alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

February 23, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-10901

Conference Calendar

 

BRENDA DAVID, ET AL.,

Plaintiffs,

DOUGLAS S. MCGLOHON,

Plaintiff-Appellant,

versus

CITY OF DALLAS, TEXAS, ET AL.,

Defendants,

CITY OF DALLAS, TEXAS,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 3:76-CV-834

USDC No. 3:76-CV-1593

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

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Douglas S. McGlohon moves this court for leave to proceed in

forma pauperis (IFP) on appeal following the denial of his FED.

R. CIV. P. 60(b) motion filed approximately eight years after the

final judgment in this 42 U.S.C. § 1983 action. McGlohon’s
No. 04-10901

-2-

motion is construed as a challenge to the district court’s

determination that the appeal is not taken in good faith. See

Baugh v. Taylor, 117 F.3d 197, 202 (5th Cir. 1997). This court’s

inquiry into whether the appeal is taken in good faith “is

limited to whether the appeal involves ‘legal points arguable on

their merits (and therefore not frivolous).’” Howard v. King,

707 F.2d 215, 220 (5th Cir. 1983) (citation omitted). If the

appeal is frivolous, this court may dismiss it sua sponte under

5TH CIR. R. 42.2. Baugh, 117 F.3d at 202 n.24. 

McGlohon has not shown that his appeal involves legal points

arguable on their merits. See Howard, 707 F.2d at 220. McGlohon

has not shown that extraordinary circumstances warrant relief

from the operation of the judgment. See Rule 60(b)(6). McGlohon

also failed to provide a valid reason for the lateness of his May

2003 postjudgment challenge to the January 1995 judgment; he has

not shown that he could not have learned earlier of the grounds

relied upon or that the defendants would not be prejudiced. See

Travelers Ins. Co. v. Liljeberg Enters., Inc., 38 F.3d 1404, 1410

(5th Cir. 1994). The district court did not abuse its discretion

by denying McGlohon’s Rule 60(b) motion filed eight years after

the entry of the final judgment. See McCorvey v. Hill, 385 F.3d

846, 848 (5th Cir. 2004), cert. denied, 125 S. Ct. 1387 (2005).

McGlohon’s request for IFP status is denied, and his appeal

is dismissed as frivolous. See Baugh, 117 F.3d at 202 & n.24;

5TH CIR. R. 42.2. McGlohon is warned that filing future frivolous

actions or appeals may result in the imposition of sanctions. 
No. 04-10901

-3-

See Woodson v. Surgitek, Inc., 57 F.3d 1406, 1417 (5th Cir.

1995). 

IFP MOTION DENIED; APPEAL DISMISSED AS FRIVOLOUS; SANCTION

WARNING ISSUED.
§ 902.21 Publication in the Federal Register shall be constructive notice of information that affects the public. ( a ) All material described in § 902.20 shall be published in the Federal Register. For the purpose of this section, material that is reasonably available to the class of persons affected by it is considered to be published in the Federal Register when it is incorporated by reference with the approval of the Director of the Federal Register.
( b ) Publication in the Federal Register of all relevant information shall be considered constructive notice of information that affects the public, except that no person shall be required to resort to or be adversely affected by any matter which is required to be published in the Federal Register and is not so published unless such person has actual and timely notice of the terms of the unpublished matter.
#### § 1149.74 How does the NEA protect your rights?

These procedures separate the functions of the investigating official, reviewing official, and the ALJ, each of whom report to a separate organizational authority. Except for purposes of settlement, or as a witness or a representative in public proceedings, no investigating official, reviewing official, or NEA employee or agent who helps investigate, prepare, or present a case may (in such case, or a factually related case) participate in the initial decision or the review of the initial decision by the authority head. This separation of functions and organization is designed to assure the independence and impartiality of each government official during every stage of the proceeding. The representative for the NEA may be employed in the offices of either the investigating official or the reviewing official.
#### Edward Casby, an Infant, by William Casby, His Guardian ad Litem, Respondent, *v.*Elizabeth J. Lawless et al., Appellants.

*Casby*v. Lawless, 116 App. Div. 922, affirmed.

(Argued December 11, 1907;

decided January 7, 1908.)

Appeal from a judgment of the Appellate Division of the Supreme Court iu the fourth judicial department, entered December 26, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial in an action to recover for personal injuries alleged to have been caused by defendants’ negligence.

*James 8. Havens*for appellants.

