alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 88.2 Employment by tribes or individual claimants.

All such attorneys or agents seeking approval of their employment by Indian tribes or desiring to represent individual claimants before the Indian Bureau shall be required to comply fully with the regulations of the Department promulgated September 27, 1917, governing admission to practice, and to take the oath of allegiance and to support the Constitution of the United States, as required by section 3478 of the United States Revised Statutes (31 U.S.C. 204).

[22 FR 10538, Dec. 24, 1957. Redesignated at 47 FR 13327, Mar. 30, 1982]
The Honorable Anna Beth Merten County Auditor, Wailer County P. 0. Box 966 Hempstead, Texas 77445 Opinion No. H- 77 Re: Is aRoad and Bridge

Warrant Coupon dated April 10, 1939, avalid claim and should itbe Dear Ms. Merten: approved for payment? You have asked us ifthe .County Auditor of Waller County is obligated to pay a claim based upon a $50 coupon issued April 10, 1939, which became due of April 10, 1940. The coupon represented the interest due on awarrant which was apart ofthe Series 1939’Waller County Road and Bridge Warrants. The coupon is now 33years past due. As early as 1881the Texas Supreme Court held that the statute of limitation on acoupon begins to run from the date when the coupon is due. City of Galveston V. P. J. Loonie, 54 Tex. 517(1881). TheCourt denied recovery on coupons which had been due over four years atthe date of the institution ofthe suit. Article 5527, V. T. C.S., governs the period oftime during which an action onthis coupon could have been brought. It reads:

“There shall be commenced and prosecuted within four years 

### after the cause of action shall have accrued, and not afterward, all actions or suits in court of the following description:

“1. Actlms for debt where the indebtedness is evidenced by or founded upon any contract inwriting. ” The right to recover on the coupon accrued on.April 10, 1940. Therefore, it is our opinion that the Office ofthe County Treasurer ofWaller County is not‘obligated by law to pay the bearer of the coupon when it is presented

p. 352The Honorable Anna Beth Merten, page 2 (H-77)

thrity-three years after its due date. Rockwall County v. Roberts County, 128 S.W. 369 (Tex. 1910); Hidalgo County v. Jackson, 119F. 2d 108 (CCA 5th, 1941); Mullens v. Baily, 374 S.W. 2d 455 (Tex. Civ. App., Corpus Christi, 1964); Davis v. Dennis, 448 S.W. 2d 495 (Tex. Civ.App., Tyler, 1969). If suit is instituted inthe collection ofthe past due coupon and the statute of limitation is plead by Waller County, no recovery can be had. It should be noted however, that the defense oflimitation may be waived, and should Waller County wish to acknowledge the claim it may do so. Article 5539, V. T. C.S. The right of a county to waive the statute oflimitation is acknowledged in Falls County v. Mires, 218S.W. 2d 491 (Tex. Civ. APP. 3 1949, err. ref’d. ); and inHidalgo County, Texas v. Jackson, 119F. 2d 108, (CCA 5th, 1941). SUMMARY

Wailer County may refuse to honor the coupon now 33years past duebecause the claim is subject tothe plea that is barred by the statute of limitation provisions ofArticle 5527, V. T. C.‘S. ) or itmay acknowledge the claim and waive the limitation. Very truly yours,

Attorney General of Texas APPRRVED:

DAVID M. KENDALL, Chairman Opinion Committee
p. 353
#### A. G. Russo Construction Company *v.*The Planning and Zoning Commission of Guilford Archie A. Bailey *v.*The Planning and Zoning Commission of Guilford

(Nos. 91979, 92152)

(Nos. 91980, 92153)

*Cordon A. Evans,*in support of the petition.

*Roy H. Scharf,*in opposition.

Submitted April 26

decided May 8, 1974

The defendant’s petition for certification for appeal from the Court of Common Pleas in New Haven County is denied.
-. . . i-

..

.
: ., .



