alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1667. Repealed. Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091

Section, Pub. L. 87–688, §2, Sept. 25, 1962, 76 Stat. 586, extended to American Samoa the benefits of the Vocational Education Act of 1946 and authorized an annual appropriation of $80,000 therefor.

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

#### Effective Date of Repeal

Pub. L. 90–576, title I, §103, Oct. 16, 1968, 82 Stat. 1091, provided that the repeal of this section is effective July 1, 1969.
§ 1243.3 What definitions apply to this part? *Assessment* means any fee or charge levied or imposed by the Secretary or a delegated State other than: ( 1 ) The principal amount of any royalty, minimum royalty, rental, bonus, net profit share or proceed of sale;
( 2 ) Any interest; or
( 3 ) Any civil or criminal penalty.
*Designee* means the person designated by a lessee under § 1218.52 of this title to make all or part of the royalty or other payments due on a lease on the lessee's behalf.
*Lessee* means any person to whom the United States, or the United States on behalf of an Indian tribe or individual Indian mineral owner, issues a lease, or any person to whom all or part of the lessee's interest or operating rights in a lease has been assigned.
*ONRR bond-approving officer* means the Deputy Director for Office of Natural Resources Revenue or an official to whom the Deputy Director delegates that responsibility.
*ONRR-specified surety instrument* means an ONRR-specified administrative appeal bond, an ONRR-specified irrevocable letter of credit, a Treasury book-entry bond or note, or a financial institution book-entry certificate of deposit.
*Notice of order* means the notice that ONRR or a delegated State issues to a lessee that informs the lessee that ONRR or the delegated State has issued an order to the lessee's designee.
*Order* means an order appealable under 30 CFR part 290 in effect prior to May 13, 1999 and contained in the 30 CFR, parts 200 to 699, edition revised as of July 1, 1998, under 30 CFR part 290 subpart B, or under 30 CFR part 1208.
*Person* means any individual, firm, corporation, association, partnership, consortium, or joint venture.
[64 FR 26254, May 13, 1999, as amended at 67 FR 19113, Apr. 18, 2002]
### **CHAPTER 113—FINANCE**

#### SUBCHAPTER I—EQUIPMENT TRUSTS AND SECURITY INTERESTS

Sec.
11301.
Equipment trusts: recordation; evidence of indebtedness.

#### SUBCHAPTER II—COMBINATIONS

11321.
Scope of authority.
11322.
Limitation on pooling and division of transportation or earnings.
11323.
Consolidation, merger, and acquisition of control.
11324.
Consolidation, merger, and acquisition of control: conditions of approval.
11325.
Consolidation, merger, and acquisition of control: procedure.
11326.
Employee protective arrangements in transactions involving rail carriers.
11327.
Supplemental orders.
11328.
Restrictions on officers and directors.
### §367a. Transferred

#### **Editorial Notes**

#### Codification

Section, act Oct. 9, 1942, ch. 584, §5, 56 Stat. 779, which made public land claimants liable for fees, commissions, or purchase money required by law to be paid, was transferred to section 79d of Title 43, Public Lands.
Exhibit
23.1

Consent of Independent Registered Public Accounting
Firm

We consent to the incorporation by reference in the
Registration Statements (Form S-1 No. 333-119852 and Form S-4 No.
333-119231) of Nalco Finance Holdings LLC and in the related Prospectus
of our reports dated March  1,  2007, with respect to the
consolidated financial statements and schedules of Nalco Finance
Holdings LLC, Nalco Finance Holdings LLC management’s assessment
of the effectiveness of internal control over financial reporting, and
the effectiveness of internal control over financial reporting of Nalco
Finance Holdings LLC, included in this Annual Report (Form 10-K) for
the year ended December  31,  2006.

/s/ Ernst
& Young LLP

Chicago, IllinoisMarch
1,  2007

---
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

January 8, 2019 

# Order

Clerk January 8, 2019

157585(20)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

SC: 157585

v COA: 342154

Oakland CC: 2017

- 261877

- FH

PAUL ROBERT MANIZAK,

Defendant

- Appellant.

