alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 49.205 What are the requirements for approving a repository to receive a collection? ( a ) The bureaus may approve a repository if: ( 1 ) Repository has facilities and staff that provide curation as defined in this part;
( 2 ) Repository has a scope of collections statement or similar policy document that demonstrates the repository's willingness and ability to curate Federal paleontological resources;
( 3 ) Repository has access to paleontological and/or curatorial staff with adequate experience to successfully prepare and curate paleontological resource collections;
( 4 ) Repository's past and current performance meets applicable departmental standards; and
( 5 ) Repository will not release specific location data to the public except as consistent with § 49.25 or as provided in an agreement between the repository and the bureau.
( b ) Once a repository is approved to receive a collection, it will remain approved to curate the collection unless the Federal land manager, after consultation with the permittee and the repository, determines that one or more of the criteria in paragraph (a) of this section is not satisfied. The Federal land manager must refer to Departmental guidance to address this situation.
118 STAT. 3894 PUBLIC LAW 108–470—DEC. 21, 2004

LEGISLATIVE HISTORY—H.R. 4620 (S. 2866):

CONGRESSIONAL RECORD, Vol. 150 (2004):

Oct. 5, considered and passed House.

Dec. 7, considered and passed Senate.

Æ

Public Law 108–470

108th Congress

An Act

To confirm the authority of the Secretary of Agriculture to collect approved State

commodity assessments on behalf of the State from the proceeds of marketing

assistance loans.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CONFIRMATION OF AUTHORITY OF SECRETARY OF AGRICULTURE TO COLLECT STATE COMMODITY ASSESSMENTS.

(a) COLLECTION FROM MARKETING ASSISTANCE LOANS.—The

Secretary of Agriculture may collect commodity assessments from

the proceeds of a marketing assistance loan for a producer if the

assessment is required to be paid by the producer or the first

purchaser of a commodity pursuant to a State law or pursuant

to an authority administered by the Secretary. This collection

authority does not extend to a State tax or other revenue collection

activity by a State.

(b) COLLECTION PURSUANT TO AGREEMENT.—The collection of

an assessment under subsection (a) shall be made as specified

in an agreement between the Secretary of Agriculture and the

State requesting the collection.

Approved December 21, 2004.

7 USC 7416a.

Dec. 21, 2004

[H.R. 4620]
<PAGE>

                                                                    Exhibit 99.1

                            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 Quarterly Report of Neoware Systems, Inc. (the "Company") on
Form 10-Q for the quarter ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Michael
Kantrowitz, Chairman, President and Chief Executive 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.


Michael Kantrowitz
----------------------
Michael Kantrowitz
Chairman, President and Chief Executive Officer
May 15, 2003

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.


                                       26
**Exhibit 32(i)**

****

**CERTIFICATION**

******PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350**

In connect with the quarterly
report of Tayco Developments, Inc. (the "Company") on Form 10-QSB for the period
ended August 31, 2004 to be filed with Securities and Exchange Commission on or
about the date hereof (the "Report"), I, Douglas P. Taylor, Chief Executive
Officer of the Company, certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, 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 as of the dates and for the periods
covered by the Report.

It is not intended that this
statement be deemed to be filed for purposes of the Securities Exchange Act of
1934.



|Date: October 13, 2004 | By: | /s/ Douglas P. Taylor                    
|---------------------- | --- | -----------------------------------------
|                       |     | Douglas P. Taylor,Chief Executive Officer
11TH COURT OF APPEALS

EASTLAND, TEXAS

JUDGMENT

In the interest of J.W., a child, * From the 220th District Court

 of Comanche County,

 Trial Court No. FM08817.

No. 11-18-00100-CV * October 4, 2018

 * Per Curiam Memorandum Opinion

 (Panel consists of: Bailey, C.J.,

 Willson, J., and Wright, S.C.J.,

 sitting by assignment) 

 (Willson, J., not participating)

This court has inspected the record in this cause and concludes that there is 

no error in the order below. Therefore, in accordance with this court’s opinion, 

the order of the trial court is in all things affirmed.
(February 9, 1948.)

#### Harry Goldsmith, Respondent, v. Garbros, Inc., Appellant.

Motion for leave to appeal to the Appellate Division denied, with $10 costs. Present — Lewis, P. J., Johnston, Adel, Sneed and Wenzel, JJ.
#### § 4.1120 Presiding officers.

An administrative law judge in the Office of Hearings and Appeals shall preside over any hearing required by the act to be conducted pursuant to 5 U.S.C. 554 (1970).
#### Otis A. Williams v. Daniel B. Daughetee, appellee, C. F. Smith, appellant.

Filed June 30, 1904.

No. 13,507.

Action: Title to Land: Proof. In an action to try title to land against one in possession, when tile issues are substantially tbe same as in tbe ordinary action of ejectment, the plaintiff must recover, if at all, upon the strength of his own title, and not because of the weakness of that of his adversary.

