alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Marcus Contracting Company, Inc., Respondent, *v.*Weinbros Real Estate Company, Appellant.

First Department,

May 15, 1914.

Pleading—action for work, labor and services — allegations as to performance by plaintiff — allegation that plaintiff *“*actually ” performed.

In an action to recover sums alleged to be due under a contract for work, labor and services, the plaintiff must allege performance on his part. He may do this either by alleging in detail what was done under the contract, or by alleging that he has “ duly” performed all the conditions of the contract, as authorized by section 533 of the Code of Civil Procedure.

An allegation that the plaintiff did “ actually ” perform and carry out all the terms and conditions in said agreement contained on his part, is not equivalent to an allegation that he “ duly ” performed, and, hence, the complaint fails to state a cause of action.

Appeal by the defendant, Weinbros Real Estate Company, from an order of, the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of January, 1914, denying its motion for judgment on the pleadings.

*Leo Bernard Levy,*for the appellant.

*Joseph Rubin,*for the respondent.

*496Scott, J.:

The action is for the amount claimed to he due to plaintiff under a contract for shoring up a building. In such an action it is necessary that plaintiff should allege performance on its part. This it might do either by alleging in detail what it had done under the contract or by adopting the more convenient method authorized by section 533 of the Code of Civil Procedure of alleging that it had “duly” performed all the conditions of the contract on its part. In the present case the plaintiff has adopted neither method of pleadingperformance, but has alleged that it did “ actually ” perform and carry out all of the terms, covenants and conditions in said agreement contained on its part. This is not equivalent to an allegation that it1 c duly ” performed. *(Feuerstein*v. *German Union Fire Ins. Co.,*141 App. Div. 456; *Rosenthal*v. *Rubin,*148 id. 44.) The complaint, therefore, contains no sufficient allegation of the performance on plaintiff’s part, and consequently fails to state a cause of action.

The order should he reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to plaintiff to amend its complaint within twenty days upon payment of such costs.

Ingraham, P. J., McLaughlin, Clarke and Hotchkiss, JJ., concurred.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to plaintiff to amend on payment of such costs.
Editorial Note on Part 4
Editorial Note: Nomenclature changes to part 4 appear by T.D. ATF-425, 65 FR 11890, Mar. 7, 2000.

§ 4.50 Certificates of label approval. ( a ) No person shall bottle or pack wine, other than wine bottled or packed in U.S. Customs custody, or remove such wine from the plant where bottled or packed, unless an approved certificate of label approval, TTB Form 5100.31, is issued by the appropriate TTB officer.
( b ) Any bottler or packer of wine shall be exempt from the requirements of this section if upon application the bottler or packer shows to the satisfaction of the appropriate TTB officer that the wine to be bottled or packed is not to be sold, offered for sale, or shipped or delivered for shipment, or otherwise introduced in interstate or foreign commerce. Application for exemption shall be made on TTB Form 5100.31 in accordance with instructions on the form. If the application is approved, a certificate of exemption will be issued on the same form.
( c ) *Cross reference.* For procedures regarding the issuance, denial, and revocation of certificates of label approval, and certificates of exemption from label approval, as well as appeal procedures, see part 13 of this chapter.
[T.D. ATF-66, 45 FR 40546, June 13, 1980, as amended by T.D. ATF-94, 46 FR 55095, Nov. 6, 1981; T.D. ATF-242, 51 FR 39525, Oct. 29, 1986; T.D. ATF-344, 58 FR 40354, July 28, 1993; T.D. ATF-406, 64 FR 2128, Jan. 13, 1999; T.D. ATF-425, 65 FR 11891, Mar. 7, 2000]
### Part B—Educational Improvement and Support Services
###### Editorial Note on Part 28

#### Editorial Note:

Nomenclature changes to part 28 appear by T.D. ATF-477, 67 FR 18087 through 18090, Apr. 15, 2002.

