alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Of the Tenth Circuit, sitting by designation. * Not F or P ublication in West's Fe deral Reporter

Citation Limited P ursuan t to 1st C ir. Loc. R. 32.3 

# U nit edStates C ou rt o f App eal s

For th e Firs t C ircu it

No. 06-1800 LOUIS VUITTON MALLETIER, Plaintiff, Appellee,

v . TITO MORALES d/b/a PARIS BAG COLLECTION,

Defendant, Appellant.

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Jay A. García-Gregory, U.S. District Judge]

Before Howard, Circuit Judge, Baldock, and Stahl, Senior Circuit Judges.

*

Reichard & Calaf, P.S.C., Federico Calaf-Legrand, and Vicente A. Sequeda-Torres on brief, for appellee. Julio E. Gil De Lamadrid for appellant.

January 10, 2007-2- Per Curiam. This appeal derives from an action brought by appellee Louis Vuitton Malletier against a host of vendors in Puerto Rico, including appellant Tito Morales (d/b/a Paris Bags), alleging that the v e ndors were selling counterfeit Louis Vuitton merchandise. In due course, the distri c t c o urt entered judgment against Morales, enjoined him from violating appellee's trademark rights, and ordered that he pay $50,000 in damages. Morales appeals. Morales's arguments merit only a brief discussion. Fi r s t , M o r a l e s c h a l l e n g e s t h e s u f f i c i e n c yo f t h e e v i d e n c e that appellee introduced to support its claim. This argument fails to comprehend that the district court entered a default judgment against him. Thus, Morales was deemed to have conceded the truth of a p p e l l e e ' s f a c t u a l a l l e g a t i o n s , s e e I n r e H o m e R e s t a u r a n t s, Inc., 285 F.3d 111, 1 1 4 ( 1 s t C ir. 2002), which were adequate to establish liability. Second, Morales contends that appellee failed to establish actual damages. But this contention is also beside the point because the district court awarded appellee statutory damages. See 15 U.S.C. § 1117(c). Lastly, Morales argues that the district court never acquired perso n a l j urisdiction over him because appellee's amended complaint was never properly served upon him. This argument ignores the fact that Morales was initially served with a "John Doe" complaint and appe a r e d to contest appellee's request for a preliminary injunction on the strengthIn light of our conclusions, appellee's motion to file a 1 supplemental brief is denied. -3- thereof. Morales presents no coherent theory as to how the improper service of a later filing (which, other than specifically identifying prior "John Does, " w as identical to the original complaint) divested the district court of personal jurisdiction over him. An d , i n a ny event, Morales fails to question the district court's alternative conc l usion that any challenge to personal jurisdiction was waived as untimely. See Fed R. Civ. P. 12(h). The judgment of the district court is affirmed. See Loc. R. 27(c). Costs are awarded to appellee. 1
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 09-40510

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

HECTOR FELIX GARZA-GONZALEZ,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:09-CR-22-1

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Appealing the judgment in a criminal case, Hector Felix Garza-Gonzalez

presents arguments that he concedes are foreclosed by United States v. CepedaRios, 530 F.3d 333, 335-36 (5th Cir. 2008), which held that even after Lopez v.

Gonzales, 549 U.S. 47 (2006), a second state conviction for simple possession of

a controlled substance qualifies as an aggravated felony that supports the

imposition of an eight-level enhancement under U.S.S.G. § 2L1.2(b)(1)(C). The

Government’s motion for summary affirmance is GRANTED, and the judgment

of the district court is AFFIRMED.

United States Court of Appeals

Fifth Circuit

F I L E D

October 20, 2009

Charles R. Fulbruge III

Clerk
https://www.fs.usda.gov/research/media/oembed?url=https%3A//usda-fs.wistia.com/medias/lyrwi1y8e2&max_width=0&max_height=0&hash=V8yWTZMmyOmwsaY18VpMlZcaWFZK6v3XvxYRInaSuMs
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Special Emphasis Panel in Computer-Communications Research (1192).                    

*Date/Time:*                         March 1-2, 2001; 8:30 a.m.-6 p.m.                    

*Place:*                         National Science Foundation, 4201 Wilson Boulevard, Arlington, VA.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         John Cozzens, National Science Foundation, 4201 Wilson Boulevard, Room 1145, Arlington, VA 22230. Telephone: (703) 292-8912.                    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate proposals as a part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information; financial data, such as salaries; and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.                    

