alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Duncan *vs*Reed, &c.

Chancery.

*Case*88.

Error to the Mason Circuit.

*Principal and surety. Release of surety.*

A contract by the creditor witli the principal debtor for further indulgence, and the paymentofusury therefor, in advance, without the assent o I' the surety, operates to discharge the surety; but if the contract be to pay usury thereafter, it is no discharge of the surety.

In such cases the contract for indulgence must be a bindingcontract which may be enforced between the creditor and principal surety.

*June*9.

Judge Simpson

delivered the opinion of the Court.

The doctrine is well established, that a contract for indulgence between the creditor and principal debtor, to have the effect of operating as an equitable release of the surety, must be founded on a valid consideration, and be such an agreement as can be enforced. The payment of usurious interest in advance, has been deemed a consideration of this character. But a promise to pay usurious interest at the end of the time, for the indulgence granted, has been held to be insufficient; the promise not being legal or such as would form an adequate consideration to uphold the agreement.

In this case the principal debtor was indulged from year to year, for several years, by an arrangement between him and the creditor by which he was to pay usurious interest, at the rate of twelve and a half per cent, per annum on the amount due, and the debtor, in pursuance of the arrangement, executed his own note at the commencement of each year, for the payment of the interest at its close. This, in effect, was a mere promise to pay usurious interest at the end of the year, for the indulgence to be given. The execution of the note for the interest, was not equivalent to a payment, nor was it any more obligatory than a verbal promise to the same effect. The contract to indulge was, therefore, not upheld by a sufficient consideration to make it binding on the creditor, and the surety might, at any time, have compelled the collection of the debt, had he thought proper to do so.

The Circuit Court, therefore, erred in its decree releasing the surety; and the decree is reversed and cause remanded that the injunction may be perpetuated to the extent of the usury in the judgment at law, and dis*383solved with damages as to the residue, and a decree rendered for the complainant’s costs.

*McClung fy Taylor*for plaintiff; *T. Y. Payne*for defendants.
[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Notices]
[Page 35992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14058]


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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration


Petition for Waiver of Compliance

    In accordance with Part 211 of Title 49, Code of Federal 
Regulations (CFR), notice is hereby given that the Federal Railroad 
Administration (FRA) received a request for a waiver of compliance with 
certain requirements of its safety standards. The individual petition 
is described below, including the party seeking relief, the regulatory 
provisions involved, the nature of the relief being requested, and the 
petitioner's arguments in favor of relief.

Durbin & Greenbrier Valley Railroad, Inc.

[Waiver Petition Docket Number FRA-2000-7001]

    Durbin & Greenbrier Valley Railroad, Inc. (DGVR) seeks a permanent 
waiver of compliance from certain provisions of the Safety Glazing 
Standards, 49 CFR 223.9, which requires certified glazing, for one 
locomotive (self propelled railway motor cars) utilized in excursion 
service on DGVR in Durbin, West Virginia. DGVR indicates that they 
would provide front and rear facing windows with FRA Type I glazing, 
but would like to equip the side facing windows with safety glazing. 
They state that the motor cars are not air conditioned, and the 
passenger compartment side windows can be opened.
    Interested parties are invited to participate in these proceedings 
by submitting written views, data, or comments. FRA does not anticipate 
scheduling a public hearing in connection with these proceedings since 
the facts do not appear to warrant a hearing. If any interested party 
desires an opportunity for oral comment, they should notify FRA, in 
writing, before the end of the comment period and specify the basis for 
their request.
    All communications concerning these proceedings should identify the 
appropriate docket number (e.g., Waiver Petition Docket Number 2000-
7001) and must be submitted to the Docket Clerk, DOT Docket Management 
Facility, Room PL-401 (Plaza Level), 400 7th Street, SW., Washington, 
DC 20590. Communications received within 30 days of the date of this 
notice will be considered by FRA before final action is taken. Comments 
received after that date will be considered as far as practicable. All 
written communications concerning these proceedings are available for 
examination during regular business hours (9 a.m.-5 p.m.) at the above 
facility. All documents in the public docket are also available for 
inspection and copying on the Internet at the docket facility's web 
site at http://dms.dot.gov.