_________________________________________/

On order of the C hief Justice , the motion of attorney Tracie Gittleman to extend the

time for filing her Court

- ordered response is GRANTED. The response will be accepted

as timely filed if submitted on or before February 8, 2019.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-4569-DR; Docket ID FEMA-2020-0001]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of California (FEMA-4569-DR), dated October 16, 2020, and related determinations.

# DATES:

This amendment was issued November 20, 2020.

# FOR FURTHER INFORMATION CONTACT:

Dean Webster, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street SW, Washington, DC 20472, (202) 646-2833.

# SUPPLEMENTARY INFORMATION:

Notice is hereby given that the incident period for this disaster is closed effective November 17, 2020. 

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2020-27177 Filed 12-9-20; 8:45 am]

BILLING CODE 9111-23-P
**Exhibit
      32****.1**






**CERTIFICATION**




By
      signing below, each of the undersigned officers hereby certifies, pursuant
      to 18
      U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
      2002, that, to his knowledge, (i) this report fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
      and (ii) the information contained in this report fairly presents, in all
      material respects, the financial condition and results of operations of MISCOR
      Group, Ltd.




Date:
      March 29, 2007.







/s/
              John A. MartellJohn
                A. MartellChief
                Executive Officer/s/
              Richard J. MullinRichard
                J. MullinChief
                Financial Officer
(July 7, 1960)

#### Dora Rubinstein et al. v. Pennsylvania Railroad Company of New Jersey and Bernard H. Cantor.

Motion for reargument is granted and the order of June 7,1960 *(ante,*p. 640) of this court is vacated. Upon reargument the judgment appealed from is unanimously modified on the law, on the facts and in the exercise of discretion to the extent of ordering a new trial as to all defendants except the defendant Cantor and, as so modified, the judgment is affirmed, -with costs to appellants as against plaintiffs-respondents and with costs to defendant-respondent Cantor as against defendant Pennsylvania Railroad Company. Concur — Botein, P. J., Breitel, Stevens and Bergan, JJ.
TABLE OF CONTENTS     ARTICLE 1. DEFINITIONS  3      ARTICLE 2. OPERATIONAL SUPPORT  3      ARTICLE 3. OBLIGATIONS OF PARTY B  4      ARTICLE 4. CONSIDERATION FOR PROVIDING OPERATIONAL SUPPORT  4      ARTICLE 5. REPRESENTATIONS AND WARRANTIES  4      ARTICLE 6. CONFIDENTIALITY  4      ARTICLE 7. GOVERNING LAW AND OBLIGATIONS UPON DEFAULT  5      ARTICLE 8. DISPUTE RESOLUTION  5      ARTICLE 9. EFFECTIVENESS  5      ARTICLE 10. NO SUBSEQUENT OBLIGATION  5      ARTICLE 11. AMENDMENT  5      ARTICLE 12. COUNTERPARTS  5      ARTICLE 13. MISCELLANEOUS  6      EXHIBIT 1 CONSIDERATION FOR OPERATION GUARANTEE  7 
 
2

 
OPERATION AGREEMENTThis Operation Agreement (“this Agreement”) is entered into in Beijing, People’s Republic of China(the “PRC”) on November 20, 2009 between:Party A: Guangzhou Boxin Investment Advisory Co., Ltd.
1 In The 

### Court of Appeals Ninth District of Texas at Beaumont

________________ NO. 09

- 16

- 00 230

- CV

________________ IN THE MATTER OF C.W.G. JR.

__________________________________________________________________ On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F

- 12437

- J

__________________________________________________________________ MEMORANDUM OPINION
On August 11, 2016, we notified the parties that the appeal would be
dismissed for want of prosecution unless appellant remitted the filing fee for the
appeal. By separate letter on the same date, we also notified the parties that the
appeal would be dismissed unless arrangements were made for filing the record or
the appellant explained why additional time was ne eded to file the record.
The appellant did not respond to the Court’s notices. The appellant also did
not file an affidavit of indigence and is not entitled to proceed without payment of

costs. See Tex. R. App. P. 20.1. There being no satisfactory explana tion for the2 failure to file the record, and there being no reasonable explanation for the failure
to pay the filing fee for the appeal, the appeal is dismissed for want of prosecution.

