alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 09-7783

ORVILLE C. MASSEY, JR., 

 Petitioner - Appellant, 

 v. 

DAVID BALLARD, Warden, Mount Olive Correctional Complex, 

 Respondent - Appellee. 

Appeal from the United States District Court for the Southern 

District of West Virginia, at Charleston. Joseph R. Goodwin, 

Chief District Judge. (2:08-cv-00936) 

Submitted: January 7, 2010 Decided: January 27, 2010 

Before WILKINSON, SHEDD, and DUNCAN, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Orville C. Massey, Jr., Appellant Pro Se. R. Christopher Smith, 

Charleston, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

Orville C. Massey, Jr., seeks to appeal the district 

court’s order accepting the recommendation of the magistrate 

judge and denying relief on his 28 U.S.C. § 2254 (2006) 

petition. The order is not appealable unless a circuit justice 

or judge issues a certificate of appealability. 28 U.S.C. 

§ 2253(c)(1) (2006). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). A 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that any assessment of the 

constitutional claims by the district court is debatable or 

wrong and that any dispositive procedural ruling by the district 

court is likewise debatable. Miller-El v. Cockrell, 537 U.S. 

322, 336-38 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); 

Rose v. Lee, 252 F.3d 676, 683-84 (4th Cir. 2001). We have 

independently reviewed the record and conclude that Massey has 

not made the requisite showing. Accordingly, we deny a 

certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process. 

DISMISSED
#### § 930.7 Fiscal period.

*Fiscal period* is synonymous with fiscal year and means the 12-month period beginning on July 1 of any year and ending on June 30 of the following year, or such other period as the Board, with the approval of the Secretary, may establish: *Provided,* that the initial fiscal period shall begin on the effective date of this part.
§ 966.132 Issuance. ( a ) The committee, or its duly authorized agents, shall give prompt consideration to all statements and facts relating to each application for exemption, and, pursuant to applicable provisions of this part, a determination shall be made as to whether or not the application is approved. The determination, if approving the application, shall be evidenced by the issuance of a certificate of exemption pursuant to § 966.71: *Provided,* That a separate certificate may be issued, at the request of an applicant, for each affected field.
( b ) The applicant shall be notified in writing if his request for exemption is denied.
( c ) Each exemption certificate issued pursuant to this subpart shall be on a form duly approved by the committee and signed by an authorized representative of such committee. At least one copy of each exemption certificate issued shall be retained in the committee records. Each such certificate shall contain the name and address of the recipient, the location of all tomatoes authorized to be shipped thereunder, the quantity (by grade, size, quality and variety) of tomatoes which will be permitted in the exempted shipments and such other information as may be deemed necessary by the committee to provide such committee, the recipient, or both, with adequate and specific information regarding such exempted tomatoes.
[22 FR 9132, Nov. 16, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961]
II 

109TH CONGRESS 

2D SESSION S. 3201 

To suspend temporarily the duty on suspension system stabilizer bars. 

IN THE SENATE OF THE UNITED STATES 

MAY 25, 2006 

Mrs. MURRAY (for herself and Ms. CANTWELL) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on suspension system 

stabilizer bars. 

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

3 SECTION 1. SUSPENSION SYSTEM STABILIZER BARS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 


ycherry on PROD1PC64 with BILLS
2 

•S 3201 IS 

‘‘ 9902.87.08 Suspension system stabilizer bars of alloy 

steel of Japanese JIS grade SCM525S 

(26CrMo4) or SCM435H (34CrMo4), 

each weighing approximately 42 kg, comprising one rod measuring approximately 

98.8 cm in length at each end of which is 

welded at approximately right angles to a 

rod measuring approximately 51 cm in 

length (provided for in subheading 

8708.99.70), the foregoing designed for 

use in Class 7 and 8 trucks only............. Free No change No change On or before 

12/31/2009 ’’. 

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

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


ycherry on PROD1PC64 with BILLS
#### § 958.112 Fiscal period.

The fiscal period shall begin July 1 of each year and end June 30 of the following year, both dates inclusive.

[68 FR 48531, Aug. 14, 2003]
#### § 989.106 Ship.

*Ship* means the physical movement of raisins other than to storage for the handler's account within the general locality of the packing plant.
#### § 987.3 Person.

*Person* means an individual, partnership, corporation, association, or any other business unit.
#### In the Matter of Andrzej Tercjak, Respondent, v Jadwiga Tercjak, Appellant.

Submitted June 25, 2007;

decided September 11, 2007

Reported below, 2007 NY Slip Op 68812(U).

