alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-1725
THELMA TYSON, an individual, Plaintiff - Appellant, and TIJUAN TYSON, a minor, by next friend and legal guardian, Thelma Tyson, Plaintiff, versus KANAWHA COUNTY BOARD OF EDUCATION, a countyand state agency; SPECIAL EDUCATION DEPARTMENT; WILLIAM RUSSELL; JANE HARBERT; KATEMIDDLETON, a/k/a Middleton, in their individual capacity and in their official capacity as employees of the Kanawha County Board of Education, Defendants - Appellees. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Dennis Raymond Knapp, Senior District Judge. (CA-96-904-2) Submitted: August 13, 1998 Decided: August 28, 1998 Before WIDENER and WILKINS, Circuit Judges, and HALL, Senior Circuit Judge.2 Affirmed by unpublished per curiam opinion. Thelma Tyson, Appellant Pro Se. Charles R. Bailey, Belinda B. Jackson, SHUMAN, ANNAND & POE, Charleston, West Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Appellant appeals the district court’s order dismissing this action under the Individuals with Disabilities Education Act, 20 U.S.C. § 1415(e) (1994), and their pendant claims of civil rights violations. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Tyson v. Kanawha Cnty Bd. Educ. , No. CA-96-904-2 (S.D.W. Va. Apr. 29, 1997). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Memorandum to RCRA Docket No. EPA-HQ-RCRA-2010-0695

From: Ross Elliott, U.S. EPA

Date: May 2013

Re: Examples Where ASME B31 Standards Are Incorporated by Reference by Federal and State 

Regulatory Agencies

While ASME B31 standards are not by themselves regulatory requirements, these standards have been 

incorporated by reference in various federal and state regulatory programs, illustrating the high degree of 

confidence and acceptance placed on these standards.

The US Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration 

(PHMSA) PHMSA currently incorporates by reference ASME pipeline standards B31 (formerly ANSI B31) 

and more than 60 other standards and specifications published by technical organizations into federal pipeline 

regulations based on the directive for 49 CFR Parts 192, 193, and 195. Many states have adopted by reference 

all or parts of 49 CFR Parts 192, 193, and 195. For example:

 Virginia State Corporation Commission Division of Utility and Railroad Safety has adopted 49 CFR 

Parts 191, 192, 193, 195 and 199 to serve as minimum pipeline safety standards (see 

http://www.scc.virginia.gov/urs/pipe/index.aspx).

 Kansas Corporation Commission Office of Pipeline Safety, which regulates pipelines transmitting 

carbon dioxide, has adopted 49 CFR Part 192 (with some additions; §192.7/[K.A.R. 82-11-4(a)]); see 

http://www.kcc.state.ks.us/pipeline/pipeline_safety_regs_0711.pdf).

 The Texas Railroad Commission requires carbon dioxide pipelines to comply with 49 CFR Part 195

(Title 16 Part 1 Chapter 8 Subchapter A Rule §8.1(b); see

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=3&ti=16&pt=1). 

Other states have incorporated the standards into their regulatory programs. For example:

 The State of California Division of Occupational Safety and Health requires all pressure piping to 

meet the requirements of the applicable ANSI B31 standard (see Subchapter 7, Group 2, Article 7, 

Section 3329(b)); see http://www.dir.ca.gov/title8/3329.html).

 Louisiana Office of Conservation Pipeline Division, which regulates pipelines transmitting carbon 

dioxide, incorporates several standards by reference, including ASTM standards and ANSI B31.4 (see 

Title 43, Part XI, Subpart 4, Chapter 9, §907; see

http://dnr.louisiana.gov/index.cfm?md=pagebuilder&tmp=home&pid=62&pnid=0&nid=37).

