alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF A PPEAL S EI GHTH D I STRI CT OF TEXAS ELPASO, TEXAS
J OSE M. DE L A ROSA, J R., Appellant,
v.
AJ AN TI GER PROP ERTI ES, L .T.D., Appellee
. § § § § § § No. 08-10-00044- CV

Appea l from the County Court at L aw No. 6 of El Paso County , Texas (TC# 2009-1098)

M E M O R A N D U M O P I N I O N Pending be fore the Court is an ag ree d motion to affirm the trial cour t’s judgme nt pursuant to T E X .R.A P P .P. 43.2(a). Ac cordingto the motion the parties have rea ched a n ag ree ment to settle and compromise the underly ing dispute, a

nd reque st that this C ourt enter judgme nt affir

ming the tr ial court’s judg ment. The motion states: The pa rties have settled and c ompromised their disputes [in t his] appea l, but as part of

the settlement, the trial c ourt judg ment is to be aff irmed in whole and re main in effe ct. Once the terms and pa y ments of the settlement a

re satisfied, the par ties will release the judg ment as to the par ty who has satisfied a

nd completed the se ttlement. Texas Rule of Appellate Proc edure 43.2 provides the ty pes of judg ments this C ourt has authority to enter: (a) aff

irm the trial cour

t’s judgme nt in whole or in part; (b) modify

the trial cour

t’s judgme nt and af

firm it as modified; (c) reve rse the tr ial court’s judg ment in whole or in par t and re nder the judgme nt that the trial court should have rende red;(d) reve rse the tr ial court’s judg ment and re mand the ca se for further proce eding s; (e) vacate the trial c ourt’s judg ment and dismiss the case; or (f) dismiss the appe al. T E X .R.A P P .P. 43.2. In this inst ance , the par

ties have r equeste d that we e x erc ise our Rule 43.2(a ) authority pursuant to a se ttlement ag ree ment. Havingconsidere d the motion, and as it otherwise c omplied with the voluntary

dismiss al re quirements of Rule 42.1( a)( 2), we conclude the motion should be GRANTED. The ref

ore, w ithout taking any

additional action with re g ard to the me rits of the appea l, the trial court’ s judgme nt will be affir med in acc ordanc e with the par ties settlement ag ree ment. SeeT E X .R.A P P .P. 42.1(2)(A) ; 43.2(a). A s the motion does not indicate the par ties have a g ree d otherwise, costs of appe al will be paid by the Appellant. SeeT E X .R.A P P .P. 42.1(d). Also pendingbefor e the Court is Appellee Ajan Tig er Prope rties’ motion to dismi ss the restric ted appe al. Having considere d the motion, and g iven the disposition of the case in light of the par ties’ settlement ag ree ment, we DE NY this motion as moot.

J une 30, 2010 DAVI D WEL L I NGTONCHEW, C hief Just ice Be fore Chew, C.J ., McClure, a nd Rivera, JJ
.

-2-
NRC NEWS

 UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-02-045 September 12, 2002

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

NRC PROPOSES $3,000 CIVIL PENALTY AGAINST PUERTO RICO COMPANY

FOR VIOLATION OF NRC RADIATION SAFETY REQUIREMENTS

 The Nuclear Regulatory Commission staff has proposed a $3,000 civil penalty against Plaza

Nuclear Imaging of Guaynabo, Puerto Rico, for violation of NRC safety requirements related to

contamination monitoring of radioactive materials.

 In a letter dated September 12, Luis A. Reyes, administrator of the NRC’s Region II office in

Atlanta, told company officials that NRC inspections and an investigation by the agency’s Office of

Investigations had concluded that five violations had occurred. The NRC said the company failed to

use an adequate detector to detect radioactive contamination on wipe samples; failed to survey weekly

as required for removable contamination in areas where radiopharmaceuticals were routinely

administered, used or stored; failed to test sealed radioactive sources for leakage at required intervals;

failed to monitor surfaces of incoming labeled packages for radioactive contamination; and failed to

maintain complete and accurate records of monitoring of incoming labeled packages. 

