alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<PAGE>

                                                                    EXHIBIT 23.1

                    Consent of Independent Public Accountants


General Partner
Essex Portfolio, L.P.:

We consent to incorporation by reference in the registration statement on Form
S-3 (No. 333-44467) of Essex Portfolio, L.P. our report dated February 4,
2000, relating to the consolidated balance sheets of Essex Portfolio, L.P. and
subsidiaries as of December 31, 1999 and 1998, and the related consolidated
statements of operations, partners' capital and cash flows of Essex Portfolio,
L.P. and subsidiaries for each of the years in the three-year period ended
December 31, 1999. and the related financial statement schedule, which report
appears in the December 31, 1999 annual report on Form 10-K of Essex
Portfolio, L.P.


KPMG LLP

San Francisco, California
March 30, 2000
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-1349

T. TERANCE BRYAN, a/k/a Terrence Terell Bryan, a/k/a T. 

Terell Bryan,

Plaintiff – Appellant,

v.

BRISTOL-MYERS SQUIBB COMPANY,

Defendant - Appellee.

Appeal from the United States District Court for the District of 

South Carolina, at Beaufort. Terry L. Wooten, Chief District 

Judge. (9:13-cv-01826-TLW)

Submitted: December 15, 2014 Decided: December 19, 2014

Before WILKINSON, AGEE, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

T. Terance Bryan, Appellant Pro Se. Sara Theresa Eibling, NELSON 

MULLINS RILEY & SCARBOROUGH, LLP, Columbia, South Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

T. Terance Bryan appeals the district court’s orders

dismissing this action pursuant to Fed. R. Civ. P. 41(b) and 

denying his motion for reconsideration. The district court 

referred this case to a magistrate judge pursuant to 28 U.S.C. 

§ 636(b)(1)(B) (2012). The magistrate judge recommended 

dismissal and advised Bryan that failure to file timely, 

specific objections to this recommendation could waive appellate 

review of a district court order based upon the recommendation.

The timely filing of specific objections to a 

magistrate judge’s recommendation is necessary to preserve 

appellate review of the substance of that recommendation when 

the parties have been warned of the consequences of 

noncompliance. Wright v. Collins, 766 F.2d 841, 845-46 (4th 

Cir. 1985); see also Thomas v. Arn, 474 U.S. 140 (1985). Bryan

has waived appellate review by failing to file objections after 

receiving proper notice. Accordingly, we affirm the judgment of 

the district court.

We deny the motions for stay, for intervention, and to 

place the case in abeyance. We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before this court and argument would not aid 

the decisional process.

AFFIRMED
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-10-00669- CV

Bruce D. A thert on & Associates, P .L.L.C., and Bruce D. A thert on, App ellants
v. William Cor des, Appellee

F ROM TH E DISTRI CT COURT O F F AY ETTE COUNTY , 155 TH JUDICI AL DISTRICT

NO. 200 9V-2 27, H ONO RAB LE DAN R. B ECK, JUDGE P RESIDING

M E M O R A N D U M O P I N I O N The parties have filed a joint motion to abate appea l pending approva l of a settlement ag ree ment. We g rant the motion and abate the appea l for nin et y d ay s, until May 5, 2011. On or befor e that date, the parties are to repor t to this Court about the status of the underly ing cause . Should the trial co urt approve the parties’ settlement ag ree ment, the parties are to promptly file a motion to reinstate and dismiss the appea l.

____________________________________ David Pury ear , J ustice Be fore J ustices Pury ear , Pemberton and Rose Abated Filed: F ebrua