Appeal from the district court for Antelope county: John F. Boyd, Judge.

*Affirmed.*

*Jackson & Williams,*for appellant.

*E. D. Kilbourne, contra.*

Ames, C.

TJbis action was begun by Williams against the unknown heirs and devisees of one Robert Howell, and Daughetee and Smith, to foreclose a tax lien. The record title was in Howell, and Daughetee was in possession claiming title. There was no resistance to the tax lien and a decree of foreclosure thereof was rendered as prayed, but issues were made up on a cross-petition and answer between Daughetee and Smith, the latter claiming to have acquired the title of Howell by an executor’s deed. The issues between the parties were thus substantially the same as they would have been in an action of ejectment, by Smith, as plaintiff!, to recover title and possession.

It is elementary that in such an action the plaintiff must recover, if at all, on the strength of his own title, and not because of the weakness of that of his adversary. Smith traced his title from the United States to one Henry Brown. Then follows a deed properly executed by Biown, but naming no grantee, and an instrument in the form of a deed to Smith, as grantee, executed by one Robert H. *271Morey, who describes himself as executor of the last will and testament of Robert Howell, late of Tioga county, New York, deceased; but there is no proof of the death of Howell, nor exemplification of a probate of his will either in New York or in Nebraska, and nothing therefore to establish that Smith has any title or interest in the land, and nothing entitling him to ask the court to inquire into the rightfulness of the possession of his adversary.

The district court rendered a judgment quieting title in Daughetee as against Smith, and the latter appealed. It is recommended that the judgment be affirmed.

Letton and Oldham, CC., concur.

By the Court:

For the reasons stated in the foregoing opinion, it is ordered that the judgment of the district court be

Affirmed.
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### §1463. Tax paid by recipient of income

If—

(1) any person, in violation of the provisions of this chapter, fails to deduct and withhold any tax under this chapter, and

(2) thereafter the tax against which such tax may be credited is paid,

the tax so required to be deducted and withheld shall not be collected from such person; but this section shall in no case relieve such person from liability for interest or any penalties or additions to the tax otherwise applicable in respect of such failure to deduct and withhold.

(Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 101–239, title VII, §7743(a), Dec. 19, 1989, 103 Stat. 2406; Pub. L. 104–188, title I, §1704(t)(9), Aug. 20, 1996, 110 Stat. 1887.)

#### **Editorial Notes**

#### Amendments

1996—Pub. L. 104–188 substituted "this section" for "this subsection".

1989—Pub. L. 101–239 amended section generally. Prior to amendment, section read as follows: "If any tax required under this chapter to be deducted and withheld is paid by the recipient of the income, it shall not be re-collected from the withholding agent; nor in cases in which the tax is so paid shall any penalty be imposed on or collected from the recipient of the income or the withholding agent for failure to return or pay the same, unless such failure was fraudulent and for the purpose of evading payment."

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

#### Effective Date of 1989 Amendment

Pub. L. 101–239, title VII, §7743(b), Dec. 19, 1989, 103 Stat. 2406, provided that: "The amendment made by subsection (a) [amending this section] shall apply to failures after December 31, 1989."
§ 8351.2-1 Special rules. ( a ) The authorized officer may issue written orders which close or restrict the use of the lands and water surface administered by the Bureau of Land Management within the boundary of any component of the National Wild and Scenic River System when necessary to carry out the intent of the Wild and Scenic Rivers Act. Each order shall: ( 1 ) Describe the lands, road, trail or waterway to which the order applies;
( 2 ) Specify the time during which the closure or restriction applies;
( 3 ) State each prohibition which is applied; and
( 4 ) Be posted in accordance with paragraph (d) of this section.
( b ) A written order may exempt any of the following persons from any of the prohibitions contained in the order: ( 1 ) Persons with written permission authorizing the otherwise prohibited act or omission. The authorized officer may include in any written permission such conditions considered necessary for the protection of a person, or the lands or water surface and resources or improvements located thereon.
( 2 ) Owners or lessees of property within the boundaries of the designated wild and scenic river area.
( 3 ) Residents within the boundaries of the designated wild and scenic river area.
( 4 ) Any Federal, State, or local government officer or member of an organized rescue or fire suppression force in the performance of an official duty.
( 5 ) Persons in a business, trade or occupation within the boundaries of the designated wild and scenic river area.
( c ) The violation of the terms or conditions of any written permission issued under paragraph (b)(1) of this section is prohibited.
( d ) Posting is accomplished by: ( 1 ) Placing a copy of an order in each local office having jurisdiction over the lands affected by the order; and
( 2 ) Displaying each order near and/or within the affected wild and scenic river area in such locations and manner as to reasonably bring the prohibitions contained in the order to the attention of the public.
( e ) When provided by a written order, the following are prohibited: ( 1 ) Going onto or being upon land or water surface;
( 2 ) Camping;
( 3 ) Hiking;
( 4 ) Building, maintaining, attending or using a fire;
( 5 ) Improper disposal of garbage, trash or human waste;
( 6 ) Disorderly conduct; and
( 7 ) Other acts that the authorized officer determines to be detrimental to the public lands or other values of a wild and scenic river area.
( f ) Any person convicted of violating any prohibition established in accordance with this section shall be punished by a fine of not to exceed $500 or by imprisonment for a period not to exceed 6 months, or both, and shall be adjudged to pay all costs of the proceedings.
(16 U.S.C. 1281(c), 16 U.S.C. 3)
[45 FR 51741, Aug. 4, 1980]
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 20-CIV-80745-RUIZ/REINHART

