alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(No. 24171.

#### The City of Sterling, Appellee, *vs.*Frank Berry, Appellant.

*Opinion filed October 15, 1937.*

Sheldon & Brown, for appellant.

W. J. Stevens, City Attorney, and Ward, Ward & SchEinEman, for appellee.

*112Mr. Justice Stone

delivered the opinion of the court:

The appellant was, in the city court of Sterling, fined the sum of $3 for permitting his dog to go at large in the city of Sterling without the payment of a registration fee, herein called a tax, as required by certain ordinances of the city of Sterling. He raised in that court questions affecting the constitutionality of such ordinances and brings the cause here on direct appeal on the ground that constitutional questions are involved. The trial judge certified that in his opinion such questions were involved, and that it was in the public interest that the appeal be taken directly to this court.

Appellant’s claimed constitutional grounds are that the ordinances are void because they violate the equal protection clause of the constitution of this State and amount to double taxation, contrary to constitutional provision. He also raises certain other questions concerning the construction of ordinances and statutes, and the method by which the ordinances involved were adopted.

The first question to be considered here, however, is one of our jurisdiction. Appellant admits that this court, in *City of Paxton*v. *Fitzsimmons,*253 Ill. 355, has held that a like ordinance does not violate the equal protection clause of this State, but he insists that case is not good law and should be overruled, although his brief does not present substantial reason therefor. It is also settled by this court that an ordinance requiring the payment of such a license fee, whether called a tax or registration fee, does not constitute double taxation. This was not only, in effect, the ruling in *City of Paxton*v. *Fitzsimmons, supra,*but also in *Cole*v. *Hall,*103 Ill. 30, where it was pointed out that a so-called dog tax, or registration tax, or fee, is not a tax under the taxing power of the State but a license fee under the police power, and hence does not violate the constitutional provisions against double taxation.

*113As this court has frequently said, where it appears that a constitutional question supposed to be involved has been settled and is no longer open to debate, this court will not assume jurisdiction of an appeal merely to refer to its former decision. *(Burns*v. *Illinois Central Railroad Co.*258 Ill. 302; *Boylan*v. *Chicago Title and Trust Co.*240 id. 413.) While there is here a certificate of the trial judge that the validity of an ordinance is involved, this court will, notwithstanding such certificate, decline to take jurisdiction, where the constitutional questions raised are in fact settled. *(People*v. Gill, 364 Ill. 344.) Such questions here raised having been disposed of, and other questions in the case presenting no ground of jurisdiction, the cause is transferred to the Appellate Court for the Second District.

*Cause transferred.*
Exhibit 32.1





CERTIFICATION PURSUANT TO SECTION 906 OF THE


SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)*





In connection with the Quarterly Report of Blueknight Energy Partners, L.P., a Delaware limited partnership (the “Partnership”), on Form 10-Q for the quarter ended June 30, 2010 as filed with the Securities and Exchange Commission (the “Report”), each of the undersigned, James C. Dyer, Chief Executive Officer of Blueknight Energy Partners G.P., L.L.C., and Alex G. Stallings, Chief Financial Officer and Secretary of Blueknight Energy Partners G.P., L.L.C., certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his knowledge:





(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 Partnership.








/s/ James C. Dyer, IV


James C. Dyer, IV


Chief Executive Officer of


Blueknight Energy Partners G.P., L.L.C.,


general partner of Blueknight Energy Partners, L.P.





August 9, 2010







/s/ Alex G. Stallings


Alex G. Stallings


Chief Financial Officer and Secretary of


Blueknight Energy Partners G.P., L.L.C.,


general partner of Blueknight Energy Partners, L.P.





August 9, 2010

















*A signed original of this written statement required by Section 906 has been provided to the Partnership and will be retained by the Partnership and furnished to the Securities and Exchange Commission or its staff upon request. The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Report.
I

104TH CONGRESS

1ST SESSION H. R. 585

To amend title 37, United States Code, to prohibit the accrual of pay

and allowances by members of the Armed Forces who are confined

pending dismissal or a dishonorable or bad-conduct discharge.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 19, 1995

Mrs. LINCOLN introduced the following bill; which was referred to the

Committee on National Security

A BILL

To amend title 37, United States Code, to prohibit the accrual of pay and allowances by members of the Armed

Forces who are confined pending dismissal or a dishonorable or bad-conduct discharge.

