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

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 December 12, 2006

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 06-12962

Non-Argument Calendar

________________________

D.C. Docket No. 05-00289-CR-CG

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

YAKUBU HOWARD,

Defendant-Appellant.

__________________________

Appeal from the United States District Court for the

Southern District of Alabama

_________________________

(December 12, 2006)

Before BIRCH, BLACK and MARCUS, Circuit Judges

PER CURIAM:

Kristen Gartman Rogers, appointed counsel for Yakubu Howard in this

direct criminal appeal, has moved to withdraw from further representation of the

appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct.
2

1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals

that counsel’s assessment of the relative merit of the appeal is correct. Because

independent examination of the entire record reveals no arguable issues of merit,

counsel’s motion to withdraw is GRANTED, and Howard’s conviction and

sentence are AFFIRMED.
#### Pasquale Zurica, an Infant, by His Guardian ad Litem, Frank Zurica, et al., Appellants, v. Board of Education of the City of New York, Respondent.

In our opinion, the record presented questions of fact as to defendant’s negligence and the infant plaintiff’s freedom from contributory negligence. (Cf. *Bradley*v. *Board of Educ. of City of Oneonta,*247 App. Div. 833, affd. 274 N. Y. 473, and *Burtis*v. *Board of Educ. of City of New York,*274 App. Div. 802.) Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ., concur.
### §2000h–6. Separability

If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

(Pub. L. 88–352, title XI, §1106, July 2, 1964, 78 Stat. 268.)

#### **Editorial Notes**

#### References in Text

This Act and the Act, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, known as the Civil Rights Act of 1964, which is classified principally to subchapters II to IX of this chapter (§2000a et seq.). For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
EXHIBIT
      10.2

    


    


    HUNTER
      GOLD MINING CORP.

    


    P.O.
      BOX
      2460, STATION “R”, KELOWNA, B.C. V1X 6A5

    


    PHONE
      (250) 765-3155       FAX
      (250)
      765-4420

    


    


    December
      31, 2005        

    


    


    


    Wits
      Basin Precious Minerals Inc.

    80
      South
      8th
      Street,
      Suite 900

    Minneapolis,
      Mn 55402-8773

    


    Dear
      Sirs:

    


    Re:
      Option Agreement

    


    Regarding
      the Option Agreement and subsequent amendments made in writing, subject to
      other
      provisions herein, we are prepared to grant further extensions as
      follows:

    


    The
      required dates for completion of the Schedule “A” O’Gorman Report work
      program:

    


    	1.  	
            completion
              of Phase I extended from December 31, 2005 to June 30,
              2006,

          


    	2.  	
            completion
              of Phase II extended from April 30, 2006 to October 31, 2006, and
              

          


    	3.  	
            the
              closing date extended from May 31, 2006 to on or before November 30,
              2006.

          


    


    The
      Purchase Price is revised to $4,600,000 Canadian funds. 

    


    All
      other
      terms and conditions remain the same, except as to expressly amended and agreed
      to in writing by Hunter Gold Mining Corp.

    


    Please
      acknowledge your agreement by signing where indicated below and returning a
      copy
      of this letter to us.
      We trust
      you shall find this in order.

    


    Yours
      truly,

    


    Hunter
      Gold Mining Corp. 

    


    
      	
              /s/
                George Otten

            


    

    


    


    Acknowledged
      and Accepted by Wits Basin Precious Minerals Inc.

    


    
      	
              /s/
                Mark D. Dacko, CFO, January 16,
                2006

            


    

    Authorized
      Signatory
#### § 1006.980 Participant.

*Participant* means any person who submits a proposal for or who enters into a covered transaction, including an agent or representative of a participant.
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 23-0010

_________________

IN THE MATTER OF:

D.Y.H-J and R.J.,

 A Youth in Need of Care.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable Elizabeth A. Best, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

July 12 2023

07/12/2023
#### § 37.1305 Valuation of financial resources.

No less than each fiscal quarter, a swap execution facility shall compute the current market value of each financial resource used to meet its obligations under §§ 37.1301 and 37.1303. Reductions in value to reflect market and credit risk (“haircuts”) shall be applied as appropriate.
tr-76 c.) 

