alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ANGLO CALIFORNIA NATIONAL BANK OF SAN FRANCISCO, Appellant, v. SCHENLEY INDUSTRIES, Inc., a corporation, appellee. Charles W. EBNOTHER, Trustee of the Estate of Hedgeside Distillery Corporation, Bankrupt, Appellant, v. SCHENLEY INDUSTRIES, Inc., a corporation, appellee.

No. 13600.

United States Court of Appeals, Ninth Circuit.

Aug. 19, 1954.

Rehearing Denied Sept. 29, 1954.

Francis P. Walsh, Henry Gross, James M. Conners, San Francisco, Cal., for appellant, Charles W. Ebnother, trustee in bankruptcy.

Frederick M. Fisk, San Francisco, Cal., for appellant, The Anglo California Nat. Bank of San Francisco., Chick-ering & Gregory, Bruce M. Casey, Jr., San Francisco, Cal., of counsel.

Bronson, Bronson & McKinnon, Kirke La Shelle, John F. Ward, San Francisco, Cal., for appellee.

Before DENMAN, Chief Judge, and BONE and ORR, Circuit Judges.

PER CURIAM.

These are appeals from a judgment of the district court in a bankruptcy proceeding in which the court sustained the appellee’s petition for reclamation of goods stored in a warehouse for which the appellee had warehouse receipts. In the Matter of Hedgeside Distillery Corporation, D.C., 123 F.Supp. 933.

The appellants contend the district court erred with regard to a portion of the goods involved in the following respects :

1. In concluding that Bankrupt (Hedgeside Distillery Corporation) lawfully stored its goods in its warehouse for profit;

2. In concluding that copies of the warehouse receipts were kept at the warehouse;

3. And consequently in concluding that Bankrupt was a warehouseman, within the meaning of § 3440.5 of the California Civil Code.

We affirm the judgment adopting the reasoning of the opinion of Judge Lem-mon.
§ 355.33 Witnesses. ( a ) Except as provided in paragraph (b) of this section, testimony at the hearing shall be given orally by witnesses under oath or affirmation.
( b ) At the discretion of the ALJ, testimony may be admitted in the form of a written statement or deposition. Any such written statement must be provided to all other parties along with the last known address of such witness, in a manner which allows sufficient time for other parties to subpoena such witness for cross-examination at the hearing. Prior written statements of witnesses proposed to testify at the hearing and deposition transcripts shall be exchanged as provided in § 355.22(a).
( c ) The ALJ shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to— ( 1 ) Make the interrogation and presentation effective for the ascertainment of the truth.
( 2 ) Avoid needless consumption of time, and
( 3 ) Protect witnesses from harassment or undue embarrassment.
( d ) The ALJ shall permit the parties to conduct such cross-examination as may be required for a full and true disclosure of the facts.
( e ) At the discretion of the ALJ, a witness may be cross-examined on matters relevant to the proceeding without regard to the scope of his or her direct examination. To the extent permitted by the ALJ, cross-examination on matters outside the scope of direct examination shall be conducted in the manner of direct examination and may proceed by leading questions only if the witness is a hostile witness, an adverse party, or a witness identified with an adverse party.
( f ) Upon motion of any party, the ALJ shall order witnesses excluded so that they cannot hear the testimony of other witnesses. This rule does not authorize exclusion of— ( 1 ) A party who is an individual;
( 2 ) In the case of a party that is not an individual, an officer or employee of the party designated by the party's representative; or
( 3 ) An individual whose presence is shown by a party to be essential to the presentation of its case, including an individual employed by the Government engaged in assisting the representative for the Government.
§ 404.351 Who may be reentitled to child's benefits? If your entitlement to child's benefits has ended, you may be reentitled on the same earnings record if you have not married and if you apply for reentitlement. Your reentitlement may begin with— ( a ) The first month in which you qualify as a full-time student. (See § 404.367.)
( b ) The first month in which you are disabled, if your disability began before you became 22 years old.
( c ) The first month you are under a disability that began before the end of the 84th month following the month in which your benefits had ended because an earlier disability had ended; or
( d ) With respect to benefits payable for months beginning October 2004, you can be reentitled to childhood disability benefits at anytime if your prior entitlement terminated because you ceased to be under a disability due to the performance of substantial gainful activity and you meet the other requirements for reentitlement. The 84-month time limit in paragraph (c) in this section continues to apply if your previous entitlement to childhood disability benefits terminated because of medical improvement.
[44 FR 34481, June 15, 1979, as amended at 48 FR 21927, May 16, 1983; 61 FR 38363, July 24, 1996; 71 FR 66865, Nov. 17, 2006]
### SUBCHAPTER II—COUNTERING PEOPLE'S REPUBLIC OF CHINA'S COERCION AND INFLUENCE CAMPAIGNS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-7591

