alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 230.437a Written consents. ( a ) This section applies only to registrants that: ( 1 ) Are not a “blank check company” as defined in § 230.419(a)(2); and
( 2 ) Are filing a registration statement containing financial statements in which Arthur Andersen LLP (or a foreign affiliate of Arthur Andersen LLP) had been acting as the independent public accountant.
( b ) Notwithstanding any other Commission rule or regulation, every registrant eligible to rely on this section may dispense with the requirement for the registrant to file the written consent of Arthur Andersen LLP (or a foreign affiliate of Arthur Andersen LLP) as required by Section 7 of the Act (15 U.S.C. 77g) where: ( 1 ) The registrant has not already obtained the written consent that would be required if not for this section;
( 2 ) The registrant is not able to obtain the written consent after reasonable efforts; and
( 3 ) The registrant discloses clearly any limitations on recovery by investors posed by the lack of consent.
[67 FR 13537, Mar. 22, 2002]
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access to publicationsin the archive is available through GPO's suite of cataloging and locatorservices, including the Catalog of U.S. Government Publications (CGP). Archived copies of publications are retrieved in the event that publicationsare no longer available from the original publishing agency site. 
**Title:****Sixteenth census of the UnitedStates: 1940: population: nativity and parentage of the white population:mother tongue, by nativity, parentage, country of origin, and age, for statesand large cities**
 
Parts: 0102
 
SuDoc Number:C 3.940-2:P 81/21
Item Number:0198 (online)
CGP systemNumber:001104571
 
August 21, 2019
#### In the Matter of the Probate of the Will of Anna M. Meskill, Deceased. William Owens, Respondent; Ervia Van Wie, Appellant.

Decree affirmed, with costs to the respondent payable out of the estate. All concur. (Appeal from a decree admitting a will to probate.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41278

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

BERNABE TAPIA-OSORIO,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:15-CR-265-1

Before REAVLEY, ELROD, and HAYNES, Circuit Judges.

PER CURIAM:*

Appealing the judgment in a criminal case, Bernabe Tapia-Osorio raises 

an argument that is foreclosed by United States v. Martinez-Lugo, 782 F.3d 

198, 204-05 (5th Cir.), cert. denied, 136 S. Ct. 533 (2015). In Martinez-Lugo, 

782 F.3d at 204-05, we held that an enhancement under U.S.S.G. 

§ 2L1.2(b)(1)(A)(i) for a prior felony conviction of a drug trafficking offense is 

warranted regardless whether the conviction for the prior offense required 

 

* 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

Fifth Circuit

FILED

April 20, 2016

Lyle W. Cayce

Clerk

 Case: 15-41278 Document: 00513472193 Page: 1 Date Filed: 04/20/2016
No. 15-41278

2

proof of remuneration or commercial activity. Accordingly, the motion for 

summary disposition is GRANTED, and the judgment of the district court is 

AFFIRMED.

 Case: 15-41278 Document: 00513472193 Page: 2 Date Filed: 04/20/2016
Power of Attorney


Know all by these presents, that the undersigned (the "Reporting Person")
hereby constitutes and appoints each of Melanie A. DeMorrow, Assistant Vice
President-Shareholder Relations; Richard M. Lavers, Secretary; Joseph P.
Tomczak, Executive Vice President & C.F.O.; Kathy Samovitz, Associate
Counsel; and Jessica L. Long, Assistant Secretary,  signing singly, as the
Reporting Person's true and lawful attorney-in-fact, to:

(1) execute for and on behalf of the Reporting Person, in the Reporting
Person's capacity as an officer or trustee of Coachmen Industries, Inc.
(the "Company"), Forms 3, 4, and 5 and such other similar forms as may be
required for filing in accordance with Section 16(a) of the Securities
Exchange Act of 1934, or the Sarbanes-Oxley Act of 2002, and the rules
thereunder;

(2) do and perform all acts for and on behalf of the Reporting Person
which may be necessary or desirable to complete and execute any such forms
and timely file such forms with the United States Securities and Exchange
Commission and any stock exchange or similar authority or other federal
agency; and

(3) take any other action of any type whatsoever in connection with the
foregoing which, in the opinion of such attorney-in-fact, may be of benefit
to, and in the best interest of, or legally required by, the Reporting
Person.

