alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 404.1084 Gain or loss from disposition of property; capital assets; timber, coal, and iron ore; involuntary conversion. ( a ) If you are engaged in a trade or business, you must, in determining your net earnings from self-employment, exclude any gain or loss— ( 1 ) That is considered a gain or loss from the sale or exchange of a capital asset;
( 2 ) From the cutting of timber or from the disposal of timber or coal, even if held primarily for sale to customers, if section 631 of the Code applies to the gain or loss;
( 3 ) From the disposal of iron ore mined in the United States, even if held primarily for sale to customers, if section 631 of the Code applies to the gain or loss; and
( 4 ) From the sale, exchange, involuntary conversion, or other disposition of property that is not— ( i ) Stock in trade or other property of a kind which would properly be included in inventory if on hand at the close of the taxable year; or
( ii ) Property held primarily for sale to customers in the ordinary course of a trade or business;
( b ) For purposes of paragraph (a)(4) of this section, it is immaterial whether a gain or loss is treated as a capital gain or as an ordinary gain or loss for purposes other than determining earnings from self-employment.
( c ) For purposes of paragraph (a)(4) of this section— ( 1 ) The term *involuntary conversion* means a compulsory or unintended change of property into other property or money as a result of such things as destruction, theft or seizure; and
( 2 ) The term *other disposition* includes destruction or loss by fire, theft, storm, shipwreck, or other casualty, even though there is no change of the property into other property or money.
Example: During the taxable year 1976, A, who owns a grocery store, had a net profit of $1,500 from the sale of groceries and a gain of $350 from the sale of a refrigerator case. During the same year, he had a loss of $2,000 as a result of damage by fire to the store building. In figuring taxable income for income tax purposes, all of these items are considered. In determining net earnings from self-employment, however, only the $1,500 of profit derived from the sale of groceries is included. The $350 gain and the $2,000 loss are excluded.
EXHIBIT
32.1





CERTIFICATION
OF CHIEF EXECUTIVE OFFICER 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 Annual Report of Alsius Corporation. (the “Company”) on Form
10-K for the period ended December 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, William J.
Worthen, Chief Executive Officer of the Company, certify, pursuant to
Rule 13a-14(b) or Rule 15d-14(b) under the Securities Exchange Act of
1934 (15 U.S.C. 78m or 780(d)) and 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of
my knowledge:




(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.








/s/
      William J. WorthenWilliam J.
      WorthenChief
      Executive Officer




This
certification accompanies this Report pursuant to Rule 13a-14(b) or
Rule 15d-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C.
Section 1350 and shall not be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934.





Date:
March 31, 2009
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA F OURTH D ISTRICT

SHANE HARDISON , Appellant,

v.

STATE OF FLORIDA , Appellee

.

No. 4D 20

- 301

[ June 4, 2020 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Mariya Weekes , Judge; L.T. Case No s

. 11

- 003397CF10A & 16

- 000894CF10A

.
Shane Hardison, Pahokee, pro se.

No appearance required for appellee.

P ER C URIAM

.
Affirmed.

G ROSS , F ORS T and K LINGENSMITH , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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

31

DAY HIGH

 13,916

 10,494

 9,809

 11,617

 11,789

 12,840

 18,855

 15,957

 10,824

 8,344

 7,173

 2,261

 1,011

 692

 523

 1,993

 6,785

 13,902

 17,448

 18,059

 18,142

 17,588

 16,944

 17,080

 16,946

 18,396

 15,941

 13,450

 8,993

 7,069

 7,066

 6,954

 2,711

 1,391

 926

 562

 566

 1,206

 1,523

 842

 727

 637

 484

 445

 418

 396

 363

 367

 354

 388

 1,412

 1,883

 1,695

 1,604

 1,890

 2,093

 3,015

 3,363

 3,634

 2,711

 1,312

 679

 10,922

 7,230

 4,760

 3,872

 3,343

 3,627

 7,688

 7,899

 5,118

 3,478

 2,754

 969

 622

 523

 455

 626

 1,581

 3,152

 5,983

 8,954

 9,616

 9,085

 9,180

 9,588

 9,586

 10,400

 9,467

 9,405

 6,012

 3,978

 3,083

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

JANUARY 2005 WATER QUALITY REPORT RUN DATE: March 4, 2005

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
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

MICHAEL SENECA,

 Plaintiff - Appellant,

 v.

