alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 30,961.

#### T. M. Wright, *Appellee,*v. John Hardesty and Hugh Douglas, *Appellants.*

(19 P. 2d 441.)

Opinion filed March 11, 1933.

*J. P. Noble*and *John M. Bremer,*both of Oberlin, for the appellants.

*A. W. Relihan, T. D. Relihan,*both of Smith Center, and *H. R. Tillotson,*of Lenora, for the appellee.

The opinion of the court was delivered by

Burch, J.:

The action was one for damages for injury to person and property sustained in an automobile collision. A demurrer to the amended petition was overruled, and defendants appeal.

The petition alleged that while plaintiff was carefully driving his fully equipped automobile on the proper side of a highway, “defendants,” driving their automobile at a high rate of speed, negligently, recklessly and wantonly ran into plaintiff’s automobile, wrecked it, and injured plaintiff. Actual and punitive damages *159were prayed for. Defendants moved the court to require plaintiff to state which one of defendants was driving their automobile when the collision occurred. The motion was allowed, and plaintiff amended by stating defendants were engaged in a joint enterprise in which each one acted as agent of the other. Otherwise there was no material difference between the two petitions. After the petition was filed, but before the amended petition was filed, the statute of limitations ran against maintenance of an action for damages resulting from the accident. Defendants contend the original petition did not state a cause of action, and the amended petition, departing from the original petition, stated a cause of action for the first time.

The original petition charged commission of a tort, the elements of which were detailed, and charged that defendants committed the tort. Of course there may be joint tortfeasors under joint liability, and defendants were so charged. Therefore, the original petition stated a cause of action without vagueness as to wrongdoers, con7 duct or consequence. The amended petition charged commission of the identical tort by the identical actors. All that was new in the amended petition was an explanation of the relation between defendants which made them jointly liable — a matter which was not an essential ingredient of the cause of action. The result is, for purpose of application of the statute of limitations, the action was commenced when the original petition was filed.

The judgment of the district court is affirmed.
§ 19.383 Gauging for denaturation. ( a ) *General.* A proprietor must gauge spirits before denaturation and after denaturation and must record each gauge in the record of denaturation required by § 19.606(b). However, a proprietor is not required to gauge either spirits that are dumped from previously gauged containers or spirits that are transferred directly to mixing tanks from gauge tanks where they were gauged. Measurements of spirits and denaturants may be made by volume, weight, accurate mass flow meter, or by any other device that has been approved by the appropriate TTB officer.
( b ) *Denaturation and article manufacture in a single process.* When a proprietor both denatures spirits and manufactures articles in a single, unified process, the proprietor may, in place of the procedure specified in paragraph (a) of this section, gauge the spirits before and after denaturation in the following manner: ( 1 ) Gauge the spirits to be denatured by volume, weight, accurate mass flow meter, or other device or method approved by the appropriate TTB officer;
( 2 ) Gauge the denaturants to be used by volume, weight, accurate mass flow meter, or other device approved by the appropriate TTB officer; and
( 3 ) Compute the number of wine gallons of denatured spirits produced, and enter this figure in the record required by § 19.606(b). In calculating the amount of denatured spirits produced, the proprietor must not include in the calculation the amount of additional chemicals or denaturants used for article manufacture.
(26 U.S.C. 5204, 5241)
#### § 24.265 Losses by theft.

The proprietor shall be liable for and pay the tax on wine unlawfully removed while on bonded wine premises, or while in transit thereto or therefrom in bond, unless the proprietor or other person responsible for the tax, establishes to the satisfaction of the appropriate TTB officer that the theft did not occur as the result of connivance, collusion, fraud or negligence on the part of the proprietor or other person responsible for the tax or the owner, consignor, consignee, bailee, or carrier, or their agents or employees.

