alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR

. R. 47.5, the Court has det ermined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS For the Fifth Circuit

___________________________

No. 97-60611 Summary Calendar

___________________________

FAYE THOMLEY, Individually and as Administratrix of the Estate of CHARLEY W. THOMLEY, deceased; DANA THOMLEY and RHONDA THOMLEY

Patterson,

Plaintiffs - Appellants,

VERSUS

MACK TRUCK, INC.,

Defendant - Appellee.

___________________________________________________

Appeal from the United States District Court For the Southern District of Mississippi

(3:94-CV-716 BrN)

___________________________________________________ October 26, 1998

Before DAVIS, DUHÉ and PARKER, Circuit Judges.

PER CURIAM: *

This appeal is before the Court on the sole issue of whether

the district court abused its discretion in awarding costs to the

prevailing party. We modify and affirm.

The defendant Mack Truck, Inc. moved for judgment as a matter

of law aft er plaintiffs presented their case-in-chief. The

district court granted the motion and taxed cost s of $11,112.79

against the plaintiffs pursuant to Federal Rule of Civil Procedure2 Rule 54(d) provides: “Except when express provision therefor

is made either in a statute of the United States or in these rules, costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs....”

2 54(d). 2 Plaintiffs challenge the award.

The district judge has discretion in awarding costs, and “we

will not overturn his decision unless a clear abuse thereof is

shown.” N issho-Iwai Co., Ltd. v. Occidental Crude Sales

, 729 F.2d

1530, 155 1 (5th Cir. 1984) (quoting K innear-Weed Corp. v. Humble

Oil & Refining , 441 F.2d 631, 637 (5th Cir.), c ert. denied

, 40 4

U.S. 941, 92 S.Ct. 285, 30 L.Ed.2d 2 55 (1971). After carefully

reviewing the record in this case, we find no abuse of discretion,

with one minor modification. The defendant conceded that the trial

court “taxe[d] costs [$96.68] associated with the deposition of

Frank Bridges to Thomley on 2 occasions.” Because this cost was

taxed twice, the award of $11,112.79 should be reduced by $96.68.

Except for this modification, the order of the district court is

affirmed.

AFFIRMED AND MODIFIED.
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#### § 182.122 Corrected claim or certification of origin by importers.

An importer who makes a corrected claim under § 182.11(c) will not be subject to civil or administrative penalties under 19 U.S.C. 1592 for having made an incorrect claim or having submitted an incorrect certification of origin, provided that the corrected claim is promptly and voluntarily made in accordance with § 182.124.
#### Isaac Klein, Respondent, v. Arthur A. Klotz, Appellant.

Order unanimously affirmed, with $20 costs and disbursements. No opinion. Present — Peck, P. J., Dore, Cohn and Callahan, JJ.
### §2313b. Support of Army civil works program

#### (a) General authority

In carrying out research and development in support of the civil works program of the Department of the Army, the Secretary may utilize contracts, cooperative research and development agreements, cooperative agreements, and grants with non-Federal entities, including State and local governments, colleges and universities, consortia, professional and technical societies, public and private scientific and technical foundations, research institutions, educational organizations, and nonprofit organizations.

#### (b) Commercial application

With respect to contracts for research and development, the Secretary may include requirements that have potential commercial application and may use such potential application as an evaluation factor where appropriate.

(Pub. L. 104–303, title II, §229, Oct. 12, 1996, 110 Stat. 3703.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Development Act of 1996, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 104–303, set out as a note under section 2201 of this title.
# Search Census Archive

Home1997

## Agricultural Atlas of the United States

**Census Year:** 1997

**Within:** Volume 2: Subject Series

**

### 						Field Crops Harvested					

**

### 						Hay and Forage Crops Harvested					

**

### 						Seed Crops Harvested					

**

### 						Vegetables and Melons Harvested					

**

### 						Fruits, Tree Nuts, and Berries					

**

### 						Farms					

**

### 						Farms by Value of Sales					

**

### 						Farms by Size					

**

### 						Market Value of Agricultural Products Sold					

**

### 						Farm-Related Income and Direct Sales					

**

### 						Farm Production Expenses					

**

### 						Land in Farms and Land Use					

**

### 						Irrigated Land					

**

### 						Average Value of Land and Buildings					

**

### 						Machinery and Equipment on Place					

**

### 						Agricultural Chemicals Used					

**

### 						Nursery and Greenhouse Crops					

**

### 						Livestock, Poultry, and Other Animal and Aquaculture Production					

**

### 						Hired Farm Labor					

**

### 						Tenure and Characteristics of Farm Operators					

**

### 						Farms by Type of Organization					

**

### 						Principal Occupation of Operator					

### Other Years

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#### 				1974			

#### 				1969			

#### 				1964			

#### 				1959			

#### 				1954			

#### 				1950			

#### 				1945			

#### 				1940			

#### 				1935			

#### 				1930			

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**Partners:**

National Agricultural Statistics Service (NASS)

Albert R. Mann Library, Cornell UniversityUnited States Department of Agriculture

**Developed & supported by:**

**Albert R. Mann Library****Cornell University****Ithaca, NY 14853-4301**Phone: **(607) 255-5406**Email: **usda-help@cornell.edu**
### §5303. End-of-the-month salary payment schedule inapplicable to Senators

Section 5302 of this title shall not be construed as being applicable to a Senator.

