alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Diana B., Respondent, v Lorry B., Appellant.

[976 NYS2d 115]

In a proceeding pursuant to Family Court Act article 6, the mother appeals, as limited by her brief, from so much of an order of the Family Court, Nassau County (Stack, J.H.O.), dated June 11, 2012, as, after a hearing, granted the maternal grandmother’s amended petition for custody of the subject child.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

In a child custody dispute between a parent and a nonparent, the parent has a superior right to custody that cannot be denied unless the nonparent establishes that the parent has relinquished that right due to surrender, abandonment, persistent neglect, unfitness, or other extraordinary circumstances *(see*
      *928
      *Matter of Bennett v Jeffreys, 40*NY2d 543, 548 [1976]; *Matter of North v Yeagley,*96 AD3d 949, 950 [2012]; *Matter of Flores v Flores,*91 AD3d 869, 869-870 [2012]; *Matter of Ruiz v Travis,*84 AD3d 1242 [2011]; *Matter of Souza v Bennett,*81 AD3d 836 [2011]; *Matter of LaBorde v Pennington,*60 AD3d 950, 951 [2009]; *Matter of Silverman v Wagschal,*35 AD3d 747, 748 [2006]; *Matter of Dellolio v Tracy,*35 AD3d 737, 737-738 [2006]; *Matter of Campo v Chapman,*24 AD3d 439 [2005]). Only if the nonparent meets this burden does the court determine whether the best interests of the child warrant awarding custody to the nonparent *(see Matter of Bennett v Jeffreys,*40 NY2d at 548; *Matter of Revis v Marzan,*100 AD3d 1004, 1005 [2012]; *Matter of North v Yeagley,*96 AD3d at 950; *Matter of Jumper v Hemphill,*75 AD3d 507, 508 [2010]; *Matter of Wilson v Smith,*24 AD3d 562, 563 [2005]; *Matter of Campo v Chapman,*24 AD3d at 440).

Contrary to the mother’s contention, the Family Court properly determined that the maternal grandmother sustained her burden of demonstrating the existence of extraordinary circumstances. The evidence before the Family Court, which included testimony regarding the unstable and unsafe living situation the mother created for the subject child through her drug use and her physically and verbally abusive behavior toward the child, demonstrated the existence of extraordinary circumstances *(see Matter of North v Yeagley,*96 AD3d at 950; *Matter of Robinson v McNair,*90 AD3d 759, 760 [2011]). Moreover, the Family Court’s determination that an award of custody to the maternal grandmother would be in the best interests of the child is supported by a sound and substantial basis in the record *(see Matter of North v Yeagley,*96 AD3d at 950; *Matter of Flores v Flores,*91 AD3d at 870). Rivera, J.E, Dillon, Roman and Miller, JJ., concur.
**2014 ATGS Cadre Members/GA Representatives**
#### SOUTHWIRE COMPANY, Plaintiff-Appellee, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA, Defendant-Appellant.

No. 08-14973

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

April 29, 2009.

Stephen James Rapp, John C. Bonnie, Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, GA, Chip G. Schoneberger, Bates & Carey LLP, Barbara I. Michae-lides, Chicago, IL, for Defendant-Appellant.

William D. Barwick, Drew David Drop-kin, Juanita Passyn, Sutherland, Asbill *&*Brennan, Atlanta, GA, Plaintiff-Appellee.

Before DUBINA, HULL and PRYOR, Circuit Judges.

PER CURIAM:

After review and careful consideration, we affirm the district court’s grant of Plaintiff-Appellee Southwire Company’s motion for summary judgment and denial of Defendant-Appellant National Union Fire Insurance Company of Pittsburgh, PA’s motion for summary judgment on the breach of contract and prejudgment interest counts for the reasons outlined in the district court’s thorough and well-reasoned order dated July 24, 2008.

