alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18
- 72 65

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. BRIAN PETER ZATER, a/k/a Angel L , Defendant

- Appellant

.

Appeal from the United States District Court for the District of South Carolina , at Columbia

. Cameron McGowan Currie , Senior District Judge. ( 3:00

- cr - 00626

- CMC

- 2; 3:02

- cv - 00958

- HMH )

Submitted : January 17, 2019 Decided: January 23, 2019

Before WILKINSON and DUNCAN , Circuit Judges , and HAMILTON, Senior Circuit Judge.

Dismissed by un published per curiam opinion

. Brian Peter Zater, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Brian Peter Zater seeks to appeal the district court’s order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). 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) (2012). Wh en the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322,
336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a deba table claim of the denial of a constitutional right. Slack , 529 U.S. at
484

- 85. We have independently reviewed the record and conclude that Zater has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the ap peal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
Exhibit 35.1

 

**Servicer’s Certificate of Compliance**

 

Re:  Assessment of compliance for services provided pursuant to the Series Supplement (the “**Agreement**”) dated February 15, 2007 made between Commonwealth Bank of Australia ABN 48 123 123 124 (the “**Servicer**”), Homepath Pty Limited ABN 35 081 986 530,  Securitisation Advisory Services Pty Limited ABN 88 064 133 946  and Perpetual Trustee Company Limited ABN 42 000 001 007. 

 

The undersigned hereby certifies that:

 

|   | 1. | I, Leanne Leong, am an authorised officer of the Servicer. |
|--------|----|------------------------------------------------------------|

 

|   | 2. | A review of the Servicer’s activities during the period from February 27, 2007 (date of issuance of the Medallion 2007-1G Series Trust) through June 30, 2007 (the “**Reporting Period**”), and of its performance under the Agreement has been made under my supervision. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 3. | To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period. |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

Date     3 September 2007           

 

 

    /s/ Leanne Leong                     

 

Leanne Leong

General Manager Structured Finance

Commonwealth Bank of Australia
exv10w27



 





Exhibit 10.27




SUMMARY OF OUTSIDE DIRECTOR COMPENSATION



As of June 14, 2007, Directors of IXYS Corporation that are not employees, commonly referred to as
outside directors, received cash compensation on the following basis:




	 	 	 	 	 
	Annual Retainer for each Director
	 	$	25,000	 
	Additional Annual Retainer for the Chairman of the
Audit Committee
	 	$	7,500	 
	Compensation Committee
	 	$	4,000	 
	Nominating Committee
	 	$	4,000	 
	Director’s Fee for each Board of Directors meeting
	 	$	1,000	 
	Director’s Fee for each Committee meeting
	 	$	600
[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Page 23215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11433]



[[Page 23215]]

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,943]


Dana Holding Corporation, Sealing Products Group, Including On-
Site Temporary Agency Workers from Pomeroy, Paris, TN; Amended 
Certification Regarding Eligibility To Apply for Worker Adjustment 
Assistance and Alternative Trade Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as 
amended, the Department of Labor issued a Certification of Eligibility 
to Apply for Worker Adjustment Assistance and Alternative Trade 
Adjustment Assistance on November 3, 2008, applicable to workers of 
Dana Holding Corporation, Sealing Products Group, Paris, Tennessee. The 
notice was published in the Federal Register on November 25, 2008 (73 
FR 71696).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers produce 
composite covers and rubber gaskets for the automotive industry.
    The intent of the Department's certification is to include all 
workers of the subject firm adversely affected by the shift in 
production of rubber gaskets to Mexico.
    New information shows that temporary agency workers from Pomeroy 
were employed on-site at the Paris, Tennessee, location of Dana Holding 
Corporation, Sealing Products Group. The Department has determined that 
these workers were sufficiently under the control of the subject firm.
    Based on these findings, the Department is amending this 
certification to include temporary agency employees of Pomeroy working 
on-site at the subject firm.
    The amended notice applicable to TA-W-63,943 is hereby issued as 
follows:

    ``All workers of Dana Holding Corporation, Sealing Products 
Group, Paris, Tennessee, including on-site temporary agency workers 
from Pomeroy, who became totally or partially separated from 
employment on or after August 27, 2007 through November 3, 2010, are 
eligible to apply for adjustment assistance under Section 223 of the 
Trade Act of 1974, and are also eligible to apply for alternative 
trade adjustment assistance under Section 246 of the Trade Act of 
1974.''

