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

Employees’ Compensation Appeals Board

__________________________________________

D.A., Appellant

and

DEPARTMENT OF THE ARMY, McALESTER 

ARMY AMMUNITION PLANT, McAlester, OK,

Employer

__________________________________________

)

)

)

)

)

)

)

)

)

Docket No. 23-0389

Issued: February 27, 2023

Appearances: Case Submitted on the Record

Appellant, pro se

Office of Solicitor, for the Director

ORDER DISMISSING APPEAL

Before:

JANICE B. ASKIN, Judge

VALERIE D. EVANS-HARRELL, Alternate Judge

JAMES D. McGINLEY, Alternate Judge

On January 5, 2023 appellant filed an appeal from a June 22, 2022 merit decision of the 

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

assigned Docket No. 23-0389.

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 June 22, 2022 decision was December 19, 2022. As 

appellant did not file an appeal with the Board until January 5, 2023, more than 180 days after 

the June 22, 2022 OWCP decision, the Board finds that the appeal docketed as No. 23-0389 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. 23-0389, must be dismissed.3 Accordingly,

IT IS HEREBY ORDERED THAT the appeal docketed as No. 23-0389 is dismissed.

Issued: February 27, 2023

Washington, DC

Janice B. Askin, 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).
<PAGE>   1
                                                                      EXHIBIT 21

                       LIST OF SUBSIDIARIES OF REGISTRANT

                     BR Holding, Inc., a Georgia corporation

      Host Communications, Inc., a Kentucky corporation and a subsidiary of
                                BR Holding, Inc.

      NTA On-Line Connect, Inc., a Kentucky corporation and a subsidiary of
                           Host Communications, Inc.

     Host Insurance Agency, Inc., a Kentucky corporation and a subsidiary of
                            Host Communications, Inc.

 Dave Campbell Texas Enterprises, Inc., a Delaware corporation and a subsidiary
                          of Host Communications, Inc.

 Universal Sports America, Inc., a Delaware corporation and a subsidiary of
                                BR Holding, Inc.

             USA I, Inc., a Delaware corporation and a subsidiary of
                         Universal Sports America, Inc.

       Streetball Partners, Inc., a Texas corporation and a subsidiary of
                         Universal Sports America, Inc.

Streetball Sports Ventures Partners, LP, a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

           USA Collegiate, LP, a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

        Hoop-It-Up Domestic, LP, a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

   Streetball Partners Management, LP, a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

       Street Hockey Partners, LP, a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

            AIO Ventures, LP, a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

      Spike-It-Up Venture, LP (TX), a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

   Skills Challenge Ventures, LP (TX), a Texas partnership and a subsidiary of
                         Universal Sports America, Inc.

 Hoop-It-Up International, Inc. (DE), a Delaware corporation and a subsidiary of
                         Universal Sports America, Inc.

     USA International, S.A.R.L., a corporation organized under the laws of
           France and a subsidiary of Universal Sports America, Inc.

   Capital Sports Properties, Inc., a Delaware corporation and a subsidiary of
                                BR Holding, Inc.

   Datasouth Computer Corporation, a Delaware corporation and a subsidiary of
                                BR Holding, Inc.

  Datasouth International Sales Corporation, a U.S. Virgin Islands corporation,
               and a subsidiary of Datasouth Computer Corporation

   Datasouth International, Limited, a corporation organized under the laws of
          England, and a subsidiary of Datasouth Computer Corporation
Exhibit 99. (i)(a)

                Amendments to The Savings and
           Profit Sharing Fund of Sears Employees

RESOLVED, that The Savings and Profit Sharing Fund of Sears Employees, as
amended effective as of November 8, 1995, be amended in the following
particulars as of May 1, 1996:

1.    A new Subsection 3.6(l) shall be inserted immediately following
Subsection 3.6(k) as follows:

"(l)  or such other deemed immediate and heavy financial need established
from time to time by the Commissioner of Internal Revenue."

And further, the word "or" shall be deleted at the end of Subsection 3.6(j),
and the period shall be substituted with a semicolon at the end of Subsection
3.6(k), and all subsequent paragraphs in Subsection 3.6 shall be
appropriately renumbered to reflect this amendment, and any other cross
references shall be modified to reflect this amendment.

2.    The fifth full sentence of Subsection 7.2 shall be amended to delete
the phrase "during the period beginning on May 1, 1994 and ending on April
30, 1996."

