alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1.9004-2 Effect of election. ( a ) *In general.* If a taxpayer makes the election described in paragraph (b) of § 1.9004-1, he shall be deemed to have consented to the application of the Act with respect to all the clay and shale described in that paragraph for all taxable years for which the election is effective whether or not the taxpayer is litigating the issue for any of such years. Thus, in applying section 613 of the Internal Revenue Code of 1954 (and corresponding provisions of the Internal Revenue Code of 1939) to those years: ( 1 ) The “gross income from the property” for purposes of section 613(c) of the Internal Revenue Code of 1954 (and corresponding provisions of the Internal Revenue Code of 1939) shall be 50 percent of the amount for which the mineowner or operator sold, during the taxable year, the building or paving brick, drainage and roofing tile, sewer pipe, flower pots, and kindred products manufactured from the clay and shale described in paragraph (b) of § 1.9004-1, but shall not exceed an amount equal to $12.50 multiplied by the number of short tons of all such clay or shale mined and used by the mineowner or operator in the manufacture of the products sold during the taxable year; and
( 2 ) The “taxable income from the property” (computed without allowance for depletion) for purposes of section 613(a) of the Internal Revenue Code of 1954 (and corresponding provisions of the Internal Revenue Code of 1939) shall be 50 percent of the taxable income from the manufactured products sold during the taxable year (computed without allowance for depletion).
( b ) *Effect on depletion rates and other items.* The election shall have no effect on the applicable rate of percentage depletion for the taxable years to which the election is effective. In applying the election to the years affected there shall be taken into account the effect that any adjustments resulting from the election shall have on other items affected thereby, such as charitable contributions, foreign tax credit, net operating loss, and the effect that adjustments to any such items shall have on other taxable years. The provisions of the Act are applicable with respect to taxable years subject to the Internal Revenue Code of 1939 for purposes of applying sections 450 and 453 of that Code.
(75 Stat. 674; 26 U.S.C. 613 note)
[T.D. 6575, 26 FR 9632, Oct. 12, 1961]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-7187

JOSHUA ADAM CONLAN,

Petitioner - Appellant,

v.

ERIC D. WILSON, Warden,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Liam O’Grady, District Judge. 

(1:16-cv-00116-LO-MSN)

Submitted: December 15, 2016 Decided: December 20, 2016

Before SHEDD, DUNCAN, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Joshua Adam Conlan, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Joshua Adam Conlan, a federal prisoner, appeals the district 

court’s order denying relief on his 28 U.S.C. § 2241 (2012)

petition. We have reviewed the record and find no reversible 

error. Accordingly, although we grant leave to proceed in forma 

pauperis, we affirm the judgment of the district court. 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.

AFFIRMED
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-7320

ROGER L. ERVIN,

Plaintiff - Appellant,

v.

BOBBY P. SHEARIN, Warden; SERGEANT FINK,

Defendants - Appellees.

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. Ellen L. Hollander, District Judge. 

(1:13-cv-03337-ELH)

Submitted: March 30, 2015 Decided: April 2, 2015

Before MOTZ, GREGORY, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Roger Len Ervin, Appellant Pro Se. Nichole Cherie Gatewood, 

OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, 

for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Roger L. Ervin seeks to appeal the district court’s 

order denying in part his motion for discovery. This Court may 

exercise jurisdiction only over final orders, 28 U.S.C. § 1291 

(2012), and certain interlocutory and collateral orders, 28 

U.S.C. § 1292 (2012); Fed. R. Civ. P. 54(b); Cohen v. Beneficial 

Indus. Loan Corp., 337 U.S. 541, 545-46 (1949). 

The order Ervin seeks to appeal is neither a final 

order nor an appealable interlocutory or collateral order. Nor 

could it have been certified for immediate appealability under 

Rule 54(b). In re Bryson, 406 F.3d 284, 287-88 (4th Cir. 2005); 

Equip. Fin. Grp., Inc. v. Traverse Computer Brokers, 973 F.2d 

345, 347-48 (4th Cir. 1992). Accordingly, we dismiss the appeal 

for lack of jurisdiction. 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.

