alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### TEXA S C OU R T OF A PPEAL S, THIR D DIST R ICT , AT AU STIN
ON MOTION F OR REHEARING
NO. 03-0 8 -00635-CR Edga rR. He r nande z , A ppe lla nt

v. The State of Texas, App ellee
F ROM THE DISTRICT CO URT OF TRAVIS COUNTY , 147TH JUDICIAL DISTRICT NO. D-1- DC-04 -30 2732 , HO NORAB LE WI LF ORD F LOW ERS , JUDGE PRESIDI NG

M E MO R

A N D UM O P I N I O N We ove rrule Her

nandez’s motion for re hearing, w ithdraw our opinion and judgment issued J anuar

y 9, 2009, and substitute the followingin its pl ace . Ed g ar H e rn and e z se e ks to a pp e a l fr om a

jud g me nt o f c onvic tio n f or ind e c e nc y

wi th a child by contac t. Sentence w as imposed on April 9, 2007. No motion for new tr ial was filed. T he deadline f or per fec ting a

ppeal wa s theref

ore Ma y 9, 2007. See Tex. R. App. P . 26.2(a) (1). Notice of appe al was filed on October 9, 2008. Whil e He rnande z filed a motion for an out-of -time appe al in the trial court on Septembe r 26, 2008, neither this Court nor the trial court has a uthority to gr ant an out-of- time appea l. Se eAte r v . E igh th C ou rt o f A pp e als , 802 S.W .2d 241, 243 (Tex. Crim. App. 1991) (out-of

-time appe al from f

inal felony

conviction may

be sought by filing writ of habe as cor pus2

with court of c riminal appea ls pursuant to article 11.07 of code of criminal proc edure ). He rnande z do e s n ot c onte nd

that th e c ourt

of c ri min a l a

pp e a ls h a s gra

nte d h im a

n o ut- of -t ime a pp e a l. Un de r t he c ir c ums tanc e s, we la c k jur isd ic tio n to disp os e of the purp or

te d a pp e a l in any manner other than by dismiss ing it for want of j urisdiction. Se eSla ton v . S tate , 981 S.W .2d 208, 21 0 ( Te x. Cr im. Ap p. 19 98 ); Ol iv o v . S tate , 918 S.W .2d 519, 522-23 (Te x . Crim. App. 1996). The appea l is dism issed.

_ _ _ _ _ _ _ _ ___________________________________ Diane M. H enson, Jus tice Be fore J ustices Patterson, Waldrop and H enson Dismissed for Want of J urisdiction Filed: Mar ch 5, 2009 Do Not Publish
Exhibit 32.2

CERTIFICATION

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended, (the "Exchange Act") and
Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. § 1350, as adopted), Nancy J. Baker, Chief Financial Officer of
Cymer, Inc., a Nevada corporation (the "Registrant"), hereby certifies that, to the best of her knowledge:



In Witness Whereof, the undersigned has set her hand hereto as of the 27th day of February, 2008.

|                                                         |  | 
|-------------------------------------------------------- |  | 
|/s/NANCY J. BAKERNancy J. Baker, Chief Financial Officer |  | 

This
certification accompanies the annual report on Form 10-K to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be
incorporated by reference into any filing of Cymer, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date
of the annual report on Form 10-K to which it relates), irrespective of any general incorporation language contained in such filing.

---



QuickLinks
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 7, 2019

RE: Product Exclusion Request Number USTR-2018-0025-6592

Nissan North America, Inc:

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 the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

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,

Joseph Barloon

General Counsel
First Amend. to the Ingersoll-Rand Company Employee Supplemental Savings Plan II



 Exhibit 10.2 

FIRST AMENDMENT 

TO THE INGERSOLL-RAND COMPANY 

SUPPLEMENTAL EMPLOYEE SAVINGS PLAN II 

(Effective January 1, 2005, And Amended and Restated through July 1, 2009) 

WHEREAS, Ingersoll-Rand Company (the “Company”) adopted the Ingersoll-Rand Company Employee Supplemental Savings Plan II (the
“Plan”), which was originally effective on January 1, 2005 and subsequently amended and restated effective as of January 1, 2009 and as of July 1, 2009; and 

WHEREAS, the Company desires to amend the definition of Compensation for purposes of the Plan; 

NOW THEREFORE, the Plan is hereby amended as set forth below: 