DAVID POSCHMANN, 

 

Plaintiff, 

v. 

 

SC LAKE PARK ASSOCIATES, LLLP 

 

 Defendant. 

__________________________________/ 

JOINT NOTICE OF SETTLEMENT

 The parties hereto, through counsel, inform the Court that this matter has been 

resolved. 

s/Drew M. Levitt

Drew M. Levitt, Esq. 

Florida Bar No. 782246 

drewmlevitt@gmail.com 

Lee D. Sarkin, Esq. 

Florida Bar No. 962848 

lsarkin@aol.com 

4700 N.W. Boca Raton Boulevard 

Suite 302 

Boca Raton, Florida 33431 

Telephone (561) 994-6922 

Attorneys for Plaintiff 

s/Mahra Sarofsky

Jeremy E. Slusher, Esq. 

Florida Bar No. 145769 

jes@slusherandrosenbaum.com 

Mahra Sarofsky, Esq. 

Florida Bar No. 33637 

mcs@slusherandrosenbaum.com 

SLUSHER & ROSENBAUM P.A. 

444 Railroad Avenue, Suite 470 

West Palm Beach, FL 33401 

Telephone (561) 814-2020 

Attorneys for Defendant 

Case 9:20-cv-80745-RAR Document 16 Entered on FLSD Docket 06/19/2020 Page 1 of 1
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 18-1570V

Filed: October 21, 2019

UNPUBLISHED

KATHLEEN BARTHOLOMEW,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU);

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Shoulder Injury Related to Vaccine 

Administration (SIRVA)

Ronald Craig Homer, Conway, Homer, P.C., Boston, MA, for petitioner.

Traci R. Patton, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Corcoran, Chief Special Master:

On October 10, 2018, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the 

“Vaccine Act”). Petitioner alleges that she suffered a left shoulder injury related to 

vaccine administration (“SIRVA”) as a result of an influenza vaccination administered on 

October 3, 2016. Petition at 1. The case was assigned to the Special Processing Unit 

of the Office of Special Masters.

 

1

I intend to post this decision on the United States Court of Federal Claims' website. This means the 

decision will be available to anyone with access to the internet. In accordance with Vaccine Rule 

18(b), petitioner has 14 days to identify and move to redact medical or other information, the disclosure of 

which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified 

material fits within this definition, I will redact such material from public access. Because this unpublished 

decision contains a reasoned explanation for the action in this case, I am required to post it on the United 

States Court of Federal Claims' website in accordance with the E-Government Act of 2002. 44 U.S.C. § 

3501 note (2012) (Federal Management and Promotion of Electronic Government Services).

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
2

On October 21, 2019, respondent filed his Rule 4(c) report in which he concedes

that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report

at 1. Specifically, respondent “concluded that petitioner’s alleged injury is consistent 

with SIRVA, as defined on the Vaccine Injury Table.” Id. at 4. Respondent further 

agrees that “petitioner had no history of pain, inflammation or dysfunction in her left 

shoulder prior to her October 2016 flu vaccination; her pain and reduced range of 

motion occurred within 48 hours of receipt of an intramuscular vaccination; her 

symptoms were limited to the shoulder in which the vaccine was administered; and no 

other condition or abnormality was identified to explain her symptoms”. Id.

In view of respondent’s position and the evidence of record, I find that 

petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
### §4241. Government Accountability Office audits

To the extent that the financial transactions of the Department of Hawaiian Home Lands involving grant amounts under this subchapter relate to amounts provided under this subchapter, those transactions may be audited by the Comptroller General of the United States under such regulations as may be prescribed by the Comptroller General. The Comptroller General of the United States shall have access to all books, accounts, records, reports, files, and other papers, things, or property belonging to or in use by the Department of Hawaiian Home Lands pertaining to such financial transactions and necessary to facilitate the audit.