DISMISSED
104TH CONGRESS

2D SESSION H. CON. RES. 180

CONCURRENT RESOLUTION

Commending the members of the Armed Forces

Cold War.served the United States faithfully during theand civilian personnel of the Government who
104TH CONGRESS

2D SESSION H. CON. RES. 180

CONCURRENT RESOLUTION

Whereas, during the period of the Cold War, from the end

of World War II until the collapse of the Soviet Union

in 1991, the United States and the Soviet Union engaged

in a global military rivalry;

Whereas this rivalry, potentially the most dangerous military

confrontation in the history of mankind, has come to a

close without a direct superpower military conflict;
2

•HCON 180 EH

Whereas military and civilian personnel of the Department of

Defense, personnel in the intelligence community, members of the foreign service, and other officers and employees of the United States faithfully performed their duties

during the Cold War;

Whereas many such personnel performed their duties while

isolated from family and friends and served overseas

under frequently arduous conditions in order to protect

the United States and achieve a lasting peace; and

Whereas the discipline and dedication of those personnel were

fundamental to the prevention of a superpower military

conflict: Now, therefore, be it

1 Resolved by the House of Representatives (the Senate

2 concurring),That Congress hereby commends, and ex3 presses it gratitude and appreciation for, the service and

4 sacrifices of the members of the Armed Forces and civilian

5 personnel of the Government who contributed to the his6 toric victory in the Cold War.

Passed the House of Representatives September 26,

1996.

Attest:

Clerk.
Certification of the Chief Financial Officer
                       Pursuant to 18 U.S.C. Section 1350



     Solely for the purposes of complying with 18 U.S.C. Section 1350, I, the
undersigned Vice President of Finance and Chief Financial Officer of Gehl
Company (the "Company"), hereby certify, based on my knowledge, that the
Quarterly Report on Form 10-Q of the Company for the quarter ended June 29, 2002
(the "Report") fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.

                                          GEHL COMPANY



Date:  August 13, 2002                    By:  /s/ Kenneth P. Hahn
                                               ---------------------------------
                                               Kenneth P. Hahn
                                               Vice President of Finance
                                               and Chief Financial Officer
| (logo) WELLS FARGO | Commercial Mortgage Servicing

 

D1086-120, 12th Floor

550 South Tryon Street

Charlotte, NC 28202

1-800-326-1334 |
|--------------------|---------------------------------------------------------------------------------------------------------------------------|

 

 

ANNUAL STATEMENT OF COMPLIANCE

 

 

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of November 1, 2015, by and among WELLS FARGO COMMERCIAL MORTGAGE SECURITIES, INC., as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, MIDLAND LOAN SERVICES, A DIVISION OF PNC BANK, NATIONAL ASSOCIATION, as Special Servicer, TRIMONT REAL ESTATE ADVISORS, LLC, as Trust Advisor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Certificate Administrator, as Tax Administrator and as Custodian and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee, with respect to Commercial Mortgage Pass-Through Certificates Series 2015-C31 (the "Agreement"). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

 

Pursuant to Section 11.12 of this Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:

 

1. A review of the activities of the Master Servicer during the period from November 1, 2015 through December 31, 2015 (the “Reporting Period”), and of its performance per the Agreement during such period has been made under my supervision, and

 

2. To the best of my knowledge, based on such review, the Master Servicer, has fulfilled all of its obligations under this Agreement in all material respects throughout the Reporting Period.

 

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 4th day of March 2016.

 

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll go far |
|------------------------|------------------------------------|
<PAGE>

                                                                   EXHIBIT 10.19

    *Certain portions of this exhibit have been omitted pursuant to a request
    for confidential treatment which has been filed separately with the SEC.

