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UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-1403

EVERTON ANTHONY SURGEON, 

 Petitioner - Appellant, 

 v. 

MICHAEL B. MUKASEY, Attorney General, 

 Respondent - Appellee. 

On Petition for Review of an Order of the Board of Immigration 

Appeals.

Submitted: November 12, 2008 Decided: December 22, 2008 

Before MICHAEL, TRAXLER, and SHEDD, Circuit Judges. 

Petition denied by unpublished per curiam opinion. 

Linda A. Dominguez, L.A. DOMINGUEZ LAW, LLC, Baltimore, 

Maryland, for Appellant. Gregory G. Katsas, Assistant Attorney 

General, William C. Peachey, Assistant Director, Brianne Whelan 

Cohen, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for 

Respondent.

Unpublished opinions are not binding precedent in this circuit. 
2 

PER CURIAM: 

 Everton Anthony Surgeon, a native and citizen of 

Jamaica, seeks review of an order of the Board of Immigration 

Appeals (Board) denying his motions to reopen and reconsider. 

We have reviewed the administrative record and Surgeon’s claims 

and find that the claims are without merit. See Afanwi v. 

Mukasey, 526 F.3d 788 (4th Cir. 2008) (holding that there is no 

constitutional right under the Fifth Amendment to effective 

assistance of counsel in removal proceedings). We accordingly 

deny the petition for review for the reasons stated by the 

Board. See In re: Surgeon (B.I.A. Mar. 18, 2008). We dispense 

with oral argument because the facts and legal contentions are 

adequately presented in the materials before the court and 

argument would not aid the decisional process. 

PETITION DENIED
#### STOTTER et v BAUER et

Ohio Appeals, 8th Dist Cuyahoga Co

No. 9555.

Decided Nov. 19, 1928.

John A. Cline and Frank A. Silverman, Cleveland, for Stotter, et.

Sol Edgert, Cleveland, for Bauer, et.

PER CURIAM

It is not correct, as the trial court stated, that the effect of Sec. 11713 GC. is to make the sureties secondarily liable. It is merely designed as an equitable measure for the protection of a surety and to require that execution be first issued against the principal debtor and that such property taken on execution against the principal debtor be first exhausted before any of the property of the sureties be taken.

We conceive the law to be that the surety is primarily liable with the maker of the note. That execution may be issued against both the maker and the surety but under the provision of Sec. 11713 GC. it is renuired that the property of the principal debtor be first exhausted before resort be had to the property of the surety.

No particular harm can result to the holder of the note because if it be found that the property of the principal debtor is not sufficient to satisfy the judgment, resort can be had to the property of the surety.

A careful perusal of the record leads us to the conclusion that the greater weight of the evidence sustains the theory of the plaintiff in error to the effect that they were merely accommodation makers and that Sandor Klinger and Emily Klinger were the principal debtors.

The entire course of dealing between the parties, the use which was made of the $2000.00 advanced by Bauer to Klinger and which Klinger claims to have secured for and in behalf of Oscar and Birdie Stotter, so strengthens the position of plaintiffs in error as to make it almost a compelling conclusion that Sandor and Emily Klinger were the principal makers and that Oscar and Birdie Stotter signed merely as accommodation makers.

*72The judgment of the Municipal Court will therefore be reversed as manifestly against the weight of the evidence and as contrary to law. Cause remanded for further proceedings according to law.

Sullivan P J, Vickery and Levine JJ, concur.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 1999 AND THE CONSOLIDATED
STATEMENT OF OPERATIONS FOR THE SIX MONTHS ENDED JUNE 30, 1999 AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>   1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          38,164
<SECURITIES>                                     2,880
<RECEIVABLES>                                   17,482
<ALLOWANCES>                                     (492)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                59,841
<PP&E>                                           8,638
<DEPRECIATION>                                 (4,965)
<TOTAL-ASSETS>                                 172,829
<CURRENT-LIABILITIES>                           41,427
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            61
<OTHER-SE>                                      65,294
<TOTAL-LIABILITY-AND-EQUITY>                   172,829
<SALES>                                              0
<TOTAL-REVENUES>                               117,685
<CGS>                                                0
<TOTAL-COSTS>                                  122,962
<OTHER-EXPENSES>                               (1,563)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (155)
<INCOME-PRETAX>                                (4,435)
<INCOME-TAX>                                   (1,376)
<INCOME-CONTINUING>                            (3,059)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,063)
<EPS-BASIC>                                          0<F1>
<EPS-DILUTED>                                        0<F1>
<FN>
<F1>THE COMPANY DOES NOT BELIEVE THAT HISTORICAL EARNINGS PER SHARE FOR THE PARTIAL
12-DAY PERIOD FROM JUNE 18, 1999 THROUGH JUNE 30, 1999 IS MEANINGFUL. PRO FORMA
BASIC AND DILUTED EARNINGS PER SHARE FOR THE SIX-MONTH PERIOD ENDED JUNE 30, 1999
IS $(0.31).
</FN>


