alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
52.227-9 Refund of Royalties.       As prescribed in 27.202-5(c), insert the following clause:          Refund of Royalties (Apr 1984)                                       (a) 						            The contract price includes certain amounts for royalties payable by the Contractor or subcontractors or both, which amounts have been reported to the Contracting Officer.                                          (b) 						            The term "royalties" as used in this clause refers to any costs or charges in the nature of royalties, license fees, patent or license amortization costs, or the like, for the use of or for rights in patents and patent applications in connection with performing this contract or any subcontract hereunder.                                          (c) 						            The Contractor shall furnish to the Contracting Officer, before final payment under this contract, a statement of royalties paid or required to be paid in connection with performing this contract and subcontracts hereunder together with the reasons.                                          (d) 						            The Contractor will be compensated for royalties reported under paragraph (c) of this clause, only to the extent that such royalties were included in the contract price and are determined by the Contracting Officer to be properly chargeable to the Government and allocable to the contract. To the extent that any royalties that are included in the contract price are not in fact paid by the Contractor or are determined by the Contracting Officer not to be properly chargeable to the Government and allocable to the contract, the contract price shall be reduced. Repayment or credit to the Government shall be made as the Contracting Officer directs.                                          (e) 						            If, at any time within 3 years after final payment under this contract, the Contractor for any reason is relieved in whole or in part from the payment of the royalties included in the final contract price as adjusted pursuant to paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer of that fact and shall reimburse the Government in a corresponding amount.                                          (f) 						            The substance of this clause, including this paragraph (f), shall be included in any subcontract in which the amount of royalties reported during negotiation of the subcontract exceeds $250.                                 (End of clause)    **Parent topic:** 52.227 [Reserved]
**Exhibit      32.2**

**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |                                                |                                                                                                |
|--------|-----------------------------------------------------|-----------------------------------------------------------------------------------------------------|
|   |                                                | /s/              Brian              Gallagher          |
|   | Brian Gallagher(Acting Principal Financial Officer) |
|   |  Date:                August 17, 2006          |

----
52.246-20 Warranty of Services.       As prescribed in 46.710(d), insert a clause substantially as follows:          Warranty of Services (May 2001)                                       (a)                   *Definition.*"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.                                          (b) 						            Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor ____________ [*Contracting Officer shall insert the specific period of time in which notice shall be given to the Contractor; e.g.,"within 30 days from the date of acceptance by the Government,"; within 1000 hours of use by the Government;" or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time*]. This notice shall state either-                                                         (1) 								                That the Contractor shall correct or reperform any defective or nonconforming services; or                                                            (2) 								                That the Government does not require correction or reperformance.                                                                             (c) 						            If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.                                          (d) 						            If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.                                 (End of clause)    **Parent topic:** 52.246 [Reserved]
5130.202-6 Responsibilities.

(b) The Assistant Secretary of the Army (Acquisition, Logistics and Technology), on a non-delegable

basis, shall make the authorization as described in FAR 30.202-6(b).

Parent topic: 5130.202 Disclosure requirements.
156 So.2d 603

#### PEL-STATE OIL COMPANY, Inc. and Georgia J. Gray Hasinger v. Robert E. WEIMER et al.

No. 46916.

Oct. 9, 1963.

In re: Granite State Insurance Company applying for certiorari or writ of review to the Court of Appeal, Second Circuit, Parish of Caddo. 155 So.2d 218.

Writ refused. There appears no error of law in the judgment complained of.

HAWTHORNE, J., thinks the writ should be granted. See dissent in Indiana Lumbermen’s Mutual Ins. Co. v. Russell, 243 La. 189; 142 So.2d 391.
Page 1 of 2

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

LAWRENCE CECIL ROBINSON,

Petitioner,

v. CASE NO. 3:20cv5588-MCR-EMT

MARK INCH,

Respondent.

 /

O R D E R

The chief magistrate judge issued a Report and Recommendation on July 15, 

2021. ECF No. 18. The parties were furnished a copy of the Report and 

Recommendation and afforded an opportunity to file objections pursuant to Title 28, 

United States Code, Section 636(b)(1). I have made a de novo determination of all 

timely filed objections.

Having considered the Report and Recommendation, and any timely filed 

objections thereto, I have determined the Report and Recommendation should be 

adopted.

Accordingly, it is now ORDERED as follows:

1. The chief magistrate judge’s Report and Recommendation, ECF No. 

18, is adopted and incorporated by reference in this Order.

Case 3:20-cv-05588-MCR-EMT Document 19 Filed 08/17/21 Page 1 of 2
Page 2 of 2

Case No. 3:20cv5588-MCR-EMT

2. The petition for writ of habeas corpus, ECF No. 1, is DENIED.

3. A certificate of appealability is DENIED. 

4. The clerk of court is directed to enter judgment in accordance with this 

Order and close the case.

