alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5 T H C IR . R. 47.5, the court has determined that thi s opinion should not * be publishe d an d is not precedent except under the limited circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 09- 60021 Su m m ar y Cal endar

M I CHA EL T I L L M AN , P l a i n ti ff - A p p ell a n t v. S O U T H E R N W O O D P R E S E R V IN G O F H A T T IE S B U R G IN C , D efen da n t- A pp el l ee

A p p ea lf

rom the U n i tedS tates D i stri ct C ou rt fo rth e S o u th e r n D is tr ic t o f M is s is s ip p i

N o. 2: 07- C V

- 170

B ef ore K IN G , D E N N IS, an d O W E N , C i rcui tJu dg es . P E R C U R I A M: * P la in tiff-a p p e ll a n t M ich a e l T il lm a n a p p e a ls th e d istr ict co u rt’s g ra n t of a p a r tia l s u m m a r yj u d g m e n t in th is T itle V II s u it in w h ic h h e a lle g e s th a t h is
em pl oyer ret al i ated aga i n sthi m f or f i l i n g a previ ou s di scr i m i n ati on sui t , cr eated a h ost i l e w ork en vi ronm e n t, a n d construct ivel y di scharged hi m . Th e di st ri ct
c our t ’ s or der , d en om i nat ed “Judgm ent , ” di sm i ss ed Ti l l m an’ s c ons t r uct ive di sc harge c l ai m and hi s c l ai m s bas ed o n eve nt s oc c urr i ng bef or e Sept em ber17, United States Court of App eals

Fifth Circuit 

### F I L E D Jul y 28, 2009 Cha rl es R. F ulb ru g e II I Clerk2

2 0 0 5
. O th e rcla im s re m a in to b e a dju d ic a te d
. A s F e d e r a l R u le o f C iv il Proc edur e 5 4(b) pr ovi des , “ any or derorotherdec i si on, how eve rdes i gnat ed, t hat adj udi c at e s fe w e rt han al l t he c l ai m s . . . do e s no te nd t he a c t i o n a s t o a ny o f t he
c l ai m s . . . . ” A l t hough t he di st r i c t c our tdi d ent era j udgm enton t he c l ai m s t hat i tdi sposed of, t h e courtdi d n otex pressl y determ i n e tha tthere i s n o j u streason f or d el ay, a s r e qui r e d b y Rul e 5 4(b)
. Ac c o r di ngly, w e ha ve no j ur i s di c t i o n a nd t h i s a p p e a li s DI S M I S S ED
. Appe alD I SM I SSED
. Cos t s s hal lb e b o r ne b y Ti l l m an.
**Exhibit 23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation by reference in theRegistration Statements on Form S-8 (Nos. 333-72877, 333-91767, 333-30242, 333-41482, 333-59358, 333-100566 and 333-107702) and Form S-3 (Nos. 333-113674 and 333-33794) of our report dated March 9, 2006, with respect to the consolidatedfinancial statements of Vignette Corporation included in this Annual Report (Form 10-K) for the fiscal year ended December 31, 2005. 

/s/ Ernst &Young LLP 

Austin, Texas 

March 10, 2008
[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Notices]
[Pages 31508-31509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15684]



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

DEPARTMENT OF COMMERCE
[A-533-810]


Stainless Steel Bar From India; Extension of Time Limit for 
Preliminary Results of New Shipper Antidumping Duty Administrative 
Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of extension of time limit for preliminary results of 
new shipper antidumping duty administrative review.

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

SUMMARY: The Department of Commerce (the Department) is extending the 
time limit for the preliminary results in the new shipper 
administrative review of the antidumping duty order on stainless steel 
bar from India, covering the period February 1, 1995, through July 31, 
1995, because the Department has concluded that the case is 
extraordinarily complicated.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT:
Davina Hashmi or Michael Rill, Office of Antidumping Compliance, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution

[[Page 31509]]

Avenue, N.W., Washington, D.C. 20230; telephone : (202) 482-4733.

