alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### FOR PUBLICATION 

### UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT



#  S TATE OF A LASKA , Office of the Governor, Petitioner, No. 07-70174

v. EEOC Nos. 11A40004, 

#  EEOC; U NITED S TATES OF 11A40005 A MERICA , Respondents, ORDER M ARGARET G. W ARD , Intervenor. 

# 

Filed July 3, 2008
KOZINSKI , Chief Judge: Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit. Judge Kleinfeld did not participate in the deliberations or vote in this case.

8359PRINTED FOR ADMINISTRATIVE OFFICE—U.S. COURTS BY THOMSON REUTERS/WEST—SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.
&:cuutr nf tqr luitr~ itutts 

NINETY-FIRST CONGRESS 

F S { Convened January 3, 1969 

IRST ESSION Adjourned December 23, 1969 

S S {Convened January 19, 1970 

ECOND ESSION 

EXECUTIVE CALENDAR 

Prepat·ed under the direction of FRANCIS R. V ALEO, Secretary of the Senate 

By GERALD A. HACKETT, Executive Clerk 

Wednesday, July 29, 1970 

NOMINATIONS PLACED ON THE SECRETARY'S DESK 

In the Coast Guard 

The nominations beginning Wayne R. Gronlund, to be lieutenant (junior grade), and ending Robert A. 

Melvin III, to be lieutenant, which nominations were rC'ceived by the Senate and appeared in the Congressional 

Record on July 9, 1970; and 

The nominations beginning Frederick K. Farner, to be lieutenant (junior grade), and ending Gary F. Van 

Nevel, to be lieutenant, which nominations were received by the Senate and appeared iu the Congressional 

Record on July 21, 1970. 

4R-022-70- No. 201 U S GOVERNMENT PRINTING OFFI CE : 19 70
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheet as of March 31, 2000, and statements of operations for the three months
ended March 31, 2000, and is qualified in its entirety by reference to such
financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          49,227
<SECURITIES>                                         0
<RECEIVABLES>                                   64,837
<ALLOWANCES>                                     2,065
<INVENTORY>                                          0
<CURRENT-ASSETS>                               114,064
<PP&E>                                          13,693
<DEPRECIATION>                                   5,094
<TOTAL-ASSETS>                                 122,663
<CURRENT-LIABILITIES>                           63,675
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       787,742
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 (728,754)
<SALES>                                        294,605
<TOTAL-REVENUES>                               173,568
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               114,676
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  6,361
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              6,361
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,361
<EPS-BASIC>                                       0.00
<EPS-DILUTED>                                     0.00


</TABLE>
§ 1149.49 How is evidence presented at the hearing? ( a ) The ALJ determines the admissibility of evidence.
( b ) Except as provided in this part, the ALJ is not bound by the Federal Rules of Evidence. However, the ALJ may choose to apply the Federal Rules of Evidence where he/she deems appropriate, for example, to exclude unreliable evidence.
( c ) The ALJ must exclude irrelevant and immaterial evidence.
( d ) Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay or needless presentation of cumulative evidence.
( e ) Although relevant, evidence may be excluded if it is privileged under Federal law.
( f ) The following evidence concerning offers of compromise or settlement is inadmissible when offered to prove liability for, invalidity of, or amount of a claim that was disputed as to validity or amount, or to impeach through a prior inconsistent statement or contradiction: ( 1 ) Providing, offer, or promising to provide a valuable consideration in compromising or attempting to compromise the claim;
( 2 ) Accepting, offering, or promising to accept a valuable consideration in compromising or attempting to compromise the claim; and
( 3 ) Conduct or statements made in compromise negotiations regarding the claim, except when offered in a criminal case and the negotiations related to a claim by a public office or authority in the exercise of regulatory, investigative, or enforcement authority.
( g ) The ALJ must permit the parties to introduce rebuttal witnesses and evidence.
( h ) All documents and other evidence taken for the record must be open to examination by all parties unless otherwise ordered by the ALJ.
#### § 291.4 Preservation of existing authorities.

