alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by Ninth Circuit Rule 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

The Honorable Morrison C. England, Jr., United States District Judge ***

for the Eastern District of California, sitting by designation.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GEORGE Q. CHEN,

 Appellant,

 v.

E. LYNN SCHOENMANN, as Trustee of

the Chapter 7 Estate of George Q. Chen,

 Appellee.

No. 10-17371

D.C. No. 3:10-cv-00146-JSW

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Jeffrey S. White, District Judge, Presiding

Submitted December 7, 2011** 

San Francisco, California

Before: O’SCANNLAIN and BERZON, Circuit Judges, and ENGLAND, District

Judge.*** 

FILED

DEC 13 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
George Chen contends that the bankruptcy court erred when it found that he

received $729,044.19 in post-petition payments on account of a pre-petition loan. 

We review the bankruptcy court’s factual findings for clear error. See, e.g., In re

Int’l Fibercom, Inc., 503 F.3d 933, 940 (9th Cir. 2007). The court heard two days

of testimony, examined the parties’ exhibits, and reviewed an expert report. The

record provides more than adequate support for the factual determinations made,

including the court’s rejection of Chen’s explanation for the checks made payable

to cash or denominated as repayment of loans. We thus conclude that the

bankruptcy court did not clearly err.

Chen also contends that the court erred when it found that his conduct

warranted revocation of his discharge under 11 U.S.C. § 727(d). Chen did not

disclose to the Trustee his entitlement to repayment on the loan or the equity

distributions he received as part-owner of a restaurant. The record thus supports

the court’s finding that Chen “knowingly and fraudulently failed to report the

acquisition of or entitlement to” property of the estate, 11 U.S.C. § 727(d)(2), and

there was no clear error. 

AFFIRMED.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5582 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5582

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2018

     Received; read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 AN ACT

 
To direct the Secretary of Health and Human Services to conduct a study 
  and submit a report on barriers to accessing abuse-deterrent opioid 
 formulations for individuals enrolled in a plan under part C or D of 
                         the Medicare program.

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

SECTION 1. SHORT TITLE.

    This Act may be cited at the ``Abuse Deterrent Access Act of 
2018''.

SEC. 2. STUDY ON ABUSE-DETERRENT OPIOID FORMULATIONS ACCESS BARRIERS 
              UNDER MEDICARE.

    (a) In General.--Not later than on1e year after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
conduct a study and submit to Congress a report on the adequacy of 
access to abuse-deterrent opioid formulations for individuals with 
chronic pain enrolled in an MA-PD plan under part C of title XVIII of 
the Social Security Act or a prescription drug plan under part D of 
such title of such Act, taking into account any barriers preventing 
such individuals from accessing such formulations under such MA-PD or 
part D plans, such as cost-sharing tiers, fail-first requirements, the 
price of such formulations, and prior authorization requirements.
    (b) Definition of Abuse-Deterrent Opioid Formulation.--In this 
section, the term ``abuse-deterrent opioid formulation'' means an 
opioid that is a prodrug or that has certain abuse-deterrent 
properties, such as physical or chemical barriers, agonist or 
antagonist combinations, aversion properties, delivery system 
mechanisms, or other features designed to prevent abuse of such opioid.

            Passed the House of Representatives June 12, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```
# Proposed Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy

# Memorandum for the Secretary of State [and] the Secretary of Energy

I have considered the proposed Agreement Between the Government of the United States of America and the Government of the Russian Federation for Cooperation in the Field of Peaceful Uses of Nuclear Energy, along with the views, recommendations, and statements of interested agencies. 

I have determined that the performance of the Agreement will promote, and will not constitute an unreasonable risk to, the common defense and security. Pursuant to section 123 b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2153(b)), I hereby approve the proposed Agreement and authorize the Secretary of State to arrange for its execution. 

                    The Secretary of State is authorized to publish this determination in the                     **Federal Register**                    .                

[FR Doc. 08-1263

Billing code 4710-10-P
**EXHIBIT 4.4.8**

**Amendment No. 8****To License No. 14709 (series A 014122)****dated April 7, 2000**

To add an additional clause to the Conditions For Carrying Out Activities Under License No. 14709:

“In the territory of Chechen Republic services to be rendered as of (no later than) December 31, 2003.”

