alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 125.39 Notice by Hearing Board. Whenever the Commandant refers a matter to a Hearing Board, the Chairman shall: ( a ) Fix the time and place of the hearing;
( b ) Inform the applicant or holder of the names of the members of the Hearing Board, their occupations, and the businesses or organizations with which they are affiliated, of his privilege of challenge, and of the time and place of the hearing;
( c ) Inform the applicant or holder of his privilege to appear before the Hearing Board in person or by counsel or representative of his choice, and to present testimonial and documentary evidence in his behalf, and to cross-examine any witnesses appearing before the Board; and
( d ) Inform the applicant or holder that if within 10 days after receipt of the notice he does not request an opportunity to appear before the Hearing Board, either in person or by counsel or representative, the Hearing Board will proceed without further notice to him.
* 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. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-40465 Summary Calendar

ERIC ANTONIO HOWARD, Plaintiff-Appellant,

versus

CHARLES C. BAILEY, in his official capacity as District Attorney for the 76th Judicial District, ET AL., Defendants, KENNETH SPARKS, in his official capacity as Lieutenant in the Mt. Pleasant City Police Department; JIM BAYUK, in his official capacity as Agent DPS/TNT Task Force, Defendants-Appellees.

Appeal from the United States District Court

For the Eastern District of Texas (2:93-CV-99)

December 6, 1996

Before POLITZ, Chief Judge, KING and PARKER, Circuit Judges

PER CURIAM: *1 Burroughs v. FFP Operating Partner, L.P. , 70 F.3d 31 (5th Cir. 1995).

2 Ulmer v. Chancellor , 691 F.2d 209 (5th Cir. 1982).

2 Eric Antonio Howard appeals an adv erse summary judgment entered after

par tial affirmance and partial remand of his earlier appeal. Our review of the

record and briefs discloses neither error nor abuse of discretion in the judgment on

remand and, accordingly, we affirm, essentially on the basis of the facts as found,

authorities cited , and analysis in the careful and thorough Report and

Recommendation of United States Magistrate Judge filed April 4, 1996, which was

approved and adopted by the district court by its order filed on April 30, 1996.

Howard’s attempt to challenge the denial of appointment of counsel prior to

the first appeal is beyond the scope of today’s review. 1 His request for appointment

of counsel herein is deni ed. 2 His suggestion that he should have been allowed

further discovery before the trial court ruled on the summary judgment motions

lacks factual basis and is frivolous.

