alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Notices]
[Pages 34748-34749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16987]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13494-000]


FFP Project 84, LLC; Notice of Preliminary Permit Application 
Accepted for Filing and Soliciting Comments, Motions To Intervene, and 
Competing Applications

July 10, 2009.
    On May 22, 2009, FFP Project 84, LLC filed an application for a 
preliminary permit, pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the Twin Pond Hydrokinetic 
Project, to be located on the Mississippi River, in Mississippi County, 
Missouri and Carlisle County, Kentucky.
    The sole purpose of a preliminary permit, if issued, is to grant 
the permit holder priority to file a license application during the 
permit term. A preliminary permit does not authorize the permit holder 
to perform any land

[[Page 34749]]

disturbing activities or otherwise enter upon lands or waters owned by 
others without the owners' express permission.
    The proposed Twin Pond Hydrokinetic Project consists of: (1) 1, 901 
proposed 40-kilowatt Free Flow generating units having a total 
installed capacity of 76.04 megawatts; (2) a 2-mile-long, 69-kilovolt 
transmission line; and (3) appurtenant facilities. The proposed Twin 
Pond Hydrokinetic Project would have an average annual generation of 
333 gigawatt-hours.
    Applicant Contact: Ramya Swaminathan, Vice President of 
Development, Free Flow Power Corporation, 33 Commercial Street, 
Gloucester, MA 01930; phone: 978-226-1531.
    FERC Contact: Kim Carter, 202-502-6486.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project, including a copy of 
the application, can be viewed or printed on the ``eLibrary'' link of 
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. 
Enter the docket number (P-13494) in the docket number field to access 
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16987 Filed 7-16-09; 8:45 am]
BILLING CODE 6717-01-P
# United States Court of Appeals **for the Fifth Circuit**

No. 21-11182 Summary Calendar

United States of America, Plaintiff—Appellee ,

versus Jessica Roxanna Wheeler, Defendant—Appellant

.

Appeal from the United States District Court for the Northern District of Texas USDC No. 5:20-CR-89-1

Before King, Southwick, and Willett, Circuit Judges

. Per Curiam: * The Federal Public Defender appoin ted to represent Jessica Roxanna Wheeler has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Wheeler has not filed a response. We have

* Pursuant to 5th Circuit Rule 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 Circuit Rule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 11, 2022 Lyle W. Cayce Clerk Case: 21-11182 Document: 00516388645 Page: 1 Date Filed: 07/11/2022No. 21-11182

2 reviewed counsel’s brief and the releva nt portions of the record reflected therein. We concur with counsel’s as sessment that the appeal presents no nonfrivolous issue for appellate review . Accordingly, counsel’s motion for leave to withdraw is GRANTED , counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED

. See 5th Cir. R. 42.2. Case: 21-11182 Document: 00516388645 Page: 2 Date Filed: 07/11/2022
#### P. BEIERSDORF & CO., Inc. v. DUKE LABORATORIES, Inc.

United States District Court S. D. New York.

April 7, 1950.

William Siskind, New York City, for plaintiff, Sol Gerstein, New York City, of counsel.

Buckley & Buckley, New York City, for defendant.

CONGER, District Judge.

Motion by the defendant for an order (1) dismissing the complaint on the principle of *forumi non conveniens;*(2) dismissing the complaint for failure to set forth an action arising under the Acts of Congress relating to trademarks; (3) dismissing the complaint for lack of jurisdiction over plaintiff’s claim for unfair compe*283tition; and (4) dismissing the complaint,, for failure to state a claim upon which relief can be granted.

Motion by the plaintiff for an order (a) directing defendant to accept service of the amended complaint and to make answer thereto; or (b) in the alternative that plaintiff he granted leave to file an amended complaint and to extend plaintiff’s time to serve the summons and amended complaint upon the defendant.

The defendant has withdrawn its request for relief under the principle of *forum non conveniens,*and, in view of my disposition of this matter, its remaining requests need not be considered.

It is conceded that the summons and complaint were not served in accordance with the Federal Rules of Civil Procedure, 28 U.S.C.A. See Rule 4(c). The person who served the process was not a United States marshal, nor his deputy; nor was he specially appointed by the Court for such purpose.

I am of the opinion, however, that the defendant has waived such defect. Rule 12(h) of the Federal Rules provides for waiver of all defenses and objections which are not presented by motion nor in the answer or reply, with certain exceptions. “If a party makes a motion under Rule 12 and omits therefrom some defense or objection which could have been included, he may not thereafter make a motion based on such defense or objection * * *; nor, under subdivision (h), may he raise the defense in his answer, unless it comes within one of the exceptions in (h).” Moore’s Federal Practice, 2d Ed., p. 2327.

