alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Page 60494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-20878]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

Time and Date: 11 a.m., Friday, November 4, 2005.

Place: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status: Closed.

Matters To Be Considered: Surveillance Matters.

Contact Person For More Information: Jean A. Webb, (202) 418-5100.

Jean A. Webb,
Secretary of the Commission.
[FR Doc. 05-20878 Filed 10-14-05; 9:44 am]
BILLING CODE 6351-01-M
<PAGE>   1

                                                                    EXHIBIT 23.1


                         INDEPENDENT AUDITORS' CONSENT


The Board of Directors
American National Financial, Inc.

We consent to incorporation by reference in the registration statement (No.
333-83655) on Form S-8 of American National Financial Inc. and subsidiaries of
our report dated February 22, 2001, relating to the consolidated balance sheets
of American National Financial, Inc. and subsidiaries as of December 31, 2000
and 1999 and the related consolidated statements of earnings, comprehensive
earnings, shareholders' equity and cash flows for each of the years in the
three-year period ended December 31, 2000 and our report dated February 28, 2001
related to the financial statement schedule, which reports appear in the
December 31, 2000 annual report on Form 10-K of American National Financial,
Inc.


Los Angeles, California
March 28, 2001
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 509 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 509

       To reauthorize the Marine Turtle Conservation Act of 2004.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 14, 2009

 Mr. Brown of South Carolina introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
       To reauthorize the Marine Turtle Conservation Act of 2004.

    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 ``Marine Turtle Conservation 
Reauthorization Act of 2009''.

SEC. 2. REAUTHORIZATION OF THE MARINE TURTLE CONSERVATION ACT OF 2004.

