alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
39241.

#### JENKINS v. GORDY *et al.*

Decided January 31, 1962.

*Sanders & Mottola, Charles Van S. Mottola,*for plaintiff in error.

*Byron H. Mathews, Jr.,*contra.

Jordan, Judge.

1. Under a bond, given by a contractor for the faithful performance of a building contract, which bond provides therein that it is executed by the surety upon the con*256dition precedent that, in the event of any default of the principal, a written statement of the particular facts showing the date and nature of such default shall be immediately given by the obligee to the surety by registered mail to the surety’s home office, when an alleged defect occurs, the giving of the required notice thereof is a condition precedent to a recovery on the bond. *Savannah Lighting Co. v. Fidelity & Deposit Co.,*21 Ga. App. 758 (2) (95 SE 113). Where the existence of such condition precedent affirmatively appears from the petition and exhibits thereto, the failure to allege compliance with said condition precedent or a legal justification for non-compliance renders the petition subject to general demurrer. *Savannah Lighting Co. v. Fidelity & Deposit Co.,*21 Ga. App. 758 (3), supra.

*2. '*The fact that an action to recover on a contractor’s bond is brought under the “Jack Jones Forms” (Ga. L. 1847, p. 203) does not obviate the necessity of setting forth a complete cause of action, which in the instant case includes the averment of compliance with the conditions precedent set forth in the bond sued upon. *Pritchett v. Inferior Court of Bartow County,*46 Ga. 462.

Section 3 of the act of 1847 (Ga. L. 1847, pp. 203, 204) specifically provides that “when the suit is on a bond, the breach from which arises the right of action shall be set out plainly.” In order to set out plainly the breach of the bond from which arises the cause of action, it is necessary to show a valid obligation and to' do this there must be alleged facts showing performance or a sufficient legal excuse for nonperformance of the conditions precedent upon which the contract becomes obligatory upon the surety. *Code*§ 20-110. The trial court did not err in sustaining the general demurrer to the petition.

3. While the trial judge at his discretion may in his order sustaining a general demurrer allow reasonable time thereafter for the petition to be amended *(Code Ann.*§ 81-1001), a judgment sustaining the general demurrer and unconditionally dismissing the petition ends the case, and the disallowance thereafter, by the trial judge of an amendment to the petition is not error. *Cahoon v. Wills,*179 Ga. 195 (1) (175 SE 563). The dis-allowance by the trial court of an amendment to the petition in the instant case, offered after the action had been dismissed on *257general demurrer, was therefore not erroneous for, at the time the amendment was offered, there was no petition in court to be amended. *Chisholm v. Atlantic C. L. R. Co.,*14 Ga. App. 166 (2) (80 SE 528).

*Judgment affirmed.*

*Nichols, P. J., and Frankum, J., concur.*
395

101 97

12

Willamette

National Forest

Deschutes

National Forest

Wenatchee

National Forest

Okanogan

National

Forest

Gifford Pinchot

National Forest

Mt. Hood

National Forest

Siskiyou

National Forest

Fremont

National Forest

Umpqua

National

Forest

Mt. BakerSnoqualmie

National Forest

Malheur

National Forest

Colville

National Forest

Winema

National

Forest

Wallowa-Whitman

National Forest

Umatilla

National Forest

Rogue River

National

Forest

Ochoco

National Forest

Siuslaw

National Forest

Olympic

National Forest

Columbia River Gorge

National Scenic Area

26

101

20

97

2

12

395 95

30

195

197

199

730

5

90

84

82

405

205

182

Bend

Burns

Salem

Eugene

Yakima

Medford

Olympia

Spokane Seattle

Okanogan

Colville

Portland

Wenatchee

Pendleton

Baker City

Ellensburg

Klamath Falls

CALIFORNIA NEVADA

No warranty is made by the US Forest Service as to the 

accuracy, reliability, or completeness of these data for 

individual or aggregate use with other data. Original data 

were compiled from various sources. This information may 

not meet National Map Accuracy Standards. This product 

was developed through digital means and may be updated 

without notification.

