alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Document Headings

                    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

###### Bureau of Land Management

          - [LLOR9360000.L51040000.FI0000-09; HAG-09-0005; WAOR58397, WAOR58398, WAOR58399, WAOR58400]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice.

# SUMMARY:

Under the provisions of 30 U.S.C. 188(d) and (e), and 43 CFR 3108.2-3(a) and (b)(1), the Bureau of Land Management (BLM) received a petition for reinstatement from Delta Petroleum Corporation for noncompetitive oil and gas leases WAOR58397, WAOR58398, WAOR58399, and WAOR58400, for lands in Franklin County, Washington. The petition was filed on time and was accompanied by all the rentals due since the date the leases terminated under the law.

# SUPPLEMENTARY INFORMATION:

                    The lessee, Delta Petroleum Corporation, has agreed to the amended lease terms for rentals and royalties at rates of $5.00 per acre or fraction thereof, per year and 16-2/3 percent, respectively. The lessee has paid the required $500 administrative fee and $163 to reimburse the Bureau of Land Management for the cost of this                     **Federal Register**                     notice.                

The lessee has met all the requirements for reinstatement of the lease as set out in Section 31(d) and (e) of the Mineral Leasing Act of 1920 (30 U.S.C. 188). Therefore, the Bureau of Land Management is proposing to reinstate leases WAOR58397, WAOR58398, WAOR58399, and WAOR58400, effective April 1, 2008, subject to the original terms and conditions of the leases and the increased rental and royalty rates cited above. No other valid lease has been issued affecting the lands.

# FOR FURTHER INFORMATION CONTACT:

                        Michael Reed, Land Law Examiner, Minerals Section, BLM Oregon/Washington State Office, PO Box 2965, Portland, Oregon 97208, (503) 808-6282,                         *Mike_Reed@or.blm.gov*.                    

Dated: October 7, 2008.

Christopher B. DeWitt,

Chief, Minerals Section.

[FR Doc. E8-24255 Filed 10-10-08; 8:45 am]

BILLING CODE 4310-33-P
#### STATE OF NEW JERSEY v. DENNIS PORTER.

October 15, 1985.

Petition for certification denied.
#### In the Matter of the Estate of Ellen E. Wilkerson, Deceased.

Surrogate’s Court, New York County,

April 26, 1957.

*Leonard H. Wacker*for Abraham Wilkerson, as administrator *c. t. a.,*petitioner.

*Moses <& Singer*for Public National Bank & Trust Company of New York, respondent.

*Jerome W. Marks*for Isaac Henry and another, persons who may be in military service, respondent.

S. Samuel Di Falco, S.

Decedent, a resident of New York since 1936, died in 1954. She had executed a will in 1935 while a resident of the Virgin Islands. The will gave legacies of $5 to each of her brothers and the residuary to the Municipality of St. Croix, Virgin Islands *“*on condition that they see to it that I am decently buried and that I shall be cared for in a proper manner during my last illness.” Decedent was cared for and buried by her brother, the administrator *c. t.*a., in New York. He asks the court to determine that the legacy *695lapsed by reason of the failure of the condition attached to the legacy. The court holds that it did lapse *(Oliver*v. *Wells,*254 N. Y. 451; *Matter of Engelking,*185 Misc. 866). A bequest to a cemetery was held to have lapsed where deceased was buried in a different cemetery *(Matter of Salo,*107 N. Y. S. 2d 402). Therefore the property which would have passed by the residuary clause of the will passes as in intestacy to the distributees of the deceased.

Decedent maintained a bank account in her own name *“*in trust for James.” The court is asked to determine that a brother, James, is the one intended. The petition, supporting affidavit and the fact that the decedent had no other relative or friend by the name of James all indicate that he is the one intended. All persons interested in the estate have been cited, and none has objected to the claim of the brother. The court finds that the brother James is entitled to the account.

The application for attorney’s fees pursuant to section 231-a of the Surrogate’s Court Act is granted in the amount requested for services rendered through the entry of the decree herein.