1. Effective January 1, 2010, Section 2.3 of the Plan is amended to add a new subsection (iv) to read as follows:

 (iv) “Compensation” means Compensation as defined in the Qualified Savings Plan; provided that, Compensation shall
not include commissions. 
 2. Except as specifically set forth herein, all other terms of the Plan shall remain in full force
and effective and are hereby ratified in all respects. 
 IN WITNESS WHEREOF, the Company has had its duly authorized
representative sign this Amendment as of January 1, 2010 
  

			
	INGERSOLL-RAND COMPANY
		
	By:	 	 /s/ Barbara A. Santoro

	Name:	 	Barbara A. Santoro
	Title:	 	Vice President & Secretary


  

 1
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6869

UNULA BOO SHAWN ABEBE,

Plaintiff - Appellant,

v.

RICHLAND COUNTY, COLUMBIA POLICE DEPARTMENT, CITY OF,

Defendants - Appellees.

Appeal from the United States District Court for the District of 

South Carolina, at Rock Hill. Margaret B. Seymour, District 

Judge. (0:09-cv-02469-MBS)

Submitted: October 19, 2010 Decided: October 28, 2010

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Unula Boo Shawn Abebe, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Unula Abebe, a state prisoner, appeals the district 

court’s order accepting the recommendation of the magistrate 

judge and dismissing his 42 U.S.C. § 1983 (2006) complaint. We 

have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. Abebe v. Richland Cnty., No. 0:09-cv-02469-MBS (D.S.C. 

June 14, 2010). 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
4 V. t tr inl,10145. 

44it 1,1142, TG53.1 0 

118/T1804-2000 X -t 

>30-120 >120-400 >400-1000 >1000-2000 >2000-4000 

±0.30 ±0.50 ±0.80 ±1.20 ±2.00 

ti# 

0.5-3 >3-6 >6-30 

t4C\.1 ±0.10 ±0.10 ±0.20 

1 , 25 

B I 1 0531000000000 

6170 . it 4 

t it 4 

000000000 HD I 10 

.21FEIMIS 

IMMO
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

April 12, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-3783

Alo Tennessee, Inc: 

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/Notice_of_Product_Exclusions

_04.15.19.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,

Stephen P. Vaughn

General Counsel
[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Notices]
[Pages 15124-15125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6960]



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

DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service


East Wenatchee Watershed, Washington; Notice

AGENCY: Natural Resources Conservation Service.

ACTION: Notice of deauthorization of federal funding.

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

Summary: Pursuant to the Watershed Protection and Flood Prevention Act, 
Public Law 83-566, and the Natural Resources Conservation Service 
Guidelines (7 CFR 622), the Natural [[Page 15125]] Resources 
Conservation Service gives notice of the deauthorization of Federal 
funding for the East Wenatchee Watershed project, Douglas County, 
Washington, effective on February 10, 1995.

FOR FURTHER INFORMATION CONTACT: Lynn A. Brown, State Conservationist, 
Natural Resources Conservation Service, W. 316 Boone Avenue, Suite 
#450, Spokane, Washington 99201-2348, telephone: (509) 353-2337.

    Dated: March 13, 1995.
Lynn A. Brown,
State Conservationist.

(Catalog of Federal Domestic Assistance Program No. 10.904, 
Watershed Protection and Flood Prevention. Office of Management and 
Budget Circular No. A-95 regarding State and local clearinghouse 
review of Federal and federally assisted programs and projects is 
applicable.)
[FR Doc. 95-6960 Filed 3-21-95; 8:45 am]
BILLING CODE 3410-16-M
* Pursuant to 5 T H 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. 97-20408

Summary Calendar

Joseph Scionti, et al. Plaintiffs-Appellees,

versus
Mark S. Dornfried, pro se Defendant-Appellant.

Appeal from the United States District Court For the Southern District of Texas

(H-95-CV-5493)

February 11, 1998
Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM: *

Dornfried appeals the district court ’ s order denying his

motion to dissolve injunction. This court has jurisdiction under

28 U.S.C. § 1292(a)(1). We review the district court’s ruling for

abuse of discretion. E lgin Nat. Watch Co. v. Barrett , 213 F .2d

776, 780 (5th Cir. 1954). The district court properly denied

Dornfried’s request for dissolution of the preliminary injunction

since he failed to present any change in the operative facts or2

relevant decisional or statutory law warranting such relief. See

Ruiz v. Lynaugh , 811 F.2d 856, 860 n.7 (5 th Cir. 1987); s ee also
Black Ass’n of New Orleans Fire Fighters v. New Orleans , 853 F.2d
347, 354 (5th Cir. 1988). Dornfried also attacks the preliminary

injunction on its merits. We do not have jurisdiction to entertain

these arguments since Dornfried did not timely appeal the district

court’s order issuing the preliminary injunction. E lgin Nat. Watch

Co. , 213 F.2d at 780; Black Ass’n of New Orleans Fire Fighters
, 853
F.2d at 354. The judgment of the district court is AFFIRMED.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5835

Magna Electronics: 

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/Notice_of_Product_Exclusions.

