alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Melancthon W. Borland, Plaintiff, *against*Augustus Alleond *et al.*Defendants.

[Special Term.]

(Decided November 2d, 1878.)

The costs to be allowed on a reference to ascertain the party entitled to the surplus moneys in foreclosure cases are costs of motion only, so far as costs are payable out of the fund.

Whether a trial fee on sucha reference, where a claim is contested, may not be properly taxed against the unsuccessful contestant," *Qucere.*

Motion to confirm the report of a referee as to surplus moneys and for costs. The action was for the foreclosure of a mortgage. The motion was made on behalf of Charles F. Smith, a defendant in the action and a claimant, on whose behalf also the motion for the reference was made. There was no opposition made before the referee to the claim of Smith. Upon the motion he asked for the costs allowed in civil actions before and after notice of trial and a trial fee.

The motion was opposed by Wilkening, another claimant.

*Starr*cf *Ruggles,*for motion.

*Ashbel JP. Fitch,*opposed.

Joseph F. Daly, J.

The costs to be allowed on a reference to ascertain the party entitled to the surplus moneys in foreclosure cases are costs of motion only, so far as the costs are *payable out of the fund.*This I regard as the proper rule under the authorities, although no distinction is therein made between costs chargeable upon the fund and costs in favor of a successful contestant against other claimants upon the fund. (*Wellington*v. *Ulster Ice Co.,*5 Weekly Dig. 104; *Elwell*v. *Robbins,*43 How. Pr. 108 ; *N. Y. Life Ins. Co.*v. *Vanderbilt,*12 Abb. Pr. 462*; McDermot*v. *Hennesy,*9 Hun, *12759.) The owner of the equity of redemption should not be made to suffer by reason of a litigation between rival claimants in which he takes no part; these claimants should be chargeable as between each other with the expenses of the contest, and it may be that a trial fee in addition to motion costs would be properly taxable. Although the determination is summary in its nature, the mode of ascertaining the priorities of liens is in no way different from an ordinary trial of issues by a referee. *(Elwell*v. *Robbins, supra.)*

As I understand, the claim here is for payment out of the fund. The costs of motion only should be allowed, *i.e.,*for two motions at $10 each, besides referee’s fees, taxed at $75, and disbursements under the cases cited.

Ordered accordingly.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-1848-DR; Docket ID FEMA-2008-0018]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Kansas (FEMA-1848-DR), dated June 24, 2009, and related determinations.

# DATES:

*Effective Date:*                         July 24, 2009.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Kansas is hereby amended to include the following area among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of June 24, 2009.

Morris County for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households in Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050, Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. E9-18409 Filed 7-31-09; 8:45 am]

BILLING CODE 9111-23-P
§ 13.10 Distribution of money in lieu of fractional shares. ( a ) *In general.* ( 1 ) Under the general rule of section 305, as amended by section 421(a) of the Tax Reform Act of 1969, gross income does not include the amount of any distribution of the stock (or rights to acquire the stock) of a corporation made by such corporation to its shareholders with respect to its stock. Under an exception to the general rule, a distribution by a corporation of its stock or rights to acquire its stock is treated as a distribution of property to which section 301 applies if the distribution (or a series of distributions of which such distribution is one) has the result of ( i ) the receipt of money or other property by some shareholders, and
( ii ) an increase in the proportionate interests of other shareholders in the assets or earnings and profits of the corporation. Also, the Secretary or his delegate is directed to prescribe regulations under which a redemption which is treated as a distribution to which section 301 applies, or any other transaction having a similar effect on the interest of any shareholder, shall be treated as a distribution with respect to any shareholder whose proportionate interest in the assets or earnings and profits of the corporation is increased by such redemption or transaction.
( 2 ) The general rule, and not the exception, applies in the case where cash is distributed in lieu of fractional shares to which the shareholders would otherwise be entitled, provided the purpose in distributing the cash is to save the distributing corporation the trouble, expense, and inconvenience of issuing and transferring fractional shares (or scrip representing fractional shares), or issuing full shares representing the sum of fractional shares, and not to give any particular group of shareholders an increased interest in the assets or earnings and profits of the corporation.
( b ) *Illustration.* The application of paragraph (a) of this section may be illustrated by the following example:
Example. Corporation X is a large corporation whose stock is widely held by the public, no one shareholder owning more than 10 percent of the outstanding stock. The stock is listed on a recognized exchange and is currently selling at less than $75 per share. During the year the corporation pays a 3-percent stock dividend. Cash is paid to each shareholder in lieu of a fractional share to which he would otherwise be entitled. The distribution of cash in lieu of fractional shares is not intended to give any particular group of shareholders an increased interest in the assets or earnings and profits of the corporation, but is intended to save the corporation the trouble, expense, and inconvenience of issuing and transferring scrip representing fractional shares. The general rule, and not the exception, applies in this situation.
(Sec. 305(c), 83 Stat. 614; 26 U.S.C. 305(c))
[T.D. 7039, 35 FR 7012, May 2, 1970]
EXHIBIT 32.1
 
