alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 38.66 Notice to Show Cause issued to a recipient. ( a ) The Director may issue a Notice to Show Cause to a recipient failing to comply with the requirements of this part, where such failure results in the inability of the Director to make a finding. Such a failure includes, but is not limited to, the recipient's failure or refusal to: ( 1 ) Submit requested information, records, and/or data within the timeframe specified in a Notification Letter issued pursuant to § 38.63;
( 2 ) Submit, in a timely manner, information, records, and/or data requested during a compliance review, complaint investigation, or other action to determine a recipient's compliance with the nondiscrimination and equal opportunity provisions of WIOA or this part; or
( 3 ) Provide CRC access in a timely manner to a recipient's premises, records, or employees during a compliance review or complaint investigation, as required in § 38.42(c).
( b ) The Director may issue a Notice to Show Cause to a recipient after a Letter of Findings and/or an Initial Determination has been issued, and after a reasonable period of time has passed within which the recipient refuses to negotiate a conciliation agreement with the Director regarding the violation(s).
( c ) A Notice to Show Cause must contain: ( 1 ) A description of the violation and a citation to the pertinent nondiscrimination or equal opportunity provision(s) of WIOA and this part;
( 2 ) The corrective action necessary to achieve compliance or, as may be appropriate, the concepts and principles of acceptable corrective or remedial action and the results anticipated; and
( 3 ) A request for a written response to the findings, including commitments to corrective action or the presentation of opposing facts and evidence.
( d ) A Notice to Show Cause must give the recipient 30 days from receipt of the Notice to show cause why enforcement proceedings under the nondiscrimination and equal opportunity provisions of WIOA or this part should not be instituted.
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Home                 > Browse by Title > Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994

              														Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, September 29, 1994.						https://fraser.stlouisfed.org/title/1048,			accessed on August 21, 2024.						    

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§ 1915.85 Vessel radar and communication systems. ( a ) The employer shall service each vessel's radar and communication systems in accordance with 29 CFR 1915.89, Control of Hazardous Energy.
( b ) The employer shall secure each vessel's radar and communication system so it is incapable of energizing or emitting radiation before any employee begins work: ( 1 ) On or in the vicinity of the system;
( 2 ) On or in the vicinity of a system equipped with a dummy load; or
( 3 ) Aloft, such as on a mast or king post.
( c ) When a vessel's radar or communication system is operated, serviced, repaired, or tested, the employer shall ensure that: ( 1 ) There is no other work in progress aloft; and
( 2 ) No employee is closer to the system's antenna or transmitter than the manufacturer's specified safe minimum distance for the type, model, and power of the equipment.
( d ) The employer shall ensure that no employee enters an area designated as hazardous by manufacturers' specifications while a radar or communication system is capable of emitting radiation.
( e ) The requirements of this section do not apply when a radar or communication system is incapable of emitting radiation at levels that could injure workers in the vicinity of the system, or if the radar or communication system is incapable of energizing in a manner than could injure workers working on or in the vicinity of the system.
#### § 2204.403 Reply.

Within 15 days after service of an answer, the applicant may file a reply. If the reply is based on any alleged facts not already in the record of the proceeding, the applicant shall include with the reply either supporting affidavits or a request for further proceedings under § 2204.405.
#### HYPES v MORTON, etc

Ohio Appeals, 1st Dist, Hamilton Co

No 3538.

Decided Dec 30, 1929

I. L. Huddle and Maurice A. Thon, Cincinnati, for Hypes.

Peck, Shaffer & Williams, Cincinnati, for Morton.

*430HAMILTON, J.

It is argued that the typewritten matter was without consideration and that the court should have charged the jury that that clause should not be considered by them. In considering this matter it will be noted that the essential difference of facts between the. parties is that the plaintiff claims the clause did not apply to the original contract. The defendant’s claim is that it did apply, for the reason that the original oral contract was on the basis of the written form contract, which contained the clause providing for the charging back for the cancelled contracts of advertising. The typewritten matter was therefore proper to be considered in determining what the oral contract was. It is hardly conceivable that the plaintiff would have signed such a statement had it conflicted with the terms of the oral contract. The court charged thq jury on this point as follows:

“That (typewritten matter) is offered in evidence and that language is to be considered for whatever bearing it may have on the question of whether or not this contract (oral contract) was just a straight commission without any charge backs.

You are to consider, of course, the other exhibits and all the evidence in this case, and determine from the evidence what the original agreement was, x x x x”.