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

3 SECTION 1. PROHIBITION ON ACCRUAL OF PAY AND AL4 LOWANCES BY CERTAIN INCARCERATED

5 MEMBERS.

6 (a) REVISION OF EXISTING PROHIBITION.—(1) Sec7 tion 804 of title 37, United States Code, is amended to

8 read as follows:
2

•HR 585 IH

1 ‘‘§ 804. Prohibition on accrual of pay and allowances

2 during confinement pending dismissal or

3 dishonorable or bad-conduct discharge

4 ‘‘(a) PAY AND ALLOWANCES NOT TO ACCRUE.—A

5 member of the armed forces who is under a sentence that

6 includes dismissal or a dishonorable or bad-conduct dis7 charge shall not be entitled to any pay and allowances for

8 any period during which the member is in confinement

9 after the adjournment of the court-martial that adjudged

10 such sentence.

11 ‘‘(b) RESTORATION OF ENTITLEMENT.—If a sen12 tence of a member of the armed forces described in sub13 section (a) is disapproved, mitigated, or changed by an

14 official authorized to do so or is otherwise set aside by

15 competent authority such that the sentence no longer in16 cludes dismissal or a dishonorable or bad-conduct dis17 charge, the prohibition in subsection (a) shall cease to

18 apply to the member on the basis of that sentence. The

19 member shall be entitled to receive the pay and allowances

20 that, in the absence of the prohibition, would have accrued

21 to the member.’’.

22 (2) CLERICAL AMENDMENT.—The item relating to

23 section 804 in the table of sections at the beginning of

24 chapter 15 of such title is amended to read as follows:

‘‘804. Prohibition on accrual of pay and allowances during confinement pending

dismissal or dishonorable or bad-conduct discharge.’’.
3

•HR 585 IH

1 (b) PROSPECTIVE APPLICABILITY.—The amendment

2 made by subsection (a)(1) shall not apply to pay periods

3 beginning before the date of the enactment of this Act.

Æ
255 So.2d 11

#### The CITY OF MOBILE, a Municipal Corporation v. Margaret O. SNOW et al.

1 Div. 665.

Supreme Court of Alabama.

Nov. 24, 1971.

Edmund R. Cannon, W. Ramsey McKinney, Jr., Mobile, for appellant.

Robert P. Denuiston, Mobile, for appellees.

LAWSON, Justice.

This is an appeal by the City of Mobile, a municipal corporation, from a final decree of the Circuit Court of Mobile County, in Equity, wherein the court decreed, in substance, that Act No. 18, approved March 16, 1956, General Acts of Alabama 1956, Second Special Session, p. 279, prohibits the City of Mobile from levying ad valorem taxes upon property located within an area of the city where the city has not furnished sanitary sewer service. The complainants in the trial court were residents of the Riviere du Chein community area, a part of the City of Mobile, who represented, in addition to themselves, all of the other residents of that area of the city. The respondents were the City of Mobile, the Mobile County Tax Assessor and the Mobile County Tax Collector.

This appeal presents questions identical to those treated in City of Mobile v. Salter, 287 Ala. 660, 255 So.2d 5, this day decided. It follows that the decree of the trial court here under review is due to be affirmed. It is so ordered.

Affirmed.

HEFLIN, C. J., and MERRILL, HAR-WOOD and MADDOX, JJ., concur.
|  | 1. | I have reviewed this Form 10-K/A of Martin Marietta Materials, Inc.; and |
|--|----|--------------------------------------------------------------------------|

|  | 2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report. |
|--|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  March 18, 2019 | By:    | /s/ James A. J. Nickolas                                                   |   |
|----------------------------|--------|---------------------------------------------------------------------------------|--------|
|                       |   | Name:  James A. J. Nickolas                                           |   |
|                       |   | Title:    Senior Vice President and Chief Financial Officer |   |
|                       |   |                                                                            |   |
No. 04-15-00466-CV

Felix Luera, Jr. and

Bianca Luera 

V. 

Basic Energy Services, 

Inc. and Basic Energy 

Services, L.P. 

