alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Frank J. Nardozzi, Respondent, v. Marion P. Gooding, Appellant.

(Appeal No. 1.)

— Order denying defendant’s motion to compel plaintiff to reply *to*defendant’s second and third affirmative defenses, and granting plaintiff’s motion to strike out the second affirmative defense, insofar as appealed from, affirmed, with $10 costs and disbursements. -No opinion. Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur.
EXHIBIT 3.2(d)
                                                               FORM 10-Q
                                            QUARTER ENDED MARCH 31, 1997
 
 
                       UNANIMOUS CONSENT RESOLUTION
              DATED MARCH 5, 1997, EFFECTIVE APRIL 30, 1997
                 FIXING THE NUMBER OF DIRECTORS AT SEVEN
                   (INCLUDING SECTION 4.2 OF ARTICLE IV
          OF THE RESTATED BYLAWS OF BUCYRUS INTERNATIONAL, INC.
                  SHOWING THE EFFECT OF SAID RESOLUTION
 
          Section 4.2.  Number, Tenure and Qualifications.  Subject to
 the rights of the holders of any series or class of stock as set forth in
 the Certificate of Incorporation to elect directors under specified
 circumstances, as provided in Section 5.04(b) of the Plan from the Effective
 Date (as defined in the Plan) until the 1997 Annual Meeting, the Board of
 Directors shall consist of seven members, and thereafter the number of
 directors shall be fixed from time to time by the Board of Directors, but
 shall consist of not more than fifteen nor less than three directors.  Upon
 the Effective Date, the Board of Directors shall consist of those directors
 selected as provided in Section 5.04 of the Plan (the "Original Directors"). 
 Each Original Director shall hold office from and after the Effective Date
 until the 1996 Annual Meeting, and from and after the 1996 Annual Meeting
 until the 1997 Annual Meeting as provided in Section 5.04 of the Plan, and
 otherwise pursuant to the terms of the Certificate of Incorporation, the
 Plan, these By-Laws and the GCL, and until their successors have been duly
 elected, or appointed pursuant to Section 4.7(B) of these Bylaws and
 qualified.  Directors shall be elected annually and shall hold office from
 the time of such director's election and qualification until their
 successors shall have been duly elected and qualified.  At each succeeding
 annual meeting of stockholders of the Corporation beginning with the 1997
 Annual Meeting, if authorized by a resolution of the Board of Directors,
 directors may be elected to fill any vacancy on the Board of Directors,
 regardless of how such vacancy shall have been created.  Prior to the 1997
 Annual Meeting, this Section 4.2 of these Bylaws shall not be amended, added
 to, rescinded or repealed except (x) by resolution of the Board of Directors
 increasing the number of directors passed at a meeting thereof by not less
 than two-thirds of the number of directors fixed from time to time by these
 Bylaws, or (y) by resolution of the Board of Directors increasing the number
 of directors passed at a meeting thereof in connection with any transaction
 involving the Corporaiton that requires approval of the stockholders of the
 Corporation under the GCL and that is approved at such meeting, provided
 that in either case notice of the proposed change was given in a notice
 given no less than twenty-four hours prior to the meeting.
§ 4.1016 When can an ALJ be disqualified? ( a ) The ALJ may withdraw from a case at any time the ALJ deems himself or herself disqualified.
( b ) At any time before issuance of the ALJ's recommended decision, any party may move that the ALJ disqualify himself or herself for personal bias or other valid cause. ( 1 ) The party must file the motion promptly after discovering facts or other reasons allegedly constituting cause for disqualification.
( 2 ) The party must file with the motion an affidavit or declaration setting forth the facts or other reasons in detail.
( c ) The ALJ must rule upon the motion, stating the grounds for the ruling. ( 1 ) If the ALJ concludes that the motion is timely and meritorious, he or she must disqualify himself or herself and withdraw from the case.
( 2 ) If the ALJ does not disqualify himself or herself and withdraw from the case, the ALJ must continue with the hearing process and issue a recommended decision.
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1432 

CA 11-00947 

PRESENT: SCUDDER, P.J., CENTRA, GREEN, GORSKI, AND MARTOCHE, JJ. 

