alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Estate of Robert A. Wilkinson, Deceased. Winifred C. W. Rusk, Appellant; Bank of New York, Respondent.

In a proceeding to judicially settle the account as the fiduciary of the deceased executrix of the estate of Robert A. Wilkinson, the petitioner appeals from (1) an order of the Surrogate’s Court, Nassau County (Radigan, S.), dated August 11, 1988, which, *inter alia,*after a hearing, directed the petitioner to file an amended account expanded to include the period from the date of the predecessor fiduciary’s death, January 2, 1986 to January 21, 1986, when she released all funds in her possession to the respondent and successor fiduciary and, in the event that the amended account was not so filed, directed that the matter be resubmitted for the designation of a Referee to take and state the amended account; and (2) an intermediate decree of the same court, dated March 17, 1989, which settled the account.

Ordered that the order and the intermediate decree are affirmed, with one bill of costs payable by the appellant.

*586Despite the petitioner’s contention to the contrary, the court properly determined that she must account for the estate assets up until the time that the assets were transferred to the respondent and successor fiduciary. For the purposes of an accounting, the fiduciary of a deceased fiduciary stands in the shoes of the deceased fiduciary and the Surrogate’s power is precisely the same as if the letters of the deceased fiduciary had been revoked during his or her lifetime, and the deceased had been called upon to deliver the assets *(see, Matter of Clark,*119 NY 427). Therefore, the Surrogate’s Court may compel the fiduciary of a deceased fiduciary to continue a pending accounting *(see,*29 Car mody-Wait 2d, NY Prac § 166:52, at 265).

Also lacking in merit is the petitioner’s contention that the intermediate decree should be vacated on the ground that it is based on a nonexisting accounting. The petitioner was ordered to submit an amended accounting, but she failed to do so. The petitioner may not use her failure to comply with the order as a ground for reversing the intermediate decree. The Surrogate’s Court is empowered to state the account and make such a decree as justice requires notwithstanding the failure or refusal of a fiduciary to file an amended account *(see,*SCPA 2206 [3]).

We have examined the petitioner’s remaining contentions and find them to be without merit. Kunzeman, J. P., Kooper, Harwood and Rosenblatt, JJ., concur.
[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Notices]
[Pages 23030-23031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11381]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Program Announcement 01051]


Grant for a Program To Promote Training and Education in Basic 
Life Support for Children and Adolescents; Notice of Availability of 
Funds

A. Purpose

    The Centers for Disease Control and Prevention (CDC) announces the 
availability of fiscal year (FY) 2001 funds for a grant program to 
promote training and education in Basic Life Support for children and 
adolescents. This program addresses the ``Healthy People 2010 focus 
area of Injury and Violence Prevention.'' The purpose of this program 
is to reduce child and adolescent morbidity and mortality sustained by 
illness and injury.

[[Page 23031]]

B. Eligible Applicants

    Assistance for this project will be provided only to the Save a 
Life Foundation. FY 2001 Federal appropriations specifically directs 
CDC to award funds to the Save a Life Foundation. No other applications 
are solicited.

    Note: Title 2 of the United States Code, chapter 26, section 
1611 states that an organization described in section 501(c)(4) of 
the Internal Revenue Code of 1986 that engages in lobbying 
activities is not eligible to receive Federal funds constituting an 
award, grant, cooperative agreement, contract, loan, or any other 
form.

C. Availability of Funds

    Approximately $810,000 is available in FY 2001 to fund one award. 
It is expected that the award will begin on or about September 1, 2001, 
and will be made for a 12-month budget period within a project period 
of one year. Funding estimates may change.

D. Where to Obtain Additional Information

    For program technical assistance, contact:
    Paul Burlack, Centers for Disease Control and Prevention, National 
Center for Injury Prevention and Control, 4770 Buford Highway N.E., 
Mailstop F42, Atlanta, GA 30341-3724, Telephone (770) 488-4713, Email: 
<a href="/cdn-cgi/l/email-protection#2a7a685f58464b49416a494e49044d455c"><span class="__cf_email__" data-cfemail="cc9c8eb9bea0adafa78cafa8afe2aba3ba">[email protected]</span></a>
    To obtain business management technical assistance, contact:
    Angelia Hill, Grants Management Specialist, Grants Management 
Branch, Procurement and Grants Office, Announcement 01051, Centers for 
Disease Control and Prevention (CDC), 2920 Brandywine Road, Suite 3000, 
Mailstop E13, Atlanta, GA 30341-4146, Telephone 770-488-2785, Email: 
<a href="/cdn-cgi/l/email-protection#bfdecfd787ffdcdbdc91d8d0c9"><span class="__cf_email__" data-cfemail="f796879fcfb7949394d9909881">[email protected]</span></a>

    Dated: May 1, 2001.
John L. Williams,
Director, Procurement and Grants Office, Centers for Disease Control 
and Prevention (CDC).
[FR Doc. 01-11381 Filed 5-4-01; 8:45 am]
BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23

- 4698

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. MESSIAH MAY, a/k/a Siah , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Richard E. Myers, II , Chief District Judge. ( 5:20

- cr - 00543

- M

- 1 )

Submitted : May 15, 2024 Decided: July 3, 2024

Before KING, WYNN, and RUSHING , Circuit Judges.

