alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEVE COOPER, 

Plaintiff-Appellant, 

 v. 

DAVID HAASE, in his official capacity as 

Director, Real Property Utilization & 

Disposal Division, Government Services 

Administration; et al., 

Defendants-Appellees.

No. 17-16795 

D.C. No. 2:16-cv-02649-ESW 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Eileen S. Willett, Magistrate Judge, Presiding

Submitted February 4, 2019**

Phoenix, Arizona

Before: HAWKINS, M. SMITH, and HURWITZ, Circuit Judges.

This action seeks judicial review pursuant to the Administrative Procedure 

Act (“APA”), 5 U.S.C. § 702, of the decision of the General Services Administration 

 

* 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

FEB 6 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

(“GSA”) to reject Steve Cooper’s bid in an auction for real property. The district 

court dismissed Cooper’s complaint for lack of subject matter jurisdiction, citing 

federal sovereign immunity. We have jurisdiction over Cooper’s appeal under 28 

U.S.C. § 1291, and affirm.

The APA waives federal sovereign immunity when a plaintiff “suffering legal 

wrong because of agency action” seeks “relief other than money damages.” 5 U.S.C. 

§ 702. That waiver does not apply, however, if the relief sought is “expressly or 

impliedly forbidden by another statute.” Tucson Airport Auth. v. Gen. Dynamics 

Corp., 136 F.3d 641, 645 (9th Cir. 1998). The Tucker Act, 28 U.S.C. § 1491, 

“impliedly forbids declaratory and injunctive relief and precludes [the APA § 702] 

waiver of sovereign immunity” for any claim founded upon an express or implied 

contract with the United States. N. Side Lumber Co. v. Block, 753 F.2d 1482, 1484–

85 (9th Cir. 1985) (internal quotation marks omitted) (citing 28 U.S.C. 

§ 1491(a)(1)). 

Cooper seeks a judicial declaration that he entered into a contract with the 

GSA when he submitted his bid. His claim thus falls outside the APA’s limited 

waiver of sovereign immunity. Contrary to Cooper’s argument, his claim does not 

arise out of a statute. The Federal Property and Administrative Services Act 

(“FPASA”) does not provide for a private cause of action. See 40 U.S.C. § 545. 

Moreover, the FPASA confers no rights upon Cooper that exist independently of the 
3 

purported contract. See Tucson Airport, 136 F.3d at 647.

AFFIRMED.
#### Sony Corporation of America *v.*J. G. E. Appliance of Stamford, Inc.

*Anthony M. MacLeod,*in support of the motion.

*George G. Hastings*and *William T. Sellay,*in opposition.

Submitted November 22

decided December 10, 1974

The defendant’s motion for a review of the order by the trial court dated November 15,1974, terminating the stay of execution of judgment pending appeal from the Superior Court in Fairfield County is granted and the relief sought therein is denied.
### §1765b–1. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 95–501, title VI, §602, Oct. 21, 1978, 92 Stat. 1691, which provided for an annual report on export promotion, was omitted as part of the complete revision of Pub. L. 95–501 by Pub. L. 101–624, title XV, §1531, Nov. 28, 1990, 104 Stat. 3668. See chapter 87 (§5601 et seq.) of this title.
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EXHIBIT 13.3





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We consent to the incorporation by reference of our report dated April 17, 2014, relating to the consolidated financial statements and schedule of Avino Silver & Gold Mines Ltd. appearing in the Annual Report on Form 20-F of Avino Silver & Gold Mines Ltd. for the year ended December 31, 2013 to the Company’s Registration Statements on Form S-8 (SEC File No.: 333-195120) and Forms F-3 (SEC File Nos.: 333-193471 and 333-195144).






/s/ Manning Elliott LLPVancouver, CanadaApril 17, 2014
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IV 

118TH CONGRESS 

1ST SESSION H. RES. 162 

Providing amounts for the expenses of the Committee on House 

Administration in the One Hundred Eighteenth Congress. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 27, 2023 

Mr. STEIL submitted the following resolution; which was referred to the 

Committee on House Administration 

RESOLUTION 

Providing amounts for the expenses of the Committee on 

House Administration in the One Hundred Eighteenth 

Congress. 

