alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Den *against*Woodward and Allen.

APPLICATION FOR JURY OF VIEW.

iseTin action" g ejectment. Buie for (a)

THIS was one of several actions of ejectment on the same demise, for lands, lying in the township of *Warren,*jn the county of *Somerset,*which had been instituted against twenty-eight different defendants. It was *alleged,*that the causes depended much, upon certain lines, in very old surveys, which run the whole distance of the lands possessed by the defendants, and extended through the possessions of a number of persons against whom no claim had been made or suits brought: that a view of the whole lines would be necessary to enable the jury, to pass understandingly upon this case ; and that it was feared the sheriff would be resisted when he attempted to take the jury over lands not in dispute. It was therefore *137moved by Mr. *Scftt,*for plain*tiff, that a special rule be entered, authorizing the sheriff to take the jury of view, over any lands which might be deemed necessary and to run the lines which bounded the premises in dispute, from one end of said lines to the other, upon whose ever land the same might be.

This motion was resisted by *Ewing*and *F. Frelinghuysen,*for the defendants.

*Kirkpatrick,*C. J.

was in favour of the rule as applied for. Where ever there exists a doubt as to the true o boundaries of the premises in question, this court has a right to cause a full survey to be made, that justice may be done.

*Rossell*and *Southard,*J.

Were for granting only the common rule for a view. There was no evidence to satisfy them, that any resistance whatever would be made to the sheriff, while in the performance of his duty. They doubted also, the propriety of sending a sheriff, with his jury, over land not in dispute, to the injury perhaps of its owners. And if the special rule, prayed for, should be granted, it might add much to the expense, and it would be oppressive on the defendants, to compel them to bear a part of this expense, or refuse to join in a view, which, in the usual mode, they might think important to their interests.

(a)

*Den. Snyder*vs. *Van Natta, 2 Hal. 25.*

Rule in common form granted.
§ 417.570 Interim per capita payments. ( a ) *Principle of payment.* ( 1 ) CMS makes monthly advance payments equivalent to the HMO's or CMP's interim per capita rate for each beneficiary who is registered in CMS records as a Medicare enrollee of the HMO or CMP.
( 2 ) Additional lump-sum payments may be made at other times during the contract period, at CMS's discretion, to adjust the total amounts paid during the contract period to the level of incurred costs.
( b ) *Determination of rate.* The interim per capita rate of payment is equal to the estimated per capita cost of providing covered services to the HMO's or CMP's Medicare enrollees, based upon the types and components of costs that are reimbursable under this part. The interim per capita rate is determined annually by CMS on the basis of the HMO's or CMP's annual operating and enrollment forecast (as set forth in § 417.572) and may be revised during the contract period as explained in paragraphs (c) and (d) of this section.
( c ) *Adjustments of payments.* In order to maintain the interim payments at the level of current reasonable costs, CMS will adjust the interim per capita rate, to the extent necessary, on the basis of adequate data supplied by the HMO or CMP in its interim estimated cost and enrollment reports or on other evidence showing that the rate based on actual costs is more or less than the current rate. Adjustments may also be made if there is— ( 1 ) A change in the number of Medicare enrollees that affects the per capita rate;
( 2 ) A material variation from the costs estimated when the annual operating budget was prepared; or
( 3 ) A significant change in the use of covered services by the HMO's or CMP's Medicare enrollees.
( d ) *Reduction of interim payments.* If the HMO or CMP does not submit, on time, the reports and other data required to determine the proper amount of payment, CMS may reduce interim payments to the extent appropriate, or may take any other action authorized under this part. An interim payment reduction remains in effect until CMS can make a reasonable estimate of per capita costs.
[50 FR 1346, Jan. 10, 1985, as amended at 58 FR 38082, July 15, 1993]
<PAGE>

