alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(55 South. 413.)

No. 18,414.

#### TOWN OF SLIDELL v. LEVY.

(May 22, 1911.)

*(Syllabus by the Court.)*

1. Municipal Coepoeations (§ 110*) — OediN AN OES — VALIDITY.

An ordinance of a town council must be promulgated in the way directed in the law to have any effect. Section 33, Act No. 136 of 1898; Mayor of Breaux’s Bridge v. Dupuis, 30 La. Ann. 1105; Town of Mandeville v. Band, 111 La. Ann. 806, 35 South. 915.

[Ed. Note. — For other cases, see Municipal Corporations, Cent. Dig. §§ 239-244; Dec. Dig. § 110.*]

2. Municipal Coepoeations (§ 122*) — Oedinances — Validity.

' Where the fact is denied that a certain ordinance has been enacted by a town council, the fact can only be proved by the deliberations of the council, and their promulgation, duly attested.

[Ed. Note. — For other cases, see Municipal Corporations, Cent. Dig. §§ 287-289; Dec. Dig. § 122.*]

Appeal from Mayor’s Court of Slidell; Paul Gardere, Mayor.

Jacob Levy was convicted of violation of an ordinance of the Town of Slidell, and appeals.

Reversed.

Joseph B. Lancaster, for appellant. E. Elmo Bollinger, for appellee.

SOMMERVILLE, J.

Defendant appeals from conviction and sentence by the mayor for violation of an ordinance of the town of Slidell.

In a bill of exceptions taken to the ruling of the court on his motion to quash the affidavit against him, defendant sets up that the ordinance under which he was convicted and sentenced was illegal, for the reason, among others, that it had not been promulgated; to which the judge added that “the above bill of exceptions sets forth the facts correctly.”

The town of Slidell is organized under Act No. 136 of the Acts of the General Assembly of Louisiana for the year 1898, the title of which is as follows: An act for the creation and government of municipal corporations throughout the state, and defining their powers and duties, and providing for the extention or contraction of their limits.

[1] And in section 33 of the act it is provided:

> “All ordinances and allowances shall as soon as practicable, after they are passed, be published in some newspaper of the municipality, or, if there be no such newspaper, by posting at three or more public places within the corporate limits, for three weeks.”

In the case of Town of Mandeville v. Band, 111 La. Ann. 806, 35 South. 915, we held that ordinances of a town had to be published in one of the ways provided for in the law; that publicity is of importance in the administration of public affairs. And in the case of Mayor of Breaux’s Bridge v. Dupuis, 30 La. Ann. 1105, we said:

> “Unless promulgated and preserved in the English language no law or ordinance, whether passed by the Legislature or a town council, can have any binding effect.”

*811For these reasons, it is ordered, adjudged, and decreed that the judgment appealed from is annulled, avoided, and reversed, and the sentence is set aside.
### §493. Omitted

#### **Editorial Notes**

#### Codification

Section, act May 11, 1926, ch. 286, 44 Stat. 514, which authorized the Secretary of Agriculture to furnish young trees free from the Nebraska National Forest to homestead settlers, was from the Department of Agriculture Appropriation Act, 1927, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts:

Feb. 10, 1925, ch. 200, 43 Stat. 835.

June 5, 1924, ch. 266, 43 Stat. 445.

Feb. 26, 1923, ch. 119, 42 Stat. 1304.

May 11, 1922, ch. 185, 42 Stat. 520.

The Nebraska National Forest, Niobrara division, was redesignated the Samuel R. McKelvie National Forest by Pub. L. 92–142, Oct. 15, 1971, 85 Stat. 393.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GRIGOR TASALYAN,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-71257

Agency No. A077-993-666

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted October 19, 2010** 

Before: O’SCANNLAIN, LEAVY, and TALLMAN, Circuit Judges.

Grigor Tasalyan, a native and citizen of Armenia, petitions for review of the

Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s

(“IJ”) decision denying his application for asylum, withholding of removal, and

protection under the Convention Against Torture (“CAT”). We have jurisdiction

FILED

NOV 01 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-71257

under 8 U.S.C. § 1252. We review for substantial evidence, Husyev v. Mukasey,

528 F.3d 1172, 1177 (9th Cir. 2008), and we deny the petition for review. 

 Substantial evidence supports the agency’s adverse credibility

determination because Tasalyan’s hearing testimony and his airport interview

statements were inconsistent as to his reasons for coming to the United States,

whether he had been arrested in Armenia, and whether he feared returning to

Armenia, see Li v. Ashcroft, 378 F.3d 959, 962-63 (9th Cir. 2004), and Tasalyan’s

asylum application omitted his employment as a driver for the Armenian National

Movement, see Husyev, 528 F.3d at 1183. The IJ properly considered and rejected 

Tasalyan’s explanations for the inconsistencies. See Li, 378 F.3d at 963. In the

absence of credible testimony, Tasalyan’s asylum and withholding of removal

claims fail. See Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003).

