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

111TH CONGRESS 

1ST SESSION H. R. 3260 

To amend the Internal Revenue Code of 1986 to make the expensing of 

environmental remediation costs permanent law. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2009 

Mr. BECERRA (for himself and Mr. RYAN of Wisconsin) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to make 

the expensing of environmental remediation costs permanent law. 

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 ‘‘Brownfields Remedi5 ation Permanent Tax Incentive Act’’. 

6 SEC. 2. EXPENSING OF ENVIRONMENTAL REMEDIATION 

7 COSTS MADE PERMANENT. 

8 (a) PROVISION MADE PERMANENT.—Section 198 of 

9 the Internal Revenue Code of 1986 (relating to expensing 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 3260 IH

1 of environmental remediation costs) is amended by strik2 ing subsection (h). 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 this section shall apply to expenditures paid or incurred 

5 after December 31, 2009. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
Ex. 10.2 Assignment of PSA (Oasis)


EXHIBIT 10.2


ASSIGNMENT AND ASSUMPTION OF PURCHASE AGREEMENT




For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, STEADFAST ASSET HOLDINGS, INC., a California corporation (“Assignor”), hereby assigns to STAR OASIS, LLC, a Delaware limited liability company (“Assignee”), all of Assignor’s rights and obligations under and in regard to that certain Purchase and Sale Agreement and Joint Escrow Instructions dated  
September 9, 2014, (as may have been amended or may hereafter be amended, the “Purchase Agreement”), between Oasis Apartments, LLC, a Colorado limited liability company (“Seller”) and Assignor for the purchase and sale of that certain real property located in Colorado Springs, Colorado, as more particularly described in Exhibit A attached hereto (the “Property”).


Assignee hereby agrees to and shall assume, perform and be fully responsible for the performance of all of the obligations of Assignor under the Purchase Agreement.


All of the provisions, covenants and agreements contained in the Assignment shall extend to and be binding upon the respective legal representatives, successors and assigns of Assignor and Assignee.  This Assignment represents the entire agreement between Assignor and Assignee with respect to the subject matter of the Assignment, and all prior or contemporaneous agreements regarding such matters are hereby rendered null and void and of no force and effect. 


(SIGNATURES APPEAR ON FOLLOWING PAGE)












WITNESS THE EXECUTION HEREOF, as of this December 19, 2014.


	
	
	ASSIGNOR:

	 

	STEADFAST ASSET HOLDINGS, INC.,

	a California corporation



                	
		
	By:
	/s/ Ana Marie del Rio

	 
	Ana Marie del Rio, Vice President




                    


	
	
	ASSIGNEE:

	 

	STAR OASIS, LLC

	a Delaware limited liability company



        
	
		
	By:
	Steadfast Apartment Advisor, LLC, a

	 
	Delaware limited liability 

	 
	company, its Manager




        	
		
	By:
	/s/ Kevin J. Keating

	 
	Kevin J.  Keating, Treasurer






 
    
                            





















Exhibit A


DESCRIPTION OF THE LAND


Lot 1 in Grand Vista Filing No. 1, in the City of Colorado Springs, as per the plat thereof recorded May 6, 1996 at Reception No. 96054433, as amended by Corrected Surveyors Statement recorded November 30, 2005, at Reception No. 205191114, County of El Paso, State of Colorado.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

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

No. 97-51061 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EDWARD ABAYOMI OSHOBU, also known as Emmanuel Abayomi Oshobu, also known as Emmanuel Alex Oshobo, also known as Emmanuel Abay Oshobu, also known as Emmanuel A. Shobu, also known as Edward Oshobu, also known as Emanuel Oshobo, also known as Emmanuel Oshobu, also known as Yomi Oshobu, also known as Ed Oshobu, also known as Edward A. Oshobo, also known as A.O. Agayrnde, also known as Joseph Yorinde, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-96-CR-143-1

- - - - - - - - - - October 21, 1998 Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM: * Edward Abayomi Oshobu appeals his jury conviction for making a false claim of citizenship, contending that an oral statement regarding his citizenship should have been suppressed at trial. No motion to suppress was filed and any argument with respect thereto is waived.No. 97-51061 -2-
See United States v. Chavez-Valencia , 116 F.3d 127, 130 (5th Cir.), cert. denied, 118 S. Ct. 325 (1997); F ED . R. C RIM . P. 12(b)(3). The appeal is DISMISSED.
#### The People of the State of New York ex rel. Sandra Perez, on Behalf of Pablo Mayorga, Petitioner, v Warden of the New York City Department of Correction, Respondent.