FIRST FRANKLIN FINANCIAL

CORPORATION; et al.,

 Defendants - Appellees.

No. 11-57073

D.C. No. 3:10-cv-02329-DMSWVG

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Dana M. Sabraw, District Judge, Presiding

Submitted June 18, 2013** 

Before: LEAVY, TALLMAN, and M. SMITH, Circuit Judges.

Michael Seneca appeals pro se from the district court’s judgment dismissing

his action alleging, among other things, violations of the Truth in Lending Act and

the Real Estate Settlement Procedures Act. We have jurisdiction under 28 U.S.C.

FILED

JUN 25 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-57073

§ 1291. We review de novo a dismissal for lack of standing. Del. Valley Surgical

Supply Inc. v. Johnson & Johnson, 523 F.3d 1116, 1119 (9th Cir. 2008). We

affirm. 

Seneca’s claims remain property of his Chapter 7 bankruptcy estate because

they accrued before Seneca filed his bankruptcy petition but were never scheduled

or otherwise administered in his bankruptcy case. See 11 U.S.C. § 554(d) (“Unless

the court orders otherwise, property of the estate that is not abandoned under this

section and that is not administered in the case remains property of the estate.”);

Canatella v. Towers (In re Alcala), 918 F.2d 99, 102 (9th Cir. 1990) (causes of

action which accrued before Chapter 7 petition is filed are part of the estate vested

in the trustee); see also Cheng v. K & S Diversified Invs., Inc. (In re Cheng), 308

B.R. 448, 461 (B.A.P. 9th Cir. 2004) (“Property of the estate that is not scheduled

or otherwise administered by the time the case is closed remains property of the

estate forever.”). Accordingly, the district court properly dismissed Seneca’s

action because Seneca is not the real party in interest and has no standing to pursue

his claims. See Fed. R. Civ. P. 17(a)(1) (“An action must be prosecuted in the

name of the real party in interest.”); see also Estate of Spirtos v. One San

Bernardino Cnty. Superior Court Case Numbered SPR 02211, 443 F.3d 1172,
3 11-57073

1176 (9th Cir. 2006) (bankruptcy code endows bankruptcy trustee with exclusive

right to sue on behalf of estate). 

Seneca’s contentions concerning the lack of oral argument, the propriety of

removal to federal court, the adequacy of the district court’s explanation of its

conclusions, and the district court’s consideration of judicially-noticed bankruptcy

court orders are unpersuasive. 

AFFIRMED.
### §4442. Administrative provisions

#### (a) Payments

The Secretary may award grants under this subchapter in installments, in advance, or by way of reimbursement and may make necessary adjustments in payments of grants on account of overpayments or underpayments.

#### (b) Recovery of overpayments

(1) If the Secretary or a court of competent jurisdiction finds that—

(A) any person—

(i) has—

(I) made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or

(II) knowingly failed, or caused another to fail, to disclose a material fact; and

(ii) as a result of such action, has received any funds under this subchapter which such person would not have otherwise received, or

(B) any person misappropriates any funds paid by the Secretary under this subchapter,

such person shall be liable to repay the amount of such funds to the United States. Any such finding by the Secretary may be made only after an opportunity for a fair hearing.

(2) Any amount repaid under this subsection shall be returned to the general fund of the Treasury of the United States.

#### (c) Penalties

Whoever—

(1) makes a false statement of a material fact knowing it to be false, or knowingly fails to disclose a material fact, for the purpose of obtaining or increasing for such person or for any other person any payment of funds provided under this subchapter, or

(2) misappropriates any funds provided under this subchapter,

shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

(Pub. L. 99–498, title XV, §1522, Oct. 17, 1986, 100 Stat. 1611.)
All drones are aircraft-even the ones at the toy store. 

So when I fly a drone I am a pi lot. 

Before I fly I always go through my pre-flight check list. 

I regularly check the safety guidelines at faa.gov/uas 

Federal Aviation 

Administration 

' I ,' FLY SMART, FLY SAFE, AND HAVE FUN! , 

knowbeforeyoufly.org I taa.gov/uas 

0 I fly below 400 feet 

0 I always fly within visual line 

of sight 

0 I'm aware of FAA airspace 

requirements: faa.govlgoluastfr 

0 I never fly over groups of people 

0 I never fly over stadiums and 

sports events 

0 I never fly within 5 miles of an 

airport without first contacting 

air traffic control and 

airport authorities 

0 I never fly near emergency 

response efforts such as fires 

0 I never fly near other aircraft 

0 I never fly under the influence 
All drones are aircraft- even the ones at the toy store. 

So when I fly a drone I am a pi lot. 

