alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
103 A.3d 1216

#### IN THE MATTER OF CHARLES B. KAPALIN, AN ATTORNEY AT LAW (ATTORNEY NO. 028171982).

December 12, 2014.

ORDER

CHARLES B. KAPALIN of MAPLEWOOD, who was admitted to the bar of this State in 1982, having pleaded guilty in the United States District Court for the District of New Jersey to one count of conspiring to smuggle contraband into a federal detention facility, in violation of 18 *U.S.C.*§ 371, and good cause appearing;

It is ORDERED that pursuant to *Rule*1:20—13(b)(1), CHARLES B. KAPALIN is temporarily suspended from the practice of law pending the final resolution of ethics proceedings against him, effective immediately and until the further Order of this Court; and it is further

ORDERED that CHARLES B. KAPALIN be restrained and enjoined from practicing law during the period of his suspension; and it is further

ORDERED that CHARLES B. KAPALIN comply with *Rule*1:20-20 dealing with suspended attorneys.
Skip to main content    

      Federal Mine Safety and Health Review Commission    

En Español

            - About FMSHRC               - News
              - Commissioners
              - Chairman and Commissioner Tenure
              - Administrative Law Judges
            - Guides               - Frequently Asked Questions
              - FOIA Guide
              - How a Case Proceeds Before the Commission
              - Guide to Commission Proceedings
              - Requests to Reopen
              - Instructions for Electronic Filing
              - Videoconference Hearings
              - Section 105(c)(3) Complaints
            - Decisions               - Review Commission Decisions
              - ALJ Decisions
              - Blue Books
            - Review Commission Arguments & Meetings               - Oral Arguments
              - Meetings
            - The Mine Act & Procedural Rules               - The Mine Act
              - Procedural Rules
              - Changes to Procedural Rules
            - FOIA               - Submit a FOIA Request
              - FOIA Guide
              - Rules
              - FOIA References
              - FOIA Library
              - FOIA Public Liaison
              - FOIA Reports
              - Proposed FOIA Rules
            - Reports & Budget Submissions               - Strategic Plans
              - Budget and Annual Performance Reports
              - Buy American Reports
              - Performance Accountability Reports
              - Sustainability Report
              - Reports to Congress
              - Contingency Plan
              - Reports to the President
            - Cases on Review               - Cases Currently on Review Before the Commission
              - Commission Decisions On Appeal
            - Contact Us

## Breadcrumb

-  Home 
-                   Secretary of Labor v. Twentymile Coal Company- WEST 2008-788-R              

#   Secretary of Labor v. Twentymile Coal Company- WEST 2008-788-R

November 13-Meeting Notice.pdf

SOL vs. Twentymile Coal DOCKET WEST2008-788-R, etal 10am session.mp3

This argument was previously scheduled October 1, 2013

##### Footer Links

-  EEO Policies 
-  No Fear Act Notice 
-  Employee Ethical Conduct 
-  Equal Access to Justice Act 
-  Motions to Approve Settlement 
-  Non-Discrimination 
-  Reasonable Accommodation Procedures 
-  Privacy Act 
-  Sunshine Act Regulations 
-  USA.gov 
-  FMSHRC Privacy Policy 
-  Vulnerability Disclosure Policy 

### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: (202)434-9900TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 13-6889

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

v.

BRIAN LEE FOSTER,

 Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Louise W. Flanagan, 

District Judge. (5:08-cr-00087-FL-1; 5:11-cv-00439-FL)

Submitted: October 22, 2013 Decided: October 25, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Brian Lee Foster, Appellant Pro Se. Eric David Goulian, OFFICE 

OF THE UNITED STATES ATTORNEY, Rudolf A. Renfer, Jr., Stephen 

Aubrey West, Assistant United States Attorneys, Raleigh, North 

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Brian Lee Foster seeks to appeal the district court’s 

order accepting the recommendation of the magistrate judge and 

denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2013)

motion. The order is not appealable unless a circuit justice or 

judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1)(B) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the motion states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Foster has not made the requisite showing. Accordingly, we 

deny a certificate of appealability, deny Foster’s motion to 

stay appellate proceedings as moot, and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

DISMISSED
65792 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Proposed Rules

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1, 36, and 53

[FAR Case 2000–608 (Extension of

Comment Period)]

RIN 9000–AJ15

Fedral Acquisition Regulation; New

Consolidated Form for Selection of

Architect-Engineer Contractors

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Notice; extension of comment

period.

