alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6197

JAIME TRAVERSO, SR., Petitioner - Appellant, versus WILLIAM W. SONDERVAN; ATTORNEY GENERAL FOR THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-99- 2480-MJG) Submitted: November 22, 2000 Decided: January 5, 2001 Before LUTTIG, TRAXLER, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Jaime Traverso, Sr., Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Ann Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Jaime Traverso, Sr., seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254(West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and affirm the appeal on the reasoning of the district court. Traverso v. Sondervan , No. CA-99- 2480-MJG (D. Md. Jan. 13, 2000); see Artuz v. Bennett , 121 S. Ct. 361, 364 (2000). 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
[ARTICLE] 5
[LEGEND]
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
ISSUER'S INTERIM FINANCIAL STATEMENTS DATED MARCH 31, 1997, SET FORTH IN THE
ACCOMPANYING FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
[/LEGEND]
[MULTIPLIER] 1,000
[CURRENCY] U.S. DOLLARS
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   3 MONTHS
[FISCAL-YEAR-END]                          DEC-31-1997
[PERIOD-START]                             JAN-01-1997
[PERIOD-END]                               MAR-31-1997
[EXCHANGE-RATE]                                    1.0
[CASH]                                             278
[SECURITIES]                                         0
[RECEIVABLES]                                    6,864
[ALLOWANCES]                                       359
[INVENTORY]                                      3,852
[CURRENT-ASSETS]                                11,203
[PP&E]                                          31,916
[DEPRECIATION]                                  17,661
[TOTAL-ASSETS]                                  31,410
[CURRENT-LIABILITIES]                            7,019
[BONDS]                                          7,404
[COMMON]                                           817
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[OTHER-SE]                                      16,987
[TOTAL-LIABILITY-AND-EQUITY]                    31,410
[SALES]                                         11,724
[TOTAL-REVENUES]                                11,724
[CGS]                                            9,167
[TOTAL-COSTS]                                   11,085
[OTHER-EXPENSES]                                     0
[LOSS-PROVISION]                                     0
[INTEREST-EXPENSE]                                 203
[INCOME-PRETAX]                                    436
[INCOME-TAX]                                       184
[INCOME-CONTINUING]                                252
[DISCONTINUED]                                       0
[EXTRAORDINARY]                                      0
[CHANGES]                                            0
[NET-INCOME]                                       252
[EPS-PRIMARY]                                      .04
[EPS-DILUTED]                                      .04
</TABLE>
#### WALLPAPER CO. v. PEACOCK & ASSOC.

No. 123 PC.

Case below: 38 N.C. App. 144.

Petition by defendants for discretionary review under G.S. 7A-31 denied 4 January 1979.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7351
WAYNE V. WILLIAMS, Plaintiff - Appellant, versus PATRICK CONROY, Warden, Defendant - Appellee.

No. 99-7352
WAYNE V. WILLIAMS, Plaintiff - Appellant, versus PATRICK CONROY, Warden, Defendant - Appellee. Appeals from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (CA-99-1130-AW, CA-99-535-AW) Submitted: January 20, 2000 Decided: February 9, 20002 Before WILLIAMS, MICHAEL, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Wayne V. Williams, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Stephanie Judith Lane-Weber, Assistant Attorney General, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s order is marked as “filed” on August 27, 1999, the district court’s records show that it was entered on the docket sheet on September 2, 1999. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 3 PER CURIAM: Wayne V. Williams appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaints. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Williams v. Conroy , Nos. CA-99-1130-AW; CA-99-535-AW (D. Md. Sept. 2, 1999). * Williams’s motions to amend the record, to provide a copy of the record, to appoint counsel, to authorize transcripts at government expense, to provide a copy of the Clerk’s civil docket, to seek discovery, and to amend his informal brief are denied. We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
*Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 19, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-41281

Summary Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee,

versus

JAIME GARCIA-SANCHEZ, 

true name Gumaro Hernandez-Mar

Defendant-Appellant.

