alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Martin *v.*Goldsberry et al.

[No. 17,005.

Piled March 13, 1943.]

*147
      *C. James McLemore,*of Indianapolis, for appellant.

*Davis Harrison,*of Indianapolis, for appellees.

Royse, J. —

This is an appeal from a judgment against appellant on appellees’ complaint for damages by reason of an automobile collision on a certain street intersection in the City of Indianapolis. Appellant filed a motion to strike out parts of the complaint, which was overruled by the court, following which appellant filed a motion to make the complaint more specific, which was overruled. Appellant filed his cross-complaint and answer in general denial. The cause was tried by a jury resulting in a verdict for appellees against appellant, fixing the recovery by the respective appellees in the amounts as stipulated by the parties. Judgment on the verdict.

Appellant filed his motion for a new trial, which was overruled by the court.

On appeal to this court the errors relied upon for reversal are: (1) The overruling of appellant’s motion to strike; (2) the overruling of appellant’s motion to make more specific; (3) the overruling of appellant’s motion for a new trial.

Appellees insist that appellant presents no question for determination by this court, for the reason that the motion to strike out, the motion to make more specific, and the motion for a new trial are not set out *148in appellant’s brief, nor is the substance of said motions set out.

Appellant has not complied with Rule 2-17 of the Revised Rules of the Supreme and Appellate Courts in the preparation of his brief, in that he fails to set out in his brief either the motion to strike or the motion to make more specific, or the substance of either of these motions, or the complaint itself or substance thereof. Therefore, no question is presented for the consideration of this court on the first two alleged errors assigned in this court. *Mackey*v. *Pachter, Rec.*(1938), 105 Ind. App. 328, 14 N. E. (2d) 739; *Krabbe*v. *City of Lafayette*(1919), 70 Ind. App. 428, 123 N. E. 424; *Haugh*v. *Haywood*(1918), 69 Ind. App. 286, 121 N. E. 671; *Easton*v. *State*(1939), 215 Ind. 454, 20 N. E. (2d) 178.

The third error relied on for reversal of the judgment likewise presents no question for decision by this court, for the reason that neither the motion for a new trial nor the substance thereof is set out in appellant’s brief. *Fluck, Jr.*v. *Dahlberg*(1937), 103 Ind. App. 472, 8 N. E. (2d) 1008; *Henderson*v. *Country Pub. Co.,*(1914), 57 Ind. App. 414, 107 N. E. 295; *Johnson*v. *State*(1938), 213 Ind. 659, 14 N. E. (2d) 96; *Peel*v. *Overstreet*(1921), 190 Ind. 290, 130 N. E. 113.

No question being presented to this court, the judgment of the .Municipal Court of Marion County, Room No. 1, is affirmed.

NOTE. — Reported in 47 N. E. (2d) 162.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FEDERAL HOME LOAN MORTGAGE

CORPORATION, a corporation organized

and existing under the laws of the United

States of America, its assignees and/or

successors,

Plaintiff

- Appellee,

v.

CHANHT REATREY KEO,

Defendant

- Appellant,

and

JOHN ARAIZA; KENNETH

MCCALLISTER,

Defendants. No. 20

- 16145

D.C. No. 3:19

- cv

- 02099

- RS

MEMORANDUM *

Appeal from the United States District Court

for the Northern District of California

Richard Seeborg, District Judge, Presiding

Submitted October 12, 2021 * *

* 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

OCT 15 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 16145

Before: TALLMAN, RAWLINSON, and BUMATAY , Circuit Judges.

Chanht Reatrey Keo appeals pro se from the district court’s summary

judgment in this unlawful detainer proceeding brought against her by Federal

Home Loa n Mortgage Corporation (“FH LM C”). We have jurisdiction under 28

U.S.C. § 1291. We review de novo. Bravo v. City of Santa Maria , 665 F.3d 1076,

1083 (9th Cir. 2011) . We affirm.