    Issued in Washington, DC on May 25, 2000.
Grady C. Cothen, Jr.,
Deputy Associate Administrator for Safety Standards and Program 
Development.
[FR Doc. 00-14058 Filed 6-5-00; 8:45 am]
BILLING CODE 4910-06-P
§ 154.2031 Tank barge cleaning facilities. ( a ) In addition to complying with 33 CFR 154.2030, a tank barge cleaning facility (TBCF) person-in-charge (PIC) of a barge cargo tank-cleaning operation that uses a vapor control system (VCS) must complete a training program covering the particular systems installed at the facility and on the barge. As part of the training program, personnel must be able to demonstrate, through drills and practical knowledge, the proper VCS operation procedures for normal and emergency conditions. The training program must— ( 1 ) Satisfy the requirements of 33 CFR 154.2030(a)(1) through (7), except (a)(6)(i), (ii), and (ix), and 33 CFR 154.2030(b) and cover— ( i ) Purpose, principles, components, and hazards associated with stripping and gas-freeing;
( ii ) Special hazards associated with the accumulation and discharge of static electricity; and
( iii ) Operating procedures, including cleaning, testing, and inspection requirements; pre-cleaning procedures; and safeguards to prevent static electricity discharge.
( b ) In addition to the requirements contained in 33 CFR 154.710, no person may serve, and the facility operator may not use the services of anyone, as a facility PIC of a cleaning operation unless the person has been properly trained and certified by the facility with a minimum of 60 hours of experience in cleaning operations.
§ 155.5075 Appeal procedures. ( a ) A vessel owner or operator who disagrees with a deficiency determination may submit a petition for reconsideration to the Commandant (CG-5RI), Attn: Director of Incident Management and Preparedness Policy, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516 or *vrp@uscg.mil* within the time period required for compliance or within 7 days from the date of receipt of the Coast Guard notice of a deficiency determination, whichever is less. After considering all relevant material presented, the Coast Guard will notify the vessel owner or operator of the final decision. ( 1 ) Unless the vessel owner or operator petitions for reconsideration of the Coast Guard's decision, the vessel's owner or operator must correct the vessel response plan (VRP) deficiencies within the period specified in the Coast Guard's initial determination.
( 2 ) If the vessel owner or operator petitions the Coast Guard for reconsideration, the effective date of the Coast Guard notice of deficiency determination may be delayed pending a decision by the Coast Guard. Petitions to the Coast Guard must be submitted in writing, via the Coast Guard official who issued the requirement to amend the VRP, within 5 days of receipt of the notice.
( b ) Within 21 days of notification that a VRP is not approved, the vessel owner or operator may appeal that determination to the Director of Incident Management and Preparedness Policy (CG-5RI). This appeal must be submitted in writing to Commandant (CG-5RI), Attn: Director of Incident Management and Preparedness Policy, U.S. Coast Guard Stop 7516, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7516.
[USCG-2008-1070, 78 FR 60124, Sept. 30, 2013, as amended by USCG-2014-0410, 79 FR 38437, July 7, 2014; USCG-2016-0498, 82 FR 35083, July 28, 2017]
* Pursuant to Local Rule 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

______________________________

No. 96-60043

______________________________

HERWIN NOE,

Petitioner-Appellant,

versus

RAYMOND ROBERTS,

SUPERINTENDENT,

MISSISSIPPI STATE PENITENTIARY,

Respondent-Appellee.

____________________________________________

Appeal From the United States District Court

for the Southern District of Mississippi

3:95-cv-435-BN

____________________________________________

January 6, 1997

Before POLITZ, Chief Judge, and WIENER and STEWART, Circuit Judges.

PER CURIAM: *

Petitioner-Appellant Herwin Noe appeals from the district

court’s order adopting the Report and Recommendatio n of the

magistrate judge and dismissing Noe’s Petition for Writ of Habeas

Corpus filed pursuant to 28 U.S.C. § 2254. Noe contends primarily1 AED PA §§ 101-106, Pub. L. No. 104-132, Sec. 101-106, 110

Stat. 1214, 12-14-21 (1996), codified at , 28 U.S.C. §§ 2241-2255.

2 Because the notice Noe received in connection with the

Report and Recommendation did not comply with Dou glass v. United

Services Auto Ass’n

, 79 F.3d 1415, 1428-29 (5th Cir. 1996) (en

banc), we apply our former standard which bars a party from

attacking on appeal any factual findings accepted or adopted by the

district court except upon grounds of plain error or manifest

injustice. N ettles v. Wainright

, 677 F.2d 404, 410 (5th Cir. 1982

(en banc).