                     (KOCH SUPPLY & TRADING LP LETTERHEAD)

      October 3, 2002     Revised December 13, 2002


EOTT Energy Operating Ltd. Partnership
Attn:  Mr. Robert Sanford
P.O. Box 4666
Houston, Texas 77210-4666

Re:      Crude Oil Supply and Terminalling Agreement ("Agreement") dated
         December 1, 1998 by and between EOTT Energy Operating Limited
         Partnership ("EOTT") and Koch Supply & Trading, LP (as assignee of Koch
         Petroleum Group, L.P.) ("Koch"), EOTT Contract No. T-502-1023015,
         current reference number TS-02-1023015 as amended.

Dear Mr. Sanford:

This letter agreement shall serve to modify and amend sections 2.1 and 3.1 of
the Agreement, in accordance with our October 2002 verbal agreement.

The Agreement is hereby amended to include the following provision at the end of
section 2.1:

[*]

The Agreement is hereby further amended to include the following provisions at
the end of section 3.1:

[*]

The foregoing amendments shall remain in effect through May 31, 2003.

Except as set forth above, all other terms and conditions of the Agreement, as
amended, shall remain unchanged and in full force and effect.

Agreed to as October, 2002.

EOTT Energy Operating Limited Partnership
By EOTT Energy Corp., on behalf of its general partner
EOTT Energy General Partner, L.L.C.

By: /s/ DANA R. GIBBS/RA
    ---------------------
    Dana R. Gibbs
    President and COO

Koch Supply & Trading, LP

By: /s/ JAMES B. URBAN/NW
    ---------------------
    James B. Urban
    Vice President
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 20-1941

JESUS VASQUEZ, JR.; PENNEY LEIGH VASQUEZ,

Debtors - Appellants,

v.

WILMINGTON SAVINGS FUND SOCIETY, FSB, as Trustee of Stanwich 

Mortgage Trust F,

Creditor - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Wilmington. James C. Dever III, District Judge. (7:20-cv-00062-D)

Submitted: April 27, 2021 Decided: April 30, 2021

Before KEENAN, WYNN, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Richard P. Cook, RICHARD P. COOK, PLLC, Wilmington, North Carolina, for 

Appellants. Philip T. Evans, HOLLAND & KNIGHT LLP, Washington, D.C., for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jesus Vasquez, Jr., and Penney Leigh Vasquez appeal the district court’s order

affirming the bankruptcy court’s order granting Wilmington Savings Fund Society, FSB’s

motion to dismiss the adversary proceeding filed by the Vasquezes in their Chapter 7 

bankruptcy proceeding. We have reviewed the record included on appeal and find no error 

below. Accordingly, we affirm for the reasons stated by the district court. Vasquez v. 

Wilmington Savings Fund Soc’y, FSB, No. 7:20-cv-00062-D (E.D.N.C. Aug. 27, 2020);

see Dewsnup v. Timm, 502 U.S. 410 (1992). 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.

AFFIRMED
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION I

5 POST OFFICE SQUARE, SUITE 100

BOSTON, MASSACHUSETTS 02109

- 3912

MEMORANDUM

SUBJECT : Tribal Technical Consultation: Maine Water Quality Standards options for promulgation

FROM : Michael Stover , EPA Region 1 Indian Program Manager

TO : file

DATE: March 31, 2016

On Thursday, July 30 2015 from 2:30

– 4:00pm , a technical conference call was held with the Maine

tribal environmental directors regarding the application of water qua lity standards pertaining to waters in

Indian lands in Maine

. Present on the conference call were:

Fred Corey, Environmental Director, Aroostook Band of Micmacs

Sue Young, Natural Resources Director, Houlton Band of Maliseet Indians

Sharri Venno, Environm ental Planner, Houlton Band of Maliseet Indians

Jane Stedman, Attorney, Kanji & Katzen ( Houlton Band of Maliseet Indians )

