alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED: July 5, 2023

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 21

- 2390 (L)

( 6:20

- cv

- 00031

- NKM

- RSB )

EVA PALMER

,

Plaintiff

– Appellant

,

v.

LIBERTY UNIVERSITY, INC.

,

Defendant

– Appellee

.

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

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE

,

Amicus Supporting Appellant/Cross

- Ap pellee

.

PEPPERDINE UNIVERSITY; BRIGHAM YOUNG UNIVERSITY; THE

CATHOLIC UNIVERSITY OF AMERICA; HOUSTON BAPTIST

UNIVERSITY

,

Amici Supporting Appellee/Cross

- Appellant

.

O R D E R

The court amends its opinion filed June 30, 2023, as follows: USCA4 Appeal: 21-2434 Doc: 71 Filed: 07/05/2023 Pg: 1 of 22 On page 7, in the final sentence of the first paragraph, the citation to “ Id. at

1134 ” is corrected to “ See J.A. 1134.”

On page 20, in the first sentence of footnote 5, the references to “ADEA

Ruling” are corrected to “Statutory Ruling.”

On page 20, in the first sentence of footnote 6, the reference to “ADEA

Ruling” is corrected to “Statutory Ruling.”

For the Court

– By Direction

/s/ Patricia S. Connor , Clerk USCA4 Appeal: 21-2434 Doc: 71 Filed: 07/05/2023 Pg: 2 of 2
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-1904 MAMIE J. SAUNDERS, Widow of Emanuel Saunders, Petitioner, versusDIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, Respondent.
On Petition for Review of an Order of the Benefits Review Board. (96-0929-BLA) Submitted: October 8, 1998 Decided: October 22, 1998 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. Mamie J. Saunders, Petitioner Pro Se. Patricia May Nece, Edward Waldman, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Mamie J. Saunders seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of black lung benefits pursuant to 30 U.S.C.A. §§ 901-945 (West 1986 & Supp. 1998). Our review of the record discloses that the Board’s decision is based upon substantial evidence and is without reversible error. Accordingly, we affirm on the reasoning of the Board. Saunders v. DOWCP , BRB No. 96-0929-BLA, (B.R.B. May 20, 1998). 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
I 

117TH CONGRESS 

2D SESSION H. R. 6726 

To amend title 5, United States Code, to provide that a Member of Congress 

convicted of certain felony offenses relating to sexual abuse shall not 

be eligible for retirement benefits based on that individual’s Member 

service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2022 

Mr. CROW (for himself, Ms. STEFANIK, and Ms. SPEIER) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Oversight and Reform, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to provide that a 

Member of Congress convicted of certain felony offenses 

relating to sexual abuse shall not be eligible for retirement benefits based on that individual’s Member service, 

and for other purposes. 

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


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 6726 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Congress Leadership 

3 in Ending Annuities for Dishonorable Service Act’’ or the 

4 ‘‘Congress LEADS Act’’. 

5 SEC. 2. FORFEITURE OF CSRS OR FERS ANNUITY BASED ON 

6 SERVICE AS A MEMBER OF CONGRESS AFTER 

7 CONVICTION OF FELONY SEXUAL ABUSE. 

8 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

9 8332(o)(2) of title 5, United States Code, is amended— 

10 (1) in subparagraph (A)(iii)— 

11 (A) by striking ‘‘or’’ at the end of sub12 clause (I); 

13 (B) by striking the period at the end of 

14 subclause (II) and inserting ‘‘; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(III) is committed after the date of enact17 ment of the Congress Leadership in Ending An18 nuities for Dishonorable Service Act and is de19 scribed in subparagraph (B)(xxxii).’’; and 

20 (2) in subparagraph (B), by adding at the end 

21 the following: 

22 ‘‘(xxxii) An offense under chapter 109A of title 

23 18 (relating to sexual abuse).’’. 

24 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

25 Section 8411(l)(2)(C) of title 5, United States Code, is 

26 amended by striking the period at the end and inserting 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 6726 IH

1 the following: ‘‘, or, in the case of an offense described 

2 in section 8332(o)(2)(B)(xxxii), after the date of enact3 ment of the Congress Leadership in Ending Annuities for 

4 Dishonorable Service Act.’’. 

5 (c) APPLICATION.—For purposes of applying section 

6 8332(o) or 8411(l) of title 5, United States Code, the 

7 amendments made by this section shall apply to any act 

8 or omission occurring after the date of enactment of this 

9 Act. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
EXHIBIT 99

CERTIFICATION PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY
ACT OF 2002



In connection with the quarterly report of the
Pittsburgh & West Virginia Railroad (the Trust) on
Form 10-Q for the period ending June 30, 2009
as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), We, Herbert E.
Jones, Jr., Chairman of the Board of Trustees,
Herbert E. Jones, III, President of the Trust,
and Robert R. McCoy, Vice President, Secretary
and Treasurer, certify, to the best of our
knowledge, 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 results of
          operations of the Trust.