The regulations in this part do not alter or diminish the authority of the Forest Service under any other law to manage, preserve, and protect paleontological resources on National Forest System lands in addition to the protection provided under the Act or this part.
<TABLE> <S> <C>

<ARTICLE> 7
<LEGEND>
This schedule contains summary financial information extracted from Chandler
(U.S.A.), Inc.'s September 30, 1999 Form 10-Q and is qualified in its entirety
by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<DEBT-HELD-FOR-SALE>                            79,090
<DEBT-CARRYING-VALUE>                            1,232
<DEBT-MARKET-VALUE>                              1,309
<EQUITIES>                                         276
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                  80,598
<CASH>                                          10,844
<RECOVER-REINSURE>                               2,289
<DEFERRED-ACQUISITION>                            (23)
<TOTAL-ASSETS>                                 257,146
<POLICY-LOSSES>                                 96,594
<UNEARNED-PREMIUMS>                             65,448
<POLICY-OTHER>                                   5,692
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                 24,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                      45,228
<TOTAL-LIABILITY-AND-EQUITY>                   257,146
<PREMIUMS>                                      49,196
<INVESTMENT-INCOME>                              2,928
<INVESTMENT-GAINS>                                  57
<OTHER-INCOME>                                   1,172
<BENEFITS>                                      36,348
<UNDERWRITING-AMORTIZATION>                     10,914
<UNDERWRITING-OTHER>                             9,098
<INCOME-PRETAX>                                (3,007)
<INCOME-TAX>                                       830
<INCOME-CONTINUING>                            (2,177)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,177)
<EPS-BASIC>                                   (876.45)
<EPS-DILUTED>                                 (876.45)
<RESERVE-OPEN>                                       0
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                                   0
<PAYMENTS-PRIOR>                                     0
<RESERVE-CLOSE>                                      0
<CUMULATIVE-DEFICIENCY>                              0


</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

WILLIAM SIMMONS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 417 EAL 2021

Petition for Allowance of Appeal

from the Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

WILLIAM SIMMONS,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 418 EAL 2021

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 11th day of May, 2022

, the Petition for Allowance of Appeal is

DENIED

.
§ 805.5 Typical classes of action. ( a ) Section 1507.3(c)(2) (40 CFR 1507.3(c)(2)) in conjunction with § 1508.4 requires agencies to establish three typical classes of action for similar treatment under NEPA: actions normally requiring EIS; actions normally requiring assessments but not necessarily EISs; and actions normally not requiring assessments or EISs. Each of the covered categories of Council actions generally falls within the second category, normally requiring an assessment but not necessarily an EIS.
( b ) The Council shall independently determine whether an EIS or an environmental assessment is required where: ( 1 ) A proposal for Council action is not covered by one of the typical classes of action above; or
( 2 ) For actions which are covered, the presence of extraordinary circumstances indicates that some other level of environmental review may be appropriate.
EXHIBIT
32.1




CERTIFICATION
OF CEO AND CFO 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 Quarterly Report on Form 10-Q of Searchlight Minerals Corp.
(the “Company”) for the quarter ended September 30, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), Ian R.
McNeil, as Chief Executive Officer of the Company, and Melvin L. Williams, as
Chief Financial Officer of the Company, each hereby certifies, pursuant to 18
U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that, to the best of his knowledge:




(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 the Company.




SEARCHLIGHT
      MINERALS CORP.





Date:
      November 13, 2009
                  By:
                  /s/ IAN R. MCNEILIan
      R. McNeilChief
      Executive OfficerDate:  November
      13, 2009
                  By:
                  /s/ MELVIN L. WILLIAMSMelvin
      L. WilliamsChief
      Financial Officer
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Jamie Oei, the President, Chief Executive Officer, Principal Executive Officer and a director of Silica Resources Corporation (the "Company"), and Robert Skelly, the Secretary, Treasurer, Chief Financial Officer, Principal Accounting Officer and a director of the Company, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Annual Report on Form 10-KSB of the Company, for the year ended March 31, 2007, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the information contained in the Annual Report on Form 10-KSB fairly presents in all material respects the financial condition and results of operations of the Company.

