alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### MILLER v. FIERS et al.

Court of Appeals of Kentucky.

Oct. 13, 1953.

*630B. M. Westberry, Marion, for appellant.

Robert B. Reed, Paducah, for appellees.

CAMMACK, Justice.

W. F. Miller, Jr., and H. B. Fiers were candidates for the Democratic nomination for the office of magistrate in District No. 1 in Livingston County at the last August primary. The election commissioners certified that Fiers defeated Miller by one vote. Miller asked for a recount which resulted in a total vote of 234 for Fiers and 233 for Miller. On this appeal Miller contends that the court erred in rejecting one ballot, which, if counted, would have given the candidates an equal number of votes.

KRS 119.230 provides that, in the event the county board of election commissioners finds that two or more candidates received the highest and equal number of votes for the nomination for the same office, it shall determine by lot which of the candidates is nominated.

On the ballot in question the voter voted in each of six races listed thereon. All of the six stencil marks are smudged somewhat, two of them less than the other four. The markings may have been caused by an excess amount of ink on the stencil, or by the voter having pressed unnecessarily hard on the stencil. In no instance does the stencil mark appear wholly within the square opposite a candidate’s name, nor does more than one stencil mark appear in any race. In three races, including that for magistrate, the stencil mark extends into the square opposite the name of the candidate appearing bekw the name of the candidate whose square contains the principal marking. We think this voter intended to vote for Miller in the magistrate’s race. Only one stencil mark was made in the magistrate’s race. Actually this mark extends beyond all four sides of the square opposite Miller’s name and only a very small edge of the mark touches the square opposite Fiers’ name. This ballot should, have been counted for Miller.

In the case of Brown v. St. Clair, 311 Ky. 24, 223 S.W.2d 173, some of the ballots in question contained markings similar to those in the instant case. We said there that the marks were sufficient to indicate the voter’s choice and were not marks within the meaning of the statute prohibiting the counting of any ballot which bears a mark by which the identity of the voter may be determined. KRS 118.320.

Judgment reversed, with directions to set it aside, and for the entry of a judgment in conformity with this opinion.
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLICACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statement No. 333-132065on Form S-8 of our report dated March 31, 2006 relating to theconsolidated financial statements and financial statement schedule ofRockwood Holdings, Inc. appearing in this Annual Report on Form 10-Kof Rockwood Holdings, Inc. for the year ended December 31, 2005.

 

 
| /s/ Deloitte & Touche LLP |   |
|------------------------------------|--------|
|                               |
| Parsippany, New Jersey             |
| March 31, 2006                |

 

----
Emailing: 2004.bmp

Ralph DeSiena to: Cleveland Holladay 11/10/2011 04:11 PM

2 attachments

2004.bmp 2004.txt

Cleve,

I'll send each year separately do to size.

Ralph
<PAGE>   1
                                                                      EXHIBIT 23


CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 Nos. 33-54854, 33-75102 and 33-89004) pertaining to the 1991 Stock
Option Plan, in the Registration Statement (Form S-8 No. 33-54856) pertaining to
the 1991 Nonemployee Directors Stock Option Plan, and in the Registration
Statements (Form S-8 Nos. 33-9466, 33-11244, 33-30345, 33-34598, 33-34599,
33-34600, 33-40614 and 333-69109), pertaining to the Amended and Restated 1982
Stock Option Plan and the 1986 Employee Stock Purchase Plan, and in the
Registration Statements (Form S-3 Nos. 33-78718, 333-16879, 333-29823 and
333-69107), pertaining to the registration of Common Stock Warrants and the
Common Stock of IntelliCorp, Inc., of our report dated August 10, 1999, with
respect to the consolidated financial statements of IntelliCorp, Inc. included
in this Annual Report (Form 10-KSB) for the year ended June 30, 1999.


                                                           /s/ ERNST & YOUNG LLP


Palo Alto, California
September 27, 1999
[Federal Register Volume 89, Number 43 (Monday, March 4, 2024)]
[Notices]
[Page 15634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04406]


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

DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0668]


Agency Information Collection Activity: Supplemental Income 
Questionnaire (For Philippine Claims Only); Withdrawn

AGENCY:  Veterans Benefits Administration, Department of Veterans 
Affairs.

ACTION: Notice; withdrawal.

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

SUMMARY: On Monday, February 26, 2024, the Veterans Benefits 
Administration (VA), published a notice in the Federal Register 
announcing an opportunity for public comment on the proposed collection 
Supplemental Income Questionnaire (For Philippine Claims Only). This 
notice was published in error; therefore, this document corrects that 
error by withdrawing this FR notice, document number 2024-03764.