Submit decree.
Exhibit32.1

** **

** **

**Certification of CEO and CFO**

**Pursuant to 18 U.S.C. Section 1350,**

**As Adopted Pursuant to**

**Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

 

Inconnection with the Quarterly Report on Form 10-Q of Consolidated CapitalInstitutional Properties/3, LP (the "Partnership"), for the quarterly periodended September 30, 2009 as filed with the Securities and Exchange Commission onthe date hereof (the "Report"), Steven D. Cordes, as the equivalent of the chiefexecutive officer of the Partnership, and Stephen B. Waters, as the equivalentof the chief financial officer of the Partnership, each hereby certifies,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of his knowledge:

 

(1)  The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 

 

 

 

Thiscertification is furnished with this Report pursuant to Section 906 of theSarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership forpurposes of Section 18 of the Securities Exchange Act of 1934, as amended.
[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Page 53320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21663]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Alcohol Abuse and Alcoholism; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
USC, as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable materials, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Alcohol Abuse and 
Alcoholism, Special Emphasis Panel, Review of Resource Grant 
Applications (R24).
    Date: November 3, 2010.
    Time: 2 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 5635 Fishers Lane, 
Bethesda, MD 20892. (Telephone Conference Call.)
    Contact Person: Richard Rippe, PhD, Scientific Review Officer, 
National Institute on Alcohol Abuse and Alcoholism, National 
Institutes of Health, 5635 Fishers Lane, Room 2109, 301-443-8599. 
<a href="/cdn-cgi/l/email-protection#0f7d667f7f6a7d6e4f626e66632161666721686079"><span class="__cf_email__" data-cfemail="7002190000150211301d11191c5e1e19185e171f06">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, 
Alcohol Research Career Development Awards for Scientists and 
Clinicians; 93.272, Alcohol National Research Service Awards for 
Research Training; 93.273, Alcohol Research Programs; 93.891, 
Alcohol Research Center Grants; 93.701, ARRA Related Biomedical 
Research and Research Support Awards., National Institutes of 
Health, HHS)

    Dated: August 25, 2010.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2010-21663 Filed 8-30-10; 8:45 am]
BILLING CODE 4140-01-P


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</html>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DWAYNE LAMONT BURGESS,

Plaintiff

- Appellant,

v.
J. RAYA; et al.,

Defendants

- Appellees,

and

P. MORALES; et al.,

Defendants. No. 15

- 17462

D.C. No. 1:11

- c v

- 00921

- LJO

- JLT

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Lawrence J. O’Neill, Chief Judge, Presiding

Submitted April 11, 2017 **

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

California state prisoner Dwayne Lamont Burgess appeals pro se from the

* 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). 

# FILED

APR 26 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 15

- 17462

district court’s summary judgment in his 42 U.S.C. § 1983 action alleging various

constitutional claims. We have jurisdiction under 28 U.S.C. § 1291. We review de

novo. Hoop er v. C

ounty of San Diego , 629 F.3d 1127, 1129 (9th Cir. 2011). We

affirm in part
, reverse in part , and remand

.
The district court properly granted s ummary judgment on Burgess’ First

Amendment retaliation and conspiracy claims because a judgment in Burges s’

favor would necessarily imply the invalidity of his disciplinary proceedings. See

Heck v. Humphrey , 512 U.S. 477 , 486

- 87 (1994) (if “a judgment in favor of the

plaintiff would necessarily imply the invalidity of his conviction or sentence . . .

the com plaint must be dismissed unless the plaintiff can demonstrate that the

conviction or sentence has already been invalidated.”); see also Edwards v.

Balisok , 520 U.S. 641 (1997) (extending Heck to disciplinary proceedings).

The district court properly granted s ummary judgment on Burgess’

excessive force claim as Heck

- barred to the extent that Burgess alleged that

defendants use d pepper spray for a purpose other than to regain control. See Heck
,

512 U.S. at 486

- 87 ; see also Clement v. Gomez , 298 F.3d 89 8, 903 (9th Cir. 2002)

(force is not excessive when “applied in a good faith effort to restore discipline and

order and not maliciously and sadistically for the very purpose of causing harm”)

.3 15

- 17462

However, to the extent that Burgess alleged that he was exposed to pepper

spray for a prolonged period of time despite alerting defendants to his health

issues, Heck does not bar Burgess’ claims. See Smith v. City of Hemet , 394 F.3d

689 , 696

- 98 (9th Cir. 2005) (claim not barred by Heck if the alleged use of

excessive force occurred after the conduct on which the conviction was based).

Because the district court relied only on Heck in dismissing this claim, w e reverse

the judgment in part and remand for further proceedings on th is claim only

.
The parties shall bear th eir own costs on appeal

.