The district court properly granted summary judgment for FHLMC because

Keo failed to raise a genuine dispute of material fact as to whether the property

was not sold in accordance with California’s statutory requirements for nonjudicial

foreclosure sales o r whether FHLMC did not duly perfect its title. See Cal. Civ.

Proc. Code § § 1161a (b) (3) (unlawful detainer actions following a trustee ’s sale)

,

1162 (notice

- to

- quit requirements) ; In re Perl , 811 F.3d 1120, 1128

- 29 (9th Cir.

2016) (explaining that California law allows for only a “narrow and sharply

focused examination of title” in an unlawful detainer action brought following a

nonjudicial foreclosure sale) ; Dr. Leevil, LLC v. Westlake Health Care C tr.

, 431

P.3d 151, 157 ( Cal. 2018) (“Matters affec ting the validity of the trust deed or

primary obligation itself, or other basic defects in the plaintiff’s title, are neither

properly raised in [a] summary [unlawful detainer] proceeding for possession, nor

are they concluded by the judgment.” ).

Contrary to Keo’s contention, the district court did not err by entering3 20

- 16145

summary judgment without holding a hearing. See N.D. Cal. Civ. R. 7

- 1(b)

( motions may be decided without oral argument ).

We reject as meritless Keo’s contention that the district court was b iased

against her.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Keo’s m otion for stay of judgment pending appeal (Docket Entry No. 1 3 )

and request for a stay pending appeal, set forth in the opening brief, are denied as

moot.

AFFIRMED.
Editorial Note on Part 180
Editorial Note: Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

§ 180.610 What procedures does a Federal agency use in suspension and debarment actions? In deciding whether to suspend or debar you, a Federal agency handles the actions as informally as practicable, consistent with principles of fundamental fairness. ( a ) For suspension actions, a Federal agency uses the procedures in this subpart and subpart G of this part.
( b ) For debarment actions, a Federal agency uses the procedures in this subpart and subpart H of this part.
<PAGE>

23.1   Consent of Independent Public Accountants

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation of our
reports dated January 23, 2001 included in this Form 10-K into the Company's
previously filed Registration Statement File No. 33-1658, No. 333-13693, No.
333-13695, No. 333-41371, No. 333-66301, No. 333-44558, No. 333-44560, and No.
333-51086 on Form S-8.

                                                          ARTHUR ANDERSEN LLP

Portland, Oregon,
March 29, 2001


                                      F-34
Editorial Note on Part 725
Editorial Note: Nomenclature changes to part 725 appear at 88 FR 41292, June 26, 2023.

§ 725.3 Definitions. As used in this part: ( a ) *Access Permit* means a permit, issued by the Administrator authorizing access by the named permittee to Restricted Data applicable to civil uses of atomic energy in accordance with the terms and conditions stated on the permit.
( b ) *Act* means the Atomic Energy Act of 1954 (68 Stat. 919), including any amendments thereto.
( c ) *Category* means a category of Restricted Data designated in appendix A to the regulations in this part.
( d ) *Director of the Office of Environment, Health, Safety and Security* means the DOE official to whom the Secretary assigns the authority to develop policy and technical assistance; safety analysis; and organizational safety and security programs, or the Director's duly authorized representatives.
( e ) *DOE* means the Department of Energy.
( f ) *Permittee* means the holder of a permit issued pursuant to the regulations in this part.
( g ) *Person* means ( 1 ) any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other than DOE, any state or any political subdivision of, or any political entity within a state, or other entity; and
( 2 ) any legal successor, representative, agent, or agency of the foregoing.
( h ) *Restricted Data* means all data concerning ( 1 ) design, manufacture or utilization of atomic weapons;
( 2 ) the production of special nuclear material; or
( 3 ) the use of special nuclear material in the production of energy, but shall not include data declassified or removed from the Restricted Data category pursuant to section 142 of the Act.
( i ) *Government Confidential Commercial Information* means sensitive commercial information not including Restricted Data, generated by the government, the release of which could put the government at a competitive disadvantage in providing enrichment services.
[41 FR 56778, Dec. 30, 1976, as amended at 52 FR 30139, Aug. 13, 1987; 71 FR 68732, Nov. 28, 2006; 88 FR 41293, June 26, 2023]
#### § 111.353 What are the requirements under this subpart K for written procedures?