DATES: As of Tuesday, February 27, 2024, the FR notice published at 89 
FR 14153 on Monday, February 26, 2024, is withdrawn.

FOR FURTHER INFORMATION CONTACT: Maribel Aponte, Office of Enterprise 
and Integration, Data Governance Analytics (008), 810 Vermont Ave. NW, 
Washington, DC 20006, (202) 266-4688 or email <a href="/cdn-cgi/l/email-protection#7d101c0f141f1811531c0d121309183d0b1c531a120b"><span class="__cf_email__" data-cfemail="fb969a8992999e97d59a8b94958f9ebb8d9ad59c948d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: FR Doc. 2024-03764, published on Monday, 
February 26, 2024, is withdrawn by this notice.

    By direction of the Secretary.
Maribel Aponte,
VA PRA Clearance Officer, Office of Enterprise and Integration/Data 
Governance Analytics, Department of Veterans Affairs.
[FR Doc. 2024-04406 Filed 3-1-24; 8:45 am]
BILLING CODE 8320-01-P


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```

[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Notices]
[Pages 66962-66963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27300]

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

DEPARTMENT OF ENERGY

Environmental Management Site-Specific Advisory Board, Nevada

AGENCY: Department of Energy.

ACTION: Notice of Open Meeting.

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

SUMMARY: This notice announces a meeting of the Environmental 
Management Site-Specific Advisory Board (EM SSAB), Nevada. The Federal 
Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770) requires that 
public notice of this meeting be announced in the Federal Register.

DATES: Wednesday, November 28, 2012, 5:00 p.m.

ADDRESSES: National Atomic Testing Museum, 755 E. Flamingo Road, Las 
Vegas, Nevada 89119.

FOR FURTHER INFORMATION CONTACT: Barbara Ulmer, Board Administrator, 
232 Energy Way, M/S 505, North Las Vegas, Nevada 89030. Phone: (702) 
630-0522; Fax (702) 295-5300 or Email: NSSAB@nv.doe.gov.

SUPPLEMENTARY INFORMATION: Purpose of the Board: The purpose of the 
Board is to make recommendations to DOE-EM and site management in the 
areas of environmental restoration, waste management, and related 
activities.
    Tentative Agenda:

[[Page 66963]]

Tentative Agenda

1. U-233 Waste Briefing/Update
2. Site-Wide Environmental Impact Statement Briefing/Update
3. Nye County Drilling Presentation
4. Industrial Sites-Closing Use Restriction Sites Presentation

    Public Participation: The EM SSAB, Nevada, welcomes the attendance 
of the public at its advisory committee meetings and will make every 
effort to accommodate persons with physical disabilities or special 
needs. If you require special accommodations due to a disability, 
please contact Barbara Ulmer at least seven days in advance of the 
meeting at the phone number listed above. Written statements may be 
filed with the Board either before or after the meeting. Individuals 
who wish to make oral presentations pertaining to agenda items should 
contact Barbara Ulmer at the telephone number listed above. The request 
must be received five days prior to the meeting and reasonable 
provision will be made to include the presentation in the agenda. The 
Deputy Designated Federal Officer is empowered to conduct the meeting 
in a fashion that will facilitate the orderly conduct of business. 
Individuals wishing to make public comments will be provided a maximum 
of five minutes to present their comments.
    Minutes: Minutes will be available by writing to Barbara Ulmer at 
the address listed above or at the following Web site: http://nv.energy.gov/nssab/MeetingMinutes.aspx.