(Pub. L. 97–51, §112(c), Oct. 1, 1981, 95 Stat. 963.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 35a of this title prior to editorial reclassification and renumbering as this section.

Provisions of subsec. (c) of section 112 of Pub. L. 97–51 that such subsec. (c) would apply on and after the effective date of the amendments and repeals made by section 112 of Pub. L. 97–51 were omitted in the codification of this section since their impact was identical to that of the effective date provisions of subsec. (e) of section 112 of Pub. L. 97–51, set out as an Effective Date of 1981 Amendment note under section 6301 of this title. See Effective Date note below.

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

#### Effective Date

Section effective in the case of compensation payable for months after December 1981, see section 112(e) of Pub. L. 97–51, set out as an Effective Date of 1981 Amendment note under section 6301 of this title.
Merrimack,

June, 1898.

#### Hodgman *v.*Concord.

Where injury is occasioned to an adjoining estate by a change of the grade of a highway, the owner’s right of action is complete when' such change is made, and is not affected by his conveyance of the' premises prior to the filing of a petition for the assessment of damages.

Petition, under P. S., *c.*73, *ss.*24, 25, for the assessment of damages caused by a change of the grade of a highway. Facts found by the court. The plaintiff owned the premises at the time the grade was changed, but conveyed them without reservation to a third party before the petition was filed. The court referred the petition to the county commissioners, and the defendants excepted.

*Albín, Martin Howe,*for the plaintiff.

*Sargent, Hollis Niles,*for the defendants.

Pike, J.

The injury for which the plaintiff seeks damages was complete when the change of grade was made,, and he was then entitled to compensation for the defendants’ act. His right of > action was not affected by the conveyance ©f the premises*350*Boynton*v. *Railroad,*4 Cush. 467, 469; *Moore*v. *Boston,*8 Cush. 274; *New York & New England R. R.*v. *Drury,*133 Mass. 167, 169; *Bean*v. *Warner,*38 N. H. 247.

*Exception overruled.*

Parsons, J., did not sit: the others concurred.
### **CHAPTER 91—GOVERNMENT CORPORATIONS**

Sec.
9101.
Definitions.
9102.
Establishing and acquiring corporations.
9103.
Budgets of wholly owned Government corporations.
9104.
Congressional action on budgets of wholly owned Government corporations.
9105.
Audits.
9106.
Management reports.
9107.
Accounts.
9108.
Obligations.
9109.
Exclusion of a wholly owned Government corporation from this chapter.
9110.
Standards for depository institutions holding securities of a Government-sponsored corporation for customers.

#### **Editorial Notes**

#### Amendments

**1990**—Pub. L. 101–576, title III, §306(b), Nov. 15, 1990, 104 Stat. 2854, substituted "Management" for "Audit".

**1986**—Pub. L. 99–571, title II, §201(b)(2), Oct. 28, 1986, 100 Stat. 3224, added item 9110.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, D.C. 20555-0001 E-mail: opa@nrc.gov 

Web Site: http://www.nrc.gov

 

No. 06-096 July 24, 2006

NRC ESTABLISHING OFFICE OF NEW REACTORS,

ADDITIONAL REGION II DEPUTY REGIONAL ADMINISTRATOR

The Nuclear Regulatory Commission is reorganizing its Office of Nuclear Reactor Regulation

(NRR) to create an Office of New Reactors (NRO) to ensure effective oversight of operating nuclear

power plants and prepare for the industry’s interest in licensing and building new nuclear power plants

in the near term. The agency is also adding a new organizational unit, headed by a Deputy Regional

Administrator for Construction in its Atlanta office, to oversee inspections related to expected new

construction of nuclear facilities.

“This change will ensure we maintain our focus on the safe and secure operation of existing

nuclear power plants, while enhancing our effectiveness in processing the anticipated new plant

licensing workload,” said Executive Director for Operations Luis Reyes.

The new Deputy Regional Administrator position and organizational unit in Atlanta will focus

on the agency’s Construction Inspection Program, which was announced earlier this year. This program

will be responsible for the agency’s oversight of any new nuclear power plant construction for the

entire country. The reorganized Region II office will be better equipped to carry out construction

inspection activities while maintaining its focus on ensuring safe operation of nuclear power plants in

Region II.

