alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2010 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

7-19-2010

In Re: Visteon Corporation, et al.

Precedential or Non-Precedential: Precedential

Docket No. 10-1944

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2010

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2010 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"In Re: Visteon Corporation, et al. " (2010). 2010 Decisions. Paper 830.

http://digitalcommons.law.villanova.edu/thirdcircuit_2010/830
UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

_____________

No. 10-1944

_____________

In re: VISTEON CORPORATION, ET AL. 

IUE-CWA, Industrial Division of Communications Workers

of America, AFL-CIO, CLC,

 Appellant

On Appeal from the United States District Court

for the District of Delaware

No. 10-cv-00091

District Judge: Judge Michael M. Baylson (Specially Presiding)

Argued: May 28, 2010

Before: McKee, Chief Judge, Rendell & Stapleton, Circuit Judges

ORDER AMENDING OPINION

IT IS HEREBY ORDERED that the Slip Opinion filed in this case on July 13,

2010, be amended as follows:

On page 2, Susan M. Jennick should be changed to Susan M.

Jennik;

On page 3, change “Pachulski, Stank Ziehl & Jones” to “Pachulski,

Stang Ziehl & Jones”;

On page 3 add Mark M. Billion, Esq to the list of attorneys from

Pachulski, Stang Ziehl & Jones, also under this list of attorneys

change “Attorneys for Appellee Visteon Corporation”, to Attorneys

for Defendant-Appellee Visteon Corporation.; 

On page 3 change “Attorneys Appellee Official Committee of

Unsecured Creditors” to read “Attorneys for Defendant- Appellee

Official Committee of Unsecured Creditors”’ and

On page 13, change “Visteon appealed the bankruptcy court’s
decision” to “The union appealed the bankruptcy court’s decision”

BY THE COURT:

/s/ Chief Judge Theodore A. McKee

Circuit Judge

Dated: July 19, 2010

tmk/cc: Susan M. Jennik, Esq.

 Thomas M. Kennedy, I, Esq.

 Mark M, Billion, Esq. 

 Andrew B. Bloomer, Esq.

 Patrick M. Bryan, Esq.

 Laura D. Jones, esq.

 Steven D. McCormick, Esq.

 James E. O’Neill, III, Esq.

 William P. Bowden, Esq.

 Howard L. Siegel, Esq.

 Robert J. Stark, Esq.

 Gregory A. Taylor, Esq.
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.                  

###### Department of the Treasury

###### Internal Revenue Service

# AGENCY:

Internal Revenue Service (IRS), Treasury.

# ACTION:

Notice of meeting.

# SUMMARY:

An open meeting of the Taxpayer Advocacy Panel Joint Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.

# DATES:

The meeting will be held Tuesday, February 23, 2010.

# FOR FURTHER INFORMATION CONTACT:

Susan Gilbert at 1-888-912-1227 or (515) 564-6638.

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Joint Committee will be held Tuesday, February 23, 2010, at 3 p.m. Eastern Time via telephone conference. The public is invited to make oral comments or submit written statements for consideration. Due to limited conference lines, notification of intent to participate must be made with Susan Gilbert. For more information please contact Ms. Gilbert at 1-888-912-1227 or (515) 564-6638 or write: TAP Office, 210 Walnut Street, Stop 5115, Des Moines, IA 50309 or contact us at the Web site:                     *http://www.improveirs.org.*

*The agenda will include various IRS issues.*

Dated: January 15, 2010.

Linda Rivera,

Senior Program Analyst, Taxpayer Advocacy Panel.

[FR Doc. 2010-1134 Filed 1-25-10; 8:45 am]

BILLING CODE 4830-01-P
v150341_10-362 -- Converted by SECPublisher 2.1.1.8, created by BCL Technologies Inc., for SEC Filing


     

    Exhibit
10.36.2
# 

**

----

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<PAGE>
                       CONSENT OF INDEPENDENT ACCOUNTANTS
 
    We consent to the incorporation by reference in the registration statement
of EnPointe Technologies, Inc. on Form S-8 (File Nos. 333-64785, 333-06395,
333-10583 and 333-33323) of our report dated November 24, 1998, on our audits of
the consolidated financial statements and consolidated financial statement
schedule of EnPointe Technologies, Inc. as of September 30, 1998 and 1997 and
for each of the three years in the period ended September 30, 1998, which report
is included in this Annual Report on Form 10-K. We also consent to the reference
of our firm under the caption "Selected Financial Data".
 
