alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). N H Y / R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T DE NI A RUT H MUR GA - S OS A, P et i t i on er , v. E R I C H . H O L D E RJ r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 07- 74022 A ge nc yN o. A 027- 622- 573 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d F e bruary16, 2010 ** B efo re: F E RN A N D E Z , G O U L D , an dM . S M IT H , C i rcu i tJu d g es. D e ni aRuth M ur ga - S os a , ana t i ve and c i t i z e n of E l S a l va dor , pe t i t i ons f or re vi ew of the B oard of Im m i grat i on A pp ea l s’ order di sm i ss i ng her app ea l fr om an i m m i grat i on j ud ge’ s ( “ IJ ”) deci si on denyi ng her m ot i on t o reopen rem ov al 

# FI LED FEB 25 2 010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSN H Y / Res ea r ch 07- 74022 2 pr oc e e di ngs . O urj ur i s di c t i on i s gove rne d by8 U . S . C . § 1252. W e r e vi e w f or ab u s e o f d is c r e tio n th e d e n ia l o f am o tio n to r e o p e n , Si n gh v . I NS , 295 F . 3d 1037, 1 0 3 9 ( 9 th C ir . 2 0 0 2 ) , an dd e n o v o qu e s tio n s o f law , Ra m v . I

NS , 243 F . 3d 510, 516 ( 9 th C ir . 2 0 0 1 ) . W e d e n yin p art an dd is m is s in p art th e p e titio n f o rr e v ie w . T he a ge nc ydi d notabus e i t s di s c r e t i on i n de ny i ng M ur ga - S os a ’ s s e c ond m o tio n to r e o p e n a s n u m e r ic a llyb arr e d , se e 8 C . F . R . § 1003. 23( b) ( 1) ( l i m i t i ng p artyto o n e m o tio n to r e o p e n p r o c e e d in g s ) , an dc o n c lu d in g th a t P e titio n e rf a ile dto e s tab lis h g r o u n d s f

o rw a iv in g th e n u m e r ic a l r e s tr ic tio n , c f . Va r e la v . I

NS , 204 F . 3d 12 37 , 12 40 (9th C i r. 20 00 ) ( nu m er i ca l l i m i t s m aybe w ai ved i n cas es of fr aud as lo n g a s th e p e titio n e ra c ts w ith du e d ilig e n c e ) . W e l a c k j ur i s di c t i on t o c ons i de rM ur ga - S os a ’ s c ont e nt i on tha tthe I Jdi d not gi ve her not i ce re gardi ng the consequences of f ai l i ng t o d epartbecause s he fa i l ed to r a is e it b e f

o r e th e a g e n c y . Se e B a rr o n v . A s h c r o ft , 35 8 F . 3d 67 4, 67 8 (9th C i r. 2004) ( not i ng tha tdue pr oc e s s c ha l l e nge s tha tar e “ pr oc e dur a l i n na tur e ” m us tbe exhaust ed). P E T IT IO N F O R R E V IE W D E N IE D i n p art; D IS M IS S E D i n p art.
NO. 09- 15 -00372- CV

__________________________________________________________________

IN THE

COURT OF APPEALS

NINTH DISTRICT OF TEXAS

BEAUMONT, TEXAS

_________________________________________________________________

REGINALD TRAINER, EFRAIN AVENDANO, PAUL HULIN AND

HERMAN LEVINGSTON,

Appellant

V.

CITY OF PORT ARTH UR

,

Appellee

__________________________________________________________________

On Appeal from the 1 72 nd Judicial District Court of Jefferson County, Texas

Trial Court Cause No. E-194,887

__________________________________________________________________

APPELLEE’S DESIGNATION OF LEAD APPELLATE COUNSEL AND

MEDIATION DOCKETING STATEMENT

TO THE HONORABLE NINTH COURT OF APPEALS:

Pursuant to the Texas Rules of Appellate Procedure 6.2, Appellee, City of

Port Arthur, gives notice that Eric C. Farrar, State Bar No. 24036549, will serve as

lead appellate counsel in the above captioned cause. Please send all

communications related to this matter to Mr. Farrar’s attention at Wortham Tower,

Suite 600, 2727 Allen Parkway, Houston, Texas 77019, efarrar@olsonllp.com. ACCEPTED

09-15-00372-CV

NINTH COURT OF APPEALS

BEAUMONT, TEXAS

9/17/2015 3:34:40 PM

CAROL ANNE HARLEY

CLERKNO. 09

- 15

- 00372

- CV

Appellee’s Designation of Lead Counsel

2 Appellee, City of Port Arthur wil l also continue to be represented by Scott

Bounds and J ohn Hightower.

