alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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# Airman Accounted For From World War II (Ruble, C.)

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#### FRANK E. RHODES v. HOGG & ALLEN, Professional Association, Successor to GREENE, HOGG *&*ALLEN, Professional Association, and GLENN L. GREENE, JR.

No. 86

(Filed 26 November 1974)

ON appeal, pursuant to G.S. 7A-30(2), from the decision of the Court of Appeals, 22 N.C. App. 548, 207 S.E. 2d 267.

*McElwee, Hall and McElwee, by W. H. McElwee and T. V. Adams, for plaintiff-appellant.*

*Hudson, Petree, Stockton, Stockton, and Robinson, by Ralph M. Stockton, Jr., and James H. Kelly, Jr., for defendant-appellee, Hogg and Allen, P.A.*

BRANCH, Justice.

Other than the party plaintiff and the amount in controversy, the material facts in this case are the' same as in the *41case of *Zimmerman v. Hogg & Allen,*286 N.C. 24, 209 S.E. 2d 795, filed this day.

For the reasons stated in that case, the decision of the Court of Appeals is reversed, and this cause is remanded to that Court with direction that the cause be remanded to the Superior Court of Wilkes County for proceedings consistent with this opinion.

Reversed and remanded.

Chief Justice Bobbitt not sitting.
#### STATE OF NORTH CAROLINA v. CURTIS LEE DUNLAP.

(Filed 11 October, 1967.)

Appeal by defendant from *Froneberger, J.,*January-February 1967 Criminal Session of MecKLENbubg Superior Court.

The defendant was charged in a bill of indictment with the robbery of David Eller on 8 December 1966. The bill alleged that with the threatened use of a pistol, the defendant robbed Eller of $25.00 in money. The defendant entered a plea of not guilty.

. Since the defendant made no motion for judgment as of nonsuit and the evidence was amply sufficient to sustain the charge, it is only briefly summarized.

David Eller testified that he was a cab driver and that about 11:30 in the evening he delivered a passenger on Badger Court; that as he did so the defendant came to his cab and got in the front seat, “[t]hen he turned around and stuck a gun on me." Another person joined Dunlap, and the two ordered Eller to drive. When he stopped his cab at Horne Drive, Dunlap told Eller to give him his money, and Eller then handed him $25.00 in cash. The defendant and his companion then got out of the cab, and Eller immediately reported the incident to the police.

Later Eller saw the defendant in a line-up at the Charlotte Police Department and identified him as the person who robbed him. The State offered in evidence a photograph of the line-up which was admitted for the purpose of illustrating the witness’ testimony and over the objection of the defendant.

The defendant offered no evidence.

The jury returned a verdict of guilty, and from a sentence of imprisonment, the defendant appealed.

*Charles V. Bell, Attorney for defendant appellant.*

*T. W. Bruton, Attorney General; 'Harrison Lewis, Deputy Attorney General; Eugene A. Smith, Trial Attorney, for the State.*

*509Pless, J.

The defendant’s only exception is to the admission of the defendant’s photograph during a line-up, alleging this to be a violation of his constitutional right against self-incrimination.

The same question of law is presented and determined in the case of *State v. McKissick, ante,*500, and it would serve no useful purpose to repeat the rulings therein made.

Upon the authority of that case, the defendant’s exception is overruled.

No error.
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.                  

###### International Trade Commission

          - [USITC SE-05-041] 

# Agency Holding the Meeting:

International Trade Commission. 

# Time and Date:

November 30, 2005 at 11 a.m. 

# Place:

Room 101, 500 E Street, SW., Washington, DC 20436, Telephone: (202) 205-2000. 

# Status:

Open to the public. 

# Matters to be Considered:

1. Agenda for future meetings: None. 

2. Minutes. 

3. Ratification List. 

4. Inv. Nos. 731-TA-385 and 386 (Second Review) (Granular Polytetrafluoroethylene (PTFE) Resin from Italy and Japan)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before December 13, 2005.) 

5. Outstanding action jackets: None. 

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. 

By order of the Commission.

