alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

The Honorable Stephen M. McNamee, Senior United States District ***

Judge for the District of Arizona, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

WUXIN XU,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-74990

Agency No. A095-198-370

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 10, 2011** 

Pasadena, California

Before: TROTT and RYMER, Circuit Judges, and MCNAMEE, Senior District

Judge.*** 

Wuxin Xu, a native and citizen of China, appeals a decision by the Board of

Immigration Appeals denying his application for asylum, withholding of removal

FILED

JUN 14 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

to China, and protection under the Convention Against Torture (CAT). We have

jurisdiction under 8 U.S.C. § 1252 and deny the petition.

Xu testified that when he first left China, he went to Guam simply to look

around and intended to return to China. He did not file an asylum application

while in Guam. He instead went on vacation to Palau and then returned to China. 

Such testimony is inconsistent with his prior testimony that he was fleeing

persecution in China. Therefore, substantial evidence supports the adverse

credibility determination. See Singh v. Gonzales, 439 F.3d 1100, 1108 (9th Cir.

2006) (“An inconsistency goes to the heart of a claim if it concerns events central

to petitioner’s version of why he was persecuted and fled.”); id. (noting that a

single inconsistency is sufficient to support an adverse credibility determination if

it relates to the basis for the petitioner’s alleged fear of persecution and goes to the

heart of the claim). In the absence of credible testimony, Xu’s asylum and

withholding of removal claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156

(9th Cir. 2003).

Because Xu’s CAT claim is based on the same testimony found not to be

credible, and he points to no other evidence the IJ should have considered,

substantial evidence also supports the denial of CAT relief. See id. at 1156-57.

DENIED.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 8 Engrossed in Senate (ES)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
114th CONGRESS
  2d Session
                                  S. 8

_______________________________________________________________________

                                 AN ACT

 
 To provide for the approval of the Agreement for Cooperation Between 
 the Government of the United States of America and the Government of 
   the Kingdom of Norway Concerning Peaceful Uses of Nuclear Energy.

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

SECTION 1. APPROVAL OF AGREEMENT FOR COOPERATION BETWEEN THE GOVERNMENT 
              OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE 
              KINGDOM OF NORWAY CONCERNING PEACEFUL USES OF NUCLEAR 
              ENERGY.

    (a) In General.--Notwithstanding the provisions for congressional 
consideration of a proposed agreement for cooperation in subsection d. 
of section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), the 
Agreement for Cooperation Between the Government of the United States 
of America and the Government of the Kingdom of Norway Concerning 
Peaceful Uses of Nuclear Energy, done at Washington June 11, 2016, may 
be brought into effect on or after the date of the enactment of this 
Act, as if all the requirements in such section for consideration of 
such agreement had been satisfied, subject to subsection (b).
    (b) Applicability of Atomic Energy Act of 1954 and Other Provisions 
of Law.--Upon entering into effect, the agreement referred to in 
subsection (a) shall be subject to the provisions of the Atomic Energy 
Act of 1954 (42 U.S.C. 2011 et seq.) and any other applicable United 
States law as if such agreement had come into effect in accordance with 
the requirements of section 123 of the Atomic Energy Act of 1954 (42 
U.S.C. 2153).

            Passed the Senate December 10 (legislative day, December 
      9), 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                  S. 8

