alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1000.395 Do OMB circulars and revisions apply to self-governance funding agreements? Yes, OMB circulars and revisions apply, except for: ( a ) Listed exceptions for Tribes and Tribal Consortia;
( b ) Exceptions in 25 U.S.C. 450j-1(k); and
( c ) Additional exceptions that OMB may grant.
### Kyanite, sillimanite, and andalusite deposits of the southeastern States

By: G.H. EspenshadeD.B. Potter

                            https://doi.org/10.3133/pp336

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#### Abstract

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### SUBCHAPTER IV—CONTINUATION ON ACTIVE DUTY AND SELECTIVE EARLY RETIREMENT

Sec.
637.
Selection of regular officers for continuation on active duty.
637a.
Continuation on active duty: officers in certain military specialties and career tracks.
638.
Selective early retirement.
638a.
Modification to rules for continuation on active duty; enhanced authority for selective early retirement and early discharges.
638b.
Voluntary retirement incentive.
639.
Continuation on active duty to complete disciplinary action.
640.
Deferment of retirement or separation for medical reasons.

#### **Editorial Notes**

#### Amendments

**2016**—Pub. L. 114–328, div. A, title V, §505(a)(2), Dec. 23, 2016, 130 Stat. 2108, added item 637a.

**2011**—Pub. L. 112–81, div. A, title V, §504(a)(2), 125 Stat. 1390, added item 638b.

**1990**—Pub. L. 101–510, div. A, title V, §521(a)(2), Nov. 5, 1990, 104 Stat. 1561, added item 638a.
#### Max Resnicoff, Respondent, v. Samuel Blick, Appellant.

Motion denied, with ten dollars costs. Present — Woodward, Jenks, Hooker, Gaynor and Rich, JJ.
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**Exhibit 31**

EX-31 Rule 13a-14(d)/15d-14(d) Certifications. 

I, AnthonyOrso, certify that: 

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to befiled in respect of the period covered by this report on Form 10-K of the CFCRE Commercial Mortgage Trust 2011-C2 (the “Exchange Act periodic reports”);

2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state amaterial 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by thisreport is included in the Exchange Act periodic reports; 

4. Based on my knowledge and the servicer compliance statements required in this report underItem 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and 

5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, exceptas otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: 

KeyBank National Association, as Master Servicer, LNR Partners, LLC, as Special Servicer, U.S. Bank National Association, as Trustee, Citibank, N.A., asCertificate Administrator, Citibank, N.A., as Custodian, TriMont Real Estate Advisors, Inc., as Operating Advisor, and U.S. Bank National Association, as Servicing Function Participant. 

Dated: March 28, 2017 

/s/Anthony Orso 

Principal Executive Officer 

(senior officer in charge of securitization of the depositor)
#### § 166.214 Will the BIA notify the permittee of any change in land title status?

Yes. We will notify the permittee if a fee patent is issued or if restrictions are removed. After we notify the permittee our obligation under § 166.228 of this part ceases.
#### § 1000.182 What is the process for negotiating a successor AFA?

The Tribe/Consortium and the bureau use the procedures in §§ 1000.173-1000.179.
### §2032. Responsibility of the Secretaries of the military departments to maximize enrollment and enhance efficiency

(a) Coordination.—The Secretary of each military department, in establishing, maintaining, transferring, and terminating Junior Reserve Officers' Training Corps units under section 2031 of this title, shall do so in a coordinated manner that is designed to maximize enrollment in the Corps and to enhance administrative efficiency in the management of the Corps.

(b) Consideration of New School Openings and Consolidations.—In carrying out subsection (a), the Secretary of a military department shall take into consideration—

(1) openings of new schools;

(2) consolidations of schools; and

(3) the desirability of continuing the opportunity for participation in the Corps by participants whose continued participation would otherwise be adversely affected by new school openings and consolidations of schools.

(Added Pub. L. 105–85, div. A, title V, §546(a), Nov. 18, 1997, 111 Stat. 1746.)
### SUBCHAPTER II—MULTIYEAR CONTRACTS FOR ACQUISITION OF SERVICES

Sec.
3531.
Multiyear contracts: acquisition of services.

