alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Neil Dougherty, as Executor of Rose Dougherty, Deceased, Appellant, v. J. & H. Taxi Corp. et al., Respondents.

Consolidated actions against the alleged owners of a truck and taxicab which collided, causing personal injuries to a passenger in the taxicab, who died more than three years after the accident. The appellant separately stated two causes of action against respondent, J. & H. Taxi Corp., one to recover damages for personal injuries and the other for damages resulting from the passenger’s death. The complaint in the action against respondent Seigle did not attempt to separate the causes of action for personal injuries and wrongful death. The appellant failed to adduce proof that death resulted from injuries sustained in the collision. At the close of the plaintiff’s ease, motions were granted dismissing the complaint against respondent Seigle, and dismissing the cause of action for wrongful death against respondent J. & H. Taxi Corp. On the separate cause of action to recover damages for personal injuries, the jury returned a verdict in favor of respondent J. & H. Taxi Corp. Judgment, insofar as it dismisses the complaints for personal injuries, reversed on the law and the facts, and a new trial granted, with costs to appellant to abide the event. The complaint against Respondent Seigle sufficiently set forth a cause of action for conscious pain and suffering. In any event, the court in its discretion should have granted appellant’s motion for leave to amend. As to the cause of action against respondent J. & H. Taxi Corp., the court erred in refusing to charge, as requested, that irrespective of the negligence of the operator of the truck, the plaintiff was entitled to a verdict if there was any negligence, no matter how slight, on the part of the taxicab driver and the passenger was without fault. The interests of justice require a new trial. Lewis, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.
### §§141 to 152. Repealed. Feb. 7, 1927, ch. 66, §6, 44 Stat. 1058

Section 141, act Oct. 2, 1917, ch. 62, §1, 40 Stat. 297, related to permits to prospect.

Section 142, act Oct. 2, 1917, ch. 62, §2, 40 Stat. 298, related to patents to permittees.

Section 143, act Oct. 2, 1917, ch. 62, §3, 40 Stat. 298, related to leases to permittees for campsites.

Section 144, act Oct. 2, 1917, ch. 62, §4, 40 Stat. 299, related to cancellation of permits.

Section 145, act Oct. 2, 1917, ch. 62, §5, 40 Stat. 299, related to restrictions on leasehold interests.

Section 146, act Oct. 2, 1917, ch. 62, §§6, 7, 40 Stat. 299, related to reservations in leases.

Section 147, act Oct. 2, 1917, ch. 62, §8, 40 Stat. 300, related to forfeitures in leases.

Section 148, act Oct. 2, 1917, ch. 62, §9, 40 Stat. 300, related to potassium salts deposits.

Section 149, act Oct. 2, 1917, ch. 62, §10, 40 Stat. 300, related to disposition of royalties and rentals.

Section 150, act Oct. 2, 1917, ch. 62, §11, 40 Stat. 300, related to rules and regulations.

Section 151, act Oct. 2, 1917, ch. 62, §12, 40 Stat. 300, related to regulations for disposition of deposits.

Section 152, act Oct. 2, 1917, ch. 62, §13, 40 Stat. 300, related to provisions in leases for regulation of price and disposition of minerals.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 18-3335

___________________________

United States of America

lllllllllllllllllllllPlaintiff - Appellee

v.

Peter William Ihnken

lllllllllllllllllllllDefendant - Appellant

 ____________

Appeal from United States District Court 

for the District of North Dakota - Fargo

 ____________

 Submitted: September 5, 2019

Filed: September 10, 2019

[Unpublished]

____________

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

____________

PER CURIAM.

Peter Ihnken appeals his conviction and the sentence the district court imposed

1

after he pleaded guilty to a felon-in-possession offense, pursuant to a plea agreement

The Honorable James M. Moody, Jr., United States District Judge for the

1

Eastern District of Arkansas, sitting by designation in the District of North Dakota.
containing a partial appeal waiver. His counsel has moved for leave to withdraw, and

has filed a brief under Anders v. California, 386 U.S. 738 (1967), raising issues

regarding whether Ihnken’s prior felony convictions prohibited him from possessing

firearms or ammunition; whether his sentence should have been enhanced under the

Armed Career Criminal Act; and whether he was misled, at the change-of-plea

hearing, into believing he would receive a shorter prison term. We conclude that the

appeal waiver is valid and enforceable, and that it applies to the issues counsel raises

on appeal. See United States v. Scott, 627 F.3d 702, 704 (8th Cir. 2010) (de novo

review of validity and applicability of appeal waiver); United States v. Andis, 333

F.3d 886, 890-91 (8th Cir. 2003) (en banc) (appeal waiver will be enforced if appeal

falls within scope of waiver, defendant knowingly and voluntarily entered into plea

agreement and waiver, and enforcing waiver would not result in miscarriage of

justice).

