alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[No. 3535.]

#### Manzanarez et al. v. Rominger.

1. *Appeals*— Findings *on Sufficient Though Conflicting Evidence,*will not be reviewed.

2. *Judgment*— Must *Rest on the Pleadings.*A decree modified by-direction 'to tbe court below to omit an award of relief not within tbe issue or justified by tbe proof.

*Appeal from Saguache District Court.*Hon. Charles C. Holbrook, Judge.

Messrs. Corlett & Corlett, for appellants.

Mr. John I. Palmer, for appellee.

Cunningham, Judge.

This was an action brought by the appellee to restrain the appellants from interfering with his use of three cubic feet of water which he alleged belonged to him, and which he was taking from what is known as Black Canon Creek in Saguache County, and applying to agricultural lands which belonged to him. From the record before us, neither party’s rights to the water had ever been adjudicated. There were no maps or plats of any sort introduced on the trial, and no record evidence of title to land or water introduced by either side. However, the title to the lands claimed by either party seems not to have been in dispute. The right of each of the par*77ties to water was submitted to the trial court without a jury, upon evidence conflicting in the extreme. The appellants insist that all the water they were using they had developed and saved by their own efforts, and therefore were entitled to the use of the same, notwithstanding the appellee and his grantees had occasionally, at least, made use of certain water long prior to their location in that vicinity. The trial judge, under evidence sufficient to warrant him in so doing, has found against the appellants, and we are not, therefore, at liberty to reverse the judgment. •

However, the trial court in one particular committed error, and its decree ought to be modified. The decree provides, “that plaintiff make and construct an opening or gate in the defendants’ dam such as will allow sufficient water to pass said dam to supply and fill plaintiff’s right to three cubic feet of water per second of time, and that defendants construct in the head of their ditch in said dam a headgate to regulate the flow of water in said ditch.” While this provision may be eminently wise, we think the court has no authority, under the pleadings and the proof, to enforce it. The decree, without the paragraph pertaining to the opening in defendants’ dam and the establishment of headgates, is all that the petitioner, appellee, asked for. The trial court is, therefore, directed to modify its decree by the omission therefrom of the next to the last paragraph of said decree, .pertaining to the construction of an opening or gate in defendants’ dam, and the construction of a headgate by them in their ditch.

As thus modified, the decree of the trial court is affirmed.

*Modified and Affirmed.*
# Dziennik Urzędowy C 64A/28 l

| | ISSN 1977-1002 |
| --- | --- |
| Dziennik Urzędowy
  Unii Europejskiej | C 64A |
| | |
| Wydanie polskie | Informacje i zawiadomienia | Rocznik 6028 lutego 2017 |

ISSN 1977-1002

Dziennik Urzędowy

Unii Europejskiej

C 64A

Wydanie polskie

Informacje i zawiadomienia

Rocznik 6028 lutego 2017

---

| Powiadomienie nr | Spis treśći | Strona |
| --- | --- | --- |
| | V   Ogłoszenia |
| | POSTĘPOWANIA ADMINISTRACYJNE |
| | Parlament Europejski |
| 2017/C 64 A/01 | Procedura selekcji PE/195/S – Pracownik tymczasowy – Kierownik działu (AD 14) – Lista osób zakwalifikowanych | 1 |

Powiadomienie nr

Spis treśći

Strona

V   Ogłoszenia

POSTĘPOWANIA ADMINISTRACYJNE

Parlament Europejski

2017/C 64 A/01

Procedura selekcji PE/195/S – Pracownik tymczasowy – Kierownik działu (AD 14) – Lista osób zakwalifikowanych

1

---

| PL | |
| --- | --- |

PL

---

V Ogłoszenia

POSTĘPOWANIA ADMINISTRACYJNE

Parlament Europejski

| 28.2.2017 | PL | Dziennik Urzędowy Unii Europejskiej | CA 64/1 |
| --- | --- | --- | --- |

28.2.2017

PL

Dziennik Urzędowy Unii Europejskiej

CA 64/1

---

PROCEDURA SELEKCJI PE/195/S

Pracownik tymczasowy – Kierownik działu (AD 14)

LISTA OSÓB ZAKWALIFIKOWANYCH

(2017/C 064 A/01)

| 1. | BORDEZ, Emmanuel |
| --- | --- |

1.

