alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### *In re*Burt.

*(District Court, N. D. New York.*

May 20, 1886.)

1. Bankruptcy—Assignee’s Commission—Retention op Funds.

The assignee may retain from the funds in his hands the amount of fees and commissions earned; hut cannot retain a sum to meet any additional allowance the court may see fit to grant.

2. Same—Deposit in Bank—Loss op Interest.

Where the assignee fails to deposit moneys received in hank, he is liable to the estate for any interest lost through such failure.

In Bankruptcy.

In May or June, 1884, the assignee received, on account of the estate, $5,478. On the fifteenth of October, 1884, he deposited $4,563 in the bank designated by the court. At tho third meeting of creditors the amount received by him in excess of the sum so deposited was ascertained to be $995, and the amount due him for commissions, etc., was adjusted at $419. The creditors now move that the assignee be required to deposit $995, with interest at the bank rate of 3^ per cent, per annum; and also the interest upon $5,478 during the interval it remained in his hands. The motion is resisted upon the ground that the assignee was justified in retaining a sum sufficient to pay his commissions, the current expenses of the trust, and any additional allowance which the court might see fit to grant.

*Elisha B. Powell,*for the motion.

*William Tiffany,*opposed.

Coxe, J.

The position of the assignee is not tenable. He could, "without impropriety, retain the amount of fees and commissions earned; but it was not permissible for him to appropriate several hundred dollars upon the supposition that the court might sometime in the future award an extra allowance for his services. Care has been taken in the selection of suitable depositories in which all moneys received by assignees in bankruptcy shall be deposited. The only prudent course, therefore, is for the assignee to follow the rules laid down for his guidance. The proposition that the sum retained was needed for current expenses is sufficiently answered by the undisputed allegation that it has not been so used, but, on the contrary, the expenses of the trust have been uniformly paid from the funds in the bsvjk.

The proof fails to show bad faith upon the part of the assignee. It does show, however, that the creditors have lost a certain amount of interest by reason of his action. The estate, and not the assignee, *549is entitled to what the fund can earn. It follows that the assignee should forthwith deposit in the First National Bank of Oswego, New York, the sum of $576, with interest thereon at the rate of 3J per cent, per annum from the fifteenth of October, 1884; also interest upon $5,478 from the date of its reception by him until October 15, 1884. There being some dispute between the parties as to dates, etc., the computation may take place under the supervision of the register in charge, to whom it is referred for that purpose.
#### UNITED STATES of America, Plaintiff-Appellee, v. Miguel Angel GARIBAY, Defendant-Appellant.

No. 11-50378.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 5, 2012.*

Filed Dec. 20, 2012.

James Peter Melendres, Assistant U.S., Bruce R. Castetter, Assistant U.S., Office of the U.S. Attorney, San Diego, CA, for Plaintiff-Appellee.

Jami Lynn Ferrara, Law Office of Jami L. Ferrara, San Diego, CA, for Defendant-Appellant.

*693Before: WARDLAW, BEA, and N.R. SMITH, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Miguel Angel Garibay appeals his conviction following a conditional guilty plea to charges related to possession of raeth-amphetamine with the intent to distribute, in violation of 21 U.S.C. § 841. We affirm.

The Border Patrol Agents’ decision to detain Garibay was supported by reasonable suspicion to believe that Garibay was engaged in criminal activity. *See United States v. Arvizu,*584 U.S. 266, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002). Agent Ballow, whom the district court found credible, testified that he relied on the following factors in deciding to approach and stop Garibay: (1) the presence of Garibay’s vehicle in an area known for drug smuggling, near the border, and at a gas station located at the last exit before a Border Patrol checkpoint; (2) the vehicle’s clean and empty appearance, with Mexican license plates; (3) the information from the records cheek, which included numerous instances of the vehicle entering the United States and being sent to secondary inspection, and at least once due to the nervous behavior of its driver; (4) Garibay’s attempt to pay for an energy drink with a $100 bill and not possessing any smaller bills; (5) Garibay’s answer of “no” to the question of whether Garibay or the car had entered the United States recently; and (6) the inconsistency between Garibay’s name and the name of the individual who had driven the vehicle across the border hours earlier. These factors gave rise to a reasonable suspicion to detain Garibay. *United States v. Berber-Tinoco,*510 F.3d 1083, 1087 (9th Cir.2007).

Further, Garibay’s 23 minute detention was not impermissibly long. The Agents acted sufficiently diligently in searching Garibay’s vehicle to comply with the Fourth Amendment. *See United States v. Villasenor,*608 F.3d 467 (9th Cir.2010) (45 minute wait for drug detection dog acceptable).

