alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

CECIL THOMAS RICE,

Petitioner, v. JIM SALMONSEN, Warden, Montana State Prison,

Respondent. OP 21-0496 

# FiLED OCT 0 52021 Bowen Greenwood Clerk of Supreme Court State of Montana ORDER

Cecil Thomas Rice has filed a Petition for Writ ofHabeas Corpus, indicating that his incarceration is illegal because he has "had no access to [his] legal materials for the past 30 days." He statesthat, without these needed documents,he cannot proceed with his pending appeal concerning his postconviction relief petition and that his appeal "will be unavoidably dismissed." Rice refers to MSP policy whereby he should have access to current case materials. Habeas corpusisnot theremedy foraccessto legal materials. Morethan thirtyyears ago, we explained that this Court did not have subject matter jurisdiction over many constitutional claims because the claims are not the cause ofthe incarceration. Gates v. Missoula Cty. Comm'rs., 235 Mont. 261, 263, 766 P.2d 884, 885 (1988). (Emphasis added). This Court determined that habeas corpus was not the correct remedy for constitutional claims, including "adequate food, shelter, clothing, medical care, exercise, individual security, and a law library[.]" Gates, 235 Mont. at 262, 766 P.2d at 884. Rice'sremedy is found in a motion for extension oftime. In hispendingappeal,his opening brief was due on Thursday, October 7, 2021. See Rice v. State ofMontana, No. DA 21-0319. We observe that Rice moved this Court for an extension in his appeal, and this Court granted hismotion on October 1. His opening briefis now due on or before November 8. Therefore, 10/05/2021

Case Number: OP 21-0496IT IS ORDERED that Rice's Petition for Writ ofHabeas Corpus is DENIED.

The Clerk also is directed to provide a copy ofthis Order to counsel ofrecord and to Cecil Thomas Rice. ‘•k^ -, DATED this _c day ofOctober, 2021.
ChiefJustice

7 42—

t?" Justices

2
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 Commerce

###### Foreign-Trade Zones Board

          - [S-196-2020]

On November 2, 2020, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the State of New Jersey Department of State, grantee of FTZ 44, requesting subzone status subject to the existing activation limit of FTZ 44, on behalf of MANE USA, in Wayne and Parsippany, New Jersey.

                    The application was processed in accordance with the FTZ Act and Regulations, including notice in the                     **Federal Register**                     inviting public comment (85 FR 70581, November 5, 2020). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 44M was approved on December 17, 2020, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 44's 407.5-acre activation limit.                

Dated: December 17, 2020.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2020-28210 Filed 12-21-20; 8:45 am]

BILLING CODE 3510-DS-P
#### Christine Reitan *vs.*Eliza Goebel and others.

May 1, 1889.

Action on Appeal Bond. — Evidence *held*sufficient to support the verdict.

Action brought in the district court for Clay county on a *supersedeas*bond given by defendant Goebel on an appeal to this court from an order refusing a new trial in the suit of *Beitan*v. *Goebel,*the other defendants being the sureties. A former appeal is reported, 35 Minn. 384. Upon the trial, before *Baxter,*J., plaintiff had a verdict. . Defendants appeal from an order refusing a new trial.

*Burnham é Tillotson,*for appellants.

*0. Mosness,*for respondent.

*By the Court.*

The only question presented upon this appeal is as to whether the evidence justified the determination of the jury that, at the time of the execution of the. bond upon which this action is brought, the defendant Goebel had property which might have been *409seized and appropriated to the satisfaction of a judgment which the plaintiff had recovered against her. An examination of the record satisfies ns that the evidence was sufficient, and that the order refusing a new trial should be affirmed.

Ordered accordingly.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEETS AT SEPTEMBER 30, 2000 (UNAUDITED) AND THE
CONDENSED CONSOLIDATED STATEMENTS OF INCOME FOR THE THREE MONTHS AND SIX MONTHS
ENDED SEPTEMBER 30, 2000(UNAUDITED) AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              MAR-31-2001
<PERIOD-START>                                 APR-01-2000
<PERIOD-END>                                   SEP-30-2000
<CASH>                                               3,118
<SECURITIES>                                         8,773
<RECEIVABLES>                                        2,057
<ALLOWANCES>                                          (740)
<INVENTORY>                                          3,941
<CURRENT-ASSETS>                                    17,611
<PP&E>                                              18,264
<DEPRECIATION>                                     (12,907)
<TOTAL-ASSETS>                                      29,095
<CURRENT-LIABILITIES>                                4,244
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                99
<OTHER-SE>                                          24,752
<TOTAL-LIABILITY-AND-EQUITY>                        24,851
<SALES>                                             10,702
<TOTAL-REVENUES>                                    10,702
<CGS>                                                5,886
<TOTAL-COSTS>                                        5,886
<OTHER-EXPENSES>                                     3,073
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                      2,005
<INCOME-TAX>                                        (1,089)
<INCOME-CONTINUING>                                  3,094
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                         3,094
<EPS-BASIC>                                            .31
<EPS-DILUTED>                                          .30



</TABLE>
### §494. Supervision and control of project

The provisions of this chapter shall be subject to the duties and authority of the Secretary of Defense and the departments and agencies of the Department of Defense as provided in the National Security Act of 1947.