BORDEZ, Emmanuel

Lista osób zakwalifikowanych została przyjęta w dniu 14 lutego 2017 r.

---
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

JULIO ISRAEL CARDENAS-PORRAS,

 Defendant - Appellant.

No. 10-50190

D.C. No. 3:10-cr-07008-GT

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Gordon Thompson, District Judge, Presiding

Submitted December 14, 2010** 

Before: GOODWIN, WALLACE, and W. FLETCHER, Circuit Judges.

Julio Israel Cardenas-Porras appeals from the 15-month sentence imposed

upon revocation of supervised release. We have jurisdiction under 28 U.S.C.

§ 1291, and we affirm.

FILED

DEC 27 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-50190

Cardenas-Porras contends that the district court procedurally erred at

sentencing by: 1) treating the guidelines as presumptively reasonable; 2) failing to

consider all of the 18 U.S.C. § 3553(a) sentencing factors; and 3) failing to

adequately explain the sentence or address his mitigation arguments. 

Cardenas-Porras further contends that the resulting sentence is substantively

unreasonable. The record reflects that the district court did not procedurally err,

and that, in light of the totality of the circumstances, the sentence is substantively

reasonable. See United States v. Carty, 520 F.3d 984, 991-93 (9th Cir. 2008) (en

banc).

AFFIRMED.
#### Mary Bannister, Respondent, *v.*The West End Brewing Company, Appellant.

*Bannister-v. West End Brewing Co.,*139 App. Div. 921, affirmed.

(Submitted May 6, 1912;

decided May 21, 1912.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered July 6, 1910, affirming a judgment in favor of plaintiff entered upon the report of a referee in an action to recover for an alleged breach of covenants in a lease.

*James Coupe*and *Henry F. Coupe*for appellant.

*Borden D. Smith*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Gray, Haight, Vann, Werner, Willard Bartlett and Chase, JJ. Absent: Cullen, Ch. J.
Document Headings

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                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

Take notice that the Commission has received the following Natural Gas and Oil Pipeline Rate and Refund Report filings:

## Filings in Existing Proceedings

*Docket Numbers:*                     RP23-917-002.                

*Applicants:*                     Viking Gas Transmission Company.                

*Description:*                     Compliance filing: Compliance Filing—Native File Format to be effective N/A.                

*Filed Date:*                     9/8/23.                

*Accession Number:*                     20230908-5083.                

*Comment Date:*                     5 p.m. ET 9/20/23.                

                    Any person desiring to protest in any the above proceedings must file in accordance with Rule 211 of the Commission's Regulations (18 CFR 385.211) on or before 5:00 p.m. Eastern time on the specified comment date.  The filings are accessible in the Commission's eLibrary system (                    *https://elibrary.ferc.gov/​idmws/​search/​fercgensearch.asp*) by querying the docket number.  eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at:                     *http://www.ferc.gov/​docs-filing/​efiling/​filing-req.pdf.*                     For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.                

                    The Commission's Office of Public Participation (OPP) supports meaningful public engagement and participation in Commission proceedings. OPP can help members of the public, including landowners, environmental justice communities, Tribal members and others, access publicly available information and navigate Commission processes. For public inquiries and assistance with making filings such as interventions, comments, or requests for rehearing, the public is encouraged to contact OPP at (202) 502-6595 or                     *OPP@ferc.gov.*

Kimberly D. Bose,

Secretary.

[FR Doc. 2023-19884 Filed 9-13-23; 8:45 am]

BILLING CODE 6717-01-P
Order entered August 17, 2018

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 18
- 00184
- CR VICTOR LEE WILKS, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7

Dallas County, Texas Trial Court Cause No. F16
- 41359
- Y



### O RDER Before the Court is appellant’s August 16, 2018 motion to supplement the record on appeal. The Court GRANTS the motion

. We ORDER the Dallas County District Clerk to file, within FOURTEEN DAYS , either (1) a supplemental clerk’s record containing subpoenas and subpoena applications, filed and issued on or about February 23, 2018, addressed to The City of Mesquite Human Resources Department and Sergeant Cummings of the Mesqui te Police Department; or (2) written verification that the subpoenas and subpoena applications are not in the district clerk’s possession.