Affirmed and remanded by un published per curiam opinion

.

ON BRIEF: W. James Payne, W. JAMES PAYNE LAW FIRM, Shallotte, North Carolina, for Appellant. Michael F. Easley, Jr., United States Attorney, David A. Bragdon, Assistant United States Attorney, Aria Q. Merle, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-4698 Doc: 27 Filed: 07/03/2024 Pg: 1 of 22 PER CURIAM: Messiah May appeals the district court’s order granting in part and denying in part
his motion to dismiss the indictment in the underlying criminal case on d ouble je opardy grounds. * We have reviewed the record and find no reversible error. Accordingly, we
affirm the district court ’s order

. United States v. May , No. 5:20

- cr - 00543

- M

- 1 ( E.D.N.C

. Nov. 3, 2023 ). We remand to the district court for further proceedings. 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 AND REMANDED

* We have jurisdiction over this appeal under the collateral order doctrine. See Abney v. United States , 431 U.S. 651, 659 (1977). USCA4 Appeal: 23-4698 Doc: 27 Filed: 07/03/2024 Pg: 2 of 2
Case 1:07-cv-05351-AKH Document 3 Filed 07/17/2007 Page 1 of 2
Case 1:07-cv-05351-AKH Document 3 Filed 07/17/2007 Page 2 of 2
Case 1:07-cv-05363-AKH Document 3 Filed 07/18/2007 Page 1 of 2
Case 1:07-cv-05363-AKH Document 3 Filed 07/18/2007 Page 2 of 2
Case 1:07-cv-05365-AKH Document 21 Filed 01/28/2008 Page 1 of 5Case 1:07-cv-05365-AKH Document 21 Filed 01/28/2008 Page 2 of 5Case 1:07-cv-05365-AKH Document 21 Filed 01/28/2008 Page 3 of 5Case 1:07-cv-05365-AKH Document 21 Filed 01/28/2008 Page 4 of 5Case 1:07-cv-05365-AKH Document 21 Filed 01/28/2008 Page 5 of 5
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-1843

MARVIN K. COOK,

Plaintiff - Appellant,

versus

CITY OF CHARLOTTE; CHARLOTTE CITY COUNCIL;

CHARLOTTE MECKLENBURG POLICE DEPARTMENT; ABBY

DAWKINS GOODSON,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Graham C. Mullen, District

Judge. (CA-96-131-3-MU)

Submitted: December 13, 1996 Decided: December 24, 1996

Before WIDENER, HAMILTON, and LUTTIG, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Marvin K. Cook, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying relief on

his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record

and the district court's opinion and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district

court. We note that abstention under the doctrine of Younger v.

Harris, 401 U.S. 37 (1971) was appropriate in this case. See Ohio

Civil Rights Comm'n v. Dayton Christian Sch., 477 U.S. 619, 627

(1986). To the extent that it is not moot, we deny Appellant's request for injunctive relief and 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
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001046135
<NAME> DIVERSIFIED HOLDINGS INTERNATIONAL, INC.
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           1,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    1000
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       5000000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                      1000
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-PRIMARY>                                      0.0
<EPS-DILUTED>                                      0.0
        

</TABLE>
Exhibit (10)(a)

    

    

    

    

    

    

    Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm

    

    

    

    

    We consent to the reference to our firm under the caption “Independent Registered Public Accounting Firm” in
      Post-Effective Amendment No. 44 to the 1933 Act Registration Statement (Form N-4 No. 333-135219) and Amendment No. 534 to the 1940 Act Registration Statement (Form N-4 No. 811-05721), and to the use therein of our reports dated (a) March 13, 2019, with respect to the consolidated financial statements of The
      Lincoln National Life Insurance Company and (b) April 16, 2019, with respect to the financial statements of Lincoln National Variable Annuity Account H for the registration of interests in a separate account under individual flexible payment deferred variable annuity contracts.

    

    

                 /s/ Ernst & Young, LLP

    

    

    Philadelphia, Pennsylvania

    December 20, 2019
Clear All

        30 March 2023    

                    Supreme Allied Commander Europe, Commander, U.S. European Command embarks USS George H.W. Bush                 
                AT SEA - U.S. Army Gen. Christopher Cavoli, Supreme Allied Commander Europe and commander, U.S. European Command visited the Nimitz-class aircraft carrier USS George H.W. Bush (CVN 77) at sea, March 24, 2023.            