 Alaska Department of Environmental Conservation specifies that on-site flow lines must comply with

ASME B31.4 and ASME B31.8 (See Oil and Other Hazardous Substances Pollution Control 

regulations, at 18 AAC 75); see http://dec.alaska.gov/spar/csp/reg_rev.htm).
[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Notices]
[Pages 54497-54498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27677]


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

DEPARTMENT OF STATE

[Public Notice No. 2621]


Notice of Briefing

    The Department of State announces the next briefing on U.S. foreign 
policy economic sanctions programs to be held on Thursday, October 30, 
1997, from 2:00 p.m. until 3:30 p.m., in the State Department Dean 
Acheson auditorium, 2201 C Street N.W., Washington, D.C.
    This briefing is a continuation of the series of briefings 
conducted last year in March, July and December and held last in April 
1997. As in the earlier briefings, Deputy Assistant Secretary for 
Energy, Sanctions, and Commodities Bill Ramsay will present an overview 
of the foreign policy economic sanctions regimes overseen by the State 
Department's Bureau of Economic and Business Affairs. State Department 
desk officers will be on hand to discuss country-specific sanctions 
issues following Ambassador Ramsay's briefing.
    Please Note: Persons intending to attend the October 30 briefing 
must announce this not later than 48 hours before the briefing, and 
preferably further in advance, to the Department of State by sending a 
fax to 202-647-3953 (Office of the Coordinator for Business Affairs). 
The announcement must include name, affiliation, Social Security or 
passport number and date of birth. The above includes government and 
non-government attendees. One of the following valid photo ID's will be 
required for admittance: U.S. driver's

[[Page 54498]]

license with picture, passport, U.S. government ID (company ID's are no 
longer accepted by Diplomatic Security). Enter from the C Street 
entrance.

    Dated: October 9, 1997.
Marshall P. Adair,
Acting Coordinator for Business Affairs.
[FR Doc. 97-27677 Filed 10-17-97; 8:45 am]
BILLING CODE 4710-07-M
[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Notices]
[Page 53846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27319]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange 
Commission, Office of Filings and Information Services, Washington, DC 
20549
Extension:
    Rule 15c3-3, SEC File No. 270-87, OMB Control No. 3235-0078

    Notice is hereby given that pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the collection of 
information summarized below. The Commission plans to submit this 
existing collection of information to the Office of Management and 
Budget for extension and approval.
    <bullet> Rule 15c3-3  Customer Protection--Reserves and Custody of 
Securities
    Rule 15c3-3 (``Rule'') requires registered broker-dealers to 
maintain certain records in connection with their compliance with the 
Rule's requirements that broker-dealers maintain possession and control 
of the segregate customer funds and securities. Commission staff 
estimates that the average number of hours necessary for each broker-
dealer to make the required computations pursuant to the Rule is 2.5 
hours per response. In order to demonstrate compliance with the Rule, 
approximately 326 broker-dealers choose to make a weekly computation 
and 197 broker-dealers choose to make a monthly computation. 
Accordingly, the total is 48,290 hours annually for all broker-dealers, 
based upon past submissions. The average cost per hour is approximately 
$60. Consequently, Commission staff estimates that the annual total 
cost of compliance with the Rule for all broker-dealers is $2,897,400.
    Written comments are invited on: (a) Whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden of the proposed collection of information; (c) ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology. 
Consideration will be given to comments and suggestions submitted in 
writing within 60 days of this publication.
    Please direct your written comments to Michael E. Bartell, 
Associate Executive Director, Office of Information Technology, 
Securities and Exchange Commission, 450 5th Street, NW., Washington, DC 
20549.

    Dated: October 8, 1997.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-27319 Filed 10-15-97; 8:45 am]
BILLING CODE 8010-01-M
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3277 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 479
118th CONGRESS
  2d Session
                                S. 3277

To amend the Marine Debris Act to reauthorize the Marine Debris Program 
        of the National Oceanic and Atmospheric Administration.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 9, 2023

 Mr. Sullivan (for himself, Mr. Whitehouse, and Mr. Peters) introduced 
the following bill; which was read twice and referred to the Committee 
                on Commerce, Science, and Transportation

                             August 1, 2024

              Reported by Ms. Cantwell, without amendment

_______________________________________________________________________

                                 A BILL

 
To amend the Marine Debris Act to reauthorize the Marine Debris Program 
        of the National Oceanic and Atmospheric Administration.