</TABLE>
§ 1630.12 Retaliation and coercion. ( a ) *Retaliation.* It is unlawful to discriminate against any individual because that individual has opposed any act or practice made unlawful by this part or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this part.
( b ) *Coercion, interference or intimidation.* It is unlawful to coerce, intimidate, threaten, harass or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by this part.
#### § 1620.8 “Employer,” “employee,” and “employ” defined.

The words “employer,” “employee,” and “employ” as used in the EPA are defined in the FLSA. Economic reality rather than technical concepts determines whether there is employment within the meaning of the EPA. The common law test based upon the power to control the manner of performance is not applicable to the determination of whether an employment relationship subject to the EPA exists. An “employer,” as defined in section 3(d) of the FLSA, means “any person acting directly or indirectly in the interest of an employer in relation to an employee” and includes a “public agency,” as defined in section 3(x). An “employee,” as defined in section 3(e) of the FLSA, “means any individual employed by an employer.” “Employ,” as used in the EPA, is defined in section 3(g) of the FLSA to include “to suffer or permit to work.” Two or more employers may be both jointly or severally responsible for compliance with the statutory requirements applicable to employment of a particular employee.
116TH CONGRESS 

1ST SESSION S. 46 

AN ACT 

To repeal the Klamath Tribe Judgment Fund Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

†S 46 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Klamath Tribe Judg3 ment Fund Repeal Act’’. 

4 SEC. 2. REPEAL. 

5 Public Law 89–224 (commonly known as the ‘‘Klam6 ath Tribe Judgment Fund Act’’) (79 Stat. 897) is re7 pealed. 

8 SEC. 3. DISBURSEMENT OF REMAINING FUNDS. 

9 Notwithstanding any provision of Public Law 89–224 

10 (79 Stat. 897) (as in effect on the day before the date 

11 of enactment of this Act) relating to the distribution or 

12 use of funds, as soon as practicable after the date of enact13 ment of this Act, the Secretary of the Interior shall dis14 burse to the Klamath Tribe the balance of any funds that, 

15 on or before the date of enactment of this Act, were appro16 priated or deposited into the trust accounts for remaining 

17 legal fees and administration and per capita trust ac18 counts, as identified by the Secretary of the Interior, 

19 under that Act (as in effect on the day before the date 

20 of enactment of this Act). 

Passed the Senate June 27, 2019. 

Attest: 

Secretary. 

116TH CONGRESS 

1ST SESSION S. 46 

AN ACT 

To repeal the Klamath Tribe Judgment Fund Act.
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.                  

###### Federal Reserve System

# Contact Person for More Information: 

Lynn S. Fox, Assistant to the Board; 202-452-3204. 

# Supplementary Information: 

You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at http://www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. 

Dated: May 11, 2000. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 00-12239 Filed 5-11-00; 10:24 am] 

