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

109TH CONGRESS 

1ST SESSION S. 479 

To amend title 4 of the United States Code to prohibit a State from imposing 

a discriminatory tax on income earned within such State by nonresidents 

of such State. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2005 

Ms. CANTWELL introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To amend title 4 of the United States Code to prohibit 

a State from imposing a discriminatory tax on income 

earned within such State by nonresidents of such State. 

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 ‘‘Nonresident Income 

5 Tax Freedom Act of 2005’’. 
2 

•S 479 IS

1 SEC. 2. PROHIBITION ON IMPOSITION OF INCOME TAXES 

2 BY STATES ON NONRESIDENTS. 

3 (a) IN GENERAL.—Chapter 4 of title 4, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 127. Prohibition on imposition of income taxes by 

7 states on nonresidents 

8 ‘‘Except to the extent otherwise provided in any vol9 untary compact between or among States, a State or polit10 ical subdivision thereof may not impose a tax on income 

11 earned within such State or political subdivision by non12 residents of such State.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 4 of title 4, United States Code, is amended 

15 by adding at the end the following new item: 

‘‘127. Prohibition on imposition of income taxes by States on nonresidents.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by 

17 this section shall apply to taxable years ending after the 

18 date of enactment of this Act. 

Æ
#### In the Matter of Donovan C. Administration for Children’s Services, Respondent; Kenneth C., Respondent; Delanda R., Appellant. (And Another Proceeding.)

Submitted October 13, 2009;

decided December 1, 2009

Reported below, 65 AD3d 1041.

*879Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceedings within the meaning of the Constitution. Motion for poor person relief dismissed as academic.
109TH CONGRESS

2D SESSION S. 3759

AN ACT

To name the Armed Forces Readiness Center in Great Falls,

Montana, in honor of Captain William Wylie Galt, a

recipient of the Congressional Medal of Honor.

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

2

S 3759 ES

1 SECTION 1. NAMING OF ARMED FORCES READINESS CEN2 TER IN GREAT FALLS, MONTANA, IN HONOR

3 OF CAPTAIN WILLIAM WYLIE GALT, A RECIPI4 ENT OF THE CONGRESSIONAL MEDAL OF

5 HONOR.

6 The Armed Forces Readiness Center in Great Falls,

7 Montana, shall be known and designated as the ‘‘Captain

8 William Wylie Galt Great Falls Armed Forces Readiness

9 Center’’. Any reference in a law, map, regulation, docu10 ment, paper, or other record of the United States to such

11 facility shall be deemed to be a reference to the Captain

12 William Wylie Galt Great Falls Armed Forces Readiness

13 Center.

Passed the Senate November 16, 2006.

Attest:

Secretary.
109TH CONGRESS

2D SESSION S. 3759

AN ACT

To name the Armed Forces Readiness Center in

Medal of Honor.liam Wylie Galt, a recipient of the CongressionalGreat Falls, Montana, in honor of Captain Wil-
[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)]
[Notices]
[Page 21827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10911]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-65,513]


Tyrone Mining, LLC, Tyrone, NM; Notice of Termination of 
Investigation

    Pursuant to Section 221 of the Trade Act of 1974, as amended, an 
investigation was initiated on March 6, 2009 in response to a worker 
petition filed on behalf of the workers of Tyrone Mining, LLC, Tyrone, 
New Mexico.
    The petitioners have requested that the petition be withdrawn. 
Consequently, the investigation has been terminated.

    Signed at Washington, DC, this 15th day of April 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-10911 Filed 5-8-09; 8:45 am]
BILLING CODE 4510-FN-P
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ELIZABETH HOPE NORTH,

Plaintiff-Appellant,

 v.

BANK OF AMERICA, N.A.; 

MORTGAGE ELECTRONIC 

REGISTRATION SYSTEMS, INC.,

Defendants-Appellees.

No. 14-55509

D.C. No. 8:13-cv-01347-GW-AGR

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

George H. Wu, District Judge, Presiding

Submitted February 14, 2017**

Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges. 

Elizabeth Hope North appeals pro se from the district court’s judgment 

dismissing her diversity action alleging state law claims related to foreclosure 

proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review for an 

 

* 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

FEB 27 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 14-55509 

abuse of discretion a denial of leave to amend a complaint. Zucco Partners, LLC 

v. Digimarc Corp., 552 F.3d 981, 989 (9th Cir. 2009). We affirm.

The district court did not abuse its discretion in dismissing North’s action 

without granting further leave to amend because further amendment would be 

futile. See id. at 1007 (explaining that a district court’s discretion to deny leave to 

amend is particularly broad where plaintiff has failed to cure deficiencies by 

previous amendments).

Appellees’ request for judicial notice, filed on December 4, 2014, is denied 

as unnecessary.

