alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-6912

DEVINCHE ALBRITTON,

Plaintiff - Appellant,

v.

GENE M. JOHNSON, Director of Virginia Department of 

Corrections; JOHN DOE, Virginia Department of Corrections 

Health Services Director; DAVID B. EVERETT, Warden of Sussex 

II State Prison; MS. WANDA ROLLINS, Sussex II State Prison 

Operations Officer and Law Library Supervisor; OFFICER CRIS, 

former Sergeant Cris, now Officer Cris; MS. MASSENBURG, 

Grievance Coordinator; JANE DOE, The Office Service 

Specialist,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Jerome B. Friedman, District 

Judge. (2:07-cv-00356-JBF-FBS)

Submitted: November 18, 2010 Decided: December 1, 2010

Before SHEDD and AGEE, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

DeVinche Albritton, Appellant Pro Se. Mark R. Davis, Assistant 

Attorney General, Richmond, Virginia, for Appellees.
2

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

DeVinche Albritton appeals the district court’s order 

denying his Fed. R. Civ. P. 60(b)(2) motion for relief from 

judgment. We have reviewed the record and find no reversible 

error. Accordingly, we affirm for the reasons stated by the 

district court. See Albritton v. Johnson, No. 2:07-cv-00356-

JBF-FBS (E.D. Va. filed June 16, 2010; entered June 17, 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
I 

108TH CONGRESS 

2D SESSION H. R. 4638

To amend the Federal Water Pollution Control Act to impose limitations 

on wetlands mitigation activities carried out through the condemnation 

of private property. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 22, 2004

Mrs. JO ANN DAVIS of Virginia introduced the following bill; which was 

referred to the Committee on Transportation and Infrastructure 

A BILL

To amend the Federal Water Pollution Control Act to impose 

limitations on wetlands mitigation activities carried out 

through the condemnation of private property.

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 ‘‘Rural America Protec5 tion Act of 2004’’. 
2

•HR 4638 IH 

1 SEC. 2. LIMITATIONS ON WETLANDS MITIGATION 

2 THROUGH CONDEMNATION. 

3 Section 404 of the Federal Water Pollution Control 

4 Act (33 U.S.C. 1344) is amended by adding at the end 

5 the following: 

6 ‘‘(u) LIMITATIONS ON WETLANDS MITIGATION

7 THROUGH CONDEMNATION.—

8 ‘‘(1) IN GENERAL.—The Secretary or the State 

9 (in the case of a State administering a permit pro10 gram approved under this section) may not issue a 

11 permit under this section to a Federal, State, or 

12 local entity where compliance with this section is 

13 based on a permit condition requiring mitigation of 

14 adverse impacts to wetlands through the acquisition 

15 of private property for the creation, restoration, or 

16 protection of wetlands if—

17 ‘‘(A) the property is being acquired by con18 demnation; and 

19 ‘‘(B) the property is located outside the 

20 United States Geological Survey 8-digit code 

21 cataloging unit (as defined by the Hydrologic 

22 Unit Map of the United States (U.S.G.S. 

23 1980)) in which the wetland to be impacted by 

24 the permitted activity is located. 

25 ‘‘(2) COMPENSATION OF PRIVATE PROPERTY

26 OWNERS.—Notwithstanding paragraph (1), the Sec-
3

•HR 4638 IH 

1 retary or the State may issue a permit under this 

2 section in the circumstance described in paragraph 

3 (1) if the Federal, State, or local entity acquiring 

4 the property by condemnation provides to the owner 

5 of the property compensation in an amount that 

6 equals or exceeds the greater of—

7 ‘‘(A) the fair market value of the property; 

8 or 

9 ‘‘(B) the average fair market value of a 

10 parcel of property of the size of the property 

11 being acquired in the United States Geological 

12 Survey cataloging unit in which the wetland to 

13 be impacted by the permitted activity is lo14 cated.’’.