                                                                      Exhibit 23
                        CONSENT OF INDEPENDENT AUDITORS


     We hereby consent to the incorporation by reference in the Registration
Statements (No. 33-64705, 333-30511, 333-15725 and No. 33-60230) on Form S-3 and
(No. 333-24917 and No. 33-60232) on Form S-8 of Berger Holdings, Ltd. of our
report dated March 28, 2002 relating to the consolidated balance sheets of
Berger Holdings, Ltd. as of December 31, 2001 and 2000 and the related
consolidated statements of operations, stockholder's equity and cash flows and
related financial statement schedule for each of the years in the three year
period ended December 31, 2001, which report is incorporated by reference in the
December 31, 2001 Annual Report on Form 10-K of Berger Holdings, Ltd.

                                          /S/ KPMG LLP

Philadelphia, Pennsylvania
March 28, 2002
HomeNigeria

# Nigeria

203 items

        -    Media Note  		Assistant Secretary Pyatt’s Travel to Nigeria	  June 16, 2023 
        -    Report  		2023 Trafficking in Persons Report: Nigeria	  June 15, 2023 
        -    Department Press Briefing  		Department Press Briefing – June 6, 2023	  Vedant PatelJune 6, 2023 
        -    Department Press Briefing  		Department Press Briefing – May 23, 2023	  Matthew MillerMay 23, 2023 
        -    Department Press Briefing  		Department Press Briefing – May 18, 2023	  Vedant PatelMay 18, 2023 
        -    		Emmanuel Lukpata	  May 17, 2023 
        -    Press Statement  		Attack on U.S. Convoy in Nigeria	  Antony J. BlinkenMay 17, 2023 
        -    		Prince Ubong Sunday	  May 16, 2023 
        -    		Ekene Nweke	  May 16, 2023 
        -    		Friday Morgan	  May 16, 2023 

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* Pursuant to 5 TH C IR. 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 5 TH C IR

. R. 47.5.4.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-30143 Summary Calendar

STELLA MANION Plaintiff-Appellant v. MICHAEL J. ASTRUE, Commissioner of Social Security Defendant-Appellee

Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 2:05-CV-2123
Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM: * Stella Manion appeals a summary judgment for the Commissioner of the Social Security Administration’s denial of her claim for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-34. Manion does not challenge whether the Commissioner’s decision is supported by substantial evidence. Instead, she maintains the Administrative Law Judge (ALJ) did not properly develop the record and committed procedural errors by: United States Court of Appeals

Fifth Circuit 

### F I L E D October 3, 2007 Charles R. Fulbruge III ClerkNo. 07-30143

2 sending treating physicians follow-up interrogatories; and ordering a consultative examination from a non-treating physician. In applying for disabil ity insurance benefits, Manion claimed disability due to fibromyalgia, neuropathy, acid reflux, gall stones, and high blood pressure. After the Commissioner denied her application, Manion requested, and received, an administrative hearing. She submitted five medical assessments from her treating physicians to the ALJ for review. The ALJ then sent each treating physician a request for supporting documentation. In addition, the ALJ solicited a non-treating physician to perform a consultative examination upon Manion. The ALJ held: Manion was not under a “disability”, as defined in the Social Security Act; and she retained the residual functional capability to, inter alia, continue her past work as a beautician. The Appeals Council denied Manion’s request for review, leaving the ALJ’s decision to stand as the final decision of the Commissioner. Procedural perfection is not required in administrative proceedings; accordingly, we “will not vacate a judgment unl ess the substantial rights of a party have been affected”. Mays v. Bowen, 837 F.2d 1362, 1364 (5th Cir. 1988); see also Morris v. Bowen, 864 F.2d 333, 335 (5th Cir. 1988). Essentially f

or the reasons stated by the district court, summary judgment
was proper. An ALJ may contact a treating physician to obtain clarification of a previously submitted medical report. 20 C.F.R. § 404.1512(e). Additionally, when a consultative examination is ordered, it is not mandatory that it be performed by a treating physician. 20 C.F.R. § 404.1519h.No. 07-30143

3 The assertion that the ALJ did not properly develop the record was not raised in district court. Accordingly, it is waived. E .g., Leverette v. Louisville Ladder Co., 183 F.3d 339, 342 (5th Cir. 1999) (“This Court will not consider an issue that a party fails to raise in the district court absent extraordinary circumstances . . . .”). AFFIRMED.
#### STATE of Louisiana v. Charles LANE.