ry 4, 2011
<TABLE> <S> <C>

<ARTICLE>                     9
<MULTIPLIER>                  1,000
       
<S>                                     <C>
<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                       DEC-31-1998
<PERIOD-END>                            MAR-31-1998
<CASH>                                  4,694
<INT-BEARING-DEPOSITS>                  3,939
<FED-FUNDS-SOLD>                        9,000
<TRADING-ASSETS>                            0 
<INVESTMENTS-HELD-FOR-SALE>            31,994
<INVESTMENTS-CARRYING>                 41,445
<INVESTMENTS-MARKET>                   41,445
<LOANS>                               157,817 
<ALLOWANCE>                             1,244
<TOTAL-ASSETS>                        253,699
<DEPOSITS>                            200,185
<SHORT-TERM>                                0
<LIABILITIES-OTHER>                    13,802
<LONG-TERM>                                 0
<COMMON>                                  265
<PREFERRED-MANDATORY>                       0
<PREFERRED>                                 0
<OTHER-SE>                             39,447
<TOTAL-LIABILITIES-AND-EQUITY>        253,699
<INTEREST-LOAN>                         3,345
<INTEREST-INVEST>                         821
<INTEREST-OTHER>                            0
<INTEREST-TOTAL>                        4,166
<INTEREST-DEPOSIT>                      2,007
<INTEREST-EXPENSE>                      2,007
<INTEREST-INCOME-NET>                   2,159
<LOAN-LOSSES>                              30
<SECURITIES-GAINS>                        236
<EXPENSE-OTHER>                         1,498
<INCOME-PRETAX>                         1,035
<INCOME-PRE-EXTRAORDINARY>              1,035
<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                              769
<EPS-PRIMARY>                            0.87
<EPS-DILUTED>                            0.87
<YIELD-ACTUAL>                           8.20
<LOANS-NON>                               197
<LOANS-PAST>                              315
<LOANS-TROUBLED>                          141
<LOANS-PROBLEM>                             0
<ALLOWANCE-OPEN>                        1,249
<CHARGE-OFFS>                              44
<RECOVERIES>                               10
<ALLOWANCE-CLOSE>                       1,244
<ALLOWANCE-DOMESTIC>                    1,244 
<ALLOWANCE-FOREIGN>                         0
<ALLOWANCE-UNALLOCATED>                     0
        

</TABLE>
From: McDonough, Kevin

To: Timothy W Lohner

Subject: RE: EPA request for confidential drawings

Date: Thursday, August 13, 2015 11:03:33 AM

This is an EXTERNAL email. STOP. THINK before you CLICK links or OPEN

 attachments.

Tim,

UCC grants permission to share these (2) drawings (M-54758-025, Sheets 1 and 2) with EPA. 

Thank you for the message and your consideration.  UCC greatly values our relationship with AEP. 

Please advise if we can be of any further assistance.

Kevin L. McDonough

Vice President, Sales & Marketing

United Conveyor Corporation  |  2100 Norman Dr. West  |  Waukegan, IL 60085

P:  847.473.5900 x350  |  F:  847.473.5959

From: Timothy W Lohner [mailto:twlohner@aep.com]

Sent: Thursday, August 13, 2015 9:14 AM

To: McDonough, Kevin <KevinMcDonough@unitedconveyor.com>

Subject: EPA request for confidential drawings

Kevin, USEPA conducted a site visit at AEP’s Amos Plant on November 4, 2014.  As part of that visit,

they drafted site visit notes (see attached cover letter), which included a request for flow diagrams

of the fly ash and bottom ash handling systems.  AEP engineers have put together a set of drawings,

which includes two from UCC (attached).  All of the drawings will be marked as “confidential

business information” and we intend to provide them to EPA subject to the claim for confidential

treatment.

This is to notify you of our intentions and ideally, obtain UCC’s permission to share the drawings with

EPA.  Legally, EPA has the authority to request and receive the drawings.  Since they are in AEP’s

possession, we need to provide them, but in the interest of our relationship with UCC, your

permission would be appreciated.

The information is due to EPA on Monday, however, since I cannot email any CBI information, I need

to send it by Fed Ex by the COB tomorrow.  If at all possible, receiving a response from UCC before

then would be appreciated.

Thanks!

Tim
Tim Lohner, Ph.D. Consulting Environmental Specialist

American Electric Power, 1 Riverside Plaza, Columbus, OH 43215

614-716-1255   twlohner@aep.com

This electronic mail message and any attached files contain information intended for the exclusive use of the individual or entity to whom

 it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable

 law. If you are not the intended recipient, you are strictly prohibited from disclosing, copying, distributing or using any of this information.

 If you received this communication in error, please contact the sender immediately and destroy the material in its entirety.
II 

113TH CONGRESS 

1ST SESSION H. R. 3210 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 30, 2013 

Received 

AN ACT 

Making continuing appropriations for military pay in the 

event of a Government shutdown. 

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


emcdonald on DSK67QTVN1PROD with BILLS
2 

HR 3210 RDS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Pay Our Military Act’’. 

