alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2010301EN.01000901.xml

| 6.11.2010 | EN | Official Journal of the European Union | C 301/9 |
| --- | --- | --- | --- |

6.11.2010

EN

Official Journal of the European Union

C 301/9

---

Reference for a preliminary ruling from High Court of Justice (Queen's Bench Division) (United Kingdom) made on 18 August 2010 — Deo Antoine Homawoo v GMF Assurances SA

(Case C-412/10)

()

2010/C 301/12

Language of the case: English

Referring court

Referring court

High Court of Justice (Queen's Bench Division)

Parties to the main proceedings

Parties to the main proceedings

Applicant: Deo Antoine Homawoo

Applicant:

Defendant: GMF Assurances SA

Defendant:

Questions referred

Questions referred

| 1. | Are Articles 31 and 32 of Regulation (BC) No 864/2007 (1) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), in conjunction with Article 297 of the Treaty on the Functioning of the European Union, to be interpreted to require a national court to apply Rome II, and in particular Article 15(c) thereof, in a case where the event giving rise to the damage occurred on 29th August 2007? |
| --- | --- |

1.

Are Articles 31 and 32 of Regulation (BC) No 864/2007 (1) of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), in conjunction with Article 297 of the Treaty on the Functioning of the European Union, to be interpreted to require a national court to apply Rome II, and in particular Article 15(c) thereof, in a case where the event giving rise to the damage occurred on 29th August 2007?

1

| 2. | Is the answer to question 1 affected by either of the following facts:






  (i) | that the proceedings seeking compensation for damage were commenced on 8th January 2009; |
| --- | --- | --- |

2.

Is the answer to question 1 affected by either of the following facts:

(i)

that the proceedings seeking compensation for damage were commenced on 8th January 2009;

th

| (ii) | that the national court had not made any determination of the applicable law before 11 January 2009? |
| --- | --- |

(ii)

that the national court had not made any determination of the applicable law before 11 January 2009?

---

(1)  OJ L 199, p. 40

1

---
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1

The Honorable G. Thomas Eisele, United States District Judge for the Eastern

District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 03-3833

___________

Michael Britt Hodges, *

*

Appellant, *

*

v. * Appeal from the United States

* District Court for the

Mike Huckabee, Governor, * Eastern District of Arkansas.

*

Appellee. * [UNPUBLISHED]

___________

Submitted: June 4, 2004

Filed: June 17, 2004

___________

Before MELLOY, HANSEN, and COLLOTON, Circuit Judges.

___________

PER CURIAM.

Michael Hodges challenges the dismissal of his 42 U.S.C. § 1983 action

against Arkansas Governor Mike Huckabee. Hodges alleged that Governor Huckabee

violated his constitutional rights when he denied Hodges’s clemency application. The

district court1

 dismissed the case after concluding it was barred by res judicata. For

the reasons explained by the district court, we agree that the action is barred by the
-2-

doctrine of res judicata. We also find no error in the decision of the district court to

transfer this case from another judge to Judge Eisele. 

Accordingly, we affirm. See 8th Cir. R. 47B. 

______________________________
### §2941. Definitions

In this chapter:

(1) The term "construct" means to build, renovate, or improve military family housing and military unaccompanied housing.

(2) The term "construction" means building, renovating, or improving military family housing and military unaccompanied housing.

(3) The term "military unaccompanied housing" means military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.

(4) The term "United States" includes the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, and the District of Columbia.

(Added Pub. L. 104–324, title II, §208(a), Oct. 19, 1996, 110 Stat. 3909, §680; amended Pub. L. 108–293, title II, §207(a), Aug. 9, 2004, 118 Stat. 1034; Pub. L. 111–281, title II, §221(a)(1), Oct. 15, 2010, 124 Stat. 2919; renumbered §2941, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230.)

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282 renumbered section 680 of this title as this section.

2010—Pub. L. 111–281 added pars. (1) and (2), redesignated former pars. (4) and (5) as (3) and (4), respectively, and struck out former pars. (1) to (3) which read as follows:

"(1) The term 'construction' means the construction of military housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities.

"(2) The term 'contract' includes any contract, lease, or other agreement entered into under the authority of this chapter.

"(3) The term 'eligible entity' means any private person, corporation, firm, partnership, or company and any State or local government or housing authority of a State or local government."

2004—Pars. (3) to (5). Pub. L. 108–293 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.

