alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Richard L. MURILLO, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

No. 99-16942.

D.C. No. CV-97-20718-SW.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 14, 2001.*

Decided Feb. 23, 2001.

Before ALARCÓN, KOZINSKI, and HAWKINS, Circuit Judges.

*

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

*531MEMORANDUM **

The Administrative Law Judge’s (ALJ’s) determination that Murillo can perform at least his past relevant sedentary work as an electronics assembler is supported by substantial evidence. *Lester v. Chater,*81 F.3d 821, 834 (9th Cir.1995) (where there is affirmative evidence of malingering, subjective pain complaints may be rejected based on substantial evidence). While it is true that “[a] man who cannot walk, stand or sit for over one hour without pain does not have the capacity to do most jobs available in the national economy,” *Delgado v. Heckler,*722 F.2d 570, 574 (9th Cir.1983), the ALJ determined that Murillo is not so physically limited.

The ALJ properly considered all of the medical factors that could reduce Murillo’s work capacity, including subjective pain evidence. *Erickson v. Shalala,*9 F.3d 813, 817-18 (9th Cir.1993). It was within the ALJ’s discretion to use ordinary methods of credibility determination in deciding that Murillo’s subjective pain claims were not credible. *Fair v. Bowen,*885 F.2d 597, 604 n. 5 (9th Cir.1989). Here, Murillo’s treating physicians noted the possibility of malingering and secondary gain and released Murillo to vocational rehabilitation. Murillo passed the physical exams given by his doctors, who concluded that the degeneration in his lower back did not justify any restrictions on his physical activity. Additionally, Murillo was prescribed only mild medication and, by his own testimony, engaged in considerable daily activity, including light housework and driving. These facts constitute substantial evidence in support of the ALJ’s determination that Murillo is able to perform, at the very least, sedentary work.

The ALJ’s determination that Murillo can perform his past relevant work as an electronics assembler is also not erroneous. Though Murillo now claims that this past relevant work was not sedentary, he so described the job to the ALJ. The ALJ may accept a claimant’s description of his past work. *Sample v. Schweiker,*694 F.2d 639, 642 (9th Cir.1982). Thus, the ALJ’s determination that Murillo, even if limited to sedentary work, could return to his past relevant work as an electronics assembler is supported by substantial evidence and not erroneous.

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.
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44894-44895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20936]


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

DEPARTMENT OF STATE

[Public Notice 6745]


Culturally Significant Object Imported for Exhibition 
Determinations: ``American Stories: Paintings of Everyday Life, 1765-
1915''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 
of October 19, 1999, as amended, and Delegation of Authority No. 257 of 
April 15, 2003 [68 FR 19875], I hereby determine that the object in the 
exhibition: ``American Stories: Paintings of Everyday Life, 1765-
1915,'' imported from abroad for temporary exhibition within the United 
States, is of cultural significance. The object is imported pursuant to 
a loan agreement with the foreign owner or custodian. I also determine 
that the exhibition or display of the exhibit object at the 
Metropolitan Museum of Art, New York, NY, from on or about October 5, 
2009, until on or about January 24, 2010, and at possible additional 
exhibitions or venues yet to be determined, is in the national 
interest. Public Notice of these Determinations is ordered to be 
published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit object, contact Julie Simpson, Attorney-Adviser, 
Office of the Legal Adviser, U.S. Department of State (telephone: 202-
632-6467). The

[[Page 44895]]

address is U.S. Department of State, L/PD, SA-5, 2200 C Street, NW., 
Suite 5H03, Washington, DC 20522-0505.

    Dated: August 25, 2009.
Maura M. Pally,
Deputy Assistant Secretary for Professional and Cultural Exchanges, 
Bureau of Educational and Cultural Affairs, Department of State.
[FR Doc. E9-20936 Filed 8-28-09; 8:45 am]
BILLING CODE 4710-05-P
CUANESPARKS 

CHEVROLET 

April3, 2013 

To Whom it May Concern: 

~L '.J \,) 

519 W BROADWAY 

LEWISTOWN, UT !59457 

406·535·3455 

SOO•S23·332E5 

WWW.SPARKSCHEVV.COM 

My understanding is that we may be losing air service funding for our Lewistown Airport due to non~passenger 

use. I have Sparks Rent-A-Car with my Chevrolet Dealership. Since, Silver Airways took over my rental 

business has dropped 80%. This means that motels, gas stations and other businesses have dropped also. 

