alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 97-20126

Summary Calendar

__________________

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

JOSE J. GRAJALES,

 Defendant,

AMIN A. RASHID,

As Assignee for Jose Grajales,

 Movant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-91-CR-211-2

- - - - - - - - - -

April 20, 1999

Before KING, Chief Judge, STEWART, and PARKER, Circuit Judges.

PER CURIAM:*

Federal prisoner Amin A. Rashid, # 30591-066, appeals the

district court’s denial of his motion for relief pursuant to Fed.

R. Civ. P. 60(b)(1),(3) and the denial of his motion to reopen

the time for appeal pursuant to Fed. R. App. P. 4(a)(6). This

court reviews a district court’s decision denying relief under

Rule 60(b) for abuse of discretion. Travelers Ins. Co. v. 
No. 97-20126

-2-

Liljeberg Enter. Inc., 38 F.3d 1404, 1408 (5th Cir. 1994). 

Because Rashid has failed to establish standing to challenge the

forfeiture of the currency, the district court did not abuse its

discretion in denying his Rule 60(b) motion. See United States

v. $321,470 U.S. Currency, 874 F.2d 298, 303 (5th Cir. 1989).

The court need not address Rashid’s remaining arguments in

his brief because he has no standing to sue. Rashid’s motion to

strike the Government’s brief and motion to file a supplemental

appendix are DENIED.

AFFIRMED.
[941 NE2d 1155, 916 NYS2d 578]

#### Pat Roddy, Appellant, v Nederlander Producing Company of America, Inc., et al., Respondents, et al., Defendants. (And a Third-Party Action.)

Decided December 21, 2010

*945APPEARANCES OF COUNSEL

*Queller, Fisher, Washor, Fuchs & Kool, LLP,*New York City *(Jonny Kool*and *Barry A. Washor*of counsel), for appellant.

*Law Offices of Charles J. Siegel,*New York City *(Robert S. Cypher, Jr.,*of counsel), for Nederlander Producing Company of America, Inc., and another, respondents.

*Mischel & Horn, P.C.,*New York City *(Scott T. Horn*of counsel), for Abhann Productions, Inc., respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and plaintiff’s complaint as against defendants

*946Nederlander Producing Company of America, Inc. and The Gershwin Theatre reinstated.

Plaintiff did not have a full and fair opportunity to litigate the issue of defendants’ negligence. The issue of defendants’ negligence was previously determined in an Appellate Division order granting defendants summary judgment on a third-party contractual indemnification claim against plaintiffs employer, third-party defendant Abhann Productions, Inc. Plaintiff had no interest in the outcome of the third-party indemnification claim. Plaintiff thus had neither incentive to litigate the motion for summary judgment nor adequate notice that the issue of defendants’ negligence could be conclusively decided against him. Under these circumstances, the law of the case doctrine does not preclude plaintiff from litigating the issue of defendants’ negligence.

Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur in memorandum.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, etc.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3044 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3044

To amend the Internal Revenue Code of 1986 to extend the deduction for 
             qualified motor vehicle taxes for motor homes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2010

   Mr. Bayh introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to extend the deduction for 
             qualified motor vehicle taxes for motor homes.

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

SECTION 1. EXTENSION OF DEDUCTION FOR QUALIFIED MOTOR VEHICLE TAXES FOR 
              MOTOR HOMES.