P a c i f i c 

O c e a n

WASHINGTON

IDAHO

0 20 40 80 120Miles

OREGON

0 30 60 120 180

Kilometers

Figure S-1 USDA Forest Service Pacific Northwest Region

CANADA

Albers Equal Area Projection centered on 120 degrees 30 minutes west

Standard parallels: 43 degrees 10 minutes north and 50 minutes north.

Invasive Plants EIS Project

USDA Forest Service

PO Box 3623

Portland, OR 97208

Legend

Ownership

Private

Forest Service

Other Lands

Bureau of Land Management

US Fish and Wildlife Service

National Park Service

State

Tribal Lands

(all shades of green)
[Federal Register Volume 74, Number 146 (Friday, July 31, 2009)]
[Notices]
[Page 38176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18297]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13503-000]


University of New Hampshire; Notice of Preliminary Permit 
Application Accepted for Filing and Soliciting Comments, Motions To 
Intervene, and Competing Applications

July 27, 2009.
    On June 9, 2009, the University of New Hampshire, Center for Ocean 
Renewable Energy filed an application, pursuant to the FPA, proposing 
to study the feasibility of the General Sullivan and Little Bay Bridges 
Tidal Energy Project No. 13503, to be located on the Piscataqua River, 
in Rockingham and Strafford Counties, New Hampshire.
    The proposed project would be located near the General Sullivan and 
Little Bay bridges and would consist of: (1) A single 10-foot-wide by 
35-foot-long test platform suspending a variety of hydrokinetic devices 
including a Gorlov Helical turbine generating unit into the river; and 
(2) appurtenant facilities. Project generation would be used to power 
the test platform, therefore no transmission line is proposed.
    Applicant Contact: Professor Ken Baldwin, Chase Ocean Engineering 
Laboratory, 24 Colovos, University of New Hampshire, Durham, NH 03824, 
(603) 862-1898.
    FERC Contact: Tom Dean, (202) 502-6041.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing application: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``eFiling'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the ``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13503) in the docket number field to access the document. For 
assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-18297 Filed 7-30-09; 8:45 am]
BILLING CODE 6717-01-P
Editorial Note on Part 878
Editorial Note: Nomenclature changes to part 878 appear at 73 FR 35341, June 23, 2008.

§ 878.4490 Absorbable hemostatic agent and dressing. ( a ) *Identification.* An absorbable hemostatic agent or dressing is a device intended to produce hemostasis by accelerating the clotting process of blood. It is absorbable.
( b ) *Classification.* Class III.
( c ) *Date PMA or notice of completion of a PDP is required.* As of May 28, 1976, an approval under section 515 of the act is required before this device may be commercially distributed. See § 878.3.
* Pursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in Local Rule

47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-20340

Conference Calendar

 

EARNEST RAY LENFORD,

Plaintiff-Appellant,

versus

JAMES A. COLLINS ET AL,

Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA H 94-171

- - - - - - - - - -

December 11, 1996

Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Earnest Ray Lenford appeals the dismissal of his 42 U.S.C.

§ 1983 action as frivolous. Lenford’s petition alleges mere

negligence on the part of prison officials, not deliberate

indifference to his serious medical needs. Mere negligence,

neglect, or medical malpractice do not give rise to a § 1983

cause of action. Varnado v. Lynaugh, 920 F.2d 320, 321 (5th Cir.

1991). The district court did not err in dismissing Lenford’s

suit. This appeal is frivolous. 
No.

- 2 -

APPEAL DISMISSED. See 5th Cir. R. 42.2.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-1432

NABOR GONZALEZ GONZALEZ,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted: February 21, 2023 Decided: June 9, 2023

Before GREGORY, Chief Judge, and NIEMEYER and AGEE, Circuit Judges.

Petition denied by unpublished per curiam opinion.

