alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 4.1033 Under what circumstances will the ALJ authorize a party to depose a witness to preserve testimony? ( a ) *General.* A party may depose a witness to preserve testimony only if the ALJ determines that the party has met the criteria set forth in paragraph (b) of this section and authorizes the deposition in a written order or during a prehearing conference. Authorization of depositions for discovery purposes is governed by § 4.1031.
( b ) *Criteria.* ( 1 ) The ALJ may authorize a deposition to preserve testimony only if the party shows that the witness: ( i ) Will be unable to attend the hearing because of age, illness, or other incapacity; or
( ii ) Is unwilling to attend the hearing voluntarily, and the party is unable to compel the witness's attendance at the hearing by subpoena.
( 2 ) Paragraph (b)(1)(ii) of this section does not apply to any person employed by or under contract with the party seeking the deposition.
( 3 ) A party may depose a senior Department employee of OFA only if the party shows: ( i ) That the employee's testimony is necessary in order to provide significant, unprivileged information that is not available from any other source or by less burdensome means; and
( ii ) That the deposition would not significantly interfere with the employee's ability to perform his or her official duties.
( c ) *Motion and notice.* A party seeking the ALJ's authorization to take a deposition to preserve testimony must file a motion which explains how the criteria in paragraph (b) of this section have been met and states: ( 1 ) The time and place that the deposition is to be taken;
( 2 ) The name and address of the person before whom the deposition is to be taken;
( 3 ) The name and address of the witness whose deposition is to be taken; and
( 4 ) Any documents or materials that the witness is to produce.
### Subpart C—Refundable Credits

Sec.
31.
Tax withheld on wages.
32.
Earned income.
33.
Tax withheld at source on nonresident aliens and foreign corporations.
34.
Certain uses of gasoline and special fuels.
35.
Health insurance costs of eligible individuals.
36.
First-time homebuyer credit.
[36A.
Repealed.]
36B.
Refundable credit for coverage under a qualified health plan.
[36C.
Renumbered.]
37.
Overpayments of tax.

#### **Editorial Notes**

#### Amendments

**2014**—Pub. L. 113–295, div. A, title II, §221(a)(5)(A), Dec. 19, 2014, 128 Stat. 4037, struck out item 36A "Making work pay credit".

**2010**—Pub. L. 111–148, title X, §10909(b)(2)(Q), (c), Mar. 23, 2010, 124 Stat. 1023, as amended by Pub. L. 111–312, title I, §101(b)(1), Dec. 17, 2010, 124 Stat. 3298, temporarily added item 36C "Adoption expenses". See Effective and Termination Dates of 2010 Amendment note set out under section 1 of this title.

Pub. L. 111–148, title I, §1401(d)(2), Mar. 23, 2010, 124 Stat. 220, added item 36B.

**2009**—Pub. L. 111–5, div. B, title I, §1001(e)(3), Feb. 17, 2009, 123 Stat. 312, added item 36A.

**2008**—Pub. L. 110–289, div. C, title I, §3011(b)(4), July 30, 2008, 122 Stat. 2891, added item 36 and redesignated former item 36 as 37.

**2002**—Pub. L. 107–210, div. A, title II, §201(c)(2), Aug. 6, 2002, 116 Stat. 960, which directed amendment of the table of sections for subpart C of part IV of this chapter by adding items 35 and 36 and striking out the last item, was executed to the table of sections for this subpart which is in part IV of subchapter A of this chapter by adding those items and striking out former item 35 "Overpayments of tax" to reflect the probable intent of Congress.

