alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* 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opinion should not be published and is not precedent except under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 23, 2006

Charles R. Fulbruge III

Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-30006

Summary Calendar

FREDDIE C. GADDIS,

Plaintiff-Appellant,

versus

UNION PACIFIC RAILROAD CO.,

Defendant-Appellee.

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 3:04-CV-1222

Before GARWOOD, HIGGINBOTHAM and DAVIS, Circuit Judges.

PER CURIAM: *

Freddie C. Gaddis, proceeding pro se here and below, has

appealed the district court’s order denying his motion for relief,

under F ED

. R. C IV

. P. 60(b), from the district court’s judgment

dismissing his complaint seeking relief under the Federal Employers

Liability Act.2

Gaddis, proceeding pro se

, filed his suit in May 1996 in

respect to injuries he allegedly received in July 1977. Union

Pacific Railroad Co., suc cessor by merger to the named defendant

Mis souri Pacific Railroad Co., moved for summary judgment on the

basis that Gaddis’s claim was barred by limitations. The district

court granted the motion for summary judgment and dism issed

Gaddis’s suit with prejudice. Gaddis timely appealed to this

court, but thereafter, in April 1998, this court dismissed his

appeal for want of prosecution.

Gaddis’s instant Rule 60(b) motion was filed in June 2004. In

that motion Gaddis claims that the defendant fraudulently “duped”

him into not responding to its limitations-based motion for summary

judgment by telling him that the court “was not going to grant” the

motion.

Gaddis does not argue on appeal that the district court erred

in treating his pleading as a motion pursuant to Rule 60(b), rather

than as an independent action asserting fraud on the court pursuant

to the savings clause of Rule 60(b). See F E D

. R. C IV

. P. 60(b);

Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.

1989).

To the extent that Gaddis sought relief based on fraud, under

F ED

. R. C IV

. P. 6 0(b)(3), the motion was untimely. To the extent

that he sought relief based on a void judgment, under F ED

. R. C IV

.

P. 60(b)(4), Gaddis has not shown that the district court acted3

“outside its legal powers.” C arter v. Fenner

, 136 F.3d 1000, 1005

(5th Cir. 1998).

Because the appeal is without arguable merit, it is DISMISSED

AS FRIVOLOUS . See Howard v. King , 707 F.2d 215, 219-20 (5th Cir.

1983); 5 TH C IR

. R. 42.2.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 874 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                 S. 874

 To direct the Secretary of Labor to modify the implementation of the 
            adverse effect wage rate for H-2A nonimmigrants.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 16, 2023

Mr. Ossoff (for himself and Mr. Tillis) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of Labor to modify the implementation of the 
            adverse effect wage rate for H-2A nonimmigrants.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Farm Operations Support Act''.

SEC. 2. MODIFIED IMPLEMENTATION OF ADVERSE EFFECT WAGE RATE FOR H-2A 
              NONIMMIGRANTS.