Appellee’s Mediation Docketing Statement

This a ppeal arises out of the trial court’s order granting Appellee’s plea to

the ju risdiction. The trial court agreed with Appellee and ruled that Appellants did

not exhaust their administrative re medies under state law and city ordinances.

Appellee respectfully submit s to this Court that this appeal should not be mediated

to the e xtent an agreement cannot be reached without Appellants’ exhaustion of

administrative remedies afforded to them under s tate law and city ordinances.

Respectfully submitted,

OLSON & OLSON, L.L.P.

By: /s/ Eric C. Farrar

Eric C. Farrar

State Bar No. 24036549

Scott Bounds

State Bar No. 02706000

sbounds@Olsonllp.com

John J. Hightower

State Bar No. 09614200

jhightower@Olsonllp.com

Wortham Tower, Suite 600

2727 Allen Parkway

Houston, Texas 77019

Telephone: (713) 533

- 3800

Facsimile: (713) 533

- 3888

ATTORNEYS FOR APPELLEENO. 09

- 15

- 00372

- CV

Appellee’s Designation of Lead Counsel

3 CERTIFICATE OF SERVICE

I hereby certify that on the 17 t h day of September 2015, a true and correct

copy of the foregoing Appellee’s Notice of Appearance of Appellate Counsel was

served on the counsel for Appellant by:

via e

- service

to Langston Scott Adams, Law Offices of Langston Scott Adams, 2931 Park Plaza

Ln, Port Arthur, Texas 77642.

/s/ Eric C. Farrar

Eric C. Farrar
This opinion is subject to administrative correction before final disposition.

Before MONAHAN , STEPHENS, and DEERWESTER Appellate Military Judges

_________________________ 

### UNITED STATES Appellee

v. Willy J. CANCEL Lance Corporal (E

- 3 ), U.S. Marine Corps Appellant
No. 202000284
Decided: 30 March 2021 Appeal from the United States Navy

- Marine Corps Trial Judiciary Military Judge : Kyle G. Phillips Sentence adjudged 31 August 2020 by a special court

- martial convened at Marine Corps Base Camp Lejeune , North Carolina, consisting of a military judge sitting alone

. Sentence in the Entry of Judgment : reduction to E

- 1, confinement for 1 5 4 days , and a bad

- conduct discharge

. For Appellant: Major Brian L. Farrell, USMCR For Appellee: Brian K. Keller, Esq.

_________________________ This opinion does not serve as binding precedent under NMCCA Rule of Appellate Procedure 30.2 (a)

.United States v. Cancel , NMCCA No. 202000284 Opinion of the Court

2 _________________________ PER CURIAM : After careful consideration of the record, submitted without assignment of error, we have dete rmined that the findings and sentence are correct in law and fact and that no error materially prejudicial to A ppellant’s substantial rights occurred. Uniform Code of Military Justice arts. 59, 66, 10 U.S.C. §§ 859, 866. T he findings and sentence are AFFI RMED

.

FOR THE COURT:

RODGER A. DREW, JR. Clerk of Court
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5256 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5256

To provide for the hiring, training, and deploying of additional Border 
 Patrol agents along the southwest international border of the United 
                                States.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2010

 Mrs. Kirkpatrick of Arizona introduced the following bill; which was 
             referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL

 
To provide for the hiring, training, and deploying of additional Border 
 Patrol agents along the southwest international border of the United 
                                States.

    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 ``Southern Border Security Act of 
2010''.

SEC. 2. INCREASE IN BORDER PATROL AGENTS ALONG SOUTHWEST INTERNATIONAL 
              BORDER.

