alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### RGK, INC. v. GUARANTY CO.

No. 36 PC.

Case below: 31 N.C. App. 708.

Petition by defendant for discretionary review under G.S. 7A-31 allowed 7 March 1977.
#### E. JACKSON PARRISH v. PIEDMONT PUBLISHING COMPANY.

(Filed 1 November, 1967.)

Appeal and Error § 46—

Where the Supreme Court is evenly divided in opinion, one Justice not sitting, the judgment of the lower court will be affirmed without becoming a precedent.

Appeal by plaintiff from *Oambill, J.,*2 January 1967 Session of Forsyth.

Civil action against the defendant for libel.

From a judgment sustaining a demurrer *ore tenus*filed to the complaint, plaintiff appeals.

*Harold B. Wilson for plaintiff appellant.*

*Wornble, Carlyle, Sandridge & Rice by W. P. Sandridge, Irving E. Carlyle and Linwood L. Davis for defendant appellee.*

Per Curiam.

The Court being evenly divided in opinion, three members of the Court being of opinion that the demurrer should be sustained and three members of the Court being of opinion that the demurrer should be overruled, Justice I. Beverly Lake taking no part in the consideration or decision of the case, the judgment of the lower court is affirmed after the manner of the usual practice of ap*712pellate courts in such cases and stands as the decision in this case without becoming a precedent. *James v. Rogers,*231 N.C. 668, 58 S.E. 2d 640; *MacClure v. Accident and Casualty Ins. Co.,*230 N.C. 661, 55 S.E. 2d 192; *Whitehurst v. Anderson,*228 N.C. 787, 44 S.E. 2d 358; *Bullard v. Hotel Holding Co.,*225 N.C. 766, 33 S.E. 2d 480; *Howard v. Queen*City *Coach Co.,*216 N.C. 799, 4 S.E. 2d 616; *S. v. Swan,*209 N.C. 836, 183 S.E. 285; *Nebel v. Nebel,*201 N.C. 840, 161 S.E. 223; *Tarboro v. Johnson,*196 N.C. 824, 146 S.E. 803, and numerous cases to the same effect cited in 5 N. C. Digest, Courts, key No. 90(2), and the 1967 Cumulative Annual Pocket Part under the same topic and key number; 21 C.J.S. Courts § 189(c).

Affirmed.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JULIO ENRIQUE MEDINA-HERRERA,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 13-72991

Agency No. A072-991-704

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 22, 2015** 

Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges. 

Julio Enrique Medina-Herrera, a native and citizen of Guatemala, petitions

for review of the Board of Immigration Appeals’ (“BIA”) order denying his

motion to reconsider and to reopen proceedings conducted in absentia. Our

jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the

FILED

JUN 29 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
denial of a motion to reconsider and reopen, and review de novo questions of law. 

Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005). We deny in part

and dismiss in part the petition for review. 

The BIA did not abuse its discretion in denying Medina-Herrera’s motion to

reconsider, where the motion failed to allege any error of law or fact in the BIA’s

prior order denying his earlier motion to reopen, see 8 C.F.R. § 1003.2(b)(1) (“A

motion to reconsider shall state the reasons for the motion by specifying the errors

of fact or law in the prior [BIA] decision and shall be supported by pertinent

authority.”), and was based solely on new legal arguments that could have been

raised in his previous motion, see Mohammed, 400 F.3d at 792 n. 8 (“a motion to

reconsider does not present new law or facts, but rather challenges determinations

of law and fact made by the BIA”). 

Contrary to Medina-Herrera’s contention, the BIA did not err in concluding

that the immigration judge properly assumed jurisdiction over Medina-Herrera’s in

absentia deportation proceedings. See 8 C.F.R. § 3.14(a) (1994) (“Jurisdiction

vests, and proceedings before an Immigration Judge commence, when a charging

document is filed with the Office of the Immigration Judge by the Service.”).

Medina-Herrera failed to exhaust his contentions that he did not receive

proper notice of his hearing and that his in absentia deportation order was defective

2 13-72991
because it referred to a hearing on the merits rather than a master calendar hearing. 

See Tijani v. Holder, 628 F.3d 1071, 1080 (9th Cir. 2010) (the court lacks

jurisdiction to consider legal claims not presented in an alien’s administrative

proceedings before the agency).

In his opening brief, Medina-Herrera fails to raise, and therefore has waived,

any challenge to the BIA’s denial of his motion to reopen to apply for new relief as

untimely. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (a

petitioner waives a contention by failing to raise it in the opening brief).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

3 13-72991
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1856 Introduced in Senate (IS)]

<DOC>

116th CONGRESS
  1st Session
                                S. 1856

To amend the National Wildlife Refuge System Administration Act of 1966 
to prohibit the use of neonicotinoids in National Wildlife Refuges, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2019

 Mr. Heinrich introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To amend the National Wildlife Refuge System Administration Act of 1966 
to prohibit the use of neonicotinoids in National Wildlife Refuges, and 
                          for other purposes.

