alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[NOT PUBLICATION — NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit

No. 99-2208

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES,

AFL-CIO, LOCAL 1146, ET AL., Plaintiffs, Appellants,

v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant, Appellee.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Patti B. Saris, U.S. District Judge ]
Before Selya, Circuit Judge , Coffin, Senior Circuit Judge , and Boudin, Circuit Judge . Martin R. Cohen , with whom Mark D. Rothwas on brief, for appellants. George B. Henderson, II , Assistant United States Attorney, withwhom Donald K. Stern , United States Attorney, was on brief, for appellee.

May 18, 2000-3- Per Curiam . In this case, the plaintiffs sought to obtain various documents under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The paperwork pertained to a February 1997 indoor air quality study conducted with respect to an agencyworkplace in Salem, Massachusetts. The government produced all but sixof the documents. Wanting the whole loaf, the plaintiffs then brought suit to compel the disclosure of these remaining items.

The parties cross-moved for summary judgment. The district court referred the motions to a magistrate judge, see Fed. R. Civ. P. 72(b), who perused the six disputed documents in
camera ; found them protected under FOIA Exemption 5, 5 U.S.C. § 552(b)(5); and wrote a thoughtful report and recommendation in whichhe urged the court to grant brevis disposition in the government's favor.

The plaintiffs objected to the report and recommendation. On de novo review, see Fed. R. Civ. P. 72(b), the district judge examined the disputed documents, approved the magistrate's report, and entered summary judgment as he had recommended. This appeal ensued.

We previously have stated that when a judge accurately takes the measure of a case and articulates his or her rationale clearlyand convincingly, "an appellate court should refrain-4-

fromwriting at length to no other end than to hear its own words resonate." Lawton v. State Mut. Life Assur. Co. , 101 F.3d 218, 220 (1st Cir. 1996); accord Cruz-Ramos v. Puerto Rico Sun Oil Co. , 202 F.3d 381, 383 (1st Cir. 2000); Ayala v. Union de Tronquistas, Local 901 , 74 F.3d 344, 345 (1st Cir. 1996); Holders Capital Corp. v. California Union Ins. Co. ( In re San Juan Dupont Plaza Hotel Fire Litig. ), 989 F.2d 36, 38 (1st Cir. 1993). This tenet has particular value where, as here, no new lawis broached, and the case on appeal involves, in the last analysis , the application of settled legal principles to a specific set of facts. Thus, we apply the tenet and affirm the judgment below for substantially the reasons elucidated in the magistrate judge's well-conceived rescript. We add only that we too have reviewed the disputed documents, and that we believe the magistrate's appraisal of them — especially his conclusion that they are both predecisional and within the deliberative pr ocess — is fully consistent with our holding in Providence Journal Co. v. United States Dep't of the Army , 981 F.2d 552, 557-63 (1st Cir. 1992). We need go no further.

Affirmed .
[KPMG Letterhead]

       2400 First Indiana Plaza
       135 North Pennsylvania Street
       Indianapolis, IN 46204-2452







The Board of Directors
First Indiana Corporation:


We consent to incorporation by reference in the registration statement
(No. 333-68297) on Form S-8 of First Indiana Corporation of our report
dated January 18, 2000, relating to the consolidated balance sheets of
First Indiana Corporation and subsidiaries as of December 31, 1999 and
1998, and the related consolidated statements of earnings, shareholders'
equity, and cash flows for each of the years in the three-year period ended
December 31, 1999, which report appears in the December 31, 1999, annual
report on Form 10-K/A of First Indiana Corporation.



/s/  KPMG LLP
     KPMG LLP
     Indianapolis, Indiana
     April 5, 2000





          KPMG LLP.  KPMG LLP, a U.S.limited liability partnership, is
          a member of KPMG International, a Swiss association.
#### § 75.603 Grantee's title to site.

###### Cross Reference

Link to an amendment published at 89 FR 70332, Aug. 29, 2024.

