alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of McElroy Hughes, Petitioner, v Joan O’Dwyer et al., Respondents.

Proceeding pursuant to CPLR article 78 to prohibit the further prosecution of the petitioner under Queens County indictment Number N12746/89 on the *387ground that further prosecution would subject the petitioner to double jeopardy.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

We find that the further prosecution of the petitioner is not barred by double jeopardy since there was a manifest necessity for declaring a mistrial at the petitioner’s first trial. The trial court at that trial had before it evidence that at least some members of the jury had improperly discussed the case, and had speculated on matters not in evidence. Moreover, the foreman of the jury had declared to the court that he could not possibly disbelieve the testimony of a police officer, and had indicated his belief that a hung jury would be the likely result of any deliberations. Under the circumstances, the court properly granted the People’s motion for a mistrial over the objection of the petitioner. Additionally, we note that evidence which was later revealed of gross misconduct on the part of the petitioner in contacting potential jurors would have necessitated a mistrial in any event. Mangano, P. J., Bracken, Lawrence, Rubin and Sullivan, JJ., concur.
<PAGE>
 
                           PLAYBOY ENTERPRISES, INC.

                                LINDA G. HAVARD
                           EXECUTIVE VICE PRESIDENT
                           & CHIEF FINANCIAL OFFICER


                                March 27, 1998



Mr. Paul Kallis
549 Colonial Road
River Vale, NJ 07675



Dear Paul:

It is with great pleasure that I offer you the position of Senior Vice
President/Chief Technology Officer for Playboy Enterprises, Inc.

You will be reporting directly to me. You will be domiciled at the Playboy
offices in Chicago, although you will be expected to do such traveling as may be
necessary and appropriate for the performance of your duties.

You will be paid a base salary of $180,000 per year, to be paid on a biweekly
basis on our normal payroll dates. In addition, you are entitled to participate
in a Board approved incentive plan with a maximum potential of 40% of your base
salary based upon Company financial performance (prorated in '98 based on start
date).

You will be a member of the Executive Committee of the Company. You will be
entitled to four weeks' paid vacation (prorated in '98 based on start date). In
Fiscal years 1998 and 1999 you are guaranteed to receive no less than $20,000 in
incentive compensation.

You will also be granted an option to purchase 7,500 shares of Playboy's Class B
stock and the right to receive up to 5,000 shares of Class B stock under the
Company's restricted stock plan, vesting 2,500 shares upon the Company's
achieving operating income of $15 million and 2,500 shares on the Company's
achieving operating income of $20 million according to the terms and conditions
of the 1995 Playboy Enterprises, Inc. Stock Incentive Plan.
<PAGE>
 
March 27, 1998
Paul Kallis
Page Two


You will be entitled to the Company's health benefits plans (effective on the
first day of your employment) as well as participation in the Company's
executive vacation policy (four weeks), matching 401k plan, deferred
compensation plan employee stock purchase plan and profit-sharing plan. Details
of all of these plans/benefits will be sent to you.

If you should be terminated at any time not for cause (as defined below), you
will be entitled to receive six months guaranteed severance and up to an
additional three months if you remain unemployed. "For cause" is defined as
conviction of a crime involving dishonesty, fraud or breach of trust, or
engaging in conduct materially injurious to Playboy.

To facilitate your relocation to Chicago, the Company will reimburse or prepay
reasonable and customary moving expenses, in accordance with the Company's
relocation policy.

If the above is acceptable, please sign, date and return the enclosed copy of
this letter.

Once again, welcome to the Playboy family.  We look forward to working with
you.

                                  Sincerely,


                                  /s/ Linda Havard
                                  Linda Havard


 ACCEPTED:

/s/ Apostolos D. Kallis
----------------------------------
Paul Kallis (Apostolos D. Kallis)


        4/1/98
----------------------------------
Date
CERTIFICATIONI, Kokmeng Koh, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-Drequired to be filed in respect of the period covered by this report on Form 10-K ofPrincipal Life Income Fundings Trust 2006-25 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;  3. Based on my knowledge, all of the distribution, servicing and otherinformation required to be provided under Form 10-D for the period covered by thisreport is included in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required inthis report under Item 1123 of Regulation AB, and except as disclosed in the ExchangeAct period reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 28, 2007   /s/ Kokmeng Koh     Kokmeng Koh  Second Vice President
#### UNITED STATES of America, Plaintiff-Appellee, v. Carlos Roberto LUNA-NINO, Defendant-Appellant.