    (a) In General.--Subparagraph (G) of section 164(b)(6) of the 
Internal Revenue Code of 1986 is amended by inserting ``(December 31, 
2011, in the case of a motor home)'' after ``December 31, 2009''.
    (b) Inclusion of Recreation Vehicle Trailer and Slide-In Camper.--
Section 164(b)(6)(D) of the Internal Revenue Code of 1986 is amended by 
striking clause (ii) and inserting the following new clauses:
                            ``(ii) Motorcycle.--The term `motorcycle' 
                        has the meaning given such term under section 
                        571.3 of title 49, Code of Federal Regulations 
                        (as in effect on the date of the enactment of 
                        this paragraph).
                            ``(iii) Motor home.--The term `motor home' 
                        has the meaning given such term under section 
                        571.3 of such title, and includes a recreation 
                        vehicle trailer (as defined in section 571.3 of 
                        such title) and a slide-in camper (as defined 
                        in section 575.103 of such title).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to purchases after December 31, 2009, in tax years ending after 
such date.
                                 <all>
```
#### The People of the State of New York, Respondent, v Nafis Wright, Appellant.

Submitted March 21, 2011;

decided March 24, 2011

Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
<PAGE>

 
                                                                      Exhibit 23
                                                                     -----------


                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Forms S-8 Registration Nos. 33-60647, 33-40223, and 2-97434) pertaining to the
1995 Stock Incentive Plan of AMETEK, Inc; 1991 Stock Incentive Plan, 1987
Employees' Stock Incentive Plan, 1983 Employees' Incentive Stock Option Plan,
and 1981 Employees' Non-Qualified Stock Option and Stock Appreciation Rights
Plan of AMETEK, Inc., and to The AMETEK Savings and Investment Plan,
respectively, and in the related Prospectuses, of our report dated January 22,
1997, except for Note 15, as to which the date is February 5, 1997, with respect
to the financial statements of AMETEK, Inc. included in the Annual Report (Form
10-K) for the year ended December 31, 1996.


                                             /s/  ERNST & YOUNG LLP

Philadelphia, PA
March 6, 1997
----

|  Name                                                      |  State      of Incorporation                             | Percentage      of VotingSecurities      Ownedby      Registrant |
|-----------------------------------------------------------------|---------------------------------------------------------------|------------------------------------------------------------------|
| Angelica      Realty Co.                                        | California                                                    |          100%                                     |
| Angelica      Textile Services, Inc.                            | California                                                    |  100                                                        |
| Angelica      Textile Services, Inc.                            | New      York                                                 |  100                                                        |
|     Royal      Institutional Services, Inc. |         Massachusetts |  100                                                        |
|     The      Surgi-Pack Corporation         |         Massachusetts |  100                                                        |
| Southern      Service Company                                   | California                                                    |  100                                                        |
<PAGE>

                                                                   Exhibit 99(a)


              Certification Pursuant to Section 1350 of Chapter 63
                      Of Title 18 of the United States Code


I, E. Linn Draper, Jr., the chief executive officer of

                      American Electric Power Company, Inc.
                             AEP Generating Company
                            AEP Texas Central Company
                             AEP Texas North Company
                            Appalachian Power Company
                         Columbus Southern Power Company
                         Indiana Michigan Power Company
                             Kentucky Power Company
                               Ohio Power Company
                       Public Service Company of Oklahoma
                       Southwestern Electric Power Company

(the "Companies"),  certify that (i) the Annual Reports of the Companies on Form
10-K for the year ended December 31, 2002 (the "Reports")  fully comply with the
requirements  of Section 13(a) or 15(d) of the  Securities  Exchange Act of 1934
and (ii) the  information  contained  in the  Reports  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Companies.

/s/ E. Linn Draper, Jr.

E. Linn Draper, Jr.

 March 20, 2003
Exhibit 10.1
 CHS INC.
NONEMPLOYEE DIRECTOR RETIREMENT PLAN
 Introduction
 Eligibility
 Administration
 Year of Service
 Retirement Benefit




---



##### 



Ten-Year Pension Value Guarantee
 Payment of Monthly Benefit
 Separation from Service
 Beneficiary Designation
 Special One Time Lump Sum Election
 Limitations
 Effect of Post-Retirement Re-Election to the Board provided,
 2




---



##### 



however
 Service as a Director
 Nonexclusivity of the Plan
 Plan Amendment, Modification and Termination
 Amendment or Termination
