alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Michelle CHASTEEN, Plaintiff-Appellant, v. UNITED STATES of America, Defendant—Appellee.

No. 04-15375.

D.C. No. CV-02-00206-RCB.

United States Court of Appeals, Ninth Circuit.

Submitted April 4, 2005.*

Decided April 18, 2005.

Michelle Chasteen, Phoenix, AZ, pro se.

Frederick A. Battista, Office of the U.S. Attorney, Phoenix, AZ, for Defendant-Appellee.

Before KOZINSKI, HAWKINS, and CLIFTON, Circuit Judges.

*

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

MEMORANDUM **

Michelle Chasteen appeals pro se the district court’s summary judgment ruling that her motion for return of property seized pursuant to Federal Rule of Criminal Procedure 41(e)1 was barred by sovereign immunity. We review de novo a district court’s grant of summary judgment based on sovereign immunity. *See Holz v. Nenana City Pub. Sch. Dist.,*347 F.3d 1176, 1179 (9th Cir.2003). We reverse and remand.

The district court erroneously determined that Chasteen’s action to recover damages from the government was barred by sovereign immunity. Federal Rule of Criminal Procedure 41(e) allows a plaintiff to recover seized property from the government and destruction of the property does not destroy jurisdiction. *See United States v. Hayes,*385 F.3d 1226, 1229 n. 2 (9th Cir.2004); *United States v. Martinson,*809 F.2d 1364, 1368 (9th Cir.1987).

The district court did not abuse its discretion by denying Chasteen’s motion for appointment of counsel, because Chasteen is able to articulate her claims effectively. *See Terrell v. Brewer,*935 F.2d 1015, 1017 (9th Cir.1991).

We reverse and remand to the district court to determine the value of the seized firearms and the amount that Chasteen can recover from the government.2

REVERSED and REMANDED

**

 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 9th Circuit Rule 36-3.

1

. The text of Federal Rule of Criminal Procedure 41(e) was moved to Rule 41(g) in December 2002 and amended for stylistic purposes only. We refer to rule 41(e) because Chasteen filed this action before the amendment and the substance of the rule is unchanged.

2

. We need not consider Chasteen’s contention that she is entitled to more than half of the monetary value of the guns because she can raise this issue before the district court on remand.
II 

116TH CONGRESS 

1ST SESSION S. 1473 

To amend the Safe Drinking Water Act to require the Administrator of 

the Environmental Protection Agency to set maximum contaminant levels 

for certain chemicals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 15, 2019 

Mrs. GILLIBRAND (for herself and Mrs. CAPITO) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to 

set maximum contaminant levels for certain chemicals, 

and for other purposes. 

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 ‘‘Protect Drinking 

5 Water from PFAS Act of 2019’’. 


pbinns on DSK79D2C42PROD with BILLS
2 

•S 1473 IS

1 SEC. 2. MAXIMUM CONTAMINANT LEVELS. 

2 Section 1412(b)(2) of the Safe Drinking Water Act 

3 (42 U.S.C. 300g–1(b)(2)) is amended by adding at the 

4 end the following: 

5 ‘‘(D) PERFLUORINATED COMPOUNDS.— 

6 ‘‘(i) REQUIRED REGULATIONS.—Not 

7 later than 2 years after the date of enact8 ment of the Protect Drinking Water from 

9 PFAS Act of 2019, the Administrator 

10 shall publish a maximum contaminant level 

11 and promulgate a national primary drink12 ing water regulation for perfluoroalkyl and 

13 polyfluoroalkyl substances. 

14 ‘‘(ii) MONITORING.—In establishing 

15 monitoring requirements under the na16 tional primary drinking water regulation 

17 for perfluoroalkyl and polyfluoroalkyl sub18 stances under clause (i), the Administrator 

19 shall— 

20 ‘‘(I) consider options for tailoring 

21 monitoring requirements for public 

22 water systems that do not detect, or 

23 are reliably and consistently below the 

24 maximum contaminant level for, those 

25 substances; and 


pbinns on DSK79D2C42PROD with BILLS
3 

•S 1473 IS

1 ‘‘(II) prioritize the use of existing 

2 authorities to provide technical assist3 ance and funding to help small, rural, 

4 or disadvantaged public water systems 

5 to comply with the national primary 

6 drinking water regulation.’’. 

Æ 


pbinns on DSK79D2C42PROD with BILLS
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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-1647

In Re: VICTOR PERKINS,

Petitioner.

On Petition for Writ of Mandamus.

(5:92-hc-00654-BR)

Submitted: July 22, 2010 Decided: July 30, 2010

Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Victor Perkins, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Victor Perkins petitions for a writ of mandamus, 

alleging the district court has unduly delayed acting on his May 

3, 2010 motion to vacate and dismiss the civil commitment. He 

seeks an order from this court directing the district court to 

act. Our review of the district court’s docket reveals that the 

district court denied the motion on May 24, 2010. Accordingly, 

because the district court has recently decided Perkins’ motion, 

we deny the mandamus petition as moot. We grant leave to 

proceed in forma pauperis. We 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. 