#### **Statutory Notes and Related Subsidiaries**

#### Savings Clause

Pub. L. 111–281, title II, §221(b), Oct. 15, 2010, 124 Stat. 2920, provided that: "This section [amending this section and sections 681, 685, 687, and 688 of this title and repealing sections 682 to 684, 686, 687a, and 689 of this title] shall not affect any action commenced prior to the date of enactment of this Act [Oct. 15, 2010]."
#### GIBBS, Administratrix De Bonis Non With the Will Annexed of Sommers, Movant, v. NATIONAL SAVINGS & BUILDING ASSOCIATION, Opposed.

Court of Appeals of Kentucky.

May 16, 1939.

Albert Karnes for movant.

C. H. Lowry, opposed.

PER CURIAM.

Appeal denied; judgment affirmed.
[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Page 12691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5155]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / 
Notices

[[Page 12691]]



DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Southwest Idaho Resource Advisory Committee Meeting

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and under the Secure Rural Schools and Community 
Self-Determination Act of 2000, as amended, (Pub. L. 110-343), the 
Boise, Payette, Salmon-Challis, and Sawtooth National Forests' 
Southwest Idaho Resource Advisory Committee will conduct a business 
meeting. The meeting is open to the public.

DATES: Thursday, March 17, 2011, beginning at 9 a.m.

ADDRESSES: Idaho Counties Risk Management Program Building, 3100 South 
Vista Avenue, Boise, Idaho.

SUPPLEMENTARY INFORMATION: Agenda topics will include review and 
approval of project proposals, and is an open public forum.

FOR FURTHER INFORMATION CONTACT: Kim Pierson, Designated Federal 
Official, at (208) 347-0301 or e-mail kpierson@;fs.fed.us.

    Dated: March 2, 2011.
Suzanne C. Rainville,
Forest Supervisor, Payette National Forest.
[FR Doc. 2011-5155 Filed 3-7-11; 8:45 am]
BILLING CODE 3410-11-P
### §2770. Special instruction at universities

Coast Guard personnel may be assigned for special instruction at private or state colleges or universities, and their expenses, including tuition, books, laboratory equipment and fees, and school supplies, may be defrayed by the Coast Guard.

(Aug. 4, 1949, ch. 393, 63 Stat. 531, §470; renumbered §2770, Pub. L. 115–282, title I, §116(b), Dec. 4, 2018, 132 Stat. 4226.)

#### Historical and Revision Notes

Based on the following language contained in the Coast Guard appropriation act for 1949, "Pay and Allowances" and preceding years: "Not to exceed $32,200 for cost of instruction of officers at non-Federal institutions, including books, laboratory equipment and fees, school supplies, and maintenance of students;" (June 19, 1948, ch. 558, 62 Stat. 562).

The monetary limitation is removed.

Changes were made in phraseology. 81st Congress, House Report No. 557.

#### **Editorial Notes**

#### Amendments

2018—Pub. L. 115–282 renumbered section 470 of this title as this section.

#### **Statutory Notes and Related Subsidiaries**

#### Expansion of Postgraduate Opportunities for Members of Coast Guard in Medical and Related Fields

Pub. L. 117–263, div. K, title CXIV, §11413(a), (b), Dec. 23, 2022, 136 Stat. 4120, provided that:

"(a) In General.—The Commandant [of the Coast Guard] shall expand opportunities for members of the Coast Guard to secure postgraduate degrees in medical and related professional disciplines for the purpose of supporting Coast Guard clinics and operations.

"(b) Application of Law.—Individuals who receive assistance pursuant to subsection (a) shall be subject to the service obligations required under section 2114 of title 10, United States Code."

#### Coast Guard Graduate Maritime Operations Education

Pub. L. 114–120, title II, §213, Feb. 8, 2016, 130 Stat. 42, provided that: "Not later than 1 year after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall establish an education program, for members and employees of the Coast Guard, that—

"(1) offers a master's degree in maritime operations;

"(2) is relevant to the professional development of such members and employees;

"(3) provides resident and distant education options, including the ability to utilize both options; and

"(4) to the greatest extent practicable, is conducted using existing academic programs at an accredited public academic institution that—

"(A) is located near a significant number of Coast Guard, maritime, and other Department of Homeland Security law enforcement personnel; and

"(B) has an ability to simulate operations normally conducted at a command center."
# C_2006294EN.01006601.xml

| 2.12.2006 | EN | Official Journal of the European Union | C 294/66 |
| --- | --- | --- | --- |

2.12.2006

EN

Official Journal of the European Union

C 294/66

---

Action brought on 2 October 2006 — Sanchez Ferriz and Others v Commission

(Case F-115/06)