After the summons and complaint had been served in the defective method mentioned, the defendant noticed the instant motion without any objection to the service of process, although the facts with respect thereto were alluded to in an affidavit accompanying the motion papers. At the time of the argument he raised the point. But this was long after the time for which the motion was originally noticed and after the plaintiff had served an amended complaint purporting to correct the defects suggested by the defendant’s motion with respect to the original complaint.

Under Local Rule 2 of the Southern District of New York, an appearance is made by the service of any motion affecting the •complaint. Defendant’s motion was an appearance and constituted a waiver of the defective service.

The plaintiff’s request designated “a” is granted. It is unnecessary to decide the relief asked for in the alternative. The defendant shall answer or move within 10 days after service of the order on this decision with notice of entry on defendant’s attorneys.

Settle order.
UNITED STATES OF AMERICA Hon. Dickinson R. Debevoise

v. Crim. No. 10—834 (DRD)

JAQUAN BOWENS CONTINUANCE ORDER

This matter having come before the Court on the joint

application of Paul J. Fishman, United States Attorney for the

District of New Jersey (Amy Luria, Assistant U.S. Attorney,

appearing), and defendant Jaquan Bowens (Donald J. McCauley,

AFPD, appearing) for an order granting a continuance of the

proceedings in the above—captioned matter for a period of 60

days, and the defendant being aware that he has the right to have

the matter brought to trial within 70 days of the date of his

appearance before a judicial officer of this court pursuant to

Title 18 of the United States Code, Section 3161(c) (1), and as

the defendant has consented to such a continuance, and for good

and sufficient cause shown,

IT IS THE FINDING OF THIS COURT that this action should

be continued for the following reasons:

1. Plea negotiations are currently in progress, and

both the United States and the defendant desire additional time

to finalize a plea agreement, which would render trial of this

matter unnecessary;
reasonable amount of additional time for effective preparation inthis matter;

3. Defendant has consented to the aforementioned

continuance;

4. Pursuant to Title 18 of the United States Code,

Section 3161 (h) (7) (a), the ends of justice served by granting the

continuance outweigh the best interests of the public and the

defendant in a speedy trial.

WHEREFORE, on this

day of .January, 2011,

IT IS ORDERED that this action be, and hereby is,

continued for a period of 60 days; and it is further
in computing t.re :nder the Speedy Trl Act of 1974, p

Title 18, United States Code, Soction 31S1 (h) (7) (a)

-TJv1 i\

HOi DICS [P501’) R DE8EVOISEUnited States District Judge

Form and entry

consented to:

nt U.S At:torne’
EXHIBIT
32.1





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report on Form 10-Q of AmTrust Financial Services,
Inc. (the “Company”) for the quarter ended September 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, Barry
Zyskind, President and Chief Executive Officer (Principal Executive Officer) of
the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:




(a)
            the
      Report fully complies with the requirements of section 13(a) and
      15(d) of the Securities Exchange Act of 1934;
  and




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




By:
              /s/ Barry
      ZyskindBarry
      Zyskind
                President
      and Chief Executive Officer
                (Principal
      Executive Officer)




November
9, 2009
I 

108TH CONGRESS 

2D SESSION H. R. 5085

To suspend temporarily the duty on Cobaltate(1-), bis[3-[[1-(3-chlorophenyl)–

4,5-dihydro-3-methyl-5-(oxo- kO)–1H-pyrazol-4-yl]azo-kN1]-4-(hydroxykO)benzenesulfonamidato(2-)]-, sodium. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 15, 2004

Mr. BERRY introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To suspend temporarily the duty on Cobaltate(1-), bis[3-

[[1-(3-chlorophenyl)–4,5-dihydro-3-methyl-5-(oxo- kO)–

1H-pyrazol-4-yl]azo-kN1]-4-(hydroxykO)benzenesulfonamidato(2-)]-, sodium.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 5085 IH 

1 SECTION 1. SUSPENSION OF DUTY ON COBALTATE(1-), 

2 BIS[3-[[1-(3-CHLOROPHENYL)–4,5-DIHYDRO-3-

3 METHYL-5-(OXO- KO)–1H-PYRAZOL-4-YL]AZO4 KN1]-4-(HYDROXY5 KO)BENZENESULFONAMIDATO(2-)]-, SODIUM. 

6 (a) IN GENERAL.—Subchapter II of chapter 99 of 

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following:

‘‘ 9902.35.13 Cobaltate(1-), bis[3-[[1-(3-

chlorophenyl)–4,5-dihydro-3-

methyl-5-(oxo- kO)–1Hpyrazol-4-yl]azo-kN1]-4-

(hydroxykO)benzenesulfonamidato(2-

)]-, sodium (CAS No. 