BILLING CODE 6210-01-P
§ 102.145 Allowable fees and expenses. ( a ) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses, even if the services were made available without charge or at a reduced rate to the applicant.
( b ) No award for the attorney or agent fees under these Rules may exceed $75 per hour. However, an award may also include the reasonable expenses of the attorney, agent, or witness as a separate item, if the attorney, agent, or expert witness ordinarily charges clients separately for such expenses.
( c ) In determining the reasonableness of the fee sought for an attorney, agent, or expert witness, the following matters will be considered: ( 1 ) If the attorney, agent, or expert witness is in practice, that person's customary fee for similar services, or, if an employee of the applicant, the fully allocated cost of the services;
( 2 ) The prevailing rate for similar services in the community in which the attorney, agent, or expert witness ordinarily performs services;
( 3 ) The time actually spent in the representation of the applicant; and
( 4 ) The time reasonably spent in light of the difficulty or complexity of the issues in the adversary adjudicative proceeding.
( d ) The reasonable cost of any study, analysis, engineering report, test, project or similar matter prepared on behalf of an applicant may be awarded, to the extent that the charge for the service does not exceed the prevailing rate for similar services, and the study or other matter was necessary for preparation of the applicant's case.
[46 FR 48087, Sept. 30, 1981, as amended at 82 FR 11782, Feb. 24, 2017]
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
BALANCE SHEET AND STATEMENT OF OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       2,389,014
<SECURITIES>                                 2,054,707
<RECEIVABLES>                                1,594,088
<ALLOWANCES>                                         0
<INVENTORY>                                  1,089,133
<CURRENT-ASSETS>                             7,321,083
<PP&E>                                       5,015,297
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              15,826,605
<CURRENT-LIABILITIES>                        3,806,327
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       124,916
<OTHER-SE>                                   9,199,853
<TOTAL-LIABILITY-AND-EQUITY>                15,826,605
<SALES>                                      4,214,020
<TOTAL-REVENUES>                             4,214,020
<CGS>                                        2,934,465
<TOTAL-COSTS>                                2,934,465
<OTHER-EXPENSES>                             1,191,505
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              87,273
<INCOME-PRETAX>                                 41,275
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             41,275
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    41,275
<EPS-BASIC>                                        .00
<EPS-DILUTED>                                      .00


</TABLE>
§ 61.161 Aeronautical experience: Rotorcraft category and helicopter class rating. ( a ) A person who is applying for an airline transport pilot certificate with a rotorcraft category and helicopter class rating, must have at least 1,200 hours of total time as a pilot that includes at least: ( 1 ) 500 hours of cross-country flight time;
( 2 ) 100 hours of night flight time, of which 15 hours are in helicopters;
( 3 ) 200 hours of flight time in helicopters, which includes at least 75 hours as a pilot in command, or as second in command performing the duties of a pilot in command under the supervision of a pilot in command, or any combination thereof; and
( 4 ) 75 hours of instrument flight time in actual or simulated instrument meteorological conditions, of which at least 50 hours are obtained in flight with at least 25 hours in helicopters as a pilot in command, or as second in command performing the duties of a pilot in command under the supervision of a pilot in command, or any combination thereof.
( b ) Training in a full flight simulator or flight training device may be credited toward the instrument flight time requirements of paragraph (a)(4) of this section, subject to the following: ( 1 ) Training in a full flight simulator or a flight training device must be accomplished in a full flight simulator or flight training device that represents a rotorcraft.
( 2 ) Except as provided in paragraph (b)(3) of this section, an applicant may receive credit for not more than a total of 25 hours of simulated instrument time in a full flight simulator and flight training device.
( 3 ) A maximum of 50 hours of training in a full flight simulator or flight training device may be credited toward the instrument flight time requirements of paragraph (a)(4) of this section if the aeronautical experience is accomplished in an approved course conducted by a training center certificated under part 142 of this chapter.
( c ) Flight time logged under § 61.159(c) may be counted toward the 1,200 hours of total time as a pilot required by paragraph (a) of this section and the flight time requirements of paragraphs (a)(1), (2), and (4) of this section, except for the specific helicopter flight time requirements.
( d ) An applicant who credits time under paragraph (c) of this section is issued an airline transport pilot certificate with the limitation, “Holder does not meet the pilot in command aeronautical experience requirements of ICAO,” as prescribed under Article 39 of the Convention on International Civil Aviation.
( e ) An applicant is entitled to an airline transport pilot certificate without the ICAO limitation specified under paragraph (d) of this section when the applicant presents satisfactory evidence of having met the ICAO requirements under paragraph (d) of this section and otherwise meets the aeronautical experience requirements of this section.
[Doc. No. 25910, 62 FR 16298, Apr. 4, 1997; Amdt. 61-103, 62 FR 40906, July 30, 1997; Amdt. 61-104, 63 FR 20289, Apr. 23, 1998; Docket FAA-2016-6142, Amdt. 61-142, 83 FR 30279, June 27, 2018]
#### § 18.602 Lack of personal knowledge.