The big reason the number of passengers has dropped is because Great Lakes had flights from Denver to 

Lewistown. The business people would fly in, rent a car and motel rooms, buy gas, eat, and then cotU.d fly out 

the next evening. I use to fly to Denver a lot when we had Great Lakes because of great connections and didn't 

take that long to get there. Now I don't fly because I don't like sitting in the Billings airport waiting around, so 

I quit Flying. 

If we lose our airline, our town will dry up even more. Look at what happened when we lost our rail road it 

really hurt Lewistown. But, I guess if we lose our air service we can have more jogging paths. Lewistown will 

dry up more. 

We need Denver flights from here with maybe a stop in Wyoming. Please look into getting Great Lakes back 

so we can have good service plus be able to go to Denver. By doing this we can have business people, hunters, 

tourists, and families coming to see family members. 

Thank you for your time and if anyone wants to call me they can at 406,..350-2899. 

DUANE !iPARK!i I 

Duane D. Sparks 

www.sparkschevy.com 

CHEVROLET 406-535-3455 

Duane Sparks- Owner Cell: 406-350-2899 

f 

f 

,. 

'r
§ 510.518 Calling of certain vessels and landing of certain aircraft. ( a ) Vessels and aircraft in which a foreign person has an interest that have called or landed at a port or place in North Korea within the previous 180 days, and vessels in which a foreign person has an interest that have engaged in a ship-to-ship transfer with such a vessel within the previous 180 days, are authorized to call or land at a port or place in the United States in the following circumstances only: ( 1 ) The vessel is in distress and seeks refuge in the United States;
( 2 ) The vessel's call at a port in North Korea was due solely to its distress and the resulting need to seek refuge;
( 3 ) The aircraft is engaging in a nontraffic stop or an emergency landing in the United States; or
( 4 ) The aircraft's landing in North Korea was due solely to an emergency landing.
( b ) For purposes of this section, a *nontraffic stop* includes a stop for any purpose other than taking on or discharging cargo, passengers, or mail.
<TABLE> <S> <C>

<ARTICLE>                          5
<CIK>                              0000725261  
<NAME>                             DYCO OIL & GAS PROGRAM 1984-1 LIMITED PTRSHP
                                    
<S>                                <C>
<PERIOD-TYPE>                      3-MOS
<FISCAL-YEAR-END>                  DEC-31-1998
<PERIOD-START>                     JAN-01-1998
<PERIOD-END>                       MAR-31-1998
<CASH>                                 99,222
<SECURITIES>                                0
<RECEIVABLES>                          78,599
<ALLOWANCES>                                0
<INVENTORY>                                 0
<CURRENT-ASSETS>                      177,821
<PP&E>                             30,209,864
<DEPRECIATION>                     29,929,884
<TOTAL-ASSETS>                        541,318
<CURRENT-LIABILITIES>                  49,302
<BONDS>                                     0
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<COMMON>                                    0
<OTHER-SE>                            449,307
<TOTAL-LIABILITY-AND-EQUITY>          541,318
<SALES>                               133,552
<TOTAL-REVENUES>                      135,341
<CGS>                                       0
<TOTAL-COSTS>                          75,385
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                          0
<INCOME-PRETAX>                        59,956
<INCOME-TAX>                                0
<INCOME-CONTINUING>                    59,956
<DISCONTINUED>                              0
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                           59,956
<EPS-PRIMARY>                           10.79
<EPS-DILUTED>                               0
        
 

</TABLE>
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2717 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 2717

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
    coastwise trade and on the Great Lakes and their tributary and 
 connecting waters in trade with Canada for the vessel THE SUMMER WIND.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 1995

