alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES, Appellee, v. Gaylon E. KING, Private, U. S. Marine Corps, Appellant.

No. 29,525.

U. S. Court of Military Appeals.

Aug. 22, 1975.

*Lieutenant Gordon Stephen Wright,*JAGC, USNR, argued the cause for Appellant, Accused. With him on the brief was *Lieutenant Commander Jeffrey H. Bogart,*JAGC, USN.

*Lieutenant Commander Harvey E. Little,*JAGC, USN, argued the cause for Appellee, United States. With him on the brief was *Lieutenant Colonel P. N. Kress,*USMC.

OPINION OF THE COURT

COOK, Judge:

We granted review to consider a number of questions relating to the post-trial proceedings.

The Government concedes that staff judge advocate’s post-trial advice to the convening authority, required by Article 61, Uniform Code of Military Justice, 10 U.S.C. § 861, is deficient in a material respect. Consequently, remand of the record of trial is required. On such remand, appropriate action can be taken with regard to accused’s contention that he was denied the opportunity to explain or rebut adverse matter in the original review.1 The correctness of the proceedings that resulted in recision of the deferment of accused’s confinement need not be reviewed as the period of confinement adjudged by the court-martial has now expired, and there is no further risk of accused’s confinement even as a prisoner whose sentence has not been finally approved.

The decision of the Court of Military Review is reversed, and the action of the convening authority is set aside. The record of trial is returned to the Judge Advocate General for resubmission to the convening authority for proceedings consistent with this opinion.

Chief Judge FLETCHER and Senior Judge FERGUSON concur.

1

. See *United States v. Smith,*9 U.S.C.M.A. 145, 25 C.M.R. 407 (1958).
#### In the Matter of Steve Pirog et al., Appellants, v Susan Cockburn et al., Respondents.

Submitted January 29, 2007;

decided March 29, 2007

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.
[Federal Register Volume 65, Number 74 (Monday, April 17, 2000)]
[Notices]
[Page 20459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9452]


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

FEDERAL RESERVE SYSTEM


Notice of Proposals To Engage in Permissible Nonbanking 
Activities or To Acquire Companies that are Engaged in Permissible 
Nonbanking Activities

    The companies listed in this notice have given notice under section 
4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and 
Regulation Y, (12 CFR Part 225) to engage de novo, or to acquire or 
control voting securities or assets of a company, including the 
companies listed below, that engages either directly or through a 
subsidiary or other company, in a nonbanking activity that is listed in 
Sec. 225.28 of Regulation Y (12 CFR 225.28) or that the Board has 
determined by Order to be closely related to banking and permissible 
for bank holding companies. Unless otherwise noted, these activities 
will be conducted throughout the United States.
    Each notice is available for inspection at the Federal Reserve Bank 
indicated. The notice also will be available for inspection at the 
offices of the Board of Governors. Interested persons may express their 
views in writing on the question whether the proposal complies with the 
standards of section 4 of the BHC Act. Additional information on all 
bank holding companies may be obtained from the National Information 
Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding the applications must be 
received at the Reserve Bank indicated or the offices of the Board of 
Governors not later than May 11, 2000.
    A. Federal Reserve Bank of San Francisco (Maria Villanueva, 
Consumer Regulation Group) 101 Market Street, San Francisco, California 
94105-1579:
    1. The Dai-Ichi Kangyo Bank, Limited, Tokyo, Japan; to acquire CIT 
OnLine Bank, Salt Lake City, Utah, and thereby to engage de novo 
indirectly through the CIT Group, Inc., New York, New York, in the 
United States in industrial loan company activities, pursuant to 
section 225.28(b)(4) of Regulation Y.

    Board of Governors of the Federal Reserve System, April 11, 
2000.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 00-9452 Filed 4-14-00; 8:45 am]
BILLING CODE 6210-01-P
II 

Calendar No. 490 

114TH CONGRESS 

2D SESSION H. R. 2458 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2016 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

MAY 25, 2016 

Reported by Mr. JOHNSON, without amendment 

AN ACT 

To designate the facility of the United States Postal Service 

located at 5351 Lapalco Boulevard in Marrero, Louisiana, as the ‘‘Lionel R. Collins, Sr. Post Office Building’’. 

