alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-30336

Summary Calendar

 

TIMOTHY GAUTREAU; ET AL.,

 Plaintiffs,

JAMES J. BALL,

 Movant-Appellant,

versus

A. O. SMITH CORP., on behalf of A. O. Smith Harvestore Products, Inc., 

on behalf of Agristor Credit Corp.; 

ALABAMA HARVESTORE SYSTEMS INC.; 

ARTHUR O. SMITH; BRUCE M. SMITH; 

ROBERT J. O’TOOLE; GLENN R. BOMBERGER; 

SMITH INVESTMENT CO.; ARTHUR O. SMITH, II; LLOYD B. SMITH,

 Defendants-Appellees.

-----------------------------------------------------------

Appeals from the United States District Court

for the Western District of Louisiana

USDC No. 98-CV-1187

----------------------------------------------------------

March 27, 2002

Before JOLLY, WIENER and STEWART, Circuit Judges:

PER CURIAM:*

James J. Ball, counsel for the plaintiffs, appeals the district court’s imposition of monetary

sanctions against himfollowing the dismissalofthe instant civilsuit premised on diversityand federalquestion jurisdiction. The district court imposed sanctions against Ball after concluding that the
No. 01-30336

-2-

applicable statutes oflimitation were such an obvious affirmative defense to the claims presented that

the suit should not have been filed in the first place.

Referencing Klehr v. A.O. Smith Corp., 521 U.S. 179 (1997) and Horn v. A.O. Smith Corp.,

50 F.3d 1365 (7th Cir. 1995), Ball argues that the district court “failed to recognize the basis in

existing Harvestore case law” for the Gautreaus’ claims. He also argues that the district court failed

to give specific reasons and findings to support the sanctions award. Finally, he argues for the first

time on appeal that the district court erred by failing to consider his ability to pay any sanctions

imposed.

Ball’s references to Klehr and Horn do not demonstrate that the district court’s sanctions

ruling was based on an erroneous view of the law or on a clearly erroneous assessment of the

evidence. See Mercury Air Group, Inc. v. Mansour, 237 F.3d 542, 548 (5th Cir. 2001).

Accordingly, he has not shown that the district court abused its discretion in sanctioning him. See

id. Moreover, the district court gave sufficient reasons for the sanctions award, including the type

and amount of the sanctions. See Granader v. McBee, 23 F.3d 120, 123-24 (5th Cir. 1994). Finally,

Ball has not shown the requisite plain error regarding the district court’s purported failure to consider

his ability to pay. See Robertson v. Plano City of Texas, 70 F.3d 21, 23 (5th Cir. 1995).

AFFIRMED.
### §8737. Authorization of appropriations

An amount equal to not more than one cent for each inhabitant of the continental United States as determined by the last preceding decennial census may be appropriated each year in the District of Columbia Appropriation Act for the National Capital Planning Commission to use for the payment of its expenses and for the acquisition of land the Commission may acquire under section 8731 of this title for the purposes named, including compensation for the land, surveys, ascertainment of title, condemnation proceedings, and necessary conveyancing. The appropriated amounts shall be paid from the revenues of the District of Columbia and the general amounts of the Treasury in the same proportion as other expenses of the District of Columbia.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8737 | 40:73 (1st, 2d sentences). | June 6, 1924, ch. 270, §12 (1st, 2d sentences), formerly §3 (1st, 2d sentences), 43 Stat. 463; renumbered §12, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791. |

Section
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Fellowships in Diabetes, Endocrinology and Metabolic Diseases.                    

*Date:*                         February 12-13, 2019.                    

*Time:*                         8:00 a.m. to 12:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.                    

*Contact Person:*                         Thomas A. Tatham, Ph.D., Scientific Review Officer, Review Branch, DEA, NIDDK, National Institutes of Health, Room 7021, 6707 Democracy Boulevard, Bethesda, MD 20892-5452, (301) 594-3993,                         *tathamt@mail.nih.gov.*

This meeting notice is being published less than 15 days in advance of the meeting due to the partial Government shutdown of December 2018.

