alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mathias Benner, Defendant in Error, v. City of Chicago et al., Plaintiffs in Error.

Gen. No. 17,838.

1. *Mandamus—firemen’s pension fund.*A petition to compel the board of trustees of a firemen’s pension fund to enroll petitioner as a beneficiary, which fails to aver facts showing that the board *318exceeded or abused its powers, or improperly refused his application, is insufficient.

2. *Pensions—"board of trustees.*Whether a fireman is entitled to become a beneficiary of a pension fund is to be decided by the hoard of trustees and not by courts.

Error to the Circuit Court of Cook county; the Hon. John Gibbons, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Reversed and remanded with directions.

Opinion filed January 14, 1913.

Rehearing denied January 28, 1913.

William H. Sexton, for plaintiffs in error; Joseph F. Grossman, of counsel.

William A. Doyle, for defendant in error; Joseph J. Thompson, of counsel.

Mr. Justice Barnes

delivered the opinion of the court.

Defendant in error, Benner, filed a petition for mandamus May 25, 1908, to compel the board of trustees of the firemen’s pension fund of the City of Chicago forthwith to enroll his name as one of the beneficiaries thereof, and to order payment to him out of said fund from the date of entry of the order of a pension of $1,800 per annum so long as he shall live. Respondents (plaintiffs in error) elected to stand by their general demurrer to said petition, and error is assigned to the order overruling said demurrer and granting the writ prayed for.

The petition is the same in form and substance as that in the C alder case *ante,*p. 313, and the judgment must be reversed for the reasons therein stated. It is enough to say, regardless of whether or not said Benner was as a matter of fact entitled to such pension, that that was a matter to be decided by the board of trustees, and not by the trial court in a mandamus proceeding. Eddy v. People, 218 Ill. 611; Hurd’s R. S. (Ed. 1911), chap. 24, par. 405.

There is no averment in the petition that the board exceeded or abused its powers in refusing Benner’s *319application, or any statement of facts that would support such an averment. The only averment in the petition as to the nature and contents of the application is that it showed “that at the time of his retirement his salary was $3,600 per annum, and that he was entitled to a pension of $1,800 per annum.” "What was before the board for its action in refusing the application is not made to appear. For aught that appears, the board not only did not exceed or abuse its powers, but properly refused the application. The demurrer should have 'been sustained.

The judgment will, therefore, be reversed and the cause remanded with directions to sustain the demurrer.

*Reversed and remande$ with directions.*
EXHIBIT 4

Case 1:20-cv-22578-MGC Document 1-7 Entered on FLSD Docket 06/22/2020 Page 1 of 2
Case 1:20-cv-22578-MGC Document 1-7 Entered on FLSD Docket 06/22/2020 Page 2 of 2
Skip to global NPS navigation
Skip to this park navigation
Skip to the main content
Skip to this park information section
Skip to the footer section






National Park Service Search Search
This Site
All NPS
 Open
Menu
Close
Menu
Explore This Park
Explore the National Park Service


Exiting nps.gov
  Cancel


Theodore Roosevelt Inaugural
National Historic Site
New York


Info
Alerts
Maps
Calendar
Fees


Alerts In Effect Dismiss
 more information on current conditions...
 Dismiss View all alerts


Contact Us
  Maps
 Click here for local street map.
 Last updated: March 10, 2016
 Park footer Contact Info Mailing Address: Theodore Roosevelt Inaugural Site
641 Delaware Avenue
Buffalo,
NY
14202
 Phone: 716 884-0095 Contact Us
 Tools FAQ
Site Index
Español
 Stay Connected


This Site
All NPS 
  National Park Service U.S. Department of the Interior
 Accessibility
Privacy Policy
FOIA
Notices
Contact The National Park Service NPS FAQ
No Fear Act
Disclaimer
Vulnerability Disclosure Policy
USA.gov Facebook
Youtube
Twitter
Instagram
Flickr
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 1:20-cv-22427-MGC

UNITED STATES OF AMERICA,

Plaintiff,

vs.

REAL PROPERTY LOCATED AT

900 BISCAYNE BLVD UNIT #6107,

MIAMI, FLORIDA 33132,

Defendant In Rem.

/

FINAL JUDGMENT OF FORFEITURE

Pursuant to Federal Rule of Civil Procedure 54 and 58, and in accordance with the 

Stipulation and Settlement Agreement entered into by the United States of America and 

Nathalie Bumba-Pembe (“Claimant”), as approved by this Court, ECF No. 29, and the Court 

having reviewed the record in this case and for good cause shown:

It is hereby ORDERED and ADJUDGED that the United States’ Motion, ECF No. 

30, is GRANTED. 