3 SEC. 2. CONTINUING APPROPRIATIONS FOR MEMBERS OF 

4 THE ARMED FORCES. 

5 (a) IN GENERAL.—There are hereby appropriated for 

6 fiscal year 2014, out of any money in the Treasury not 

7 otherwise appropriated, for any period during which in8 terim or full-year appropriations for fiscal year 2014 are 

9 not in effect— 

10 (1) such sums as are necessary to provide pay 

11 and allowances to members of the Armed Forces (as 

12 defined in section 101(a)(4) of title 10, United 

13 States Code), including reserve components thereof, 

14 who perform active service during such period; 

15 (2) such sums as are necessary to provide pay 

16 and allowances to the civilian personnel of the De17 partment of Defense (and the Department of Home18 land Security in the case of the Coast Guard) whom 

19 the Secretary concerned determines are providing 

20 support to members of the Armed Forces described 

21 in paragraph (1); and 

22 (3) such sums as are necessary to provide pay 

23 and allowances to contractors of the Department of 

24 Defense (and the Department of Homeland Security 

25 in the case of the Coast Guard) whom the Secretary 

26 concerned determines are providing support to memVerDate Mar 15 2010 21:36 Oct 01, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3210.RDS H3210

emcdonald on DSK67QTVN1PROD with BILLS
3 

HR 3210 RDS 

1 bers of the Armed Forces described in paragraph 

2 (1). 

3 (b) SECRETARY CONCERNED DEFINED.—In this sec4 tion, the term ‘‘Secretary concerned’’ means— 

5 (1) the Secretary of Defense with respect to 

6 matters concerning the Department of Defense; and 

7 (2) the Secretary of Homeland Security with re8 spect to matters concerning the Coast Guard. 

9 SEC. 3. TERMINATION. 

10 Appropriations and funds made available and author11 ity granted pursuant to this Act shall be available until 

12 whichever of the following first occurs: (1) the enactment 

13 into law of an appropriation (including a continuing ap14 propriation) for any purpose for which amounts are made 

15 available in section 2; (2) the enactment into law of the 

16 applicable regular or continuing appropriations resolution 

17 or other Act without any appropriation for such purpose; 

18 or (3) January 1, 2015. 

Passed the House of Representatives September 29 

(legislative day September 28), 2013. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK67QTVN1PROD with BILLS
Exhibit 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       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 Berthel Growth & Income Trust I (the
"Company") on Form 10-Q for the period ending September 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas J. Berthel, Chief Executive Officer of Berthel Fisher & Company Planning,
Inc., the Trust Advisor of the Company, 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 Company's 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.


November 12, 2008                           /s/  Thomas J. Berthel
                                            -----------------------------------
                                                 Thomas J. Berthel
                                                 President and
                                                 Chief Executive Officer
                                                 Berthel Fisher &
                                                 Company Planning, Inc.
                                                 Trust Advisor
                                                 Berthel Growth & Income Trust I
**EXHIBIT
      32.1**


**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 Apollo Gold Corporation (the “Company”)
      on Form 10-Q for the quarter ended September 30, 2007, as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), the
      undersigned hereby certifies, 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 result of operations of the Company.





/s/
                R. DAVID RUSSELLR.
                David RussellPresident
                and Chief Executive OfficerNovember
                13, 2007/s/
                MELVYN WILLIAMSMelvyn
                WilliamsChief
                Financial Officer and Senior VicePresident-Finance
                and Corporate DevelopmentNovember
                13, 2007




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.
#### Ex parte STRONG.

No. 25139.

Court of Criminal Appeals of Texas.

Dec. 6, 1950.

*871None on appeal for appellant.

George P. Blackburn, State’s Atty., of Austin, for the State.

WOODLEY, Commissioner.

The question involved in this appeal is identical with that in Cause No. 25137, Ex parte Van Derrick, Tex.Cr.App., 234 S.W.2d 870.

Relator having been convicted of robbery on his plea of guilty to several indictments charging such offense, the question of his right to bail has become moot.

The appeal is dismissed.

Opinion approved by the Court.
IV

103D CONGRESS

1ST SESSION H. CON. RES. 139

To express the sense of the Congress that activities performed by the White

House Travel and Telegraph Office should be procured from the private

sector.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 6, 1993

Mr. SANGMEISTER submitted the following concurrent resolution; which was

referred to the Committee on Government Operations

CONCURRENT RESOLUTION

To express the sense of the Congress that activities performed by the White House Travel and Telegraph Office

should be procured from the private sector.