Appeal from the United States District Court

For the Southern District of Texas

(5:04-CR-767)

Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Jaime Garcia-Sanchez appeals his 30-month sentence for being

an alien who was unlawfully found in the United States after

deportation, in violation of 8 U.S.C. § 1326(a) and (b). Garcia

challenges that constitutionality of § 1326(b)’s treatment of prior

felony and aggravated felony convictions as sentencing factors

rather than elements of the offense that must be alleged in the

indictment and found by a jury, in light of Apprendi v. New Jersey,

530 U.S. 466 (2000). Garcia’s constitutional challenge is

foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235
2

(1998). Although Garcia contends that Almendarez-Torres was

incorrectly decided and that a majority of the Supreme Court would

overrule it in light of Apprendi, we have repeatedly rejected such

arguments on the basis that Almendarez-Torres remains binding. See

United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir.), cert.

denied, 126 S. Ct. 298 (2000). Garcia properly concedes that his

argument is foreclosed, but he raises it here to preserve for

further review. Accordingly, Garcia’s conviction is affirmed.

Garcia also contends that his sentence must be vacated and his

case remanded for resentencing because the district court erred by

sentencing him under a mandatory Sentencing Guidelines regime, in

light of United States v. Booker, 543 U.S. 220 (2005). Garcia

preserved this contention at the district court; thus, the

government must prove beyond a reasonable doubt that the district

court would have imposed the same sentence had the Guidelines been

advisory. See United States v. Walters, 418 F.3d 461, 463-64 (5th

Cir. 2005). Here, the sentencing transcript is silent with regard

to whether the district court would have imposed the same sentence

had the Guidelines been advisory. As such, the government cannot

show that the error was harmless beyond a reasonable doubt.

Accordingly, we REMAND to the district court to allow the

district court to resentence Garcia-Sanchez if, in its discretion

under the now-advisory Guidelines, it chooses to do so.
3

CONVICTION AFFIRMED; REMANDED FOR RESENTENCING.
#### STATE v. HOWARD

No. 80 P 82.

Case below: 56 N.C. App. — (8120SC842).

Petition by defendants for discretionary review under G.S. 7A-31 denied 3 March 1982.
<PAGE>
                                                                    EXHIBIT 99.1





                Certification pursuant to 18 U.S.C. Section 1350,
                             as adopted pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002




In connection with the Annual Report of Worldwide Flight Services, Inc. (the
"Company") on Form 10-K for the year ending December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Jean-Francois Gouedard, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 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 the Company.


By: /s/ JEAN-FRANCOIS GOUEDARD
-------------------------------------
Jean-Francois Gouedard
President and Chief Executive Officer
(duly authorized signatory)
<TABLE> <S> <C>

<ARTICLE> 7
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               MAR-01-1997
<DEBT-HELD-FOR-SALE>                       149,469,197
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                   2,508,872
<MORTGAGE>                                  13,223,646
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                             173,394,076
<CASH>                                       2,591,337
<RECOVER-REINSURE>                             143,542
<DEFERRED-ACQUISITION>                      28,607,625
<TOTAL-ASSETS>                             227,563,042
<POLICY-LOSSES>                            175,520,594
<UNEARNED-PREMIUMS>                          9,903,302
<POLICY-OTHER>                               1,627,946
<POLICY-HOLDER-FUNDS>                        1,980,686
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       824,986
<OTHER-SE>                                  21,943,544
<TOTAL-LIABILITY-AND-EQUITY>               227,563,042
<PREMIUMS>                                   8,473,128
<INVESTMENT-INCOME>                          3,171,490
<INVESTMENT-GAINS>                              21,393
<OTHER-INCOME>                                 134,277
<BENEFITS>                                   4,878,028
<UNDERWRITING-AMORTIZATION>                  (212,534)
<UNDERWRITING-OTHER>                         6,599,464
<INCOME-PRETAX>                                535,330
<INCOME-TAX>                                   109,598
<INCOME-CONTINUING>                            425,732
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                112,071
<CHANGES>                                            0
<NET-INCOME>                                   313,661
<EPS-PRIMARY>                                      .38
<EPS-DILUTED>                                        0
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>
Case 1:07-cv-03471-PAC     Document 7      Filed 09/18/2008     Page 1 of 2

Case 1:07-cv-03471-PAC     Document 7      Filed 09/18/2008     Page 2 of 2
[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Notices]
[Page 71504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23453]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK OF THE UNITED STATES


Notice of Open Special Meeting of the Advisory Committee of the 
Export-Import Bank of the United States (Ex-Im Bank)

Summary:
    The Advisory Committee was established by Public Law 98-181, 
November 30, 1983, to advise the Export-Import Bank on its programs and 
to provide comments for inclusion in the reports of the Export-Import 
Bank of the United States to Congress.