3.    Delete the second dash and Allstate Holdings, Inc. in Appendix A.

4.    Delete in its entirety Appendix B.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6459
TRIBLE LEE JONES, III, Plaintiff - Appellant, versusJ. M. JABE, Warden of the Greensville Correctional Center; C. BLUNT, Captain; A. HICKS, Lieutenant; L. MCINNIE; C. MIZZELL, Officer, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-95-1331-AM) Submitted: June 20, 1996 Decided: July 2, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Affirmed by unpublished per curiam opinion. Trible Lee Jones, III, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court's order dismissing his 42 U.S.C. § 1983 (1988) complaint. The district court assessed a filing fee in accordance with Evans v. Croom , 650 F.2d 521 (4th Cir. 1981), cert. denied , 454 U.S. 1153 (1982), and dismissed the case without prejudice when Appellant failed to comply with the fee order. Finding no abuse of discretion, we affirm the district court's order. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21

- 1898

DERRICK MICHAEL ALLEN, SR. , Plaintiff

- Appellant ,

v. DURHAM CO. DETENTION FACILITY; CAPTAIN BARNES; MAJOR BAZMORE; CHIEF PRIGNOVO; CAPTAIN RUSSELL; MAJOR CORNIGEE; OFC. WHITTFIELD; OFC. MCMILLIAN; STAFF SGT. COLEMAN; OFC. GIBSON; CORRECT CARE SOLUTION(S); NURSE JOHNSON; SLADE , Defendants

- Appellees

.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensbor o. Thomas D. Schroeder, Chief District Judge. ( 1:20

- cv - 01080

- TDS

- LPA )

Submitted : December 16, 2021 Decided: December 17, 2021

Before WYNN and RICHARDSON, Circuit Judges , and KEENAN , Senior Circuit Judge.

Affirmed by un published per curiam opinion

.
Derrick Michael Allen, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Derrick Michael Allen, Sr. , appeals the district court’s order accepting the recommendation of the magistrat e judge and dismissing Allen ’s 42 U.S.C. § 1983 complaint under 28 U.S.C. § 1915(e)(2)(B). We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Allen
v. Durham Co. Det

. Fac ility , No. 1:20

- cv - 01080

- TDS

- LPA (M.D.N.C. Aug. 11, 2021). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional

process.
AFFIRMED
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 6**  **610**

TIMOTHY ENOS EDENS, SR. ,
P etitioner

- Appellant ,

v.
WILLIE EAGLETON, Warden , Respondent

- Appellee

.

**No. 14**  **- 6720** 

TIMOTHY ENOS EDENS, SR. , Petitioner

- Appellant ,

v.
WILLIE EAGLETON, Warden , Respondent

- Appellee

.

Appeal s from the United States District Court for the District of South Carolina , at Orangeburg

. Solomon Blatt, Jr. , Senior District Judge. ( 5 :1 2

- cv
- 0 3427

- SB )

Submitted : July 29, 2014 Decided: August 1, 2014

Before NIEMEYER, WYNN, and DIAZ , Circuit Judges.

Dismiss ed by un published per curiam opinion

.2 T imothy Enos Edens, Sr. , Appellant Pro Se. Donald John Zelenka, Senior Assistant Attorney General, James Anthony Mabry, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM: Timothy Enos Edens, Sr. , seeks to appeal the district
court’s order accepting the recommendation of the magistrate
judge and dismissing as untimely his 28 U.S.C. § 2254 (2012) petition . Edens also seeks to appeal the district court’s order
denying his motion to alter or amend th e judgment under Fed. R.
Civ. P. 59(e) . The se order s are not appealable unless a circuit
justice or judge issues a certificate of appealability. 28

U.S.C. § 2253(c)(1) (A) (2012) . A certificate of appealability

will not issue absent “a substantial showin g of the denial of a
constitutional right.” 28 U.S.C. § 2253(c)(2) (2012)

. When the district court denies relief on the merits, a prisoner satisfies
this standard by demonstrating that reasonable jurists would

find that the district court’s assessment of the constitutional
claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473,
484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural
grounds, the prisoner must demonstrate both that th e dispositive
procedural ruling is debatable, and that the petition states a
debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently review ed the record and conclude

that Edens has not made the requisite showing. Accordingly, we
deny a certificate of appealability and dismiss the appeal s . We4 dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before

th is court and argument would not aid the decis ional process.