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

3 SECTION 1. LIONEL R. COLLINS, SR. POST OFFICE BUILD4 ING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 5351 Lapalco Boulevard in 

7 Marrero, Louisiana, shall be known and designated as the 

8 ‘‘Lionel R. Collins, Sr. Post Office Building’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 2458 RS

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Lionel R. Collins, Sr. 

5 Post Office Building’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS

asabaliauskas on DSK3SPTVN1PROD with BILLS
Calendar No. 490 

114TH CONGRESS 

2D SESSION H. R. 2458 

AN ACT 

To designate the facility of the United States PostSr. Post Office Building’’. Marrero, Louisiana, as the ‘‘Lionel R. Collins, al Service located at 5351 Lapalco Boulevard in 

MAY 25, 2016 

Reported without amendment 


asabaliauskas on DSK3SPTVN1PROD with BILLS
[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Notices]
[Page 52285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20250]


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

SURFACE TRANSPORTATION BOARD

[Docket No. EP 519 (Sub-No. 5)]


Renewal of National Grain Car Council

AGENCY: Surface Transportation Board.

ACTION: Notice of intent to renew charter.

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

SUMMARY: In accordance with the Federal Advisory Committee Act, notice 
is hereby given that the Surface Transportation Board (Board) intends 
to renew the charter of the National Grain Car Council (NGCC).

ADDRESSES: A copy of the charter is available on the Board's website at 
https://prod.stb.gov/resources/stakeholder-committees/grain-car-council/.

FOR FURTHER INFORMATION CONTACT: Alan Cassiday, Designated Federal 
Officer, at (202) 245-0308. Assistance for the hearing impaired is 
available through the Federal Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: The NGCC functions as a continuing working 
group to facilitate private-sector solutions and recommendations to the 
Board on matters affecting grain transportation. The NGCC functions 
solely as an advisory body and complies with the provisions of the 
Federal Advisory Committee Act (FACA), 5 U.S.C. app., and its 
implementing regulations.
    The NGCC consists of approximately 42 members, excluding the 
governmental representatives. The membership comprises a balanced 
representation of individuals knowledgeable in the transportation of 
grain, including no fewer than 14 members from the Class I railroads 
(one marketing and one car management representative from each Class 
I), seven representatives from Class II and III carriers, 14 
representatives from grain shippers and receivers, and seven 
representatives from private car owners and car manufacturers. The 
members of the Board are ex officio (non-voting) members of the NGCC, 
and the Vice Chairman of the Board is designated as Co-Chairman of the 
NGCC.
    The NGCC meets at least annually, and meetings are open to the 
public, consistent with the Government in the Sunshine Act, Pub. L. 94-
409 (1976).
    Further information about the NGCC is available on the Board's 
website (https://prod.stb.gov/resources/stakeholder-committees/grain-car-council/) and at the General Services Administration's FACA 
database (https://facadatabase.gov/).

    Decided: September 14, 2021.

    By the Board, Scott M. Zimmerman, Acting Director, Office of 
Proceedings.
Regena Smith-Bernard,
Clearance Clerk.
[FR Doc. 2021-20250 Filed 9-17-21; 8:45 am]
BILLING CODE 4915-01-P
#### VILLAGE OF SANDY HILL v. AKIN et al.

(Supreme Court, General Term, Third Department.

May 8, 1894.)

Taxation—Assessment against Heies op Decedent.

An assessment of personal property against the heirs of a decedent without naming them is void.

Appeal from special term, Washington county.

Action by the village of Sandy Hill against Benjamin Akin and Elizabeth S. Allen, administrators with the will annexed of Rebecca Miller, deceased, to recover certain unpaid taxes. From a judgment of nonsuit, plaintiff appeals. Affirmed.

Argued before MAYHAM, P. J., and PUTNAM and HERRICK, JJ.

D. J. Sullivan, for appellant.

G. M. Ingalsbe (A. D. Wait, of counsel), for respondents.

HERRICK, J.

The judgment in this case should be affirmed. The assessment for personal property against the heirs of a person deceased, without naming them, is void. It does not follow the statute. Cruger v. Dougherty, 43 N. Y. *107;*Trowbridge v. Horan, 78 N. Y. 439; Cromwell v. MacLean, 123 N. Y. 474, 25 N. E. 932. AR concur.
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 Coast  Casinos,  Inc.  (the
"Company")  on Form 10-Q for the period  ended  June 30,  2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Michael
J. Gaughan,  in my capacity as Chief Executive Officer 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 Report fully complies with the  requirements  of section 13(a) or 15(d)
     of the Securities and Exchange Act of 1934; and

(2)  The information contained in the Report fairly represents,  in all material
     respects, the financial condition and result of operations of the Company.

