alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gary D. HATCHER, Plaintiff-Appellant, v. UNITED STATES of America, Department of Health and Human Services, Defendant—Appellee.

No. 06-15326.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Dec. 7, 2007.

Filed Dec. 26, 2007.

David R. Jenkins, Esq., David R. Jenkins, PC, Fresno, CA, for Plaintiff-Appellant.

Office of the U.S. Attorney, Sacramento, CA, for Defendant-Appellee.

Before: FARRIS, BEEZER, and THOMAS, Circuit Judges.

MEMORANDUM *

Gary D. Hatcher appeals the district court’s affirmance of the bankruptcy court’s denial of discharge of indebtedness of his National Health Service Corps scholarship debt. Hatcher seeks relief under 42 U.S.C. § 254o(d)(3)(A), arguing that nondischarge of his indebtedness is unconscionable. We review de novo the “district court’s decision on appeal from a bankruptcy court, and afford no deference to the prior decision of the district court.” *In re Rains,*428 F.3d 893, 900 (9th Cir. 2005). We review the bankruptcy court’s findings of fact for clear error, *id.,*and have jurisdiction under 28 U.S.C. § 1291. We affirm.

Nothing in the record supports Hatch-er’s contention that nondischarge of this debt would be unconscionable. *See*42 U.S.C. § 254o(d)(3)(A). Hatcher has failed *9repeatedly to satisfy his obligations under the National Health Service Corps Scholarship that he received in 1980. Hatcher defaulted on his loans and lost an appeal for relief. In spite of this, the Department of Health and Human Services offered him the chance to work off his indebtedness. *See, United States v. Hatcher,*922 F.2d 1402 (9th Cir.1991). Hatcher then failed to work off the full balance of his debt. Despite this, the Department of Health and Human Services again offered Hatch-er the opportunity to work off the balance of his debt. Hatcher declined the offer. Hatcher’s argument lacks a factual basis.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
---

CERTIFICATION

I, Theodore Tomasovich, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Beartooth Platinum
    Corporation (formerly Idaho Consolidated Metals Corp.); and
2. Based on my knowledge, this quarterly 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 quarterly
    report.

|Date | October 23, 2003 | By | /s/ Theodore Tomasovich
|---- | ---------------- | -- | -------------------------
|     |                  |    | Theodore Tomasovich      
|     |                  |    | President and Chief      
|     |                  |    | Executive Officer        

---
Exhibit 23

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by
reference in the Registration Statement on Form S-3 (Nos. 333-80747 and 333-87586), Form S-4 (No. 333-102123), and Form S-8 (Nos. 333-81197, 333-90780, 333-63624, 333-25531 and 333-124270) of Chittenden Corporation of our report dated
February 26, 2007 relating to the financial statements, managements assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial reporting, which appears in this
Form 10-K.

LOGO

PricewaterhouseCoopers LLP

Montpelier, VT

February 26, 2007
II 

114TH CONGRESS 

1ST SESSION S. 468 

To provide a categorical exclusion under the National Environmental Policy 

Act of 1969 to allow the Director of the Bureau of Land Management 

and the Chief of the Forest Service to remove Pinyon-Juniper trees 

to conserve and restore the habitat of the greater sage-grouse and the 

mule deer. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2015 

Mr. HATCH introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To provide a categorical exclusion under the National Environmental Policy Act of 1969 to allow the Director of 

the Bureau of Land Management and the Chief of the 

Forest Service to remove Pinyon-Juniper trees to conserve and restore the habitat of the greater sage-grouse 

and the mule deer. 

