alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Brenda DAVID, et al., Plaintiffs, Douglas S. McGlohon, Plaintiff-Appellant, v. CITY OF DALLAS, TEXAS, et al., Defendants, City of Dallas, Texas, Defendant-Appellee.

No. 04-10901.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

Douglas S. McGlohon, Ahoskie, NC, pro se.

Craig Lee Hopkins, Janice Smith Moss, Assistant City Attorney, Barbara Elaine Rosenberg, City Attorney’s Office for the City of Dallas, Dallas, TX, for DefendantAppellee.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Douglas S. McGlohon moves this court for leave to proceed in forma pauperis (IFP) on appeal following the denial of his Fed.R.Civ.P. 60(b) motion filed approximately eight years after the final judgment in this 42 U.S.C. § 1983 action. McGlohon’s motion is construed as a challenge to the district court’s determination that the appeal is not taken in good faith. *See Baugh v. Taylor,*117 F.3d 197, 202 (5th Cir.1997). This court’s inquiry into whether the appeal is taken in good faith “is limited to whether the appeal involves ‘legal points arguable on their merits (and *624therefore not frivolous).’ ” *Howard v. King,*707 F.2d 215, 220 (5th Cir.1983) (citation omitted). If the appeal is frivolous, this court may dismiss it sua sponte under 5th Cir. R. 42.2. *Baugh,*117 F.3d at 202 n. 24.

McGlohon has not shown that his appeal involves legal points arguable on their merits. *See Howard,*707 F.2d at 220. McGlohon has not shown that extraordinary circumstances warrant relief from the operation of the judgment. *See*Rule 60(b)(6). McGlohon also failed to provide a valid reason for the lateness of his May 2003 postjudgment challenge to the January 1995 judgment; he has not shown that he could not have learned earlier of the grounds relied upon or that the defendants would not be prejudiced. *See Travelers Ins. Co. v. Liljeberg Enters., Inc.,*38 F.3d 1404, 1410 (5th Cir.1994). The district court did not abuse its discretion by denying McGlohon’s Rule 60(b) motion filed eight years after the entry of the final judgment. *See McCorvey v. Hill,*385 F.3d 846, 848 (5th Cir.2004), *cert. denied,*543 U.S. 1154, 125 S.Ct. 1387, 161 L.Ed.2d 119 (2005).

McGlohon’s request for IFP status is denied, and his appeal is dismissed as frivolous. *See Baugh,*117 F.3d at 202 & n. 24; 5th Cir. R. 42.2. McGlohon is warned that filing future frivolous actions or appeals may result in the imposition of sanctions. *See Woodson v. Surgitek, Inc.,*57 F.3d 1406, 1417 (5th Cir.1995).

IFP MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION WARNING ISSUED.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
### §1772f. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 100–228, §8, Dec. 31, 1987, 101 Stat. 1561, which related to judicial review of provisions of this subchapter, was omitted from the Code as being of special and not general application.
#### § 3175.100 Electronic gas measurement (secondary and tertiary device).

Except as stated in this section, as prescribed in Table 1 to this section, or grandfathered under [§ 3175.61](/on/2024-09-06/title-43/section-3175.61), the standards and requirements in this section apply to all EGM systems used at FMPs (Note: The following table lists the standards in this subpart and the API standards that the operator must follow to install and maintain EGM systems. A requirement applies when a column is marked with an “x” or a number.).

[![](https://img.federalregister.gov/ER17NO16.062/ER17NO16.062_large.png)](https://img.federalregister.gov/ER17NO16.062/ER17NO16.062_original_size.png)
### §81b. Continuation of contracts with attorneys containing limitation of time where suits have been filed

Any existing valid contract made and approved prior to June 26, 1936, pursuant to any Act of Congress by any tribe, band, or group of Indians with an attorney or attorneys for the rendition of services in the prosecution of claims against the United States under authority of which suit or suits have been filed, and which contains a limitation of time for the completion of the services to be performed may be continued in full force unless a subsequent contract dealing with the same subject matter has been made and approved.

(June 26, 1936, ch. 851, §2, 49 Stat. 1984.)
#### Van Horn *vs.*Powers and others.