Date:  July 16, 2007

/s/ Jamie Oei                            Jamie Oei
President, Chief Executive Officer, Principal Executive Officer and a director

/s/ Robert Skelly                       Robert Skelly 
Secretary, Treasurer, Chief Financial Officer, 
Principal Accounting Officer and a director

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signatures that appear in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

__________
Sullivan,

No. 5001.

#### Ellis R. Spaulding *& a. v.*Walter Clark, Jr. & *a.*

Argued December 5, 1961.

Decided January 29, 1962.

*31*Shubins & Duncan (Mr. Duncan*orally), for the plaintiffs.

*Howard B. Lane*(by brief and orally), for the defendants.

Lampron, J.

The issue to be decided is whether the defendants who own a lot which does not abut on Sand Pond have the right to cross plaintiffs’ property to reach its shore.

The lots owned by the parties were originally part of an eighteen-acre tract owned by a common predecessor in title, the Perkins Brothers, James M. and Waldo H. Perkins. They conveyed the lot now owned by the plaintiffs to Herbert N. Flagg on June 16, 1911 “Reserving the right to cross & recross said land when needful.” Flagg conveyed to Barrett on October 17, 1917 “Excepting a reserved right to cross when needful, by James M. Perkins and *32Waldo Perkins.” After an intervening conveyance with the same exception, Alston W. Barrett conveyed to the plaintiffs on August 25, 1958 “Subject to a right to cross this land when needful if any such right exists to James M. Perkins and Waldo Perkins.”

Defendants obtained their title, on March 22, 1954, from the widow of Waldo H. Perkins who then owned all the interest which her late husband and James M. Perkins had in this property. Her deed granted to the defendants “a right to cross land of A. F. Barrett [now owned by plaintiffs] when needful, as reserved in deed of James M. and Waldo Perkins, to Herbert N. Flagg.”

There was evidence that the right of way over plaintiffs’ land claimed by the defendants is their only means of reaching Sand Pond. There was further evidence that defendants’ grantor, the widow of one of the original common owners of the eighteen-acre tract, told him “there was a right of way that went down through by the Barretts [now Spauldings].” Defendant Walter Clark testified that after he bought his property in 1954 he used the claimed right of way over the property now owned by the plaintiffs and that Barrett knew of this use and never questioned it. Plaintiff Ellis R. Spaulding knew that the Clarks were going over this lot to get to the beach when he bought it in 1958.

It was the duty of the Court to place itself as nearly as possible in the situation of the parties at the time the instruments were made to gather their intention from the language used viewed in the light of the surrounding circumstances. *North Hampton District*v. *Society,*97 N. H. 219, 220.

So doing the Court properly found and ruled that defendants’ predecessors in title had reserved a right of way over the land now owned by plaintiffs to reach the shore of Sand Pond. Furthermore it could also properly find and rule that this right was for the benefit of and appurtenant to the lot now owned by the defendants and was conveyed to them when they purchased it. Finally it properly ruled that plaintiffs obtained their title subj ect to this right of way and dismissed their petition. *Sanborn*v. *Keroack,*103 N. H. 297, 301.

*Exception overruled.*

All concurred.
# EUR-Lex - 12007P041 - EN

Important legal notice

*|*

# 12007P041

**Charter of Fundamental Rights of the European Union - TITLE V - CITIZENS' RIGHTS - Article 41 - Right to good administration **

*
Official Journal 303 , 14/12/2007 P. 0010 - 0011 *

Article 41

Right to good administration

1. Every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions, bodies, offices and agencies of the Union.

2. This right includes:

(a) the right of every person to be heard, before any individual measure which would affect him or her adversely is taken;

(b) the right of every person to have access to his or her file, while respecting the legitimate interests of confidentiality and of professional and business secrecy;

(c) the obligation of the administration to give reasons for its decisions.