*John- Gillette*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Werner, Willard Bartlett and Hiscook, JJ.
§ 148.210 Preemption. ( a ) *Scope.* ( 1 ) This section describes the effect of sections 2741 through 2763 and 2791 of the PHS Act on a State's authority to regulate health insurance issuers in the individual market. This section makes clear that States remain subject to section 514 of ERISA, which generally preempts State law that relates to ERISA-covered plans.
( 2 ) Sections 2741 through 2763 and 2791 of the PHS Act cannot be construed to affect or modify the provisions of section 514 of ERISA.
( b ) *Regulation of insurance issuers.* The individual market rules of this part do not prevent a State law from establishing, implementing, or continuing in effect standards or requirements unless the standards or requirements prevent the application of a requirement of this part.
§ 665.104 Gear restrictions. ( a ) *Bottom trawls and bottom set gillnets.* Fishing for American Samoa bottomfish MUS or ECS with bottom trawls and bottom set gillnets is prohibited.
( b ) *Possession of gear.* The possession of a bottom trawl or bottom set gillnet within the American Samoa fishery management area is prohibited.
( c ) *Poisons and explosives.* The possession or use of any poisons, explosives, or intoxicating substances for the purpose of harvesting bottomfish is prohibited.
[75 FR 2205, Jan. 14, 2010, as amended at 84 FR 2770, Feb. 8, 2019]
SENATE OF THE UNITED STATES 

ONE HUNDRED FIRST CONGRESS 

Convened January 3, 1989 

FIRST SESSION t 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Thursday, June 15, 1989 

PREPARED UNDER THE DIRECTION OF WALTER J.STEWART, 

SECRETARY OF THE SENATE 

By Gerald A. Hackett, Executive Clerk 
1 

NOMINATIONS 

Calendar Message Nominee, Office, And Predecessor Reported 

* 

* 

* 

No. No. Bv 

AMBASSADOR 

112 199 Joseph Verner Reed, of Connecticut, for the May 10, 89 Mr. Pell, 

rank of Ambassador during his tenure of Committee on Foreign 

service as Chief of Protocol for the White Relations, without pnnted 

House. report 

DEPARTMENT OF STATE 

140 289 Peter F. Secchia, of Michigan, to be May 17, 89 Mr. Pell, 

Ambassador Extraordinary and Committee on Foreign 

Plenipotentiary of the United States of Relations, without printed 

America to Italy. report. 

171 326 Chic Hecht, of Nevada, to be Ambassador Jun 8, 89 Mr. Pell, 

Extraordinary and Plenipotentiary of the Committee on Foreign 

United States of America to the Relations, without printed 

Commonwealth of The Bahamas. reno rt. 

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

constituted committee of the Senate. 
2 

NOMINATIONS PLACED ON THE SECRETARY'S DESK IN THE 

SERVICE 

PUBLIC HEALTH 

Public Health Service nominations beginning Kenneth L. Brooks, and ending Andrew L. Olnes, 

which nominations were received by the Senate and appeared in the Congressional Record of March 9, 

1989. 

Public Health Service nominations beginning Bruce A. Chabner, and ending Gary W. Blair, which 

nominations were received by the Senate and appeared in the Congressional Record of May 17, 1989. 

Public Health Service nominations beginning Thomas R Bender, and ending George E Foley, III, 

which nominations were received by the Senate and appeared in the Congressional Record of May 17, 

1989.
# Europeiska unionens C 94A/28 a

| | ISSN 1725-2504 |
| --- | --- |
| Europeiska unionens
  officiella tidning | C 94A |
| | |
| Svensk utgåva | Meddelanden och upplysningar | 50 årgången28 april 2007 |

ISSN 1725-2504

Europeiska unionens

officiella tidning

C 94A

Svensk utgåva

Meddelanden och upplysningar

50 årgången28 april 2007

---

| Informationsnummer | Innehållsförteckning | Sida |
| --- | --- | --- |
| | Rättelser |
| 2007/C 094A/01 | Rättelse till meddelande om allmänt uttagningsprov: forskningsledare – prognosexpert – referens EF/TA/07/02 (EUT C 68 A, 24.3.2007) | 1 |

Informationsnummer

Innehållsförteckning

Sida

Rättelser

2007/C 094A/01

Rättelse till meddelande om allmänt uttagningsprov: forskningsledare – prognosexpert – referens EF/TA/07/02 (EUT C 68 A, 24.3.2007)

1

| SV | |
| --- | --- |

SV

---

Rättelser

| 28.4.2007 | SV | Europeiska unionens officiella tidning | CA 94/1 |
| --- | --- | --- | --- |

28.4.2007

SV

Europeiska unionens officiella tidning

CA 94/1

---

Rättelse till meddelande om allmänt uttagningsprov: forskningsledare – prognosexpert – referens EF/TA/07/02

(
  Europeiska unionens officiella tidning C 68 A av den 24 mars 2007
  )

(2007/C 94 A/01)

På sidan 4 under titeln V. ANSÖKNINGAR, sjätte raden, skall det

i stället för:

”senast 20 april 2007”

vara:

”senast den 1 juni 2007”.