The Reporting Person hereby grants to each such attorney-in-fact full power and
authority to do and perform any and every act and thing whatsoever requisite,
necessary, or proper to be done in the exercise of any of the rights and powers
herein granted, as fully to all intents and purposes as the Reporting Person
might or could do if personally present, with full power of substitution or
revocation, hereby ratifying and confirming all that such attorney-in-fact, or
such attorney-in-facts substitute or substitutes, shall lawfully do or cause to
be done by the virtue of this Power of Attorney and the rights and powers
herein granted.  The Reporting Person acknowledges that the foregoing
attorneys-in fact, in serving in such capacity at the request of the Reporting
Person, are not assuming, nor is the company assuming, any of the Reporting
Persons responsibilities to comply with any of the above specified laws or
regulations.

This Power of Attorney shall remain in full force and effect until the
Reporting Person is no longer required to file such forms with respect to the
Reporting Person's holdings of and transactions in securities issued by the
Company, unless earlier revoked by the Reporting Person in a signed writing
delivered to the Secretary of  the Company.

IN WITNESS WHEREOF, the Reporting Person has caused this Power of Attorney to
be executed as of this 14th day of June, 2004.



						s/Matthew J. Schafer
**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 MarkWestHydrocarbon, Inc. (the “Company”), on Form 10-Q for the period ending September30, 2003 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Donald C. Heppermann, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 ofthe Sarbanes-Oxley Act of 2002, that:

 

(1)   The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934.

 

(2)        The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| /s/ Donald C. Heppermann |   |
|--------------------------|--------|
|                     |
| Donald C.  Heppermann    |
| Chief  Financial Officer |
| November 13, 2003        |

 

----
§ 1305.8 Restrictions that apply to testimony. ( a ) The General Counsel may impose conditions or restrictions on the testimony of MCC employees including, for example, limiting the areas of testimony or requiring the requester and other parties to the legal proceeding to agree that the transcript of the testimony will be kept under seal or will only be used or made available in the particular legal proceeding for which testimony was requested. The General Counsel may also require a copy of the transcript of testimony at the requester's expense.
( b ) MCC may offer the employee's declaration in lieu of testimony, in whatever form the court finds acceptable.
( c ) If authorized to testify pursuant to this part, an employee may testify to relevant unclassified materials or information within his or her personal knowledge, but, unless specifically authorized to do so by the General Counsel, the employee shall not: ( 1 ) Disclose confidential or privileged information; or
( 2 ) For a current MCC employee, testify as an expert or opinion witness with regard to any matter arising out of the employee's official duties or the functions of MCC, unless testimony is being given on behalf of the United States.
### §14304. Enforcement

#### (a) Civil penalty

When on the basis of any information the Administrator determines that a person has violated, or is in violation of, any requirement of this chapter (except a requirement of section 14323 of this title) the Administrator—

(1) in the case of any violation, may issue an order assessing a civil penalty of not more than $10,000 for each violation, or requiring compliance immediately or within a reasonable specified time period, or both; or

(2) in the case of any violation or failure to comply with an order issued under this section, may commence a civil action in the United States district court in the district in which the violation occurred or in the district in which the violator resides for appropriate relief, including a temporary or permanent injunction.

#### (b) Contents of order

An order under subsection (a)(1) shall state with reasonable specificity the nature of the violation.

#### (c) Considerations

In assessing a civil penalty under subsection (a)(1), the Administrator shall take into account the seriousness of the violation and any good faith efforts to comply with applicable requirements.

#### (d) Finality of order; request for hearing

An order under subsection (a)(1) shall become final unless, not later than 30 days after the order is served, a person named in the order requests a hearing on the record.

#### (e) Hearing

On receiving a request under subsection (d), the Administrator shall promptly conduct a hearing on the record.

#### (f) Subpoena power

In connection with any hearing on the record under this section, the Administrator may issue subpoenas for the attendance and testimony of witnesses and for the production of relevant papers, books, and documents.

#### (g) Continued violation after expiration of period for compliance

If a violator fails to take corrective action within the time specified in an order under subsection (a)(1), the Administrator may assess a civil penalty of not more than $10,000 for the continued noncompliance with the order.

#### (h) Savings provision

The Administrator may not take any enforcement action against a person for selling, offering for sale, or offering for promotional purposes to the ultimate consumer a battery or product covered by this chapter that was—

(1) purchased ready for sale to the ultimate consumer; and

(2) sold, offered for sale, or offered for promotional purposes without modification.

The preceding sentence shall not apply to a person—

(A) who is the importer of a battery covered by this chapter, and

(B) who has knowledge of the chemical contents of the battery

when such chemical contents make the sale, offering for sale, or offering for promotional purposes of such battery unlawful under subchapter III of this chapter.