PETITION DENIED
Case 1:07-cv-03378-GEL Document 24 Filed 12/03/2007 Page 1 of 1
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Exhibit 23.1






                         CONSENT OF INDEPENDENT AUDITORS
                         -------------------------------



Cubic Energy, Inc.



We hereby consent to the use in the Form 10-KSB/A  Amendment No. 1 filing of our
report dated September 23, 2005,  relating to the balance sheet of Cubic Energy,
Inc. as of June 30, 2005 and 2004,  and the related  statements  of  operations,
changes in shareholders'  equity,  and cash flows for each of the three years in
the period ended June 30, 2005,  which are  contained in that filing,  and which
are incorporated by reference in the Form SB-2  Registration  Statement of Cubic
Energy, Inc.



                                                   PHILIP VOGEL & CO., PC

                                                   /s/ Philip Vogel & Co., PC




Dallas, Texas
December 9, 2005
----

|   | EXHIBIT 21 |
|--------|------------|

|   | The following is a list of the Registrant’s subsidiaries: |
|--------|-----------------------------------------------------------------|

| Name                                 | Jurisdiction of Organization                                  | Ownership %    |
|--------------------------------------|---------------------------------------------------------------|----------------|
| Star brite Distributing, Inc.        |          Florida | 100            |
| Star brite Distributing Canada, Inc. |  Florida                                                 | 100            |
| D & S Advertising Services, Inc. |          Florida | 100            |
| Star brite StaPut, Inc.              |          Florida | 100            |
| Star brite Service Centers, Inc.     |          Florida | 100            |
| Star brite Automotive, Inc.          |          Florida | 100            |
| Kinpak Inc.                          |          Alabama | 100            |
| Odorstar Technology, LLC             |          Florida |   50 |

----
#### STATE v. WILLIAMS

No. 544P82.

Case below: 58 N.C. App. 821.

Petition by defendant for discretionary review under G.S. 7A-31 denied 22 December 1982. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 22 December 1982.
#### STATE v. GRAINGER

No. 37P83.

Case below: 60 N.C. App. 188.

Petition by defendant for discretionary review under G.S. 7A-31 denied 28 January 1983.
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Case 7:07-cv-03302-KMK-LMS Document 86 Filed 10/24/2007 Page 1 of 2
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Case 1:06-cv-14972-AKH Document 4 Filed 12/08/2006 Page 1 of 1
EXHIBIT
10.2

    


    Agreement
on Debt Transfer and Offset

    


    Party A: Tianyuan Capital
Development Co., Ltd.

     

    Party B: Tianshi International
Holdings Group Co., Ltd.

     

    Party C: Tianjin Tianshi
Biological Engineering Co., Ltd.

    


    Party A,
Party B and Party C enter into this Agreement on June 30, 2009, which shall be
observed by all parties of this Agreement.

     

    Whereas,
Party A is a creditor of Party B and Party B is a creditor of Party C. After
consultation, Party A, Party B and Party C agree the provisions as
follows:

     

    1. Party
C pays off the loan payable of USD 1,170,816.62 (principal of USD1, 065,000 and
USD105, 816.62 is the interest) to Party A in place of Party B;

     

    2. Party
B writes off the debt of Party C with the same amount;

     

    3. Party
A, Party B and Party C shall perform this Agreement, including writing proper
receipts on June 30, 2009.

     

    4. This
Agreement is effective as of the date first written above and is signed by three
parties for confirmation.

     

    Party A: Tianyuan Capital
Development Co., Ltd.

     

    Legal
Representative: /s/ Jinyuan Li

    


    Party B: Tianshi
International Holdings Group Co., Ltd.

     

    Legal
Representative: /s/ Jinyuan Li

    


    Party C: Tianjin Tianshi
Biological Engineering Co., Ltd.

     

    Legal
Representative: /s/ Jinyuan Li
1

The Honorable Catherine D. Perry, United States District Judge for the Eastern

District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 06-1532

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

Robert Francis, also known as Pete, *

* [UNPUBLISHED]

Appellant. *

___________

Submitted: June 7, 2007

 Filed: June 15, 2007

___________

Before RILEY, MAGILL, and MELLOY, Circuit Judges.

___________

PER CURIAM.

Robert Francis appeals the district court’s1

 denial of his motion for return of a

Charles Schwab Brokerage account containing $15,650.95. Francis asserted that his

due process rights were violated because he did not receive actual notice of the

forfeiture proceeding.