    The Secretary of Homeland Security shall hire, train, and deploy 
additional Border Patrol agents along the southwest international 
border of the United States as follows:
            (1) 2,000 additional Border Patrol agents by September 30, 
        2010, over the number of such agents as of the date of the 
        enactment of this Act.
            (2) 1,500 additional Border Patrol agents by September 30, 
        2011, over the number of such agents on September 30, 2010.
                                 <all>
```
[Federal Register Volume 70, Number 204 (Monday, October 24, 2005)]
[Notices]
[Pages 61435-61436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21183]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Senior Executive Service Performance Review Board

AGENCY: Department of Defense Office of the Inspector General.

ACTION: Notice.

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

SUMMARY: This notice announces the appointment of the members of the 
Senior Executive Service (SES) Performance Review Board (PRB) for the 
Department of Defense Office of the Inspector General (DoD OIG), as 
required by 5 U.S.C. 4314(c)(4). The PRB provides fair and impartial 
review of SES performance appraisals and makes recommendations 
regarding performance ratings and performance awards to the Inspector 
General.

DATES: October 20, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Peterson, Director, Human 
Capital Management Directorate, Office

[[Page 61436]]

of the Chief of Staff, OIG DoD, 400 Army Navy Drive, Arlington, VA 
22202, (703) 602-4516.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314(c)(4), the 
following executives are appointed to the DoD OIG, PRB:

Charles W. Beardall, Director, Defense Criminal Investigative Service, 
Assistant Inspector General for Investigations, ODIG-INV.
Patricia A. Brannin, Assistant Inspector General for Audit Policy and 
Oversight, ODIG-I&P.
Paul J. Granetto, Assistant Inspector General for Defense Financial 
Auditing Service, ODIG-AUD.
L. Jerry Hansen, Deputy Inspector General for Inspections and Policy.
Melissa Heist, Assistant Inspector General for Audit, Environmental 
Protection Agency.
Donald M. Horstman, Director of Investigations of Senior Officials, 
ODIG-INV.
William B. Morrison, Assistant Inspector General for Inspections and 
Evaluations, ODIG-I&P.
Richard T. Race, Deputy Inspector General for Investigations.
Francis E. Reardon, Deputy Inspector General for Auditing.
George Rippey, Deputy Assistant Inspector General for Audit Services, 
Department of Education.
Linda Snider, Director for Audit Policy and Administration Sanford 
Parnes Counsel to the Inspector General, Department of Energy.
Mary L. Ugone, Assistant Inspector General for Acquisition and 
Technology Management, ODIG-AUD.
R. Keith West, Assistant Inspector General for Audit Follow-Up and 
Technical Support, ODIG-AUD.
Eugene L. Waszily, Assistant Inspector General for Auditing, General 
Services Administration.
Daniel F. Willkens, Deputy Director, Defense Criminal Investigative 
Service, ODIG-INV.
Shelton R. Young, Assistant Inspector General for Intelligence, ODIG-
INTEL.

    Dated: October 18, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-21183 Filed 10-21-05; 8:45 am]
BILLING CODE 5001-06-M
Exhibit 11.4


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


                                                Quarter Ended
                                                   March 31,          
                                              ------------------
                                                1997      1996
                                              -------    -------
Basis for computation of earnings per 
 common and common equivalent shares:
   Earnings from continuing operations        $ 49.6     $ 40.4 
   Deduct dividends on 4 Percent
    cumulative preferred stock                   (.1)       (.1)
                                              -------    ------- 
   Earnings from continuing operations
    available to common shareholders            49.5       40.3
   Discontinued operations                      (1.0)       8.0
                                              -------    -------

   Available for common shareholders          $ 48.5     $ 48.3 
                                              =======    =======




Number of shares:
  Weighted average shares outstanding     73,826,057  74,328,561
  Shares issuable upon exercise of
   stock options, net of shares assumed
   to be repurchased                       1,528,130   1,170,581
                                          ----------  ----------