    Section 7 of the Marine Turtle Conservation Act of 2004 (Public Law 
108-266; 16 U.S.C. 6606) is amended by striking ``each of fiscal years 
2005 through 2009'' and inserting ``each of fiscal years 2009 through 
2014''.
                                 <all>
```
## In the

Court of Appeals

Second Appellate District of Texas

at Fort Worth

No. 02

- 19

- 00258

- CV

I N THE I NTEREST OF J.D., A C HILD §

§

§

§

§ On Appeal from

County Court at Law No. 1

of Wichita County (13166

- JR

- E)

August 22, 2019

Opinion by Justice Womack

JUDGMENT

Th is court has considered the record on appeal in this case and holds that the

appeal should be dismissed. It is ordered that the appeal is dismissed for want of

jurisdiction

.

SECOND DISTRICT COUR T OF APPEALS

By /s/ Dana Womack

Justice Dana Womack
#### STATE OF NORTH CAROLINA v. HAROLD RAY GREENE, Alias JIMMY LEE GRAY

No. 7124SC134

(Filed 28 April 1971)

Appeal by defendant from *Froneberger, Superior Court Judge,*September 1970 Session of Watauga County Superior Court.

Defendant was charged in a proper bill of indictment with breaking and entering and larceny, and entered a plea of not guilty. ,

Evidence for the State tended to show that the defendant broke into a store in Stony Fork Township, Watauga County, owned by John D. Wellborn, and removed therefrom the items *214described in the bill of indictment. Defendant was accompanied in the commission of the crime by his brother-in-law, who testified for the State. Another witness testified that she saw the defendant outside the store at the approximate time the break-in occurred.

Defendant presented no evidence in his own behalf.

From a verdict of guilty on both counts and consecutive sentences of five years on the larceny count and six years on the breaking and entering count, defendant appeals to this Court.

*Attorney General Robert Morgan by Assistant Attorney General Sidney S. Eagles, Jr., and Staff Attorney Russell G. Walker for the State.*

*T. Michael Lassiter for defendant appellant.*

CAMPBELL, Judge.

No brief was filed in this Court on behalf of defendant. However, the court-appointed attorney for defendant, in his statement of the case on appeal contained in the record, states with candor and frankness that he is unable to find any error to assert on appeal.

We have reviewed the record in this case and find no prejudicial error.

No error.

Judges Britt and Graham concur.
In the MATTER OF: A.W.

No. COA18-877

Court of Appeals of North Carolina.

Filed: February 19, 2019

No brief for petitioner-appellee New Hanover County Department of Social Services.

Miller & Audino, LLP, Greenville, by Jay Anthony Audino, for respondent-appellant mother.

Paul W. Freeman, Jr., Wilkesboro, for guardian ad litem.

MURPHY, Judge.

Respondent appeals an order adjudicating A.W. as a neglected juvenile. Respondent's appellate counsel filed a no-merit brief pursuant to Rule 3.1(d) stating that, after a conscientious and thorough review of the record on appeal, he has concluded that the record contains no issue of merit on which to base an argument for relief. N.C. R. App. P. 3.1(d). Appellate counsel provided Respondent with copies of the no-merit brief, trial transcript, and record on appeal and advised her of her right to file a brief *pro se* with this Court; however, Respondent did not exercise her right to file a *pro se* brief. Accordingly, no issues have been argued or preserved in accordance with the Rules of Appellate Procedure. *In re L.V.* , --- N.C. App. ----, ----, 814 S.E.2d 928, 929 (2018) ; *In re I.B.* , --- N.C. App. ----, ----, --- S.E.2d ----, ---- (No. COA18-608) (detailing "settled rules of interpretation [that] support a conclusion that we are not required to conduct an independent review of the record under the text of Rule 3.1(d) as it is written").

DISMISSED.

Report per Rule 30(e).

Judge HUNTER, Jr. concurs.

Chief Judge McGEE dissents in a separate opinion.

McGEE, Chief Judge, dissenting.

Based on the rationale in my dissenting opinion in *In re L.E.M.* , --- N.C. App. ----, 820 S.E.2d 577 (2018), I believe this Court is required to conduct an *Anders* -type review when a no-merit brief is filed pursuant to the requirements of N.C. R. App. P. 3.1(d). Based on a review of the record, I am unable to find any prejudicial error in the trial court's adjudication of neglect. The order includes sufficient findings of fact, based on stipulation of the parties, to support the trial court's legal conclusions. *See**In re Q.A.* , 245 N.C. App. 71, 73-4, 781 S.E.2d 862, 864 (2016). Accordingly, I would affirm the trial court's order.
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent,<br><br>against<br><br>Edward Nelson, Defendant-Appellant.</font></b></div><br><br><p>Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Erika M. Edwards, J.), rendered October 27, 2014, convicting him, upon a plea of guilty, of assault in the third degree, and imposing sentence.</p><p>Per Curiam.</p><p>Judgment of conviction (Erika M. Edwards, J.), rendered October 27, 2014, affirmed.</p><p>The misdemeanor complaint was not jurisdictionally defective (<i>see People v Dumay</i>, 23 NY3d 518 [2014]). It charged all the elements of third-degree assault (<i>se</i>e Penal Law ยง 120.00[1]), and set forth sufficient factual allegations to warrant the conclusion that defendant intended to and did cause the victim to suffer a "physical injury," i.e., "substantial pain" (<i>see</i> Penal Law ยง 10.00[9]). Accepting the allegations as true, a trier of fact could infer that when defendant "punch[ed]" the victim "in the left side of his jaw with a closed fist," he caused substantial pain (<i>see People v Henderson</i>, 92 NY2d 677, 680 [1999]; <a href="../2012/2012_02609.htm" target="_blank"><i>see People v Mercado</i>, 94 AD3d 502</a> [2012], <i>lv denied </i>19 NY3d 999 [2012]; <a href="../2011/2011_01329.htm" target="_blank"><i>People v Lang</i>, 81 AD3d 538</a> [2011], <i>lv denied </i>16 NY3d 896 [2011]), a term which simply means "more than slight or trivial pain" (<a href="../2007/2007_03757.htm" target="_blank"><i>People v Chiddick</i>, 8 NY3d 445</a>, 447 [2007]; <i>see</i> Penal Law ยง 10.00[9]).</p><p>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.</p><br>I concur I concur I concur<br>Decision Date: October 15, 2018<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