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 ‘‘Sage-Grouse and Mule 

5 Deer Habitat Conservation and Restoration Act of 2015’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 468 IS

1 SEC. 2. CATEGORICAL EXCLUSION FOR PINYON-JUNIPER 

2 TREE REMOVAL. 

3 Notwithstanding any other provision of law, a vegeta4 tion management project by the Director of the Bureau 

5 of Land Management or the Chief of the Forest Service 

6 involving removal or treatment of any Pinyon or Juniper 

7 tree for the purpose of conserving or restoring the habitat 

8 of the greater sage-grouse or mule deer shall be eligible 

9 to be a categorical exclusion (as defined in section 1508.4 

10 of title 40, Code of Federal Regulations (or a successor 

11 regulation)) for purposes of the National Environmental 

12 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Exhibit 21.1



WISCONSIN ELECTRIC POWER COMPANY
SUBSIDIARIES AS OF DECEMBER 31, 2009

The following table includes the subsidiaries of Wisconsin Electric Power Company, an electric, gas and steam utility incorporated in the state of Wisconsin, as well as the percent of ownership, as of December 31, 2009.  Wisconsin Electric is a wholly-owned subsidiary of Wisconsin Energy Corporation.



|Subsidiary (a)                    | State of
Incorporationor Organization | PercentOwnership
|--------------------------------- | ------------------------------------- | ----------------
|                                  |                                       |                 
|ATC Management Inc.               | Wisconsin                             | 26.24%          
|American Transmission Company LLC | Wisconsin                             | 23.04%          
|Bostco LLC                        | Wisconsin                             | 100%            



|(a) | Omits the names of certain subsidiaries, which if considered in the aggregate as a single subsidiary, would not constitute a "significant subsidiary" as of December 31, 2009.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Exhibit 21.1

                             WINN-DIXIE STORES, INC.

                           SUBSIDIARIES OF REGISTRANT



         The Registrant (Winn-Dixie Stores, Inc.) has no parents.

         The following list includes all of the  subsidiaries  of the Registrant
except fifteen  wholly-owned  inactive  domestic  subsidiaries of the Registrant
and/or its subsidiaries.

         All of the  subsidiaries  listed below are included in the Consolidated
Financial  Statements.  The Consolidated  Financial  Statements also include the
fifteen presently inactive domestic subsidiaries mentioned above.

         Each of the following  subsidiaries  is owned by the Registrant  except
that two  subsidiaries,  the  names  of which  are  indented,  are  owned by the
subsidiary  named  immediately  above each  indentation.  All  subsidiaries  are
wholly-owned   except  for  Bahamas   Supermarkets   Limited,   which  is  owned
approximately 78% by W-D (Bahamas) Limited.

         Subsidiary                                    State of Incorporation
  Astor Products, Inc.                                          Florida
  Deep South Products, Inc.                                     Florida
  Dixie Packers, Inc.                                           Florida
  Fairway Food Stores Co., Inc.                                 Florida
  Monterey Canning Co.                                          California
  Save Rite Foods, Inc.                                         Florida
  W-D (Bahamas) Limited                                         Bahama Islands
    Bahamas Supermarkets Limited                                Bahama Islands
      The City Meat Markets Limited                             Bahama Islands
  WD Brand Prestige Steaks, Inc.                                Florida
  Winn-Dixie Atlanta, Inc.                                      Florida
  Winn-Dixie Charlotte, Inc.                                    Florida
  Winn-Dixie Louisiana, Inc.                                    Florida
  Winn-Dixie Midwest, Inc.                                      Florida
  Winn-Dixie Montgomery, Inc.                                   Kentucky
  Winn-Dixie Raleigh, Inc.                                      Florida
  Winn-Dixie Texas, Inc.                                        Texas
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

As independent public accountants, we hereby consent to the incorporation by
reference in this Annual Report on Form 10-K of The Ziegler Companies, Inc. of
our report dated February 11, 2000, included in the 1999 Annual Report to
Shareholders of The Ziegler Companies, Inc.

We also consent to the incorporation by reference in the Registration Statement
(Form S-8, No. 33-39543) of The Ziegler Companies, Inc. and related Prospectus
pertaining to The Ziegler Company, Inc.'s 1989 Employees' Stock Purchase Plan,
in the Registration Statement (Form S-8, No. 33-74636) of The Ziegler Companies,
Inc. and related Prospectus pertaining to The Ziegler Companies, Inc. 1993
Employees' Stock Incentive Plan and in the Registration Statement and related
Prospectus pertaining to certain plans of The Ziegler Companies, Inc. on Form
S-8 filed March 29, 2000 (Form S-8, No. 333-33476), of our report dated
February 11, 2000, with respect to the financial statements of The Ziegler
Companies, Inc. incorporated by reference in the Annual Report (Form 10-K)
for the year ended December 31, 1999.