CBIC Control Number 

363089 

8A8 P.O. Box 331, Millwood, VA 22646 (540) 837-1602 

Task Force 

December 18, 2014 

BY HAND 

Document Control Office 

Office of Pollution Prevention and Toxics 

Room 6428 

U.S. Environmental Protection Agency 

1200 Pennsylvania Ave., N.W. 

Washington, DC 20460 

Re: Testing Consent Order for Ethylene Dichloride; 

Interim Report (Docket No. OPPT-2003-0010) 

Dear Sirs: 

Enclosed in sextuplicate is the six-month interim report required under the Enforceable 

Consent Agreement for Ethylene Dichloride, 68 Fed. Reg. 33125 (June 3, 2003) (the "ECA"), 

as amended, describing the status of testing conducted or to be conducted under the ECA. 

Please do not hesitate to contact me if there is any question about this status report. 

Sincerely, 

Peter E. Voyte , Ph.D. 

Manager 

Enclosures 

cc: John E. Schaeffer 

W. Caffey Norman, Esq. 
DESCRIPTIO N 

Trigg ersnotmetforseco n dge ne ratio nevaluatio n 

Co m bined rep roductivetoxicitystudy in lifephase 

CATEGORY 

p. 2 

CV
§ 201.220 Answer to allegations. ( a ) *When required.* In its order instituting proceedings, the Commission may require any respondent to file an answer to each of the allegations contained therein. Even if not so ordered, any respondent in any proceeding may elect to file an answer. Any other person granted leave by the Commission or the hearing officer to participate on a limited basis in such proceedings pursuant to § 201.210(c) may be required to file an answer.
( b ) *When to file.* Except where a different period is provided by rule or by order, a respondent required to file an answer as provided in paragraph (a) of this section shall do so within 20 days after service upon the respondent of the order instituting proceedings. Persons granted leave to participate on a limited basis in the proceeding pursuant to § 201.210(c) may file an answer within a reasonable time, as determined by the Commission or the hearing officer. If the order instituting proceedings is amended, the Commission or the hearing officer may require that an amended answer be filed and, if such an answer is required, shall specify a date for the filing thereof.
( c ) *Contents; effect of failure to deny.* Unless otherwise directed by the hearing officer or the Commission, an answer shall specifically admit, deny, or state that the party does not have, and is unable to obtain, sufficient information to admit or deny each allegation in the order instituting proceedings. When a party intends in good faith to deny only a part of an allegation, the party shall specify so much of it as is true and shall deny only the remainder. A statement of a lack of information shall have the effect of a denial. Any allegation not denied shall be deemed admitted. A respondent must affirmatively state in the answer any avoidance or affirmative defense, including but not limited to res judicata and statute of limitations. In this regard, a respondent must state in the answer whether the respondent relied on the advice of counsel, accountants, auditors, or other professionals in connection with any claim, violation alleged or remedy sought. Failure to do so may be deemed a waiver.
( d ) *Motion for more definite statement.* A respondent may file with an answer a motion for a more definite statement of specified matters of fact or law to be considered or determined. Such motion shall state the respects in which, and the reasons why, each such matter of fact or law should be required to be made more definite. If the motion is granted, the order granting such motion shall set the periods for filing such a statement and any answer thereto.
( e ) *Amendments.* A respondent may amend its answer at any time by written consent of each adverse party or with leave of the Commission or the hearing officer. Leave shall be freely granted when justice so requires.
( f ) *Failure to file answer: Default.* If a respondent fails to file an answer required by this section within the time provided, such respondent may be deemed in default pursuant to § 201.155(a). A party may make a motion to set aside a default pursuant to § 201.155(b).
[81 FR 50234, July 29, 2016]
### §15062. Grant awards

#### (a) Existing Centers

#### (1) In general

In awarding and distributing grant funds under section 15061(a)of this title for a fiscal year, the Secretary, subject to the availability of appropriations and the condition specified in subsection (d), shall award and distribute grant funds in equal amounts of $500,000 (adjusted in accordance with subsection (b)), to each Center that existed during the preceding fiscal year and that meets the requirements of this part, prior to making grants under subsection (c) or (d).