Having reviewed the record pursuant to Penson v. Ohio, 488 U.S. 75 (1988),

we find no non-frivolous issues for appeal outside the scope of the appeal waiver. 

Accordingly, we dismiss this appeal, and we grant counsel leave to withdraw.

______________________________

-2-
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.875 Accumulation. ( a ) An originating good or material produced in the territory of one or both of the Parties that is incorporated into a good in the territory of the other Party will be considered to originate in the territory of the other Party.
( b ) A good that is grown, produced, or manufactured in the territory of one or both of the Parties by one or more producers is an originating good if the good satisfies the requirements of § 10.873 of this subpart and all other applicable requirements of General Note 31, HTSUS.
<PAGE>   1
EXHIBIT 10.4 AMENDMENT TO THE EMPLOYMENT AGREEMENT OF MICHAEL J. CUNNINGHAM


                                    AMENDMENT
                                    ---------

         Reference is made to the Employment Agreement dated as of December 9,
1997 by and between Compass International Services Corporation ("Compass") and
Michael J. Cunningham ("Employee") (the "Agreement").

         4.       The Agreement is hereby amended as so as to change Employee's
                  title from "Chief Executive Officer" to "Chairman".
                  Accordingly, all references to "Chief Executive Officer" are
                  changed to read "Chairman".

         5.       Except as amended hereby, the Agreement remains in full force
                  and effect.

         IN WITNESS WHEREOF, the parties have executed this Amendment as of the
6th day of December, 1998.


         MICHAEL J. CUNNINGHAM        COMPASS INTERNATIONAL SERVICES
                                      CORPORATION


         _________/S/____________     ______________/S/___________________
                                          By:
#### White Plains Development Company, Appellant, v. Emma E. Reed and Others, Defendants. Scarsdale Estates, Respondent.

Motion denied, with ten dollars costs. Present—Jenks, P. J., Burr, Thomas, Stapleton and Rich, JJ.
|  |
|--|

|  |  |
|--|--|

| ** ** |
|------------|

|   | ****Robert F. Kennedy Assassination(Summary)**** 
138 pages

Senator Robert F. Kennedy was assassinated on June 5, 1968, in Los Angeles, California, after winning the California primary for the upcoming Presidential election. Sirhan Sirhan is serving a life sentence for the commission of the crime.

**Part 1a**
**Part 1b**
**Part 1c**

Introduction
Reading Room Index - A   B   C   D   E    F   G- H   I    J    K   L   M   N   -O   P   Q   R   S   T   U-V   W   X   Y   Z   
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All of these publications are in PDF (Portable Document Format). To view them you will need to have the Adobe Acrobat Reader plug-in installed on your computer. The Reader can be downloaded at no cost from Adobe's site on the World Wide Web.   If you have difficulty accessing any material on this site because of a disability, please contact us in writing or via telephone and we will work with you to make the information available.

Freedom of Information/Privacy Act Section    202-324-5520 |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
§ 207.20 Investigative activity following preliminary determination. ( a ) If the Commission's preliminary determination is affirmative, the Director shall continue investigative activities pending notice by the administering authority of its preliminary determination under section 703(b) or section 733(b) of the Act.
( b ) The Director shall circulate draft questionnaires for the final phase of an investigation to parties to the investigation for comment. Any party desiring to comment on draft questionnaires shall submit such comments in writing to the Commission within a time specified by the Director. All requests for collecting new information shall be presented at this time. The Commission will disregard subsequent requests for collection of new information absent a showing that there is a compelling need for the information and that the information could not have been requested in the comments on the draft questionnaires.
[61 FR 37832, July 22, 1996, as amended at 79 FR 35925, June 25, 2014]
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case Number: 20-23391-CIV-MARTINEZ

ADT LLC and THE ADT SECURITY

CORPORATION,

Plaintiffs,

v. 

VIVINT SMART HOME, INC. F/K/A MOSAIC

ACQUISITION CORP.; and LEGACY VIVINT

SMART HOME, INC. F/K/A VIVINT SMART

HOME, INC.,

Defendants.