 The NRC said no actual radiological consequences occurred as a result of the violations but that the

civil penalty was being proposed because NRC investigators found that the radiation safety officer at

the facility knew and understood requirements for contamination surveys but chose to proceed with

licensed activities in violation of NRC requirements from June, 2000, until the NRC’s intervention in

August of 2001.

 The company has 30 days from receipt of the Notice of Violation to either pay the civil penalty or to

protest its imposition.

 A copy of the letter, its enclosures and any company responses will be made available from the

NRC’s Region II public affairs office at the above email and telephone addresses and electronically

from the NRC Public Document Room in Washington, D.C., at

http://www.nrc.gov/reading-rm/ADAMS.html . 

###
### §1343. Ocean discharge criteria

#### (a) Issuance of permits

No permit under section 1342 of this title for a discharge into the territorial sea, the waters of the contiguous zone, or the oceans shall be issued, after promulgation of guidelines established under subsection (c) of this section, except in compliance with such guidelines. Prior to the promulgation of such guidelines, a permit may be issued under such section 1342 of this title if the Administrator determines it to be in the public interest.

#### (b) Waiver

The requirements of subsection (d) of section 1342 of this title may not be waived in the case of permits for discharges into the territorial sea.

#### (c) Guidelines for determining degradation of waters

(1) The Administrator shall, within one hundred and eighty days after October 18, 1972 (and from time to time thereafter), promulgate guidelines for determining the degradation of the waters of the territorial seas, the contiguous zone, and the oceans, which shall include:

(A) the effect of disposal of pollutants on human health or welfare, including but not limited to plankton, fish, shellfish, wildlife, shorelines, and beaches;

(B) the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their byproducts through biological, physical, and chemical processes; changes in marine ecosystem diversity, productivity, and stability; and species and community population changes;

(C) the effect of disposal, of pollutants on esthetic, recreation, and economic values;

(D) the persistence and permanence of the effects of disposal of pollutants;

(E) the effect of the disposal of varying rates, of particular volumes and concentrations of pollutants;

(F) other possible locations and methods of disposal or recycling of pollutants including land-based alternatives; and

(G) the effect on alternate uses of the oceans, such as mineral exploitation and scientific study.

(2) In any event where insufficient information exists on any proposed discharge to make a reasonable judgment on any of the guidelines established pursuant to this subsection no permit shall be issued under section 1342 of this title.

(June 30, 1948, ch. 758, title IV, §403, as added Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 883.)

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

#### Discharges From Point Sources in United States Virgin Islands Attributable to Manufacture of Rum; Exemption; Conditions

Discharges from point sources in the United States Virgin Islands in existence on Aug. 5, 1983, attributable to the manufacture of rum not to be subject to the requirements of this section under certain conditions, see section 214(g) of Pub. L. 98–67, set out as a note under section 1311 of this title.

#### **Executive Documents**

#### Territorial Sea and Contiguous Zone of United States

For extension of territorial sea and contiguous zone of United States, see Proc. No. 5928 and Proc. No. 7219, respectively, set out as notes under section 1331 of Title 43, Public Lands.
#### § 2610.203 Documentation of fees and expenses.

The application shall be accompanied by full and itemized documentation of the fees and expenses, including the cost of any study, analysis, engineering report, test, project or similar matter, for which an award is sought. A separate itemized statement shall be submitted for each professional firm or individual whose services are covered by the application, showing the hours spent in connection with the proceeding by each individual, a description of the specific services performed, the rates at which each fee has been computed, any expenses for which reimbursement is sought, the total amount claimed, and the total amount paid or payable by the applicant or by any other person or entity for the services provided. The adjudicative officer may require the applicant to provide vouchers, receipts, logs, or other documentation for any fees or expenses claimed, pursuant to § 2610.306.
No. 41,473

#### Theodore Schmid, *Appellant,*v. Guy L. Eslick, *Appellee.*

(345 P. 2d 633)

Opinion filed November 7, 1959.

A. *L. Foster,*of Parsons, was on the brief for the appellant.

A. R. *Lamb,*of Coffeyville, argued the cause, and *Paul A. Lamb,*of Coffey-ville, was with him on the brief for the appellee.

