alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

C.R., Appellant

and

U.S. POSTAL SERVICE, RIVERVIEW 

VEHICLE MAINTENANCE FACILITY,

St. Paul, MN, Employer

__________________________________________

)

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Docket No. 22-1153

Issued: September 6, 2022

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On July 28, 2022 appellant filed an appeal from a September 10, 2019 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned Docket No. 22-1153.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation 

Act.1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s 

review authority is limited to appeals which are filed within 180 days from the date of issuance 

of OWCP’s decision.2

The 180th day following the September 10, 2019 decision was March 8, 2020. As 

appellant did not file an appeal with the Board until July 28, 2022,more than 180 days after the

September 10, 2019 OWCP decision, the Board finds that the appeal docketed as No. 22-1153 is 

untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not offered 

1

5 U.S.C. § 8149; 20 C.F.R. §§ 501.2(c) and 501.3(a) (2009).

2

20 C.F.R. § 501.3(e).
2

a reason to explain the failure to timely file an appeal with supporting documentation sufficient 

to establish compelling circumstances. Because there is no final adverse decision issued by 

OWCP within 180 days of the filing of the instant appeal, the Board concludes that the appeal 

docketed as No. 22-1153, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 22-1153 is dismissed.

Issued: September 6, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Janice B. Askin, Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

3 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id. 

at § 501.6(d).
Order entered August 9, 2016

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-00534-CV

ASSOCIATION OF TAXICAB OPERATORS, USA, ET AL., Appellants

V.

WALAAL CORPORATION D/B/A AMBASSADOR CAB, ET AL., Appellees

On Appeal from the 134th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-14-03638

ORDER

We DENY appellees’ July 29, 2016 second motion to dismiss the appeal.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
**Avis juridique important**

*|*

# 31992D0283

**92/283/EEC: Commission Decision of 8 May 1992 approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by the Netherlands (Only the Dutch text is authentic)***Official Journal L 150 , 02/06/1992 P. 0025 - 0025*

COMMISSION DECISION  of 8 May 1992  approving the plan for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs submitted by the Netherlands  (Only the Dutch text is authentic)  (92/283/EEC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

 Having regard to the Treaty establishing the European Economic Community, 

 Having regard to Council Directive 90/539/EEC of 15 October 1990 on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (1), as last amended by Directive 91/496/EEC (2), and in  particular Article 3 (2) thereof, 

 Whereas by letter dated 11 November 1991 the Netherlands transmitted a plan to the Commission; 

 Whereas the plan has been examined and found to meet the requirements of Directive 90/539/EEC, and in particular Annex II thereof; 

 Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee, 

 HAS ADOPTED THIS DECISION:  

Article 1 

 The plan submitted by the Netherlands for the approval of establishments for the purposes of intra-Community trade in poultry and hatching eggs is hereby approved.  

Article 2 

 The Netherlands shall bring into force by 1 May 1992 the laws, regulations and administrative provisions for implementation of the plan referred to in Article 1.  

Article 3 

 This Decision is addressed to the Netherlands. Done at Brussels, 8 May 1992. For the Commission 

 Ray MAC SHARRY 

 Member of the Commission   

(1) OJ No L 303, 31. 10. 1990, p. 6. (2) OJ No L 268, 24. 9. 1991, p. 56.
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.E., Appellant

and

DEPARTMENT OF JUSTICE, BUREAU OF 

PRISONS SOUTHEAST REGION, Atlanta, GA, 

Employer

__________________________________________

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Docket No. 23-0420

Issued: February 27, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On February 1, 2023 appellant filed an appeal from an August 3, 2022 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned Docket No. 23-0420.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation 

Act.1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s 

review authority is limited to appeals which are filed within 180 days from the date of issuance 

of OWCP’s decision.2

The 180th day following the August 3, 2022 decision was January 30, 2023. As appellant 

did not file an appeal with the Board until February 1, 2023, more than 180 days after the

August 3, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0420 is 

untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not 

1 5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

2 20 C.F.R. § 501.3(e).
2

explained her failure to timely file an appeal with supporting documentation sufficient to 

establish compelling circumstances. Because there is no final adverse decision issued by OWCP 

within 180 days of the filing of the instant appeal, the Board concludes that the appeal docketed 

as No. 23-0420, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0420 is dismissed.

