exhibit 1 of the Annual Report, which Exhibit is incorporated by reference herein). 




I hereby consent to the inclusion of the foregoing written disclosure and to the references to such disclosure and to my name under the foregoing heading and to all other references to such disclosure and to my name included or incorporated by reference in the Annual Report.







Very truly yours,













			
	/S/ Eugene Puritch

	 
	 

	Name:

Eugene Puritch, P. Eng.

	 
	 









May 13, 2013
UNIFUND CCR, LLC, Plaintiff, v. Aimee L. TOMLINSON, Defendant.

No. COA18-112

Court of Appeals of North Carolina.

Filed: July 17, 2018

REVERSED. REMANDED.
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

CAROL HEIM, INDIVIDUALLY AND/OR 

IN HER CAPACITY AS ADMINISTRATRIX 

OF THE ESTATE OF JOSEPH HEIM, 

DECEASED, 

 Respondent 

 v. 

MERCHANTS INSURANCE GROUP, 

 Petitioner 

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 934 MAL 2015 

Petition for Allowance of Appeal from 

the Order of the Superior Court 

ORDER 

PER CURIAM 

AND NOW, this 23rd day of March, 2016, the Petition for Allowance of Appeal is 

DENIED.
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

      ( print page 5482)    
                    Notice is hereby given that, on September 23, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act off 1993, 15 U.S.C. 4301*et seq.*                     (“Act”), American Institute of Timber Construction (“AITC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: American Institute of Timber Construction, Centennial, CO. The nature and scope of AITC's standards development activities are: AITC is the secretariat of a single standard ANSI/AITC A190.1 and maintains the revision of this standard using the “Procedures for Development of American Standards Institute of Timber Construction Consensus Standards” approved by the American National Standards Institute on June 6, 2003. The said standard describes the minimum requirements for the production/manufacture of structural glued laminated as well as the quality control system which must be employed by the manufacturer.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 05-1979  Filed 2-1-05; 8:45 am]

BILLING CODE 4410-11-M
[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Notices]
[Page 57320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19645]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[NM-923-1430-ET; NMNM 055653]


Public Land Order No. 7645; Partial Revocation of Public Land 
Order No. 2051; New Mexico

AGENCY: Bureau of Land Management, Interior.

ACTION: Public land order.

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

SUMMARY: This order partially revokes a Public Land Order insofar as if 
affects 40.16 acres of public land withdrawn for use by the New Mexico 
College of Agriculture and Mechanic Arts, now New Mexico State 
University, for research purposes in connection with Federal programs.

EFFECTIVE DATE: October 31, 2005.

FOR FURTHER INFORMATION CONTACT: Gilda Fitzpatrick, BLM New Mexico 
State Office, 1474 Rodeo Road, Santa Fe, New Mexico 87502, 505-438-
7597.

SUPPLEMENTARY INFORMATION: The land has been patented to a mining 
claimant. Since the land has been conveyed out of Federal ownership 
this is a record-clearing action only.

Order

    By virtue of the authority vested in the Secretary of the Interior 
by Section 204 of the Federal Land Policy and Management Act of 1976, 
43 U.S.C. 1714 (2000), it is ordered as follows:
    Public Land Order No. 2051, which withdrew public land for use by 
the New Mexico College of Agriculture and Mechanic Arts, now New Mexico 
State University, for research purposes in connection with Federal 
programs, is hereby revoked insofar as it affects the following 
described land:

New Mexico Principal Meridian

T. 23 S., R. 2 E.,
    Sec. 23, lots 19 and 20 (formerly described as S\1/2\ of lots 3 
and 4).

    The area described contains 40.16 acres in Dona Ana County.

    Dated: September 13, 2005.
Rebecca W. Watson,
Assistant Secretary--Land and Minerals Management.
[FR Doc. 05-19645 Filed 9-29-05; 8:45 am]
BILLING CODE 4310-FB-P
EXHIBIT 32.1



STATEMENT OF CHIEF EXECUTIVE OFFICER OF

HOMEBANC CORP.