#### **Editorial Notes**

#### Amendments

**2021**—Pub. L. 117–81, div. A, title XVII, §1701(k)(3)(A)(i), (B), Dec. 27, 2021, 135 Stat. 2143, amended Pub. L. 116–283, div. A, title XVIII, §1822(c), formerly §1822(m), Jan. 1, 2021, 134 Stat. 4203, which added this analysis, by making the redesignation of section 1822(m) as 1822(c) and by adding item 3531 and striking out what would have been items 3531 to 3535.
§ 162.210 When can BIA grant a permit covering agricultural land? ( a ) We may grant a permit covering agricultural land in the same manner as we would grant an agricultural lease under § 162.209 of this part. We may also grant a permit on behalf of individual Indian landowners, without prior notice, if it is impractical to provide notice to the owners and no substantial injury to the land will occur.
( b ) We may grant a permit covering agricultural land, but not an agricultural lease, on government land.
( c ) We will not grant a permit on tribal agricultural land, but a tribe may grant a permit, subject to our approval, in the same manner as it would grant a lease under § 162.207(a) of this subpart.
H. Res. 13

In the House of Representatives, U.S.,

January 6, 1999.

Whereas, Sam Farr, a Representative-elect from the Seventeenth District of the State of California, has been unable

from illness to appear in person to be sworn as a Member

of the House, and there being no contest or question as

to his election: Now, therefore, be it

Resolved, That the Speaker, or deputy named by him, is

hereby authorized to administer the oath of office to the Honorable Sam Farr at Carmel, California, and that such oath

be accepted and received by the House as the oath of office

of the Honorable Sam Farr.

Attest:

Clerk.
#### J. R. Warren v. The State.

No. 22688.

Delivered December 22, 1943.

The opinion states the case.

*J. A. Johnson,*of Stephenville, for appellant.

*Spurgeon E. Bell,*State’s Attorney, of Ausin, for the State.

GRAVES, Judge.

Appellant was charged with felony theft, and upon conviction was awarded a penalty of two years in the State penitentiary.

The facts show that 40 boxes of cigars consigned by freight to J. A. Stockton at Stephenville, Texas, were by a truck driver for the Santa Fe Railroad, early in the morning, placed on the sidewalk in front of the store of Mr. Stockton, which was also occupied by Mr. Flanery. The box containing such cigars had plainly marked thereon its supposed contents, and J. A. Stockton’s name.

*479The indictment contained seven counts, but the court only submitted to the jury the first count thereof.

There is but one bill of exceptions in the record, and that relates to the charge of the court, and it is contended that because the testimony shows that these allegedly stolen cigars were contained in 40 small cigar boxes, each containing only 50 cigars, and each small box being of the value of $2.25, and the fact being shown that such small boxes were concealed within the larger box, that the court should have instructed the jury that before they could convict appellant they should find that he had knowledge of the amount of property concealed in such large box, and the value thereof; or, in other words, that the appellant knew the contents of the large box and its value. We do not think it to be necessary to show that the appellant, at the time he took the box containing the cigars, knew what the contents of such box was, nor the probable value thereof. When he committed the unlawful act, he was charged with the consequences thereof, it being his misfortune perhaps that the amount of property thus taken was valued at more than fifty dollars.

Again, it was contended that Mr. Stockton was not in possession of such, goods at the time of their taking. Stockton testified that in the delivery to him of freight it was customary that same would be placed on the sidewalk in front of his place of business, as this shipment was shown to have been placed. He testified that “Merchandise left out in front of my place was in my possession, management and control; nobody else had any right or permission to do anything with the stuff that was left out there in the front of that store.”

The first count in the indictment alone was submitted to the jury, it being the one alleging the taking from the possession of J. A. Stockton without his consent, etc., and we think the trial court was correct in thus submitting the same to the jury. We think Mr. Stockton was in possession of such box of cigars at the time it was taken.

We see no error in the record, and the judgment is therefore affirmed.
#### State of Nebraska, appellee, v. Richard Lee Taylor, appellant.

227 N. W. 2d 26

Filed March 27, 1975.