# -. -? 1 # i 1 . .. ; . . L i : .i . j

:- 1 .

-m _... . -. . . . . _. .,.. _. _ . , .- -. - :r ; --. _ 

# i..X:ob

.

.. .~-
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40580 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

versus

IGNACIO MARTINEZ-TOVAR,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-01-CR-110-01

-------------------- October 1, 2002

Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM: *

Ignacio Martinez-Tovar ("Martinez"), federal prisoner # 82731-

079, appeals the district court's denial of his 18 U.S.C.

§ 3582(c)(2) motion for reduction of his sentence for attempted

illegal reentry into the United States after deportation. Martinez

argues that he is entitled to a sentence reduction under Amendment

632 to the sentencing guidelines because the amendment clarifiedNo. 02-40580 -2-
U.S.S.G. § 2L1.2's enhancement for deportation following an

aggravated felony conviction.

Pursuant to 18 U.S.C. § 3582(c)(2), a sentenc ing court may

reduce a term of imprisonment "based on a sentencing range that has

been subsequently lowered by the Sentencing Commission . . . , if

such a reduction is con sistent with applicable policy statements

issued by the Sentencing Commission." Section 3582(c)(2) applies

only to amendments to the sentencing guidelines that operate

retroactively, as set forth in subsection (c ) of the applicable

policy statement, U.S.S.G. § 1B1.10. S ee U nited States v. Drath
, 89 F.3d 216, 217-18 (5th Cir. 1996)

.
Amendment 632 is not listed in U.S.S.G. § 1B1.10(c), p.s.

Thus, an 18 U.S.C. § 3582(c)(2) sentence reduction based on

Amendment 632 would not be consistent with the Sentencing

Commission's policy statement. S ee id. at 218. Amendment 632

therefore cannot be given retroactive effect in the context of an

18 U.S.C. § 3582(c)(2) motion. See id.

In light of the foregoing, t he district court lacked the

authority to reduce Martinez's sentence pursuant to 18 U.S.C.

§ 3582(c)(2). See United States v. Lopez , 26 F.3d 512, 515 & n.3

(5th Cir. 1994). The district court's order denying Martinez's

motion for reduction of sentence is AFFIRMED.
#### § 75.8 Applications for minors and incompetents.

Applications for enrollment of minors may be filed by the parent, next of kin, recognized guardian, or other person responsible for their care. Applications for enrollment of persons known to be in mental or penal institutions may be filed by the Principal Chief of the Eastern Band of Cherokee.

[38 FR 9998, Apr. 23, 1973. Redesignated at 47 FR 13327, Mar. 30, 1982]
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T FI TSG ERA LD J O H A N ES, P et i t i on er , v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 11- 72990 A ge nc yN o. A 095- 629- 938 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d S e pt e m be r24, 2013 ** B e f o r e : R A W L I N S O N , N .R . S M I T H , an dC H R I S T E N , C ir c u it Ju d g e s . F i t s ge r a l d J ohane s , ana t i ve and c i t i z e n of I ndone s i a , pe t i t i ons f

orr e vi e w of the B oard of Im m i grat i on A pp ea l s’ (“ B IA ”) order denyi ng hi s m ot i on t o reopen r e m ova l pr oc e e di ngs . W e have j ur i s di c t i on unde r8 U . S . C . § 1252. W e r e vi e w f or ab u s e o f d is c r e tio n th e B I A ’s d e n ia l o f am o tio n to r e o p e n . N

aj m ab ad iv. H

older , 

# FI LED SEP 30 2013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS2 11- 72990

5 9 7 F . 3 d9 8 3 , 9 8 6 (9 th C i r. 2 0 1 0 ). W e rev i ew d e n o v o cl ai m s o f du e p ro cess v io la tio n s . Co lm e n a rv . I NS , 210 F . 3d 967, 971 ( 9th C i r . 2000) . W e de nythe p e titio n f o rr e v ie w . T he B I A di d notabus e i t s di s c r e t i on i n de ny i ng J ohane s ’ s unt i m e l ym ot i on t o reopen w here the m ot i on w as fi l ed al m ostsi x years af t erthe B IA ’ s f