(Mar. 30, 1949, ch. 41, §4, 63 Stat. 18; Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591.)

#### **Editorial Notes**

#### References in Text

The National Security Act of 1947, referred to in text, is act July 26, 1947, ch. 343, 61 Stat. 495, which is classified principally to chapter 44 (§3001 et seq.) of this title. For complete classification of this Act to the Code, see Tables.

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

#### Change of Name

"Department of Defense" substituted in text for "National Military Establishment" on authority of act Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               DEC-31-1997
<CASH>                                       7,128,288
<SECURITIES>                                         0
<RECEIVABLES>                               23,991,692
<ALLOWANCES>                                   563,400
<INVENTORY>                                 33,844,010
<CURRENT-ASSETS>                            68,349,069
<PP&E>                                      29,744,332
<DEPRECIATION>                              17,999,117
<TOTAL-ASSETS>                              88,715,270
<CURRENT-LIABILITIES>                       21,999,418
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    39,131,857
<OTHER-SE>                                   9,577,567
<TOTAL-LIABILITY-AND-EQUITY>                88,715,270
<SALES>                                     31,346,845
<TOTAL-REVENUES>                            31,416,677
<CGS>                                       21,392,505
<TOTAL-COSTS>                               30,844,124
<OTHER-EXPENSES>                             9,451,619
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             418,948
<INCOME-PRETAX>                                153,605
<INCOME-TAX>                                    48,000
<INCOME-CONTINUING>                            105,605
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   105,605
<EPS-PRIMARY>                                     0.02
<EPS-DILUTED>                                     0.02
        

</TABLE>
#### § 905.780 Surface mining permit applications—Minimum requirements for reclamation and operation plan.

Part 780 of this chapter, *Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan,* shall apply to any person who makes application to conduct surface coal mining and reclamation operations.
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#### § 921.701 General.

Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15, and part 701 of this chapter shall apply to surface coal mining and reclamation operations in Massachusetts.
### **CHAPTER 5—ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY**

#### SUBCHAPTER I—ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

Sec.
51 to 81.
Repealed or Transferred.
82.
Procurement of ships and material during war.
83 to 88.
Repealed or Omitted.

#### SUBCHAPTER II—EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

91 to 96.
Repealed or Omitted.

#### SUBCHAPTER III—ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS

98.
Short title.
98a.
Congressional findings and declaration of purpose.
98b.
National Defense Stockpile.
98c.
Materials constituting the National Defense Stockpile.
98d.
Authority for stockpile operations.
98e.
Stockpile management.
98e–1.
Transferred.
98e–2.
Multiyear procurement authority for domestically processed critical minerals.
98f.
Special Presidential disposal authority.
98g.
Materials development and research.
98h.
National Defense Stockpile Transaction Fund.
98h–1.
Strategic and Critical Materials Board of Directors.
98h–2.
Reports.
98h–3.
Definitions.
98h–4.
Importation of strategic and critical materials.
98h–5.
Biennial report on stockpile requirements.
98h–6.
Development and conservation of reliable sources.
98h–7.
National Defense Stockpile Manager.
98i, 99.
Repealed or Transferred.
100.
Nitrate plants.
100a.
Omitted.
Exhibit 99

**Forward-looking statements**

The Private Securities Litigation Reform Act of 1995 provides a safe harbor for forward-looking statements made by or on behalf of us.  We and our representatives may, from time to time, make written or verbal forward-looking statements.  Generally, the inclusion of the words “believe,” “expect,” “intend,” “estimate,” “anticipate,” “will,” “guidance,” “forecast,” “outlook” and similar expressions, in filings with the SEC, in our press releases and in oral statements made by our representatives, identify statements that constitute “forward-looking statements” within the meaning of Section 27A of the Securities Act and Section 21E of the Securities Exchange Act of 1934 (the “Exchange Act”) and are intended to come within the safe harbor protection provided by those sections.  The forward-looking statements are based upon management’s current views and assumptions regarding future events and operating performance, and are applicable only as of the dates of such statements.  The Company undertakes no obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise.

