alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §47138. Pilot program for purchase of airport development rights

(a) In General.—The Secretary of Transportation shall establish a pilot program to support the purchase, by a State or political subdivision of a State, of development rights associated with, or directly affecting the use of, privately owned public use airports located in that State. Under the program, the Secretary may make a grant to a State or political subdivision of a State from funds apportioned under section 47114 for the purchase of such rights.

(b) Grant Requirements.—

(1) In general.—The Secretary may not make a grant under subsection (a) unless the grant is made—

(A) to enable the State or political subdivision to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and

(B) subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity.

(2) Matching requirement.—The amount of a grant under the program may not exceed 90 percent of the costs of acquiring the development rights.

(c) Grant Standards.—The Secretary shall prescribe standards for grants under subsection (a), including—

(1) grant application and approval procedures; and

(2) requirements for the content of the instrument recording the purchase of the development rights.

(d) Release of Purchased Rights and Covenant.—Any development rights purchased under the program shall remain the property of the State or political subdivision unless the Secretary approves the transfer or disposal of the development rights after making a determination that the transfer or disposal of that right is in the public interest.

(e) Limitation.—The Secretary may not make a grant under the pilot program for the purchase of development rights at more than 10 airports.

(Added Pub. L. 108–176, title I, §152(a), Dec. 12, 2003, 117 Stat. 2506.)

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

#### Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
#### The People of the State of New York, Respondent, v. William P. Melski, Appellant.

Judgment of conviction unanimously affirmed. (Appeal from judgment of Genesee County Court convicting defendant of the crime of grand larceny, second degree.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6651

HERMAN L. MOODY, Petitioner - Appellant, versusRONALD J. ANGELONE, Director, Virginia Department of Corrections, Respondent - Appellee.Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge. (CA-00-529-3) Submitted: September 25, 2001 Decided: November 5, 2001 Before WILKINS and NIEMEYER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Herman L. Moody, Appellant Pro Se. Pamela Anne Sargent, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Herman L. Moody seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See Moody v. Angelone , No. CA-00- 529-3 (E.D. Va. Apr. 2, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
#### The People of the State of New York, Respondent, v. Jacques De Fazio, Also Known as Jacques Elfassy, Appellant.

In a *coram nobis*proceeding, defendant appeals from an order of the County Court, Kings *818County, dated October 13, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered April 4, 1955, on his plea of guilty, convicting him of manslaughter in the first degree, and sentencing him to serve a term of 10 to 20 years, plus an additional term of 5 to 10 years under section 1944 of the Penal Law, for being armed. Order affirmed. Defendant was indicted for murder in the second degree while armed with a knife. At his trial, prior to summation he withdrew his plea of not guilty and entered a plea of guilty to manslaughter in the first degree. At a hearing held by the trial court on the day defendant pleaded guilty, and prior to entering his plea, he admitted he had been armed with a dangerous weapon when he committed the homicide, and the court advised him that he could be sentenced to an additional term of 5 to 10 years. Thereafter, defendant was sentenced to a term of 10 to 20 years, plus a 5 to 10-year additional term under section 1944 of the Penal Law, for being armed. Defendant contends that the trial court had no authority to conduct an inquiry to determine whether he was armed during the commission of the crime, since his plea of guilty of manslaughter in the first degree did not include an admission of being armed. Defendant’s reliance on *People*v. *Griffin*(7 N Y 2d 511) is not well founded. There the judgment imposing the additional sentence under section 1944 was reversed on the ground that the defendant was misled respecting sentence in pleading guilty to a lesser offense than that charged in the indictment and was induced to plead guilty on the false assumption that the additional punishment would not be applied. Here, after admitting that he was armed and prior to entering his plea of guilty, the defendant was fully advised by the trial court that it could impose the additional sentence of 5 to 10 years for being armed. He admitted that no promise was made to him as to what the punishment would be. With respect to defendant’s claim that the sentence of 10 to 20 years imposed for manslaughter (Penal Law, § 1051) was excessive because of his previous good character, the remedy of *coram nobis*does not lie *(People*v. *Sullivan,*3 N Y 2d 196). Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.
### §2791. Laboratory-directed research and development programs

#### (a) Authority

Government-owned, contractor-operated laboratories that are funded out of funds available to the Department of Energy for national security programs are authorized to carry out laboratory-directed research and development.

#### (b) Regulations

The Secretary of Energy shall prescribe regulations for the conduct of laboratory-directed research and development at such laboratories.