 

| **First Deputy Minister****of the Russian Federation for****Communications and Information** |   | [Signature] |   | B.D. Antoniouk    |
|----------------------------------------------------------------------------------------------|--------|-------------|--------|-------------------|
|                                                                                         |   |        |   |              |
|                                                                                         |   |        |   | November 14, 2002 |

 

| **Head of the Department****of the Organization****of Licensing Activity** |   | [Signature][Seal] |   | N.M. Popov |
|----------------------------------------------------------------------------|--------|-------------------|--------|-----------------|
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 1884** 

TOYRI T. BRANDON , Petitioner

- Appellant ,

v.

NATIONAL CREDIT UNION ASSOCIATION; NATIONAL CREDIT UNION ADMINISTRATION BOARD; DEBBIE MATZ, Chairwoman, NCUA Board , Respondents

- Appellees

.

Appeal from the United States District Court for the Eastern District of Virginia , at Alexandria

. T. S. Ellis, III , Senior District Judge. ( 1:14

- cv
- 01461

- TSE

- JFA )

Submitted : December 21, 2015 Decided: January 28, 2016

Before WILKINSON , MOTZ, and FLOYD, Circuit Judges.

Dismissed by un published per curiam opinion

.

Toyri T. Brandon , Appellant Pro Se. Antonia Marie Konkoly , OFFICE OF THE UNITED STATES ATTORNEY , Lauren Anne Wetzler , Assistant U nited States Attorne y , Alexandria, Virginia, for Appellee s .

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Toyri T. Brandon appeals the district court’s order
granting the Defendants’ motion for summary judgment. ∗ We have

reviewed the record and find no reversible error. Accordingly,
we deny leave to proceed in forma pauperis and dismiss the appeal for the reasons stated by the district court. Brandon v.
Nat’l Credit Union Ass’n , No. 1:14

- cv
- 01461

- TSE

- JFA (E.D. Va. July 13, 2015). We dispe nse 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.

DISMISSED

∗ We conclude that, by failing to identify any of the deposits she contends should have been included in the reconstruction, Brandon waived appellate review of her claim concerning the Defendants’ reconstruc tion of her deposit history. See 4th Cir. R. 34(b) ( directing appellants to present “specific issues and supporting facts and arguments” in informal brief ); see , e.g. , Eriline Co. S.A. v. Johnson , 440 F.3d 648, 653 n.7 (4th Cir. 2006) (noting single concl usory remark regarding error “is insufficient to raise on appeal any merits

based challenge to the district court’s ruling”); Edwards v. City of Goldsboro , 178 F.3d 231, 241 n.6 (4th Cir. 1999) (“Failure to comply with the specific dictates of [Federal Rul e of Appellate Procedure 28] with respect to a particular claim triggers abandonment of that claim on appeal.”).
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of the Interior National Park Service
 AGENCY: National Park Service, Interior.
 ACTION: Public notice.
 SUMMARY: Pursuant to the terms of existing concession contracts, public notice is hereby given that the National Park Service intends to request a continuation of visitor services for a period not-to-exceed 1 year from the date of contract expiration.


SUPPLEMENTARY INFORMATION: The contracts listed below have been extended to maximum allowable under 36 CFR 51.23. Under the provisions of current concession contracts and pending the completion of the public solicitation of a prospectus for a new concession contract, the National Park Service authorizes continuation of visitor services for a period not-to-exceed 1 year under the terms and conditions of the current contract as amended. The continuation of operations does not affect any rights with respect to selection for award of a new concession contract. CONCID No.
Concessioner name
ParkOZAR001-88
Shane and Kimberly Van Steenis (Alley Spring Canoe Rental)
Ozark National Scenic Riverway.OZAR012-88
Akers Ferry Canoe Rental, Inc.
Ozark National Scenic Riverway.OZAR016-89
Carr's Grocery & Canoe Rental
Ozark National Scenic Riverway.SLBE005-86
G. Michael Grosvenor (Manitou Island Transit)
Sleeping Bear Dunes National Landmark.
 DATES: *Effective Date:*
                         January 1, 2007. FOR FURTHER INFORMATION CONTACT: Jo A. Pendry, Concession Program Manager, National Park Service, Washington, DC 20240, Telephone, 202/513-7156. Dated: December 16, 2006. John Wessels, Acting Assistant Director, Business Services.


[FR Doc. 07-665  Filed 2-13-07; 8:45 am] BILLING CODE 4312-53-M
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 Global Risk Management & Investigative Solutions (the “Company”) on Form 10-Q for the period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kyle Edwards, Principal 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 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.











