alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Theodore P. Feury, as Executor of George H. Clark, Deceased, Respondent, against New York State Tax Commission, Appellant.

Appeal by the State Tax Commission from an order of the Supreme Court directing the commission to make a refund of a portion of an estate tax. Decedent died on September 20, 1955, and within six months thereafter his executor voluntarily paid an estimated estate tax of $1,800 to obtain the discount under section 249-z of the Tax Law. This payment in advance was not required, nor was it made pursuant to any Surrogate’s order fixing the tax. Subsequently, on January 24, 1957, the Surrogate made an order fixing the tax at $877.89. Petitioner applied for a refund on April 3, 1958, more than a year after the order was entered. The application was denied on the ground that it was not timely made under the provisions of section 249-aa of the Tax Law. Petitioner then sought and obtained an order from the Surrogate amending the original taxing order by increasing the tax in the amount of $4.37. Then petitioner made a new application for a refund, which was also denied on the ground that the application was not filed within one year from the date of the original order. The court below has ordered the commission to make the refund upon the authority of *Matter of Kern*v. *State Tax Comm.*(2 A D 2d 281). The *Kern*case was decided upon almost the exactly opposite circumstances. There the amended order reduced the tax fixed by the original order, and the court only held that the reduction, which became subject to a claim for refund only by virtue of the amended order, was controlled by the first paragraph of section 249-aa, and the time began to run upon the entry of the amended order. When the court said (p. 285), “The second paragraph of the section has nothing to do with an application for modification of the taxing order and the seeking of a refund upon the basis of the modification” it made it perfectly clear that only a “ refund upon the basis of the modification ” was considered. There had been no opportunity to claim such a refund until the entry of the amended order. Here the opportunity had existed since the entry of the original order, and the time begins to run from that date. We deem it unnecessary to quote section 249-aa in full because is is not only available in the statute but is quoted in the *Kern*case and in the opinion of Mr. *891Justice Elsworth (a case “ reluctantly” decided the other way) in *Matter of Stannard*v. *Browne*(204 Mise. 33.) While it seems a harsh rule, probably imposed to lessen administrative difficulties, the second paragraph of section 249-aa is nothing more than a short one-year Statute of Limitations imposed by the Legislature and clearly applicable to the circumstances present here. Order reversed and the petition dismissed, without costs. Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN RE LDK SOLAR SECURITIES 

LITIGATION.

 /

This Document Relates to:

All Actions. /

No. C 07-05182 WHA

ORDER RE LETTER

OF FEBRUARY 5, 2010 

Once the Court receives a fully executed and final version of a stipulation of settlement,

the Court will consider whether to postpone the hearing now set for February 11. Meanwhile, the

hearing will remain on calendar. 

Dated: February 5, 2010. WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-00799-WHA Document 45 Filed 02/05/10 Page 1 of 1
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES SECURITIES AND

EXCHANGE COMMISSION,

Plaintiff,

 v.

JONATHAN L. WILSON,

Defendant. /

No. C 08-05133 WHA

REQUEST FOR RESPONSE

The United States Securities and Exchange Commission has filed a motion requesting

that the Clerk of Court pay all funds on deposit in the Court Registry Investment System in

connection with the above-captioned matter to the Commission for the purpose of transferring

those funds to the United States Treasury along with any future payments made by Wilson in

satisfaction of final judgment in this action.

If any party objects to this motion, it shall file a response by JULY 10, 2015 AT NOON.

Dated: July 6, 2015. WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-05133-BZ Document 10 Filed 07/06/15 Page 1 of 1
### §3766b. Transferred

#### **Editorial Notes**

#### Codification

Section 3766b was editorially reclassified as section 10203 of Title 34, Crime Control and Law Enforcement.
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 Imperial Petroleum Recovery
Corporation; (the "Company") on Form 10-QSB for the quarter ended July 31, 2005
(the "Report"), as filed with the Securities and Exchange Commission on the date
hereof, I, Alan B. Springer, President and Chief Executive Officer of the
Company, hereby certify, to such officer's knowledge, that pursuant to 18 U.S.C.
Sec. 1350, as adopted pursuant to Sec. 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 result of operations of the Company.


By: /s/ Alan B. Springer                                      May 16, 2006
    --------------------
    Alan B. Springer
    Chairman and Chief Executive Officer


                                       24
I 

109TH CONGRESS 

1ST SESSION H. R. 2459 

To extend the temporary suspension of duty on yarn of combed Kashmir 

(cashmere) and yarn of camel hair. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2005 

Mr. SIMMONS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To extend the temporary suspension of duty on yarn of 

combed Kashmir (cashmere) and yarn of camel hair. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. YARN OF COMBED KASHMIR (CASHMERE) OR 

4 YARN OF CAMEL HAIR. 

5 (a) IN GENERAL.—Heading 9902.03.01 of the Har6 monized Tariff Schedule of the United States (relating to 

7 yarn of combed Kashmir (cashmere) or yarn of camel 

8 hair) is amended by striking ‘‘12/31/2006’’ and inserting 

9 ‘‘12/31/2008’’. 
2 

•HR 2459 IH 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of enactment of this Act. 

