alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FLORIDA APPELLATE COURT
                              RULES AGAINST COASTAL
                            IN ROYALTY INTEREST CASE


         APALACHICOLA,  FL,  August 6, 1997 -- Coastal  Petroleum  Company  said
Florida's  First  District  Court of Appeal has ruled against the Company in its
inverse condemnation claim against the State.

         The ruling has no bearing on the Company's  drilling permit litigation,
which involves working-interest acreage offshore, the Company said.

         The lawsuit,  filed seven years ago, sought compensation from the State
for its  expropriation of the Company's  petroleum and mineral royalty interests
in 2.5 million acres of tidal lands along the Gulf Coast.

         Coastal contended its royalty interests were rendered  worthless by the
State's ban on leasing,  enacted in 1990,  which,  therefore,  was tantamount to
confiscation.  Last year,  however,  the lower court ruled against Coastal;  and
that ruling was upheld yesterday by the appellate court.

         A Coastal  spokesman said the Company expects to appeal the decision to
the Florida Supreme Court.

         Coastal Petroleum Company is  a  majority-held  subsidiary  of  Coastal
Caribbean Oils & Minerals, Ltd. (Boston:  CCO-B; CCO-BN).

                   Contact: Phillip W. Ware, at (904) 653-2732
First Department,

November, 1916.

#### Peter J. Gaffney, Respondent, *v.*Helen M. Kelly and John F. McIntyre, Appellants.

Appeal from an interlocutory judgment overruling demurrers to the complaint.

Per Curiam:

The plaintiff having alleged the publication generally, the question which the defendants seek to present with respect to the *917publication being privileged on account bf the letter having been addressed to the mayor, is not presented for decision by the record. It follows that the interlocutory judgment should be affirmed, with costs, with leave to the defendants to withdraw the demurrers and to answer on payment of costs in this'court and in the court below. Present — Clarke, P. J., Laughlin, Dowling, Smith and Davis, JJ. Judgment affirmed, with costs, with leave to defendants to withdraw demurrer and answer on payment of costs.
### §7101. Definitions

In this chapter:

(1) Administrator.—The term "Administrator" means the Administrator for Federal Procurement Policy appointed pursuant to section 1102 of this title.

(2) Agency board or agency board of contract appeals.—The term "agency board" or "agency board of contract appeals" means—

(A) the Armed Services Board;

(B) the Civilian Board;

(C) the board of contract appeals of the Tennessee Valley Authority; or

(D) the Postal Service Board established under section 7105(d)(1) of this title.

(3) Agency head.—The term "agency head" means the head and any assistant head of an executive agency. The term may include the chief official of a principal division of an executive agency if the head of the executive agency so designates that chief official.

(4) Armed services board.—The term "Armed Services Board" means the Armed Services Board of Contract Appeals established under section 7105(a)(1) of this title.

(5) Civilian board.—The term "Civilian Board" means the Civilian Board of Contract Appeals established under section 7105(b)(1) of this title.

(6) Contracting officer.—The term "contracting officer"—

(A) means an individual who, by appointment in accordance with applicable regulations, has the authority to make and administer contracts and to make determinations and findings with respect to contracts; and

(B) includes an authorized representative of the contracting officer, acting within the limits of the representative's authority.

(7) Contractor.—The term "contractor" means a party to a Federal Government contract other than the Federal Government.

(8) Executive agency.—The term "executive agency" means—

(A) an executive department as defined in section 101 of title 5;

(B) a military department as defined in section 102 of title 5;

(C) an independent establishment as defined in section 104 of title 5, except that the term does not include the Government Accountability Office; and

(D) a wholly owned Government corporation as defined in section 9101(3) of title 31.

(9) Misrepresentation of fact.—The term "misrepresentation of fact" means a false statement of substantive fact, or conduct that leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3816.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 7101 | 41:601. | Pub. L. 95–563, §2, Nov. 1, 1978, 92 Stat. 2383; Pub. L. 104–106, div. D, title XLIII, §4322(b)(5), Feb. 10, 1996, 110 Stat. 677; Pub. L. 109–163, div. A, title VIII, §847(d)(1), Jan. 6, 2006, 119 Stat. 3393. |

Section

In paragraph (8)(C), the words "Government Accountability Office" are substituted for "General Accounting Office" because of section 8(b) of the GAO Human Capital Reform Act of 2004 (Public Law 108–271, 118 Stat. 814, 31 U.S.C. 702 note).

