alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d byN i nth C i r c ui tR ul e 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). LSS/ R es ear ch NOT F OR P UB L I CAT I ON

UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T JU M A H T H O M A S M O O R E -A L I, P la in tif

f - A p p e lla n t, v. J E A N N E W O O D F O R D ; e t a l., D efen d an t s - A p p el l ees. N o. 08- 15425 D . C. N o . 4 : 0 5 - CV - 0 2 6 7 6 - SBA ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e N o rth e rn D is tr ic t o f C a lif o rn ia S aundr aB r ow n A rm s tr ong, D i s tr i c tJ udge , P r e s i di ng

S ubm i tt e d M a r c h 16, 2010 ** B efo re: S C H R O E D E R , P R E G E R S O N , an dL E A V Y , C i rcu i tJu d g es. C a l i f orni as t a t e pr i s one rJ um a h T hom a s M oor e - A l i appe a l s pr o s e f r om the d is tr ic t c o u rt’s o r d e rd e n y in g h is ap p lic a tio n to p u r s u e h is c iv il r ig h ts a c tio n in 

# FI LED APR05 2 010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALSL SS/ Res ea r ch 08- 15425 2 form a pauperi s ( “ IF P ”) . W e have j uri sdi ct i on un der 28 U . S . C . § 1 29 1. W e r evi ew f o rab u s e o f

d is c r e tio n . O ’

L oughl i n v . D oe , 9 2 0 F .2 d6 1 4 , 6 1 6 ( 9 th C ir . 1 9 9 0 ) . W e a f f i rm. M oor e - A l i doe s notc ont e s ton appe a l tha the i s athr e e - s tr i ke s f i l e runde r28 U . S . C . § 1915( g) . M or e ove r , the di s tr i c tc ourtc orr e c t l yde t e rm i ne d tha the di d not s h o w th a th e w a s “ u n d e ri mmi n e n td a n g e ro f s e r i o u s p h y s i c a l i n

j u ry . ” 2 8 U . S. C. § 1 91 5(g). T he harm M oo re -A l i al l eged occurre d app roxi m at el y one ye arbefore h e f i l e d th e a c t i o n . A c c o r d i n g l y , th e d i s tr i c tc o u rtp r o p e r l yd e n i e dh i s I FP appl i c a t i on. AF F I RME D.
**CONSENT
      OF EXPERT**





I
      have
      reviewed the annual Report of Avino Silver & Gold Mines Ltd. on Form 20-F
      for the fiscal year ended January 31, 2006, which includes information derived
      from my technical report on the Avino Tailings Project dated April 25, 2006,
      entitled "Tailings Retreatment Process Options for the Avino Tailings Project
      in
      Durango, Mexico", and I concur that the information as set forth is an accurate
      summary of my report.  I further consent to the use in this Form 20-F
      of the reference to myself as an expert in the Annual Report.








Dated:
      July 27,
      2007                                                                             */s/ Rick Alexander*


Rick
      Alexander, P. Eng
### §3813. Authorization of appropriations

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter.

(Pub. L. 96–468, §13, formerly §14, Oct. 17, 1980, 94 Stat. 2234; renumbered §13, Pub. L. 104–127, title IX, §914(b)(2), Apr. 4, 1996, 110 Stat. 1186.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 13 of Pub. L. 96–468 was renumbered section 12 and is classified to section 3812 of this title.
<TABLE> <S> <C>

  <ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,023,019
<SECURITIES>                                         0
<RECEIVABLES>                                6,281,959
<ALLOWANCES>                                   129,375
<INVENTORY>                                  1,904,128
<CURRENT-ASSETS>                             9,599,647
<PP&E>                                       8,012,415
<DEPRECIATION>                               4,755,173
<TOTAL-ASSETS>                              13,088,039
<CURRENT-LIABILITIES>                        4,231,269
<BONDS>                                      1,246,919
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       425,772
<OTHER-SE>                                   6,781,394
<TOTAL-LIABILITY-AND-EQUITY>                13,088,039
<SALES>                                     17,227,902
<TOTAL-REVENUES>                            17,227,902
<CGS>                                       10,819,066
<TOTAL-COSTS>                               10,819,066
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             105,282
<INCOME-PRETAX>                              2,130,500
<INCOME-TAX>                                   811,400
<INCOME-CONTINUING>                          1,319,100
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,319,100
<EPS-PRIMARY>                                      .30
<EPS-DILUTED>                                      .29
        

</TABLE>
#### 1019.81 Preparing the contracts.
#### 1233.104 Protests to GAO.

The protest process at the Government Accountability Office (GAO) may include ADR assistance by GAO. The contracting officer shall, with advice of counsel, explore the possibility of using ADR for all GAO protests.
# Sheet1

Even Start

State Agency Program Migrant

Impact Aid Basic Support Payments

Impact Aid Payments for Children with Disabilities

Impact Aid Construction

Improving Teacher Quality State Grants

Comprehensive School Reform (Title I)

State Grants for Innovative Programs

Indian Education Grants to Local Educational Agencies

Special Education Grants to States

Special Education Preschool Grants

Grants for Infants and Families

Career and Technical Education State Grants

Tech-Prep Education State Grants

Federal Pell Grants

Federal Supplemental Educational Opportunity Grants

Federal Work Study

Federal Perkins Loans Capital Contributions

Leveraging Educational Assistance Partnership

Byrd Honors Scholarships

State Assessments

Language Acquisition State Grants

Safe and Drug Free Schools and Communities State Grants

Small Rural School Achievement Program

State Grants for Community Service for Expelled or Suspended Students

Vocational Rehabilitation State Grants

Client Assistance State Grants

Protection and Advocacy of Individual Rights

Supported Employment State Grants

State Agency Program--Neglected and Delinquent

Capital Expenses for Private School Children

Mathematics and Science Partnerships

Educational Technology State Grants

21st Century Community Learning Centers

FIE Comprehensive School Reform

Eisenhower Professional Development State Grants

Class Size Reduction

Immigrant Education

Education for Homeless Children and Youth

School Renovation Grants

Independent Living State Grants

Services for Older Blind Individuals

Protection and Advocacy for Assistive Technology

Assistive Technology State Grants

Adult Basic and Literacy Education State Grants

English Literacy and Civics Education State Grants

State Grants for Incarcerated Youth Offenders

Grand Total

Federal Direct Student Loan Program

Federal Family Education Loan Program

Reading First State Grants

School Improvement Grants

ESEA Title I Grants to Local Educational Agencies

Compiled for posting on the WEB by the Budget Service on June 8, 2010.

DEPARTMENT OF EDUCATION

Educational Technology State Grants

State or

Other Area

Arizona

Arkansas

California

State or

2002

Actual

DEPARTMENT OF EDUCATION

DEPARTMENT OF EDUCATION

Compiled for posting on the WEB by the Budget Service on June 8, 2010.

College Access Challenge Grants

Rural and Low Income Schools Program
§ 553.8 Permission to install utilities. ( a ) The installation of utilities in Army National Military Cemeteries, including but not limited to, telephone and fiber optic lines, electric lines, natural gas lines, water pipes, storm drains, and sanitary sewers, must be authorized by the Executive Director.
( b ) Requests for licenses, permits, or easements to install water, gas, or sewer lines, or other utilities or equipment on or across an Army National Military Cemetery or an approach road in which the Government has a right-of-way, fee simple title, or other interest, must be sent to the Executive Director, who will process the request in accordance with Army policy. Requests must include a complete description of the type of license, permit, or easement desired and a map showing the location of the project.
#### In the Matter of Moses Cohen

Application for reinstatement to the Bar denied. Concur — Botein, P. J., Breitel, Valente, McNally and Stevens, JJ.
1009.104-5 Representation and certifications regarding responsibility matters. ( b ) Internal Revenue Service (IRS) contracting officers shall comply with the requirements of subpart 1009.70 once an offeror has been identified as the apparent successful offeror.
#### BARRETT v. WARREN et al.

(Supreme Court, Appellate Term.

November 6, 1903.)

1. Suit against Partnership—Membership of Defendant—Sufficiency of Evidence.

Where plaintiff, suing a partnership, admits that he does not know who composed it, and the only contesting defendant testifies, as plaintiff’s witness, that he was not a member, the complaint is properly dismissed, though plaintiff testifies to having received directions in his work from such defendant.

Appeal from Municipal Court, Borough of Manhattan, Eleventh District.

Action by Dennis J. Barrett against Benjamin F. Warren and others. From a judgment dismissing the complaint, plaintiff appeals. Affirmed.

Argued before FREEDMAN, P. J., and BISCHOFF and BLANCHARD, JJ.

George J. Gruenberg, for appellant.

W. Martin Watson, for respondents.

PER CURIAM.

The complaint was in writing, and therefrom it appeared that the action was upon a claim for work, labor, and services under a contract alleged to have been made with the defendants as copartners under the firm name of “The Richards Company.” So far as appears from the return of the court below, the defendant Warren alone contested the claim, having denied every material allegation of the complaint. Upon the trial but two witnesses were called by the plaintiff—himself and the contesting defendant—and upon the conclusion of this testimony the justice dismissed the complaint for failure of proof. 'The ruling appears to be unassailable.

From the testimony of both witnesses, it appeared that the plaintiff had entered into a contract with “The Richards Company” for the per*579formance of the work sued for, and, consistently with the theory of his contention that the contracting firm was composed of the defendants, the plaintiff testified to certain conversations had with, and directions received from, the defendants Stevens and Warren. His own testimony, however, was to the effect that he did not know of whom “The Richards Company” was composed, and the defendant Warren, as a witness for the plaintiff, unequivocally denied his membership thereof. In view of this condition of the proof, the justice’s conclusion that the action was not maintainable was obviously inevitable.

The judgment appealed from should be affirmed, with costs.
###### Editorial Note on Part 842

#### Editorial Note:

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

#### § 842.44 Attorney fees.

In the settlement of any claim pursuant to 10 U.S.C. 2733 and this subpart, attorney fees will not exceed 20 percent of any award provided that when a claim involves payment of an award over $1,000,000, attorney fees on that part of the award exceeding $1,000,000 may be determined by the Secretary of the Air Force. For the purposes of this paragraph, an award is deemed to be the cost to the United States of any trust or structured settlement, and not its future value.

[55 FR 2809, Jan. 29, 1990. Redesignated at 81 FR 83690, Nov. 22, 2016]
#### 1303.104 Procurement integrity.
#### 1227.305-4 Protection of invention disclosures.

Solicitations and contracts that include a patent rights clause must provide the contractor the means to report inventions made during contract performance and at contract completion. This requirement may be fulfilled by requiring the contractor to submit a Department of Defense DD Form 882, Report of Inventions and Subcontracts.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, 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.

 February 28, 2014

s0224

Order 

Clerk

February 28, 2014

148284

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 148284

COA: 310325

Oakland CC: 2011-236105-FH

MARCUS MANDELLE KELLEY,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the October 24, 2013 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
# 2020 Allocations
#### 1303.602 Exceptions.

The designee authorized to make an exception to the policy in FAR 3.601 is set forth in CAM 1301.70.
#### J & S Construction of NY, Inc., Respondent, v 321 Bowery LLC et al., Defendants, and Commercial Facades, Inc., et al., Appellants. (And a Third-Party Action.)

[835 NYS2d 65]

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered February 14, 2006, which denied the motion of defendants Commercial Facades, also known as Commercial Facade Incorporated, and Miller Construction Co., Inc. to vacate an order of default, unanimously affirmed, without costs.

Appellants claim, as a reasonable excuse for their nonappearance, that they never received any copy of the process in the action because their address on file with the Secretary of State was obsolete. However, the failure to file a change of address with the Secretary of State generally is not a reasonable excuse under CPLR 5015 (a) (1) *(Crespo v A.D.A. Mgt.,*292 AD2d 5 [2002]). While such a failure does not constitute a per se barrier to vacatur, and some flexibility may be allowed by the courts *(Eugene Di Lorenzo, Inc. v A.C. Dutton Lbr. Co.,*67 NY2d 138, 143 [1986]), here flexibility is not warranted. At least three years passed during which the appellants’ address on file with the Secretary of State was not updated, and appellants’ principal, while denying that he had received the default order, *392acknowledged that it had been mailed to his home address *(see KPG Inc. v Salinas Group Ltd,.,*11 AD3d 338 [2004]). Concur— Andrias, J.P., Marlow, Sullivan, Gonzalez and Kavanagh, JJ.
#### Germaine Carroll et al. *v.*Robert Tolo et al.

*Robert Tolo,*pro se, in support of the petition.

*Jay W. Jackson,*in opposition.

Submitted January 9

decided January 14, 1975

The defendants’ petition for certification for appeal from the Appellate Division of the Court of Common Pleas is denied.
#### 1253.300-70 DOT agency forms.

This subpart identifies, in numerical sequence, agency forms that are specified by the TAR for use in acquisitions. See table 1 to 1253.300-70. Forms are also accessible in Adobe PDF and Microsoft Word files on the DOT Office of Senior Procurement Executive website at *https://www.transportation.gov/assistant-secretary-administration/procurement/tar-part-1253-forms.*

| Form name | Form No. |
| --- | --- |
| Contractor's Release Form | 4220.4 |
| Contractor's Assignment of Refunds, Rebates, Credits, and other Amounts. | 4220.45 |
| Cumulative Claim and Reconciliation Statement | 4220.46 |