PURSUANT TO

18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with HomeBanc Corp.s (the Company) Quarterly Report on Form 10-Q for the period ended September 30, 2005 (the Report), I,
Patrick S. Flood, Chief Executive Officer of the Company, do hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of The Sarbanes-Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



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



|                        |  |     |  |                                     
|----------------------- |  | --- |  | ------------------------------------
|Date: November 14, 2005 |  | By: |  | /s/ Patrick S. Flood                
|                        |  |     |  | Patrick S. Flood                    
|                        |  |     |  | Chairman and Chief Executive Officer
**Exhibit 31.2**

**CertificatePursuant to Rule 15d-14 under the Securities Exchange Act of 1934**

I, Diana S.Ferguson, certify that:

1. I have reviewedthis quarterly report of Merisant Worldwide, Inc. (“the registrant”);

2. Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

# 3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periodspresented in this report;

# 4. The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

# (a)                                Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

# (b)                               Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

# (c)                                Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

# 5. The registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent functions):

# (a)                                Allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

# (b)                               Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

Date:  August 10, 2007
|        |   | /s/ Diana S. Ferguson          |
|--------|--------|--------------------------------|
|   |   | Name: Diana S. Ferguson        |
|   |   | Title: Chief Financial Officer |

 

1

----
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - 40 CFR Parts 52 and 81
          - [R03-OAR-2005-VA-0007; FRL-7977-9]

# AGENCY:

Environmental Protection Agency (EPA).

# ACTION:

Withdrawal of proposed rule.

# SUMMARY:

EPA is withdrawing the proposed rule published on September 12, 2005 which proposed approval of a redesignation request and maintenance plan submitted by the Commonwealth of Virginia for the City of Fredericksburg, Spotsylvania County, and Stafford County (the Fredericksburg area). The Fredericksburg area is currently designated nonattainment for the eight-hour ozone national ambient air quality standard (NAAQS). It is EPA's intent to publish a proposed rule in the near future which will re-propose approval of the redesignation of the Fredericksburg area and the associated maintenance plan, and provide an expanded discussion as to why the redesignation request for this area is approvable under the Clean Air Act.

# DATES:

The September 12, 2005 proposed rule published at 70 FR 53746 is withdrawn as of September 30, 2005.

# FOR FURTHER INFORMATION CONTACT:

                        Amy Caprio, (215) 814-2156, or by e-mail at                         *caprio.amy@epa.gov.*

# SUPPLEMENTARY INFORMATION:

# List of Subjects in 40 CFR Part 52

      - Environmental protection
      - Air pollution control
      - Incorporation by reference
      - Nitrogen dioxide
      - Ozone
      - Reporting and recordkeeping requirements
      - Volatile organic compounds

Dated: September 23, 2005.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

[FR Doc. 05-19616 Filed 9-29-05; 8:45 am]

BILLING CODE 6560-50-P
#### In the Matter of Dominick Mininni, Appellant, v New York City Employees’ Retirement System et al., Respondents.

[719 NYS2d 853]

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered September 23, 1999, which dismissed the petition brought pursuant to CPLR article 78 to annul respondents’ determination, dated December 10, 1998, denying petitioner’s application for disability retirement benefits, unanimously affirmed, without costs.

The Medical Board’s finding that petitioner is not disabled may not be judicially disturbed since it is supported by some credible evidence, including its own examinations of petitioner (see, *Matter of Borenstein v New York City Employees’ Retirement Sys.,*88 NY2d 756, 761; *Matter of Bell v New York City Employees’ Retirement Sys.,*273 AD2d 119; *Matter of DeNaro v*
      *429
      *New York City Employees’ Retirement Sys.,*265 AD2d 215, *lv denied*95 NY2d 769; *Matter of Reid v Kelly,*235 AD2d 361). While the medical evidence reviewed by the Medical Board was subject to conflicting interpretations, the Board alone had the authority to resolve such conflicts (see *Matter of DeNaro, supra-, Matter of Reid, supra).*Petitioner’s contention that the Board failed to consider the substantial evidence of his disability is not supported by the record. Concur — Williams, J. P., Mazzarelli, Lerner, Rubin and Buckley, JJ.
Priscilla Gayle BROOKBANK v. Heather Dilorenzo WILLIAMS and Trenton Blake Williams

No. 58P17

Supreme Court of North Carolina.

May 3, 2017

John W. Kirkman, Jr., Attorney at Law, Greensboro, Adam W. Arthur, Attorney at Law, for Williams, Trenton Blake.

Kathryn K. Hatfield, Attorney at Law, Rebecca Perry, Attorney at Law, Greensboro, for Brookbank, Priscilla Gayle.

***ORDER***

Upon consideration of the notice of appeal from the North Carolina Court of Appeals, filed by Defendant (Trenton Blake Williams) on the 9th of February 2017 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 3rd of May 2017."

