alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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opinion should not be published and is not precedent except under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 defamation and malicious

prosecution by ATE. ATE removed the case to district court based
2

on diversity. Walker then amended to name Dallas Area Rapid

Transit (“DART”), Marvin Buffins (“Buffins”), and Ryder System,

Inc. (“Ryder”) as Defendants, and 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 employed as a bus driver and Buffins was employed as a

supervisor. Buffins assaulted Walker, who shot Buffins. The

altercation apparently 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 struck the amending complaint as having been

filed without obtaining permission, and granted Ryder and DART’s

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

granted summary judgment for all Appellees. Subsequently, the

court entered final judgment as to all remaining parties. Walker

now appeals the summary judgment, enforcement of the settlement

agreement and the imposition of sanctions.

Walker acknowledges that she made the settlement agreement,

but claims that it was coerced because the independent mediator

exercised undue influence over her. However, she offers
3

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.
Choosing a Bank in Russia

----
# L_2022298EN.01001501.xml

| 17.11.2022 | EN | Official Journal of the European Union | L 298/15 |
| --- | --- | --- | --- |

17.11.2022

EN

Official Journal of the European Union

L 298/15

---

DECISION OF THE EEA JOINT COMMITTEE No 193/2019

of 10 July 2019

amending Annex XIII (Transport) to the EEA Agreement [2022/2215]

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 Regulation (EU) 2018/1142 of 14 August 2018 amending Regulation (EU) No 1321/2014 as regards the introduction of certain categories of aircraft maintenance licences, the modification of the acceptance procedure of components from external suppliers and the modification of the maintenance training organisations' privileges (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Regulation (EU) 2018/1142 of 14 August 2018 amending Regulation (EU) No 1321/2014 as regards the introduction of certain categories of aircraft maintenance licences, the modification of the acceptance procedure of components from external suppliers and the modification of the maintenance training organisations' privileges (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 indent is added in point 66q (Commission Regulation (EU) No 1321/2014) of Annex XIII to the EEA Agreement:

| ‘— | 32018 R 1142: Commission Regulation (EU) 2018/1142 of 14 August 2018 (OJ L 207, 16.8.2018, p. 2).’ |
| --- | --- |

‘—

32018 R 1142: Commission Regulation (EU) 2018/1142 of 14 August 2018 (OJ L 207, 16.8.2018, p. 2).’

Article 2

The text of Regulation (EU) 2018/1142 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 11 July 2019, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*).

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, 10 July 2019.

For the EEA Joint Committee

The President

Gunnar PÁLSSON

---

(1)  
  OJ L 207, 16.8.2018, p. 2.

1

(*)  No constitutional requirements indicated.

*

---
### §30511. Service of process

The corporation shall have a designated agent in the District of Columbia to receive service of process, notice, or demand for the corporation. Designation of the agent shall be filed in the office of the Mayor of the District of Columbia or another office designated by the Mayor. Notice to or service on the agent is notice to or service on the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1322.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30511 | 36:948 (1st sentence 15th–last words, 2d, last sentences). | July 14, 1960, Pub. L. 86–653, §8 (1st sentence 15th–last words, 2d, last sentences), 74 Stat. 517. |

Section

The words "at all times" and "authorized" are omitted as unnecessary. The words "Designation of the agent shall be filed" are substituted for "The corporation shall file . . . a statement designating the initial and each successor registered agent of the corporation and the initial and each successor registered office of the corporation immediately following any such designation" for consistency in the revised title and to eliminate unnecessary words. The words "office of Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" in section 8 of the Act of July 14, 1960 (Public Law 86–653, 74 Stat. 517), because under section 401 of Reorganization Plan No. 3 of 1967 (5 App. U.S.C.), the functions of the Board of Commissioners of the District of Columbia were transferred to the Commissioner of the District of Columbia, and under sections 421 and 711 of the District of Columbia Self-Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789, 818), the office of Commissioner of the District of Columbia was abolished and replaced by the office of Mayor of the District of Columbia. The words "Notice to or service on the agent is notice to or service on the corporation" are substituted for "service of such process, notice, or demand required or permitted by law to be served upon the corporation may be served upon such agent" for consistency in the revised title and to eliminate unnecessary words.
OPENING REMARKS OF NRC CHAIRMAN GREGORY B. JACZKO