2 that the district court erred in determining that (1) he was not

subject to constitutionally ineffective assistance of counsel, (2)

the evidence adduce d at trial was constitutionally sufficient to

support a guilty verdict on the charge of murder, (3) the

introduction of autopsy photographs did not render his trial

unfair, (4) his constitutional right to a speedy trial was not

violated, and (5) his other claims not objected to at trial or on

direct appeal were procedurally barred by an adequate and

independent state procedural rule.

In conducting our review of all these issues pursuant to the

standards provided in the Antiterrorism and Effective Death Penalty

Act of 1996 ( AEDPA), 1 and in light of Noe’s failure to object to

the factual findings contained in the magistrate judge’s Report and

Re commendation, 2 we carefully evaluated the record on appeal, the

arguments of both pro se Petitioner Noe and the Respondent as set

forth in their respective briefs, and the applicable law, and we

have come to the same legal conclusions as did the district court.

We found particularly persuasive the articulate and well-reasoned3

findings contained in the Report and Recommendation submitted to

the district court by United States Magistrate Judge Alfred G.

Nichols. We therefore affirm in all respects the district court’s

dismissal of Noe’s petition for the reasons set forth in the

magistrate judge’s Report and Recommend ation, a copy of which is

attached.

AFFIRMED.
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.473 Little River.

The draw of the Louisiana and Arkansas railroad bridge, mile 12.1 at Archie, shall open on signal if at least 12 hours notice is given.
[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Notices]
[Page 35093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13710]



[[Page 35093]]

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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies; Correction

    This notice corrects a notice (FR Doc. 00-13255) published on page 
34182 of the issue for Friday, May 26, 2000.
    Under the Federal Reserve Bank of St. Louis heading, the entry for 
Heritage Group, Inc., Aurora, Nebraska, is revised to read as follows:
    A. Federal Reserve Bank of Kansas City (D. Michael Manies, 
Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 
64198-0001:
    1. Heritage Group, Inc., Aurora, Nebraska; to acquire 100 percent 
of the voting shares of City National Bank and Trust Company, Hastings, 
Nebraska.
    Comments on this application must be received by June 19, 2000.

    Board of Governors of the Federal Reserve System, May 26, 2000.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 00-13710 Filed 5-31-00; 8:45 am]
BILLING CODE 6210-01-P
# ToC

# A-1 sel info by St

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by State for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P	

# Case-Complaint related

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by State for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P	

# Entities, Funds, Staff related

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by State for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P	

# Facilities, Beds and Visits

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by State for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P	

# A-1 Sel Info by Region

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by Region for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P	

# Case-Complaint related by Regn

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by Region for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P	

# Entities, Funds, Staff by Regn

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by Region for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P	

# Facilities, Beds&Visits by Regn

&"Arial Rounded MT Bold,Bold"&14Table A-1: Selected Information by Region for FY 2012	

&"Arial Narrow,Regular"Table A-1: p. &P
1 

How Dietetics Programs Can 

Partner with Senior Nutrition 

Providers

Who are senior nutrition providers?

The Older Americans Act (OAA) Senior Nutrition Program provides healthy meals; 

nutrition screening, education, and counseling; and other services that support older 

adults. Each day, about 5,000 local senior nutrition providers serve an estimated 1 

million meals to older Americans across the country. Local programs deliver meals 

to homebound older adults throughout their region and/or serve congregate meals 

where older adults (60+) can socialize over a meal. The providers focus on 

underserved communities and other older adults in greatest need.

What benefits would dietetic programs get from 

partnering?

• Local senior nutrition programs provide opportunities for practice experiences 

in food and nutrition education, food service management, or other areas. 

• Local senior nutrition programs also provide hands-on learning experiences 

with older adults.

• Registered dietitian nutritionists (RDNs) at local senior nutrition programs can 

precept dietetic internship rotations.

• Your students can help local senior nutrition programs develop up-to-date, 

long-lasting educational programming and materials. How can dietetics 

programs approach local senior nutrition providers?
2

• Prepare an outline of strengths, benefits, and sample projects that your 

dietetic students or interns could offer. Think of how what the intern or 

student’s project can benefit the potential preceptor, their program, and their 

participants. Arrange a meeting to decide on mutually beneficial projects and 

timelines. 