#### (c) Funding

Of the funds provided by the Department of Energy to a national security laboratory for national security activities, the Secretary shall provide a specific amount, of not less than 5 percent and not more than 7 percent of such funds, to be used by the laboratory for laboratory-directed research and development.

#### (d) "Laboratory-directed research and development" defined

For purposes of this section, the term "laboratory-directed research and development" means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a laboratory for the purpose of maintaining the vitality of the laboratory in defense-related scientific disciplines.

(Pub. L. 107–314, div. D, title XLVIII, §4811, formerly Pub. L. 101–510, div. C, title XXXI, §3132, Nov. 5, 1990, 104 Stat. 1832; renumbered Pub. L. 107–314, div. D, title XLVIII, §4811, and amended Pub. L. 108–136, div. C, title XXXI, §3141(k)(6), Nov. 24, 2003, 117 Stat. 1784; Pub. L. 114–92, div. C, title XXXI, §3115(a), Nov. 25, 2015, 129 Stat. 1193.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 7257a of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

#### Amendments

2015—Subsec. (c). Pub. L. 114–92 substituted "to a national security laboratory" for "to such laboratories", "of not less than 5 percent and not more than 7 percent" for "not to exceed 6 percent", and "by the laboratory" for "by such laboratories".

2003—Pub. L. 108–136, §3141(k)(6)(D), made technical amendment to section catchline.

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

#### Pilot Program on Unavailability for Overhead Costs of Amounts Specified for Laboratory-Directed Research and Development

Pub. L. 114–328, div. C, title XXXI, §3119, Dec. 23, 2016, 130 Stat. 2763, as amended by Pub. L. 116–92, div. C, title XXXI, §3118, Dec. 20, 2019, 133 Stat. 1952; Pub. L. 116–283, div. C, title XXXI, §3162, Jan. 1, 2021, 134 Stat. 4391, which established a pilot program under which each national security laboratory was prohibited from using certain funds to cover costs of general and administrative overhead for the laboratory, was repealed by Pub. L. 117–263, div. C, title XXXI, §3116(b), Dec. 23, 2022, 136 Stat. 3054. See section 2792(c) of this title.
#### §§ 585.317-585.399 [Reserved]
#### § 56.11025 Railed landings, backguards, and other protection for fixed ladders.

Fixed ladders, except on mobile equipment, shall be offset and have substantial railed landings at least every 30 feet unless backguards or equivalent protection, such as safety belts and safety lines, are provided.
### §2522. Stockpile stewardship criteria

#### (a) Requirement for criteria

The Secretary of Energy shall develop clear and specific criteria for judging whether the science-based tools being used by the Department of Energy for determining the safety and reliability of the nuclear weapons stockpile are performing in a manner that will provide an adequate degree of certainty that the stockpile is safe and reliable.

#### (b) Coordination with Secretary of Defense

The Secretary of Energy, in developing the criteria required by subsection (a), shall coordinate with the Secretary of Defense.

(Pub. L. 107–314, div. D, title XLII, §4202, formerly Pub. L. 105–261, div. C, title XXXI, §3158, Oct. 17, 1998, 112 Stat. 2257; Pub. L. 106–65, div. A, title X, §1067(3), Oct. 5, 1999, 113 Stat. 774; renumbered Pub. L. 107–314, div. D, title XLII, §4202, by Pub. L. 108–136, div. C, title XXXI, §3141(e)(3), Nov. 24, 2003, 117 Stat. 1758; Pub. L. 111–84, div. C, title XXXI, §3112, Oct. 28, 2009, 123 Stat. 2703; Pub. L. 112–239, div. C, title XXXI, §3133(b)(1), (2), Jan. 2, 2013, 126 Stat. 2192.)

#### **Editorial Notes**

#### Codification

Section was formerly set out as a note under section 2121 of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

#### Amendments

2013—Pub. L. 112–239, §3133(b)(2), substituted "Stockpile stewardship criteria" for "Report on stockpile stewardship criteria" in section catchline.

Subsecs. (c), (d). Pub. L. 112–239, §3133(b)(1), struck out subsecs. (c) and (d), which related, respectively, to report and definitions.

2009—Subsec. (c). Pub. L. 111–84, §3112(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) required submission of report not later than Mar. 1, 2000, to Congressional committees on Department of Energy efforts to develop subsec. (a) criteria.

Subsec. (d). Pub. L. 111–84, §3112(b), added subsec. (d).