/s/ LANA MYERS JUSTICE
Presidential Documents

62433 

Federal Register 

Vol. 88, No. 174 

Monday, September 11, 2023 

Title 3— 

The President 

Notice of September 7, 2023 

Continuation of the National Emergency With Respect to 

Certain Terrorist Attacks 

Consistent with section 202(d) of the National Emergencies Act, 50 U.S.C. 

1622(d), I am continuing for 1 year the national emergency previously declared on September 14, 2001, in Proclamation 7463, with respect to the 

terrorist attacks of September 11, 2001, and the continuing and immediate 

threat of further attacks on the United States. 

Because the terrorist threat continues, the national emergency declared on 

September 14, 2001, and the powers and authorities adopted to deal with 

that emergency must continue in effect beyond September 14, 2023. Therefore, I am continuing in effect for an additional year the national emergency 

that was declared on September 14, 2001, with respect to the terrorist 

threat. 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

September 7, 2023. [FR Doc. 2023–19741 

Filed 9–8–23; 11:15 am] 

Billing code 3395–F3–P 


ddrumheller on DSK120RN23PROD with PRESDOC-O0BIDEN.EPS</GPH>
|   | (1) | The      Quarterly Report on Form 10-Q of the Company for the quarter ended      September 30, 2008 (the “Report”) fully complies with the requirements of      Sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.      78m(a) or 78o(d)); and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| November 10, 2008 |   | /s/ Phillip E. Becker                      |
|-------------------|--------|--------------------------------------------|
| Date              |   | Phillip      E. Becker                     |
|              |   | President      and Chief Executive Officer |
|              |   |                                       |
|              |   |                                       |
|              |   |                                       |
| November 10, 2008 |   | /s/ H. Stewart Fitz Gibbon    III          |
| Date              |   | H.      Stewart Fitz Gibbon III            |
|              |   | Executive      Vice President and          |
|              |   | Chief      Financial Officer               |
EXHIBIT (10)(A)



 EXHIBIT 10(a) 

Consent of Independent Registered Public Accounting Firm 







 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM 

We hereby consent to the use in this Registration Statement on Form N-4 of our report dated April 25, 2016 and April 27, 2016, relating to the financial
statements of Separate Account VA B and Separate Account VA B NY, respectively, and to the use of our reports dated April 25, 2016 and April 27, 2016, relating to the financial statements of Transamerica Life Insurance Company and Transamerica
Financial Life Insurance Company, respectively, which appear in such Registration Statement. We also consent to the reference to us under the heading “Independent Registered Public Accounting Firm” in such Registration Statement. 

/s/ PricewaterhouseCoopers LLP 
 Chicago, Illinois 

April 27, 2016 







 Consent of Independent Registered Public Accounting Firm 

We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in the Statement of
Additional Information and to the use of our reports: (1) dated February 6, 2015, with respect to the statutory-basis financial statements and schedules of Transamerica Financial Life Insurance Company, (2) dated April 25, 2016,
with respect to the statutory-basis financial statements and schedules of Transamerica Life Insurance Company included in Post-Effective Amendment No. 7 to the Registration Statement (Form N-4, No. 333-185574) and related Prospectus of
Transamerica Variable Annuity Series and Partners Variable Annuity Series. 
 /s/ Ernst & Young LLP 

Des Moines, IA 
 April 27, 2016
From: mjglonek@ysu.edu

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 12:55:48 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Michael J. Glonek

Andover, OH 44003
Exhibit 32





Pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§ 1350)





The undersigned, as the Chief Executive Officer and Chief Financial Officer of StellarOne Corporation, respectively, certify that the Quarterly Report on Form 10-Q for the period ended June 30, 2010, which accompanies this certification fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the periodic report fairly presents, in all material respects, the financial condition and results of operations of StellarOne Corporation at the dates and for the periods indicated.  The foregoing certification is made pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), and no purchaser or seller of securities or any other person shall be entitled to rely upon the foregoing certification for any purpose.  The undersigned expressly disclaim any obligation to update the foregoing certification except as required by law.