John Banks, Natural Resources Director, Penobscot Indian Nation

Dan Kusnierz, Water Program Manager, Penobscot Indian Nation

Marvin Cl ing, Environmental Planner, Passamaquoddy Tribe at Pleasant Point

Trevor White, Environmental Director, Passamaquoddy Tribe at Indian Township

Martin Dana, Environmental Director, Passamaquoddy Tribe at Indian Township

Carl Dierker, Director, Office of Reg ional Counsel, EPA Region 1

Tim Williamson, Deputy Director, Office of Regional Counsel, EPA Region 1

Ken Moraff, Director, Office of Ecosystem Protection, EPA Region 1

Ann Williams, Office of Regional Counsel, EPA Region 1

Ellen Weitzler, Municipal Permit s Section Chief, EPA Region 1

Jeanne Voorhees, Water Quality Standards Coordinator, EPA Region 1

Matt Hoagland, Branch Chief, Wetlands, EPA Region 1

Sara Levin son, Office of Regional Administrator, EPA Region 1

Michael Stover, Indian Program Manager, EPA R egion 1

D uring the call, EPA relaye d to the Maine tribes that the three sets of disapprovals issued in February,

March and June of 2015 spurred a need for establishing protective standards pertaining to waters in Indian

lands in Maine. EPA communicated th at while EPA remains hope ful that Maine will take appropriate

action, EPA has not received assurance from the State th at this wil l happen

. EPA is therefore b eginning

the work to support a f ederal promulgation if necessary, and is soliciting the tribes’ vie ws under this

technical consultation call.

EPA discussed several potential promulgation approaches , including whether to concentrate on human

health criteria 

### first, followed by aquatic life criteria and other disapprovals , or work towards

promulgating sta ndards all at once.

Dan Kusnierz relayed that H HC was the most important category of WQS for the Penobscot Indian

Nation . Trevor White of the Passamaquoddy Tribe at Indian Township suggested a broadest possible

approach for promulgation instead of a categ orical approach , and Fred Corey of the Aroostook Band of

Micmacs concurred

.

### The Maine tribes provided n o additional feedback

.

2
* 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

September 8, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40416

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RENE CASTILLO,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 1:05-CR-804

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

Before KING, GARWOOD, and JOLLY, Circuit Judges.

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Rene Castillo

raises arguments that are foreclosed by United States v.

Slaughter, 238 F.3d 580, 582-84 (5th Cir. 2000), which held that

Apprendi v. New Jersey, 530 U.S. 466 (2000), did not render 21

U.S.C. § 841 unconstitutional on its face. The Government’s

motion for summary affirmance is GRANTED, and the judgment of the

district court is AFFIRMED.
```

[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices]               
[Page 5094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-74]                         

-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Agency for Healthcare Research and Quality

 
Notice of Meeting

    In accordance with section 10(d) of the Federal Advisory Committee 
Act (5 U.S.C., Appendix 2), announcement is made of a Health Care 
Policy and Research Special Emphasis Panel (SEP) meeting.
    A Special Emphasis Panel is a group of experts in fields related to 
health care research who are invited by the Agency for Healthcare 
Research and Quality (AHRQ), and agree to be available, to conduct on 
an as needed basis, scientific reviews of applications for AHRQ 
support. Individual members of the Panel do not attend regularly-
scheduled meetings and do not serve for fixed terms or a long period of 
time. Rather, they are asked to participate in particular review 
meetings which require their type of expertise.
    Substantial segments of the upcoming SEP meeting listed below will 
be closed to the public in accordance with the Federal Advisory 
Committee Act, section 10(d) of 5 U.S.C., Appendix 2 and 5 U.S.C. 
552b(c)(6). Grant applications for the Transforming Primary Care (Ri 8) 
applications are to be reviewed and discussed at this meeting. These 
discussions are likely to reveal personal information concerning 
individuals associated with the applications. This information is 
exempt from mandatory disclosure under the above-cited statutes.

    SEP Meeting on: Transforming Primary Care (Ri 8).
    Date: March 9-10, 2010 (Open on March 9 from 8:30 a.m. to 8:45 
a.m. and closed for the remainder of the meeting).
    Place: Doubletree Hotel & Executive Meeting Center, 8120 
Wisconsin Avenue, Conference Room TBD, Bethesda, Maryland 20852.
    Contact Person: Anyone wishing to obtain a roster of members, 
agenda or minutes of the nonconfidential portions of this meeting 
should contact Mrs. Bonnie Campbell, Committee Management Officer, 
Office of Extramural Research, Education and Priority Populations, 
AHRQ, 540 Gaither Road, Room 2038, Rockville, Maryland 20850, 
Telephone (301) 427-1554.

    Agenda items for this meeting are subject to change as priorities 
dictate.

    Dated: January 25, 2010.
Carol M. Clancy,
Director.
[FR Doc. 2010-1900 Filed 1-29-10; 8:45 am]
BILLING CODE 4160-90-M
```
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 May 29, 2013

