alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-10522 Summary Calendar

ORALIA ESCAMILLA, Plaintiff-Appellant,

versus UNITED FOOD AND COMMERCIAL WORKERS INTERNATIONAL UNION AFL-CIO CLC LOCAL # 514T; ETHICON INC, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 6:01-CV-11-C

-------------------- November 22, 2002 Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: * Oralia Escamilla appeals from the granting of summary judgment denying her claims against her union and her employer. When contesting summary judgment, the non-movant must offer specific facts showing a genuine contest more than conclusional allegations, unsubstantiated assertions, or only a scintilla of evidence. Little v. Liquid Air Corp. , 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc). The nature of plaintiff’s case makes theNo. 02-10522 -2- showing of a union breach a prerequisite for recovery against both the union and the employer. DelCostello v. International Bhd. Of Teamsters , 462 U.S. 151, 165 (1983). A union breach of fair representation must be shown by “substantial evidence”. Amalgamated Ass’n of Street, Elec. Ry. and Motor Coach Employees v. Lockridge , 403 U.S. 274, 299 (1971) (internal citation and quotation omitted). Because Escamilla fails to offer substantial evidence of the union breach, both of her claims must fail. Accordingly, we AFFIRM the district court's decision.
AFFIRMED.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

September 17, 2019

RE: Product Exclusion Request Number USTR-2018-0025-1151

American Transportation Technology Corporation: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/%2434_Billion_Exclusions_Gr

anted_September.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
<PAGE>

                                                                     Exhibit 3.2

                             ARTICLES OF AMENDMENT
                                      OF
                           ARTICLES OF INCORPORATION
                                      OF
                          PREMIERE TECHNOLOGIES, INC.

                                  ARTICLE ONE
                                  -----------

  The name of the Corporation is Premiere Technologies, Inc.

                                  ARTICLE TWO
                                  -----------

  Article I of the Articles of Incorporation is hereby deleted in its entirety,
and the following Article I is hereby substituted in its place:

                                  "ARTICLE I
                                   ---------

  The name of the Corporation is PTEK Holdings, Inc."

                                 ARTICLE THREE
                                 -------------

  The foregoing amendment was adopted by the Board of Directors of the
corporation as of February 10, 2000 without shareholder action pursuant to the
provision of Section 14-2-1002 of the Georgia Business Corporation Code.

  IN WITNESS WHEREOF, the corporation has caused these Article of Amendment to
be executed by its duly authorized officer this 15th day of February, 2000.

                                        PREMIERE TECHNOLOGIES, INC.

                                        By: /s/ Patrick G. Jones
                                           -----------------------------------
                                           Name: Patrick G. Jones
                                           Title: Executive Vice President and
                                                  Secretary
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EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-2462

C.H. Hanson Co:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
Exhibit 31.1

SECTION 302 CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

I, David R. Odenath, Jr., certify that:

1. I have reviewed this annual report on Form 10-K of American Skandia Life Assurance Corporation;

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which
such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other
financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange
Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:

a) Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its subsidiaries, is made known to us by others within those entities, particularly during the period
in which this report is being prepared;

b) Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record,
process, summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial reporting.

Date: March 23, 2007



/s/ David R. Odenath, Jr.David R. Odenath, Jr.Chief Executive Officer and President
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 18 - 0670 IN THE MATTER OF: H.E.B.K. , Respondent and Appellant. **ORDER** Upo n consideration of Appellant’s motion to voluntarily dismiss appeal and good cause appearing , IT IS HEREBY ORDERED that Appellant’s appeal in the above matter is hereby DISMISSED with prejudice.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

June 24 2020

06/24/2020
Case Number: DA 18-0670
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-1654

Eccotemp Systems, LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

September 17, 2019

RE: Product Exclusion Request Number USTR-2018-0025-1986

Essentrapy: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/%2434_Billion_Exclusions_Gr

anted_September.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
# Fourth Court of Appeals

**San Antonio, Texas**

January 17, 2019

No. 04

- 17

- 00778

- CR

Marco TULIO

, Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2016CR10853

Honorable Lorina I. Rummel, Judge Presiding



### ORDER

On July 9, 2018, appellant’s appointed counsel filed a brief on behalf of appellant in

which he challenged the sufficiency of the evidence to support appellant’s conviction for

aggravated assault of a child and indecency with a child by contact. This court ultimately

rendered an opinion and judgment on December 5, 2018, in which we overruled appellant’s

complaint and affirmed the trial court’s judgment of conviction. No motion for rehearing was

filed.

On January 2, 2019, appellant filed a pro se motion in this district court, which was

forwarded to and filed in this court, asking for an extension of time to file a pro se brief in

response to counsel’s Anders brief. However, as noted above, counsel did not file an Anders

brief; but filed a substantive brief raising a point of error challenging the sufficiency of the

evidence to support the conviction. Accordingly, appellant was not entitle d to file a pro se brief.

We therefore DENY AS MOOT appellant’s motion for extension of time to file a pro se brief.

We order the clerk of this court to serve a copy of this order on appellant and all counsel.

_________________________________ Beth Watkins , JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 17th day of January, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
<PAGE>

                                                                    Exhibit 23.2

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statement Nos.
33-54398, 333-07515, 333-43547, 333-56697, 333-32118, 333-62714 and 333-116431
on Form S-8 and Nos. 333-96369, 333-116155 and 333-132151 on Form S-3 of
Metretek Technologies, Inc. (f.k.a. Marcum Natural Gas Services, Inc.) of our
report dated March 25, 2004 (March 10, 2005 as to the effects of the
discontinued operations described in Note 3 and the adoption of EITF 03-6,
"Participating Securities and the Two-Class Method Under FASB Statement No. 128
described in Note 1), which report expresses an unqualified opinion and includes
an explanatory paragraph relating to the discontinued operations described in
Note 3 and the adoption of EITF 03-6 described in Note 1 appearing in this
Annual Report on Form 10-K of Metretek Technologies, Inc. for the year ended
December 31, 2005.

/s/ Deloitte & Touche LLP

Denver, Colorado
March 17, 2006
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

September 17, 2019

RE: Product Exclusion Request Number USTR-2018-0025-10447

GE Appliances, a Haier company: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/%2434_Billion_Exclusions_Gr

anted_September.pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
March 26, 2003

Path 1 Network Technologies Inc. (the "Company")
6215 Ferris Square, Suite 140
San Diego, CA  92121

RE: Palisades Master Fund L.P./Crescent International Ltd. (the "Investors")

In connection with the proposed investment by the Investors in the Company,  and
in order to prevent a recurring "ratchet" of the Conversion Price, Laurus hereby
confirms  that with respect to any  potential  "ratchet"  of Laurus'  Conversion
Price based on the  anti-dilution  provisions of the Company's  agreements  with
Laurus for each month that the Company pays the Monthly  Amount in shares of the
Company's Common Stock below Laurus' fixed Conversion Price,  Laurus will not be
entitled to a further  reduction of the Conversion Price based on an issuance of
securities to the Investors at a price less than Laurus' then current Conversion
Price which,  in turn, was issued to the Investors at such lesser price based on
the Comapny's payment of that specific month and on that specific Monthly Amount
to Laurus in shares.

Capitalized  terms used herein and not otherwise  defined  herein shall have the
meaning as set forth in the Notes from the Company to Laurus.

                                       LAURUS MASTER FUND, LTD.


                                         /s/ David Grin
                                       ----------------------
                                        By: David Grin
                                        Authorized Signatory