No. 80-K-1416.

Supreme Court of Louisiana.

June 24, 1980.

In re Charles Lane, applying for writs of certiorari, prohibition, mandamus and stay order. Jefferson Parish. No. 79-2841.

Denied.
Home2021 Certificates of Competency for Nominees to be Chiefs of Mission...Knapper, Marc Evans  – Socialist Republic of Vietnam -May 2021

# 									Knapper, Marc Evans  – Socialist Republic of Vietnam -May 2021							

Certificate of Competency

May 3, 2021

REPORT FOR THE COMMITTEE ON FOREIGN RELATIONS

UNITED STATES SENATE

SUBJECT: Ambassadorial Nomination: Certificate ofDemonstrated Competence — Foreign ServiceAct, Section 304(a)(4)

POST: Socialist Republic of Vietnam

CANDIDATE: Marc Evans Knapper

Marc Evans Knapper, a career member of the Senior Foreign Service, class of Minister-Counselor, currently serves as the Deputy Assistant Secretary for Japan and Korea in the Bureau of East Asian and Pacific Affairs of the Department of State. Before assuming that position, Mr. Knapper was the Chargé d’Affaires a.i. of the U.S. Embassy in Seoul, Korea, in 2017 and 2018, and prior to that he was the Embassy’s Deputy Chief of Mission. Earlier, Mr. Knapper was Director of the State Department’s Office of India Affairs and Director of the State Department’s Office of Japanese Affairs. Mr. Knapper has spent almost his entire career, spanning over 25 years, working on the policy issues of the East Asian region and studying its languages and culture. He speaks Vietnamese and for three years led the political section of the U.S. Embassy in Hanoi. This extensive and substantive experience in the region, coupled with his demonstrated ability to lead large interagency teams as well as policy-oriented offices, makes him an excellent candidate to be the U.S. Ambassador to the Socialist Republic of Vietnam.

Mr. Knapper’s other assignments include leadership positions in the U.S. Embassy in Baghdad, Iraq, and the U.S. Embassy in Tokyo, Japan. Earlier in his career, Mr. Knapper served in the Office of China and Mongolia Affairs in the State Department, and he also had two previous assignments in the U.S. Embassy in Seoul. He also served as Ambassador Walter Mondale’s Aide in the U.S. Embassy in Tokyo.

Mr. Knapper earned his B.A. from Princeton University and his M.A. from the Army War College in Carlisle, Pennsylvania. He also studied at the University of Tokyo prior to joining the Foreign Service. He is the recipient of numerous State Department awards, including the Secretary of State’s Distinguished Service Award and the Linguist of the Year Award. He has also received a Presidential Rank Award. His foreign languages are Japanese, Korean, and Vietnamese.

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Exhibit 32.2



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

AS ADOPTED PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



I, Diane L. Kelleher, state and attest that:



(1) I am the Chief Financial Officer of AmericanWest Bancorporation (the
Registrant).



(2) I hereby certify, pursuant to 18 U.S. C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that



| |  |  | Amendment No. 3 to Quarterly Report on Form 10-Q of the Registrant for the period ended March 31, 2005 (the periodic report) containing financial statements fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78 o(d)); and
| | - |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |  | the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of the Registrant for the periods
presented.
| | - |  | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|       |  |                                                     
|------ |  | ----------------------------------------------------
|       | 
|Name:  |  | /s/ Diane L. Kelleher                               
|Title: |  | Executive Vice President and Chief Financial Officer
|Date:  |  | August 8, 2005
#### William T. IRWIN, Appellant, v. Kathleen N. IRWIN, Appellee.

