alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

_____________ No. 21

- 2519

_____________ AMERICAN PATRIOT AMBULANCE SERVICE INC., d/b/a Patriot Ambulance, Appellant,

v.
ZOLL DATA SYSTEMS INC.

______________ On Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. No. 2 :21

- cv
- 01709 ) District Judge: Paul S. Diamond

______________ Submitted Pursuant to Third Circuit L.A.R. 34.1(a) on

September 20 , 2022

Before: CHAGARES, Chief Judge , McKEE ,  and PORTER, Circuit Judges

(Opinion filed: December 22, 2022 )

_____________________ OPINION 

______________________ McKEE , Circuit Judge :

 Judge McKee assumed senior status on October 21, 2022.

 This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.2

American Patriot Ambulance Service Inc. (“American Patriot”) appeals the District Court’s denial of its motions to amend the judgment and to file an amended complaint. 1 For the reasons set forth below, we will affirm. The District Court granted Defendant Zoll Data System Inc.’s motion to dismiss the complaint with prejudice. Thereafter, American Patriot moved to amend the judgment pursuant to Federal Rule of Civil Proced ure 59 and also moved to file an amended complaint in the event the District Court granted the motion to amend the judgment. A district court may only grant a Rule 59 motion if the party seeking reconsideration demonstrates one of the following: “(1) an i ntervening change in the controlling law; (2) the availability of new evidence that was not available when the court granted the motion

. . . ; or (3) the need to correct a clear error of law or fact or to prevent manifest injustice.” 2 American Patriot mo ved for reconsideration based on newly discovered
evidence. The District Court denied American Patriot’s Rule 59 motion because the evidence American Patriot presented was not newly discovered. 3

We will affirm the District Court’s denial of the Rule 59 m otion because American Patriot has conceded that the evidence was not newly discovered. T he

1 We have jurisdiction under 28 U.S.C. § 1291. We review a district court’s order denying a motion for reconsideration for abuse of dis cretion. Long v. Atl. City Police Dep ’ t , 670 F.3d 436, 446 (3d Cir. 2012)

. 2 Max’s Seafood Cafe ex rel. Lou

- Ann, Inc. v. Quinteros , 176 F.3d 669, 677 (3d Cir. 1999). 3 App. 3a

- 4a. Alternatively, the District Court denied the Rule 59 motion as untimely. App . 3a. We need not address this alternative basis for denial.3

judgment dismissing the action with prejudice remains unaltered ; therefore, we will also
affirm the District Court’s denial of American Patriot’s motion to amend th e complaint.
### §1741. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 97–399, §2, Dec. 31, 1982, 96 Stat. 2012, which set out congressional findings and declaration of policy, was omitted from the Code as being of special and not general application.

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

#### Short Title

Pub. L. 97–399, §1, Dec. 31, 1982, 96 Stat. 2012, provided that Pub. L. 97–399, enacting this part A (§1741 et seq.) of this subchapter, could be cited as the "Florida Indian Land Claims Settlement Act of 1982".
Exhibit 32.1  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report of ALCO, Inc. (the "Company") on Form 10-Q for the period ended September 30, 2008 (the "Report"), I, Andrew Liu, Chief Executive Officer and Chairman of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:  1) The Report fully complies with the requirement 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 Company's financial position and results of operations.      By: /s/ Andrew Liu, CEO and Chairman  Date:November 14, 2008
#### Virginia W. Burleigh et al., Appellants, *v.*Robert Center, Trustee, etc., Respondent.

(Submitted June 3, 1878;

decided June 11, 1878.)

This action was brought to compel defendant to unite with his co-trustee, the plaintiff Schenck, in paying to plaintiff Burleigh, a sum alleged to be in their hands, as income; of the trust estate to which she was entitled.' The amount claimed was less than $500.' Defendant demurred to the complaint, and upon an order sustaining the demurrer a judgment was entered in favor of defendant. Held, that the case was not appealable to this court.

*Douglas Campbell*for appellants.

*Joseph Larocque*for respondent.

*Per Curiam*

opinion for dismissal of appeal.

All concur.

Appeal dismissed.
Ruston Foundry Final Close Out Report

Katrina Coltrain to: CCulley, Amy Salinas, Howard Fribush, 

wanda.ballou 02/08/2010 07:54 AM

All, please find attached the Final Close Out Report for Ruston Foundry. 

This is the final. No hard copy to follow.