Because Tasalyan’s CAT claim is based on testimony the agency found not

credible, and he points to no other evidence to show it is more likely than not he

would be tortured if he returned to Armenia, his CAT claim fails. See id. at

1156-57. Finally, the record does not support Tasalyan’s contention that the BIA

failed to address his CAT claim. 

PETITION FOR REVIEW DENIED.
# Official Journal L 9/2023

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 9 |
| | |
| English edition | Legislation | Volume 6611 January 2023 |

ISSN 1977-0677

Official Journal

of the European Union

L 9

English edition

Legislation

Volume 6611 January 2023

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2023/66 of 21 October 2022 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2023/66 of 21 October 2022 amending Regulation (EU) 2021/821 of the European Parliament and of the Council as regards the list of dual-use items

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
§ 1225.3 Definitions. As used in this part: ( a ) *Alcohol concentration* means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
( b ) *ALR* means either administrative license revocation or administrative license suspension.
( c ) *BAC* means either blood or breath alcohol concentration.
( d ) *BAC per se law* means a law that makes it an offense, in and of itself, to operate a motor vehicle with an alcohol concentration at or above a specified level.
( e ) *Citations to State law* means citations to all sections of the State's law relied on to demonstrate compliance with 23 U.S.C. 163, including all applicable definitions and provisions of the State's criminal code and, if the State has an ALR law, all applicable provisions of the State's ALR law.
( f ) *Has enacted and is enforcing* means the State's law is in effect and the State has begun to implement the law.
( g ) *Operating a motor vehicle* means driving or being in actual physical control of a motor vehicle.
( h ) *Standard driving while intoxicated offense* means the non-BAC *per se* driving while intoxicated offense in the State.
( i ) *State* means any one of the 50 States, the District of Columbia, or Puerto Rico.
**Hercules Incorporated**

**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**

In connection with the amended Annual Report of Hercules Incorporated (the "Company") on Form 10-K/A for the period ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the"Report"), I, Craig A. Rogerson, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Date:  March 25, 2004

/s/ Craig A. Rogerson

Craig A. Rogerson

President and Chief Executive Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v.

ROBERT WESLEY WARDEN,

Defendant

- Appellant. No. 16

- 30239

D.C. No.

3:13

- po

- 00211

- EJL

- 1

MEMORANDUM *

Appeal from the United States District Court

for the District of Idaho

Edward J. Lodge, District Judge, Presiding

Submitted May 9, 2018 **

Seattle, Washington

Before: GOULD and IKUTA, Circuit Judges, and TUNHEIM, *** Chief District

Judge.

Robert Warden, an enrolled member of the Nez Perce Indian Tribe (the

“Tribe”), appeals his convictions for assault. We have jurisdiction under 28 U.S.C.

* This disposition is not appropriate for publ ication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).

*** The Honorable John R. Tunheim, Chief Unite d States District Judge

for the District of Minnesota, sitting by designation. 

# FILED

MAY 17 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

§ 1291, and we affirm.

1. Warden argues that the magistrate judge lacked jurisdiction under

18 U.S.C. § 1152 . “ Crimes [ committed in Indian country] in which the

perpetrator, but not the v ic tim, is Indian are subject to

. . . federal jurisdiction under

§ 1152

. . . except where the tribe has already imposed punishment.” United States

v. Bruce , 394 F. 3d 1 215, 12 21 (9th Cir. 2005). Neither Kamiah Deputy Marshal

Matt Taylor nor the Nez Perce Tribal Officers whom Warden assaulted are

members of the T ribe. And Warden h as presented no evidence that he was

punished because he was detained by the Tribe pending trial , when the Tribe

ultimately decided to dismiss the charges against Warden and release him

. See

United States v. Strong , 778 F.2d 1393, 1396 (9th Cir. 1985) ; see also Bell v.

Wolfish , 441 U.S. 520, 537 (1979) (“Not every disability imposed during pretrial

detention amounts to ‘punishment’” and “the fact that such detention interferes

with the detainee’s understandable desire to live as comfortably as possible and

with as little restraint as possible during con finement does not convert the

conditions or restrictions of detention into ‘punishment.’”). T he magistrate judge

had jurisdiction under § 1152.