---
# EUR-Lex - 12008E180 - EN

Important legal notice

*|*

# 12008E180

**Consolidated version of the Treaty on the Functioning of the European Union - PART THREE: UNION POLICIES AND INTERNAL ACTIONS - TITLE XIX: RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE - Article 180 (ex Article 164 TEC) **

*
Official Journal 115 , 09/05/2008 P. 0129 - 0129 *

Article 180

(ex Article 164 TEC)

In pursuing these objectives, the Union shall carry out the following activities, complementing the activities carried out in the Member States:

(a) implementation of research, technological development and demonstration programmes, by promoting cooperation with and between undertakings, research centres and universities;

(b) promotion of cooperation in the field of Union research, technological development and demonstration with third countries and international organisations;

(c) dissemination and optimisation of the results of activities in Union research, technological development and demonstration;

(d) stimulation of the training and mobility of researchers in the Union.

--------------------------------------------------
§ 63.4 Other properties on which determinations of eligibility may be made by the Secretary of the Interior. ( a ) The Keeper of the National Register will make determinations of eligibility on properties nominated by Federal agencies under section 2(a) of Executive Order 11593 prior to returning the nominations for such properties to the agency for technical or professional revision or because of procedural requirements. Such determinations of eligibility will be made only if sufficient information exists to establish the significance of the property and its eligibility for the National Register
( b ) Any property or district removed from the National Register for procedural deficiencies in the nomination and/or listing process shall automatically be considered eligible for inclusion in the National Register without further action and will be published as such in the Federal Register.
( c ) If necessary to assist in the protection of historic resources, the Keeper, upon consultation with the appropriate State Historic Preservation Officer and concerned Federal agency, if any, may determine properties to be eligible for listing in the National Register under the Criteria established by 36 CFR part 60 and shall publish such determinations in the Federal Register. Such determinations may be made without a specific request from the Federal agency or, in effect, may reverse findings on eligibility made by a Federal agency and State Historic Preservation Officer. Such determinations will be made after an investigation and an onsite inspection of the property in question.
49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–595 

PROVIDING FOR CONSIDERATION OF H.R. 1956, BUSINESS 

ACTIVITY TAX SIMPLIFICATION ACT OF 2006 

JULY 24, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. GINGREY, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 939] 

The Committee on Rules, having had under consideration House 

Resolution 939, by a nonrecord vote, reports the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1956, the Business Activity Tax Simplification Act of 2006, under a closed rule. 

The rule provides one hour of debate in the House equally divided 

and controlled by the chairman and ranking minority member of 

the Committee on the Judiciary. The rule waives all points of order 

against consideration of the bill. 

The rule provides that the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. Finally, the rule provides one motion to recommit with or without instructions. 

EXPLANATION OF WAIVERS

The Congressional Budget Office has identified H.R. 1956 as containing an intergovernmental mandate as defined in the Unfunded 

Mandates Reform Act (UMRA), the cost of which is expected to exceed the annual threshold established by UMRA ($64 million in 

2006, adjusted annually for inflation). The waiver of all points of 

order against consideration of the bill includes a waiver of Section 

425(a) of the Congressional Budget Act (Unfunded Mandates Reform Act), which prohibits the consideration of legislation exceeding 

the Federal intergovernmental mandate threshold. 


ycherry on PROD1PC64 with REPORTS
2 

COMMITTEE VOTES

Pursuant to clause 3(b) of House rule XIII the results of each 

record vote on an amendment or motion to report, together with 

the names of those voting for and against, are printed below: 

Rules Committee record vote No. 236 

Date: July 24, 2006. 

Measure: H.R. 1956, Business Activity Tax Simplification Act of 

2006. 

Motion by: Mrs. Slaughter. 

Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Representative Conyers which ensures that the legislation does not take effect in a 

State until the Governor of that State certifies the Act will not reduce the State’s revenues affecting the State’s educational, health 

care, or homeland security needs. 

Results: Defeated 5 to 7. 

Vote by Members: Diaz-Balart—Nay; Hastings (WA)—Yea; Sessions—Nay; Putnam—Nay; Capito—Nay; Cole—Nay; Gingrey— 

Nay; Slaughter—Yea; McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Dreier—Nay. 