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

SECTION 1. REAUTHORIZATION OF THE MARINE DEBRIS PROGRAM OF THE NATIONAL 
              OCEANIC AND ATMOSPHERIC ADMINISTRATION.

    Section 9(a) of the Marine Debris Act (33 U.S.C. 1958(a)) is 
amended by striking ``for'' the first place it appears and all that 
follows through ``carrying out'' and inserting ``for each of fiscal 
years 2018 through 2028 for carrying out''.
                                                       Calendar No. 479

118th CONGRESS

  2d Session

                                S. 3277

_______________________________________________________________________

                                 A BILL

To amend the Marine Debris Act to reauthorize the Marine Debris Program 
        of the National Oceanic and Atmospheric Administration.

_______________________________________________________________________

                             August 1, 2024

                       Reported without amendment
```
<PAGE>   1
                                                               EXHIBIT 10.3(a)

RFS HOTEL INVESTORS, INC.
SCHEDULE OF TERMS OF SALE AND
  PURCHASE AGREEMENTS
FOR AGREEMENTS IN 1996


<TABLE>
<CAPTION>
                                  Purchase        Sale
                                   Price          Price
                                   -----          -----
<S>                             <C>             <C>
RESIDENCE INN HOTEL -           14,250,000
Sacramento, CA
HAMPTON INN HOTEL -              5,900,000
Houston, TX
DOUBLETREE HOTELS -             16,500,000
Del Mar, CA
COURTYARD BY MARIOTT HOTEL -     6,300,000
Flint, MI
RAMADA INN HOTEL -                              3,900,000
Lexington, KY
</TABLE>
```

[104th Congress Public Law 187]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ187.104]

[[Page 110 STAT. 1754]]

Public Law 104-187
104th Congress

                                 An Act

 
  To redesignate the United States Post Office building located at 245 
 Centereach Mall on Middle Country Road in Centereach, New York, as the 
 ``Rose Y. Caracappa United States Post Office Building''. <<NOTE: Aug. 
                       20, 1996 -  [H.R. 3139]>> 

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

SECTION 1. REDESIGNATION.

    The United States Post Office building located at 245 Centereach 
Mall on Middle Country Road in Centereach, New York, shall be known and 
designated as the ``Rose Y. Caracappa United States Post Office 
Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States Post Office building 
referred to in section 1 shall be deemed to be a reference to the ``Rose 
Y. Caracappa United States Post Office Building''.

    Approved August 20, 1996.

LEGISLATIVE HISTORY--H.R. 3139:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 142 (1996):
            July 30, considered and passed House.
            Aug. 2, considered and passed Senate.

