alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 18

- 60046 Summary Calendar

T HOMAS E. GRAY, JR.,

Plaintiff

- Appellant

v.

ZURICH AMERICAN INSURANCE COMPANY,

Defendant

- Appellee

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 2:17

- CV

- 34

Before REAVLEY, GRAVES, and HO, Circuit Judges

. PER CURIAM: *

The judgment of the district court is affirmed for the reasons given by

that court. Appellant insists that the Mississippi Supreme Court opinion in

Allen v. Banks , 384 So. 2d 63 (1980) supports intoxication as the negligence of

liability, but that opinion makes it clear that causation is a different matter.

The gap in the appellant’s case here is that no evidence would support a

proximate cause of causation for this case’s path.

AFFIRMED.

* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 20, 2018

Lyle W. Cayce Clerk Case: 18-60046 Document: 00514564135 Page: 1 Date Filed: 07/20/2018
#### LESTER BOOK & STATIONERY CO. *v.*MASSEE *et al.*

May 17, 1912.

The evidence amply supports the verdict; the case was fairly submitted under the charge, which was free from substantial error, and no reason appears for a reversal.

Complaint. Before Judge Eelton. Bibb superior court. May 11, 1911.

*West & Dasher,*for. plaintiff.

*Roland Ellis*and *R. K. Hines,*for defendants.

Evans, P. J.

The Republican Campaign Committee of Georgia was organized for the purpose of furthering the candidacy of Hon. W. H. Taft for the Presidency of the United States. The committee consisted of Clark Greer, chairman, Henry Blun Jr., J. B. Gaston, Harry S. Edwards, and Fred Dismukes. *W.*J. Massee was the secretary and treasurer of the committee. Massee was not able to give his personal attention to the work, and he employed C. M. Preston to represent him in the work of the committee, and authorized him to sign cheeks in his name as secretary and treasurer. The headquarters of the committee were at Macon, Ga., in charge of the chairman. The campaign ended with the election of Mr. Taft on November 4, 1908. Some time during the latter part of December, Preston, on the authority of Greer, contracted with the plaintiff for the printing of lists of names in various counties of Georgia. The account for the printing was proved in bankruptcy by the plaintiff against Greer, and a dividend was paid thereon. The plaintiff then sued the members of the committee, except Greer and Dismukes, alleging that they did business as a Georgia Mailing List Company. The defendants denied liability. The contention of the plaintiff was, that in carrying on their work the committee had compiled a list of voters in various counties of the State, and that it occurred to Greer to publish this list as a mailing list for advertising purposes and sell the same for the purpose of raising funds to liquidate any indebtedness of the committee, and to build up a permanent campaign fund. On the other hand the defendants contended, that the campaign had ended with the election of Mr. Taft, that all expenses of the committee had been paid, that the committee had dissolved, and that the subsequent contract with the plaintiff was made by Greer and Preston without their knowledge or authority, and was the private *214and individual enterprise of Greer and Preston. The jury found for the defendants.

On the trial the controlling point was the authority of Preston, who made the contract, to bind the defendants. We have carefully examined the evidence, and have reached the conclusion that the verdict is amply supported by the evidence, that the case was fairly submitted to the jury, that the instruction of the court was free of any substantial error, and that the verdict should stand.

*Judgment affirmed.*

*All the Justices concur.*
§ 180.215 Ex parte communications. ( a ) An ex parte communication is any direct or indirect communication concerning the merits of a pending proceeding, made by a party in the absence of any other party, to the presiding ALJ, and which was neither on the record nor on reasonable prior notice to all parties. Ex parte communications do not include communications made for the sole purpose of scheduling hearings, requesting extensions of time, or requesting information on the status of cases.
( b ) Ex parte communications are prohibited.
( c ) If the ALJ receives an ex parte communication that the ALJ knows or has reason to believe is prohibited, the ALJ shall promptly place the communication, or a written statement of the substance of the communication, in the record and shall furnish copies to all parties. Unauthorized communications shall not be taken into consideration in deciding any matter in issue. Any party making a prohibited ex parte communication may be subject to sanctions including, but not limited to, exclusion from the proceeding and an adverse ruling on the issue that is the subject of the prohibited communication.
#### § 92.16 Sealing the notarial certificate.