The opinion of the court was delivered by

Price, J.:

This was an action to recover for personal injuries sustained in an automobile collision.

*530The jury returned a general verdict for defendant and answered two special questions.

Post-trial motions, including a motion for new trial, being overruled, plaintiff has appealed.

The case has been here before. In the first trial the jury also returned a- general verdict for defendant and answered special questions. Plaintiff appealed. This court reversed and directed a new trial on the ground that two instructions, relating to “joint enterprise” and “unavoidable accident,” were, under the evidence, erroneously given. *(Schmid v. Eslick,*181 Kan. 997, 317 P. 2d 459.)

The facts of the case are detailed at length in our former opinion and there is no occasion to repeat them here. At the second trial the two mentioned instructions were not given, but otherwise, it is conceded, the court gave substantially the same instructions as at the first trial. In addition to the general verdict for defendant the jury found (1) that the automobile in which plaintiff was riding at the time of the collision was being driven at a rate of speed greater than was reasonable and prudent, and (3) that plaintiff’s injuries were not occasioned by the negligence of defendant.

In this appeal plaintiff alleges eight assignments of error, most of which have to do with instructions given and those refused. We have examined all contentions with respect to these matters and find them to be without merit. Detailed discussion of them would serve no useful purpose. *(Domann v. Pence,*183 Kan. 135, 138, 325 P. 2d 321.) Defendant has been absolved of actionable negligence by two juries. An examination of the record discloses that the trial court fully and properly instructed the jury on all matters in issue, and that plaintiff had his “day in court” and received a fair trial.

We find no error in the record and the judgment is affirmed.
### §10272. Falsification or concealment of facts

Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or device, any material fact in any application for assistance submitted pursuant to this chapter or in any records required to be maintained pursuant to this chapter shall be subject to prosecution under the provisions of section 1001 of title 18.

(Pub. L. 90–351, title I, §1102, as added Pub. L. 96–157, §2, Dec. 27, 1979, 93 Stat. 1219.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 3795a of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

Provisions similar to this section were contained in former section 3792 of Title 42, The Public Health and Welfare, prior to the general amendment of this chapter by Pub. L. 96–157.
§ 430.302 Coverage. This subpart applies to— ( a ) All senior executives covered by subchapter II of chapter 31 of title 5, United States Code; and
( b ) Agencies as defined in § 430.303.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION FOR REHEARING

Appellate case name: Zsolt Petko and Zsuzsanna Adam v. Carelton Courtyard

Appellate case number: 01-17-00918-CV

Trial court case number: CV-0077741

Trial court: County Court at Law No. 2 of Galveston County

The panel has voted to deny appellants’ Motion for Rehearing of the memorandum 

opinion and judgment, issued on April 3, 2018.

It is ordered that the motion for rehearing is denied.

Judge’s signature: /s/ Laura C. Higley

 Acting for the Panel

Panel consists of: Justices Jennings, Keyes, and Higley.

Date: July 3, 2018
### SUBCHAPTER I—CRIME IDENTIFICATION TECHNOLOGY
### §747b. Repealed. Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8512(a)(7), Jan. 1, 2021, 134 Stat. 4759

Section, act Feb. 25, 1929, ch. 313, §1, 45 Stat. 1261; 1939 Reorg. Plan No. II, §2(a), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1432; Pub. L. 89–670, §6(b)(1), Oct. 15, 1966, 80 Stat. 938, related to traveling expenses incurred by lighthouse keepers at isolated stations in obtaining medical attention.
### §10191. Crime prevention campaign grant

#### (a) Grant authorization

The Attorney General may provide a grant to a national private, nonprofit organization that has expertise in promoting crime prevention through public outreach and media campaigns in coordination with law enforcement agencies and other local government officials, and representatives of community public interest organizations, including schools and youth-serving organizations, faith-based, and victims' organizations and employers.

#### (b) Application

To request a grant under this section, an organization described in subsection (a) shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require.

