alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Page 26481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12758]



[[Page 26481]]

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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Joint Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Joint Committee 
will be conducted. The Taxpayer Advocacy Panel is soliciting public 
comment, ideas, and suggestions on improving customer service at the 
Internal Revenue Service.

DATES: The meeting will be held Wednesday, July 22, 2009.

FOR FURTHER INFORMATION CONTACT: Susan Gilbert at 1-888-912-1227 or 
(515) 564-6638.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Joint Committee 
will be held Wednesday, July 22, 2009, at 3 p.m. Eastern Time via 
telephone conference. The public is invited to make oral comments or 
submit written statements for consideration. Due to limited conference 
lines, notification of intent to participate must be made with Susan 
Gilbert. For more information please contact Ms. Gilbert at 1-888-912-
1227 or (515) 564-6638 or write: TAP Office, 210 Walnut Street, Des 
Moines, IA 50309 or contact us at the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: May 27, 2009.
Shawn F. Collins,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. E9-12758 Filed 6-1-09; 8:45 am]
BILLING CODE 4830-01-P
#### STATE OF NORTH CAROLINA v. DENNIS MARSHALL CLEMMONS

No. 91A07

(Filed 12 October 2007)

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 181 N.C. App. 391, 639 S.E.2d 110 (2007), finding no error in a judgment entered 5 May 2005 by Judge Steve A. Balog in Superior Court, Harnett County. Heard in the Supreme Court 11 September 2007.

*Roy Cooper, Attorney General, by Francis W. Crawley, Special Deputy Attorney General, for the State.*

*Staples S. Hughes, Appellate Defender, by Barbara S. Blackman, Assistant Appellate Defender, for defendant-appellee.*

PER CURIAM.

AFFIRMED.

Justice HUDSON did not participate in the consideration or decision of this case.
#### DIPSON THEATRES, Inc. v. BUFFALO THEATRES, Inc., et al.

Civ. No. 3058.

United States District Court W. D. New York.

Nov. 1, 1948.

See also D.C., 8 F.R.D. 313.

Borins & Hoffman, of Buffalo, N. Y. (Louis Borins and Dwight Campbell, Jr., both of Buffalo, N. Y., of counsel), for plaintiff.

O’Brien, Driscoll, Raftery & Lawler, of New York City, and Edward C. Raftery and George A. Raftery, both of New York City, for Universal, United Artists and Warner Bros. Picture Distributing Corp., Inc. (Formerly Vitagraph, Inc.)

Raichle, Tucker & Moore, of Buffalo, N. Y., and Frank G. Raichle and James O. Moore, both of Buffalo, N. Y., for Buffalo Theatres, Inc., and others.

Brown, Kelly, Turner & Symons, of Buffalo, N. Y., and J. Edmund Kelly and John E. Leach, both of Buffalo, N.Y., for Vincent R. McFaul.

Sidney B. Pfeifer, of Buffalo, N. Y., and Harry M. Pimstein, of New York City, for RKO Radio Pictures, Inc.

Schwartz & Frohlich, of New York City, and Louis D. Frohlich, Everett A. Froh-lich and Max Rose, all of New York City, for Columbia Pictures Corporation.

KNIGHT, Chief Judge.

At the close of plaintiff’s case, each defendant moved, under Rule 41(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A., for a dismissal of the complaint and for judgment.

*462The foregoing rule contemplates adjudication on the merits and here this necessitates a decision on numerous controverted issues of fact. A dismissal under this rule is to be granted only with caution, specially where there is such a mass of testimony as here.

The Third Cause of Action is dismissed. Findings may be submitted, and thereafter judgment entered.

Each cause of action is dismissed as to the defendant Columbia Pictures Corporation. Findings may be submitted, and judgment thereafter entered.

All other motions are denied.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2519 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2519

 To suspend temporarily the duty on certain tirebuilding machines used 
in the manufacture of extra-wide pneumatic truck and automobile tires, 
                   and parts and accessories thereof.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mr. Graham introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on certain tirebuilding machines used 
in the manufacture of extra-wide pneumatic truck and automobile tires, 
                   and parts and accessories thereof.