The notarizing officer should seal a notarial certificate with the impression seal of the post on the lower left-hand side of the certificate. A notarial certificate executed at a Foreign Service post which has not been officially designated as an embassy, legation, consulate general, consulate, or consular agency should be sealed with an impression seal bearing the legend “American Consular Service” and the name of the locality.
1

Daniels, Nia (FAA)

From: Daniels, Nia (FAA)

Sent: Tuesday, June 09, 2015 1:16 PM

To: 'nick@mcmahonhelicopters.com'

Cc: '333exemptions@faa.gov'

Subject: Request for Additional Information: McMahon Helicopter Services (FAA-2015-1068)

June 9, 2015 

Dear Mr. McMahon: 

This letter is to inform you that the following information is missing from your petition (Docket No. FAA2015-1068). This information is necessary for the Federal Aviation Administration (FAA) to process your 

petition. 

 Describe the aircraft make(s), model(s), and type(s)(i.e. - fixed-wing, rotorcraft, lighter-than-air) for the 

proposed UAS operation. The description(s) should include the maximum weight (including 

payload). This information can be located in the aircraft manual(s). 

Please submit the additional information (non-proprietary) to your docket at www.regulations.gov and submit 

any proprietary information to the FAA Headquarters or electronically via e-mail to 

333exemptions@faa.gov. If you want us to process your request any further, we must receive the information 

described above by June 23, 2015. If we do not receive the information, we will close the docket without 

notifying you further. 

If you have any questions, please feel free to contact me at (202) 267-9677. 

Sincerely, 

Nia Daniels 

Program Analyst 

Nia Daniels, ARM‐108

Federal Aviation Administration

Office of Rulemaking, Airmen & Airspace Rules Division

800 Independence Avenue, SW

Washington, DC 20591

PH: (202) 267 ‐ 7626

Fax: (202) 267 ‐ 5075

nia.daniels@faa.gov
[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75375-75376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26119]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employee Benefits Security Administration


Advisory Council on Employee Welfare and Pension Benefit Plans'

Notice of Charter Renewal

    In accordance with section 512(a)(1) of the Employee Retirement 
Income Security Act of 1974 (ERISA) and the provisions of the Federal 
Advisory Committee Act and its implementing regulations issued by the 
General Services Administration (GSA), the charter for the Advisory 
Council on Employee Welfare and Pension Benefit Plans is renewed.
    The Advisory Council on Employee Welfare and Pension Benefit Plans 
shall advise the Secretary of Labor on technical aspects of the 
provisions of ERISA and shall provide reports and/or recommendations 
each year on its findings to the Secretary of Labor. The Council shall 
be composed of fifteen members appointed by the Secretary. Not more 
than eight members of the Council shall be of the same political party. 
Three of the members shall be representatives of employee organizations 
(at least one of whom shall be a representative of any organization 
members of which are participants in a multiemployer plan); three of 
the members shall be representatives of employers (at least one of whom 
shall be a representative of employers maintaining or contributing to 
multiemployer plans); three members shall be representatives appointed 
from the general public (one of whom shall be a person representing 
those receiving benefits from a pension plan); and there shall be one 
representative each from the fields of insurance, corporate trust, 
actuarial counseling, investment counseling, investment management, and 
accounting.
    The Advisory Council will report to the Secretary of Labor. It will 
function solely as an advisory body and in compliance with the 
provisions of the Federal Advisory Committee Act, and its charter will 
be filed under the Act. For further information, contact

[[Page 75376]]

Christine Donahue, Executive Secretary, Advisory Council on Employee 
Welfare and Pension Benefit Plans, U.S. Department of Labor, 200 
Constitution Avenue NW, Washington, DC 20210, telephone (202) 693-8641 
or via email to <a href="/cdn-cgi/l/email-protection#07636869666f726229646f756e74736e69624763686b29606871"><span class="__cf_email__" data-cfemail="e98d868788819c8cc78a819b809a9d80878ca98d8685c78e869f">[email protected]</span></a>.