Issued: February 27, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id.

at § 501.6(d).
#### KENNETH WAYNE KONOLD, Appellant, v. SHERIFF, CLARK COUNTY, NEVADA, Respondent.

No. 10791

June 7, 1978

579 P.2d 768

*Peter L. Flangas,*Las Vegas, for Appellant.

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, *Howard C. Clark*and *Edward R. Kane,*Deputy District Attorneys, Clark County, for Respondent.

*290OPINION

*Per Curiam:*

Kenneth Wayne Konold, a guest in the residence of another person, was ordered to stand trial for possession of marijuana on the basis of a small quantity of marijuana residue found in a pipe [porcelain smoking device] seized from the room where Konold and others were arrested.1 There was also testimony of a “pungent order” in the room, however, that phrase was neither defined nor explained.

Konold petitioned for a writ of habeas corpus contending the recited facts did not support the charge. Habeas was denied and in this appeal Konold contends the district judge should have granted habeas. We agree.

Proof that Konold exercised dominion and control over the contraband was required to support the possession charge. Glispey v. Sheriff, 89 Nev. 221, 510 P.2d 623 (1973). He did not have actual physical possession of the pipe [contraband] and there is nothing in the record from which we might infer constructive possession. Sec Doyle v. State, 82 Nev. 242, 415 P.2d 323 (1966).

Furthermore, this record is barren of facts that might support a theory of “joint possession” such as existed in Maskaly v. State, 85 Nev. 111, 450 P.2d 790 (1969), and Woerner v. State, 85 Nev. 281, 453 P.2d 1004 (1969). Thus, this record cannot support the charged offense.

Without more, Konold’s “mere presence in the area where the narcotic is discovered or mere assocation with the person who does control the drug or the property where it is located, is insufficient to support a finding of possession.” United States v. Stephenson, 474 F.2d 1353, 1355 (5th Cir. 1973). *See also*State v. Luchetti, 87 Nev. 343, 486 P.2d 1189 (1971), where this court held that thirteen occupants of a house did not have constructive possession of marijuana found in plain view in the living room because there was no proof that they had the right *291to control the contraband. *Cf.*Oxborrow v. Sheriff, 93 Nev. 321, 565 P.2d 652 (1977).

Reversed.

1

Charges against the occupant of the premises and other guests are not here involved.
[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Page 66422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21848]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License Rescission of Order of 
Revocation

    Notice is hereby given that the Order revoking the following 
license is being rescinded by the Federal Maritime Commission pursuant 
to sections 14 and 19 of the Shipping Act of 1984 (46 U.S.C. app. 1718) 
and the regulations of the Commission pertaining to the licensing of 
Ocean Transportation Intermediaries, 46 CFR part 515.
    License Number : 018946NF.
    Name: AMF Global Transportation, Inc.
    Address: 16530 Jarvis Avenue, Elk Grove Village, IL 60007.
    Order Published: FR: 10/5/05 (Volume 70, No. 192, Pg. 58223).

Sandra L. Kusumoto,
Director, Bureau of Certification and Licensing.
[FR Doc. 05-21848 Filed 11-1-05; 8:45 am]
BILLING CODE 6730-01-P
[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Rules and Regulations]
[Page 66287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21547]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA 05-2695; MB Docket No.05-138, RM-11162, RM-11266*]


Radio Broadcasting Service; Cameron and Hackberry, LA

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: The Audio Division, at the request of Charles Crawford, allots 
Channel 296C3 at Cameron, Louisiana, as the community's first local 
service, and dismisses a counterproposal filed by Pittman Broadcasting 
Services, LLC to allot Channel 296A at Hackberry, Louisiana. See 70 FR 
19397, published April 13, 2005. See also Public Notice, Report No. 
2723, RM-11266*, issued July 29, 2005. Channel 296C3 can be allotted to 
Cameron in compliance with the Commission's minimum distance separation 
requirements. The reference coordinates for Channel 296C3 at Cameron 
are 29-47-48 North Latitude and 93-19-30 West Longitude. A filing 
window for Channel 296C3 at Cameron, Louisiana will not be opened at 
this time. Instead, the issue of opening a filing window for this 
channel will be addressed by the Commission in a subsequent order.