AFFIRMED.
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWALT, INC.
                        ALTERNATIVE LOAN TRUST 2007-9T1
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-9T1


         The undersigned does hereby certify that the undersigned is an
officer of Countrywide GP, Inc., general partner of Countrywide Home Loans
Servicing LP (the "Master Servicer"), and does hereby further certify pursuant
to Section 3.16 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i)   A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii)  To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                Dated: March 14, 2008
-----------------

Craig Baingo
Executive Vice President, Finance
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

March 17, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-60799

Summary Calendar

 

RICKY JOHNSON,

Plaintiff-Appellant,

versus

HINDS COUNTY SHERIFF’S DEPARTMENT; ET AL.,

Defendants,

HINDS COUNTY SHERIFF’S DEPARTMENT; STACY WRIGHT, Corporal;

KENYON BELL, Deputy; UNKNOWN ALDERMAN, Deputy; UNKNOWN

WASHINGTON, Deputy; UNKNOWN CHILDS, Deputy; JOHN DOE, Deputy,

Defendants-Appellees.

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

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 3:02-CV-118-BN

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

Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.

PER CURIAM:*

Ricky Johnson, formerly Mississippi inmate #38717, appeals the

magistrate judge’s dismissal of his 42 U.S.C. § 1983 complaint.

Johnson alleged that while he was confined as a pre-trial detainee

in the Hinds County Detention Center, Corporal Wright, Deputy Bell,

and other deputies used excessive force against him and denied him
No. 03-60799

-2-

adequate medical treatment. Johnson alleged that he suffered

emotional and physical injuries, including a back injury from which

he still suffers. 

We review findings of fact made following a bench trial for

clear error and legal conclusions de novo. Baldwin v. Stalder, 137

F.3d 836, 839 (5th Cir. 1998). The burden of showing clear error

is heavier if the credibility of witnesses is a factor in the trial

court’s decision. Canal Barge Co. v. Torco Oil Co., 220 F.3d 370,

375 (5th Cir. 2000). 

A review of the record, including the trial transcript,

establishes that the magistrate judge’s credibility findings are

supported by the evidence. Johnson has not shown that the

magistrate judge’s findings on his claims of excessive force and

denial of adequate medical treatment were clearly erroneous. See

Canal Barge Co., 220 F.3d at 375. Accordingly, the judgment is

AFFIRMED.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
(18 U.S.C. SECTION 1350)

The certification set forth below is hereby made solely for the purpose of satisfying the requirements of
Section 906 of the Sarbanes-Oxley Act of 2002 and may not be relied upon or used for any other purposes.

In connection with the
Annual Report of Esmark Incorporated (the Company) on Form 10-K for the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul J. Mooney, 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 my 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 results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------

A signed original of this written statement required by Section 906 or other document authenticating, acknowledging or otherwise adopting the
signature that appears in typed form within the electronic version 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.



|                    |  |  |  |                        
|------------------- |  |  |  | -----------------------
|                    |  | 
|Dated: May 20, 2008 |  |  |  | /s/    PAUL J. MOONEY  
|                    |  |  |  | Chief Financial Officer

The foregoing certification is being furnished to the Securities and Exchange Commission as an
Exhibit to this report and should not be considered filed as a part of this report
EXHIBIT 32.1

Certification Required by Rule 13a-14(b) or

Rule 15d-14(b) and Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Quarterly Report of Permian Basin Royalty Trust (the Trust) on Form 10-Q for the quarterly period ended March 31,
2014, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant to 18 U.S.C. 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:

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

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



|                   |  |  |  |                                                                |  |                                                                                   
|------------------ |  |  |  | -------------------------------------------------------------- |  | ----------------------------------------------------------------------------------
|                   |  |  |  | BANK OF AMERICA, N.A., TRUSTEE FOR PERMIAN
BASIN ROYALTY TRUST
|                   |  |  | 
|Date: May 12, 2014 |  |  |  | By:                                                            |  | /s/ RON E. HOOPER                                                                 
|                   |  |  |  |                                                                |  | Ron E. Hooper, Senior Vice President and
Trust Administrator Bank of America, N.A.

A signed original of this written statement required by Section 906 has been provided to Permian Basin Royalty Trust and
will be retained by Permian Basin Royalty Trust and furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 31.2**

**** 

**Certification Pursuant to Rule 13a-14(a) or Rule 15d-14(a)**

**of the Securities Exchange Act of 1934, as amended**

 

I, Gerard M. Jacobs certify that:

 

1.  I have reviewed this Report on Form 10-K of Acquired Sales Corp.

 

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;

 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

 

4. The small business issuer's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:

 

a)  designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

b)   designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under my supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

 

c)   evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

d)   disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the period covered by this report that has materially affected, or is reasonably likely to materially affect, the  small business issuer's internal control over financial reporting.

 

 

 

a)   all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

 

b)   any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.

 

 

----
#### Mabry *v.*The Metropolitan Trust Company.