Æ
<PAGE>

                                                                    EXHIBIT 99.1

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

      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

I, Elizabeth H. Davila, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of Sarbanes-Oxley Act of 2002, that the Quarterly Report
of VISX, Incorporated on Form 10-Q for the quarterly period ended March 31, 2003
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Quarterly Report
fairly presents in all material respects the financial condition and results of
operations of VISX, Incorporated.

                                               /s/ Elizabeth H. Davila
                                               ---------------------------------
                                               Elizabeth H. Davila
                                               Chief Executive Officer
                                               May 12, 2003

I, Timothy R. Maier, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of Sarbanes-Oxley Act of 2002, that the Quarterly Report
of VISX, Incorporated on Form 10-Q for the quarterly period ended March 31, 2003
fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Quarterly Report
fairly presents in all material respects the financial condition and results of
operations of VISX, Incorporated.

                                               /s/ Timothy R. Maier
                                               ---------------------------------
                                               Timothy R. Maier
                                               Chief Financial Officer
                                               May 12, 2003
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.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than December 26, 2014.

A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:

                    1.                     *The Joseph P. Kennedy and Marybeth Kennedy Trust, and Jay Kennedy, trustee, both of Frankfort, Kansas; Nancy Padden, individually and as trustee of the Nancy C. Padden Trust, and Jon Padden as trustee of the Nancy C. Padden Trust,*                     all of Marysville, Kansas; to retain voting shares of First Frankfort Bancshares, Inc., and thereby retain voting shares of First National Bank in Frankfort, both in Frankfort, Kansas.                

Board of Governors of the Federal Reserve System, December 4, 2014.

Michael J. Lewandowski,

Associate Secretary of the Board.

[FR Doc. 2014-28791 Filed 12-8-14; 8:45 am]

BILLING CODE 6210-01-P
<PAGE>

                                  Exhibit 24
                                  ----------

                       Mercantile Bankshares Corporation
                               Power of Attorney
<PAGE>

                                                                      Exhibit 24

                       MERCANTILE BANKSHARES CORPORATION
                               POWER OF ATTORNEY



     KNOW ALL MEN BY THESE PRESENTS that the undersigned Directors of MERCANTILE
BANKSHARES CORPORATION, a Maryland Corporation, hereby constitute and appoint
EDWARD J. KELLY, III and ALAN D. YARBRO, or either of them acting alone, the
true and lawful agents and attorneys in fact of the undersigned in each case
with full power and authority in either of said agents and attorneys in fact, to
sign for the undersigned and in their respective names as Directors of the
Corporation the Annual Report of the Corporation to the Securities and Exchange
Commission for the year 2000, on Form 10-K, filed under the Securities Exchange
Act of 1934, as amended, and any amendment or amendments to such Form 10-K
hereby ratifying and confirming all acts taken by such agents and attorneys in
fact, or either of them, as herein authorized.

Date:  March 13, 2001

<TABLE>
<S>                                      <C>            <C>
/s/ William J. McCarthy                  Director        /s/ Christian H. Poindexter             Director
---------------------------------                        ----------------------------------
William J. McCarthy                                      Christian H. Poindexter


/s/ George L. Bunting, Jr.               Director        /s/ William R. Brody                    Director
---------------------------------                        -----------------------------------
George L. Bunting, Jr.                                   William R. Brody


/s/ Morton B. Plant                      Director        /s/ Mary Junck                          Director
---------------------------------                        ---------------------------------
Morton B. Plant                                          Mary Junck


/s/ Richard O. Berndt                    Director        /s/ Cynthia A. Archer                   Director
---------------------------------                        ---------------------------------
Richard O. Berndt                                        Cynthia A. Archer


/s/ Robert A. Kinsley                    Director                                                Director
---------------------------------                        _________________________________
Robert A. Kinsley


/s/ Darrell D. Friedman                  Director                                                Director
---------------------------------                        _________________________________
Darrell D. Friedman