1. A statement in a deed that the grantee assumes the payment of a mortgage on the property, does not entitle the mortgagee in a suit for foreclosure of the mortgage to a decree for deficiency against such grantee, where the grantee was ignorant of the conveyance, never gave her consent to its being taken in her name, and never in any way accepted it.

2. ISTor, in such a case, can a decree for deficiency be made against the husband of the grantee, who caused the deed to be taken in the name of his wife for the purpose of securing the property from his creditors.

On final hearing, on pleadings and proofs.

*Mr. W. A. Lewis,*for complainant.

*Mr. E. J. Powers,*pro se.

The Chanceleor.

The suit is for the foreclosure and sale of mortgaged premises in Hudson county. The mortgage was given by Sarah A. Trussler and her husband to the complainant, and was upon the premises at the time when Mrs. Trussler and her husband conveyed the property to Mrs. Powers. The deed to Mrs. Powers contains the statement that she assumed the payment of certain mortgages on the premises, one of which was the complainant’s. The defence of usury set up in the answer of Powers and wife, is not sustained. The complain*258ant is entitled to a decree for the amount due on his mortgage, with a decree for deficiency against Edward J. Trussler, whose bond the mortgage was made to secure. He is entitled to no decree for deficiency against Mr. Powers; nor is he entitled to any against Mrs. Powers. It appears that she knew nothing of the transaction in which the conveyance was made to her. It was wholly her husband’s. Nor did she know of the existence of the deed. It is true she admits, by her answer, that the property was conveyed to her, but she never accepted the conveyance in any way. . The consideration was the money and property of her husband, and he took the deed in her name, without her consent or knowledge of his intention to do so, and for the purpose of screening the property from his creditors. It does not appear that she had then, or has now, any separate estate.
Exhibit 12
Statement Re: Computation of Ratio of Earnings to Fixed Charges(amounts in thousands, except ratios)                       Year Ended December 31,   2004  2003  2002  2001  2000 Pre-tax income from continuingoperations  $59,935  $51,926  $39,166  $45,205  $63,526                                      Fixed Charges:                    Interest expense  $9,589  $6,289  $1,885  $4,968  $1,140 Amortized premiums  —   91   61   61   61 Interest component of rental expense(1)  673   554   479   692   648                 Total Fixed Charges  $10,262  $6,934  $2,425  $5,721  $1,849                 Pre-tax income from continuingoperations plus fixed charges  $70,197  $58,860  $41,591  $50,926  $65,375                                      Ratio of Earnings to Fixed Charges   6.8x  8.5x  17.2x  8.9x  35.4x       Quarter Ended   April 2, 2005 Income before income taxes $15,246          Fixed Charges:    Interest expense $2,418 Interest component of rental expense (1)  170     Total Fixed Charges $2,588     Income before income taxes plus fixed charges $17,834          Ratio of Earnings to Fixed Charges  6.9x
The Company has adopted Statement of Financial Accounting Standards No. 142, “Goodwill andOther Intangible Assets,” effective with the year beginning January 1, 2002. If the Company hadadopted this accounting change beginning January 1, 2000, and had not amortized goodwill as underprior accounting policies, the ratio of earnings to fixed charges would have been 36.2x and 9.5xfor the years ended December 31, 2000 and 2001.
(1) Represents appropriate portion (1/3) of rental expense.
### §2215. Acquisition Fund

#### (a) In general

The Secretary shall establish an Acquisition Fund to—

(1) disburse appropriations authorized to accomplish the purposes of section 2212 of this title; and

(2) collect all revenues received from the lease, permit, or sale of resources from interests acquired under section 2212 of this title or paid by Indian landowners under section 2212 of this title.

#### (b) Deposits; use

#### (1) In general

All proceeds from leases, permits, or resource sales derived from an interest in trust or restricted lands described in subsection (a)(2) shall—

(A) be deposited in the Acquisition Fund;

(B) as specified in advance in appropriations Acts, be available for the purpose of acquiring additional fractional interests in trust or restricted lands; and

(C) be used to acquire undivided interests on the reservation from which the income was derived.

#### (2) Use of funds

The Secretary may use the revenue deposited in the Acquisition Fund under paragraph (1) to acquire some or all of the undivided interests in any parcels of land in accordance with section 2204 of this title.

