alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 73, Number 12 (Thursday, January 17, 2008)]
[Notices]
[Page 3325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-127]


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

DEPARTMENT OF VETERANS AFFAIRS


Rehabilitation Research and Development Service Scientific Merit 
Review Board; Notice of Meeting

    The Department of Veterans Affairs gives notice under Public Law 
92-463 (Federal Advisory Committee Act) that the Rehabilitation 
Research and Development Service Scientific Merit Review Board will 
meet from 8 a.m. until 5:30 p.m. each day as indicated below:

February 20-21, 2008--Hamilton Crowne Plaza Hotel, Washington, DC.
February 28-29, 2008--Westin Washington, DC City Center Hotel, 
Washington, DC.

    The purpose of the Board is to review rehabilitation research and 
development applications for scientific and technical merit and to make 
recommendations to the Director, Rehabilitation Research and 
Development Service, regarding their funding.
    The meetings will be open to the public for the February 20 and 
February 28, sessions from 8 a.m. to 9 a.m. for the discussion of 
administrative matters, the general status of the program and the 
administrative details of the review process. The meetings will be 
closed as follows for the Board's review of research and development 
applications:

February 20--from 9 a.m. to 5:30 p.m.
February 21--from 8 a.m. to 5:30 p.m.
February 28--from 9 a.m. to 5:30 p.m.
February 29--from 8 a.m. to 5:30 p.m.

    The reviews involves oral comments, discussion of site visits, 
staff and consultant critiques of proposed research protocols, and 
similar analytical documents that necessitate the consideration of the 
personal qualifications, performance would constitute a clearly 
unwarranted invasion of personal privacy. Disclosure would also reveal 
research proposals and research underway which could lead to the loss 
of these projects to third parties and thereby frustrate future agency 
research efforts. Thus, the closing is in accordance with 5 U.S.C. 
552b(c)(6), and (c)(9)(B) and the determination of the Secretary of the 
Department of Veterans Affairs under sections 10(d) of Public Law 92-
463 as amended by section 5(c) of Public Law 94-409.
    Those who plan to attend the open sessions should contact Terrilynn 
Carlton, Federal Designated Officer, Portfolio Manager, Rehabilitation 
Research and Development Service (122P), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, at (202) 254-
0265.

    Dated: January 10, 2008.

    By Direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 08-127 Filed 1-16-08; 8:45 am]
BILLING CODE 8320-01-M
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6390

LAWRENCE TURNER,

Plaintiff - Appellant,

versus

RONALD J. ANGELONE, Director, Commonwealth of

Virginia Department of Corrections; GENE M.

JOHNSON, Deputy Director, Commonwealth of Virginia Department of Corrections,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Albert V. Bryan, Jr., Senior

District Judge. (CA-96-94-AM)

Submitted: July 25, 1996 Decided: August 7, 1996

Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lawrence Turner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).
2

PER CURIAM:

Appellant appeals from the district court's order dismissing

pursuant to 28 U.S.C. § 1915(d) (1988), his action seeking to

enjoin the enforcement of an amendment to the prison regulation

governing personal property. We have reviewed the record and the

district court's opinion and find no reversible error. Accordingly,

we affirm. See Pell v. Procunier, 417 U.S. 817, 827 (1974); Hanvey

v. Blankenship, 631 F.2d 296, 296-97 (4th Cir. 1980). 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
[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Page 21321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1159]


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

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

Time and Date:  2 p.m., Wednesday, May 21, 2008.

Place:  1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status:  Closed.

Matters to be Considered: Enforcement Matters.

Contact Person for More Information: Sauntia S. Warfield, 202-418-5084.

David A. Stawick,
 Secretary of the Commission.
[FR Doc. 08-1159 Filed 4-16-08; 4:02 pm]
BILLING CODE 6351-01-P
# Loyalty Day, 2008

Americans believe that every man, woman, and child has unalienable rights, dignity, and matchless value. Advancing these ideals was the honorable vision of our Founders and the mission that helped shape this great country. On Loyalty Day, we celebrate the legacy of freedom and the shared ideals that bind us together. 