   Miss Collins of Michigan introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
    coastwise trade and on the Great Lakes and their tributary and 
 connecting waters in trade with Canada for the vessel THE SUMMER WIND.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the 
Act of June 19, 1886 (46 App. U.S.C. 289), and sections 12106 and 12107 
of title 46, United States Code, the Secretary of Transportation may 
issue a certificate of documentation with appropriate endorsement for 
employment in the coastwise trade and on the Great Lakes and their 
tributary and connecting waters in trade with Canada for the vessel THE 
SUMMER WIND (United States official number 905819).
                                 <all>
```
#### § 547.411 Entities owned by one or more persons whose property and interests in property are blocked.

Persons whose property and interests in property are blocked pursuant to § 547.201(a) have an interest in all property and interests in property of an entity in which such persons directly or indirectly own, whether individually or in the aggregate, a 50 percent or greater interest. The property and interests in property of such an entity, therefore, are blocked, and such an entity is a person whose property and interests in property are blocked pursuant to § 547.201(a), regardless of whether the name of the entity is incorporated into OFAC's Specially Designated Nationals and Blocked Persons List (SDN List).
#### § 569.901 Paperwork Reduction Act notice.

For approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) of information collections relating to recordkeeping and reporting requirements, licensing procedures, and other procedures, see § 501.901 of this chapter. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from the financial
statements of HealthWatch, Inc. for the three-month period ended September 30,
1998 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000725627
<NAME> HEALTHWATCH, INC.
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          88,661
<SECURITIES>                                   430,872
<RECEIVABLES>                                  245,443
<ALLOWANCES>                                    23,675
<INVENTORY>                                    371,514
<CURRENT-ASSETS>                               737,601
<PP&E>                                         633,979
<DEPRECIATION>                                 606,880
<TOTAL-ASSETS>                               1,969,939
<CURRENT-LIABILITIES>                        1,512,023
<BONDS>                                        530,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     11,450
<COMMON>                                        29,091
<OTHER-SE>                                     417,375
<TOTAL-LIABILITY-AND-EQUITY>                 1,969,939
<SALES>                                        365,609
<TOTAL-REVENUES>                               365,609
<CGS>                                          266,573
<TOTAL-COSTS>                                  266,573
<OTHER-EXPENSES>                               783,574
<LOSS-PROVISION>                                 3,091
<INTEREST-EXPENSE>                              16,596
<INCOME-PRETAX>                              (684,538)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (333,986)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (684,538)
<EPS-PRIMARY>                                    (.25)
<EPS-DILUTED>                                    (.25)
        

</TABLE>
#### Aaron J. Fortner v. Air Conditioning Training Co. Inc., et al

5-4758

435 S.W. 2d 784

Opinion Delivered December 23, 1968

[Rehearing denied January 27, 1969.]

*874
      *Charles L. Carpenter*and *William G. Fleming*for appellant.

*Wayne Foster*for appellees.

Paul Ward, Justice.

This is an appeal from a chancery decree refusing to enjoin the enforcement of an execution issued by a municipal court.

On October 27, 1961, Air Conditioning’ Training Co. Inc. (appellee) filed a suit in the Little Rock Municipal Court seeking a judgment for $300 against Aaron J. Fortner (appellant). On November 7, 1961, appellant filed a demurrer. The municipal judge overruled the demurrer, and entered a default judgment against appellant in the amount prayed for plus court costs. On or about March 1,1966, the Clerk of the Municipal Court issued a Writ of Execution on the judgment and placed it in the hands of the sheriff for service on appellant.

On March 25, 1966, appellant filed a Complaint in the Pulaski County Chancery Court, First Div. asking that court to enjoin the sheriff and appellee from further attempting to enforce the Municipal Court judgment “until such time as the issues are joined by proper pleadings and a trial is held”.

After a hearing, on stipulated facts, the chancellor dismissed appellant’s cause of action, holding that appellant “should pursue his appellate remedies before taking further action ...” This appeal follows.

Under the record and stipulated facts in this case we hold that the trial court was correct in dismissing appellant’s complaint.

*875As stipulated by the parties, there appears (Tr. p. 23 Ex. 4) a “Petition” by appellant asking the Municipal court to set aside the judgment for $300 entered on March 5, 1962, which stated that appellant had no notice of the hearing and did not know a judgment had been rendered until March of 1965. Said Petition asked that the judgment be set aside and be declared void. In regard to said Ex. 4 the parties stipulated: The jacket in the case has on it “Petition, 7/7/65 by atty-defendant” and on the back side there is this notation “Petition to set aside judgment denied, Q. G-., 12-1-65”.