SUMMARY: On October 19, 2001 66 FR

53314, the Civilian Agency Acquisition

Council and the Defense Acquisition

Regulations Council (Councils)

proposed to amend the Federal

Acquisition Regulation (FAR) to replace

SF 254, Architect-Engineer and Related

Services Questionnaire, and SF 255,

Architect-Engineer and Related Services

Questionnaire for Specific Projects, with

SF 330, Architect-Engineer

Qualifications. This notice extends the

comment period for the proposed rule to

January 8, 2002.

DATES: Interested parties should submit

comments in writing on or before

January 8, 2002 to be considered in the

formulation of a final rule.

ADDRESSES: Submit written comments

to: General Services Administration,

FAR Secretariat (MVP), 1800 F Street,

NW, Room 4035, ATTN: Laurie Duarte,

Washington, DC 20405.

Submit electronic comments via the

Internet to: farcase.2000–608@gsa/gov

Please submit comments only and cite

FAR case 2000–608 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC, 20405, at

(202) 501–4755 for information

pertaining to status or publication

schedules. For clarification of content,

contract Ms. Cecelia L. Davis,

Procurement Analyst, at (202) 219–

0202. Please cite FAR case 2000–608.

Dated: December 14, 2001.

Gloria M. Sochon,

Acting Director, Acquisition Policy Division.

[FR Doc. 01–31304 Filed 12–19–01; 8:45 am]

BILLING CODE 6820–EP–M
[Federal Register Volume 66, Number 248 (Thursday, December 27, 2001)]
[Notices]
[Pages 66870-66871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31738]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Siuslaw Resource Advisory Committee Meeting

AGENCY: Forest Service, USDA.

[[Page 66871]]


ACTION: Notice of meeting.

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

SUMMARY: The Siuslaw Resource Advisory Committee (RAC) will meet on 
January 25, 2002. The meeting will begin at 9:30 a.m., in the Siuslaw 
Valley Fire & Rescue Station, 2625 Highway 101 N., Florence, OR. Agenda 
items will include: Federal Advisory Committee Act (FACA) Overview; 
Roles and Responsibilities for Advisory Committees; Rules/Operational 
Guides/Bylaws; ``The RAC Guidebook;'' How to Stay Connected/Means of 
Communication; Flow of Work (Future Agendas & Meeting Dates); Project 
Process & Contracting; Election of RAC Chairperson; and Public Forum 
(at approximately 3:20 p.m.). The meeting is expected to adjourn at 
4:00 p.m. Interested citizens are encouraged to attend.

FOR FURTHER INFORMATION CONTACT: Linda Stanley, Community Development 
Specialist, Siuslaw National Forest, 541/750-7210 or write to Forest 
Supervisor, Siuslaw National Forest, P.O. Box 1148, Corvallis, OR 
97339.

    Dated: December 19, 2001.
Gloria D. Brown,
Forest Supervisor.
[FR Doc. 01-31738 Filed 12-26-01; 8:45 am]
BILLING CODE 3410-11-M
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3455 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 3455

  To modify the prohibition on recognition by United States courts of 
 certain rights relating to certain marks, trade names, or commercial 
                                 names.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

    Ms. Wasserman Schultz (for herself and Mr. Issa) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To modify the prohibition on recognition by United States courts of 
 certain rights relating to certain marks, trade names, or commercial 
                                 names.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Stolen Trademarks Honored in 
America Act''.

SEC. 2. MODIFICATION OF PROHIBITION.