The court in this language properly submitted the question to the jury, and limited the purpose of the consideration of the typewritten matter to any bearing it might have in determining the original contract.

We find no error in the record, prejudicial to the plaintiff in error, and the judgment is affirmed.

Cushing, PJ, and Ross, J, concur.
§ 1955.12 Administrative law judge; powers and duties. ( a ) The administrative law judge appointed under 5 U.S.C. 3105 and designated by the Chief Administrative Law Judge to preside over a proceeding shall have all powers necessary and appropriate to conduct a fair, full, and impartial proceeding, including the following: ( 1 ) To administer oaths and affirmations;
( 2 ) To rule upon offers of proof and receive relevant evidence;
( 3 ) To provide for discovery, including the issuance of subpoenas authorized by section 8(b) of the Act and 5 U.S.C. 555(d) and 556(c)(2), and to determine the scope and time limits of the discovery;
( 4 ) To regulate the course of the proceeding and the conduct of the parties and their counsel;
( 5 ) To consider and rule upon procedural requests, e.g. motions for extension of time;
( 6 ) To hold preliminary conferences for the settlement or simplification of issues;
( 7 ) To take official notice of material facts not appearing in the evidence in the record in accordance with § 1955.40(c);
( 8 ) To render an initial decision;
( 9 ) To examine and cross-examine witnesses;
( 10 ) To take any other appropriate action authorized by the Act, the implementing regulations, or the Administrative Procedure Act, 5 U.S.C. 554-557 (hereinafter called the APA).
( b ) On any procedural question not otherwise regulated by this part, the Act, or the APA, the administrative law judge shall be guided to the extent practicable by the pertinent provisions of the Federal Rules of Civil Procedure.
#### § 1471.340 If I disclose unfavorable information required under § 1471.335, will I be prevented from participating in the transaction?

As a primary tier participant, your disclosure of unfavorable information about yourself or a principal under § 1471.335 will not necessarily cause us to deny your participation in the covered transaction. We will consider the information when we determine whether to enter into the covered transaction. We also will consider any additional information or explanation that you elect to submit with the disclosed information.
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

IN RE: ICON LM, LLC,

Appellant

______________________

2020-1364

______________________

Appeal from the United States Patent and Trademark 

Office, Trademark Trial and Appeal Board in No. 

87093088.

______________________

JUDGMENT

______________________

THEODORE RAY REMAKLUS, Wood, Herron & Evans, 

LLP, Cincinnati, OH, for appellant.

 CHRISTINA J. HIEBER, Office of the Solicitor, United 

States Patent and Trademark Office, Alexandria, VA, for 

appellee Andrew Hirshfeld. Also represented by THOMAS 

L. CASAGRANDE, TIFFANY CHIANG, THOMAS W. KRAUSE,

FARHEENA YASMEEN RASHEED, PETER JOHN SAWERT.

 ______________________

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED:

Case: 20-1364 Document: 58 Page: 1 Filed: 02/09/2021
 PER CURIAM (REYNA, TARANTO, and STOLL, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

February 9, 2021 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 20-1364 Document: 58 Page: 2 Filed: 02/09/2021
[No. 48661-6-I.

Division One.

November 25, 2002.]

#### Peter Niederle, *Appellant,*v. T.D. Escrow Services, Inc., *Respondent.*

Appeal from judgments of the Superior Court for King County, No. 01-2-04090-1, Robert H. Alsdorf, J., entered May 7 and June 1, 2001. *Affirmed*by unpublished opinion per Becker, C.J., concurred in by Baker and Agid, JJ.
Things 

Immigrant Families Need to Know 

about Marketplace Coverage

You must be a U.S. 

citizen or be lawfully 

present in the U.S. 

to be eligible for 

Marketplace coverage. You may be 

eligible for Medicaid 

or Children’s Health 

Insurance Program 

(CHIP) coverage if 

you’re a U.S. citizen 

or have a “qualified” 

immigration status.

In some states, 

lawfully present 

children and/or 

pregnant women

may be eligible for

Medicaid or the 

Children’s Health 

Insurance Program 

(CHIP).

You may need to 

wait 5 years after 

you get “qualified” 

immigration status to 

get Medicaid or CHIP.

You may be able to

get help with 

your health care 

costs through the 

Marketplace, even 

during your

5-year wait.

If you’re not a U.S. 

citizen or lawfully 

present, you may be 

able to get Medicaid 

for emergency 

medical conditions, 

which includes labor 

and delivery.