 SECTION 1350 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION 906
 OF THE SARBANES-OXLEY ACT OF 2002
 
 
 
 The undersigned officer of Summit Financial Corporation (the Company), hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and in connection with this Quarterly Report on Form 10-Q for the period ended September 30, 2004 (the Report), that, to such officer's knowledge:
 
 (1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 result of operations of the Company.
 
 Date: November 1, 2004J. Randolph Potter, President and Chief Executive Officer 
 
 
 The foregoing certification is being furnished solely pursuant to 18 U.S.C. §1350 and is not being filed as part of the Report or as a separate disclosure document.
 
 A signed original of this written statement required by Section 906 has been provided to Summit Financial Corporation and will be retained by Summit Financial Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
#### § 25.2512-0 Table of contents.

This section lists the section headings that appear in the regulations in this part under section 2512.

25.2512-1 Valuation of property; in general.

25.2512-2 Stocks and bonds.

25.2512-3 Valuation of interests in businesses.

25.2512-4 Valuation of notes.

25.2512-5 Valuation of annuities, interests for life or a term of years, and remainder or reversionary interests.

25.2512-6 Valuation of certain life insurance and annuity contracts; valuation of shares in an open-end investment company.

25.2512-7 Effect of excise tax.

25.2512-8 Transfers for insufficient consideration.

### Actuarial Tables Applicable Before June 1, 2023

25.2512-5A Valuation of annuities, interests for life or a term of years, and remainder or reversionary interests transferred before June 1, 2023.

[T.D. 9974, 88 FR 37451, June 7, 2023]
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 142 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
S. RES. 142

    To express the sense of the Senate to recognize and commend the 
                 American Business Women's Association.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 7, 1993

Mr. Coverdell submitted the following resolution; which was referred to 
               the Committee on Labor and Human Resources

_______________________________________________________________________

                               RESOLUTION

 
    To express the sense of the Senate to recognize and commend the 
                 American Business Women's Association.

Whereas the American Business Women's Association (hereafter referred to in this 
        Resolution as the ``Association'') has been making tomorrow better for 
        active and concerned women since 1949;
Whereas at that time, as today, the primary objective of the Association is to 
        aid in the professional, educational, cultural, and social advancement 
        of business women;
Whereas the national organization, founded in Kansas City, Missouri, is an 
        influential organization with a membership exceeding 100,000 from all 
        types of businesses and professions in more than 1,900 chapters in the 
        United States and Puerto Rico;
Whereas the Atlanta Area Council, representing 37 chapters from across the 
        metropolitan Atlanta area, has been a viable business organization;
Whereas the Association offers assistance to women aspiring to successful 
        careers by investing in their education;
Whereas since the Association's inception, chapters have sponsored scholarships 
        for women seeking to further their education;
Whereas the amount awarded annually by chapters has grown to more than 
        $2,000,000; and
Whereas for thousands of working women, the Association is a better way to 
        advance in their education and in their business and personal lives: 
        Now, therefore, be it
    Resolved, That it is the sense of the Senate to recognize and 
commend the Association as it continues to communicate to individuals 
the importance of education and self-improvement of business women.