Upon consideration of the petition filed on the 9th of February 2017 by Defendant (Trenton Blake Williams) 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 3rd of May 2017."
# C_2011160EN.01002901.xml

| 28.5.2011 | EN | Official Journal of the European Union | C 160/29 |
| --- | --- | --- | --- |

28.5.2011

EN

Official Journal of the European Union

C 160/29

---

Order of the Civil Service Tribunal of 31 March 2011 — M v Agence européenne des médicaments (EMEA)

(Case F-23/07 RENV-RX) (1)

1

2011/C 160/45

Language of the case: French

The President of the First Chamber has ordered that the case be removed from the register, following amicable settlement.

---

(1)  OJ C 117, 26.5.2007, p. 35.

1

---
[Federal Register Volume 70, Number 190 (Monday, October 3, 2005)]
[Notices]
[Pages 57641-57642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19700]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed Under Subpart B 
(Formerly Subpart Q) During the Week Ending September 9, 2005

    The following Applications for Certificates of Public Convenience 
and Necessity and Foreign Air Carrier Permits were filed under Subpart 
B (formerly Subpart Q) of the Department of Transportation's Procedural 
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, 
Conforming Applications, or Motions to Modify Scope are set forth below 
for each application. Following the Answer period DOT may process the 
application by expedited procedures. Such procedures may consist of the 
adoption of a show-cause order, a tentative order, or in appropriate 
cases a final order without further proceedings.
    Docket Number: OST-1999-5846.
    Date Filed: September 8, 2005.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: September 29, 2005.
    Description: Supplement No. 3 of United Air Lines, Inc. to its 
pending application for renewal and amendment of its experimental 
certificate of public convenience and necessity for Route 566 (U.S.-
Mexico) to include authority to carry persons, property and mail in 
foreign air transportation between Denver and Cozumel and between 
Chicago and San Jose del Cabo as well as authority to integrate this 
service with other services it is authorized to provide by exemptions 
and certificates of public convenience and necessity, pursuant to the 
Department's Notice dated August 23, 2005, In the Matter of 
Streamlining Regulatory Procedures for Licensing U.S. and Foreign Air 
Carriers.
    Docket Number: OST-2005-22228, OST-2005-22433, OST-2005-22434, and 
OST-2005-22435.
    Date Filed: September 9, 2005.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: September 30, 2005.
    Description: Application of Hawaiian Airlines, Inc. requesting 
certificate authority from the United States to Australia and Mexico, 
and related integration authority as provided in the

[[Page 57642]]

Notice issued by the Department of Transportation on August 26, 2005

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 05-19700 Filed 9-30-05; 8:45 am]
BILLING CODE 4910-62-P
NC ACUPUNCTURE LICENSING BOARD v. NC BOARD OF PHYSICAL THERAPY EXAMINERS

380A17-1

Supreme Court of North Carolina.

January 5, 2018

E. D. Gaskins, Jr., Attorney at Law, James M. Hash, Attorney at Law, Raleigh, Michael J. Tadych, Attorney at Law, Katherine Anne King, Attorney at Law, for N.C. Acupuncture Licensing Board.

Stephen D. Feldman, Attorney at Law, James Michael Weiss, Attorney at Law, Troy D. Shelton, Attorney at Law, Raleigh, for N.C. Board of Physical Therapy Examiners.

The following order has been entered on the Consent Motion for Extension of Time to File Brief filed on the 4th of January 2018 by Defendant:

"Motion Allowed by order of the Court in conference, this the 5th of January 2018."

Defendant shall have up to and including the 16th day of February 2018 to file and serve his/her brief with this Court.
Exhibit 10.1

# Consent of Independent
Auditors

We consent to the incorporation by
reference in the registration statements of Nexus Telocation Systems Ltd., on Form F-3
(No. 333-111019) and on Form S-8 (No. 333-113420) and each prospectus constituting a part
thereof, of our report dated March 7, 2004, with respect to the consolidated financial
statements of Nexus Telocation Systems Ltd., included in this Annual Report on Form 20-F
for the year ended December 31, 2003.

| |  | /s/ Kost Forer Gabbay & Kasierer,
  (Former Kost Forer & Gabbay)
A member of Ernst & Young Global
| |  | -------------------------------------------------------------------------------------------------

Tel Aviv, IsraelJune 30,
2004