    Signed at Washington, DC, this 20th day of November, 2020.
Jeanne Klinefelter Wilson,
Acting Assistant Secretary, Employee Benefits Security Administration.
[FR Doc. 2020-26119 Filed 11-24-20; 8:45 am]
BILLING CODE 4510-29-P


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#### § 401.3 Permanent offices.

The permanent offices of the Commission shall be at Washington, in the District of Columbia, and at Ottawa, in the Province of Ontario, and, subject to the directions of the respective chairmen acting for their respective sections, the secretaries of the United States and Canadian sections of the Commission shall have full charge and control of said offices, respectively.
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 Vertrue Incorporated (the "Company")
on Form 10-Q for the period ended December 31, 2005 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Gary A. Johnson,
President, Chief Executive Officer and Director of the Company, certify, to my
knowledge, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:


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



/s/ Gary A. Johnson
-------------------
Gary A. Johnson
President, Chief Executive Officer and Director
Vertrue Incorporated
February 9, 2006








A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
##### 



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 Brantley Capital Corporation
(the Company) on Form 10-Q for the period ending September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Robert P. Pinkas, Chief Executive Officer of Brantley Capital
Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

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

/s/ Robert P. PinkasRobert P. PinkasChief Executive OfficerDecember 23, 2003
§ 180.545 Subpoenas. ( a ) This section governs the issuance of subpoenas in administrative proceedings under the Fair Housing Act. Except for time periods stated in the rules in this section, to the extent that this section conflicts with procedures for the issuance of subpoenas in civil actions in the United States District Court for the District in which the investigation of the discriminatory housing practice took place, the rules of the United States District Court apply.
( b ) *Issuance of subpoena.* Upon the written request of a party, the presiding ALJ or other designated ALJ may issue a subpoena requiring the attendance of a witness for the purpose of giving testimony at a deposition or hearing and requiring the production of relevant books, papers, documents or tangible things.
( c ) *Time of request.* Requests for subpoenas in aid of discovery must be submitted in time to permit the conclusion of discovery 15 days before the date scheduled for the hearing. If a request for subpoenas of a witness for testimony at a hearing is submitted three days or less before the hearing, the subpoena shall be issued at the discretion of the presiding ALJ, or other designated ALJ as appropriate.
( d ) *Service.* A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service on a person shall be made by delivering a copy of the subpoena to the person and by tendering witness fees and mileage to that person. When the subpoena is issued on behalf of HUD, witness fees and mileage need not be tendered with the subpoena.
( e ) *Amount of witness fees and mileage.* A witness summoned by a subpoena issued under this part is entitled to the same witness and mileage fees as a witness in proceedings in United States District Courts. Fees payable to a witness summoned by a subpoena shall be paid by the party requesting the issuance of the subpoena, or where the ALJ determines that a party is unable to pay the fees, the fees shall be paid by HUD.
( f ) *Motion to quash or limit subpoena.* Upon a motion by the person served with a subpoena or by a party, made within five days after service of the subpoena (but in any event not less than the time specified in the subpoena for compliance), the ALJ may: ( 1 ) Quash or modify the subpoena if it is unreasonable and oppressive or for other good cause shown; or
( 2 ) Condition denial of the motion upon the advancement, by the party on whose behalf the subpoena was issued, of the reasonable cost of producing subpoenaed books, papers or documents. Where circumstances require, the ALJ may act upon such a motion at any time after a copy of the motion has been served upon the party on whose behalf the subpoena was issued.
( g ) *Failure to comply with subpoena.* If a person fails to comply with a subpoena issued under this section, the party requesting the subpoena may refer the matter to the Attorney General for enforcement in appropriate proceedings under 42 U.S.C. 3614(c).
[61 FR 52218, Oct. 4, 1996, as amended at 73 FR 13723, Mar. 13, 2008]
C 09-762 EDL 1

THOMAS N. STEWART, III - #88128

ATTORNEY AT LAW

369 BLUE OAK LANE, 2nd FLOOR

CLAYTON, CA 94517

TELEPHONE (925) 672-8452

TELEFAX (925) 673-1729

Attorneys for David Johnson

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAVID JOHNSON, Case No. C 09-762 EDL

Plaintiff, STIPULATION OF DISMISSAL; ORDER

v.