See Tex. R. App. P. 37.3(b); Tex. R. App. P. 42.3. Costs are assessed against the
appellant.

APPEAL DISMISSED.

______________________________ CHARLES KREGER Justice

Submitted on S eptember 28, 2016 Opinion Delivered S eptember 29, 2016
Before McKeithen, C.J., Kreger and Johnson , JJ.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ETUATE SEKONA, 

Plaintiff-Appellant, 

 v. 

F. CUSTINO, Correctional Officer, Mule 

Creek State Prison; F. ANGLE, Correctional 

Officer, Mule Creek State Prison; L. SNOW, 

Correctional Officer, Mule Creek State 

Prison; J. CHARON, Lieutenant, Mule Creek 

State Prison, 

Defendants-Appellees.

No. 23-15848 

D.C. No. 2:16-cv-00517-TLN-DMC 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Troy L. Nunley, District Judge, Presiding

Submitted September 17, 2024**

Before: WARDLAW, BADE, and H.A. THOMAS, Circuit Judges.

Etuate Sekona appeals pro se from the district court’s judgment dismissing 

his 42 U.S.C. § 1983 action alleging constitutional claims arising from injuries he 

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

except as provided by Ninth Circuit Rule 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

SEP 23 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 23-15848 

suffered in prison. We have jurisdiction under 28 U.S.C § 1291. We review for an 

abuse of discretion the district court’s dismissal for failure to prosecute or comply 

with court orders. Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir. 2002) 

(failure to comply with court order); Al-Torki v. Kaempen, 78 F.3d 1381, 1384 (9th 

Cir. 1996) (failure to prosecute). We vacate and remand.

The district court dismissed Sekona’s action because it determined that

Sekona did not file a pretrial status report as directed by its November 15, 2022 

order granting an extension of time to file a status report. However, the record 

reflects that Sekona mailed a status report on November 7, 2022, which the district 

court appeared to construe as solely a motion for a trial date. In his objections to 

the magistrate judge’s findings and recommendations, Sekona explained that he 

attempted to file another status report in December 2022 and attached evidence of 

this attempt to comply. The district court did not address either attempt to comply. 

Moreover, the record does not reflect that the court warned Sekona that dismissal 

would result from disobeying the November 15, 2022 order. See Pagtalunan, 291 

F.3d at 642-43 (discussing factors to be considered before dismissing as a 

sanction). We vacate the judgment and remand for further proceedings.

We do not consider arguments and allegations raised for the first time on 

appeal, or documents not presented to the district court. See Padgett v. Wright, 

587 F.3d 983, 985 n.2 (9th Cir. 2009); United States v. Elias, 921 F.2d 870, 874 
3 23-15848 

(9th Cir. 1990).

Sekona’s motion for appointment of counsel (Docket Entry Nos. 26 and 27) 

is denied. Sekona’s motions for an extension of time to file the reply brief (Docket 

Entry No. 33) and to file an oversized reply brief (Docket Entry No 35) are 

granted.

The parties will bear their own costs on appeal.

VACATED and REMANDED.
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Exhibit 32

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 Midway Games Inc. (the "Company") on Form 10-Q for the period ended June 30, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David F. Zucker, 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:



|/s/DAVID F. ZUCKERDavid F. Zucker
Chief Executive Officer
August 6, 2004 |  | 
|------------------------------------------------------------------------ |  | 

CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection the Quarterly Report of Midway Games Inc. (the "Company") on Form 10-Q for the period ended June 30, 2004 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"), I, Thomas E. Powell, Chief Financial 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:



|/s/THOMAS E. POWELLThomas E. Powell
Chief Financial Officer
August 6, 2004 |  | 
|-------------------------------------------------------------------------- |  | 

---



QuickLinks
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 327 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
                                H. R. 327

_______________________________________________________________________

                                 AN ACT

 
 To allow binding arbitration clauses to be included in all contracts 
   affecting land within the Gila River Indian Community Reservation.