A grantee must have or obtain a full title or other interest in the site, including right of access, that is sufficient to insure the grantee's undisturbed use and possession of the facilities for 50 years or the useful life of the facilities, whichever is longer.

(Authority: 20 U.S.C. 1221e-3 and 3474)
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 4,124

 4,917

 5,187

 5,596

 5,842

 6,314

 7,147

 6,559

 6,460

 6,797

 6,824

 5,965

 6,069

 4,998

 4,237

 4,219

 5,013

 4,247

 4,742

 4,976

 4,969

 3,879

 4,001

 3,809

 3,942

 3,920

 3,869

 4,133

 4,903

 4,677

 451

 594

 618

 657

 689

 612

 530

 814

 773

 544

 586

 628

 623

 549

 534

 486

 633

 456

 476

 511

 522

 438

 443

 430

 441

 509

 573

 581

 586

 556

 1,814

 2,075

 2,284

 2,455

 2,872

 3,061

 3,200

 2,963

 3,014

 2,834

 2,471

 2,202

 2,168

 1,982

 1,721

 1,813

 1,968

 1,458

 1,557

 1,671

 1,780

 1,576

 1,513

 1,551

 1,611

 1,695

 1,747

 1,893

 2,175

 2,014

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

SEPTEMBER 2008 WATER QUALITY REPORT RUN DATE: October 10, 2008

ELECTRICAL CONDUCTIVITY, UMHOS 

14 DAY

ACCUM

MEAN

14 DAY

AVG

MEAN

 32,183

 32,279

 32,711

 33,342

 34,387

 35,464

 36,368

 36,912

 37,384

 37,758

 37,684

 37,154

 36,314

 35,395

 35,302

 35,040

 34,724

 33,727

 32,412

 31,022

 29,602

 28,215

 26,714

 25,431

 24,571

 24,064

 23,643

 23,554

 24,008

 24,209

 2,299

 2,306

 2,337

 2,382

 2,456

 2,533

 2,598

 2,637

 2,670

 2,697

 2,692

 2,654

 2,594

 2,528

 2,522

 2,503

 2,480

 2,409

 2,315

 2,216

 2,114

 2,015

 1,908

 1,817

 1,755

 1,719

 1,689

 1,682

 1,715

 1,729

Comments:

0 reading indicates that the station was out of service.

EMMATON BOTTOM ON THE SACRAMENTO RIVER
IIB 

116TH CONGRESS 

1ST SESSION H. R. 4920 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2019 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to provide for an 

exception to certain small business contracting requirements applicable to the Department of Veterans Affairs 

procurement of certain goods and services covered under 

the Ability One program, and for other purposes. 


kjohnson on DSK79L0C42 with BILLS
2 

HR 4920 RFS

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Vet5 erans Affairs Contracting Preference Consistency Act’’. 

6 SEC. 2. EXCEPTION TO DEPARTMENT OF VETERANS AF7 FAIRS SMALL BUSINESS CONTRACTING RE8 QUIREMENT FOR CERTAIN GOODS AND SERV9 ICES COVERED UNDER ABILITY ONE PRO10 GRAM. 

11 (a) IN GENERAL.—Subsection (d) of section 8127 of 

12 title 38, United States Code, is amended— 

13 (1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex14 cept’’; 

15 (2) by inserting ‘‘in paragraph (2) and’’ before 

16 ‘‘in subsections (b) and (c)’’; and 

17 (3) by adding at the end the following new 

18 paragraph: 

19 ‘‘(2)(A) Notwithstanding paragraph (1), with respect 

20 to the procurement of a covered product or service, a con21 tracting officer of the Department shall procure such 

22 product or service from a source designated under chapter 

23 85 of title 41, and in accordance with the regulations pre24 scribed under such chapter. 


kjohnson on DSK79L0C42 with BILLS
3 

HR 4920 RFS

1 ‘‘(B) In this paragraph, the term ‘covered product or 

2 service’ means— 

3 ‘‘(i) a product or service that— 

4 ‘‘(I) is included on the procurement list 

5 under section 8503(a) of title 41; and 

6 ‘‘(II) was included on such procurement 

7 list on or before December 22, 2006; or 

8 ‘‘(ii) a product or service that— 

9 ‘‘(I) is a replacement for a product or serv10 ice described under clause (i); 

11 ‘‘(II) is essentially the same and meeting 

12 the same requirement as the product or service 

13 being replaced; and 

14 ‘‘(III) a contracting officer determines 

15 meets the quality standards and delivery sched16 ule of the Department.’’. 