    Signed in Washington, DC, this 5th day of May 2009.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-11433 Filed 5-15-09; 8:45 am]
BILLING CODE 4510-FN-P
EX-10.04A



 





Exhibit 10.04a




AMENDMENT TO THE

MONRO MUFFLER BRAKE, INC.

RETIREMENT PLAN



WHEREAS, Monro Muffler Brake, Inc. (the “Employer”) adopted the Monro Muffler Brake, Inc.
Retirement Plan (the “Plan”) for the benefit of its eligible employees; and
WHEREAS, the Employer wishes to amend the Plan;
NOW, THEREFORE, the Plan is hereby amended as follows:




     1. The list of Code Sections in Item (1) of the second paragraph of Section 1.26 of
the Plan is amended to include “Section 402(g)(3),” effective for limitation years beginning after
December 31, 1997.



     2. A new paragraph is added to the end of Section 3.4(c) to read as follows,
effective for limitation years beginning after December 31, 1997:




For limitation years beginning on and after December 31, 1997, for purposes of
applying the limitations described in this Section 3.4 of the Plan, compensation
paid or made available during such limitation years shall include any elective
deferral (as defined in Section 402(g)(3) of the Code).



     3. The third paragraph of Section 4.2 is amended to read as follows, effective April
1, 2002:




If an Employer contribution is conditioned upon initial qualification of the Plan
under Code §401(a), and if the Plan does not so qualify (and provided that the
application for determination relating to initial qualification is filed by the
due date of the Employer’s return for the taxable year in which the Plan was
adopted), then this Section shall not prohibit the return of such contribution to
the Employer within 1 year after the date of denial of qualification of the Plan.




     4. Exhibit B of the Plan is amended to read as follows, effective April 1, 1995:



EXHIBIT B

FACTORS FOR CALCULATION OF LUMP SUMS AND SECTION 415 LIMITATIONS




Mortality:





The Applicable Mortality Table as defined under Treasury Regulations §1.417(e)-1 (or
successor Regulations).



Interest:





The annual interest rate on 30-year Treasury securities as specified by the Commissioner
for the month of February preceding the Plan Year of the distribution. For purposes of
these assumptions, February shall be the “lookback month” and the Plan Year shall be the
“stability period” as defined under Treasury Regulations §1.417(e)-1.


IN WITNESS WHEREOF, the Employer has caused this Amendment to be executed this 31 day of July,
2002.




	 	 	 	 	 
	 	MONRO MUFFLER BRAKE, INC.

 	 
	 	By:  	/s/ Catherine D’Amico
 	 
	 	 	Title: Executive Vice President — Chief Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

BRANDON THOMPSON,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 213 WAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 14th day of December, 2022, the Petition for Allowance of Appeal

is DENIED.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 52 Introduced in Senate (IS)]

  1st Session
                                 S. 52

  To direct the Secretary of the Interior to convey a parcel of real 
                    property to Beaver County, Utah.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2005

   Mr. Hatch introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
  To direct the Secretary of the Interior to convey a parcel of real 
                    property to Beaver County, Utah.

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

SECTION 1. CONVEYANCE TO BEAVER COUNTY, UTAH.

