alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 478
Editorial Note: Nomenclature changes to part 478 appear by T.D. ATF-411, 64 FR 17291, Apr. 9, 1999, T.D. ATF-487, 68 FR 3750, Jan. 24, 2003, and ATF-11F, 73 FR 57240, Oct. 2, 2008.

§ 478.50 Locations covered by license. The license covers the class of business or the activity specified in the license at the address specified therein. A separate license must be obtained for each location at which a firearms or ammunition business or activity requiring a license under this part is conducted except: ( a ) No license is required to cover a separate warehouse used by the licensee solely for storage of firearms or ammunition if the records required by this part are maintained at the licensed premises served by such warehouse, or if such warehouse is used by the licensee for the storage of records as provided in § 478.129;
( b ) A licensed collector may acquire curios and relics at any location, and dispose of curios or relics to any licensee or to other persons who are residents of the State where the collector's license is held and the disposition is made;
( c ) A licensee may conduct business at a gun show pursuant to the provision of § 478.100; or
( d ) A licensed importer, manufacturer, or dealer may engage in the business of dealing in curio or relic firearms with another licensee at any location pursuant to the provisions of § 478.100.
[T.D. ATF-191, 49 FR 46890, Nov. 29, 1984, as amended by T.D. ATF-401, 63 FR 35523, June 30, 1998; ATF-2021R-05F; 87 FR 24741, Apr. 26, 2022]
#### Hill *vs.*Colie and others.

"Defendants obtained an extension of time to answer, on an *ex parte*application, alter the expiration of the time limited by law for answering. In their answer, they set tip usury. It was ordered that so much of the answer as set up usury, be struck out, or that the defendants introduce into the answer ail otter to pay the principal actually received, with lawful interest*

On motion to strike out so much of the answer of defendants, Isaac IT. Colie and wife, as sets up usury.

*Mr. Ij. McKirgan,*for the motion.

*Mr. J.*Coulí, contra.

The Cuaxcelloe.

The answer of Isaac *~W.*Colic and wife was put in under an extension of time, granted on their *ex parte*application, after the time limited by law for answering had expired. The court was not informed of their intention to set up usury. *470They took the order extending the time, subject to such an application as the present. *Remer*v. *Shaw,*4 *Halst. Ch.*355; *Collard*v. *Smith,*2 *Beas.*43. They will not, under .the circumstances, be permitted to set up the forfeiture of interest and costs, but will be ordered to strike out so much of the answer as sets up usury, or to introduce into the answer an offer to pay the amount of principal actually received, with lawful interest.
### §103. Publications for National Library for the Blind

Two copies of each of the publication printed by the American Printing House for the Blind shall be furnished free of charge to the National Library for the Blind located at 1729 H Street Northwest, Washington, District of Columbia.

(Nov. 4, 1919, ch. 93, §1, 41 Stat. 332.)
§ 5.166 Statements of composition. ( a ) *Rules for the statement of composition.* When a statement of composition is required as part of a designation for a distilled spirits specialty product, the statement must be truthful and adequate.
( b ) *Cocktails.* A statement of the classes and types of distilled spirits used in the manufacture thereof will be deemed a sufficient statement of composition in the case of highballs, cocktails, and similar prepared specialties when the designation adequately indicates to the consumer the general character of the product.
Order entered March 31, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00877-CR

No. 05-14-00878-CR

No. 05-14-00879-CR

No. 05-14-00880-CR

REGINALD KEITH PINK, Appellant

V.

THE STATE OF TEXAS, Appellee

ORDER

Appellate counsel filed an Anders brief in these cases and provided appellant copies of 

the record. By letter dated November 5, 2014, this Court notified appellant that his pro se 

response was due by January 5, 2015. On January 5, 2015, the Court granted appellant an

extension until February 4, 2015 to file the pro se response and warned that if the response was 

not received by that date, the appeals would be submitted on the Anders brief alone. The Court 

now has before it appellant’s March 18, 2015 pro se “motion requesting hearing on issue of lost 

transcript,” in which appellant contends the record of a hearing that occurred between January 7, 

2014 and January 27, 2014 is missing. To assist the Court in determining how to proceed, we 

ordered appellate counsel to file a response to the motion. Counsel filed a response stating that 

he reviewed the trial court’s docket sheet, spoke with the trial court judge, and contacted the 
court reporter, all of which confirmed no hearings were conducted in the time period appellant 

specified.