**1984**—Pub. L. 98–369, div. A, title IV, §471(b), July 18, 1984, 98 Stat. 826, added subpart C heading and analysis of sections for subpart C consisting of items 31, 32 (formerly 43), 33 (formerly 32), 34 (formerly 39), and 35 (formerly 45). Former subpart C, setting out the rules for computing credit for expenses of work incentive programs, was repealed.
IN THE SUPREME COURT OF ALABAMA

May 17, 2024

SC-2024-0236

Ex parte Ernest Lee Jackson PETITION FOR WRIT OF CERTIORARI 

TO THE COURT OF CRIMINAL APPEALS (In re: Ernest Lee Jackson 

v. State of Alabama) (Mobile Circuit Court: CC-19-329.71, CC-19-332.71, 

and CC-19-389.70; Criminal Appeals: CR-2023-0795).

CERTIFICATE OF JUDGMENT

WHEREAS, the petition for writ of certiorari in the above 

referenced cause has been duly submitted and considered by the 

Supreme Court of Alabama and the judgment indicated below was 

entered in this cause on May 17, 2024:

Writ Denied. No Opinion. Wise, J. -- Parker, C.J., and Sellers, 

Stewart, and Cook, JJ., concur.

NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS 

HEREBY ORDERED that this Court's judgment in this cause is certified 

on this date. IT IS FURTHER ORDERED that, unless otherwise ordered 

by this Court or agreed upon by the parties, the costs of this cause are 

hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Megan B. Rhodebeck, certify that this is the record of the judgment of the Court, witness 

my hand and seal.

Clerk, Supreme Court of Alabama
Electrical Conductivity, UMHOS

Day High Low Mean

1 167 117 133

2 165 119 136

3 176 118 132

4 165 114 135

5 148 117 129

6 146 114 126

7 179 112 128

8 146 114 127

9 144 110 130

10 151 110 128

11 136 108 123

12 154 108 128

13 154 113 129

14 0 0 0

15 0 0 0

16 0 0 0

17 0 0 0

18 0 0 0

19 0 0 0

20 0 0 0

21 0 0 0

22 0 0 0

23 142 113 128

24 132 107 120

25 138 118 123

26 136 108 119

27 125 104 114

28 114 104 109

29 129 102 112

30 123 101 112

31 120 100 108

COMMENT(S):

0 reading indicates that the station was out of service.

Historical Archive and Report Database

Victoria Canal On The Middle River

Period: May 2023 Run Date: 6/12/2023
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-10228

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ARTURO ZUAREZ-MALDONADO,

Defendant-Appellant

Appeals from the United States District Court

for the Northern District of Texas

USDC No. 5:15-CR-72-1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. 

PER CURIAM:*

Appealing the judgment in a criminal case, Arturo Zuarez-Maldonado

raises an argument that is foreclosed by Almendarez-Torres v. United States, 

523 U.S. 224, 228, 235 (1998), which held that convictions used to enhance a 

sentence under 8 U.S.C. § 1326(b)(2) need not be set forth in the indictment. 

Accordingly, the motion for summary affirmance is GRANTED, the alternative 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

October 18, 2016

Lyle W. Cayce

Clerk

 Case: 16-10228 Document: 00513723107 Page: 1 Date Filed: 10/18/2016
No. 16-10228

2

motion for an extension of time to file a brief is DENIED, and the judgment of 

the district court is AFFIRMED.

 Case: 16-10228 Document: 00513723107 Page: 2 Date Filed: 10/18/2016
#### § 3927.10 Lease form.

Leases are issued on a BLM approved standard form. The BLM may modify those provisions of the standard form that are not required by statute or regulations and may add such additional stipulations and conditions, as appropriate, with notice to bidders in the notice of sale.
OSWER/OSRTI

Washington, DC 20460

NATIONAL PRIORITIES LIST (NPL) 

***Proposed Site*** December 2013 

PCE SOUTHEAST CONTAMINATION York, Nebraska 

York County 

 Site Location:

The PCE Southeast Contamination site includes the central and southeastern portions of the city of York, Nebraska, which 

is an industrial/urban residential area, and the rural residential area just outside of the southeastern portion of city limits.