/s/ Donald J. Shepard                    Director                                                Director
---------------------------------                        _________________________________
Donald J. Shepard
</TABLE>
<PAGE>   1
                                  UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION

                             WASHINGTON, D.C. 20549

 

                                    FORM 8-K

                                 CURRENT REPORT

                       PURSUANT TO SECTION 13 OR 15(D) OF
                       THE SECURITIES EXCHANGE ACT OF 1934

         Date of Report (Date of earliest event reported): July 21, 1998


                     UNITED COMPANIES FINANCIAL CORPORATION
                    (Exact name as specified in its charter)

<TABLE>
<S>                                     <C>                                <C>
         Louisiana                              1-7067                         71-0430414
(State or other jurisdiction of         (Commission File Number)             (IRS Employer
       incorporation)                                                      Identification No.)
</TABLE>

 4041 Essen Lane, Baton Rouge Louisiana                               70809
(Address of principal executive offices)                             ZipCode

Registrant's telephone number, including area code                (504) 987-0000


                                 Not Applicable
          (Former name or former address, if changed since last report)

<PAGE>   2




Item 5.           Other Events.

         The Registrant files herewith the exhibit listed in Item 7(c) below.

Item 7(c).        Exhibits.

         The following exhibit is furnished in accordance with Item 601 of
Regulation S-K:

                  99     Press Release dated July 21, 1998



                                        2

<PAGE>   3

                                   SIGNATURES




Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.

                                          UNITED COMPANIES FINANCIAL CORPORATION
                                          (Registrant)


Date:     July 22, 1998                   By:     /s/  SHERRY E. ANDERSON
                                               ---------------------------------
                                          Sherry E. Anderson, Senior Vice
                                          President and Secretary



                                        3

<PAGE>   4

                                INDEX TO EXHIBITS

<TABLE>
<CAPTION>
EXHIBIT                                                            SEQUENTIALLY
NO.               EXHIBIT                                          NUMBERED PAGE
-------           -------                                          -------------
<S>               <C>
99                Press Release dated July 21, 1998
</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONSOLIDATED BALANCE SHEET DATED OCTOBER 2, 1998 AND THE CONSOLIDATED
STATEMENT OF INCOME FOR THE NINE MONTHS ENDED OCTOBER 2, 1998 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               OCT-02-1998
<CASH>                                               1
<SECURITIES>                                         0
<RECEIVABLES>                                    5,244
<ALLOWANCES>                                         0
<INVENTORY>                                     16,501
<CURRENT-ASSETS>                                22,675
<PP&E>                                          11,588
<DEPRECIATION>                                   5,321
<TOTAL-ASSETS>                                  30,294
<CURRENT-LIABILITIES>                            5,272
<BONDS>                                          5,684
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             9
<OTHER-SE>                                      19,329
<TOTAL-LIABILITY-AND-EQUITY>                    30,294
<SALES>                                         20,500
<TOTAL-REVENUES>                                20,500
<CGS>                                            6,688
<TOTAL-COSTS>                                    6,688
<OTHER-EXPENSES>                                12,028
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 319
<INCOME-PRETAX>                                  1,468
<INCOME-TAX>                                       455
<INCOME-CONTINUING>                              1,013
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,013
<EPS-PRIMARY>                                     0.11
<EPS-DILUTED>                                     0.09
        

</TABLE>
Exhibit 23


                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



     To the Shareholders of
            ALLTEL Corporation:

     As independent public accountants, we hereby consent to the incorporation
     of our reports dated January 23, 2001 included (or incorporated by
     reference) in this Form 10-K, into the Company's previously filed
     Registration Statements, File Nos. 333-68243, 333-94267, 2-99523, 33-48476,
     33-54175, 33-56291, 33-65199, 333-88907, 333-88923 and 333-90167.