[666 NYS2d 436]

—Writ of habeas corpus in the nature of an application to readmit Pablo Mayorga to bail upon Queens County Indictment No. 423-97.

Adjudged that the writ is sustained, without costs or disbursements, to the extent of reinstating the bail previously set and posted on Queens County Indictment No. 423-97 under *404the same conditions as were in existence at the time that Pablo Mayorga was remanded on November 25, 1997. Bracken, J. P., Thompson, Goldstein and Lerner, JJ., concur.
[No. 30657-7-III.

Division Three.

October 23, 2012.]

#### Venkataraman Sambasivan, *Appellant,*v. Kadlec Medical Center, *Respondent.*

Appeal from a judgment of the Superior Court for Benton County, No. 08-2-01534-1, Robert G. Swisher, J., entered May 26, 2011. *Affirmed in part, reversed in part,*and *remanded*by unpublished opinion per

Korsmo, C.J.,

concurred in by Sweeney and Kulik, JJ.
**EXHIBIT
      32.1**








CERTIFICATION
      OF PRINCIPAL EXECUTIVE OFFICER


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 accompanying Quarterly Report on Form 10-QSB of Quick-Med
      Technologies, Inc. (the "Company") for the fiscal quarter ended December 31,
      2006 as filed with the Securities and Exchange Commission on the date hereof
      (the "Report"), I, David S. Lerner, President and principal executive officer
      of
      the Company, hereby certify, pursuant Section 1350, Chapter 63 of Title 18,
      United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act
      of 2002, that to my knowledge:





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




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








Dated:
      February 14, 2007     /s/
      David S. Lerner ____________


David
      S.
      Lerner


President
      (and Principal Executive Officer)
#### David HOWELL, Plaintiff-Appellant, v. Officer C.L. BOOYER; Cumberland County Sheriffs Department, Defendants-Appellees.

No. 10-7195.

United States Court of Appeals, Fourth Circuit.

Submitted: March 17, 2011.

Decided: April 1, 2011.

David Howell, Appellant Pro Se. Ronnie Monroe Mitchell, Mitchell, Brewer, Richardson, Adams, Burge & Boughman, Fayetteville, North Carolina, for Appellee.

Before MOTZ and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Howell appeals the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Howell v. Booyer,*No. 5:09-ct-03043-FL, 2010 WL 3239072 (E.D.N.C. Aug. 16, 2010). 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.*
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. GABRIEL VAQUERA NAVA, Defendant - Appellant. No. 12-50270 D.C. No. 3:11-cr-01199-WQH-1
MEMORANDUM *

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding Submitted November 6, 2013 ** Pasadena, California Before: O’SCANNLAIN, GRABER, and BEA, Circuit Judges. Defendant Gabriel Vaquera Nava tim ely appeals his conviction for one count of being a deported alien found in th e United States, in violation of 8 U.S.C. § 1326(a) and (b). On appeal, Defendant challenges the district court’s denial of his motion to dismiss the indictment on the ground that the underlying deportation 

# FILED
NOV 08 2013 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes that this case is suitable for decision without oral argument. Fed. R. App. P. 34(a)(2).was invalid. Reviewing de novo, Un ited States v. Lopez-Velasquez , 629 F.3d 894, 896–97 (9th Cir. 2010) (en banc), we affirm. Defendant fails to demonstrate th at the removal order underlying his conviction was "fundamentally unfair" for purposes of 8 U.S.C. § 1326(d)(3). United States v. Cisneros-Resendiz , 656 F.3d 1015, 1018 (9th Cir. 2011). Assuming, without deciding, that the immigration judge’s ("IJ") duty to inform, under 8 C.F.R. § 1240.11(a)(2), includes such relief as withdrawal of an application for admission, Defendant has faile d to show prejudice, that is, that the IJ would have plausibly granted Defendant’s withdrawal. Cisneros-Resendiz , 656 F.3d at 1019. In particular, Defendant fa ils to establish that factors "directly relating to the issue of inadmissibility i ndicate that the granting of the withdrawal would be in the interest of justice." 8 C.F.R. § 1240.1(d); see In re Gutierrez , 19 I. & N. Dec. 562, 564–65 (B.I.A. 1988) (holding that equitable factors, such as lack of a criminal record and lawful permanent resident status, are not directly related to the issue of inadmissibility). The reco rd before the IJ included evidence that Defendant had attempted to enter the Unite d States on a false claim of citizenship and had engaged in intentional smuggling of a non-family member for compensation. In consideration of these factors, "it is not plausible that the IJ would have granted [Defendant] permi ssion to withdraw his application for
2admission." Cisneros-Resendiz , 656 F.3d at 1023. Accordingly, Defendant was not prejudiced by the IJ’s failure to info rm him of that relief, and Defendant’s underlying deportation order was not invalid . The district court did not err in denying Defendant’s motion to dismiss the indictment. AFFIRMED.

