alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Larry A. GANTENBEIN, Plaintiff—Appellant, v. UNION PACIFIC RAILROAD COMPANY, Defendant—Appellee.

No. 01-35670.

D.C. No. CV-98-00513-BLW.

United States Court of Appeals, Ninth Circuit.

*852Submitted Aug. 12, 2002.*

Decided Aug. 19, 2002.

Before SCHROEDER, Chief Judge, TASHIMA and RAWLINSON, Circuit Judges.

*

This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Larry A. Gantenbein appeals pro se the district court’s summary judgment in his action alleging wrongful termination in violation of Title VII of the 1964 Civil Rights Act, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Wallis v. J.R. Simplot Co.,*26 F.3d 885, 888 (9th Cir.1994), and we affirm.

The district court properly granted summary judgment for Defendants because Gantenbein was no longer qualified to continue work as an attorney for Union Pacific after the Idaho State Bar recommended his suspension from the practice of law. *See McDonnell Douglas Corp. v. Green,*411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973) (Title VII); *Hernandez v. Hughes Missile Systems Co.,*292 F.3d 1038, 1041-43 (9th Cir.2002) (ADA); *Wallis,*26 F.3d at 891 (ADEA).

Gantenbein’s motions to correct and augment the record are denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Exhibit 32.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Electromed, Inc. (the Company) on
Form 10-K for the year ended June 30, 2010, as filed with the Securities and
Exchange Commission (the Report), I, Terry M. Belford, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §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 and results of operations of the Company.

Dated:
September 28, 2010

/s/ Terry M.
Belford
Terry M. Belford
Chief Financial Officer



---
#### Melvyn BROWN and Joan Anderson, Appellants, v. STATE of Florida, Appellee.

No. 40702.

Supreme Court of Florida.

March 2, 1971.

Appeal dismissed.

ROBERTS, C. J., and ADKINS, BOYD, McCAIN and DEKLE, JJ., concur.
[Federal Register Volume 62, Number 235 (Monday, December 8, 1997)]
[Notices]
[Pages 64573-64574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31974]


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

DEPARTMENT OF EDUCATION


Historically Black Colleges and Universities Capital Financing 
Advisory Board; Meeting

AGENCY: Historically Black Colleges and Universities Capital Financing 
Advisory Board; Education.

ACTION: Notice of meeting.

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

SUMMARY: This notice sets forth the schedule and proposed agenda of a 
forthcoming meeting of the Historically Black Colleges and Universities 
Capital Financing Advisory Board. This notice also describes the 
functions of the Board. Notice of this meeting is required under 
Section 10(a)(2) of the Federal Advisory Committee Act..

DATE AND TIME: December 19, 1997, 9:00 a.m.-4:00 p.m.

ADDRESSES: Loews L'Enfant Plaza Hotel, 480 L'Enfant Plaza S.W., 
Washington, DC.

FOR FURTHER INFORMATION CONTACT:
Carl S. Person, Executive Director, Historically Black Colleges and 
Universities Capital Financing Advisory Board, U.S. Department of 
Education, Washington, DC 20202-5139, telephone (202) 708-8328.

SUPPLEMENTARY INFORMATION: The Historically Black Colleges and 
Universities Capital Financing Advisory Board is established under 
section 727 of the Higher Education Act of 1965. as amended in 1992 (20 
U.S.C. 1132c-6). The Board is established to provide advice and counsel 
to the Secretary of Education and the designated bonding authority for 
the Historically Black Colleges and Universities Capital

[[Page 64574]]

Financing Program as to the most effective and efficient means of 
implementing construction financing on historically Black college and 
university campuses and to advise Congress regarding the progress made 
in implementing the program.
    The meeting of the Board is open to the public. The agenda includes 
a briefing by members of the designated bonding authority on the status 
of loan activities, an overall assessment of the program, and 
reauthorization issues.
    Records are kept of all Committee proceedings, and are available 
for public inspection at the office of the Historically Black Colleges 
and Universities Capital Financing Advisory Board, U.S. Department of 
Education, Washington, DC 20202-5139, from the hours of 9:00 a.m. to 
4:00 p.m.