    Section 211 of the Department of Commerce and Related Agencies 
Appropriations Act, 1999 (as contained in section 101(b) of division A 
of Public Law 105-277; 112 Stat. 2681-88) is amended--
            (1) in subsection (a)(2)--
                    (A) by striking ``by a designated national''; and
                    (B) by inserting before the period ``that was used 
                in connection with a business or assets that were 
                confiscated unless the original owner of the mark, 
                trade name, or commercial name, or the bonafide 
                successor-in-interest has expressly consented'';
            (2) in subsection (b), by striking ``by a designated 
        national or its successor-in-interest'';
            (3) by redesignating subsection (d) as subsection (e);
            (4) by inserting after subsection (c) the following:
    ``(d) Subsections (a)(2) and (b) of this section shall apply only 
if the person or entity asserting the rights knew or had reason to know 
at the time when the person or entity acquired the rights asserted that 
the mark, trade name, or commercial name was the same as or 
substantially similar to a mark, trade name, or commercial name that 
was used in connection with a business or assets that were 
confiscated.''; and
            (5) in subsection (e), as so redesignated, by striking ``In 
        this section:'' and all that follows through ``(2) The term'' 
        and inserting ``In this section, the term''.
                                 <all>
```
Exhibit 99.1

                                 CERTIFICATION


      Pursuant to 18 U.S.C. Section 1350, I, Andrew J. Mako, President of PRUCO
Life Insurance Company, hereby certify that the accompanying Annual Report on
Form 10-K for the year ended December 31, 2002, containing the financial
statements of PRUCO Life Variable Contract Real Property Account (a separate
account of PRUCO Life Insurance Company) and The Prudential Variable Contract
Real Property Partnership (the "Report"), fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of PRUCO Life Variable
Contract Real Property Account and The Prudential Variable Contract Real
Property Partnership.

Date: March 27, 2003


                                        /s/ Andrew J. Mako
                                        -------------------------------
                                        Name:  Andrew J. Mako
                                        Title: President



     The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being filed as part of the Report or as a separate
disclosure document.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 10-KSB dated
May 31, 1999 and is qualified in its entirety by reference to such 10-KSB.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-1999
<PERIOD-END>                               MAY-31-1999
<CASH>                                         243,257
<SECURITIES>                                         0
<RECEIVABLES>                                  113,288
<ALLOWANCES>                                    17,128
<INVENTORY>                                    411,870
<CURRENT-ASSETS>                             1,196,004
<PP&E>                                      28,203,004
<DEPRECIATION>                              11,992,377
<TOTAL-ASSETS>                              17,827,074
<CURRENT-LIABILITIES>                        1,723,981
<BONDS>                                      6,589,369
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     4,029,174
<OTHER-SE>                                   3,943,986
<TOTAL-LIABILITY-AND-EQUITY>                17,827,074
<SALES>                                      5,515,319
<TOTAL-REVENUES>                            12,588,327
<CGS>                                        3,578,444
<TOTAL-COSTS>                               13,058,297
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             490,698
<INCOME-PRETAX>                              (641,530)
<INCOME-TAX>                                 (204,221)
<INCOME-CONTINUING>                          (437,309)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (437,309)
<EPS-BASIC>                                   (0.43)
<EPS-DILUTED>                                   (0.43)



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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET, CONSOLIDATED STATEMENT OF OPERATIONS AND
CONSOLIDATED STATEMENT OF CASH FLOWS INCLUDED IN THE COMPANY'S FORM 10-K FOR THE
PERIOD ENDING JUNE 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS AND THE NOTES THERETO.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                         227,222
<SECURITIES>                                    60,109
<RECEIVABLES>                                1,155,703
<ALLOWANCES>                                    24,056
<INVENTORY>                                    628,064
<CURRENT-ASSETS>                             2,315,594
<PP&E>                                         940,695
<DEPRECIATION>                                 415,243
<TOTAL-ASSETS>                               3,344,592
<CURRENT-LIABILITIES>                        1,086,206
<BONDS>                                        372,034
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     16,998
<COMMON>                                           179
<OTHER-SE>                                   1,822,065
<TOTAL-LIABILITY-AND-EQUITY>                 3,344,592
<SALES>                                      3,086,791
<TOTAL-REVENUES>                             3,662,601