2. We disagree with Warden that he was resisting an unlawful arrest

when he assaulted Deputy Taylor

. Deputy Taylor was not attempting to arrest

Warden, and instea d the physical altercation between the two came about only3

because Deputy Taylor was attempting to p rotect Pennie Moffett and her

daughters. Deputy Taylor was entitled to act to protect Moffett , who wa s the wife

whom Warden had allegedly battered earlier that night

, f rom the present threat of

danger Warden posed. See United States v. Lemon , 824 F.2d 763, 765 (9th Cir.

1987). We conclude that the m a gistrate j udge correctly held that Warden’s

conduct in attempting to bite Deputy Taylor was not part of resisting an unlawful

arrest.

AFFIRMED.
#### § 650.203 Policy.

It is the policy of the Federal Highway Administration (FHWA) that all highways funded in whole or in part under title 23, United States Code, shall be located, designed, constructed and operated according to standards that will minimize erosion and sediment damage to the highway and adjacent properties and abate pollution of surface and ground water resources. Guidance for the development of standards used to minimize erosion and sediment damage is referenced in § 650.211 of this part.
#### The People of the State of New York ex rel. William Deans, Relator, v. Rhinelander Waldo, as Police Commissioner of The City of New York, Respondent.

Writ dismissed and proceedings affirmed, with costs. Ho opinion. Present—Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ.
### §410eeee–15. Glade Creek visitor facility

In order to provide for public use and enjoyment of the scenic and natural resources of the New River Gorge National River 1 and in order to provide public information to visitors with respect to the national river and associated State parklands, the Secretary is authorized and directed to construct a scenic overlook and visitor information facility at a suitable location accessible from Interstate 64 in the vicinity of Glade Creek within the boundary of the national river. There is authorized to be appropriated such sums as may be necessary to carry out construction (including all related planning and design) of the scenic overlook and visitor information facility.

(Pub. L. 95–625, title XI, §1116, as added Pub. L. 100–534, title I, §105, Oct. 26, 1988, 102 Stat. 2702.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 460m–29 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

New River Gorge National River redesignated New River Gorge National Park and Preserve by Pub. L. 116–260, div. FF, title II, §202, Dec. 27, 2020, 134 Stat. 3089, which is classified to section 410eeee of this title.

1 See Change of Name note below.
§ 810.108 Designation of existing facilities. ( a ) In accordance with the provisions of 23 CFR 810.102, the Federal Highway Administrator may approve on any Federal-aid system the work necessary to designate existing parking facilities (such as at shopping centers or other public or private locations) for fringe and transportation corridor parking. ( 1 ) Eligible activities include the acquisition of or the initial and renewal costs for leasing existing parking space, signing of and modifications to existing facilities, trail blazer signs, and passenger loading areas and facilities.
( 2 ) The approval criteria in 23 CFR 810.106 (a)(1), (4), (5), (7) and (8) apply to these parking facilities.
( b ) In accordance with the provisions of 23 CFR 810.102, the Federal Highway Administrator may approve on any Federal-aid system the work necessary to designate existing highway lanes as high occupancy vehicle lanes. ( 1 ) Eligible activities include preliminary engineering, signing, pavement marking, traffic control devices, minor physical modifications and initial inspection or monitoring of use.
( 2 ) Such improvements may be approved on any public road if they facilitate more efficient use of any Federal-aid highway.
( c ) Interstate construction funds may be used only where the proposed projects were approved in the 1981 Interstate Cost Estimate.
### §214. Rules and regulations

Abraham Lincoln Birthplace National Historical Park shall be under the control of the National Park Service and administered under such regulations not inconsistent with law as it may from time to time prescribe.

(July 17, 1916, ch. 247, §4, 39 Stat. 386; Ex. Ord. No. 6166, §2, June 10, 1933; Ex. Ord. No. 6228, §1, July 28, 1933; Mar. 2, 1934, ch. 38, §1, 48 Stat. 389; Aug. 11, 1939, ch. 686, 53 Stat. 1405; Pub. L. 86–231, Sept. 8, 1959, 73 Stat. 466; Pub. L. 111–11, title VII, §7114(b), Mar. 30, 2009, 123 Stat. 1202.)

#### **Editorial Notes**

#### Codification

As originally enacted, this section read as follows: "Upon the passage of this Act and the vesting of the title to the property accepted thereunder in the United States, it shall be under the control of the Secretary of War and administered under such regulations not inconsistent with law as he may from time to time prescribe." Sections 211 and 212 of this title, refer to the lands as a national park or reservation.