We also consent to the incorporation by reference in the Registration Statement
(Form S-3, No. 33-42723) of Ziegler Collateralized Securities, Inc. and related
Prospectus of our report dated February 11, 2000, with respect to the financial
statements of The Ziegler Companies, Inc., incorporated by reference in this
Annual Report (Form 10-K) for the year ended December 31, 1999.

/s/ ARTHUR ANDERSEN LLP
ARTHUR ANDERSEN LLP

Milwaukee, Wisconsin
March 30, 2000
Exhibit
      32.1














CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AND
      EXCHANGE ACT RULE 13a-14(b)





In
      connection with the accompanying Form 10-Q (the “Report”) of Express Scripts,
      Inc. (the “Company”) for the period ended June 30, 2006, I, George Paz,
      Chairman, President and Chief Executive Officer of the Company, certify, to
      the
      best of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906
      of the Sarbanes-Oxley Act of 2002, and Exchange Act Rule 13a-14(b)
      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.











BY:
      /s/ George
      Paz


George
      Paz


Chairman,
      President and


Chief
      Executive Officer


Express
      Scripts, Inc.





Date:  July
      26,
      2006





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Express Scripts, Inc. and will be retained by Express Scripts, Inc. and
      furnished to the Securities and Exchange Commission or its staff upon
      request.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7219

BRANDON MICHAEL PICKENS , Plaintiff

- Appellant ,

v. ROBERT C. LEWIS; W. DAVID GUICE; SCOTLAND COUNTY/MUNICIPALITY/LAURINBURG, NC; SORRELL SAUNDERS; NAKISHA PARRISH; NORTH CAROLINA PRISON LEGAL SERVICES, INCORPORATED; INA HINTON , Defendants

- Appellees

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. Loretta C. Biggs, District Judge. ( 1:16

- cv
- 013 58

- LCB

- JLW )

Submitted : January 30, 2018 Decided: February 2, 2018

Before MOTZ and KEENAN , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Affirmed by un published per curiam opinion

.
Brandon Michael Pickens, Appellant Pro Se. Thomas Matthew Wood w ard, Assistant Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina; Bradley O. Wood, WOMBLE BOND DICKINSON (US) LLP, Winston

Salem, North Carolina; Mark Russell Sigmon, SIGMON LAW, PLLC, Raleigh, North Carolina, for Appellees.2 Unpublished opinions are not binding precedent in this circuit.3 PER CURIAM:
Brandon Michael Pickens appeals the district court’s order accepting the recommendation of the magistrate judge to grant Defendants’ motions to dismiss and dismissing Pickens’ 42 U.S.C. § 1983 (2012) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district

court. See Pickens v. Lewis , No. 1:16

- cv
- 0 1358

- LCB

- JLW (M.D.N.C. Aug. 30 , 201 7 ).
We dis pense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional
process.
AFFIRMED
II 

114TH CONGRESS 

1ST SESSION S. 619 

To include among the principal trade negotiating objectives of the United 

States regarding commercial partnerships trade negotiating objectives 

with respect to discouraging activity that discourages, penalizes, or otherwise limits commercial relations with Israel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 2, 2015 

Mr. CARDIN (for himself and Mr. PORTMAN) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To include among the principal trade negotiating objectives 

of the United States regarding commercial partnerships 

trade negotiating objectives with respect to discouraging 

activity that discourages, penalizes, or otherwise limits 

commercial relations with Israel, 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 ‘‘United States-Israel 

5 Trade Enhancement Act of 2015’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•S 619 IS

1 SEC. 2. CONSIDERATION OF TRADE WITH ISRAEL AMONG 

2 PRINCIPAL TRADE NEGOTIATING OBJEC3 TIVES OF THE UNITED STATES FOR TRADE 

4 AGREEMENTS REGARDING COMMERCIAL 

5 PARTNERSHIPS. 

6 (a) COMMERCIAL PARTNERSHIPS.—Among the prin7 cipal trade negotiating objectives of the United States for 

8 trade agreements regarding commercial partnerships are 

9 the following: 

10 (1) To discourage actions that directly or indi11 rectly prejudice or otherwise discourage commercial 

12 activity solely between the United States and Israel. 