3. Every person has the right to have the Union make good any damage caused by its institutions or by its servants in the performance of their duties, in accordance with the general principles common to the laws of the Member States.

4. Every person may write to the institutions of the Union in one of the languages of the Treaties and must have an answer in the same language.

--------------------------------------------------
SENATE OF THE UNITED STATES 

ONE HUNDRED FIRST CONGRESS 

FIRST SESSION { 

Convened January 3, 1989 

Adjourned November 22, 1989 

Convened January 23, 1990 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Thursday, February 8, 1990 

PREPARED UNDER THE DIRECTION OF WALTER J.STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
1 

TREATIES 

Calendar Treaty Subject Reported 

No. Doc. No. Bv 

8 101-2 ILO Convention (No. 160) Concerning Labor Nov 14, 89 Reported 

Statistics favorably, by Mr. Pell, 

Committee on Foreign 

Relations, with a 

resolution of advice and 

consent to ratification, 

with a declaration 

(Printed report--Ex. Rept. 

101-16). 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Reported 

No. No. Bv 

NATIONAL LABOR RELATIONS BOARD 

* 386 576 Clifford R. Oviatt, Jr., of Virginia, to be Oct 4, 89 Mr. Kennedy, 

a Member of the National Labor Relations Committee on Labor and 

Board for the remainder of the term Human Resources, without 

expiring August 27, 1993, vice Wilford W. printed report. 

Johansen, resigned. 

* 389 771 Dennis M. Devaney, of Maryland, to be a Do. 

Member of the National Labor Relations 

Board for the term of five years expiring 

December 16. 1994: (Reapoointment) 

*Stgniftes nominee's commitment to respond to requests to appear and testify before any duly 

constituted committee of the Senate.
# EUR-Lex - 12004V/AFI/DCL/42 - EN

Important legal notice

*|*

# 12004V/AFI/DCL/42

**Treaty establishing a Constitution for Europe - FINAL ACT - B. Declarations concerning Protocols annexed to the Constitution - Declarations by Member States - 42.Declaration by the Kingdom of the Netherlands on Article I-55 **

*
Official Journal 310 , 16/12/2004 P. 0473 - 0473 *

42. Declaration by the Kingdom of the Netherlands on Article I-55

The Kingdom of the Netherlands will agree to a European decision as referred to in Article I-55(4) once a revision of the European law referred to in Article I-54(3) has provided the Netherlands with a satisfactory solution for its excessive negative net payment position vis-à-vis the Union budget.

--------------------------------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AS OF JUNE 30, 2000 AND THE CONDENSED
CONSOLIDATED STATEMENT OF OPERATIONS FOR THE SIX MONTHS ENDED JUNE 30, 2000 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-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                         423,759
<SECURITIES>                                   520,809
<RECEIVABLES>                                  144,633
<ALLOWANCES>                                   (6,088)
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,122,940
<PP&E>                                         187,791
<DEPRECIATION>                                (81,266)
<TOTAL-ASSETS>                               4,077,544
<CURRENT-LIABILITIES>                          284,163
<BONDS>                                        456,587
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           402
<OTHER-SE>                                   3,199,558
<TOTAL-LIABILITY-AND-EQUITY>                 4,077,544
<SALES>                                        429,167
<TOTAL-REVENUES>                               520,076
<CGS>                                           19,977
<TOTAL-COSTS>                                   89,389
<OTHER-EXPENSES>                               740,033
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              15,048
<INCOME-PRETAX>                              (300,354)
<INCOME-TAX>                                    46,370
<INCOME-CONTINUING>                          (346,724)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (346,724)
<EPS-BASIC>                                     (0.87)
<EPS-DILUTED>                                   (0.87)


</TABLE>