(Pub. L. 97–459, title II, §216, as added Pub. L. 106–462, title I, §103(6), Nov. 7, 2000, 114 Stat. 2002; amended Pub. L. 108–374, §6(a)(8), Oct. 27, 2004, 118 Stat. 1802.)

#### **Editorial Notes**

#### Amendments

2004—Subsec. (a)(2). Pub. L. 108–374, §6(a)(8)(A), added par. (2) and struck out former par. (2) which read as follows: "collect all revenues received from the lease, permit, or sale of resources from interests in trust or restricted lands transferred to Indian tribes by the Secretary under section 2212 of this title or paid by Indian landowners under section 2212(c) of this title."

Subsec. (b)(1). Pub. L. 108–374, §6(a)(8)(B)(i), substituted "All" for "Subject to paragraph (2), all" in introductory provisions and added subpar. (C).

Subsec. (b)(2). Pub. L. 108–374, §6(a)(8)(B)(ii), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "With respect to the deposit of proceeds derived from an interest under paragraph (1), the aggregate amount deposited under that paragraph shall not exceed the purchase price of that interest under section 2212 of this title."
### §500g. Omitted

#### **Editorial Notes**

#### Codification

Section, act Sept. 1, 1937, ch. 897, §8, 50 Stat. 901; Pub. L. 99–514, title XVII, §1709(a), Oct. 22, 1986, 100 Stat. 2783, which empowered Secretary to distribute reindeer, property, and profits to natives, was omitted from the Code as being of special and not general application.
§ 3135.3 How do I apply for a suspension of operations and production? ( a ) You must submit to BLM an application stating the circumstances that are beyond your reasonable control that prevent you from operating or producing your lease(s).
( b ) Your suspension application must be signed by— ( 1 ) All record title holders of the lease; or
( 2 ) The operator on behalf of the record title holders of the leases committed to an approved agreement.
( c ) You must submit your application to BLM before your lease expires.
( d ) Your application must be for your entire lease.
[67 FR 17886, Apr. 11, 2002]
§ 18.400 Penalties. ( a ) Any person who makes an expenditure prohibited herein shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
( b ) Any person who fails to file or amend the disclosure form (see Appendix B to this part) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
( c ) A filing or amended filing on or after the date on which an administrative action for the imposition of a civil penalty is commenced does not prevent the imposition of such civil penalty for a failure occurring before that date. An administrative action is commenced with respect to a failure when an investigating official determines in writing to commence an investigation of an allegation of such failure.
( d ) In determining whether to impose a civil penalty, and the amount of any such penalty, by reason of a violation by any person, the agency shall consider the nature, circumstances, extent, and gravity of the violation, the effect on the ability of such person to continue in business, any prior violations by such person, the degree of culpability of such person, the ability of the person to pay the penalty, and such other matters as may be appropriate.
( e ) First offenders under paragraph (a) or (b) of this section shall be subject to a civil penalty of $10,000, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $10,000 and $100,000, as determined by the agency head or his or her designee.
( f ) An imposition of a civil penalty under this section does not prevent the United States from seeking any other remedy that may apply to the same conduct that is the basis for the imposition of such civil penalty.
EXHIBIT
      23





CONSENT
      OF INDEPENDENT AUDITORS





We
      hereby
      consent to the use of our report dated October 28, 2008, with respect to the
      consolidated financial statements of Hybrid Technologies Corp. for the fiscal
      years ended July 31, 2008 incorporated by reference in  the filing of the
      Registration Statement on Form S-8 and the Post-Effective Amendment to such
      Registration Statement of  Hybrid Technologies, Inc. for its  2006
      Restricted Stock Plan, filed with the Securities and Exchange Commission on
      March 23 and April 26, 2006, respectively.





/s/
                WIENER, GOODMAN & COMPANY, P.C.Weiner,
                Goodman & Company, P.C.





Dated:
      November 12, 2008
**EXHIBIT 32.2**

 

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 MEDTOX Scientific, Inc. (the “Company”) on Form 10-Q for the quarter ended September 30, 2007 as filed with the Securities and Exchange Commission (the “Report”), I, Kevin J. Wiersma, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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 results of operations of the Company.