It is further ORDERED and ADJUDGED that $250,000.00 of the Net Proceeds from 

the sale of 900 Biscayne Boulevard #6107, Miami, Florida (the “Defendant Property”) shall 

be returned to Claimant in accordance with the Stipulation and Settlement Agreement. 

It is further ORDERED and ADJUDGED that judgment is entered in favor of the 

United States to forfeit the remainder of the Net Proceeds, to include any refund of the 

FIRPTA tax withheld as part of the sale of the Defendant Property, and currently held by the 

IRS, that would otherwise be due to Claimant (the “Settlement Funds”). All right, title and 

Case 1:20-cv-22427-MGC Document 33 Entered on FLSD Docket 03/07/2022 Page 1 of 2
2

interest in the Settlement Funds is forfeited to the United States for disposition according to 

law. 

It is further ORDERED and ADJUDGED that all other potential claimants are held 

in default. 

It is further ORDERED and ADJUGED that the Court retains jurisdiction to enter 

any further orders necessary to effectuate this Judgment, particularly as may be required to 

facilitate the transfer of funds currently held by IRS under FIRPTA.

DONE AND ORDERED at Miami, Florida, this 7th day of March 2022.

Case 1:20-cv-22427-MGC Document 33 Entered on FLSD Docket 03/07/2022 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         1004279
<DEPRECIATION>                                  238847
<TOTAL-ASSETS>                                  765432
<CURRENT-LIABILITIES>                           756188
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         12909
<OTHER-SE>                                      (3665)
<TOTAL-LIABILITY-AND-EQUITY>                    765432
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                328235
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (328235)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (328235)
<EPS-PRIMARY>                                    (.03)
<EPS-DILUTED>                                        0
        

</TABLE>
59598635;1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

SOUTH BROWARD HOSPITAL 

DISTRICT, D/B/A/ MEMORIAL 

HEALTHCARE SYSTEM,

on its own behalf and on behalf of other 

similarly situated healthcare facilities,

Plaintiff,

ELAP SERVICES, LLC and GROUP & 

PENSION ADMINISTRATORS, INC.,

Defendants.

:

:

:

:

:

:

:

:

:

:

:

:

CASE NO. 0:20-cv-61007-

SINGHAL/VALLE

__________________________________________/

UNOPPOSED MOTION FOR WITHDRAWAL OF GERA R. PEOPLES, ESQ. AS 

COUNSEL FOR DEFENDANTS

Pursuant to S.D. Fla. Local Rule 11.1(d)(3), Defendants ELAP Services, LLC and Group 

& Pension Administrators, Inc. (“Defendants”), file this motion for withdrawal of Gera R. Peoples, 

Esq., as counsel of record for Defendants. In support thereof, Defendants state:

1. On June 26, 2020, Mr. Peoples appeared as one of the attorneys for Defendants in 

this action. (ECF No. 13).

2. Mr. Peoples has resigned from his employment at Akerman LLP effective 

Wednesday, August 4, 2021. Defendants thus file this Motion on his behalf, seeking leave of the 

Court for Mr. Peoples to withdraw from representation of Defendants in this action. 

3. Defendants will continue to be represented in this action by Irene Bassel Frick, Esq.

with Akerman LLP as well as Patrick M. Emery, Esq., Kris Alderman, Esq., Irene Oria, Esq., and 

Robert T. Wright Esq. with FisherBroyles, LLP. 

4. Pursuant to Local Rule 11.1(d)(3), undersigned counsel certifies that notice to 

Defendants and Plaintiff’s counsel of Mr. Peoples’ withdrawal as counsel for Defendants was 

provided. 

Case 0:20-cv-61007-AHS Document 77 Entered on FLSD Docket 08/23/2021 Page 1 of 2
 2

59598635;1

5. As Defendants continue to have representation in this matter by Ms. Frick, Mr. 

Emery, Mr. Alderman, Ms. Oria, and Mr. Wright, the withdrawal of Mr. Peoples will neither 

prejudice any party nor cause any delay. 

WHEREFORE, Defendants ELAP Services, LLC and Group & Pension Administrators,

Inc., respectfully request that the Court enter an order granting Gera R. Peoples, Esq. leave to 

withdraw as counsel, and for such further relief as the Court deems just and proper.

LOCAL RULE 7.1(a)(3) CERTIFICATION

The undersigned hereby certifies that Defendants’ counsel conferred with Plaintiff’s 

counsel with regards to this Motion, and Plaintiff’s counsel confirmed that Plaintiff has no 

opposition to this Motion.

Dated: August 23, 2021. Respectfully submitted,

AKERMAN LLP

/s/ Irene Bassel Frick

Irene Bassel Frick, Esq.