_____________________________________/

ORDER ON JOINT MOTION FOR TELEPHONIC SCHEDULING CONFERENCE

THIS MATTER is before the Court on the parties’ Joint Motion for Telephonic 

Scheduling Conference (“Joint Motion”). (ECF No. 93). This matter was recently reassigned 

from U.S. District Court Judge Marcia G. Cooke to Judge Jose E. Martinez. (See ECF No. 92). 

The parties move for the Court to set a “scheduling conference to discuss the upcoming trial date 

and remaining pretrial deadlines.” (ECF No. 93 ¶ 4). After careful consideration, it is hereby 

ORDERED AND ADJUDGED that the parties’ Joint Motion, (ECF No. 93), is DENIED. 

The remaining pretrial deadlines and trial period are unchanged. (See ECF Nos. 89 & 79). Closer 

to the trial period, the Court will file an order on its trial procedures. 

DONE AND ORDERED in Miami, Florida, this 16th day of September, 2022

____________________________________

JOSE E. MARTINEZ

UNITED STATES DISTRICT JUDGE

Copies furnished to:

Magistrate Judge Becerra & All counsel of record

Case 1:20-cv-23391-JEM Document 94 Entered on FLSD Docket 09/16/2022 Page 1 of 1
Home > NRC Library > ADAMS Public Documents

# 02/13/01 - NAC-UMS CoC, Amendment No. 1, Final Rule Supporting Information (CoC, Technical Specifications, and SER)

Accession Number: ML010230249

Date Released: Thursday, February 22, 2001

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML010440434 - 02/13/01 - Ltr to T. Thompson, NAC  From: E.W. Brach  Subject: Amendment No. 1 (Maine Yankee Site-Specific Spent Fuels) to Certificate of Compliance No. 1015 for the NAC, UMS Universal Storage Systems  Enclosures: 1) CoC No. 1015, Amend. 1; 2) SER (5 page(s), 2/13/2001)
    - ML010260194 - CoC No. 72-1015, Amendment No. 1 (Final Rule), NAC International Inc, Safety Analysis Report for the UMS Universal Storage System. (4 page(s), 2/13/2001)
    - ML010260245 - Final Technical Specifications for NAC-UMS, Amendment No. 1 (92 page(s), 2/13/2001)
    - ML010400311 - Final Safety Evaluation Report for the NAC-UMS Part 72 CoC, Amendment No. 1 (34 page(s), 2/13/2001)

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NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov/OPA

No. 01-059 May 16, 2001

NRC SCHEDULES MEETINGS IN PAHRUMP, LAS VEGAS TO EXPLAIN

HEARING PROCESS FOR CONSIDERING POSSIBLE WASTE REPOSITORY

The Nuclear Regulatory Commission will hold two public meetings in Nevada on May 22 and

23. The purpose of the meetings is to explain the hearing process that the agency would use to decide

whether to issue a construction authorization for a possible high-level radioactive waste repository, if

the Department of Energy submits an application to build such a repository at Yucca Mountain, Nevada. 

The May 22 meeting will be held from 6:30 to 9 p.m. (PDT) at the Mountain View Casino and

Bowl, 1750 Pahrump Valley Boulevard, Pahrump.

The May 23 meeting will be held from 1 to 4 p.m. (PDT) at the Regional Transportation

Commission Building (next to the Clark County Government Center), Room 108, 600 South Grand

Central Parkway, Las Vegas.

The meetings will begin with an overview of the events that would have to take place before

NRC would initiate a formal hearing, together with a general description of the NRCís licensing role

and its hearing process. These presentations will be followed by a question-and-answer period.

Francis X. (Chip) Cameron, Special Counsel for Public Liaison, NRC Office of the General

Counsel, will serve as facilitator for both meetings.

###
### §1202. Statement of purpose

It is the purpose of this chapter to—

(a) establish a nationwide program to protect society and the environment from the adverse effects of surface coal mining operations;

(b) assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances thereto are fully protected from such operations;

(c) assure that surface mining operations are not conducted where reclamation as required by this chapter is not feasible;

(d) assure that surface coal mining operations are so conducted as to protect the environment;

(e) assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;

(f) assure that the coal supply essential to the Nation's energy requirements, and to its economic and social well-being is provided and strike a balance between protection of the environment and agricultural productivity and the Nation's need for coal as an essential source of energy;

(g) assist the States in developing and implementing a program to achieve the purposes of this chapter;