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

SECTION 1. BINDING ARBITRATION FOR GILA RIVER INDIAN COMMUNITY 
              RESERVATION CONTRACTS.

    (a) Amendments.--Subsection (f) of the first section of the Act of 
August 9, 1955 (25 U.S.C. 415(f)), is amended--
            (1) in the first sentence--
                    (A) by striking ``Any lease'' and all that follows 
                through ``affecting land'' and inserting ``Any 
                contract, including a lease, affecting land''; and
                    (B) by striking ``such lease or contract'' and 
                inserting ``such contract''; and
            (2) in the second sentence, by striking ``Such leases or 
        contracts entered into pursuant to such Acts'' and inserting 
        ``Such contracts''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in Public Law 107-159 (116 Stat. 122).

            Passed the House of Representatives December 7, 2005.

            Attest:

                                                                 Clerk.
109th CONGRESS

  1st Session

                               H. R. 327

_______________________________________________________________________

                                 AN ACT

 To allow binding arbitration clauses to be included in all contracts 
   affecting land within the Gila River Indian Community Reservation.
```
Dismiss; Opinion Filed January 26, 2017.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-17-00048-CR

ANGELA DAWN CLAMPITT, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District Court

Collin County, Texas

Trial Court Cause No. 380-81729-2014

MEMORANDUM OPINION

Before Justices Lang, Brown, and Whitehill

Opinion by Justice Lang

Angela Dawn Clampitt filed a notice of appeal on January 13, 2017. After reviewing the 

documents submitted with the notice of appeal, we conclude we lack jurisdiction and dismiss this 

appeal.

Appellant was originally charged with two counts of endangering a child involving her 

two children. See State v. Clampitt, No. 05-15-00901-CR, 2016 WL 3947943, *1 (Tex. App.—

Dallas July 15, 2016, pet. ref’d) (mem.op., not designated for publication). The jury acquitted 

her in the case involving one child but convicted her in the case involving the other, and the trial 

court assessed punishment at two years in state jail suspended for four years. Id. Appellant then 

filed a motion for new trial alleging insufficiency of the evidence, which the trial court granted. 

Id. The State filed an appeal, alleging the trial court erred by granting a new trial on the grounds 
–2–

of legal insufficiency. Id. On July 15, 2016, we issued our opinion, vacating the trial court’s 

order and reinstating the judgment of conviction and sentence. Id. at *7.

In August 2016, appellant filed a petition for discretionary review. After the Texas Court 

of Criminal Appeals refused her petition, we issued our mandate on December 13, 2016. 

Appellant then filed a notice of appeal, appealing “the judgment of conviction and sentence 

herein rendered” against her.

To invoke this Court’s jurisdiction, a notice of appeal must be timely filed after 

conviction or the entry of an appealable order. See TEX. R. APP. P. 26.2(a); Slaton v. State, 981 

S.W.2d 208, 210 (Tex. Crim. App. 1998); Wright v. State, 969 S.W.2d 588, 589 (Tex. App.–

Dallas 1998, no pet.). Here, appellant filed a notice of appeal after this Court issued its mandate 

in her direct appeal. Because there is no new conviction or appealable order, we lack jurisdiction 

over this appeal.

We dismiss this appeal for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47

170048F.U05

/Douglas S. Lang/

DOUGLAS S. LANG

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

ANGELA DAWN CLAMPITT, Appellant

No. 05-17-00048-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the 380th Judicial District 

Court, Collin County, Texas

Trial Court Cause No. 380-81729-2014.

Opinion delivered by Justice Lang, Justices 

Brown and Whitehill participating.

Based on the Court’s opinion of this date, we DISMISS this appeal for want of 

jurisdiction. 

Judgment entered this 26th day of January, 2017.