                                  <all>
```
#### In re Jewell S. GRISWOLD v. J. B. MONEY et al. Ex parte Victor Michael GRISWOLD, Executor, etc.

SC 2809.

Supreme Court of Alabama.

Dec. 22, 1977.

EMBRY, Justice.

The relief prayed for in this petition for writ of mandamus is rendered unnecessary by the decision in *Cagle*v. *Reeves,*Ala., 353 So.2d 787, decided on December 22, 1977.

WRIT DENIED.

BLOODWORTH, ALMON, SHORES and BEATTY, JJ., concur.
#### Ethel Y. SIMPSON, Appellant, v. Joe PATTI and Annie Patti, husband and wife, Appellees.

No. O-50.

District Court of Appeal of Florida, First District.

May 20, 1971.

Barksdale, Tucker & Worley, Pensacola, for appellant.

Philip D. Beall, Pensacola, for appellees.

PER CURIAM.

This cause having been orally argued before the court, the briefs and record on appeal having been read and given full consideration, and appellant having failed to demonstrate reversible error, the judgment of the lower court hereby appealed is affirmed. See Kerivan v. Fogal (1945), 156 Fla. 92, 22 So.2d 584; Hendricks v. Stark (1930), 99 Fla. 277, 126 So. 293, 297; Rosenthal v. LeMay (Fla.1954) 72 So.2d 289.

CARROLL, DONALD K., Acting C. J., and SPECTOR and WIGGINTON, JJ., concur.
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 Trestle
Holdings, Inc., a Delaware corporation (the “Company”), does hereby certify with
respect to the Annual Report of the Company on Form 10-KSB for the year ended
December 31, 2007 as filed with the Securities and Exchange Commission (the
“10-KSB Report”) that:





(1)
            the
      10-KSB 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 10-KSB Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.














Date:  March
19,
2008                                                                   /s/ ERIC
STOPPENHAGEN


Eric Stoppenhagen


Interim President and Corporate
Secretary
[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Notices]
[Page 54099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27562]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. TM98-1-84-001]


Caprock Pipeline Company; Notice of Proposed Changes in FERC Gas 
Tariff

October 10, 1997.
    Take notice that on October 8, 1997, Caprock Pipeline company 
(Caprock) tendered for filing as part of its FERC Gas Tariff, First 
Revised Volume No. 1, the following revised Tariff sheets, to be 
effective October 1, 1997:

Substitute Sixth Revised Sheet No. 4
Substitute Sixth Revised Sheet No. 5

    Caprock states that these substitute Tariff sheets are being 
submitted to comply with the Commission's September 29, 1997 Order in 
this proceeding.
    Caprock states that copies of the filing were served upon Caprock's 
jurisdictional customers, interested public bodies, and all parties to 
the proceedings.
    Any person desiring to protest said filing should file a protest 
with the Federal Energy Regulatory Commission, 888 First Street, N.E., 
Washington, D.C. 20426, in accordance with Section 385.211 of the 
Commission's Rules of Practice and Procedure. All such protests must be 
filed as provided in Section 154.210 of the Commission's Regulations. 
All protests filed with the Commission will be considered by it in 
determining the appropriate action to be taken, but will not serve to 
make the protestants parties to the proceeding. Copies of this filing 
are on file with the Commission and are available for public 
inspection.
Lois D. Cashell,
Secretary.
[FR Doc. 97-27562 Filed 10-16-97; 8:45 am]
BILLING CODE 6717-01-M
[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Rules and Regulations]
[Pages 5332-5333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2753]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 255 and 340


Confidentiality of Medical Quality Assurance (QA) Records and 
Delegation of Authority to Deputy Secretary of Defense; Removal

AGENCY: Department of Defense.

ACTION: Final rule.

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

SUMMARY: This document removes the Department of Defense's 
Confidentiality of Medical Quality Assurance (QA) Records and the 
organizational charter on the Delegation of Authority to Deputy 
Secretary of Defense codified in the CFR. The parts have served the 
purpose for which they were intended in the CFR and are no longer 
necessary.

EFFECTIVE DATE: February 5, 1997.