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

DILADE MCCOY,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Richmond. Robert E. Payne, Senior District Judge. (3:14-cr-00044-REP-2)

Submitted: April 25, 2017 Decided: April 27, 2017

Before MOTZ, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Dilade McCoy, Appellant Pro Se. Angela Mastandrea-Miller, Assistant United States

Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dilade McCoy appeals the district court’s order denying relief on his motion for 

reduction in sentence pursuant to 18 U.S.C. § 3582(c)(2) (2012). We have reviewed the 

record and find no reversible error. See United States v. Muldrow, 844 F.3d 434, 437 

(4th Cir. 2016) (providing standard). Accordingly, we affirm for the reasons stated by 

the district court. United States v. McCoy, No. 3:14-cr-00044-REP-2 (E.D. Va. Nov. 4, 

2016). We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED
### Part VII—Air Base Construction in Israel
### Part C—Foreign Service Reserve Officers
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LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

MARCH 2020 WATER QUALITY REPORT RUN DATE: April 1, 2020

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

RIO VISTA ON THE SACRAMENTO RIVER
§ 9.257 Tip of the Mitt. ( a ) *Name.* The name of the viticultural area described in this section is “Tip of the Mitt”. For purposes of part 4 of this chapter, “Tip of the Mitt” is a term of viticultural significance.
( b ) *Approved maps.* The 2 United States Geological Survey (USGS) 1:250,000 scale topographic maps used to determine the boundary of the Tip of the Mitt viticultural area are titled: ( 1 ) Cheboygan, Michigan, 1955; revised 1981; and
( 2 ) Alpena, Mich., US-Ontario, Can.; 1954.
( c ) *Boundary.* The Tip of the Mitt viticultural area is located in all or portions of Charlevoix, Emmet, Cheboygan, Presque Isle, Alpena, and Antrim Counties in Michigan. The boundary of the Tip of the Mitt viticultural area is as described below: ( 1 ) The beginning point is on the Cheboygan map, at the point where the Mackinac Bridge intersects the southern shoreline of the Straits of Mackinac. From the beginning point, proceed east-southeasterly along the shoreline of the South Channel of the Straits of Mackinac and Lake Huron, crossing onto the Alpena map and continuing to follow the Lake Huron shoreline and then the Thunder Bay shoreline to the point where the Thunder Bay shoreline intersects the common T31N/T30N township line south of the city of Alpena and north of Bare Point; then
( 2 ) Proceed northwesterly in a straight line to the intersection of an unnamed medium-duty road known locally as Long Rapids Road and an unnamed light-duty road known locally as Cathro Road; then
( 3 ) Proceed west in a straight line to the line's intersection with State Highway 65 and an unnamed light-duty road known locally as Hibner Road; then
( 4 ) Proceed northwesterly in a straight line to the intersection of the Presque Isle, Alpena, and Montmorency county lines; then
( 5 ) Proceed west along the southern boundary of Presque Isle County, crossing onto the Cheboygan map, to the point where the Presque Isle county line becomes the southern boundary of Cheboygan County, and continuing along the Cheboygan county line to the intersection of the Cheboygan county line with the eastern boundary of Charlevoix County; then
( 6 ) Proceed south then east along the Charlevoix county line to the intersection of the Charlevoix county line with the eastern boundary of Antrim County; then
( 7 ) Proceed south along the Antrim county line to the point where the county line turns due east; then
( 8 ) Proceed west in a straight line to the eastern shoreline of Grand Traverse Bay; then
( 9 ) Proceed north-northeasterly along the shorelines of Grand Traverse Bay, Lake Michigan, Little Traverse Bay, Sturgeon Bay, Trails End Bay, and the Straits of Mackinac, returning to the beginning point.
[T.D. TTB-139, 81 FR 47291, July 21, 2016]
§ 345.118 Adjustments. ( a ) *In general.* If more or less than the correct amount of an employer's contribution is paid with respect to any compensation, proper adjustments with respect to the contributions shall be made, without interest, in subsequent contribution payments by the same employer, as provided for in this section.
( b ) *Compensation adjustment.* A compensation adjustment is the amount of any adjustment reported by an employer on Form BA-4. See part 209 of this chapter.
( c ) *Adjustment of contributions.* ( 1 ) All adjustments of contributions based on compensation adjustments shall be accounted for by the employer on the contribution report for the same quarter in which the Form BA-4 reflecting the compensation adjustments is filed with the Board.