DATES: Effective November 28, 2005.

ADDRESSES: Federal Communications Commission, 445 Twelfth Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Helen McLean, Media Bureau, (202) 418-
2738.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Report and Order, MB Docket No. 05-138, adopted October 12, 2005, and 
released October 14, 2005. The full text of this Commission decision is 
available for inspection and copying during regular business hours at 
the FCC's Reference Information Center, Portals II, 445 Twelfth Street, 
SW., Room CY-A257, Washington, DC 20554. The complete text of this 
decision may also be purchased from the Commission's duplicating 
contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room 
CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or http://www.BCPIWEB.com. The Commission will send a copy of this Report and 
Order in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

    Radio, Radio broadcasting.

0
For the reasons set forth in the preamble, part 73 is amended as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec.  73.202  [Amended]

0
2. Section 73.202(b), the Table of FM Allotments under Louisiana, is 
amended by adding Cameron, Channel 296C3.

Federal Communications Commission.
John A. Karousos,
Assistant Chief, Audio Division, Media Bureau.
[FR Doc. 05-21547 Filed 11-1-05; 8:45 am]
BILLING CODE 6712-01-P
**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 accompanying Quarterly Report of SoftNet technology Corp. (the Company”) on Form 10-QSB for the three month period ending September 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report”), I, James Booth, 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, to the best of my knowledge, 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 fully presents, in all material respects, the financial condition and results of operations of the Company.

| By:    | /s/ James Booth                        |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | James Booth                                                                                                                                                    |
|   | Chief Executive Officer                                                                                                                                        |
|   | November 14, 2007                                                                                                                                              |

----
#### JOHN A. BRANNEN, Appellant, v. THE STATE OF NEVADA, Respondent.

No. 16341

February 20, 1986

714 P.2d 175

*Patrick J. Mullen*and *Will G. Crocket,*Reno, for Appellant.

*Brian McKay,*Attorney General, Carson City; *Mills Lane,*District Attorney, *Gary H. Hatlestad,*Deputy District Attorney, Washoe County, for Respondent.

OPINION

*Per Curiam:*

A criminal complaint, filed on March 8, 1984, charged that “during the summer months of 1980” John Brannen committed the crime of lewdness with a child under the age of fourteen. NRS 201.230. A magistrate conducted a preliminary hearing and ordered Brannen to stand trial. The state filed the information charging the oifense on April 5, 1984.

After a jury trial Brannen was convicted of the crime charged and sentenced to five years in the Nevada State Prison. The trial judge suspended the sentence and placed Brannen on probation.

On appeal Brannen contends that his conviction must be reversed because the statute of limitations had run, and the district court lacked subject matter jurisdiction over the appellant, an issue which counsel did not raise at trial. We agree.

NRS 171.095(2) requires that prosecution for the oifense of lewdness with a child under fourteen be brought within three *8years of commission of the crime.1 The state failed to file its complaint against Brannen within the statutory period mandated by the legislature.

Brannen’s prosecution under NRS 201.230 is therefore precluded by the statute of limitations.2*See*Melvin v. Sheriff, 92 Nev. 146, 546 P.2d 1294 (1976); Cherubini v. Sheriff, 92 Nev. 111, 54 P.2d 598 (1976).

Reversed.

1

This appeal is governed by NRS 171.085 as it appeared in 1984. It provided as follows:

> 2. An indictment for any other felony than murder, theft, robbery, burglary, forgery, arson or sexual assault must be found, or an information or complaint filed, within 3 years after the commission of the offense.