    The Secretary of Labor shall ensure that the adverse effect wage 
rate required to be paid under section 655.1308 of title 20, Code of 
Federal Regulations, to nonimmigrants admitted under section 
101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)(H)(ii)(a)), that was in effect in a State on December 1, 
2022, remains the adverse effect wage rate for such employees in that 
State through December 31, 2023.
                                 <all>
```
**Examples of Hydronic Heater Cost Inputs**

 Number of units shipped/year: 13,385 (F&S, 2008 - N orth A merica ) , 67,546 (NESCAUM OWB report, 2006), 44,600 (NY Smoke report, estimated 2007 sales)  Avg. sales p rice to dealers : $7,433 ($5,000 to $35,000, F&S, 2008), $7,660 (NY Smoke report, 2007)  27 Manufacturers (NESCAUM OWB report, 2006)  1 1 EPA Phase 2 partners, 20 EPA Phase 1 partners o 1 7 models certified for Phase 2 with more pending o According to one manufactuer, some units that have passed the emission testing may not reach the market place because of safety issues, durability issues or consumer cost  Timeframe to develop new model lines: 1 – 2 years  Phase 2 models cost approximately $1,500 to $3,000 more to manufacture than existing comparable models . It co uld take from 

### 4 to 6 1⁄2 years to recover the additional capital costs via lower operating costs.  Cost of certification t esting: $ 20,000 to $ 25,000  Certified units require additional marketing and training costs to ensure dealer acceptance, although many are popular models, even in states that do not have emission limits
**EXHIBIT 32.1**Each of, Edwin L. Adler, Chief Executive Officer, and James W. Distelrath, Chief Financial Officer,of Clarkston Financial Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:(1) the Quarterly Report on Form 10-QSB for the quarterly period ended June 30, 2006 which thisstatement accompanies fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, and(2) the information contained in the Quarterly Report on Form 10-QSB for the quarterly period endedJune 30, 2006 fairly presents, in all material respects, the financial condition and results ofoperations of Clarkston Financial Corporation.Date: August 10, 2006              /s/ Edwin L. Adler   Edwin L. Adler   Chief Executive Officer            /s/ James W. Distelrath   James W. Distelrath   Chief Financial Officer
#### § 2509.26 What is the effect of rescinded guidance documents?

CNCS may not cite, use, or rely on rescinded guidance documents, except to establish historical facts.
#### § 1603.7 When will LSC certify the authenticity of records?

Upon request, LSC will certify the authenticity of copies of records that are to be disclosed. The requesting party will be responsible for reasonable fees for copying and certification.
**Exhibit 4.56**

29th March 2009, 

Vedanta Resources Plc 

Hill House, 1 Little New Street, 

London

**Re: Consent for extension of Management Consultancy and Representative office fees agreement dated 29th March 2005.**

Dear Sirs, 

We would like todraw your attention to the Management Consultancy Agreement for US$ 3 Million and Representative Office Fees for US$ 2 Million between Sterlite Industries India Limited and Vedanta Resources Plc dated 29th March 2005 originally valid till 31st March 2009 

The matter is deliberated with SIIL Management and is proposed to extend the contracts for Management Consultancy and Representative Office for a furtherperiod of three years. 

We convey our acceptance for extension of existing contracts on the same terms and conditions. 

We request you to please confirm the same. 

**For Sterlite Industries India Limited**

Vinod Bhandawat 

Chief Financial Officer

We convey our acceptance on the existing terms to above extension for a period of three years i.e. from 1st April 2009 to 31st March 2012. 

**For Vedanta Resources Plc**

 

/s/ D D Jalan 

D D Jalan 

Chief Financial Officer
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 105 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
S. J. RES. 105

    Providing for congressional disapproval of the proposed foreign 
    military sale to the Kingdom of Saudi Arabia of certain defense 
                         articles and services.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2024

  Mr. Paul introduced the following joint resolution; which was read 
        twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Providing for congressional disapproval of the proposed foreign 
    military sale to the Kingdom of Saudi Arabia of certain defense 
                         articles and services.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That the following proposed 
foreign military sale to the Kingdom of Saudi Arabia is prohibited:
            (1) The sale of the following defense articles and 
        services, described in Transmittal No. 24-43, submitted to 
        Congress pursuant to section 36(b)(1) of the Arms Export 
        Control Act (22 U.S.C. 2776(b)(1)), and published in the 
        Congressional Record on July 29, 2024: follow-on logistics 
        support and services, including for Joint Mission Planning 
        Software (JMPS) hardware and support; KIV-77/78 cryptographic 
        devices and support; spares and repair parts, consumables and 
        accessories, and repair and return support; calibration support 
        and test equipment; ground and personnel equipment; classified 
        and unclassified software and software support, classified and 
        unclassified publications and technical documentation; 
        personnel training and training equipment; U.S. Government and 
        contractor engineering, technical, and logistics support 
        services; and other related elements of logistics and program 
        support, in support of, but not limited to, KC-130J, C-130, E-
        3, RE-3, KE-3, KA 350, Bell 212, and Bell 412 aircraft.
                                 <all>
```
#### Gay H. Baum, Appellant, *v.*United States Trust Company of New York et al., as Executors of and Trustees under the Will of Mary A. Flanagan, Deceased, et al., Respondents.

*Baum*v. *United States Trust Oo.,*126 App. Div. 904, affirmed.

(Argued January 13, 1909;

decided January 29, 1909.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 27, 1908, modifying and affirming as modified a judgment in in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term in an action by the owner of a life interest in the income of a certain trust fund to obtain possession of the principal thereof on giving security for its return or to obtain the payment of a gross sum in lien of the income on said principal.

*John M. Harrington*for appellant.

*A. B.*Morrison, *James C. de la Mare*and *Edward V. Farley*for respondents.