(Sec. 201, Pub. L. 85-859, 72 Stat, 1381, as amended (26 U.S.C. 5370))

[T.D. ATF-299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF-409, 64 FR 13683, Mar. 22, 1999; T.D. ATF-432, 65 FR 69253, Nov. 16, 2000]
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY ELEV

 449.37

 448.54

 447.83

 446.98

 446.11

 445.32

 444.52

 443.72

 442.92

 442.13

 441.42

 440.77

 440.06

 439.39

 438.76

 438.04

 437.26

 436.51

 435.78

 434.98

 434.24

 433.50

 432.82

 432.12

 431.40

 430.68

 429.94

 429.28

 428.64

 428.02

 427.46

 799.1

 790.7

 783.5

 774.9

 766.2

 758.3

 750.4

 742.5

 734.7

 727.0

 720.1

 713.8

 706.9

 700.5

 694.5

 687.7

 680.3

 673.3

 666.4

 659.0

 652.1

 645.3

 639.1

 632.7

 626.2

 619.7

 613.1

 607.2

 601.6

 596.1

 591.2

STORAGE

-7.9

-8.4

-7.2

-8.6

-8.7

-7.9

-7.9

-7.9

-7.9

-7.7

-6.9

-6.3

-6.8

-6.4

-6.0

-6.8

-7.4

-7.0

-6.8

-7.4

-6.8

-6.8

-6.2

-6.4

-6.5

-6.5

-6.6

-5.9

-5.7

-5.5

-4.9

CHANGE

1,613

1,000

1,678

1,254

1,253

1,297

1,297

927

998

1,381

1,276

1,833

1,463

1,575

1,887

1,539

1,354

1,572

1,593

1,090

1,562

1,365

1,720

1,635

1,380

1,399

1,148

1,408

1,519

1,848

2,003

INFLOW

 5,291

 4,971

 5,033

 5,307

 5,356

 4,963

 5,016

 4,616

 4,674

 4,985

 4,451

 4,699

 4,616

 4,514

 4,623

 4,698

 4,737

 4,791

 4,687

 4,525

 4,676

 4,495

 4,580

 4,507

 4,362

 4,385

 4,203

 4,081

 4,106

 4,307

 4,234

POWER

 0

 1

 7

 13

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 6

 6

 5

 4

 0

 0

 2

 4

 2

 2

 4

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

OUTLET

 178

 176

 176

 172

 175

 180

 182

 177

 175

 175

 174

 180

 191

 191

 185

 193

 202

 203

 202

 195

 199

 195

 199

 202

 192

 179

 191

 184

 179

 193

 187

PUMPING

 111

 108

 87

 80

 113

 119

 95

 111

 107

 107

 126

 125

 105

 105

 111

 98

 128

 131

 140

 117

 129

 101

 79

 139

 108

 99

 95

 101

 88

 106

 53

C.F.S.

 .33

 .32

 .26

 .24

 .34

 .36

 .29

 .34

 .33

 .33

 .39

 .39

 .33

 .33

 .35

 .31

 .41

 .42

 .45

 .38

 .42

 .33

 .26

 .46

 .36

 .33

 .32

 .34

 .30

 .36

 .18

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JULY 2022 FOLSOM LAKE DAILY OPERATIONS RUN DATE: August 1, 2022

IN LAKE

EVAPORATION

INCHES

C.F.S. PLANT

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S. 

 RIVER 

TOTALS -215.7 44,867 144,489 56 0 5,782 3,322 10.56 .00

ACRE-FEET -215,700 88,994 286,594 111 0 11,469 6,589

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES, PUMPING AND EVAPORATION.

 807.0

SUMMARY

RELEASE (ACRE-FEET)

POWER 286,594

SPILL

PUMPING PLANT

 111

 11,469

TOTAL 298,174

PRECIPITATION

THIS MONTH =

JULY 1, 2022 TO DATE = .00

OUTLET 0 .00

OCT 1, 2021 TO DATE = 23.95
### Part III—Promotion of Foreign Trade
1 The Honorable Richard E. Dorr, United St ates District Judge for the Western District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 10-1455

___________ United States of America, * * Appellee, * Appeal from the United States * District Court for the v. * Western District of Missouri. * Gary Lee Smith, * [UNPUBLISHED] * Appellant. *

