alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Frank D. KELLEY, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2010-7049.

United States Court of Appeals, Federal Circuit.

May 25, 2011.

Peter J. Sebekos, Niagara Falls, NY, for Claimant-Appellant.

Elizabeth M. Hosford, Department of Justice, Michael J. Timinski, Brian D. Griffin, Department of Veterans Affairs, Washington, DC, for Respondent-Appel-lee.

Before RADER, Chief Judge, LOURIE and O’MALLEY, Circuit Judges.

ON MOTION

RADER, Chief Judge.

ORDER

The Secretary of Veterans Affairs moves without opposition to vacate the judgment of the United States Court of Appeals for Veterans Claims and to remand for further proceedings.

*967The appellant filed a notice of appeal with the Court of Veterans Claims more than 120 days after the Board of Veterans’ Appeals mailed its decision in his case. That court dismissed the appeal as untimely, concluding that the 120-day appeal period established by 38 U.S.C. § 7266(a) for seeking review of Board of Veterans’ Appeals decisions is jurisdictional and not subject to equitable tolling. The appellant sought this court’s review.

This court stayed the briefing schedule in this appeal pending the United States Supreme Court’s review of our decision in *Henderson v. Shinseki,*589 F.3d 1201 (Fed.Cir.2009) (en banc) (affirming Court of Appeals for Veterans Claims determination that period to appeal to that court is not subject to equitable tolling). In *Henderson ex rel. Henderson v. Shinseki,*— U.S. -, 131 S.Ct. 1197, 179 L.Ed.2d 159 (2011), the Supreme Court reversed this court’s decision and concluded that the 120-day deadline for filing an appeal with the Court of Appeals for Veterans Claims does not have jurisdictional consequences. Because the Court of Appeals for Veterans Claims erred in concluding that the appeal deadline established by § 7266(a) is jurisdictional, we vacate the Court of Appeals for Veterans Claims’ judgment and remand for further proceedings.

Accordingly,

It Is Ordered That:

(1) The motion is granted. The judgment is vacated and the case is remanded for further proceedings.

(2) All sides shall bear their own costs.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2972 Reported in Senate (RS)]

                                                       Calendar No. 204
111th CONGRESS
  1st Session
                                H. R. 2972

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2009

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                            November 4, 2009

              Reported by Mr. Lieberman, without amendment

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 115 West Edward Street in Erath, Louisiana, as the ``Conrad DeRouen, 
                           Jr. Post Office''.

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

SECTION 1. CONRAD DEROUEN, JR. POST OFFICE.

    (a) Designation.--The facility of the United States Postal Service 
located at 115 West Edward Street in Erath, Louisiana, shall be known 
and designated as the ``Conrad DeRouen, Jr. Post Office''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Conrad 
DeRouen, Jr. Post Office''.
                                                       Calendar No. 204

111th CONGRESS

  1st Session

                               H. R. 2972

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 115 West Edward Street in Erath, Louisiana, as the ``Conrad DeRouen, 
                           Jr. Post Office''.