1 Resolved, 

2 SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES. 

3 For the expenses of the Committee on House Admin4 istration (hereafter in this resolution referred to as the 

5 ‘‘Committee’’), including the expenses of all staff salaries, 

6 there shall be paid, out of the applicable accounts of the 

7 House of Representatives for committee salaries and ex8 penses, not more than $15,307,290 for the One Hundred 

9 Eighteenth Congress. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HRES 162 IH 

1 SEC. 2. SESSION LIMITATIONS. 

2 Of the amount specified in section 1— 

3 (1) not more than $7,405,638 shall be available 

4 for expenses incurred during the period beginning at 

5 noon on January 3, 2023, and ending immediately 

6 before noon on January 3, 2024; and 

7 (2) not more than $7,901,652 shall be available 

8 for expenses incurred during the period beginning at 

9 noon on January 3, 2024, and ending immediately 

10 before noon on January 3, 2025. 

11 SEC. 3. VOUCHERS. 

12 Payments under this resolution shall be made on 

13 vouchers authorized by the Committee, signed by the 

14 Chairman of the Committee, and approved in the manner 

15 directed by the Committee on House Administration. 

16 SEC. 4. REGULATIONS. 

17 Amounts made available under this resolution shall 

18 be expended in accordance with regulations prescribed by 

19 the Committee on House Administration. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
```

[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Page 2421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00344]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Heart, Lung, and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Heart, Lung, and Blood Initial Review Group; 
Clinical Trials Review Committee.
    Date: February 25-26, 2021.
    Time: 9:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6705 Rockledge Drive, 
Bethesda, MD 20817 (Virtual Meeting).
    Contact Person: Keary A. Cope, Ph.D., Scientific Review Officer, 
Office of Scientific Review/DERA, National Heart, Lung, and Blood 
Institute, National Institutes of Health, 6705 Rockledge Drive, Room 
209-A, Bethesda, MD 20892-7924, (301) 827-7912, [email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center for Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: January 6, 2021.
David W. Freeman,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-00344 Filed 1-11-21; 8:45 am]
BILLING CODE 4140-01-P
```
[Federal Register Volume 86, Number 3 (Wednesday, January 6, 2021)]
[Notices]
[Pages 552-553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-29203]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Board of 
Scientific Counselors, National Institute of Mental Health, January 19, 
2021, 3:00 p.m. to January 22, 2021, 6:00 p.m., PORTER NEUROSCIENCE 
RESEARCH CENTER, Building 35A, 35 Convent Drive, Bethesda, MD 20892 
which was

[[Page 553]]

published in the Federal Register on December 23, 2020, 85 FR 83981.
    This notice is being amended to update the dates of the meeting. 
The meeting will now be held on January 21-22, 2021 only. The format 
remains virtual. The meeting is closed to the public.

    Dated: December 30, 2020.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2020-29203 Filed 1-5-21; 8:45 am]
BILLING CODE 4140-01-P
###### Editorial Note on Part 842

#### Editorial Note:

Nomenclature changes to part 842 appear at 81 FR 83688, Nov. 22, 2016.

#### § 842.58 Right of subrogation, indemnity, and contribution.

The Air Force has all the rights of subrogation, indemnity and contribution, as local law permits. However, settlement authorities will not seek contribution or indemnity from U.S. military members or civilian employees whose conduct gave rise to U.S. Government liability, or whenever it would be harmful to international relations.

[81 FR 83694, Nov. 22, 2016]
### §202. "Stockyard" defined; determination by Secretary as to particular yard

(a) When used in this subchapter the term "stockyard" means any place, establishment, or facility commonly known as stockyards, conducted, operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers, consisting of pens, or other inclosures, and their appurtenances, in which live cattle, sheep, swine, horses, mules, or goats are received, held, or kept for sale or shipment in commerce.

(b) The Secretary shall from time to time ascertain, after such inquiry as he deems necessary, the stockyards which come within the foregoing definition, and shall give notice thereof to the stockyard owners concerned, and give public notice thereof by posting copies of such notice in the stockyard, and in such other manner as he may determine. After the giving of such notice to the stockyard owner and to the public, the stockyard shall remain subject to the provisions of this subchapter until like notice is given by the Secretary that such stockyard no longer comes within the foregoing definition.

(Aug. 15, 1921, ch. 64, title III, §302, 42 Stat. 163; Pub. L. 85–909, §2(2), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90–446, §1(a), July 31, 1968, 82 Stat. 474.)

#### **Editorial Notes**

#### Amendments

1968—Subsec. (a). Pub. L. 90–446 substituted "operated, or managed for profit or nonprofit as a public market for livestock producers, feeders, market agencies, and buyers" for "or operated for compensation or profit as a public market".

