alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
40583.

#### ELECTRICAL EQUIPMENT COMPANY v. DANIEL.

Decided March 17, 1964

Rehearing denied March 31, 1964.

*B. F. Duncan,*for plaintiff in error.

*Herbert Edmondson,*contra.

Jordan, Judge.

*Code Ann.*§ 23-1705 requires contractors entering into contracts with a “public board or body” of a county to give a performance bond and a payment bond “for the use and protection of all subcontractors and all persons supplying labor, materials, machinery and equipment in the prosecution of the work provided for in said contract.” When such required bonds are given by the general contractor (the premium cost of said bonds being passed on to said public body or agency) *Code*
      *464
      *Ann.*§ 23-1708 provides the manner in which persons entitled to such protection may proceed.

While *Code Ann.*§ 23-1705 conditions the validity of the contract upon the giving of the required bonds, *Code Ann.*§ 23-1706 clearly provides liability for loss resulting from such failure of the public body to take a payment bond by providing: “If such payment bond, together with affidavit when necessary, shall not be taken in manner and form as herein required, the corporation or body for which work is done under the contract, shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery or materials to the contractor or subcontractor thereunder, for any loss resulting to them from such failure.”

As aptly stated by the trial court in its order sustaining the general demurrer, “if the public body chooses to reduce its cost by omitting bond, its liability to a materialman under the statute seems clear.” The statutes clearly place the burden upon the contracting public body to see that such bonds are given, or else suffer the penalty of liability for “loss resulting . . . from such failure.”

However, as pointed out by this court in *Hackman v. Fulton County,*77 Ga. App. 410 (48 SE2d 706), before a person can recover from the county or public body for labor or materials furnished to such contractor or subcontractor doing work for such agency, he must show that the loss sued for resulted from the failure of the county or body to take from the contractor the bond required by law. In that case, a petition merely alleging a demand upon and refusal to pay by the contractor was insufficient to show loss resulting from such failure to take the required payment bond and was therefore dismissed on general demurrer.

The trial court did not err in sustaining the general demurrer of the defendant in this case, the county school district having failed to require the defendant to give a payment bond as required by statute.

*Judgment affirmed.*

*Bell, P. J., and Eberhardt, J., concur.*
§ 582.701 Penalties and Findings of Violation. ( a ) The penalties available under section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) (IEEPA), as adjusted annually pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note) or, in the case of criminal violations, as adjusted pursuant to 18 U.S.C. 3571, are applicable to violations of the provisions of this part.
( b ) OFAC has the authority, pursuant to IEEPA, to issue Pre-Penalty Notices, Penalty Notices, and Findings of Violation; impose monetary penalties; engage in settlement discussions and enter into settlements; refer matters to the United States Department of Justice for administrative collection; and, in appropriate circumstances, refer matters to appropriate law enforcement agencies for criminal investigation and/or prosecution. For more information, see appendix A to part 501 of this chapter, which provides a general framework for the enforcement of all economic sanctions programs administered by OFAC, including enforcement-related definitions, types of responses to apparent violations, general factors affecting administrative actions, civil penalties for failure to comply with a requirement to furnish information or keep records, and other general civil penalties information.
#### § 555.801 Procedures.

For license application procedures and procedures relating to amendments, modifications, or revocations of licenses; administrative decisions; rulemaking; and requests for documents pursuant to the Freedom of Information and Privacy Acts (5 U.S.C. 552 and 552a), see part 501, subpart E, of this chapter.
United States Court of Appeals

for the Fifth Circuit

No. 21-11218

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Ruben Gomez-Bastida, 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 2:20-CR-136-6

Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam:*

The attorney appointed to represent Ruben Gomez-Bastida has 

moved for leave to withdraw and has filed a brief in accordance with Anders 

v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 229 

(5th Cir. 2011). Gomez-Bastida has not filed a response. We have reviewed 

* Pursuant to 5th Circuit 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 21, 2022