#### § 28.245 Shipment to foreign-trade zone.

Where distilled spirits (including specially denatured spirits), wines, or beer, are transferred to a foreign-trade zone for exportation or for storage pending exportation, the shipment shall be consigned to the Zone Operator in care of the customs officer in charge of the zone.

(48 Stat. 999, as amended, 72 Stat. 1362, 1380; 19 U.S.C. 81c, 26 U.S.C. 5214, 5362)
§ 673.1 Purpose. This part governs the following three programs authorized by title IV of the Higher Education Act of 1965, as amended (HEA) that participating institutions administer: ( a ) The Federal Perkins Loan Program, which encourages the making of loans by institutions to needy undergraduate and graduate students to help pay for their cost of education.
( b ) The Federal Work-Study (FWS) Program, which encourages the part-time employment of undergraduate and graduate students who need the income to help pay for their cost of education and which encourages FWS recipients to participate in community service activities.
( c ) The Federal Supplemental Educational Opportunity Grant (FSEOG) Program, which encourages the providing of grants to exceptionally needy undergraduate students to help pay for their cost of education.
(Authority: 20 U.S.C. 421-429, 1070b-1070b-3, and 1087aa-1087ii; 42 U.S.C. 2751-2756b)
Highlights

The refuge is recognized as an 

internationally important birding 

area, attracting wetland birds such 

as geese, ducks, herons, egrets and 

osprey.

More than 200 bald eagles winter 

on the refuge, which supports the 

largest nesting population on the 

Atlantic coast north of Florida.

The refuge has the largest protected 

population of endangered Delmarva 

fox squirrels in the species’ range. 

More than 500,000 people visit the 

refuge complex each year, adding 

$15 million to the local economy.

The refuge and the Chesapeake Bay 

Foundation cooperatively manage 

the Karen Noonen Environmental 

Center.

The refuge is a designated Gateway 

to the Chesapeake and a Wetland of 

International Importance (Ramsar 

site).

Issues

Thousands of acres of marshland 

have been lost since the 1940s due to 

saltwater intrusion and herbivores.

The spread of nutria, gypsy moth, 

mute swan, Phragmites and other 

invasive species threaten native and 

endangered species.

Wildfires impact nearby residents 

and sensitive refuge resources.

Increasing numbers of resident 

Canada geese are damaging the 

fragile wetlands.

Blackwater

National Wildlife Refuge

Chesapeake Marshlands National Wildlife Refuge Complex

Represented by the following Members of 

Congress:

Senator Paul S. Sarbanes (D)

Senator Barbara A. Mikulski (D)

Rep. Wayne T. Gilchrest (R-1st)

Contact

Glenn A. Carowan, Jr., 

Project Leader

Chesapeake Marshlands National 

Wildlife Refuge Complex

2145 Key Wallace Drive

Cambridge, MD 21613

Phone: 410/228 2692

Fax: 410/228 3261

TDD: 800/785 2258 

E-mail: glenn_carowan@fws.gov

Managed as part of the Chesapeake 

Marshlands National Wildlife Refuge 

Complex.

Purpose

Blackwater National Wildlife Refuge 

was established to protect and 

manage habitat for migratory birds, 

threatened and endangered plants 

and animals and other native species. 

Public Use Notes

n Visitor center

n Interpretive trails 

n Hunting (deer) 

n Fishing (April 1 to September 30)

n Boating (April 1 to September 30) 

Management Activities

n Protecting land through acquisition 

and easements

n Enhancing forest conditions for 

endangered Delmarva fox squirrels

and forest-interior dwelling birds

n Controlling invasive exotic species 

to protect native species

n Administering prescribed burns on 

13,000 acres to improve refuge 

marsh and woodland habitats

U.S. Fish & Wildlife Service

n Managing 650 acres of croplands to 

diversify wildlife habitat 

n Managing 27 freshwater 

impoundments covering 850 acres 

to provide feeding and resting areas

for migrating birds

n Administering trapping programs 

to manage furbearer populations

n Conducting scientific research to 

improve management decisions

U.S. Fish & Wildlife Service

1 800/344 WILD

http://www.fws.gov 

January 2006

Delmarva fox squirrel

©Richard Webster/USFWS
###### Editorial Note on Part 28

#### Editorial Note:

Nomenclature changes to part 28 appear by T.D. ATF-477, 67 FR 18087 through 18090, Apr. 15, 2002.