No. 39700.

Richard Lee Taylor, pro se.

Paul L. Douglas, Attorney General, and Bernard L. Packett, for appellee.

Heard before Spencer, Newton, Clinton, and Brodkey, JJ., and Warren, District Judge.

Newton, J.

This is a post conviction action. Defendant, on a plea *389of guilty, was convicted of burglary. Pursuant to a plea bargain the State’s attorney recommended probation. Sentence was deferred pending a presentence investigation. During this period the defendant committed another felony. The original plea bargain was withdrawn but another one entered into. The State agreed to drop charges on the most recent felony if defendant adhered to his plea of guilty to the burglary charge. This he did and he received a flat 10-year sentence. Defendant was represented by counsel on both occasions.

Defendant assigns as error the failure to grant an evidentiary hearing, denial of a direct appeal, failure to appoint counsel in this proceeding, failure to include the presentence report in the record on appeal, that the report was incomplete and biased, and excessiveness of the sentence. We affirm the judgment of the District Court.

Defendant’s motion to vacate the judgment set out only two purported grounds, excessiveness of the sentence and an incomplete presentence-investigation report. It is evident that no grounds were presented to the District Court which would require an evidentiary hearing. It is well established that matters relating to sentences within statutory limits are not a basis for post conviction relief. See State v. Birdwell, 188 Neb. 116, 195 N. W. 2d 502. The complaint regarding the presentence report could only affect the sentence imposed and falls in the same category. Furthermore, it is not alleged that access to the report was denied to defendant. He could have availed himself of the opportunity to amplify it or submit additional evidence. See § 29-2261 (5), R. S. Supp., 1974.

Assignments of error on grounds available to the defendant in the District Court must first have been presented to the District Court. See, § 29-3001, R. S. Supp., 1974; State v. Clingerman, 180 Neb. 344, 142 N. W. 2d 765.

The denial of request for court-appointed counsel on *390appeal of a post conviction proceeding is properly refused when the record and files show the defendant- is not entitled to relief. See State v. Gero, 186 Neb. 379, 183 N. W. 2d 274.

No error' appearing, the judgment of the District Court is affirmed.

Affirmed.
§ 166.200 When is a permit needed to authorize possession of Indian land for grazing purposes? ( a ) Unless otherwise provided for in this part, any person or legal entity, including an independent legal entity owned and operated by a tribe, must obtain a permit under these regulations before taking possession of Indian land for grazing purposes.
( b ) An Indian landowner who owns 100% of the trust or restricted interests in a tract may take possession of that Indian land without a permit or any other prior authorization from us.
( c ) If an Indian landowner does not own 100 percent (%) of his or her Indian land and wants to use the Indian land for grazing purposes, a permit must be granted by the majority interest of the fractionated tract.
#### George A. Treadwell, Respondent, *v.*William A. Clark, Appellant, Impleaded with United Verde Copper Company and Others, Defendants.

(No. 2.)

First Department,

February 7, 1908.

Attorney and client — no relief because of erroneous advice —judgment — depreciation in subject-matter pending appeals.

The court will not relieve a client who has acted upon erroneous advice of counsel as to the legal effect of a stipulation postponing the execution pf a judgment.

When a decree requires the defendant, to deliver a certificate of stock to the " plaintiff, with permission to the latter on the - defendant’s default to enter judgment for an adjudged value thereof,' the defendant will not be relieved from, a money judgment entered by the plaintiff be'cause the value of the stock has diminished pending unsuccessful appeals by the defendant.

Appeal by the defendant, William A. Clark, from an order of the Supreme Court, made at the New York Special'Term bearing date the 6th day of January, 1908, and entered-in the office of the clerk of the county of New York. ■

*Alfred JB..*Cruilcshanlc, for the appellant.

*Charles M. Demond,*for the respondent. ■

McLaughlin, J.:

This appeal is from an order denying appellant’s motion for an extension, of time to deliver a certain certificate of stock. The *261appeal was argued in connection with a motion to vacate a judgment between the same parties. *(Treadwell*v. Clark, *No. 1,*124 App. Div. 256.) The two appeals are practically identical and are based upon substantially the same facts, and for the reasons stated in the opinion delivered in. the other appeal this order must be affirmed.