Accordingly, we DENY appellant’s March 18, 2015 motion for a hearing, as well as his 

March 25, 2015 motions to take notice of the missing records and to compel production of the 

docket sheets.

Appellant was provided the record in September 2014 for purposes of filing a pro se 

response, and was granted extensions until February 4, 2015 to file the response, but did not do 

so. Accordingly, we DENY appellant’s March 23, 2015 motion to reconsider our February 4, 

2015 order denying him additional time to file his pro se response. 

The appeals will be submitted in due course. We DIRECT the Clerk to send copies of 

this order, by first-class mail, to Reginald Pink, TDCJ No. 1938997, McConnell Unit, 3001 

South Emily Drive, Beeville, Texas 78102.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to 

counsel for all parties.

/s/ LANA MYERS 

JUSTICE
### §1228. Repealed. Pub. L. 116–260, div. H, title III, §314(a), Dec. 27, 2020, 134 Stat. 1610

Section, Pub. L. 90–247, title IV, §426, formerly §420, as added Pub. L. 93–380, title II, §252, Aug. 21, 1974, 88 Stat. 519; renumbered §426 and amended Pub. L. 103–382, title II, §§212(b)(1), 261(b), Oct. 20, 1994, 108 Stat. 3913, 3927; Pub. L. 106–398, §1 [[div. A], title XVIII, §1808(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–382; Pub. L. 114–95, title IX, §9215(mm)(2), Dec. 10, 2015, 129 Stat. 2176, prohibited use of appropriated funds for busing.

A prior section 426 of Pub. L. 90–247 was renumbered section 433, and is classified to section 1231c of this title.

Another prior section 426 of Pub. L. 90–247 was renumbered section 435, and is classified to section 1231e of this title.

Another prior section 426 of Pub. L. 90–247 was renumbered section 436, and was classified to section 1232e of this title prior to repeal by Pub. L. 95–561.
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO**

**18 U.S.C. SECTION 1350**

**AS ADOPTEDPURSUANT TO SECTION**

**OF THESARBANES-OXLEY ACT OF 2002**

 

I, Sam Singer, Chief Financial Officer ofBio-Reference Laboratories, Inc. (the “Company”), do hereby certify, pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

(a)                                  theAnnual Report on Form 10-K of the Company for the fiscal year ended October 312004, which this certification accompanies (the “Periodic Report”), fullycomplies with the requirements of Section 13(a) of the Securities ExchangeAct of 1934; and

 

(b)                                 basedon my knowledge, the information contained in the Periodic Report fairlypresents, in all material respects, the financial condition and results of operationsof the Company.

 

 
| Dated: January 12, 2005 |                             |
|------------------------------|----------------------------------|
|                         |                             |
|                         |                             |
|                         | /S/ Sam Singer                   |   |
|                         | Sam Singer                       |
|                         | Chief Financial Officer          |
|                         | Bio-Reference Laboratories, Inc. |

 

----
Editorial Note on Part 70
Editorial Note: Nomenclature changes to part 70 appear by T.D. ATF-450, 66 FR 29022-29030, May 29, 2001.

§ 70.170 Application of proceeds of levy. ( a ) *Collection of liability.* Any money realized by proceedings under 26 U.S.C. 6331 through 6344, or by sale of property redeemed by the United States (if the interest of the United States in the property was a lien arising under the provisions of 26 U.S.C. enforced and administered by the Bureau), is applied in the manner specified in paragraphs (a)(1), (2), and (3) of this section. Money realized by proceedings under 26 U.S.C. 6331 through 6344, includes money realized by seizure, by sale of seized property, or by surrender under 26 U.S.C. 6332 except money realized by the imposition of a 50 percent penalty pursuant to 26 U.S.C. 6332(d)(2)). ( 1 ) *Expense of levy and sale.* First, against the expenses of the proceedings or sale, including expenses allowable under 26 U.S.C. 6341 and amounts paid by the United States to redeem property.
( 2 ) *Specific tax liability on seized property.* If the property seized and sold is subject to a tax imposed by any provision of 26 U.S.C. which has not been paid, the amount remaining after applying paragraph (a)(1) of this section, shall then be applied against such tax liability (and, if such tax was not previously assessed, it shall then be assessed):
( 3 ) *Liability of delinquent taxpayer.* The amount, if any, remaining after applying paragraphs (a)(1) and (2) of this section, shall then be applied against the liability in respect of which the levy was made or the sale of redeemed property was conducted.
( b ) *Surplus proceeds.* Any surplus proceeds remaining after the application of paragraph (a) of this section shall, upon application and satisfactory proof in support thereof, be credited or refunded by the appropriate TTB officer to the person or persons legally entitled thereto. The delinquent taxpayer is the person entitled to the surplus proceeds unless another person establishes a superior claim thereto.
(26 U.S.C. 6342)
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