Time and Place:
    Tuesday, December 13, 2005, from 9:30 a.m. to 12 p.m. The meeting 
will be held at Ex-Im Bank in the Main Conference Room 1143, 811 
Vermont Avenue, NW., Washington, DC 20571.

Agenda: Agenda items include a briefing of the Advisory Committee 
members on challenges for 2006, their roles and responsibilities and an 
ethics briefing.

Public Participation: The meeting will be open to public participation, 
and the last 10 minutes will be set aside for oral questions or 
comments. Members of the public may also file written statement(s) 
before or after the meeting. If you plan to attend, a photo ID must be 
presented, and you may contact Teri Stumpf to be placed on an attendee 
list. If any person wishes auxiliary aids (such as a sign language 
interpreter) or other special accommodations, please contact, prior to 
December 2, 2005, Teri Stumpf, Room 1203, 811 Vermont Avenue, NW., 
Washington, DC 20571, Voice: (202) 565-3502 or TDD (202) 565-3377.

Further Information:
    For further information, contact Teri Stumpf, Room 1203, 811 
Vermont Ave., NW., Washington, DC 20571, (202) 565-3502.

Michael J. Discenza,
Chief Financial Officer.
[FR Doc. 05-23453 Filed 11-28-05; 8:45 am]
BILLING CODE 6690-01-M
Amendment of Zep Inc. Employee Stock Purchase Plan



 Exhibit 10.2 
 AMENDMENT 
 OF 
 ZEP INC. 
 EMPLOYEE STOCK PURCHASE PLAN 
 This Amendment of the Zep Inc. Employee Stock Purchase Plan (“Amendment”) is made effective as of June 24, 2009. 
 WHEREAS, Zep Inc. (the “Company”) established the Zep Inc. Employee Stock Purchase Plan (the “Plan”) effective as of October 31,
2007 for the purpose of providing eligible employees of the Company and its Subsidiaries, who wish to become stockholders of the Company an opportunity to purchase Common Stock of the Company, pursuant to the provisions of section 423 of the
Internal Revenue code of 1986, as amended (the “Code”); and 
 WHEREAS, under the terms of the Plan, as currently in effect,
officers of the Company who are subject to the reporting requirements of section 16 of the Securities Exchange Act of 1934, as amended (“Section 16 Reporting Officers”), are expressly excluded from participating in the Plan; and

 WHEREAS, pursuant to the provisions of section 6.6 of the Plan, the Company, through action of its Board of Directors, is authorized to
amend the Plan, subject to certain limitations provided in such Plan section; and 
 WHEREAS, the Company now desires to amend the Plan, as
set forth herein, to permit Section 16 Reporting Officers to participate in the Plan. 
 NOW, THEREFORE, the Plan is hereby amended as
follows: 
 1. Eligible Employees. Section 2.8 of the Plan is hereby amended by deleting subsection (c) from such
section such that, effective as of the next Offering Date following the effective date of this Amendment, Employees who otherwise meet the eligibility criteria for the Plan and who are Section 16 Reporting Officers shall be eligible to
participate in the Plan. 
 2. Elimination of Certain Provisions Relating to Involuntary Discontinuation of Participation.
Section 3.3 of the Plan is hereby amended by deleting the last two sentences of such section, which previously dealt with the involuntary discontinuation of participation in the Plan by a Participant who became a Section 16 Reporting
Officer. 
 3. Defined Terms. Unless otherwise defined herein, the capitalized terms used herein shall have the meanings given
to such terms in the Plan. 







 4. Remainder of Plan in Effect. Except as expressly amended hereby, the Plan shall remain
in full force and effect in accordance with its terms. 
 This Amendment is executed effective as of the first date set forth above.

  

			
	ZEP INC.
		
	By:	 	/s/ Robert P. Collins
		 	Robert P. Collins
		 	 Vice President and
 Chief Administrative
Officer



  

 2
#### HINSON v. CREECH

No. 130 PC.

Case below: 21 N.C. App. 727.

Petition for writ of certiorari to North Carolina Court of Appeals allowed 30 August 1974.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

WELSEY BANES

, 1

Petitioner Below,

Appellant,

v.