 

JOSEPH LAWRENCE SHERIDAN, PLAINTIFF-APPELLANT, 

V ORDER

MICHAEL GUINDY, INDIVIDUALLY, AND M&C OF 

USA, INC., DEFENDANTS-RESPONDENTS. 

 

MORGAN LAW FIRM, P.C., SYRACUSE (WILLIAM R. MORGAN OF COUNSEL), FOR

PLAINTIFF-APPELLANT. 

MACKENZIE HUGHES LLP, SYRACUSE (W. BRADLEY HUNT OF COUNSEL), FOR

DEFENDANTS-RESPONDENTS. 

 

Appeal from an order of the Supreme Court, Onondaga County

(Deborah H. Karalunas, J.), entered June 25, 2010. The order denied

the motion of plaintiff for partial summary judgment and granted the

cross motion of defendants for partial summary judgment. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs for reasons stated at Supreme

Court.

Entered: December 23, 2011 Frances E. Cafarell

Clerk of the Court
Sacramento

River

T10N R3E

T9N R3E T9N R4E

T10N R4E

0

1

36

35

6

3

31

7

26

2

25

12

30

Kiesel

SSAACCRRAA MMEE NNTTOO CCOO

YYOOLL OO CC OO

10.75 L

Contract No. 14-06-200-3556A-R-1

Exhibit B

Willey, Edwin A. and Majorie E.

725-202-135

Note: The Public Land Survey depicted here

was digitized from USGS topographic maps.

0 0.5 1

Miles

Date: November 23, 2004

File Name: N:\districts\contracts\willey_edwin_a_and_marjorie_e\willey_edwin_a_and_marjorie_e.mxd

Contractor's Service Area

Point of Diversion
### §894. Repealed. Pub. L. 93–197, §3(b), Dec. 22, 1973, 87 Stat. 770

Section, act June 17, 1954, ch. 303, §5, 68 Stat. 251, authorized payment of $1,500 to tribal members.
§ 3811.2-1 States where locations may be made. ( a ) Mining locations may be made in the States of Alaska, Arizona, Arkansas, California, Colorado, Florida, Idaho, Louisiana, Mississippi, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming.
( b ) The laws of the United States relating to mining claims were extended to Alaska by section 8 of the Act of May 17, 1884 (23 Stat. 26), and sections 15, 16, and 26 of the Act of June 6, 1900 (31 Stat. 327, 329; 48 U.S.C. 119, 120, 381-383) again, in terms, extended the mining laws of the United States and all right incident thereto, to the State, with certain further provisions with respect to the acquisition of claims thereunder.
( c ) The law in respect to placer claims in Alaska was modified and amended by the Act of August 1, 1912 (37 Stat. 242) and section 4 of that Act was amended by the Act of March 3, 1925 (43 Stat. 1118).
( d ) By the Act of May 4, 1934 (43 Stat. 663; 48 U.S.C. 381a) the Acts of August 1, 1912, and March 3, 1925, were repealed and the general mining laws of the United States applicable to placer mining claims were declared to be in full force and effect in the State.
### §139C. Certain disability-related first responder retirement payments

#### (a) In general

In the case of an individual who receives qualified first responder retirement payments for any taxable year, gross income shall not include so much of such payments as do not exceed the annualized excludable disability amount with respect to such individual.

#### (b) Qualified first responder retirement payments

For purposes of this section, the term "qualified first responder retirement payments" means, with respect to any taxable year, any pension or annuity which but for this section would be includible in gross income for such taxable year and which is received—

(1) from a plan described in clause (iii), (iv), (v), or (vi) of section 402(c)(8)(B), and

(2) in connection with such individual's qualified first responder service.

#### (c) Annualized excludable disability amount

For purposes of this section—

#### (1) In general

The term "annualized excludable disability amount" means, with respect to any individual, the service-connected excludable disability amounts which are properly attributable to the 12-month period immediately preceding the date on which such individual attains retirement age.