You must establish and follow written procedures for manufacturing operations.
###### Editorial Note on Part 25

#### Editorial Note:

Nomenclature changes to part 25 appear at 79 FR 75879, Dec. 19, 2014.

#### § 25.443 Non-Federal entity.

*Non-Federal entity,* as it is used in this part, has the meaning given in paragraph C.3 of the award term in appendix A to this part.
Exhibit 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

         In connection with the accompanying Quarterly Report on Form 10-QSB of
Velocity Asset Management, Inc. for the nine months ended September 30, 2006, I,
James J. Mastriani, Chief Financial Officer of Velocity Asset Management, Inc.,
do hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

                  (1) such Quarterly Report on Form 10-QSB for the nine months
ended September 30, 2006, 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 such Quarterly Report on Form
10-QSB for the nine months ended September 30, 2006, fairly presents, in all
material respects, the financial condition and results of operations of Velocity
Asset Management, Inc.


                                             /s/ JAMES J. MASTRIANI
                                             ---------------------------
                                             James J. Mastriani
                                             Chief Financial Officer
November 15, 2006

                                       32
§ 1271.200 Equipment. ( a ) *General.* To prevent the introduction, transmission, or spread of communicable diseases, equipment used in the manufacture of HCT/Ps must be of appropriate design for its use and must be suitably located and installed to facilitate operations, including cleaning and maintenance. Any automated, mechanical, electronic, or other equipment used for inspection, measuring, or testing in accordance with this part must be capable of producing valid results. You must clean, sanitize, and maintain equipment according to established schedules.
( b ) *Procedures and schedules.* You must establish and maintain procedures for cleaning, sanitizing, and maintaining equipment to prevent malfunctions, contamination or cross-contamination, accidental exposure of HCT/Ps to communicable disease agents, and other events that could reasonably be expected to result in the introduction, transmission, or spread of communicable diseases.
( c ) *Calibration of equipment.* Where appropriate, you must routinely calibrate according to established procedures and schedules all automated, mechanical, electronic, or other equipment used for inspection, measuring, and testing in accordance with this part.
( d ) *Inspections.* You must routinely inspect equipment for cleanliness, sanitation, and calibration, and to ensure adherence to applicable equipment maintenance schedules.
( e ) *Records.* You must document and maintain records of all equipment maintenance, cleaning, sanitizing, calibration, and other activities performed in accordance with this section. You must display records of recent maintenance, cleaning, sanitizing, calibration, and other activities on or near each piece of equipment, or make the records readily available to the individuals responsible for performing these activities and to the personnel using the equipment. You must maintain records of the use of each piece of equipment, including the identification of each HCT/P manufactured with that equipment.
§ 1.210 Applicability to Federal agencies and others. ( a ) This subtitle contains guidance that directly applies only to Federal agencies.
( b ) The guidance in this subtitle may affect others through each Federal agency's implementation of the guidance, portions of which may apply to— ( 1 ) The agency's awarding or administering officials;
( 2 ) Non-Federal entities that receive or apply for the agency's grants or agreements or receive subawards under those grants or agreements; or
( 3 ) Any other entities involved in agency transactions subject to the guidance in this chapter.
Editorial Note on Part 25
Editorial Note: Nomenclature changes to part 25 appear at 79 FR 75879, Dec. 19, 2014.