How can dietetics programs find local senior nutrition 

providers?

Local senior nutrition programs are spread across rural and urban areas and found 

in senior centers, town centers, senior living facilities, faith-based spaces, Aging and 

Disability Resource Centers, and more. Go to eldercare.acl.gov or call 1-800-677-1116 

to find your local program.

This project was supported in part by grant number 90PPNU0002 from the Administration for 

Community Living, U.S. Department of Health and Human Services, Washington, D.C. 20201. 

Grantees undertaking projects with government sponsorship are encouraged to express 

freely their findings and conclusions. Points of view or opinions do not, therefore, necessarily 

represent official ACL policy.

Created in partnership with the National Association of Nutrition and Aging Services 

Programs. For more information on NANASP, visit nanasp.org.
# AGENCY:

 Internal Revenue Service (IRS), Treasury. 

# ACTION:

 Notice. 

# SUMMARY:

 An open meeting of the Brooklyn District Citizen Advocacy Panel will be held in Brooklyn, New York. 

# DATES:

 The meeting will be held Friday January 28, 2000. 

# FOR FURTHER INFORMATION CONTACT:

 Eileen Cain at 1-888-912-1227 or 718-488-3555. 

# SUPPLEMENTARY INFORMATION:

 Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an operational meeting of the Citizen Advocacy Panel will be held Friday, January 28, 2000, 6:00 p.m. to 9:00 p.m. at the Internal Revenue Service Brooklyn Building located at 625 Fulton Street, NY 11201. For more information or to confirm attendance, notification of intent to attend the meeting must be made with Eileen Cain. Mrs. Cain can be reached at 1-888-912-1227 or 718-488-3555. The public is invited to make oral comments from 6:00 p.m. to 6:30 p.m. on Friday, January 28, 2000. 

Individual comments will be limited to 5 minutes. If you would like to have the CAP consider a written statement, please call 1-888-912-1227 or 718-488-3555, or write Eileen Cain, CAP Office, P.O. Box R, Brooklyn, NY, 11201. The Agenda will include the following: various IRS issues. Note: Last minute changes to the agenda are possible and could prevent effective advance notice. 

Dated: January 7, 2000. 

Cathy VanHorn, 

Chief, CAP & Communications.

[FR Doc. 00-1389 Filed 1-19-00; 8:45 am] 

BILLIING CODE 4830 -01-P
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.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a meeting of the National Advisory Council on Alcohol Abuse and Alcoholism, September 12, 2011, 3:30 p.m. to 5:30 p.m., September 13, 2011, 9 a.m. to 1 p.m., National Institutes of Health, Building 1, 1 Center Drive, Wilson Hall, Bethesda, MD 20892 which was published in the                     **Federal Register**                     on June 29, 2011, 76FRN2011-16858.                

The meeting time has changed on September 12, 2011 from 2:45 p.m. to 5:30 p.m. The location of the meeting will remain the same.

Dated: August 11, 2011.

Anna P. Snouffer,

Deputy Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2011-21126 Filed 8-17-11; 8:45 am]

BILLING CODE 4140-01-P
---

**Exhibit 99.1**

CERTIFICATION PURSUANT TO
     18 U.S.C. SECTION 1350,
     AS ADOPTED PURSUANT TO
     SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

CERTIFICATION

I, John Martin, President of Weight Loss Forever International, Inc. certify that:

1. I have reviewed this annual report on Form 10-KSB of Weight Loss Forever International, Inc.

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report;

3. Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;

4. The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

> a) designed such disclosure controls and procedures to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this annual report is being prepared;
> 
>       b) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this annual report (the "Evaluation Date"); and
> 
>       c) presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent functions):

> a) all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; and
> 
>       b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officer and I have indicated in this annual report whether there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.

Date: 5/5/03

/s/ John Martin
  _______________________
  John Martin

Principal Executive Officer
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.231 Brandywine Creek.

The draw of the Conrail bridge, mile 1.1, the Church Street bridge, mile 1.3, and the Sixteenth Street bridge, mile 1.7, all at Wilmington, need not be opened for the passage of vessels.

[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD3 85-42, 50 FR 26712, June 28, 1985]