AFFIRMED.
<PAGE>
                                                                     EXHIBIT 11

                            COMPUTATION OF EARNINGS
                                   PER SHARE


<TABLE>
<CAPTION>
<S>                                                           <C>          <C>          <C>          <C>           <C>
                                                                JUNE 1993    JUNE 1994    JUNE 1995    JUNE 1996     JUNE 1997
                                                                ---------    ---------    ---------    ---------     ---------
Net loss..................................................      2,091,903    2,303,940    2,381,065    9,819,980     36,720,855
Plus: Interest attributable to convertible debt...........         --           --           27,646      131,532         --
                                                               ----------   ----------   ----------   ----------     ----------
Adjusted Net Loss.........................................      2,091,903    2,303,940    2,353,419    9,688,448     36,720,855
                                                               ==========   ==========   ==========   ==========     ==========

Weighted Average Shares...................................      1,295,910    1,313,737    1,353,675    2,185,017      7,231,401
Plus: Incremental shares (1)..............................      1,344,477    1,344,477    1,344,477    1,344,477         --
                                                               ----------   ----------   ----------   ----------     ----------
Weighted average common shares outstanding (2)............      2,640,387    2,658,214    2,698,152    3,529,494      7,231,401
                                                               ==========   ==========   ==========   ==========     ==========

Loss per common share.....................................            .79          .87          .87         2.74           5.08
</TABLE>

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

(1)  Represents the incremental shares for options, warrants and other
     potentially dilutive securities granted to purchase Common Stock at an
     exercise price below the initial public offering price of $10 per share
     within one year prior to the effective date of the initial public
     offering.

(2)  The effect of the assumed exercise of stock options, warrants and other
     potentially dilutive securities which were issued in periods prior to the
     one-year period prior to the effective date of the initial public
     offering is not included in the weighted average number of shares of
     Common Stock outstanding because the effect is anti-dilutive.
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.                  

###### National Foundation on the Arts and the Humanities

Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), as amended, notice is hereby given that one meeting of the Arts Advisory Panel to the National Council on the Arts will be held by teleconference from the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., Washington, DC, 20506. This meeting, originally announced for May 22, 2009, had to be rescheduled on an emergency basis to review applications for funding under the American Recovery and Reinvestment Act of 2009 as follows (ending time is approximate): Learning in the Arts for Children and Youth (application review): May 28, 2009. This meeting, from 10 a.m. to 12:30 p.m., will be closed.

The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of February 28, 2008, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of Title 5, United States Code.

Further information with reference to these meetings can be obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506, or call 202/682-5691.

Dated: May 21, 2009.

Kathy Plowitz-Worden,

Panel Coordinator, Panel Operations, National Endowment for the Arts.

[FR Doc. E9-12294 Filed 5-22-09; 8:45 am]

BILLING CODE 7537-01-P
#### State v. Thai

Case below: 175 N.C. App. 249

No. 007P06

1. AG’s Motion for Temporary Stay (COA05-347)

2. AG’s Petition for Writ of Supersedeas

3. AG’s PDR Under N.C.G.S. § 7A-31

1. Allowed 360 N.C. 295

2. Allowed 12/19/06

3. Allowed 12/19/06
# Fourth Court of Appeals **San Antonio, Texas** January 23, 2023 No. 04 - 23 - 0 0029 - CR IN RE Javier Ahedo ARIAS , Original Mandamus Proceeding ORDER Relator s moved to consolidate this original proceeding with Cause Nos. 04 - 23 - 00028 - CR , 04 - 23 - 00029 - CR , 04 - 23 - 00030 - C R, 04 - 23 - 00031 - CR , 04 - 23 - 00032 - CR , 04 - 23 - 00033 - CR , 04 - 23 - 00034 - CR , 04 - 23 - 00035 - CR , 04 - 23 - 00036 - CR , 04 - 23 - 00037 - CR , 04 - 23 - 00038 - CR , 04 - 23 - 00039 - CR , 04 - 23 - 00040 - CR , 04 - 23 - 0 0041 - CR , 04 - 23 - 00042 - CR , 04 - 23 - 00043 - CR , 04 - 23 - 00044 - CR , 04 - 23 - 00045 - CR , 04 - 23 - 00046 - CR , 04 - 23 - 00047 - CR , and 04 - 23 - 00051 - CR . Real party in interest is not opposed to the motion s . Having considered the motions, we GRANT relators ’ motions to consolidate. W e ORDER Cause Nos. 04 - 23 - 0002 8 - CR , 04 - 23 - 00029 - CR, 04 - 23 - 00030 - CR, 04 - 23 - 00031 - CR, 04 - 23 - 00032 - CR, 04 - 23 - 00033 - CR, 04 - 23 - 00034 - CR, 04 - 23 - 00035 - CR, 04 - 23 - 00036 - CR, 04 - 23 - 00037 - CR, 04 - 23 - 00038 - CR, 04 - 23 - 00039 - CR, 04 - 23 - 00040 - CR, 04 - 23 - 00041 - CR, 04 - 23 - 00042 - C R, 04 - 23 - 00043 - CR, 04 - 23 - 00044 - CR, 04 - 23 - 00045 - CR, 04 - 23 - 00046 - CR, 04 - 23 - 00047 - CR, and 04 - 23 - 00051 - CR , consolidated for purposes of briefing and argument , if any . The parties must file any motions and briefs as if the proceedings were one; however, all cau se numbers must be included on the documents. The court will dispose of the original proceedings with separate orders and opinions except to the extent the original proceedings involve the same defendant. It is so ORDERED on January 23, 2023 . PER CURIAM