#### (2) Reduction of award

Notwithstanding paragraph (1), if the aggregate of the funds to be awarded to the Centers pursuant to paragraph (1) for any fiscal year exceeds the total amount appropriated under section 15066 of this title for such fiscal year, the amount to be awarded to each Center for such fiscal year shall be proportionately reduced.

#### (b) Adjustments

Subject to the availability of appropriations, for any fiscal year following a year in which each Center described in subsection (a) received a grant award of not less than $500,000 under subsection (a) (adjusted in accordance with this subsection), the Secretary shall adjust the awards to take into account the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29 (if the percentage change indicates an increase), prior to making grants under subsection (c) or (d).

#### (c) National training initiatives on critical and emerging needs

Subject to the availability of appropriations, for any fiscal year in which each Center described in subsection (a) receives a grant award of not less than $500,000, under subsection (a) (adjusted in accordance with subsection (b)), after making the grant awards, the Secretary shall make grants under section 15061(b) of this title to Centers to pay for the Federal share of the cost of training initiatives related to the unmet needs of individuals with developmental disabilities and their families, as described in section 15063(b) of this title.

#### (d) Additional grants

For any fiscal year in which each Center described in subsection (a) receives a grant award of not less than $500,000 under subsection (a) (adjusted in accordance with subsection (b)), after making the grant awards, the Secretary may make grants under section 15061(a) of this title for activities described in section 15063(a) of this title to additional Centers, or additional grants to Centers, for States or populations that are unserved or underserved by Centers due to such factors as—

(1) population;

(2) a high concentration of rural or urban areas; or

(3) a high concentration of unserved or underserved populations.

(Pub. L. 106–402, title I, §152, Oct. 30, 2000, 114 Stat. 1719.)
#### Margaret Barish, Respondent, v. David B. Carmel, Appellant, et al., Defendant.

Order entered on January 23, 1962, denying motion to strike certain paragraphs of the complaint, unanimously modified by striking from the complaint paragraphs numbered Sixth through Tenth, inclusive; Fifteenth; Seventeenth; Twentieth to Thirty-seventh, inclusive; and Thirty-ninth; and as so modified, affirmed, with costs to appellant. In essence, the complaint pleads certain agreements by which plaintiffs previously delivered certain corporate stock and notes to defendants, upon a representation that the securities would be either returned or the notes paid to the extent of $32,500. This agreement was superseded by an agreement that if plaintiffs would continue in the employ of the said corporation until July, 1960 at the salaries they were then receiving, they would be paid $40,000 for the securities theretofore delivered. Suit is for the breach of this agreement and the damages are $40,000. Some of the stricken paragraphs recite agreements with other people similar to the original agreement with plaintiffs. The others recite facts appropriate to an action for fraud in inducing this agreement and for waste of the assets of the corporation concerned. The presence of these allegations could only tend to unnecessary extension of the trial and to confuse the issues. While it is true that motions of this character are not favored *(Manco Distrs.*v. *Bigelow-Sanford Carpet Co.,*11 A D 2d 1088, and see collation of authorities in *Hafnia Ham Co.*v. *Cheese Importing Co.,*13 Misc 2d 733), where the effect would be to raise collateral issues, the application should be entertained *(Murphy*v. *National City Bank,*203 App. Div. 571). Concur — Botein, P. J., Stevens, Eager, Steuer and Bergan, JJ. [33 Misc 2d 78.]
DIRECTV HOLDINGS LLC

Exhibit 32.1

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 the Quarterly Report of DIRECTV Holdings LLC (the "Corporation") on Form 10-Q for the
period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Chase Carey, President and Chief Executive Officer of the Corporation,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:



|                                                                             |  | 
|---------------------------------------------------------------------------- |  | 
|/s/ CHASE CAREY Chase Carey President and Chief Executive OfficerMay 7, 2009 |  | 

---



QuickLinks
###### Editorial Note on Part 260

#### Editorial Note:

Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 260.0-1 Application of definitions contained in the act.