ANDREA COSTNER

,

Respondent Below,

Appellee

. §

§ No. 261, 2018

§

§ Court Below

— Family Court

§ of the State of Delaware

§ in and for New Castle County

§

§ File No. CN16

- 01611

§ Petition No s

. 17

- 001661 &

§ 17

- 02255

§

Submitted: June 26 , 2018

Decided: July 3 , 2018

O R D E R

This 3 rd day of July 2018, it appears to the Court that t he Chief Deputy Clerk

issued a notice, by certified mail, directing the appellant to show cause why this

appeal should not be dismissed for the appellant's failure to pay the filing fee or to

file a motion to proceed in forma pau peris requesting a waiver of the fee. The

appellant has not responded to the notice to show cause within the required ten

- day

period and has not paid the filing fee or filed a motion to proceed in forma pauperis

.

Dismissal of the appeal is therefore deem ed to be unopposed.

1 The Court previously assigned pseudonym s to the appellants under Supreme Court Rule 7(d).2

NOW, THEREFORE, IT IS ORDERED , under Supreme Court Rules 3(b)(2)

and 29(b) , that this appeal is DISMISSED

.

BY THE COURT:

/s/ Gary F. Traynor

Justice
Commerce Bank
8000 Forsyth Boulevard
St. Louis, Missouri  63105-1797
(314) 726-2255



January 9, 1998


Mr. Ronald Krutzman, Treasurer
Laclede Gas Company
720 Olive
St. Louis, MO  63101

Dear Mr. Krutzman:

Commerce Bank, N.A. ("Bank") is pleased to offer a discretionary line of
credit to Laclede Gas Company ("Borrower") under the following terms and
conditions.  Accordingly, our officers may, at their discretion, make short-
term loans to Laclede Gas Company up to $10,000,000 on such terms as may be
mutually agreed upon from time to time.

Purpose:        Working Capital
Amount:         Up to $10,000,000 (Ten Million Dollars)
Interest:
Rate:           Prime rate of Bank or such lesser rate that                
may be agreed upon at the time of fund.
Term:           Until January 31, 1999
Method of
Borrowing &
Repayment:      Advances shall be evidenced by separate notes and each note
issued under this arrangement shall mature not more than ninety (90) days
from note date.  Notes maturing after January 31, 1999, may be renewed in
whole or part provided no note matures later than June 30, 1999.  Interest
shall be payable at maturity or on the date of any prepayment.  Notes issued
under this arrangement may be prepaid at any time without penalty.
Collateral:     Unsecured
Other:          Execution of note(s) in form acceptable to                
Bank.  It is understood that any loans obtained by any subsidiary of
Borrower whether or not they are guaranteed by Borrower are excluded from
this agreement and shall not be charged against the amount stated above.

Oral agreements or commitments to loan money, extend credit or to forbear
from enforcing repayment of a debt, including promises to extend or renew
such debt, are not enforceable.  To protect you (borrower(s)) and us
(creditor) from  misunderstanding or disappointment, any agreements we reach
covering such matters are contained in this writing, which is the complete
and exclusive statement of the agreement between us as we may later agree in
writing to modify it.  By signing below, you and we agree that there are no
unwritten oral agreements between us.





                                 Page 21<PAGE>
<PAGE>
If the aforementioned terms and conditions are satisfactory, please indicate
the Borrower's acceptance and approval of same by signing and returning the
original of this letter within 15 days from this date.  We are pleased to be
able to provide this service and look forward to expanding our relationship.


Sincerely,


s/Ann E. Steck
Ann E. Steck
Vice President

AES: jc

Accepted and approved this 14th day of January, 1998.


LACLEDE GAS COMPANY

By: s/Ronald L. Krutzman




































                                 Page 22
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-29-1997
<PERIOD-END>                               SEP-29-1996
<CASH>                                             435
<SECURITIES>                                         0
<RECEIVABLES>                                   13,103
<ALLOWANCES>                                       202
<INVENTORY>                                     20,949
<CURRENT-ASSETS>                                35,767
<PP&E>                                           3,206
<DEPRECIATION>                                 (9,401)
<TOTAL-ASSETS>                                  43,912
<CURRENT-LIABILITIES>                           14,315
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           156
<OTHER-SE>                                      19,024
<TOTAL-LIABILITY-AND-EQUITY>                    43,912
<SALES>                                         21,923
<TOTAL-REVENUES>                                21,923
<CGS>                                           17,167
<TOTAL-COSTS>                                   20,026
<OTHER-EXPENSES>                                   113
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 288
<INCOME-PRETAX>                                  1,496
<INCOME-TAX>                                        96
<INCOME-CONTINUING>                              1,400
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,400
<EPS-PRIMARY>                                      .09
<EPS-DILUTED>                                      .09
        

</TABLE>