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
442.1502 Policy.       The Contractor Performance System (CPS), developed by the National Institutes of Health, is designated as the single USDA-wide system for maintaining contractor performance/evaluation information. Use of the CPS is mandatory. As a minimum, the CPS shall be accessed for contractor past performance information as part of proposal evaluation in accordance with FAR subpart 15.3, and information resulting from the evaluation of contractor performance in accordance with FAR subpart 42.15 shall be entered into and maintained in this system. The CPS is a part of the USDA Acquisition Toolkit which can be accessed from the USDA Procurement Homepage at *http://www.usda.gov/procurement/.*    **Parent topic:** Subpart 442.15 - Contractor Performance Information
Exhibit 32.2

CERTIFICATION

I, N. Voloshin, Chief Financial Officer of Cavitation Technologies, Inc. (the "Company"),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

The Annual Report on Form 10-K of the Company for the year ended June 30, 2014 (the "Report") fully complies with the requirements
of Section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m); and

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

|Date: October 28, 2014 | /s/ N. VOLOSHIN                                                       
|---------------------- | ----------------------------------------------------------------------
|                       | Name: N. Voloshin
                      Title: Chief Financial Officer

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

---
Case 3:06-cv-00713-MHT-SRW Document 19 Filed 12/28/2006 Page 1 of 1
#### Charles M. Johnson, Jr., Respondent, v William Young et al., Appellants.

Order unanimously affirmed, with costs, on the memorandum decision at Special Term, Stiller, J. (Appeal from order of Cattaraugus Supreme Court—restore to calendar.) Present—Cardamone, J. P., Schnepp, Callahan, Witmer and Moule, JJ.
# Subpart 622.3—Contract Work Hours and Safety Standards Act

**Parent topic:**PART 622—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

## 622.302 Liquidated damages and overtime pay.

The authority to make the determination prescribed in FAR 22.302(c) is delegated, without power of redelegation, to the head of the contracting activity.
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

BUDDY GILL, )

)

Plaintiff, )

) CIVIL ACTION NO. 

v. ) 1:06cv718-MHT

) (WO)

SORRELLS FUNERAL HOME, ) 

INC., and TERRY G. )

SORRELLS, )

)

Defendants. )

JUDGMENT

In accordance with the memorandum opinion entered

this date, it is the ORDER, JUDGMENT, and DECREE of the

court as follows:

(1) The parties' joint motion for approval of

settlement (Doc. No. 15) is granted and the settlement is

approved.

(2) Pursuant to the settlement agreement, plaintiff

Buddy Gill is to recover $ 12,000.00 from defendants

Sorrell Funeral Home, Inc. and Terry Sorrell. 

(3) Pursuant to the settlement agreement and so that

the court may enforce the agreement, the court retains

Case 1:06-cv-00718-MHT-SRW Document 19 Filed 01/18/07 Page 1 of 2
jurisdiction until it receives notice that the parties

have complied with the terms of the settlement agreement.

(4) The parties are to bear their own costs and

attorneys’ fees.

The clerk of the court is DIRECTED to enter this

document on the civil docket as a final judgment pursuant

to Rule 58 of the Federal Rules of Civil Procedure. 

DONE, this the 18th day of January, 2007.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE 

Case 1:06-cv-00718-MHT-SRW Document 19 Filed 01/18/07 Page 2 of 2
Case 3:06-cv-00715-MHT-TFM Document 41 Filed 06/27/2007 Page 1 of 7
Case 3:06-cv-00715-MHT-TFM Document 41 Filed 06/27/2007 Page 2 of 7
Case 3:06-cv-00715-MHT-TFM Document 41 Filed 06/27/2007 Page 3 of 7
Case 3:06-cv-00715-MHT-TFM Document 41 Filed 06/27/2007 Page 4 of 7
Case 3:06-cv-00715-MHT-TFM Document 41 Filed 06/27/2007 Page 5 of 7
Case 3:06-cv-00715-MHT-TFM Document 41 Filed 06/27/2007 Page 6 of 7
Case 3:06-cv-00715-MHT-TFM Document 41 Filed 06/27/2007 Page 7 of 7
Case 3:06-cv-00715-MHT-TFM Document 41-2 Filed 06/27/2007 Page 1 of 2
Case 3:06-cv-00715-MHT-TFM Document 41-2 Filed 06/27/2007 Page 2 of 2
Exhibit
10.24 




 





 


 


«Date»


 


«Full_Name» 


IntriCon
Corporation 


1260
Red Fox Road 


Arden
Hills, MN 55112 


 


Dear
«M_1st_Name»:


 


I
am pleased to inform you that on «Grant_Date», you were awarded an automatic grant of Restricted Stock Units for «Shares»
of Common Stock of the Company (“RSUs”) under the Company’s 2015 Equity Incentive Plan (the “Plan”).