i nal d e c is io n , se e 8 C . F . R . § 1 00 3. 2(c) (2), and Joh anes fa i l ed t o est abl i sh changed c ir c u m s tan c e s in I n d o n e s iam a te r ia l to h is c la im , se e 8 C . F . R . § 1 00 3. 2(c) (3)( i i ); s e e a ls o M

a ltyv . A s h c r o

ft, 381 F . 3d 942, 945 ( 9th C i r . 2004) ( r e qui r i ng c i r c um s t anc e s t o have c hange d s uf f i c i e nt l ytha tape t i t i one rw ho pr e vi ous l ydi d not h av e ale g itim a te c la im f o ra s y lu m n o w h a s aw e ll- f o u n d e df e aro f p e r s e c u tio n ) . W e r ej ec tJohanes’ s c on t ent i on thatthe B IA ’ s dec i si on i s i nsuffi ci entand d eni es h im du e p r o c e s s . Se e La ta v . I NS , 204 F . 3d 1241, 1246 ( 9th C i r . 2000) ( r e qui r i ng e rr o rt o p r e v a i l o n adu e p r o c e s s c l a i m ) . F u rth e r , i n l i g h to f o u rp r i o rd e c i s i o n , we rej ectJo h an es’ s co n t en t i o n th ath e sh o u l db e g i v en a ch an ce t o reo p en h i s case b a s e do n c h an g e s in th e c a s e law s u rr o u n d in g C h r is tian I n d o n e s ian s . See J oh an es v. H older , N o. 05 -736 87 , 20 10 W L 22 32 48 2 (9th C i r. June 3, 20 10 ). P E T I T I ON F OR RE V I E W DE NI E D.
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. This archiveassures ongoing access to publications in the FDLP/EC. Access to publicationsin the archive is available through GPO's suite of cataloging and locatorservices, including the Catalog of U.S. Government Publications (CGP). Archived copies of publications are retrieved in the event that publicationsare no longer available from the original publishing agency site. 
** 
**Title:****Sus beneficios Medicare.**
 
SuDoc Number:HE 22.52:SPAN./
Item Number:0512-A-82 (online)
CGP systemNumber:001104714
 
2004| 2017
2020 | 2023
 
March 3, 2020**
Exhibit 32.1



Certification of Chief Executive Officer



---

Certification Pursuant to

18 U.S.C. Section 1350,

as added by

Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the quarterly report of Pulaski Financial Corp. (the Company) on Form 10-Q for the period ended June 30, 2004 as filed with
the Securities and Exchange Commission (the Report), I, William A. Donius, Chairman, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as added by § 906 of the Sarbanes-Oxley Act of
2002, that:



|1. | The Report fully complies with the requirement of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | --------------------------------------------------------------------------------------------------------------------



|2. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |        |  |                                                
|--------------------- |  | ------ |  | -----------------------------------------------
|Date: August 13, 2004 |  |        |  | /s/ William A. Donius                          
|                      |  | Name:  |  | William A. Donius                              
|                      |  | Title: |  | Chairman, President and Chief Executive Officer
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 73 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                     February 23, 1999.
    Resolved, That Mr. Portman shall rank immediately following Mr. Camp on the 
Committee on Standards of Official Conduct.
            Attest:

                                                                          Clerk.
```
### §215b. Definitions

As used in this subchapter, the term—

(1) "State bank" means any bank, banking association, trust company, savings bank (other than a mutual savings bank), or other banking institution which is engaged in the business of receiving deposits and which is incorporated under the laws of any State, or which is operating under the Code of Law for the District of Columbia;

(2) "State" means the several States and Territories, the Commonwealth of Puerto Rico, the Virgin Islands, and the District of Columbia;

(3) "Comptroller" means the Comptroller of the Currency; and

(4) "Receiving association" means the national banking association into which one or more national banking associations or one or more State banks, located within the same State, merge.

(Nov. 7, 1918, ch. 209, §7, formerly §3, as added Pub. L. 86–230, §20, Sept. 8, 1959, 73 Stat. 465; renumbered §5, Pub. L. 103–328, title I, §102(b)(4)(B), Sept. 29, 1994, 108 Stat. 2351; renumbered §7, Pub. L. 106–569, title XII, §1204(1), Dec. 27, 2000, 114 Stat. 3033; amended Pub. L. 109–351, title VII, §725(e), Oct. 13, 2006, 120 Stat. 2002; Pub. L. 109–356, title I, §123(e), Oct. 16, 2006, 120 Stat. 2029.)

#### **Editorial Notes**

#### Codification

Provisions similar to those comprising this section were contained in section 5 of act Nov. 7, 1918, ch. 209, as added July 14, 1952, ch. 722, §1, 66 Stat. 601 (formerly classified to section 34c of this title), prior to the complete amendment and renumbering of act Nov. 7, 1918, by Pub. L. 86–230.

#### Amendments

2006—Par. (1). Pub. L. 109–351 and 109–356 amended par. (1) identically, striking out "(except a national banking association located in the District of Columbia)" before semicolon at end.
# C_2006224EN.01003502.xml

| 16.9.2006 | EN | Official Journal of the European Union | C 224/35 |
| --- | --- | --- | --- |

16.9.2006

EN

Official Journal of the European Union

C 224/35

---

Judgment of the Court of First Instance of 13 July 2006 — Shandong Reipu Biochemicals v Council

(Case T-413/03) (1)

1

(Dumping - Imports of para-cresol originating in China - Calculation of the constructed normal value - Taking into account of by-products - Obligation of the Commission and the Council to examine)

(2006/C 224/76)

Language of the case: English

Parties

Applicant: Shandong Reipu Biochemicals Co. Ltd (Shandong, China) (represented by: O. Prost, V. Avgoustidi and E. Berthelot, lawyers)

Applicant:

Defendant: Council of the European Union (represented by: M. Bishop, Agent)

Defendant:

Interveners in support of the defendant: Commission of the European Communities (represented by: T. Scharf and K. Talabér-Ricz, Agents) and Degussa Knottingley Ltd (London, United Kingdom) (represented by: F. Renard, lawyer)

Interveners in support of the defendant:

Re:

Annulment of Council Regulation (EC) No 1656/2003 of 11 September 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of para-cresol originating in the People's Republic of China (OJ 2003 L 234, p. 1)

Operative part of the judgment

| 1. | Council Regulation (EC) No 1656/2003 of 11 September 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of para-cresol originating in the People's Republic of China is annulled in so far as it concerns the applicant. |
| --- | --- |

1.

Council Regulation (EC) No 1656/2003 of 11 September 2003 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of para-cresol originating in the People's Republic of China is annulled in so far as it concerns the applicant.

| 2. | The Council is ordered to bear its own costs and those incurred by the applicant. |
| --- | --- |

2.

The Council is ordered to bear its own costs and those incurred by the applicant.

| 3. | The Commission and Degussa Knottingley Ltd are ordered to bear their own costs. |
| --- | --- |

3.

The Commission and Degussa Knottingley Ltd are ordered to bear their own costs.

---

(1)  OJ C 59, 6.3.2004.

1

---
§ 9004.8 Withdrawal by candidate. ( a ) Any individual who is not actively conducting campaigns in more than one State for the office of President or Vice President shall cease to be a candidate under 11 CFR 9002.2.
( b ) An individual who ceases to be a candidate under this section shall: ( 1 ) No longer be eligible to receive any payments under 11 CFR 9005.2 except to defray qualified campaign expenses as provided in 11 CFR 9004.4.
( 2 ) Submit a statement, within 30 calendar days after he or she ceases to be a candidate, setting forth the information required under 11 CFR 9004.9(c).