3
#### The People of the State of New York, Respondent, v Wayne Watson, Appellant.

[666 NYS2d 451]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered June 19,1995, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree (two counts), and criminal use of drug paraphernalia in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements as well as physical evidence.

Ordered that the judgment is affirmed.

The hearing court’s determinations as to credibility are afforded great weight on appeal and should not be disturbed unless clearly unsupported by the evidence *(see, People v Prochilo,*41 NY2d 759). As the hearing court’s determination was supported by the record, we will not disturb it on appeal. Mangano, P. J., Copertino, Krausman and McGinity, JJ., concur.
Exhibit 23.1

Consent of Independent Registered Public Accounting Firm

The
Board of Directors
Alderwoods Group, Inc.

We
consent to the incorporation by reference in the Registration Statements No. 333-85466 and No. 333-85474 on Form S-8 and the Registration Statement No. 333-85316 on Form S-3,
of Alderwoods Group, Inc., of our report dated March 24, 2005, with respect to the consolidated balance sheets of Alderwoods Group, Inc. as at January 1, 2005,
January 3, 2004 and December 28, 2002, and the related consolidated statements of operations, stockholders' equity and cash flows for the fifty-two weeks ended January 1, 2005,
fifty-three weeks ended January 3, 2004 and the fifty-two weeks ended December 28, 2002, and the related financial statement schedule, which report appears in the January 1, 2005,
annual report on Form 10-K of Alderwoods Group, Inc. Our report refers to a change to the method of accounting for the recognition of interests in variable interest entities and for insurance
funded pre-need funeral contracts.

KPMG LLP (signed)

Vancouver,
Canada
March 24, 2005

---



QuickLinks
[Nos. 40695-1-II; 40705-1-II.

Division Two.

October 24, 2012.]

#### The State of Washington, *Respondent,*v. Natasha Ann Penland, *Appellant.*The State of Washington, *Respondent,*v. Reed Leroy Stone, *Appellant.*

Appeals from a judgment of the Superior Court for Pierce County, No. 09-1-02011-8, Linda CJ Lee, J., entered May 7, 2010 *.Affirmed in part, reversed in part,*and *remanded with instructions*by unpublished opinion per

Hunt, J.,

concurred in by Worswick, C.J., and Van Deren, J.
First Amendment to Officer Employment Agreement - Bradley J. Holiday


 EXHIBIT 10.44 
 FIRST AMENDMENT TO 
 OFFICER EMPLOYMENT AGREEMENT 
 This First Amendment to Officer Employment Agreement (“First Amendment”) is entered into effective April 1, 2007, by and between
Callaway Golf Company, a Delaware corporation (the “Company”) and Bradley J. Holiday (“Employee”). 
 A.
The Company and Employee are parties to that certain Officer Employment Agreement which expires on March 31, 2007 (the “Agreement”). 
 B. The Company and Employee desire to amend the Agreement pursuant to Section 10(b) of the Agreement. 
 NOW, THEREFORE, in
consideration of the foregoing and other consideration, the value and sufficiency of which are acknowledged, the Company and Employee agree as follows: 
 1. Term. Section 1 of the Agreement is amended to extend the termination date of the Agreement to April 30, 2008. 
 2. Compensation. Section 4(b) of the Agreement is amended to read: 
 “(b) Annual
Bonus. The Company shall provide Employee an opportunity to earn an annual bonus based upon participation in the Company’s applicable bonus plan as it may or may not exist from time to time. Employee’s bonus target percentage is sixty
percent (60%) of Employee’s annual base salary. Any annual bonus earned pursuant to an applicable bonus plan shall be payable in the first quarter of the following year.” 
 3. Global Change. At Sections 7(a), 7(c)(i), 7(c)(ii), 7(d), 7(l), and 9(b)(iv), the term “equity-based incentive awards” shall be
replaced with “long-term incentive compensation based awards”. 
 4. But for the amendments contained herein, and any other written
amendments properly executed by the parties, the Agreement shall otherwise remain unchanged. 
 IN WITNESS WHEREOF, the parties have executed
this First Amendment on the dates set forth below, to be effective as of the date first set forth above. 
  