DISMISSED
<PAGE>
<TABLE>
                                                            Exhibit 11.4

                                 EARNINGS PER SHARE
                                FULLY DILUTED COMPUTATION
                ($ in millions except share and per share amounts)



 <CAPTION>
                                                            Quarter Ended
                                                             December 31,
                                                          1995         1994
------------------------------------------------------------------------------------
<S>                                                       <C>          <C>
Basis for computation of earnings per 
  common and common equivalent shares:
    Earnings from continuing operations                   $ 38.3       $ 35.3
    Deduct dividends on 4 Percent 
      cumulative preferred stock                             (.1)         (.1)
                                                          -------      -------
  Earnings from continuing operations
    available to common shareholders                        38.2         35.2
  Discontinued operations                                   19.0          4.5
                                                          -------      -------
  Available for common shareholders                       $ 57.2       $ 39.7
                                                          =======      =======


Number of shares:
  Weighted average shares outstanding                     75,484,367   76,616,993
  Shares issuable upon exercise of stock options,
    net of shares assumed to be repurchased                1,181,659      716,011
                                                          ----------   ----------
                                                          76,666,026   77,333,004
                                                          ==========   ==========



Earnings per common share:
  Continuing operations                                   $  .50       $  .45
  Discontinued operations                                    .25          .06
                                                          -------      -------
  Net earnings                                            $  .75       $  .51
                                                          =======      =======
</TABLE>
**Exhibit 3.1(d)**

 

**CERTIFICATE OF OWNERSHIP AND MERGER**

**OF**

**IRIS INTERNATIONAL, INC.**

**(a Delaware corporation)**

 

**INTO**

 

**INTERNATIONALREMOTE IMAGING SYSTEMS, INC.**

**(a Delaware corporation)**

 

It is hereby certified that: 

 

1. INTERNATIONAL REMOTE IMAGING SYSTEMS, INC. (hereinafter sometimes referred to as the “Corporation”) is a business corporation of the State ofDelaware. 

 

2. The Corporation is the owner of all of theoutstanding shares of common stock of IRIS INTERNATIONAL, INC., which is also a business corporation of the State of Delaware. 

 

3. On November 21, 2003, the Board of Directors of the Corporation adopted the following resolutions to merge IRIS INTERNATIONAL, INC. into theCorporation: 

 

RESOLVED that IRIS INTERNATIONAL, INC. be mergedinto this Corporation, and that all of the estate, property, rights, privileges, powers and franchises of IRIS INTERNATIONAL, INC. be vested in and held and enjoyed by this Corporation as fully and entirely and without change or diminution as thesame were before held and enjoyed by IRIS INTERNATIONAL, INC. in its name. 

 

RESOLVED that this Corporation shall assume all of the obligations of IRIS INTERNATIONAL, INC. 

 

RESOLVED that this Corporation shall cause to be executed and filed and/or recorded the documents prescribed by the laws of the State of Delaware and bythe laws of any other appropriate jurisdiction and will cause to be performed all necessary acts within the State of Delaware and within any other appropriate jurisdiction. 

 

RESOLVED that this Corporation shall change its corporate name to IRIS INTERNATIONAL, INC. 

 

RESOLVED that the effective time of the Certificate of Ownership and Mergersetting forth a copy of these resolutions, and the time when the merger therein provided for, shall become effective shall be the filing date with the Delaware Secretary of State. 

 

Executed on November 26, 2003
111TH CONGRESS 

2D SESSION H. R. 5366 

AN ACT 

To require the proposal for debarment from contracting with 

the Federal Government of persons violating the Foreign 

Corrupt Practices Act of 1977. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 5366 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Overseas Contractor 

3 Reform Act’’. 

4 SEC. 2. REQUIREMENT TO PROPOSE FOR DEBARMENT PER5 SONS VIOLATING THE FOREIGN CORRUPT 

6 PRACTICES ACT. 

7 (a) REQUIREMENT TO PROPOSE FOR DEBARMENT.— 

8 Unless waived by the head of a Federal agency under sub9 section (b), any person found to be in violation of the For10 eign Corrupt Practices Act of 1977 shall be proposed for 

11 debarment from any contract or grant awarded by the 

12 Federal Government within 30 days after a final judgment 

13 of such violation. 