The Office of New Reactors should be established by January 2007. NRO will have full

responsibility for licensing and program oversight of new reactor activities. NRR will retain full

responsibility for licensing and program oversight for activities related to the current operating

reactors. The NRC is expecting several applications for new nuclear power plants in late 2007 and

early 2008, with initial construction activities soon thereafter.

###
### §937. Certificate of compliance with chapter

No stevedoring firm shall be employed in any compensation district by a vessel or by hull owners until it presents to such vessel or hull owners a certificate issued by a deputy commissioner assigned to such district that it has complied with the provisions of this chapter requiring the securing of compensation to its employees. Any person violating the provisions of this section shall be punished by a fine of not more than $1,000, or by imprisonment for not more than one year, or by both such fine and imprisonment.

(Mar. 4, 1927, ch. 509, §37, 44 Stat. 1442.)
§ 581.106 Future payments. Moneys paid by a governmental entity which may be due and payable to an individual at some future date, shall not be considered due the individual unless and until all of the conditions necessary for payment of the moneys to the individual have been met, including, but not limited to, the following conditions which might apply: ( a ) Retirement;
( b ) Resignation from a position in the Federal service; or
( c ) Application for payment of moneys by the individual.
### §11186. Confidentiality of program records

Except as authorized by law, program records containing the identity of individual juveniles gathered for purposes pursuant to this subchapter may not be disclosed without the consent of the service recipient or legally authorized representative, or as may be necessary to carry out this subchapter. Under no circumstances may program reports or findings available for public dissemination contain the actual names of individual service recipients.

(Pub. L. 93–415, title II, §299E, formerly §296, as added Pub. L. 100–690, title VII, §7266(4), Nov. 18, 1988, 102 Stat. 4450; renumbered §299E, Pub. L. 102–586, §2(i)(1)(B), Nov. 4, 1992, 106 Stat. 5006.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 5676 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

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

#### Effective Date

Section effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as an Effective Date of 1988 Amendment note under section 11101 of this title.
### §302. Enlistments, reenlistments, and extensions

(a) Under regulations to be prescribed by the Secretary concerned, original enlistments in the National Guard may be accepted for—

(1) any specified term, not less than three years, for persons who have not served in an armed force; or

(2) any specified term, not less than one year, for persons who have served in any armed force.

(b) Under regulations to be prescribed by the Secretary concerned, reenlistment in the National Guard may be accepted for any specified period, or, if the person last served in one of the highest five enlisted grades, for an unspecified period.

(c) Enlistments or reenlistments in the National Guard may be extended—

(1) under regulations to be prescribed by the Secretary concerned, at the request of the member, for any period not less than six months; or

(2) by proclamation of the President, if Congress declares an emergency, until six months after termination of that emergency.

(Aug. 10, 1956, ch. 1041, 70A Stat. 601; Pub. L. 87–378, §5(1), Oct. 4, 1961, 75 Stat. 808.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 302 | 32:124. | June 3, 1916, ch. 134, §69; restated July 11, 1919, ch. 8 (20th par. under "National Guard"); restated June 4, 1920, ch. 227, subch. I, §37; restated June 6, 1924, ch. 275, §4; restated June 15, 1933, ch. 87, §7, 48 Stat. 156; July 9, 1952, ch. 608, §806(a), 66 Stat. 506. |

32:124 (1st proviso) is omitted as executed. The word "reenlistments" is substituted for the words "subsequent enlistments".

#### **Editorial Notes**

#### Amendments

1961—Pub. L. 87–378 permitted original enlistments for any specified term, not less than three years, for persons who have not served in an armed force, authorized reenlistments for any specified period, or if the person last served in one of the highest five enlisted grades, for an unspecified period, extensions of enlistments or reenlistments at the request of the member for any period not less than six months after termination of the emergency.

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

#### Effective Date of 1961 Amendment

Pub. L. 87–378, §6, Oct. 4, 1961, 75 Stat. 808, provided that: "The amendments made by sections 3, 4, and 5 of this Act [amending this section and sections 3261 and 8261 of Title 10, Armed Forces] shall not affect any enlistment, reenlistment, or appointment entered into or made before the effective date of this Act [Oct. 4, 1961]."
EXHIBIT 4.7


NANOSIGNAL CORP.
--------------------------------------------------------------------------------
3960 Howard Hughes Parkway
Suite 560
Las Vegas, NV 89109

                                                               February 17, 2004


RE:      S-8 PAYMENT UNDER TERMS OF WRITTEN
         CONTRACT - DIRECTOR AND PRESIDENT

Dear Andrea Lindsay:

This shall  confirm our  agreement to issue to you S-8 shares under the terms of
your written employment  contract with the Company for all services rendered and
which are due you through December 31, 2003.