                                                /s/ Arthur Andersen LLP



     Little Rock, Arkansas
     March 1, 2001
Opinion i ssued May 12 , 201 5

In The 

## Court of Appeals For The 

## First District of Texas

NO . 01
- 1 5
- 00109
- CR

____________ MICHAEL WAYNE MCINTOSH , Appellant

V. THE STATE OF TEXAS, Appellee

On Appeal from the 56th District Court Galveston County, Texas Trial Court Cause No
. 13
- CR
- 3003

MEMORANDUM OPINION Appellant, Michael Wayne McIntosh , has filed a motion to dismiss the appeal. See T EX

. R. A PP

. P. 42.2(a). McIntosh has signed the motion to dismiss.
We have not issued a decision in the appeal

.2

Accordingly, we dismiss the appeal. See T EX

. R. A PP

. P. 43.2(f). We dismiss any pending moti ons as moot. We direct the Clerk to issue the mandate within 10 days of the date of this opinion. See T EX

. R. A PP

. P. 18.1.
P ER CURI A M
Panel consists of Justices Jennings, Higley, and Huddle

. Do not publish. T EX

. R. A PP

. P. 47.2( b).
EXHIBIT 21

LIST OF SUBSIDIARIES OF THE COMPANY





|    | COMPANY NAME                            | STATE OF
INCORPORATION/ORGANIZATION       
|--- | --------------------------------------- | ------------------------------------------
|1.  | Eddy Potash, Inc.                       | Mississippi                               
|2.  | Melamine Chemicals, Inc.                | Delaware                                  
|3.  | MissChem (Barbados) SRL                 | Barbados Society With Restricted Liability
|4.  | MissChem Nitrogen, L.L.C.               | Delaware                                  
|5.  | MissChem Trinidad Limited               | The Republic of Trinidad and Tobago       
|6.  | Mississippi Chemical Company, L.P.      | Delaware                                  
|7.  | Mississippi Chemical Holdings, Inc.     | British Virgin Islands                    
|8.  | Mississippi Chemical Management Company | Delaware                                  
|9.  | Mississippi Nitrogen, Inc.              | Delaware                                  
|10. | Mississippi Phosphates Corporation      | Delaware                                  
|11. | Mississippi Potash, Inc.                | Mississippi                               
|12. | Triad Nitrogen, L.L.C.                  | Delaware
<PAGE>

                                                                    EXHIBIT 31.2

Hoolae Paoa
President and Chief Executive Officer

Certification of Principal Financial and Accounting Officer

I, Rose Frawert, certify that:

1. I have reviewed this annual report on Form 10-K of Mid-State Raceway, Inc.
and Subsidiary;

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

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

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

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

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and

c) presented in this annual report our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent
functions):

a) all significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
annual report whether there were significant changes in internal controls or in
other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date: January 10, 2004
/s/ Rose Frawert
Rose Frawert
Principal Financial and Accounting Officer
## Court of Appeals Sixth Appellate District of Texas

J U D G M E N T

Rodrigo Miguel Castelan , Appellant

No. 06

- 23

- 00244

- CR v.

The State of Texas , Appellee Appeal from the 354th District Court of Hunt County, Texas (Tr. Ct. No. 34308CR ). Panel consists of Chief Justice Stevens and Justices van Cleef and Rambin. Memorandum Opinion delivered by Chief Justice Stevens

.

As stated in the Court’s opi nion of this date, we find there was partial error in the judgment of the court below. Therefore, we modify the trial court’s judgment to reflect that Castelan was found guilty of aggravated sexual assault under Section 22.021 of the Texas Penal Code, a first

- degree felony. As modified, we affirm the judgment of the trial court. We note that the appellant, Rodrigo Miguel Castelan , has adequately indicated his inability to pay costs of appeal. Therefore, we waive payment of costs.

RENDERED SEPTEMBER 4, 2024 BY ORDER OF THE COURT SCOTT E. STEVENS CHIEF JUSTICE

ATTEST: Debra K. Autrey , Clerk