Æ 


ycherry on PROD1PC64 with REPORTS
§ 1110.12 Effect on other regulations; forms and instructions. ( a ) *Effects on other regulations.* Nothing in this part shall be deemed to supersede any of the following (including future amendments thereof): ( 1 ) Executive Orders 10925, 11114, and 11246, and regulations issued thereunder, or
( 2 ) Executive Order 11063 and regulations issued thereunder or any other regulations or instructions insofar as such order, regulations, or instructions prohibit discrmination on the grounds of race, color, or national origin in any program or situation to which this part is inapplicable, or prohibit discrimination on any other ground.
( b ) *Forms and instructions.* Each responsible Endowment official shall issue and promptly make available to interested persons forms and detailed instructions and procedures for effectuating this part as applied to programs to which this part applies and for which he is responsible.
( c ) *Supervision and coordination.* The Chairman of an Endowment may from time to time assign to other officials of the Endowment or to officials of other departments or agencies of the Government, with the consent of such departments or agencies, responsibilities in connection with the effectuation of the purposes of title VI of the Act and this part, including the achievement of effective coordination and maximum uniformity within the Endowment and within the executive branch of the Government in the application of title VI and this part of similar programs and in similar situations. Any action taken, determination made, or requirement imposed by an official of another department or agency acting pursuant to an assignment of responsibility under this subsection shall have the same effect as though such action had been taken by the responsible official of this agency.
Exhibit 4.1


 


Advisors Asset Management, Inc.

18925 Base Camp Road

Monument, Colorado 80132


August 7, 2020


 


Advisors Disciplined Trust 2024


c/o The Bank of New York Mellon, as Trustee


BNY Atlantic Terminal


2 Hanson Place, 12th Floor


Brooklyn, New York 11217


 


Re: Advisors Disciplined Trust 2024 (the “Fund”)


Ladies and Gentlemen:


We have examined
the Registration Statement File No. 333-237686 for the above captioned Fund. We hereby consent to the use in the Registration Statement
of the references to Advisors Asset Management, Inc. as evaluator.


You are hereby authorized
to file a copy of this letter with the Securities and Exchange Commission.


 


	 	Very truly yours,
	 	 	 
	 	Advisors Asset Management, Inc.
	 	 	 
	 	 	 
	 	By	/s/ ALEX R. MEITZNER
	 	 	Alex R. Meitzner
	 	 	Senior Vice President
Exhibit
32.1





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 Annual Report of
SRKP 14, Inc. (the "Company") on Form 10-K for the fiscal year ended December
31, 2009 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Richard A. Rappaport, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to
my 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.





/s/ Richard A. RappaportRichard
      A. RappaportPrincipal
      Executive OfficerMarch
      23, 2010
SENATE OF THE UNITED STATES 

ONE HUNDRED SECOND CONGRESS 

Convened January 3, 1991 

FIRST SESSION { Adjourned January 3, 1992 

Convened January 3, 1992 

SECOND SESSION { 

EXECUTIVE CALENDAR 

Friday, April 10, 1992 

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. By 

1 EX. B., Two Related Protocols to the Convention for Feb 5 91 Reported favorably 

95-1 the Unification of Certain Rules Relating by Mr. Pell, Committee on 

to International Carriage by Air, as Foreign Relations, with a 

Amended (Montreal Aviation Protocols No. 3 resolution of advice and 

and 4). consent to ratification 

with provisos. (Printed 

report--Ex. Rept. 102-1 

together with minority 

views).
EXHIBIT 32.1



CERTIFICATION OF CEO AND CFO PURSUANT TO

18 U.S.C. § 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-Q of Private Media Group, Inc. (the Company) for the quarterly period ending March 31, 2004
as filed with the Securities and Exchange Commission on the date hereof (the Report), Berth Milton, President and Chief Executive Officer of the Company, and Johan Gillborg, Vice President, Chief Financial Officer and Chief Accounting
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, to the best of his knowledge, 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 the Company.



|                                    
|------------------------------------
|                                    
|/s/    BERTH MILTON                 
|                                    
|Berth Milton Chief Executive Officer



|                                      
|--------------------------------------
|May 13, 2004                          
|                                      
|/s/    JOHAN GILLBORG                 
|                                      
|Johan Gillborg Chief Financial Officer



May 13, 2004



This certification accompanies this Report pursuant to § 906 of the Sarbanes-Oxley Act
of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of § 18 of the Securities Exchange Act of 1934, as amended.



- 22 -
EXHIBIT
32.1




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 Annual Report of Freedom 5, Inc. (the “Company”) on Form
10-K for the period ended December 31, 2008 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Virginia K. Sourlis,
certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and
belief:





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.




Dated:
      February 27, 2009
                        By:
                        /s/ Virginia
      K. SourlisVirginia
      K. Sourlis
                          President
      and Director(Principal
      Executive Officer
                          and
      Principal Financial
Officer)
#### § 1250.14 Preservation of FOIA-related records.

Each NARA component preserves all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until Title 44 of the United States Code or NARA's General Records Schedule 4.2 authorizes disposition or destruction. Records will not be disposed of while they are the subject of a pending request, appeal, or lawsuit under the FOIA.

[79 FR 56504, Sept. 22, 2014, as amended at 82 FR 8902, Feb. 1, 2017]
# PAC Table 11b

&"Arial,Bold"&10&KFF0000This table was generated on 8/25/20.