SUPPLEMENTARY INFORMATION: 

Background

    The Department of Commerce received requests to conduct a new 
shipper administrative review of the antidumping duty order on 
stainless steel bar from India. On November 28, 1995, the Department of 
published in the Federal Register a notice of initiation of a new 
shipper review of Akai Asian and Viraj, two exporters of stainless 
steel bar to the United States (60 FR 58598). The review covers the 
period February 1, 1995, through July 31, 1995.
    Because this review is extraordinarily complicated, we are unable 
to complete the review within the time limits mandated by section 
751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended by the Uruguay 
Round Agreements Act (the Tariff Act). See Memorandum dated June 4, 
1996. Therefore, in accordance with that section, the Department is 
extending the time limit for the preliminary results to October 15, 
1996.
    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 353.34(b).
    This extension is in accordance with section 751(a)(2)(B)(iv) of 
the Tariff Act (19 U.S.C. 1675(a)(2)(B)(iv)).

    Dated: June 5, 1996.
Roland L. MacDonald,
Acting Deputy Assistant Secretary for Compliance.
[FR Doc. 96-15684 Filed 6-19-96; 8:45 am]
BILLING CODE 3510-DS-M
Exhibit 10.2

American TonerServ Corp.

Compensation Plan

Job Title:  Division President
----------

Status:  Full-time, Exempt
-------

Position Purpose:
-----------------
     o    Manage the overall business activities and financial performance of
          NCTS
     o    Lead the efforts at NCTS to grow revenue and increase profit margins
     o    Set sales plans and budgets
     o    Manage and direct the Company's sales team and sales representative
          activities
     o    Develop new business and maintain key customer accounts
     o    Develop and deliver sales and marketing materials, method of delivery,
          plans and schedule
     o    Manage, direct and uphold customer service activities to limit
          attrition
     o    Oversee purchasing practices and vendor relationships on equipment,
          raw goods, parts, and outsourced finished goods
     o    Undertake additional or other duties as necessary to meet the needs of
          the business

Base Compensation & Benefits
----------------------------
     o    $75,000 annual, paid on a bi-weekly basis
     o    Employee benefits (Medical, Dental, Vision) covered at 100%, up to
          $1,200 monthly
     o    Accrue PTO at the rate of 3 weeks per year

Incentive Compensation (see attached compensation plan)
----------------------
     o    Monthly profit sharing (measured using EBITDA 3-month rolling monthly
          average)
     o    Share of monthly revenue growth (measured using current 3-month
          rolling monthly average vs. 2008 baseline of $105,000)
     o    Minimum bonus for initial period, March through July

  -------------- ---------- ---------- ---------- ---------- -------- ----------
   Month          March      April      May        June       July     August
  -------------- ---------- ---------- ---------- ---------- -------- ----------
   Min. Bonus     $6,250     $3,750     $2,750     $1,750     $750     $0
  -------------- ---------- ---------- ---------- ---------- -------- ----------

Additional Information
----------------------
     o    Monthly travel budget of $2,000 per month, expectation of 8 business
          days / month on-site at NCTS
     o    Compensation package to be reviewed on a semi-annual basis, initial
          review scheduled August 30th
     o    Stock option targets will be established within 1st quarter 2009,
          based on division growth

February 1st, 2008                             2/16/09
------------------------------                 --------------------------------
Effective Date                                 Today's Date

/s/ Chuck Mache                                /s/ Michael Ducey
Chuck Mache, President & CEO                   Michael Ducey, Division President

This compensation plan does not represent a contract or guarantee of ongoing
employment. ATS is an at-will employer and only the President of the company has
the authority to alter this policy.
Case 2:18-cr-00422-DJH Document 481-1 Filed 02/28/19 Page 1 of 1
#### The State, ex rel. The Maysville Bridge Co., *v.*Quinlan, Probate Judge.

(No. 23128

Decided October 7, 1931.)

*Mr. Francis T. Bartlett, Mr. George G. Heath*and *Messrs. Hunt, Bennett & Utter,*for relator.

*Mr. John II. Houston,*prosecuting attorney, for respondent.