    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 ``Protect Our Refuges Act of 2019''.

SEC. 2. PROHIBITION OF THE USE OF NEONICOTINOIDS IN NATIONAL WILDLIFE 
              REFUGES.

    (a) In General.--The National Wildlife Refuge System Administration 
Act of 1966 is amended--
            (1) by redesignating section 5 (16 U.S.C. 668ee) as section 
        2, and moving that section so as to appear in numerical order; 
        and
            (2) by inserting after section 4 (16 U.S.C. 668dd) the 
        following:

``SEC. 5. PROHIBITION OF THE USE OF NEONICOTINOIDS.

    ``No person may use a neonicotinoid in the System.''.
    (b) Technical Amendment.--The National Wildlife Refuge System 
Administration Act of 1966 is amended by inserting before section 2 (as 
redesignated by subsection (a)(1)) the following:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `National Wildlife Refuge System 
Administration Act of 1966'.''.
                                 <all>
```
#### CAVENDISH v. CAVENDISH

No. 166 P.C.

Case below: 38 N.C. App. 577.

Petition by defendant for discretionary review under G.S. 7A-31 denied 5 February 1979.
# Soldier Accounted for from WWII (Cole, H.)

/ Published Dec. 12, 2023
WASHINGTON, 
The Defense POW/MIA Accounting Agency (DPAA) announced today that U.S. Army Pfc. Hood E. Cole, 26, of Atlanta, Georgia, killed during World War II, was accounted for Feb. 22, 2023.

In January 1945, Cole was assigned to L Company, 3rd Battalion, 276th Infantry Regiment, 70th Infantry Division. On Jan. 14, Cole was killed in action when his unit was attacked by German forces near Baerenthal, France. At some point during the fighting, Cole was killed, but historical records do not indicate exactly where. Due to the fighting, his body was unable to be immediately recovered.

Beginning in 1947, the American Graves Registration Command (AGRC), the organization that searched for and recovered fallen American personnel in the European Theater, searched the area around Baerenthal. None of the investigations uncovered any leads regarding the disposition of Cole’s remains. He was declared non-recoverable on May 11, 1951.

DPAA historians have been conducting on-going research into Soldiers missing from combat around Baerenthal and found that X-9441 and X-9442 Frankfurt Mausoleum, buried in Ardennes American Cemetery, an American Battle Monuments Commission site in in Neupré, Belgium, could be associated with Cole. X-9441 and X-9442 were disinterred in April 2018 and transferred to the DPAA Laboratory at Offutt Air Force Base, Nebraska, for analysis.

To identify Cole’s remains, scientists from DPAA used anthropological and dental analysis. Additionally, scientists from the Armed Forces Medical Examiner System used mitochondrial DNA (mtDNA) and Y chromosome DNA (Y-STR) analysis.

Cole’s name is recorded on the Walls of the Missing at Epinal American Cemetery in Dinozé, France, along with others still missing from WWII. A rosette will be placed next to his name to indicate he has been accounted for.

Cole will be buried on January 15, 2024, in Canton, Georgia.

For family and funeral information, contact the Army Casualty Office at (800) 892-2490.

For additional information on the Defense Department’s mission to account for Americans who went missing while serving our country, visit the DPAA website at www.dpaa.mil or find us on social media at www.facebook.com/dodpaa or https://www.linkedin.com/company/defense-pow-mia-accounting-agency.

Cole’s personnel profile can be viewed at https://dpaa-mil.sites.crmforce.mil/dpaaProfile?id=a0Jt0000000LkfdEAC.
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<TABLE> <S> <C>


<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-28-2000
<PERIOD-END>                               JAN-29-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                    2,298
<ALLOWANCES>                                       151
<INVENTORY>                                      5,584
<CURRENT-ASSETS>                                 7,883
<PP&E>                                           2,324
<DEPRECIATION>                                   1,127
<TOTAL-ASSETS>                                   9,122
<CURRENT-LIABILITIES>                            2,715
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           172
<OTHER-SE>                                       2,630
<TOTAL-LIABILITY-AND-EQUITY>                     9,122
<SALES>                                          9,241
<TOTAL-REVENUES>                                 9,241
<CGS>                                            8,342
<TOTAL-COSTS>                                      966
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 106
<INCOME-PRETAX>                                  (173)
<INCOME-TAX>                                      (20)
<INCOME-CONTINUING>                              (153)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (153)
<EPS-BASIC>                                      (.04)
<EPS-DILUTED>                                    (.04)



</TABLE>
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<PAGE>
                                                                      EXHIBIT 12

STATEMENT REGARDING THE COMPUTATION OF THE RATIOS OF EARNINGS TO FIXED CHARGES

    Provided below are the (i) ratios of earnings to fixed charges for the years
ended December 31, 1995, 1996, 1997, and 1998, and (ii) the pro forma ratio of
earnings to fixed charges for the year ended December 31, 1999.

<TABLE>
<CAPTION>
                                                         DECEMBER 31,