/s/ Kyle Edwards


Kyle Edwards


Principal Executive Officer


August 6, 2010
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
   We consent to the incorporation by reference in the Registration Statement on Form S-3 (no. 333-168461) and the Registration Statements on Form S-8 (nos. 333-145079 and 333-135366) of Oilsands Quest Inc., of our report dated July 29, 2009 on the consolidated statements of operations, stockholders’ equity, comprehensive loss and cash flows for the period from inception on April 3, 1998 through to April 30, 2007 (not separately presented herein) of Oilsands Quest Inc., appearing in the annual report on Form 10-K of Oilsands Quest Inc. for the year ended April 30, 2011.
    /s/ Smythe Ratcliffe LLP
   Chartered Accountants
 Vancouver, Canada
 July 5, 2011
   70
EXHIBIT 32.2

                    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 Annual Report of GK Intelligent Systems, Inc. (the
"Company") on Form 10-KSB for the period ending December 31, 2003, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Gary F. Kimmons, Chief Financial 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, 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 results of the
           operation of the Company.

/s/ Gary F. Kimmons
___________________________________
Gary F. Kimmons
Chief Financial Officer
April 23, 2004
[Federal Register Volume 73, Number 85 (Thursday, May 1, 2008)]
[Presidential Documents]
[Pages 24135-24136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1209]




                        Presidential Documents 



Federal Register / Vol. 73, No. 85 / Thursday, May 1, 2008 / 
Presidential Documents

[[Page 24135]]


                Proclamation 8248 of April 29, 2008

                
Jewish American Heritage Month, 2008

                By the President of the United States of America

                A Proclamation

                Jewish American Heritage Month is an opportunity to 
                celebrate the history, culture, and faith of Jewish 
                Americans and their contributions to our Nation.

                The story of the Jewish people in America is the story 
                of America itself. When the first Jewish settlers 
                arrived on our shores hundreds of years ago, they saw a 
                land of promise and liberty. With hard work and 
                determination, these individuals helped build our 
                country and strengthen our values. Their commitment to 
                religious freedom and their belief in democracy have 
                enriched our society and helped make our country a 
                beacon of hope for all.

                Many Jewish Americans have served in our military with 
                valor and distinction in times of war and peace. We pay 
                special tribute to all those who stepped forward when 
                our country needed them most. These American heroes 
                confronted grave dangers to protect our Nation.

                During Jewish American Heritage Month and throughout 
                the year, we honor Jewish Americans who played an 
                integral role in shaping the cultural fabric of our 
                Nation. Their spirit and talents have helped America 
                succeed and prosper, and their efforts continue to 
                remind us of the many blessings of this great country.

                NOW, THEREFORE, I, GEORGE W. BUSH, President of the 
                United States of America, by virtue of the authority 
                vested in me by the Constitution and laws of the United 
                States, do hereby proclaim May 2008 as Jewish American 
                Heritage Month. I call upon all Americans to observe 
                this month with appropriate programs and activities to 
                honor Jewish Americans across the country.

[[Page 24136]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-ninth day of April, in the year of our Lord two 
                thousand eight, and of the Independence of the United 
                States of America the two hundred and thirty-second. 
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

[FR Doc. 08-1209
Filed 4-30-08; 11:26 am]
Billing code 3195-01-P
EXHIBIT
32.1


CERTIFICATION
OF
 CHIEF
EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFER
 PURSUANT
TO 18 U.S.C. SECTION 1350,
 AS
ADOPTED PURSUANT TO
 SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002
 
 I, Alex
Brecher, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge, the Quarterly Report of VOIP Talk, Inc. on Form 10-Q for the
quarterly period ended September 30, 2008 fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that
information contained in such Quarterly Report of VOIP Talk, Inc. on Form 10-Q
fairly presents, in all material respects, the financial condition and results
of operation of VOIP Talk, Inc.
  Date:
      November 12, 2008
                By:
                /s/ 
      Alex BrecherAlex
      Brecher
                  Chief Executive Officer (Principal Executive
      Officer)
                  and
      Chief Financial Officer (Principal Financial
Officer)
AGENDA

Advisory Board on Radiation and Worker Health 

Teleconference of the 

Santa Susanna Field Laboratory Work Group

March 25, 2019

Conference Call Number: 1-866-659-0537

Participant Pass Code: 9933701

1:00 p.m. (Eastern Time) Welcome and roll-call/introductions 

Discussion

Area IV SEC Petition #235

• SC&A February 20 Report: Review of Remaining Internal Dose Topics 

• Air Data during Controls for Environmental Pollution (CEP) period (post-operational 

period beginning in 1988) 

• Exposure to Americium and Thorium during the CEP period. 