(Pub. L. 104–142, §5, May 13, 1996, 110 Stat. 1331.)
§ 1007.7 Coordinating offset with another Federal agency. ( a ) *The Inter-American Foundation as the creditor agency.* ( 1 ) When the President determines that an employee of another federal agency owes a delinquent debt to the Inter-American Foundation, the President shall as appropriate: ( i ) Arrange for a hearing upon the proper petitioning by the employee;
( ii ) Certify to the paying agency in writing that the employee owes the debt, the amount and basis of the debt, the date on which payment is due, the date the Government's right to collect the debt accrued, and that Foundation regulations for salary offset have been approved by the Office of Personnel Management;
( iii ) If collection must be made in installments, the President must advise the paying agency of the amount or percentage of disposable pay to be collected in each installment;
( iv ) Advise the paying agency of the actions taken under 5 U.S.C. 5514(b) and provide the dates on which action was taken unless the employee has consented to salary offset in writing or signed a statement acknowledging receipt of procedures required by law. The written consent or acknowledgment must be sent to the paying agency;
( v ) If the employee is in the process of separating, the Foundation must submit its debt claim to the paying agency as provided in this part. The paying agency must certify any amounts already collected, notify the employee, and send a copy of the certification and notice of the employee's separation to the Inter-American Foundation. If the paying agency is aware that the employee is entitled to payments from the Civil Service Retirement and Disability Fund or similar payments, it must certify to the agency responsible for making such payments the amount of the debt and that the provisions of 5 CFR 550.1108 have been followed; and
( vi ) If the employee has already separated and all the payments due from the paying agency have been paid, the President may request unless otherwise prohibited, that money payable to the employee from the Civil Service Retirement and Disability Fund or other similar funds be collected by administrative offset.
( b ) *The Foundation as the paying agency.* ( 1 ) Upon receipt of a properly certified debt claim from another agency, deductions will be scheduled to begin at the next established pay interval. The employee must receive written notice that the Inter-American Foundation has received a certified debt claim from the creditor agency, the amount of the debt, the date salary offset will begin, and the amount of the deduction(s). The Inter-American Foundation shall not review the merits of the creditor agency's determination of the validity or the amount of the certified claim.
( 2 ) If the employee transfers to another agency after the creditor agency has submitted its debt claim to the Inter-American Foundation and before the debt is collected completely, the Inter-American Foundation must certify the total amount collected. One copy of the certification must be furnished to the employee. A copy must be furnished to the creditor agency with notice of the employee's transfer.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 2094** 

COURTNAY T. BRISSETT; LADWIN BRISSETT , Plaintiffs

- Appellants ,
v. CRAVEN COUNTY; CITY OF NEW BERN; FIDELITY NATIONAL TITLE INSURANCE COMPANY; SUMRELL, SUGG, CARMICHAEL, HICKS & HART, P.A.; WARD AND SMITH, P.A. , Defendants

- Appellees
.

Appeal from the United States District Court for the Eastern District of North Carolina , at Greenville
. James C. Dever, III , Chief District Judge. ( 4:14

- cv - 00179

- D )

Submitted : February 25 , 2015 Decided: March 3, 2015
Before NIEMEYER, KING, and THACKER, Circuit Judges
.
Affirmed by un published per curiam opinion
. Courtnay T. Brissett; Ladwin Brissett, Appellants Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Courtn a y T. and Ladwin Brissett appeal the district
court ’ s order dismissing their civil action under 28 U.S.C.
§ 1915(e)(2)(B) (20 12 ). We have reviewed the record and find no reversible error. Accordingly, we af firm for the reasons stated by the district court. Brissett v. Craven Cnty. , No. 4:14

- cv 00179

- D (E.D.N.C. Sept. 26, 2014) . We deny the Brissetts’ motion for injunctive relief pending appeal and dispense with oral argument because the facts and legal con tentions are adequately presented in the materials before th is court and argument would not aid the decisional process.

AFFIRMED
§ 129.9 Guidance. ( a ) Any person desiring guidance on whether an activity constitutes a brokering activity within the scope of this part 129 may request in writing guidance from the Directorate of Defense Trade Controls. The request for guidance shall identify the applicant and registrant code (if applicable) and describe fully the activities that will be undertaken, including: ( 1 ) The specific activities to be undertaken by the applicant and any other U.S. or foreign person;
( 2 ) The name, nationality, and geographic location of all U.S. and foreign persons who may participate in the activities;
( 3 ) A description of each defense article or defense service that may be involved, including: ( i ) The U.S. Munitions List category and sub-category for each article;
( ii ) The name or military nomenclature of each defense article;
( iii ) Whether the defense article is significant military equipment;
( iv ) Estimated quantity of each defense article;
( v ) Estimated U.S. dollar value of defense articles and defense services; and
( vi ) Security classification;
( 4 ) End-user and end-use; and
( 5 ) A copy of any agreement or documentation, if available, between or among the requester and other persons who will be involved in the activity or related transactions that describes the activity to be taken by such persons.
( b ) If at the time of submission certain information is not yet available, this circumstance must be stated and explained. The Directorate of Defense Trade Controls will take the completeness of the information into account in providing guidance on whether the activities constitute brokering activities. The guidance will constitute an official determination by the Department of State. The guidance shall not substitute for approval when required under § 129.4.
( c ) Persons desiring guidance on other aspects of this part may also request guidance from the Directorate of Defense Trade Controls in a similar manner by submitting a description of the relevant facts or copies of relevant documentation.
[78 FR 52693, Aug. 26, 2013]
================================================================================