_______________________________________________________________________

                                 AN ACT

 To provide for the approval of the Agreement for Cooperation Between 
 the Government of the United States of America and the Government of 
   the Kingdom of Norway Concerning Peaceful Uses of Nuclear Energy.
```
U.S. BUREAU OF LABOR STATISTICS COMPENSATION AND WORKING CONDITIONS

Page 1

Unique Provision in ISG-United Steelworkers Recent Agreement

by Michael H. Cimini

Originally Posted: March 26, 2003

In February, members of the United Steelworkers of America overwhelmingly ratified a 6-year collective bargaining

agreement that provides for wage increases and improvements in benefits for 3,000 production and maintenance workers at

five International Steel Group (ISG) plants in Ohio, Indiana, and Illinois. ISG had purchased the five plants from the LTV

Corporation and Acme Steel; all the plants previously had been shut down because of the bankruptcy or liquidation of the two

steel companies.1

As part of the settlement, the parties agreed to establish a benefit trust fund that will "provide a measure of health-care relief"

to retirees of LTV and Acme Steel, "the first time in [steel industry] history that a company has agreed to provide such funding

for retirees of predecessor companies."2 LTV retirees had lost their health insurance when an $85 million trust fund that paid

for these benefits was depleted; the Acme retirees lost their benefits when the company liquidated its assets.

Under terms of the agreement, the benefit trust will be funded by ISG based on the company’s profits, with contributions

directly tied to the level of profits. Once the benefit trust is funded, retirees will began to get "at least some kind of medical

and/or drug plan."3

Notes

1 LTV filed for bankruptcy on December 29, 2000 and ceased operations on December 7, 2001; Acme filed for bankruptcy on September 29,

1998, and ceased operations on October 25, 2001. (Source: United Steelworkers of America.)

2 United Steelworkers of America, News, "First Contract with New Steelmaker Establishes Substantial Defined-Benefit Pension Plan for ISG

Steelworkers," January 29, 2003, p. 1.

3 United Steelworkers, Summary of the Proposed Agreement Between International Steel Group, Inc. and the Steelworkers of America, undated, p. 28.

U.S. Bureau of Labor Statistics | Division of Information and Marketing Services, PSB Suite 2850, 2 Massachusetts Avenue, NE Washington, DC

20212-0001 | www.bls.gov/OPUB | Telephone: 1-202-691-5200 | Contact Us
II 

Calendar No. 49 

114TH CONGRESS 

1ST SESSION S. 916 

[Report No. 114–26] 

To amend the Internal Revenue Code of 1986 to exclude certain compensation 

received by public safety officers and their dependents from gross income. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2015 

Mr. HATCH, from the Committee on Finance, reported the following original 

bill; which was read twice and placed on the calendar 

A BILL 

To amend the Internal Revenue Code of 1986 to exclude 

certain compensation received by public safety officers 

and their dependents from gross income. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Don’t Tax Our Fallen 

5 Public Safety Heroes Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 916 PCS

1 SEC. 2. EXCLUSION OF CERTAIN COMPENSATION RE2 CEIVED BY PUBLIC SAFETY OFFICERS AND 

3 THEIR DEPENDENTS. 

4 Subsection (a) of section 104 of the Internal Revenue 

5 Code of 1986 is amended by striking ‘‘and’’ at the end 

6 of paragraph (4), by striking the period at the end of para7 graph (5) and inserting ‘‘; and’’, and by inserting after 

8 paragraph (5) the following new paragraph: 

9 ‘‘(6) amounts received pursuant to— 

10 ‘‘(A) section 1201 of the Omnibus Crime 

11 Control and Safe Streets Act of 1968 (42 

12 U.S.C. 3796); or 

13 ‘‘(B) a program established under the laws 

14 of any State which provides monetary com15 pensation for surviving dependents of a public 

16 safety officer who has died as the direct and 

17 proximate result of a personal injury sustained 

18 in the line of duty, 

19 except that subparagraph (B) shall not apply to any 

20 amounts that would have been payable if the death 

21 of the public safety officer had occurred other than 

22 as the direct and proximate result of a personal in23 jury sustained in the line of duty.’’. 


emcdonald on DSK67QTVN1PROD with BILLS

emcdonald on DSK67QTVN1PROD with BILLS
Calendar No. 49 

114TH CONGRESS 

1ST SESSION S. 916 

[Report No. 114–26] 

A BILL 

To amend the Internal Revenue Code of 1986 to 

income. safety officers and their dependents from gross exclude certain compensation received by public 

APRIL 14, 2015 

Read twice and placed on the calendar 


emcdonald on DSK67QTVN1PROD with BILLS