AFFIRMED in part, REVERSED in part , and REMANDED

.
COURT OF A PPEAL S EI GHTH D I STRI CT OF TEX AS ELPASO, TEXAS HECTOR KAL UAKI

NI , Appellant,
v. ROBERTO CONT RERAS, Appellee
. § § § § § § No. 08-09-00317- CV

Appea l from the 168th District Court of El Paso County , Texas (TC# 2009-1291)
MEMORAN DUM OP INION Pending befor e the Court is an ag ree d motion to dismiss this appea l pursuant to T E X . R. A P P . P. 42.1(a) (2) beca

use the parties have enter ed into a settlement ag ree ment and have ag ree d that the appea l should be dismiss ed. We g rant the motion and dismiss the appe al. Costs of appea l will be paid by the party incurring the sam e, ac co rding to the parties’ ag ree ment. See T E X . R. A P P . P. 42.1(d).
GUADA L UPE RI VERA, J ustice May 19, 2010 Be fore Chew, C.J ., McClure, a nd Rivera, JJ
.
**Exhibit
      32**





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL**


**OFFICER**


**PURSUANT
      TO**


**18
      U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO**




SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




The
      undersigned hereby certifies, pursuant to, and as required by, 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      that
      the Quarterly Report of National Investment Managers Inc. (the "Company") on
      Form 10-Q for the period ended June 30, 2008 fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,
      as amended, and that information contained in such Quarterly Report on Form
      10-Q
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company.





Dated:
                August 14, 2008
            /s/
                Steven RossSteven
                RossChief
                Executive Officer and DirectorDated:
                August 14, 2008
            /s/
                John SchroepferJohn
                SchroepferInterim
                Chief Financial Officer
Exhibit 21.1
 VCG Holding Corp.
List of Subsidiaries
December 31, 2010
 State ofName
    
    DBA
    
    OrganizationVCG Phoenix Corp. (inactive)
    
    
    
    ArizonaVCG-IS, LLC
    
    Imperial Showgirls Gentlemens Club
    
    CaliforniaBradshaw Hotel, Inc.
    
    
    
    ColoradoDenver Restaurant Concepts LP
    
    PTs® Showclub
    
    ColoradoGlenarm Restaurant LLC
    
    Diamond Cabaret®
    
    ColoradoGlendale Restaurant Concepts LP
    
    The Penthouse® Club
    
    ColoradoInternational Entertainment Consultants, Inc.
    
    IEC
    
    ColoradoStout Restaurant Concepts, Inc.
    
    La Boheme Gentlemens Club
    
    ColoradoVCG CO Springs, Inc.
    
    PTs® Showclub
    
    ColoradoVCG Licensing, Inc. (inactive)
    
    
    
    ColoradoVCG Properties, Inc.
    
    
    
    ColoradoVCG Real Estate Holdings, Inc.
    
    VCG Real Estate
    
    ColoradoVCG Restaurants Denver, Inc.
    
    PTs® All Nude
    
    ColoradoKenja II, Inc.
    
    PTs® Showclub
    
    FloridaKenja Venture, Inc.
    
    PTs® Showclub
    
    FloridaCardinal Management LP
    
    PTs® Showclub
    
    IllinoisIRC LP
    
    The Penthouse® Club
    
    IllinoisMRC LP
    
    PTs® Sports Cabaret
    
    IllinoisPlatinum of Illinois, Incorporated
    
    PTs® Brooklyn
    
    IllinoisRCC LP
    
    Roxys
    
    IllinoisIndy Restaurant Concepts, Inc.
    
    PTs® Showclub
    
    IndianaKentucky Restaurant Concepts, Inc.
    
    PTs® Showclub
    
    KentuckyKenkev II, Inc.
    
    PTs® Showclub
    
    Maine4th Street Partnership LP
    
    
    
    MinnesotaClassic Affairs, Inc.
    
    Schieks Palace Royal
    
    MinnesotaGood Cheer, Inc.
    
    
    
    North CarolinaRaleigh Restaurant Concepts, Inc.
    
    The Mens Club®
    
    North CarolinaKenkev, Inc.
    
    
    
    South CarolinaManana Entertainment, Inc.
    
    Jaguars Gold Club
    
    TexasGolden Productions JGC Fort Worth, LLC
    
    Jaguars Gold Club
    
    Texas
II 

110TH CONGRESS 

1ST SESSION S. 1704 

To temporarily extend the programs under the Higher Education Act of 

1965, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2007 

Mr. KENNEDY (for himself and Mr. ENZI) introduced the following bill; which 

was read twice, considered, read the third time, and passed 

A BILL 

To temporarily extend the programs under the Higher 

Education Act of 1965, 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 ‘‘First Higher Edu5 cation Extension Act of 2007’’. 

6 SEC. 2. EXTENSION OF PROGRAMS. 

7 Section 2(a) of the Higher Education Extension Act 

8 of 2005 (Public Law 109–81; 20 U.S.C. 1001 note) is 

9 amended by striking ‘‘June 30, 2007’’ and inserting ‘‘July 

10 31, 2007’’. 


cnoel on PRODPC60 with BILLS
2 

•S 1704 CPS

1 SEC. 3. RULE OF CONSTRUCTION. 

2 Nothing in this Act, or in the Higher Education Ex3 tension Act of 2005 as amended by this Act, shall be con4 strued to limit or otherwise alter the authorizations of ap5 propriations for, or the durations of, programs contained 

6 in the amendments made by the Higher Education Rec7 onciliation Act of 2005 (Public Law 109–171) to the pro8 visions of the Higher Education Act of 1965 and the Tax9 payer-Teacher Protection Act of 2004. 