AT THE BRIEFING ON GROUNDWATER TASK FORCE

Good morning. The Commission meets today to receive a briefing on the Groundwater Task 

Force. For a number of years now, the agency has dedicated increased attention to this issue. Our 

actions – as well as those of our licensees – have been subjected to a high level of scrutiny by the 

members of the public, elected officials, and other stakeholders. One sign of the high level of public 

interest in this issue is that the most widely viewed archived webcast in the past year on the NRC’s 

website was the April 20, 2010, Groundwater Contamination Workshop, with over 2,000 viewers.

While the agency has concluded that the leaks to this point have not endangered public 

health and safety, we have tried to be proactive in identifying potential ways we can improve our 

efforts in this area. In 2006, the NRC created a special task force to conduct a lessons-learned 

review of leaks at several power plants. That review led to more than two dozen recommendations, 

many of which have been incorporated into agency guidance. In 2009, the NRC followed up these 

efforts by establishing the independent staff Groundwater task force to review the adequacy of the 

agency’s oversight in this area. During today’s meeting, the Commission will be looking at the 

NRC’s senior management review of Task Force’s work and recommendations, as well as hearing 

from a broad range of stakeholders on this issue. I would like to thank the staff for their thorough 

look at this issue.

###

News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE link. 

E-mail notifications are sent to subscribers when news releases are posted to NRC's website.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov

Site: http://www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 11-029 February 24, 2011
# L_2023085EN.01004701.xml

| 23.3.2023 | EN | Official Journal of the European Union | L 85/47 |
| --- | --- | --- | --- |

23.3.2023

EN

Official Journal of the European Union

L 85/47

---

DECISION OF THE EEA JOINT COMMITTEE No 225/2022

of 8 July 2022

amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms [2023/642]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Articles 86 and 98 thereof,

Whereas:

| (1) | It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the free movement of workers, coordination of social security schemes and measures for migrants, including migrants from third countries. |
| --- | --- |

(1)

It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the Union regarding the free movement of workers, coordination of social security schemes and measures for migrants, including migrants from third countries.

| (2) | Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2022, |
| --- | --- |

(2)

Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2022,

HAS ADOPTED THIS DECISION:

Article 1

In paragraphs 5 and 14 of Article 5 of Protocol 31 to the EEA Agreement, the words “financial year 2021” are replaced by the words “financial years 2021 and 2022”.

Article 2

This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (*).

It shall apply from 1 January 2022.

Article 3

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, 8 July 2022.

For the EEA Joint Committee

The President

Kristján Andri STEFÁNSSON

---

(*)  No constitutional requirements indicated.

*

---
#### In the Matter of Mathiasen Shipping Co., Inc., et al., Appellants. Edward Corsi, as Industrial Commissioner, Respondent.

Present — Foster, P. J., Heffernan, Brewster, Santry and Bergan, JJ. [See 274 App. Div. 832, 855.]
§ 919.625 What is the scope of a suspension or debarment? If you are suspended or debarred, the suspension or debarment is effective as follows: ( a ) Your suspension or debarment constitutes suspension or debarment of all of your divisions and other organizational elements from all covered transactions, unless the suspension or debarment decision is limited— ( 1 ) By its terms to one or more specifically identified individuals, divisions, or other organizational elements; or
( 2 ) To specific types of transactions.
( b ) Any affiliate of a participant may be included in a suspension or debarment action if the suspending or debarring official— ( 1 ) Officially names the affiliate in the notice; and
( 2 ) Gives the affiliate an opportunity to contest the action.
§ 919.995 Principal. *Principal* means— ( a ) An officer, director, owner, partner, principal investigator, or other person within a participant with management or supervisory responsibilities related to a covered transaction; or
( b ) A consultant or other person, whether or not employed by the participant or paid with Federal funds, who— ( 1 ) Is in a position to handle Federal funds;
( 2 ) Is in a position to influence or control the use of those funds; or,
( 3 ) Occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction.
### **CHAPTER 79—INFORMATION SECURITY EDUCATION ASSISTANCE PROGRAM**