MARK ANTHONY DELAO,

Defendants.

__________________________________/

The parties hereto stipulate as follows:

The parties have reached a full and final settlement of all issues in this action. A

Settlement Agreement between the parties has been fully executed. 

Some parts of the Settlement Agreement are to be performed in the future. The parties

shall comply with their Settlement Agreement, a copy of which is incorporated by reference as

if fully set forth. The parties request the Court to retain jurisdiction for 18 months from the

date hereof in order to enforce the terms of the Settlement Agreement under the authority of

Kokkonen v. Guardian Life Insurance Co. Of America, 511 U.S. 375, 381-82 (1994).

Although the parties are hereby dismissing this action with prejudice, they agree that

Case 3:09-cv-00762-EDL Document 9 Filed 05/04/10 Page 1 of 2 Case3:09-cv-00762-EDL Document8 Filed09/17/09 Page1 of 2
C 09-762 EDL 2

the Court will retain jurisdiction over this action and the parties hereto in order to be able to

enforce the terms of the Settlement Agreement.

IT IS HEREBY STIPULATED by and between the parties to this action through their

designated counsel that this action be and hereby is dismissed with prejudice pursuant to FRCP

41(a)(2), and the Court retains jurisdiction to enforce the terms of the Settlement Agreement for

18 months after the date hereof.

Date: September 16, 2009 Date: September 17, 2009

S/Cesar A. Alvarado, S/Thomas N. Stewart, III, 

Attorney for Defendant Attorney for Plaintiff

IT IS SO ORDERED:

Date: ________________________________

 Judge/Magistrate

Case3:09-cv-00762-EDL Document8 Filed09/17/09 Page2 of 2

May 3, 2010

Case 3:09-cv-00762-EDL Document 9 Filed 05/04/10 Page 2 of 2
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 RIGEL PHARMACEUTICALS, INC.

SECURITIES LITIGATION

 

This Document Relates To:

ALL ACTIONS.

 /

No. C 09-00546 JSW

ORDER VACATING HEARING

ON DEFENDANTS’ MOTIONS TO

DISMISS AND TO STRIKE

Pursuant to Civil Local Rule 7-1(b), the Court finds that the motions to dismiss and to

stay which have been noticed for hearing on Friday, April 9, 2010 at 9:00 a.m., are appropriate

for decision without oral argument. Accordingly, the hearing date is hereby VACATED. The

motions will be taken under submission and decided on the papers.

IT IS SO ORDERED.

Dated: April 6, 2010 

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

Case 3:09-cv-00546-JSW Document 91 Filed 04/06/10 Page 1 of 1
Editorial Note on Part 200
Editorial Note: Nomenclature changes to part 200 appear at 69 FR 18803, Apr. 9, 2004.

§ 200.300 Nondiscrimination and fair housing policy. Federal Housing Administration programs shall be administered in accordance with: ( a ) The nondiscrimination and fair housing requirements set forth in 24 CFR part 5, including the prohibition on inquiries regarding sexual orientation or gender identity set forth in 24 CFR 5.105(a)(2); and
( b ) The affirmative fair housing marketing requirements in 24 CFR part 200, subpart M and 24 CFR part 108.
[77 FR 5675, Feb. 3, 2012]
TO: 

FROM: 

SUBJECT: 