        30 August 2022    

                    USNS Trenton (T-EPF 5) completes Gulf of Guinea deployment                 
                MALAGA, Spain - The Spearhead-class expeditionary fast transport USNS Trenton (T-EPF 5) arrived in Malaga, Spain following a two month deployment to the Gulf of Guinea, Aug. 28, 2022.            

#####  

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NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

AIA ENGINEERING LIMITED,

Plaintiff/Counterclaim Defendant-Appellant,

AND

VEGA INDUSTRIES, LTD., INC.,

Third Party Defendant-Appellant,

v.

MAGOTTEAUX INTERNATIONAL S/A

AND MAGOTTEAUX, INC.,

Defendants/Counterclaimants-Appellees.

______________________ 

2013-1571

______________________ 

Appeal from the United States District Court for the 

Middle District of Tennessee in No. 09-CV-0255, Judge 

William Joseph Haynes, Jr.

______________________ 

ON MOTION

______________________ 

O R D E R

Case: 13-1571 Document: 21 Page: 1 Filed: 12/30/2013
2 AIA ENGINEERING LTD. v. MAGOTTEAUX INTERNATIONAL

Upon consideration of the jointly filed motion to withdraw this appeal,

IT IS ORDERED THAT: 

The motion is granted. The appeal is dismissed. 

 FOR THE COURT

 /s/ Daniel E. O’Toole 

Daniel E. O’Toole 

Clerk of Court

s21

ISSUED AS A MANDATE: December 30, 2013

Case: 13-1571 Document: 21 Page: 2 Filed: 12/30/2013
Case 1:07-cv-05300-AKH Document 42 Filed 04/01/2008 Page 1 of 3Case 1:07-cv-05300-AKH Document 42 Filed 04/01/2008 Page 2 of 3Case 1:07-cv-05300-AKH Document 42 Filed 04/01/2008 Page 3 of 3
#### RES-GA SCL, LLC, Plaintiff-Appellee, v. STONECREST LAND, LLC, Wayne H. Mason, Gary Brock, Defendants-Appellants.

No. 12-11281.

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

May 29, 2013.

Kevin L. Ward, Jill D. Prussack, Schul-ten Ward & Turner, LLP, Atlanta, GA, for Plaintiff-Appellee.

John F. Salter, James Cameron Tribble, The Barnes Law Group, LLC, Marietta, GA, Robert Matthew Reeves, Andersen Tate & Carr, PC, Duluth, GA, for Defendants-Appellants.

Before CARNES, WILSON, and ANDERSON, Circuit Judges.

PER CURIAM:

Appellants Stonecrest Land, LLC, Wayne Mason, and Gray Brock appeal the district court’s denial of their request for attorneys’ fees and costs as a condition of this suit’s dismissal without prejudice. Appellants argue that the court abused its discretion when it did not require payment of the fees and costs because Appellee RES-GA SCL, LLC, did not disclose the FDIC’s interest in it until at least ten months after filing the complaint despite the' existence of court opinions suggesting that the FDIC’s presence would defeat diversity jurisdiction. Further, Appellants assert that a large portion of the motion for summary judgment that it prepared in this case will not be useful in the state court case that Appellee has instituted because it involves federal common law.

Federal Rule of Civil Procedure 41(a)(2) permits a plaintiff to dismiss voluntarily an action “by court order, on terms that the court considers proper.” Fed.R.Civ.P. 41(a)(2). Such a dismissal is without prejudice unless otherwise specified by the court. *Pontenberg v. Boston Scientific Corp.,*252 F.3d 1253, 1255 (11th Cir.2001). The district court is accorded broad discretion in dismissing under Rule 41(a)(2), and we reverse only for abuse of that discretion. *Id.*at 1255-566.

*789Before the district court, Appellants argued only that Appellee did not disclose its relationship with the FDIC as the reason for imposing fees and costs or even dismissing with prejudice. They did not argue that their research into any issue would be wasted. And now, they do not respond to Appellee’s argument that the research was on a non-issue anyway. Further, they do not respond to Appellee’s assertion that it offered to refile the case in state court and have both parties submit the same filings, including the motions for summary judgment. Because it appears that little work would be lost, we cannot say that the district court abused its broad discretion when it dismissed this case without prejudice and imposed no fees or costs.