Sec.
7901.
Programs; purpose.
7902.
Scholarship program.
7903.
Education debt reduction program.
7904.
Preferences in awarding financial assistance.
7905.
Requirement of honorable discharge for veterans receiving assistance.
7906.
Regulations.
7907.
Termination.
Exhibit 32








CERTIFICATION PURSUANT TO


SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as President and Chief Executive Officer and Vice President and Chief Financial Officer, respectively, of Nortek, Inc. (the “Company”), do hereby certify that to their knowledge:





1.
the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended July 3, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





2.
the information contained in the Company’s Quarterly Report on Form 10-Q for the fiscal quarter ended July 3, 2010 fairly presents, in all material respects, the financial condition and results of operations of the Company.














/s/ Richard L. Bready


Name: Richard L. Bready


Title:    President and Chief Executive Officer











/s/ Almon C. Hall


Name: Almon C. Hall


Title:    Vice President and Chief Financial Officer
EMPLOYER STATUS DETERMINATION

Colorado Central Railroad Company

MAY 0 4 2004

This is the determination of the Railroad Retirement Board concerning

the continuing status of Colorado Central Railroad Company (CCR) (B.A.

No. 3793) as an employer under the Railroad Retirement Act (45 U.S.C.

§ 231 et seq.) (RRA) and the Railroad Unemployment Insurance Act (45

U.S.C. § 351. et seq.) (RUIA). CCR has been an employer under the RRA

and RUIA with service creditable from October 28. 2001.

Mr. Court R. Hammond. President, CCR, , has advised that CCR ceased

operations on October 1, 2002, the date on which its operating contract

was cancelled and last compensated employees on May 2, 2002. Although

CCR has not yet dissolved as a business organization, it is clear that its

character as a railroad no longer exists inasmuch as its interim operation

as a contract operator, with only leased railroad equipment and no

permanent assets of its own, has now ceased.

Section 202.11 of the Board’s regulations provides that:

The employer status of any company or person shall

terminate whenever such company or person loses any of the

characteristics essential to the existence of an employer status.

Based on the information set forth above, it is the determination of the

Railroad Retirement Board that Colorado Central Railroad Company

ceased being an employer under the RRA and RUIA on October 1, 2002,

the date on which it ceased operations.

Michael S. Schwartz

BA#3793
EMPLOYER status determination

Colorado Central Railroad Company

MAY 0 4 2004

This is the determination of the Railroad Retirement Board concerning

the continuing status of Colorado Central Railroad Company (CCR) (B.A.

No. 3793) as an employer under the Railroad Retirement Act (45 U.S.C.

§ 231 et seq.) (RRA) and the Railroad Unemployment Insurance Act (45

U.S.C. § 351, et seq.) (RUIA). CCR has been an employer under the RRA 

and RUIA with service creditable from October 28, 2001.

Mr. Court R. Hammond, President, CCR, , has advised that CCR ceased

operations on October 1, 2002, the date on which its operating contract

was cancelled and last compensated employees on May 2, 2002. Although

CCR has not yet dissolved as a business organization, it is clear that its

character as a railroad no longer exists inasmuch as its interim operation

as a contract operator, with only leased railroad equipment and no

permanent assets of its own, has now ceased.

Section 202.11 of the Board’s regulations provides that:

The employer status of any company or person shall

terminate whenever such company or person loses any of the

characteristics essential to the existence of an employer status.

Based on the information set forth above, it is the determination of the

Railroad Retirement Board that Colorado Central Railroad Company

ceased being an employer under the RRA and RUIA on October 1, 2002,

the date on which it ceased operations.