LISA SMITH,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 410 MAL 2021

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 15th day of December, 2021, the Petition for Allowance of Appeal 

is GRANTED LIMITED TO the issue set forth below. Allocatur is DENIED as to all 

remaining issues. The issue, rephrased for clarity, is: 

(1) Whether the Superior Court erred in affirming the trial court’s admission of 

the statement of Petitioner’s co-defendant in violation of this Court’s 

precedent interpreting Bruton v. United States, 391 U.S. 123 (1968), 

specifically Commonwealth v. Rainey, 928 A.2d 216 (Pa. 2007) and 

Commonwealth v. Johnson, 378 A.2d 859 (Pa. 1977)?
Affirmed and Opinion Filed October 14, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-18-00268-CR

JOSHUA WILLIAM SUTHERBY, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District Court

Collin County, Texas

Trial Court Cause No. 401-83201-2016

MEMORANDUM OPINION

Before Justices Myers, Osborne, and Nowell

Opinion by Justice Nowell

A jury convicted Joshua William Sutherby for aggravated sexual assault of a child under 

the age of fourteen and assessed punishment at thirteen years in prison with no fine. Aggravated 

sexual assault of a child under the age of fourteen is a first degree felony, TEX. PENAL CODE ANN.

§ 22.021(e), punishable by imprisonment for life or any term of not more than 99 years or less than 

5 years and a fine not to exceed $10,000, id. § 12.32.

On appeal, appellant’s attorney filed a brief in which she concludes the appeal is wholly 

frivolous and without merit. The brief meets the requirements of Anders v. California, 386 U.S. 

738 (1967). The brief presents a professional evaluation of the record showing why, in effect, there 

are no arguable grounds to advance. See High v. State, 573 S.W.2d 807, 811–12 (Tex. Crim. App.

[Panel Op.] 1978). Counsel delivered a copy of the brief to appellant and we advised him of his 
right to file a pro se response. See Kelly v. State, 436 S.W.3d 313, 319–21 (Tex. Crim. App. 2014) 

(identifying duties of appellate court and counsel in Anders cases). Appellant has not filed a 

response. 

After reviewing counsel’s brief and the record, we agree the appeal is frivolous and without 

merit. See Bledsoe v. State, 178 S.W.3d 824, 826–27 (Tex. Crim. App. 2005) (explaining appellate 

court’s duty in Anders cases). We find nothing in the record that might arguably support the appeal. 

We affirm the trial court’s judgment.

/Erin A. Nowell/

ERIN A. NOWELL

JUSTICE

Do Not Publish

TEX. R. APP. P. 47.2(b)

180268F.U05
Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

JOSHUA WILLIAM SUTHERBY, 

Appellant

No. 05-18-00268-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 401st Judicial District 

Court, Collin County, Texas

Trial Court Cause No. 401-83201-2016.

Opinion delivered by Justice Nowell. 

Justices Myers and Osborne participating.

Based on the Court’s opinion of this date, the judgment of the trial court is AFFIRMED.

Judgment entered this 14th day of October, 2019.
### §6456. Accountability

The State educational agency may—

(1) reduce or terminate funding for projects under this subpart if a local educational agency does not show progress in the number of children and youth attaining a regular high school diploma or its recognized equivalent; and

(2) require correctional facilities or institutions for neglected or delinquent children and youth to demonstrate, after receiving assistance under this subpart for 3 years, that there has been an increase in the number of children and youth returning to school, attaining a regular high school diploma or its recognized equivalent, or attaining employment after such children and youth are released.

(Pub. L. 89–10, title I, §1426, as added Pub. L. 107–110, title I, §101, Jan. 8, 2002, 115 Stat. 1590; amended Pub. L. 114–95, title I, §1401(13), Dec. 10, 2015, 129 Stat. 1905.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6456, Pub. L. 89–10, title I, §1426, as added Pub. L. 103–382, title I, §101, Oct. 20, 1994, 108 Stat. 3600, related to accountability, prior to the general amendment of this subchapter by Pub. L. 107–110.