Date: August 9, 2010


/s/ O. R. Barham, Jr.President and Chief Executive Officer/s/ Jeffrey W. FarrarExecutive Vice President and Chief Financial Officer
<PAGE>

                                                                      Exhibit 32

                                  Certification
            Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
    (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18,
                               United States Code)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of Excelsior Private Equity Fund II, Inc. (the "Company"),
does hereby certify, to such officer's knowledge, that:

The Quarterly Report on Form 10-Q, as amended, for the quarter ended April 30,
2003 (the "Form 10-Q") of the Company fully complies with the requirements of
Section 13 (a) or 15(d) of the Securities Exchange Act of 1934, and the
information contained in the Form 10-Q fairly presents, in all material
respects, the financial condition and results of operations of the Company.

Date:  September 12, 2003                    /s/ David I. Fann
                                             -----------------------------------
                                             Name: David I. Fann
                                             Title: Co-Chief Executive Officer

Date:  September 12, 2003                    /s/ Douglas A. Lindgren
                                             -----------------------------------
                                             Name: Douglas A. Lindgren
                                             Title: Co-Chief Executive Officer

Date:  September 12, 2003                    /s/ Robert F. Aufenanger
                                             -----------------------------------
                                             Name: Robert F. Aufenanger
                                             Title: Treasurer

A signed original 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.
Exhibit 32

                   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 Quarterly Report of Cybertel Capital Corporation (the
"Registrant") on Form 10-QSB for the period ending June 30, 2005, as filed
with the Securities and Exchange Commission on the date hereof (the "Quarterly
Report"), We, Richard D. Mangiarelli, Chief Executive Officer and Richard
Schmidt, Chief Financial Officer of the Registrant, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

(1) The Quarterly 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 Quarterly Report fairly presents, in all
material respects, the financial condition and result of operations of the
Registrant.



Date: 8-11-05                            /s/Richard D. Mangiarelli
     --------                            -------------------------
                                         Richard D. Mangiarelli
                                         Chief Executive Officer

Date: 8-11-05                            /s/Richard Schmidt
     --------                            ------------------------
                                         Richard Schmidt
                                         Chief Financial Officer
NMDMB 04-94

LEGAL GUIDANCE

PERSONAL SERVICES CONTRACTING |
PROCEDURES AND PAY CAP

Congress recently increased the limitation

on the amount of compensation for personal |
services contractors and gave the |
Secretary of Defense authorization to |
enter into personal services contracts |
(PScs) to carry out healthcare respon- |
sibilities in uniformed medical treatment |
facilities. |

eIn an effort to provide increased
flexibility for pPscs in military
treatment facilities, as part of the |
FY-94 Defense Authorization Act, |
Congress revised the language of 10 |
U.S.C. 1091 to increase the limit on |
total compensation paid to an |
individual, in any year under a PSC, to |
a maximum pay cap of $200,000.

The new language authorizes the |
Secretary of Defense to establish by |
regulation procedures for entering into
Pscs with individuals that are exempt
from certain competitive contracting
requirements established by law.

The special procedures and exemptions
authorized for Pscs with individuals
will not apply to Pscs entered into with
entities other than individuals.

The law requires the Secretary of
Defense to provide a detailed report to
the Congress not later than 30 days
after the end of the 180-day period
beginning on the date on which the
Secretary of Defense first uses the
expanded authority.

*The Department of Defense (DoD) must
revise their instructions to reflect
the changes to existing procedures
which will be required to utilize the
new congressional authority. This
command will provide an update when the
DoD issues implementing regulations.

NMLC point of contact is Mr. John R. Osing,
Jr., Office of the Counsel, who may be
reached at (301) 619-2157 or by DSN at
343-2157.
document.write('<div id=areaname><p>National Service Center for Environmental Publications (NSCEP)</p></div>')