§ 25.200 Requirements for notice of funding opportunities, regulations, and application instructions. ( a ) Each Federal awarding agency that awards the types of Federal financial assistance defined in § 25.406 must include the requirements described in paragraph (b) of this section in each notice of funding opportunity, regulation, or other issuance containing instructions for applicants that is issued on or after August 13, 2020.
( b ) The notice of funding opportunity, regulation, or other issuance must require each applicant that applies and does not have an exemption under § 25.110 to: ( 1 ) Be registered in the SAM prior to submitting an application or plan;
( 2 ) Maintain an active SAM registration with current information, including information on a recipient's immediate and highest level owner and subsidiaries, as well as on all predecessors that have been awarded a Federal contract or grant within the last three years, if applicable, at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency; and
( 3 ) Provide its unique entity identifier in each application or plan it submits to the Federal awarding agency.
( c ) For purposes of this policy: ( 1 ) The applicant meets the Federal awarding agency's eligibility criteria and has the legal authority to apply and to receive the Federal award. For example, if a consortium applies for a Federal award to be made to the consortium as the recipient, the consortium must have a unique entity identifier. If a consortium is eligible to receive funding under a Federal awarding agency program but the agency's policy is to make the Federal award to a lead entity for the consortium, the unique entity identifier of the lead applicant will be used.
( 2 ) A notice of funding opportunity is any paper or electronic issuance that an agency uses to announce a funding opportunity, whether it is called a “program announcement,” “notice of funding availability,” “broad agency announcement,” “research announcement,” “solicitation,” or some other term.
( 3 ) To remain registered in the SAM database after the initial registration, the applicant is required to review and update its information in the SAM database on an annual basis from the date of initial registration or subsequent updates to ensure it is current, accurate and complete.
[85 FR 49523, Aug. 13, 2020]
#### § 1301.46 Final order.

As soon as practicable after the presiding officer has certified the record to the Administrator, the Administrator shall issue his/her order on the granting, denial, revocation, or suspension of registration. In the event that an application for registration to import or to manufacture in bulk a basic class of any controlled substance listed in Schedule I or II is granted, or any application for registration is denied, or any registration is revoked or suspended, the order shall include the findings of fact and conclusions of law upon which the order is based. The order shall specify the date on which it shall take effect. The Administrator shall serve one copy of his/her order upon each party in the hearing.

[62 FR 13956, Mar. 24, 1997]
#### § 2998.437 What method do I use to communicate to a participant the requirements described in the OMB guidance at 2 CFR 180.435?

To communicate to a participant the requirements described in 2 CFR 180.435 of the OMB guidance, you must include a term or condition in the transaction that requires the participant's compliance with Subpart C of 2 CFR part 180, and supplemented by subpart C of this part, and requires the participant to include a similar term or condition in lower-tier covered transactions.
###### Editorial Note on Part 9

#### Editorial Note:

Nomenclature changes to part 9 appear at 82 FR 52825, Nov. 15, 2017.

#### § 9.82 Notices of emergency disclosures.

When information concerning an individual has been disclosed to any person under compelling circumstances affecting health or safety, the NRC officer or employee who made or authorized the disclosure shall notify the individual at his or her last known address within five days of the disclosure. The notice shall contain the following information: (a) The nature of the information disclosed; (b) the person or agency to whom the information was disclosed; (c) the date of the disclosure; and (d) the compelling circumstances justifying the disclosure.
#### § 2900.1 Budget.

In the DOL, approval of the budget as awarded does not constitute prior approval of those items requiring prior approval, including those items the Federal Awarding agency specifies as requiring prior approval. See § 200.407 and § 2900.16 for more information about prior written approval (prior approval) (see 2 CFR 200.1).

[80 FR 81440, Dec. 30, 2015, as amended at 86 FR 22108, Apr. 27, 2021]
IV 

109TH CONGRESS 

2D SESSION H. RES. 914 

Condemning the use of photographs of military caskets and funerals for 

partisan political and fundraising purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 13, 2006 

Mr. COLE of Oklahoma submitted the following resolution; which was referred 

to the Committee on Armed Services 

RESOLUTION 

Condemning the use of photographs of military caskets and 

funerals for partisan political and fundraising purposes. 