                                 <all>
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

Pursuant to Section 14(a)(2)(A) of the Federal Advisory Committee Act, App. 2, and section 102-3.65, Title 41, Code of Federal Regulations, and following consultation with the Committee Management Secretariat, General Services Administration, notice is hereby given that the Basic Energy Sciences Advisory Committee has been renewed for a 2-year period.

The Committee will provide advice to the Department of Energy's Office of Science on the basic energy sciences programs. The Secretary of Energy has determined that renewal of the Basic Energy Sciences Advisory Committee is essential to the conduct of the Department's business and in the public interest in connection with the performance of duties imposed by law upon the Department of Energy. The Committee will continue to operate in accordance with the provisions of the Federal Advisory Committee Act (Pub. L. No. 92-463), the General Services Administration Final Rule on Federal Advisory Committee Management, and other directives and instructions issued in implementation of those acts.

*For Further Information Contact:*                     Ms. Rachel Samuel at (202) 586-3279.                

Issued in Washington, DC, on July 31, 2009.

Eric Nicoll,

Advisory Committee Management Officer.

[FR Doc. E9-18680 Filed 8-4-09; 8:45 am]

BILLING CODE 6450-01-P
#### Michael S. YELLEN, Plaintiff-Appellant, v. Glenn A. MUELLER, et al., Defendants—Appellees.

No. 02-15412.

D.C. No. CV-97-00826-DFL.

United States Court of Appeals, Ninth Circuit.

*878Submitted June 10, 2002.*

Decided June 14, 2002.

Before O’SCANNLAIN, BERZON, and RAWLINSON, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM **

This appeal from the district court’s order denying appellant’s motion for preliminary injunction comes to us for review under Ninth Circuit Rule 3-3. We have jurisdiction under 28 U.S.C. § 1292(a)(1), and we affirm.

We express no view on the merits of the complaint. Our sole inquiry is whether the district court abused its discretion in denying preliminary injunctive relief. *See Gregorio T. v. Wilson,*59 F.3d 1002, 1004-05 (9th Cir.1995). The record before us shows that the court did not rely on an erroneous legal premise or abuse its discretion in concluding that appellant had failed to demonstrate a likelihood of success on the merits or the threat of imminent irreparable harm and in denying preliminary injunctive relief. *See id.*The court’s factual findings and application of legal standards are not clearly erroneous. *See id.*Accordingly, the court’s order denying the preliminary injunction is affirmed.

AFFIRMED.

Judge BERZON, Dissenting.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

BERZON, Judge.

I dissent. I would appoint counsel and set the case for a hearing by a merits panel.
Court of Appeals of the State of Georgia

Clerk's Office, Atlanta, May 11, 2021.

I certify that the above is a true extract from the minutes 

of the Court of Appeals of Georgia.

Witness my signature and the seal of said court hereto 

affixed the day and year last above written.

, Clerk.

Court of Appeals 

of the State of Georgia

ATLANTA, May 11, 2021

The Court of Appeals hereby passes the following order

A21I0191. CARL MCNEIL v. THE STATE.

Upon consideration of the Application for Interlocutory Appeal, it is ordered that it be 

hereby GRANTED. The Appellant may file a Notice of Appeal within 10 days of the date of 

this order. The Clerk of Superior Court is directed to include a copy of this order in the record 

transmitted to the Court of Appeals.