#### (2) Service-connected excludable disability amount

The term "service-connected excludable disability amount" means periodic payments received by an individual which—

(A) are not includible in such individual's gross income under section 104(a)(1),

(B) are received in connection with such individual's qualified first responder service, and

(C) terminate when such individual attains retirement age.

#### (3) Special rule for partial-year payments

In the case of an individual who only receives service-connected excludable disability amounts properly attributable to a portion of the 12-month period described in paragraph (1), such paragraph shall be applied by multiplying such amounts by the ratio of 365 to the number of days in such period to which such amounts were properly attributable.

#### (d) Qualified first responder service

For purposes of this section, the term "qualified first responder service" means service as a law enforcement officer, firefighter, paramedic, or emergency medical technician.

(Added Pub. L. 117–328, div. T, title III, §309(a), Dec. 29, 2022, 136 Stat. 5345.)

#### **Editorial Notes**

#### Prior Provisions

A prior section, added Pub. L. 111–5, div. B, title III, §3001(a)(15)(A), Feb. 17, 2009, 123 Stat. 465; amended Pub. L. 111–144, §3(b)(5)(B), Mar. 2, 2010, 124 Stat. 44, related to COBRA premium assistance, prior to repeal by Pub. L. 115–141, div. U, title IV, §401(d)(7)(C), Mar. 23, 2018, 132 Stat. 1212.

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

#### Effective Date

Pub. L. 117–328, div. T, title III, §309(c), Dec. 29, 2022, 136 Stat. 5346, provided that: "The amendments made by this section [enacting this section] shall apply to amounts received with respect to taxable years beginning after December 31, 2026."
#### § 3590.0-7 Scope.

The regulations in this part govern operations for the discovery, testing, development, mining, reclamation, and processing of all minerals under lease, license or permit issued for Federal lands under the regulations in Group 3500 of this title or part 3140 of this title. For operations, involving the extraction of hydrocarbon from tar sands or oil shale by in-situ methods utilizing boreholes or wells, part 3160 of this title is applicable. These regulations also govern operations for all minerals on Indian tribal lands and allotted Indian lands leased under 25 CFR parts 211 and 212. Further, when the regulations in this part related to matters included in 25 CFR part 215 or 216 the regulations in this part shall be considered as supplemental and the regulations in 25 CFR part 215 or 216 shall govern to the extent of any inconsistencies.
24 19

13 18

25 30

23

14

26

T11N R2E T11N R3E

YYOOLLOO CC OO

SSUUTTTTEE RR CC OO

31.5 R

Contract No. 14-06-200-991A-R-1

Exhibit B

Giovannetti, B. E.

725-202-55

Note: The Public Land Survey depicted here

was digitized from USGS topographic maps.

0 0.5 1

Miles

Date: November 8, 2004

File Name: N:\districts\contracts\giovannetti_be\giovannetti_be.mxd

Contractor's Service Area

Point of Diversion
#### § 3513.23 May BLM order a suspension of operations and production (conservation concerns)?

Yes, BLM may order a suspension of operations and production.
Sacramento

River

SSUUTTTTEE RR CCOO

YYOOLL OO CC OO

36.7 L

36.45 L

3 2

35 34

T11N R2E

T12N R2E

Contract No. 14-06-200-2398A-R-1

Exhibit B

Driver, John A. and Clare M.

725-202-28

Note: The Public Land Survey depicted here

was digitized from USGS topographic maps.