1 Resolved by the House of Representatives (the Senate

2 concurring), That it is the sense of the Congress that—

3 (1) all activities that before the date of the

4 adoption of this resolution were performed by the

5 White House Travel and Telegraph Office (com6 monly referred to as the ‘‘White House Travel Of7 fice’’) and that can be performed by private business

8 should be procured from the private sector; and
2

•HCON 139 IH

1 (2) Federal personnel employed in the White

2 House should not perform any of those activities.

Æ
<partyblock><br><br><div align="center"><b><font size="+1">Progressive Orthopedics, PLLC, as Assignee of Sean A. Wilkerson, Respondent, <br><br>against<br><br>The Hertz Corporation, Appellant.</font></b></div><br><br><p>Robyn M. Brilliant, Esq., for appellant.Israel, Israel &amp; Purdy, LLP, (Jennifer Greenhalgh Howard, Esq.), for respondent.</p><p>Appeal from a judgment of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered October 31, 2013. The judgment, after a nonjury trial, awarded plaintiff the principal sum of $5,801.70.</p><p>ORDERED that the judgment is reversed, with $30 costs, and the matter is remitted to the Civil Court for a new trial.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, defendant denied plaintiff's claim on the ground that plaintiff's assignor had failed to appear for duly scheduled independent medical examinations (IMEs). At a nonjury trial, the parties stipulated to plaintiff's prima facie case, defendant's timely denial based on plaintiff's assignor's failure to appear for duly scheduled IMEs, and the admission into evidence of plaintiff's bill and defendant's denial of claim form. The Civil Court did not allow defendant to present any evidence in support of its defense that plaintiff's assignor had failed to appear for duly scheduled IMEs, which would constitute a failure to comply with a condition precedent to coverage (<a href="../2006/2006_09604.htm" target="_blank"><i>see Stephen Fogel Psychological, P.C. v Progressive Cas. Ins. Co.</i>, 35 AD3d 720</a> [2006]), because the court held that a prior order of the same court (Wavny Toussaint, J.), which had denied defendant's summary judgment motion based on that failure to appear, had already determined that defendant could not establish that defense. The court further stated that, as there were no triable issues of fact, plaintiff's motion for a directed verdict was granted. A judgment was subsequently entered awarding plaintiff the principal sum of $5,801.70.</p><p>For the reasons stated in<i> Progressive Orthopedics, PLLC, as Assignee of Sean A. Wilkerson v The Hertz Corp.</i> (__ Misc 3d ___, 2017 NY Slip Op _____ [appeal No. 2014-1114 K C], decided herewith), the judgment is reversed and the matter is remitted to the Civil Court for a new trial.</p><p>Pesce, P.J., Weston and Aliotta, JJ., concur.</p><br><br>Decision Date: June 02, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
H. R. 3487 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the third day of January, two thousand and thirteen 

An Act 

To amend the Federal Election Campaign Act to extend through 2018 the authority 

of the Federal Election Commission to impose civil money penalties on the basis 

of a schedule of penalties established and published by the Commission, to expand 

such authority to certain other violations, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY 

OF FEDERAL ELECTION COMMISSION THROUGH 2018. 

Section 309(a)(4)(C)(iv) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 437g(a)(4)(C)(iv)) is amended by striking 

‘‘December 31, 2013’’ and inserting ‘‘December 31, 2018’’. 

SEC. 2. EXPANSION OF ADMINISTRATIVE PENALTY AUTHORITY OF 

FEDERAL ELECTION COMMISSION. 

(a) APPLICATION TO QUALIFIED DISCLOSURE REQUIREMENTS.— 

Section 309(a)(4)(C)(i) of the Federal Election Campaign Act of 

1971 (2 U.S.C. 437g(a)(4)(C)(i)) is amended by striking ‘‘any requirement of section 304(a) of the Act (2 U.S.C. 434(a))’’ and inserting 

‘‘a qualified disclosure requirement’’. 

(b) SCHEDULE OF PENALTIES FOR EACH VIOLATION.—Section 

309(a)(4)(C)(i)(II) of the Federal Election Campaign Act of 1971 

(2 U.S.C. 437g(a)(4)(C)(i)(II)) is amended by inserting ‘‘, for violations of each qualified disclosure requirement,’’ before ‘‘under a 

schedule of penalties’’. 

(c) DEFINITION OF QUALIFIED DISCLOSURE REQUIREMENT.—Section 309(a)(4)(C) of the Federal Election Campaign Act of 1971 

(2 U.S.C. 437g(a)(4)(C)) is amended— 

(1) by redesignating clause (iv), as amended by section 

1, as clause (v); and 

(2) by inserting after clause (iii) the following new clause: 

‘‘(iv) In this subparagraph, the term ‘qualified disclosure requirement’ means any requirement of— 

‘‘(I) subsections (a), (c), (e), (f), (g), or (i) of section 

304; or 

‘‘(II) section 305.’’. 
H. R. 3487—2 

SEC. 3. EFFECTIVE DATE. 

The amendments made by this Act shall take effect on the 

earlier of— 

(1) December 31, 2013; or 

(2) the date of the enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.