LC NUMBERS:

2020R0030
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A, Plaintiff - Appe lle e , v. NOEL GALLAR

DO-M EDINA, a .k.a . Gusta vo C have z , a .k.a . Noe Ga llardoM e dina , a .k.a . Gordo, a .k.a . Noe , De fe nda

nt - Appe lla

nt. No. 15-50057

D.C . No. 2:12-c r-00566-M M M M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the C e ntra l Distric t of C a lifornia M argare t M . M orrow, Distric t Judge , Pre siding Subm itte d M arc h 15, 2016 ** B e fore : GOODW IN, LEAVY, a nd C HR ISTEN, C irc uit Judge s. Noe l Ga lla

rdo-M e dina a

ppe a ls from the distric t c o urt’ s judgm e nt a nd c ha lle nge s the 168-m onth se nte nc e im pose d following his guilty -ple a c onvic tion for c o nspira c y

to distribute

c oc a ine and m e tha

m phe tam ine , in viola

t ion of 21 

# FIL ED MAR 21 2016 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).U.S.C . §§ 841(b)(1)(A) a nd 846. W e have jurisdic t ion unde r 28 U.S.C . § 1291, and we a ffirm . Ga lla rdo-M e dina

c o nte nds tha

t the se nte nc e is substa

ntive ly unre a sona

ble in light of the

unduly ha rsh na t ure of the m e tha

m phe tam ine Guide line s a

n d the distric t c o urt’ s fa i lure to givesuffic ie nt we i ght to thene e d to a void unwa

rrante d se nte nc ing dispa

ritie s. The distric t c ourt did not a buse its disc re tion in im

posing Ga lla rdo-M e dina ’ s se nte nc e . Se e Gall v . Unite d State s, 552 U.S. 38, 51 (2007). The be low-Guide l ine s se nte nc e is substa ntive ly re a sona ble in light of the 18 U.S.C . § 3553(a ) se nte nc ing fa c tors a nd the tota lity

of the c irc um sta

nc e s, inc l uding the nature of the offe nse and the ne e d to a void unwa

rrante d se nte nc ing dispa

ritie s. Se e Gall , 552 U.S. a

t 51; Unite d State

s v . Gutie rre

z-Sanc he z , 587 F.3d 904, 908 (9th C ir. 2009) (“ The we ight to begive n the va rious fa c tors in a

pa rtic ula r c a se is for the d isc re tion of thedistric t c ourt.” ). AFFIRM E D.

1 5 - 5 0 0 5 7 2
#### § 1.9005-5 Terms; applicability of other laws.

All other terms which are not otherwise specifically defined shall have the same meaning as when used in the Internal Revenue Code of 1954 (or the corresponding provisions of prior law) except where otherwise distinctly expressed or manifestly intended to the contrary. Further, all provisions of law contained in the Code (or the corresponding provisions of prior law) shall apply to the extent that they can apply. Thus, all the provisions of subtitle F of the Code (and the corresponding provisions of prior law) shall apply to the extent they can apply, including the provisions of law relating to assessment, collection, credit or refund, and limitations. For purposes of this section and §§ 1.9005-1 to 1.9005-4, inclusive, the term “Act” means the Act of September 26, 1961 (Pub. L. 87-321, 75 Stat. 683).

(Sec. 2(f), 75 Stat. 683; 26 U.S.C. 613 note)

[T.D. 6583, 26 FR 12079, Dec. 16, 1961]
**Exhibit 31.1**

 

**CERTIFICATION**

 

I, John F. Clifford, certifythat:

 

1.               I have reviewedthis quarterly report on Form 10-Q of ProCyte Corporation;

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               The registrant’sother certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)                  Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;

 

b)                 Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)                  Disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               The registrant’sother certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or personsperforming the equivalent functions):

 

a)                  Allsignificant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)                 Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

 
| Date:  August 13, 2003 | By:    | /s/ John F.  Clifford                                      |
|-----------------------------|--------|------------------------------------------------------------|
|                        |   | John F.  Clifford, Chairman and CEO,   ProCyte Corporation |

 

----