0 0.25 0.5

Miles

Contractor's Service Area

Point of Diversion

Date: November 1, 2004

File Name: N:\districts\contracts\driver_john_clare_2398A\driver_john_clare2398.mxd
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This  schedule  contains  summary  financial  information  extracted  from 
     ULTRONICS CORPORATION September 30, 1996 financial  statements and  is
     qualified in its entirety by reference to such financial statements.
</LEGEND>

<CIK>                         0000894556
<NAME>                        ULTRONICS CORPORATION

       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996

<PERIOD-END>                                   SEP-30-1996

<CASH>                                                   0
<SECURITIES>                                             0
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         0
<PP&E>                                                   0
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                           0
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                             1,000
<OTHER-SE>                                          (1,000)
<TOTAL-LIABILITY-AND-EQUITY>                             0
<SALES>                                                  0
<TOTAL-REVENUES>                                         0
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                          0
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                      0
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                             0
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        


</TABLE>
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DAY HIGH

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LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

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

APRIL 2017 WATER QUALITY REPORT RUN DATE: May 3, 2017

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

UNION ISLAND ON OLD RIVER AT MIDDLE RIVER
#### § 3861.2-1 Particulars to be observed in mineral surveys.

(a) The following particulars should be observed in the survey of every mining claim:

(1) The exterior boundaries of the claim, the number of feet claimed along the vein, and, as nearly as can be ascertained, the direction of the vein, and the number of feet claimed on the vein in each direction from the point of discovery or other well-defined place on the claim should be represented on the plat of survey and in the field notes.

(2) The intersection of the lines of the survey with the lines of conflicting prior surveys should be noted in the field notes and represented upon the plat.

(3) Conflicts with unsurveyed claims, where the applicant for survey does not claim the area in conflict, should be shown by actual survey.

(4) The total area of the claim embraced by the exterior boundaries should be stated, and also the area in conflict with each intersecting survey, substantially as follows:

| | Acres |
| --- | --- |
| Total area of claim | 10.50 |
| Area in conflict with survey No. 302 | 1.56 |
| Area in conflict with survey No. 948 | 2.33 |
| Area in conflict with Mountain Maid lode mining claim, unsurveyed | 1.48 |

(b) It does not follow that because mining surveys are required to exhibit all conflicts with prior surveys the area of conflict with prior surveys the area of conflict are to be excluded. The field notes and plat are made a part of the application for patent, and care should be taken that the description does not inadvertently exclude portions intended to be retained. The application for patent should state the portions to be excluded in express terms.
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S

N O . W R
- 4 7 , 5 9 3
- 0 2
E X P A R T E R A N D A L F R A N K L I N C A R A W A Y , A p p l i c a n t
O N A P P L I C A T I O N F O R A W R I T O F H A B E A S C O R P U S

C A U S E N O . 1 9 , 0 7 2 B I N T H E 9 1 D I S T R I C T C O U R T F R O M E A S T L A N D C O U N T Y

S T

P e r c u r i a m . O R D E R Pursuant to the provisions of Article 11. 0 7 o f t h e Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and was
sentenc ed to ninety -nine y ear s’ imprisonment. The Eleventh Court of Appea ls af fi rm ed his conviction. Caraway v. State , No. 11-96-00189- CR (Tex. App.—Eastland Dec. 17, 1998)

. Ba sed on the trial c ourt’s finding s of fac t a s well as this Court’s independe nt reviewof the entire rec ord, we deny relief on g rounds one, two, four, and five. Ground three is dismiss ed pursuant to Texas Code of Criminal Procedure Art. 11.07 §4. Filed: Aug ust 24, 2016 Do not publish
O pinion filed Jul y 14 , 2022



### In The 

# Eleventh Court of Appeals

___ ___ ____ No. 11

- 2 2

- 00 0 73

- C V

____ __ ____ IN THE INTEREST OF G.R

. , A C HILD

On Appeal from the 3 26 th District Court Taylor County, Texas Trial Court Cause No. 10 112

- CX

M E M O R A N D U M O P I N I O N This is an appeal from a final order in which the trial court terminated the parental rights of the parents of G.R

. See T EX

. F AM

. C ODE A NN

. § 161.001 (West
20 2 2 ). The mo ther filed a notice of appeal. We affirm

. Appellant ’s court

- appointed counsel has filed a motion to withdraw and a supporting brief in which he professionally and conscientiously examines the record
and applicable law and conclude s that the appeal presents no issues of arguable merit
and is therefore frivolous. The brief meets the requirements of Anders v. California , 386 U.S. 738 (1967), by presenting a professional evaluation of the record and demonstrating why there are no arguable grounds to be advanced. See In re2 Schulman , 252 S.W.3d 403 , 406

