alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Emma F. Service, Respondent, v. Emanuel A. Garcia, Appellant.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that the trial court erred in excluding the testimony which tended to show a satisfaction and ademption of the legacy during the lifetime of the testatrix, and holding as a matter of law at the close of the evidence that the plaintiff was entitled to recover the full amount of her legacy. While the testimony was not competent for the purpose of showing a revocation or modification of the will, it should have been received upon the question of satisfaction and ademption of the legacy. All concur.
#### § 232.08 Event of Default; Application for Compensation; payment.

At any time after an Event of Default, as this term is defined in an Eligible Note, any Noteholder hereunder, or the Fiscal Agent on behalf of a Noteholder hereunder, may file with USAID an Application for Compensation in the form provided in Appendix A to this part. USAID shall pay or cause to be paid to any such Applicant any compensation specified in such Application for Compensation that is due to the Applicant pursuant to the Guarantee as a Loss of Investment not later than the Guarantee Payment Date. In the event that USAID receives any other notice of an Event of Default, USAID may pay any compensation that is due to any Noteholder pursuant to a Guarantee, whether or not such Noteholder has filed with USAID an Application for Compensation in respect of such amount.
#### The People of the State of New York, Respondent, v Linda Durant, Appellant.

[715 NYS2d 342]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered April 19, 1999, convicting her of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish her guilt of burglary in the second degree is unpreserved for appellate review *(see,*CPL 470.05 [2]; *People v Gray,*86 NY2d 10; *People v Udzinski,*146 AD2d 245). In any event, viewing the evidence in the light most favorable to the People *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not *326against the weight of the evidence *(see,*CPL 470.15 [5]). Ritter, J. P., Santucci, Krausman and Smith, JJ., concur.
### §§3789a to 3789c. Repealed. Pub. L. 98–473, title II, §609B(e), Oct. 12, 1984, 98 Stat. 2093

Section 3789a, Pub. L. 90–351, title I, §812, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1205, authorized consultations with other Federal, State, and local officials.

Section 3789b, Pub. L. 90–351, title I, §813, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1205, provided for reimbursement authority and authorized use of grants, contracts, or cooperative agreements under chapter 63 of title 31. See section 10226(c) of Title 34, Crime Control and Law Enforcement.

Section 3789c, Pub. L. 90–351, title I, §814, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1205, provided for employment of services of experts and consultants and appointment of advisory committees. See section 10226(d) to (f) of Title 34, Crime Control and Law Enforcement.

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

#### Effective Date of Repeal

Repeal effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Effective Date note under section 10101 of Title 34, Crime Control and Law Enforcement.
### §5046. Labor standards for federally assisted projects, buildings, and works

All laborers and mechanics employed by contractors or subcontractors in the construction, alteration or repair, including painting and decorating of projects, buildings and works which are federally assisted under this chapter shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Number 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and in section 3145 of title 40.

(Pub. L. 93–113, title IV, §406, Oct. 1, 1973, 87 Stat. 410.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 93–113, Oct. 1, 1973, 87 Stat. 394, known as the Domestic Volunteer Service Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 4950 of this title and Tables.

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

#### Codification

In text, "sections 3141–3144, 3146, and 3147 of title 40" substituted for "the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a–5)" and "section 3145 of title 40" substituted for "section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, ch. 492, as amended; 40 U.S.C. 276c)", 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.
[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Page 75345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27542]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--ANSI Accredited Standards Committee ``Z535''

    Notice is hereby given that, on September 17, 2004, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), ANSI Accredited Standards 
Committee ``Z535'' (``Z535 Committee''), by its Secretariat, National 
Electrical Manufacturers Association (``NEMA''), has filed written 
notifications simultaneously with the Attorney General and the Federal 
Trade Commission disclosing (1) the name and principal place of 
business of the standards development organization and (2) the nature 
and scope of its standards development activities. The notifications 
were filed for the purpose of invoking the Act's provisions limiting 
the recovery of antitrust plaintiffs to actual damages under specified 
circumstances.
    Pursuant to section 6(b) of the Act, the name and principal place 
of business of the standards development organization is: ANSI 
Accredited Standards Committee ``Z535'', Rosslyn, VA. The nature and 
scope of Z535 Committee's standards development activities are: To 
develop and maintain American National Standards related to safety 
signs and colors. Z535 Committee currently maintains six standards 
relating to the format of safety signs, labels and tags and the symbols 
and colors used on those signs. The standards developed by Z535 
Committee are published by NEMA.

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 04-27542 Filed 12-15-04; 8:45 am]
BILLING CODE 4410-11-M
#### The People of the State of New York, Respondent, v Carlos Juan Perez, Appellant.

Judgment, Supreme Court, New York County, rendered on January 12, 1976, unanimously affirmed. Application by appellant’s counsel to withdraw as counsel granted (see *Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833). No opinion. Concur—Lupiano, J. P., Birns, Evans and Markewich, JJ.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2447 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2447

     To extend the temporary suspension of duty on P-Phenylphenol.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

  Mr. Murphy introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
     To extend the temporary suspension of duty on P-Phenylphenol.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. P-PHENYLPHENOL.