(Pub. L. 104–330, title VIII, §822, as added Pub. L. 106–568, title II, §203, Dec. 27, 2000, 114 Stat. 2895, and Pub. L. 106–569, title V, §513, Dec. 27, 2000, 114 Stat. 2989; amended Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)

#### **Editorial Notes**

#### Codification

Pub. L. 106–568, §203, and Pub. L. 106–569, §513, enacted identical sections 822 of Pub. L. 104–330. This section is based on the text of section 822 of Pub. L. 104–330, as added by Pub. L. 106–569, §513.

#### Amendments

2004—Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in section catchline.
§ 7.18 Confidentiality of archaeological resource information. ( a ) The Federal land manager shall not make available to the public, under subchapter II of chapter 5 of title 5 of the United States Code or any other provision of law, information concerning the nature and location of any archaeological resource, with the following exceptions: ( 1 ) The Federal land manager may make information available, provided that the disclosure will further the purposes of the Act and this part, or the Act of June 27, 1960, as amended (16 U.S.C. 469 through 469c), without risking harm to the archaeological resource or to the site in which it is located.
( 2 ) The Federal land manager shall make information available, when the Governor of any State has submitted to the Federal land manager a written request for information, concerning the archaeological resources within the requesting Governor's State, provided that the request includes: ( i ) The specific archaeological resource or area about which information is sought;
( ii ) The purpose for which the information is sought; and
( iii ) The Governor's written commitment to adequately protect the confidentiality of the information.
( b ) [Reserved]
[49 FR 1027, Jan. 6, 1984; 49 FR 5923, Feb. 16, 1984]
(No. 906

Claimant awarded $28.00.)

#### G. H. Schanbacher and H. A. Schanbacher, Partners, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed May 1, 1925.*

*Services*— when *State liable.*Where services have been performed for the State at the request, of its authorized department, and the work is approved and accepted by the State, claimant is entitled to an award for the services performed.

Barber and Barber, for claimant.

Oscar E. Carlstrom, Attorney General ; George C. Dixon, Assistant Attorney General, for respondent.

Mr. Justice Phillips

delivered the opinion of the court:

The claimants, G. H. Schanbacher and Son, claim that they did services for the State at its request, to-wit: Painting the canvas pedestals of the statues of Tates and Palmer on the Capitol grounds.

The work and material are shown to be worth $28.00. The work was approved and accepted by the defendant through its supervising architect of the Department of Public Works and Buildings.

No available funds could be found with which to pay the bill and the claim being filed in this court the Attorney General consents in writing, to its allowance.

The court awards the claimant the sum of $28.00.
### [§2210. Repealed. Pub. L. 111–312, title III, §301(a), Dec. 17, 2010, 124 Stat. 3300]

Section, added Pub. L. 107–16, title V, §501(a), June 7, 2001, 115 Stat. 69, related to termination of applicability of chapter to estates of decedents dying after Dec. 31, 2009.

#### **Editorial Notes**

#### Prior Provisions

A prior section 2210, added Pub. L. 98–369, div. A, title V, §544(a), July 18, 1984, 98 Stat. 892; amended Pub. L. 99–514, title XVIII, §§1854(d)(1)(A), (2)–(6), 1899A(37), Oct. 22, 1986, 100 Stat. 2879, 2880, 2960, related to liability for payment in case of transfer of employer securities to an employee stock ownership plan or a worker-owned cooperative, prior to repeal by Pub. L. 101–239, title VII, §7304(b)(1), (3), Dec. 19, 1989, 103 Stat. 2353, applicable to estates of decedents dying after July 12, 1989.

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

#### Effective Date of Repeal

Repeal of section applicable to estates of decedents dying, and transfers made after Dec. 31, 2009, except as otherwise provided, see section 301(e) of Pub. L. 111–312, set out as an Effective and Termination Dates of 2010 Amendment note under section 121 of this title.
#### § 3823.0-5 Definition.

As used in this subpart the term *National Forest Wilderness* means an area or part of an area of National Forest lands designated by the Wilderness Act as a wilderness area within the National Wilderness Preservation System.
CERTIFICATION PURSUANT TO
                 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     The undersigned  hereby  certifies,  in accordance  with 18 U.S.C.  Section
1350, as adopted pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, in
his capacity as an officer of Emmis Communications  Corporation (the "Company"),
that, to his knowledge:

          (1) the Annual Report of the Company on Form 10-K for the period ended
     February 28, 2003, 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 such report fairly presents,  in all
     material respects, the financial condition and results of operations of the
     Company.

Dated:  May 9, 2003


                                         /s/ JEFFREY H. SMULYAN
                                         Jeffrey H. Smulyan
                                         Chairman of the Board, President and
                                         Chief Executive Officer


A signed  original of this  written  statement  required by Section 906 has been
provided  to Emmis  Communications  Corporation  and will be  retained  by Emmis
Communications   Corporation  and  furnished  to  the  Securities  and  Exchange
Commission or its staff upon request.