    Dated: December 2, 1997.
David A. Longanecker,
Assistant Secretary for Postsecondary Education.
[FR Doc. 97-31974 Filed 12-5-97; 8:45 am]
BILLING CODE 4401-01-M
C Interim Decision #1498

MATTER OF SPARNAliN Application for Extension. of Nonimmigrant Stay

A-14444036 Decided by Acting District Director August 19, 196'5 A six-month,extension of stay in order to . complete -his visits to Westinghouse facilities on technical and administrative matters is granted a nonimmigrant visitor for business who is employed as a thermodynamics engineer in West Germany by a firm associated with Westinghouse Metric Corporation, whosemeans of support while in the United States is his salary from his employer, and who has maintained his nonimmigrant status since entry

, and is holder of a passport valid to a date more than one year hence. The subject is a thirty-two-year-old native and citizen of Germany.He is employed as a thermodynamics engineer by Siemens-Schuckertwerke A. G., Muelheim, West Germany. He was admitted to the United States on February 20, 1965, as a. nonimmigrant
- visitor for business. His authorized period of stay will expire on August 20, 1965. The subject has requested a six-month extension of temporary stayin order that he may continue visiting the offices, shops, and laboratories of the Westinghouse Electric Corporation. this means of support while in the United States is his salary from his employer in Germany. A letter in support of the application from the Westinghouse Electric Corporation confirms that the applicant is an emPloyee of Siemens-Schuckertwerke A.G.; that he has been visiting WestinghOuse facilities on technical and administrative matters; and that he does not receive any remuneration from the Westinghouse Electric Corporation. The letter further shows that the applicant's employer is associated with Westinghouse, and is licensed to buildoquipment inGermany to Westinghouse designs and patents; and that the applicant will require approximately six more months to-complete his visits to the Westinghouse facilities. The applicant is the holder of a German passport valid to July 31, 1967. He ryas admitted as a. nonimmigrant visitor for business, and has .continued to maintain his noninunigrant status. He requires 285Interim Decision *1498 approximately six additional months to accomplish the purpose for which he came to this country. All requirements having been met, the application will be granted. ORDER: It is ordered that the applicant be granted an extension of temporary stay as a nonimmigrant visitor for business to February 19, 1966.

286
<PAGE>

                              WES ACQUISITION CORP.
                             411 West Putnam Avenue
                          Greenwich, Connecticut 06830

April 12, 1996

Wahlco Environmental Systems, Inc.
9660 West Segerstrom Avenue
Santa Ana, CA 92704

Gentlemen:

     Reference is made to (l) that certain Term Loan Agreement dated as of July
28, 1995, as amended (the "Term Loan Agreement"), between WESAC Acquisition
Corp. ("WESAC") and Wahlco Environmental Systems, INC, ("Wahlco"), and the notes
issued pursuant thereto (the "Term Loan Notes"), and (2) that certain Note,
dated May 15, 1995 (the "Acquisition Debt Note"), in the principal amount of
$4,900,000 from Wahlco to WESAC.

     This letter will confirm that, commencing October 1, 1995, and continuing
through December 31, 1996, on each date when interest shall have become, or
would otherwise become, due and. payable in respect of the Acquisition Debt Note
and the Term Loan Notes, such interest shall be capitalized and added to the
outstanding principal balance of the Acquisition Debt Note or the Term Loan
Notes, as the case may be, and the new principal balance of the Acquisition Debt
Note and the Term Loan Notes, as the case may be, shall accrue interest at the
rate provided therein.

     This agreement constitutes the entire agreement between Wahlco and WESAC
with respect to the subject matter hereof, Except as set forth herein, the Term
Loan Agreement, the Term loan Notes and the Acquisition Debt Note remain in full
force and effect.

     This agreement may not bc amended, modified or waived except by a written
agreement signed by Wahlco and WESAC. This agreement shall he governed by the
laws of the State of New York. This agreement may be executed in counterparts,
all of which, when taken together, shall constitute one agreement.

<PAGE>

Wahlco Environmental Systems, Inc.
April 12, 1996
Page 2

     If the foregoing correctly sets forth our agreement with respect to the
subject matter hereof, kindly sign in the space indicated below and return two
executed copies of this letter to WESAC at its address set forth above.

                                        WES ACQUISITION CORP.

                                        By: /s/ illegible
                                           ------------------------------

                                        Its: VP
                                            -----------------------------

Agreed to and accepted as of
this 15th day of February, 1996

WAHLCO ENVIRONMENTAL SYSTEMS, INC.

By: /s/ illegible
   ------------------------------

Its: Chief Financial Officer
    -----------------------------
#### Richard McCONNELL, Petitioner, v. STATE of Florida, Respondent.

No. 69-355.

District Court of Appeal of Florida. Second District.

June 23, 1969.