The judgment appealed is AFFIRMED.
§ 550.2 Definitions. As used in the regulations in this part: ( a ) The term *extra payment* shall mean a payment, in a specific amount, made in addition to the straight-time and overtime compensation which would be due the performer under the agreement applicable to his employment and under the Act if the time spent in performing the services or special services referred to in paragraph (a) of § 550.1 had been devoted exclusively to duties as a staff performer; but shall not include any payment any part of which is credited or offset against any remuneration otherwise payable to the performer under any contract or statutory provision;
( b ) The term *performer* shall mean a person who performs a distinctive, personalized service as a part of an actual broadcast or telecast including an actor, singer, dancer, musician, comedian, or any person who entertains, affords amusement to, or occupies the interest of a radio or television audience by acting, singing, dancing, reading, narrating, performing feats of skill, or announcing, or describing or relating facts, events and other matters of interest, and who actively participates in such capacity in the actual presentation of a radio or television program. It shall not include such persons as script writers, stand-ins, or directors who are neither seen nor heard by the radio or television audience; nor shall it include persons who participate in the broadcast or telecast purely as technicians such as engineers, electricians and stage hands;
( c ) The term *special services* shall mean services beyond the scope of a performer's regular or ordinary duties as a staff performer under the agreement applicable to the employment.
[15 FR 402, Jan. 25, 1950]
§ 138.20 Applicability. ( a ) *Applicability generally.* This subpart applies— ( 1 ) To the COFR Operator of— ( i ) Any vessel over 300 gross tons (except a vessel listed in paragraph (d)(1) or (2) of this section) using the navigable waters of the United States, or any port or other place subject to the jurisdiction of the United States, including any such vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
( ii ) Any vessel of any size (except a vessel listed in paragraph (d)(1) or (3) of this section) using the waters of the Exclusive Economic Zone to transship or lighter oil (whether delivering or receiving) destined for a place subject to the jurisdiction of the United States; and
( iii ) Any tank vessel over 100 gross tons (except a vessel listed in paragraph (d)(1) or (3) of this section) using the navigable waters of the United States, or any port or other place subject to the jurisdiction of the United States, including any such tank vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
( 2 ) To a guarantor providing evidence of financial responsibility under this subpart on behalf of one or more of a vessel's responsible parties;
( 3 ) To responsible parties other than the COFR Operator designated to represent the responsible parties for purposes of this subpart; and
( 4 ) To any person serving as a U.S. agent for service of process under this subpart.
( b ) *How to apply this part to mobile offshore drilling units.* For the purposes of applying the evidence of financial responsibility required under OPA 90 and this subpart and the limits of liability set forth in subpart B of this part, and in addition to any OPA 90 offshore facility evidence of financial responsibility requirements that may apply under 30 CFR part 553, a mobile offshore drilling unit is treated as— ( 1 ) A tank vessel when it is being used as an offshore facility; and
( 2 ) A vessel other than a tank vessel when it is not being used as an offshore facility.
( c ) *How to apply CERCLA evidence of financial responsibility to self-propelled vessels.* For the purposes of applying the evidence of financial responsibility required under CERCLA and for vessels identified in paragraph (a)(1)(i) of this section, this subpart applies to a self-propelled vessel over 300 gross tons even if it does not carry hazardous substances.
( d ) *Exceptions.* ( 1 ) This subpart does not apply to public vessels.
( 2 ) Paragraph (a)(1)(i) of this section does not apply to any non-self-propelled barge that does not carry oil as cargo or fuel and does not carry hazardous substances as cargo.
( 3 ) Paragraphs (a)(1)(ii) and (iii) of this section do not apply to: any offshore supply vessel; any fishing vessel or fish tender vessel of 750 gross tons or less that transfers fuel without charge to a fishing vessel owned by the same person; any towing or pushing vessel (tug) simply because it has in its custody a tank barge; or any tank vessel that only carries, or is adapted to carry, non-liquid hazardous material in bulk as cargo or cargo residue.
§ 549.0 Scope and effect of regulations. ( a ) The regulations in this part set forth the requirements of a “bona fide profit-sharing plan or trust” under section 7(e)(3)(b) of the Fair Labor Standards Act of 1938, as amended (hereinafter called the Act). In determining the total remuneration for employment which section 7(e) of the Act requires to be included in the regular rate at which an employee is employed, it is not necessary to include any sums paid to or on behalf of such employee, in recognition of services performed by him during a given period, which are paid pursuant to a bona fide profit-sharing plan or trust meeting the requirements set forth herein. In the formulation of these regulations due regard has been given to the factors and standards set forth in section 7(e)(3)(b) of the Act.