Our Soldiers, Sailors, Airmen, Marines, and Coast Guardsmen demonstrate their love of country by stepping forward when America needs them most. By putting our country's security before their own, the men and women of the Armed Forces have strengthened our Nation and brought hope to millions around the world. All Americans are grateful to the members of the military and their families for their service, sacrifice, and dedication, and we are proud of their accomplishments. 

Through their good works, our Nation's volunteers bear witness to their steadfast love for America, as exemplified in their commitment to service and good citizenship. Loyalty to this country brings with it a commitment to aid our family, friends, and fellow citizens all across this broad and welcoming land. These volunteers demonstrate their gratitude for the blessings of freedom by helping build a more hopeful future for our children and grandchildren. All Americans can put their loyalty into practice by learning more about the history of our country, flying the American flag, and contributing to our communities. 

Two hundred and thirty-two years after the founding of our country, we remain committed to advancing freedom and renewing the values that sustain our liberty. Through the spirit and determination of our people, our Nation will prosper and our liberty will be secure. 

The Congress, by Public Law 85-529, as amended, has designated May 1 of each year as “Loyalty Day.” This Loyalty Day, and throughout the year, I ask all Americans to join me in reaffirming our allegiance to our Nation. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim May 1, 2008, as Loyalty Day. I call upon all people of the United States to join in support of this national observance and to display the flag of the United States on Loyalty Day as a symbol of pride in our Nation.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of April, in the year of our Lord two thousand eight, and of the Independence of the United States of America the two hundred and thirty-second. 

[FR Doc. 08-1194

Billing code 3195-01-P
NO. 07-04-0442-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TE XAS

AT AMARILLO PANEL B FEBRUARY 16, 2005

______________________________ IN THE INTEREST OF K.M., A CHILD

_________________________________ FROM THE 320TH DISTRICT COURT OF POTTE R COUNTY; NO. 67,18 9-D; HONO RABLE D ON EMERS ON, JUDGE

_______________________________ Before JOHNSON, C.J., and QUINN and CAMPBELL, JJ. MEMORAND UM OPINION On February

2, 2005, the appe llant, S cott Regg io, file d a Motio n to Dismiss Appeal. No decision of

this Court having been delivered to date, we grant the motion. Accordingly, the appeal is dismissed. No motion for rehearing will be entertained and our mandate will issue for thwith. T ex. R. A pp. P. 42 .1. James T. Campbell Justice
Exhibit 99.2

                        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 Quarterly Report of Monarch Services, Inc. (the
"Company") on Form 10-QSB for the quarter ending October 31, 2001, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Marshall Chadwell, the Chief Financial Officer of the Company, certify,
pursuant to and for purposes of 18 U.S.C. Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

     (1) The Report fully complies with the requirements of Sections 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.


/s/   Marshall Chadwell
-------------------------------
Marshall Chadwell
Chief Financial Officer
December 16, 2002































































2
# C_2011140EN.01000301.xml

| 11.5.2011 | EN | Official Journal of the European Union | C 140/3 |
| --- | --- | --- | --- |

11.5.2011

EN

Official Journal of the European Union

C 140/3

---

Non-opposition to a notified concentration

(Case COMP/M.6156 — JCDecaux/Bolloré/JV)

(Text with EEA relevance)

2011/C 140/03

On 26 April 2011, 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 French and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6156. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6156. EUR-Lex is the on-line access to the European law.

---
#### Denise DeBOSE, Appellee, and United States of America, Intervenor on Appeal, v. State of NEBRASKA, Appellant. James McCullough, Appellee, and United States of America, Intervenor on Appeal, v. State of Nebraska, Appellant.

Nos. 97-3541, 97-3544.

United States Court of Appeals, Eighth Circuit.

Submitted April 15, 1998.

Decided Aug. 9, 1999.

Rehearing and Rehearing En Banc Denied Sept. 14, 1999.

*1088Melanie J. Whittamore-Mantizios, Lincoln, NE, argued (Suzanna GIover-Ettrich, on the brief), for Appellant.

Thom K. Cope, Lincoln, NE, argued, for Appellees.

Before WOLLMAN, Chief Judge, and BEAM and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit JUDGE.