13 (2) To discourage politically motivated actions 

14 by foreign countries, non-member states of the 

15 United Nations, international organizations, and af16 filiated agencies of international organizations, that 

17 are intended to penalize or otherwise limit commer18 cial relations specifically with— 

19 (A) Israel; 

20 (B) persons doing business in Israel or in 

21 territories controlled by Israel; or 

22 (C) successor entities to persons described 

23 in subparagraph (B). 

24 (3) To seek the elimination of politically moti25 vated nontariff barriers on goods, services, or other 

26 commerce from Israel. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•S 619 IS

1 (4) To seek the elimination of any boycott fos2 tered or imposed by a foreign country against Israel. 

3 (5) To discourage compliance with the boycott 

4 of Israel by the Arab League. 

5 (b) EFFECTIVE DATE.—This section applies with re6 spect to any negotiation for a trade agreement commenced 

7 before, on, or after the date of the enactment of this Act. 

8 (c) PERSON DEFINED.—In this section: 

9 (1) IN GENERAL.—The term ‘‘person’’ means 

10 an individual or entity, including a governmental en11 tity operating as a business enterprise. 

12 (2) APPLICATION TO GOVERNMENTAL ENTI13 TIES.—The term ‘‘person’’ does not include a gov14 ernment or governmental entity that is not operating 

15 as a business enterprise. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Advance copies of this statement are made available to the press 

under lock-up conditions with the explicit understanding that 

the data are embargoed until 8:30 a.m. Eastern Daylight Time. 

Statement of 

Keith Hall 

Commissioner 

Bureau of Labor Statistics 

Friday, June 4, 2010

Nonfarm payroll employment rose by 431,000 in May, 

reflecting the hiring of 411,000 temporary workers for Census 

2010. The unemployment rate edged down to 9.7 percent. 

Private-sector employment showed little change over the month 

(+41,000) but has increased by 495,000 since December. 

Manufacturing employment continued to rise, with a gain of 

29,000 in May. The industry has added 126,000 jobs thus far in 

2010. Employment growth also continued in temporary help 

services. A gain of 31,000 jobs in May was in line with the 

average increase over the prior 3 months. Mining employment 

increased by 10,000 in May; this industry has added 50,000 jobs 

since October. 

Federal government employment rose sharply in May, 

reflecting the addition of 411,000 temporary workers for Census 

2010. Total temporary census staffing was 564,000 during the 
2 

May survey reference period. Employment in state government 

excluding education decreased by 13,000. 

Employment in health care changed little (+8,000) in May. 

The industry had added 20,000 jobs per month on average over the 

prior 12 months. Construction employment fell by 35,000 in May, 

largely offsetting 2 months of gains. May's decline was spread 

throughout the sector. Employment in other major industries 

showed little or no change. 

Average hourly earnings of all employees on private nonfarm 

payrolls rose by 7 cents in May to $22.57. Over the past 12 

months, average hourly earnings have increased by 1.9 percent. 

From April 2009 to April 2010, the Consumer Price Index for All 

Urban Consumers (CPI-U) rose by 2.2 percent. 

Turning to measures from the survey of households, the 

unemployment rate edged down to 9.7 percent in May, while the 

number of unemployed was little changed at 15.0 million. The 

rate had been 9.7 percent in the first 3 months of the year 

before ticking up to 9.9 percent in April. In May, 6.8 million 

people had been jobless for 27 weeks or more. These long-term 

unemployed made up 46.0 percent of all unemployed persons, 

essentially the same as in April. 

The employment-population ratio was about unchanged at 58.7 

percent in May. Among the employed, the number of individuals 
3 

working part time who preferred full-time work fell from 9.2 to 

8.8 million. 