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: January 25, 2019.

Melanie J. Pantoja,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2019-00349 Filed 1-30-19; 8:45 am]

 BILLING CODE 4140-01-P
Exhibit 13.1

906 Certification

Securities and Exchange Commission

450 Fifth Street, N.W

Washington, D.C. 20549

Ladies and Gentlemen:

In connection with the periodic report of NetEase.com, Inc. (the Company) on Form 20-F
for the year ended December 31, 2005 as filed with the Securities and Exchange Commission (the Report), I, William Ding, the Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title
18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:

1. the Report fully complies with the requirements of
Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.

This Certificate has not been, and shall not be deemed, filed with the Securities and Exchange Commission.

Date: June 29, 2006



|       |  |                        
|------ |  | -----------------------
|By:    |  | /s/ William Ding       
|Name:  |  | William Ding           
|Title: |  | Chief Executive Officer
[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Pages 780-781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00324]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Advancing Translational Sciences; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as

[[Page 781]]

amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The contract proposals and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the contract proposals, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Center for Advancing Translational 
Sciences Special Emphasis Panel; SBIR Topic 17.
    Date: February 12, 2019.
    Time: 1:00 p.m. to 2:45 p.m.
    Agenda: To review and evaluate contract proposals.
    Place: National Institutes of Health, One Democracy Plaza, Room 
1037, 6701 Democracy Boulevard, Bethesda, MD 20892 (Telephone 
Conference Call).
    Contact Person: Rahat (Rani) Khan, Ph.D., Scientific Review 
Officer, Office of Scientific Review, National Center for Advancing 
Translational Sciences, 6701 Democracy Blvd., Rm. 1078, Bethesda, MD 
20892, 301-594-7319, <a href="/cdn-cgi/l/email-protection#18737079766a2a587b6b6a36767170367f776e"><span class="__cf_email__" data-cfemail="3c57545d524e0e7c5f4f4e12525554125b534a">[email protected]</span></a>.

    This meeting notice is being published less than 15 days in 
advance of the meeting due to the partial Government shutdown of 
December 2018.

(Catalogue of Federal Domestic Assistance Program Nos. 93.859, 
Pharmacology, Physiology, and Biological Chemistry Research; 93.350, 
B--Cooperative Agreements; 93.859, Biomedical Research and Research 
Training, National Institutes of Health, HHS)

    Dated: January 25, 2019.
Natasha M. Copeland,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2019-00324 Filed 1-30-19; 8:45 am]
 BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Notices]
[Page 67967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25710]


-----------------------------------------------------------------------

OFFICE OF PERSONNEL MANAGEMENT


Submission for OMB Review; Comment Request for Review of a 
Revised Information Collection: OPM Form 1530; OMB 3206-0162

AGENCY: Office of Personnel Management.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13, May 22, 1995), this notice announces that the Office of 
Personnel Management (OPM) has submitted to the Office of Management 
and Budget (OMB) a request for review of a revised information 
collection. OPM Form 1530, Report of Medical Examination of Person 
Electing Survivor Benefits Under the Civil Service Retirement System, 
is used to collect information regarding an annuitant's health so OPM 
can determine whether the insurable interest survivor benefit election 
can be allowed.
    Approximately 500 OPM Form 1530 will be completed annually. We 
estimate it takes approximately 90 minutes to complete the form. The 
annual burden is 750 hours. For copies of this proposal, contact Mary 
Beth Smith-Toomey on (202) 606-8358, fax (202) 418-3251 or via e-mail 
to <a href="/cdn-cgi/l/email-protection#731e11071c1c1e160a331c031e5d141c05"><span class="__cf_email__" data-cfemail="f19c93859e9e9c9488b19e819cdf969e87">[email protected]</span></a>. Please include a mailing address with your 
request.

DATES: Comments on this proposal should be received within 30 calendar 
days from the date of this publication.