Appellant followed the proper procedure to set aside the original judgment rendered on March 5, 1962, as is provided in Ark. Stat. Ann. § 29-506 et seq. (Repl. 1962), but the mistake appellant made was in failing to appeal from the order of December 1, 1965, denying his petition.

In the case of *North Little Rock Transportation Co.*v. *Songster,*210 Ark. 294, 195 S.W. 2d 549, the facts were very similar to those in this case. There, among other things this Court said:

> “We think appellees, petitioners, lost their right of appeal through their own inattention, and are seeking to use the writ as a substitute for appeal . . .”

It is our opinion, therefore, that appellant cannot substitute this action in chancery court for the right which he had to appeal from the Municipal Court order.

Affirmed.
## In **T he**  **Court of Appeals Seventh District of Texas at Amarillo**  No. 07 - 22 - 00317 - CV MORDECAI NYACHIEO KOAKA , A PPELLANT V. HARMONY APARTMENTS , APPELLEE On Appeal from the County Court at Law No . 1 Tarrant County, Texas Trial Court No . 2022 - 004405 - 1 , Honorable Don Pierson , Presiding 

### March 8 , 2023 MEMORANDUM OPINION Before QUINN, C.J., and DOSS and YARBROUGH , JJ. Appellant, Mordecai Nyachieo Koaka , proceeding pro se, appeal s from the trial court’s judgment. 1 Koaka ’s brief was due January 30, 2023 , but was not filed. By letter of February 6 , 2023 , we notified Koaka that the appeal was subject to dismissal for want

1 Originally appealed to the Second Court of Appeals, this appeal was transferred to this Court by the Texas Supreme Court pursuant to its docket equalization efforts. See T EX . G OV ’ T C ODE A NN . § 73.001.2 of prosecution, without further notice, if a brief was not received by February 16
. To date, Koaka ha s n either filed a brief nor had any further communication with this Court
. Accordingly, we dismiss th is appeal for want of prosecution. See T EX . R. A PP . P
. 38.8(a)(1), 42.3(b).
Per Curiam
§ 582.307 Licenses; general and specific. ( a ) Except as otherwise provided in this part, the term *license* means any license or authorization contained in or issued pursuant to this part.
( b ) The term *general license* means any license or authorization the terms of which are set forth in subpart E of this part or made available on OFAC's website: *www.treasury.gov/ofac .*
( c ) The term *specific license* means any license or authorization issued pursuant to this part but not set forth in subpart E of this part or made available on OFAC's website: *www.treasury.gov/ofac .*
Note 1 to § 582.307 :
*See* § 501.801 of this chapter on licensing procedures.
#### § 587.315 U.S. financial institution.

The term *U.S. financial institution* means any U.S. entity (including its foreign branches) that is engaged in the business of accepting deposits, making, granting, transferring, holding, or brokering loans or credits, or purchasing or selling foreign exchange, securities, futures or options, or procuring purchasers and sellers thereof, as principal or agent. It includes depository institutions, banks, savings banks, money services businesses, operators of credit card systems, trust companies, insurance companies, securities brokers and dealers, futures and options brokers and dealers, forward contract and foreign exchange merchants, securities and commodities exchanges, clearing corporations, investment companies, employee benefit plans, dealers in precious metals, stones, or jewels, and U.S. holding companies, U.S. affiliates, or U.S. subsidiaries of any of the foregoing. This term includes those branches, offices, and agencies of foreign financial institutions that are located in the United States, but not such institutions' foreign branches, offices, or agencies.
§ 901.8 Collection in installments. ( a ) Whenever feasible, agencies shall collect the total amount of a debt in one lump sum. If a debtor is financially unable to pay a debt in one lump sum, agencies may accept payment in regular installments. Agencies should obtain financial statements from debtors who represent that they are unable to pay in one lump sum and independently verify such representations whenever possible (see § 902.2(g) of this chapter). Agencies that agree to accept payments in regular installments should obtain a legally enforceable written agreement from the debtor that specifies all of the terms of the arrangement and that contains a provision accelerating the debt in the event of default.
( b ) The size and frequency of installment payments should bear a reasonable relation to the size of the debt and the debtor's ability to pay. If possible, the installment payments should be sufficient in size and frequency to liquidate the debt in three years or less.
( c ) Security for deferred payments should be obtained in appropriate cases. Agencies may accept installment payments notwithstanding the refusal of the debtor to execute a written agreement or to give security, at the agency's option.
Exhibit 32.2

                          PFO CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350

In  connection  with the  Quarterly  Report of  Emclaire  Financial  Corp.  (the
Corporation) on Form 10-Q for the period ending September 30, 2005 as filed with
the Securities and Exchange  Commission on the date here (the Report), I, Shelly
L. Rhoades,  Principal  Financial  and  Accounting  Officer of the  Corporation,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, that:

     (1)  The Report fully  complies with the  requirements  of section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
          material respects, the financial condition and result of operations of
          the Corporation.


/s/  Shelly L. Rhoades
----------------------

Shelly L. Rhoades
Treasurer
Principal Financial and Accounting Officer


November 14, 2005