alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of Illinois, Appellant, v. John L. Witzman et al., Appellees.

Gen. Nos. 5,856, 5,857.

(Not to he reported in full.)

Appeal from the Circuit Court of La Salle county; the Hon. S. C. Stotjgh, Judge, presiding.

Heard in this court at the October term, 1913.

Appeals dismissed.

Opinion filed November 13, 1913.

Statement of the Case.

The two cases above entitled were actions of debt on the official bonds of John L. Witzman as Circuit Clerk of La Salle county covering two terms in said *217office. In each case all breaches assigned in the declaration were dismissed except the second breach, which related to naturalization fees. In each case the defendants demurred to the second breach and the demurrer was sustained. The plaintiff elected to abide by said demurrer and judgment was entered against him for costs. From the judgment, plaintiff appeals.

W. E. Redmon and W. I. Hibbs, for appellant.

Duncan, Doyle & O’Conor, for appellees.

Abstract of the Decision.

1. Appeal and error, § *284*
      ***
      *—what essential to a final judgment.*In order for judgments to he final, the order should adjudge “that the plaintiff take nothing by his suit, and that the defendants go hence without day.”

2. Appeal and error, § *267*
      ***
      *—right of Appellate Oourt to decide on merits when judgment appealed from is not final.*On appeal from a judgment which is not final, the Appellate Court cannot ignore the defect and decide the merits for, if it should affirm the action of the trial court, the judgment of the Appellate' Court would be treated as void by the Supreme Court.

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number.

Per Curiam.
#### § 839.802 If I was in CSRS during my qualifying retirement coverage error, paid into the Fund more than I would have paid as a CSRS Offset, Social Security-Only, or FERS employee, and end up retroactively in one of those retirement plans, will I get a refund of the excess I had withheld from my pay?

CSRS Offset and FERS require employees to pay Social Security taxes in addition to retirement deductions. When you are retroactively changed under the FERCCA to CSRS Offset, FERS, or Social Security-Only, the deductions you paid in under CSRS will be used to pay both the amounts required for retirement deductions under CSRS Offset or FERS, as applicable to you, and also the Social Security taxes that you would have paid had you been in CSRS-Offset, FERS, or Social Security-Only.
B.C.D. 01-44

Employer Status Determination

Riverport Railroad, L.L.C.

JUN 0 1 2001

This is the determination of the Railroad Retirement Board concerning 

the status of Riverport Railroad, L.L.C., as an employer under the

Railroad Retirement Act (45 U.S.C. § 231 et seq.) and the Railroad

Unemployment Insurance Act (45 U.S.C. § 351 et seq.).

Information regarding Riverport was provided by Philip A. Jackman,

General Counsel of Riverport. According to Mr. Jackman, employees

were first compensated approximately two weeks after they were hired

on March 1, 1999, and Riverport began railroad operations May 1, 1999.

Riverport currently has seven employees.

In Surface Transportation Board Finance Docket No. 33799, Riverport

filed a notice of exemption to lease and operate approximately 50 miles

of rail line from Jo-Davies/Carroll County Local Re-Development 

Authority. The lines are located in the former Savanna Army Ammo

Depot. Riverport operates as a switching railroad and connects with

the Burlington Northern and Santa Fe Railway. Riverport stores out of

service railcars for car owners. When the cars are recalled, Riverport

delivers the cars to the interchange with the Burlington Northern and

Santa Fe. Riverport also leases warehouses on the former army base to

subtenants.

Section 1(a)(1) of the Railroad Retirement Act defines an “employer” to

include:

(i) any carrier by railroad subject to the jurisdiction of the

Surface Transportation Board under part A of subtitle

IV of Title 49. 45 U.S.C. §231 (a)(l)(i).

Sections 1(a) and (b) of the Railroad Unemployment Insurance Act [45

U.S.C. §351(a) and (b)] contain essentially the same definition as does

section 3231 of the Railroad Retirement Tax Act (26 U.S.C. §3231).

BA# 4650
Riverport Railroad, L.L.C.

The evidence of record establishes that Riverport is a carrier operating

in interstate commerce. Accordingly, it is determined that Riverport is

an employer within the meaning of section l(a)(l)(i) of the Railroad

Retirement Act (45 U.S.C. § 231(a)(l)(i)) and the corresponding

provision of the Railroad Unemployment Insurance Act as of March 1,

1999, the date as of which it first hired employees. Cf. Rev. Rul. 82-100,

1982-1 C.B. 155.