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 Education

# FOR FURTHER INFORMATION CONTACT:

                        Mr. Ed McDermott, International Education Programs Service, U.S. Department of Education, 1990 K Street, NW., suite 6082, Washington, DC 20006-8521. Telephone: (202) 502-7636 or by e-mail:                         *ed.mcdermott@ed.gov.*

If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1-800-877-8339. 

                        Individuals with disabilities may obtain this document in an alternative format (                        *e.g.*, Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section.                     

## VIII. Other Information 

*Electronic Access to This Document:*                         You may view this document, as well as all other documents of this Department published in the                         **Federal Register**                        , in text or Adobe Portable Document Format (PDF) on the Internet at the following site:                         *http://www.ed.gov/​news/​fedregister.*

To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at (202) 512-1530.

# Note:

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Dated: October 13, 2005. 

Sally L. Stroup, 

Assistant Secretary for Postsecondary Education. 

[FR Doc. 05-20784 Filed 10-13-05; 4:03 pm] 

BILLING CODE 4000-01-P
*This order 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 

### January 14, 2009 Elisabeth A. Shumaker Clerk of Court UNITED STATES COURT OF APPEALS TENTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v. RODERICK WALKER, a/k/a “Rudd”, Defendant-Appellant. No. 08-5125 (D.C. Nos. 07-CV-00551-CVE-FHM and 04-CR-00099-CVE-1) (N.D. Okla.)

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Before O’BRIEN , EBEL , and GORSUCH , Circuit Judges. We must decide whether to grant a Certificate of Appealability (“COA”) to Roderick Walker, a federal prisoner, in order to permit his appeal from the district court’s denial of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. A COA will not issue unless the applicant makes a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). Under this standard, Mr. Walker must demonstrate that “reasonable jurists could debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were1 Mr. Walker also seeks to raise new claims before us, but we will not entertain arguments not presented to the district court in the first instance. Dockins v. Hines , 374 F.3d 935, 940 (10th Cir. 2004). - 2 - adequate to deserve encouragement to proceed further.” Slack v. McDaniel , 529 U.S. 473, 484 (2000) (quotations omitted). Our inquiry does not require a “full consideration of the factual or legal bases adduced in support of [the applicant’s] claims,” but, rather, “an overview of the claims . . . and a general assessment of their merits.” Miller-El v. Cockrell , 537 U.S. 322, 336 (2003). Mr. Walker is a pro se litigant, so we construe his pleadings and other papers with solicitude. Van Deelen v. Johnson , 497 F.3d 1151, 1153 n.1 (10th Cir. 2007). Before the district court, he raised some eighteen separate claims of ineffective assistance on the part of both his trial and appellate lawyers. 1 In an exhaustive and thoughtful thirty-six page opinion, the district court rejected each of Mr. Walker’s constitutional claims. After reviewing the record, we conclude no reasonable jurist could doubt the correctness of the district court’s disposition. Accordingly, and for substantially the same reasons given by the district court, we deny Mr. Walker’s application for a COA. The appeal is dismissed.

ENTERED FOR THE COURT

Neil M. Gorsuch Circuit Judge
#### Dora Murad Carter and G. T. Attam, also Known as G. T. Hattam, *Appellants,*v. F. O. Bendle, Eva K. Bendle, His Wife; John P. Vollmer and Miami Bank & Trust Company, *Appellees.*

Division A.

Decision Filed March 9, 1928.

*428*John M. Murrell,*for Appellants;

*Edward E. Fleming*and *Burdine & Barco,*for Appellees.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the decree herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises; it is, therefore, considered, ordered and decreed by the Court that, the said decree of the Circuit Court be, and the same is hereby affirmed.

Ellis, C. J., and Strum and Brown, J. J., concur.
STATE of North Carolina v. Jimmy Lee FORTE

No. 223P18

Supreme Court of North Carolina.

December 05, 2018

Hannah H. Love, Assistant Appellate Defender, for Forte, Jimmy Lee (Jr.).

Glenn Gerding, Appellate Defender.

Grady L. Balentine, Jr., Special Deputy Attorney General, Robert A. Evans, Jr., for State of North Carolina.

Daniel P. O'Brien, Special Deputy Attorney General.

Kimberly N. Callahan, Assistant Attorney General, for State of North Carolina.

*ORDER*

The Petition for Discretionary Review filed by the State of North Carolina in this case on 6 August 2018 is decided as follows: The State's petition is allowed for the limited purpose of remanding this case to the Court of Appeals for the purpose of reconsidering defendant's challenge to the validity of the habitual felon indictment returned against him in this case in light of this Court's decision in *State v. Langley,* --- N.C. ----, 817 S.E.2d 191 (2018), with the Court of Appeals' proceeding on remand to include consideration of any aspect of defendant's challenge to the habitual felon indictment that was not reached during the Court of Appeals' initial consideration of this case.

