alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Grafton,

No. 5249.

#### Matthew S. Gile *v.*Lebanon.

Argued September 11, 1964.

Decided October 6, 1964.

*Alfred Catalfo, Jr.*(by brief and orally), for the plaintiff.

*William E. Lovejoy*(by brief and orally), for the defendant.

*40Wheeler, J.

The plaintiff is owner of certain premises in Lebanon, being Nos. 23, 31, 39 and 43 Court Street. Water is furnished to these buildings by the defendant’s water department through a single service entrance to No. 31 Court Street in which there are located three meters, one for No. 23, one for No. 31 and one for Nos. 39 and 43. No. 43 has a separate meter in the building. No. 39 is a two-apartment house.

On December 1, 1962 the plaintiff ñotified the defendant by letter that after January 1st he would no longer furnish water to his tenants and would no longer be responsible for their unpaid bills.

The plaintiff made no request that the water other than to the store at No. 23 be shut off. He was advised by the city manager that the water would be shut off at No. 23, but that metering of each apartment in No. 39 could not be allowed “because tenant or rental users are too transient.”

The city manager and the plaintiff examined plaintiff’s properties and the city manager then determined it was not feasible to locate a meter for the second apartment in No. 39, at least in the absence of a separate entrance. At the same time plaintiff was requested, in order to avoid having the water shut off, to pay a past-due water bill of $75 for water used by plaintiff and his tenants. The plaintiff paid the bill under protest. At no time did any of the plaintiff’s tenants apply for separate water service and meters.

The defendant’s position is that it does not look to tenants to pay water bills but to the owner. The city is willing to bill each meter separately but would send the bill to tire owner. The plaintiff’s position boiled down seems to be that he does not wish to be responsible for his tenants’ delinquent water bills with the resultant lien on his real estate.

The Legislature may authorize a public utility, such as a water company, to refuse to deal with the tenants of premises which it is under obligation to supply. 43 Am. Jur., Public Utilities and Services,, s. 62, *p.*610. RSA 38:22 provides that “all charges . . . for . . . water . . . furnished to patrons in any municipality operating municipally owned . . . water . . . works, shall become a lien upon any real estate where such . . . water . . . is furnished.” We hold this constitutes legislative authority for the defendant to insist on charging the plaintiff landlord for water furnished to his tenants. See *Whitefield &c. District*v. *Bobst,*93 N. H. 229.

*41We do not think the defendant’s conduct was unreasonable in refusing to install extra meters or that any constitutional question is presented by its demand for payment of unpaid water bills for water furnished to the plaintiff’s real estate.

*Exceptions overruled.*

All concurred.
§ 260.71 What definitions apply to this subpart? ( a ) *Inconsistent* means that complying with the TANF work participation or sanction requirements at section 407 of the Act or the time-limit requirement at section 408(a)(7) of the Act would necessitate that a State change a policy reflected in an approved waiver.
( b ) *Waiver* consists of the work participation or time-limit component of the State's demonstration project under section 1115 of the Act. The component includes the revised AFDC requirements indicated in the State's waiver list, as approved by the Secretary under the authority of section 1115, and the associated AFDC provisions that did not need to be waived.
( c ) *Control group* and *experimental group* have the meanings specified in the terms and conditions of the State's demonstration.
Equity Transfer Agreement
 Agreement
 Transferor: Wang Guoyu Party A
  Transferee: Jiangsu Linyang Solarfun Co., Ltd. Party B
  Shanghai Linyang Solar Technology Co., Ltd. Target
 Article 1 Subject of the Equity Transfer and Purchase Price
 (i)
    
    Party A agrees to transfer the 2% equity interest of the Target for consideration of
RMB100,000.(ii)
    
    All the rights affiliated
with the equity interest shall be transferred together with the equity interest.(iii)
    
    Within 30 days upon the
execution of this Agreement, Party B shall pay the total equity
purchase price.
 Article 2 Undertakings and Warranties
  Article 3 Default Liabilities
  Article 4 Dispute Resolution




---



##### 



Article 5 Miscellaneous
 (i)
    
    This Agreement shall be made in four counterparts, with one for each Party, two for
the Target.(ii)
    
    This Agreement shall become effective upon the execution.
 Party A: /s/ Guoyu Wang
    
    Party B: Jiangsu Linyang
Solarfun Co., Ltd.
(Seal affixed)
**EXHIBIT 32.2**

**CERTIFICATION PURSUANT TO**

**18 U.S.C. §1350,**

**AS ADOPTED PURSUANT TO**

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

In connection with the Annual Report of EnteroMedics Inc. (the Company) on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the datehereof (the Report), I, Greg S. Lea, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §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 andresults of operations of the Company. 