73612–40–5) (provided for 

in subheading 3204.12.45) .. Free No Change No Change On or Before 

12/31/2007 ’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) applies to articles entered, or withdrawn 

11 from warehouse for consumption, on or after the 15th day 

12 after the date of the enactment of this Act.

Æ
Exhibit 32.1

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

In
connection with the Quarterly Report of NTR Acquisition Co. (the Company) on Form 10-Q
for the quarter ended June 30, 2007, as filed with the Securities and Exchange Commission
(the Report), I, Mario E. Rodriguez, Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

| | 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 the
Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|/s/ Mario E. Rodriguez      | 
|--------------------------- | 
|**Mario E. Rodriguez**      | 
|**Chief Executive Officer** | 
|August 3, 2007              | 

A
signed original of this written statement required by Section 906 of the Sarbanes-Oxley
Act of 2002 has been provided to NTR Acquisition Co. and will be retained by NTR
Acquisition Co. and furnished to the Securities and Exchange Commission or its staff upon
request.
Case 3:06-cv-03194-PGS Document 9 Filed 07/14/08 Page 1 of 2 PageID: 137
Case 3:06-cv-03194-PGS Document 9 Filed 07/14/08 Page 2 of 2 PageID: 138
Motion for Rehearing Granted; Order filed November 27 , 2012.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 11

- 00941

- CV

____________ HECTOR GAINES BARKLE Y, III , Appellant

V.
TEXAS WINDSTORM INSU RANCE ASSOCIATION , Appellee

On Appeal from the 122nd District Court Galveston County, Texas Trial Court Cause No. 10

- CV

- 3087A



### ORDER
On September 11, 2012, this court issued an opinion dismissing this appeal. On, October 10, 2012, appellant filed a motion for rehearing. The motion is GRANTED

. This court’s opinion filed September 11 , 2012, is WITHDRAWN , and our judgment of that date is VACATED. The appeal is ordered REINSTATED. Appellant’s brief is due 30 days from the date of this order.

PER CURIAM

Panel consists of Justices Frost, Christopher, and Jamison.
EX-10.2



 Exhibit 10.2 
 ASSIGNMENT AGREEMENT 
 This Assignment Agreement (“Assignment”), entered
into by and among Transco Pipeline Services LLC, a Delaware limited liability company (“Assignor”), and Williams WPC-I, LLC, a Delaware limited liability company (“Assignee”), is effective as of January 1, 2013 (the
“Effective Date”). 
 RECITALS 
 A. WHEREAS, Transcontinental Gas Pipe Line Company, LLC, a Delaware limited liability company, and Assignor are parties to an Administrative Services Agreement dated February 16, 2010 (the
“Agreement”). 
 B. WHEREAS, pursuant to an organizational restructuring of The Williams Companies, Inc. and its
affiliates, employees of Assignor ceased to be employees of Assignor and became employees solely of Assignee on the Effective Date. 
 Assignor
and Assignee hereto agree as follows: 
 ASSIGNMENT AND ASSUMPTION 

1. Assignment. Assignor hereby assigns to Assignee all rights, obligations, and other interests in and under the Agreement.

 2. Assumption. Assignee shall assume and be responsible for all of Assignor’s rights, obligations, and other
interests in and under the Agreement, including, but not limited to, any rights or obligations arising before the Effective Date. 
 IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed by their duly authorized representatives on February 13, 2013. 

 

									
	 ASSIGNOR:
  

Transco Pipeline Services LLC
	 		 	 ASSIGNEE:
  

Williams WPC-I, LLC

					
	By:	 	/s/ Frank J. Ferazzi	 		 	By:	 	/s/ Stephanie C. Cipolla
		 	Frank J. Ferazzi	 		 		 	Stephanie C. Cipolla
		 	 Vice President
	 		 		 	President
EX-10.47



 Exhibit 10.47 
 Employment Arrangement with H. KatherineWhite 
 H. Katherine White will retire from her
position as the Vice President, General Counsel and Secretary of Sealed Air Corporation (the “Company”) effective March 31, 2013. 
 In connection with her retirement, Ms. White will enter into an employment agreement with the Company for a one year term effective April 1, 2013 to assist with the transition process. Under the
terms of such agreement, Ms. White will be employed on a part time basis at an annual base salary of $100,000. The agreement will be terminable by either Ms. White or the Company upon 30 days’ prior written notice. The agreement will
provide that Ms. White will be considered to have retired from employment on March 31, 2013 for the purposes of her 2011-2013 and 2012-2014 performance share unit awards. Upon termination of her employment, the Company’s management
will agree to recommend to the Organization and Compensation Committee of the Company’s Board of Directors that the Committee waive the forfeiture of an award of 7,500 shares of restricted stock that was granted to Ms. White in March 2011,
unless she is terminated for cause.
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.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-1843-DR; Docket ID FEMA-2008-0018]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Alaska (FEMA-1843-DR), dated June 11, 2009, and related determinations.