Issued: November 14, 2005. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 05-22899 Filed 11-15-05; 4:05 pm] 

BILLING CODE 7020-02-P
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7353

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DEMOND ANDRE JACKSON, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (CR-99-15-3; CA-01-31-3) Submitted: January 29, 2004 Decided: February 5, 2004 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Jeffrey M. Brandt, Cincinnati, Ohio, for Appellant. Michael Lee Keller, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Demond Jackson seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2000) motion. Jackson cannot appeal this order unless a circuit judge or justice issues a certificate of appealability, and a certificate of appealability will not issue absent a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A habeas appellant meets this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. See Miller-El v. Cockrell , 537 U.S. 322, 326 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude Jackson has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument bec ause the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
<PAGE>


                                                                    Exhibit 99.2

                            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 Annual Report of Intermagnetics General Corporation (the
"Company") on Form 10-K for the year ending May 25, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
K. Burke, Chief Financial 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) The information contained in the Report fairly presents, in all
material respects, the financial condition and result of operations of the
Company.





Michael K. Burke
-----------------------
Michael K. Burke
Chief Financial Officer
August 25, 2003
Exhibit 4(d)


                             FIRST AMENDMENT
                                 to the
                    COMMERCIAL PAPER DEALER AGREEMENT
                      Dated as of November 9, 1994
                                 between
                          IES DIVERSIFIED INC.
                                   and
                        CITICORP SECURITIES, INC.
                                    
                                    
                                    
     This FIRST AMENDMENT is made and entered into as of the 24th day of
March,  1997,  between  IES DIVERSIFIED INC., an Iowa  corporation  (the
"Company"), and CITICORP SECURITIES, INC. ("CSI") in connection with the
Commercial Paper Dealer Agreement, dated as of November 9, 1994, between
the  Company and CSI (the "Dealer Agreement").  Capitalized  terms  used
herein  but not defined shall have the meanings ascribed thereto in  the
Dealer Agreement.

      1.   Section 1 of the Dealer Agreement is hereby amended effective
as  of  the date hereof to change the Maximum Amount referred to therein
to   mean  $300,000,000  or  such  lesser  amount  (but  not  less  than
$150,000,000) for which the Company has all required authorizations  and
consents to issue Notes.  Furthermore, the Company shall notify CSI  and
the   Issuing  and  Paying  Agent  of  each  authorization  and  consent
increasing the maximum amount above $150,000,000.

      2.    Except as amended above, the Dealer Agreement shall continue
in  full  force and effect in accordance with its terms and the  Company
hereby  confirms,  as  of  the  date  hereof,  the  representations  and
warranties contained therein.

      3.   This Amendment may be executed in any number of counterparts,
each  part of which shall be deemed to be an original and all  of  which
taken together shall constitute one and the same instrument.

      4.    This  Amendment  shall  be governed  by,  and  construed  in
accordance with, the law of the State of New York.

     IN WITNESS WHEREOF, the Company and CSI have caused their duly
authorized representatives to execute this First Amendment as of the
date first above written.


                              IES DIVERSIFIED INC.



                              By:
                              Name:
                              Title:


                              CITICORP SECURITIES, INC.



                              By:
                              Name:
                              Title:
Termination of Subordinated Note



 Exhibit 10.4 
 EXECUTION COPY 
 TERMINATION OF SUBORDINATED NOTE 
 July 15, 2009 
 Reference is made to
that certain Subordinated Note dated as of October 24, 2003 (as amended, restated, supplemented or otherwise modified prior to the date hereof, the “Note”) by and between JWPR Corporation, as the issuer
(“Issuer”) and JohnsonDiversey UK Limited, as the holder (“Holder”). Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Note. 
 For good and valuable consideration (including the transfer of the “Specified Assets” as defined in and pursuant to that certain Deed of
Assignment dated as of the date hereof by and between Issuer and Holder), the receipt of which is hereby acknowledged, the parties hereto agree that the Note is hereby terminated and no longer in full force or effect. 
 THIS AGREEMENT AND ANY NON-CONTRACTUAL OBLIGATIONS ARISING OUT OF IT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF
ILLINOIS. 
 This agreement may be executed in any number of counterparts and all such taken together will be deemed to constitute one
and the same instrument. 
 [Signature Page Follows] 







 IN WITNESS WHEREOF, Issuer and Holder have caused this agreement to be duly executed and delivered as of
the date first above written. 
  