 

March 7,2011
§ 2301.110 Self-evaluation. ( a ) The agency shall, by November 28, 1994, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.
( b ) The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the self-evaluation process by submitting comments (both oral and written).
( c ) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: ( 1 ) A description of areas examined and any problems identified; and
( 2 ) A description of any modifications made.
§ 260.33 When are expenditures on State or local tax credits allowable expenditures for TANF-related purposes? ( a ) To be an allowable expenditure for TANF-related purposes, any tax credit program must be reasonably calculated to accomplish one of the purposes of the TANF program, as specified at § 260.20.
( b ) ( 1 ) In addition, pursuant to the definition of expenditure at § 260.30, we would only consider the refundable portion of a State or local tax credit to be an allowable expenditure.
( 2 ) Under a State Earned Income Tax Credit (EITC) program, the refundable portion that may count as an expenditure is the amount that exceeds a family's State income tax liability prior to application of the EITC. (The family's tax liability is the amount owed prior to any adjustments for credits or payments.) In other words, we would count only the portion of a State EITC that the State refunds to a family and that is above the amount of EITC used as credit towards the family's State income tax liability.
( 3 ) For other refundable (and allowable) State and local tax credits, such as refundable dependent care credits, the refundable portion that would count as an expenditure is the amount of the credit that exceeds the taxpayer's tax liability prior to the application of the credit. (The taxpayer's liability is the amount owed prior to any adjustments for credits or payments.) In other words, we would count only the portion of the credit that the State refunds to the taxpayer and that is above the amount of the credit applied against the taxpayer's tax bill.
49–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 109–691 

WAIVING A REQUIREMENT OF CLAUSE 6(a) RULE XIII WITH RESPECT TO 

THE SAME DAY CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED 

BY THE RULES COMMITTEE 

SEPTEMBER 27, 2006.—Referred to the House Calendar and ordered to be printed 

Mr. PUTNAM, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1046] 

The Committee on Rules, having had under consideration House 

Resolution 1046, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution waives clause 6(a) of rule XIII (requiring a twothirds vote to consider a rule on the same day it is reported from 

the Rules Committee) against certain resolutions reported from the 

Rules Committee. The rule applies the waiver to any special rule 

reported on the legislative day of September 28, 2006, providing for 

consideration or disposition of any of the following measures: 

(1) A bill to authorize trial by military commission for violations 

of the law of war, and for other purposes. 

(2) A bill to update the Foreign Intelligence Surveillance Act of 

1978. 

(3) A conference report to accompany the bill (H.R. 5441) making 

appropriations for the Department of Homeland Security for the 

fiscal year ending September 30, 2007, and for other purposes. 

Finally, the rule provides that House Resolutions 654 and 767 

are laid upon the table. 

Æ 


CColeman on PROD1PC71 with HEARING
Editorial Note on Part 46
Editorial Note: The Department of Health and Human Services issued a notice of waiver regarding the requirements set forth in part 46, relating to protection of human subjects, as they pertain to demonstration projects, approved under section 1115 of the Social Security Act, which test the use of cost—sharing, such as deductibles, copayment and coinsurance, in the Medicaid program. For further information see 47 FR 9208, Mar. 4, 1982.

§ 46.303 Definitions. As used in this subpart: ( a ) *Secretary* means the Secretary of Health and Human Services and any other officer or employee of the Department of Health and Human Services to whom authority has been delegated.
( b ) *DHHS* means the Department of Health and Human Services.
( c ) *Prisoner* means any individual involuntarily confined or detained in a penal institution. The term is intended to encompass individuals sentenced to such an institution under a criminal or civil statute, individuals detained in other facilities by virtue of statutes or commitment procedures which provide alternatives to criminal prosecution or incarceration in a penal institution, and individuals detained pending arraignment, trial, or sentencing.
( d ) *Minimal risk* is the probability and magnitude of physical or psychological harm that is normally encountered in the daily lives, or in the routine medical, dental, or psychological examination of healthy persons.
#### J. Hewitt Morgan et al., as Trustees under the Will of David P. Morgan, Deceased, Appellants, *v.*United States Mortgage and Trust Company, Respondent.

Reported below, 125 App. Div. 22.

(Argued January 4, 1909;

decided January 12, 1909.)

Motion for leave to withdraw an appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 6, 1908, which reversed *537a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial and granted a new trial. The motion was made upon the ground that the reversal by the Appellate Division was upon the facts as well as the law.

*George M. Mackellar*for motion.

*Julian T. Davies, Jr.,*opposed.