Lyle W. Cayce

Clerk

Case: 21-11218 Document: 00516403015 Page: 1 Date Filed: 07/21/2022
No. 21-11218

2

counsel’s brief and the relevant portions of the record reflected therein. We 

concur with counsel’s assessment that the appeal presents no nonfrivolous 

issue for appellate review. Accordingly, counsel’s motion for leave to 

withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

Case: 21-11218 Document: 00516403015 Page: 2 Date Filed: 07/21/2022
www.gpo.gov

### §1775g. Effect of revocation of State Agreement

#### (a) In general

If, during the 15-year period beginning on the date on which the Secretary publishes a determination pursuant to section 1775b(b) of this title, the State Agreement is invalidated by a court of competent jurisdiction, or if the gaming compact described in section 1775b(a)(1) of this title or any agreement between the State of Connecticut and the Mohegan Tribe to implement the compact is invalidated by a court of competent jurisdiction—

(1) the transfers, waivers, releases, relinquishments, and other commitments made by the Mohegan Tribe under section 1(a) of the State Agreement shall cease to be of any force or effect;

(2) section 1775b of this title shall not apply to the lands or interests in lands or natural resources of the Mohegan Tribe or any of its members, and the title to the lands or interests in lands or natural resources shall be determined as if such section were never enacted; and

(3) the approval by the United States of prior transfers and the extinguishment of claims and aboriginal title of the Mohegan Tribe otherwise made under section 1775b of this title shall be void.

#### (b) Right of Mohegan Tribe to reinstate claim

#### (1) In general

If a State Agreement or compact or agreement described in subsection (a) of this section is invalidated by a court of competent jurisdiction, the Mohegan Tribe or its members shall have the right to reinstate a claim to lands or interests in lands or natural resources to which the Tribe or members are entitled as a result of the invalidation, within a reasonable time, but not later than the later of—

(A) 180 days after the Mohegan Tribe receives written notice of such determination of an invalidation described in subsection (a) of this section; or

(B) if the determination of the invalidation is subject to an appeal, 180 days after the court of last resort enters a judgment.

#### (2) Defenses

Notwithstanding any other provision of law, if a party to an action described in paragraph (1) reinstates the action during the period described in paragraph (1)(B)—

(A) no defense, such as laches, statute of limitations, law of the case, res judicata, or prior disposition may be asserted based on the withdrawal of the action and reinstatement of the action; and

(B) the substance of any discussions leading to the State Agreement may not be admissible in any subsequent litigation, except that, if any such action is reinstated, any defense that would have been available to the State of Connecticut at the time the action was withdrawn—

(i) may be asserted; and

(ii) is not waived by anything in the State Agreement or by subsequent events occurring between the withdrawal action and commencement of the reinstated action.

(Pub. L. 103–377, §9, Oct. 19, 1994, 108 Stat. 3506.)
#### § 569.509 Official business of the United States Government.

All transactions prohibited by this part that are for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof are authorized.

[87 FR 78478, Dec. 21, 2022]
HomeDeputy Secretary of State...Deputy Secretary of State__trashed  Releases

# Deputy Secretary of State Releases

499 items

        -    Readout  		Deputy Secretary Campbell’s Meeting with Bruneian Foreign Minister II Dato Erywan	  April 4, 2024 
        -    Readout  		Deputy Secretary Campbell’s Call with European External Action Service Secretary General Sannino	  April 3, 2024 
        -    Readout  		Deputy Secretary Campbell’s Call with Australian and New Zealand Counterparts	  April 3, 2024 
        -    Media Note  		Joint Statement on U.S.-Paraguay Bilateral Relationship	  March 27, 2024 
        -    Readout  		Deputy Secretary Campbell’s Call with People’s Republic of China Executive Vice Foreign Minister Ma Zhaoxu	  March 27, 2024 
        -    Readout  		Deputy Secretary Campbell’s Call with Canadian Deputy Foreign Minister Morrison	  March 27, 2024 
        -    Readout  		Deputy Secretary Campbell’s Meeting with Mongolian Prime Minister Oyun-Erdene	  March 25, 2024 
        -    Readout  		Deputy Secretary Campbell’s Meeting with Lithuanian Foreign Minister Landsbergis	  March 25, 2024 
        -    Readout  		Deputy Secretary Campbell’s Meeting with Japanese Vice Foreign Minister Okano and Philippine Undersecretary Lazaro	  March 21, 2024 
        -    Media Note  		Deputy Secretary Campbell’s Trip to Japan and Mongolia	  March 19, 2024 