                

| Dated:   October 30, 2007 | By:   /s/ Kevin J. Wiersma                |
|---------------------------|-------------------------------------------|
|                      | Kevin J. Wiersma

Chief Financial Officer |

 

 

 

 

36
### §715b. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 101–42, §4, June 28, 1989, 103 Stat. 92, which related to plan for economic development for the Tribe, was omitted from the Code as being of special and not general application.
Exhibit 99
                                   EXHIBIT A

                       DUE DILIGENCE TERMINATION NOTICE


State of  FLORIDA   )
                    )  SS.
County of  BROWARD  )


The undersigned, having been first duly sworn, does hereby affirm, depose and
state that Taurus Investment Group, Inc., as Purchaser under that certain
Agreement of Sale dated September 13, 1995, providing for the sale of property
located in Atlanta, Georgia and known as 101 Marietta Tower and Seller's
leasehold interest in the garage located at 79 Marietta Street, in Atlanta,
Georgia, and has terminated the Agreement pursuant to Paragraph 7.1 thereof.

The undersigned demands return of all earnest money deposited under the
Agreement pursuant to his right therein.

IN WITNESS WHEREOF, the undersigned has executed this Affidavit on this 12th
day of October, 1995.

Letter dated October 12, 1995,
requesting an extension            PURCHASER
of the Inspection Period
is attached hereto.                TAURUS INVESTMENT GROUP, INC.,
                                   a Florida Corporation

                                   By:  /S/ Steve Munson
                                   Print Name:  Steve E. Munson
                                   Title:  Sr. Vice President - Acquisitions

Subscribed and sworn to before
me, a Notary Public in and for     Letter Agreement dated October 13, 
said County and State.             1995, extending the expiration of 
                                   the Inspection Period to 12:00
                                   Noon on Monday, October 16, 1995,
/S/Linda G. Kassof                 is attached hereto.
   Notary Public

                                   Please wire-transfer the Earnest Money 
                                   Deposit in the amount of $250,000,
                                   pursuant to the wire instructions
                                   attached hereto.
<PAGE>
I 

114TH CONGRESS 

2D SESSION H. R. 4563 

To amend the Internal Revenue Code of 1986 to provide a credit for research 

related to the development of a vaccine for the Zika virus. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2016 

Mr. CLAWSON of Florida (for himself and Mr. MURPHY of Florida) introduced 

the following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

a credit for research related to the development of a 

vaccine for the Zika virus. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Zika Immunization 

5 Plan Act’’ or as the ‘‘ZIP Act’’. 

6 SEC. 2. RESEARCH CREDIT FOR DEVELOPMENT OF ZIKA 

7 VIRUS VACCINE. 

8 (a) IN GENERAL.—Section 41(a) of the Internal Rev9 enue Code of 1986 is amended by striking ‘‘and’’ at the 

10 end of paragraph (2), by striking the period at the end 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 4563 IH

1 of paragraph (3) and inserting ‘‘, and’’ and by adding at 

2 the end the following new paragraph: 

3 ‘‘(4) 10 percent of so much of the qualified re4 search expenses for the taxable year as relate to the 

5 development of a vaccine for the Zika virus which is 

6 intended for use in humans.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to taxable years ending after the 

9 date of the enactment of this Act. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
### §634. Omitted

#### **Editorial Notes**

#### Codification

Section, act Apr. 19, 1950, ch. 92, §4, 64 Stat. 45, which related to loans to Tribes or individual members, was omitted from the Code as being of special and not general application.
### §294. Sale of certain abandoned buildings on lands belonging to Indian tribes

The Secretary of the Interior is authorized to sell and convey at public sale, to the highest bidder, under such regulations and under such terms and conditions as he may prescribe, at not less than the appraised value thereof, any abandoned day or boarding school plant, or any abandoned agency buildings, situated on lands belonging to any Indian tribe and not longer needed for Indian or administrative purposes, and to sell therewith not to exceed one hundred and sixty acres of land on which such plant or buildings may stand. Title to all lands disposed of under the provisions of this section shall pass to the purchaser by deed or by patent in fee, with such reservations or conditions as the said Secretary may deem just and proper, no purchaser to acquire more than one hundred and sixty acres in any one tract: Provided, That the proceeds of all such sales shall be deposited in the Treasury of the United States to the credit of the Indians to whom said lands belong, to be disposed of in accordance with existing law.

(Feb. 14, 1920, ch. 75, §1, 41 Stat. 415.)
January 2024

STORAGE COMPUTED* FROM JUDGE CLEAR CR. RELEASE - C.F.S.