The Nebraska Equal Opportunity Commission (NEOC) fired two of its case investigators, Denise DeBose and James McCullough, because, the NEOC says, they repeatedly and grossly faded to meet their case quotas and performed their work in an untimely fashion. Both Ms. DeBose and Mr. McCullough claim to suffer from clinical depression, and they maintain that their unsatisfactory work performance was due to their disability. They therefore filed suit against the NEOC, alleging that it had violated the Americans with Disabilities Act (ADA), *see*42 U.S.C. §§ 12101-12213, in terminating them.

A jury awarded a total of more than $175,000 in back wages and compensatory damages to the plaintiffs and nearly $100,-000 in front pay to Mr. McCullough, and the district court ordered that Ms. DeBose be reinstated to her job. The state of Nebraska argues that the district court erred in holding that the state was not immune from suit under the Eleventh Amendment of the U.S. Constitution and in denying the state’s motions for judgment as a matter of law.

In *Alsbrook v. City of Maumelle,*184 F.3d 999, 1010 (8th Cir.1999) *(en banc),*we held that Congress lacked the power to abrogate a state’s eleventh amendment immunity relative to Title II of the Americans with Disabilities Act, *see*42 U.S.C. §§ 12131-12165. We think that the principles established in that case apply with equal vigor to Title I of that act, *see*42 U.S.C. §§ 12111-12117. We therefore reverse the judgment of the district court and remand the case for the entry of judgment in favor of the defendant.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________

No. 1D 16

- 5200

_____________________________

G LOBAL H OOKAH D ISTRIBUTORS
, I NC

. ,
Appellant

,

v.

D EPARTMENT OF B USINESS AND P ROFESSIONAL R EG ULATION
, D IVISION OF A LCOHOLIC B EVERAG ES AND T OBACCO
,
Appellee

.

_____________________________ On appeal from a Final Order of the State of Florida, Division of Administrative Hearings. R. Bruce McKibben , Administrative Law Judge.

May 3, 2018

P ER C URIAM

.
Global Hookah Distributors, Inc., appeals from a final order of the Florida Department of Business and Professional Regulation , which adopted an administrative law judge’s recommended order addressing wholesale tax assessments on what are called “other tobacco products,” or “OTP

. ” The orde r denied relief on Global Hookah’s challenge to the Department’s policy statement concerning the use of a “best available information” process as applied to OTP, which is not challenged on appeal. Global Hookah, however, challenges its alternative2 claim, w hich is that the Department’s inclusion of federal excise taxes, shipping costs

, and other related items was an unpromulgated rule for which they are entitled to relief. The administrative law judge refused to consider this claim, effectively ruling agains t Global Hookah, despite the fact the claim had been successful in a parallel case before the same administrative law judge. See Fl a. Dep ’t of Bus. & Prof'l Reg

. v. Fl a. Bee Distribution, Inc.

, 205 So. 3d 593 (Fla. 1st DCA 2016) (per curiam affirmance in f avor of Florida Bee)

.
Global Hookah claims it has the right to assert a Florida Bee theory as well; it says that the refusal to hear its claim

— because a stay had been entered in Florida Bee pending appeal

— was improper. Under the circumstances presented, we agree that Global Hookah should have been allowed to have its similar claim adjudicated on the merits. The refusal to adjudicate Global Hookah’s claim amounts to a denial of due process because it precludes Global Hookah from potentially prevailing on a valid theory of liability upon which a similarly

- situated litigant (Florida Bee) prevailed. To the extent that Global Hookah can show injury arising from the application of an agency policy to its operations, enforced via an invalid agency rule, it should be entitled to do so. We therefore reverse and remand with directions that Global Hookah’s claim based on that in Florida Bee be reinstated.

R EVERSED and R EMANDED

.

L EWIS
, M AKAR , and O STERHAUS , JJ., concur.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or
9.331

.