Æ
§ 35.29 Sanctions. ( a ) The ALJ may sanction a person, including any party or representative for— ( 1 ) Failing to comply with an order, rule, or procedure governing the proceeding;
( 2 ) Failing to prosecute or defend an action; or
( 3 ) Engaging in other misconduct that interferes with the speedy, orderly, or fair conduct of the hearing.
( b ) Any such sanction, including but not limited to those listed in paragraphs (c), (d), and (e) of this section, shall reasonably relate to the severity and nature of the failure or misconduct.
( c ) When a party fails to comply with an order, including an order for taking a deposition, the production of evidence within the party's control, or a request for admission, the ALJ may— ( 1 ) Draw an inference in favor of the requesting party with regard to the information sought;
( 2 ) In the case of requests for admission, deem each matter of which an admission is requested to be admitted;
( 3 ) Prohibit the party failing to comply with such order from introducing evidence concerning, or otherwise relying upon, testimony relating to the information sought; and
( 4 ) Strike any part of the pleadings or other submissions of the party failing to comply with such request.
( d ) If a party fails to prosecute or defend an action under this part commenced by service of a notice of hearing, the ALJ may dismiss the action or may issue an initial decision imposing penalties and assessments.
( e ) The ALJ may refuse to consider any motion, request, response, brief or other document which is not filed in a timely fashion.
Case 3:08-cv-03470-JSW Document 81 Filed 07/15/10 Page 1 of 2 Case3:08-cv-03470-JSW Document78 Filed07/15/10 Page1 of 3
Case3:08-cv-03470-JSW Document78 Filed07/15/10 Page2 of 3

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Case 3:08-cv-03470-JSW Document 81 Filed 07/15/10 Page 2 of 2
49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–551 

PROVIDING FOR CONSIDERATION OF H.R. 4411, UNLAWFUL INTERNET GAMBLING ENFORCEMENT ACT OF 2006 

JULY 10, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. GINGREY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 907] 

The Committee on Rules, having had under consideration House 

Resolution 907, by a non-record vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for the consideration of H.R. 4411, the 

Unlawful Internet Gambling Enforcement Act of 2006, under a 

structured rule. The rule provides one hour of debate in the House 

equally divided among and controlled by the chairman and ranking 

minority member of the Committee on Financial Services and the 

chairman and ranking minority member of the Committee on the 

Judiciary. The rule waives all points of order against consideration 

of the bill. 

The rule provides that, in lieu of the amendments recommended 

by the Committees on Financial Services and the Judiciary now 

printed in the bill, the amendment in the nature of a substitute depicted in the Rules Committee Print dated July 5, 2006, shall be 

considered as adopted. The rule makes in order the amendment 

printed in this report, if offered by Representative Berkley of Nevada or her designee, which shall be considered as read, shall be 

debatable for 20 minutes equally divided and controlled by the proponent and an opponent and shall not be subject to a demand for 

a division of the question in the House or in the Committee of the 

Whole. The rule waives all points of order against the amendment 

printed in this report. 

Finally, the rule provides one motion to recommit with or without instructions. 


hmoore on PROD1PC68 with HMRPT
2 

EXPLANATION OF WAIVERS

The Committee on Rules is not aware of any points of order 

against consideration of the bill or the amendment printed in this 

report. The waivers of all points of order are prophylactic in nature. 

SUMMARY OF AMENDMENT MADE IN ORDER

Berkley (NV)/Wexler (FL)/Conyers (MI): Eliminates the exceptions to the bill’s general prohibition against online gambling, 

thereby establishing a complete ban on all internet gambling-related activities. (20 minutes) 

TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

Page 13, strike line 12 and all that follows through line 18 on 

page 15. 

Redesignate succeeding subsections accordingly. 

Page 21, strike lines 21 through 23. 

Redesignate succeeding subsections accordingly. 

Strike section 106. 

Æ 


hmoore on PROD1PC68 with HMRPT
### §5151. Nondiscrimination in disaster assistance

#### (a) Regulations for equitable and impartial relief operations

The President shall issue, and may alter and amend, such regulations as may be necessary for the guidance of personnel carrying out Federal assistance functions at the site of a major disaster or emergency. Such regulations shall include provisions for insuring that the distribution of supplies, the processing of applications, and other relief and assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on the grounds of race, color, religion, nationality, sex, age, disability, English proficiency, or economic status.