In paragraph (8)(D), the words "section 9101(3) of title 31" are substituted for "section 846 of title 31" because of section 4(b) of Public Law 97–258 (31 U.S.C. note prec. 101).
##### 



EXHIBIT 32.1 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO  In connection with the Quarterly Report on Form 10-Q of Brillian
Corporation (the Company) for the quarter ended September 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Vincent F. Sollitto Jr., President and Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 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 (15 U.S.C.
78m(a) or 78o(d)); and(2)
    
    The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Company. /s/ Vincent F. SollittoJr. Vincent F. Sollitto Jr.President and Chief Executive Officer
 November 15, 2004
----

----

|   | (1) | The      Registrant’s Report on Form 10-Q for the three and six months ended June      30, 2008, as filed with the Securities and Exchange Commission on the date      hereof (the “Report”), fully complies with the requirements of Section      13(a) or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.      78m or 78o(d)); and |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (2) | The      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the      Registrant. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/      Michael V. Shustek                               |
|-----------------------------------------------------------|
| Michael      V. Shustek                                   |
| Chief      Executive Officer and Director of the Manager* |
| of      Vestin Mortgage, Inc., Manager of theRegistrant   |

| /s/Rocio      Revollo                                   |
|---------------------------------------------------------|
| Rocio      Revollo                                      |
| Chief      Financial Officer of the Manager*            |
| of      Vestin Mortgage, Inc., Manager of theRegistrant |
### §11412. Making surplus personal property available to nonprofit agencies

#### (a) Omitted

#### (b) Requirement for notification

Within 90 days after July 22, 1987, the Administrator of General Services shall require each State agency administering a State plan under section 549(a)–(e) of title 40 to make generally available information about surplus personal property which may be used in the provision of food, shelter, or other services to homeless individuals.

#### (c) Costs

Surplus personal property identified pursuant to this section shall be made available to providers of assistance to homeless individuals by a State agency distributing such property at (1) a nominal cost to such organization or (2) at no cost when the Administrator agrees to reimburse the State agency for the costs of care and handling of such property.

(Pub. L. 100–77, title V, §502, July 22, 1987, 101 Stat. 510.)

#### **Editorial Notes**

#### Codification

Section is comprised of section 502 of Pub. L. 100–77. Subsec. (a) of section 502 amended section 203(j)(3)(B) of the Federal Property and Administrative Services Act of 1949, which was classified to section 484(j)(3)(B) of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as section 549(c)(3)(B) of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.

In subsec (b), "section 549(a)–(e) of title 40" substituted for "203(j) of the Federal Property and Administrative Services Act of 1949" on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
#### The People of the State of New York, Respondent, v Nicholas DeJesus, Appellant.

[819 NYS2d 667]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered May 21, 2004, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]). Florio, J.P., Santucci, Mastro, Rivera and Covello, JJ., concur.
### §14043e–11. Transferred

#### **Editorial Notes**

#### Codification

Section 14043e–11 was editorially reclassified as section 12491 of Title 34, Crime Control and Law Enforcement.
UNITED STATES

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

August 19, 2016 

MEMORANDUM TO: Victor M. McCree 

 Executive Director for Operations 

 

FROM: Andrew L. Bates, Acting Secretary /RA/ 

SUBJECT: STAFF REQUIREMENTS – SECY-16-0093 – RULEMAKING 

PLAN FOR REVISIONS TO TRANSPORTATION SAFETY 

REQUIREMENTS AND HARMONIZATION WITH 

INTERNATIONAL ATOMIC ENERGY AGENCY 

TRANSPORTATION REQUIREMENTS 

The Commission has approved the staff’s recommendation to initiate a rulemaking related to the 

harmonization of Title 10 of the Code of Federal Regulations 10 CFR Part 71 with the 

International Atomic Energy Agency and U.S. Department of Transportation regulations. 