 Site History:

Preliminary Assessment and Site Inspection activities have been conducted at the site. The PCE Southeast Contamination 

site is a ground water plume. The site is composed of documented releases of hazardoussubstances, mainly volatile organic 

compounds (VOCs), into soils and ground water. There are many possible sources resulting from various operations such 

as dry cleaners, metal degreasing operations and grain storage facilities. To date, one municipal water supply well has been 

impacted and taken off line due to contamination. The plume has also impacted 3 private residential water supply wells, 

which have required alternate water.

 Site Contamination/Contaminants:

The ground water plume is comprised of chlorinated solvents, including but not limited to: tetrachloroethene (PCE), 

trichloroethene (TCE), and degradation products. 

 Potential Impacts on Surrounding Community/Environment: 

The ground water plume extends approximately 2.0 miles. There are several private water supply wells and irrigation wells 

in danger of becoming contaminated because they are located down-gradient of the ground water plume. Ground water is a 

precious natural resource that the State of Nebraska wants protected.

 Response Activities (to date):

There is an ongoing removal action at PCE Southeast Contamination site to provide alternate water to impacted residences. 

To date, the EPA has provided alternate water to three residences at the request of the state of Nebraska. 

 Need for NPL Listing:

The state of Nebraska referred the site to the EPA because the site requires short-term and long-term response actions and 

listing will allow for a proper and timely investigation of the nature and extent of contamination and remediation of the site. 

Other federal and state cleanup programs were evaluated, but are not viable options at this time. The EPA received a letter 

of support for placing this site on the NPL from the state.

[The description of the site (release) is based on information available at the time the site was evaluated with the HRS. The description may change 

as additional information is gathered on the sources and extent of contamination. See 56 FR 5600, February 11, 1991, or subsequent FR notices.]

For more information about the hazardous substances identified in this narrative summary, including general information regarding the effects of exposure to these 

substances on human health, please see the Agency for Toxic Substances and Disease Registry (ATSDR) ToxFAQs. ATSDR ToxFAQs can be found on the Internet 

at http://www.atsdr.csc.gov/toxfaqs/index.asp or by telephone at 1-888-42-ATSDR or 1-888-422-8737.
§ 34.7 Incorporation by operation of law. ( a ) The Equal Opportunity Clause shall be deemed incorporated into every Federal authorization, agreement to assign an authorization, contract and subcontract where § 34.6(e) of these regulations requires the inclusion of such a clause whether or not the clause is physically incorporated in such Federal authorization, agreement to assign authorization, contract or subcontract, and whether or not the agreement or contract is written.
( b ) The affirmative action plans prepared pursuant to this part shall be deemed incorporated into the Federal authorizations, contracts, and subcontracts to which these regulations apply.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

DEEPAK KAINTH,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-73064

Agency No. A089-684-245

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submission Deferred February 12, 2015

Submitted December 23, 2015** 

San Francisco California

Before: TASHIMA, McKEOWN, and CLIFTON, Circuit Judges.

Deepak Kainth, a native and citizen of India, petitions for review of the

BIA’s dismissal of his appeal from the immigration judge’s entry of an order

denying his application for asylum, withholding of removal, and protection under

the Convention Against Torture. We deny the petition for review. 

FILED

DEC 28 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * 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).
Substantial evidence supports the adverse credibility determination. The

inconsistencies identified by the IJ and BIA are not so trivial as to make them

immaterial for purposes of assessing credibility. “[E]ven minor inconsistencies that

have a bearing on a petitioner’s veracity may constitute the basis for an adverse

credibility determination.” Ren v. Holder, 648 F.3d 1079, 1089 (9th Cir. 2011).

Although Kainth has offered various explanations for these inconsistencies, the IJ

and the BIA are not required to credit these explanations. Zamanov v. Holder, 649

F.3d 969, 974 (9th Cir. 2011). The adverse credibility determination was

reasonable, and Kainth’s contention that the IJ and BIA did not properly consider

the totality of the circumstances lacks merit. 