/s/ Herbert E. Jones, Jr.
Herbert E. Jones, Jr.
Chairman of the Board and Trustee

Date:  August 13, 2009



/s/ Herbert E. Jones, III
Herbert E. Jones, III
President


Date:  August 13, 2009


/s/ Robert R. McCoy
Robert R. McCoy
Vice President, Secretary and Treasurer

Date:  August 13, 2009
I 

117TH CONGRESS 

2D SESSION H. R. 7111 

To amend the National Labor Relations Act to require that lists of employees 

eligible to vote in organizing elections be provided to the National Labor 

Relations Board. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2022 

Mr. WILSON of South Carolina (for himself, Mr. ALLEN, and Mr. WALBERG) 

introduced the following bill; which was referred to the Committee on 

Education and Labor 

A BILL 

To amend the National Labor Relations Act to require that 

lists of employees eligible to vote in organizing elections 

be provided to the National Labor Relations Board. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Employee Privacy Pro5 tection Act’’. 

6 SEC. 2. LISTS OF EMPLOYEES ELIGIBLE TO VOTE IN ELEC7 TIONS. 

8 Section 9(c)(1) of the National Labor Relations Act 

9 (29 U.S.C. 159(c)(1)) is amended by adding at the end 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 7111 IH

1 the following: ‘‘Not earlier than 7 days after a final deter2 mination by the Board of the appropriate bargaining unit, 

3 the Board shall acquire from the employer a list of all 

4 employees eligible to vote in the election to be made avail5 able to all parties, which shall include the names of the 

6 employees, and not more than one additional form of per7 sonal contact information for the employee, (such as a 

8 telephone number, an email address, or a mailing address) 

9 chosen by the employee in writing.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
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 Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1780-DR] 

# AGENCY:

Federal Emergency Management Agency, DHS. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1780-DR), dated July 24, 2008, and related determinations. 

# DATES:

*Effective Date:*                         August 13, 2008.                     

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Texas is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of July 24, 2008. 

Jim Hogg County for Public Assistance. 

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

R. David Paulison, 

Administrator, Federal Emergency Management Agency.

[FR Doc. E8-20070 Filed 8-28-08; 8:45 am] 

BILLING CODE 9110-10-P
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 Defense

###### Office of the Secretary 

# AGENCY:

Department of Defense. 

# ACTION:

Notice.

# SUMMARY:

This Notice is published in accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463). The topic of the meeting on September 9-11, 2008 are to review new start and continuing research and development projects requesting Strategic Environmental Research and Development Program funds in excess of $1M. This meeting is open to the public. Any interested person may attend, appear before, or file statements with the Scientific Advisory Board at the time and in the manner permitted by the Board. 

# DATES:

Tuesday, September 9, 2008, from 9 a.m. to 5 p.m.; Wednesday, September 10, 2008, from 9 a.m. to 5 p.m.; and Thursday, September 11, 2008, from 8:30 a.m. to 4 p.m. 

# ADDRESSES:

SERDP Office Conference Center, 901 North Stuart Street, Suite 804, Arlington, VA 22203. 

# FOR FURTHER INFORMATION CONTACT:

Mr. Jonathan Bunger, SERDP Office, 901 North Stuart Street, Suite 303, Arlington, VA 22203, telephone (703) 696-2126. 

Dated: August 15, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, Department of Defense.

 [FR Doc. E8-19497 Filed 8-21-08; 8:45 am] 

BILLING CODE 5001-06-P
Exhibit 10.3


 


Summary of Annual Non-Employee Director Compensation; Effective January
1, 2005


 


Annual retainer of $40,000;


 


Meeting fees of $2,000/meeting;


 


Meeting fees of $1,500/committee meeting;


 


Committee Chairmen receive an additional $500/committee meeting;


 


Award of 5,000 shares of restricted Class A common stock upon initial
election to the Board of Directors;


 


After initial election, annual formula-based award of 1,500 shares of
restricted stock and an additional discretionary, non-formula based award of 2,000
shares of restricted stock to be awarded the first trading day of January each
year;


 


Reimbursement for travel and lodging expenses incurred in attending
meetings;


 


Eligibility to participate in the Company’s group health insurance
plan, a portion of the premiums for which are paid by the Company; and


 


Deferral of annual cash compensation into an interest-bearing account
under the Company’s 1998 Non-Employee Director Stock Award Plan, as amended,
which may subsequently be converted into restricted stock.  The number of shares of restricted stock
granted is determined based on the closing market price of the Company’s Class
A common stock as of the conversion date.
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

In connection with the Quarterly Report on Form 10-Q of Precision Castparts Corp. (the Company) for the fiscal period ended September 30, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Mark Donegan, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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 results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                    
|------------------------------------
|Date: November 9, 2007              
|                                    
|/s/ Mark Donegan                    
|Mark Donegan                        
|Chairman and Chief Executive Officer
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000