The court find that there is no warrant for the issuance of a writ of prohibition sought by the plaintiff, for the reason that the action, order and judgment which the plaintiff seeks to have restrained and prohibited have been fully consummated. A writ of prohibition may be awarded only to prevent' the unlawful usurpation of jurisdiction, and does not lie to prevent the enforcement of a claimed erroneous judgment previously rendered; it may be invoked only to prevent proceeding in a matter in which there is an absence of jurisdiction and not to review the regularity of an act already performed. It cannot be substituted for a proceeding in error. '

*Writ denied.*

Marshall, C. J., Jones, Matthias, Day, Allen, Kinkade and Robinson, JJ., concur.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1084 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1084

   To require that, in the questionnaires used in the taking of any 
 decennial census of population, a checkbox or other similar option be 
   included so that respondents may indicate Dominican extraction or 
                                descent.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2009

Mrs. Gillibrand (for herself and Mr. Schumer) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
   To require that, in the questionnaires used in the taking of any 
 decennial census of population, a checkbox or other similar option be 
   included so that respondents may indicate Dominican extraction or 
                                descent.

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

SECTION 1. REQUIREMENT RELATING TO CENSUS QUESTIONNAIRES.

    In conducting the 2010 decennial census and every decennial census 
thereafter, the Secretary of Commerce shall include, in any 
questionnaire distributed or otherwise used for the purpose of 
determining the total population by States, a checkbox or other similar 
option by which respondents may indicate Dominican extraction or 
descent.
                                 <all>
```
---

Exhibit 32.1 CERTIFICATIONS PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. Section 1350)

In connection with the Annual Report of Drucker Inc., a Delaware
  corporation (the Company), on Form 10-KSB for the fiscal year ended
  December 31, 2004 as filed with the Securities and Exchange Commission (the
  Report), I, Robert Smiley, Acting Chief Executive Officer of the
  Company, do hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act
  of 2002 (18 U.S.C. § 1350), that to my knowledge:

(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.

By:        /s/ Robert
SmileyName:   Robert Smiley

Title:     Acting Chief Executive Officer

Date:     December 15, 2007

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

---
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 1 of 8
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 2 of 8
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 3 of 8
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 4 of 8
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 5 of 8
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 6 of 8
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 7 of 8
Case 2:18-cr-00422-DJH Document 1019-3 Filed 06/12/20 Page 8 of 8
#### STATE of Missouri, Respondent, v. Keith VAUGHN, Appellant.

No. WD 51089.

Missouri Court of Appeals, Western District.

May 28, 1996.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 2, 1996.

Jeremiah W. (Jay) Nixon, Attorney General, Breck K. Burgess, Asst. Attorney General, Jefferson City, for Respondent.

James C. Dowling, Fulton, for Appellant.

Before LOWENSTEIN, P.J., and HANNA and SPINDEN, JJ.

*ORDER*

PER CURIAM.

Keith Vaughn appeals convictions of sodomy and burglary in the first degree. Convictions affirmed. Rule 30.25(b).
ex10-19.htm


     

      
        

      

    

    Exhibit 10.19

     

    
 

    


    December
11, 2008

    


    


    B. M.
Rankin, Jr.

    300
Crescent Court, Suite 875

    Dallas,
Texas  75201

    


    Dear Mr.
Rankin:

    


    The
purpose of this letter is to confirm the automatic renewal of your Consulting
Agreement dated January 1, 1991, as amended (the “Agreement”).

    


    Your
contract will automatically renew for an additional one-year period beginning
January 1, 2009, and ending December 31, 2009.  All other terms and
conditions of the Agreement shall remain the same.

    


    Please
confirm that the foregoing correctly sets forth your understanding with respect
to this matter by signing both originals of this letter and returning one to
me.

    


    Very
truly yours,

    


    /s/ Richard C.
Adkerson

    


    Richard
C. Adkerson

    Chairman
of the Board

    FM
Services Company

    


    


    


    AGREED
TO AND ACCEPTED

    


    


    BY:       
/s/ B. M. Rankin,