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

SECTION 1. CERTAIN TIREBUILDING MACHINES USED IN THE MANUFACTURE OF 
              EXTRA-WIDE PNEUMATIC TRUCK AND AUTOMOBILE TIRES, AND 
              PARTS AND ACCESSORIES THEREOF.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.01.00       Post systems,       Free         No change        No change        On or before 12/ ''.
                          feeder systems,                                                    31/2011.......
                          reels, conveying
                          equipment,
                          controlling
                          machinery, and
                          other motor
                          vehicle tire
                          production
                          machinery, all
                          the foregoing
                          designed for the
                          production of
                          tires having a
                          tread width of
                          more than 450 mm,
                          and parts thereof
                          (provided for in
                          subheading
                          8477.51.00,
                          8477.90.25,
                          8477.90.65, or
                          8477.90.85)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT DECEMBER 31, 1999 AND THE STATEMENT OF OPERATIONS FOR THE TWELVE MONTHS
ENDED DECEMBER 31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS INCLUDED AS PART OF ITS ANNUAL REPORT ON FORM 10-K FOR THE
PERIOD DECEMBER 31, 1999.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,019,220
<SECURITIES>                                         0
<RECEIVABLES>                                  914,603
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,933,823
<PP&E>                                      53,013,739
<DEPRECIATION>                              19,537,686
<TOTAL-ASSETS>                              35,409,876
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  35,409,876
<TOTAL-LIABILITY-AND-EQUITY>                35,409,876
<SALES>                                              0
<TOTAL-REVENUES>                             4,011,372
<CGS>                                                0
<TOTAL-COSTS>                                3,197,894
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   878,989
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
No. 977.

#### Burdick et al. *v.*Burdick et al., Trustees, et al.

March 30, 1942.

*Messrs. E. Barrett Prettyman, F. G. Await,*and *Raymond Sparks*for petitioners. *Messrs. Dallas S. Townsend, Gardner Dugald Howie,*and *Spencer Gordon*for Burdick et al., Trustees, and *Mr. George C. Gertman*for George C. Gertman, Guardian, respondents.

Petition for writ of certiorari to the Court of Appeals for the District of Columbia denied.
#### Frank J. MASIARCZYK, Jr., Plaintiff—Appellant, v. INTERNAL REVENUE SERVICE; Federal Bureau of Investigation, Office of Information and Privacy; U.S. Drug Enforcement Agency; Central Intelligence Agency; John and Jane Does, Defendants—Appellees.

No. 05-2241.

United States Court of Appeals, Fourth Circuit.

Submitted: June 15, 2006.

Decided: June 19, 2006.

Frank J. Masiarczyk, Jr., Appellant Pro Se. Thomas Edward Johnston, United States Attorney, Helen Campbell Altmeyer, Office of the United States Attorney, Wheeling, West Virginia, for Appellees.

Before KING, SHEDD, and DUNCAN, Circuit Judges.

*397Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Frank J. Masiarezyk, Jr., appeals the district court’s order dismissing his civil action brought under the Freedom of Information Act and his subsequent motion for reconsideration. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *See Masiarezyk v. IRS,*No. L04-CV-00085 (N.D.W.Va. Oct. 21, 2005); *Masiarezyk v. IRS,*No. L04-CV-00085 (N.D.W.Va. Oct. 3, 2005). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED*
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF INCOME OF WOLVERINE TUBE, INC. FOR THE NINE
MONTH PERIOD ENDED SEPTEMBER 28, 1996, AND THE CONDENSED CONSOLIDATED BALANCE
SHEET OF WOLVERINE TUBE, INC. AT SEPTEMBER 28, 1996 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-28-1996
<CASH>                                           5,734
<SECURITIES>                                         0
<RECEIVABLES>                                   88,097<F1>
<ALLOWANCES>                                         0
<INVENTORY>                                     67,261
<CURRENT-ASSETS>                               162,453
<PP&E>                                         149,996<F1>
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 404,896
<CURRENT-LIABILITIES>                           61,355
<BONDS>                                        100,490
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      2,000
<COMMON>                                           187
<OTHER-SE>                                     197,277
<TOTAL-LIABILITY-AND-EQUITY>                   404,896
<SALES>                                        528,346
<TOTAL-REVENUES>                               528,346
<CGS>                                          456,501
<TOTAL-COSTS>                                  456,501
<OTHER-EXPENSES>                                17,229
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,918
<INCOME-PRETAX>                                 47,698
<INCOME-TAX>                                    17,421
<INCOME-CONTINUING>                             30,277
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    30,277
<EPS-PRIMARY>                                    $2.12
<EPS-DILUTED>                                    $2.12
<FN>
<F1>The values for the tags Receivables and PP&E are shown net of their respective
allowance accounts.
</FN>
        