The determination that Kainth’s proffered corroborative evidence was

unreliable was also supported by substantial evidence. We uphold the BIA’s

determination unless the record “compels a contrary result.” Almaghzar v.

Gonzales, 457 F.3d 915, 922 (9th Cir. 2006). Here, it does not.

In the absence of credible evidence, the asylum and withholding of removal

claims fail. Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). The CAT

claim, which is based on the same testimony, also fails. Id. at 1156–57.

Petition DENIED.

2
### **Subchapter B—Tax on Employers**

Sec.
3111.
Rate of tax.
3112.
Instrumentalities of the United States.
[3113.
Repealed.]

#### **Editorial Notes**

#### Amendments

**1976**—Pub. L. 94–455, title XIX, §1903(b), Oct. 4, 1976, 90 Stat. 1810, struck out item 3113 "District of Columbia credit unions".

**1956**—Act Aug. 1, 1956, ch. 836, title II, §201(a)(2), 70 Stat. 839, added item 3113.
II 

117TH CONGRESS 

2D SESSION S. 4790 

To increase funding for the Patient Navigator Research Program of the 

National Cancer Institute. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 6, 2022 

Mr. KENNEDY introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To increase funding for the Patient Navigator Research 

Program of the National Cancer Institute. 

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 ‘‘Patient Navigator En5 hancement Act’’. 

6 SEC. 2. FUNDING FOR THE PATIENT NAVIGATOR RE7 SEARCH PROGRAM OF THE NATIONAL CAN8 CER INSTITUTE. 

9 (a) IN GENERAL.—The Secretary of Health and 

10 Human Services (referred to in this section as the ‘‘SecVerDate Sep 11 2014 01:49 Sep 07, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4790.IS S4790

kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4790 IS

1 retary’’) shall use amounts allocated under subsection (b) 

2 for purposes of carrying out the Patient Navigator Re3 search Program of the National Cancer Institute. 

4 (b) ALLOCATION OF AMOUNTS.—Notwithstanding 

5 any other provision of law, out of any unobligated amounts 

6 returned by or recouped from recipients of past distribu7 tions from the Provider Relief Fund, the Secretary shall 

8 allocate such amounts as the Secretary determines appro9 priate for purposes of carrying out subsection (a). 

10 (c) PROVIDER RELIEF FUND.—In this section, the 

11 term ‘‘Provider Relief Fund’’ means the funding appro12 priated to prevent, prepare for, and respond to 

13 coronavirus, domestically or internationally, for necessary 

14 expenses to reimburse, through grants or other mecha15 nisms, eligible health care providers for health care related 

16 expenses or lost revenue attributable to coronavirus for 

17 which appropriations are made under— 

18 (1) the third paragraph under the heading ‘‘De19 partment of Health and Human Services—Office of 

20 the Secretary—Public Health and Social Services 

21 Emergency Fund’’ in division B of the CARES Act 

22 (Public Law 116–136); 

23 (2) the first paragraph under the heading ‘‘De24 partment of Health and Human Services—Office of 

25 the Secretary—Public Health and Social Services 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4790 IS

1 Emergency Fund’’ in division B of the Paycheck 

2 Protection Program and Health Care Enhancement 

3 Act (Public Law 116–139); and 

4 (3) the fourth paragraph under the heading 

5 ‘‘Department of Health and Human Services—Of6 fice of the Secretary—Public Health and Social 

7 Services Emergency Fund’’ in title III of division H 

8 of the Consolidated Appropriations Act, 2021 (Pub9 lic Law 116–260). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
§ 3715.9-1 Does an appeal to IBLA suspend a BLM decision? ( a ) An appeal to IBLA does not suspend an order requiring an immediate, temporary suspension of occupancy issued under § 3715.7-1(a) before the appeal or while it is pending. In this case, the provisions of 43 CFR 4.21(a) do not apply.
( b ) The provisions of 43 CFR 4.21(a) apply to all other BLM decisions, orders or determinations under this subpart.
SSUUTTTTEE RR CC OO

T15N R2E

T14N R2E

29

32

30

31

28

33

20

5

19 21

6 4

16.9 N

Contract No. 7-07-20-W0002-R-1

Exhibit B

Jaeger, William L. and Patricia A.