Motion granted upon payment, within twenty days, of the taxable costs, excluding argument fee.
§ 400.68 Notification to local resettlement agency. ( a ) The State must notify promptly the local resettlement agency which provided for the initial resettlement of a refugee whenever the refugee applies for refugee cash assistance under a publicly-administered RCA program.
( b ) The State must contact the applicant's sponsor or the local resettlement agency concerning offers of employment and inquire whether the applicant has voluntarily quit employment or has refused to accept an offer of employment within 30 consecutive days immediately prior to the date of application, in accordance with § 400.77(a).
§ 506.18 Entitlement of survivors to award in case of death of prisoner of war. In case of death of a prisoner of war who would have been entitled to an award of compensation under section 6(f) (2) and (3) of the War Claims Act of 1948, as amended, the compensation will be awarded, if claim is made, only to the following persons: ( a ) Widow or husband if there is no child or children of the deceased;
( b ) Widow or husband and child or children of the deceased, one-half to the widow or husband and the other half to the child or children of the deceased in equal shares;
( c ) Child or children of the deceased (in equal shares) if there is no widow or husband; and
( d ) Parents (in equal shares) if there is no widow, husband or child.
Exhibit (10)(a)

    

    

    

    

    

    

    Consent of Independent Registered Public Accounting Firm

    

    

    

    

    We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in
      Post-Effective Amendment No. 18 to the 1933 Act Registration Statement (Form N-4 No. 333-175888) and Amendment No. 558 to the 1940 Act Registration
      Statement (Form N-4 No. 811-05721), and to the use therein of our reports dated (a) March 13, 2020, with respect to the consolidated financial statements of The Lincoln National Life Insurance Company and (b) April 15, 2020, with respect to the financial statements of Lincoln National Variable Annuity
      Account H for the registration of interests in a separate account under individual flexible payment deferred variable annuity contracts.

    

    

    

    

    

    

    

    

    /s/ Ernst & Young LLP

    Philadelphia, Pennsylvania

    June 5, 2020
Exhibit 32.1

CERTIFICATIONS OF THE CHIEF EXECUTIVE OFFICER AND THE CHIEF FINANCIAL

OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. Section 1350)

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
Remi Barbier, Chairman of the Board of Directors, President and Chief Executive Officer and Peter S. Roddy, Vice President and Chief Financial Officer of Pain Therapeutics, Inc. (the Company), hereby certify that to the best of our
knowledge:



| | 1. | The Companys Periodic Report on Form 10-Q for the period ended June 30, 2009, and to which this certification is attached as Exhibit 32.1 (the Periodic
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 Periodic Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: August 5, 2009/s/    REMI BARBIERRemi Barbier,Chairman of the Board of Directors,President and Chief Executive Officer/s/    PETER S. RODDYPeter S. Roddy,Vice President and Chief Financial Officer
OFFlCEOFTHEAlTORNEY GENERALOFTEXAS **AUSTIN**

HonorableHarry 3. Sohulz CountyAttorney Live Oak County oeorgewest, 'i'smu
Dear 81rr

has been roes1 ha intereatuf 0 au6Uef8

Biver a River Con86r-~, ion M ibtrfat

. aatlng aa apinlon,
the rallorimgquestioat

on Distrlota8 ,#ey deem proper in ttesrs oi flood watrol on the Rneaea

Vur6uant to the above order, X, ae Ccmnt~ Attorney,here been requestedto write ytm for an opinion on the 1egalit.y~ of tho above appropriat%on.*Ronorable Harry J. Schulz, June 8, 1939, page $2

The ,Nuecea

River Coneervatlon and ReclamationDiatrlct is a governmantelagenoy end body politic **and** oorporate wlth the power of governing end with delegated authority. Such districtwas createdby Acts of 1995, Fortyfourth Legislature,First Called ~saion, page 1660, Chaptar **427.** Te have read the **Act** very oarafullyand nowhere In the Act do we find where the Leglalaturagave the oomiasfonars* court8 of the various oountleain the districtthe powar to grant loans or advancemoney to the ReclamationDlatrlot.

Furthermore,there **are** 88rersl oountiasin the dIstriot **and** when this money is turned over to the **offlosrs** of the district to be used in the m&tar of blood oontral as **tbs** Nueaes Biver, It Is not osly possiblebut probable that theMnay would be erpendad in another oounty. The money aan appropriatedwould **be** oompletalyout or the bands of the nommlasionersand would **be aontrollad**  by the oiiiosra oi tha .~Peolsmstion

Distriot,whiah is In itself & '(pnarmantal agenay, It has long bean sssousoadin Texas that -ssioners~ oourts sre aourta o?Umitad jurisd.lotloninj$sttheir .uuthority

**43rtena8** only to~Mttsrs psrtsisi~-to,thslirraspaatits aoxuities

and that their powaqs am,onIy those akprasslyor ixpliadly **oonfarmd** npon them by law.. Amar~aaan Soraty~Cmgmty T. Hill County, 267 8. 111. 265; Xl Paso tr Xlam 106“Sr 9. (2d) 598; &ward T. HendersonCounty, lid 8. XI (?!&?9; Xill County T. Bryant and Euffman, 264 8. W. 820; Comds8ioness* cool-t t. wallaaoa,

