alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JAMES EMERY VARGO, Appellant, v. WARDEN, NEVADA STATE PRISON, Respondent.

No. 10975

July 26, 1978

581 P.2d 855

*James Emery Vargo,*in *pro per.*

*Robert List,*Attorney General, Carson City; *George E. Holt,*District Attorney, and *Stephen Jones,*Deputy District Attorney, Clark County, for Respondent.

OPINION

*Per Curiam:*

In November 1977, this court affirmed appellant’s murder conviction. Vargo v. State, 93 Nev. 554, 570 P.2d 1142 (1977). *467Thereafter, appellant timely filed an in *pro per*petition for post-conviction relief in the Eighth Judicial District Court.

The petition alleged that Vargo made a “verbal request” that on the appeal counsel present the several issues that are now raised for the first time. He argues that counsel’s failure to do so constitutes a showing of the “good cause . . . for the failure to present such claims” on his direct appeal, that is required by NRS 177.375(2).

Even though no opposition to the petition was filed, it was summarily dismissed by the district judge and Vargo has appealed.

We do not reach the merit, if any, of the appeal. Vargo’s claims have not been considered and resolved, either from the record, or after an evidentiary hearing. See Stewart v. Warden, 92Nev. 588, 555 P.2d 218 (1976). See *also*Smith v. Yeager, 393 U.S. 122 (1968). *Cf.*Townsend v. Sain, 372 U.S. 293 (1963), and its progeny. Accordingly, we vacate the district judge’s order dismissing the petition for post-conviction relief and remand this case for further proceedings, including the appointment of counsel to represent petitioner.
United States Department of Labor

Employees’ Compensation Appeals Board

__________________________________________

D.M., Appellant

and

U.S. POSTAL SERVICE, LUBBOCK POST 

OFFICE, Lubbock, TX, Employer

__________________________________________

)

)

)

)

)

)

)

)

Docket No. 22-0910

Issued: December 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

PATRICIA H. FITZGERALD, Deputy Chief Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

On May 9, 2022 appellant sought an appeal from a March 15, 2022 merit decision of the 

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

assigned Docket No. 22-0910.

The Board, having duly considered the matter, notes that the Board has jurisdiction to 

review final adverse decisions of OWCP issued under the Federal Employees’Compensation Act.1 

This jurisdiction encompasses any final adverse decision issued by OWCP within 180 days of the 

date appellant filed her appeal.2 The case record as transmitted to the Board does not contain a 

final adverse decision of OWCP issued within 180 days from the date of docketing of the current 

appeal.3 OWCP issued a March 15, 2022 decision terminating appellant’s wage-loss 

compensation benefits and entitlement to schedule award benefits, effective March 15, 2022 for 

refusal of suitable work, pursuant to 5 U.S.C. § 8106(c)(2). However, by memorandum of file 

received into the record on April 20, 2022 it determined that the March 15, 2022 termination 

1

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

2

Id. at § 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.”

3

Id.
2

decision was void as it was issued in error.4 The case record reflects that OWCP thereafter 

reinstated appellant’s wage-loss compensation on April 12, 2022 retroactive to the date of 

termination. As OWCP voided the May 15, 2022 decision on its own motion prior to the filing of 

this appeal, the appeal assigned Docket No. 22-0910 does not contain a final adverse decision over 

which the Board may properly take jurisdiction.

5

 As there is no final adverse decision issued by 

OWCP over which the Board may properly exercise jurisdiction, the Board concludes that the 

appeal docketed as Docket No. 22-0910 must be dismissed.6 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as Docket No. 22-0910 is 

dismissed.

Issued: December 6, 2022

Washington, DC

Alec J. Koromilas, Chief Judge

Employees’ Compensation Appeals Board

Patricia H. Fitzgerald, Deputy Chief Judge

Employees’ Compensation Appeals Board

Valerie D. Evans-Harrell, Alternate Judge

Employees’ Compensation Appeals Board

4 OWCP indicated that the March 15, 2022 decision was not cosigned by a supervisor, as required by its procedures. 

5

See M.H., Docket No. 22-0880 (issued November 4, 2022). 