Jr.                            
1/2/2009     

    B. M. Rankin,
Jr.                                 Date
ex1072.htm


    
      

      

    


    December
4, 2008

     

    Judith
Rodin, PhD.

    President

    The
Rockefeller Foundation

    420 Fifth
Avenue

    New York
NY  10018

     

    Dear
Judith:

     

    This will
confirm the following agreement relating to the deferral of your director’s
retainers and fees for 2009.

     

    1.           All
director’s fees and retainer (“Fees”) payable to you in connection with your
service on the boards of directors (including committees of such boards) of AMR
Corporation and American Airlines, Inc. for the period January 1, 2009 through
December 31, 2009, will be deferred and paid to you in accordance with this
letter agreement.

     

    2.           Pursuant
to the Procedures for Deferral of Board Retainers and Fees, as amended and
restated (a copy of which is attached as Exhibit A), interest will be accrued on
the amounts to be paid on a deferred basis pursuant to paragraph 1 above, from
the date such fees would otherwise have been paid to the date actually paid, at
the prime rate which JP Morgan Chase Bank, N.A. from time to time charges in New
York for 90-day loans to responsible commercial borrowers, such interest to be
compounded monthly.

     

    3.           On
the 30th
business day after the date when you cease to be a Director of AMR
Corporation, and any affiliates, and cease rendering services, the total amount
to be paid on a deferred basis; plus the aggregate amount of interest accrued
thereon will be paid to you in a lump sum distribution.  Payment
cannot be accelerated.

     

    4.           In
the event of your death, the amounts outlined in Paragraph 3 above shall be paid
to the Trustees under your Revocable Agreement of Trust, dated September 15,
1997, as amended February 20, 2004, Judith Rodin Settlor and
Trustee.  The payments contemplated by this paragraph 4 will be made
on the 30th
business day following the date of your death.

     

    If the
foregoing is satisfactory to you, please indicate by signing one of the
originals (two are enclosed) and returning it to me.

     

    


    Very
truly yours,

     

     

    /s/
Kenneth W. Wimberly

    Kenneth
W. Wimberly

    Corporate
Secretary

     

    


     

    


     

    Accepted
and agreed:

     

    


    
      /s/
Judith Rodin

    

    Judith
Rodin
Summary of Non-Employee Director Compensation Arrangements



 Exhibit 10(o) 
 SUMMARY OF NON EMPLOYEE DIRECTOR COMPENSATION ARRANGEMENTS 
 Non-employee directors are paid an annual retainer of $180,000,
and the Presiding Director and Committee Chairs receive an additional annual fee of $5,000. No meeting fees or committee membership fees are paid. 
 Under
the Deferred Compensation Program for Non-Employee Directors, each non-employee director is required to defer at least 50 percent of his or her retainer in the form of Common Stock Units and can elect to defer up to 100 percent. A Common
Stock Unit is what is sometimes referred to as “phantom stock” because initially no stock is actually issued. Instead, a book entry account is kept for each director that shows how many Common Stock Units he or she has. When a director
leaves the Board, he or she receives actual shares of common stock corresponding to the number of Common Stock Units in his or her account. Each non-employee director’s deferred stock account is credited with Common Stock Units every January.
The ongoing value of each Common Stock Unit equals the market price of the common stock. When dividends are paid on the common stock, each account is credited with equivalent amounts in additional Common Stock Units. If U. S. Steel were to
undergo a change in control resulting in the removal of a non-employee director from the Board, that director would receive a cash payment equal to the value of his or her deferred stock account. 
 Under our Non-Employee Director Stock Program, upon joining our Board, each non-employee director is eligible to receive a grant of up to 1,000 shares of common stock.
In order to qualify, each director must first have purchased an equivalent number of shares in the open market during the 60 days following the first date of his or her service on the Board.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 22 - 10871 Summary Calendar

**____________ United States of America,**  Plaintiff
— Appellee **,** versus **Luis Adrian Amaro -**  **Lopez,** Defendant
— Appellant **.**