The staff should engage in discussions with the Advisory Committee on Reactor Safeguards 

(ACRS) after further development of the proposed rule to determine whether ACRS review is 

necessary or appropriate. 

The priority of this rulemaking should be set to “medium.” 

 

cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Baran 

 OGC 

 CFO 

 OCA 

 OPA 

 ODs, RAs, ACRS, ASLBP (via E-mail)

 PDR
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-6389

ROBERT STEVEN SMITH, Petitioner - Appellant, versus STATE OF NORTH CAROLINA, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, Chief District Judge. (CA-03-292-MU-02-3) Submitted: October 18, 2004 Decided: October 27, 2004 Before WILKINSON, KING, and DUNCAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Robert Steven Smith, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Robert Steven Smith seeks to appeal the district court’s order dismissing as untimely his petition filed under 28 U.S.C. § 2254 (2000). An appeal may not be taken from the final order in a habeas corpus proceeding unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue for claims addressed by a district court absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. SeeMiller-El v. Cockrell , 537 U.S. 322, 336 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683 (4th Cir. 2001). We have independently reviewed the record and conclude that Smith has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
UNITED
STATES


SECURITIES
AND EXCHANGE COMMISSION


WASHINGTON,
D.C.  20549





FORM
8-K





CURRENT
REPORT


PURSUANT
TO SECTION 13 OR 15(d) OF THE


SECURITIES
EXCHANGE ACT OF 1934





Date of
report (Date of earliest event reported):  February 3,
2009





COACHMEN
INDUSTRIES, INC.


(Exact
name of registrant as specified in its charter)





INDIANA
            
            1-7160
            
            35-1101097(State
      or other jurisdiction
            
            (Commission
      File Number)
            
            (I.R.S.
      Employerof
      incorporation or organization)
            
            
            
            Identification
      No.)2831
      Dexter Drive, Elkhart, Indiana
            
            
            
            46514(Address
      of Principal Executive Offices)
            
            
            
            (Zip
      Code)(574)
      266-2500(Registrant’s
      telephone number,including
      area code)N /
      A(Former
      Name or Former Address,if
      Changed Since Last Report)





Check the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:





□
            Written
      communications pursuant to Rule 425 under the Securities Act (17 CFR
      230.425)□
            Soliciting
      material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
      240.14a-12)□
            Pre-commencement
      communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
      240.14d-2(b))□
            Pre-commencement
      communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
      240.13e-4(c))








ITEM
2.02  RESULTS OF OPERATIONS AND FINANCIAL CONDITION





On
February 3, 2009, Coachmen Industries, Inc. held its fourth quarter analyst
conference call, and a copy of the prepared remarks of the executive officers of
the Registrant is attached as Exhibit 99.1 to this Form 8-K and incorporated by
reference herein.





ITEM
7.01  REGULATION FD DISCLOSURE





See "Item
2.02. Results of Operations and Financial Condition" which is incorporated by
reference in this Item 7.01.





ITEM
9.01  FINANCIAL STATEMENTS AND EXHIBITS





(d)  The
following exhibit is furnished as a part of this Report:








99.1  Fourth
Quarter 2008 Conference Call Prepared Remarks dated February 3,
2009








SIGNATURE





Pursuant
to the requirements of the Securities Exchange Act of 1934, as amended, the
Registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.





COACHMEN
INDUSTRIES, INC.








Date:
            February
      3, 2009
            
            By:
            /s/
      Thomas P. GehlThomas
      P. Gehl, SecretaryPrinted
      Name and Title
<PAGE>






                      CONSENT OF INDEPENDENT ACCOUNTANTS
                      ----------------------------------


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-47028) and on Forms S-8 (Nos. 333-47786,
333-47788, 333-47790, and 333-47860) of APW Ltd. of our report dated September
26, 2000 relating to the financial statements, and of our report dated September
26, 2000 relating to the financial statement schedules, which appear in this
Form 10-K.