 


The
RSUs will vest on the following dates (each a “Vesting Date”): 


 


	Vesting
    Date	 	Number
    of Shares
	«M_1st_Exercise»	 	«M__shares»
	«M_2nd_Ex»	 	«M__shares1»
	«M_3rd_Ex»	 	«M__shares2»






  


In
addition, while the specific terms of the Plan will govern, generally:


 


		●	If
                                         your directorship is terminated due to your death, Disability or Retirement (as defined
                                         in the Plan), all of your RSUs will immediately vest in full;



 


		●	If
                                         your directorship is terminated due to any other reason, any RSUs that you had that were
                                         not vested as of the date of the termination of your directorship will expire.



 


Subject
to the Plan, all of your RSUs will immediately vest in full upon the occurrence of a Change in Control (as defined in the Plan).


 


Within
ten (10) business days following each Vesting Date (including any accelerated vesting date provided in the Plan), the Company
shall issue to you, either by book-entry registration or issuance of a stock certificate or certificates, a number of shares of
Common Stock equal to the number of RSUs granted hereunder that have vested as of such date. Any shares of Common Stock issued
to you hereunder shall be fully paid and non-assessable.


 


You
shall not have any rights as a shareholder, including voting or dividend rights, with respect to shares of Common Stock covered
by the RSUs until you become the holder of record with respect to such Shares in accordance with this award and the Plan. No adjustment
shall be made for dividends or other rights for which the record date is prior to such date, except as provided in the Plan.


 


This
award is subject to cancellation in the event that your directorship is terminated for Cause (as defined in the Plan) and under
other circumstances described in the Plan.


 






     


     


    

 





«Full_Name» 


Page 2


  


Further
terms governing the RSUs granted to you are set forth in the Plan, which is incorporated herein by reference. A copy of the Plan
is available from the Human Resources Department.


 


If
you wish to accept the grant of the RSUs as provided above and in the Plan, please so indicate by signing and returning the enclosed
copy of this letter, whereupon you and the Company shall be legally bound hereby under Pennsylvania law. 


 





	 	 	Very truly yours,
	 	 	 	 
	 	 	INTRICON CORPORATION
	 	 	 	 
	 	 	By:	 
	 	 	 	«From»
	 	 	 	«Title»
	 	 	 	«M_2nd_line»
	 	 	 	 
	Accepted and Agreed:	 	 	 
	 	 	 	 
	 	 	 	 
	«Full_Name»	 	 	 




 





1260
Red Fox Road ● Arden Hills, MN 55112 ● Tel: 651-636-9770 ● Fax: 651-357-1097 ● www.IntriCon.com
#### Albritton *et al. v.*Giddings *et al.*

Beck, J.

A and B brought their equitable petition against 0 and others, heirs at law of D, alleging, that in the year 1875 the grandfather of petitioners executed a deed conveying to them certain lands in Pulaski County, Georgia; that, their father having died, their mother intermarried with D; that afterwards, in the year 1879, D was appointed as their guardian; that subsequently, in the year 1881, D as guardian obtained an order authorizing the sale of the lands in Pulaski County, and did sell them to one S, and that either with the proceeds of the sale or in consideration of the lands in Pulaski County D had executed *170to him a deed by S to certain described lands in Lowndes County, Georgia, which lands are involved in this case; that I) and the mother of petitioners, as well as petitioners, resided for a number of years upon the lands in Lowndes County; that the occupancy of the lands by D and his wife was permissive, petitioners being “content for the family to have the use and occupancy of said premises in order that their mother might have a home on said land;” that such occupancy continued until 1906, about four years before the bringing of this suit; that these lands were “recognized” by D as being the lands of petitioners, D stating on various occasions that the land was theirs, stating further that the deed to the land was executed to him as guardian for petitioners; and that this deed, although executed in the year 1881, was not recorded until the year 1907, and petitioners were in entire ignorance of the nature of the deed, believing that it had been executed so as to vest D as their guardian with the title, until the year 1910, a short time before filing this suit. In the meantime D had died, and this suit was brought in the latter part of 1910 against the defendants as heirs at law of D. The petition concludes with the prayer, among others, that the title to the property be declared in petitioners, and that the deed from S to D individually be canceled, and for general relief. *Held:*

June 17, 1913.

Equitable petition. Before Judge George. Ben Hill superior court. June 4, 1912.

*J. B. Walker, Dan B. Bruce,*and *B. K. Wilcox,*for plaintiffs in error. *Haygood & Quits,*contra.

1. The court properly overruled a general demurrer to this petition, setting up the statute of limitations and laches on the part of the petitioners. *Short*v. *Mathis,*107 *Ga.*807 (33 S. E. 694), *Spence*v. *Queen,*139 *Ga.*587 (77 S. E. 820).