You may need to 

submit documents to 

verify your citizenship 

or immigration status. 

Your information 

won’t be used 

for immigration 

enforcement 

purposes.

Want to know more or have questions?

Visit HealthCare.gov/immigrants.

Call the Marketplace Call Center at 1-800-318-2596. TTY users can call 1-855-889-4325.

You have the right to get Marketplace information in an accessible format, like large print, Braille, or audio. You also have 

the right to file a complaint if you feel you’ve been discriminated against. Visit CMS.gov/about-cms/agency-information/

aboutwebsite/cmsnondiscriminationnotice.html, or call the Marketplace Call Center at 1-800-318-2596 for more information. 

TTY users can call 1-855-889-4325.

Paid for by the Department of Health & Human Services.

CMS Product No. 11870

Revised August 2018
#### § 2700.61 Name of miner informant.

A Judge shall not, except in extraordinary circumstances, disclose or order a person to disclose to an operator or his agent the name of an informant who is a miner.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1  
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-END>                               DEC-31-1998
<CASH>                                       6,226,202
<INT-BEARING-DEPOSITS>                      20,998,348
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 12,732,832
<INVESTMENTS-CARRYING>                      42,934,697
<INVESTMENTS-MARKET>                        43,086,954
<LOANS>                                    198,605,977
<ALLOWANCE>                                  3,278,570
<TOTAL-ASSETS>                             291,249,317
<DEPOSITS>                                 237,393,815
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                          7,148,129
<LONG-TERM>                                 20,000,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  26,707,373         
<TOTAL-LIABILITIES-AND-EQUITY>             291,249,317
<INTEREST-LOAN>                              4,077,566
<INTEREST-INVEST>                              726,492
<INTEREST-OTHER>                               319,685
<INTEREST-TOTAL>                             5,123,743
<INTEREST-DEPOSIT>                           2,565,154
<INTEREST-EXPENSE>                           2,845,606
<INTEREST-INCOME-NET>                        2,278,137
<LOAN-LOSSES>                                   60,000
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              1,718,600
<INCOME-PRETAX>                              1,164,768
<INCOME-PRE-EXTRAORDINARY>                     414,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   750,768
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                    3.36
<LOANS-NON>                                    453,000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             3,227,775
<CHARGE-OFFS>                                   14,221
<RECOVERIES>                                     5,016
<ALLOWANCE-CLOSE>                            3,278,570
<ALLOWANCE-DOMESTIC>                         3,278,570
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                             MAR-31-1998
<PERIOD-START>                                APR-01-1997
<PERIOD-END>                                  MAR-31-1998
<CASH>                                        18,157,595
<SECURITIES>                                  0
<RECEIVABLES>                                 15,304,340
<ALLOWANCES>                                  0
<INVENTORY>                                   15,606,037
<CURRENT-ASSETS>                              52,559,395
<PP&E>                                        12,436,533
<DEPRECIATION>                                0
<TOTAL-ASSETS>                                68,360,827
<CURRENT-LIABILITIES>                         17,156,257
<BONDS>                                       0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                                   2,410
<COMMON>                                      182,030
<OTHER-SE>                                    0
<TOTAL-LIABILITY-AND-EQUITY>                  68,360,827
<SALES>                                       98,486,060
<TOTAL-REVENUES>                              0
<CGS>                                         0
<TOTAL-COSTS>                                 56,482,539
<OTHER-EXPENSES>                              25,110,307
<LOSS-PROVISION>                              0
<INTEREST-EXPENSE>                            452,262
<INCOME-PRETAX>                               16,991,138
<INCOME-TAX>                                  5,687,382
<INCOME-CONTINUING>                           11,303,756
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                                  11,303,756
<EPS-PRIMARY>                                 .60
<EPS-DILUTED>                                 .58
        


</TABLE>
Exhibit 23



                    Consent of Independent Auditors


We consent to the  incorporation  by reference in this Annual Report (Form 10-K)
of Lilly Industries,  Inc. of our report dated January 15, 1999, included in the
1998 Annual Report to Shareholders of Lilly Industries, Inc.

Our audits also included the financial  statement  schedule of Lilly Industries,
Inc. listed in Item 14(a). This schedule is the  responsibility of the Company's
management.  Our responsibility is to express an opinion based on our audits. In
our opinion, the financial statement schedule referred to above, when considered
in relation to the basic financial statements taken as a whole,  presents fairly
in all material respects the information set forth therein.

