alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William Reutemann, Respondent, v. Cosmopolitan Tourist Co., Inc., Appellant.

It was held in *Harriss*v. *Tams*(258 N. Y. 229) that a complaint may be amended so as to introduce therein even a cause of action barred by the Statute of Limitations, but in such ease the defendant cannot be deprived of that defense. The difference between such a procedure and dismissal of a complaint on motion under rule 107 of the Rules of Civil Practice, or the refusal to permit an amended complaint, is that the question whether the cause of action is barred is decided in the one instance upon affidavits and in the other after evidence has been adduced at a trial. In this case, it was proper to have allowed the amendment in order that it may be determined upon the trial whether the amended pleading contains a new cause of action, which would be barred by the Statute of Limitations at the time of the amendment, or whether it be merely an amendment with respect to facts which pertain to the cause of action stated in the original complaint, present — Peck, P. J., Glennon, Dore, Callahan and Van Yoorhis, JJ. Peck, P. J., dissents and votes to reverse and deny upon the ground that the plaintiff, at this late date, should not be permitted to plead an entirely different contract with a vast extension of defendant’s claimed liability. [See *post,*p. 734.]
NRC ADVISORY COMMITTEE ON REACTOR SAFEGUARDS 

TO MEET DEC. 2-4 IN ROCKVILLE, MD. 

 

The Nuclear Regulatory Commission’s Advisory Committee on Reactor Safeguards (ACRS) 

will hold a public meeting Dec. 2-4 in Rockville, Md., to discuss several issues of current interest. 

Topics include:

Final safety evaluation report associated with the license renewal application for the 

Kewaunee Power Station 

Draft final rule and regulatory guidance regarding enhancements to emergency 

preparedness regulations 

Final safety evaluation report associated with the amendment to the AP1000 reactor 

design control document 

Safety culture policy statement 

 The ACRS advises the Commission, independently from the NRC staff, on safety issues 

related to the licensing and operation of nuclear power plants as well as those issues in the areas of 

health physics and radiation protection. 

 The meeting will be held in Room T-2B1 of the agency’s Two White Flint North building, 

at 11545 Rockville Pike. Sessions on Dec. 2 and Dec. 3 will run from 8:30 a.m. to 7 p.m. and Dec. 4 

will run from 8:30a.m. to 3:30 p.m. 

 Portions of the meeting may be closed to discuss information that includes classified, 

proprietary, or personnel matters. A complete agenda is available on the NRC’s website at 

http://www.nrc.gov/reading-rm/doc-collections/acrs/agenda/2010. 

Anyone with questions or who wants to make oral statements during the meeting should 

notify Ilka Berrios at (301) 415-3179. For video conferencing services, contact Theron Brown, at 

(301) 415-8066.

###

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should contact 

the Office of Public Affairs beforehand. 

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

No. 10-212 November 26, 2010
2 Enclosure 2 

(Public) Digital and Electrical Requests for Additional Information 

for Review of the International Isotopes 

Fluorine Products Application 

INSTRUMENTATION AND CONTROLS

RAI 1 (Closed) 

RAI 2 (Closed) 

RAI 3 (Closed) 

RAI 4 (Closed) 

RAI 5 (Closed) 

RAI 6 (Closed) 

RAI 7 (Closed) 

RAI 8 (Closed) 

RAI 9 (Closed) 

RAI 10 (Closed) 

ELECTRICAL SYSTEMS

RAI 1 (Closed) 

RAI 2 (Closed) 

RAI 3 (Closed) 

RAI 4 (Closed) 

RAI 5 (Closed) 

RAI 6 (Closed)
Presidential Documents

5457

Federal Register 

Vol. 69, No. 23

Wednesday, February 4, 2004

Title 3— 

The President 

Proclamation 7754 of February 2, 2004

American Heart Month, 2004

By the President of the United States of America 

A Proclamation

Heart disease is the leading cause of death in the United States. It affects 

men and women of every age and race. During American Heart Month, 

we encourage all Americans to join the fight against heart disease and 

to learn more about how to prevent it. 