( 2 ) If less than the correct amount of contributions is paid for any previous calendar quarter or calendar year because of an error that does not constitute a compensation adjustment as defined in paragraph (b) of this section, the employer shall adjust the error by— ( i ) Reporting the additional contribution on the next report filed after discovery of the error; and
( ii ) Paying the amount thereof to the Board at the time such report is filed.
( 3 ) If more than the correct amount of contributions is paid for any previous calendar quarter or calendar year because of an error that does not constitute a compensation adjustment as defined in paragraph (b) of this section, the employer shall adjust the error by applying the excess payment as a credit against the contribution due on the next report filed after discovery of the error. However, if the overpayment cannot be adjusted because the employer is no longer required to file a report or because the overpayment to be adjusted exceeds the amount of contribution due on the employer's next report, the employer may file for a refund of the amount which cannot be adjusted as provided for in this section. If the overpayment is the result of an incorrect contribution rate as determined by the Board, the employer may file for a refund of the amount of overpayment or may take an adjustment as provided for in this section.
( d ) *Limitations on adjustments.* No overpayment shall be adjusted under this section after the expiration of three years from the time the contribution report was required to be filed, or two years from the time the contribution was paid, whichever of such periods expires the later, or if no contribution report was filed, two years from the time the contribution was paid. Any underpayment not adjusted within the time limits as set forth in paragraph (c) of this section shall be adjusted on the employer's next contribution report or reported immediately on a supplemental return. Interest shall accrue on such underpayment as provided for in § 345.122 of this part from the time the adjustment should have been made under paragraph (c) of this section to date of payment. However, no underpayment shall be adjusted under this section after the receipt from the Board of formal notice and demand.
§ 30.715 What are the grounds for excluding a provider from payment under this part? A physician, hospital, or provider of medical services or supplies shall be excluded from payment under this part if such physician, hospital or provider has: ( a ) Been convicted under any criminal statute of fraudulent activities in connection with any Federal or state program for which payments are made to providers for similar medical, surgical or hospital services, appliances or supplies;
( b ) Been excluded or suspended, or has resigned in lieu of exclusion or suspension, from participation in any Federal or state program referred to in paragraph (a) of this section;
( c ) Knowingly made, or caused to be made, any false statement or misrepresentation of a material fact in connection with a determination of the right to reimbursement under this part, or in connection with a request for payment;
( d ) Submitted, or caused to be submitted, three or more bills or requests for payment within a 12-month period under this subpart containing charges which OWCP finds to be substantially in excess of such provider's customary charges, unless OWCP finds there is good cause for the bills or requests containing such charges;
( e ) Knowingly failed to timely reimburse employees for treatment, services or supplies furnished under this subpart and paid for by OWCP;
( f ) Failed, neglected or refused on three or more occasions during a 12-month period to submit full and accurate medical reports, or to respond to requests by OWCP for additional reports or information, as required by § 30.700;
( g ) Knowingly furnished treatment, services or supplies which are substantially in excess of the employee's needs, or of a quality which fails to meet professionally recognized standards;
( h ) Collected or attempted to collect from the employee, either directly or through a collection agent, an amount in excess of the charge allowed by OWCP for the procedure performed, and has failed or refused to make appropriate refund to the employee, or to cease such collection attempts, within 60 days of the date of the decision of OWCP;
( i ) Failed to inform OWCP of any change in their provider status as required in § 30.700; or
( j ) Engaged in conduct related to care of an employee's occupational illness or covered illness that OWCP finds to be misleading, deceptive or unfair.
[84 FR 3056, Feb. 8, 2019]
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              - 4.2 Poverty-Civilians without Disabilities Ages 18-64 Years Living in the Community for the U.S.