17 (b) CONFORMING AMENDMENTS.—Such section is 

18 further amended in each of subsections (b) and (c), by 

19 striking ‘‘For’’ and inserting ‘‘Except as provided in sub20 section (d)(2), for’’. 


kjohnson on DSK79L0C42 with BILLS
4 

HR 4920 RFS

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to a contract entered 

3 into on or after the date of the enactment of this Act. 

Passed the House of Representatives December 16, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


kjohnson on DSK79L0C42 with BILLS
Exhibit 99.2

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  QUARTERLY  REPORT  OF  MOUNTAIN  OIL,  INC. (THE
"COMPANY")  ON  FORM  10-Q  FOR THE QUARTER ENDED JUNE 30, 2003, JOSEPH OLLIVIER
HEREBY  CERTIFIES,  PURSUANT  TO  18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION  906  OF  THE  SARBANES  -  OXLEY  ACT  OF 2002, THAT TO THE BEST OF HIS
KNOWLEDGE:

THE  QUARTERLY  REPORT  FULLY COMPLIES WITH THE REQUIREMENTS OF SECTION 13(A) OF
THE  SECURITIES  EXCHANGE  ACT  OF  1934;  AND

THE  INFORMATION  CONTAINED  IN  THE  QUARTERLY  REPORT  FAIRLY PRESENTS, IN ALL
MATERIAL  RESPECTS,  THE  FINANCIAL  CONDITION  AND RESULTS OF OPERATIONS OF THE
COMPANY.


AUGUST  13,  2003                       By:  /S/  LYNN  STRATFORD
                                           ----------------------
                                           CFO
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 8039** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. LARRY DUNLAP FRAZIER , Defendant

- Appellant
.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte
. Robert J. Conrad, Jr. , Chief District Judge. ( 3:06

- cr - 00087

- RJC

- 1; 3:09

- cv - 00416

- RJC )

Submitted : April 25, 2013 Decided: April 29, 2013

Before AGEE and WYNN , Circuit Judges , and HAMILTON, Senior Circuit Judge
.
Dismissed by un published per curiam opinion
. Larry Dunlap Frazier, Appellant Pro Se. Keith Michael Cave, OFFICE OF THE UNITED STATES ATTORNEY, Charlotte, North Carolina, Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Larry Dunlap Frazier seeks to appeal the district court’s order denying relief on his 28 U.S.C. A. § 2255 (West Supp. 2012) motion. The order is no t 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. § 225 3(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 m otion 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 Frazier has not made the requisite showing. Accordingly, we deny a certificate of appealabili ty, deny leave to proceed in forma pauperis, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately3 presented in the materials before th is court and argument would not aid the decisional process.

DIS MISSED
Exhibit  32.1




                             CERTIFICATION  PURSUANT  TO  SECTION  906
                             OF  THE  SARBANES-OXLEY  ACT  OF  2002


In connection with the  quarterly  report of InterCare DX, Inc.  (the "Company")
on Form 10-QSB/A for the period  ending  September  30,  2004  as filed with the
Securities and Exchange  Commission   on    the   date  hereof  (the  "Report"),
we,  Anthony  C.  Dike,  the  Chief  Executive  Officer,  certify,  pursuant  to
18 U.S.C. 1350, as  adopted pursuant to  Section 906  of  the Sarbanes-Oxley Act
of 2002,  that:

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

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

     A signed  original  of  this  written  statement  required  by Section 906,
or  other  document  authenticating,  acknowledging,  or  otherwise adopting the
signature  that  appears  in  typed  form  within the electronic version of this
written   statement  required   by   Section   906,   has   been   provided   to
InterCare DX, Inc.,   and  will  be  retained   by   InterCare  DX, Inc..,   and
furnished to the Securities  and Exchange  Commission or its staff upon request.


