TST/BUG: fix failing data.py tests for good
closes #4028, #3982. for good.

:+1: 
 thanks. i'm going to do a couple more rehashes + push to make sure nothing is falling through the cracks. 4-5 seems to be the magic number to get at least one fail in the build matrix. i think i've done 2 so far
 Could you cc me when you merge this one?
 @woodb sure thing
 @jreback look ok? the last 4 git rehashes and force pushes have passed on travis. running another one just in case. when that succeeds i wiil merge
 ok by me
 bombs away................
 cc @woodb 