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

20 C.F.R. § 501.6(d).
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM jOSTENS,
Inc. CONDENSED CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE SIX MONTH
PERIOD ENDED JULY 1, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-30-2000
<PERIOD-START>                             JAN-02-2000
<PERIOD-END>                               Jul-01-2000
<CASH>                                          35,875
<SECURITIES>                                         0
<RECEIVABLES>                                  131,040
<ALLOWANCES>                                     5,535
<INVENTORY>                                     66,319
<CURRENT-ASSETS>                               261,799
<PP&E>                                         278,010
<DEPRECIATION>                               (199,192)
<TOTAL-ASSETS>                                 420,462
<CURRENT-LIABILITIES>                          229,628
<BONDS>                                        700,297
<PREFERRED-MANDATORY>                           44,243
<PREFERRED>                                          0
<COMMON>                                         1,015
<OTHER-SE>                                   (557,436)
<TOTAL-LIABILITY-AND-EQUITY>                   420,462
<SALES>                                        476,387
<TOTAL-REVENUES>                               476,387
<CGS>                                          201,787
<TOTAL-COSTS>                                  201,787
<OTHER-EXPENSES>                               226,510
<LOSS-PROVISION>                                 1,321
<INTEREST-EXPENSE>                              15,292
<INCOME-PRETAX>                                 33,286
<INCOME-TAX>                                    26,257
<INCOME-CONTINUING>                              7,029
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,029
<EPS-BASIC>                                       0.23
<EPS-DILUTED>                                     0.23


</TABLE>
#### The People of the State of New York, Respondent, *v.*Patrick Lonergan, Appellant.

*People*v. *Lonergan,*184 App. Div. 926, appeal dismissed.

(Submitted June 10, 1918;

decided July 12, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 11, 1918, which affirmed a judgment of the Oswego County Court rendered upon a verdict convicting the defendant of the crime of assault in the third degree.

*Patrick Lonergan,*appellant, in person.

*Francis D. Culkin*for respondent.

Appeal dismissed; no opinion.

Concur: Hiscock, Ch. J., Collin, Hogan, Cardozo, Pound, Crane and Andrews, JJ.
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.                  

###### Small Business Administration

The U.S. Small Business Administration, Office of the National Advisory Council will be hosting a public meeting via conference call to discuss such matters that may be presented by members, staff of the U.S. Small Business Administration, or interested others. The conference call will take place on Monday, November 21, 2005, at 3 p.m. eastern standard time. The call in number is 1-866-740-1260. To join, enter access code 3711001 at the prompt. 

                    Additionally, we will be using                     *http://www.readytalk.com*                     to offer a PowerPoint presentation. After logging onto the Web page, the access code is the same 3711001. Please log-in 5 minutes prior to the conference.                 

                    Anyone wishing to participate or make an oral presentation to the Board must contact Balbina Caldwell, Director, National Advisory Council, no later than Friday, November 18, 2005, via e-mail:                     *balbina.caldwell@sba.gov*; or phone: (202) 205-6914.                 

Matthew K. Becker, 

Committee Management Officer. 

[FR Doc. 05-21599 Filed 10-28-05; 8:45 am] 

BILLING CODE 8025-01-P
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 Homeland Security

###### Coast Guard

          - 33 CFR Part 117
          - [CGD01-05-098]

# AGENCY:

Coast Guard, DHS.

# ACTION:

Notice of temporary deviation from regulations.

# SUMMARY:

The Commander, First Coast Guard District, has issued a temporary deviation from the drawbridge operation regulations for the Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York City, New York. Under this temporary deviation the bridge may remain in the closed position from November 14, 2005 through November 20, 2005. This temporary deviation is necessary to facilitate scheduled bridge maintenance.