    Issued at Washington, DC on November 2, 2012.
LaTanya R. Butler,
Acting Deputy Committee Management Officer.
[FR Doc. 2012-27300 Filed 11-7-12; 8:45 am]
BILLING CODE 6450-01-P
```
December 14, 1977



### 77-69 MEMORANDUM OPINION FOR THE

DIRECTOR OF THE NAVAL PETROLEUM AND OIL SHALE RESERVES, DEPARTMENT

OF ENERGY

Presidential Approval of Naval Petroleum Reserve
Contract NOd 4219-2664

This is in response to your request that this Office reconsider the Attorney General’s statement, drafted by this Office, that Presidential approval of Naval Petroleum Reserve Contract NOd 4219-2664 was required by 10 U.S.C. §7431(a) (Supp. 1976). That statement reads as

follows:

[w]e are of the opinion that the Secretary of the Navy is authorized to enter into Contract NOd 4219-2664, subject to consultation with Congress and the approval of the President, as required by 10 U.S.C. § 7431(a) (Supp. 1976).

You have evidently understood this to mean that the statute required Presidential approval of the contract in question.Section 7431(a) enumerates a number of types of contracts that require the approval of the President after consultation with Congress. The common element of these transactions is that they involve the possible diminution of the rights of the United States with respect to ownership of the reserves, production, or sale of petroleum from the reserves, or receipt of moneys due to the United States on account of the reserves. Contract NOd 4219-2664 gives the consent of the United States to the transfer of certain rights and liabilities under previous contracts with Standard Oil Company of California (“Socal”) to a wholly owned subsidiary. Socal guarantees the payment of all future liabilities of the subisidiary, the subsidiary assumes all of the existing liabilities of Socal, and both agree that the United States is not liable for any new costs, taxes, or expenses arising from the agreement.Accordingly, the contract does not fall within the categories enumerated by § 7431(a).

278The statement meant the contract was authorized by law but that

Congress should be consulted and Presidential approval obtained to theextent required by 10 U.S.C. § 7431(a) (Supp. 1976). Because this contract is not within § 7431(a), the reference to action required by that statute should be disregarded.

L e o n U l m a n Deputy Assistant Attorney General

Office o f Legal Counsel

279
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-30240 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSÉ ANGEL ORTIZ-CARDENAS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana

USDC No. 96-CR-114-A

- - - - - - - - - - December 9, 1997 Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM: * José Angel Ortiz-Cardenas appeals his sentence for illegal reentry of a deported alien by arguing that the district court erred by sentencing him pursuant to 8 U.S.C. § 1326(b)(2) instead of subsection (a). He concedes that his argument is foreclosed by United States v. Vasquez-Olvera , 999 F.2d 943, 946 (5th Cir. 1993). Notwithstanding that our decision in United States v. Almendarez-Torres , 113 F.3d 515 (5th Cir. 1996), is pending in the Supreme Court, see 117 S. Ct. 1333 (1997), one panel may notNo. 97-30240 -2- overrule the decision of a prior panel absent en banc

reconsideration or superseding Supreme Court authority. Pruitt v. Levi Strauss & Co. , 932 F.2d 458, 465 (5th Cir. 1991).
AFFIRMED.
EXHIBIT 32

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


         In connection  with the annual report for Diamond Ranch Foods,  Ltd, on
Form 10-KSB for the year ending March 31, 2005 as filed with the  Securities and
Exchange Commission on the date hereof (the "REPORT"), the undersigned,  William
DeMarzo,  Chief  Financial  Officer  and  Principal  Accounting  Officer  of the
Company,  certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:

         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 result of
                  operations of the Company.

Date: February 3, 2006


By:    /s/ William DeMarzo
    ---------------------------------------------------------------------
       William DeMarzo, Chief Financial Officer

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
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.
[Federal Register Volume 89, Number 41 (Thursday, February 29, 2024)]
[Notices]
[Page 14809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04282]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD750]


North Pacific Fishery Management Council; Public Meeting

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

ACTION: Notice of web conference.

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

SUMMARY: The North Pacific Fishery Management Council (Council) Pacific 
Northwest Crab Industry Advisory Committee (PNCIAC) will meet March 15, 
2024.

DATES: The meeting will be held on Friday, March 15, 2024, from 12 p.m. 
to 2 p.m., Alaska Time.

ADDRESSES: The meeting will be a web conference. Join online through 
the link at https://meetings.npfmc.org/Meeting/Details/3038.
    Council address: North Pacific Fishery Management Council, 1007 W 
3rd Ave., Suite 400, Anchorage, AK 99501-2252; telephone: (907) 271-
2809. Instructions for attending the meeting via video conference are 
given under SUPPLEMENTARY INFORMATION, below.