#### (b) Compliance with regulations as prerequisite to participation by other bodies in relief operations

As a condition of participation in the distribution of assistance or supplies under this chapter or of receiving assistance under this chapter, governmental bodies and other organizations shall be required to comply with regulations relating to nondiscrimination promulgated by the President, and such other regulations applicable to activities within an area affected by a major disaster or emergency as he deems necessary for the effective coordination of relief efforts.

(Pub. L. 93–288, title III, §308, formerly §311, May 22, 1974, 88 Stat. 150; renumbered §308 and amended Pub. L. 100–707, title I, §105(f), Nov. 23, 1988, 102 Stat. 4691; Pub. L. 109–295, title VI, §689a, Oct. 4, 2006, 120 Stat. 1449.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 93–288, May 22, 1974, 88 Stat. 143. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of this title and Tables.

#### Prior Provisions

A prior section 308 of Pub. L. 93–288 was renumbered section 305 by Pub. L. 100–707 and is classified to section 5148 of this title.

#### Amendments

2006—Subsec. (a). Pub. L. 109–295 inserted "disability, English proficiency," after "age,".

1988—Subsec. (b). Pub. L. 100–707 substituted "this chapter" for "section 5172 or 5174 of this title" after "assistance under".
§ 311.500 Secretary of Defense. ( a ) The Secretary of Defense may exempt, on a case-by-case basis, a covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such a determination.
( b ) The Department of Defense may issue supplemental regulations to implement paragraph (a) of this section.
### §3608a. Collection of certain data

#### (a) In general

To assess the extent of compliance with Federal fair housing requirements (including the requirements established under title VI of Public Law 88–352 [42 U.S.C. 2000d et seq.] and title VIII of Public Law 90–284 [42 U.S.C. 3601 et seq.]), the Secretary of Agriculture shall collect, not less than annually, data on the racial and ethnic characteristics of persons eligible for, assisted, or otherwise benefiting under each community development, housing assistance, and mortgage and loan insurance and guarantee program administered by such Secretary. Such data shall be collected on a building by building basis if the Secretary determines such collection to be appropriate.

#### (b) Reports to Congress

The Secretary of Agriculture shall include in the annual report of such Secretary to the Congress a summary and evaluation of the data collected by such Secretary under subsection (a) during the preceding year.

(Pub. L. 100–242, title V, §562, Feb. 5, 1988, 101 Stat. 1944; Pub. L. 104–66, title I, §1071(e), Dec. 21, 1995, 109 Stat. 720.)

#### **Editorial Notes**

#### References in Text

Public Law 88–352, referred to in subsec. (a), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended, known as the Civil Rights Act of 1964. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (§2000d et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

Title VIII of Public Law 90–284, referred to in subsec. (a), is title VIII of Pub. L. 90–284, Apr. 11, 1968, 82 Stat. 81, known as the Fair Housing Act, which is classified principally to subchapter I (§3601 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables.

#### Codification

Section was enacted as part of the Housing and Community Development Act of 1987, and not as part of title VIII of Pub. L. 90–284, popularly known as the Fair Housing Act, which comprises this subchapter.

#### Amendments

1995—Subsec. (a). Pub. L. 104–66, §1071(e)(1), struck out "the Secretary of Housing and Urban Development and" before "the Secretary of Agriculture", "each" before "collect, not less than annually", and "involved" before "determines such collection".

Subsec. (b). Pub. L. 104–66, §1071(e)(2), substituted "The" for "The Secretary of Housing and Urban Development and the" before "Secretary of Agriculture" and struck out "each" before "include in the".
#### Albert Froehlich, Respondent, v. Reo Motor Car Company of New York, Appellant.

Judgment and order affirmed, with costs. No opinion. Present —■ Clarke, P. J., Laughlin, Dowling, Page and Merrell, JJ.
[Federal Register Volume 69, Number 245 (Wednesday, December 22, 2004)]
[Notices]
[Page 76767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28020]


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

FEDERAL MARITIME COMMISSION


Ocean Transportation Intermediary License; Reissuance

    Notice is hereby given that the following Ocean Transportation 
Intermediary license has been reissued by the Federal Maritime 
Commission pursuant to section 19 of the Shipping Act of 1984, as 
amended by the Ocean Shipping Reform Act of 1998 (46 U.S.C. app. 1718) 
and the regulations of the Commission pertaining to the licensing of 
Ocean Transportation Intermediaries, 46 CFR 515.