# DATES:

*Effective Date:*                         May 31, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this disaster is closed effective May 31, 2009.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. E9-16948 Filed 7-15-09; 8:45 am]

BILLING CODE 9111-23-P
Thomas R. Curtin 

George C. Jones

GRAHAM CURTIN

A Professional Association

4 Headquarters Plaza

P.O. Box 1991

Morristown, New Jersey 07962-1991

(973) 292-1700

Robert N. Eccles (pro hac vice)

Gary S. Tell (pro hac vice)

O’MELVENY & MYERS LLP

1625 Eye Street, NW

Washington, D.C. 20006-4001

(202) 383-5300

Attorneys for Defendants 

Transamerica Life Insurance Company, 

Transamerica Investment Management, LLC 

and Transamerica Asset Management, Inc. 

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

JACLYN SANTOMENNO, KAREN 

POLEY, and BARBARA POLEY, et 

al.,

Plaintiffs,

v.

TRANSAMERICA LIFE 

INSURANCE COMPANY, 

TRANSAMERICA INVESTMENT 

MANAGEMENT, LLC, and 

TRANSAMERICA ASSET 

MANAGEMENT, INC.,

 

Defendants.

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

Civil Action No. 11-736 (ES) (PS)

NOTICE OF TRANSAMERICA 

INVESTMENT MANAGEMENT, 

LLC AND TRANSAMERICA

ASSET MANAGEMENT, INC.’S

MOTION TO DISMISS CLASS 

ACTION COMPLAINT

Case 2:11-cv-00736-ES -PS Document 34 Filed 07/29/11 Page 1 of 3 PageID: 892
2

TO: Robert L. Lakind

SZAFERMAN, LAKIND, BLUMSTEIN & BLADER, P.C.

101 Grovers Mill Road, Suite 200

Lawrenceville, New Jersey 08648

Moshe Maimon

LEVY, PHILLIPS & KONIGSBERG, LLP

800 Third Avenue, 11th Floor

New York, New York 10022

Attorneys for Plaintiffs

COUNSEL:

PLEASE TAKE NOTICE that on Monday, September 19, 2011, at 9:30 a.m. 

or as soon thereafter as counsel may be heard, Defendants Transamerica 

Investment Management, LLC (“TIM”), now no longer doing business and 

formerly located at 11111 Santa Monica Boulevard, Los Angeles, California 

90025, and Transamerica Asset Management, Inc. (“TAM”), located at 570 

Carillon Parkway, St. Petersburg, Florida 33716, by and through their undersigned 

counsel, will move before the Honorable Esther Salas, U.S.D.J., for entry of an 

order pursuant to Fed. R. Civ. P. 12(b)(6) dismissing the Class Action Complaint 

in this case with prejudice. 

PLEASE TAKE FURTHER NOTICE that in support of this motion, TIM 

and TAM will rely upon the Memorandum and supporting Declaration of Darcy 

Hatton submitted herewith. A proposed form of Order is also submitted. TIM and 

TAM request oral argument of this motion.

Case 2:11-cv-00736-ES -PS Document 34 Filed 07/29/11 Page 2 of 3 PageID: 893
3

Dated: July 29, 2011

s/ Thomas R. Curtin

Thomas R. Curtin

George C. Jones

GRAHAM CURTIN

A Professional Association

4 Headquarters Plaza

P.O. Box 1991

Morristown, New Jersey 07962-1991

Telephone: (973) 292-1700

Facsimile: (973) 292-1767

Robert N. Eccles (Pro Hac Vice)

Gary S. Tell (Pro Hac Vice)

O’MELVENY & MYERS LLP

1625 Eye Street, NW

Washington, D.C. 20006-4001

Telephone: (202) 383-5300

Facsimile: (202) 383-5414

Attorneys for Defendants

Transamerica Life Insurance Company, 

Transamerica Investment Management, 

LLC, and Transamerica Asset 

Management, Inc. 

Case 2:11-cv-00736-ES -PS Document 34 Filed 07/29/11 Page 3 of 3 PageID: 894