Before I fly I always go through my pre-flight check list. 

I regularly check the safety guidelines at faa.gov/uas 

FLY SMART, FLY SAFE, 

AND HAVE FUN! 

knowbeforeyoufly.org 

faa.gov/uas 

0 I fly below 400 feet 

0 I always fly within visual line of sight 

0 I'm aware of FAA airspace 

requirements: faa.govlgoluastfr 

0 I never fly over groups of people 

0 I never fly over stadiums and 

sports events 

0 I never fly within 5 miles of an 

airport without first contacting air 

traffic control and airport authorities 

0 I never fly near emergency 

response efforts such as fires 

0 I never fly near other aircraft 

0 I never fly under the influence 

Federal Aviation 

Administration
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 
 FORM 8-K
 CURRENT REPORT  Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
 Date of report (Date of earliest event reported): June 30, 2011
 
 CAREY WATERMARK INVESTORS INCORPORATED
  Maryland
 000-54263
    
    26-2145060(Commission File Number)
    
    (IRS Employer Identification No.)50 Rockefeller Plaza, New York, NY
    
    10020(Address of Principal Executive Offices)
    
    (Zip Code)
   
  o
 o
 o
 o




---



TABLE OF CONTENTS  Item 5.07 Submission of Matters to a Vote of Security HoldersSIGNATURES    Table of Contents  
 Item 5.07 Submission of Matters to a Vote of Security Holders
  Name of Director
    
    For
    
    
    Withheld
    
    
    Abstained*Trevor P. Bond
    
    
    820,210
    
    
    
    20,829
    
    
    
    23,222Michael G. Medzigian
    
    
    820,210
    
    
    
    20,829
    
    
    
    23,222Charles S. Henry
    
    
    820,210
    
    
    
    20,829
    
    
    
    23,222Michael D. Johnson
    
    
    820,210
    
    
    
    20,829
    
    
    
    23,222Robert E. Parsons, Jr.
    
    
    820,210
    
    
    
    20,829
    
    
    
    23,222William H. Reynolds, Jr.
    
    
    820,210
    
    
    
    20,829
    
    
    
    23,222
 
 *
    
    Represents shares held by the Companys advisor, W. P. Carey & Co. LLC and certain
of its affiliates, which were present for quorum purposes but are not entitled to be voted for the
election of directors under the Companys Bylaws. 
 SIGNATURES
  Carey Watermark Investors IncorporatedDate:      July 7, 2011
    By:
    /s/ Susan C. HydeSusan C. HydeManaging Director
§ 336.1 Introduction. ( a ) *General.* This subpart explains how long a qualified employee may receive normal unemployment or sickness benefits under the Railroad Unemployment Insurance Act during a benefit year. Under section 2(c) of that Act, normal unemployment benefits are payable for up to 130 days of unemployment within a benefit year, or in an amount equal to the amount of the employee's “base year compensation”, whichever is less. A similar limitation applies to the payment of sickness benefits. An employee who exhausts his or her normal unemployment or sickness benefits may be eligible for payment of extended unemployment or extended sickness benefits under the conditions set forth in subpart B of this part.
( b ) *Definitions.* The terms “benefit year”, “base year”, and “compensation” are defined in part 302 of this chapter. The term “registration period” is defined in parts 325 and 335 of this chapter. For the purposes of this subpart, and as explained in § 336.4 of this part, an employee's “base year compensation” may include compensation in excess of the monthly compensation base (as defined in part 302 of this chapter) even though such excess may not be counted for the purpose of determining whether such employee is a “qualified employee” within the meaning of part 302.
( c ) *Recovery of benefits.* When unemployment or sickness benefits are recovered by the Board for one or more days, the Board will disregard those days in determining whether the employee has exhausted normal unemployment or sickness benefits with respect to the applicable benefit year.
January 2023

STORAGE INFLOW- C.F.S. RELEASE - C.F.S. GAINS(+)

ACRE-FEET O'NEILL S.LUIS CALIF. O'NEILL

S.LUIS DOS AMIGOS * OR LOSS

(-)

DAY ELEV IN LAKE CHANGE PUMPING GEN. AQUEDUCT GEN. PUMPING PUMPING DELIV. C.F.S.