ON BRIEF: Mark J. Devine, Charleston, South Carolina, for Petitioner. Brian Boynton, 

Assistant Attorney General, Shelley R. Goad, Assistant Director, Tim Ramnitz, Senior 

Litigation Counsel, Office of Immigration Litigation, Civil Division, UNITED STATES 

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-1432 Doc: 20 Filed: 06/09/2023 Pg: 1 of 2
2

PER CURIAM:

Nabor Gonzalez Gonzalez, a native and citizen of Mexico, petitions for review of 

an order of the Board of Immigration Appeals dismissing his appeal from the immigration 

judge’s denial of his application for cancellation of removal under 8 U.S.C. § 1229b(b)(1).

In denying cancellation of removal, the immigration judge found that Gonzalez failed to 

show that his removal would cause an exceptional and extremely unusual hardship for his 

United States citizen daughter. We review this determination as a mixed question of fact 

and law. Gonzalez Galvan v. Garland, 6 F.4th 552, 560 (4th Cir. 2021).

We have reviewed the administrative record in conjunction with the arguments 

advanced by Gonzalez and conclude there is no error in the agency’s dispositive hardship 

determination. We also conclude that Gonzalez’s daughter was not deprived of any 

constitutional rights due to the denial of Gonzalez’s application for cancellation of removal. 

Accordingly, we deny the petition for review. We dispense with oral argument because 

the facts and legal contentions are adequately presented in the materials before this court 

and argument would not aid the decisional process.

PETITION DENIED

USCA4 Appeal: 22-1432 Doc: 20 Filed: 06/09/2023 Pg: 2 of 2
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.4570 Ophthalmic surgical marker. ( a ) *Identification.* An ophthalmic surgical marker is a device intended to mark by use of ink, dye, or indentation the location of ocular or scleral surgical manipulation.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter, subject to the limitations in § 886.9.
[52 FR 33355, Sept. 2, 1987, as amended at 53 FR 35606, Sept. 14, 1988; 59 FR 63013, Dec. 7, 1994; 66 FR 38813, July 25, 2001]
§ 1.504-1 Attempts to influence legislation; certain organizations formerly described in section 501(c)(3) denied exemption. Section 504(a) and this section apply to an organization that is exempt from taxation at any time after October 4, 1976, as an organization described in section 501(c)(3), and that ceases to be described in that section because it— ( a ) Is an *action* organization within the meaning of § 1.501(c)(3)-1(c)(3)(ii) or (iv), on account of activities occurring after October 4, 1976, or
( b ) Is denied exemption under the provisions of section 501(h) (see § 1.501(h)-3 or § 56.4911-9).
This section does not apply, however, to an organization that was described in section 501(h)(5) and § 1.501(h)-2(b)(3) (relating generally to churches) for its taxable year immediately preceding the first taxable year for which it is no longer an organization described in section 501(c)(3). An organization to which section 504(a) and this section apply shall not be treated as described in section 501(c)(4) at any time after the organization ceases to be described in section 501(c)(3). Further, an organization denied treatment as an organization described in section 501(c)(4) under this section may not be treated as an organization described in section 501(c) other than as an organization described in section 501(c)(3). For rules relating to recognition of exemption after exemption is denied under section 501(h), § 1.501(h)-3(d). [T.D. 8308, 55 FR 35592, Aug. 31, 1990]
§ 1.423-1 Applicability of section 421(a). ( a ) *General rule.* Subject to the provisions of section 423(c) and § 1.423-2(k), the special rules of income tax treatment provided in section 421(a) apply with respect to the transfer of a share of stock to an individual pursuant to the individual's exercise of an option granted under an employee stock purchase plan, as defined in § 1.423-2, if the following conditions are satisfied— ( 1 ) The individual makes no disposition of such share before the later of the expiration of the two-year period from the date of the grant of the option pursuant to which such share was transferred or the expiration of the one-year period from the date of transfer of such share to the individual; and
( 2 ) At all times during the period beginning on the date of the grant of the option and ending on the day three months before the date of exercise, the individual was an employee of the corporation granting the option, a related corporation, or a corporation (or a related corporation) substituting or assuming the stock option in a transaction to which section 424(a) applies.
( b ) *Cross-references.* For rules relating to the requisite employment relationship, see § 1.421-1(h). For rules relating to the effect of a disqualifying disposition, see section 421(b) and § 1.421-2(b). For the definition of the term “disposition,” see section 424(c) and § 1.424-1(c). For the definition of the term “related corporation,” see § 1.421-1(i).
( c ) *Effective/applicability date.* The regulations under this section are effective on November 17, 2009. The regulations under this section apply to options granted under an employee stock purchase plan on or after January 1, 2010.
[T.D. 9471, 74 FR 59078, Nov. 17, 2009]
Exhibit 35.7