Finally, Garibay’s detention did not ripen into an arrest. Garibay was detained for a short period of time and was free to sit in or stand by the car throughout the detention. *See United States v. Rousseau,*257 F.3d 925, 929 (9th Cir.2001) (evaluating length and intrusiveness of stop to determine whether it has ripened into an arrest). We note that Garibay does not challenge the search of his vehicle.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
[Federal Register Volume 74, Number 141 (Friday, July 24, 2009)]
[Notices]
[Page 36726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17453]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Eye Institute; Notice of Closed Meetings

    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 
meetings.
    The meetings will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, 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 Eye Institute Special Emphasis Panel 
NEI SBIR Grant Review.
    Date: August 3, 2009.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Embassy Suites Hotel Chevy Chase Pavilion, 4300 Military 
Road, NW., Washington, DC 20015.
    Contact Person: Samuel Rawlings, Ph.D., Chief, Scientific Review 
Branch, Division of Extramural Research, National Eye Institute, 
5635 Fishers Lane, Suite 1300, MSC 9300, Bethesda, MD 20892-9300. 
301-451-2020. <a href="/cdn-cgi/l/email-protection#acdecddbc0c5c2cbdfecc2c9c582c2c5c482cbc3da"><span class="__cf_email__" data-cfemail="86f4e7f1eaefe8e1f5c6e8e3efa8e8efeea8e1e9f0">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

    Name of Committee: National Eye Institute Special Emphasis Panel 
Review NIH Training Grants.
    Date: August 10, 2009.
    Time: 8:30 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: The Fairmont Washington, DC, 2401 M Street, NW., 
Washington, DC 20037.
    Contact Person: Daniel R. Kenshalo, Ph.D., Scientific Review 
Officer, National Eye Institute, National Institutes of Health, 5635 
Fishers Lane, Suite 1300, MSC 9300, Bethesda, MD 20892. 301-451-
2020. <a href="/cdn-cgi/l/email-protection#79121c170a111815161d39171c1057171011571e160f"><span class="__cf_email__" data-cfemail="e388868d908b828f8c87a38d868acd8d8a8bcd848c95">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.867, 
Vision Research, National Institutes of Health, HHS)

    Dated: July 16, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-17453 Filed 7-23-09; 8:45 am]
BILLING CODE 4140-01-M


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# 2017-DAFWgrp-part

&8page &P of &N
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          17,869
<SECURITIES>                                         0
<RECEIVABLES>                                   85,468
<ALLOWANCES>                                         0
<INVENTORY>                                  6,573,291
<CURRENT-ASSETS>                             6,676,628
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               6,676,628
<CURRENT-LIABILITIES>                          365,267
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   6,311,361
<TOTAL-LIABILITY-AND-EQUITY>                 6,676,628
<SALES>                                              0
<TOTAL-REVENUES>                                 1,686
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,686
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,686
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,686
<EPS-PRIMARY>                                     0.16
<EPS-DILUTED>                                     0.16
        

</TABLE>
2

3

4

5

6

7

8

1970 1973 1976 1979 1982 1985 1988 1991 1994 1997 2000 2003 2006

2

3

4

5

6

7

8

Women

Chart 3-2. About 1 in 20 workers has more than one job

Total

Men

Women

Percent

NOTE: Data are for May of each year. Beginning in 1994, data reflect the introduction of a major redesign of the Current 

Population Survey. Comprehensive surveys of multiple jobholders were not conducted in 1981-84, 1986-88, 1990, and 1992-93.

SOURCE: Bureau of Labor Statistics

Men

Chart 3-2. About 1 in 20 workers has more than one job

• In May 2006, about 7.6 million workers held more than one job, representing 

5.3 percent of all employed persons. 

• For women, the multiple jobholding rate rose markedly from 1970 through the 

end of the 1980s, while the rate for men changed little over this period. For 

the last several years, women have been somewhat more likely than men to 

work more than one job.
[Federal Register Volume 74, Number 17 (Wednesday, January 28, 2009)]
[Notices]
[Page 4955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1759]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EF09-5031-000]


Western Area Power Administration; Notice of Filing

January 21, 2009.
    Take notice that on January 12, 2009, the Acting Deputy Secretary, 
U.S. Department of Energy, pursuant to the authority vested by 
Delegation Order No. 00-037.00, submitted for confirmation and approval 
on a final basis effective February 1, 2009 and ending December 31, 
2013, proposed firm power rate adjustment for the Pick-Sloan Missouri 
Basin Program, Rate Schedules P-SED-F10 and P-SED-FP-10 under Rate 
Order No. WAPA-140.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. On or 
before the comment date, it is not necessary to serve motions to 
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible online at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#e7a1a2b5a4a8898b8e8982b4929797889593a781829584c9808891"><span class="__cf_email__" data-cfemail="195f5c4b5a56777570777c4a6c6969766b6d597f7c6b7a377e766f">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on February 11, 2009.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-1759 Filed 1-27-09; 8:45 am]
BILLING CODE 6717-01-P


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Exhibit 23 (j)

                       CONSENT OF INDEPENDENT ACCOUNTANTS


We  hereby  consent  to the  incorporation  by  reference  in the  Statement  of
Additional Information  constituting parts of this Post-Effective  Amendment No.
28 to the registration statement on Form N-1A (the "Registration  Statement") of
our  report  dated  May 15,  1998,  relating  to the  financial  statements  and
financial  highlights  appearing in the April 30, 1998 Annual  Report of The AAL
U.S.  Government  Zero Coupon Target Fund,  Series 2001 and The U.S.  Government
Zero Coupon Target Fund, Series 2006 (two of the funds comprising The AAL Mutual
Funds),   which  are  also  incorporated  by  reference  into  the  Registration
Statement. We also consent to the references to us under the headings "Financial
Highlights" in the Prospectus and under the heading "Other Service Providers" in
the Statement of Additional Information.