49,261

1 221.75 47,730 -1,531 3,027 0 3,386 0 6,761 254 -170

2 222.22 48,969 1,239 3,092 0 4,970 0 7,291 0 -146

3 220.52 44,505 -4,464 3,253 0 3,072 0 8,174 0 -401

4 220.61 44,740 235 3,250 0 3,407 0 6,106 416 -16

5 221.26 46,442 1,702 3,326 0 3,036 0 5,404 0 -101

6 221.36 46,705 263 3,272 0 1,567 0 4,597 0 -110

7 220.97 45,682 -1,023 3,601 0 1,466 0 5,460 0 -123

8 220.99 45,734 52 3,717 0 1,870 0 5,451 0 -110

9 221.43 46,889 1,155 3,801 0 1,994 0 5,370 0 157

10 220.94 45,603 -1,286 3,145 0 3,145 0 6,736 0 -203

11 220.00 43,152 -2,451 3,106 0 3,813 0 7,962 0 -193

12 220.26 43,827 675 3,350 0 5,099 0 7,968 0 -141

13 219.98 43,100 -727 3,566 0 4,739 0 8,459 0 -212

14 219.72 42,428 -672 3,653 0 4,345 0 8,257 0 -80

15 219.90 42,893 465 3,872 0 5,233 0 8,957 0 86

16 217.72 37,381 -5,512 3,624 0 4,939 0 10,953 174 -215

17 217.97 37,998 617 3,217 0 8,807 0 11,400 217 -96

18 217.37 36,527 -1,471 2,862 0 10,020 0 12,840 0 -783

19 218.61 39,599 3,072 3,564 0 9,162 0 11,677 0 499

20 219.11 40,864 1,265 3,580 0 9,873 0 11,577 1,104 -134

21 219.78 42,583 1,719 3,090 0 9,907 0 11,612 491 -28

22 220.01 43,178 595 3,677 0 9,764 0 12,615 314 -212

23 219.72 42,428 -750 3,597 0 9,072 0 12,536 343 -167

24 220.26 43,827 1,399 3,648 0 9,976 0 12,445 443 -31

25 221.11 46,049 2,222 3,650 0 10,162 0 12,400 281 -11

26 221.39 46,784 735 3,522 0 9,970 0 12,327 664 -131

27 221.65 47,467 683 3,584 0 9,557 0 12,235 573 12

28 222.10 48,650 1,183 3,578 0 9,744 0 12,169 529 -27

29 222.25 49,049 399 3,620 0 8,750 0 12,073 0 -96

30 221.38 46,758 -2,291 3,678 0 7,860 0 11,949 521 -224

31 221.30 46,547 -211 3,629 0 7,492 0 10,450 729 -49

TOTALS -2,714 107,151 0 196,197 0 294,211 7,053 -3,456

ACRE-FEET -2,714 212,536 0 389,161 0 583,573 13,989 31 -6,849

* DAILY DEL. FIGURES UNAVAILABLE. TOT. DEL. IS INCLUDED IN COMPUTING MONTHLY TOTALS

SUMMARY

Release (ACRE-FEET)

O'Neill Generation 0 Dos Amigos Pump 13,989

San Luis Pump 583,573 Deliveries 31

Total 597593

Historical Archive and Report Database

Consolidated State-Federal O'Neill Forebay 

Daily Operations

Run Date: 1/30/2024
#### § 220.161 How work affects an employee disability annuity.

In addition to the condition in § 220.160, the employee's disability annuity is not payable and the employee must return the annuity payment for any month in which the employee earns more than $400 (after deduction of impairment-related work expenses) in employment or self-employment of any kind. Any annuity amounts withheld because the annuitant earned over $400 in a month may be paid after the end of the year, as shown in § 220.164. The $400 monthly limit no longer applies when the employee attains retirement age and the disability annuity is converted to a full age annuity. See § 220.145 for the definition of impairment-related work expenses.