No. 02-51274.

Conference Calendar

United States Court of Appeals, Fifth Circuit.

Aug. 20, 2003.

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM.*

Carlos Roberto Luna-Nino appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Luna contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Luna maintains that he pleaded guilty to an indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment and one-year maximum term of supervised release which may be imposed for that offense.

In *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. *Id.*at 239-47, 118 S.Ct. 1219. Luna acknowledges that his argument is foreclosed by *Almendarez-Torres,*but asserts that the decision has been cast into doubt by *Apprendi v. New Jersey,*530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). He seeks to preserve his argument for further review.

*Apprendi*did not overrule *Almendarez-Torres. See Apprendi,*530 U.S. at 489-90, 120 S.Ct. 2348; *United States v. Dabeit,*
      *415231 F.3d 979, 984 (5th Cir.2000). This court must follow *Almendarez-Torres*“unless and until the Supreme Court itself determines to overrule it.” *Dabeit,*231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is AFFIRMED.

The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED.

AFFIRMED; MOTION GRANTED.

Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
#### The People of the State of New York, Respondent, v James E. Brooks, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant was convicted of burglary in the third degree *(see,*Penal Law § 140.20) and petit larceny *(see,*Penal Law § 155.25) after a jury trial. He was adjudged a persistent felony offender *(see,*CPL 400.20 [1]; Penal Law § 70.10 [1]) and sentenced to concurrent terms of 25 years to life on the burglary conviction and one year on the petit larceny conviction.

Defendant waived his claim that the prosecutor erroneously failed to give limiting instructions to the Grand Jury concern*865ing evidence of defendant’s prior convictions by his failure to move to dismiss the indictment on that ground *(see,*CPL 210.20, 210.35; *People v Key,*45 NY2d 111, 116). Moreover, the Grand Jury minutes are not before us because they are not part of the stipulated record on appeal.

Defendant failed to preserve for our review his claim that he was denied a fair trial by prosecutorial misconduct on summation and on his cross-examination (CPL 470.05 [2]) and we decline to reach the issue in the interest of justice (CPL 470.15 [6]).

The prosecutor made the transcripts of the witnesses’ Grand Jury testimony available to defendant in a timely fashion. They were delivered to defense counsel before the prosecutor’s opening statement *(see,*CPL 240.45 [1] [a]; *People v Rosario,*9 NY2d 286, *cert denied*368 US 866).

The prosecutor’s cross-examination of defendant about his use of alcohol and drugs on the night of the alleged burglary was proper. Defendant testified on direct examination that he had consumed alcohol, codeine and muscle relaxants which caused him to be unaware that his companion was committing a burglary.

Defendant failed to preserve for our review his claim that the court’s charge was erroneous and confusing by failing to object or take an exception to those portions which he now finds objectionable *(see,*CPL 470.05 [2]). We decline to review this issue in the interest of justice *(see,*CPL 470.15 [6]).

The trial court did not abuse its discretion in adjudging defendant to be a persistent felony offender *(see,*CPL 400.20 [1]; Penal Law § 70.10). Finally, the sentence imposed was not harsh and excessive *(see, People v Farrar,*52 NY2d 302). (Appeal from judgment of Cayuga County Court, Contiguglia, J.—burglary, third degree.) Present—Dillon, P. J., Doerr, Boomer, Lawton and Davis, JJ.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 69 Received in Senate (RDS)]

  1st Session
H. J. RES. 69

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2001

                                Received

_______________________________________________________________________

                            JOINT RESOLUTION

 
Making further continuing appropriations for the fiscal year 2002, and 
                          for other purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Public Law 107-44 is 
further amended by striking

the date specified in section 107(c) and inserting in lieu thereof 
``October 31, 2001''.