## Table 4.2: Poverty—Civilians without Disabilities Ages 18 to 64 Years Living in the Community for the United States and States: 2012

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#### Stay Connected

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```

[House Report 111-664]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-664

======================================================================

 
  PROVIDING FOR CONSIDERATION OF THE JOINT RESOLUTION (H.J. RES. 101) 
MAKING FURTHER CONTINUING APPROPRIATIONS FOR FISCAL YEAR 2011, AND FOR 
                             OTHER PURPOSES

                                _______
                                

  November 30, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

                Mr. Polis, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                      [To accompany H. Res. 1741]

    The Committee on Rules, having had under consideration 
House Resolution 1741, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.J. Res. 101, 
``Making further continuing appropriations for fiscal year 
2011, and for other purposes,'' under a closed rule. The 
resolution provides 1 hour of debate equally divided and 
controlled by the chair and ranking minority member of the 
Committee on Appropriations.
    The resolution waives all points of order against 
consideration of the joint resolution except those arising 
under clause 9 or 10 of rule XXI. The resolution provides that 
the joint resolution shall be considered as read. The 
resolution waives all points of order against the joint 
resolution. This waiver does not affect the point of order 
available under clause 9 of rule XXI (regarding earmark 
disclosure). Finally, the resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the joint resolution (except those arising 
under clause 9 or 10 of rule XXI), the Committee is not aware 
of any points of order. The waiver is prophylactic.
    Although the rule waives all points of order against the 
joint resolution, the Committee is not aware of any points of 
order against the joint resolution. The waiver of all points of 
order against the joint resolution is prophylactic.

                                  

```
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO18 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 ClaytonHoldings, Inc. (the “Company”) on Form 10-K for the period ending December 31,2006, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), we, Frank P. Filipps, Chief Executive Officer of the Company,and Frederick C. Herbst, Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, to our knowledge, that:

(1)           TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

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

Dated: March 23, 2007
| By:        | /s/ Frank P. Filipps         |       |       |       |
|------------|------------------------------|------------|------------|------------|
|       | **Frank  P. Filipps**        | ** ** | ** ** | ** ** |
| ** ** | **Chief  Executive Officer** | ** ** |       |       |
| ** ** | ** **                   | ** ** |       |       |
| ** ** | ** **                   | ** ** |       |       |
| By:        | /s/ Frederick C. Herbst      |       |       |       |
| ** ** | **Frederick  C. Herbst**     | ** ** | ** ** | ** ** |
| ** ** | **Chief  Financial Officer** | ** ** |       |       |

 

                

 

----
### subpart 1—basic charter school grant program
§ 404.1297 Review by court—for wages paid prior to 1987. ( a ) *Who can file civil action in court.* A State may file a civil action under section 218(t) of the Act as it read prior to the enactment of Pub. L. 99-509 requesting a district court of the United States to review any decision the Commissioner makes under section 218(s) of the Act as it read prior to the enactment of Pub. L. 99-509 concerning the assessment of an amount due, the allowance of a credit or refund, or the disallowance of a claim for credit or refund.
( b ) *Where the civil action must be filed.* A State must file the civil action in the district court of the United States for the judicial district in which the State's capital is located. If the civil action is brought by an interstate instrumentality, it must file the civil action in the district court of the United States for the judicial district in which the instrumentality's principal office is located. The district court's judgment is final except that it is subject to review in the same manner as judgments of the court in other civil actions.
( c ) *No interest on credit or refund of overpayment.* SSA has no authority to pay interest to a State after final judgment of a court involving a credit or refund of an overpayment made under section 218 of the Act.
[53 FR 32976, Aug. 29, 1988, as amended at 62 FR 38451, July 18, 1997]