Habeas corpus denied.
<TABLE> <S> <C>

<ARTICLE>                                 5
<LEGEND> This schedule contains certain summary financial information
extracted from the unaudited consolidated statements of income and
consolidated balance sheets, and is qualified in its entirety by reference
to such unaudited consolidated financial statements.
<MULTIPLIER>                              1
<PERIOD-TYPE>                             3-MOS
<FISCAL-YEAR-END>                         JAN-30-1999
<PERIOD-END>                              MAY-02-1998
<CASH>                                    737,669
<SECURITIES>                              0
<RECEIVABLES>                             2,401,035
<ALLOWANCES>                              66,658
<INVENTORY>                               50,296,186
<CURRENT-ASSETS>                          55,387,249
<PP&E>                                    29,846,155
<DEPRECIATION>                            15,676,382
<TOTAL-ASSETS>                            74,405,968
<CURRENT-LIABILITIES>                     52,485,120
<BONDS>                                   4,365,000
<COMMON>                                  1,544,462
<PREFERRED-MANDATORY>                     0
<PREFERRED>                               0 
<OTHER-SE>                                7,308,623
<TOTAL-LIABILITY-AND-EQUITY>              74,405,968
<SALES>                                   42,774,922
<TOTAL-REVENUES>                          42,825,451
<CGS>                                     29,482,269
<TOTAL-COSTS>                             0
<OTHER-EXPENSES>                          15,709,434  
<LOSS-PROVISION>                          0
<INTEREST-EXPENSE>                        944,876
<INCOME-PRETAX>                           3,311,128
<INCOME-TAX>                              0
<INCOME-CONTINUING>                       0
<DISCONTINUED>                            0
<EXTRAORDINARY>                           0
<CHANGES>                                 0
<NET-INCOME>                              3,311,128
<EPS-PRIMARY>                             (2.14)
<EPS-DILUTED>                             (2.14)


</TABLE>
[Federal Register Volume 62, Number 238 (Thursday, December 11, 1997)]
[Notices]
[Page 65283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32402]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management
Alaska
[AK-962-1410-00-P; AA-9314]


Notice for Publication; Alaska Native Claims Selection

    In accordance with Departmental regulation 43 CFR 2650.7(d), notice 
is hereby given that a decision to issue conveyance under the 
provisions of Section 14(h)(1) of the Alaska Native Claims Settlement 
Act of December 18, 1971, 43 U.S.C. 1601, 1613(h)(1), will be issued to 
Calista Corporation for approximately 12.9 acres. The lands involved 
are in the vicinity of Nunivak Island, Alaska.

Seward Meridian, Alaska

T. 4 S., R. 97 W.,
    Sec. 6.
T. 4 S., R. 98 W.,
    Sec. 1.

    A notice of the decision will be published once a week, for four 
(4) consecutive weeks, in the Anchorage Daily News. Copies of the 
decision may be obtained by contacting the Alaska State Office of the 
Bureau of Land Management, 222 West Seventh Avenue, #13, Anchorage, 
Alaska 99513-7599 ((907) 271-5960).
    Any party claiming a property interest which is adversely affected 
by the decision, an agency of the Federal government or regional 
corporation, shall have until January 12, 1998 to file an appeal. 
However, parties receiving service by certified mail shall have 30 days 
from the date of receipt to file an appeal. Appeals must be filed in 
the Bureau of Land Management at the address identified above, where 
the requirements for filing an appeal may be obtained. Parties who do 
not file an appeal in accordance with the requirements of 43 CFR Part 
4, Subpart E, shall be deemed to have waived their rights.
Patricia A. Baker,
Land Law Examiner, ANCSA Team, Branch of 962 Adjudication.
[FR Doc. 97-32402 Filed 12-10-97; 8:45 am]
BILLING CODE 4310-$$-P
[Federal Register Volume 62, Number 239 (Friday, December 12, 1997)]
[Proposed Rules]
[Page 65402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32474]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[I.D. 042597B]


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Gulf of Maine Harbor Porpoise Take Reduction Plan 
Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Reopening of public comment period.

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

SUMMARY: On August 13, 1997, NMFS published proposed regulations to 
implement a plan to reduce the bycatch and mortality of harbor 
porpoises that occur incidental to sink gillnet fishing in the Gulf of 
Maine. The public comment period for the proposed regulations ended on 
October 14, 1997. NMFS is hereby reopening the public comment period 
for an additional 30 days. The comment period will reopen on December 
16, 1997, and extend until January 14, 1998.

DATES: Written comments must be received on or before January 14, 1998.

ADDRESSES: Send comments on the proposed regulations to Chief, Marine 
Mammal Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910, or 
by calling (301) 713-2322. Copies of the draft Harbor Porpoise Take 
Reduction Plan (HPTRP) and Environmental Assessment are available upon 
request from Douglas Beach, Northeast Region, NMFS, One Blackburn 
Drive, Gloucester, MA 01930, or from Donna Wieting, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Kevin Chu, NMFS, 508-495-2291 or Donna 
Wieting, NMFS, 301-713-2322.