2. There were certain special demurrers. These were not referred to in the brief of counsel for plaintiffs in error, and are considered to have been abandoned.

*Judgment affirmed.*

*All the Justices concur.*
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

TERRY DEESE, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 1:06cv643-MHT

) 

CHAMPION ENTERPRISES, )

INC., et al., )

)

Defendants. )

ORDER

It is ORDERED that the motion to strike jury demand

and motion to stay alter ego claims (doc. no. 12) are

set for submission, without oral argument, on September

28, 2006, with all briefs due by said date.

DONE, this the 15th day of September, 2006.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 1:06-cv-00643-MHT-SRW Document 13 Filed 09/15/2006 Page 1 of 1
Part 5213 - SIMPLIFIED ACQUISITION

PROCEDURES

5213.000 Scope of part.

Subpart 5213.2 - ACTIONS AT OR BELOW THE SIMPLIFIED MICRO-PURCHASE THRESHOLD

5213.270 Use of the Governmentwide commercial purchase card.

Subpart 5213.3 - SIMPLIFIED ACQUISITION METHODS

5213.303 Blanket purchase agreements (BPAs).

5213.303-2 Establishment of BPAs.

5213.305 Imprest funds and third party drafts.

5213.305-3 Conditions for use.

5213.000 Scope of part.

NAVSUP created the DON Simplified Acquisition Procedures Guide containing procedures that

supplement existing policy for simplified acquisitions. The procedures apply to all HCAs that award

and administer contracts (including task and delivery orders). The Guide is available on the

ASN(RDA) website.

Subpart 5213.2 - ACTIONS AT OR BELOW THE SIMPLIFIED

MICRO-PURCHASE THRESHOLD

5213.270 Use of the Governmentwide commercial purchase card.

See Annex 4 for STRL deviations applicable hereto.

Subpart 5213.3 - SIMPLIFIED ACQUISITION METHODS

5213.303 Blanket purchase agreements (BPAs).
5213.303-2 Establishment of BPAs.

(b) A business case analysis (BCA) is required supporting the establishment or renewal of a BPA

where the scope would create significant overlap between the proposed acquisition and existing

contracts or agreements under the Federal Strategic Sourcing Initiative, GSA’s SmartBuy or an

existing GWAC. Prior to release of the solicitation and following coordination with the Director,

Office of Small Business Programs (OSBP), Part 1 of the BCA shall be submitted to DASN(P) by email

at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject “[Activity Name] DFARS

213.303-2 - BCA for BPAs”. If the acquisition involves Information Technology, coordination is also

required with DON Chief Information Officer (DON CIO) as well as OSBP prior to submission to

DASN(P).

5213.305 Imprest funds and third party drafts.

5213.305-3 Conditions for use.

(d)(ii) Requests for approval to use imprest funds shall be submitted to Director for Financial

Commerce, Office of the Deputy Chief Financial Officer, Office of the Under Secretary of Defense

(Comptroller) via DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with

the subject “[Activity Name]

DFARS 213.305-3 – Imprest Fund Approval Request.”
Exhibit 32.2



CERTIFICATION BY THE CHIEF FINANCIAL OFFICER

FURNISHED PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the Annual Report on Form 10-K of Education Management LLC (the Company) for the fiscal year ended June 30, 2007 (the
Report), I, Edward H. West., Executive Vice President and Chief Financial Officer of the Company, hereby certify in such capacity, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to 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, as amended; 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: September 20, 2007



By:

/s/    EDWARD H.
WESTEdward H. West Executive Vice President and Chief Financial Officer
631.205-6 Compensation for personal services.       (g)(6) The head of the contracting activity is the agency head's designee for the purpose of FAR 31.205–6(g)(6).    **Parent topic:** Subpart 631.2—Contracts with Commercial Organizations
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                         658,144
<SECURITIES>                                         0
<RECEIVABLES>                                   30,000
<ALLOWANCES>                                    15,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                               673,309
<PP&E>                                       7,104,610
<DEPRECIATION>                               2,541,800
<TOTAL-ASSETS>                               5,236,119
<CURRENT-LIABILITIES>                          100,767
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   5,135,352
<TOTAL-LIABILITY-AND-EQUITY>                 5,236,119
<SALES>                                              0
<TOTAL-REVENUES>                               540,036
<CGS>                                                0
<TOTAL-COSTS>                                  334,728
<OTHER-EXPENSES>                                72,800
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                132,508
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            132,508
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   132,508
<EPS-BASIC>                                       8.39
<EPS-DILUTED>                                     8.39


</TABLE>