Nos. 80-606, 80-1308.

District Court of Appeal of Florida, Fourth District.

Sept. 2, 1981.

*1354Allan M. Lerner, of Beyer & Lerner, P.A., Fort Lauderdale, for appellant.

S. Robert Zimmerman, Pompano Beach, and Harry M. Hipler, of Walden & Walden, Dania, for appellee.

PER CURIAM.

These are consolidated interlocutory appeals relating to an order on temporary attorneys’ fees entered March 26, 1980, and an order on temporary support entered July 8, 1980. The basic question on the issue of temporary support is whether sufficient evidence was present in the record of the wife’s need and the husband’s ability to pay $2,500 per month on a temporary basis. In addition, the wife had been given custody of the parties’ minor children and use and occupancy of the parties’ marital home.

The trial court referred the matter to a master who conducted three separate hearings. The parties engaged in bitter battles regarding financial discovery and voluminous evidence was submitted. Under all the circumstances, we conclude that there has been no showing of an abuse of discretion by the trial court and the temporary support order is thus affirmed.

We also affirm the order on temporary attorney’s fees of $10,000. Although the procedure on assessment of the fees is questionable, there was no proper objection thereto. The argument on appeal is that there was no evidence of reasonableness of the fee in accordance with *Tanner v. Tanner,*391 So.2d 305 (Fla. 4th DCA 1980). There was no objection on this point, and in fact the record shows counsel’s acquiescence to the amount of the fee.

AFFIRMED.

DOWNEY, ANSTEAD, and BERANEK, *33.,*concur.
HomeOffice of the SpokespersonPress Releases...Estonian National Day

# 									Estonian National Day							

Press Statement

Antony J. Blinken, Secretary of State

February 24, 2021

On behalf of the Government of the United States of America, I send congratulations to the people of Estonia as you celebrate the 103rd anniversary of your independence.

The United States and Estonia share a strong commitment to global security, economic opportunity, and democratic values.  As NATO Allies, we are working proudly together to further adapt NATO to meet today’s security challenges.  As members of the United Nations Security Council, we are promoting human rights and the rule of law and taking steps to address the global climate crisis.  We value our partnership to bolster defense capabilities, trade and investment, and people-to-people connections, as well as Estonia’s contributions to a strong U.S.-EU relationship.

Best wishes to the people of Estonia on this special day.  I look forward to continuing our close relationship.

 

Tags

Bureau of European and Eurasian AffairsEstoniaOffice of the SpokespersonThe Secretary of State

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#### In the Matter of the Application of the Trustees of The Importers and Grocers’ Exchange of New York for a Voluntary Dissolution. Henry F. Hitch *et*al., Appellants. Henry E. Hawley *et*al., Respondents.

(Decided December 19th, 1889.)

An allowance for expenses of unsuccessful objecting members of a corporation in the proceedings for a dissolution may be made out of funds in the hands of the receiver. The propriety of making such -allowance may be determined by the court, upon settlement of- the final order of dissolution; a reference is not necessary.

Appeal from an order of this court appointing a referee to take proof and report what allowance should be made to attorneys for objectors on the denial of an application for the voluntary dissolution of a corporation under sections 2419— 2481 of the Code.

*John Proctor*Clarke, for appellants.

*Frank E.*Blackwell, for respondents.