V. M. Speakman, Jr.

Jerome F. Kever
# L_2020210EN.01007901.xml

| 2.7.2020 | EN | Official Journal of the European Union | L 210/79 |
| --- | --- | --- | --- |

2.7.2020

EN

Official Journal of the European Union

L 210/79

---

DECISION OF THE EEA JOINT COMMITTEE No 93/2019

of 29 March 2019

amending Annex XX (Environment) to the EEA Agreement [2020/841]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2018/1135 of 10 August 2018 establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2018/1135 of 10 August 2018 establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XX to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XX to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following point is inserted after point 1fs (Commission Implementing Decision (EU) 2018/1147) of Annex XX to the EEA Agreement:

| ‘1ft. | 32018 D 1135: Commission Implementing Decision (EU) 2018/1135 of 10 August 2018 establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 205, 14.8.2018, p. 40).’ |
| --- | --- |

‘1ft.

32018 D 1135: Commission Implementing Decision (EU) 2018/1135 of 10 August 2018 establishing the type, format and frequency of information to be made available by the Member States for the purposes of reporting on the implementation of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (OJ L 205, 14.8.2018, p. 40).’

Article 2

The text of Implementing Decision (EU) 2018/1135 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 30 March 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 29 March 2019.

For the EEA Joint Committee

The President

Claude MAERTEN

---

(1)  
  OJ L 205, 14.8.2018, p. 40.

1

(*1)  No constitutional requirements indicated.

*1

---
§ 843.202 Eligibility for payment of the unexpended balance to a separated employee. ( a ) Except as provided in §§ 843.208 and 843.209 or in section 3716 of title 31, United States Code, on administrative offset for Government claims, a separated employee who has been separated from a covered position for at least 31 days and who is ineligible for an annuity commencing within 31 days after the date of filing an application for refund is eligible for a payment of the unexpended balance.
( b ) ( 1 ) For a retirement based on a separation before October 28, 2009, periods of service for which employee contributions have been refunded are not creditable service in determining whether the employee has sufficient service to have title to an annuity or for any other purpose.
( 2 ) For a retirement based on a separation on or after October 28, 2009, periods of service for which employee contributions have been refunded are— ( i ) Creditable service in determining whether the employee has sufficient service to have title to an annuity; and
( ii ) Not creditable without deposit for any other purpose, except for average pay computation purposes.
[52 FR 2074, Jan. 16, 1987, as amended at 79 FR 46632, Aug. 8, 2014]
§ 847.702 Lump-sum payments and refunds. ( a ) Employee contributions with interest which are transferred to the Fund under subpart E of this part are included in any lump-sum credit or unexpended balance payable to the employee or the employee's survivors under subpart T of part 831 of this chapter or under part 843 of this chapter.
( b ) Government contributions which are transferred to the Fund under subpart E of this part are not included in any lump-sum credit or unexpended balance and are not payable to the employee or the employee's survivors.
§ 890.1050 Exception to a provider's debarment for an individual enrollee. ( a ) *Request by a covered individual.* Any individual enrolled in FEHBP may submit a request through their FEHBP carrier for continued payment of items or services furnished by a debarred provider to any person covered under the enrollment. Requests shall not be accepted for continued payments to suspended providers.
( b ) *OPM action on the request.* OPM shall consider the recommendation of the FEHBP carrier before acting on the request. To be approved, the request shall demonstrate that: ( 1 ) Interrupting an existing, ongoing course of treatment by the provider would have a detrimental effect on the covered individual's health or safety; or
( 2 ) The covered individual does not have access to an alternative source of the same or equivalent health care items or services within a reasonably accessible service area.
( c ) *Scope of the exception.* An approved exception applies only to the covered individual(s) who requested it, or on whose behalf it was requested. The governmentwide effect of the provider's debarment under section 2455 of the Federal Acquisition Streamlining Act (Pub. L. 103-355) is not altered by an exception.
( d ) *Provider requests not allowed.* OPM shall not consider an exception request submitted by a provider on behalf of a covered individual.
( e ) *Debarring official's decision is final.* The debarring official's decision on an exception request is not subject to further administrative review or reconsideration.
### §20504. Cooperation with the military

(a) Investigations, Examinations, Experiments, and Reports.—When requested by the Secretary of the Army, Air Force, or Navy, the corporation shall investigate, examine, experiment, and report on any subject in pure or applied chemistry connected with the national defense.