DATE: February 25,   2005          By:  /s/  Anthony  C.  Dike
                                        -------------------
                                         Anthony  C.  Dike
                                         Chairman  and  CEO
§ 675.27 Nature and source of institutional share. ( a ) ( 1 ) An institution may use any resource available to it, except funds allocated under the FWS program, to pay the institutional share of FWS compensation to its students. The institutional share may be paid in the form of services and equipment, e.g., tuition, room, board, and books.
( 2 ) The institution shall document all amounts claimed as non-cash contributions.
( 3 ) Non-cash compensation may not include forgiveness of a charge assessed solely because of a student's employment under the FWS program.
( b ) An institution may not solicit or accept fees, commission, contributions, or gifts as a condition for FWS employment, nor permit any organization with which it has an employment agreement to do so.
(Approved by the Office of Management and Budget under control number 1840-0535) (Authority: 42 U.S.C. 2754)
[52 FR 45770, Dec. 1, 1987, as amended at 53 FR 49147, Dec. 6, 1988; 59 FR 61419, Nov. 30, 1994; 62 FR 50848, Sept. 26, 1997]
EXHIBIT 23.1 Consent of Robert Early & Company, P.C.






             CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT



We hereby consent to the incorporation by reference into the Form S-8
Registration Statement No. 333-42086 regarding the Stock Compensation Plan
of KleenAir Systems, Inc. of our report dated April 2, 2001 which was
included in the annual report on Form 10-K of KleenAir Systems, Inc. for the
year ended December 31, 2000.



/s/ ROBERT EARLY & COMPANY, P.C.


Abilene, Texas
April 2, 2001















                                EXHIBIT 23.1
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

KRISTIN LEE GUOAN FISHER, )

)

Appellant, )

)

v. ) Case No. 2D17-4295

)

BARRY HOEY, )

)

Appellee. )

___________________________________)

Opinion filed September 12, 2018.

Appeal from the Circuit Court for Collier

County; Mary C. Evans, Judge.

Michael E. Chionopoulos, Fort Myers, 

Bartow, for Appellant.

No appearance for Appellee.

PER CURIAM.

Affirmed. 

LaROSE, C.J., and SILBERMAN and LUCAS, JJ., Concur.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY HIGH

 2,376

 2,409

 2,877

 3,884

 5,130

 5,380

 4,869

 4,780

 3,953

 2,304

 1,900

 1,480

 1,977

 1,679

 2,149

 2,543

 1,952

 500

 366

 292

 240

 218

 202

 218

 224

 251

 206

 183

 383

 395

 421

 445

 426

 463

 453

 439

 593

 470

 486

 427

 420

 401

 381

 381

 396

 299

 262

 207

 187

 169

 170

 180

 210

 176

 163

 165

 682

 664

 925

 1,399

 1,881

 1,934

 1,635

 1,744

 1,488

 857

 813

 664

 673

 587

 724

 803

 702

 373

 303

 258

 214

 190

 184

 197

 217

 212

 183

 173

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2009 WATER QUALITY REPORT RUN DATE: March 6, 2009

ELECTRICAL CONDUCTIVITY, UMHOS 

14 DAY

ACCUM

MEAN

14 DAY

AVG

MEAN

 29,744

 28,224

 26,272

 23,935

 21,793

 19,985

 18,148

 16,989

 16,543

 16,077

 16,040

 15,959

 15,966

 15,946

 15,988

 16,127

 15,904

 14,878

 13,300

 11,624

 10,203

 8,649

 7,345

 6,685

 6,089

 5,637

 5,147

 4,733

 2,125

 2,016

 1,877

 1,710

 1,557

 1,428

 1,296

 1,214

 1,182

 1,148

 1,146

 1,140

 1,140

 1,139

 1,142

 1,152

 1,136

 1,063

 950

 830

 729

 618

 525

 478

 435

 403

 368

 338

Comments:

0 reading indicates that the station was out of service.