#### Amendments

2015—Par. (1). Pub. L. 114–95, §1401(13)(A), substituted "the number of children and youth attaining a regular high school diploma or its recognized equivalent" for "reducing dropout rates for male students and for female students over a 3-year period".

Par. (2). Pub. L. 114–95, §1401(13)(B), substituted "attaining a regular high school diploma" for "obtaining a secondary school diploma" and "attaining employment" for "obtaining employment".

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

#### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
UNITED STATES BANKRUPTCY COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

RICHMOND DIVISION

IN RE: David Wayne Schneider Bankruptcy No. 21-30347-KLP

 Debtor. Chapter 7

 

NOTICE OF APPEARANCE PURSUANT TO BANKRUPTCY

RULE 9010 AND REQUEST FOR NOTICE

The undersigned counsel hereby notes his appearance on behalf of the Estate of

Shirley M. Nesmith, a creditor and party in interest herein, and requests that copies of all 

notices and papers in this case, including any notices required to be served under 

Bankruptcy Rule 2002, be served on the following person at the address indicated below:

Robert A. Canfield, Esquire

CANFIELD WELLS, LLP

4124 E. Parham Road

Richmond, Virginia 23228

By: /s/ Robert A. Canfield

Counsel

CERTIFICATE OF SERVICE

I hereby certify that on this 24th day of February, 2021, a copy of the foregoing 

Notice was either electronically transmitted and/or mailed by regular mail, postage 

prepaid to all necessary parties:

James E. Kane, Esquire

Kane & Papa, PC

1313 East Cary Street

P.O Box 508

Richmond, VA 23218

Counsel for Debtor

/s/ Robert A. Canfield

Robert A. Canfield

Robert A. Canfield, VSB 16901

Canfield Wells, LLP

4124 E. Parham Road

Richmond, VA 23228

 804-673-6600

 804-673-6604

Case 21-30347-KLP Doc 21 Filed 02/24/21 Entered 02/24/21 16:17:08 Desc Main

Document Page 1 of 1
#### § 10.718 Are payments to a beneficiary as a result of an insurance policy which the beneficiary has purchased a gross recovery that must be reported to OWCP or SOL?

Since payments received by a FECA beneficiary pursuant to an insurance policy purchased by someone other than a liable third party are not payments in satisfaction of liability for causing an injury covered by the FECA, they are not considered a gross recovery covered by section 8132 that requires filing a Statement of Recovery and paying any required refund.
### subpart 5—environmental tobacco smoke

#### **Editorial Notes**

#### Codification

Pub. L. 114–95, title IV, § 4001(a)(4)(A)–(C)(i), title VIII, §8001(a), (b)(1), Dec. 10, 2015, 129 Stat. 1966, 2088, 2089, redesignated part C (§7181 et seq.) of subchapter IV of this chapter as subpart 5 of part F of this subchapter.

Similar provisions relating to environmental tobacco smoke are contained in part B (§6081 et seq.) of subchapter X of chapter 68 of this title.
#### § 24.4 Related regulations.

Regulations related to this part are listed below:

26 CFR Part 301—Procedure and Administration.

27 CFR Part 1—Basic Permit Requirements Under the Federal Alcohol Administration Act.

27 CFR Part 2—Nonindustrial Use of Distilled Spirits and Wine.

27 CFR Part 4—Labeling and Advertising of Wine.

27 CFR Part 9—American Viticultural Areas.

27 CFR Part 16—Alcoholic Beverage Health Warning Statement

27 CFR Part 18—Production of Volatile Fruit-Flavor Concentrates.

27 CFR Part 19—Distilled Spirits Plants.

27 CFR Part 26—Liquors and Articles from Puerto Rico and the Virgin Islands.

27 CFR Part 27—Importation of Distilled Spirits, Wines and Beer.

27 CFR Part 28—Exportation of Alcohol.

27 CFR Part 29—Stills and Miscellaneous Regulations.

27 CFR Part 30—Gauging Manual.

27 CFR Part 31—Alcohol Beverage Dealers.

27 CFR Part 71—Rules of Practice in Permit Proceedings.

31 CFR Part 225—Acceptance of Bonds Secured by Government Obligations in Lieu of Bonds with Sureties.

[T.D. ATF-299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF-459, 66 FR 38550, July 25, 2001; T.D. ATF-463, 66 FR 42734, Aug. 15, 2001; T.D. ATF-462, 66 FR 42736, Aug. 15, 2001; T.D. ATF-470, 66 FR 58944, Nov. 26, 2001; T.D. ATF-479, 67 FR 30798, May 8, 2002; T.D. TTB-8, 69 FR 3830, Jan. 27, 2004; T.D. TTB-25, 70 FR 19882, Apr. 15, 2005; T.D. TTB-146, 82 FR 1123, Jan. 4, 2017]
### §512. Forfeiture of certain motor vehicles and motor vehicle parts