Dated: February 14, 2001.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 01-4165  Filed 2-20-01; 8:45 am]

BILLING CODE 7555-01-M
[Federal Register Volume 66, Number 34 (Tuesday, February 20, 2001)]
[Notices]
[Page 10874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4224]



[[Page 10874]]

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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. TB-01-01]


National Advisory Committee for Tobacco Inspection Services; 
Meeting

    In accordance with the Federal Advisory Committee Act (5 U.S.C. 
App.) announcement is made of the following committee meeting:

    Name: National Advisory Committee for Tobacco Inspection 
Services.
    Date: March 6, 2001.
    Time: 9 a.m.
    Place: U.S. Department of Agriculture (USDA), Agricultural 
Marketing Service (AMS), 300 12th Street SW., Room 524 Cotton Annex 
Building, Washington, DC 20250.
    Purpose: To elect officers, review various regulations issued 
pursuant to the Tobacco Inspection Act (7 U.S.C. 511 et seq.), and 
discuss the level of service (number of sets of graders) AMS will 
provide for the 2001-2002 tobacco marketing season. The Committee 
will recommend the desired level of service to be provided to 
producers by AMS and an appropriate fee structure to fund the 
recommended services for the 2001-2002 selling season.
    The meeting is open to the public. Persons, other than members, 
who wish to address the Committee at the meeting should contact John 
P. Duncan III, Deputy Administrator, Tobacco Programs, AMS, USDA, 
Room 502 Annex Building, P.O. Box 96456, Washington, DC 20090-6456; 
(202) 205-0567, prior to the meeting. Written statements may be 
submitted to the Committee before, at, or after the meeting. If you 
need any accommodations to participate in the meeting, please 
contact the Tobacco Programs at (202) 205-0567 by February 28, 2001, 
and inform us of your needs.


    Dated: February 14, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 01-4224 Filed 2-16-01; 8:45 am]
BILLING CODE 3410-02-P
**Exhibit 23.2**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in Registration Statement Form S-8 (File Nos. 333-143663**,**33-73506, 333-07441, 333-30525, 333-30605 and 333-120327) and on Form S-3 (File No. 333-146058, 333-69450 and 333-110623) of our reports dated March 14, 2008, with respect tothe consolidated financial statements of Progressive Gaming International Corporation and Subsidiaries, Progressive Gaming International Corporation and Subsidiaries and the effectiveness of internal control over financial reporting of ProgressiveGaming International Corporation and Subsidiaries, included in this Annual Report (Form 10-K) for the year ended December 31, 2007. 

/s/    ERNST & YOUNG LLP 

Las Vegas, Nevada 

March 17, 2008
Exhibit 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Registration Statements on Form S-8 (Nos. 333-09873, 333-82357,
333-106129, 333-129447 and 333-130336) and Registration Statements on Form S-3 (Nos. 333-04298, 333-28129,
333-82455, 333-88211, 333-87774, 333-104677, 333-106207, 333-121312, 333-128181 and 333-131426) of our
reports dated March 21, 2008 relating to the consolidated financial statements of Evergreen Energy Inc. and subsidiaries (which report expresses an unqualified opinion and includes an
explanatory paragraph relating to the change in method of accounting for stock based compensation discussed in Note 1 and an explanatory paragraph relating to the restatement discussed in
Note 18), and the effectiveness of the Company's internal control over financial reporting (which report expresses an adverse opinion on the effectiveness of the Company's internal control over
financial reporting because of a material weakness) appearing in this Annual Report on Form 10-K of Evergreen Energy Inc. for the year ended December 31, 2007.

/s/
DELOITTE & TOUCHE LLP

Denver,
Colorado
March 21, 2008

---



QuickLinks
IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Doug Lorenzen, Pamela Bishop, :

Phillip J. Stober, and Concerned :

Citizens of Lebanon County :

:

v. : No. 851 C.D. 2018

:

West Cornwall Township Zoning :

Hearing Board and Sunoco Pipeline, L.P. :

:

Appeal of: Doug Lorenzen, Pamela :

Bishop, Phillip J. Stober, and Concerned :

Citizens of Lebanon County :

O R D E R

NOW, December 6, 2019, having considered Appellee Sunoco Pipeline 

L.P.’s application for reargument, and Appellants’ answer in response thereto, the 

application is denied.