#### § 28.105 Report of inspection and tax liability.

When the spirits are ready for shipment, the proprietor shall execute his report of inspection and tax liability on all copies of TTB Form 5100.11.

(72 Stat. 1362; 26 U.S.C. 5214)

[T.D. ATF-46, 42 FR 44773, Sept. 6, 1977, as amended by T.D. ATF-62, 44 FR 71723, Dec. 11, 1979; T.D. TTB-8, 69 FR 3832, Jan. 27, 2004]
Editorial Note on Part 25
Editorial Note: Nomenclature changes to part 25 appear by T.D. ATF-437, 66 FR 5478, 5479, Jan. 19, 2001.

§ 25.91 Requirement for bond. ( a ) *General.* Except as provided in paragraph (e) of this section, every person intending to commence the business of a brewer shall file a bond, Form 5130.22, as prescribed in this subpart, covering operations at the brewery, at the time of filing the original Brewer's Notice, Form 5130.10. Every brewer intending to continue the business of a brewer shall, once every 4 years, or as provided in § 25.95, execute and file a new bond, or continuation certificate as provided in § 25.97.
( b ) *Conditions of the bond.* The Brewer's Bond, Form 5130.22, will be conditioned upon the brewer faithfully complying with all provisions of law and regulations relating to the activities covered by the bond, and upon paying all taxes imposed by 26 U.S.C. Chapter 51 and all interest and penalties incurred or fines imposed for violations of those provisions.
( c ) *Additional information.* The appropriate TTB officer shall require, in connection with any brewer's bond, a statement executed under the penalties of perjury, as to whether the principal or any person owning, controlling, or actively participating in the management of the business of the principal has been convicted of or has compromised any offense set forth in § 25.101(a)(1), or has been convicted of any offense set forth in § 25.101(a)(2). In the event the above statement contains an affirmative answer, the applicant shall submit a statement describing in detail the circumstances surrounding the conviction or compromise.
( d ) *Bond required before beginning business.* A person may not begin business or continue business as a brewer until first receiving notice that the appropriate TTB officer has approved the bond, continuation certificate, or consent of surety, as required by this part.
( e ) *Bond exemption.* A brewer who pays tax on a deferred basis under § 25.164 is not required to provide a bond to cover operations and withdrawals of beer during any portion of a calendar year for which the brewer is eligible to use an annual or quarterly return period under § 25.164(c)(2) or (c)(3). A brewer is considered to be paying tax on a deferred basis for purposes of the preceding sentence even if the brewer does not pay tax during every return period as long as the brewer intends to pay tax in a future period. See §§ 25.62 and 25.79 for rules governing applying for this bond exemption. See § 25.95 for rules governing when an existing brewer who has not provided a bond under this paragraph must obtain bond coverage.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1388, as amended (26 U.S.C. 5401); sec. 4(a), Pub. L. 91-673, 84 Stat. 2057 (26 U.S.C. 5417))
[T.D. ATF-224, 51 FR 7673, Mar. 5, 1986, as amended by T.D. ATF-437, 66 FR 5479, Jan. 19, 2001; T.D. TTB-146, 82 FR 1127, Jan. 4, 2017]
### Part F—General Provisions

#### **Editorial Notes**

#### Codification

Pub. L. 114–95, title I, §1501(a)(2), Dec. 10, 2015, 129 Stat. 1905, redesignated part I (§6571 et seq.) of this subchapter as part F of this subchapter.