In the Court of Appeals 

for the Fourth District of 

Texas

APPELLEES’ MOTION TO DEFER BRIEFING ON THE MERITS 

PENDING DISPOSITION OF APPELLEES’ MOTION TO DISMISS

TO THE HONORABLE COURT OF APPEALS: 

Appellees Basic Energy Services, Inc. and Basic Energy 

Services, L.P. (collectively, “Basic Energy”) move the Court to 

defer briefing on the merits in this matter until the Court has 

ruled on the Appellees’ Motion to Dismiss. 

PROCEDURAL HISTORY

On August 24, 2015, Appellees filed their Motion to 

Dismiss this appeal on the ground that Appellants’ notice of 

appeal was untimely. In particular, the judgment they appeal 

from was signed on November 4, 2014, and yet they did not file 

their notice of appeal until July 14, 2015. The Appellees’

Motion to Dismiss remains pending. 

ACCEPTED

04-15-00466-CV

FOURTH COURT OF APPEALS

SAN ANTONIO, TEXAS

10/28/2015 4:13:38 PM

KEITH HOTTLE

CLERK

 FILED IN 4th COURT OF APPEALS SAN ANTONIO, TEXAS 10/28/2015 4:13:38 PM KEITH E. HOTTLE Clerk
APPELLEES’ MOTION TO DISMISS 2

The Court has granted an extension of the deadline for 

Appellants to file their brief; it is now due on November 20, 

2015. The Appellees’ brief will be due 30 days after Appellants’ 

brief is filed. If the Motion to Dismiss is granted, the Court will 

not find it necessary to address the merits of the appeal. Thus, 

requiring the parties to submit full briefs on the merits before 

the Motion to Dismiss is disposed of may result in a needless 

expenditure of resources by the parties and the Court.

WHEREFORE, Appellees request that the Court defer 

briefing on the merits until it disposes of the Appellees’ Motion 

to Dismiss.

Respectfully submitted,

/s/ Ken Fields___________

Ken Fields

Texas State Bar No. 06975350

kfields@mcv-law.com

MCKIBBEN & VILLARREAL, L.L.P.

1100 Tower II

555 N. Carancahua

Corpus Christi, Texas 78401-0841

361-882-6611

361-883-8353 (telefax)

Attorneys for Appellees 

Basic Energy Services, Inc. 

and Basic Energy Services, 

L.P.
APPELLEES’ MOTION TO DISMISS 3

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument 

was served on the other counsel of record, in the manner 

indicated below, on October 28, 2015.

/s/ Ken Fields___________

Ken Fields

By e-filing and telefax, (361) 985-0601:

Mr. Russell W. Endsley

THE LAW OFFICES OF THOMAS J. HENRY 

521 Starr Street 

Corpus Christi, Texas 78401

Attorney for Appellants

By e-filing and telefax, 210-979-7810:

Ricardo R. Reyna 

Brock Person Guerra Reyna, P.C. 

17339 Redland Road 

San Antonio, Texas 78247

Co- counsel on appeal for Appellees
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

TYRONE J GRAHAM,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 146 EAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 15th day of July, 2015, the Petition for Allowance of Appeal is

DENIED.
Exhibit 32.2

CERTIFICATION

In
connection with the Annual Report on Form 10-K of Stratasys, Inc. (the
Company) for the period ended December 31, 2007, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Robert F.
Gallagher, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. § 1350, 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.

|Date: March 9,
      2009 | /s/ ROBERT F. GALLAGHER | 
|------------------------- | ----------------------- | 
|                          | Robert F. Gallagher    
|                          | Chief Financial Officer

---
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

MARK J. AMEER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 118 MM 2022

ORDER

PER CURIAM

AND NOW , this 15 th day of March , 2023, the Petition for Leave to File Petition for

Allowance of Appeal Nunc Pro Tunc is DENIED.
[Federal Register Volume 73, Number 23 (Monday, February 4, 2008)]
[Rules and Regulations]
[Page 6424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1846]



[[Page 6424]]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket FAA No. FAA-2007-28649; Airspace Docket No. 07-ANM-10]


Establishment of Class E Airspace; Wheatland, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects a final rule published in the Federal 
Register January 8, 2008 (73 FR 1271), Airspace Docket No. 07-ANM-10, 
FAA Docket No. FAA-2007-28649. In that rule, an error was made in the 
legal description for Wheatland, WY. Specifically, the latitude 
referencing Wheatland, Phifer Airfield, WY stated ``* * * lat. 
43[deg]03[min]20[sec] N.'' instead of ``* * * lat. 
42[deg]03[min]20[sec] N.'' This action corrects that error.