PricewaterhouseCoopers LLP
 
Los Angeles, California
December 28, 1998
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2533 Introduced in Senate (IS)]

106th CONGRESS
  2d Session
                                S. 2533

          To suspend temporarily the duty on Pigment Red 264.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2000

 Mrs. Lincoln introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
          To suspend temporarily the duty on Pigment Red 264.

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

SECTION 1. PIGMENT RED 264.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``    9902.32.47    Pigment Red 264   Free              No change         No change         On or before 12/
                     (CAS No. 88949-                                                         31/2003          ''
                     33-1) (provided                                                                           .
                     for in
                     subheading
                     3204.17.6085)..

    (b) Effective Date.--The amendment made by this section applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of enactment of 
this Act.
                                 <all>
```
IN THE SUPREME COURT OF TEXAS

- - - - - - - -

NO. 16-0993

MJS AND ASSOCIATES, L.L.C., A

TEXAS LIMITED LIABILITY

CORPORATION

v.

JUDY MASTER, RN AND

MATTHEW MASTER §

§

§

§

§

§ Nacogdoches County,

12th District.

October 20, 2017

Petitioner's petition for review, filed herein in the above numbered and styled case,

having been duly considered, is ordered, and hereby is, denied.

         

I, BLAKE A. HAWTHORNE

, Clerk of the Supreme Court of Texas, do hereby certify

that the above is a true and correct copy of the orders of the Supreme Court of Texas in the case

numbered and styled as above, as the same appear of record in the minutes of said Court under

the date shown.

It is further ordered that petitioner, MJS AND ASSOCIATES, L.L.C., A TEXAS

LIMITED LIABILITY CORPORATION, pay all costs incurred on this petition.

WITNESS my hand and seal of the Supreme Court of Texas, at the City of Austin, this

the 30th day of November, 2017

.

Blake A. Hawthorne, Clerk

By Monica Zamarripa, Deputy Clerk
II

106TH CONGRESS

2D SESSION S. 2571

To provide for the liquidation or reliquidation of certain entries of athletic

shoes.

IN THE SENATE OF THE UNITED STATES

MAY 16, 2000

Mr. WYDEN introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To provide for the liquidation or reliquidation of certain

entries of athletic shoes.

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

3 SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN

4 ENTRIES.

5 (a) IN GENERAL.—Notwithstanding section 514 of

6 the Tariff Act of 1930 (19 U.S.C. 1514) or any other pro7 vision of law, the United States Customs Service shall, not

8 later than 90 days after the date of the enactment of this

9 Act, liquidate or reliquidate each drawback claim as filed

10 described in subsection (b).
2

•S 2571 IS

1 (b) DRAWBACK CLAIMS.—The drawback claims re2 ferred to in subsection (a) are the following claims, filed

3 between August 1, 1993 and June 1, 1998:

Drawback Claims

221–0590991–9

221–0890500–5 through 221–0890675–5

221–0890677–1 through 221–0891427–0

221–0891430–4 through 221–0891537–6

221–0891539–2 through 221–0891554–1

221–0891556–6 through 221–0891557–4

221–0891559–0

221–0891561–6 through 221–0891565–7

221–0891567–3 through 221–0891578–0

221–0891582–0

221–0891584–8 through 221–0891587–1

221–0891589–7

221–0891592–1 through 221–0891597–0

221–0891604–4 through 221–0891605–1

221–0891607–7 through 221–0891609–3

4 (c) PAYMENT OF AMOUNTS DUE.—Any amounts due

5 pursuant to the liquidation or reliquidation of the claims

6 described in subsection (b) shall be paid not later than

7 90 days after the date of such liquidation or reliquidation.

Æ
102d Congress, 2d Session Senate Document 102-29

VETO—S. 12

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

RETURNING

WITHOUT MY APPROVAL S. 12, THE CABLE TELEVISION

CONSUMER PROTECTION AND COMPETITION ACT OF 1992

October 3, 1992.—Ordered to be printed

69-011

U.s. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1 9 9 2
To the Senate of the United States:

I am returning herewith without my approval S. 12, the “Cable 

Television Consumer Protection and Competition Act of 1992.” This 

bill illustrates good intentions gone wrong, fallen prey to special interests.

Contrary to the claims made by its proponents, this legislation 

will not reduce the price Americans pay for cable television service. Rather, the simple truth is that under this legislation cable television rates will go up, not down. Competition will not increase, it 