                                          75,354,187  75,499,142
                                          ==========  ==========
                                           


Earnings per common share:   
  Continuing operations                       $ .66        $ .53
  Discontinued operations                      (.02)         .11
                                              ------       -----

  Net earnings                                $ .64        $ .64
                                              ======       =====
Order filed October 31, 2013 

In The

Fourteenth Court of Appeals

NO. 14-12-00514-CR

____________

ANDRE JAMAL SLOAN, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 248th District Court

Harris County, Texas

Trial Court Cause No. 1347009

ORDER

This court has determined, pursuant to Texas Rule of Appellate Procedure 34.5(f) and 

34.6(g)(2), that it must inspect the original of State's Exhibits #1, #1A, # 2 and #2A.

The clerk of the 248th District Court is directed to deliver to the Clerk of this court the 

original of State's Exhibits #1, #1A, # 2 and #2A, on or before November 8, 2013. The Clerk of 

this court is directed to receive, maintain, and keep safe this original exhibit; to deliver it to the 

justices of this court for their inspection; and, upon completion of inspection, to return the 

original of State's Exhibits #1, #1A, # 2 and #2A, to the clerk of the 248th District Court.

PER CURIAM
#### FAY v. BOARD OF ALCOHOLIC CONTROL

No. 58 PC.

Case below: 30 N.C. App. 492.

Petition by plaintiff for discretionary review under G.S. 7A-31 denied 4 November 1976.
<PAGE>
                                                       Exhibit 10.2





January 10, 1996


Ronald G. Evens, M.D.
The Edward Mallinckrodt Institute of Radiology
516 South Kingshighway
St. Louis, MO 63110

Dear Dr. Evens:

A letter of agreement dated December 22 1986, and renewal letters dated
November 29, 1989, February 19,1991, January 16, 1992, December 17, 1992,
January 7, 1994 and February 1, 1995, between you and Mallinckrodt Medical,
Inc., set forth the general terms and conditions under which you agree to
serve Mallinckrodt Medical, Inc., in a consulting capacity for the period
beginning January 1, 1987, and ending December 31, 1995.

Mallinckrodt Medical, Inc., desires to retain your consulting services
through the period beginning January 1, 1996, and ending December 31, 1996,
under the same terms and conditions as set forth in said letter agreement
dated December 22, 1986, and renewal letters dated November 29, 1989, and
February 19, 1991.

If the foregoing meets with your understanding and approval, please execute
this letter in duplicate at the place indicated below and return one of the
signed duplicates to us thereby indicating your agreement to continue to
serve Mallinckrodt Medical, Inc., as a consultant for the above-state period.

Very truly yours,                       ACCEPTED & AGREED TO:

MALLINCKRODT MEDICAL, INC.              RONALD G. EVENS, M.D.



By:    ROBERT G. MOUSSA                      ROBERT G. EVENS, M.D.
   --------------------------           ----------------------------
       Robert G. Moussa                      Robert G. Evens, M.D.

Title:    President                Date:       January 12, 1996
      -----------------------           ----------------------------
<PAGE>   1

                                                                      EXHIBIT 21


                          SUBSIDIARIES OF THE COMPANY
<TABLE>
<CAPTION>
                                                                             OTHER NAME, IF ANY,
                                     STATE OR OTHER JURISDICTION             THAT THE SUBSIDIARY
NAME                                     OF INCORPORATION                    DOES BUSINESS UNDER
<S>                                     <C>                                  <C>
Galt Alloys, Inc                           Ohio

NATI Gas Company                           Ohio

New Century Metals, Inc                    Ohio

RMI Metals, Inc.
  (DBA Micron Metals, Inc.)                Utah

RMI Titanium Company                       Ohio

RTI Energy Systems, Inc.                   Ohio

RMI International Metals Limited           United Kingdom

TRADCO, Inc.                               Missouri

Weld-Tech Engineering Services, L.P.       Texas
</TABLE>
December 15 , 2016



### JUDGMENT 

## The Fourteenth Court of Appeals

IN THE INTEREST OF J .L.G, T.R.W. AND K.M .M., CHILDREN
NO. 14

- 16

- 00819

- CV