</TABLE>
<partyblock><br><br><div align="center"><b><font size="+1">TAM Medical Supply Corp., as Assignee of Robles, Daniel, Appellant, <br><br>against<br><br>Kemper Insurance Company, Respondent. </font></b></div><br><br><p>The Rybak Firm, PLLC (Damin J. Toell and Karina Barska of counsel), for appellant.Gullo &amp; Associates, LLP (Cristina Carollo of counsel), for respondent.</p><p>Appeal from a judgment of the Civil Court of the City of New York, Queens County (Sally E. Unger, J.), entered April 14, 2017. The judgment, entered pursuant to an order of that court entered November 2, 2016 denying plaintiff's motion for summary judgment and granting defendant's cross motion to dismiss the complaint, dismissed the complaint.</p><p>ORDERED that the judgment is affirmed, with $25 costs. </p><p>Plaintiff Tam Medical Supply Corp. (Tam) commenced this action to recover assigned first-party no-fault benefits for supplies provided to its assignor as a result of injuries sustained in a motor vehicle accident on August 29, 2012. Defendant insurer (Kemper) commenced a declaratory judgment action in the Supreme Court, Bronx County, against Tam and its assignor, among others, seeking a declaration that Kemper has no obligation to pay any pending or future claims for no-fault benefits arising from an accident on August 29, 2012, and Kemper moved for summary judgment. By order dated April 11, 2016, the Supreme Court granted Kemper's motion, finding that Kemper was not obligated to pay the claims pertaining to the August 29, 2012 accident. </p><p>Thereafter, Tam moved in the Civil Court for summary judgment and Kemper cross-m<font color="FF0000">[*2]</font>oved in the Civil Court to dismiss the complaint on the ground that Tam's action is barred by virtue of the Supreme Court's order which granted summary judgment to Kemper. By order entered November 2, 2016, the Civil Court denied Tam's motion and granted Kemper's cross motion. Tam appeals from a judgment which was subsequently entered dismissing the complaint. </p><p>For the reasons stated in <i>Tam Med. Supply Corp., as Assignee of Robles, Daniel v Kemper Ins. Co.</i> (__ Misc 3d __, 2019 NY Slip Op _____ [appeal No. 2017-1167 Q C], decided herewith), the judgment is affirmed. </p><p>SIEGAL, J.P., PESCE and ELLIOT, JJ., concur.</p><br><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: August 09, 2019<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
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.                  

###### Nuclear Regulatory Commission

                    The                     **Federal Register**                     Notice for the ACRS meeting scheduled to be held on June 3-5, 2009, is being amended to notify the following:                

In accordance with Subsection 10(d) Public Law 92-463, it may be necessary to close portions of the meeting to discuss and protect information classified as proprietary to Mitsubishi Heavy Industries and its contractors pursuant to 5 U.S.C. 552b (c) (4).

                    The notice of this meeting was previously published in the                     **Federal Register**                     on Monday, May 18, 2009 [74 FR 23222-23224]. All other items remain the same as previously published.                