It is true on the motion which resulted in the order here appealed from an affidavit was presented by Clark to the effect that he acted upon the advice of counsel, who informed him that the certificate of stock and the bond could be delivered at any time within thirty days after the remittitur of the Court of Appeals had been filed in the Supreme Court. This advice, if given, was an erroneous view as to the law and is not a sufficient ground for relief. *(Weed*v. *Weed,*94 N. Y. 243; *Jacobs*v. *Morange,*47 id. 57.) There is in this affidavit a statement to the effect that the certificate of stock is not worth $30,000 or anything near like that amount, and it would be unjust and inequitable' to compel defendant to pay that sum. The trial court found that this was the value of the certificate at the time the trial took place. The plaintiff has been prevented since that time from either receiving the value or taking the certificate by reason of the defendant’s appeals. Defendant having been the sole cause of the 'delay it would seem to be unjust and inequitable to the plaintiff to. now compel him to take the certificate of stock, it having depreciated in value.

The order appealed from, therefore, is affirmed, with ten dollars costs and disbursements.

Pattersoh, P. J., Laughlin, Clarke and Scott, JJ.,,concurred.

Order affirmed, with ten dollars costs and disbursements. "
#### § 1.3 Scope.

Chapters I and II of this title contain the bulk of the regulations of the Department of the Interior of general application relating to Indian affairs. Subtitle B, chapter I, title 43 of the Code or Federal Regulations contains rules relating to the relationship of Indians to public lands and townsites. Subtitle A of title 43 CFR has application to certain aspects of Indian affairs and, among other things, contains procedural rules for appellate and other administrative review and for practice before the Department of the Interior, of which the Bureau of Indian Affairs is a part. Indian health matters are covered in 42 CFR part 36. Title 30 CFR contains regulations on oil and gas and other mining operations, which, under certain circumstances, may be applicable to Indian resources.

[25 FR 3124, Apr. 12, 1960, as amended at 40 FR 20625, May 12, 1975; 48 FR 13414, Mar. 31, 1983]
### IN THE TENTH COURT OF APPEALS

No. 10
- 15
- 00083
- CV
IN RE CHARLES ROBERT BLAKE
Original Proceeding

MEMORANDUM OPINION
Charles Robert Blake’s amended petition for writ of mandamus is denied. Absent a specific exemption, the Clerk of the Court must collect filing fees at the time a document is presented for filing. T EX
. R. A PP
. P . 12.1(b); Appendix to T EX
. R. A PP
. P ., Order Regarding Fees (Amended Aug. 28, 2007, eff. Sept. 1, 2007). S ee also T EX
. R.
A PP
. P . 5; 10 TH T EX
. A PP
. (W ACO ) L OC
. R. 5; T EX
. G OV ’ T C ODE A NN . §§ 51.207(b); 51.208; § 51.941(a) (West 2013). Under these circumstances, we suspend the rule and order the Clerk to write off all unpaid filing fees in this case. T EX
. R. A PP
. P . 2 . The write

- off of the fees from the accounts receivable of the Court in no way eliminates or reduces the
fees owed.
TOM GRAY Chief JusticeIn re Blake Page 2

Before Chief Justice Gray, Justice Davis, and Justice Scoggins Petition denied Opinion delivered and filed April 30 , 2015 [OT06]
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               JUN-30-2000
<CASH>                                               7
<SECURITIES>                                         0
<RECEIVABLES>                                       64
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                   129
<PP&E>                                           1,721
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   3,728
<CURRENT-LIABILITIES>                            7,253
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             4
<OTHER-SE>                                     (3,529)
<TOTAL-LIABILITY-AND-EQUITY>                     3,728
<SALES>                                             77
<TOTAL-REVENUES>                                    77
<CGS>                                               29
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 2,363
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (2,867)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,286)
<DISCONTINUED>                                   (581)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,867)
<EPS-BASIC>                                     (0.07)
<EPS-DILUTED>                                   (0.07)


</TABLE>