________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below on August 17, 2016. Having considered the mot ion and found it meritorious, we order the appeal DISMISSED

. We further order this decision certified below for observance.
#### THOMAS GILBERT BOWERS, Appellant, v. WARDEN, NEVADA STATE PRISON, Respondent.

No. 7839

May 30, 1975

535 P.2d 787

*Horace Rodlin Goff,*State Public Defender, and *Michael R. Griffin,*State Deputy Public Defender, for Appellant.

*Michael Fondi,*District Attorney, and *Kenneth J. Jordan,*Deputy District Attorney, Carson City, for Respondent.

OPINION

*Per Curiam:*

By reason of pleas of nolo contendere the ¿ppellant stands convicted of grand larceny and of two counts of burglary and presently is serving concurrent sentences therefor at the *344Nevada State Prison. He seeks to annul those judgments and sentences since appropriate inquiry regarding his waiver of constitutional trial rights was not made when his pleas of nolo contendere were accepted. Although such inquiry was not made, it does appear from the record that his pleas were voluntarily and intelligently entered with knowledge of the consequences thereof, and that the canvass met the requirements recognized in Heffley v. Warden, 89 Nev. 573, 516 P.2d 1403 (1973); Armstrong v. Warden, 90 Nev. 8, 518 P.2d 147 (1974); Patton v. Warden, 91 Nev. 1, 530 P.2d 107 (1975). The district court properly denied the appellant’s petition for post-conviction relief.

Affirmed.
# C_2007267EN.01000301.xml

| 9.11.2007 | EN | Official Journal of the European Union | C 267/3 |
| --- | --- | --- | --- |

9.11.2007

EN

Official Journal of the European Union

C 267/3

---

Non-opposition to a notified concentration

(Case COMP/M.4789 — ELG Haniel/Metal One/JV)

(Text with EEA relevance)

(2007/C 267/05)

On 27 September 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 32007M4789. 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 32007M4789. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Saed Mohseni, Chief Executive Officer, in connection with the Report on
Form 10-Q of McCormick & Schmicks Seafood Restaurants, Inc. for the quarterly period ended July 1, 2006 (the Report), hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

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

2. The information contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of McCormick & Schmicks Seafood Restaurants, Inc.



|                       
|-----------------------
|                       
|/s/ SAED MOHSENI       
|Saed Mohseni           
|Chief Executive Officer

Dated: August 9, 2006
I 

111TH CONGRESS 

2D SESSION H. R. 4912 

To amend title 10, United States Code, to eliminate the required reduction 

in the amount of combat-related special compensation paid to disabled 

combat-related uniformed services retirees retired under chapter 61 of 

such title whose disability is attributable to an injury for which the 

members were awarded the Purple Heart. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2010 

Mrs. HALVORSON (for herself, Ms. JACKSON LEE of Texas, Mr. BRADY of 

Pennsylvania, and Ms. GIFFORDS) introduced the following bill; which 

was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to eliminate the 

required reduction in the amount of combat-related special compensation paid to disabled combat-related uniformed services retirees retired under chapter 61 of such 

title whose disability is attributable to an injury for 

which the members were awarded the Purple Heart. 

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


tjames on DSKG8SOYB1PROD with BILLS
2 

•HR 4912 IH

1 SECTION 1. EXCEPTION TO COMBAT-RELATED SPECIAL 

2 COMPENSATION SPECIAL RULE FOR DIS3 ABLED COMBAT-RELATED UNIFORMED SERV4 ICES RETIREES WHO ARE PURPLE HEART RE5 CIPIENTS. 

6 (a) EXCEPTION.—Section 1413a(b)(3) of title 10, 

7 United States Code, is amended by adding at the end the 

8 following new subparagraph: 

9 ‘‘(C) EXCEPTION FOR PURPLE HEART RE10 CIPIENTS.—The reductions otherwise required 

11 by this paragraph in the amount of the monthly 

12 payment under paragraph (1) for an eligible 

13 combat-related disabled uniformed services re14 tiree who is retired under chapter 61 of this 

15 title shall not apply if the combat-related dis16 ability of the member is attributable to an in17 jury for which the member was awarded the 

18 Purple Heart.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall apply with respect to payments under 

21 section 1413a of title 10, United States Code, made for 

22 months beginning on or after the date of the enactment 

23 of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS