alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America ex rel. William H. BANKS, Appellant, v. Robert J. HENDERSON et al., Appellees.

No. 907, Docket 75-2022.

United States Court of Appeals, Second Circuit.

Submitted April 18, 1975.

Decided April 18, 1975.

*1001E. Thomas Boyle, New York City (William J. Gallagher, The Legal Aid Society, New York City, on the brief), seeking to be relieved as counsel.

Arlene R. Silverman, Asst. Atty. Gen. of N. Y., for appellees, seeking dismissal of the appeal.

Before KAUFMAN, Chief Judge, and LUMBARD and SMITH, Circuit Judges.

PER CURIAM:

For the reasons stated by Judge Frankel in denying Banks’s petition for a writ of habeas corpus, 74 Civ. 3882 (S.D. N.Y., Nov. 19, 1974), we grant the Legal Aid Society’s motion under Anders v. California, 386 U.S. 738, 774, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) to be relieved as counsel, and dismiss the appeal.

This case presents one novel, though frivolous, claim, on which we deem it necessary to comment briefly in order to clarify the law within the circuit. Banks was arrested and confessed on August 28, 1964, and sentenced on October 19, 1965 upon a plea of guilty. After the state courts overturned his guilty plea, he was retried in 1971, when his confessions, obtained without the admonitions required by Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966), were introduced.

Banks concedes that under Jenkins v. Delaware, 395 U.S. 213, 89 S.Ct. 1677, 23 L.Ed.2d 253 (1969), confessions obtained without *Miranda*warnings are admissible in retrials commencing after *Miranda*if the original trial occurred before *Miranda*was decided. But he maintains that a different rule should apply where the *pre-Miranda*conviction resulted from a guilty plea rather than a trial. We fail, however, to find any reasoned basis for this distinction. The rationale of *Jenkins*was that law enforcement officials who had in good faith relied on then-admissible incriminating confessions to establish their case should not be required, many years after the event, to seek alternative evidence because the confession would be inadmissible under *Miranda’s*prophylactic rule. 395 U.S. at 220-21, 89 S.Ct. 1677. This policy is equally applicable whether the original proceeding was a trial or a guilty plea. United States v. Kienlen, 415 F.2d 557, 559 (10th Cir. 1969).
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## Breadcrumb

            -  Announcements 
            -           Report: Characteristics of 2020–21 Public and Private K–12 School Principals in the United States: Results From the National Teacher and Principal Survey      

# Report: Characteristics of 2020–21 Public and Private K–12 School Principals in the United States: Results From the National Teacher and Principal Survey

This report (PDF, 71 pages) provides new information about public and private K–12 school principals. The report also provides information on principals’ race, sex, age, average time spent on different activities, and influence on decisions. **Learn more.**
#### Ignatius J. Napoli, Appellant, v Anthony Napoli et al., Respondents.

— In an action to recover damages for fraud, plaintiff appeals from so much of an order of the Supreme Court, Nassau County, dated April 28, 1978, as denied his motion, pursuant to CPLR 5015 (subd [a], par 3), to be relieved from a prior judgment of the same court, dated November 19, 1974, which was in favor of defendants. Order affirmed insofar as appealed from, with one bill of $50 costs and disbursements. Special Term correctly concluded that plaintiff had not provided any concrete evidence to support his contention that a specified document received in evidence at the trial had been altered by some of the defendants and that plaintiff’s very same arguments on this issue had either been advanced unsuccessfully, or could have been advanced, at the trial of this action. With respect to the other grounds raised by plaintiff in support of his motion, Special Term correctly held that plaintiff had adequate opportunity to raise them during the course of the trial, and had failed to do so. Accordingly, the plaintiff’s motion to be relieved from a prior judgment was properly denied. Damiani, J. P., Titone, Suozzi and Shapiro, JJ., concur.
#### WILKE, Appellant, v. WRIGHT et al., Respondents.

(Supreme Court, Appellate Di vision, Second Department.

March 2. 1906

Action by Rosalie A. Wilke against Edmumj H. Wright, John H. Vought, and William G Ver Planck, as substituted trustees of the trusi created for Annie M. Vought under the will oj Hosea Webster, deceased.

No opinion. Inter, locutory judgment affirmed, with costs. ¡
#### 552.270-6 Maintenance of Building and Premises—Right of Entry.

As prescribed in 570.703, insert the following clause:

# Maintenance of Building and Premises—Right of Entry (SEP 1999)

Except in case of damage arising out of the willful act or negligence of a Government employee, Lessor shall maintain the premises, including the building and all equipment, fixtures, and appurtenances furnished by the lessor under this lease, in good repair and condition so that they are suitable in appearance and capable of supplying such heat, air conditioning, light, ventilation, access and other things to the premises, without reasonably preventable or recurring disruption, as is required for the Government's access to, occupancy, possession, use and enjoyment of the premises as provided in this lease. For the purpose of so maintaining the premises, the Lessor may at reasonable times enter the premises with the approval of the authorized Government representative in charge.

(End of clause)

[64 FR 37229, July 9, 1999, as amended at 76 FR 30846, May 27, 2011]
Exhibit 32.1

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

In connection with the Annual Report on Form 10-K of Big Sky Industries II, Inc. (the Company) for the year ended September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Ramon Chimelis, President of our Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that, to my 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 result of operations of our Company.



/s/ Ramon Chimelis

Ramon Chimelis

President (Principal Executive Officer)

January 15, 2009
## Office for Civil Rights        Fiscal Year 1999      Guaranteeing Equal Access        to High-Standards Education
Exhibit 99.1

                                   CERTIFICATE
                                 furnished under
                  Section 906 of the Sarbanes-Oxley Act of 2002

     I, Gary L. Rainwater,  chief executive  officer of Central  Illinois Public
Service  Company,  hereby  certify  that  to  the  best  of  my  knowledge,  the
accompanying  Report of Central Illinois Public Service Company on Form 10-Q for
the quarter ended March 31, 2003 fully complies with the requirements of Section
13(a) or  15(d)  of the  Securities  Exchange  Act of 1934 and that  information
contained  in  such  Report  fairly  presents,  in all  material  respects,  the
financial condition and results of operations of Central Illinois Public Service
Company.




                                            /s/ Gary L. Rainwater
                                           ------------------------------------
                                                    Gary L. Rainwater
                                          President and Chief Executive Officer
                                              (Principal Executive Officer)
Date:  May 14, 2003


     A signed  original of this  written  statement  required by Section 906 has
been provided to Central Illinois Public Service Company and will be retained by
Central  Illinois  Public  Service  Company and furnished to the  Securities and
Exchange Commission or its staff upon request.
The UAS fully loaded weighs no more than 5 lbs. and is

operated without an onboard Pilot. As such, there is no 

ability or place to carry certification and registration 

documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping 

these documents at the ground control point where the Pilot 

flying the sUAS will have immediate access to them, to the 

extent they are applicable to the sUAS, and should they be 

issued. The FAA has issued numerous exemptions to this 

regulation. A representative sample of other exceptions 

includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 

9797A, 9816A, and 10700. 

14 CFR §91.405 (a); 407 (a) (2); 417 (a) & (b): 

Maintenance Inspections 

These regulations require that an aircraft operator or owner 

“shall have that aircraft inspected as prescribed in subpart E 

of this part and shall between required inspections, except

as provided in paragraph C of this section, have 

discrepancies repaired as prescribed in Part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in 

compliance with Part 43. 