We have carefully reviewed the record, see Lobzun v. United States, 422 F.3d

503, 507 (7th Cir. 2005) (de novo standard of review), and we agree with the district
-2-

court that Francis was provided constitutionally adequate notice of the forfeiture

proceeding, see Dusenbery v. United States, 534 U.S. 161, 168-70 (2002) (due process

requires notice “reasonably calculated” to apprise interested parties of pendency of

forfeiture action). In January 2001, while Francis was a fugitive, written notice of the

intent to forfeit was sent to several addresses believed to be his and was published for

three successive weeks in the New York Times. See Madewell v. Downs, 68 F.3d

1030, 1046-47 (8th Cir. 1995) (government’s endeavors to provide claimant, who was

not in federal custody, with notice by sending written notice to claimant’s last known

address, and publishing notice in newspaper of general circulation, was reasonably

calculated, under the circumstances, to achieve result required by due process). 

We reject Francis’s arguments that notice should have been published in a local

newspaper, see United States v. Robinson, 434 F.3d 357, 367-68 (5th Cir. 2005)

(although local newspaper would have been more likely to provide claimant notice,

government’s publication in New York Times comported with due process

requirements), and that the government should have provided him notice in March

2001, after he was taken into custody: the government had already provided him

constitutionally adequate notice in January 2001, see Madewell, 68 F.3d at 1046

(adequacy of notice is measured at time it was sent).

Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

______________________________
Summary Schedule of Tower Bancorp, Inc/Graystone Tower Bank 2009 Director Fees



 Exhibit 10.3 
 TOWER BANCORP, INC. 
 GRAYSTONE TOWER BANK 
 2009 DIRECTOR FEES1
 
 (Effective April 1, 2009) 
  

			
	Annual Retainers:	 	Board members must attend in person or by phone 75% of meetings (Board and Committee meetings combined)
to be paid retainer. Fees are paid quarterly.

  

				
	 Chairman
	  	$	22,000
	 Audit Committee Chair
	  	$	15,000
	 All Other Outside Directors
	  	$	12,000

  

			
	Board Meeting Fees:	 	Per regular Board meeting attended; no fee for Committee meetings.

  

				
	 Holding Company
	  	$	600
	 Bank
	  	$	600

  

	1
	 Outside Directors Only
#### MAREN ELIZABETH BOND, Beneficiary of CLANTON J. McINNIS v. THE MASSACHUSETTS PROTECTIVE ASSOCIATION, INC.

(Filed 17 April 1963.)

Insurance § 34—

In an action to recover on a policy of insurance providing indemnity for death, resulting from accidental bodily injuries, nonsuit is properly entered upon evidence tending to show .that prior to his death insured sustained two falls, hut with further evidence that the falls inflicted only superficial injuries and that death resulted from hepatic failure due to acute alcoholism.

Appeal by plaintiff from *MacBae, S.J.,*January, 1963 Assigned Term, Waee Superior Court.

Civil action by the plaintiff, beneficiary, to recover from the defendant, the Massachusetts Protective Association, Inc., $10,000.00 under its Lexington Policy No. 1120525, providing indemnity in the event the death of the insured, Clanton J. Mclnnis, should result from accidental bodily injuries. At the close of the evidence the court, upon defendant’s motion, entered judgment of involuntary nonsuit from which the plaintiff appealed.

*Vaughan S. Winbome, for plaintiff appellant.*

*Arendell, Albright, Green & Reynolds, by Banks Arendell, for defendant appellee.*

Per Curiam.

All facts necessary to decision were stipulated, except the cause of death. The plaintiff offered evidence tending to show the insured was ill on February 2, 1961, at his home. His attending physician, after examination, found him quite ill and recommended immediate hospitalization. Before the arrangements were completed, the insured fell in moving about the house, striking his head against a step. The injury bled profusely. Later, insured pitched and fell against a table, injuring the bridge of his nose. Immediately following the second fall he was found to be dead. There was no other evidence offered by plaintiff as to the cause of death.

The defendant offered the physician who bad examined and recommended hospitalization for the insured and who was present during the autopsy. He testified that in his opinion the insured died of acute alcoholic bout with hepatic failure, liver failure.

The pathologist who performed the autopsy testified the head and nose injuries sustained in the fall were superficial and could not have *288caused death; that death was caused by hepatic insufficiency which could not result from bodily injury, but did result from disease.

The evidence of death as result of accidental bodily injuries was totally lacking. Nonsuit was required. The judgment is

Affirmed.
[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Page 69582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22689]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Center for Scientific Review; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Center for 
Scientific Review Special Emphasis Panel, November 9, 2005, 8 a.m. to 
November 10, 2005, 5 p.m., The Watergate, 2650 Virginia Avenue, NW., 
Washington, DC 20037 which was published in the Federal Register on 
November 1, 2005, 70 FR 65914-65918.
    The meeting title has been changed to ``Innate Immunity and 
Inflammation.'' The meeting is closed to the public.

    Dated: November 4, 2005.
Anna Snouffer,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-22689 Filed 11-15-05; 8:45 am]
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