EMMATON BOTTOM ON THE SACRAMENTO RIVER
#### In the Matter of the Mayor of the City of New York (In the Matter of Walton Avenue).

Motion granted. Present— Ingraham, P. J., Laughlin, Scott, Dowling and Hotchkiss, JJ.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 600

 596

 581

 524

 549

 599

 600

 588

 604

 529

 633

 683

 682

 662

 664

 641

 656

 628

 555

 507

 437

 416

 372

 393

 423

 462

 479

 519

 556

 557

 461

 448

 417

 402

 403

 404

 409

 414

 385

 388

 400

 406

 402

 397

 377

 361

 384

 372

 367

 359

 353

 346

 344

 351

 351

 345

 339

 340

 344

 337

 517

 496

 484

 445

 456

 485

 476

 488

 460

 444

 526

 495

 486

 502

 457

 443

 478

 471

 437

 424

 379

 364

 356

 363

 372

 376

 379

 406

 415

 406

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JUNE 2013 WATER QUALITY REPORT RUN DATE:September 19, 2013

ELECTRICAL CONDUCTIVITY, UMHOS 

TDS

 336

 323

 315

 291

 298

 316

 310

 318

 300

 290

 341

 322

 316

 326

 298

 290

 311

 307

 286

 278

 250

 241

 236

 240

 246

 248

 250

 267

 272

 267

TOTAL 13,286

Comments:

0 reading indicates that the station was out of service.

DELTA MENDOTA CANAL AT HEADWORKS
§ 642.22 How does the Secretary evaluate prior experience? ( a ) In the case of an application described in § 642.20(b), the Secretary— ( 1 ) Evaluates the applicant's performance under its expiring Training program grant;
( 2 ) To determine the number of PE points to be awarded, uses the approved project objectives for the applicant's expiring Training program grant and the information the applicant submitted in its annual performance report (APR); and
( 3 ) May adjust a calculated PE score or decide not to award PE points if other information such as audit reports, site visit reports, and project evaluation reports indicate the APR data used to calculate PE are incorrect.
( b ) ( 1 ) The Secretary may add from 1 to 15 points to the point score obtained on the basis of the selection criteria in § 642.21, based on the applicant's success in meeting the administrative requirements and programmatic objectives of paragraph (e) of this section.
( 2 ) The maximum possible score for each criterion is indicated in the parentheses preceding the criterion.
( c ) The Secretary awards no PE points for a given year to an applicant that does not serve at least 90 percent of the approved number of participants. For purposes of this section, the approved number of participants is the total number of participants the project would serve as agreed upon by the grantee and the Secretary.
( d ) For the criterion specified in paragraph (e)(1) of this section (Number of participants), the Secretary awards no PE points if the applicant did not serve at least the approved number of participants.
( e ) The Secretary evaluates the applicant's PE on the basis of the following criteria: ( 1 ) (4 points) *Number of participants.* Whether the applicant provided training to no less than the approved number of participants.
( 2 ) *Training objectives.* Whether the applicant met or exceeded its objectives for: ( i ) (4 points) Assisting the participants in developing increased qualifications and skills to meet the needs of disadvantaged students.
( ii ) (4 points) Providing the participants with an increased knowledge and understanding of the Federal TRIO programs.
( 3 ) (3 points) *Administrative requirements.* Whether the applicant met all the administrative requirements under the terms of the expiring grant, including recordkeeping, reporting, and financial accountability.
(Approved by the Office of Management and Budget under control number 1894-0003) (Authority: 20 U.S.C. 1070a-11)
[Redesignated and amended at 75 FR 65772, Oct. 26, 2010]