 Impact on Benefits
 Duration of the Plan
 Inalienability
 Unsecured Claim
 3




---



##### 



Severability
 Taxes
 Governing Law
 Effective Date
 th
 CHS Inc.By
    
    /s/ John D. Johnson

John D. JohnsonIts President and CEO
 4
<PAGE>
 
                                  EXHIBIT 3-F

   Certificate to change name from Conectiv, Inc. to Conectiv filed with the
 Delaware Secretary of State pursuant to Section 102(a) of the Delaware General
                                Corporation Law
<PAGE>
 
                                CONECTIV, INC.

                          ACKNOWLEDGMENT AND REQUEST

                          PURSUANT TO SECTION 102(A)
                                    OF THE
                       DELAWARE GENERAL CORPORATION LAW


          CONECTIV, INC. (the "Corporation"), a corporation duly organized under
                               -----------                                      
the laws of the State of Delaware, DOES HEREBY CERTIFY AND ACKNOWLEDGE that:

          (1) The Certificate of Merger of Atlantic Energy, Inc., a New Jersey
corporation, with and into the Corporation (the "Certificate of Merger") is
being filed contemporaneously herewith.  The Corporation will be the surviving
corporation of the merger to be effected pursuant to the Certificate of Merger.
Pursuant to the Certificate of Merger, the certificate of incorporation of the
Corporation will be amended to change the name of the Corporation to "Conectiv".

          (2) As of the effective time set forth in the Certificate of Merger,
the total assets (as that term is defined in subsection (i) of Section 503 of
the Delaware General Corporation Law) of the Corporation will be not less than
$10,000,000.

          Pursuant to Section 102(a)(1) of the Delaware General Corporation Law,
the Corporation hereby requests a waiver from the Division of Corporations of
the Secretary of State of the State of Delaware of the requirement set forth in
Section 102(a) of the Delaware General Corporation Law that the name of a
corporation shall contain one of the following 
<PAGE>
 
words "association," "company," "corporation," "club," "foundation," "fund,"
"incorporated," "institute," "society," "union," "syndicate," or "limited," or
such other appropriate abbreviation, and that the name of the Corporation be
permitted to be changed to "Conectiv".


Dated:  February 27, 1998                      CONECTIV, INC.

                                               By: /s/ B. S. Graham
                                                   ----------------
                                                   Barbara S. Graham
                                                   President
United States Court of Appeals

For the Seventh Circuit 

 Chicago, Illinois 60604

January 21, 2011

Before

          FRANK H. EASTERBROOK, Chief Judge

          RICHARD A. POSNER, Circuit Judge

          JOHN DANIEL TINDER, Circuit Judge

No. 09‐2022

R.C. WEGMAN CONSTRUCTION

COMPANY,

          Plaintiff‐Appellant,

          v.

ADMIRAL INSURANCE COMPANY

and BRIAN BUDRIK,

          Defendants‐Appellees.

   

Appeal from the United States

District Court for the Northern

District of Illinois, Eastern

Division.

No. 08 C 6479

James B. Zagel, Judge.

    

O R D E R

On motion by the appellant to correct the opinion in this case issued on January 14, 2011:

1.   The name of the appellant in the caption is corrected to R.C. Wegman Construction

Company.

2.   On page 6 of the slip opinion, the second full sentence is corrected to read as follows:

ʺWe learned at argument that Wegman has since hired a new attorney and sued the lawyer who

had been retained by Admiral to handle Wegmanʹs defense against Budrikʹs suit.”
#### Tyrone HURT, Appellant v. D.C. PAROLE BOARD, Margaret Quick, Chairman, Appellee.

No. 06-5210.

United States Court of Appeals, District of Columbia Circuit.

Nov. 8, 2006.

Tyrone Hurt, Washington, DC, pro se.

BEFORE: GINSBURG, Chief Judge, and ROGERS and KAVANAUGH, Circuit Judges.

*JUDGMENT*

PER CURIAM.

This appeal was considered on the record from the United States District Court *904for the District of Columbia and on the brief filed by appellant. *See*Fed. R.App. P. 34(a)(2); D.C.Cir. Rule 34(j). It is

ORDERED AND ADJUDGED that the district court’s order filed June 26, 2006, be affirmed. The district court correctly determined that appellant failed to state a claim for liability under 42 U.S.C. § 1983. An official-capacity suit is, “in all respects other than name, to be treated as a suit against the [governmental] agency.” *Kentucky v. Graham,*473 U.S. 159, 166, 105 S.Ct. 3099, 87 L.Ed.2d 114 (1985). Such a claim must allege that the agency’s policy or custom played a role in the violation of federal law. *See Monell v. Department of Soc. Servs.,*436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). Appellant did not state that his alleged injuries were the result of the former D.C. Parole Board’s policy or custom. Furthermore, to the extent appellant is suing a D.C. official in her individual capacity, the complaint does not allege that the former Chairman, “acting under color of state law, caused the deprivation of a federal right.” *Graham,*473 U.S. at 166, 105 S.Ct. 3099. *See Simpkins v. District of Columbia Gov’t,*108 F.3d 366, 369 (D.C.Cir.1997) (complaint must allege personal involvement by government official in events giving rise to constitutional claim).

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. *See*Fed. R.App. P. 41(b); D.C.Cir. Rule 41.