**______________________________** Appeal from the United States District Court for the Northern District of Texas USDC No. 5:17 - CR - 107 - 1

**_________ _____________________**  Before **Elrod, Willett**  and **Ho, C** ircuit Judges **. Per Curiam**  **:** ***** Luis Adrian Amaro - Lopez, federal prisoner # 03649 - 408, moves for leave to proceed in forma pauperis (IFP) in his appeal from the denial of his 18 U.S.C. § 3582(c)(1)(A)(i) motion for compassionate release. He is currently serving a 168 - month sentence for distribution and possession with intent to distribute 50 grams or more of methamphetamine. The district court determined that Amaro - Lopez failed to show extraordinary and

**_____________________** * This opinion is not designated for publication. See **5th Cir . R.**  47.5. United States Court of Appeals Fifth Circuit 

### FILED December 30, 2022 Lyle W. Cayce Clerk Case: 22-10871 Document: 00516593495 Page: 1 Date Filed: 12/30/2022No. 22 - 10871

2 compelling reasons warranting relief and that the 18 U.S.C. § 3553(a) factors did no t weigh in favor of relief. See § 3582(c)(1)(A)(i). In his brief on appeal, Amaro - Lopez contends that the district court abused its discretion in denying his motion for compassionate release because it failed to address his arguments and failed to artic ulate any reasons for the denial of his motion. In his compassionate release motion, Amaro - Lopez argued that the following circumstances presented extraordinary and compelling circumstances for compassionate release: (i) his sister suffered from diabetes and other medical issues that prevented her from properly administering her medication, and he was needed as her primary caregiver; (ii) the conditions at his prison facility were “harsh” due to effects of COVID - 19; (iii) he was denied the opportunity to e arn time credits under 18 U.S.C. § 3632(d)(4), because he did not speak English and no educational programs were being offered at his correctional facility due to COVID - 19; and (iv) he was sentenced using the multiplier for actual methamphetamine instead o f that for a methamphetamine mixture and the purity distinction between the multipliers is arbitrary and unjust. Amaro - Lopez fails to identify a nonfrivolous argument that an extraordinary or compelling circumstance justified the granting of his compassio nate release motion. See United States v. Jackson , 27 F.4th 1088, 1093 n.8 (5th Cir. 2022); United States v. Chambliss , 948 F.3d 691, 693 - 94 (5th Cir. 2020). Accordingly, his IFP motion is **DENIED** , and the appeal is **DISMISSED** as frivolous. See Baugh v. Taylor , 117 F.3d 197, 202 & n.24 (5th Cir. 1997); Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983); **5th Cir.**  **R. 42.2** . Case: 22-10871 Document: 00516593495 Page: 2 Date Filed: 12/30/2022
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 868 Engrossed in House (EH)]

H. Res. 868

                In the House of Representatives, U. S.,

                                                      November 5, 2009.
Whereas women are and have historically been an important part of all United 
        States war efforts, voluntarily serving in every military conflict in 
        United States history since the Revolutionary War;
Whereas 34,000 women served in World War I, 400,000 served in World War II, 
        120,000 served in the Korean War, over 7,000 served in the Vietnam War, 
        and more than 41,000 served in the first Gulf War;
Whereas more than 185,000 women have been deployed in support of Operation 
        Enduring Freedom, Operation Iraqi Freedom, and other missions since 
        2001;
Whereas over 350 servicewomen have given their lives for the Nation in combat 
        zones since World War I, and more than 85 have been held as prisoners of 
        war;
Whereas over 350,000 women serving in the Armed Forces make up approximately 15 
        percent of active duty personnel, 15 percent of Reserves, and 17 percent 
        of the National Guard;
Whereas women are now playing an increasingly important role in America's 
        military forces; and
Whereas the women of America's military, past and present, have served their 
        Nation in times of peace and war, at great personal sacrifice for both 
        themselves and their families: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) honors and recognizes the service and achievements of current 
        and former female members of the Armed Forces;
            (2) encourages all people in the United States to recognize the 
        service and achievements of women in the military and female veterans on 
        Memorial Day;
            (3) encourages all people in the United States to learn about the 
        history of service and achievements of women in the military; and
            (4) supports groups that raise awareness about the service and 
        achievements of women in the military and female veterans through 
        exhibitions, museums, statues, and other programs and activities.
            Attest:

                                                                          Clerk.
```