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 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 Annual Report of Planet Technologies, Inc. (the
"Company") on Form 10-KSB for the year ended December 31, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Leslie
White, the Chief Financial 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 result of operations of the Company.

/s/ Leslie White
-------------------------
Leslie White
Chief Financial Officer
March 31, 2005
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-6526

ZANINI USA, Inc:

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/12.21.18_Notice_of_Product_E

xclusions.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 the 10-digit HTSUS subheading under which your request was filed. 

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,

Stephen P. Vaughn

General Counsel
|    |                                                                                                                                             |
|----|---------------------------------------------------------------------------------------------------------------------------------------------|
| 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Chico's FAS, Inc. for the fiscal year ended January 30, 2016; and |

|    |                                                                                                                                                                                                                                                                                                            |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| 2. | Based on my knowledge, this 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. |

|        |
|--------|
|        |  |  |  |
| Dated: | May 27, 2016 | /s/ Shelley G. Broader |
|   |   | Shelley G. Broader |
|   |   | Chief Executive Officer, President and Director |
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER

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, or the Report, of Universal Truckload Services, Inc., or the Company, on Form 10-Q for the period ended
September 27, 2008, as filed with the Securities and Exchange Commission on the date hereof, I, Donald B. Cochran, as Chief Executive Officer of the Company, and I, Robert E. Sigler, as Chief Financial Officer of the Company, each hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, respectively, that (1) the Report fully complies with the requirements of
Section 13(a) or 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 Company.

Date: November 3, 2008



/s/ Donald B. CochranDonald B. CochranPresident and Chief Executive Officer/s/ Robert E. SiglerRobert E. SiglerVice President, Chief Financial Officer, Secretary and Treasurer


The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not
being filed as part of the Report or as a separate disclosure document.
Exhibit 10.1







EXHIBIT 10.1




AMENDMENT NO. 1

TO

AMENDED AND RESTATED

EMPLOYMENT AGREEMENT





This Amendment No. 1 to Amended and Restated Employment Agreement (this “Amendment”) is made
and entered into as of the 23rd day of March, 2010, by and between Willbros United States Holdings,
Inc. (formerly known as Willbros USA, Inc.), a Delaware corporation (the “Corporation”), and Robert
R. Harl (the “Executive”).



RECITALS




A. Effective as of December 31, 2008, the Corporation and the Executive entered into that
certain Amended and Restated Employment Agreement (the “Agreement”).



B. The Corporation and the Executive desire to amend the Agreement in certain respects, as set
forth in this Amendment.



C. Terms used in this Amendment shall have the same meanings as in the Agreement, unless
otherwise defined herein.



Now, therefore, in consideration of the premises, the mutual covenants contained herein and
the mutual benefits derived therefrom, the Corporation and the Executive hereby agree as follows:



1. Effective as of the date of this Amendment, the first sentence of Section 1.2(a) of the
Agreement is hereby amended so as to read in its entirety as follows:




“For the remainder of the Employment Period, the Corporation shall pay the
Executive a base salary of nine hundred thousand dollars ($900,000).”



2. Except as specifically set forth herein, the Agreement shall continue in full force and
effect in accordance with its terms.



3. The provisions of this Amendment shall be construed and enforced in accordance with the
laws of the State of Texas, without regard to any otherwise applicable principles of conflicts of
laws.



In witness whereof, the Corporation and the Executive have executed and delivered this
Amendment as of the date first above written.



	 	 	 	 	 	 	 
	 	 	Willbros United States Holdings, Inc.	 	 
	 	 	(formerly Willbros USA, Inc.)	 	 
	 
	 	 	 	 	 	 
	/s/ Robert R. Harl
 

Robert R. Harl

	 	By:
	 	/s/ Gordon Hagendorf
 

Name: Gordon Hagendorf
	 	 
	 

	 	 	 	Title:   VP Human Resources
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5342

Radio Systems Corp:

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/Notice_of_Product_Exclusions

_5-30-2019.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