Michael S. Schwartz

'/Jerome F. Kever
### §70702. Purposes

The purposes of the corporation are—

(1) to preserve to posterity the memory of the life and character of the late Frederick Douglass; and

(2) to collect, collate, and preserve a historical record of the inception, progress, and culmination of the antislavery movement in the United States, and to assemble in the homestead of the late Frederick Douglass, commonly called Cedar Hill, in the village of Anacostia, District of Columbia, all suitable exhibits of records or things illustrative or commemorative of the antislavery movement and history that are donated to, or acquired by, the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1354.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 70702 | 36:4401 (words beginning with "for the following objects and purposes"). | June 6, 1900, ch. 806, §1 (words beginning with "for the following objects and purposes"), 31 Stat. 662. |

Section

In clause (2), the words "that are donated to, or acquired by, the corporation" are substituted for "as may be donated to said association or acquired by purchase[,] bequest, or other lawful means" to eliminate unnecessary words.
### §153514. Authorization of appropriations

(a) In General.—Subject to subsection (b), there is authorized to be appropriated to the corporation for operation and maintenance expenses $500,000 for each of fiscal years 2008 through 2017.

(b) Limitation.—Any Federal funds made available under subsection (a) shall be matched on a 1-to-1 basis by non-Federal funds.

(Added Pub. L. 111–11, title XIII, §13006, Mar. 30, 2009, 123 Stat. 1452.)
### §6106. Misuse of benefits by fiduciaries

(a) Fee Forfeiture in Case of Benefit Misuse by Fiduciaries.—A fiduciary may not collect a fee from a beneficiary for any month with respect to which the Secretary or a court of competent jurisdiction has determined that the fiduciary misused all or part of the individual's benefit, and any amount so collected by the fiduciary as a fee for such month shall be treated as a misused part of the individual's benefit.

(b) Misuse of Benefits Defined.—For purposes of this chapter, misuse of benefits by a fiduciary occurs in any case in which the fiduciary receives payment, under any of laws administered by the Secretary, for the use and benefit of a beneficiary and uses such payment, or any part thereof, for a use other than for the use and benefit of such beneficiary or that beneficiary's dependents. Retention by a fiduciary of an amount of a benefit payment as a fiduciary fee or commission, or as attorney's fees (including expenses) and court costs, if authorized by the Secretary or a court of competent jurisdiction, shall be considered to be for the use or benefit of such beneficiary.

(c) Regulations.—The Secretary may prescribe by regulation the meaning of the term "use and benefit" for purposes of this section.

(Added Pub. L. 108–454, title V, §503(a)(1), Dec. 10, 2004, 118 Stat. 3619.)

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

#### Effective Date

Section applicable with respect to any determinations by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see section 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title.
[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Notices]
[Page 65229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25084]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Wild Bird Feeding Industry

    Notice is hereby given that, on September 23, 2004, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), Wild Bird Feeding Industry 
(``WBFI'') has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing (1) the 
name and principal place of business of the standards development 
organization and (2) the nature and scope of its standards development 
activities. The notifications were filed for the purpose of invoking 
the Act's provisions limiting the recovery of antitrust plaintiffs to 
actual damages under specified circumstances.
    Pursuant to section 6(b) of the Act, the name and principal place 
of business of the standards development organization is: Wild Bird 
Feeding Industry, Sioux Falls, SD. The nature and scope of WBFI's 
standards development activities are: Investigating and developing 
standards of identity and quality for products sold for wild birds. 
These products include feeders, houses, baths and accessories, and seed 
and other food.

Dorothy B. Fountain,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 04-25084 Filed 11-9-04; 8:45 am]
BILLING CODE 4410-11-M
### §140711. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1386.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 140711 | 36:5010. | Oct. 23, 1992, Pub. L. 102–484, title XVIII, §1810, 106 Stat. 2583. |

Section
### §1722B. Copayments: waiver of collection of copayments for telehealth and telemedicine visits of veterans

The Secretary may waive the imposition or collection of copayments for telehealth and telemedicine visits of veterans under the laws administered by the Secretary.

(Added Pub. L. 112–154, title I, §103(a), Aug. 6, 2012, 126 Stat. 1169.)