will stagnate. In addition, this legislation will cost American jobs 

and discourage investment in telecommunications, one of our fastest growing industries.

S. 12 is clearly long on promises. Unfortunately, it is just as 

clearly short on relief to the American families who are quite 

rightly concerned about significant increases in their cable rates 

and poor cable service. Although the proponents of S. 12 describe 

the bill as procompetitive, it simply is not. Indeed, the only truly 

competitive provision, one that would have expanded the ability of 

telephone companies to compete with cable companies in rural 

areas, was dropped from the bill at the last minute.

S. 12 tries to address legitimate consumer concerns, but it does so 

by requiring cable companies to bear the costs of meeting major 

new federally imposed regulatory requirements and by adopting 

costly special interest provisions. For example, the bill requires 

cable companies for the first time to pay broadcasting companies, 

who have free access to the airwaves, to carry the broadcasters' 

programs. The undeniable result: higher rates for cable viewers.

Beyond increasing consumer costs, the bill takes certain key 

business decisions away from cable operators and puts them in the 

hands of the Federal Government. One provision, which is unconstitutional, requires cable companies to carry certain television stations regardless of whether the viewing public wants to see these 

stations. Another special interest provision would put the Federal 

Government in the position of dictating to cable companies to 

whom and at what price they could sell their programs. Thes° 

types of federally mandated outcomes will discourage continued investment in new programs to the detriment of cable subscribers 

who have come to expect a wide variety of programming and new 

services.

I believe that the American people deserve cable television legislation that, unlike S. 12, will deliver what it promises: fair rates, 

good programming, and sound service.

George Bush.

The White House, October 3, 1992.

(l)

O
# States in the Senate | Connecticut

**

----

**Introduction****Senators****Timeline**

**Richard Blumenthal (D)***Hometown: Greenwich*

----

                Contact            

----

                Committee Assignments                Biographical Directory Listing

**Christopher Murphy (D)***Hometown: Hartford*

----

                Contact            

----

                Committee Assignments                Biographical Directory Listing

Connecticut became a state on January 9, 1788, the fifth state to join the Union. Connecticut's first two senators, Oliver Ellsworth and William Johnson, took office on March 4, 1789.  Connecticut's longest-serving senators include Orville Platt (1879–1905) and Christopher Dodd (1981–2011). Among those who rose to leadership positions are Lafayette Foster and Frank Brandegee, both of whom served as the Senate's president pro tempore.

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### Can't Find Your Senator? 

Can't find your senator's name? Perhaps he or she is a member of the U.S. House of Representatives, a former senator, or a senator in your State Legislature.
# States in the Senate | Rhode Island

**

----

**Introduction****Senators****Timeline**

**Jack Reed (D)***Hometown: Jamestown*

----

                Contact            

----

                Committee Assignments                Biographical Directory Listing

**Sheldon Whitehouse (D)***Hometown: Newport*

----

                Contact            

----

                Committee Assignments                Biographical Directory Listing

Rhode Island became the 13th state to join the Union on May 29, 1790. Rhode Island’s first two senators, Theodore Foster and Joseph Stanton, Jr., took office on June 12, 1790. Rhode Island’s longest-serving senators include Nelson Aldrich (1881-1911), Theodore Francis Green (1937-1961), and Claiborne Pell (1961-1997). When Theodore Francis Green left the Senate in 1961, at the age of 93, he was at the time the oldest person to serve in the Senate. Among those who rose to leadership positions is Henry B. Anthony, who served as the Senate’s president pro tempore. Anthony also chaired the Committee on Printing for more than 20 years and helped to establish the Official Reporters of Debates in order to publish verbatim transcripts of congressional proceedings in the *Congressional Record*.

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### Can't Find Your Senator? 