1s s. wq 0%) sss. <'., In the last oasa oited in anpport of this proposItIon the aourt tiaid:

The aomni~7sioners~ court 18 a oreattm of tbs Stats Constltutlomsnd its powers are lim$tad asd oontrollad by the Constitution ssd the.lawsas passad by tha legislatura.* In view or the authoritiesolted above, the oommissiosera* oourt would have to have aosm express or **implied** authority to appropriatemoney from the general fund of a oounty to a River Consarration aml RaolamationDlatrlot to be mad by It8 orri0ers.Fionorsble Harry J. Schulz,June 8, 1939, psga #3

7re have made an exhsustlvesearch of the Constitution and the Statutesof Texas, Includingthe Act oraating this district,and have found no express or impliedauthority anywhere for the comiasioners* court to make such appropriation.

Therefore

, you are respeotfully advleed thet It la the opinion of **this** departmentthat auoh appropriation of funda by the oommisaioners* oourt ia illegal. Trusting that this answers yaw quaation,we ramain

B

ATTORNEY CBRlSRAL O? TXAS
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 86 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
S. J. RES. 86

  Providing for congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the United States Fish and 
 Wildlife Service relating to ``Endangered and Threatened Wildlife and 
           Plants; Regulations for Interagency Cooperation''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2024

 Mr. Sullivan (for himself, Ms. Lummis, Mr. Ricketts, Mrs. Capito, Mr. 
 Daines, Mr. Lee, Mr. Barrasso, Mr. Risch, Mr. Rounds, Mrs. Britt, Mr. 
   Wicker, Mr. Crapo, Mrs. Blackburn, Mr. Marshall, and Mr. Hoeven) 
  introduced the following joint resolution; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for congressional disapproval under chapter 8 of title 5, 
United States Code, of the rule submitted by the United States Fish and 
 Wildlife Service relating to ``Endangered and Threatened Wildlife and 
           Plants; Regulations for Interagency Cooperation''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the United States Fish and Wildlife Service relating 
to ``Endangered and Threatened Wildlife and Plants; Regulations for 
Interagency Cooperation'' (89 Fed. Reg. 24268 (April 5, 2024)), and 
such rule shall have no force or effect.
                                 <all>
```
#### § 2551.26-2551.33 [Reserved]
§ 284.50 What information will we use to determine the child poverty rate in each Territory? ( a ) Our intent is that, to the extent that reliable data are available and the procedures are appropriate, the Territories must meet the requirements in §§ 284.11 through 284.45 as specified for the 50 States and the District of Columbia.
( b ) When reliable Census Bureau data are available for the Territories, we will: ( 1 ) Notify the Territories through guidance of our intent to use these data in the implementation of this part; and
( 2 ) Begin the process by providing to each Territory the number and percent of children in poverty in each jurisdiction, as specified in § 284.20(b).
§ 1630.2 Definitions. As used in this part: ( a ) *Corrective action* means action taken by a recipient that: ( 1 ) Corrects identified deficiencies;
( 2 ) Produces recommended improvements; or
( 3 ) Demonstrates that audit or other findings are either invalid or do not warrant recipient action.
( b ) *Derivative income* means income earned by a recipient from LSC-supported activities during the term of an LSC grant or contract, and includes, but is not limited to, income from fees for services (including attorney fee awards and reimbursed costs), sales and rentals of real or personal property, and interest earned on LSC grant or contract advances.
( c ) *Disallowed cost* means those charges to an LSC award that LSC determines to be unallowable, in accordance with the applicable statutes, regulations, or terms and conditions of the grant award.
( d ) *Final written decision* means either: ( 1 ) The decision issued by the Vice President for Grants Management after reviewing all information provided by a recipient in response to a notice of questioned costs; or
( 2 ) The notice of questioned costs if a recipient does not respond to the notice within 30 days of receipt.
( e ) *Membership fees or dues* means payments to an organization on behalf of a program or individual to be a member thereof, or to acquire voting or participatory rights therein. *Membership fees or dues* include, but are not limited to, fees or dues paid to a state supreme court or to a bar organization acting as an administrative arm of the court or in some other governmental capacity if such fees or dues are required for an attorney to practice law in that jurisdiction.
( f ) *Questioned cost* means a cost that LSC has questioned because of an audit or other finding that: ( 1 ) There may have been a violation of a provision of a law, regulation, contract, grant, or other agreement or document governing the use of LSC funds;
( 2 ) The cost is not supported by adequate documentation; or
( 3 ) The cost incurred appears unnecessary or unreasonable and does not reflect the actions a prudent person would take in the circumstances.
( g ) *Real estate* means land and buildings (including capital improvements), excluding moveable personal property.
( h ) *Single purchase, single lease,* and *single contract* mean a single order or lease of goods or a single contract for services from a single vendor.
#### §§ 606.61-606.69 [Reserved]