1999—Subsec. (c). Pub. L. 106–65 substituted "Committee on Armed Services" for "Committee on National Security" before "of the House of Representatives".
Promissory Note



  Exhibit 10(d) 
   
  PROMISSORY NOTE 
   
  Effective as of September 1,
2002, for value received, the undersigned corporation promises to pay Wachovia Bank, National Association, on demand, such principal amounts from time to time outstanding hereunder up to the sum of Two Billion and No/100 Dollars ($2,000,000,000.00)
at Charlotte, North Carolina, with interest payable monthly at the prior month’s average federal funds rate. Interest will be computed based on actual number of days outstanding divided by actual number of days in the month. 

 
  The undersigned waives demand, protest and notice of dishonor. 
   

 WITNESS the hand and seal of the undersigned. 
   
  
	  	 	  	 	 Wachovia Preferred Funding Corp.
 
	 ATTEST:
 	 	  	 	  
	 
	  	 	 /s/    David M. Julian        
 
	 	  	 	 By:
 	 	 /s/    Gary R. Sessions        
 

	  	 	 David M. Julian
 Senior Vice
President
 	 	  	 	  	 	 Gary R. Sessions
 Vice
President
Exhibit 10.4A


                                       August 27, 2001

Alan Lukas
16 Stapleford Drive
Falmouth, ME 04105

Dear Al:

      This letter will serve to formally confirm our mutual agreement
whereby you will leave your full-time Vice President - Product Development
position at Intelligent Controls, Inc. ( INCON ), to be effective September
14, 2001.  As discussed among the Directors, you will continue, for the
time
being, to serve as Chairman of the Board and also be available, as
required,
for up to 400 hours of consulting service, in total, per year.

      We have agreed that you will continue to receive base pay, on a bi-
weekly basis for twelve months, subject to a shortened time-frame in the
event you secure full-time employment, as called out in section 5 (b) 1 of
your employment agreement dated May 1, 1998. Your current annual base pay
rate is $133,000. In addition, all other provisions of section 5 (b) shall
apply. You will also continue to receive the Board/Consulting retainer,
which is currently paid quarterly, as per section 5 (b) 2 of your
employment
agreement and the Company will make available health insurance benefits to
you and your family as required by section 5 (b) 2.

      INCON will provide on-going e-mail services and appropriate phone
messaging and forwarding support, if needed.  Other administrative services
can be made available, upon request, but it is not the mutual intent, after
a limited transition, that you maintain an office here.

      Alan, I look forward to your continued contributions to INCON's
success and wish you the best of luck with your new business activities.

                                       Very truly yours,

                                       /s Roger E. Brooks
                                       ------------------------------------
-
                                       Roger E. Brooks
                                       President/CEO


Agreed and accepted:


/s Alan Lukas
---------------------------------
Alan Lukas
Date:  9/6/01
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Ernesto Dutchover Garcia

, * From the 118 th District

Court of Howard County,

Trial Court No. 13055

.

Vs. No. 11

- 12

- 00091

- CR * April 30, 2014

The State of Texas, * Memorandum Opinion by Bailey, J

. (Panel consists of: Wright, C.J.,

Willson , J. , and Bailey, J. )

This court has inspected the record in this cause and concludes that there is

no error in the judgment below. Therefore, in accordance with this court ’ s

opinion, the judgment of the tria l court is in all things affirmed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS CONTAINED IN JUDGE.COM, INC. QUARTERLY REPORT ON FORM 10-Q
FOR THE SIX MONTHS ENDED JUNE 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CURRENCY> 1

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                               19,957,453
<ALLOWANCES>                                 1,024,170
<INVENTORY>                                          0
<CURRENT-ASSETS>                            22,690,344
<PP&E>                                       5,597,250
<DEPRECIATION>                               2,570,575
<TOTAL-ASSETS>                              35,276,389
<CURRENT-LIABILITIES>                        8,458,637
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       139,843
<OTHER-SE>                                  17,876,464
<TOTAL-LIABILITY-AND-EQUITY>                35,276,389
<SALES>                                              0
<TOTAL-REVENUES>                            55,387,940
<CGS>                                       35,990,546
<TOTAL-COSTS>                               52,430,355
<OTHER-EXPENSES>                               476,285
<LOSS-PROVISION>                               203,420
<INTEREST-EXPENSE>                             489,778
<INCOME-PRETAX>                              2,481,300
<INCOME-TAX>                                   330,764
<INCOME-CONTINUING>                          2,150,536
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,150,536
<EPS-BASIC>                                      $0.15
<EPS-DILUTED>                                    $0.15


</TABLE>
<PAGE>   1

                                                                    EXHIBIT 21.1

                     SUBSIDIARIES OF MAI SYSTEMS CORPORATION

                                   (12/31/98)