We further consent to the incorporation by reference in Registration  Statements
(Form S-8 Nos.  2-59159,  2-76317,  33-52954,  33-52956  pertaining to the Lilly
Employees'  Stock Purchase Plan, the Lilly  Industries,  Inc. Stock Option Plan,
the Lilly  Industries,  Inc.  1991  Director  Stock Option  Plan,  and the Lilly
Industries,  Inc. Employee 401(k) Savings Plan,  respectively,  and 33-52958 and
333-32205  pertaining to the Lilly  Industries,  Inc. 1992 Stock Option plan) of
our report dated January 15, 1999,  with respect to the  consolidated  financial
statements  incorporated  herein by  reference,  and our report  included in the
preceding paragraph with respect to the financial statement schedule included in
this Annual Report (Form 10-K) of Lilly Industries, Inc.




                                                  /s/ Ernst & Young LLP

Indianapolis, Indiana
February 26, 1999
United States Court of Appeals

for the Fifth Circuit

No. 22-50384

consolidated with

No. 22-50402

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Miguel Ortiz-Castillo, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:21-CR-674-1

USDC No. 4:21-CR-744-1

Before Wiener, Elrod, and Engelhardt, Circuit Judges.

Per Curiam:*

Miguel Ortiz-Castillo appeals his conviction and sentence for illegal 

reentry after removal, as well as the judgment revoking his term of supervised 

release for committing a new offense. He has not briefed, and has therefore 

* This opinion is not designated for publication. See 5TH CIR. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

January 9, 2023

Lyle W. Cayce

Clerk

Case: 22-50384 Document: 00516602845 Page: 1 Date Filed: 01/09/2023
No. 22-50384

c/w No. 22-50402

2

abandoned, any challenge to the revocation of supervised release or his 

revocation sentence. See Hughes v. Johnson, 191 F.3d 607, 613 (5th Cir. 1999).

For the first time on appeal, Ortiz-Castillo argues that his sentence 

exceeds the statutory maximum and is therefore unconstitutional because the 

district court enhanced his sentence under 8 U.S.C. § 1326(b) based on facts 

that were neither alleged in the indictment nor found by a jury beyond a 

reasonable doubt. While he acknowledges that this argument is foreclosed by 

Almendarez-Torres v. United States, 523 U.S. 224 (1998), he nevertheless 

seeks to preserve it for possible Supreme Court review. In addition, OrtizCastillo has filed an unopposed motion for summary disposition. 

Subsequent Supreme Court decisions such as Alleyne v. United States, 

570 U.S. 99 (2013), and Apprendi v. New Jersey, 530 U.S. 466 (2000), did not 

overrule Almendarez-Torres. See United States v. Pervis, 937 F.3d 546, 553–54 

(5th Cir. 2019). Thus, Ortiz-Castillo is correct that his argument is 

foreclosed, and summary disposition is appropriate. See Groendyke Transp., 

Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). 

Ortiz-Castillo’s motion is GRANTED, and the district court’s 

judgments are AFFIRMED.

Case: 22-50384 Document: 00516602845 Page: 2 Date Filed: 01/09/2023
**EXHIBIT
      32.1**





**CERTIFICATION**


**OF**


**PRINCIPAL
      EXECUTIVE OFFICER**


**AND**


**PRINCIPAL
      FINANCIAL OFFICER**


**PURSUANT
      TO 18 U.S.C.1350,**


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








I,
      John
      Z. Ferguson, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, the
      Quarterly Report on Form 10-QSB of a21, Inc. for the quarter ended September
      30,
      2007, fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934 and that information contained in such Quarterly
      Report on Form 10-QSB fairly presents, in all material respects, the financial
      condition and results of operations of a21, Inc.





I,
      Thomas
      Costanza, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge, the
      Quarterly Report on Form 10-QSB of a21, Inc. for the quarter ended September
      30,
      2007, fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934 and that information contained in such Quarterly
      Report on Form 10-QSB fairly presents, in all material respects, the financial
      condition and results of operations of a21, Inc.





Pursuant
      to the rules and regulations of the Securities and Exchange Commission, this
      certification is being furnished and is not deemed filed.








By:
                /s/ JOHN Z. FERGUSON
              
              ----------------------------------
              John
                Z. Ferguson
              Chief
                Executive Officer
              (Principal
                Executive Officer)
              
              
              By:
                /s/ THOMAS COSTANZA
              
              ----------------------------------
              Thomas
                Costanza
              Chief
                Financial Officer
              (Principal
                Financial Officer)
              
              Dated:  November
                13, 2007