Whereas 314 of our servicemen and women have given their 

lives in prosecutng the war in Afghanistan; 

Whereas 2,543 of our servicemen and women have given their 

lives prosecuting the war in Iraq; 

Whereas the families of the servicemen and women killed in 

Iraq and Afghanistan deserve the thanks of a grateful 

Nation; 

Whereas the families and friends of the servicemen and 

women killed in Iraq and Afghanistan have suffered immensely at the loss of their loved ones; and 


jcorcoran on PROD1PC62 with BILLS
2 

•HRES 914 IH 

Whereas the families of the servicemen and women killed in 

Iraq and Afghanistan deserve to have their privacy respected: Now, therefore, be it 

1 Resolved, That the House of Representatives con2 demns the use of photographs of military caskets and fu3 nerals for partisan political and fundraising purposes. 

Æ 


jcorcoran on PROD1PC62 with BILLS
Editorial Note on Part 108
Editorial Note: Nomenclature changes to part 108 appear at 81 FR 49896, July 29, 2016.

§ 108.5 Determination of the need for a permit. ( a ) Whenever the Commissioner determines after investigation that a manufacturer, processor, or packer of a food for which a regulation has been promulgated in subpart B of this part does not meet the mandatory conditions and requirements established in such regulation, he shall issue to such manufacturer, processor, or packer an order determining that a permit shall be required before the food may be introduced or delivered for introduction into interstate commerce by that person. The order shall specify the mandatory conditions and requirements with which there is a lack of compliance. ( 1 ) The manufacturer, processor, or packer shall have 3 working days after receipt of such order within which to file objections. Such objections may be filed by telegram, telex, or any other mode of written communication addressed to the Center for Food Safety and Applied Nutrition, Food and Drug Administration (HFS-605), 5001 Campus Dr., College Park, MD 20740. If such objections are filed, the determination is stayed pending a hearing to be held within 5 working days after the filing of objections on the issues involved unless the Commissioner determines that the objections raise no genuine and substantial issue of fact to justify a hearing.
( 2 ) If the Commissioner finds that there is an imminent hazard to health, the order shall contain this finding and the reasons therefor, and shall state that the determination of the need for a permit is effective immediately pending an expedited hearing.
( b ) A hearing under this section shall be conducted by the Commissioner or his designee at a location agreed upon by the objector and the Commissioner or, if such agreement cannot be reached, at a location designated by the Commissioner. The manufacturer, processor, or packer shall have the right to cross-examine the Food and Drug Administration's witnesses and to present witnesses on his own behalf.
( c ) Within 5 working days after the hearing, and based on the evidence presented at the hearing, the Commissioner shall determine whether a permit is required and shall so inform the manufacturer, processor, or packer in writing, with the reasons for his decision.
( d ) The Commissioner's determination of the need for a permit constitutes final agency action from which appeal lies to the courts. The Commissioner will not stay a determination of the need for a permit pending court appeal except in unusual circumstances, but will participate in expediting any such appeal.
[42 FR 14334, Mar. 15, 1977, as amended at 54 FR 24891, June 12, 1989; 61 FR 14479, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001]
§ 1.643 What protections against conflicts of interest must a third-party certification body have to qualify for accreditation? A third-party certification body must demonstrate that it has: ( a ) Implemented written measures to protect against conflicts of interest between the third-party certification body (and its officers, employees, and other agents involved in auditing and certification activities) and clients seeking examinations or certification from, or audited or certified by, such third-party certification body; and
( b ) The capability to meet the conflict of interest requirements in § 1.657, if accredited.
118 STAT. 686 PUBLIC LAW 108–252—JUNE 25, 2004

LEGISLATIVE HISTORY—H.R. 3733:

CONGRESSIONAL RECORD, Vol. 150 (2004):

Mar. 16, considered and passed House.

June 9, considered and passed Senate.

Æ

Public Law 108–252

108th Congress

An Act

To designate the facility of the United States Postal Service located at 410 Huston

Street in Altamont, Kansas, as the ‘‘Myron V. George Post Office’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The facility of the United States Postal Service located at

410 Huston Street in Altamont, Kansas, shall be known and designated as the ‘‘Myron V. George Post Office’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the facility referred to

in section 1 shall be deemed to be a reference to the ‘‘Myron

V. George Post Office’’.

Approved June 25, 2004.

June 25, 2004

[H.R. 3733]