Katrina Higgins-Coltrain

Remedial Project Manager

USEPA Superfund

Louisiana/New Mexico/Oklahoma Section (6SF-RL)

1445 Ross Avenue, Suite 1200

Dallas, TX 75202

214-665-8143

214-665-6660 (fax)

000106
```

[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Notices]
[Pages 6621-6622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2903]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice 7792]

Culturally Significant Objects Imported for Exhibition 
Determinations: ``The Rylands Haggadah: Medieval Jewish Art in 
Context''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 
of August 28, 2000 (and, as appropriate, Delegation of Authority No. 
257 of April 15, 2003), I hereby determine that the object to be 
included in the exhibition ``The Rylands Haggadah: Medieval Jewish Art 
in Context,'' imported from abroad for temporary exhibition within the 
United States, is of cultural significance. The object is imported 
pursuant to a loan agreement with a foreign owner or custodian. I also 
determine that the exhibition or display of the exhibit object at The 
Metropolitan Museum of Art, New York, NY, from on or about March 27, 
2012, until on or about

[[Page 6622]]

September 30, 2012, and at possible additional exhibitions or venues 
yet to be determined, is in the national interest. I have ordered that 
Public Notice of these Determinations be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: For further information, including an 
art object list, contact Julie Simpson, Attorney-Adviser, Office of the 
Legal Adviser, U.S. Department of State (telephone: (202) 632-6467). 
The mailing address is U.S. Department of State, SA-5, L/PD, Fifth 
Floor (Suite 5H03), Washington, DC 20522-0505.

    Dated: January 30, 2012.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2012-2903 Filed 2-7-12; 8:45 am]
BILLING CODE 4710-05-P
```
§ 16.1 Agreements to dispose of helium in natural gas. ( a ) Pursuant to his authority and jurisdiction over Federal lands, the Secretary may enter into agreements with qualified applicants to dispose of the helium of the United States upon such terms and conditions as he deems fair, reasonable, and necessary to conserve such helium, whenever helium can be conserved that would otherwise be wasted or lost to Federal ownership or use in the production of oil or gas from Government lands embraced in an oil and gas lease or whenever federally owned deposits of helium-bearing gas are being drained. The precise nature of any agreement will depend on the conditions and circumstances involved in that particular case.
( b ) An agreement shall be subject to the existing rights of the Federal oil and gas lessee.
( c ) An agreement shall provide that in the extraction of helium from gas produced from Federal lands, it shall be extracted so as to cause no delay, except that required by the extraction process, in the delivery of the residue of the gas produced from such lands to the owner thereof. Title will be granted to the helium which is physically reduced to possession.
[30 FR 9218, July 23, 1965]
EX-4.1





 Exhibit 4.1 
  






 
 SEE REVERSE FOR IMPORTANT NOTICE REGARDING OWNERSHIP AND TRANSFER RESTRICTIONS AND CERTAIN OTHER INFORMATION
INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE CUSIP 82933R 10 0 COMMON STOCK SEE REVERSE FOR CERTAIN DEFINITIONS SPECIMEN FULLY PAID AND NON-ASSESSABLE SHARES OF THE COMMON STOCK $0.0001 PAR VALUE, OF SINGULAR GENOMICS SYSTEMS, INC.
transferable on the books of the Company in Person or by duly authorized attorney, upon surrender of this Certificate properly endorsed. This Certificate and the shares represented hereby, are issued and shall be held subject to all of the
provisions of the Certificate of Incorporation, as amended, and the Bylaws, as amended, of the Company (copies of which are on file with the Company and with the Transfer Agent), to all of which each holder, by acceptance hereof, assents. This
Certificate is not valid unless countersigned and registered by the Transfer Agent and Registrar. WITNESS the facsimile seal of the Company and the facsimile signatures of its duly authorized officers. OMICS N S G E YS R T E L A M U , S G I N I C N
S . 0000001 CHIEF EXECUTIVE OFFICER VICE PRESIDENT OF FINANCE 












 



 
 The following abbreviations, when used in the :inscription on the face of this certificate, shall be construedas though they were
written out in full accoriling to applicable laws or regulations: TEN COM -as tenants in common UNlF GIFI MIN ACT- . c-dian . TENENT the (Mmo<) -as tenants by entireties IT TEN -as joint tenants with right of under Uniform Gifts to Minors
survivorship and not as tenants Act in common (State) TTEE -trusteeunder Agreement dated Additional abbreviations may also be used though not in the above list. For value received, hereby sell, assign and transfer unto PlEASE INSERT SOCIAl SECURITY
OR OTHER IDENTIFYING NUMBER OF ASSIGNEE PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS INCWDING POSTAL ZIP CODE OF ASSIGNEE. Shares of the common stock represented by this certificate and do hereby irrevocably constitute and appoint · attorney,
to transfer the said stock on the books of the within-named corporation with full power of substitution in the premises. DATED NOTICE;The signature to this assignment must correspond wlth the name aswritten upon the face of the certtflcate In awry
particular without alteration or enlargement or any change whamver. SIGNATURE GUARANTEED:
Exhibit 32.2

                    CERTIFICATION OF CHIEF FINANCIAL 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 San Jose International, Inc. (the
"Company") on Form 10-KSB A (1) for the period ending September 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Christopher Greenwood, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002, that:

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

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

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
24th day of December 2003.