#### Prior Provisions

A prior part F, consisting of sections 6511 to 6518, related to comprehensive school reform, prior to repeal by Pub. L. 114–95, title I, §1501(a)(1), Dec. 10, 2015, 129 Stat. 1905.

A prior part G, consisting of sections 6531 to 6537, related to advanced placement programs, prior to repeal by Pub. L. 114–95, title I, §1501(a)(1), Dec. 10, 2015, 129 Stat. 1905.

A prior part H, consisting of sections 6551 to 6553, 6555, and 6561 to 6561i, related to school dropout prevention, prior to repeal by Pub. L. 114–95, title I, §1501(a)(1), Dec. 10, 2015, 129 Stat. 1905.

A prior part I, consisting of sections 6571 to 6578, was redesignated part F of this subchapter, by Pub. L. 114–95, title I, §1501(a)(2), Dec. 10, 2015, 129 Stat. 1905.
###### Editorial Note on [Part 40](/current/title-27/part-40?toc=1)

#### Editorial Note:

Nomenclature changes to part 40 appear by T.D. ATF-460, [66 FR 39094-39096](https://www.federalregister.gov/citation/66-FR-39094), July 27, 2001; T.D. ATF-464, [66 FR 43479](https://www.federalregister.gov/citation/66-FR-43479), Aug. 20, 2001; and T.D. TTB-91, [76 FR 5479](https://www.federalregister.gov/citation/76-FR-5479), Feb. 1, 2011.

#### § 40.351 Cigarette papers.

Cigarette papers are taxed at the following rates under [26 U.S.C. 5701(c)](https://www.govinfo.gov/link/uscode/26/5701):

| Product | Tax rate for each 50 papers\* for removals during the following periods: | |
| --- | --- | --- |
| 2002 to March 31, 2009 | April 1, 2009 and after |
| Cigarette papers up to 61/2′′ long | $ 0.0122 | $ 0.0315 |
| Cigarette papers over 61/2′′ long | Use rates above, but count each 23/4 inches, or fraction thereof, of the length of each as one cigarette paper. | |
| | | |
| --- | --- | --- |
| \* Tax rate for less than 50 papers is the same. The tax is not prorated. | | |

(72 Stat. 1414; [26 U.S.C. 5701](https://www.govinfo.gov/link/uscode/26/5701))

[T.D. TTB-75, [74 FR 14483](https://www.federalregister.gov/citation/74-FR-14483), Mar. 31, 2009]
#### Bowlby, appellant, and Bowlby, respondent.

Decree unanimously affirmed upon the grounds stated by the Vice-Chancellor in his opinion, *(ante*p. 406.)
### §1161n. Statement of purpose; definition

#### (a) Purpose

It is the purpose of this part to award grants to institutions of higher education or consortia of such institutions to encourage such institutions to develop and make available to their students work experience that will aid such students in future careers and will enable such students to support themselves financially while in school.

#### (b) Definition

In this part the term "cooperative education" means the provision of alternating or parallel periods of academic study and public or private employment to give students work experiences related to their academic or occupational objectives and an opportunity to earn the funds necessary for continuing and completing their education.

(Pub. L. 89–329, title VIII, §831, as added Pub. L. 110–315, title VIII, §801, Aug. 14, 2008, 122 Stat. 3415.)
### §1087–54. Sources of matching funds

Nothing in this part shall be construed as restricting the source (other than this part) from which the institution may pay its share of the compensation of a student employed under a work-study program covered by an agreement under this part, and such share may be paid to such student in the form of services and equipment (including tuition, room, board, and books) furnished by such institution.

(Pub. L. 89–329, title IV, §444, as added Pub. L. 99–498, title IV, §403(a), Oct. 17, 1986, 100 Stat. 1435.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 2754 of Title 42, The Public Health and Welfare, prior to transfer to this section. See note below.