**EXHIBIT 32.1**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002     In connection with the Quarterly Report on Form 10-Q of Bio-Imaging Technologies, Inc. (the“Company”) for the quarter ended September 30, 2007 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), the undersigned, Mark L. Weinstein, President andChief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and(2) The information contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of Bio-Imaging Technologies, Inc.        Dated: November 14, 2007 /s/ Mark L. Weinstein*   Mark L. Weinstein, President and Chief   Executive Officer(Principal Executive Officer)    *  A signed original of this written statement required by Section 906 has been provided to us andwill be retained by us and furnished to the      Securities and Exchange Commission or its staff uponrequest.
#### In the Matter of Joseph Ajeleye, Appellant, v New York City Department of Education et al., Respondents.

[976 NYS2d 68]

Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered March 27, 2012, which granted the cross motion of respondents Department of Education of the City of New York, the City School District of the City of New York and the City of New York to dismiss the petition and to confirm the arbitration award terminating petitioner’s employment as a New York City schoolteacher, and dismissed the proceeding brought pursuant to CPLR article 75 and Education Law § 3020-a, unanimously affirmed, without costs.

Adequate evidence in the record supports the determination that petitioner was guilty of the specifications charging him with insubordination, neglect of duty, conduct unbecoming his position, and using language that constituted verbal abuse of his students as prohibited by the regulations of the Department of Education *(see Lackow v Department of Educ. [or “Board”] of City of N.Y.,*51 AD3d 563, 567-568 [1st Dept 2008]). There exists no basis to disturb the Hearing Officer’s decision to credit the testimony of multiple students and the assistant principal over that of petitioner *(see Matter of Douglas v New York City Bd./Dept. of Educ.,*87 AD3d 856 [1st Dept 2011]).

Petitioner’s contention that the award was not in accord with due process and was arbitrary and capricious is unavailing. Petitioner was properly given notice of the charges against him, had the opportunity to defend himself at a hearing at which he testified and presented other evidence, and was able to cross-examine witnesses. While the Hearing Officer acknowledged flaws in the investigation, he noted that it was fair and objective.

The penalty of termination does not shock one’s sense of fairness *(see e.g. Matter of Colon v City of N.Y. Dept. of Educ.,*94 AD3d 568 [1st Dept 2012]). The record shows that the Hearing *426Officer considered the seriousness of the charges, as well as petitioner’s lack of prior disciplinary history during his 14-year career with the Department of Education and the likelihood that petitioner would not correct his inappropriate behavior. Concur — Andrias, J.P., Acosta, Moskowitz, Richter and Manzanet-Daniels, JJ.
**Justification for Exception Position 2 (level AD-B) hired under the DOI AD Hiring Authority**

*Exception Position 2 requires minimal skills or training.  Routine assignments are carried out independently.  Oral or written assignments are given with general information on quality, quantity, and timeframe expectations.*

**NPS hiring unit:**

**Title of Exception Position:**

**Objective or purpose of position:**

**Duties:**

**Position will be supervised by (provide position title):**

**Qualifications/training of AD employee that justifies or supports hiring him/her into this position:**

_____________________________________________		____________________________

**Name of person providing this description (please print)	Date**

_____________________________________________		____________________________

**Signature approval of NPS National Incident Bus. Lead		Date**

# image1.png
EXHIBIT 23

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

     As independent public  accountants,  we hereby consent to the incorporation
of our  report  included  in this Form  10-Q,  into  NIPSCO  Industries,  Inc.'s
previously  filed  Form  S-8  Registration  Statement  No.  33-30619;  Form  S-8
Registration  Statement  No.  33-30621;  Forms S-8  Registration  Statement  No.
333-08263;  Form S-8 Registration Statement No. 333-19981; Form S-8 Registration
Statement No. 333-19983; Form S-8 Registration Statement No. 333-19985; Form S-8
Registration  Statement  No.  333-59151;  Form S-8  Registration  Statement  No.
333-59153;  Form S-3 Registration Statement No. 333-22347; Form S-3 Registration
Statement No. 333-26847; Form S-3 Registration Statement No. 333-39911, and Form
S-4A Registration Statement No. 333-50537.


                           /s/ Arthur Andersen LLP


Chicago, Illinois
August 12, 1998
| (1) | The Report fully complies with      the requirements of Section 13(a) or 15(d) of the Securities Exchange Act      of 1934; and |
|-----|---------------------------------------------------------------------------------------------------------------------------------|

| (2) | The information contained in the      Report fairly presents, in all material respects, the financial condition      and results of operations of theCompany. |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:      March 4, 2008 | By:    |                                       |
|---------------------------|--------|--------------------------------------------|
|                      |   | Elmer      N. Baldwin                      |
|                      |   | President      and Chief Executive Officer |
|                      |   |                                       |
| Dated:      March 4, 2008 | By:    |                                       |
|                      |   | David      J. Steichen                     |
|                      |   | Chief      Financial Officer               |