Æ 


cnoel on PRODPC60 with BILLS
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
MARTON SANDOR PAL, ) ) Appellant, ) ) v. ) Case No. 2D17-4081 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed July 27, 2018. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Polk County; Jalal A. Harb, Judge. J. Andrew Crawford of J. Andrew Crawford, P.A., St. Petersburg, for Appellant.

PER CURIAM.

Affirmed.
VILLANTI, BLACK, and SLEET, JJ., Concur.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 3572

_____________________________
T RAVIS L EE P ARKER , Appellant,

v.

S ANDI S INGLETARY P ARKER n/ k/ a S ANDI S INGLETARY G RANT , Appellee.

_____________________________

On appeal from the Circuit Court for Okaloosa County

. Michael A. Flowers , Judge

. June 6, 2019

P ER C URIAM

.
A FFIRMED

.
M AKAR , O STERHAUS , and B ILBREY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Anna (Dina) F. Foster and Matthew E.W. Bryant of Pennington, P.A., Tallahassee
, for Appella nt.

No appearance
, for Appellee.
#### In the Matter of the Accounting of Elizabeth L. Freuder (Formerly Known as Elizabeth Schub) et al., as Executors of Abraham L. Schub, Deceased.

Surrogate’s Court, Kings County,

June 18, 1957.

*985
      *Lester Grossman*for *Elisabeth L. Schub,*as executrix.

*Jack Schults*for Maurice Schub, objectant.

*Henry Solomon,*special guardian.

Maximilian Moss, S.

As an incident to an accounting of executors and trustees a judicial construction is required of subdivision (3) of the Third article of the will to determine whether the testator’s son is entitled to continued benefits thereunder for his maintenance and for his education while serving a dental interneship at a local hospital.

By the said article, the testator authorized the trustees to apply out of the trust principal, if by their unanimous action they deemed it advisable to do so for the well being of his wife and surviving issue mindful that he desired his issue “ shall be provided with good and proper education and maintenance by my wife to the best of her ability.” Under the terms of this trust, funds were provided for the objectant from the principal for expenditures necessary to obtain a baccalaureate degree and a degree in dental surgery.

The objectant now urges that funds be made available to him from the corpus during an interneship as a necessary continuance of “ good and proper education and maintenance ”, which is opposed by his mother, one of the executors and trustees.

The court is reluctant to intrude on the trustees’ reasonable exercise of discretionary powers *(City Bank Farmers Trust Co.*v. *Smith,*263 N. Y. 292; *Matter of Shea,*234 App. Div. 176, 179; *Matter of Lyman,*186 Misc. 153). Where trustees act arbitrarily, capriciously, in bad faith or neglect to properly exercise the discretion reposed in them, the court will intervene *(Matter of Van Zandt,*231 App. Div. 381; *Matter of Wieman,*165 Misc. 60; *Matter of Allen,*192 Misc. 8). It is not necessary to determine whether *“*good and proper education and maintenance ” under this paragraph contemplated the inclusion of the objectant’s expenses during an interneship, since the trustees were in fact invested with the right of unanimous action to so determine. The trustees did in fact provide for the objectant’s collegiate and professional training. There is no proper basis for the court’s intervention and the trustees’ interpretation of a “ good and proper education and maintenance ” must be accepted, particularly since the modest assets of the residual trust were to provide for the well being of the widow for life and for the “ education and maintenance ” of both issue of the marriage. The questioned article is so construed. Settle decree on notice.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41053 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOSÉ ANTONIO REVILLA-MORENO, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. L-98-CR-369-1

- - - - - - - - - - October 19, 1999 Before JONES, SMITH, and STEWART, Circuit Judges. PER CURIAM: * Court-appointed counsel for José Antonio Revilla-Moreno has moved for leave to withdraw and filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Counsel has also filed a supplemental brief. Revilla-Moreno has filed three pro

se motions in response, seeking appointment of substitute counsel. Our independent review of the briefs, Revilla-Moreno’s motions, and the record discloses no nonfrivolous issue. The record has not been adequately developed for us to considerNo. 98-41053 -2- Revilla-Moreno’s claim of ineffective assistance of counsel on direct appeal. See United States v. Haese , 162 F. 3d 359, 363-64 (5th Cir. 1998), cert. denied , 119 S. Ct. 1795 (1999). Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, all pro se motions are DENIED, and the appeal is DISMISSED. See 5 TH C IR . R. 42.2.