/s/ Christopher Greenwood
--------------------------------
Chief Financial Officer
§ 900.5 Staff. ( a ) The Executive Director advises and assists the Joint Board directly in carrying out its responsibilities under the Act and performs such other functions as the Board may delegate to him.
( b ) Members of the staffs of the Departments of the Treasury and of Labor, by arrangement with the Joint Board, perform such services as may be appropriate in assisting the Board in the discharge of its responsibilities.
Exhibit 32.3



Certification of Chief Accounting Officer



Pursuant to



Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350)



In connection with the Annual Report on Form 10-K for the year ended December 31, 2004 (the Report) of
MCG Capital Corporation (the Registrant), as filed with the Securities and Exchange Commission on the date hereof, I, John C. Wellons, the Chief Accounting Officer of the Registrant, hereby certify, to the best of my
knowledge, that:



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



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



/S/    JOHN C.
WELLONSName: John C. Wellons Date: March 4, 2005
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### Geology of the Omaha-Council Bluffs area, Nebraska-Iowa

#### Professional Paper 472

Tweet


#### Links

- More information: **National Geologic Map Database Index Page**     
                             (html)
- Document: **Document**                                
  (pdf)
- Plates:
- **Plate 1**                                
    (pdf)
- **Plate 2**                                
    (pdf)
- **Plate 3**                                
    (pdf)
- **Plate 4**                                
    (pdf)
- Preceding Publications:
- Surficial 
    geology of the Council Bluffs, Iowa, area (1956)
- Preliminary 
    bedrock-surface map of the Omaha-Council Bluffs area, Nebraska-Iowa 
    (1957)
- Download citation as:  RIS

#### Abstract

#### Additional publication details

Part or all of this report is presented in Portable 
Document Format (PDF). For best results viewing and printing PDF documents, it 
is recommended that you download the documents to your computer and open them 
with Adobe Reader. PDF documents opened from your browser may not display or 
print as intended. Download the latest version of Adobe 
Reader, free of charge. More information about viewing, downloading, and 
printing report files can be found here.

Accessibility
				    FOIA				    Privacy				    Policies and 
Notices

U.S. Department of the Interior				    | 				    
U.S. Geological 
Survey				    				   URL: http://pubs.er.usgs.gov/publication/pp472 
                   				    				   Page Contact Information: Pubs 
Warehouse Contact Page				    				   Page Last Modified: February 02, 
2012 00:05:55
<PAGE>   1
                                                                    Exhibit 18


PRICEWATERHOUSE COOPERS LLP
------------------------------------------------------------------------------



August 14, 1998




Canyon Resources Corporation
14142 Denver West Parkway
Suite 250
Golden, Colorado 80401


We are providing this letter to you for inclusion as an exhibit to your Form
10-Q filing pursuant to Item 601 of Regulation S-K.

We have read management's justification for the change in accounting from
capitalizing all exploration costs on unproven properties to expensing these
costs, prior to the establishment of proven and probable reserves as contained
in the Company's Form 10-Q for the quarter ended June 30, 1998. Based on our
reading of the data and discussions with Company officials of the business
judgment and business planning factors relating to the change, we believe
management's justification to be reasonable. Accordingly, in reliance on
management's determination as regards elements of business judgment and business
planning, we concur that the newly adopted accounting principle described above
is preferable in the Company's circumstances to the method previously applied.

We have not audited any financial statements of Canyon Resources Corporation as
of any date or for any period subsequent to December 31, 1997, nor have we
audited the application of the change in accounting principle disclosed in Form
10-Q of Canyon Resources Corporation for the six months ended June 30, 1998;
accordingly, our comments are subject to revision on completion of an audit of
the financial statements that include the accounting change.

Very truly yours,


/s/PriceWaterhouseCoopers LLP
###### Editorial Note on Part 1600

#### Editorial Note:

At 82 FR 60555, Dec. 21, 2017, as required by the Congressional Review Act and Public Law 115-12, the Bureau of Land Management removed all amendments to part 1600 made effective on Jan. 11, 2017, at 81 FR 89661, Dec. 12, 2016.