                                       /s/ Michael J. Gaughan
                                       -----------------------
                                       Michael J. Gaughan
                                       Chief Executive Officer
                                       August 14, 2002
CGIS Embedded Agent Program

Due to the Coast Guard’s structure and national footprint, every CGIS office is expected to 

respond to sexual assault investigations; accordingly CGIS embraces the philosophy that every 

single special agent must be an expert on sexual assault investigations. Thus, every agent gets 

advanced training in this field.

Early on CGIS recognized, that the number of sexual assault cases varies from jurisdiction to 

jurisdiction; some offices receive these cases regularly, while others may only get a few per 

year. In an effort to expose every agent to the best practices for investigating all types of sex 

crimes, as well as to an adequate number of actual cases, CGIS implemented the Embedded 

Agent Program in 2013, where CGIS agents were placed in busy sexual assault units in police 

departments across the country. A number of large police departments were identified, each 

with a recognized best practice in sexual assault response. For example, the Austin, TX, PD was 

the first police department to embrace the “believe” philosophy while the Philadelphia PD uses 

outside rape crisis center personnel to review their cases, to audit their cases, and provide 

investigative suggestions. The embedded agent program allows a CGIS agent to “shadow” sex 

crimes/family violence criminal investigators from these metropolitan police departments for 

up to two weeks. In this fashion, CGIS agents are exposed to both a high volume of cases in a 

short period of time as well as the best practices employed by the various police departments. 

CGIS strives to put all new agents into the embedded agent program during their first year of 

field service. CGIS also embeds new supervisors in the program with their main focus on the 

supervision and management of these difficult cases.

Field agents participating in this program observe best practices and innovation related to, but 

not limited to: case management; suspension and tracking; evidence collection; sequencing of 

investigative steps; interviewing of subjects and witnesses; trauma-informed approaches for 

interviewing victims; working with crime victim advocates, use of polygraph; use of physical 

evidence during interviews; use of pre-text phone calls; and other special methods. 
In addition, CGIS agents also observe the relationship and interaction between local law 

enforcement and prosecutors which includes, when and how often the two entities meet for 

briefings and/or case updates; filing standards; victim/witness preparation; plea bargains and

victim impact statements; and considerations at trial.
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2384 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2384

To prohibit any appropriation of funds for the National Labor Relations 
                                 Board.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2015

  Mr. Salmon introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
To prohibit any appropriation of funds for the National Labor Relations 
                                 Board.

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

SECTION 1. FUNDING PROHIBITION.