            Passed the House of Representatives October 17, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Portec, Inc.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                            5400
<SECURITIES>                                         0
<RECEIVABLES>                                    16790
<ALLOWANCES>                                       322
<INVENTORY>                                      15361
<CURRENT-ASSETS>                                 39130
<PP&E>                                           33633
<DEPRECIATION>                                   19353
<TOTAL-ASSETS>                                   62205
<CURRENT-LIABILITIES>                            13593
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          4336
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     62205
<SALES>                                          76882
<TOTAL-REVENUES>                                 76805
<CGS>                                            55043
<TOTAL-COSTS>                                    70533
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 867
<INCOME-PRETAX>                                   5405
<INCOME-TAX>                                       503
<INCOME-CONTINUING>                               4902
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      4902
<EPS-PRIMARY>                                     1.07
<EPS-DILUTED>                                     1.07
        

</TABLE>
210 La. 75

#### ALBA v. HOLSTEAD.

No. 38114.

Supreme Court of Louisiana.

April 22, 1946.

*293See, also, 208 La. 301, 23 So.2d 100.

Leonard E. Yokum, of Hammond, for Frank M. Edwards, Sheriff, defendant-appellant.

S. S. Reid, of Amite, for John C. Hol-stead, defendant-appellant.

Benj. W. Miller, .of Bogalusa, for Mrs. Ella V. Joiner.

Spiller & Spiller, of Hammond, for plaintiffs-appellee.

HAMITER, Justice.

On a previous hearing, in which the plaintiff herein was recognized as the owner of the 281 acres of land in dispute, we remanded this case to the district court for the purpose of having determined the amounts due under existing claims for rent and taxes. Further, it was decreed that certain described instruments, affecting the land’s title and recorded in the Conveyance Records of Tangipahoa Parish, be annulled and cancelled upon plaintiff’s reimbursing some of the defendants, or depositing in the registry of the district court, the amount of taxes which the latter had paid on the property. Also, it was ordered that judgment be rendered in favor of one of the defendants (Mrs. Joiner) under her call in warranty. 208 La. 301, 23 So.2d 100.

The district court, on the remand, received and heard further evidence and rendered a judgment carrying out the directions of our decree. Additionally, its judgment ordered cancelled from the records of Tangipahoa Parish two instruments affecting the title to the disputed property, neither of which was mentioned in the decree of this court.

Complaining of the cancellation of one of these two instruments (an adjudication to the State of Louisiana for 1933 taxes) the tax collector of Tangipahoa Parish, a defendant herein, appealed to this court from that part of the judgment. The plaintiff has moved to dismiss his appeal.

The appellant was duly cited in this cause; he has an interest in the determination of the litigation and is a proper party defendant; and his appeal appears to have been regularly perfected. The question of whether or not the district court had authority in law to consider and pass upon issues other than those for which the cause was remanded is one which must be decided by us on the appeal, not on a motion .to dismiss the appeal.