### §3763. Transfer of title and possession

#### (a) Delivery of deeds

The foreclosure commissioner shall, upon delivery of a deed or deeds to the purchaser or purchasers (which shall be without warranty or covenants to the purchaser or purchasers) obtain the balance of the purchase price in accordance with the terms of sale provided in the notice of default and foreclosure sale. Notwithstanding any State law to the contrary, delivery of a deed by the foreclosure commissioner shall be a conveyance of the property, and constitute passage of title to the mortgaged property, and no judicial proceedings shall be required ancillary or supplementary to the procedures provided in this chapter to assure the validity of the conveyance or confirmation of such conveyance.

#### (b) Right of possession

A purchaser at a foreclosure sale held pursuant to this chapter shall be entitled to possession upon passage of title under subsection (a) to the mortgaged property, subject to any interest or interests not barred under section 3765 of this title. Any person remaining in possession of the mortgaged property after the passage of title shall be deemed a tenant at sufferance subject to eviction under local law.

#### (c) Death of purchaser

If a purchaser dies before execution and delivery of the deed conveying the property to the purchaser, the foreclosure commissioner shall execute and deliver the deed to a representative of the decedent purchaser's estate upon payment of the purchase price in accordance with the terms of sale. Such delivery to the representative of the purchaser's estate shall have the same effect as if accomplished during the lifetime of the purchaser.

#### (d) Bona fide purchaser

The purchaser of property under this chapter shall be presumed to be a bona fide purchaser.

#### (e) No right of redemption

#### (1) In general

There shall be no right of redemption, or right of possession based upon a right of redemption, in the mortgagor or others subsequent to a foreclosure completed pursuant to this chapter.

#### (2) Certain provisions

Section 1710(l) of this title and section 1452c of title 42 shall not apply to mortgages foreclosed under this chapter.

#### (f) Taxes

When a mortgage foreclosed pursuant to this chapter is conveyed to the Secretary, no tax shall be imposed or collected with respect to the foreclosure commissioner's deed (including any tax customarily imposed upon the deed instrument or upon the conveyance or transfer of title to the property). Failure to collect or pay a tax of the type and under the circumstances stated in the preceding sentence shall not be grounds for refusing to record such a deed, for failing to recognize such recordation as imparting notice, or for denying the enforcement of such a deed and its provisions in any State or Federal court.

(Pub. L. 103–327, title II, Sept. 28, 1994, 108 Stat. 2316.)

#### **Editorial Notes**

#### Codification

Section is based on section 814 of title VIII of S. 2281, One Hundred Third Congress, as reported July 13, 1994, which was enacted into law by Pub. L. 103–327.
Exhibit 31.1

CERTIFICATION

I,
Jennifer M. Davis, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect
of the period covered by this report on Form 10-K of Santander Drive Auto Receivables Trust 2012-3 (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 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period
covered by this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities performed
by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports,
the servicer has fulfilled its obligations under the servicing agreement 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 of compliance 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, except as 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: U.S. Bank National Association.



/s/ Jennifer M. DavisName: Jennifer M. Davis Title: Deputy Chief
Financial OfficerDate: March 29, 2016
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

 

 

We hereby consent to the incorporation by reference in the RegistrationStatements on Form S-3 (Nos. 333-106328 and 333-114078) and Form S-8 (Nos.333-26797, 333-30771, 333-39213, 333-39189, 333-69761, 333-69765, 333-93413,333-93407, 333-67790, 333-97891 and 333-111253) of Vital Images, Inc. ofour report dated February 6, 2004, except as to Note 16 for which the dateis February 14, 2004, and except as to Note 14 for which the date is November 19,2004 relating to the financial statements and financial statement schedule,which appears in this Form 10-K/A.

 

 
| PRICEWATERHOUSECOOPERS LLP |
|----------------------------|
| Minneapolis, Minnesota     |
| November 19, 2004     |

 

1

----