2

Respondent contends that the 1984 version of NRS 171.095 tolled the running of the statute of limitations; the state’s arguments do not have merit and need not be discussed here.
NOTE: This order is nonprecedential. 

# Wniteb**~tates** 

# <!Courtof§ppeaIs fortbejf 

# eberaI (!Circuit

IN RE BROADCOM CORPORATION, QUALCOMM

INCORPORATED, AND 

### QUALCOMM ATHEROS, INC., Petitioners. Miscellaneous Docket No. 141 On Petition for Writ of Mandamus to the United States District Court for the Eastern District ofTexas in case no. 11-CV-0139, ChiefJudge Leonard Davis. 

### ON PETITION ORDER Azure Networks, LLC and Tri-County Excelsior Foundation move without opposition for a 10-day extension oftime to respond to the petition for a writ ofmandamus. Upon consideration thereof, IT Is ORDERED THAT: Case: 13-141 Document: 25 Page: 1 Filed: 11/02/2012IN RE BROADCOM CORP 2 The motion is granted. The respondents are directed to submit their responses no later than November 13, 2012. FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk s26 Case: 13-141 Document: 25 Page: 2 Filed: 11/02/2012
<PAGE>
                                                                    Exhibit 32.2

                            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 Accredo Health, Incorporated (the
"Company") on Form 10-K for the fiscal year ended June 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Joel R. Kimbrough, Chief Financial 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/ Joel R. Kimbrough


Joel R. Kimbrough
Chief Financial Officer
September 13, 2004
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

A.C., Appellant

and

DEPARTMENT OF VETERANS AFFAIRS, 

BUFFALO VA MEDICAL CENTER,

Buffalo, NY, Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 24-0167

Issued: December 21, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

ALEC J. KOROMILAS, Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On December 11, 2023 appellant filed an appeal from an April 19, 2023 merit decision of 

the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards

assigned the appeal Docket No. 24-0167.

The Board has duly considered the matter and notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’ Compensation 

Act.1 For final adverse decisions of OWCP issued on or after November 19, 2008, the Board’s 

review authority is limited to appeals which are filed within 180 days from the date of issuance 

of OWCP’s decision.2

The 180th day following the April 19, 2023 decision was October 16, 2023. As appellant 

did not file an appeal with the Board until December 11, 2023, more than 180 days after the

April 19, 2023 OWCP decision, the Board finds that the appeal docketed as No. 24-0167 is 

1

5 U.S.C. § 8101 et seq.; 20 C.F.R. §§ 501.2(c) and 501.3(a).

2

20 C.F.R. § 501.3(e) provides in pertinent part: “Any notice of appeal must be filed within 180 days from the 

date of issuance of a decision of the OWCP.”
2

untimely filed. The Board is without jurisdiction to review the appeal. Appellant has not 

explained her failure to timely file an appeal with supporting documentation sufficient to 

establish compelling circumstances. Because there is no final adverse decision issued by OWCP 

within 180 days of the filing of the instant appeal, the Board concludes that the appeal docketed 

as No. 24-0167, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 24-0167 is dismissed.

Issued: December 21, 2023

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

James D. McGinley, Alternate Judge

Employees’ Compensation Appeals Board

3 The Board’s decisions and orders are “final upon the expiration of 30 days from the date of their issuance.” Id.

at § 501.6(d).
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

I, Peter L. Donato, certify, pursuant to Rule 13a-14(b) and 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of IRIS International, Inc. on Form 10-K for the year ended December 31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934 and that information contained in such Annual Report on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of IRIS International, Inc.

Dated: March 14, 2008



|                        |  | 
|----------------------- |  | 
|/s/ PETER L. DONATO     |  | 
|Peter L. Donato         |  | 
|Chief Financial Officer |  | 

This certification shall not be deemed filed for purposes of Section 18 of the Securities
Exchange Act of 1934, or the Exchange Act, or otherwise subject to the liability of Section 18 of the Exchange Ace. Such certification shall not be deemed to be incorporated by reference into any filing under the Securities Act of 1933 or the
Exchange Act, except to the extent that the Company specifically incorporates it by reference.