The motion to dismiss the appeal is denied.
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skip to content 
 Home Economic Research & Data Statistical Releases and Historical Data
 DDP Print
   Industrial Production and Capacity Utilization - G.17 Current Release
  Release Dates
  Monthly Supplement
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 Annual Revision (400 KB PDF) (ASCII)  Table 4 [1]
 Item
Revised Growth Rates
Difference betweenrevised and earlier rates(percentage points)2009
2010
2011
2012
2013
2009
2010
2011
2012
2013Total IP
-11.3
5.7
3.3
3.8
2.9
.0
.0
.0
.1
.3MARKET GROUPConsumer goods
-6.9
1.1
1.5
1.7
2.4
.0
.0
.0
.1
.1Durable
-16.7
7.3
5.0
8.1
7.6
.0
.0
.0
-.2
.4Nondurable
-3.9
-.5
.6
.1
1.0
.0
.0
.0
.2
.1Business equipment
-18.1
8.3
5.6
7.5
3.6
.0
-.1
-.1
-.8
-.1Defense and space equipment
-4.2
7.9
-3.4
4.7
2.4
.1
.4
.2
-.6
.4Construction supplies
-22.9
3.7
3.0
4.6
4.2
.0
.0
.0
-.6
-.2Business supplies
-10.4
2.3
1.0
1.8
2.0
.0
.0
-.1
.4
.3Materials
-11.3
8.8
4.7
4.5
3.2
.0
.0
.0
.4
.5Non-energy
-16.6
11.6
5.3
4.7
2.9
.0
.0
.0
.6
.9Energy
-2.4
4.2
3.8
4.3
3.8
.0
.0
.0
.1
-.1INDUSTRY GROUPManufacturing[2]
-13.6
6.1
3.4
4.1
2.6
.0
.0
.0
.2
.4Manufacturing (NAICS)
-13.6
6.6
3.6
4.4
2.9
.0
.0
.0
.1
.4Durable manufacturing
-18.6
11.0
6.8
7.3
4.5
.0
.0
.0
.2
.6Nondurable manufacturing
-7.7
2.2
.2
1.2
1.2
.0
.0
.0
.1
.1Other manufacturing (non-NAICS)
-13.7
-5.3
-2.8
-2.0
-5.3
.0
.0
-.7
1.6
.3Mining
-5.4
5.2
6.1
6.3
4.7
.0
.0
.0
.0
-.1Utilities
-2.5
3.6
-.2
-2.1
2.1
.0
.0
.0
.0
.2     Return to table   Return to table                 Return to top
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IIA

107TH CONGRESS

1ST SESSION H. J. RES. 76

IN THE SENATE OF THE UNITED STATES

DECEMBER 5, 2001

Received

JOINT RESOLUTION

Making further continuing appropriations for the fiscal year

2002, and for other purposes.

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled,

3 That Public Law 107–44 is further amended by striking
2

HJ 76 RDS

1 the date specified in section 107(c) and inserting in lieu

2 thereof ‘‘December 15, 2001’’.

Passed the House of Representatives December 5,

2001.

Attest: JEFF TRANDAHL,

Clerk.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                             137
<SECURITIES>                                         0
<RECEIVABLES>                                   93,184
<ALLOWANCES>                                     1,114
<INVENTORY>                                     44,055
<CURRENT-ASSETS>                               192,601
<PP&E>                                       2,150,580
<DEPRECIATION>                                 828,079
<TOTAL-ASSETS>                               1,687,263
<CURRENT-LIABILITIES>                           86,443
<BONDS>                                        627,821
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     16,378
<COMMON>                                       447,700
<OTHER-SE>                                     265,809
<TOTAL-LIABILITY-AND-EQUITY>                 1,687,263
<SALES>                                        357,095
<TOTAL-REVENUES>                               357,095
<CGS>                                          209,926
<TOTAL-COSTS>                                  271,607
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              24,362
<INCOME-PRETAX>                                 67,631
<INCOME-TAX>                                    21,532
<INCOME-CONTINUING>                             46,099
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    46,099
<EPS-PRIMARY>                                     0.00<F1>
<EPS-DILUTED>                                     0.00<F1>
<FN>
<F1>*All common stock is owned by parent, no EPS required.
</FN>
        

</TABLE>
[Federal Register Volume 73, Number 175 (Tuesday, September 9, 2008)]
[Notices]
[Page 52395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20645]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the 
Macromolecular Structure and Function C Study Section, October 6, 2008, 
8 a.m. to October 7, 2008, 6 p.m., Georgetown Suites, 1111 30th Street, 
NW., Washington, DC 20007 which was published in the Federal Register 
on August 21, 2008, 73 FR 49465-49467.
    The meeting will be held one day only October 6, 2008. The meeting 
time and location remains the same. The meeting is closed to the 
public.

    Dated: August 28, 2008.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E8-20645 Filed 9-8-08; 8:45 am]
BILLING CODE 4140-01-M