Further information regarding this meeting can be obtained by contacting Girija Shukla, Cognizant ACRS staff (301-415-6855), between 7:15 a.m. and 5 p.m., (ET).

Dated: May 27, 2009.

Andrew L. Bates,

Advisory Committee Management Officer.

[FR Doc. E9-12753 Filed 6-1-09; 8:45 am]

BILLING CODE 7590-01-P
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 Commerce

###### National Oceanic and Atmospheric Administration

          - RIN 0648-XM55

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice; issuance of permit amendment.

# SUMMARY:

Notice is hereby given that the NMFS National Marine Mammal Laboratory, Seattle, WA has been issued a minor amendment to Scientific Research Permit No. 782-1708-04.

# ADDRESSES:

The amendment and related documents are available for review upon written request or by appointment in the following office:

Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713-2289; fax (301)427-2521.

# FOR FURTHER INFORMATION CONTACT:

Tammy Adams or Kate Swails, (301)713-2289.

# SUPPLEMENTARY INFORMATION:

                    The requested amendment has been granted under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361*et seq.*) and the regulations governing the taking and importing of marine mammals (50 CFR part 216).                

                    The original permit (No. 782-1708), issued on August 23, 2003 (68 FR 53967) and valid through December 31, 2008, authorized research on northern fur seals (                    *Callorhinus ursinus*) of the San Miguel Islands Stock at San Miguel Island, California, and of the Eastern North Pacific Stock at Bogoslof Island and the Pribilof Islands in Alaska. The permit was subsequently amended four times to modify methods and take numbers. The minor amendment (No. 782-1708-05) extends the duration of the permit through December 31, 2009, and does not change any other terms or conditions of the permit.                

Dated: January 2, 2009.

P. Michael Payne,

Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. E9-124 Filed 1-7-09; 8:45 am]

BILLING CODE 3510-22-S
#### The People of the State of New York, Respondent, v Johnny Cannon, Appellant.

[978 NYS2d 707]

Appeal from a judg*1382ment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered May 3, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed. Present — Centra, J.E, Feradotto, Garni, Bindley and Valentino, JJ.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6948

DANIEL THOMAS LANAHAN, 

Plaintiff - Appellant, 

v. 

CLIFTON T. PERKINS HOSPITAL CENTER; DR. KHLID EL SAYED; DR. 

KOWAN; DR. HELSEL, 

Defendants - Appellees. 

Appeal from the United States District Court for the District of 

Maryland, at Baltimore. J. Frederick Motz, Senior District 

Judge. (1:15-cv-02512-JFM) 

Submitted: August 25, 2016 Decided: August 30, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges. 

Remanded by unpublished per curiam opinion. 

Daniel Thomas Lanahan, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit. 
2

PER CURIAM: 

Daniel Thomas Lanahan seeks to appeal the district court’s 

order dismissing his 28 U.S.C. § 2241 (2012) petition* without 

prejudice for lack of exhaustion. The notice of appeal was 

received in the district court after expiration of the appeal 

period. Because Lanahan is confined in a Maryland institution 

responsible for evaluating the competency of criminal defendants 

to stand trial, his notice of appeal is considered filed as of 

the date it was deposited in the institution’s internal mailing 

system. See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 

266, 276 (1988); Jones v. Blanas, 393 F.3d 918, 926-27 (9th Cir. 

2004) (explaining that the mailbox rule embodied in Rule 4(c) 

“applies broadly to any inmate confined in an institution” and 

that there are “no express limitation[s] of the rule’s 

application to prisoners, or to penal institutions” (internal 

quotation marks omitted)). The record does not reveal when 

Lanahan gave his notice of appeal to institution officials for 

mailing. Accordingly, we remand the case for the limited 

purpose of allowing the district court to obtain this 

information from the parties and to determine whether the filing 

was timely under Fed. R. App. P. 4(c). The record, as 

 * The district court construed Lanahan’s civil complaint as 

seeking relief under 28 U.S.C. § 2241. 
3

supplemented, will then be returned to this court for further 

consideration. 

REMANDED