J. F. Daly, J.

As we have reversed the order denying the application for a dissolution of the corporation, we might simply reverse the order now appealed from without passing upon the question whether, in a proceeding under sections 2419—2431 of the Code, the court has power to make an allowance beyond a sum equal to statutory costs in actions. As the question must arise, however, upon the entry of the final order for'dissolution, it is proper to determine it now. As against one party to this proceeding in favor of the other party, we could allow only taxable costs as in an action, this being a special proceeding ; but upon the appointment of a receiver upon dissolution of the corporation, the court is authorized to provide for the expenses of the proceeding out of the fund which will come into the receiver’s hands. It has been held *420;that the unsuccessful trustees who have opposed a proceeding to dissolve a corporation, under the conviction that it was solvent and had a right to conduct its own business, and who had probable cause and reasonable ground for their opposition, Avere justified, as trustees for all parties interested, in retaining counsel to protect the corporate existence and to repel the attack which they regarded as unfounded, and that such reasonable expenses as they incurred for those purposes might be allowed to them, it being entirely in the discretion of the court in administering the fund to determine what, if any, should be a reasonable sum to be alloAved; alloAvances for the purpose being within the province of the court holding the fund *(Barnes*v. *IFewcombe,*89 N. Y. 108). There seems to be therefore no question of authority to make, to the prevailing as well as the objecting party, in a proper case, an allowance in these proceedings. I think the propriety of an alloAvance and the amount might be determined by the court, without a reference, upon settlement of the final order.

The order appealed from must be reversed.

Yak Hoesen and Bookstaver, JJ., concurred.

Order reversed.
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
This schedule contains summary financial information extracted from the
EnergyNorth, Inc. condensed consolidated balance sheet as of September 30,
1999 and condensed consolidated statement of income and statement of cash
flows for the twelve months ended September 30, 1999 and qualified in its
entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               SEP-30-1999
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      113,730<F1>
<OTHER-PROPERTY-AND-INVEST>                      8,049<F2>
<TOTAL-CURRENT-ASSETS>                          28,420
<TOTAL-DEFERRED-CHARGES>                        16,267
<OTHER-ASSETS>                                   1,859
<TOTAL-ASSETS>                                 168,325
<COMMON>                                         3,320
<CAPITAL-SURPLUS-PAID-IN>                       32,506
<RETAINED-EARNINGS>                             15,117
<TOTAL-COMMON-STOCKHOLDERS-EQ>                  50,943
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                            45,679
<SHORT-TERM-NOTES>                              15,278
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                      791
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  55,634
<TOT-CAPITALIZATION-AND-LIAB>                  168,325
<GROSS-OPERATING-REVENUE>                      119,172
<INCOME-TAX-EXPENSE>                             3,222
<OTHER-OPERATING-EXPENSES>                     106,329
<TOTAL-OPERATING-EXPENSES>                     109,551
<OPERATING-INCOME-LOSS>                          9,621
<OTHER-INCOME-NET>                               (128)
<INCOME-BEFORE-INTEREST-EXPEN>                   9,493
<TOTAL-INTEREST-EXPENSE>                         4,956
<NET-INCOME>                                     4,537
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                    4,537
<COMMON-STOCK-DIVIDENDS>                         4,548
<TOTAL-INTEREST-ON-BONDS>                        3,569
<CASH-FLOW-OPERATIONS>                           6,952
<EPS-BASIC>                                      $1.37
<EPS-DILUTED>                                    $1.36
<FN>
<F1>Net of accumulated depreciation of $56,126
<F2>Net of accumulated depreciation of $11,213
</FN>


</TABLE>
# Turkmenistan

69 items

        -    Report  		2019 Report on International Religious Freedom: Turkmenistan	  June 10, 2020 
        -    Report  		2019 Country Reports on Human Rights Practices: Turkmenistan	  March 11, 2020 
        -    Report  		Turkmenistan	  July 11, 2019 
        -    Report  		Turkmenistan	  June 21, 2019 
        -    Report  		Turkmenistan	  June 20, 2019 
        -    		Turkmenistan	  April 23, 2019 
        -    Report  		Turkmenistan	  March 13, 2019 
        -    		Bureau of International Narcotics and Law Enforcement Affairs: Turkmenistan Summary	   
        -    Report  		Turkmenistan	  July 19, 2018 
        -    Report  		Turkmenistan	  June 28, 2018 

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