 

 MARY HANNAH LEAVITT,

 President Judge
f

. . . . .
..&.... I’ OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN&&rable ij. U. Snith, page 2 uDuring this lltigction there acoumultiteb ap proxlmtely $1400.00 in tnxea collected. Tba money use depo8ltad in jecurltystate Br:nk, Parwell, Texas, in the name of TEXAS-NlWUiXICO XHGOL DIdTRTCT #l, and Borlna IndependentSohool Dlstriotwant.6 tJm aoney. I oan me no reaaon why thl8 .mney 00~14 not be paid to Bovina IndeoendentSchool Dletriotbeaauee it ia all tax money from-what 18 now~part of B:;VI ’th IX'CEPiG~31UJT SCHG C’lL DUTiilCT. Will you please a&vim me whether or not there 14 any remson why thle money should not be traneferred to Bovlna **Independent** ~obool Diatrlot?" /-----

CFQ:LP
I

103D CONGRESS

1ST SESSION H. R. 1917

Directing the Secretary of Transportation to review commercial motor vehicle

weight limitations in the State of Ohio, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1993

Mr. TRAFICANT introduced the following bill; which was referred to the

Committee on Public Works and Transportation

A BILL

Directing the Secretary of Transportation to review commercial motor vehicle weight limitations in the State of Ohio,

and for other purposes.

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

3 SECTION 1. VEHICLE WEIGHT LIMITATIONS IN THE STATE

4 OF OHIO.

5 (a) REVIEW.—The Secretary of Transportation shall

6 review the Federal and State commercial motor vehicle

7 weight limitations applicable to Federal-aid highways in

8 the State of Ohio.

9 (b) WAIVER AUTHORITY.—If the Secretary of Trans10 portation determines, on the basis of the review conducted
2

•HR 1917 IH

1 under subsection (a), that it is in the public interest, the

2 Secretary shall waive application of the vehicle weight lim3 itations of section 127(a) of title 23, United States Code,

4 in whole or in part, to highways on the Dwight D. Eisen5 hower System of Interstate and Defense Highways in the

6 State of Ohio for short wheel-base vehicles for such period

7 as the Secretary determines may be necessary to permit

8 a reasonable period of depreciation for short wheel-base

9 vehicles purchased before October 1, 1991.

10 (c) MORATORIUM ON WITHHOLDING OF FUNDS.—

11 Until the Secretary of Transportation makes a determina12 tion relating to public interest under subsection (b), the

13 Secretary shall not withhold funds under section 127(a)

14 of title 23, United States Code, from apportionment to

15 the State of Ohio for failure to comply with such section.

16 SEC. 2. TECHNICAL AMENDMENT.

17 Section 127(d)(1)(E) of title 23, United States Code,

18 is amended by striking ‘‘July 5, 1991’’ and inserting ‘‘July

19 6, 1991’’.

Æ
[No. 25344-9-III.

Division Three.

August 23, 2007.]

#### The State of Washington, *Respondent,*v. Benjamin Padilla, *Appellant.*

Appeal from a judgment of the Superior Court for Douglas County, No. 06-1-00063-7, John Hotchkiss, J., entered June 26, 2006. *Affirmed*by unpublished opinion per Sweeney, C.J., concurred in by Schultheis and Brown, JJ.
##### 



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

This certification is provided pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, 18 U.S.C. Section 1350, and accompanies the quarterly report on
Form 10-Q (the Form 10-Q) for the quarter ended June 30, 2003 of FirstCity
Financial Corporation (the Company).

I, James T. Sartain, the Chief Executive Officer of the Company, certify that,
to my knowledge:

(i)  the Form 10-Q fully complies with the requirements of Section 13(a) or
15(d), as applicable, of the Securities Exchange Act of 1934; and

(ii)  the information contained in the Form 10-Q fairly presents, in all
material respects, the financial condition and results of operations of the
Company at the dates and for the periods indicated.

|    |                                                                
|--- | ---------------------------------------------------------------
|By: | /s/ JAMES T.
SARTAINJames T. SartainPrincipal Executive Officer

Dated: August 12, 2003

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.
Schedule
      10.18

    Payees

    


    


    1. Senior
      Secured Convertible Promissory Note, dated February 21, 2006 by the Company
      in
      favor of PFK Acquisition Group, LLC in the amount of $100,000 

    


    2. Senior
      Secured Convertible Promissory Note, dated February 14, 2006, by the Company
      in
      favor of Alfred F. Bracher, III in the amount of $100,000. 