1958—Subsec. (a). Pub. L. 85–909 struck out "Said sections shall not apply to a stockyard of which the area normally available for handling livestock, exclusive of runs, alleys, or passage ways, is less than twenty thousand square feet."

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

#### Transportation of Livestock

Pub. L. 85–909, §2(2), Sept. 2, 1958, 72 Stat. 1750, provided in part: "That nothing herein [this section] shall be deemed a definition of the term 'public stockyards' as used in section 15(5) of the Interstate Commerce Act [former 49 U.S.C. 15(5)]".
### §499o. Rules, regulations, and orders; appointment, removal, and compensation of officers and employees; expenditures; authorization of appropriations; abrogation of inconsistent statutes

The Secretary may make such rules, regulations, and orders as may be necessary to carry out the provisions of this chapter, and may cooperate with any department or agency of the Government, any State, Territory, District, or possession, or department, agency, or political subdivision thereof, or any person; and shall have the power to appoint, remove, and fix the compensation of such officers and employees not in conflict with existing law, and make such expenditures for rent outside the District of Columbia, printing, binding, telegrams, telephones, lawbooks, books of reference, publications, furniture, stationery, office equipment, travel, and other supplies and expenses, including reporting services, as shall be necessary to the administration of this chapter in the District of Columbia and elsewhere, from the Perishable Agricultural Commodities Act fund provided for by section 499c(b) of this title and any supplements to such fund, and as may be appropriated for by Congress; and there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for such purposes. This chapter shall not abrogate nor nullify any other statute, whether State or Federal, dealing with the same subjects of this chapter; but it is intended that all such statutes shall remain in full force and effect except insofar only as they are inconsistent herewith or repugnant hereto.

(June 10, 1930, ch. 436, §15, 46 Stat. 537; June 15, 1950, ch. 254, §3, 64 Stat. 218.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 565 of this title.

#### Amendments

1950—Act June 15, 1950, provided for payment of administrative costs out of fund and any supplements thereto as well as by Congressional appropriations.
Exhibit 21

List of Subsidiaries

Subsidiaries
of International Bancshares Corporation

|Name                       |  | State of Incorporation
or Organization |  | Business              |  | % of
Ownership |  
|-------------------------- |  | -------------------------------------- |  | --------------------- |  | -------------- | -
|IBC Subsidiary Corporation |  | Delaware                               |  | Bank Holding Company  |  | 100            | %
|IBC Life Insurance Company |  | Texas                                  |  | Credit Life Insurance |  | 100            | %
|IBC Trading Company        |  | Texas                                  |  | Export Trading        |  | 100            | %
|IBC Capital Corporation    |  | Texas                                  |  | Investments           |  | 100            | %

Subsidiaries
of IBC Subsidiary Corporation

|Name                                        |  | State of Incorporation
or Organization |  | Business                        |  | % of
Ownership |  
|------------------------------------------- |  | -------------------------------------- |  | ------------------------------- |  | -------------- | -
|International Bank of Commerce              |  | Texas                                  |  | State Bank                      |  | 100            | %
|Commerce Bank                               |  | Texas                                  |  | State Bank                      |  | 100            | %
|International Bank of Commerce, Zapata      |  | Texas                                  |  | State Bank                      |  | 100            | %
|International Bank of Commerce, Brownsville |  | Texas                                  |  | State Bank                      |  | 100            | %
|Gulfstar Group I, Ltd.                      |  | Texas                                  |  | Investment and Merchant Banking |  | 70             | %
|Gulfstar Group II, Ltd.                     |  | Texas                                  |  | Investment Banking              |  | 70             | %
|Gulfstar Merchant Banking II, Ltd.          |  | Texas                                  |  | Merchant Banking                |  | 70             | %

---



QuickLinks
Appendix C: Wieland. Smoke from Two Neighboring Ou tdoor Wood Boilers, Central