FOR FURTHER INFORMATION CONTACT: Sarah Marrinan, Council staff; phone; 
(907) 271-2809; email: <a href="/cdn-cgi/l/email-protection#f08391829198de9d918282999e919eb09e9f9191de979f86"><span class="__cf_email__" data-cfemail="9ceffdeefdf4b2f1fdeeeef5f2fdf2dcf2f3fdfdb2fbf3ea">[email protected]</span></a>. For technical support, 
please contact our admin Council staff, email: <a href="/cdn-cgi/l/email-protection#127c62747f713c73767f7b7c527c7d73733c757d64"><span class="__cf_email__" data-cfemail="412f31272c226f20252c282f012f2e20206f262e37">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Agenda

Friday, March 15, 2024

    The Committee will discuss several topics including: (a) consider 
Board of Fisheries proposals (e.g., smaller size limit for opilio and 
bairdi); (b) crab rationalization program review elements (T); and (c) 
other business. The agenda is subject to change, and the latest version 
will be posted https://meetings.npfmc.org/Meeting/Details/3038 prior to 
the meeting, along with meeting materials.

Connection Information

    You can attend the meeting online using a computer, tablet, or 
smart phone, or by phone only. Connection information will be posted 
online at: https://meetings.npfmc.org/Meeting/Details/3038.

Public Comment

    Public comment letters will be accepted and should be submitted 
electronically to https://meetings.npfmc.org/Meeting/Details/3038.
    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 26, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2024-04282 Filed 2-28-24; 8:45 am]
BILLING CODE 3510-22-P


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#### Roy HELTON, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

March 18, 1955.

Dan Cornette, Cornette & White, Harlan, for appellant.

J. D. Buckman, Jr., Atty. Gen., for ap-pellee.

PER CURIAM.

Motion for an appeal from the Harlan Circuit Court, by Roy Helton, from a judgment convicting him of violating KRS 242.-230 (possession of liquor for sale in dry territory), and fixing his punishment at a fine of $50 and confinement in the county jail for 30 days.

The trial court acted within its discretion in overruling the defendant’s challenge to the jury panel. McCarty v. Commonwealth, Ky., 251 S.W.2d 873; Commonwealth v. Hall, Ky., 258 S.W.2d 479.

A consideration of the entire record discloses no error prejudicial to the appellant’s substantial rights and therefore the judgment is affirmed.

HOGG, J., not sitting.
I 

112TH CONGRESS 

1ST SESSION H. R. 2083 

To authorize the acquisition of core battlefield land at Champion Hill, Port 

Gibson, and Raymond for addition to Vicksburg National Military Park. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 1, 2011 

Mr. THOMPSON of Mississippi introduced the following bill; which was referred 

to the Committee on Natural Resources 

A BILL 

To authorize the acquisition of core battlefield land at Champion Hill, Port Gibson, and Raymond for addition to 

Vicksburg National Military Park. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Champion Hill, Port 

5 Gibson, and Raymond Battlefields Addition Act’’. 

6 SEC. 2. VICKSBURG NATIONAL MILITARY PARK. 

7 (a) ACQUISITION OF LAND.— 

8 (1) IN GENERAL.—The Secretary of the Inte9 rior (referred to in this Act as the ‘‘Secretary’’) may 

10 acquire the land or interests in land within the area 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•HR 2083 IH

1 identified as ‘‘Modified Core Battlefield’’ for the 

2 Port Gibson Unit, the Champion Hill Unit, and the 

3 Raymond Unit and the area identified as ‘‘Golden 

4 West Cemetery’’ in Port Gibson, as generally de5 picted on the map entitled ‘‘Vicksburg National Mili6 tary Park–Proposed Battlefield Additions’’, num7 bered 306/100986A, and dated April 2011. 

8 (2) METHODS OF ACQUISITION.—Land and in9 terests in land may be acquired under paragraph (1) 

10 by donation, purchase from a willing seller with do11 nated or appropriated funds, or exchange, except 

12 that land owned by the State of Mississippi or any 

13 political subdivisions of the State may be acquired 

14 only by donation. 

15 (b) AVAILABILITY OF MAP.—The map described in 

16 subsection (a)(1) shall be on file and available for public 

17 inspection in the appropriate offices of the National Park 

18 Service. 

19 (c) BOUNDARY ADJUSTMENT.—On the acquisition of 

20 land by the Secretary under subsection (a)— 

21 (1) the acquired land shall be added to Vicks22 burg National Military Park; 

23 (2) the boundary of the Vicksburg National 

24 Military Park shall be adjusted to reflect the acquisi25 tion of the land; and 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•HR 2083 IH

1 (3) the acquired land shall be administered as 

2 part of the Vicksburg National Military Park in ac3 cordance with applicable laws (including regula4 tions). 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS
#### PHŒNIX JOINT STOCK LAND BANK OF KANSAS CITY, Appellant, v. Harry M. HOTSENPILLER, Debtor.

Nos. 10642, 10661.

Circuit Court of Appeals, Eighth Circuit.

July 14, 1937.

John F. Reinhardt and George W. Carter, both of Kansas City, Mo., and G. Logan Marr, of Versailles, Mo., for appellant.

H. K. Bente of Sedalia, Mo., for appellee.

PER CURIAM.

Appeals dismissed, on motion of appellant, with costs. *