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Editorial Note on Subchapter A of Chapter II
Editorial Note: Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

§ 225.7 Custodian duties and responsibilities. ( a ) *General.* A custodian shall authenticate instructions received from a bond official and shall act in accordance with such authenticated instructions. The custodian assumes no liability and is without liability of any kind for acting in accordance with such authenticated instructions, except for the custodian's failure to exercise ordinary care. By providing a bond secured by Government obligations in lieu of a bond with surety or sureties, an obligor agrees not to hold either the custodian or the Secretary liable or responsible for the actions or inactions of a bond official or for carrying out a bond official's authenticated instructions.
( b ) *Interest.* Absent authenticated instructions from the bond official to retain interest, interest received by the custodian on Government obligations pledged to the bond official's agency in accordance with this part will be remitted in the regular course of business to the obligor or to a depositary acting as agent or sub-agent for the obligor.
( c ) *Principal.* Absent authenticated instructions from the bond official to retain the proceeds of matured Government obligations, a custodian will release to the obligor proceeds from matured Government obligations only if the obligor has deposited Government obligations acceptable under 31 U.S.C. 9301, as amended, in substitution for those which have matured.
( d ) *Liquidation of Government obligations.* A custodian will collect, sell, assign, or transfer Government obligations, including any interest therefrom, only in accordance with a bond official's authenticated instructions.
( e ) *Application of proceeds of liquidated Government obligations.* A custodian will apply the proceeds from the collection, sale, assignment, or transfer of Government obligations only in accordance with a bond official's authenticated instructions.
#### § 561.325 Financial transaction.

The term *financial transaction* means any transfer of value involving a financial institution.
#### § 585.300 Applicability of definitions.

The definitions in this subpart apply throughout the entire part.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the Balance
Sheet and the Statements of Revenue and Expenses and is qualified in its
entirety by reference to such Report on Form 10-Q.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,744,712
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               9,660,987
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   9,339,557
<TOTAL-LIABILITY-AND-EQUITY>                 9,660,987
<SALES>                                              0
<TOTAL-REVENUES>                               135,601
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                17,426
<LOSS-PROVISION>                              (15,174)
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (363,190)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 560.508 Telecommunications and mail transactions authorized. ( a ) All transactions with respect to the receipt and transmission of telecommunications involving Iran are authorized. This section does not authorize the provision, sale, or lease to Iran, the Government of Iran, an Iranian financial institution, or any other person whose property and interests in property are blocked pursuant to § 560.211 of telecommunications equipment or technology; nor does it authorize the provision, sale, or leasing of capacity on telecommunications transmission facilities (such as satellite or terrestrial network connectivity). Note 1 to paragraph ( a
):
*See* § 560.540 for a general license authorizing the exportation, reexportation, or provision to Iran of certain services, software, and hardware incident to the exchange of communications.
( b ) Paragraph (a) of this section does not authorize any transaction by an entity owned or controlled by a United States person and established or maintained outside the United States otherwise prohibited by § 560.215 if the transaction would be prohibited by any other part of this chapter V if engaged in by a U.S. person or in the United States.
( c ) All transactions by U.S. persons, including payment and transfers to common carriers, incident to the receipt or transmission of mail between the United States and Iran are authorized, provided that mail is limited to personal communications not involving a transfer of anything of value. For purposes of this section, the term *mail* includes parcels only to the extent the parcels contain goods exempted from the prohibitions contained in this part or otherwise eligible for importation from or exportation to Iran under a general or specific license.
[77 FR 64666, Oct. 22, 2012, as amended at 77 FR 75848, Dec. 26, 2012; 89 FR 43312, May 17, 2024]
#### David L. OLDACK and Richard A. Baxter, Appellants, v. STATE of Florida, Appellee.

Nos. 74-358 to 74-365, 74-442 to 74-449.