___________ Submitted: November 11, 2010 Filed: February 15, 2011

___________ Before LOKEN, MURPHY, and BENTON, Circuit Judges.

___________ PER CURIAM. Gary Lee Smith appeals the district court’s 1 denial in part of his Federal Rule of Criminal Procedure 41(g) motion to return property. Upon careful review, see Jackson v. United States , 526 F.3d 394, 396 (8th Cir. 2008) (district court’s legal conclusions are reviewed de novo and its findi ngs of fact for clear error), this court finds no reversible error. Specifically, this court agrees that Smith was not entitled to the return of the Chevrolet Tahoe, whic h had been repossesse d by a lienholder. See id. at 396-97 (government may satisfy its burden by showing cognizable claim of-2- ownership or right to possession adverse to th e movant’s). This court also concludes Smith was not entitled to the return of the property that he admitted had been administratively forfeited, and as to whic h he first alleged in sufficient notice more than five years after final publication of the notice of seizure. See18 U.S.C. § 983(e)(1) (any person entitled to written notice in any nonjudicial civil forfeiture proceeding under civil forfeiture statute w ho does not receive such notice may file motion to set aside declaration of forfeiture), (e)(3) (motion under § 983(e)(1) may be filed not later than 5 years after date of final publication of notice of seizure of property), (e)(5) (motion filed under § 983(e) shall be exclusive remedy for seeking to set aside declaration of forfeiture under civil forfeiture statute). Accordingly, we affirm.

______________________________
§ 24.140 Notice. ( a ) *General.* Where all or part of the operations at a wine premises are to be permanently discontinued, the proprietor shall file with the appropriate TTB officer a notice in letter form to cover the discontinuance. The proprietor shall state in the notice the date on which operations will be discontinued and, if the wine premises are to be transferred to a successor proprietor, the name of the successor proprietor. Any basic permit issued to the proprietor under the Federal Alcohol Administration Act (49 Stat. 978; 27 U.S.C. 203) for the operation discontinued will be submitted to the appropriate TTB officer with a written request for cancellation.
( b ) *Bonded wine premises.* The proprietor shall certify in the notice, as applicable, that: ( 1 ) All wine, spirits, or volatile fruit-flavor concentrate have been lawfully removed from bonded wine premises, destroyed, or transferred to a successor as of the effective date of discontinuance,
( 2 ) No wine, spirits, or volatile fruit-flavor concentrate are in transit to bonded wine premises, and
( 3 ) All approved applications covering the transfer of spirits to bonded wine premises have been returned to the appropriate TTB officer. The proprietor shall submit a report marked “Final” on the TTB F 5120.17, Report of Bonded Wine Premises Operations. Any wine, spirits, or volatile fruit-flavor concentrate transferred to a successor will be identified as “Transferred to successor” on the report and identified as “Received from predecessor” on the initial report filed by the successor.
( c ) *Taxpaid wine bottling house premises or Taxpaid wine premises.* The proprietor shall certify in the notice that all taxpaid United States or foreign wine on hand have been disposed of, or if not yet disposed of, the manner of disposition and the time period in which the disposition will occur. The proprietor shall include taxpaid United States wine on the TTB F 5120.17 report marked “Final.” Any United States taxpaid wine transferred to a successor will be identified as “Transferred to successor” on the report and identified as “Received from predecessor” on the initial report filed by the successor.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1381, as amended (26 U.S.C. 5367))
(Approved by the Office of Management and Budget under control numbers 1512-0058 and 1512-0216) [T.D. ATF-299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF-338, 58 FR 19064, Apr. 12, 1993; T.D. ATF-409, 64 FR 13683, Mar. 22, 1999]
§ 75.222 Procedures the Department uses under § 75.219(c). Cross Reference
Link to an amendment published at 89 FR 70326 , Aug. 29, 2024.
If the Secretary receives an unsolicited application, the Secretary may consider the application under the following procedures unless the Secretary has published a notice in the Federal Register stating that the program that would fund the application would not consider unsolicited applications: ( a ) ( 1 ) The Secretary determines whether the application could be funded under a competition planned or conducted for the fiscal year under which funds would be used to fund the application.
( 2 ) ( i ) If the application could be funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has not passed, the Secretary refers the application to the appropriate competition for consideration under the procedures in § 75.217.
( ii ) ( A ) If the application could have been funded under a competition described in paragraph (a)(1) of this section and the deadline for submission of applications has passed, the Secretary may consider the application only in exceptional circumstances, as determined by the Secretary.
( B ) If the Secretary considers an application under paragraph (a)(2)(ii) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section.
( iii ) If the application could not be funded under a competition described in paragraph (a)(1) of this section, the Secretary considers the application under paragraphs (b) through (e) of this section.
( b ) If an application may be considered under paragraphs (a)(2)(ii) or (iii) of this section, the Secretary determines if— ( 1 ) There is a substantial likelihood that the application is of exceptional quality and national significance for a program administered by ED;
( 2 ) The application meets the requirements of all applicable statutes and codified regulations that apply to the program; and
( 3 ) Selection of the project will not have an adverse impact on the funds available for other awards planned for the program.
( c ) If the Secretary determines that the criteria in paragraph (b) of this section have been met, the Secretary assembles a panel of experts that does not include any employees of the Department to review the application.
( d ) The experts— ( 1 ) Evaluate the application based on the selection criteria; and
( 2 ) Determine whether the application is of such exceptional quality and national significance that it should be funded as an unsolicited application.
( e ) If the experts highly rate the application and determine that the application is of such exceptional quality and national significance that it should be funded as an unsolicited application, the Secretary may fund the application.
Note to § 75.222 :
To assure prompt consideration, applicants submitting unsolicited applications should send the application, marked “Unsolicited Application” on the outside, to the Chief, Application Control Center, U.S. Department of Education, Washington, DC 20202-4725.
(Authority: 20 U.S.C. 1221e-3 and 3474)
[60 FR 12096, Mar. 3, 1995]
§ 76.260 Allotments are made under program statute or regulations. Cross Reference
Link to an amendment published at 89 FR 70336 , Aug. 29, 2024.
( a ) The Secretary allots program funds to a State in accordance with the authorizing statute or implementing regulations for the program.
( b ) Any reallotment to other States will be made by the Secretary in accordance with the authorizing statute or implementing regulations for that program.
(Authority: 20 U.S.C. 3474(a))
[50 FR 29330, July 18, 1985]
#### § 24.107 Designation as a bonded winery.