Prefixes making the provisions of this section effective, upon the passage of this Act and the vesting of the title to the property accepted, have been omitted as temporary.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

"Abraham Lincoln Birthplace National Historical Park" substituted for "Abraham Lincoln Birthplace National Historic Site" pursuant to Pub. L. 111–11.

"Abraham Lincoln Birthplace National Historic Site" substituted for "Abraham Lincoln National Historical Park" pursuant to Pub. L. 86–231.

"Abraham Lincoln National Historical Park" substituted for "Abraham Lincoln National Park" pursuant to act Aug. 11, 1939.

#### **Executive Documents**

#### Transfer of Functions

All national parks, national monuments, and national cemeteries consolidated in an office of National Parks, Buildings and Reservations in Department of the Interior, at head of which should be a Director of National Parks, Buildings and Reservations, and cemeteries and parks of War Department transferred to Department of the Interior by Executive Order 6166, §2, as amended by Executive Order 6228, §1, set out in a note under section 901 of Title 5, Government Organization and Employees. This service designated the National Park Service in Department of the Interior by act Mar. 2, 1934.

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5.
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 99278 / January 5, 2024

ADMINISTRATIVE PROCEEDING

File No. 3-21585

In the Matter of

Impact Theory, LLC,

Respondent.

:

:

:

:

:

:

:

ORDER APPOINTING 

TAX ADMINISTRATOR

On May 4, 2022, the Commission issued an Omnibus Order Directing the Engagement of 

Two Tax Administrators for Appointment on a Case-By-Case Basis in Administrative 

Proceedings that Establish Distribution Funds (the “Omnibus Order”).1 The Omnibus Order 

engaged Miller Kaplan Arase LLP and Heffler, Radetich & Saitta, LLP to serve as the 

Commission’s tax administrator (“Tax Administrator”), for selection and appointment on an 

individual case basis, for calendar years 2022 through 2024 in administrative proceedings where 

the distribution fund may incur tax-related obligations as a Qualified Settlement Fund (“QSF”) 

under the Department of the Treasury Regulation § 1.468B-1(c).

The Director of the Division of Enforcement is authorized to appoint a Tax Administrator 

pursuant to the Omnibus Order.2 The Commission staff has requested the appointment of Miller 

Kaplan Arase LLP as the Tax Administrator for the QSF in the above-referenced proceeding.

Accordingly, IT IS ORDERED that, pursuant to the Omnibus Order, Miller Kaplan Arase 

LLP is appointed as the Tax Administrator for the QSF in the above-referenced proceeding. 

For the Commission, by the Division of Enforcement, pursuant to delegated authority.3

Vanessa A. Countryman

Secretary 

1

 Exchange Act Rel. No. 94845 (May 4, 2022).

2

 See Delegation of Authority to Director of the Division of Enforcement, Securities Act Rel. No. 10900 (Dec. 10, 

2020).

3

 17 C.F.R. § 200.30-4(a)(21)(ii).
UNITED STATES OF AMERICA 

Before the 

SECURITIES AND EXCHANGE COMMISSION 

SECURITIES EXCHANGE ACT OF 1934 

Release No. 55922 / June 18, 2007 

ADMINISTRATIVE PROCEEDING 

File No. 3-11814 

In the Matter of 

COLUMBIA MANAGEMENT 

ADVISORS, INC. and COLUMBIA FUNDS

DISTRIBUTOR, INC. 

Respondents. 

ORDER DIRECTING 

DISBURSEMENT OF FAIR FUND 

On July 19, 2006, the Commission published a notice of the Plan of Distribution (“Plan”) 

proposed by the Division of Enforcement in connection with this proceeding (Securities 

Exchange Act Release No. 34-54175). The Commission received comments and on April 6, 

2007 the Plan was approved. 

The Plan of Distribution provides that a Fair Fund consisting of $140,000,000 in 

disgorgement and civil penalties, plus any accrued interest, be transferred to Deutsche Bank to 

be distributed by the Plan Administrator to injured investors according to the methodology set 

forth in the Plan. The Plan provides that the Commission will arrange for distribution of the Fair 

Fund when a Payment File listing the payees with the identification information required to 

make the distribution has been received and accepted. The Payment File has been received and 

accepted. 
Accordingly, it is ORDERED that the Commission staff shall transfer $37,761,807.19 of 

the Fair Fund to Deutsche Bank and the Plan Administrator shall distribute such monies to 

investors, as provided for in the Plan of Distribution. 

 For the Commission, by its Secretary, pursuant to delegated authority. 

 Nancy M. Morris 

 Secretary 

2