( b ) The inclusion or exclusion from the regular rate of contributions made by an employer pursuant to any plan or trust for providing old age, retirement, life, accident or health insurance or similar benefits for employees (regardless of whether the plan or trust is financed out of profits) is governed by section 7(e)(4) of the Act, the requirements of which are set forth in the Interpretative Bulletin on Overtime Compensation, part 778, of this chapter, §§ 778.214 and 778.215. However, where such a plan or trust is combined in a single program (whether in one or more documents) with a plan or trust for providing profit-sharing payments to employees, the profit-sharing payments may be excluded from the regular rate if they meet the requirements of the regulations in this part and the contributions made by the employer for providing the benefits described in section 7(e)(4) of the Act may be excluded from the regular rate if they meet the tests set forth in the Interpretative Bulletin, part 778, of this chapter, §§ 778.214 and 778.215.
§ 870.52 Application for exemption of State-regulated garnishments. ( a ) An application for the exemption of garnishments issued under the laws of a State may be made in duplicate by a duly authorized representative of the State. The application shall be filed with the Administrator of the Wage and Hour Division, Department of Labor, Washington, DC 20210.
( b ) Any application for exemption must be accompanied by two copies of all the provisions of the State laws relating to the garnishment of earnings, certified to be true and complete copies by the Attorney General of the State. In addition, the application must be accompanied by a statement, in duplicate, signed by the Attorney General of the State, showing how the laws of the State satisfy the policy expressed in § 870.51(a) and setting forth any other matters which the Attorney General may wish to state concerning the application.
( c ) Notice of the filing of an application for exemption shall be published in the Federal Register. Copies of the application shall be available for public inspection and copying during business hours at the national office of the Wage and Hour Division and in the regional office of the Wage and Hour Divison in which the particular State is located. Interested persons shall be afforded an opportunity to submit written comments concerning the application of the State within a period of time to be specified in the notice.
[35 FR 8226, May 26, 1970, as amended at 35 FR 14315, Sept. 11, 1970]
§ 151.2050 Additional requirements—nonindigenous species reduction practices. The master, owner, operator, agent, or person in charge of any vessel equipped with ballast water tanks that operates in the waters of the United States must follow these practices: ( a ) Avoid the discharge or uptake of ballast water in areas within, or that may directly affect, marine sanctuaries, marine preserves, marine parks, or coral reefs.
( b ) Minimize or avoid uptake of ballast water in the following areas and situations: ( 1 ) Areas known to have infestations or populations of harmful organisms and pathogens (e.g., toxic algal blooms).
( 2 ) Areas near sewage outfalls.
( 3 ) Areas near dredging operations.
( 4 ) Areas where tidal flushing is known to be poor or times when a tidal stream is known to be turbid.
( 5 ) In darkness, when bottom-dwelling organisms may rise up in the water column.
( 6 ) Where propellers may stir up the sediment.
( 7 ) Areas with pods of whales, convergence zones, and boundaries of major currents.
( c ) Clean the ballast tanks regularly to remove sediments. Sediments must be disposed of in accordance with local, State, and Federal regulations.
( d ) Discharge only the minimal amount of ballast water essential for vessel operations while in the waters of the United States.
( e ) Rinse anchors and anchor chains when the anchor is retrieved to remove organisms and sediments at their places of origin.
( f ) Remove fouling organisms from the vessel's hull, piping, and tanks on a regular basis and dispose of any removed substances in accordance with local, State and Federal regulations.
( g ) Maintain a ballast water management (BWM) plan that has been developed specifically for the vessel and that will allow those responsible for the plan's implementation to understand and follow the vessel's BWM strategy and comply with the requirements of this subpart. The plan must include— ( 1 ) Detailed safety procedures;
( 2 ) Actions for implementing the mandatory BWM requirements and practices;
( 3 ) Detailed fouling maintenance and sediment removal procedures;
( 4 ) Procedures for coordinating the shipboard BWM strategy with Coast Guard authorities;
( 5 ) Identification of the designated officer(s) in charge of ensuring that the plan is properly implemented;
( 6 ) Detailed reporting requirements and procedures for ports and places in the United States where the vessel may visit; and
( 7 ) A translation of the plan into English, French, or Spanish if the vessel's working language is another language.
( h ) Train the master, operator, person in charge, and crew on the application of ballast water and sediment management and treatment procedures.
( i ) When discharging ballast water to a reception facility in the United States, discharge only to reception facilities that have an NPDES permit to discharge ballast water.
#### § 779.506 Sixteen-year minimum.