Bonded wine premises which will be used for the production of wine or for production processes involving the use of wine will be designated a bonded winery unless the proprietor applies for a bonded wine cellar designation. If the proprietor of a bonded wine premises designated as a bonded winery does not engage in wine production operations, the appropriate TTB officer may notify the proprietor that the designation of the premises is changed from a bonded winery to a bonded wine cellar.

(Sec. 201, Pub. L. 85-859, 72 Stat. 1378, as amended (26 U.S.C. 5351))

(Approved by the Office of Management and Budget under control number 1512-0058)

[T.D. ATF-299, 55 FR 24989, June 19, 1990, as amended by T.D. ATF-409, 64 FR 13683, Mar. 22, 1999]
CENTRAL VALLEY OPERATIONS OFFICE

DELTA SMELT AND SPLITTAIL

January 2002

Note: Bold numbers are not verified by DFG.

Delta Smelt Splittail Pumping

Daily Total Daily Total

Daily Combined Daily Combined In CFS In Acre Feet

DATE Total Daily 14-Day Total Daily 14-Day

SWP CVP Total Average SWP CVP Total Average

1-Jan-02 312 48 360 93 66 48 114 58 8154 4027 12180 16173 7987 24160

2-Jan-02 774 108 882 146 69 108 177 71 8069 4078 12147 16005 8089 24094

3-Jan-02 648 216 864 203 150 48 198 84 7991 4017 12008 15850 7967 23817

4-Jan-02 708 132 840 260 30 24 54 87 7835 4053 11888 15541 8039 23580

5-Jan-02 150 72 222 273 0 48 48 88 1862 4101 5963 3693 8135 11828

6-Jan-02 96 120 216 285 0 84 84 92 1519 4107 5626 3013 8147 11160

7-Jan-02 81 48 129 291 0 48 48 94 1479 4109 5588 2933 8151 11084

8-Jan-02 44 36 80 294 0 60 60 98 1507 4186 5693 2990 8303 11293

9-Jan-02 94 36 130 301 12 12 24 100 1660 4075 5735 3293 8083 11376

10-Jan-02 210 12 222 309 90 36 126 108 7460 4124 11584 14797 8179 22976

11-Jan-02 70 48 118 317 34 48 82 113 7579 4130 11708 15032 8191 23223

12-Jan-02 93 60 153 325 42 36 78 116 7555 4116 11671 14985 8165 23150

13-Jan-02 120 48 168 327 60 0 60 109 7542 4124 11665 14959 8179 23138

14-Jan-02 72 12 84 319 54 12 66 87 7545 4108 11653 14965 8148 23113

15-Jan-02 90 12 102 301 256 12 268 98 7311 4214 11525 14501 8359 22860

16-Jan-02 50 36 86 244 249 0 249 103 7449 4175 11624 14775 8281 23056

17-Jan-02 50 24 74 187 68 48 116 97 7374 4170 11545 14627 8272 22899

18-Jan-02 33 12 45 131 66 24 90 100 7118 4161 11279 14119 8253 22372

19-Jan-02 22 12 34 117 157 12 169 109 7240 4163 11403 14360 8258 22618

20-Jan-02 12 12 24 104 30 0 30 105 7114 4162 11276 14110 8255 22365

21-Jan-02 30 24 54 98 66 12 78 107 7245 4144 11389 14371 8219 22590

22-Jan-02 45 36 81 98 96 12 108 110 7277 4166 11443 14434 8263 22697

23-Jan-02 63 0 63 93 27 36 63 113 7210 4156 11366 14301 8243 22544

24-Jan-02 41 12 53 81 159 0 159 115 7357 4169 11527 14593 8270 22863

25-Jan-02 18 0 18 74 6 0 6 110 7246 4192 11438 14373 8315 22688