14 (b) WAIVER.—The head of a Federal agency may 

15 waive this section for a Federal contract or grant. Any 

16 such waiver shall be reported to Congress by the head of 

17 the agency concerned within 30 days from the date of the 

18 waiver, along with an accompanying justification. 

19 (c) FINAL JUDGMENT.—For purposes of this section, 

20 a judgment becomes final when all appeals of the judg21 ment have been finally determined, or all time for filing 

22 such appeals has expired. 

23 (d) DEFINITIONS.—In this section: 

24 (1) CONTRACT.—The term ‘‘contract’’ means a 

25 binding agreement entered into by a Federal agency 

26 for the purpose of obtaining property or services. 
3 

•HR 5366 EH

1 (2) PERSON.—The term ‘‘person’’ includes— 

2 (A) an individual; 

3 (B) a partnership; and 

4 (C) a corporation. 

5 (3) FOREIGN CORRUPT PRACTICES ACT OF

6 1977.—The term ‘‘Foreign Corrupt Practices Act of 

7 1977’’ means— 

8 (A) section 30A of the Securities Exchange 

9 Act of 1934 (15 U.S.C. 78dd–1); and 

10 (B) sections 104 and 104A of the Foreign 

11 Corrupt Practices Act (15 U.S.C. 78dd–2). 

12 SEC. 3. GOVERNMENTAL POLICY. 

13 It is the policy of the United States Government that 

14 no Government contracts or grants should be awarded to 

15 individuals or companies who violate the Foreign Corrupt 

16 Practices Act of 1977. 

Passed the House of Representatives September 15, 

2010. 

Attest: 

Clerk. 
111TH CONGRESS 

2D SESSION H. R. 5366 

AN ACT 

To require the proposal for debarment from con1977. violating the Foreign Corrupt Practices Act of tracting with the Federal Government of persons
<TABLE> <S> <C>

          <ARTICLE>    5
          <MULTIPLIER>      1,000
                 
          <S>                                <C>
          <FISCAL-YEAR-END>                                    DEC-31-1996 
          <PERIOD-START>                                       JAN-01-1996 
          <PERIOD-END>                                         SEP-30-1996 
          <PERIOD-TYPE>                      9-MOS
          <CASH>                                                    21,456 
          <SECURITIES>                                                   0 
          <RECEIVABLES>                                            318,018 
          <ALLOWANCES>                                              25,349 
          <INVENTORY>                                              280,977 
          <CURRENT-ASSETS>                                         612,710 
          <PP&E>                                                   410,553 
          <DEPRECIATION>                                           114,763 
          <TOTAL-ASSETS>                                         1,268,565 
          <CURRENT-LIABILITIES>                                    153,398 
          <BONDS>                                                  578,600 
          <PREFERRED-MANDATORY>                                          0 
          <PREFERRED>                                                    0 
          <COMMON>                                                  61,426 
          <OTHER-SE>                                               279,273 
          <TOTAL-LIABILITY-AND-EQUITY>                           1,268,565 
          <SALES>                                                1,262,610 
          <TOTAL-REVENUES>                                       1,262,610 
          <CGS>                                                    913,207 
          <TOTAL-COSTS>                                            913,207 
          <OTHER-EXPENSES>                                               0 
          <LOSS-PROVISION>                                           5,238 
          <INTEREST-EXPENSE>                                        35,672 
          <INCOME-PRETAX>                                           60,260 
          <INCOME-TAX>                                              23,467 
          <INCOME-CONTINUING>                                       36,793 
          <DISCONTINUED>                                                 0 
          <EXTRAORDINARY>                                           (7,417)
          <CHANGES>                                                      0 
          <NET-INCOME>                                              29,376 
          <EPS-PRIMARY>                                               0.48 
          <EPS-DILUTED>                                               0.47 
                  
          
</TABLE>
Exhibit 32.1

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


         In connection with the Quarterly Report of OptimumBank Holdings, Inc.
(the "Company") on Form 10-QSB for the period ended March 31, 2004 as filed with
the Securities and Exchange Commission (the "Report"), I, Albert J. Finch, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C.ss. 1350, as
added by ss. 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.       To my knowledge, the information contained in the Report fairly
         presents, in all material respects, the financial condition and results
         of operations of the Company as of and for the period covered by the
         Report.





Date:  May 14, 2004                By:  /s/ Albert J. Finch
       ------------                    -----------------------------------------
                                        Albert J. Finch, Chief Executive Officer