Can't find your senator's name? Perhaps he or she is a member of the U.S. House of Representatives, a former senator, or a senator in your State Legislature.
**Exhibit 32.1**

 

**CERTIFICATION PURSUANT TO**

**SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

 

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of MacroChem Corporation (the “Company”), does hereby certify that to the undersigned’s knowledge:

 
| 1) | the Company’s report on Form 10-Q for the period ended March 31, 2007 as filed with the Securities and Exchange Commission (the “Form 10-Q”) 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 Company’s Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 
|   | /s/  Robert J. DeLuccia                                                        |
|--------|------------------------------------------------------------------------------------------|
|   | Robert J. DeLuccia

President and Chief Executive Officer

(Principal Executive Officer) |

 
| Dated: May 15, 2007 |
|---------------------|

 

 

A signed original of this written statement required by Section 906 has been provided to MacroChem Corporation and will be retained by MacroChem Corporation and furnished to the Securities and Exchange Commission or its staff upon request.

 

 

 

33

 

----
EXHIBIT 32.2

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 on Form 10-Q, filed pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934, as amended, of Cadence Financial Corporation (the Corporation) for the period ended September 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Richard T. Haston, the Chief Financial Officer of the Corporation, certify, pursuant to 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 Section 15(d) of the Securities Exchange Act of 1934, as amended; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------



| | 2) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Richard T. HastonName:

Richard HastonTitle:

Executive Vice President and Chief Financial OfficerDate:

November 8, 2006


A signed original of this written statement required by Section 906 has been provided to Cadence
Financial Corporation and will be retained by Cadence Financial Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             AUG-01-1997
<PERIOD-END>                               APR-30-1998
<CASH>                                           2,655
<SECURITIES>                                         0
<RECEIVABLES>                                   22,943
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               110,598
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 193,973
<CURRENT-LIABILITIES>                        1,072,744
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        86,327
<OTHER-SE>                                 (1,125,098)
<TOTAL-LIABILITY-AND-EQUITY>                   193,973
<SALES>                                              0
<TOTAL-REVENUES>                               272,138
<CGS>                                                0
<TOTAL-COSTS>                                  246,355
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 25,783
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             25,783
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    25,783
<EPS-PRIMARY>                                      .00
<EPS-DILUTED>                                      .00
        


</TABLE>
IN THE SUPREME COURT OF THE STATE OF DELAWARE

MARCUS HENDERSON

,

Defendant Below

, Appellant,

v.

STATE OF DELAWARE

,

Appellee. §

§

§ No. 358 , 2022

§

§ Court Below

— Superior Court

§ of the State of Delaware

§

§ C r. ID No. 1601006965 ( S )

§

§

Submitted: October 11, 2022

Decided: November 15 , 2022

ORDER

On September 23, 2022 , the appellant, Marcus Henderson , filed a letter that

was deemed an appeal of the Superior Court’s August 17, 2022 order denying

Henderson’s motion for sentence modification. A timely notice of appeal was due

by September 16, 2022. 1 The Senior Court Clerk issued, by certified mail, a notice

directing Henderson to show cause why his appeal should not be dismissed as

untimely filed

. On September 30, 2022, the Court received the certified mail receipt

indicating that the notice to show cause had been delivered on September 28, 2022.

A timely response to the notice to show cause was due by October 10, 2022. To

date, Henderson has not responded to the notice to show cause. Dismissal of th is

appeal is therefore deemed to be unopposed.

1 Del. Supr. Ct. R. 6(a)(iii).2

NOW, THEREFORE, IT IS HEREBY ORDERED, under Supreme Court

Rules 3(b)(2) and 29(b), that the appeal is DISMISSED.

BY THE COURT:

/s/ James T. Vaughn, Jr.

Justice