(a) If an identification number for a motor vehicle or motor vehicle part is removed, obliterated, tampered with, or altered, such vehicle or part shall be subject to seizure and forfeiture to the United States unless—

(1) in the case of a motor vehicle part, such part is attached to a motor vehicle and the owner of such motor vehicle does not know that the identification number has been removed, obliterated, tampered with, or altered;

(2) such motor vehicle or part has a replacement identification number that—

(A) is authorized by the Secretary of Transportation under chapter 301 of title 49; or

(B) conforms to applicable State law;

(3) such removal, obliteration, tampering, or alteration is caused by collision or fire or is carried out as described in section 511(b) of this title; or

(4) such motor vehicle or part is in the possession or control of a motor vehicle scrap processor who does not know that such identification number was removed, obliterated, tampered with, or altered in any manner other than by collision or fire or as described in section 511(b) of this title.

(b) All provisions of law relating to—

(1) the seizure and condemnation of vessels, vehicles, merchandise, and baggage for violation of customs laws, and procedures for summary and judicial forfeiture applicable to such violations;

(2) the disposition of such vessels, vehicles, merchandise, and baggage or the proceeds from such disposition;

(3) the remission or mitigation of such forfeiture; and

(4) the compromise of claims and the award of compensation to informers with respect to such forfeiture;

shall apply to seizures and forfeitures under this section, to the extent that such provisions are not inconsistent with this section. The duties of the collector of customs or any other person with respect to seizure and forfeiture under such provisions shall be performed under this section by such persons as may be designated by the Attorney General.

(c) As used in this section, the terms "identification number", "motor vehicle", and "motor vehicle scrap processor" have the meanings given those terms in section 511 of this title.

(Added Pub. L. 98–547, title II, §201(a), Oct. 25, 1984, 98 Stat. 2769; amended Pub. L. 103–272, §5(e)(4), July 5, 1994, 108 Stat. 1373.)

#### **Editorial Notes**

#### Amendments

1994—Subsec. (a)(2)(A). Pub. L. 103–272 substituted "chapter 301 title 49" for "the National Traffic and Motor Vehicle Safety Act of 1966".
#### Syracuse Savings Bank, Appellant, v. Yorkshire Insurance Co., Ltd., Respondent, et al., Defendants.

Judgment affirmed, with costs. All concur. (The judgment is for plaintiff in an action under a fire insurance policy.) Present — Taylor, P. J., MeCurn, Love, Vaughan and Kimball, JJ.
Editorial Note on Part 4
Editorial Note: Nomenclature changes to part 4 appear by T.D. ATF-425, 65 FR 11890, Mar. 7, 2000.

§ 4.101 Use of the term “organic.” ( a ) Use of the term “organic” is optional and is treated as “additional information on labels” under § 4.38(f).
( b ) Any use of the term “organic” on a wine label or in advertising of wine must comply with the United States Department of Agriculture's (USDA) National Organic Program rules (7 CFR part 205) as interpreted by the USDA.
( c ) This section applies to labels and advertising that use the term “organic” on and after October 21, 2002.
[T.D. ATF-483, 67 FR 62858, Oct. 8, 2002]
### §80t–6. Definitions

In this subchapter,1 the following definitions apply:

(1) The term "Board of Regents" means the Board of Regents of the Smithsonian Institution.

(2) The term "Congressional Commission" means the Commission to Study the Potential Creation of a National Women's History Museum, established under section 3056 of the Military Construction Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3810).

(3) The term "Secretary" means the Secretary of the Smithsonian Institution.

(Pub. L. 116–260, div. T, title I, §108, Dec. 27, 2020, 134 Stat. 2277.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this Act", and was translated as reading "this title", meaning title I of div. T of Pub. L. 116–260, known as the Smithsonian American Women's History Museum Act, which is classified to this subchapter, to reflect the probable intent of Congress.

Section 3056 of the Military Construction Authorization Act for Fiscal Year 2015, referred to in par. (2), is section 3056 of div. B of Pub. L. 113–291, Dec. 19, 2014, 128 Stat. 3810, which is not classified to the Code.

1 See References in Text note below.