FL Bar No.: 0158739

Gera R. Peoples, Esq.

FL Bar No. 450022

401 E. Jackson Street, Suite 1700

Tampa, FL 33602-5250

Phone: (813) 223-7333

Fax: (813) 223-2837

irene.basselfrick@akerman.com

gera.peoples@akerman.com

Counsel for Defendants ELAP Services, LLC 

and Group & Pension Administrators, Inc.

Case 0:20-cv-61007-AHS Document 77 Entered on FLSD Docket 08/23/2021 Page 2 of 2
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 Veterans Affairs

In compliance with section 13 of Public Law 92-463 (Federal Advisory Committee Act) notice is hereby given that the 2004 Annual Report of the Department of Veterans Affairs (VA) Advisory Committee on Minority Veterans has been issued. The report summarizes activities and recommendations of the Committee on matters relative to VA programs and policies affecting minority veterans. It is available for public inspection at two locations:

Mr. Richard Yarnall, Federal Advisory Committee Desk, Library of Congress, Anglo-American Acquisition Division, Government Documents Section, Room LM-B42, 101 Independence Avenue, SE., Washington DC 20540-4172; and 

Department of Veterans Affairs, Center for Minority Veterans, Suite 435, 810 Vermont Avenue, NW., Washington DC 20420.

Dated: September 28, 2004.

By Direction of the Secretary.

E. Philip Riggin, 

Committee Management Officer.

[FR Doc. 04-23198  Filed 10-15-04; 8:45 am]

BILLING CODE 8320-01-M
###### Editorial Note on Part 134

#### Editorial Note:

Nomenclature changes to part 134 appear at 72 FR 50042, Aug. 30, 2007.

#### § 134.1009 Oral hearings.

Oral hearings will be held in VOSB or SDVOSB status protest proceedings only upon a finding by the Judge of extraordinary circumstances. If such an oral hearing is ordered, the proceeding shall be conducted in accordance with those rules of subpart B of this part as the Judge deems appropriate.
*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

For the Fifth Circuit

No. 96-60871

Summary Calendar

TIMOTHY DWIGHT LUCIUS,

Plaintiff-Appellant,

VERSUS

TOWN OF TISHOMINGO,

Defendant-Appellee.

Appeal from the United States District Court

For the Northern District of Mississippi

(1:96-CV-56)

July 18, 1997

Before JONES, DeMOSS, and PARKER, Circuit Judges.

PER CURIAM:*

We have carefully reviewed the briefs, the record excerpts,

and relevant portions of the record itself. For the reasons stated

by the district court in its Memorandum Opinion filed December 10,

1996, we AFFIRM the Final Judgment entered by the district court on
December 10, 1996, which granted summary judgment in favor of the

defendant.

AFFIRMED.
|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, 2005 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:   November 2, 2005 | By:   /s/ Kevin J. Wiersma
|                          | Kevin J. Wiersma          
|                          | Chief Financial Officer   

|34
|--
Editorial Note on Part 120
Editorial Note: Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

§ 120.545 What are SBA's policies concerning the liquidation of collateral and the sale of business loans and physical disaster assistance loans, physical disaster business loans and economic injury disaster loans? ( a ) *Liquidation policy.* SBA or the Lender may liquidate collateral securing a loan if the loan is in default or there is no reasonable prospect that the loan can be repaid within a reasonable period.
( b ) *Sale and conversion of loans.* Without the consent of the Borrower, SBA may: ( 1 ) Sell a direct loan;
( 2 ) Convert a guaranteed or immediate participation loan to a direct loan; or
( 3 ) Convert an immediate participation loan to a guaranteed loan or a loan owned solely by the Lender.
( 4 ) Sell direct and purchased 7(a) and 501, 502, 503 and 504 loans and physical disaster home loans, physical disaster business loans and economic injury disaster loans in asset sales. SBA will offer these loans for sale to qualified bidders by means of competitive procedures at publicly advertised sales. Bidder qualifications will be set for each sale in accordance with the terms and conditions of each sale.
( c ) *Disposal of collateral and assets acquired through foreclosure or conveyance.* SBA or the Lender may sell real and personal property (including contracts and claims) pledged to secure a loan that is in default in accordance with the provisions of the related security instrument (*see* § 120.550 for Homestead Protection for Farmers). ( 1 ) *Competitive bids or negotiated sales.* Generally, SBA will offer loan collateral and acquired assets for public sale through competitive bids at auctions or sealed bid sales. The Lender may use negotiated sales if consistent with its usual practice for similar non-SBA assets.
( 2 ) *Lease of acquired property.* Normally, neither SBA nor a Lender will rent or lease acquired property or grant options to purchase. SBA and the Lender will consider proposals for a lease if it appears a property cannot be sold advantageously and the lease may be terminated on reasonable notice upon receipt of a favorable purchase offer.
( d ) *Recoveries and security interests shared.* SBA and the Lender will share pro rata (in accordance with their respective interests in a loan) all loan payments or recoveries, including proceeds from asset sales, all reasonable expenses (including advances for the care, preservation, and maintenance of collateral securing the loan and the payment of senior lienholders), and any security interest or guarantee (excluding SBA's guarantee) which the Lender or SBA may hold or receive in connection with a loan.
( e ) *Guarantors.* Guarantors of financial assistance have no rights of contribution against SBA on an SBA guaranteed or direct loan. SBA is not deemed to be a co-guarantor with any other guarantors.
[61 FR 3235, Jan. 31, 1996, as amended at 64 FR 44110, Aug. 13, 1999; 65 FR 17133, Mar. 31, 2000; 68 FR 51680, Aug. 28, 2003. Redesignated and amended at 72 FR 18362, Apr. 12, 2007]
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