Given that these section and Part 43 apply only to aircraft 

with an airworthiness certificate, these sections will not apply

to the applicant. Maintenance will be accomplished by the

operator; pursuant to the Operating manual. An equivalent 

level of safety will be achieved because these small UASs 

are very limited in size and will carry a small payload and 

operate only in restricted areas for limited periods of time. If 

mechanical issues arise the UAS can land immediately and 

will be operating from no higher than 400 ft. AGL. As 

provided in the Operating Manual, the PIC (operator) will 

ensure that the UAS is in working order prior to initiating 

flight, and perform required maintenance. Moreover, the 

operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to 

provide the equivalent level of safety.
118TH CONGRESS 

2D SESSION H. R. 1023 

AN ACT 

To repeal section 134 of the Clean Air Act, relating to 

the greenhouse gas reduction fund. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 1023 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Cutting Green Corrup3 tion and Taxes Act’’. 

4 SEC. 2. REPEAL OF GREENHOUSE GAS REDUCTION FUND. 

5 (a) REPEAL.—Section 134 of the Clean Air Act (42 

6 U.S.C. 7434)(relating to the greenhouse gas reduction 

7 fund) is repealed. 

8 (b) RESCISSION.—The unobligated balance of any 

9 amounts made available under section 134 of the Clean 

10 Air Act (42 U.S.C. 7434)(as in effect on the day before 

11 the date of enactment of this Act) is rescinded. 

12 (c) CONFORMING AMENDMENT.—Section 60103 of 

13 Public Law 117–169 (relating to the greenhouse gas re14 duction fund) is repealed. 

15 SEC. 3. REPEAL OF NATURAL GAS TAX. 

16 (a) REPEAL.—Section 136 of the Clean Air Act (42 

17 U.S.C. 7436)(relating to methane emissions and waste re18 duction incentive program for petroleum and natural gas 

19 systems) is repealed. 

20 (b) RESCISSION.—The unobligated balance of any 

21 amounts made available under section 136 of the Clean 
3 

•HR 1023 EH

1 Air Act (42 U.S.C. 7436)(as in effect on the day before 

2 the date of enactment of this Act) is rescinded. 

Passed the House of Representatives March 22, 

2024. 

Attest: 

Clerk. 
118TH CONGRESS 

2D SESSION H. R. 1023 

AN ACT 

To repeal section 134 of the Clean Air Act, relating 

to the greenhouse gas reduction fund.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 157 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
H. J. RES. 157

  Providing for congressional disapproval under chapter 8 of title 5, 
   United States Code, of the rule submitted by the National Marine 
Fisheries Service relating to ``Endangered and Threatened Wildlife and 
   Plants; Listing Endangered and Threatened Species and Designating 
                          Critical Habitat''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2024