    (a) In General.--As soon as practicable after the date of enactment 
of this Act, the Secretary of the Interior shall, without consideration 
and subject to valid existing rights, convey to Beaver County, Utah 
(referred to in this Act as the ``County''), all right, title, and 
interest of the United States in and to the approximately 200 acres 
depicted as ``Minersville State Park'' on the map entitled ``S. 2285, 
Minersville State Park'' and dated April 30, 2004, for use for public 
recreation.
    (b) Reconveyance by Beaver County.--
            (1) In general.--Notwithstanding subsection (a), Beaver 
        County may sell, for not less than fair market value, a portion 
        of the property conveyed to the County under this section, if 
        the proceeds of such sale are used by the County solely for 
        maintenance of public recreation facilities located on the 
        remainder of the property conveyed to the County under this 
        section.
            (2) Limitation.--If the County does not comply with the 
        requirements of paragraph (1) in the conveyance of the property 
        under that paragraph--
                    (A) the County shall pay to the United States the 
                proceeds of the conveyance; and
                    (B) the Secretary of the Interior may require that 
                all property conveyed under subsection (a) (other than 
                the property sold by the County under paragraph (1)) 
                revert to the United States.
                                 <all>
```
```

[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Notices]
[Page 22887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11408]

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

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

Malcolm Baldrige National Quality Award Board of Overseers

AGENCY: National Institute of Standards and Technology; Department of 
Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, 5 U.S.C. app. 
2, notice is hereby given that there will be a meeting of the Board of 
Overseers of the Malcolm Baldrige National Quality Award on June 17, 
2009. The Board of Overseers is composed of eleven members prominent in 
the fields of quality, innovation, and performance excellence and 
appointed by the Secretary of Commerce, assembled to advise the 
Secretary of Commerce on the conduct of the Baldrige Award. The purpose 
of this meeting is to discuss and review information received from the 
National Institute of Standards and Technology with the members of the 
Judges Panel of the Malcolm Baldrige National Quality Award. The agenda 
will include: Baldrige Program Strategic Plan, Initiation of Two 
Contracts, and Baldrige Collaborative and ``Trifecta'' (Baldrige 
Program, Baldrige Foundation, and the Alliance for Performance 
Excellence) Activities.

DATES: The meeting will convene June 17, 2009, at 8:30 a.m. and adjourn 
at 3 p.m. on June 17, 2009.

ADDRESSES: The meeting will be held at the National Institute of 
Standards and Technology, Administration Building, Lecture Room B, 
Gaithersburg, Maryland 20899. All visitors to the National Institute of 
Standards and Technology site will have to pre-register to be admitted. 
Please submit your name, time of arrival, e-mail address and phone 
number to Diane Harrison no later than Tuesday, June 16, 2009, and she 
will provide you with instructions for admittance. Ms. Harrison's e-
mail address is [email protected] and her phone number is (301) 
975-2361.

FOR FURTHER INFORMATION CONTACT: Dr. Harry Hertz, Director, National 
Quality Program, National Institute of Standards and Technology, 
Gaithersburg, Maryland 20899, telephone number (301) 975-2361.