ADDRESSES: Send or deliver comments to--Pamela S. Israel, Chief, 
Operations Support Group, Retirement Services Program, U.S. Office of 
Personnel Management, 1900 E Street, NW., Room 3349, Washington, DC 
20415; and Joseph Lackey, OPM Desk Officer, Office of Information & 
Regulatory Affairs, Office of Management & Budget, New Executive Office 
Building, NW., Room 10235, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Cyrus S. Benson, Team Leader, 
Publications Team, Support Group, RIS Support Services, (202) 606-0623.

U.S. Office of Personnel Management.
Kay Coles James,
Director.
[FR Doc. 04-25710 Filed 11-19-04; 8:45 am]
BILLING CODE 6325-38-P


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</html>
**Exhibit
      32.1**





Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
§1350)





I,
      Thomas
      W. Martin, Chairman, Chief Executive Officer and President of ICON Capital
      Corp., the Manager of the Registrant in connection with the Quarterly Report
      of
      ICON Income Fund Ten, LLC (the "LLC") on Form 10-Q for the period ended
      September 30, 2007, as filed with the Securities and Exchange Commission on
      the
      date hereof (the "Quarterly Report") certify, pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:





1.
            The
                Quarterly Report fully complies with the requirements of Section
                13(a) or
                15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §78m);
                and





2.
            The
                information contained in the Quarterly Report fairly presents, in
                all
                material respects, the financial condition and results of operations
                of
                the LLC.








*Dated:
      November 14, 2007*





*/s/
      Thomas W. Martin*


Thomas
      W.
      Martin


Chairman,
      Chief Executive Officer and President of the Manager


(Principal
      Executive Officer)


ICON
      Capital Corp.


Manager
      of ICON Income Fund Ten, LLC
### SUBCHAPTER II—DRUG-FREE PUBLIC HOUSING
NRC WINS HIGH MARKS IN ANNUAL FEDERAL EMPLOYEE SURVEY

The Nuclear Regulatory Commission continues to post top scores in four key measures of 

organizational success, according to an annual survey of federal employees released today. The 

Office of Personnel Management’s annual Federal Employee Viewpoint Survey ranked the NRC 

first among the 37 largest federal agencies in the categories of talent management, and leadership 

and knowledge management; second in job satisfaction; and third in results-oriented 

performance culture.

“Employee satisfaction is an important metric of high-performing organizations and we 

must sustain our agency’s performance in this key dimension. I am happy to see that the NRC 

continues to have high rankings in each category measured by OPM,” said Chairman Allison 

Macfarlane. “NRC’s reputation for professionalism and high quality work is well deserved. I am 

proud of our staff and the dedication they bring to the agency’s mission.” 

The survey evaluates the management leadership, employee satisfaction, and 

organizational culture of federal agencies. Specifically, it measures employee’s perception of 

whether, and to what extent, their organizations have the types of characteristics typically 

associated with high-performing, successful organizations.

“The NRC did quite well in the survey, despite an overall decline in the government-wide 

average scores,” NRC Executive Director for Operations Bill Borchardt said. “The agency 

continues to outperform the government average on key measures of satisfaction and employee 

engagement.”

Feedback from the annual survey is a critical component of the NRC’s continuous 

improvement efforts and an integral part of the organizational culture. Combined with results 

from an internal survey of safety culture due to be released shortly, that feedback will aid the 

NRC in identifying specific actions that can improve the agency’s performance and 

effectiveness.

The NRC data is available here.

### 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 12-121 November 5, 2012
News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.
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### §6306. Prohibition on Members of Congress making contracts with Federal Government

(a) In General.—A Member of Congress may not enter into or benefit from a contract or agreement or any part of a contract or agreement with the Federal Government.

(b) Exemptions.—

(1) In general.—Subsection (a) does not apply to contracts that the Secretary of Agriculture may enter into with farmers.

(2) Certain acts.—Subsection (a) does not apply to a contract entered into under—

(A) the Agricultural Adjustment Act (7 U.S.C. 601 et seq.);

(B) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.); or

(C) the Home Owners' Loan Act (12 U.S.C. 1461 et seq.).