                                           -----------------------------------------
                                             1995       1996       1997       1998
                                           --------   --------   --------   --------
                                             (DOLLARS IN THOUSANDS EXCEPT RATIOS)
<S>                                        <C>        <C>        <C>        <C>
Income (loss) before taxes...............   $2,141     $2,763    $(12,634)  $ 3,256

Fixed charges:
  Interest expense.......................    3,957      4,849       8,248    10,497
  1/3 of rental expenses.................      821        994       1,500     1,761

Total fixed charges......................    4,778      5,843       9,748    12,258

  Ratio of earnings to fixed charges.....     1.45x      1.47x         (a)     1.27x
</TABLE>

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

(a) Earnings were insufficient to cover fixed charges for the year ended
    December 31, 1997 by $12.6 million.

<TABLE>
<CAPTION>
                                            YEAR ENDED DECEMBER 31, 1999
                          -----------------------------------------------------------------
                              PERIOD FROM
                            JANUARY 1, 1999        PERIOD FROM
                                THROUGH          JULY 2, THROUGH
                              JULY 1, 1999         DECEMBER 31,
                          --------------------         1999
                                       SUIZA     ----------------    PRO FORMA
                            REID     PACKAGING         CCC          ADJUSTMENTS   PRO FORMA
                          --------   ---------   ----------------   -----------   ---------
                                        (DOLLARS IN THOUSANDS EXCEPT RATIOS)
<S>                       <C>        <C>         <C>                <C>           <C>
Income (loss) before       $5,005     $16,190         $   724          $3,836      $25,755
  taxes.................

Fixed charges:
  Interest expense......    4,484      18,632          26,965           2,178       52,259
  1/3 of rental
    expenses............    1,087       2,616           4,961              --        8,664

Total fixed charges.....    5,571      21,248          31,926           2,178       60,923

  Ratio of earnings to
    fixed charges.......     1.90x       1.76x           1.02x             --         1.42x
</TABLE>
#### SAMONS v. MEYMANDI

No. 48 PC.

Case below: 9 N.C. App. 490.

Petition for writ of *certiorari*to North Carolina Court of Appeals denied 5 January 1971.
ACCEPTED

12-14-00104-cr

TWELFTH COURT OF APPEALS

TYLER, TEXAS

10/5/2015 11:55:05 AM

Pam Estes

CLERK

 FILED IN 12th COURT OF APPEALS TYLER, TEXAS 10/5/2015 11:55:05 AM PAM ESTES Clerk
Case 1:07-cv-03446-AKH Document 35-2 Filed 12/07/2007 Page 1 of 2
Case 1:07-cv-03446-AKH Document 35-2 Filed 12/07/2007 Page 2 of 2
exhibit10_1.htm






FIRST AMENDMENT TO 

INDEMNIFICATION AGREEMENT

 





This First Amendment to Indemnification Agreement (the “Amendment”) is made as of the date set forth below, by and between Southern Union Company (the “Company”) and Eric D. Herschmann (the “Indemnitee”).

 

RECITALS

 

WHEREAS, the Company and Indemnitee entered into that certain Indemnification Agreement (the “Agreement”) dated February 25, 2009; and

 

WHEREAS, the Company and Indemnitee wish to amend the Agreement.

 

NOW, THEREFORE, in consideration of the premises and the covenants contained herein, the Company and Indemnitee do hereby covenant and agree as follows:

 

1.   Section 1 of the Agreement is hereby amended and replaced in its entirety as follows:

 

“Section 1.         Services to the Company.  Indemnitee agrees to serve the Company as a member of the Board of Directors of the Company (the “Board”) and in the office listed below his or her name
on the signature page hereof (the “Office”).  Indemnitee may at any time and for any reason resign from the Board or such Office (subject to any other contractual obligation or any obligation imposed by operation of law), in which event the Company shall have no obligation under this Agreement to continue Indemnitee as a member of the Board or in such Office.  This Agreement shall not be deemed an employment contract between Indemnitee and the Company (or any other entity of which
Indemnitee is or was serving in any capacity at the request of the Company).  The foregoing notwithstanding, this Agreement shall continue in force after Indemnitee has ceased to serve as a member of the Board or in the Office.”

 

2.           All defined terms in this Amendment, to the extent not defined herein, shall have the same meaning as set forth in the Agreement.

 

3.           Except as modified by this Amendment, the Agreement shall remain in full force and effect as originally written.  All references to the Agreement shall mean and refer to the Agreement as amended by this Amendment.

 





  



  







  





IN WITNESS WHEREOF, the parties have caused this Amendment to be signed as of the day and year set forth below.

 

SOUTHERN UNION COMPANY





 

By:   /s/ Robert M. Kerrigan, III-------------------------

Robert M. Kerrigan, III


	
  
	
Vice President- Assistant General Counsel & Secretary












INDEMNITEE









By:   /s/ Eric D. Herschmann-----------------------------

Eric D. Herschmann


	
  
	
Vice Chairman, President & Chief Operating Officer












 

DATE: August 31, 2009