[56 FR 12980, Mar. 28, 1991, as amended at 68 FR 39010, July 1, 2003]
§ 369.3 Procedures for obtaining permission to use the seal. Requests for written permission to use the seal of the Railroad Retirement Board shall be in writing and shall be directed to the Director of Administration of the Railroad Retirement Board. The request should, at a minimum, contain the following information: ( a ) Name and address of the requester.
( b ) A description of the type of activity in which the requester is engaged or proposes to engage.
( c ) A statement of whether the requester considers the proposed use or imitation to be commercial or non-commercial, and why.
( d ) A brief description and illustration or sample of the proposed use, as well as a description of the product or service in connection with which it will be used. This description will provide sufficient detail to enable the Director of Administration to determine whether the intended use of the seal is consistent with the interests of the government.
( e ) In the case of a non-commercial use, a description of the requesting organization's function and purpose shall be provided.
#### Dennis Pawolowski, Respondent, v. The City of Schenectady and Others, Defendants. George R. Lunn, Appellant.

Final order affirmed, with costs. All concurred, except Howard, J., dissenting.
* 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. 04-11042

_____________________ UNITED STATES OF AMERICA Plaintiff - Appellee

v. PARIS D ST JOHN Defendant - Appellant

--------------------- Appeal from the United States District Court for the

Northern District of Texas, Dallas

3:03-CR-442

--------------------- Before SMITH, GARZA, and PRADO, Circuit Judges.

PER CURIAM: *
IT IS ORDERED that Appellee’s unopposed motion to vacate the sentence is GRANTED.

IT IS FURTHER ORDERED that Appellee’s unopposed motion to remand case to the district court for resentencing is GRANTED. United States Court of Appeals

Fifth Circuit 

## F I L E D February 1, 2006 Charles R. Fulbruge III Clerk
### §396. Practice of medicine

Nothing in this chapter shall be construed to limit or interfere with the authority of a health care practitioner to prescribe or administer any legally marketed device to a patient for any condition or disease within a legitimate health care practitioner-patient relationship. This section shall not limit any existing authority of the Secretary to establish and enforce restrictions on the sale or distribution, or in the labeling, of a device that are part of a determination of substantial equivalence, established as a condition of approval, or promulgated through regulations. Further, this section shall not change any existing prohibition on the promotion of unapproved uses of legally marketed devices.

(June 25, 1938, ch. 675, §1006, formerly §906, as added Pub. L. 105–115, title II, §214, Nov. 21, 1997, 111 Stat. 2348; renumbered §1006, Pub. L. 111–31, div. A, title I, §101(b)(2), June 22, 2009, 123 Stat. 1784.)

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

#### Effective Date

Section effective 90 days after Nov. 21, 1997, except as otherwise provided, see section 501 of Pub. L. 105–115, set out as an Effective Date of 1997 Amendment note under section 321 of this title.
Exhibit 10.1
 TERMINATION AGREEMENT
 Agreement Company Parent Consultant
 Consulting Agreement
  Termination.
 Release of Claims.
 Amendment.
 Successors and Assigns.
 Governing Law.
 Execution of Counterparts.
 [signature page follows]




---



##### 



ENERGY TRANSFER EQUITY, L.P.By:
    /s/ John W. McReynoldsName:
    John W. McReynoldsTitle:
    President and Chief Financial OfficerSOUTHERN UNION COMPANYBy:
    /s/ Eric HerschmannName:
    Eric HerschmannTitle:
    President and COOGeorge L. Lindemann/s/ George L. Lindemann [Signature page to the Termination Agreement (Consulting)]
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

31

DAY HIGH

 4,469

 3,157

 3,558

 3,429

 4,977

 5,233

 6,691

 7,728

 7,255

 7,048

 6,062

 6,339

 6,707

 6,552

 5,453

 5,797

 7,246

 7,819

 8,324

 10,987

 9,901

 11,599

 12,104

 12,446

 12,585

 12,514

 11,800

 12,668

 11,087

 10,474

 11,104

 638

 628

 548

 766

 707

 746

 702

 689

 755

 778

 877

 841

 1,009

 1,192

 1,055

 1,265

 1,964

 2,263

 2,835

 2,717

 3,175

 3,095

 2,780

 3,074

 3,311

 3,580

 3,713

 4,139

 3,948

 4,318

 4,587

 1,786

 1,569

 1,352

 1,461

 1,404

 1,664

 1,951

 2,344

 2,371

 2,400

 2,298

 2,480

 2,502

 2,709

 2,691

 2,700

 3,549

 4,159

 4,655

 5,326

 6,112

 6,291

 6,625

 6,607

 6,669

 7,271

 6,966

 7,212

 6,713

 6,968

 7,101

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

AUGUST 2003 WATER QUALITY REPORT RUN DATE: September 2, 2003

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PITTSBURG BOTTOM ON THE SACRAMENTO RIVER