In summary, private-sector payroll employment was little 

changed in May, although there was a large increase in 

government employment due to temporary census hiring. The 

jobless rate returned to 9.7 percent.
IN THE SUPREME COURT OF THE STATE OF NEVADA

GRAVADY NEVADA, LLC, A NEVADA LIMITED LIABILITY COMPANY; AND CIRCUSTRIX, LLC, A UTAH LIMITED LIABILITY COMPANY, Petitioners,

VS. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE NADIA KRALL, DISTRICT JUDGE, Respondents, and JESUS MEJIA, AN INDIVIDUAL, Real Party in Interest. No. 84534



# FILED

JUN 1 7 2022

ELIZABETH A. BROWN CLERitF RENE COURT BY DEPUTY CLERK

ORDER DENYING PETITION This original petition for a writ of mandamus challenges a district court order denying a motion for summary judgment in a tort action.

Having considered the petition and its supporting documents, we are not persuaded that writ relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted). Mandamus is an extraordinary remedy and whether to consider a petition seeking such relief is within this court's sole discretion. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). We generally decline to exercise that discretion as to petitions challenging orders denying summary judgment motions, and we are not convinced that any of the exceptions for doing so apply in this case.

eV.- 19 2ogSee Smith v. Eighth Judicial Dist. Court, 113 Nev. 1343, 1344-45, 950 P.2d

280, 281 (1997) (discussing the exceptions to the general rule). We therefore

ORDER the petition DENIED.'

.J.

P rraguirre

cc: Hon. Nadia Krall, District Judge Wood, Smith, Henning & Berman, LLP/Las Vegas Bighorn Law/Las Vegas Eighth District Court Clerk

1 The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA 2 (0) 1947A 404,4
First Amendment to Employment Agreement for John J. Limbert



 EXHIBIT 10.11 
 FIRST AMENDMENT TO THE EMPLOYMENT AGREEMENT 
 This First Amendment to the Employment Agreement by and
among NB&T Financial Group, Inc., a bank holding company incorporated under the laws of the State of Ohio (“HOLDING COMPANY”), The National Bank and Trust Company, a national banking association and a wholly-owned subsidiary of HOLDING
COMPANY (“BANK”), and John J. Limbert, an individual (“EMPLOYEE”), is effective December 16, 2008. 
 WITNESSETH:

 WHEREAS, the parties entered into an Employment Agreement as of November 20, 2007; and 
 WHEREAS, pursuant to Section 13 of the Employment Agreement, the parties desire to amend the Employment Agreement to make certain changes necessary
under Section 409A of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations promulgated thereunder. 
 NOW,
THEREFORE, the parties hereby amend the Employment Agreement effective as of the date first written above as follows: 
 1. The following subsection
(f) is hereby added to the end of Section 4(a)(B)(1) of the Employment Agreement: 
 (f) Notwithstanding the foregoing, no amounts
will be distributed pursuant to this Section 4(a)(B)(1) with respect to the termination of employment of the EMPLOYEE without JUST CAUSE by the EMPLOYERS within six months prior to the occurrence of a CHANGE OF CONTROL unless the events or
actions giving rise to the CHANGE OF CONTROL also constitute a “change of control event” under Section 409A of the CODE and Treasury Regulation §1.409A3(i)(5). 
 2. The last sentence of Section 4(d)(ii) of the Employment Agreement is hereby deleted in its entirety and the following is substituted therefor: 
 Any reduction pursuant to this Section 4(d)(ii) shall be first applied against amounts that are not subject to Section 409A of the CODE and,
thereafter, shall be applied against all remaining amounts subject to Section 409A of the CODE on a pro rata basis. 
 IN WITNESS
WHEREOF, the HOLDING COMPANY and the BANK have caused this First Amendment to be executed by their duly authorized officers and the EMPLOYEE has signed this First Amendment, each as of the day and year first above written. 
  

			
	NB&T FINANCIAL GROUP, INC.
		
	By	 	 
		
	Its	 	 


  

			
	
	THE NATIONAL BANK AND TRUST COMPANY
		
	By	 	 
		
	Its	 	 


  

	
	
	  
	John J. Limbert


  

 79