    (a) In General.--Heading 9902.02.16 of the Harmonized Tariff 
Schedule of the United States (relating to P-Phenylphenol) is amended 
by striking ``12/31/2006'' and inserting ``12/31/2009''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
#### The People of the State of New York v. Joseph Scarola.

Order of this court entered on July 13, 1961, assigning Bernard Newman, Esq., as counsel for the defendant-appellant, is vacated, and Frederick H. Block, Esq., of 50 Broad Street, New York, N. Y., is assigned as counsel for defendant-appellant in the place and stead of Bernard Newman, Esq. Concur — Breitel, J. P., Yalente, McNally, Steuer and Bastow, JJ.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In re: YAN SUI,

 Debtor,

YAN SUI,

 Appellant,

 v.

RICHARD ALAN MARSHACK, Chapter

7 Trustee; et al.,

 Appellees.

No. 13-60020

BAP No. 12-1408

MEMORANDUM*

Appeal from the Ninth Circuit

Bankruptcy Appellate Panel

Kirscher, Pappas, and Dunn, Bankruptcy Judges, Presiding

Submitted June 25, 2014** 

Before: HAWKINS, TALLMAN, and NGUYEN, Circuit Judges.

FILED

JUL 7 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Yan Sui appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”)

dismissal as moot of Sui’s appeal from the bankruptcy court’s order granting the

bankruptcy trustee’s motion for approval of the settlement of four state court

actions. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo the

BAP’s mootness determination, Nat’l Mass Media Telecomm. Sys., Inc. v. Stanley

(In re Nat’l Mass Media Telecomm. Sys., Inc.), 152 F.3d 1178, 1180 (9th Cir.

1998), and we affirm.

The BAP properly dismissed Sui’s appeal as moot because the settlement

agreement had been consummated and most of the underlying state court lawsuits

had been dismissed with prejudice, rendering it inequitable to consider the merits

of Sui’s appeal. See Motor Vehicle Cas. Co. v. Thorpe Insulation Co. (In re

Thorpe Insulation Co.), 677 F.3d 869, 880-81 (9th Cir. 2012) (discussing equitable

mootness doctrine).

Because Sui’s appeal is moot, we do not consider his arguments on appeal

addressing the underlying merits.

We lack jurisdiction to consider the BAP’s orders denying Sui’s emergency

motion for a stay pending appeal and motion for reconsideration because Sui failed

to file a timely notice of appeal from those orders. See Fed. R. App. P. 4(a)(1),

6(b).

2 13-60020
Sui’s request for judicial notice, filed on July 19, 2013, is granted.

The trustee’s request to supplement the record on appeal and request for

judicial notice, filed on September 11, 2013, is granted.

AFFIRMED.

3 13-60020
#### § 519.410 Enforcement.

The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency.
United States District Court

For the Northern District of California

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

HALSEY MINOR,

Plaintiff,

 v.

CHRISTIE’S INC.,

Defendant. /

No. C 08-05445 WHA

ORDER TO JURY COMMISSIONER

IT IS HEREBY ORDERED that the United Sates District Court Jury Commissioner shall

furnish daily refreshments for the members of the jury in the above-entitled matter and during the

deliberation lunch shall be furnished for the members of the jury at the expense of the United States

District Court Jury Commissioner.

Dated: May 10, 2010 

WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-05445-WHA Document 95 Filed 05/10/10 Page 1 of 1
#### Kathleen Reece, Respondent, v. Bronx Post 95 War Veterans Memorial Association, Inc., Appellant.

Judgment unanimously reversed, on the law and on the facts, on the ground of the excessiveness of the recovery, and a new trial ordered, with costs to the appellant, unless the plaintiff stipulates to reduce the verdict to the sum of $23,000 in which event the judgment, as so modified, is affirmed, without costs. Settle order on notice. Concur — Botein, P. J., Rabin, Valente, McNally and Eager, JJ.
§ 1508.715 What notice does the suspending official give me if I am suspended? After deciding to suspend you, the suspending official promptly sends you a Notice of Suspension advising you— ( a ) That you have been suspended;
( b ) That your suspension is based on— ( 1 ) An indictment;
( 2 ) A conviction;
( 3 ) Other adequate evidence that you have committed irregularities which seriously reflect on the propriety of further Federal Government dealings with you; or
( 4 ) Conduct of another person that has been imputed to you, or your affiliation with a suspended or debarred person;
( c ) Of any other irregularities in terms sufficient to put you on notice without disclosing the Federal Government's evidence;
( d ) Of the cause(s) upon which we relied under § 1508.700 for imposing suspension;
( e ) That your suspension is for a temporary period pending the completion of an investigation or resulting legal or debarment proceedings;
( f ) Of the applicable provisions of this subpart, Subpart F of this part, and any other ADF procedures governing suspension decision making; and
( g ) Of the governmentwide effect of your suspension from procurement and nonprocurement programs and activities.
### §4991. Congressional statement of purpose