ATTESTED TO : _____________________________ Michael A. Cruz , Clerk of Court
<PAGE>   1
                                  EXHIBIT 24.1

                            SPECIAL POWER OF ATTORNEY

           The undersigned constitutes and appoints Vincent Hren and William
Crowell, and each of them, his true and lawful attorney-in-fact and agent with
full power of substitution and resubstitution, for him and in his name, place,
and stead, in any and all capacities, to sign the Annual Report on Form 10-K for
the fiscal year ended December 31, 2000, for filing with the Securities and
Exchange Commission by Microtest, Inc., a Delaware corporation, together with
any and all amendments to such Form 10-K, and to file the same with all exhibits
thereto, and all documents in connection therewith, with the Securities and
Exchange Commission, granting to such attorneys-in-fact and agents, and each of
them, full power and authority to do and perform each and every act and thing
requisite and necessary to be done in and about the premises, as fully and to
all intents and purposes as he might or could do in person, hereby ratifying and
confirming all that such attorneys-in-fact and agents, or each of them, may
lawfully do or cause to be done by virtue hereof.

           DATED:    March 27, 2001



            /s/ Kent C. Mueller
           -----------------------------

           Kent C. Mueller
Notice: This opinion is subject to formal revision before publication in the

Atlantic and Maryland Reporters. Users are requested to notify the Clerk of the Court of any formal errors so that corrections may be made before the bound volumes go to press.

DISTRICT OF COLUMBIA COURT OF APPEALS

No. 18

- BS

- 1104

IN RE BRUCE B. MCLEOD, III

Respondent

. Board Docket No. 18

- B D

- 086 Bar Registration Number 978256 DDN: 261

- 11 & 098

- 13

BEFORE: Beckwith and Easterly , Associate Judges

, and Farrell , Senior Judge.

O R D E R (FILED

– October 25 , 2018)

On consideration of the affidavit of Bruce B. McLeod, III , wherein he consents to disbarment from the bar of the District of Columbia pursuant to D.C. Bar Rule XI, § 12, which affidavit has been filed with th e Clerk of this cou rt, and the Report and R ecommendation of the Board on Professional Responsibility, it is

ORDERED that the said Bruce B. McLeod, III is hereby disbarred by

consent

.

The Clerk shall publish this order, but the affidavit shall not be publicly disclosed or otherwise made available except upon order of the court or upon written consent of the respondent.

The Clerk shall cause a copy of this order to be transmitted to the Chairman of the Board on Professional Responsibility and to the respondent, thereby giving him notice of the provisions of Rule XI, §§ 14 and 16, which set forth certain rights and responsibilities of disbarred attorneys and the effect of failure to comply

therewith.

PER CURIAM
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       9,469,418
<SECURITIES>                                         0
<RECEIVABLES>                                4,307,247
<ALLOWANCES>                                   159,275
<INVENTORY>                                  1,581,144
<CURRENT-ASSETS>                            16,622,737
<PP&E>                                       4,227,823
<DEPRECIATION>                               3,621,759
<TOTAL-ASSETS>                              17,295,538
<CURRENT-LIABILITIES>                        1,766,339
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       230,896
<OTHER-SE>                                  15,298,302
<TOTAL-LIABILITY-AND-EQUITY>                17,295,538
<SALES>                                     17,888,609
<TOTAL-REVENUES>                            18,054,091
<CGS>                                        4,652,026
<TOTAL-COSTS>                               15,790,167
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              64,797
<INCOME-PRETAX>                              2,534,577
<INCOME-TAX>                               (1,032,692)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,567,269
<EPS-BASIC>                                       0.16
<EPS-DILUTED>                                     0.14


</TABLE>
[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Page 26697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12941]


=======================================================================
-----------------------------------------------------------------------

FARM CREDIT SYSTEM INSURANCE CORPORATION


Regular Meeting

AGENCY: Farm Credit System Insurance Corporation Board.