**Exhibit 24****POWER OF ATTORNEY**     The undersigned, a Director of Arbitron Inc. (the “Company”), a Delaware corporation, doeshereby make, nominate and appoint SEAN R. CREAMER and TIMOTHY T. SMITH, and each of them, to be myattorney-in-fact for six months from the date hereof, with full power and authority to execute forand on behalf of the undersigned the Company’s Annual Report on Form 10-K for the fiscal year endedDecember 31, 2007, to be filed with the Securities and Exchange Commission pursuant to theSecurities Exchange Act of 1934, as amended; provided that such Form 10-K is first reviewed by theAudit Committee of the Board of Directors of the Company and by my attorney-in-fact, and his/hername, when thus signed, shall have the same force and effect as though I had manually signed suchForm 10-K.     I have signed this Power of Attorney as of February 20, 2008.       /s/ Shellye L. Archambeau         Shellye L. Archambeau         /s/ David W. Devonshire         David W. Devonshire         /s/ Philip Guarascio         Philip Guarascio         /s/ William T. Kerr         William T. Kerr         /s/ Larry E. Kittelberger         Larry E. Kittelberger         /s/ Luis G. Nogales         Luis G. Nogales         /s/ Richard A. Post         Richard A. Post
ex10-45.htm


     

    
      

      

    

    
 

    Exhibit
10.45

     

    AMENDMENT
12

    


    This
Amendment 12 (“Amendment 12”) effective as of this 1st day of
January, 2009 (“Effective Date”) between Double-Take Software, Inc. (formerly
known as NSI Software, Inc.), 257 Turnpike Road, Suite 210, Southborough, MA
01772 (“Double-Take”) and Sunbelt Software Distribution, Inc.,  33
North Garden, Suite 1200, Clearwater, FL 33755 (“VAR”) amends the Xcelerate
Partner Agreement (“Agreement”), between the parties dated August 2,
2001.

    


    WHEREAS,
Double-Take and VAR wish to modify certain provisions pertaining to Aggregate
Dollar Commitment;

    


    NOW
THEREFORE in consideration of the mutual covenants contained herein, the parties
agree to amend the Agreement as follows:

    


    1.  The
Aggregate Dollar Commitment (Schedule B, Section 4) shall be changed as
follows:

    


    The
annual Aggregate Dollar Commitment is $12,250,000.00 which shall be distributed
over the four contract quarters as indicated below:

    


    
      	
              Q1-
      2009

            	
              Q2
      - 2009

            	
              Q3
      - 2009

            	
              Q4
      - 2009

            
	
              $2,800,350.00

            	
              $3,149,475.00

            	
              $3,033,100.00

            	
              $3,267,075.00

            


    

    


    


    Except as
modified under this Amendment 12, all other terms and conditions of the
Agreement shall remain in full force and effect.  In the event of a
conflict between the terms and conditions of this Amendment 12 and the
Agreement, the terms and conditions of this Amendment 12 shall
supersede.

    


    IN
WITNESS THEREOF, the parties hereto have caused this Amendment 12 to be executed
by their duly authorized representatives.

    


    Double-Take
Software, Inc.                           Sunbelt
Software Distribution, Inc.

     

    


     

    Signature: /s/ S. Craig
Huke                          Signature: /s/ Jo
Murciano

     

    Print
Name: S. Craig
Huke                                                                      Print Name: Jo
Murciano

     

    Title:
Chief Financial
Officer                                                                         
Title: President of EMEA

     

    Date: January 30,
2009                                                                                   
Date: January 30,
2009
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 10-10486 Summary Calendar UNITED STATES OF AMERICA, Plaintiff–Appellee, v. EDDIE LEE FINLEY, Defendant–Appellant.

______________________ Cons w/ 10-10489 Summary Calendar

______________________ UNITED STATES OF AMERICA, Defendant-Appellee, v. EDDIE LEE FINLEY, JR. Plaintiff-Appellant.

Appeals from the United States District Court for the Northern District of Texas USDC No. 3:09-CR-232-1 and 3:09-CR-115-1 United States Court of Appeals

Fifth Circuit 

### F I L E D March 15, 2011 Lyle W. Cayce ClerkNo. 10-10486 c/w 10-10489

* Pursuant to 5

TH C IR. 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 5 TH C IR. R. 47.5.4. 2 Before WIENER, PRADO, and OWEN, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Eddie Lee Finley has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386U.S. 738 (1967), and United Statesv. Flores, ___ F.3d ___, No. 09- 41281, 2011 WL 309173 (5th Cir. Jan. 31, 2011). Finley has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave towithdrawis GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2.
<TABLE> <S> <C>


<ARTICLE>                     5


<MULTIPLIER>                                   1,000


<S>                                            <C>
<PERIOD-TYPE>                                  6-mos
<FISCAL-YEAR-END>                              Dec-31-1999
<PERIOD-START>                                 Jan-01-1999
<PERIOD-END>                                   Jun-30-1999
<CASH>                                         3,541
<SECURITIES>                                   0
<RECEIVABLES>                                  12,020
<ALLOWANCES>                                   781
<INVENTORY>                                    0
<CURRENT-ASSETS>                               15,983
<PP&E>                                         6,323 <F1>
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 42,273