By order of the Court in conference, this the *5th* day of December, 2018.
[Federal Register Volume 70, Number 205 (Tuesday, October 25, 2005)]
[Notices]
[Page 61600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21257]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 70, No. 205 / Tuesday, October 25, 2005 / 
Notices

[[Page 61600]]



DEPARTMENT OF AGRICULTURE

Forest Service


Ravalli County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Ravalli County Resource Advisory Committee will be meeting 
to discuss 2005 projects elected monitors. The meeting is being held 
pursuant to the authorities in the Federal Advisory Committee Act (Pub. 
L. 92-463) and under the Secure Rural Schools and Community Self-
Determination Act of 2000 (Pub. L. 106-393). The meeting is open to the 
public.

DATES: The meeting will be held on October 25, 2005, 6:30 p.m.

ADDRESSES: The meeting will be held at the Ravalli County 
Administration Building, 215 S. 4th Street, Hamilton, Montana. Send 
written comments to Dan Ritter, District Manager, Stevensville Ranger 
District, 88 Main Street, Stevensville, MT 59870, by facsimile (406) 
777-7423, or electronically to <a href="/cdn-cgi/l/email-protection#adc9dfc4d9d9c8dfedcbde83cbc8c983d8de"><span class="__cf_email__" data-cfemail="c5a1b7acb1b1a0b785a3b6eba3a0a1ebb0b6">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Dan Ritter, Stevensville District 
Ranger and Designated Federal Officer, Phone: (406) 777-5461.

    Dated: October 18, 2005.
David T. Bull,
Forest Supervisor.
[FR Doc. 05-21257 Filed 10-24-05; 8:45am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit
32.1

CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350, ASADOPTED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In
connection with the Quarterly Report of U.S. Precious Metals, Inc. (the Company),
on Form 10-Q for the fiscal quarter ended November 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the Report),
I, M. Jack Kugler, Principal 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 the best of my knowledge and belief:

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/
 M. Jack Kugler                                | 
|                                                   | 
|M.
 Jack Kugler                                    | 
|Chief Executive Officer
 and Chairman of the Board | 
|(Principal Executive
 Officer)                     | 
|January 19, 2010                                   | 

---
<PAGE>   1
                                                                    EXHIBIT 23.1

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
report dated March 15, 2001, included in this Form 10-K, into Pennzoil-Quaker
State Company's previously filed Registration Statements on Form S-8 Nos.
333-69833, 333-69835, 333-69839, 333-69837, 333-72835, 333-96385 and 333-36036,
Form S-4 No. 333-61541 and on Form S-3 No. 333-65909.

                                                     ARTHUR ANDERSEN LLP


Houston, Texas
March 15, 2001
<PAGE>   1
                                                                EXHIBIT 10.16(b)

                           FIRST AMENDMENT TO DEFERRED
                             COMPENSATION AGREEMENT


                  THIS AMENDMENT to the Deferred Compensation Agreement made
this 13th day of July, 2000, by and between Pennzoil-Quaker State Company, a
Delaware corporation (the "Company"), and James J. Postl ("Employee").

                                    RECITALS:

                  WHEREAS, the Company and Employee have previously entered into
that certain Deferred Compensation Agreement made the 4th day of May, 2000; and

                  WHEREAS, the Board of Directors of the Company has authorized
the amendment of the Deferred Compensation Agreement and Employee is agreeable
to the amendment.

                  NOW, THEREFORE, in consideration of the premises, effective as
of the date first written above, the Company and Employee agree as follows:

         1. The second sentence of paragraph (2) of the Deferred Compensation
Agreement is hereby amended to read as follows:

         "Employee shall be entitled to participate in all such employee benefit
         plans and programs of the Company as may be in effect from time to
         time, including, but not limited to, the Pennzoil-Quaker State Company
         Salaried Employees Retirement Plan (the 'Retirement Plan'), the
         Pennzoil-Quaker State Company Savings and Investment Plan (the 'Savings
         and Investment Plan'), the group disability plans (i.e., the
         'Short-Term Disability Plan'), the Excess Benefit Agreement between the
         Company and Employee, the group life insurance plan and the group
         hospitalization and medical benefits plan."

         2. Paragraph (3) of the Deferred Compensation Agreement is hereby
amended to read as follows:

                  "(3) Benefit. If Employee shall continue in the employment of
         the Company from the date hereof until he shall have reached age 65 or
         such earlier age as may be specifically agreed to in writing by the
         Board of Directors, then upon Employee's termination of employment with
         the Company for any reason other than death at any time thereafter,
         Employee shall be entitled to monthly payments of deferred compensation
         for the remainder of his life equal to the excess of (a) 57% of the sum
         of (i) Employee's monthly salary as in effect on the date of his
         termination of employment and (ii) the average one-twelfth of the
         annual bonuses paid to Employee for the three calendar years preceding
         the year in which his termination of employment occurs, over (b) the
         total of the monthly amounts payable to Employee during each applicable
         month from the Retirement