#### (c) Use of funds

An organization that receives a grant under this section shall—

(1) create and promote national public communications campaigns;

(2) develop and distribute publications and other educational materials that promote crime prevention;

(3) design and maintain web sites and related web-based materials and tools;

(4) design and deliver training for law enforcement personnel, community leaders, and other partners in public safety and hometown security initiatives;

(5) design and deliver technical assistance to States, local jurisdictions, and crime prevention practitioners and associations;

(6) coordinate a coalition of Federal, national, and statewide organizations and communities supporting crime prevention;

(7) design, deliver, and assess demonstration programs;

(8) operate McGruff-related programs, including McGruff Club;

(9) operate the Teens, Crime, and Community Program; and

(10) evaluate crime prevention programs and trends.

#### (d) Authorization of appropriations

There are authorized to be appropriated to carry out this section—

(1) for fiscal year 2007, $7,000,000;

(2) for fiscal year 2008, $8,000,000;

(3) for fiscal year 2009, $9,000,000; and

(4) for fiscal year 2010, $10,000,000.

(Pub. L. 90–351, title I, §519, as added Pub. L. 109–248, title VI, §626, July 27, 2006, 120 Stat. 636.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 3765 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 519 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 208; Pub. L. 91–644, title I, §7(7), Jan. 2, 1971, 84 Stat. 1888; Pub. L. 93–83, §2, Aug. 6, 1973, 87 Stat. 214; Pub. L. 94–273, §5(5), Apr. 21, 1976, 90 Stat. 377; Pub. L. 94–503, title I, §125, Oct. 15, 1976, 90 Stat. 2422; Pub. L. 95–115, §9(a), Oct. 3, 1977, 91 Stat. 1060, related to annual reports to President and Congress, prior to the general amendment of title I of Pub. L. 90–351 by Pub. L. 96–157.
§ 1632.2 Definitions. For purposes of this part, the following definitions shall apply: ( a ) The term *Act* means the Government in the Sunshine Act, 5 U.S.C. 552b.
( b ) The term *Board* means the Federal Retirement Thrift Investment Board and subdivisions thereof.
( c ) The term *meeting* means the deliberations of at least the number of individual agency members required to take action on behalf of the Board where such deliberations determine or result in the joint conduct or disposition of official Board business. However, this term does not include— ( 1 ) Deliberations required or permitted by subsection (d) or (e) of the Act (relating to decisions to close all or a portion of a meeting, or to decisions on the timing or content of an announcement of a meeting), or
( 2 ) The conduct or disposition of official agency business by circulating written material to individual members.
( d ) The term *number of individual agency members required to take action on behalf of the agency* means three members.
( e ) The term *member* means a member of the Board appointed under section 101 of the Federal Employees' Retirement System Act of 1986, 5 U.S.C. 8472.
( f ) The term *public observation* means that the public shall have the right to listen and observe but not the right to participate in the meeting or to record any of the meeting by means of cameras or electronic or other recording devices unless approval in advance is obtained from the Secretary of the Board.
I 

108TH CONGRESS 

1ST SESSION H. R. 1754

To amend the Internal Revenue Code of 1986 to exclude from gross income 

amounts received on the sale of animals which are raised and sold 

as part of an educational program. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. PAUL (for himself, Mr. DUNCAN, Mr. GOODE, and Mr. OTTER) introduced 

the following bill; which was referred to the Committee on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to exclude 

from gross income amounts received on the sale of animals which are raised and sold as part of an educational 

program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Agriculture Education 

5 Freedom Act’’. 
2

•HR 1754 IH 

1 SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS 

2 RECEIVED ON SALE OF ANIMALS WHICH ARE 

3 RAISED AND SOLD AS PART OF EDU4 CATIONAL PROGRAM. 

5 (a) IN GENERAL.—Part III of subchapter B of chap6 ter 1 of the Internal Revenue Code of 1986 (relating to 

7 items specifically excluded from gross income) is amended 

8 by inserting after section 139 the following new section: 