The Act sets a 16-year minimum for employment in manufacturing or mining occupations. Furthermore, this age minimum is applicable to employment in all other occupations unless otherwise provided by regulation or order issued by the Secretary.
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

In connection with the Amended Annual Report on Form 10-KSB/A of Reclamation
Consulting and Applications, Inc. (the"Company") for the period ended June 30,
2003 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), the undersigned, Gordon W. Davies, President of the Company, and
Michael C. Davies, Secretary of the Company, each hereby certifies, pursuant to
18 U.S.C. Section 1350, that:

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

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

/s/ Gordon W. Davies
------------------------------------
Gordon W. Davies
President

Dated: June 10, 2005

/s/ Michael C. Davies
------------------------------------
Michael C. Davies
Secretary

Dated:  June 10, 2005
#### § 158.400 Purpose.

The purpose of this subpart is to supply the criteria for determining the adequacy of reception facilities for garbage at ports and terminals that receive ships and to comply with the Act and Regulation 7 of Annex V to MARPOL 73/78.
§ 104.250 Procedures for interfacing with facilities and other vessels. ( a ) The vessel owner or operator must ensure that there are measures for interfacing with facilities and other vessels at all MARSEC Levels.
( b ) For each U.S. flag vessel that calls on foreign ports or facilities, the vessel owner or operator must ensure procedures for interfacing with those ports and facilities are established.
Editorial Note on Part 159
Editorial Note: Nomenclature changes to part 159 appear by USCG-2008-0179, 73 FR 35015, June 19, 2008.

§ 159.123 Coliform test: Type I devices. ( a ) The arithmetic mean of the fecal coliform bacteria in 38 of 40 samples of effluent discharged from a Type I device during the test described in § 159.121 must be less than 1000 per 100 milliliters when tested in accordance with 40 CFR Part 136.
( b ) The 40 samples must be taken from the device as follows: During each of the 10-test days, one sample must be taken at the beginning, middle, and end of an 8-consecutive hour period with one additional sample taken immediately following the peak capacity processing period.
[CGD 73-83, 40 FR 4624, Jan. 30, 1975, as amended by CGD 75-213, 41 FR 15326, Apr. 12, 1976]
§ 147.859 Safety Zone; Gulfstar 1 SPAR, Mississippi Canyon Block 724, Outer Continental Shelf on the Gulf of Mexico. ( a ) *Description.* The Gulfstar 1 Spar is in the deepwater area of the Gulf of Mexico at Mississippi Canyon Block 724. The facility is located at 28°14′05.904′′ N, 88°59′43.306′′ W, and the area within 500 meters (1640.4 feet) from each point on the facility structure's outer edge is a safety zone.
( b ) *Regulation.* No vessel may enter or remain in this safety zone except the following: ( 1 ) An attending vessel;
( 2 ) A vessel under 100 feet in length overall not engaged in towing; or
( 3 ) A vessel authorized by the Commander, Eighth Coast Guard District or a designated representative.
[USCG-2014-0242, 79 FR 51899, Sept. 2, 2014]
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 10492 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
DONTRAYE POTTER , also known as Tre,

Defendant

- Appellant

Appeal s from the United States District Court for the Northern District of Texas USDC No. 3:14

- CR

- 368

- 1

Before DAVIS, SMITH, and PRADO, Circuit Judges.
PER CURIAM: *
The Federal Public Defender appointed to represent Dontraye Potter has
moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), a nd United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Potter has filed a response. The record is not sufficiently developed
to allow us to make a fair evaluation of Potter ’s claims of ine ffective assistance

* 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. United States Court of Appeals Fifth Circuit 

### FILED February 17, 2016 Lyle W. Cayce Clerk Case: 15-10492 Document: 00513383468 Page: 1 Date Filed: 02/17/2016No. 15

- 10492

2 of counsel; we therefore decline to consider the claims w ithout prejudice to
collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014)

. We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Potter ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is GRANTED, counsel i s excused from further responsibilities herein, and the APPEAL IS DISMISSED. See
5 TH C IR

. R . 42.2. Potter’s motion to relieve counsel and appoint new counsel is
DENIED. Case: 15-10492 Document: 00513383468 Page: 2 Date Filed: 02/17/2016
#### Giddens *v.*Alexander *et al.*

Submitted July 18, 1906.