----------------------------------------------------------------------------------------------------------------
               License No.                         Name/address                       Date reissued
----------------------------------------------------------------------------------------------------------------
015646F.................................  Universe Freight Brokers,      September 20, 2004.
                                           Inc., 3625 NW., 82nd Avenue,
                                           Suite 401, Miami, FL 33126.
----------------------------------------------------------------------------------------------------------------


Sandra L. Kusumoto,
Director, Bureau of Certification and Licensing.
[FR Doc. 04-28020 Filed 12-21-04; 8:45 am]
BILLING CODE 6730-01-P
### §3193. Consultation with other persons and agencies

#### (a) Consultation on problems relating to employment

The Secretary may consult with any persons, including representatives of labor, management, agriculture, and government, who can assist in addressing the problems of area and regional unemployment or underemployment.

#### (b) Consultation on administration of chapter

The Secretary may provide for such consultation with interested Federal agencies as the Secretary determines to be appropriate in the performance of the duties of the Secretary under this chapter.

(Pub. L. 89–136, title V, §503, as added Pub. L. 105–393, title I, §102(a), Nov. 13, 1998, 112 Stat. 3610.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3193, Pub. L. 89–136, title V, §514, as added Pub. L. 93–423, §11, Sept. 27, 1974, 88 Stat. 1162, provided for the acquisition and disposal of excess property from the Administrator of General Services by the Federal cochairman of each regional action planning commission, prior to repeal by Pub. L. 94–519, §§6, 9, Oct. 17, 1976, 90 Stat. 2456, 2457, effective Oct. 17, 1977.

A prior section 503 of Pub. L. 89–136 was classified to section 3183 of this title prior to repeal by Pub. L. 97–35, §1821(a)(8).

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

#### Effective Date

Section effective Feb. 11, 1999, see section 105 of Pub. L. 105–393, set out as a note under section 3121 of this title.
### §5791. Transferred

#### **Editorial Notes**

#### Codification

Section 5791 was editorially reclassified as section 20501 of Title 34, Crime Control and Law Enforcement.
#### The People of the State of New York v. Herman Johnson.

Motion for leave to appeal as a poor person granted insofar as to permit the appeal to be heard on the original record, without printing the same, except that a certified copy of the indictment shall he substituted in place of the original indictment and upon typewritten or mimeographed appellant’s points, on condition that the appellant serves one copy of the typewritten or mimeographed appellant’s points upon the District Attorney, Bronx County, and files 6 typewritten or 19 mimeographed copies of appellant’s points, together with the original record, with this court and on the further condition that the appeal be perfected and noticed for argument for a term on or before the February 1961 Term of this court. Anthony F. Marra, Esq., of 100 Centre Street, New York, New York is assigned as counsel for the appellant for the purposes of this appeal. Concur — Botein, P. J., Breitel, Stevens and Eager, JJ.
#### § 909.1 Basis.

Decisions of the Board shall be based upon the record of proceedings, shall be in writing, shall include findings of fact, and shall include a statement of the reasons for the decision.
### §§2982 to 2982c. Repealed. Pub. L. 97–35, title VI, §683(a), Aug. 13, 1981, 95 Stat. 519

Section 2982, Pub. L. 88–452, title VII, §711, as added Pub. L. 92–424, §25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, §10(a), Jan. 4, 1975, 88 Stat. 2316, set forth Congressional statement of policy with respect to urban and rural special impact programs.

Section 2982a, Pub. L. 88–452, title VII, §712, as added Pub. L. 92–424, §25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–386, §2(b), Aug. 23, 1974, 88 Stat. 745; Pub. L. 93–644, §10(a), Jan. 4, 1975, 88 Stat. 2316; Pub. L. 94–341, §2(b)(1), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, §14(c), Nov. 2, 1978, 92 Stat. 2437, related to establishment and scope of programs.

Section 2982b, Pub. L. 88–452, title VII, §713, as added Pub. L. 92–424, §25(a), Sept. 19, 1972, 86 Stat. 698; amended Pub. L. 93–644, §10(a), Jan. 4, 1975, 88 Stat. 2317; Pub. L. 95–568, §§14(d), (e), 17(a)(36), Nov. 2, 1978, 92 Stat. 2437, 2443, set forth financial assistance requirements for programs.

Section 2982c, Pub. L. 88–452, title VII, §714, as added Pub. L. 92–424, §25(a), Sept. 19, 1972, 86 Stat. 699; amended Pub. L. 93–644, §10(a), Jan. 4, 1975, 88 Stat. 2318; Pub. L. 94–341, §2(b)(2), (3), July 6, 1976, 90 Stat. 805; Pub. L. 95–568, §14(f), Nov. 2, 1978, 92 Stat. 2438, related to Federal share of program costs.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1981, see section 9912(a) of this title, prior to the general amendment of chapter 106 (§9901 et seq.) of this title by Pub. L. 105–285.