The following is a list showing MAI Systems Corporation and each of its
subsidiaries, as of December 31, 1998, indicating each jurisdiction under the
laws of which it was organized:

<TABLE>
<CAPTION>
                                                           JURISDICITION OF
               NAME:                                       INCORPORATION
               -----                                       ----------------
<S>                                                        <C>
      MAI SYSTEMS CORPORATION                              DELAWARE

      Gaming Systems International                         Nevada

      MAI Canada Ltd.                                      Canada

      CLS Software International, Inc.                     California

      CLS de Mexico, S.A. de C.V.                          Mexico

      MAI del Caribe, Inc.                                 Delaware

      Computerized Lodging Systems B.V.                    Netherlands

      MAI de Venezuela, S.A.                               Venezuela

      Hotel Information Systems Ltd.                       Hong Kong

      Hotel Information Systems, Pte. Limited              Singapore

      MAI Information Solutions Limited                    United Kingdom

      Boss Solutions Limited                               Hong Kong
</TABLE>
### §212. Confiscation of property employed to aid insurrection

Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employee, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned.

(R.S. §5308.)

#### **Editorial Notes**

#### Codification

R.S. §5308 derived from act Aug. 6, 1861, ch. 60, §1, 12 Stat. 319.
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 NeoMedia  Technologies,  Inc. (the
"Company")  on Form 10-QSB for the period ended March 31, 2004 as filed with the
Securities  and  Exchange  Commission  on the date  hereof (the  "Report"),  the
undersigned,  in the  capacities  and  on  the  dates  indicated  below,  hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.

Date: May 19, 2004                            By: /s/ Charles T. Jensen
     -------------                                ------------------------------
                                                  Name:  Charles T. Jensen
                                                  Title: Chief Executive Officer

A signed  original of this written  statement  required by Section 906, or other
document  authentications,  acknowledging,  or otherwise  adopting the signature
that  appears  in typed  form  within the  electronic  version  of this  written
statement  required by Section 906, has been provided to NeoMedia  Technologies,
Inc. and will be retained by NeoMedia  Technologies,  Inc. and  furnished to the
Securities and Exchange Commission or its staff upon request.
### §2651. Prohibition on international inspections of Department of Energy facilities unless protection of Restricted Data is certified

#### (a) Prohibition on inspections

The Secretary of Energy may not allow an inspection of a national security laboratory or nuclear weapons production facility by the International Atomic Energy Agency until the Secretary certifies to Congress that no Restricted Data will be revealed during such inspection.

#### (b) Omitted

(Pub. L. 107–314, div. D, title XLV, §4501, formerly Pub. L. 104–106, div. C, title XXXI, §3154, Feb. 10, 1996, 110 Stat. 624; renumbered Pub. L. 107–314, div. D, title XLV, §4501, and amended Pub. L. 108–136, div. C, title XXXI, §3141(h)(2), Nov. 24, 2003, 117 Stat. 1771; Pub. L. 112–239, div. C, title XXXI, §3131(j), Jan. 2, 2013, 126 Stat. 2182; Pub. L. 113–66, div. C, title XXXI, §3146(a)(2)(F), Dec. 26, 2013, 127 Stat. 1073; Pub. L. 113–291, div. C, title XXXI, §3142(j), Dec. 19, 2014, 128 Stat. 3900.)

#### **Editorial Notes**

#### Codification

Section is comprised of section 4501 of Pub. L. 107–314. Subsec. (b) of section 4501 of Pub. L. 107–314 amended provisions set out as a note under section 2153 of Title 42, The Public Health and Welfare.

Subsec. (a) of section 3154 of Pub. L. 104–106 was formerly set out as a note under section 2164 of Title 42, prior to renumbering by Pub. L. 108–136.

#### Amendments

2014—Subsec. (a). Pub. L. 113–291 substituted "national security laboratory or nuclear weapons production facility" for "nuclear weapons facility".

2013—Subsec. (a). Pub. L. 113–66 substituted "Restricted Data" for "restricted data".

Subsec. (c). Pub. L. 112–239 struck out subsec. (c), which defined "restricted data".

2003—Pub. L. 108–136, §3141(h)(2)(D), redesignated par. (1) of subsec. (a) as entire subsec. (a) and par. (2) of subsec. (a) as subsec. (c) and, in subsec. (c), inserted heading and substituted "In this section" for "For purposes of paragraph (1)". Subsec. (c) was editorially transferred to follow subsec. (b), to reflect the probable intent of Congress.