(2006/C 294/130)

Language of the case: French

Parties

Applicants: Carlos Sanchez Ferriz (Brussels, Belgium) and Others (represented by: F. Frabetti, lawyer)

Applicants:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

The applicant claims that the Civil Service Tribunal should:

| — | set aside the list of officials promoted under the 2005 promotion procedure in so far as that list does not include the applicants' names and, incidentally, annul the preparatory measures leading to that decision; |
| --- | --- |

—

set aside the list of officials promoted under the 2005 promotion procedure in so far as that list does not include the applicants' names and, incidentally, annul the preparatory measures leading to that decision;

| — | in the alternative, annul the allocation of promotion points during the promotion procedure mentioned above, in particular, in consequence of the recommendations made by the promotion committees; |
| --- | --- |

—

in the alternative, annul the allocation of promotion points during the promotion procedure mentioned above, in particular, in consequence of the recommendations made by the promotion committees;

| — | order the defendant to pay the costs. |
| --- | --- |

—

order the defendant to pay the costs.

Pleas in law and main arguments

In support of their action, the applicants put forward five pleas, alleging:

| — | in the first, infringement of Article 45 of the Staff Regulations; |
| --- | --- |

—

in the first, infringement of Article 45 of the Staff Regulations;

| — | in the second, infringement of the General Provisions implementing that article; |
| --- | --- |

—

in the second, infringement of the General Provisions implementing that article;

| — | in the third, infringement of the principle of non-discrimination and a manifest error of assessment; |
| --- | --- |

—

in the third, infringement of the principle of non-discrimination and a manifest error of assessment;

| — | in the fourth, infringement of Articles 6 and 10 of Annex XIII to the Staff Regulations; |
| --- | --- |

—

in the fourth, infringement of Articles 6 and 10 of Annex XIII to the Staff Regulations;

| — | in the fifth, infringement of the principles of the prohibition of arbitrary procedure and of the prohibition of the abuse of powers, and infringement of the obligation to state reasons. |
| --- | --- |

—

in the fifth, infringement of the principles of the prohibition of arbitrary procedure and of the prohibition of the abuse of powers, and infringement of the obligation to state reasons.

---
§ 115.177 Corrective action for contractors and volunteers. ( a ) Any contractor or volunteer suspected of perpetrating sexual abuse shall be prohibited from contact with detainees. The agency shall also consider whether to prohibit further contact with detainees by contractors or volunteers who have not engaged in sexual abuse, but have violated other provisions within these standards. The agency shall be responsible for promptly reporting sexual abuse allegations and incidents involving alleged contractor or volunteer perpetrators to an appropriate law enforcement agency as well as to the Joint Intake Center or another appropriate DHS investigative office in accordance with DHS policies and procedures. The agency shall make reasonable efforts to report to any relevant licensing body, to the extent known, incidents of substantiated sexual abuse by a contractor or volunteer.
( b ) Contractors and volunteers suspected of perpetrating sexual abuse may be removed from all duties requiring detainee contact pending the outcome of an investigation, as appropriate.
### §629. Conversion of banking corporations into Federal corporations; procedure

Any bank or banking institution, principally engaged in foreign business, incorporated by special law of any State or of the United States or organized under the general laws of any State or of the United States and having an unimpaired capital sufficient to entitle it to become a corporation under the provisions of this subchapter may, by the vote of the shareholders owning not less than two-thirds of the capital stock of such bank or banking association, with the approval of the Board of Governors of the Federal Reserve System, be converted into a Federal corporation of the kind authorized by this subchapter with any name approved by the Board of Governors of the Federal Reserve System: Provided, however, That said conversion shall not be in contravention of the State law. In such case the articles of association and organization certificate may be executed by a majority of the directors of the bank or banking institution, and the certificate shall declare that the owners of at least two-thirds of the capital stock have authorized the directors to make such certificate and to change or convert the bank or banking institution into a Federal corporation. A majority of the directors, after executing the articles of association and the organization certificate, shall have power to execute all other papers and to do whatever may be required to make its organization perfect and complete as a Federal corporation. The shares of any such corporation may continue to be for the same amount each as they were before the conversion, and the directors may continue to be directors of the corporation until others are elected or appointed in accordance with the provisions of this subchapter. When the Board of Governors of the Federal Reserve System has given to such corporation a certificate that the provisions of this subchapter have been complied with, such corporation and all its stockholders, officers, and employees shall have the same powers and privileges, and shall be subject to the same duties, liabilities, and regulations, in all respects, as shall have been prescribed by this subchapter for corporations originally organized thereunder.