 1000 ACRE -FEET INFLOW FRANCIS NATURAL TO CLEAR CR. TO SPRING EVAPORATION PRECIP

DAY ELEV IN LAKE CHANGE C.F.S. CARR PP FLOW SPILL OUTLET

** CR. PP C. F. S. INCHES INCHES

219.4

1 1,202.88 218.8 -0.58 543 26 517 0 210 625 0 0.00 0.00

2 1,202.87 218.8 -0.03 702 26 676 0 210 503 4 0.04 0.09

3 1,202.17 216.7 -2.13 542 26 516 0 210 1,404 0 0.00 1.39

4 1,201.30 214.0 -2.63 405 27 378 0 203 1,527 0 0.00 0.00

5 1,200.72 212.3 -1.74 347 26 321 0 201 1,024 1 0.01 0.00

6 1,200.07 210.3 -1.95 396 27 369 0 207 1,170 0 0.00 0.00

7 1,199.68 209.2 -1.16 268 28 240 0 201 652 0 0.00 0.00

8 1,199.35 208.2 -0.98 312 27 285 0 201 602 3 0.04 0.24

9 1,198.98 207.1 -1.10 258 26 232 0 201 610 1 0.01 0.13

10 1,199.05 207.3 0.21 342 26 316 0 201 35 1 0.01 0.13

11 1,199.10 207.5 0.15 303 26 277 0 201 27 0 0.00 0.03

12 1,199.14 207.6 0.12 306 26 280 0 201 44 1 0.01 0.03

13 1,199.37 208.3 0.68 894 27 867 0 201 348 1 0.01 0.75

14 1,199.33 208.1 -0.12 614 28 586 0 201 473 0 0.00 0.00

15 1,199.09 207.4 -0.71 496 28 468 0 201 654 0 0.00 0.00

16 1,199.19 207.7 0.30 616 26 590 0 201 262 3 0.03 1.57

17 1,199.22 207.8 0.09 694 26 668 0 201 448 0 0.00 0.57

18 1,199.11 207.5 -0.33 640 26 614 0 201 603 0 0.00 0.04

19 1,198.56 205.9 -1.62 650 26 624 0 201 1,266 1 0.01 0.00

20 1,199.41 208.4 2.51 3,307 28 3,279 0 201 1,839 0 0.00 1.75

21 1,201.12 213.5 5.11 4,633 28 4,605 0 201 1,857 0 0.00 0.00

22 1,202.75 218.4 4.93 4,542 27 4,515 0 200 1,854 0 0.00 4.55

23 1,203.21 219.8 1.40 2,672 26 2,646 0 197 1,768 0 0.00 0.22

24 1,203.34 220.2 0.40 2,134 27 2,107 0 200 1,733 0 0.00 0.71

25 1,203.21 219.8 -0.40 1,732 26 1,706 0 200 1,733 0 0.00 0.17

26 1,202.86 218.8 -1.07 1,394 26 1,368 0 200 1,731 1 0.01 0.05

27 1,202.37 217.3 -1.49 1,174 27 1,147 0 200 1,724 1 0.01 0.10

28 1,201.81 215.6 -1.70 1,036 27 1,009 0 201 1,691 0 0.00 0.00

29 1,201.12 213.5 -2.08 873 27 846 0 201 1,720 2 0.02 0.11

30 1,200.39 211.3 -2.19 833 27 806 0 201 1,733 2 0.02 0.00

31 1,200.57 211.8 0.54 2,207 27 2,180 0 201 1,731 3 0.03 0.02

TOTALS -7.57 35,865 827 35,038 0 6,257 33,391 25 0.26 12.65

ACRE-FEET -7,570 71,138 1,640 69,498 0 12,411 66,231 50

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES, PUMPING AND EVAPORATION

** WATER TO CLEAR CREEK BEING DISCHARGED THROUGH 972.00-1110.00 ELEVATION OUTLET

Release (ACRE-FEET)

Power 66,231 Outlet 12,411

Spill 0

Total 78642

Precipitation

This month = 12.65

October 01, 2023 To date = 27.49

SUMMARY

Historical Archive and Report Database

Whiskeytown Lake Daily Operations

Run Date: 2/10/2024