(b) Payments.—The actual expense of those investigations, examinations, experiments, and reports shall be paid from amounts appropriated for those purposes, but the corporation may not receive compensation for any services performed for the United States Government.

(c) Title and License.—Title to inventions and discoveries made in the course of those investigations, examinations, and experiments that the appropriate Secretary believes involve the national defense vest in the Government. The Government shall have unlimited license under other inventions and discoveries made in the course of those investigations, examinations, and experiments.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1288.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 20504 | 36:3204. | Aug. 25, 1937, ch. 762, §4, 50 Stat. 799. |

Section

In subsection (a), the words "When requested by the Secretary of the Army, Air Force, or Navy, the corporation" are substituted for "The American Chemical Society shall, whenever called upon by the Army, Air Force, or Navy Department" because under 10:3013, 5013, and 8013 the Secretaries are the heads of the Departments. The Secretary of the Air Force is added because of section 207 of the National Security Act of 1947 (ch. 343, 61 Stat. 502).

In subsection (b), the words "shall be paid from amounts appropriated for those purposes" are substituted for "to be paid from appropriations which may have been made for that purpose by Congress" for clarity and to eliminate unnecessary words.

In subsection (c), the words "that the appropriate Secretary believes" are substituted for "that, in the opinion of the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of the Army" to eliminate unnecessary words.
Pursuant to Local Rule 47.5, the court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 96-11074

Summary Calendar

DORIS J. WALKER

Plaintiff-Appellant

VERSUS

ATE MANAGEMENT AND SERVICE COMPANY INC;

DALLAS AREA RAPID TRANSIT; RYDER SYSTEMS INC.

Defendants-Appellees

Appeal from the United States District Court

for the Northern District of Texas

(3:95-CV-1782-G)

March 24, 1997

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM: 1

Plaintiff-Appellant Walker, proceeding pro se, sued ATE

Management and Service Company, Inc. (“ATE”), in Texas State Court

claiming damages because of alleged defa mation and malicious

prosecution by ATE. ATE removed the case to district court based2

on diversity. Walker then amended to name Dallas Area Rapid

Transit (“DART”), Marvin Buffins (“Buffins”), and Ry der System,

Inc. (“Ryder”) as Defendants, an d to assert numerous additional

state law causes of action. All the claims arose from an

altercation between Walker and Buffins at work at ATE where Walker

was emplo y ed as a bus driver and Buffins was employed as a

supervisor. Buffins assaulted Walker, who shot Buffins. The

altercation appar ently arose out of the long standing intimate

personal relationship between the two and had nothing to do with

their work.

Court ordered mediation resulted in an agreement by Walker to

dismiss her claims against Ryder and DART. The agreement was

reduced to writing and filed in accordance with Texas law. Shortly

thereafter, Walker amended her suit to assert new causes of action

against ATE , Ryder, and DART and naming an additional defendant.

The district court struc k the amending complaint as having been

filed without obtaining permiss ion, and granted Ryder and DART’s

motions to enforce the settle agreement and for sanctions. It also

grant ed summary judgment for all Appellees. Subsequently, the

court entered final judgment as to all remaining parties. Walker

now appeals the summary judgment, enforcement of t he settlement

agreement and the imposition of sanctions.

Walker acknowledges t hat she made the settlement agreement,

but claims that it was coerced because the independen t mediator

exercised undue influence over her. However, she offers3

insufficient evidentiary support to create an issue of fact on this

point. Walker also argues that the sanctions awarded are improper,

but they are in strict accord with the settlement agreement.

Additionally, we note that numerous other grounds given by the

district court support its decisions, among them, that there is no

evidence that when he committed the assault Buffins was acting

within the course and scope of his employment, and both DART and

its independent contractor ATE are entitled to immunity under the

Texas tort statute.

In short, our careful review of the record and consideration

of the briefs indicates no error.

AFFIRMED.
# L_2018297EN.01004901.xml

| 22.11.2018 | EN | Official Journal of the European Union | L 297/49 |
| --- | --- | --- | --- |

22.11.2018

EN

Official Journal of the European Union

L 297/49

---

DECISION OF THE EEA JOINT COMMITTEE

No 38/2017

of 3 February 2017

amending Annex XIII (Transport) to the EEA Agreement [2018/1772]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Directive (EU) 2016/882 of 1 June 2016 amending Directive 2007/59/EC of the European Parliament and of the Council as regards language requirements (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Directive (EU) 2016/882 of 1 June 2016 amending Directive 2007/59/EC of the European Parliament and of the Council as regards language requirements (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XIII to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following is added in point 42 g (Directive 2007/59/EC of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:

‘, as amended by:

| — | 32016 L 0882: Commission Directive (EU) 2016/882 of 1 June 2016 (OJ L 146, 3.6.2016, p. 22).’ |
| --- | --- |

—

32016 L 0882: Commission Directive (EU) 2016/882 of 1 June 2016 (OJ L 146, 3.6.2016, p. 22).’

Article 2

The text of Directive (EU) 2016/882 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 4 February 2017, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 3 February 2017.