<CGS>                                        1,697,277
<TOTAL-COSTS>                                2,022,546
<OTHER-EXPENSES>                               489,858
<LOSS-PROVISION>                                 8,427
<INTEREST-EXPENSE>                              24,836
<INCOME-PRETAX>                                 98,190
<INCOME-TAX>                                    19,639
<INCOME-CONTINUING>                             78,551
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    78,551
<EPS-PRIMARY>                                      .43
<EPS-DILUTED>                                      .43
        

</TABLE>
exv10w40



 





Exhibit 10.40




MEMORIALIZATION AGREEMENT




     This Memorialization Agreement is entered into as of this 12th day of January, 2006, between
Ciphergen Biosystems, Inc., a Delaware corporation (the “Company”), and Quest Diagnostics
Incorporated (the “Purchaser”) (each a “Party” and together the “Parties”).



RECITALS




     1. The Company and the Purchaser have previously entered into a Stock Purchase Agreement dated
as of July 22, 2005 (the “Purchase Agreement”) providing for the sale to the Purchaser of 6,225,000
shares of Common Stock (the “Common Stock”) of the Company and the issuance to the Purchaser of a
Warrant (the “Warrant”) to purchase additional 2,200,000 shares of Common Stock (the “Warrant
Shares”).



     2. The Company and the Purchaser now wish to clarify their original intent with regard to the
terms of the Purchase Agreement and the Warrant.



     NOW, THEREFORE, the Parties agree as follows:



     1. The Warrant may not be exercised for a number of shares that would result in the Purchaser,
after the issuance of any Warrant Shares, owning more than 19.9% of the number of shares of the
Company’s Common Stock outstanding as of the date of such exercise; provided that Purchaser
may, prior to or concurrently with the issuance of any Warrant Shares, sell such number of shares
of Common Stock that, after giving effect to the issuance of the Warrant Shares and such sale,
Purchaser would not own more than 19.9% of the shares of the Common Stock.



     2. The foregoing shall constitute the agreement of the Parties notwithstanding any
language contained in the Purchase Agreement or the Warrant which may be construed to the
contrary.



     3. Governing Law. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF
DELAWARE WITHOUT REGARD TO ITS CONFLICT OF LAWS PRINCIPLES.



     IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives as of the day and year first written above.



	 	 	 	 	 
	CIPHERGEN BIOSYSTEMS, INC.	 	 
	 
	 	 	 	 
	By:

	 	/s/ Gail S. Page
 

	 	 
	Name:

	 	Gail S. Page	 	 
	Title:

	 	President & CEO	 	 
	 
	 	 	 	 
	QUEST DIAGNOSTICS INCORPORATED	 	 
	 
	 	 	 	 
	By:

	 	/s/ Catherine T. Doherty	 	 
	 

	 	 	 	 
	Name:

	 	Catherine T. Doherty	 	 
	Title:

	 	VP, Office of the Chairman
EXHIBIT
10.2


BANK OF
SCOTLAND

NEW YORK BRANCH

565 Fifth Avenue

New York, New York 10017


October 1, 2007


FirstCity Financial
Corporation

6400 Imperial Drive

Waco, Texas 76712


Gentlemen:


We refer to
Amendment No.10 and Consent to Revolving Credit Agreement dated as of August
22, 2007 (the “Amendment”) among FirstCity Financial Corporation (the “Borrower”),
the financial institutions which are parties to the Agreement hereinafter
referred to (the “Lenders”) and Bank of Scotland, as agent (the “Agent”), for
the Lenders under the Revolving Credit Agreement dated as of November 12, 2004,
among the Borrower, the Lenders and the Agent (as amended to date, the “Agreement”).


The Agent and the
Borrower hereby agree and confirm that the date in Section 9.19 of the Agreement
is amended to be October 31, 2007.


Except as
expressly amended hereby, the Agreement remains in full force and effect in
accordance with its terms.


Please sign below
to confirm the terms of this letter, which may be executed in counterparts,
which when taken together shall constitute one and the same instrument. This letter
shall be governed by, and construed in accordance with, the laws of the State
of New York without reference to choice of law doctrine that would result in
the application of the laws of another jurisdiction. The execution and delivery
of this letter shall not obligate the Agent to agree to any further amendments,
waivers or consents.


On and after
September 17, 2007, the “appointed day” for the registration of the Bank of
Scotland as a public limited company under the United Kingdom Companies Act
1985, all references in this document to the Bank of Scotland however expressed
shall be deemed to be references to Bank of Scotland plc. Bank of Scotland plc
is registered in Scotland and has
its registered office at The Mound, Edinburgh EHI 1YZ.


	
  

  	
   

  	
   

  	
   

  	
  Very truly yours,

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
  BANK OF SCOTLAND plc, New York Branch

  
	
   

  	
   

  	
   

  	
   

  	
  By:

  	
   

  	
  /s/ Joseph Fratus

  
	
   

  	
   

  	
   

  	
   

  	
  Name:

  	
   

  	
  Joseph Fratus

  
	
   

  	
   

  	
   

  	
   

  	
  Title:

  	
   

  	
  First Vice President

  
	
  AGREED:

  	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  	
   

  
	
  FIRSTCITY FINANCIAL CORPORATION

  	
   

  	
   

  	
   

  	
   

  
	
  By:

  	
   

  	
  /s/ James C. Holmes

  	
   

  	
   

  	
   

  	
   

  
	
  Name:

  	
   

  	
  James C. Holmes

  	
   

  	
   

  	
   

  	
   

  
	
  Title:

  	
   

  	
  Senior Vice President