District Court of Appeal of Florida, Second District.

Jan. 27, 1975.

Appeals dismissed.
§ 569.505 Entries in certain accounts for normal service charges. ( a ) A U.S. financial institution is authorized to debit any blocked account held at that financial institution in payment or reimbursement for normal service charges owed it by the owner of that blocked account.
( b ) As used in this section, the term *normal service charges* shall include charges in payment or reimbursement for interest due; cable, telegraph, internet, or telephone charges; postage costs; custody fees; small adjustment charges to correct bookkeeping errors; and, but not by way of limitation, minimum balance charges, notary and protest fees, and charges for reference books, photocopies, credit reports, transcripts of statements, registered mail, insurance, stationery and supplies, and other similar items.
### Proceedings of the Second U.S. Geological Survey workshop on the early Mesozoic basins of the Eastern United States

By: Gilpin R. Robinson Jr.Albert J. Froelich

                            https://doi.org/10.3133/cir946

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- NGMDB Index Page:  **National Geologic Map Database Index Page**                            (html)
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

No abstract available.

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
#### UNITED STATES of America, Plaintiff-Appellee, v. Luis MEJIA-HERNANDEZ, Defendant-Appellant.

No. 00-10114.

D.C. No. CR-99-00040-ECR/RAM.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 16, 2001*.

Decided Feb. 23, 2001.

*541Before ALARCÓN, KOZINSKI, and HAWKINS, Circuit Judges.

*

 The pane] finds this case appropriate for submission without oral argument pursuant to Fed. R.App. P. 34(a)(2).

MEMORANDUM **

The district court did not abuse its discretion when it imposed a consecutive sentence. Sentencing Guidelines § 5G1.3(c) allows sentencing courts to impose a consecutive sentence in order to achieve a reasonable punishment for the offense. In determining what punishment would be reasonable, the district court properly considered the factors set forth at 18 U.S.C. § 3553(a). *United States v. Kikuyama,*150 F.3d 1210, 1212 (9th Cir.1998).

There was no improper delay in arresting and charging Mejia-Hernandez. The federal government cannot charge a state prisoner with federal crimes until the state case against him has been resolved. 18 U.S.C. app. 2 § 2.

The district court’s discretionary decision not to depart downward based on a “delay” in bringing the federal charges is not reviewable on appeal. *United States v. Wetchie,*207 F.3d 632, 633 n. 1 (9th Cir.2000).

Mejia-Hernandez’s claims that he should have received downward departures for cultural assimilation and the “double-counting” of his prior federal conviction were waived when they were not presented in the district court. *United States v. Quesada,*972 F.2d 281, 283-84 (9th Cir.1992).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
#### § 536.319 Narcotic drug; controlled substance; listed chemical.

The terms *narcotic drug, controlled substance,* and *listed chemical* have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).

[86 FR 26665, May 17, 2021]
N OTE : This disposition is nonprecedential.


# United States **Court of Appeals**  **for the Federal Circuit**

______________________
CARTER D. MANSFIELD, Petitioner

v.

DEPARTMENT OF JUSTIC E, Respondent

______________________

2015

- 3007

______________________
Petition for review of the Merit Systems Protection Board in No. AT

- 0752

- 13

- 4111 -I- 1.

______________________

JUDGMENT

______________________

J OEL J. K IRKPATRICK , Joel J. Kirkpatrick, P.C., Ply mouth, MI, argued for petitioner.

M ELISSA M. D EVINE , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for respondent. Also represen ted by J OYCE R. B RANDA
, R OBERT E. K IRSCHMAN
, J R
., R EGINALD T. B LADES
, J R

.

______________________

T HIS C AUSE having been heard and considered, it isO RDERED and A DJUDGED :

P ER C URIAM (W ALLACH
, C LEVENGER
, and T ARANTO
, Circuit Judges ).

AFFIRMED

. See Fed. Cir. R. 36.

E NTERED BY O RDER OF THE C OURT

June 8, 2015 /s/ Daniel E. O’Toole Date Daniel E. O’Toole Clerk of Court