Boiler models CL6048 and HF60

January 29, 2010

January 9, 2010December 16, 2009

December 29, 2009December 11, 2009

December 6, 2009

November 16, 2009November 8, 2009

November 3, 2009

October 14, 2009September 20, 2009

September 9, 2009

August 5, 2009July 3, 2009

June 13, 2009

May 10, 2009April 12, 2009

April 11, 2009March 28, 2009

March 9, 2009

February 23, 2009February 20, 2009February 17, 2009

February 4, 2009January 30, 2009

January 26, 2009January 20, 2009

January 16, 2009

January 10, 2009December 12, 2008

November 29, 2008November 26, 2008

November 25, 2008

November 2, 2008October 29, 2008

September 9, 2008

September 5, 2008August 5, 2008

July 23, 2008

June 20, 2008May 27, 2008

May 6, 2008

April 14, 2008

April 2, 2008March 28, 2008

March 20, 2008March 10, 2008

March 6, 2008March 6, 2008March 6, 2008

November 9, 2007

September 28, 2007

September 15, 2007April 19, 2007

February 20, 2007January 25, 2007

December 10, 2006November 20, 2006

October 29, 2006August 20, 2006
### §1995. Participation and financial and technical assistance by other Federal departments, etc., to program participants

Notwithstanding any other provision of law, other departments, agencies, and executive establishments of the Federal Government may participate and provide financial and technical assistance jointly with the Secretary to any applicant to whom assistance is being provided under any program administered by the Farmers Home Administration. Participation by any other department, agency, or executive establishment shall be only to the extent authorized for, and subject to the authorities of, such other department, agency, or executive establishment, except that any limitation on joint participation is superseded by this section.

(Pub. L. 87–128, title III, §347, as added Pub. L. 95–334, title I, §125, Aug. 4, 1978, 92 Stat. 429.)
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ALWANNA KNIGHT, )

)

Plaintiff, )

)

v. ) No. 12 C 11

) USCA No. 12-1132

AURORA LOAN SERVICES, LLC, )

)

Defendant. )

MEMORANDUM1

Among the bizarre steps taken by pro se plaintiff Alwanna

Knight (“Knight”) in this action, the most recent is her filing

of an appeal even though this Court had not issued any

dispositive order in the case. On January 5, 2012 this Court

issued a memorandum order that explained why Knight was not

entitled to in forma pauperis treatment, not in financial terms

but because of her failure to assert a nonfrivolous claim in the

legal sense. Then on January 17 Knight filed a notice of appeal

that added this Court to the coterie of judges and others who are

assertedly conspiring against her, and on January 25 she tendered

to the Court of Appeals her motion seeking leave to appeal in

forma pauperis, whereupon that court ordered the motion to be

transferred to this District Court for ruling. On February 1

this Court responded by issuing another memorandum order II”)

 This memorandum repeats, often verbatim, some of the 1

things stated in the two earlier orders to which it refers. That

has been done simply to make clear the background that gives rise

to this memorandum.
that denied Knight’s in forma pauperis motion and concluded by

“reminding her (as the Court of Appeals’ order did) that to place

the same motion before that court she must refile her motion

there (see Fed. R. App. P. 24).”

All of this has placed this action in limbo because it would

appear that Knight’s attempted appeal has ousted this Court of

jurisdiction. And whatever result may obtain in the Court of

Appeals in connection with any retendering of her in forma

pauperis effort there, the merits of Knight’s substantive claims

(or more accurately, what appears to be their lack of merit) will

not have been resolved at that point. Accordingly this Court

respectfully requests that it be notified forthwith as and when

the Court of Appeals takes action on Knight’s appeal.

________________________________________

Milton I. Shadur

Senior United States District Judge

Date: March 5, 2012

2
Appeal No. 76-448.

#### Mary M. Kyle *v.*Davol, Inc.

*Lovett & Linder, Ltd., Raul L. Lovett,*for petitioner.

*Bernard W. Boyer,*for respondent.

The petitioner’s motion for an extension of time to file her brief is denied as moot.
### §2443. Initial appeal

When an application for plant variety protection has been refused by the Plant Variety Protection Office, the applicant may appeal to the Secretary. The Secretary shall seek the advice of the Plant Variety Protection Board on all appeals, before deciding the appeal.

(Pub. L. 91–577, title II, §63, Dec. 24, 1970, 84 Stat. 1550.)
#### Robert A. McAuliffe et al. *v.*Nicholas Norton, Commissioner of Welfare, et al.

*Richard H. Kosinshi,*in support of the motion.

Submitted October 8

decided October 24, 1974

The motion by the defendant children Robert and Eban McAuliffe to expedite the appeal from the Superior Court in Hartford County is granted to the extent that this court will hear the appeal on copies of the record, briefs and appendices, typed or photographically reproduced, subject to subsequent filing of such documents as provided in § 723 of the Practice Book, as amended.