DONE AND ORDERED this 17th day of August 2021.

s/ M. Casey Rodgers 

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-05588-MCR-EMT Document 19 Filed 08/17/21 Page 2 of 2
II 

109TH CONGRESS 

2D SESSION S. 2889 

To extend temporarily the suspension of duty on cyprodinil. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2006 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on cyprodinil. 

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

3 SECTION 1. CYPRODINIL. 

4 (a) IN GENERAL.—Heading 9902.02.08 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Lambda-Cyhalothrin) is amended by striking ‘‘12/31/ 

7 2006’’ and inserting ‘‘12/31/2009’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 

10 warehouse for consumption, on or after the 15th day after 

11 the date of enactment of this Act. 

Æ 


sroberts on PROD1PC70 with BILLS
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RECOMMENDATIONS CONCERNING THE COST AND QUALITY OF

DEFENSE REPRESENTATION

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Federal Death Penalty Cases

Recommendations Concerning the Cost and Quality of Defense Representation.

(Spencer Report, May 1998)

Cover Page

Executive Summary

Introduction

Analysis and Findings

Recommendations & Commentary

Appendix A: Recommendations

Appendix B: Sources & Methodology

Appendix C: Supporting Data (Not Available Online)

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This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary.

The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government.

Recommendations Concerning the Cost and Quality of Defense Representation Page 1 of 1

http://www.uscourts.gov/FederalCourts/AppointmentOfCounsel/Publications/Recomme... 7/6/2010
form10qexh101_051509.htm


     

     

    Exhibit
10.1

     

    PROMISSORY
NOTE

    


                                                                                                                       

    


     

    
      	 $_____ 	 	
                April 8,
      2009

            


    

     

    


    Holt
County, Nebraska

    


    FOR VALUE RECEIVED, NEDAK ETHANOL, LLC,
A Limited Liability Company, promises to pay to the order of
__________________________, PAYEE, at such place as PAYEE may designate to MAKER
in writing, the sum of $_______ with interest on the balance remaining from time
to time unpaid at the rate of 5% per annum from April 8, 2009, payable on April
8, 2012.

    


    Should MAKER fail to pay any payment on
the payment date, such payment shall bear interest at the rate of nine percent
(9%) per annum until the date of payment.

    


    Failure of PAYEE to exercise any right
under this Note, on any one default shall not waive the right of PAYEE to
exercise such right  or option on any subsequent default.

    


    MAKER waives presentment, protest,
notice of protest, diligence in bringing suit hereon, and notice of extension of
time for payment.

    


    This Note may be prepaid at any
time.

    


    


     

    
      
        	 	

                NEDAK
      ETHANOL, LLC

                A
      Nebraska Limited Liability Company

              	 
	 	 	 	 
	
                 

              	
                By:
      

              	/s/ Jerome
      Fagerland	 
	 	 	Jerome
      Fagerland, President, Maker
(June 5, 1969)

#### Hydromar Corporation of Delaware, Appellant, v. Construction Aggregates Corporation, Respondent.

Order, entered January 17, 1969,

unanimously reversed, on the law and the facts, with $30 costs and disbursements to appellant, the motion to vacate the attachment denied and the attachment reinstated without prejudice to a motion by defendant to discharge the attachment by filing an appropriate undertaking, with the matter of ultimate responsibility for payment of sheriff’s fees to await the event. On this motion, brought by order to show cause, to vacate an attachment properly issued against property of a foreign corporation, the burden is on the defendant to show that the attachment is unnecessary to the security of the plaintiff. (See CPLR 6223; *Fuller Co.*v. *Vitro Corp.,*26 A D 2d 916.) On the record, we conclude that the defendant has failed to sustain that burden and therefore that the attachment should not have been vacated. The financial statements in the record do not adequately reflect the fiscal affairs of this particular defendant since they are consolidated statements which consist, without allocation, of figures applicable to defendant and its subsidiaries. Additionally, on the record, it appears that the major portion of defendant’s assets in New York consists of intangibles or transitory items. The defendant may, if it so desires, make a motion pursuant to CPLR 6222 at Special Term to discharge the attachment with the filing of an appropriate undertaking. The fixing of responsibility for Sheriff’s fees is premature. (See CPLR 8014.) Concur—■ Stevens, P. J., Eager, Tilzer, Markewich and McNally, JJ.
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 5:03-cr-05-MCR-GRJ

HERBERT D. BROWN,

Petitioner.

____________________________/

O R D E R

This matter is before the Court on Doc. 110, a motion to vacate under 28 U.S.C.

§ 2255; Doc. 111, a motion for leave to file a § 2255 motion; Doc. 112, motion for

appointment of counsel; and Doc. 113, motion for leave to proceed as a pauper.