Judgment affirmed, with costs ; no opinion.

Concur: Cullen, Ch. J., Gray, Edward T. Bartlett, Haight, Yann, Werner and Hisoock, JJ.
Form 8907

Department of the Treasury 

Internal Revenue Service

Nonconventional Source Fuel Credit

▶ Attach to your tax return. 

▶ Information about Form 8907 and its separate instructions is at www.irs.gov/form8907.

OMB No. 1545-2008

2014

Attachment 

Sequence No. 146

Name(s) shown on return Identifying number

(a) 

Reserved

(b) 

Reserved 

1 Reserved

2 Reserved . . . . . . . . . . . . . . . . . . . .

3 Reserved . . . . . . . . . . . . . . . . . . . .

4 Reserved . . . . . . . . . . . . . . . . . . . .

5 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

6a Reserved . . . . . . . . . . . . . . . . . . . . . 6a

b Reserved . . . . . . . . . . . . . . . . . . . . . 6b

c Reserved . . . . . . . . . . . . . . . . . . . . . 6c .

d Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6d

7 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

8a Reserved . . . . . . . . . . . . . . . . . . . . . 8a

b Reserved . . . . . . . . . . . . . . . . . . . . . 8b

c Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8c

9 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

10a Reserved . . . . . . . . . . . . . . . . . . . . . 10a

b Reserved . . . . . . . . . . . . . . . . . . . . . 10b

c Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10c

11 Reserved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

12 Nonconventional source fuel credit from partnerships, S corporations, estates, and trusts (see 

instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

13 Add lines 11 and 12. Estates and trusts, go to line 14. Partnerships and S corporations, stop here 

and report this amount on Schedule K. All others, stop here and report this amount on Form 3800, 

Part III, line 1o . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

14 Amount allocated to beneficiaries of the estate or trust (see instructions) . . . . . . . . . 14

15 Estates and trusts, subtract line 14 from line 13. Report this amount on Form 3800, Part III, 

line 1o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 37716X Form 8907 (2014)
SENATE OF THE UNITED STATES 

ONE HUNDRED SEVENTH CONGRESS 

RST SESSIO { CONVENED JANUARY 3, 2001 

FI N ADJOURNED DECEMBER 20, 2001 

SECOND SESSION { CONVENED JANUARY 23,2002 

EXECUTIVE CALENDAR 

Tuesday, April 16, 2002 

PREPARED UNDER THE DIRECTION OF JERI THOMSON, 

SECRETARY OF THE SENATE 

By Michelle Haynes, Executive Clerk 

Issue No. 42 
1 

RESOLUTIONS 

CALENDAR Ex.RES REPORTED 

No. No. SUBJECT BY 

' 
2 

TREATIES 

CALENDAR TREATY REPORTED 

No. Doc. No. SUBJECT BY 

1 106-41 Protocol Relating to the Madrid Agreement Nov 15, 2001 Reported favorably by 

Mr. Biden, Committee on Foreign 

Relations with printed Ex. 

Rept.107-1 and a resolution of 

advice and consent to ratification 

with one understanding, four 

declarations, and two conditions. 
3 

NOMINATIONS 

CALENDAR MESSAGE REPORTED 

No. No. NOMINEE, OFFICE, AND PREDECESSOR BY 

INTERNATIONAL JOINT COMMISSION, 

UNITED STATES AND CANADA 

403 851 Dennis L. Schornack, of Michigan, to be Sep 25, 2001 Reported by Mr. 

Commissioner on the part of the United States Biden, Committee on Foreign 

on the International Joint Commission, United Relations, without printed report. 

States and Canada, vice Thomas L. Baldini. 

DEPARTMENT OF LABOR 

471 875 Eugene Scalia, of Virginia, to be Solicitor for the Oct 17, 2001 Reported by Mr. 

Department of Labor, vice Henry L. Solano, Kennedy, Committee on Health, 

resigned. Education, Labor, and Pensions, 

without printed report. 

DEPARTMENT OF TRANSPORTATION 

: 665 1035 Emil H. Frankel, of Connecticut, to be an Dec 19, 2001 Reported by Mr. 

Assistant Secretary of Transportation, vice Hollings, Committee on 

Eugene A. Conti, Jr., resigned. Commerce, Science, and 

Transportation, without printed 

report. 

' 666 1129 Jeffrey Shane, ofthe District of Columbia, to be Dec 19, 2001 Reported by Mr. 