26-Jan-02 18 12 30 65 42 0 42 107 7207 4197 11404 14295 8324 22619

27-Jan-02 24 12 36 56 66 12 78 109 7265 4202 11467 14410 8335 22745

28-Jan-02 15 12 27 52 72 0 72 109 6776 4187 10963 13441 8304 21745

29-Jan-02 0 12 12 46 108 0 108 98 6970 4173 11143 13825 8277 22102

30-Jan-02 0 24 24 41 289 12 301 101 7107 4140 11247 14097 8211 22308

31-Jan-02 0 0 0 36 96 24 120 102 7137 4132 11268 14156 8195 22351

Total 3983 1248 5231 XXXX 2460 816 3276 XXXX 200160 128257 328416 397017 254397 651414

Banks Tracy Combined Banks Tracy Combined
### §1468. Distributing obscene material by cable or subscription television

(a) Whoever knowingly utters any obscene language or distributes any obscene matter by means of cable television or subscription services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.

(b) As used in this section, the term "distribute" means to send, transmit, retransmit, telecast, broadcast, or cablecast, including by wire, microwave, or satellite, or to produce or provide material for such distribution.

(c) Nothing in this chapter, or the Cable Communications Policy Act of 1984, or any other provision of Federal law, is intended to interfere with or preempt the power of the States, including political subdivisions thereof, to regulate the uttering of language that is obscene or otherwise unprotected by the Constitution or the distribution of matter that is obscene or otherwise unprotected by the Constitution, of any sort, by means of cable television or subscription services on television.

(Added Pub. L. 100–690, title VII, §7523(a), Nov. 18, 1988, 102 Stat. 4501.)

#### **Editorial Notes**

#### References in Text

The Cable Communications Policy Act of 1984, referred to in subsec. (c), is Pub. L. 98–549, Oct. 30, 1984, 98 Stat. 2779, which is classified principally to subchapter V–A (§521 et seq.) of chapter 5 of Title 47, Telecommunications. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 609 of Title 47 and Tables.
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December 10, 2020

Case 20-12128-BFK Doc 33 Filed 12/10/20 Entered 12/10/20 16:00:15 Desc Main

Document Page 2 of 2
### §4714. Enforcement actions

The Interagency Environment Committee—

(1) may request the Trade Representative to, within a reasonable period of time, request consultations under—

(A) article 24.29 of the USMCA (relating to environment consultations) with respect to the USMCA country; or

(B) articles 31.4 and 31.6 of the USMCA (relating to dispute settlement consultations) with respect to the USMCA country; or

(2) may request the heads of other Federal agencies described in section 4715 of this title to initiate monitoring or enforcement actions with respect to the USMCA country under the provisions of law described in section 4715 of this title.

(Pub. L. 116–113, title VIII, §814, Jan. 29, 2020, 134 Stat. 93.)