_______________________________________________________________________

                            November 4, 2009

                       Reported without amendment
```
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 Energy

###### Federal Energy Regulatory Commission

          - [Docket No. EL17-91-000]

                    On October 4, 2017, the Commission issued an order in Docket No. EL17-91-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether the proposed reactive power rates of Dynegy Lee II, LLC may be unjust and unreasonable.                     *Dynegy Lee II, LLC,*                     161 FERC ¶ 61,016 (2017).                

                    The refund effective date in Docket No. EL17-91-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the                     **Federal Register**                    .                

Any interested person desiring to be heard in Docket No. EL17-91-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214 (2017), within 21 days of the date of issuance of the order.

Dated: October 4, 2017.

Nathaniel J. Davis, Sr.,

Deputy Secretary.

[FR Doc. 2017-21841 Filed 10-10-17; 8:45 am]

 BILLING CODE 6717-01-P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6336

FLETCHER LEWIS FARRAR,

Petitioner - Appellant,

versus

NORTH CAROLINA ATTORNEY GENERAL; TOM C. MARTIN,

Respondents - Appellees.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., District Judge. (CA-97-313-2)

Submitted: September 22, 1998 Decided: October 7, 1998

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Fletcher Lewis Farrar, Appellant Pro Se. Clarence Joe DelForge,

III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh,

North Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Fletcher Lewis Farrar appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West

1994 & Supp. 1998). We have reviewed the record and the district

court’s opinion accepting the recommendation of the magistrate

judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of

the district court. Farrar v. North Carolina Attorney General, No.

CA-97-313-2 (M.D.N.C. Feb. 6, 1998). We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

DISMISSED
I 

111TH CONGRESS 

1ST SESSION H. R. 2732 

To amend the National Labor Relations Act to permit employers to pay 

higher wages to their employees. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 4, 2009 

Mr. MCCLINTOCK (for himself, Mr. MCKEON, Mr. KLINE of Minnesota, Mr. 

JORDAN of Ohio, Mr. CHAFFETZ, Ms. FALLIN, Mr. BARTLETT, Mr. 

MARCHANT, Mr. HENSARLING, Mr. HUNTER, Mr. SHADEGG, Mr. PITTS, 

Mrs. BLACKBURN, Mr. LEE of New York, Mr. CAMPBELL, Mr. BILBRAY, 

and Mr. ROONEY) introduced the following bill; which was referred to the 

Committee on Education and Labor 

A BILL 

To amend the National Labor Relations Act to permit 

employers to pay higher wages to their employees. 

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 ‘‘Rewarding Achieve5 ment and Incentivizing Successful Employees Act’’ or the 

6 ‘‘RAISE Act’’. 


jbell on PROD1PC69 with BILLS
2 

•HR 2732 IH

1 SEC. 2. PAYMENT OF HIGHER WAGES. 

2 Section 9(a) of the National Labor Relations Act (29 

3 U.S.C. 159(a)) is amended— 

4 (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 

5 (2) by adding at the end the following: 

6 ‘‘(2) Notwithstanding a labor organization’s exclusive 

7 representation of employees in a unit, or the terms and 

8 conditions of any collective bargaining contract or agree9 ment then in effect, nothing in either— 

10 ‘‘(1) section 8(a)(1) or 8(a)(5), or 

11 ‘‘(2) a collective bargaining contract or agree12 ment renewed or entered into after the date of en13 actment of the RAISE Act, 

14 shall prohibit an employer from paying an employee in the 

15 unit greater wages, pay, or other compensation for, or by 

16 reason of, his or her services as an employee of such em17 ployer, than provided for in such contract or agreement.’’. 

Æ 


jbell on PROD1PC69 with BILLS
##### 



Exhibit 31.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER
OF MITCHAM INDUSTRIES, INC.
PURSUANT TO 15 U.S.C. SECTION 7241, AS ADOPTED
PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002 I, Michael A. Pugh, certify that: 1. I have reviewed this Annual Report on Form 10-K of Mitcham Industries, Inc. (the
Registrant); 2. Based on my knowledge, this report does not contain any untrue statement of a material fact
or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period
covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included
in this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the Registrant as of, and for, the periods presented in this report; 4. The Registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15d-15(e)) for the Registrant and we have: (a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the Registrant, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the period in which this
report is being prepared; (b) Evaluated the effectiveness of the Registrants disclosure controls and procedures
and presented in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report based on such
evaluation; and (c) Disclosed in this report any change in the Registrants internal control over
financial reporting that occurred during the Registrants most recent fiscal quarter (the
Registrants fourth fiscal quarter in the case of an annual report) that has materially
affected, or is reasonably likely to materially affect, the Registrants internal control
over financial reporting; and 5. The Registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the Registrants auditors and the audit
committee of the Registrants board of directors (or persons performing the equivalent functions):




---



##### 



(a) All significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to adversely affect
the Registrants ability to record, process, summarize and report financial information; and (b) Any fraud, whether or not material, that involves management or other employees who
have a significant role in the Registrants internal control over financial reporting. Date: May 2, 2005 Michael A. Pugh
Chief Financial Officer 2
Exhibit 10.1 Promissory Note


EXHIBIT 10.1




PROMISSORY NOTE







			
	US$1,000,000.00

	 
	November 26th, 2014


	 
	 
	 









FOR VALUE RECEIVED, American Compass, Inc., a California corporation (“Issuer”), promises to pay to Angstron Holdings Corporation, Nevada Corporation (“Holder”), or order, the principal sum of One Million Dollars (US$1,000,000.00).




1.

This promissory note (“Note”) shall bear no interest so long as it is paid in full on or before Maturity (defined herein below). If the Note is not paid in full on or before maturity, then interest shall accrue at the rate of three percent (3%) per annum from the date of the Note.