RESPONSE SHEET 

Annette Vietti-Cook, Secretary 

Chairman Burns 

COMSECY-16-0017: STATUS OF ONGOING 

EMERGENCY CORE COOLING SYSTEM 

RULEMAKINGS UNDER TITLE 10 OF THE CODE OF 

FEDERAL REGULATIONS SECTION 50.46a AND 

50.46c, AND GENERAL DESIGN CRITERION 35 AND 

REQUEST FOR CLOSURE OF RELATED TASKING 

Approved _x_ Disapproved _ Abstain Not Participating _ 

Comments: Below Attached None X 

Entered in STARS 

Yes x 

No -2'3 September 2016 

DATE 
TO: 

FROM: 

SUBJECT: 

RESPONSE SHEET 

Annette Vietti-Cook, Secretary 

COMMISSIONER SVINICKI 

COMSECY-16-0017: STATUS OF ONGOING 

EMERGENCY CORE COOLING SYSTEM 

RULEMAKINGS UNDER TITLE 10 OF THE CODE OF 

FEDERAL REGULATIONS SECTION 50.46a AND 

50.46c, AND GENERAL DESIGN CRITERION 35 AND 

REQUEST FOR CLOSURE OF RELATED TASKING 

Approved XX Disapproved _ Abstain Not Participating _ 

Comments: Below XX Attached None 

I approve the closure of work item tracking system (WITS) task 200900039. The staff should 

inform the Commission of the outcome of the public meeting to be held on September 29, 2016, 

through a Daily Note item or other mechanism. 

Entered on "STARS" 

osrff11s 

DATE 

Yes _L.o_ 
TO: 

FROM : 

SUBJECT: 

Approved 

Comments: 

RESPONSE SHEET 

Annette Vietti-Cook, Secretary 

Commissioner Baran 

COMSECY-16-0017: STATUS OF ONGOING 

EMERGENCY CORE COOLING SYSTEM 

RULEMAKINGS UNDER TITLE 10 OF THE CODE OF 

FEDERAL REGULATIONS SECTION 50.46a AND 

50.46c, AND GENERAL DESIGN CRITERION 35 AND 

REQUEST FOR CLOSURE OF RELATED TASKING 

X Disapproved Abstain Not Participating --

Below X Attached None 

In 2009, the Commission directed the staff to keep the Commission informed of the 

status of three rulemaking activities related to emergency core cooling system requirements. 

The staff has issued semi-annual Commissioner Assistants notes in response to this direction. 

The staff no longer believes the updates are necessary because the rulemaking to redefine a 

large break loss-of-coolant accident (10 CFR 50.46a) has been discontinued, the draft final rule 

to improve emergency core cooling system acceptance criteria (10 CFR 50.46c) is currently 

before the Commission for consideration, and the staff is separately tracking a task to provide a 

notation vote paper to the Commission on its reevaluation of the need to revise General Design 

Criterion 35. I agree with the NRC staff that semi-annual updates on these three rulemaking 

activities are no longer necessary and approve closing the outdated tasking. If the NRC staff 

determines that it would not be prudent to proceed with the GDC 35 rulemaking after conducting 

the September 29, 2016, follow-up public meeting to seek stakeholders' views, the staff should 

promptly notify the Commission and seek approval to terminate this activity. 

Entered in STARS 

Yes ---- No ---- DATE
#### Outcault Advertising Company *v.*Clary-Harper Company.

September 25, 1912.

Claim. Before Judge Walker. Warren superior court. April 11, 1911.

*M. E. Evans,*for plaintiff. *M. L. Felts,*contra.

Atkinson, J.

On the trial of a claim case before the judge, by consent, without a jury, upon an agreed statement of facts, the evidence authorized a finding that the defendant had never had title to the property; and accordingly there was no error in finding the property not subject. *Judgment affirmed.*

*All the Justices eoneur.*
<PAGE>

                                                                    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 Brantley Capital Corporation (the
"Company") on Form 10-Q for the period ending September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, Tab
A. Keplinger, Chief Financial Officer of Brantley Capital Corporation, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

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

                            /s/ Tab A. Keplinger
                            --------------------------
                            Tab A. Keplinger
                            Chief Financial Officer
                            November 14, 2003