The compensation due is equivalent to FOUR HUNDRED THOUSAND (400,000) shares
of common stock to be issued to

                                 Andrea Lindsay

Please confirm your  acceptance of these terms below as indicated.  Your telefax
copy  should  be sent to us with  the  original  signed  copy  delivered  to our
corporate offices at your earliest convenience.

Very truly yours,

ANNALIE GALICIA

By: /s/ Annalie Galacia
    Annalie Galicia, Secretary-Treasurer


AG:jd


ACCEPTED AND AGREED TO

ANDREA LINDSAY


By: /s/ Andrea Lindsey                     Dated: February 17, 2004
    Andrea Lindsay
Editorial Note on Subpart B of Part 591
Editorial Note: Nomenclature changes to subpart B of part 591 appear at 70 FR 31313, May 31, 2005.

§ 591.207 Which areas are COLA areas? OPM has established the following COLA areas: ( a ) City of Anchorage, AK, and 80-kilometer (50-mile) radius by shortest route using paved roads when available, as measured from the Federal courthouse to the official duty station;
( b ) City of Fairbanks, AK, and 80-kilometer (50-mile) radius by shortest route using paved roads when available, as measured from the Federal courthouse to the official duty station;
( c ) City of Juneau, AK, and 80-kilometer (50-mile) radius by shortest route using paved roads when available, as measured from the Federal courthouse to the official duty station;
( d ) Rest of the State of Alaska;
( e ) City and County of Honolulu, HI;
( f ) County of Hawaii, HI;
( g ) County of Kauai, HI;
( h ) County of Maui (including Kalawao County), HI;
( i ) Commonwealth of Puerto Rico;
( j ) Territory of Guam and Commonwealth of the Northern Mariana Islands; and
( k ) U.S. Virgin Islands.
[67 FR 22340, May 3, 2002, as amended at 73 FR 65245, Nov. 3, 2008]
#### § 353.107 Service credit upon reemployment.

Upon reemployment, an employee absent because of uniformed service or compensable injury is generally entitled to be treated as though he or she had never left. This means that a person who is reemployed following uniformed service or full recovery from compensable injury receives credit for the entire period of the absence for purposes of rights and benefits based upon seniority and length of service, including within-grade increases, career tenure, completion of probation, leave rate accrual, and severance pay.
Exhibit 32.1

               CERTIFICATIONS 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 his capacity as Chief Executive  Officer of
Belmar Capital Fund LLC (the "Fund"), that:

(a)  the Annual Report of the Fund on Form 10-K for the year ended  December 31,
     2003 (the "Report")  fully complies with the  requirements of Section 13(a)
     of the Securities Exchange Act of 1934, as amended; and

(b)  the information  contained in the Report fairly  presents,  in all material
     respects, the financial condition and the results of operations of the Fund
     for such period.



Date: March 15, 2004


                                                /s/ Thomas E. Faust Jr.
                                                -----------------------
                                                Thomas E. Faust Jr.
                                                Chief Executive Officer
§ 532.505 Night shift differentials. ( a ) Employees shall be entitled to receive night shift differentials in accordance with section 5343 of title 5, United States Code.
( b ) *Absence on holidays.* An employee regularly assigned to a shift for which a night shift differential is payable shall be paid the night shift differential for a period of excused absence on a legal holiday or other day off from duty granted by Executive or administrative order.
( c ) *Travel status.* An employee regularly assigned to a shift for which a night shift differential is payable shall be paid the night shift differential for hours of the employee's tour of duty while in official travel status, regardless of whether the employee is performing work.
( d ) *Temporary tour of duty.* ( 1 ) An employee regularly assigned to a night shift who is temporarily assigned to a day shift or to a night shift having a lower night shift differential shall continue to receive the regular night shift differential, a temporary detail for training purposes is also included—see 5 CFR 410.602.
( 2 ) An employee regularly assigned to a night shift, who is temporarily assigned to another night shift having a higher differential, shall be paid the higher differential if a majority of the employee's regularly scheduled nonovertime hours of work on the temporary shift fall within hours having the higher differential.
( 3 ) An employee regularly assigned to a day shift who is temporarily assigned to a night shift shall be paid a night shift differential.
( e ) *Leave with pay.* ( 1 ) An employee regularly assigned to a night shift shall be paid a night shift differential during a period of leave with pay.
( 2 ) An employee regularly assigned to a day shift who is temporarily assigned to a night shift shall be paid a night shift differential for any leave with pay taken when scheduled to work night shifts.
( 3 ) An employee assigned to a regular rotating schedule involving work on both day and night shifts shall be paid a night shift differential only for any leave with pay taken when scheduled to work night shifts.
( 4 ) An employee who is not regularly assigned to a day shift or a night shift but whose shift is changed at irregular intervals shall be paid a night shift differential during leave with pay if the employee received a night shift differential for the last shift worked preceding leave with pay.