This part provides for special emphasis and demonstration volunteer programs, together with appropriate powers and responsibilities designed to assist in the development and coordination of such programs. The purpose of this part is to strengthen and supplement efforts to meet a broad range of needs, particularly those related to poverty, by encouraging and enabling persons from all walks of life and from all age groups to perform meaningful and constructive volunteer service in agencies, institutions, and organizations where the application of human talent and dedication may help to meet such needs. It is the further purpose of this part to provide technical and financial assistance to encourage voluntary organizations and volunteer efforts at the national, State, and local level.

(Pub. L. 93–113, title I, §121, Oct. 1, 1973, 87 Stat. 400; Pub. L. 98–288, §11, May 21, 1984, 98 Stat. 191; Pub. L. 111–13, title II, §2131, Apr. 21, 2009, 123 Stat. 1584.)

#### **Editorial Notes**

#### Amendments

2009—Pub. L. 111–13 substituted "organizations" for "situations" in second sentence.

1984—Pub. L. 98–288 struck out "human, social, and environmental" after "broad range of", and inserted at end "It is the further purpose of this part to provide technical and financial assistance to encourage voluntary organizations and volunteer efforts at the national, State, and local level."

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

#### Effective Date of 2009 Amendment

Amendment by Pub. L. 111–13 effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as a note under section 4950 of this title.
<PAGE>


                                                                 Exhibit 99(iii)

                                  Certification

                      STATEMENT OF CHIEF EXECUTIVE OFFICER
                            OF TICE TECHNOLOGY, INC.
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                    (S) 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Quarterly Report of Tice Technology, Inc. (the
"Company") on Form 10-QSB for the period ended December 31, 2002 as filed with
the Securities and Exchange Commission (the "Report"), I, Charles R. West,
President and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. (S) 1350, as adopted pursuant to (S) 906 of the Sarbanes-Oxley Act of
2002, that, to my knowledge:

     1)   The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities and 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.

     Date: February 6, 2003
                                        /s/ Charles R. West
                                        ----------------------------------------
                                        Charles R. West, President and Chief
                                          Executive Officer
### §4391. Congressional statement of findings

The Congress finds that there is general agreement that air, water, and other common environmental pollution may be hazardous to the health of individuals resident in the United States, but that despite the existence of various research papers and other technical reports on the health hazards of such pollution, there is no authoritative source of information about (1) the nature and gravity of these hazards, (2) the availability of medical and other assistance to persons affected by such pollution, especially when such pollution reaches emergency levels, and (3) the measures, other than those relating solely to abatement of the pollution, that may be taken to avoid or reduce the effects of such pollution on the health of individuals.

(Pub. L. 91–515, title V, §501(a), Oct. 30, 1970, 84 Stat. 1309.)
### §3796gg–4. Transferred

#### **Editorial Notes**

#### Codification

Section 3796gg–4 was editorially reclassified as section 10449 of Title 34, Crime Control and Law Enforcement.
<PAGE>




                                                                    EXHIBIT 31.2

                                  CERTIFICATION

I, Richard A. Tonges, Chief Financial Officer, certify that:


1. I have reviewed this quarterly report on Form 10-Q of Janus Hotels and
Resorts, Inc.;


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. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

a) Designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;

b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures 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 our conclusions about the effectiveness of
the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons performing the equivalent function):

a) All significant deficiencies 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. The registrant's other certifying officer and 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 14, 2003


/s/ Richard A. Tonges
----------------------------------------------
Richard A. Tonges
Chief Financial Officer
Exhibit 32(i)



Certification



STATEMENT OF CHIEF EXECUTIVE OFFICER

OF TICE TECHNOLOGY, INC.

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Tice
Technology, Inc. (the Company) on Form 10-QSB for the period ended June 30, 2003 as filed with the Securities and Exchange Commission (the Report), I, Charles R. West, President and Chief Executive 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, to my knowledge:



| | 1) |  | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and 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.
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



Date: August 14, 2003



/s/ Charles R. WestCharles R. West, President and ChiefExecutive Officer
### §300t–14. Authorization of appropriations

To make payments under grants under sections 300t–12 and 300t–13 of this title there are authorized to be appropriated $30,000,000 for the fiscal year ending September 30, 1980, $50,000,000 for the fiscal year ending September 30, 1981, and $75,000,000 for the fiscal year ending September 30, 1982, except that in any fiscal year not more than 10 percent of the amount appropriated under this section may be obligated for grants under section 300t–13 of this title.

(July 1, 1944, ch. 373, title XVI, §1644, as added Pub. L. 96–79, title III, §301(a), Oct. 4, 1979, 93 Stat. 640.)