Section was originally enacted as section 124 (and later renumbered section 144) of the Economic Opportunity Act of 1964, Pub. L. 88–452, at which time it was classified to section 2754 of Title 42, The Public Health and Welfare. It was renumbered as section 444 of title IV of the Higher Education Act of 1965, Pub. L. 89–329, by Pub. L. 90–575, §131(a), (b)(1), and later editorially transferred to this section to merge with the rest of the Act, which is classified to this chapter.

#### Prior Provisions

A prior section 444 of Pub. L. 89–329, title IV, formerly Pub. L. 88–452, title I, §144, formerly §124, Aug. 20, 1964, 78 Stat. 514; Pub. L. 89–253, §10, Oct. 9, 1965, 79 Stat. 974; Pub. L. 89–329, title IV, §441(1), (4), (5), Nov. 8, 1965, 79 Stat. 1249; Pub. L. 90–82, §§1, 2, Sept. 6, 1967, 81 Stat. 194; renumbered §144, Pub. L. 90–222, title I, §111(a), Dec. 23, 1967, 81 Stat. 726; renumbered Pub. L. 89–329, title IV, §444, and amended Pub. L. 90–575, title I, §§131(a), (b)(1), 133(a), (c), 134, 136, 137, 138, 139(2), Oct. 16, 1968, 82 Stat. 1028, 1029, 1030; Pub. L. 92–318, title I, §§135C(a)(1), 135D, 135E, June 23, 1972, 86 Stat. 271; Pub. L. 94–482, title I, §128(c), Oct. 12, 1976, 90 Stat. 2143, set out conditions required of agreements with eligible institutions, prior to repeal by Pub. L. 96–374, title IV, §434, title XIII, §1393, Oct. 3, 1980, 94 Stat. 1434, 1504, eff. Oct. 1, 1980. See section 1087–53(b) of this title.

Provisions similar to this section were contained in section 1087–55 of this title prior to the general revision of this part by Pub. L. 99–498.
#### § 300.606 Public attention.

Whenever a State receives notice that the Secretary is proposing to take or is taking an enforcement action pursuant to § 300.604, the State must, by means of a public notice, take such actions as may be necessary to notify the public within the State of the pendency of an action pursuant to § 300.604, including, at a minimum, by posting the notice on the SEA's Web site and distributing the notice to the media and through public agencies.

(Authority: 20 U.S.C. 1416(e)(7))

[73 FR 73028, Dec. 1, 2008]
ParPaguirre

Douglas Cherry EARNEST PHILLIPS, Appellant,

vs. THE STATE OF NEVADA,



### Respondent. EARNEST PHILLIPS AiK/A ERNEST PHILLIPS, No, 67087

No. 67206 Appellant, vs. THE STATE OF NEVADA, Respondent.
ORDER DISMISSING APPEALS These are pro se appeals from court orders resolving various pretrial motions and a court order denying a petition to resubmit appellant's pretrial petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County, Kathleen E. Delaney, Judge.

No statute or court rule permits an appeal from an order denying such motions or resolving such a petition. See Castillo v. State, 106 Nev. 349, 352, 792 P.2d 1133, 1135 (1990); Gary v. Sheriff, 96 Nev. 78, 605 P.2d 212 (1980) (no appeal lies from an order denying a pretrial petition for a writ of habeas corpus). Accordingly, we conclude that we lack jurisdiction to consider these appeals, and we

ORDER these appeals DISMISSED.

SUPREME COURT OF NEVADA 2 (0) I 94/A 4secc: Hon. Kathleen E. Delaney, District Judge Earnest Phillips Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A 4W , 014.1123$ rib, MAISMI loratel-Waln.W.30•404..eall.01 a.raw

- aa.
**EXHIBIT 32**

**CERTIFICATIONOF 10-Q REPORTOFCROWN MEDIA HOLDINGS, INC.**

**FORTHE QUARTER ENDED SEPTEMBER 30, 2006**

# 1.               The undersigned are the Chief ExecutiveOfficer and the Chief Financial Officer of Crown Media Holdings, Inc. (“CrownMedia Holdings”).  This Certification ismade pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.  This Certification accompanies the 10-QReport of Crown Media Holdings for the quarter ended September 30, 2006.