(Dec. 23, 1913, ch. 6, §25A (par.), formerly §25(a), as added Dec. 24, 1919, ch. 18, 41 Stat. 378; amended Aug. 23, 1935, ch. 614, title II, §203(a), 49 Stat. 704; renumbered §25A, Pub. L. 102–242, title I, §142(e)(2), Dec. 19, 1991, 105 Stat. 2281.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this section", meaning section 25A of act Dec. 23, 1913, which is classified to this subchapter (§611 et seq.).

#### Codification

Section is comprised of par. 21 (undesignated) of section 25A of act Dec. 23, 1913, which comprises this subchapter. For complete classification of section 25A of this Act, see Codification note set out under section 611 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1242 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1242

To amend the Immigration and Nationality Act to make permanent the visa 
       waiver program for certain visitors to the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 18, 1999

  Mr. Akaka (for himself, Mr. Burns, Mr. Cochran, Mr. Graham, and Mr. 
    Inouye) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
To amend the Immigration and Nationality Act to make permanent the visa 
       waiver program for certain visitors to the United States.

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

SECTION 1. PERMANENT VISA WAIVER PROGRAM FOR CERTAIN VISITORS.

    Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) 
is amended--
            (1) in this section heading, by striking ``pilot'';
            (2) in the caption for subsection (a)(2), by striking 
        ``pilot'' and ``visa waiver'';
            (3) in the caption for subsection (c) by striking ``Pilot'' 
        and inserting ``Visa Waiver'';
            (4) by striking ``pilot'' each place it appears and 
        inserting ``visa waiver'';
            (5) in subsection (a)(1), by striking ``during the pilot 
        program period (as defined in subsection (e))'';
            (6) in subsection (b)(3), by striking ``(within the pilot 
        program period)'';
            (7) by striking subsection (f); and
            (8) by redesignating subsection (g) as subsection (f).
                                 <all>
```
### IN THE SUPREME COURT OF THE STATE OF MONTANA DA 22 -0747

_________________ IN RE THE MARRIAGE OF: CHRISTOPHER NUCKOLLS,

Petitioner and Appellant, and NANCY NUCKOLLS,

Respondent and Appellee. O R D E R

_________________ Appellant Christopher Nuckolls was granted an extension of time to file and serve the opening brief on or before May 1 , 2023 . The opening brief is now overdue. THEREFORE, IT IS ORDERED that Appellant shall prepare, file , and serve the opening brief on appeal no later than June 1 , 2023 . F ailure to file the brief within that time will result in dismissal of this appeal with prejudice and without further notice. The Clerk is directed to provide a copy of this Order to all parties in this appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

May 4 2023

05/04/2023
Case Number: DA 22-0747
Editorial Note on Part 23
Editorial Note: Nomenclature changes to part 23 appear at 79 FR 27190, May 13, 2014.

§ 23.46 Financial management, internal and external controls and other assurances. Grantee financial management systems shall comply with the following standards for accurate, current and complete disclosure of financial activities. ( a ) OMB Circular A-87 (Cost principles for state and local governments and federally recognized Indian tribal governments).
( b ) OMB Circular A-102 (Common rule 43 CFR part 12).
( c ) OMB Circular A-128 (Single Audit Act).
( d ) OMB Circular A-110 or 122 (Cost principles for non-profit organizations and tribal organizations, where applicable).
( e ) *Internal control.* Effective control and accountability must be maintained for all grants. Grantees must adequately safeguard any property and must ensure that it is used solely for authorized purposes.
( f ) *Budget control.* Actual expenditures must be compared with budgeted amounts for the grant. Financial information must be related to program performance requirements.
( g ) *Source documentation.* Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, grant documents, or other information required by the grantee's financial management system. The Secretary or his/her designee may review the adequacy of the financial management system of an Indian tribe(s) or off-reservation Indian organization applying for a grant under this part.
( h ) Pursuant to 18 U.S.C. 641, whoever embezzles, steals, purloins, or knowingly converts to his or her use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or whoever receives, conceals, or retains the same with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined, or converted shall be fined not more than $10,000 or imprisoned not more than 10 years, or both; but if the value of such property does not exceed the sum of $100, he or she shall be fined not more than $1,000 or imprisoned not more than one year, or both.
### Part A—District Organization
#### Rose Levintan, Respondent, v. Henry Levintan, Appellant.

Order affirmed, •with ten dollars costs and disbursements. - Ho opinion.