A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of § 18.703, relating to opinion testimony by expert witnesses.
<PAGE>   1

                                                                      EXHIBIT 21


                   KMART CORPORATION AND SUBSIDIARY COMPANIES
                            SIGNIFICANT SUBSIDIARIES





The Registrant has no parent but had the following significant
subsidiaries as of January 29, 1997:



<TABLE>
<CAPTION>
Name                       Jurisdiction of Incorporation  Percentage of Voting Securities Held
----                       -----------------------------  ------------------------------------
<S>                        <C>                            <C>
Kmart Canada Co.           Nova Scotia                    100%
Builders Square, Inc.      Delaware                       100%
Kmart Mexico S.A. de C.V.  Mexico                         50%
</TABLE>


                                       1
#### § 1690.106 Scope.

These regulations apply to Federal agencies having equal employment opportunity program responsibilities or authority other than equal employment responsibilities for their own Federal employees or applicants for employment. Its provisions do not apply to issuances related to internal management or administration of the agency.
§ 18.10 Scope and purpose. ( a ) *In general.* These rules govern the procedure in proceedings before the United States Department of Labor, Office of Administrative Law Judges. They should be construed and administered to secure the just, speedy, and inexpensive determination of every proceeding. To the extent that these rules may be inconsistent with a governing statute, regulation, or executive order, the latter controls. If a specific Department of Labor regulation governs a proceeding, the provisions of that regulation apply, and these rules apply to situations not addressed in the governing regulation. The Federal Rules of Civil Procedure (FRCP) apply in any situation not provided for or controlled by these rules, or a governing statute, regulation, or executive order.
( b ) *Type of proceeding.* Unless the governing statute, regulation, or executive order prescribes a different procedure, proceedings follow the Administrative Procedure Act, 5 U.S.C. 551 through 559.
( c ) *Waiver, modification, and suspension.* Upon notice to all parties, the presiding judge may waive, modify, or suspend any rule under this subpart when doing so will not prejudice a party and will serve the ends of justice.
#### § 1620.28 Relationship to other equal pay laws.

The provisions of various State or local laws may differ from the equal pay provisions set forth in the FLSA. No provisions of the EPA will excuse noncompliance with any State or other law establishing fewer defenses or more liberal work criteria than those of the EPA. On the other hand, compliance with other applicable legislation will not excuse violations of the EPA.
#### THE PEOPLE, etc., OF NEW YORK v. JENNIE COHEN and HARRIS SAMILSON.

*J. B. Fellows,*for app’lt; *K. & E. Solomon,*for def’ts.

Same application.

Application granted.
# EUR-Lex - 31996D0296 - EN

Avis juridique important

*|*

# 31996D0296

**96/296/EC: Commission Decision of 18 April 1996 amending Decision 92/486/EEC as regards the form of cooperation between the Animo host centre and Member States (Text with EEA relevance) **

*
Official Journal L 113 , 07/05/1996 P. 0025 - 0025 *

COMMISSION DECISION of 18 April 1996 amending Decision 92/486/EEC as regards the form of cooperation between the Animo host centre and Member States (Text with EEA relevance) (96/296/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning the veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market (1), as last amended by Directive 92/118/EEC (2), and in particular Article 20 (3) thereof,

Whereas, to enable a detailed study of the various options for the structural development of the Animo network, the current system should be extended for a year, with the possibility of a further extension of one year; whereas, to this end, Commission Decision 92/486/EEC of 25 September 1992 establishing the form of cooperation between the Animo host centre and Member States (3) must be amended; as last amended by the Act of Accession of Austria, Finland and Sweden;

Whereas the charges applicable from 1 April 1996 must take account of the number of units linked;

Whereas the number of units linked to the network on 1 April 1996 should be used as the basis; whereas in this regard it is necessary to refer to Commission Decision 96/295/EC (4) identifying and fixing the list of Animo units;

Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

HAS ADOPTED THIS DECISION:

Article 1

The following Article is inserted in Decision 92/486/EEC:

'Article 2a

1. The coordination authorities provided for in Article 1 shall ensure that the contracts referred to in that Article:

- are extended for one year;

- allow for the possibility of a further extension of one year.

2. In respect of paragraph 1, the follow charges shall apply:

ECU 386 per unit (central unit, local unit, frontier inspection post) listed in Decision 96/295/EC (*).

(*) OJ No L 113, 7. 5. 1996, p. 1.`

Article 2

This Decision shall enter into force on 1 April 1996.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 18 April 1996.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ No L 224, 18. 8. 1990, p. 29.

(2) OJ No L 62, 15. 3. 1993, p. 49.

(3) OJ No L 291, 7. 10. 1992, p. 20.

(4) See page 1 of this Official Journal.