(3) Public record.—An exemption under this subsection shall be made a matter of public record.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3805.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6306(a) | 41:22 (1st sentence). | R.S. §3741; Feb. 27, 1877, ch. 69, (16th complete par. on p. 249), 19 Stat. 249; Pub. L. 103–355, title VI, §6004, Oct. 13, 1994, 108 Stat. 3364; Pub. L. 104–106, div. D, title XLIII, §4321(i)(12), Feb. 10, 1996, 110 Stat. 676. |
| 6306(b) | 41:22 (last sentence). | Jan. 25, 1934, ch. 5, (related to R.S. §3741), 48 Stat. 337; June 27, 1934, ch. 847, title V, §510, 48 Stat. 1264; Aug. 26, 1937, ch. 821, 50 Stat. 838. |

Section

In subsection (b)(2), the words "Emergency Farm Mortgage Act of 1933" and "Federal Farm Mortgage Corporation Act" are omitted because all provisions of those Acts have previously been executed or repealed.

In subsection (b)(2)(B), the words "Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)" are substituted for "Federal Farm Loan Act" and "Farm Credit Act of 1933" because of section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971 (Pub. L. 92–181, 12 U.S.C. 2001 note).

In subsection (b)(2)(C), the words "Home Owners' Loan Act" are substituted for "Home Owners' Loan Act of 1933" because of the amendment to 12:1461 made by Public Law 101–73.
```
**March 1995**
REGIONAL FOCUS: PERM 

by Bill Raisner

Perm is one of many Russian cities where successful 
privatization programs have been funded by  the U.S. Agency for
International Development (USAID).  In Perm, USAID privatized and
restructured local vegetable wholesalers, with technical support
from the Boston Consulting Group (BCG).  The center of a highly
industrialized region in the Ural mountains, Perm has major
machine-building, oil, chemical, mining, and timber industries
that are attracting foreign investment.  Light industry and
agribusiness, which do not meet local consumer demand, also
present growing opportunities for U.S. companies. 

Because of privatization, 12 private wholesalers now compete to
serve a region previously controlled by a single distributor. 
Product losses once as high as 40 percent have been eliminated,
leading to a dramatically improved supply, including goods seldom
available before.  Competition among wholesalers has opened new
opportunities for farmers, retailers, and foreign investors.  
U.S. products are now well-established in Perm.  According to
BCG's  Charbell Ackermann, Mars and Hershey now control "30
percent of the confectionery market and Coke and Pepsi control 30
percent of the soft drink market.  Liberalization of these
markets has given Mars, Kraft, Proctor and Gamble, Wrigley's,
Hershey, and a number  of U.S. soft drink producers opportunities
for real growth."   

At first, BCG confronted "anti-privatization" attitudes on the
City Council when it targeted vegetable wholesaling.  The city
council specifically exempted food distributors from
privatization, fearing that the city's distribution system would
collapse.  BCG persuaded them to try privatization, however,
since a more efficient distribution system would actually enhance
the competitiveness of local distributors, and ensure a more
stable and plentiful food supply.

The Russian Business School, functioning in Perm as a Morozov
Business Training Center  (BTC), is another USAID-sponsored
project to improve the trade and investment climate for U.S.
companies.  A network of 59 training and support centers
throughout Russia, the project provides training and consulting
services to develop a "critical mass" of Russian entrepreneurs
and business leaders who will support a free market.  According
to Yuri Mirolyubov, the school's President, the Morozov Project
helps U.S. firms to develop contacts with enterprises in the
Urals region and elsewhere in the NIS.  

For more information on doing business in Perm, contact: Yuri
Mirolyubov, 
President  of the Russian Business School/ Morozov Business
Training 
Center, at 011 7(3422) 3346-50 (voice), or 011 7(3422) 3240-51
(fax); or
Nikolai Molozin, Director of the Mid-Urals Privatization Center,
at  011 7(3422) 3388-87 (voice), or 011 7(3422) 3427-23.
```