<CURRENT-LIABILITIES>                          9,625
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    166
<COMMON>                                       53
<OTHER-SE>                                     27,993
<TOTAL-LIABILITY-AND-EQUITY>                   42,273
<SALES>                                        21,392
<TOTAL-REVENUES>                               21,392
<CGS>                                          16,560
<TOTAL-COSTS>                                  16,560
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             260
<INCOME-PRETAX>                                1,215
<INCOME-TAX>                                   171
<INCOME-CONTINUING>                            1,044
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,044
<EPS-BASIC>                                  0.20
<EPS-DILUTED>                                  0.20

<FN>
<F1>
PP&E is net of accumulated depreciation.
</FN>




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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM EVE HOLDINGS
INC. FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<CIK> 0000887022
<NAME> EVE HOLDINGS INC
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                              10
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                    10
<PP&E>                                               3
<DEPRECIATION>                                       2
<TOTAL-ASSETS>                                   2,280
<CURRENT-LIABILITIES>                            1,998
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                         282
<TOTAL-LIABILITY-AND-EQUITY>                     2,280
<SALES>                                              0
<TOTAL-REVENUES>                                 6,459
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   915
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  5,544
<INCOME-TAX>                                       837
<INCOME-CONTINUING>                              4,707
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,707
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
II 

114TH CONGRESS 

1ST SESSION S. 885 

To direct the Architect of the Capitol to place in the United States Capitol 

a chair honoring American Prisoners of War/Missing in Action. 

IN THE SENATE OF THE UNITED STATES 

MARCH 26, 2015 

Ms. WARREN (for herself, Mr. RUBIO, Mr. MARKEY, Ms. AYOTTE, Mrs. SHAHEEN, Mr. TOOMEY, Mr. BROWN, and Mr. MENENDEZ) introduced the 

following bill; which was read twice and referred to the Committee on 

Rules and Administration 

A BILL 

To direct the Architect of the Capitol to place in the United 

States Capitol a chair honoring American Prisoners of 

War/Missing in Action. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National POW/MIA 

5 Remembrance Act of 2015’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In recent years, commemorative chairs hon9 oring American Prisoners of War/Missing in Action 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 885 IS

1 have been placed in prominent locations across the 

2 United States. 

3 (2) The United States Capitol is an appropriate 

4 location to place a commemorative chair honoring 

5 American Prisoners of War/Missing in Action. 

6 SEC. 3. PLACEMENT OF A CHAIR IN THE UNITED STATES 

7 CAPITOL HONORING AMERICAN PRISONERS 

8 OF WAR/MISSING IN ACTION. 

9 (a) OBTAINING CHAIR.—The Architect of the Capitol 

10 shall enter into an agreement to obtain a chair featuring 

11 the logo of the National League of POW/MIA Families 

12 under such terms and conditions as the Architect con13 siders appropriate and consistent with applicable law. 

14 (b) PLACEMENT.—Not later than 2 years after the 

15 date of enactment of this Act, the Architect shall place 

16 the chair obtained under subsection (a) in a suitable per17 manent location in the United States Capitol. 

18 SEC. 4. FUNDING. 

19 (a) DONATIONS.—The Architect of the Capitol 

20 may— 

21 (1) enter into an agreement with any organiza22 tion described in section 501(c)(3) of the Internal 

23 Revenue Code of 1986 that is exempt from taxation 

24 under section 501(a) of that Code to solicit private 

25 donations to carry out the purposes of this Act; and 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 885 IS

1 (2) accept donations of funds, property, and 

2 services to carry out the purposes of this Act. 

3 (b) COSTS.—All costs incurred in carrying out the 

4 purposes of this Act shall be paid for with private dona5 tions received under subsection (a). 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
**Exhibit 32.2****CERTIFICATION**     The undersigned officer of DATATRAK International, Inc. (the “Company”), does hereby certify,to such officer’s knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that: 1. the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2005(the “Form 10-Q”) fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and  2. the information contained in the Form 10-Q fairly presents, in all materialrespects, the financial condition and results of operations of the Company as of, andfor, the periods presented in the Form 10-Q.        Dated: August 12, 2005 /s/ Terry C. Black   Terry C. Black   Chief Financial Officer