(h) promote the reclamation of mined areas left without adequate reclamation prior to August 3, 1977, and which continue, in their unreclaimed condition, to substantially degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public;

(i) assure that appropriate procedures are provided for the public participation in the development, revision, and enforcement of regulations, standards, reclamation plans, or programs established by the Secretary or any State under this chapter;

(j) provide a means for development of the data and analyses necessary to establish effective and reasonable regulation of surface mining operations for other minerals;

(k) encourage the full utilization of coal resources through the development and application of underground extraction technologies;

(l) stimulate, sponsor, provide for and/or supplement present programs for the conduct of research investigations, experiments, and demonstrations, in the exploration, extraction, processing, development, and production of minerals and the training of mineral engineers and scientists in the field of mining, minerals resources, and technology, and the establishment of an appropriate research and training center in various States; and

(m) wherever necessary, exercise the full reach of Federal constitutional powers to insure the protection of the public interest through effective control of surface coal mining operations.

(Pub. L. 95–87, title I, §102, Aug. 3, 1977, 91 Stat. 448.)
### §1843. Information on employment conditions

Each farm labor contractor, without regard to any other provisions of this chapter, shall obtain at each place of employment and make available for inspection to every worker he furnishes for employment, a written statement of the conditions of such employment as described in sections 1821(b) and 1831(b) of this title.

(Pub. L. 97–470, title IV, §403, Jan. 14, 1983, 96 Stat. 2595.)

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

#### Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.
### Part A—United States Capitol Preservation Commission
### §4337. Transfer of funds by Chairman of Senate Committee on Appropriations

#### (a) In general

(1) The Chairman of the Appropriations Committee of the Senate may, during any fiscal year, at his or her election transfer funds from the appropriation account for salaries for the Appropriations Committee of the Senate, to the account, within the contingent fund of the Senate, from which expenses are payable for such committee.

(2) The Chairman of the Appropriations Committee of the Senate may, during any fiscal year, at his or her election transfer funds from the appropriation account for expenses, within the contingent fund of the Senate, for the Appropriations Committee of the Senate, to the account from which salaries are payable for such committee.

#### (b) Availability of funds; times of transfer

Any funds transferred under this section shall be—

(1) available for expenditure by such committee in like manner and for the same purposes as are other moneys which are available for expenditure by such committee from the account to which the funds were transferred; and

(2) made at such time or times as the Chairman shall specify in writing to the Senate Disbursing Office.

#### (c) Effective date

This section shall take effect on October 1, 1998, and shall be effective with respect to fiscal years beginning on or after that date.

(Pub. L. 105–275, title I, §11, Oct. 21, 1998, 112 Stat. 2435.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 72d–1 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Congressional Operations Appropriations Act, 1999, which is title I of the Legislative Branch Appropriations Act, 1999.
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Telephone 301/415-820

 Washington, DC 20555-0001 E-mail: opa@nrc.gov

 Web Site: www.nrc.gov

No. 03-080 June 13, 2003

NRC STAFF ISSUES GENERIC LETTER ON NUCLEAR

POWER PLANT CONTROL ROOM HABITABILITY ISSUES

The Nuclear Regulatory Commission staff has issued a Generic Letter asking all nuclear

power plant licensees for information on control room habitability.

Systems to maintain control room habitability ensure that plant operators can remain safe

and take necessary actions to control the reactor and shut it down, if necessary. One important

factor in habitability is the control room’s integrity, and recent improved testing methods have

shown the rooms are not as leak-tight as first thought. The known deficiencies, however, have

either been repaired or controlled by compensatory measures, and therefore do not adversely

affect public health and safety. 

The Letter has three main objectives:

1) Alert addressees to relevant findings on the issue;

2) Emphasize the importance of testing to verify control room habitability; and

3) Request and collect information that demonstrates control rooms meet regulatory

requirements, and that measures are in place to maintain that compliance.

Licensees have 180 days to respond to the Letter. A draft letter was published for

comment in the Federal Register on May 9, 2002, and responses were incorporated into the final

document. Several public meetings and workshops have also provided stakeholders with

opportunities to comment on the issue. The NRC’s Advisory Committee on Reactor Safeguards

reviewed the Generic Letter in April. The Generic Letter will be available electronically on the

NRC’s web site at this address:

http://www.nrc.gov/reading-rm/doc-collections/gen-comm/gen-letters/ .

###
### §95b. Transferred

#### **Editorial Notes**

#### Codification

Section 95b was editorially reclassified as section 5507 of this title.