#### § 1610.4-9 Monitoring and evaluation.

The proposed plan shall establish intervals and standards, as appropriate, for monitoring and evaluation of the plan. Such intervals and standards shall be based on the sensitivity of the resource to the decisions involved and shall provide for evaluation to determine whether mitigation measures are satisfactory, whether there has been significant change in the related plans of other Federal agencies, State or local governments, or Indian tribes, or whether there is new data of significance to the plan. The Field Manager shall be responsible for monitoring and evaluating the plan in accordance with the established intervals and standards and at other times as appropriate to determine whether there is sufficient cause to warrant amendment or revision of the plan.

[48 FR 20368, May 5, 1983, as amended at 70 FR 14567, Mar. 23, 2005; 81 FR 89661, Dec. 12, 2016; 82 FR 60555, Dec. 21, 2017]
#### The People of the State of New York ex rel. Ernert O. von Moser, Appellant, against New York State Parole Board, Respondent.

All concur, [179 Misc. 397. j
[Federal Register Volume 69, Number 185 (Friday, September 24, 2004)]
[Notices]
[Page 57358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21463]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK-961-1410-HY-P; AA-84417, CAA-12]


Notice of Decision Approving Lands for Conveyance: Alaska Native 
Claims Selection

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: As required by 43 CFR 2650.7(d), notice is hereby given that 
an appealable decision approving lands for conveyance pursuant to the 
Alaska Native Claims Settlement Act will be issued to Calista 
Corporation. The lands are located in Tps. 22 and 23 N., R. 48 W., and 
T. 22 N., R. 49 W., Seward Meridian, in the vicinity of Donlin Creek, 
Alaska, and contain 17,207.68 acres. Notice of the decision will also 
be published four times in the Tundra Drums.

DATES: The time limits for filing an appeal are:
    (1) Any party claiming a property interest which is adversely 
affected by the decision shall have until October 25, 2004 to file an 
appeal.
    (2) Parties receiving service of the decision by certified mail 
shall have 30 days from the date of receipt to file an appeal.
    Parties who do not file an appeal in accordance with the 
requirements of 43 CFR Part 4, Subpart E, shall be deemed to have 
waived their rights.

ADDRESSES: A copy of the decision may be obtained from: Bureau of Land 
Management, Alaska State Office, 222 West Seventh Avenue, <greek-i> 13, 
Anchorage, Alaska 99513-7599.

FOR FURTHER INFORMATION CONTACT: Chris Sitbon, by phone at (907) 271-
3226, or by e-mail at Chris--Sitbon @ak.blm.gov. Persons who use a 
telecommunication device (TTD) may call the Federal Information Relay 
Service (FIRS) on 1-800-877-8330, 24 hours a day, seven days a week, to 
contact Ms. Sitbon.

Chris Sitbon,
Land Law Examiner, Branch of Land Transfer Services.
[FR Doc. 04-21463 Filed 9-16-04; 8:45 am]
BILLING CODE 4310-$$-P
[Federal Register Volume 69, Number 186 (Monday, September 27, 2004)]
[Notices]
[Page 57678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21573]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army


Availability for Non-Exclusive, Exclusive, or Partially Exclusive 
Licensing of U.S. Provisional Patent Application Concerning a 
Hortizontally Adjusted Wheelchair

AGENCY: Department of the Army, DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with 37 CFR 404.6 and 404.7, announcement is 
made of the availability for licensing of the invention described in 
U.S. Provisional Patent Application Serial No. 60/529,120 entitled 
``Horizontally Adjusted Wheelchair,'' filed December 15, 2003. The 
United States Government, as represented by the Secretary of the Army, 
has rights in this invention.

ADDRESSES: Commander, U.S. Army Medical Research and Materiel Command, 
ATTN: Command Judge Advocate, MCMR-JA, 504 Scott Street, Fort Detrick, 
Frederick, MD 21702-5012.

FOR FURTHER INFORMATION CONTACT: For patent issues, Ms. Elizabeth 
Arwine, Patent Attorney, (301) 619-7808. For licensing issues, Dr. Paul 
Mele, Office of Research & Technology Assessment, (301) 619-6664, both 
at telefax (301) 619-5034.

SUPPLEMENTARY INFORMATION: The present invention generally relates to 
wheelchairs. More specifically, the present invention relates to 
wheelchairs with adjustable frames.

Brenda S. Bowen,
Alternate Army Federal Register Liaison Officer.
[FR Doc. 04-21573 Filed 9-24-04; 8:45 am]
BILLING CODE 3710-08-M