LOGO

ANNUAL STATEMENT OF COMPLIANCE OF

LNR PARTNERS, LLC

The undersigned, Job Warshaw,
being the President of LNR Partners, LLC (the Special Servicer), as special servicer under the applicable Pooling and Servicing Agreement for the transactions listed on Schedule Ihereto, hereby certifies, subject to any
limitations listed on Schedule Ihereto, as of the date hereof, on behalf of the Special Servicer, solely in his capacity as an authorized officer of the Special Servicer and not in his individual capacity, as follows:



| | 1. | A review of the activities performed by the Special Servicer during the period commencing on January 1, 2017 and ending on December 31, 2017 (or any other shorter period set forth on Schedule Ihereto)
(the Reporting Period), and of the Special Servicers performance under the Pooling and Servicing Agreement has been made under my supervision; and
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review and using the applicable servicing criteria under Item 1122 of Regulation AB, the Special Servicer has fulfilled all of its obligations under the applicable Pooling and
Servicing Agreement in all material respects throughout the Reporting Period.
| | -- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



LNR PARTNERS, LLC, a Florida
limited liability companyBy

/s/ Job WarshawJob WarshawPresident






1601 Washington Avenue  Suite 700  Miami Beach, Florida 33139-3164

Telephone: (305) 695-5600  Fax: (305) 695-5601



---

Schedule I

COMM 2015-CR24

COMM 2015-CCRE24 Mortgage Trust
Commercial Mortgage Pass-Through Certificates

(Eden Roc entered into CGCMT 2015-P1)

Deutsche Mortgage & Asset Receiving Corporation

c/o
Cadwalader, Wickersham & Taft LLP

One World Financial Center

New York NY 10281

Anna H Glick

Deutsche Mortgage & Asset Receiving Corporation

60
Wall Street

New York NY 10005

Lainie Kaye

Park Bridge Lender Services LLC

600 Third Avenue, 40th Floor

Att: COMM 2015-CR24

New York NY 10016

Group

Wells Fargo Bank, N.A.