 

CASE NO. 20-CV-14205-ROSENBERG/MAYNARD 

DAVID POSCHMANN, 

 

 Plaintiff, 

v. 

 

GEORGIA/CAROLINA I & D, LLC, 

 

 Defendant. 

__________________________________/ 

NOTICE OF SETTLEMENT

Plaintiff, by and through his undersigned counsel, hereby informs the Court that this 

matter has been resolved. 

Dated: August 7, 2020 

 s/Drew M. Levitt

 Drew M. Levitt 

 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 

Case 2:20-cv-14205-RLR Document 4 Entered on FLSD Docket 08/07/2020 Page 1 of 1
United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-4271

___________ Christopher W. Nolan, * * Appellant, * * v. * * Appeal from the United States Douglas Weber, Warden of the SD * District Court for the District State Penitentiary; Mark W. Barnett, * of South Dakota. Attorney General of the State of SD; * Jason Krause, Inmate at Springfield * [UNPUBLISHED] State Prison; Matthew Fuller, Inmate * at Springfield State Prison; Warren * McBride, Inmate at Springfield State * Prison; John Doe, Correctional Officer * at the Springfield State Prison; All * Agents and successors individually and * in their official capacity, * * Appellees. *

___________ Submitted: April 6, 1998 Filed: April 14, 1998

___________ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circui t Judges.

___________ PER CURIAM.TheHonorable John B. Jones, United States District Judge for the District of 1 South Dakota. -2- Christopher Nolan appeals from the District Court’s order dismissing without 1 prejudice his 42 U.S.C. § 1983 (1994) action for failing to state a claim under 2 8 U.S .C.A. § 1915(e)(2)(B)(ii) (West Supp. 1998). After careful review of the record and Nolan’s submissions, we affirm. See8th Cir. R. 47B. A true copy.
Attest:
CLE RK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT

.
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 Labor

###### Office of the Assistant Secretary for Veterans' Employment and Training 

      ( print page 61268)    
The President's National Hire Veterans Committee was established under 38 U.S.C. 4100 notePublic Law 107-288, Jobs For Veterans Act, to furnish information to employers with respect to the productivity advantages afforded by hiring qualified veterans and disabled veterans, and to encourage employer participation in the Career One Stop service system and other means. 

The President's National Hire Veterans Committee will meet on Thursday, October 21, 2004, beginning at 8:30 a.m. in the Radisson Hotel and Conference Center, 12600 Roosevelt Blvd., St. Petersburg, Florida 33716. 

The committee will discuss raising employer awareness of the advantages of hiring veterans. 

Signed at Washington, DC, this 5th day of October, 2004. 

Frederico Juarbe Jr., 

Assistant Secretary of Labor for Veterans' Employment and Training. 

[FR Doc. 04-23133 Filed 10-14-04; 8:45 am] 

BILLING CODE 4510-79-P
### [§6697. Repealed. Pub. L. 111–325, title V, §501(a), Dec. 22, 2010, 124 Stat. 3554]

Section, added Pub. L. 94–455, title XVI, §1601(b)(1), Oct. 4, 1976, 90 Stat. 1745; amended Pub. L. 95–600, title III, §362(b), Nov. 6, 1978, 92 Stat. 2851; Pub. L. 99–514, title VI, §667(a), Oct. 22, 1986, 100 Stat. 2305, related to assessable penalties with respect to liability for tax of regulated investment companies.

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

#### Effective Date of Repeal

Repeal applicable to taxable years beginning after Dec. 22, 2010, see section 501(c) of Pub. L. 111–325, set out as an Effective Date of 2010 Amendment note under section 860 of this title.