SUPPLEMENTARY INFORMATION: On August 13, 1997 (62 FR 43302), NMFS 
published a proposed regulation to implement a plan to reduce the 
bycatch and mortality of harbor porpoises that occur incidental to sink 
gillnet fishing in the Gulf of Maine. These regulations were based on a 
draft HPTRP submitted by the Gulf of Maine Harbor Porpoise Take 
Reduction Team (HPTRT) pursuant to the Marine Mammal Protection Act. 
The notice indicated that comments must be received by October 14, 
1997.
    NMFS has decided to reconvene the HPTRT on December 16 and 17, 
1997. NMFS has, therefore, decided to reopen the public comment period 
on the proposed regulations for an additional 30 days from the first 
date of the HPTRT meeting.

    Dated: December 8, 1997.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 97-32474 Filed 12-11-97; 8:45 am]
BILLING CODE 3510-22-F
#### In the Matter of Johnathan Johnson, Appellant, v Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.

[736 NYS2d 284]

Crew III, J.

Appeal from a judgment of the Supreme Court (Castellino, J.), entered February 5, 2001 in Chemung County, which, inter alia, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to prohibit and/or compel certain practices at South-port Correctional Facility.

Petitioner commenced this proceeding pursuant to CPLR article 78 to challenge certain practices purportedly taking place at Southport Correctional Facility in Chemung County where he is incarcerated. Specifically, petitioner alleged that facility staff assaulted inmates, denied or delayed medical treatment for inmates, improperly applied waist restraints and routinely retaliated against inmates who filed grievances. Petitioner thereafter moved for a preliminary injunction and to certify the proceeding as a class action, and respondents cross-moved to dismiss the petition for failure to exhaust administrative remedies and/or state a cause of action. Supreme Court denied petitioner’s respective motions and granted respondents’ cross motion, prompting this appeal.

We affirm. As a starting point, the record reflects that with the exception of one particular grievance, the denial of which petitioner does not challenge on this appeal, petitioner failed to exhaust his administrative remedies. Moreover, even assuming that petitioner was able to clear this procedural hurdle, dismissal nonetheless would be required as the underlying petition fails to state a cause of action. A petition in a special proceeding must comply with the pleading requirements applicable to a complaint in a civil action *(see,*CPLR 402), including the requirement that the pleading contain allegations “sufficiently particular to give the court and the parties notice of *845the transactions [or] occurrences * * * intended to be proved and the material elements of each cause of action or defense” (CPLR 3013). In our view, the conclusory and generalized statements contained in the petition, which are unsupported by any specific factual allegations, fall far short of meeting the requirements of CPLR 3013 and, as such, the petition was properly dismissed (see *generally, Matter of Ross v Goord,*262 AD2d 883, *appeal dismissed*93 NY2d 1039). Petitioner’s remaining contentions have been examined and found to be lacking in merit.

Mercure, J.P., Spain, Carpinello and Rose, JJ., concur. Ordered that the judgment is affirmed, without costs.
#### LIBERTY EQUITIES CORPORATION, a Florida corporation, Appellant, v. JOE’S CREEK INDUSTRIAL PARK, INC., a Florida corporation, Appellee.

No. 69-202.

District Court of Appeal of Florida. Second District.

Jan. 9, 1970.

Appeal dismissed.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2425 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 2425

            To authorize a National Poverty Research Center.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 8, 2021

  Mr. Pocan introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
            To authorize a National Poverty Research Center.

    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 ``National Poverty Research Center 
Authorization Act''.

SEC. 2. NATIONAL POVERTY RESEARCH CENTER.

    (a) Establishment.--The Secretary of Health and Human Services 
shall award, every 5 years, one or more 5-year grants or cooperative 
agreements with institutions of higher education (as defined in section 
101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to 
operate one or more National Poverty Research Centers.
    (b) Research.--
            (1) In general.--National Poverty Research Centers shall 
        perform poverty policy research, poverty policy research 
        training, and poverty policy research dissemination.
            (2) Collaboration.--National Poverty Research Centers shall 
        coordinate formal networks in order to facilitate a 
        sustainable, nationwide infrastructure of poverty policy 
        researchers and to better inform public policies that seek to 
        reduce poverty and its effects in the United States.
                                 <all>
```
# 2011-10-044 Format

info@montverdeumc.org
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2449 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 2449

     To amend the CARES Act to extend the waiver of matching funds 
         requirement under the women's business center program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2021

  Ms. Newman introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
     To amend the CARES Act to extend the waiver of matching funds 
         requirement under the women's business center program.

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

SECTION 1. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT UNDER THE 
              WOMEN'S BUSINESS CENTER PROGRAM.

    Section 1105 of the CARES Act (15 U.S.C. 9004) is amended by 
striking ``June 30, 2021'' and inserting ``September 30, 2021''.
                                 <all>
```
#### ATLAS MANUFACTURING CO., a Minnesota corporation, Appellant, v. BARLIN CONSTRUCTION CORP., a Florida corporation, Appellee.

No. 70-684.

District Court of Appeal of Florida, Third District.

Feb. 23, 1971.

PER CURIAM.

Affirmed.