# DATES:

This deviation is effective from November 14, 2005 through November 20, 2005.

# FOR FURTHER INFORMATION CONTACT:

Judy Leung-Yee, Project Officer, First Coast Guard District, at (212) 668-7195.

# SUPPLEMENTARY INFORMATION:

The Metropolitan Avenue Bridge has a vertical clearance in the closed position of 10 feet at mean high water and 15 feet at mean low water. The existing drawbridge operation regulations are listed at 33 CFR 117.801(e).

The owner of the bridge, New York City Department of Transportation (NYCDOT), requested a temporary deviation from the drawbridge operation regulations to facilitate scheduled bridge repairs.

Under this temporary deviation the NYCDOT Metropolitan Avenue Bridge may remain in the closed position from November 14, 2005 through November 20, 2005.

This deviation from the operating regulations is authorized under 33 CFR 117.35, and will be performed with all due speed in order to return the bridge to normal operation as soon as possible.

Dated: October 25, 2005.

Gary Kassof,

Bridge Program Manager, First Coast Guard District.

[FR Doc. 05-21850 Filed 11-1-05; 8:45 am]

BILLING CODE 4910-15-P
# C_2007114EN.01000101.xml

| 24.5.2007 | EN | Official Journal of the European Union | C 114/1 |
| --- | --- | --- | --- |

24.5.2007

EN

Official Journal of the European Union

C 114/1

---

Non-opposition to a notified concentration

(Case COMP/M.4643 — CVC/Victor Rijssen/Volker Wessels)

(Text with EEA relevance)

(2007/C 114/01)

On 14 May 2007, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32007M4643. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32007M4643. EUR-Lex is the on-line access to European law. (http://eur-lex.europa.eu)

---
**Avis juridique important**

*|*

# 31984X0469

**84/469/EEC: Application of Article 27 of the Sixth Council Directive of 17 May 1977 on value added tax (Authorization of a derogation, requested by the United Kingdom, with a view to avoiding certain types of fraud or tax evasion)***Official Journal L 264 , 05/10/1984 P. 0027 - 0027*

*****

Application  of Article 27 of the Sixth Council Directive of 17 May 1977 on value added tax (1)  

(Authorization of a derogation, requested by the United Kingdom, with a view to avoiding certain types of fraud or tax evasion)  

(84/469/EEC)  

In a letter dated 17 January 1984, the United Kingdom Government informed the Commission, pursuant to the above provisions, of its intention to introduce a measure derogating from the Sixth Directive with a view to avoiding certain types of fraud or tax evasion on supplies of gold, gold coins and gold scrap between taxable persons by a special tax accounting scheme.  

The Commission informed the other Member States, by a letter dated 14 February 1984, of the intention of the United Kingdom Government.  

In accordance with Article 27 (4) of the Sixth Directive, the Council Decision authorizing this derogation will be deemed to have been adopted if, within two months of the notification mentioned in the preceding paragraph, neither the Commission nor any Member State has requested that the matter be raised by the Council.  

Since neither the Commission nor any Member State has asked for this matter to be raised within this period, the Council Decision is deemed to have been adopted on 15 April 1984.  

(1) OJ No L 145, 13. 6. 1977, p. 1.
**Exhibit 32.2**

 

CERTIFICATION OF THE CHIEF FINANCIALOFFICER PURSUANT TO 18 U.S.C. SECTION1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report ofInternational Aluminum Corporation (the “Company”) on Form 10-Q for the periodending March 31, 2004, as filed with the Securities and ExchangeCommission (the “Report”), I, Mitchell K. Fogelman, the Senior VicePresident-Finance and Chief Financial Officer of the Company, certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1.                           The Reportfully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.                           Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Date:  May 12, 2004 | MITCHELL K. FOGELMAN                 |
|--------------------------|--------------------------------------|
|                     | Mitchell K. Fogelman                 |
|                     | Senior Vice President – Finance |
|                     | and Chief Financial Officer          |