/s/ Price Waterhouse  LLP

Price Waterhouse LLP
Milwaukee, Wisconsin
June 23, 1998
<PAGE>

                                                                    EXHIBIT 99.1

                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Matritech, Inc. (the "Company") on
Form 10-Q for the period ending June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Stephen D. Chubb,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350,
as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:

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

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


/s/ Stephen D. Chubb

Stephen D. Chubb
Chief Executive Officer
August 13, 2002
<page>

Exhibit 32.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Form 10-QSB of DirectView, Inc. (the "Company") on Form
10-QSB/A for the quarter ending March 31, 2005, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michele Ralston,
Acting Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that, to the best of my knowledge and belief:


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

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




/s/Michele Ralston
Michele Ralston
Acting Chief Financial Officer
December 9, 2005

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
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.
CERTIFICATION OF
                          CHIEF EXECUTIVE OFFICER AND
                            CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In  connection   with  the   accompanying   Yearly  Report  on  Form  10-KSB  of
Transcendent,  Inc. for the year ending  December 31, 2003, I, Rick  Plotnikoff,
Chief Executive Officer and Chief Financial Officer of Transcendent,Inc.  hereby
certify  pursuant to 18 U.S.C.  Section 1350, as adopted pursuant to section 906
of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

     1.   Such Year End Report of Form 10-KSB for the year ending December
          31, 2003, 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 such Yearly Report on Form 10-KSB for
          the year ended December 31, 2003 fairly represents in all material
          respects, the financial condition and results of operations of
          Transcendent, Inc.

Dated:    March 24, 2004

TRANSCENDENT, INC.


By:  /s/ Rick Plotnikoff
-----------------------------------------
Chief Executive Officer
Chief Financial Officer
**Exhibit 32.1**

 

**Certification ofChairman and Chief Executive Officer**

 

Pursuant to 18 U.S.C. § 1350,as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersignedofficer of Watson Pharmaceuticals, Inc. (the “Company”), hereby certifies, tosuch officer’s knowledge, that:

 

(i)                                     theaccompanying Quarterly Report on Form 10-Q of the Company for the quarter endedJune 30, 2003 (the “Report”) fully complies with the requirements of Section13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934,as amended; and

 

(ii)                                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 

Dated:             August 14, 2003

 
|   | By:    | **/s/ Allen Chao, Ph.D.**            |
|--------|--------|--------------------------------------|
|   |   | **Allen Chao, Ph.D.**                |
|   |   | Chairman and Chief Executive Officer |
|   |   | (Principal Executive Officer)        |

 

 

The foregoing certification is beingfurnished solely to accompany the Report pursuant to 18 U.S.C. § 1350, and isnot being filed for purposes of Section 18 of the Securities Exchange Act of1934, as amended, and is not to be incorporated by reference into any filing ofthe Company, whether made before or after the date hereof, regardless of anygeneral incorporation language in such filing.

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S REPORT ON FORM 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH REPORT.
</LEGEND>
<MULTIPLIER>1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           4,956
<SECURITIES>                                    14,296
<RECEIVABLES>                                    2,044
<ALLOWANCES>                                         0
<INVENTORY>                                      4,058
<CURRENT-ASSETS>                                26,586
<PP&E>                                          42,905
<DEPRECIATION>                                (11,997)
<TOTAL-ASSETS>                                  61,135
<CURRENT-LIABILITIES>                            9,201
<BONDS>                                         45,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                       1,488
<TOTAL-LIABILITY-AND-EQUITY>                    61,135
<SALES>                                          4,697
<TOTAL-REVENUES>                                 9,677
<CGS>                                            2,984
<TOTAL-COSTS>                                   50,860
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,202
<INCOME-PRETAX>                               (42,722)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (42,722)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (42,722)
<EPS-PRIMARY>                                   (3.14)
<EPS-DILUTED>                                   (3.14)
        

</TABLE>
SIXTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

Case No. 6D23-1685

Lower Tribunal No. 2021-CF-004602-A-O

_____________________________

JONATHAN CHRISTIAN SUAZOCANDIA,

Appellant, 

v.

STATE OF FLORIDA,

Appellee.

_____________________________

Appeal from the Circuit Court for Orange County.

Elaine A. Barbour, Judge.

March 5, 2024

PER CURIAM.

AFFIRMED.

NARDELLA, WOZNIAK and SMITH, JJ., concur.

Howard L. “Rex” Dimmig, II, Public Defender, and Nicholas Martino, Special 

Assistant Public Defender, Bartow, for Appellant. 

Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant 

Attorney General, Daytona Beach, for Appellee. 

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING 

AND DISPOSITION THEREOF IF TIMELY FILED