    No funds are authorized to be appropriated for the National Labor 
Relations Board.
                                 <all>
```
CERTIFICATION PURSUANT TO
                       SECTION 906 (18 U.S.C. SECTION 1350)
                        OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the Quarterly Report of Emeritus Corporation, a Washington
corporation  (the "Company"), on Form 10-Q for the quarter ended March 31, 2003,
as  filed  with the Securities and Exchange Commission (the "Annual Report"), I,
Daniel  R.  Baty,  Chief  Executive Officer of the Company, certify, pursuant to
Section  906 (18 U.S.C. Section 1350) of the Sarbanes-Oxley Act of 2002, that to
my  knowledge:


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 results of operations of the
Company.

A  signed  original  of  this written statement required by Section 906 has been
provided  to  Emeritus  Corporation and will be retained by Emeritus Corporation
and  furnished  to  the  Securities  and  Exchange  Commission or its staff upon
request.





                                            /S/    Daniel  R.  Baty

                                            Daniel  R.  Baty
                                            Chief  Executive  Officer
                                            May  9,  2003
## United States Court of Appeals
**For the Eighth Circuit**

___________________________

No. 22

- 1403

___________________________

United States of America

Plaintiff - Appellee

v.

Phillip Harlan King, III

Defendant - Appellant

____________ Appeal from United States District Court for the Western District of Missouri - Kansas City

____________

Submitted: May 31 , 2022 Filed: June 6, 2022 [Unpublished]

____________
Before COLLOTON, GRUENDER, and BENTON, Circuit Judges.

____________
PER CURIAM.

Phillip Harlan King, III appeals after he pled guilty to being a felon in possession of a firearm pursuant to a plea agreement containing an appeal waiver. Having jurisdiction und er 28 U.S.C. § 1291, this court dismisses the appeal based on the appeal waiver.-2- King objects to the above

- Guidelines sentence the district court 1 imposed

. Counsel has moved for leave to withdraw and has filed a brief under Anders v. California , 386 U. S. 738 (1967) in which he acknowledg es the appeal waiver but challeng es a 4

- level Guidelines enhancement under U.S.S.G § 2K2.1(b)(6)(B) and challeng es the sentence as unreasonable. The appeal waiver is enforceable, as counsel’s arguments fall within the scope of the appeal waiver . T he record shows that King entered into the plea agreement and the appeal waiver knowingly and voluntarily, and no miscarriage of justice would result from e nforcing the waiver.
See United States v. Scott , 627 F.3d 702, 704 (8th Cir. 2010) (de novo review);
United States v. Andis , 333 F.3d 886, 889

- 92 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal falls within scope of waiver, defendant k nowingly and voluntarily entered into waiver and plea agreement, and enforcing waiver would not result in miscarriage of justice); see also 18 U.S.C. § 924(a)(2) (maximum prison sentence is 120 months).

This court has reviewed the record independently un der Penson v. Ohio , 488 U.S. 75 (1988), and has found no non

- frivolous issues outside the scope of the appeal
waiver.

The appeal is dismissed, and counsel’s motion to withdraw is granted.

______________________________

1 The Honorable David Gregory Kays, United States District Judge for the Western District of Missouri.
I 

114TH CONGRESS 

1ST SESSION H. R. 2384 

To prohibit any appropriation of funds for the National Labor Relations 

Board. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2015 

Mr. SALMON introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL 

To prohibit any appropriation of funds for the National 

Labor Relations Board. 

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

3 SECTION 1. FUNDING PROHIBITION. 

4 No funds are authorized to be appropriated for the 

5 National Labor Relations Board. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
#### Henry Buys et al., Respondents, v County of Nassau et al., Defendants, and East Nassau Medical Group et al., Appellants.

In an action to recover damages for medical malpractice, the defendants East Nassau Medical Group, Leon Mercur, and Laurence I. Novick appeal from so much of an order of the Supreme Court, Nassau County (Murphy, J.), dated December 20, 1985, as denied their cross motion to vacate that portion of an order of the same court (DiPaola, J.), dated August 15, 1985, which, upon the parties’ consent, directed the disclosure of the personnel records of the defendant physicians, Leon Mercur and Laurence I. Novick.

Ordered that the order is affirmed insofar as appealed from, with costs.

The appellants, pursuant to a preliminary conference order, agreed, *inter alia,*to furnish the plaintiffs with copies of the personnel records of two treating physicians involved in this medical malpractice action. Approximately three months later, the appellants cross-moved to vacate that portion of the order which directed the production of the personnel records.

Stipulations of settlement, especially those made in open court, are strongly favored by the courts and are not lightly cast aside *(see, Matter of Abramovich v Board of Educ.,*46 NY2d 450, *cert denied*444 US 845; *Sontag v Sontag,*114 AD2d 892, *lv dismissed*66 NY2d 554). While the court retains control over stipulations and has the power to relieve the parties from their terms, stipulations will not be set aside absent a showing of good cause sufficient to set aside a contract *(see, Matter of Frutiger,*29 NY2d 143). The appellants’ assertions of inexperience of counsel are unsubstantiated and, in any event, constitute an insufficient basis upon which to vacate the stipulation in this case. Mangano, J. P., Bracken, Kunzeman and Harwood, JJ., concur.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<CIK> 0001018743
<NAME> OVLC MANAGEMENT CORP.
       
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<PAGE>

                                                                   EXHIBIT 23.1

                         INDEPENDENT AUDITORS CONSENT

The Board of Directors
Metro Networks, Inc.:

  We consent to incorporation by reference in the registration statements (No.
333-23561 and No. 333-32549) on Form S-8 of Metro Networks, Inc. of our report
dated March 9, 1998 relating to the consolidated balance sheets of Metro
Networks, Inc. and subsidiaries as of December 31, 1997 and 1996, and the
related consolidated statements of operations, cash flows and stockholders
equity for each of the years in the three-year period ended December 31, 1997,
which report appears in the December 31, 1997 annual report on Form 10-K of
Metro Networks, Inc. and subsidiaries.

                                          KPMG Peat Marwick LLP

Houston, Texas
March 30, 1998