SUMMARY: Notice is hereby given of the regular meeting of the Farm 
Credit System Insurance Corporation Board (Board).

Date and Time:  The meeting of the Board will be held at the offices of 
the Farm Credit Administration in McLean, Virginia, on June 10, 2009, 
from 9 a.m. until such time as the Board concludes its business.

FOR FURTHER INFORMATION CONTACT: Roland E. Smith, Secretary to the Farm 
Credit System Insurance Corporation Board, (703) 883-4009, TTY (703) 
883-4056.

ADDRESSES: Farm Credit System Insurance Corporation, 1501 Farm Credit 
Drive, McLean, Virginia 22102.

SUPPLEMENTARY INFORMATION: Parts of this meeting of the Board will be 
open to the public (limited space available) and parts will be closed 
to the public. In order to increase the accessibility to Board 
meetings, persons requiring assistance should make arrangements in 
advance. The matters to be considered at the meeting are:

Closed Sesson

    <bullet> FCSIC Report on System Performance

Open Session

A. Approval of Minutes

    <bullet> March 24, 2009 (Open and Closed)

B. Business Reports

    <bullet> FCSIC Financial Report
    <bullet> Report on Insured Obligations
    <bullet> Quarterly Report on Annual Performance Plan

C. New Business

    <bullet> Mid-Year Review of Insurance Premium Rates

    Dated: May 28, 2009.
Roland E. Smith,
Secretary, Farm Credit System Insurance Corporation Board.
[FR Doc. E9-12941 Filed 6-2-09; 8:45 am]
BILLING CODE 6710-01-P
Exhibit 32

CERTIFICATIONS

|                                                                  |     |                                                                                                                                                                                                                    
|----------------------------------------------------------------- | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|The undersigned certify pursuant to 18 U.S.C. Section 1350, that:
|                                                                  |     |                                                                                                                                                                                                                    
|                                                                  | (1) | The accompanying Rimage Corporation Annual Report on Form 10-K for
 the period ended December 31, 2010, 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 accompanying report fairly presents,
 in all material respects, the financial condition and results of operations
 of the Company.                                                

|                |                                                                  
|--------------- | -----------------------------------------------------------------
|March 14,
 2011 | /s/ Sherman
 L. Black                                            
|                | President,
 Chief Executive Officer and 
 Chief Operating Officer
|                |                                                                  
|                | /s/ James R.
 Stewart                                            
|                | Chief
 Financial Officer                                         

58

---
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2696 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2696

     To extend the temporary suspension of duty on Pigment Red 187.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2009

  Mr. Reed (for himself and Mr. Whitehouse) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
     To extend the temporary suspension of duty on Pigment Red 187.

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

SECTION 1. PIGMENT RED 187.

    (a) In General.--Heading 9902.32.22 of the Harmonized Tariff 
Schedule of the United States (relating to Pigment Red 187) is amended 
by striking ``12/31/2009'' and inserting ``12/31/2011''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<PAGE>

                                                                    Exhibit 32.3

             CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER

      Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Books-A-Million, Inc.
(the "Company") hereby certifies, to the best of such officer's knowledge, that:

      (i) the accompanying Annual Report on Form 10-K of the Company for the
   fiscal year ended January 29, 2005 (the "Report") fully complies with the
   requirements of Section 13(a) or Section 15(d), as applicable, of the
   Securities Exchange Act of 1934, as amended; and

      (ii) the information contained in the Report fairly presents, in all
   material respects, the financial condition and results of operations of the
   Company.

   Dated: April 28, 2005               /s/ Sandra B. Cochran
                                       ------------------------------
                                       Sandra B. Cochran
                                       President and Chief Executive Officer