 

----
# L_2007094EN.01007101.xml

| 4.4.2007 | EN | Official Journal of the European Union | L 94/71 |
| --- | --- | --- | --- |

4.4.2007

EN

Official Journal of the European Union

L 94/71

---

Corrigendum to Commission Directive 2007/19/EC of 30 March 2007 amending Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with food and Council Directive 85/572/EEC laying down the list of simulants to be used for testing migration of constituents of plastic materials and articles intended to come into contact with foodstuffs

(
  Official Journal of the European Union L 91 of 31 March 2007
  )

In the Contents, on page 17, in the title, and on page 22, in the signature, the date of adoption:

for:

‘
  30 March 2007
  ’,

read:

‘
  2 April 2007
  ’;

On page 22, in Article 3(1), first sub-paragraph:

for:

‘by 1 April 2008
  ’,

read:

‘by 4 April 2008
  ’;

On page 22, in Article 3(1)(a):

for:

‘from 1 April 2008
  ’,

read:

‘from 4 April 2008
  ’;

On page 22, in Article 3(1)(b):

for:

‘from 1 June 2008
  ’,

read:

‘from 4 June 2008
  ’;

On page 22, in Article 3(1)(c):

for:

‘from 1 June 2008
  ’,

read:

‘from 4 June 2008
  ’;

On page 22, in Article 3(1)(d):

for:

‘from 1 April 2009
  ’,

read:

‘from 4 April 2009
  ’;

On page 22, Article 4 should read:

‘This Directive shall enter into force on the 20th day following 3 April 2007’.

---
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
report  included  in  this  Form  10-K,  into  the  Company's  previously  filed
Registration  Statements  on Form S-8 File Nos.  33-30249,  33-38201,  33-45610,
33-45614, 33-80084, 33-60343, 33-60389, 333-69789 and 333-69791, and on Form S-3
File Nos. 33-31409, 33-44769, 33-89178, 333-13859 and 333-34715.

/s/ Arthur Andersen LLP


Rochester, New York,
    March 30, 1999
# L_2009023EN.01006001.xml

| 27.1.2009 | EN | Official Journal of the European Union | L 23/60 |
| --- | --- | --- | --- |

27.1.2009

EN

Official Journal of the European Union

L 23/60

---

Corrigendum to Commission Decision 2007/507/EC of 16 July 2007 amending Decision 2006/140/EC as regards a financial contribution by the Community for the year 2007 relating to the survey on TSE resistant PrP genes in goats in Cyprus

(
  Official Journal of the European Union L 186 of 18 July 2007
  )

On page 48, in the Annex, Chapter 3, Financial assistance of the Community, Costs for PrP genotyping SNP analysis/DNA sequencing, column entitled ‘Community assistance’:

for:

‘Costs of maximum 88 000 analyses at maximum EUR 8 per analysis’,

read:

‘Costs of maximum 11 000 analyses at maximum EUR 8 per analysis’.

---
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                           6,386
<SECURITIES>                                     4,753
<RECEIVABLES>                                    6,539
<ALLOWANCES>                                     6,305
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         205,269
<DEPRECIATION>                                  17,735
<TOTAL-ASSETS>                                 218,568
<CURRENT-LIABILITIES>                                0
<BONDS>                                        135,590
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      75,985
<TOTAL-LIABILITY-AND-EQUITY>                   218,568
<SALES>                                              0
<TOTAL-REVENUES>                                37,586
<CGS>                                                0
<TOTAL-COSTS>                                   22,682
<OTHER-EXPENSES>                                 4,279
<LOSS-PROVISION>                                   541
<INTEREST-EXPENSE>                              10,009
<INCOME-PRETAX>                                (1,673)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (1,673)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,443)
<EPS-PRIMARY>                                    (.33)
<EPS-DILUTED>                                    (.33)
        

</TABLE>