    


    3. Senior
      Secured Convertible Promissory Note, dated March 13, 2006, by the Company in
      favor of Howard Goldberg in the amount of $100,000. 

    


    4. Senior
      Secured Convertible Promissory Note, dated February 14, 2006, by the Company
      in
      favor of Real Path, Inc. in the amount of $25,000. 

    


    5. Senior
      Secured Convertible Promissory Note, dated February 7, 2006, by the Company
      in
      favor of Schachter Trust, Diane Schachter, Trustee in the amount of $25,000.
      

    


    6. Senior
      Secured Convertible Promissory Note, dated March 24, 2006, by the Company in
      favor of Harvey Goldberg in the amount of $20,000. 

    


    7. Senior
      Secured Convertible Promissory Note, dated March 21, 2006, by the Company in
      favor of Larry Chimerine in the amount of $10,000. 

    


    8. Senior
      Secured Convertible Promissory Note, dated February 13, 2006, by the Company
      in
      favor of Nob Hill Capital Partners, LP in the amount of $100,000.

    


    9. Senior
      Secured Convertible Promissory Note, dated June 28, 2006, by the Company in
      favor of PFK Acquisition Group II, LLC in the amount of $100,000.

    


    10. Senior
      Secured Convertible Promissory Note, dated July 30, 2006, by the Company in
      favor of Nob Hill Capital Associates, LP in the amount of $20,000.

    


    11. Senior
      Secured Convertible Promissory Note, dated July 30, 2006, by the Company in
      favor of Nob Hill Capital Partners, LP in the amount of $100,000.

    


    12. Senior
      Secured Convertible Promissory Note, dated August 10, 2006, by the Company
      in
      favor of Nicolette Consulting Group Limited in the amount of $100,000.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       7,429,720
<SECURITIES>                                         0
<RECEIVABLES>                                  551,321
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      85,450,399
<DEPRECIATION>                             (16,074,728)
<TOTAL-ASSETS>                              79,532,522
<CURRENT-LIABILITIES>                        2,721,251
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      5,274
<COMMON>                                         1,710
<OTHER-SE>                                  43,267,719
<TOTAL-LIABILITY-AND-EQUITY>                79,532,522
<SALES>                                              0
<TOTAL-REVENUES>                             2,682,922
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             3,100,684
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             704,253
<INCOME-PRETAX>                             (1,122,015)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (1,122,015)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (1,122,015)
<EPS-PRIMARY>                                    (0.66)
<EPS-DILUTED>                                        0
        

</TABLE>
[No. 58366-2-I.

Division One.

August 20, 2007.]

#### The State of Washington, *Respondent,*v. Tristian Anthony Clarke, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 05-1-12095-5, Linda Lau, J., entered June 6, 2006. *Affirmed*by unpublished per curiam opinion.
# 2023 Organic Certification Cost Share Programs

# State Agency Points of Contact

Page | **8** 		September 13, 2023
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     This Schedule  contains summary financial  information  extracted from form
     10-QSB  for the  quarter  ended  March  31,  1997 and is  qualified  in its
     entirety by reference to such financial statements.
</LEGEND>
<RESTATED>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-END>                                   MAR-31-1997
<CASH>                                         1,287,866
<SECURITIES>                                   0
<RECEIVABLES>                                  24,478
<ALLOWANCES>                                   0
<INVENTORY>                                    261,392
<CURRENT-ASSETS>                               1,643,084
<PP&E>                                         5,718,922
<DEPRECIATION>                                 1,091,211
<TOTAL-ASSETS>                                 6,356,715
<CURRENT-LIABILITIES>                          3,208,211 <F1>
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    1,932,483
<COMMON>                                       61,389
<OTHER-SE>                                     22,678,733
<TOTAL-LIABILITY-AND-EQUITY>                   6,356,715
<SALES>                                        151,999
<TOTAL-REVENUES>                               151,999
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               1,211,222
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             40,977
<INCOME-PRETAX>                                (1,072,394)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (1,072,394)
<EPS-PRIMARY>                                  (0.17)
<EPS-DILUTED>                                  0
<FN>
     (1)  Current   liabilites   include   current   maturities   of   long-term
     dobt-stockholders  of which  $1,495,000 due March 31, 1998, as amended,  is
     due to officers or directors.
</FN>
        


</TABLE>