# 2.               We certify that such 10-Q Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 and that the information contained in such 10-QReport fairly presents, in all material respects, the financial condition andresults of operations of Crown Media Holdings.

ThisCertification is executed as of November 9, 2006.

 
|        | /s/ HENRY S.  SCHLEIFF                     |
|--------|--------------------------------------------|
|   | Henry S. Schleiff, President and           |
|   | Chief Executive  Officer                   |
|   |                                       |
|   | /s/  BRIAN C. STEWART                 |
|   | Brian C.  Stewart, Chief Financial Officer |

 

----
###### Editorial Note on Part 26

#### Editorial Note:

Nomenclature changes to part 26 appear by T.D. ATF-451, 66 FR 21668, 21669, May 1, 2001.

#### § 26.39 Labels.

All labels affixed to bottles of liquors coming into the United States shall conform to the requirements of the Federal Alcohol Administration Act and implementing regulations (parts 4, 5, and 7 of this chapter).

[T.D. ATF-48, 44 FR 55851, Sept. 28, 1979]
###### Editorial Note on Part 41

#### Editorial Note:

Nomenclature changes to part 41 (formerly part 275) appear at T.D. ATF-460, 66 FR 39093, July 27, 2001.

#### § 41.22 Retention of records.

All records required to be kept under this part, including copies of claims and schedules, authorizations, notices of release, reports, and returns, shall be retained for three years following the close of the year in which filed or made, or in the case of an authorization, for three years following the close of the calendar year in which the operation under such authorization is concluded. Such records shall be made available for inspection by any appropriate TTB officer upon his request.

(72 Stat. 1423; 26 U.S.C. 5741)

[26 FR 8189, Aug. 31, 1961. Redesignated at 40 FR 16835, Apr. 15, 1975, and further redesignated and amended by T.D. TTB-16, 69 FR 52424, Aug. 26, 2004]
§ 99.66 What are the responsibilities of the Office in the enforcement process? ( a ) The Office reviews a complaint, if any, information submitted by the educational agency or institution, other recipient of Department funds under any program administered by the Secretary, or third party outside of an educational agency or institution, and any other relevant information. The Office may permit the parties to submit further written or oral arguments or information.
( b ) Following its investigation, the Office provides to the complainant, if any, and the educational agency or institution, other recipient, or third party a written notice of its findings and the basis for its findings.
( c ) If the Office finds that an educational agency or institution or other recipient has not complied with a provision of the Act or this part, it may also find that the failure to comply was based on a policy or practice of the agency or institution or other recipient. A notice of findings issued under paragraph (b) of this section to an educational agency or institution, or other recipient that has not complied with a provision of the Act or this part— ( 1 ) Includes a statement of the specific steps that the agency or institution or other recipient must take to comply; and
( 2 ) Provides a reasonable period of time, given all of the circumstances of the case, during which the educational agency or institution or other recipient may comply voluntarily.
( d ) If the Office finds that a third party outside of an educational agency or institution has not complied with the provisions of § 99.31(a)(6)(iii)(B) or has improperly redisclosed personally identifiable information from education records in violation of § 99.33, the Office's notice of findings issued under paragraph (b) of this section— ( 1 ) Includes a statement of the specific steps that the third party outside of the educational agency or institution must take to comply; and
( 2 ) Provides a reasonable period of time, given all of the circumstances of the case, during which the third party may comply voluntarily.
(Authority: 20 U.S.C. 1232g(b)(4)(B), (f), and (g))
[76 FR 75643, Dec. 2, 2011]