Decided February 26, 1907.

Equitable petition. Before Judge Mitchell. Berrien superior court. September term, 1905.

*Hendricks, Smith & Christian,*for plaintiff.

*Buie & Knight*and *W. H. Griffin,*for defendants.

Beck, J.

1. Where, by an order of the superior court, it was provided that if a named person should become the purchaser of designated property at a sale by a receiver, he should be allowed, instead of paying the purchase-price into the hands of the receiver, to give bond “for the forthcoming of the money to meet the order of the court,” and he'became at . such sale the actual purchaser, giving bond as provided, with sureties therein named, and subsequently the court rendered judgment against him for a part of the purchase-money, the judgment could not be amended at a subsequent term of the court so as to include the sureties, no suit or other proceeding having been brought for the breach of the bond.

2. Where an execution based upon such amended judgment was levied upon certain lands as the property of one of the sureties, and he placed in the hands of the levying officer (the deputy sheriff of the county) an affidavit of illegality setting forth the above-stated facts, but the sheriff proceeded, nevertheless, to advertise and sell, at sheriff’s sale, the property so levied on, and made a sheriff’s deed conveying it to the purchaser' at said sale, the same was illegal.

3. Such a deed, upon equitable petition duly brought, will be cancelled as a cloud upon the title of the owner of the land. *Graham*v. *Hall,*68 *Ga.*354; *Wynne*v. *Lumpkin,*35 *Ga.*208.

*4.*The equitable petition was properly brought against the sheriff, the purchaser at the sheriff’s sale, and a grantee or lessee of the latter; and the court erred in sustaining a general demurrer to it.

*5. No*judgment being *sought*as-against one of the defendants (J. A. Alexander), he was improperly joined as a party defendant, and his demurrer based upon that ground should have been sustained, and he should have been dismissed from the case.

6. The only error assigned in the bill of exceptions being upon the ruling of the court sustaining defendants’ demurrer and dismissing the case, and all of the record material to a clear understanding of the error complained of being duly specified, the writ of error will not be dismissed merely because the plaintiff in error also specified as material “the brief of the evidence and the ruling of the court as contained therein,” when in fact there was no brief of evidence.

*Judgment reversed.*

*All the Justices concur, except Fish, G. J., absent.*
Exhibit
      32





**CERTIFICATION
      PURSUANT TO 18 U.S.C., ss.1350 AS ADOPTED**


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





In
      connection with the annual report on Form 10-KSB/A of Magnum d’Or Resources,
      Inc. (the “Company”) for the year ended September 30, 2006, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), the
      undersigned Chief Executive Officer, President, Treasurer, and the principal
      financial officer of the Company, hereby certifies pursuant to 18 U.S.C.
      ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      that:





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





2.
      The
      information contained in the Report fairly presents in all material respects
      the
      financial condition and results of operations of Magnum d’Or Resources,
      Inc.




Date:
                July 9, 2007
            /s/
                Chad Curtis
              Chad
                Curtis, Chief Executive Officer,
              President
                and Chief Financial Officer
II 

110TH CONGRESS 

1ST SESSION S. RES. 83 

To amend the Standing Rules of the Senate to prohibit filling the tree. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2007 

Mr. SPECTER (for himself and Mr. COBURN) submitted the following 

resolution; which was referred to the Committee on Rules and Administration 

RESOLUTION 

To amend the Standing Rules of the Senate to prohibit 

filling the tree. 

1 Resolved, That (a) rule XV of the Standing Rules of 

2 the Senate is amended by adding at the end the following: 

3 ‘‘6. Notwithstanding action on a first degree amend4 ment, it shall not be in order for a Senator to offer a sec5 ond degree amendment to his or her own first degree 

6 amendment.’’. 

7 (b) The amendment made by subsection (a) shall take 

8 effect at the beginning of the 111th Congress. 

Æ 

mstockstill on PROD1PC66 with BILLS