Unless the context otherwise requires, the terms defined in the act shall, when used in the rules and regulations, have the respective meanings given in the act.
```

[115th Congress Public Law 367]
[From the U.S. Government Publishing Office]

[[Page 132 STAT. 5091]]

Public Law 115-367
115th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 241 N 4th Street in Grand Junction, Colorado, as the ``Deputy Sheriff 
   Derek Geer Post Office Building''. <<NOTE: Dec. 21, 2018 -  [H.R. 
                                6217]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DEPUTY SHERIFF DEREK GEER POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 241 N 4th Street in Grand Junction, Colorado, shall be known 
and designated as the ``Deputy Sheriff Derek Geer Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Deputy 
Sheriff Derek Geer Post Office Building''.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--H.R. 6217:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Nov. 29, considered and passed House.
            Dec. 12, considered and passed Senate.

                                  <all>
```
#### § 270.27c-1 [Reserved]
#### Yorktown Textile & Trimming Corp. et al., Respondents, v. London Assurance Company et al., Appellants.

Order, entered on May 31, 1960, denying defendants’ motion to vacate plaintiffs’ notice of examination before trial, unanimously reversed, on the law and on the facts, with $20 costs and disbursements to defendants-appellants, and defendants’ motion to vacate the plaintiffs’ notice of examination of defendants before trial granted, with $10 costs. In this case, where the information and knowledge of defendant companies with respect to matters relevant to the issues depend largely upon their investigation and work product, it was heretofore determined on a prior motion (Special Term, Steuer, J.) and properly so, in our opinion, that a notice of examination of defendants, general in form, embracing all the issues, was not proper or suitable. The court upon the determination of the prior motion gave plaintiff leave to serve “a new notice specifying the particular items on which examination is desired ”. The notice later served and the subject of the order appealed from is general and without proper specification of allowable items for an examination of defendants. Therefore, it should have been vacated. Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, JJ.
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.16a-12 Domestic relations orders.

The acquisition or disposition of equity securities pursuant to a domestic relations order, as defined in the Internal Revenue Code or Title I of the Employee Retirement Income Security Act, or the rules thereunder, shall be exempt from section 16 of the Act.

[61 FR 30393, June 14, 1996]
#### § 38.951 Additional sources for compliance.

A designated contract market must maintain such records, including trade records and investigatory and disciplinary files, in accordance with the requirements of § 1.31 of this chapter, and in accordance with part 45 of this chapter, if applicable.
Exhibit 31.1

                                  CERTIFICATION

            Pursuant to Section 302 of the Sarbanes Oxley Act of 2002

I, Carmine Stella, certify that:

1. I have reviewed this quarterly report on Form 10-Q of Capital Beverage
Corporation.;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and I have:

         a) designed such internal controls to ensure that material information
relating to the registrant and its subsidiaries (collectively, the "Company") is
made known to me by others within the Company, particularly during the period in
which this quarterly report is being prepared;

         b) evaluated the effectiveness of the registrant's internal controls as
of a date within 90 days prior to the filing date of this quarterly report (the
"Evaluation Date"); and

         c) presented in this quarterly report my conclusions about the
effectiveness of the disclosure controls and procedures based on my evaluation
as of the Evaluation Date;

5. I have disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of the registrant's board of directors:

         a) all significant deficiencies (if any) in the design or operation of
internal controls which could adversely affect the registrant's ability to
record, process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

         b) any fraud, whether or not material, that involves management or
other employees who have a significant role in the registrant's internal
controls; and

6. I have indicated in this quarterly report whether or not there were
significant changes in internal controls or in other factors that could
significantly affect internal controls subsequent to the date of our most recent
evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.

Date:  November 10, 2006         By:   /s/ Carmine N. Stella
                                       -----------------------------------------
                                       Carmine N. Stella
                                       President and Chief Executive Officer
                                       (Principal Executive Officer)
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

I, Richard C. Ford, Chief Executive Officer of Puradyn Filter Technologies
Incorporated ("the Company"), certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

      1.    The quarterly Report on Form 10-QSB of the Company for the quarter
            ended September 30, 2005 (the "Report") fully complies with the
            requirements of Section 13(a) of the Securities Exchange Act of 1934
            (15 U.S.C.78m); and

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

                                                  November 14, 2005

                                                  /s/ Richard C. Ford
                                                  ------------------------------
                                                  Name: Richard C. Ford
                                                  Title: Chief Executive Officer