Table 1 to 1253.300-70—Forms Used in DOT Acquisitions
Exhibit 24.1


POWER OF ATTORNEY

        KNOW ALL MEN BY THESE PRESENTS, that each of the undersigned director
and officers of CORCOM, INC., an Illinois corporation (the "Company"), does
hereby constitute and appoint Werner E. Neuman, Thomas J. Buns and Walter
Roth, and each of them severally, the true and lawful attorneys and agents of
the undersigned, each with full power to act without any other and with full
power of substitution and resubstitution, to do any and all acts and things
and to execute any and all instruments which said attorneys and agents may
deem necessary or desirable to enable the Company to comply with the
Securities Exchange Act of 1934, as amended (the "Act"), and any rules,
regulations and requirements of the Securities and Exchange Commission
thereunder in connection with the filing under the Act of the Company's
Annual Report on Form 10-K for the fiscal year ended December 31, 1997 and all
related matters, including specifically, but without limiting the generality
of the foregoing, power and authority to sign the names of the undersigned
directors and officers in the capacities indicated below to said Form 10-K to
be filed with the Securities and Exchange Commission, to any and all
amendments to said Form 10-K, and to any and all instruments or documents
filed as part of or in connection with any of the foregoing and any and all
amendments thereto; and each of the undersigned hereby ratifies and confirms
all that said attorneys and agents, or any of them, shall do or cause to be
done by virtue hereof.

	IN WITNESS WHEREOF, each of the undersigned has subscribed these
presents this 16th day of March, 1998.



Capacities                              Signatures

President and Director                  s/s Werner E. Neuman
(Principal Executive Officer)           Werner E. Neuman

Vice President and Treasurer            s/s Thomas J. Buns
(Principal Financial and Accounting     Thomas J. Buns
Officer)

Director                                s/s Bruce P. Anderson
                                        Bruce P. Anderson

Director                                s/s Carolyn A. Berry
                                        Carolyn A. Berry

Director                                s/s Herbert L. Roth
                                        Herbert L. Roth

Director                                s/s James A. Steinback
                                        James A. Steinback

Director                                s/s Gene F. Straube
                                        Gene F. Straube

Director                                s/s Renato Tagiuri
                                        Renato Tagiuri
<PAGE>
```

                                                     EXHIBIT 32.1

                   Section 1350 Certification
                 By Principal Executive Officer

     I,  Daniel Greenberg, certify, pursuant to 18 U.S.C. Section
1350,  as adpoted pursuant to  Section 906 of the  Sarbanes-Oxley
Act of 2002, that the periodic report, to which this Statement is
attached,  fully complies  with the requirements of Section 13(a)
or 15(d)  of  the  Securities and Exchange Act of  1934,  and the
information  contained  in  the  periodic report  to  which  this
Statement is attached, fairly presents, in all material respects,
the  financial   condition  and  results  of  operations  of  the
registrant.

     A  signed  original  of  this  written  statement  has  been
provided  to the Company and will be retained by the Company  and
furnished to the SEC upon request.

     Dated March 30, 2006

                              /s/ Daniel Greenberg
                              Daniel Greenberg
                              Chief Executive Officer
```
---

EXHIBIT 13.2

|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 Amendment No. 1 to the Transition Report of Avino Silver & Gold Mines Ltd. (the "Company") on Form 20-F for the eleven months ended December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report").  I, Lisa Sharp, Principal Financial Officer of the Company, 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 and belief:

| | (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.

|Date: August 20, 2008 | /s/
      Lisa Sharp                   
|--------------------- | ---------------------------------------
|                      | Lisa Sharp, Principal Financial Officer

---
<TABLE> <S> <C>

<ARTICLE>                          5
<MULTIPLIER>                       1,000
       
<S>                                <C>
<FISCAL-YEAR-END>                  MAY-31-1998
<PERIOD-START>                     JUN-1-1997
<PERIOD-END>                       NOV-30-1997
<PERIOD-TYPE>                      6-MOS
<CASH>                                           2,539
<SECURITIES>                                        0 
<RECEIVABLES>                                   40,758
<ALLOWANCES>                                     1,927
<INVENTORY>                                         0 
<CURRENT-ASSETS>                                    0 
<PP&E>                                         508,274
<DEPRECIATION>                                 145,799
<TOTAL-ASSETS>                                 459,387
<CURRENT-LIABILITIES>                               0 
<BONDS>                                             0 
<PREFERRED-MANDATORY>                               0 
<PREFERRED>                                         0 
<COMMON>                                        10,061
<OTHER-SE>                                          0 
<TOTAL-LIABILITY-AND-EQUITY>                   459,387
<SALES>                                         12,607
<TOTAL-REVENUES>                                89,393
<CGS>                                           12,292
<TOTAL-COSTS>                                   64,211
<OTHER-EXPENSES>                                    0 
<LOSS-PROVISION>                                    0 
<INTEREST-EXPENSE>                               1,096
<INCOME-PRETAX>                                 24,086
<INCOME-TAX>                                     9,874
<INCOME-CONTINUING>                             14,212
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0 
<CHANGES>                                           0 
<NET-INCOME>                                    14,212
<EPS-PRIMARY>                                     1.14
<EPS-DILUTED>                                     1.14
        

</TABLE>