PricewaterhouseCoopers LLP

Milwaukee, Wisconsin
October 19, 2000
### §12711. Protection of State and local authority

Notwithstanding any other provision of this subchapter or subchapter II, the Secretary shall not establish any criteria for allocating or denying funds made available under programs administered by the Secretary based on the adoption, continuation, or discontinuation by a jurisdiction of any public policy, regulation, or law that is (1) adopted, continued, or discontinued in accordance with the jurisdiction's duly established authority, and (2) not in violation of any Federal law.

(Pub. L. 101–625, title I, §111, Nov. 28, 1990, 104 Stat. 4093.)
##### 



Exhibit 32.3 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 Annual Report of Endeavour International Corporation (the Company) on
Form 10-K as amended by Amendment No. 2 on Form 10-K/A for the annual period ended December 31,
2004 (the Report), as filed with the Securities and Exchange Commission on the date hereof, I,
Robert L. Thompson, Chief Accounting 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, as amended; and 2. The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company. /s/ Robert L. ThompsonRobert L. ThompsonChief Accounting Officer
 May 5, 2005 A signed original of this written statement required by Section 906 has been provided to
Endeavour International Corporation and will be retained by Endeavour International Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
#### Leo Nemore, Respondent, v. Commodore Swan Lake Operating Corp., Appellant.

In an action to recover damages for personal injuries, order denying defendant’s motion to change the place of trial from Kings County to Sullivan County, on the ground that the convenience of the greater number of witnesses and the ends of justice will be promoted thereby, affirmed, without costs. No opinion. Nolan, P. J., Carswell, Adel, MacCrate and Beldoek, JJ., concur.
### **CHAPTER 63A—RESIDENTIAL LEAD-BASED PAINT HAZARD REDUCTION**

Sec.
4851.
Findings.
4851a.
Purposes.
4851b.
Definitions.

#### SUBCHAPTER I—LEAD-BASED PAINT HAZARD REDUCTION

4852.
Grants for lead-based paint hazard reduction in target housing.
4852a.
Task force on lead-based paint hazard reduction and financing.
4852b.
National consultation on lead-based paint hazard reduction.
4852c.
Guidelines for lead-based paint hazard evaluation and reduction activities.
4852d.
Disclosure of information concerning lead upon transfer of residential property.

#### SUBCHAPTER II—WORKER PROTECTION

4853.
Worker protection.
4853a.
Coordination between Environmental Protection Agency and Department of Labor.

#### SUBCHAPTER III—RESEARCH AND DEVELOPMENT

#### Part 1—HUD Research

4854.
Research on lead exposure from other sources.
4854a.
Testing technologies.
4854b.
Authorization.

#### Part 2—GAO Report

4855.
Federal implementation and insurance study.

#### SUBCHAPTER IV—REPORTS

4856.
Reports of Secretary of Housing and Urban Development.
### **CHAPTER 53—ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS**

Sec.
4271.
Establishment.
4272.
Declaration of purpose.
4273.
Membership of Commission; appointment of members; term.
4274.
Organization of Commission.
4275.
Duties of Commission.
4276.
Powers and administrative provisions.
4277.
Compensation of members.
4278.
Authorization of appropriations.
4279.
Receipt of funds; consideration by Congress.

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

#### Continuation and Termination of Commission To Perform Contracts for Research on Social and Economic Impacts of Gambling

Pub. L. 104–328, §1, Oct. 19, 1996, 110 Stat. 4004, provided that the Advisory Commission on Intergovernmental Relations could continue in existence solely for the purpose of performing any contract entered into under section 7(a) of the National Gambling Impact Study Commission Act, Pub. L. 104–169, Aug. 3, 1996, 110 Stat. 1487, formerly set out in a note under section 1955 of Title 18, Crimes and Criminal Procedure, and would terminate on the date of the completion of such contract.

#### Appropriations; Unfunded Mandates; Termination of Advisory Commission on Intergovernmental Relations

Pub. L. 104–52, title IV, Nov. 19, 1995, 109 Stat. 480, provided in part that: "For necessary expenses of the Advisory Commission on Intergovernmental Relations, $784,000, of which $334,000 is to carry out the provisions of Public Law 104–4 [see Short Title note set out under section 1501 of Title 2, The Congress], and of which $450,000 shall be available only for the purposes of the prompt and orderly termination of the Advisory Commission on Intergovernmental Relations."