p0522

Order 

Clerk

May 29, 2013

146714

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 146714

COA: 313750

Wayne CC: 12-004559-01-FC

SHAWQUANDA BOROM,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the January 31, 2013 

order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of 

granting leave to appeal, we REMAND this case to the Court of Appeals for 

consideration, as on leave granted, of: (1) whether a parent’s failure to act to prevent 

harm to his or her child satisfies the requirement for a knowing or intentional act under 

the first-degree child abuse statute, MCL 750.136b(2), in light of MCL 750.136b(3) that 

separately punishes omissions and reckless conduct as second-degree child abuse; (2) if 

so, whether the failure to prevent a person who may be dangerous to the child to have 

contact with the child violates the first-degree child abuse statute; (3) whether there is a 

common law duty of a parent to prevent injury to his or her child; and, (4) assuming that 

there is such a duty under the common law, whether aiding and abetting under 

MCL 767.39 can be proven where the defendant failed to act according to a legal duty, 

but provided no other form of assistance to the perpetrator of the crime.
No. 07-15-00152-CV

Joe Adam Ramirez and Frederick Q.

Herrod

Appellants

v.

Rissie Owens and Texas Board of

Pardons and Paroles

Appellees §

§

§

§ From the 53rd District Court

of Travis County

November 19, 2015

Opinion by Chief Justice Quinn

J U D G M E N T

Pursuant to the opinion of the Court dated November 19, 2015

, it is ordered,

adjudged and decreed that the judgment of the trial court be affirmed.

Inasmuch as this is an appeal in forma pauperis

, no costs beyond those that

have been paid are adjudged.

It is further ordered that this decision be certified below for observance.

o O o
Editorial Note on Part 882
Editorial Note: Nomenclature changes to part 882 appear at 73 FR 35341, June 23, 2008.

§ 882.1020 Rigidity analyzer. ( a ) *Identification.* A rigidity analyzer is a device for quantifying the extent of the rigidity of a patient's limb to determine the effectiveness of drugs or other treatments.
( b ) *Classification.* Class II (special controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 882.9.
[44 FR 51730, Sept. 4, 1979, as amended at 84 FR 71815, Dec. 30, 2019]
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-0585

_____________________________

PAUL WHITE,

Appellant,

v.

STATE OF FLORIDA, JULIE L.

JONES, Secretary, Florida 

Department of Corrections, et 

al.,

Appellees.

_____________________________

On appeal from the Circuit Court for Hamilton County.

Andrew J. Decker, III, Judge.

December 19, 2018

PER CURIAM.

AFFIRMED. James v. Jones, 244 So. 3d 352 (Fla. 1st DCA 

2018); Zuluaga v. State, Dep’t of Corr., 32 So. 3d 674 (Fla. 1st 

DCA 2010). 

B.L. THOMAS, C.J., JAY, J., and LONG, JR., ROBERT E., ASSOCIATE 

JUDGE, concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Paul White, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Kaitlin Weiss, Assistant 

Attorney General, Tallahassee, for Appellees.