9 ‘‘SEC. 139A. PROCEEDS OF SALE OF ANIMALS RAISED AND 

10 SOLD AS PART OF EDUCATIONAL PROGRAM. 

11 ‘‘In the case of an individual, gross income shall not 

12 include any gain from the sale of any animal which is 

13 raised and sold by such individual as part of such individ14 ual’s participation in—

15 ‘‘(1) the 4–H program under the Cooperative 

16 State Research, Education, and Extension Service of 

17 the Department of Agriculture, 

18 ‘‘(2) the Future Farmers of America, 

19 ‘‘(3) any program of an organization described 

20 in section 501(c) and exempt from tax under section 

21 501(a) which is similar to such 4–H program or the 

22 Future Farmers of America, or 

23 ‘‘(4) any program of an educational organiza24 tion described in section 170(b)(1)(A)(ii).’’. 
3

•HR 1754 IH 

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 for such part III is amended by inserting after the item 

3 relating to section 139 the following new item:

‘‘Sec. 139A. Proceeds of sale of animals raised and sold as part 

of educational program.’’

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to sales in taxable years ending 

6 after the date of the enactment of this Act.

Æ
UNCLASSIFIED

UNCLASSIFIED

C:\Users\david.christofano\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\FJILSX1Q\130620reciprocity letter.doc

20 June 2013

Mr Paul Gretch

Director

Office of International Aviation

US Department of Transportation

1200 New Jersey Avenue SE

Washington DC 20590

Dear Paul, 

CHARTER OPERATIONS BETWEEN THE UNITED KINGDOM AND THE UNITED 

STATES OF AMERICA

This letter is to confirm that the UK Government, on the basis of reciprocity, 

will approve requests from US-designated airlines to perform fifth, sixth and 

seventh freedom charter operations on the understanding that the US Government 

will approve similar requests from UK-designated airlines. 

The UK Government also confirms that approval for similar charter operations by US 

airlines to the UK's Overseas Territories will also be granted, where reciprocity 

applies.

Yours sincerely,

Judith

Judith Ritchie

First Secretary (Transport Policy)

cc: Mary Street, DoT

 James Gilderoy, DfT London 

Tel: (202) 588-6696

Fax: (202) 588-7901

E-mail: Judith.Ritchie@fco.gov.uk
### §2322. Single entities

For purposes of Federal participation in water resource development projects which are to be carried out by the Secretary, benefits which are to be provided to a facility owned by a State (including the District of Columbia and a territory or possession of the United States), county, municipality, or other public entity shall not be treated as benefits to be provided a single owner or single entity. The Secretary shall not treat such a facility as a single owner or single entity for any purpose.

(Pub. L. 101–640, title III, §317, Nov. 28, 1990, 104 Stat. 4641.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Development Act of 1990, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of Pub. L. 101–640, set out as a note under section 2201 of this title.
### **CHAPTER 51—CLEAN HULLS**

#### SUBCHAPTER I—GENERAL PROVISIONS

Sec.
3801.
Definitions.
3802.
Covered vessels.
3803.
Administration and enforcement.
3804.
Compliance with international law.
3805.
Utilization of personnel, facilities or equipment of other Federal departments and agencies.

#### SUBCHAPTER II—IMPLEMENTATION OF THE CONVENTION

3821.
Certificates.
3822.
Declaration.
3823.
Other compliance documentation.
3824.
Process for considering additional controls.
3825.
Scientific and technical research and monitoring; communication and information.
3826.
Communication and exchange of information.

#### SUBCHAPTER III—PROHIBITIONS AND ENFORCEMENT AUTHORITY

3841.
Prohibitions.
3842.
Investigations and inspections by Secretary.
3843.
EPA enforcement.
3844.
Additional authority of the Administrator.

#### SUBCHAPTER IV—ACTION ON VIOLATION, PENALTIES, and REFERRALS

3851.
Criminal enforcement.
3852.
Civil enforcement.
3853.
Liability in rem.
3854.
Vessel clearance or permits; refusal or revocation; bond or other surety.
3855.
Warnings, detentions, dismissals, exclusion.
3856.
Referrals for appropriate action by foreign country.
3857.
Remedies not affected.