2.

Issuer shall pay Holder the entire outstanding principal balance with interest accrued thereon on November 25th, 2017 (“Maturity”).  All computations of interest shall be based upon a year of 360 days for actual days elapsed.  Any payment received by Holder shall be credited first to any interest accrued and the remainder to principal.  Interest payable hereunder will be paid without any U.S. withholding tax.




3.

Issuer shall make payment in lawful money of the United States of America and in immediately available funds.




4.

This Note may be prepaid in whole or in part, without penalty, at the option of Issuer and without the consent of Holder one year after the date of this Note.




5.

This Note shall be governed by the laws of the State of California of the United States of America excluding its conflict of laws rules.  The exclusive jurisdiction and venue of any legal action instituted by any party to this Note shall be Los Angeles County, California.




6.

Issuer waives presentment, protest and demand, notice of protest, notice of demand and dishonor, and notice of nonpayment of this Note.  Issuer expressly agrees that this Note or any payment under this Note may be extended by Holder from time to time without in any way affecting the liability of Issuer.




7.

The prevailing party in any action (i) to collect payment on this Note, (ii) in connection with any dispute that arises as to its enforcement, validity, or interpretation, whether or not legal action is instituted or prosecuted to judgment, or (iii) to enforce any judgment obtained in any related legal proceeding shall be entitled to all costs and expenses incurred, including attorney fees.




8.

If any provision or any word, term, clause, or part of any provision of this Note shall be invalid for any reason, the same shall be ineffective, but the remainder of this Note and of the provision shall not be affected and shall remain in full force and effect.







			
	Issuer:  American Compass, Inc.


	 
	 
	 

	Date:

	November 26th, 2014

	 

	 
	 
	 

	 
	 
	 

	 
	 
	 

	Signed:

	/s/ Jimmy Wang

	 

	 
	 
	 

	Name:

	Jimmy Wang

	 

	 
	 
	 

	Title:

	Chief Financial Officer
Exhibit 12

Main Place Funding, LLC
Exhibit 12. Ratio of Earnings to Fixed Charges

<TABLE>
<CAPTION>
-----------------------------------------------------------------------------------------------
(Dollars in Thousands)


                                                    Year               Year            Year
                                                   Ended              Ended           Ended
                                                December 31,       December 31,    December 31,
                                                    2000               1999            1998
-----------------------------------------------------------------------------------------------
<S>                                                  <C>           <C>             <C>
Income before taxes                                  $ 911,225     $ 1,257,141     $2,341,426

Fixed charges:
     Interest expense                                  341,978         477,810      1,056,419
     Amortization of debt discount and
       appropriate issuance costs                        2,962           3,306          3,128
                                               -----------------------------------------------
        Total fixed charges                            344,940         481,116      1,059,547

Earnings before fixed charges                       $1,256,165     $ 1,738,257     $3,400,973
                                               ===============================================

Fixed charges                                        $ 344,940     $   481,116     $1,059,547
                                               ===============================================

Ratio of Earnings to Fixed Charges                        3.64            3.61           3.21

</TABLE>

                                       26
**Exhibit 31.1**

 

I, James Green, certify that: 

 

1. I have reviewed this quarterly report on Form 10-Q of the registrant, Digital Lightwave, Inc. 

 

2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

 

3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: 

 

(a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

(b) evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report based on such evaluation; and

 

(c) disclosed in this report any change inthe registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financial reporting; and 

 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent function): 

 

(a) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting whichare reasonably likely to adversely affect the registrant’s ability to record, process, summarize, and report financial information; and 

 

(b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’sinternal controls over financial reporting. 

 

Date: November 12, 2004
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the Meridian
Sports Incorporated Consolidated Balance Sheet and Statement of Operations and
is qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000926474
<NAME> MERIDIAN SPORTS INCORPORATED
<MULTIPLIER> 1,000
<CURRENCY> USD

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           1,123
<SECURITIES>                                         0
<RECEIVABLES>                                    4,082
<ALLOWANCES>                                     (401)
<INVENTORY>                                      8,040
<CURRENT-ASSETS>                                16,818
<PP&E>                                          10,030
<DEPRECIATION>                                 (3,314)
<TOTAL-ASSETS>                                  23,884
<CURRENT-LIABILITIES>                           10,225
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            80
<OTHER-SE>                                     (9,553)
<TOTAL-LIABILITY-AND-EQUITY>                    23,884
<SALES>                                         75,345
<TOTAL-REVENUES>                                75,345
<CGS>                                           57,907
<TOTAL-COSTS>                                   57,907
<OTHER-EXPENSES>                                17,377
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,172
<INCOME-PRETAX>                                (2,111)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,111)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (408)
<CHANGES>                                            0
<NET-INCOME>                                   (2,519)
<EPS-PRIMARY>                                   (0.31)
<EPS-DILUTED>                                   (0.31)



</TABLE>