FOR FURTHER INFORMATION CONTACT: L. Bynum or P. Toppings, 703-697-4111.

SUPPLEMENTARY INFORMATION: DoD Directive 6040.37, ``Confidentiality of 
Medical Quality Assurance (QA) Records'' was revised by a July 9, 1996 
version. DoD Directive 5105.2, ``Delegation of Authority to the Deputy 
Secretary of Defense'' was revised by a January 24, 1997 version. 
Copies of the Directives may be obtained from the National Technical 
Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 
22161.

[[Page 5333]]

List of Subjects

32 CFR Part 255

    Armed forces, Health care, Health records, Privacy.

32 CFR Part 340

    Organization and functions.

PARTS 255 AND 340--[REMOVED]

    Accordingly, by the authority of 10 U.S.C. 301, 32 CFR parts 255 
and 340 are removed.

    Dated: January 24, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-2753 Filed 2-4-97; 8:45 am]
BILLING CODE 5000-04-M
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We hereby consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 33-76526, 33-80454,33-88302, 333-2818, 333-07457, 333-62517, 333-62983, 333-64139, 333-68161, 333-49004, 333-61412, 333-76826), the Registration Statement on Form S-3 (No. 333-39453) and the Registration Statement on Form S-4 (No. 333-37393) of Rural/Metro Corporationof our report dated September 27, 2004 relating to the consolidated financial statements, which appears in this Form 10-K. 

 

PricewaterhouseCoopers LLP 

Phoenix, Arizona

September 27, 2004
#### CHRONICLE PUBLISHERS OF NEW PORT RICHEY, INC., et al., Petitioners, v. William HAMMERLY, Respondent.

No. 70-23.

District Court of Appeal of Florida, Second District.

Feb. 17, 1970.

Certiorari quashed.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

August 1 9 , 2016 

# Order

Clerk August 1 9 , 2016

15 3787 ( 132 )

ARMEN BOLADIAN, BRIDGEPORT MUSIC

, INC., and WESTBOUND RECORDS, INC.,

Plaintiffs

- Appellants

, SC: 15 3787

v COA: 3 24 737

Oakland CC: 2014

- 138753

- CZ

JEFFREY P. THENNISCH, THE DOBRUSIN

LAW FIRM, P.C., f/k/a DOBRUSIN &

THENNISCH, P.C., GREGORY J. REED and

JANYCE TILMON

- JONES,

Defendants

- Appellees

. _________________________________________/

On order of the C hief Justice

, the motion of plaintiffs

- appellant s to extend the time

for filing their reply is GRANTED. The reply will be accepted as timely filed if

submitted on or before September 6 , 2016.
#### FLORIDA POWER & LIGHT COMPANY, Appellant, v. Ruth Mirmelli GILMAN, Appellee.

No. 73-346.

District Court of Appeal of Florida, Third District.

July 3, 1973.

*16McCarthy, Steel, Hector & Davis, Miami, for appellant.

Louis Vernell, Miami, for appellee.

Before BARKDULL, C. J., and PEARSON and CHARLES CARROLL, JJ.

PEARSON, Judge.

The appellee’s complaint asking damages for personal injury was filed in October, 1970. The appellant filed its motion to dismiss for lack of prosecution on February 23, 1973. There is no question but that the record reflects no activity for one year prior to February 23, 1973. The trial judge denied the defendant’s motion upon the basis that the plaintiff showed “good cause” in a written response to the motion to dismiss. Sec Rule 1.420(e), RCP, 30 F.S.A. This interlocutory appeal is brought from the order denying the motion. The ap-pellee has failed to file a brief.

The plaintiff’s response to defendant’s motion to dismiss stated that the plaintiff had changed attorneys and the new attorney had moved his office and misplaced her file. A change of attorneys, even when made necessary by misfortune, is not good cause for failure to prosecute for one year. Gulf Appliance Distributors, Inc. v. Long, Fla.1951, 53 So.2d 706; Miller v. Hartley’s, Inc., Fla.App.1957, 97 So.2d 211. An office error by the plaintiff’s attorney and that attorney’s inadvertent failure to prosecute is not such good cause as is contemplated by the rule. See Conklin v. Boyd, Fla.App. 1966, 189 So.2d 401.

The order denying the plaintiff’s motion to dismiss is reversed and the cause is remanded with directions to grant the motion.

Reversed and remanded.
#### Linda Jean ROSS, Appellant, v. STATE of Florida, Appellee.

Nos. 77-265 and 77-266.

District Court of Appeal of Florida, Fourth District.

May 23, 1978.

Linda Jean Ross, in pro per.

No appearance for appellee.

PER CURIAM.

AFFIRMED. See *Hines v. State,*358 So.2d 183, Fla.1978.

DOWNEY, C. J., and ANSTEAD and LETTS, JJ., concur.