[PORTIONS OF THIS EXHIBIT HAVE BEEN REDACTED PURSUANT TO A REQUEST FOR
CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE
COMMISSION.]

                                  APPENDIX A-8

                                    PRODUCTS


Product Name:     Denise Austin Pilates  - AB-108N

Product Description: Yoga Trainer Product

Projected Units Sold next 24 months: XXXXXX

Manufacturer:     CirTran-Asia

Sub-Manufacturer: Zhejiang Hengtai Machinary Manufacturing Co., Ltd

Marketing Partner Contact Info:     Tri-Star


Current Sale Price: $XXXXXX USD - CIRTRAN-ASIA

Current Cost to Manufacturer:       $XXXXXX USD

Total Tooling/Development Costs:    $20,000 USD

Gross Profit Margin Per Unit - $XXXXXX

CirTran-Asia               $ 0.30 USD
Charles Ho                 $ 0.95 USD

Denise Austin Pilates Stock Option Schedule

Upon full execution of this Agreement, Cirtran's parent CirTran Corporation will
issue the following options to purchase restricted common stock:

                  Charles Ho                500,000 shares

These initial options will vest and be exercisable only after Cirtran has sold
200,000 Denise Austin Pilates units. The options will be exercisable at $.06 per
share after vesting. The options will expire and will no longer be exercisable
on the date one year after the date hereof.

In addition, for each whole multiple of 100,000 Denise Austin Pilates units sold
by Cirtran during the first 24 months of this Agreement in excess of the initial
200,000 units, CirTran Corporation will grant Charles Ho an option to purchase
100,000 shares. Each such additional option will be exercisable for a period of
12 months at an exercise price equal to the fair market value of CirTran
Corporation stock on the date of grant (i.e. the mean between the high bid and
low asked prices for the stock for the date of determination).



As a condition to grant of the options, each option holder will be required to
make standard investment representations to CirTran Corporation.

[XXXXX - REDACTED PURSUANT TO REQUEST FOR CONFIDENTIAL TREATMENT FILED WITH THE
SECURITIES AND EXCHANGE COMMISSION.]



--------------------------------------------------------------------------------
### §11320. Encouragement of State involvement

#### (a) State contact persons

Each State shall designate an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council, including the bimonthly bulletin described in section 11313(a)(7) 1 of this title.

#### (b) State interagency councils and lead agencies

Each State is encouraged to establish a State interagency council on the homeless or designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating and interacting with the Council and State and local agencies as necessary.

(Pub. L. 100–77, title II, §210, as added Pub. L. 100–628, title II, §206(a), Nov. 7, 1988, 102 Stat. 3229.)

#### **Editorial Notes**

#### References in Text

Par. (7) of section 11313(a) of this title, referred to in subsec. (a), was redesignated par. (11) of section 11313(a) by Pub. L. 111–22, div. B, §1004(a)(3)(A), May 20, 2009, 123 Stat. 1667.

1 See References in Text note below.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED FEBRUARY 22, 2013

NO. 03-11-00741-CR

Everett Rainey, Appellant

v.

The State of Texas, Appellee

APPEAL FROM 421ST DISTRICT COURT OF CALDWELL COUNTY

BEFORE JUSTICES PURYEAR, PEMBERTON AND FIELD

AFFIRMED -- OPINION BY JUSTICE FIELD

THIS CAUSE came on to be heard on the record of the court below, and the same being 

considered, because it is the opinion of this Court that there was no error in the trial court’s 

judgment: IT IS ORDERED, ADJUDGED AND DECREED by the Court that the judgment 

of the trial court is in all things affirmed; and it appearing that the appellant is indigent and 

unable to pay costs, that no adjudication as to costs is made; and that this decision be certified 

below for observance.
### §1973n. Transferred

#### **Editorial Notes**

#### Codification

Section 1973n was editorially reclassified as section 10311 of Title 52, Voting and Elections.
#### The People of the State of New York, Respondent, v. Lisle Goodridge, Appellant.

No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Shientag, JJ.