<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999             SEP-30-1998
<PERIOD-START>                             OCT-01-1999             OCT-01-1998
<PERIOD-END>                               MAR-31-2000             MAR-31-1999
<CASH>                                          11,569                   8,943
<SECURITIES>                                     2,266                     631
<RECEIVABLES>                                    9,170                   8,107
<ALLOWANCES>                                         0                       0
<INVENTORY>                                     75,045                  76,454
<CURRENT-ASSETS>                               100,344                 102,489
<PP&E>                                          14,255                  13,114
<DEPRECIATION>                                 (8,062)                 (6,701)
<TOTAL-ASSETS>                                 118,485                 119,710
<CURRENT-LIABILITIES>                           85,595                  53,091
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                           263                     264
<OTHER-SE>                                      26,652                  17,849
<TOTAL-LIABILITY-AND-EQUITY>                   118,485                 119,710
<SALES>                                         45,183                  24,205
<TOTAL-REVENUES>                                11,778                   7,599
<CGS>                                                0                       0
<TOTAL-COSTS>                                    9,927                   8,906
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                             (1,543)                   (564)
<INCOME-PRETAX>                                    437                 (1,871)
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                       437                 (1,871)
<EPS-BASIC>                                       0.01                  (0.10)
<EPS-DILUTED>                                     0.01                  (0.14)



</TABLE>
Exhibit 11



National Presto Industries, Inc.



The following presents the computation of per share earnings reflecting the assumption that the granted shares under the 1988 Stock Option Plan will be exercised.



(IN THOUSANDS EXCEPT PER SHARE DATA)



First Quarter2007
        
        2006Net Earnings (1)
        
        $
        5,021
        
        $
        1,918Weighted average common shares outstanding  (2)
        
        
        6,832
        
        
        6,829Common share equivalents relating to stock options when dilutive
        
        
        
        
        
        1Adjusted common and common equivalent shares for computation  (3)
        
        
        6,832
        
        
        6,830Net earnings per share:Basic  (1 divided by 2)
        
        $
        0.73
        
        $
        0.28Diluted  (1 divided by 3)
        
        $
        0.73
        
        $
        0.28






---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 06-7100

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

WAYNELY BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of North Carolina, at Asheville. Lacy H. Thornburg,

District Judge. (1:99-cr-00075; 1:03-cv-00111)

Submitted: August 24, 2006 Decided: September 1, 2006

Before KING, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Waynely Brown, Appellant Pro Se. Amy Elizabeth Ray, OFFICE OF THE

UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
*To the extent Brown may be seeking authorization under 28

U.S.C. § 2244 (2000) to file a second or successive 28 U.S.C.

(continued...)

- 2 -

PER CURIAM:

Waynely Brown seeks to appeal the district court’s orders

denying relief on his Rule 60(b) motion challenging the denial of

his 28 U.S.C. § 2255 (2000) motion and his motion for

clarification. The orders are not appealable unless a circuit

justice or judge issues a certificate of appealability. 28 U.S.C.

§ 2253(c)(1) (2000). A certificate of appealability will not issue

absent “a substantial showing of the denial of a constitutional

right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this

standard by demonstrating that reasonable jurists would find that

any assessment of the constitutional claims by the district court

is debatable or wrong and that any dispositive procedural ruling by

the district court is likewise debatable. Miller-El v. Cockrell,

537 U.S. 322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484

(2000); Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have

independently reviewed the record and conclude Brown has not made

the requisite showing. Accordingly, we deny a certificate of

appealability and dismiss the appeal. We also deny his motion to

place the case in abeyance. 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.*
*(...continued)

§ 2255 (2000) motion in order to raise claims under United

States v. Booker, 543 U.S. 220 (2005)and Blakely v. Washington, 542

U.S. 296 (2004), we deny authorization. 

- 3 -

DISMISSED
117TH CONGRESS 

2D SESSION H. R. 700 

AN ACT 

To designate the facility of the United States Postal Service 

located at 303 East Mississippi Avenue in Elwood, Illinois, as the ‘‘Lawrence M. ‘Larry’ Walsh Sr. Post Office’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 700 EH

1 SECTION 1. LAWRENCE M. ‘‘LARRY’’ WALSH SR. POST OF2 FICE. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 303 East Mississippi Avenue in 

5 Elwood, Illinois, shall be known and designated as the 

6 ‘‘Lawrence M. ‘Larry’ Walsh Sr. Post Office’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the facility referred to in subsection (a) shall 

10 be deemed to be a reference to the ‘‘Lawrence M. ‘Larry’ 

11 Walsh Sr. Post Office’’. 

Passed the House of Representatives May 11, 2022. 

Attest: 

Clerk. 

117TH CONGRESS 

2D SESSION H. R. 700 

AN ACT 

To designate the facility of the United States PostWalsh Sr. Post Office’’. in Elwood, Illinois, as the ‘‘Lawrence M. ‘Larry’ al Service located at 303 East Mississippi Avenue