							
	EMPLOYEE	 		 	COMPANY
			
		 		 	Callaway Golf Company,
		 		 	a Delaware corporation
				
	 /s/ Bradley J. Holiday
	 		 	By:	 	 /s/ Chris Carroll

	Bradley J. Holiday	 		 		 	Chris Carroll
		 		 		 	Senior Vice President, Human Resources
				
	Dated: 03/26/07	 		 		 	Dated: 03/12/07
September 8, 1970 

Hon. J. H. Kultgen 

Chairman, Board of Regents 

Texas State Technical Institute 

Waco, Texas 76705 

Dear Mr. Kultgen: 

Opinion No. M-681 

Re: Construction of a rider 

to the approp$iation to 

the Texas State Technical 

Institute concerning income derived from the 

sale, lease or other use 

of the Amarillo Air Force 

Base facilities. 

Your request for an opinion on the above subject matter 

asks the following question: 

"Should the term 'all income' in the second 

full paragraph on page 73 of Article IV of H.B. 2, 

Acts of the 61st Legislature, Second Called 

Session, 1969, be interpreted as 'net income' 

after reasonable and necessary expenditures are 

made?" 

House Bill 2, Acts 61st Legislature, 2nd C.S. 1969, p. 957, 

Ch. 50, (General Appropriation Act for the biennium ending August 

31, 1971), contains the following rider to the appropriation 

to Texas State Technical Institute on page IV-74: 

"~11 income derived from the sale, lease 

or other use of the Amarillo Air Force Base 

facilities shall be deposited to the General 

Revenue Fund until the amount of such deposits shall total Three Million Dollars 

($3,000,000). Appropriations to the Institute 

-3255- 
- , 

Hon. J. H. Kultqen, page 2 (M-681) 

are hereby made contingent upon adherence to 

such procedure. Provided however, that this 

shall not in any preclude or prevent the use 

of Texas State Technical Institute facilities or 

equipment for in-kind matching for participation 

in any Federal Vocational Programs permitting or 

recognizing in-kind matching by or on behalf of Texas 

State Technical Institute." 

The term "income" means gain derived from labor, from capital, 

or from both combined, including profit gained through sale or 

conversion of capital. See cases cited in Words and Phrases, 

Permanent Edition, Income - Gain or Profit, pages 218-231. 

With reference to the income realized from the sale, lease 

or other use of the Amarillo Air Force Base properties, we are of 

the opinion that the legislative requirement for the return of 

"all income" refers to all funds received over and above the direct, 

reasonable and necessary costs attributable to the production of 

such income. 

SUMMARY 

As used in the appropriation rider for the 

Texas State Technical Institute, the term "all 

income" refers to all funds received over and 

above the direct, reasonable and necessary costs 

attributable to the production of such income. 

Y s very truly, 

Attogey General of Texas 

Prepared by Malcolm L. Quick 

Assistant Attorney General 

-3256- 
Hon. J. H. Kultqen, page 3 (M-681) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Tom Bullington 

Bob Flowers 

Lehman Marks 

Pat Cain 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

-3257-
**Exhibit 32**

**Certification Pursuant to 18 U.S.C. Section 1350, As Adopted Pursuantto Section 906 of the Sarbanes-Oxley Act of 2002**

Elton Alderman, Chairman, President and Chief Executive Officer of Prolong International Corporation (the “Company”), andNicholas M. Rosier, Chief Financial Officer of the Company, each certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

| (1)    | the Quarterly Report on Form 10-Q of the Company for the period ended June 30, 2003 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d) and |
|--------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                           |
| (2)    | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                           |

 

| Dated:    August 8, 2003 | /s/ ELTON ALDERMAN                                                                                |
|----------------------------------------------|---------------------------------------------------------------------------------------------------|
|                                         |                                                                                                   |
|                                         | **Elton Alderman, Chairman, President and Chief Executive Officer (Principal Executive Officer)** |
|                                         |                                                                                              |
| Dated:    August 8, 2003 | /s/ NICHOLAS M. ROSIER                                                                            |
|                                         |                                                                                                   |
|                                         | **Nicholas M. Rosier, Chief Financial Officer (Principal Financial Officer)**                     |
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                               SECTION 906 OF THE
                           SARBANES-OXLEY ACT OF 2002

I, Todd M. Raba,  Senior Vice  President  of  MidAmerican  Energy  Company  (the
"Company"),  certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
18 U.S.C. Section 1350, that to the best of my knowledge:

     (1) the Annual  Report on Form 10-K of the  Company  for the annual  period
         ended  December  31,  2003  (the  "Report")  fully  complies  with  the
         requirements  of Section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934 (15 U.S.C. 78m or 78o(d)); and

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


Dated:  February 9, 2004




                                /s/ Todd M. Raba
                                ----------------------------
                                    Todd M. Raba
                                   Senior Vice President
                                (co-chief executive officer)