			
	JWPR CORPORATION, as Issuer
		
	By:	 	/s/ Tony A Sebranek
		 	 Name: Tony A Sebranek
 Title: Vice
President



  

			
	JOHNSONDIVERSEY UK LIMITED, as Holder
		
	By:	 	/s/ David C. Quast
		 	 Name: David C Quast
 Title:
Director



  
 Signature Page to

 Termination of Subordinated Note 
 JD-UK
Case 1:07-cv-03294-JFK Document 31 Filed 08/12/2008 Page 1 of 4Case 1:07-cv-03294-JFK Document 31 Filed 08/12/2008 Page 2 of 4Case 1:07-cv-03294-JFK Document 31 Filed 08/12/2008 Page 3 of 4Case 1:07-cv-03294-JFK Document 31 Filed 08/12/2008 Page 4 of 4
Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 1 of 20

Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 2 of 20

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Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 12 of 20

Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 13 of 20

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Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 15 of 20

Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 16 of 20

Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 17 of 20

Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 18 of 20

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Case 7:04-cv-08928-KMK-LMS     Document 17-6      Filed 02/01/2005     Page 20 of 20
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 14-1268

___________________________ Rhonda Harris lllllllllllllllllllll Plaintiff - Appellant
v. Carolyn W. Colvin, Commissioner of Social Security lllllllllllllllllllll Defendant - Appellee

____________ Appeal from United States District Court for the Western District of Missouri - Kansas City

____________ Submitted: September 19, 2014 Filed: October 6, 2014 [Unpublished]

____________ Before COLLOTON, BOWMAN, and SHEPHERD, Circuit Judges.

____________ PER CURIAM. Rhonda Harris appeals from the or der of the District Court 1 granting summary judgment to the defendant in Harris’s TitleVII action against her former employer,

1 The Honorable Scott O. Wright, United St ates District Judge for the Western District of Missouri.the Social Security Administration (SSA). After careful review, we conclude that Harris’s placement on a Performance Assistance Plan in August 2009 was not an adverse employment action within the meaning of Title VII so as to support her claim of racial discrimination. SeeClegg v. Ark. Dep’t of Corr. , 496 F.3d 922, 926 (8th Cir. 2007) (“An adverse employment action is a tangible change in working conditions that produces a material employment disadvantage.” (citations to quoted cases omitted)). In any case, SSA presented a legitimate, nondiscriminatory reason for its action, and Harris did not present su fficient evidence of pretext. See Gibson v. Am. Greetings Corp. , 670 F.3d 844, 854 (8th Cir.) (explaining that pretext must be demonstrated with evidence that raises a genuine doubt about the legitimacy of an employer’s motive), cert. denied , 133 S. Ct. 313 (2012). Regarding Harris’s retaliation claim, we conclude that she failed to pr esent sufficient eviden ce that she engaged in protected conduct. See Guimaraes v. SuperValu, Inc. , 674 F.3d 962, 978 (8th Cir. 2012) (stating that a plaintiff must demons trate, inter alia, that “she engaged in protected conduct” in order to prove a prima facie case of retaliati on). Finally, to the extent Harris asserted a hostile -work-environment claim, weconclude that she failed to present any evidence that the alleged harassment was racially motivated. See Malone v. Ameren UE , 646 F.3d 512, 517 (8th Cir. 2011) (stating that an employee must demonstrate, inter alia, “unwelcome race-based harassment” in order to prove a hostile-work-environment claim). We affirm, and we deny SSA’s pending motion.

______________________________

-2-
See Exhibit 5 of Affirmation of 

Jerry V. Leaphart 

Case 1:07-cv-03314-GBD Document 59-22 Filed 02/29/2008 Page 1 of 1
**Exhibit 23**

 

**Consent of Independent Registered PublicAccounting Firm**

 

We consent to the incorporation by referencein the previously filed Registration Statements (File Nos. 333-121942,333-136739, and 333-138735) on Form S-3 and (File Nos. 333-146459, 333-126834,333-75728, 333-05735, 333-44907 and 333-30396) on Form S-8 of Iteris, Inc.of our report dated June 11, 2008 relating to our audit of theconsolidated financial statements and financial statement schedule, whichappear in this Annual Report on Form 10-K of Iteris, Inc. for theyear ended March 31, 2008.

 
| /s/ McGladrey & Pullen, LLP |   |
|--------------------------------------|--------|
| Irvine, California                   |
| June 11, 2008                   |

 

----
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# USS Oklahoma Sailor Accounted For From World War II (Clement, H.)

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