SEC Petitioner Comments

Work Group recommendation/plans for follow-up 

April Board Meeting session plans 

Desoto Avenue SEC Petition #246 

Progress on DCAS responses to SC&A December 7 Review of DCAS SEC Evaluation Report 

Site workers interview plans

Review of records from Boeing incident database 

Adjourn
Exhibit 32.1


CERTIFICATION OF THE PRINICAL 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 Green EnviroTech Holdings Corp. (the "Company") on Form 10-Q for the quarter ended June  30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gary M. De Laurentiis, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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 presents, in all material respects, the financial condition and result of operations of the Company.





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.





August 6, 2010








By:
/s/ Gary M. De LaurentiisGary M. De Laurentiis

Chief Executive Officer

(Principal Executive Officer)
Exhibit 10.3  Amended and Restated Note - Coppa






Exhibit 10.3










AMENDMENT NO. 3
TO 
UNSECURED PROMISSORY NOTE


This instrument is Amendment No. 3 (this “Amendment”), dated as of September 24, 2014, to the Unsecured Promissory Note dated as of September 17, 2010 (the “Promissory Note”) issued by American Power Group, Inc. (formerly GreenMan Technologies, Inc.) (the “Company”) to Charles E. Coppa (the “Holder”). Terms used in this Amendment without definition which are defined in the Promissory Note have the same meanings in this Amendment as in the Promissory Note unless otherwise provided herein.    
    
WHEREAS, the Company has previously issued the Promissory Note to the Holder and amended the Promissory Note on April 27, 2012 and again on April 30, 2014;


WHEREAS, the Promissory Note shall remain in full force and effect with this Amendment No. 3; and


WHEREAS, the Company and the Holder now desire to further amend the Promissory Note; 


NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which the Parties hereby acknowledge, the Company and the Holder, intending to be legally bound, hereby agree as follows:


		
	1.
	The first paragraph of the Promissory Note is hereby amended by:




		
	(a)
	deleting the reference to “the second anniversary of the Closing (as defined below)” therein and replacing it with “October 1, 2015”;




2.    The Holder waives any prior default under the Promissory Note.


3.    Except as otherwise amended by this Amendment, all other terms and conditions of the Promissory Note shall remain in full force and effect. 


4.    This Amendment shall be governed by and construed and interpreted in accordance with the laws of the Commonwealth of Massachusetts. 













IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed by their duly authorized representatives as of the date first written above.




AMERICAN POWER GROUP, INC.


        


By:  /s/ Maury Needham
Maury Needham
Chairman




HOLDER:


/s/ Charles E. Coppa
Charles E. Coppa
##### 



Exhibit 4.2.5
 
 TOP
PERFORMANCE
PLAN
 PERFORMANCE SHARES
AWARD




---



##### 



Top Performance Plan (TPP)
  Plan Highlights:
 
    
    Performance share award, with cliff vesting upon attainment of CNH 2008 fiscal year
financial objectives:
 
    
    Operating Incomeof [omitted] or greater.
 
    
    Operating Income is after restructuring and gain/loss of sale of
investments and before financial income/(expense), profit from Other Subsidiaries
and income taxes.
 
    
    Trading profit cash flowof [omitted] or greater.
 
    
    Trading Cash Flow:
 
    
    Industrial companys Operating Income adjusting for:
 
    
    Depreciation and change in provisions/operating reserves
    
    Investments in fixed assets
    
    Changes in gross working capital
 
    
    Thresholds are 100% of target results
    
    All selected participants will be individually notified of their incentive award
opportunity
    
    Participants must maintain an acceptable Leadership Assessment score (mapping of
Performance and Leadership assessments) during the performance period.
 2




---



##### 



How the Plan Works:
 Timing:
  Eligibility:
    Top Performance Plan Criteria:
 Key Performance Measures: Operating Income and Trading Cash Flow
  Operating income of [omitted] after before
 Trading profit cash flow of [omitted]
 
    
    Industrial companys Operating Income adjusting for:
 
    
    Depreciation and change in provisions/operating reserves
    
    Investments in fixed assets
    
    Changes in gross working capital
 3




---



##### 



Thresholds
   Top Performance Plan Payout Opportunity:
   st
   4




---



##### 



Final Benefit Determination:
    5