DATES: Effective Date: 0901 UTC, April 10, 2008. The Director of the 
Federal Register approves this incorporation by reference action under 
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and 
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation 
Administration, System Support Group, Western Service Area, 1601 Lind 
Avenue, SW., Renton, WA 98057; telephone (425) 203-4537.

SUPPLEMENTARY INFORMATION:

History

    On January 8, 2008, a final rule for Airspace Docket No. 07-ANM-10, 
FAA Docket No. FAA-2007-28649 was published in the Federal Register (73 
FR 1271), establishing Class E airspace in Wheatland, WY. The latitude 
referencing Wheatland, Phifer Airfield, WY was incorrect in that the 
latitude stated ``* * * lat. 43[deg]03[min]20[sec] N.'' instead of ``* 
* * lat. 42[deg]03[min]20[sec] N.'' This action corrects that error.

Correction to Final Rule

0
Accordingly, pursuant to the authority delegated to me, the legal 
description as published in the Federal Register on January 8, 2008 (73 
FR 1271), Airspace Docket No. 07-ANM-10, FAA Docket No. FAA-2007-28649, 
and incorporated by reference in 14 CFR 71.1, is corrected as follows:


Sec.  71.1  [Amended]

0
On page 1271, correct the legal description for Wheatland, WY, to read 
as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 
feet or more above the surface of the earth.

* * * * *

ANM WY E5 Wheatland, WY [New]

Wheatland, Phifer Airfield, WY
    (Lat. 42[deg]03[min]20[sec] N., long. 104[deg]55[min]43[sec] W.)

    That airspace extending upward from 700 feet above the surface 
within a 9-mile radius of Phifer Airfield, WY and within 4 miles 
north and 4 miles south of the Phifer Airfield, WY 080[deg] radial 
extending from the 9-mile radius to 12.90 miles east of the Phifer 
Airfield, WY.
* * * * *

    Issued in Seattle, Washington, on January 14, 2008.
Clark Desing,
Manager, System Support Group, Western Service Center.
[FR Doc. E8-1846 Filed 2-1-08; 8:45 am]
BILLING CODE 4910-13-P
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4226 Introduced in House (IH)]

                                    

104th CONGRESS
  2d Session
                                H. R. 4226

To require approval of an application for compensation for the injuries 
                          of Eugene Hasenfus.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1996

   Mr. Roth introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To require approval of an application for compensation for the injuries 
                          of Eugene Hasenfus.

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

SECTION 1. APPROVAL OF APPLICATION.

    Eugene Hasenfus, who was injured on October 5, 1986, shall be 
deemed to have been an employee of the United States Government in the 
performance of his duties at the time of his injury for the purpose of 
determining eligibility for compensation for his injuries under section 
8102 of title 5, United States Code, and the application for such 
compensation shall be deemed filed in a timely manner on his behalf. 
Such application shall be approved, and payments shall be made thereon 
as computed by the Secretary of Labor pursuant to the provisions of 
section 8101 et seq. of title 5, United States Code.

SEC. 2. LIMITATION ON COMPENSATION.

    A claim or award for compensation for legal or other services 
rendered in connection with obtaining relief authorized by section 1 
shall be valid only if approved by the Secretary of Labor, any contract 
to the contrary notwithstanding.
                                 <all>
```
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                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
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###### Department of State

          - [Public Notice 6313] 

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition “Art & Empire: Treasures from Assyria in the British Museum,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Museum of Fine Arts, Boston, MA, from on or about September 21, 2008, until on or about January 4, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: (202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001. 

Dated: August 4, 2008. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State.

 [FR Doc. E8-18476 Filed 8-8-08; 8:45 am] 

BILLING CODE 4710-05-P