AFFIRMED.
EXHIBIT 32.2

**CERTIFICATION OF CFO PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

****

            In connection with the Quarterly Report on Form 10-Q of Vanguard Health Systems, Inc. (the “Company”) for the quarterly period ended March 31, 2010 (the “Report”), I,Phillip W. Roe, Executive Vice President, Chief Financial Officer and Treasurer of the Company, certify, for the purpose of complying with 18 U.S.C. Section 1350 and Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the “ExchangeAct”), as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:

            (1)      The Report fully complies with the requirements of Section 13(a) or 15(d)                       of the Exchange Act; and

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

/s/ Phillip W. Roe                                  Phillip W. RoeExecutive Vice President, Chief Financial Officer and TreasurerMay 11, 2010
## Breadcrumb

-  about 

#           Documents      

-  About 
-  About Us 
-  Survey Manual 
-  Key Officials 
-  Organization 
-  Congressional 
-  Budget 
-  Careers and Employees 
-  Doing Business 
-  Emergency Management 
-  Documents 
-  Emergency Management Resources 

This is a collection of supporting documents to include instructions, training materials, technical memos, flowcharts, analytical references, and more. 

Official USGS Publications

**File icon

March 25, 1992

####   TM92-01 Technology Transfer.- AVAILABILITY OF EQUIPMENT BLANK WATER FOR INORGANIC & ORGANIC ANALYSIS

**File icon

February 11, 1992

####   MOU between USGS and National Center for Health Statistics

**File icon

January 1, 1992

####   MOU between USGS and EPA Office of Water - water quality monitoring

**File icon

December 13, 1991

####   MOU between USGS and DOD Defense Mapping Agency

**File icon

November 25, 1991

####   MOU between USGS and EPA Office of Pesticide Programs

**File icon

November 1, 1990

####   MOU between USGS and U.S. Fish and Wildlife Service - NAWQA

**File icon

September 1, 1988

####   MOU between USGS and Minerals Management Service - EEZ

**File icon

August 11, 1988

####   MOU between USGS and NOAA - climate and hydrology

**File icon

May 31, 1988

####   MOU between USGS and Bureau of Reclamation - USAF installation

**File icon

March 16, 1988

####   MOU - Experimental Land Remotely Sensed Data

**File icon

August 10, 1987

####   MOU between USGS and Office of Surface Mining Reclamation

**File icon

July 18, 1986

####   MOU between USGS and NOAA - hydrologic data

#### Pagination

-  First page« First 
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- ...
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EXHIBIT 22
----------
                             Listing of Subsidiaries

                                                                     Percent of
                                                                       Voting
                                                                     Securities
                                         Jurisdiction of              Owned by
           Subsidiary                     Incorporation              the Company
           ----------                     -------------              -----------
                                    
JLG Equipment Services, Inc.          Pennsylvania                      100%
                                    
Fulton International, Inc.            Delaware                          100%
                                    
Fulton International Foreign        
Sales Corporation                     Barbados                          100%
                                    
Zontess Pty. Ltd.                     Australia                         100%
                                 

The financial statements of the above listed subsidiaries are included in the
Company's Consolidated Financial Statements incorporated herein by reference.


                                       50
NO. SCWC-30507 IN THE SUPREME COURT OF THE STATE OF HAWAI # I DAVID SCRIVNER, Petitioner/Petitioner-Appellant,

vs. STATE OF HAWAI # I, Respondent/Respondent-Appellee.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30507; S.P.P. NO. 07-1-0032 (CR. NO. 03-1-0787)) ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI (By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ., and Circuit Judge Browning,

in place of Duffy, J., recused) The Application for Writ of Certiorari filed on March 30, 2012 by Petitioner/Petitioner-Appellant David Scrivner is hereby rejected.

DATED: Honolulu, Hawai # i, May 14, 2012. Walter J. Rodby, /s/ Mark E. Recktenwald for petitioner /s/ Paula A. Nakayama /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ R. Mark Browning Electronically Filed Supreme Court SCWC-30507 14-MAY-2012 01:18 PM
Case 1:07-cv-05437-AKH     Document 9      Filed 02/06/2008     Page 1 of 3

Case 1:07-cv-05437-AKH     Document 9      Filed 02/06/2008     Page 2 of 3

Case 1:07-cv-05437-AKH     Document 9      Filed 02/06/2008     Page 3 of 3
Case 1:07-cv-01699-AKH Document 14 Filed 10/15/2007 Page 1 of 7Case 1:07-cv-01699-AKH Document 14 Filed 10/15/2007 Page 2 of 7Case 1:07-cv-01699-AKH Document 14 Filed 10/15/2007 Page 3 of 7Case 1:07-cv-01699-AKH Document 14 Filed 10/15/2007 Page 4 of 7Case 1:07-cv-01699-AKH Document 14 Filed 10/15/2007 Page 5 of 7Case 1:07-cv-01699-AKH Document 14 Filed 10/15/2007 Page 6 of 7Case 1:07-cv-01699-AKH Document 14 Filed 10/15/2007 Page 7 of 7