_____________________________ Gerald J. Donnini, II, Jospeh C. Moffa, and James F. McAuley of Moffa, Sutton, & Donnini, P.A., Fort Lauderdale, for Appellant.3 Pamela Jo Bondi, Attorney General, and Elizabeth Teegen, Assistant Attorney General, Tallahassee, for Appellee.
[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Notices]
[Page 8425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-863]


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

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on OIF/OEF Veterans and Families; Notice of 
Establishment

    As required by Section 9(a)(2) of the Federal Advisory Committee 
Act, the Department of Veterans Affairs hereby gives notice of the 
establishment of the Department of Veterans Affairs (VA) Advisory 
Committee on OIF/OEF Veterans and Families. The Secretary of Veterans 
Affairs has determined that establishing the Committee is both 
necessary and in the public interest.
    The Committee will provide advice to the Secretary of Veterans 
Affairs on the full spectrum of health care, benefits delivery and 
related family support issues that confront servicemembers during their 
transition from active duty to veterans' status and during their post-
service years. The Committee will focus on the concerns of all men and 
women with active military service in Operation Iraqi Freedom and/or 
Operation Enduring Freedom, but will pay particular attention to 
severely disabled veterans and their families.
    Committee members shall be appointed by the Secretary of Veterans 
Affairs and shall serve as objective advisors, and not as 
representatives of any organizations for whom they may otherwise be 
serving. The Committee shall report regularly to the Secretary of 
Veterans Affairs on its major activities and recommendations.

    Dated: February 15, 2007.

    By Direction of Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 07-863 Filed 2-23-07; 8:45 am]
BILLING CODE 8320-01-M
<TABLE> <S> <C>

<ARTICLE> 5
<RESTATED>
<CIK> 0001023905
<NAME> GEOTEL COMMUNICATIONS CORP.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          33,408
<SECURITIES>                                         0
<RECEIVABLES>                                    2,216
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                36,343
<PP&E>                                           2,274
<DEPRECIATION>                                   1,204
<TOTAL-ASSETS>                                  37,413
<CURRENT-LIABILITIES>                            4,166
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           134
<OTHER-SE>                                      33,113
<TOTAL-LIABILITY-AND-EQUITY>                    37,413
<SALES>                                          2,474
<TOTAL-REVENUES>                                 3,187
<CGS>                                               99
<TOTAL-COSTS>                                      603
<OTHER-EXPENSES>                                 2,584
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    746
<INCOME-TAX>                                        21
<INCOME-CONTINUING>                                725
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       725
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.05


</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                             JUL-01-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                           2,420
<SECURITIES>                                         0
<RECEIVABLES>                                    5,775
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                11,360
<PP&E>                                          22,396
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  74,515
<CURRENT-LIABILITIES>                           36,275
<BONDS>                                          9,948
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            80
<OTHER-SE>                                      18,029
<TOTAL-LIABILITY-AND-EQUITY>                    74,515
<SALES>                                          5,564
<TOTAL-REVENUES>                                70,771
<CGS>                                                0
<TOTAL-COSTS>                                   65,313
<OTHER-EXPENSES>                                63,886
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,427
<INCOME-PRETAX>                                  5,458
<INCOME-TAX>                                     3,791
<INCOME-CONTINUING>                              9,249
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,249
<EPS-BASIC>                                       1.16
<EPS-DILUTED>                                     1.08


</TABLE>
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JOHN F. ENGELHORN,

Plaintiff,

v. 4:10cv534-WS

WALTER A. McNEIL, et al.,

Defendants.

 

ORDER ADOPTING THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation docketed

June 6, 2011. See Doc. 32. The magistrate judge recommends that the plaintiff's fifth

amended complaint and this case be dismissed for failure to state a claim and for failure

to exhaust. The plaintiff has filed objections (doc. 33) to the report and

recommendation. 

Having considered the record in light of the plaintiff's objections, the court finds

that the case must be dismissed as recommended by the magistrate judge.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 32) is hereby

ADOPTED and incorporated by reference into this order.

2. The plaintiff's complaint and this action are DISMISSED for failure to state a

claim and for failure to exhaust pursuant to 28 U.S.C. § 1915(e)(2)(B) (ii). The clerk

Case 4:10-cv-00534-WS-WCS Document 34 Filed 06/24/11 Page 1 of 2
Page 2 of 2

shall note on the docket sheet that this cause was dismissed pursuant to 28 U.S.C. §

1915(e)(2)(B)(ii). 

3. The clerk shall enter judgment, stating: "The complaint is dismissed under 28

U.S.C. § 1915(e)(2)(B)."

DONE AND ORDERED this 24th day of June , 2011.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE

Case 4:10-cv-00534-WS-WCS Document 34 Filed 06/24/11 Page 2 of 2