725-202-76

Note: The Public Land Survey depicted here

was digitized from USGS topographic maps.

0 0.5 1

Miles

Date: November 9, 2004

File Name: N:\districts\contracts\jaeger_william_l_and_patricia_a\jaeger_william_l_and_patricia_a.mxd

Contractor's Service Area

Point of Diversion
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency 

          - [FEMA-1561-DR] 

# AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. 

# ACTION:

Notice. 

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Florida (FEMA-1561-DR), dated September 26, 2004, and related determinations. 

# EFFECTIVE DATE:

September 27, 2004. 

# FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705. 

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Florida is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of September 26, 2004:

Marion County for Individual Assistance (already designated for Public Assistance Categories A and B, including direct Federal assistance, at 100 percent of the total eligible costs for a period of up to 72 hours.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050 Individuals and Households Program—Other Needs, 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

Michael D. Brown, 

Under Secretary, Emergency Preparedness and Response, Department of Homeland Security. 

[FR Doc. 04-22322 Filed 10-4-04; 8:45 am] 

BILLING CODE 9110-10-P
Exhibit 99(d)
                          PRESS RELEASE


FOR IMMEDIATE RELEASE
THURSDAY
JULY 24, 1997

CONTACT PERSON:         STACY DUCKETT, VICE PRESIDENT
                        TCBY ENTERPRISES, INC.
                        CORPORATE COMMUNICATIONS
                        (501) 688-8229

                        GUY McNEIL, DIRECTOR OF 
                        FAST FOOD MARKETING
                        TRAVELCENTERS OF AMERICA, INC.
                        (216) 808-3068





                TCBY SIGNS DEVELOPMENT AGREEMENT
               WITH TRAVELCENTERS OF AMERICA, INC.


LITTLE  ROCK,  AR  -          Thursday  (July  24,  1997)   -  TCBY
ENTERPRISES, INC. (NYSE:TBY) today announced it has signed a
 development agreement with  TravelCenters of America,  Inc.
("TA").      Under   terms   of   the   agreement,    "TCBY"
Treats(Registered) locations  may be  located in  TA  travel
centers.     There  are   currently  six   locations   under
development around the country.  There are approximately 125
TA locations across the United States.

"TCBY is proud to be working with TA to develop  locations,"
said Herren C. Hickingbotham, President of TCBY Enterprises,
Inc.  "Convenience store development is a strong growth area
for us.  TA will  certainly make a positive contribution  to
that growth."

"We are  very excited  to be  working with  TCBY," said  Guy
McNeil, Director of Fast Food  Marketing.  "TA realized  the
benefits of developing locations  with branded concepts.   A
TCBY Treats  location  is  the  perfect  complement  to  our
operations."

TravelCenters  of  America,   Inc.,  with  headquarters   in
Westlake, Ohio, is the largest centrally-operated network of
travel centers  in  the country  serving  highway  travelers
coast to coast.

TCBY  Enterprises,  Inc.,   through  subsidiary   companies,
manufactures and sells  soft serve  frozen yogurt,  hardpack
frozen  yogurt,  hardpack  ice  cream,  and  frozen  novelty
products, and markets foodservice equipment.  The Company is
the  world's  largest   manufacturer-franchisor  of  frozen
yogurt.    The   Company,  through  subsidiaries,   develops
locations and  products  under  the  "TCBY"(Registered)  and
Juice Works(Registered) brands.

                               -30-
#### Anna Yunk, Respondent, v. Crosstown Street Railway Company of Buffalo, Appellant.

Order .reversed, with costs, and verdict of jury reinstated. All concurred.