9062 Old Annapolis Road

Columbia MD 21045

Group Notices

Wilmington Trust, National Association

1100 North Market Street

Wilmington DE 19890

Adam Scozzafava

Wilmington Trust, National Association

1100 North Market Street

Wilmington DE 19890

Group
(logo)  LNRPartners, LLC  **ANNUAL STATEMENT OF COMPLIANCE**** ****OF**** ****LNR PARTNERS, LLC**  The undersigned, Job Warshaw, being the President of LNR Partners, LLC (the "Special Servicer"), as special servicer under the applicable Pooling and Servicing Agreement for the transactions listed on Schedule I hereto, hereby certifies, subject to any limitations listed on Schedule I hereto, as of the date hereof, on behalf of the Special Servicer, solely in his capacity as an authorized officer of the Special Servicer and not in his individual capacity, as follows: 1. A review of the activities performed by the Special Servicer during the period commencing on January 1, 2015 and ending on December 31, 2015 (or any other shorter period set forth on Schedule I hereto) (the “Reporting Period"), and of the Special Servicer's performance under the Pooling and Servicing Agreement has been made under my supervision; and 2. To the best of my knowledge, based on such review and using the applicable servicing criteria under Item 1122 of Regulation AB, the Special Servicer has fulfilled all of its obligations under the applicable Pooling and Servicing Agreement in all material respects throughout the Reporting Period.  LNR PARTNERS, LLC,a Florida limited liability companyBy: /s/ Job WarshawJob WarshawPresident  Dated: February 23, 2016  1601 Washington Avenue · Suite 700 · Miami Beach, Florida 33139-3164Telephone: (305) 695-5600 · Fax: (305) 695-5601  **Schedule I**  JPMBB 2015-C32JPMBB Commercial Mortgage Securities Trust 2015-C32, Commercial Mortgage Pass-Through Certificates, Series 2015-C32  Dominion Bond Rating Service Limited 333 West Wacker Drive, Suite 1800 Attn: Commercial Mortgage Surveillance Chicago IL 60606General Contact Fitch Ratings Inc. 33 Whitehall StreetAttention: Commercial Mortgaged Surveillance New York NY 10004General Contact J.P. Morgan Chase Commercial Mortgage Securities Corp. 383 Madison Avenue, 32nd FloorNew York NY 10179 Bianca A. Russo J.P. Morgan Chase Commercial Mortgage Securities Corp., 383 Madison Avenue, 31st FloorNew York NY 10179 Kunal K. Singh Moody's Investors Service, Inc. 7 World Trade Center250 Greenwich StreetAttn: Commercial Mortgage Surveillance Group New York NY 10007General Contact Wells Fargo Bank, N.A. 9062 Old Annapolis Road Columbia MD 21045 Group Notices Wilmington Trust, National Association 1100 North Market StreetWilmington DE 19890Clarice Wright Wilmington Trust, National Association 1100 North Market StreetWilmington DE 19890 Group
EXHIBIT 32.a



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 Quarterly Report of American Affordable Housing II Limited Partnership (the "Partnership") on Form 10-Q for the period ended June 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, John P. Manning, Principal Executive Officer of the general partner of the general partner of the Partnership's general partner, C&M Management Inc., 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, after due inquiry:



|(1) | The Report fully complies with the requirements of section 13(a)-15 or 15(d)-15 of the Securities and 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 the Partnership.



|                 |     |                            
|---------------- | --- | ---------------------------
|Date:            |     |                            
|January 23, 2007 | By: | /s/ John P. Manning        
|                 |     |                            
|                 |     | John P. Manning            
|                 |     | Principal Executive Officer

A signed original of this written statement required by Section 906, or other

document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Fund and will be retained by the Fund and furnished to the Securities and Exchange Commission or its staff upon request.
* Pursuant to 5TH CIR . R. 47.5, the court has determined that this

opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED July 11, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT
No. 06-50625 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus MARLOW SZODOC SMITH, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas

No. 7:05-CR-201-ALL

--------------------
Before DAVIS, SMITH, and OWEN, Circuit Judges. PER CURIAM: *

Marlow Smith argues that the evidence is insufficient to support his conviction of misdemeanor possession of cocaine base. Smith argues that the evidence merely shows that he was present at
a known crack house when authorities executed a search warrant and that it fails to establish that he actually or constructively pos-No. 06-50625 -2-
sessed cocaine base found in the house. Our review of the evidence shows that a rational juror could have concluded that Smith constructively possessed cocaine base by exercising control over rocks of cocaine base found during the execution of the search warrant. United States v. Ornelas-Rodriguez , 12 F.3d 1339, 1346 (5th Cir. 1994); United States v. Jaramillo , 42 F.3d 920, 923 (5th Cir. 1995). We will not disturb that determination. United States v. Runyan , 290 F.3d 223, 240 (5th Cir. 2002). AFFIRMED.