Ms. Hageman (for herself, Mr. Newhouse, Ms. Maloy, Ms. Boebert, and Mr. 
Zinke) submitted the following joint resolution; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for congressional disapproval under chapter 8 of title 5, 
   United States Code, of the rule submitted by the National Marine 
Fisheries Service relating to ``Endangered and Threatened Wildlife and 
   Plants; Listing Endangered and Threatened Species and Designating 
                          Critical Habitat''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the National Marine Fisheries Service relating to 
``Endangered and Threatened Wildlife and Plants; Listing Endangered and 
Threatened Species and Designating Critical Habitat'' (89 Fed. Reg. 
24300 (April 5, 2024)), and such rule shall have no force or effect.
                                 <all>
```
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Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

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## Breadcrumb

            -           2013 Annual Synar Reports: Tobacco Sales to Youth      

# 2013 Annual Synar Reports: Tobacco Sales to Youth

SAMHSA is charged with implementing the Synar Amendment, which requires states to enact and enforce laws prohibiting the sale or distribution of tobacco to minors (PDF, 8 pages). Major findings from the Synar data compiled from states in 2013 include an upward trend in retailer violation rates, a decline in youth smokers who obtain their tobacco products in retail settings, and the achievement of the overall Synar goal by 50 states and the District of Columbia. 

http://store.samhsa.gov/shin/content/SYNAR-14/SYNAR-14.pdf?utm_source=FindYouthInfo&utm_medium=Federal%20Links&utm_campaign=Reports-and-Resources
<PAGE>   1


                                                                      Exhibit 11

                STATEMENT ON COMPUTATION OF EARNINGS PER SHARE
               (dollars in thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                     Years Ended           
                                         ----------------------------------
                                         February 1, February 3, January 28
                                            1997        1996        1995   
                                         ----------  ----------  ----------
    <S>                                   <C>         <C>         <C>
    Weighted average common shares
      outstanding during the year            5,900       5,867       6,078

    Effect of dilutive stock options,
      net of shares assumed
      repurchased at average market
      price                                     42          61          61
                                          --------    --------    --------

    Weighted average common share and
      common share equivalents               5,942       5,928       6,139
                                          ========    ========    ========

    Net Income                            $  1,084    $  7,290    $ 10,265
                                          ========    ========    ========


    Earnings per share:
    Net income                            $    .18    $   1.23    $   1.67
                                          ========    ========    ========
</TABLE>


The difference between primary net income per common share and fully diluted
net income per common share is not significant for the periods presented.





                                       75
**EXHIBIT 32.1** **STATEMENT    PURSUANT TO 18 U.S.C. § 1350**     In connection with the Annual Report on    Form 10-K    of Clinical Data, Inc.(the “Company”) for the year    ended March 31, 2007 as filed with the Securities and    Exchange Commission on the date hereof (the “Report”),    the undersigned, Andrew J. Fromkin, Chief Executive Officer and    President of the Company and C. Evan Ballantyne, Senior    Vice President and Principal Financial and Accounting Officer of    the Company, each hereby certifies, pursuant to 18 U.S.C.    Section 1350, 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 at the end of such year. /s/  Andrew    J. Fromkin    Andrew J. Fromkin    President and Chief Executive Officer     Date: June 19, 2007 /s/  C.    Evan Ballantyne    C. Evan Ballantyne    Senior Vice President    Principal Financial and Accounting Officer     Date: June 19, 2007
IA 

118TH CONGRESS 

1ST SESSION H. J. RES. 49 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the United States Fish and 

Wildlife Service relating to ‘‘Endangered and Threatened Wildlife and 

Plants; Endangered Species Status for Northern Long-Eared Bat’’. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2023 

Mr. STAUBER (for himself, Mr. WITTMAN, Mr. ROSENDALE, Mr. NEWHOUSE, 

Mr. FLOOD, Mr. TIFFANY, Mr. JOHNSON of Louisiana, Mr. PERRY, Mr. 

SMITH of Missouri, and Mrs. BOEBERT) submitted the following joint 

resolution; which was referred to the Committee on Natural Resources 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the United States Fish and Wildlife Service relating to 

‘‘Endangered and Threatened Wildlife and Plants; Endangered Species Status for Northern Long-Eared Bat’’. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the 

4 United States Fish and Wildlife Service relating to ‘‘En5 dangered and Threatened Wildlife and Plants; Endan6 gered Species Status for Northern Long-Eared Bat’’ (87 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HJ 49 IH 

1 Fed. Reg. 73488; published November 30, 2022), and 

2 such rule shall have no force or effect. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF INCOME FOR THE SIX MONTHS ENDED JUNE 30, 1997 AND THE BALANCE SHEET
AS OF JUNE 30, 1997 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>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           7,370
<SECURITIES>                                         0
<RECEIVABLES>                                   92,168
<ALLOWANCES>                                     5,203
<INVENTORY>                                      4,905
<CURRENT-ASSETS>                               164,756
<PP&E>                                       1,705,775
<DEPRECIATION>                                 988,983
<TOTAL-ASSETS>                                 887,147
<CURRENT-LIABILITIES>                          134,306
<BONDS>                                        264,096
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       264,065
<OTHER-SE>                                      21,704
<TOTAL-LIABILITY-AND-EQUITY>                   887,147
<SALES>                                              0
<TOTAL-REVENUES>                               287,726
<CGS>                                                0
<TOTAL-COSTS>                                  212,591
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               9,129
<INCOME-PRETAX>                                 67,045
<INCOME-TAX>                                    26,222
<INCOME-CONTINUING>                             40,823
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    40,823
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>