    Dated: May 12, 2009.
Patrick Gallagher,
Deputy Director.
[FR Doc. E9-11408 Filed 5-14-09; 8:45 am]
BILLING CODE 3510-13-P
```
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT NAR C R ISSUS SW ANIGAN, Plaintiff - Appe lla nt, v. DAVID B AILEY; e t a l., De fe nda

nts - Appe lle e s. No. 12-36002 D.C . No. 2:11-c v-05073-EFS M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of W a shington Edwa rd F. She a , Distric t

Judge , Pre siding Subm itte d De c e m

be r 17, 2013 ** B e fore : GOODW IN, WALLAC E, a nd GR AB ER , C irc uit Judge s. W a shington sta

te prisone r Narc rissus Swa n i ga n a ppe a ls pro se from

the distric t c o urt’ s sum

m ary judgm e nt in his 42 U.S.C . § 1983 a c t ion a lle g ing tha t prison offic ia ls re ta lia

t e d a ga inst him . W e hav e jurisdic tion unde r 28 U.S.C . 

# FIL ED JAN 02 2014 M OLLY C. DW Y ER, CLERK U . S . CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).U.S.C . § 1291. W e re v ie w de n ovo, Brodhe im v . C ry , 584 F.3d 1262, 1267 (9th C ir. 2009), a

nd we a ffirm . The distric t c ourt prope rly grante d sum

m a ry judgm e nt be c a

use Swaniga

n fa ile d to ra ise a

ge nuine disputeof m ate ria l fa c t a s to whe the r de fe nda nts re ta lia te d a ga inst him

for c om pla ining a bout a lle ge d sta ff m isc onduc t. Se eid . at 1269 (se tting forth the

e le m e nts of a

First Am e ndm e nt re ta lia

tion c la i m in the prison c onte xt); Villiarimo v. Aloha Island Air, Inc . , 281 F.3d 1054, 1061 (9th C ir. 2002) (unc orroborate d a

nd se lf-se rving te stim o ny doe s not ra ise a

ge nuine disputeof fa c t ). The distric t c ourt did not a buse its disc re tion by

de ny i ng Swa

niga n ’ s m otion for re c onside ration be c a

use Swaniga

n fa i le d to e sta

blish grounds wa

rranting re c o nside ration. Se eSc h. Dist. N o. 1J , Multnomah C

nty ., Or., v . AC

andS, Inc ., 5 F.3d 1255, 1262-63 (9th C ir. 1993) (se tting forth sta nda rd of re vie w a

nd fa c tors for re c o nside ration unde r Fe d. R . C iv. P. 60(b)). W e re je c t Swa niga n’ s c onte ntions tha

t the c ourt we ighe d e v ide nc e , m a de c re d ibility

findings a

nd fa ile d to c onside r e vide nc e Swan iga n subm itte d. W e do not c onside r m atte rs not spe c ific a lly an d distinc tly

ra i se d a nd a rgue d in the ope ning brie f, or a

rgum e nts a

n d a lle g ations ra ise d for the first tim e on

1 2 - 3 6 0 0 2 2a

ppe a l. Se ePadge tt v . W

right , 587 F.3d 983, 985 n.2 (9th C ir. 2008) (pe r c uriam ). AFFIRM E D.

1 2 - 3 6 0 0 2 3
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
UNAUDITED CONDENSED STATEMENTS OF ASSETS, LIABILITIES AND TRUST CORPUS OF
PERMIAN BASIN ROYALTY TRUST AS OF MARCH 31, 1999, AND THE RELATED CONDENSED
STATEMENTS OF DISTRIBUTABLE INCOME AND CHANGES IN TRUST CORPUS FOR THE
THREE-MONTH PERIOD ENDED MARCH 31, 1999.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                      $1,048,564
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            $1,048,564
<PP&E>                                     $10,975,216
<DEPRECIATION>                              $7,863,708
<TOTAL-ASSETS>                              $4,160,072
<CURRENT-LIABILITIES>                       $1,048,564
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  $3,111,508
<TOTAL-LIABILITY-AND-EQUITY>                $4,160,072
<SALES>                                              0
<TOTAL-REVENUES>                            $1,777,973
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                              $143,663
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             $1,634,310
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         $1,634,310
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                $1,634,310
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
STATEMENTS OF FINANCIAL CONDITION, OPERATIONS, AND CHANGES IN PARTNERS'
CAPITAL AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         486,243
<SECURITIES>                                14,056,215
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            19,008,327
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              19,008,327
<CURRENT-LIABILITIES>                          442,434
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  18,565,893
<TOTAL-LIABILITY-AND-EQUITY>                19,008,327
<SALES>                                              0
<TOTAL-REVENUES>                             4,328,655
<CGS>                                                0
<TOTAL-COSTS>                                1,578,302
<OTHER-EXPENSES>                               434,791
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              2,315,562
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,315,562
<EPS-PRIMARY>                                   151.09
<EPS-DILUTED>                                   151.09


</TABLE>