– 08 (Tex. Crim. App. 2008); High v. State , 573
S.W.2d 807 , 812 (Tex. Crim. App. [Panel Op.] 1978). In light of a holding by the Texas Supreme Court, ho wever, an Anders motion to withdraw “ may be premature ” if filed in the court of appeals under the circumstances presented in this case. See In
re P.M. , 520 S.W.3d 24, 27 (Tex. 2016). The court in P.M. stated that “a ppointed
counsel ’ s obligations can be s atisfied by filing a petition for review that satisfies the
standards for an Anders brief. ” I d. at 27

– 28. Appellant’s counsel provided Appellant with a copy of the brief and the
motion to withdraw

. In compliance with Kelly v. State , 436 S.W.3d 313, 318

– 20 (Tex. Crim. App. 2014), counsel provided Appellant with a copy of the reporter’s
record and the clerk’s record in this cause

. Counsel also informed Ap pellant of h er right to review the record and file a pro se response to counsel’s brief. W e conc lude that Appellant’s counsel has satisfied h is dut ies under Anders , Schulman , and Kelly

. We note that Appellant has not f ile d a pro se response to counsel’s Anders
brief and motion to withdraw. F ollowing the procedures outlined in Anders and
Schulman , we have independently reviewed the record in this cause , and we agree that the appeal is frivolous

. However, in light of P.M. , we must deny the motion to withdraw that was filed by Appellant ’s court

- appointed counsel. See P.M. , 520
S.W.3d at 27

. Accordingly, we deny counsel’s motion to withdraw, and we affirm the trial
court’s order of termination

.

PER CURIAM

Jul y 14 , 2022
Panel consists of: Bailey, C.J., Trott er , J., and W illiams, J.
EPA Reg. No. 8622-27
#### § 3733.1 Financial risk of operation.

The Act in section 3 provides in part as follows:

Prospecting and exploration for and the development and utilization of mineral resources authorized in this act shall be entered into or continued at the financial risk of the individual party or parties undertaking such work.

[35 FR 9737, June 13, 1970]
Attachment 2 – Structure
# National Hunting and Fishing Day, 2004

                        [                        **Editorial Note:**                         Proclamation 7822, originally published on pages                     

                        58249-58250 in the                         **Federal Register**                         of Wednesday, September 29,                    

2004, is being reprinted with White House corrections.]

America is a land of majestic beauty, and we take pride in our wildlife, forests, mountains, lakes, rivers, and coastlines. Outdoor recreation is an important part of our Nation's heritage. On National Hunting and Fishing Day, we celebrate the remarkable progress we have made in conserving our environment and recognize those who have worked to conserve our natural resources.

America's hunters and anglers represent the great spirit of our country and are among our Nation's foremost conservationists. These citizens have worked to protect habitat and restore fish and wildlife populations. They volunteer their time, talents, and energy to countless conservation projects, because they recognize the importance of maintaining the natural abundance of our country for future generations.

My Administration is committed to achieving a cleaner, safer, and healthier environment for all Americans, including our hunters and anglers. My Administration has expanded opportunities to hunt and fish at national wildlife refuges and improved habitat on public and private lands. We have cut phosphorus releases into our rivers and streams, and I signed the Healthy Forests Restoration Act to help protect our forests from the risk of wildfires.

Americans are blessed to live amid many wonders of nature, and we have a responsibility to be good stewards of the land. I commend all who advance conservation and help our citizens enjoy the benefits of our environment. These efforts ensure that our national heritage remains a source of pride for our citizens, our communities, and our Nation.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim September 25, 2004, as National Hunting and Fishing Day. I call upon the people of the United States to join me in recognizing the contributions of America's hunters and anglers, and all those who work to conserve our Nation's fish and wildlife resources.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day of September, in the year of our Lord two thousand four, and of the Independence of the United States of America the two hundred and twenty-ninth.

[FR Doc. 04-22379

Billing code 3195-01-P