Associate Deputy Secretary of Transportation, Hollings, Committee on 

vice Stephen D. Van Beek, resigned. Commerce, Science, and 

Transportation, without printed 

report. 

THE JUDICIARY 

760 1323 Lance M. Africk, of Louisiana, to be United States Apr 11,2002 Reported by Mr. 

District Judge for the Eastern District of Leahy, Committee on the 

Louisiana, vice Edith Brown Clement, Judiciary, without printed report. 

elevated. 

761 1331 Legrome D. Davis, of Pennsylvania, to be United Apr 11, 2002 Reported by Mr. 

States District Judge for the Eastern District Leahy, Committee on the 

of Pennsylvania, vice Edmund V. Ludwig, Judiciary, without printed report. 

retired. 

*Signifies nominee's commitment to respond to requests to appear and testify before any duly constituted committee of the Senate 
4 

NOMINATIONS PLACED ON THE SECRETARY'S DESK
| 1.   | The Agreement and all rights and obligations thereunder are hereby terminated effective immediately. |
|----------------|------------------------------------------------------------------------------------------------------|

| 2.   | All products due to be delivered under the Agreement have been delivered and all amounts due thereunder have been settled and no monies or products are due thereunder. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 3.   | Each party warrants and represents that this termination agreement has been duly authorized by its board of directors. |
|----------------|------------------------------------------------------------------------------------------------------------------------|

| Umami Sustainable Seafood Inc.  (formerly known as Lions Gate Lighting Corp.) |   |   | Atlantis Group HF       |   |
|-----------------------------------------------------------------------------------------|--------|--------|-------------------------|--------|
|                                                                                    |   |   |                    |   |
| /s/ Oli Valur Steindorsson                                                              |   |   | /s/ Arni Pall Einarsson |   |
| Name:                                                                                   |   |   | Name:                   |   |
| Title: Chairman/CEO                                                           |   |   | Title: CEO              |   |
§ 2490.160 Communications. ( a ) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. ( 1 ) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. ( i ) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individual with handicaps.
( ii ) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature.
( 2 ) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used to communicate with persons with impaired hearing.
( b ) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.
( c ) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility.
( d ) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 2490.160 would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this section would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity.
[Nos. 3994 and 3995.]

#### August Vogt *v.*The State.

Practice—Cases Stated.—In each of these two cases, the defendant prosecuted to the county court an appeal from conviction in the justice’s court for a violation of the Sunday law. The State moved the county court to dismiss the appeals because of improperly certified transcripts from the justice’s court. These motions were met by motions of the defendant for certiorari to bring up perfect records. The county court overruled the defendant’s motions and dismissed the appeals. *Held,*error. The motions of the State should have been overruled, and the certioraris awarded,

Appeal from the County Court of Jack. Tried below before the Hon. H. P. Jones, County Judge.

A fine of ten dollars in each case was assessed against the appellant, upon his conviction for performing labor on Sunday.

The opinion states the cases.

No brief for the appellant has reached the Reporters.

*J. H. Burts,*Assistant Attorney General, for the State.

Opinion delivered May 15, 1886.

White, Presiding Judge.

Both these cases were prosecutions instituted on complaint and information in a justice’s court, charging appellant with laboring on Sunday, in violation of Article 183, Penal Code. Judgment was rendered in the justice’s court finding defendant guilty, and imposing a fine upon him. Appeal was taken to the county court. Motion was there made by the county attorney to dismiss the appeal for want of a properly certified transcript from the justice’s court. Appellant made a counter motion for a writ of certiorari to the justice, to send up a more perfect and complete transcript. The motion for certiorari was overruled, and the motion to dismiss was sustained, and the appeal dismissed. These judgments were erroneous. The writ of certiorari should have been granted. The questions being identical in both these cases, both judgments are reversed and both causes remanded for new trials. .

*Reversed and remanded.*
§ 2515.10 What are the service-learning programs of the Corporation for National and Community Service? ( a ) There are three service-learning programs: ( 1 ) School-based programs, described in part 2516 of this chapter.
( 2 ) Community-based programs, described in part 2517 of this chapter.
( 3 ) Higher education programs, described in part 2519 of this chapter.
( b ) Each program gives participants the opportunity to learn and develop their own capabilities through service-learning, while addressing needs in the community.
[59 FR 13786, Mar. 23, 1994]