1. A- mortgage deed, executed and delivered in the State of Alabama to a named trustee, by a railway corporation, describing and covering all its property real and personal, for the purpose of securing the payment of bonds issued by the mortgagor, passed to the trustee the title to the property described in the mortgage; and consequently, while the bonds to secure which the mortgage was given remained unpaid, two locomotive engines covered by the mortgage were not, as to the whole property therein, subject to attachment for a debt of the railway company, as against a claim interposed by the trustee. This is true although no default had occurred, and the mortgage provided that until default be made in the payment of the principal and interest of the bonds, or of some or any of them, the railway company should be permitted to possess, operate, manage and enjoy the railroad with its appurtenances, as if the mortgage had not been executed; and also, that until default, the railway company might sell, exchange or otherwise dispose of such of its rolling-stock as had or might become old, worn-out, disused or undesirable, substituting for the same other property of equal or greater value, which should be covered by and be subject to the mortgage;' it being further provided in the mortgage that, in case of default, the trustee might take possession of the property and sell the same or foreclose the mortgage.

2. Treating the law of Alabama as applicable to an attachment sued out in Georgia, the claimant’s title (if valid) could not be displaced or extinguished without pdyment of the debt secured by the mortgage. Code of Alabama (1886), §3017. In order for §2892 *620of the Alabama code to apply, the levy would have to be restricted to such interest as the mortgagor has in the property, to wit, the equity of redemption and the right to possession and use until the lapse of six months of continuous default by the mortgagor. No law of force in Georgia is more favorable to the attaching creditor than these provisions of the code of Alabama.

July 16, 1894.

*Judgment affirmed.*

Attachment and claim. Before Judge Lumpkin. Fulton superior court. September term, 1893. '

John C. Reed, for plaintiff.

Calhoun, King & Spalding, *contra.*

Mabry brought suit in Fulton county, Ga., against the Western Railway of Alabama, and caused attachment to issue and be levied on two locomotive engines, which were claimed by the Metropolitan Trust Co., trustee under the mortgage deed mentioned in the first head-note. These engines were used in running trains from Montgomery, Ala., to Atlanta, Ga. The court directed a verdict for the claimant, and overruled plaintifFs motion for a new trial.
# FILED
August 12, 1998 Cecil W. Crowson Appellate Cou rt Clerk 

### IN THE COURT OF APPEALS OF TENN ESSEE

AT NASHVILLE

DAVID K. WACHTEL, JR., ) ) Plaintiff/Appellant, ) ) Appeal No. VS. ) 01-A-01-9708-CH-00396 ) THE WESTERN SIZZLIN ) Davidson Chancery CORPORATION f/k/a FRANCH ISEE ) No. 95-781-I ACQUISITION CORPORATION, ) ) Defendant-Counter ) Claimant/Appellee ) ) VS. ) ) DAVID K. WACHTEL, JR., AND ) RESTAURANT MANAGEMENT ) SERVICES, INC., ) ) Counter-Defendants. ) 

### ORD ER O N PE TITION TO R EHE AR
The appellee has fileda respectful Petition to Rehear. After r eviewing the grounds for the petition, w e are of the opinion that it should be overruled. It is, therefore, ordered that the petiti on be overruled.

____ ___________________ __________

_ BEN H. CANTRELL, JUDGE

_ ___________________ _____________

_ WILLIAM C. KOCH, JR., JUDGE

_________________

______________

___ WALTER W. BUSSART, SPECIALJUDGE
S. 52

One Hundred Ninth Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fourth day of January, two thousand and five

An Act

To direct the Secretary of the Interior to convey a parcel of real property to

Beaver County, Utah.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. CONVEYANCE TO BEAVER COUNTY, UTAH.

(a) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall, without consideration and subject to valid existing rights, convey to Beaver

County, Utah (referred to in this Act as the ‘‘County’’), all right,

title, and interest of the United States in and to the approximately

200 acres depicted as ‘‘Minersville State Park’’ on the map entitled

‘‘S. 2285, Minersville State Park’’ and dated April 30, 2004, for

use for public recreation.

(b) RECONVEYANCE BY BEAVER COUNTY.—

(1) IN GENERAL.—Notwithstanding subsection (a), Beaver

County may sell, for not less than fair market value, a portion

of the property conveyed to the County under this section,

if the proceeds of such sale are used by the County solely

for maintenance of public recreation facilities located on the

remainder of the property conveyed to the County under this

section.

(2) LIMITATION.—If the County does not comply with the

requirements of paragraph (1) in the conveyance of the property

under that paragraph—

(A) the County shall pay to the United States the

proceeds of the conveyance; and

(B) the Secretary of the Interior may require that

all property conveyed under subsection (a) (other than the
S. 52—2

property sold by the County under paragraph (1)) revert

to the United States.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
##### 



Exhibit 10.71
 PRIVATE AND CONFIDENTIAL
FINAL VERSION
 Mike S. Zafirovski  Employment Terms and Conditions
 1. Employment Relationship
  2. Salary
  3. Incentive Award
  4. Long-Term Incentives




---



##### 



5. Benefits
   6. Capital Accumulation and Retirement Programs
   2




---



##### 



7. Participation in Executive Retention Termination Plan
  8. Tax Preparation and Financial Planning
  9. Tax Equalization
  10. Separation
 3
        11. Reporting Insider
  12. Share Ownership Guidelines
  4