Petitioner did not use the Court’s form for § 2255 petitions and must amend on

the form. Petitioner does not need to seek leave to file his § 2255 motion and his

motion for leave to file a § 2255 motion is essentially an explanation of why he

considers the motion timely. Petitioner is advised that he may include such argument

as a memorandum of law attached to the § 2255 habeas corpus form. Appointment of

counsel in a habeas case such as this is generally only necessary when the Court

determines that an evidentiary hearing is required to resolve the petition. At this

juncture there does not appear to be any need for an evidentiary hearing and therefore

no necessity for the appointment of counsel. Finally, there is no filing fee to file a

§ 2255 motion and therefore Petitioner’s motion for leave to proceed as a pauper is

moot. 

Accordingly, it is ORDERED:

1. The Clerk shall send Petitioner a blank § 2255 habeas corpus form and

instructions. Petitioner shall mark the form “Amended Petition,” complete the

Case 5:03-cr-00005-MCR-CJK Document 114 Filed 06/19/12 Page 1 of 2
Page 2 of 2

form in its entirety, and return the signed original and two identical service copies

to the Court on or before July 19, 2012.

2. Petitioner’s motion for leave to file § 2255 motion, Doc. 111, is DENIED AS

MOOT.

3. Petitioner’s motion for appointment of counsel, Doc. 112, is DENIED.

4. Petitioner’s motion for leave to proceed as a pauper, Doc. 113, is DENIED AS

MOOT.

5. Failure to comply with this Order within the allotted time will result in a

recommendation to the District Judge that this case be dismissed.

DONE AND ORDERED this 19 day of June 2012.

th

s/ Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 5:03-cr-05-MCR-GRJ

Case 5:03-cr-00005-MCR-CJK Document 114 Filed 06/19/12 Page 2 of 2
* Local Rule 47.5.1 provides: "The publication of

opinions that merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-60560 Conference Calendar

__________________ JOHNNY HARPER, Plaintiff-Appellant,

versus RICHARD MARTIN; JIM MORRIS, STAFF ATTORNEY, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 2:95-CV-199-PS

- - - - - - - - - - December 19, 1995 Before DAVIS, STEWART, and PARKER, Circuit Judges. PER CURIAM: * Appellant Johnny Harper appeals from the district court's sua sponte dismissal of his civil rights complaint under 42 U.S.C. § 1983, as frivolous. On appeal, Harper does not challenge the district court's determination that the defendants were not involved in the dismissal of his state circuit court complaint. Issues notNo. 95-60560 -2- raised on appeal are abandoned. Hobbs v. Blackburn , 752 F.2d 1079, 1083 (5th Cir.), cert. denied , 474 U.S. 838 (1985). Harper argues on appeal that the court should have allowed him to substitute the state circuit court judge as the proper defendant. Neither the district court nor this court has authority to review a final order of a state court. Rooker v. Fidelity Trust Co. , 263 U.S. 413, 416 (1923); District of Columbia Court of Appeals v. Feldman , 460 U.S. 462, 482-87 (1983). Because the complaint, if amended, remains subject to dismissal, the district court did not abuse its discretion in sua spontedismissing Harper's complaint without first allowing him to amend his complaint. Pan-Islamic Trade Corp. v. Exxon Corp. , 632 F.2d 539, 546 (5th Cir. 1980), cert. denied , 454 U.S. 927 (1981). Accordingly, Harper's appeal is dismissed as frivolous. See5th Cir. R. 42.2. We caution Harper that any additional frivolous appeals filed by him will invite the imposition of sanctions. To avoid sanctions, Harper is further cautioned to review all pending appeals to ensure that they do not raise arguments that are frivolous because they have been previously decided by this court. APPEAL DISMISSED.
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the QuarterlyReport of Photogen Technologies, Inc. (the “Company”) on Form 10-QSB for theperiod ending September 30, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Brooks Boveroux, ChiefFinancial 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:

 

(1) TheReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2) Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company

 

 
| /s/  Brooks Boveroux     |   |
|--------------------------|--------|
| Brooks  Boveroux         |
| Chief  Financial Officer |
| November  19, 2003       |

 

----
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<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          OCT-31-1998
<PERIOD-END>                               APR-30-1998
<CASH>                                         156,843
<SECURITIES>                                   927,792
<RECEIVABLES>                                  220,128
<ALLOWANCES>                                  (34,841)
<INVENTORY>                                      6,316
<CURRENT-ASSETS>                             1,491,080
<PP&E>                                         748,246
<DEPRECIATION>                               (407,538)
<TOTAL-ASSETS>                               1,915,185
<CURRENT-LIABILITIES>                          284,503
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        35,304
<OTHER-SE>                                   1,576,697
<TOTAL-LIABILITY-AND-EQUITY>                 1,915,185
<SALES>                                        514,292
<TOTAL-REVENUES>                               514,292
<CGS>                                          112,160
<TOTAL-COSTS>                                  112,160
<OTHER-EXPENSES>                               382,852
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 46,390
<INCOME-TAX>                                    12,989
<INCOME-CONTINUING>                             33,401
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    33,401
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .09
        

</TABLE>