By their nature, forward-looking statements involve risk and uncertainties that could cause actual results to differ materially from anticipated results.  Such risks and uncertainties include, but are not limited to: 

**Risks Relating to Our Business**

****
§ 585.503 What are the rent and operating fee requirements for a commercial lease? ( a ) The rent for a commercial lease is $3 per acre per year, unless otherwise established in the FSN or lease. ( 1 ) You must pay ONRR the first 12 months' rent no later than 45 calendar days after you receive your copy of the executed lease from BOEM under § 585.500(c)(3). P>
( 2 ) You must pay ONRR as provided in 30 CFR 1218.51 the rent due at the beginning of each subsequent 1-year period for the entire lease area until the facility begins commercial operations as specified in § 585.506 or as otherwise specified in the FSN or lease: ( i ) For leases issued competitively, BOEM will specify in the FSN and lease any adjustment to the rent that will take effect during commercial operations but before the operations period.
( ii ) For leases issued noncompetitively, BOEM will specify in the lease any adjustment to the rent that will take effect during commercial operations but before the operations period.
( 3 ) You must pay ONRR as provided in 30 CFR 1218.51 the rent due for a project easement in addition to the lease rent as provided in § 585.507. You must commence rent payments for your project easement upon BOEM's approval of your COP or GAP.
( b ) After your lease begins commercial operations, you must pay the operating fees in the amount specified in § 585.506. Regardless of whether the lease is awarded competitively or noncompetitively, BOEM will specify in the lease when operating fees commence.
**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 on Form 10-Q of Diapulse Corporation
      of America (the “Company”) for the quarter ended September 30, 2008, as
      filed with the Securities and Exchange Commission (the “Report”), the
      undersigned, being the Chief Executive Officer and Chief Financial Officer
      of
      the Company, hereby certifies pursuant to 18 U.S.C. Section 1350, as
      added by 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 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.





By:
            /s/
                David Mr. Ross
            November
                10, 2008David
                M. RossPresident,
                Chief Executive Officerand
                Principal Financial Officer





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


19
§ 90.208 Respirable dust samples; transmission by operator. ( a ) If using a CMDPSU, the operator shall transmit within 24 hours after the end of the sampling shift all samples collected to fulfill the requirements of this part, including control filters, in containers provided by the manufacturer of the filter cassette to: Respirable Dust Processing Laboratory, Pittsburgh Safety and Health Technology Center, 626 Cochrans Mill Road, Building 38, Pittsburgh, PA 15236-3611, or to any other address designated by the District Manager.
( b ) The operator shall not open or tamper with the seal of any filter cassette or alter the weight of any filter cassette before or after it is used to fulfill the requirements of this part.
( c ) A person certified in sampling shall properly complete the dust data card that is provided by the manufacturer for each filter cassette. The card shall have an identification number identical to that on the cassette used to take the sample and be submitted to MSHA with the sample. Each card shall be signed by the certified person who actually performed the required examinations under 90.205(b) of this part during the sampling shift and shall include that person's MSHA Individual Identification Number (MIIN). Respirable dust samples with data cards not properly completed may be voided by MSHA.
( d ) All respirable dust samples collected by the operator shall be considered taken to fulfill the sampling requirements of part 70, 71, or 90 of this title, unless the sample has been identified in writing by the operator to the District Manager, prior to the intended sampling shift, as a sample to be used for purposes other than required by part 70, 71, or 90 of this title.
( e ) Respirable dust samples received by MSHA in excess of those required by this part shall be considered invalid samples.
( f ) If using a CPDM, the person certified in sampling shall ( 1 ) validate, certify, and transmit electronically to MSHA within 24 hours after the end of each sampling shift all sample data file information collected and stored in the CPDM, including the sampling status conditions encountered when sampling each part 90 miner; and
( 2 ) not tamper with the CPDM or its components in any way before, during, or after it is used to fulfill the requirements of this part, or alter any data files. All CPDM data files transmitted electronically to MSHA shall be maintained by the operator for at least 12 months.
[79 FR 24988, May 1, 2014, as amended at 80 FR 52993, Sept. 2, 2015]
### §300307. Historic preservation review commission

In this division, the term "historic preservation review commission" means a board, council, commission, or other similar collegial body—

(1) that is established by State or local legislation as provided in section 302503(a)(2) of this title; and

(2) the members of which are appointed by the chief elected official of a jurisdiction (unless State or local law provides for appointment by another official) from among—

(A) professionals in the disciplines of architecture, history, architectural history, planning, prehistoric and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture, or related disciplines, to the extent that those professionals are available in the community; and

(B) other individuals who have demonstrated special interest, experience, or knowledge in history, architecture, or related disciplines and will provide for an adequate and qualified commission.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3189.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 300307 | 16 U.S.C. 470w(13). | Pub. L. 89–665, title III, §301(13), as added Pub. L. 96–515, title V, §501, Dec. 12, 1980, 94 Stat. 3002; Pub. L. 102–575, title XL, §4019(a)(11), Oct. 30, 1992, 106 Stat. 4764. |

Section