For the EEA Joint Committee

The President

Claude MAERTEN

---

(1)  
  OJ L 146, 3.6.2016, p. 22.

1

(*1)  Constitutional requirements indicated.

*1

---
# L_2014111EN.01000101.xml

| 15.4.2014 | EN | Official Journal of the European Union | L 111/1 |
| --- | --- | --- | --- |

15.4.2014

EN

Official Journal of the European Union

L 111/1

---

Notice concerning the entry into force of the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part

The Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, signed in Rome on 15 December 2003, will enter into force on 1 May 2014.

---
### **CHAPTER 1301—LADIES OF THE GRAND ARMY OF THE REPUBLIC**

Sec.
130101.
Organization.
130102.
Purposes.
130103.
Membership.
130104.
Governing body.
130105.
Powers.
130106.
Exclusive right to name, seals, emblems, and badges.
130107.
Restrictions.
130108.
Principal office.
130109.
Records and inspection.
130110.
Service of process.
130111.
Liability for acts of officers and agents.
130112.
Annual report.
130113.
Distribution of assets on dissolution or final liquidation.
Home > NRC Library > ADAMS Public Documents

# SECY-09-0190 - Major Revision to NRC Enforcement Policy

Accession Number: ML093200524

Date Released: Friday, January 8, 2010

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### §152504. Governing body

(a) Board of Directors.—(1) The board of directors is the governing body of the corporation. Between meetings of the corporation, the board is responsible for the general policies and program of the corporation. Except as provided in subsection (c) of this section, the board is responsible for all funds of the corporation.

(2) The board shall consist of at least 15 directors. Their manner of selection (including the filling of vacancies) and term of office are as provided in the constitution and bylaws of the corporation.

(b) Officers.—(1) The officers of the corporation are a chairman of the board of directors, a president, three or more vice presidents as provided in the constitution and bylaws, a secretary, a treasurer, and an executive vice president. Their duties are as provided in the constitution and bylaws.

(2) Except for the executive vice president, the officers shall be elected at the annual meeting of the corporation. The executive vice president shall be elected by the board of directors in the manner provided in the constitution and bylaws.

(c) Trustees.—The corporation shall have at least 15 trustees. Their manner of selection and term of office are as provided in the constitution and bylaws. The trustees have full power and control over contributed funds that they raise.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1416.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 152504(a) | 36:467. | Aug. 13, 1953, ch. 429, §§7–9, 67 Stat. 571. |
| 152504(b) | 36:468. | |
| 152504(c) | 36:469. | |

Section

In subsection (a), the text of 36:467(a) is omitted as obsolete. In paragraph (1), the word "funds" is substituted for "finance" for consistency in the revised title.
### §190309. Duty to maintain tax-exempt status

The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1450.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 190309 | 36:5114 (1st sentence). | Oct. 23, 1992, Pub. L. 102–484, title XVIII, §1835 (1st sentence), 106 Stat. 2586. |

Section
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

MAY 24, 2001

THOMAS K. KAHN

CLERK

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 

No. 97-2618

 

D.C. Docket No. 95-89-CR-T-24-C

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus 

SIGMA INTERNATIONAL, INC., 

d.b.a. SIGMA U.S.A., INC; CHARLES 

STERNISHA, et al.,

 Defendants-Appellants.

 

Appeals from the United States District Court

for the Middle District of Florida

 

(May 24, 2001)

Before TJOFLAT, BIRCH and BRIGHT*, Circuit Judges.

______________________

*Honorable Myron H. Bright, U.S. Circuit Judge for the Eighth Circuit, sitting by designation.
PER CURIAM:

In light of our opinion on rehearing in United States v. Sigma, 244 F.3d 841

(11th Cir. 2001), the panel's prior opinion, United States v. Sigma, 196 F.3d 1314

(11th Cir. 1999), is hereby VACATED.