More than 64 million Americans suffer from one or more forms of cardiovascular disease, including high blood pressure, coronary heart disease, congestive heart failure, stroke, and congenital heart defects. Many of the risk 

factors that can lead to heart disease, such as high blood pressure, high 

blood cholesterol, and diabetes, can be prevented or controlled. Research 

has shown that men and women who lead healthy lifestyles, including 

making healthy food choices, getting regular exercise, maintaining a healthy 

weight, and choosing not to smoke or drink excessively, can significantly 

decrease their risk of heart disease. 

Heart disease is responsible for the deaths of one in three women in the 

United States. To make women more aware of the danger of heart disease, 

the National Heart, Lung, and Blood Institute of the National Institutes 

of Health has joined with the Department of Health and Human Services 

and other national organizations to launch a nationwide campaign called 

‘‘The Heart Truth.’’ This important campaign encourages women to learn 

more about heart health, to lead healthier lives, and to talk with their 

doctors about their risk for developing heart disease. 

During American Heart Month, I urge all Americans to learn more about 

heart health and to reduce their risk factors for serious heart conditions. 

By making healthy choices, we can live longer and better lives. 

In recognition of the important ongoing fight against heart disease, the 

Congress, by Joint Resolution approved December 30, 1963, as amended 

(77 Stat. 843; 36 U.S.C. 101), has requested that the President issue an 

annual proclamation designating February as ‘‘American Heart Month.’’

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, do hereby proclaim February 2004 as American Heart Month. 

I invite the Governors of the States, the Commonwealth of Puerto Rico, 

officials of other areas subject to the jurisdiction of the United States, and 

the American people to join me in reaffirming our commitment to combating 

heart disease. 

5458 Federal Register / Vol. 69, No. 23 / Wednesday, February 4, 2004 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this second day 

of February, in the year of our Lord two thousand four, and of the IndependFiled 2

Billing code 3195

[FR Doc. 04

–3–04; 9:02 am] 

–2560

–01–P 

ence of the United States of America the two hundred and twenty-eighth.

W
Brazil Proposes Raising Biodiesel Mandate To B10

Brazil Proposes Raising Biodiesel Mandate To B10.htm[9/21/2015 12:59:46 PM]

Australian

State

 Considering Biofuel

 Mandate

Oil-Price

Slump

 Threatens Biofuels

 Growth

Port of

 Rotterdam: 2014 Biofuel

 Throughput Falls To 7-

Year Low

Mitigating

 Emissions Through

 Fossil-Fuel Subsidy

 Reform

EU

Biofuels

 Could

 Rise

 Without

 Adding To Deforestation

By Bryan Sims. Published September 18, 2015

INTERNATIONAL DEVELOPMENTS

Brazil Proposes Raising Biodiesel Mandate To B10

Archives Log In Subscribe Today

MENU


Proposed Law 2.751/2015, put forward by Congressman Luciano Ducci of Paraná, one of the main biodiesel 

producing states, would raise the current biodiesel mandate in three stages: from the current 7 vol% to 8 

vol% in 2016, to 9 vol% in 2017 and finally to 10 vol% in 2018. This would put Brazil’s biodiesel mandate on 

the same footing as Argentina and Colombia, which both have B10 mandates.

If approved by both houses of Congress and President Dilma Rousseff, it would be the second change in 

Brazil’s biodiesel mandate within the past six months, since September 2014 Law 13.033 was passed, 

increasing the mandate from 6 vol% to 7 vol%.

“Given the current weak economy and political climate in Brazil, increasing the biodiesel blend could provide 

financial support to the soybean sector, while also helping Petrobras lower its diesel imports,” according to 

analysis by Stratas Advisors, a Hart Energy company.

“Furthermore, ANFAVEA, Brazil’s vehicle manufacturers association, has not come out against the draft law, 

with previous statements showing support as long as increasing the blend is done responsibly,” Stratas noted.

Since the introduction of the new 7 vol% mandate, biodiesel production has risen 3% from September 2014 to 

June 2015, and 21% between June 2014 and June 2015, according to Stratas.

“The new mandate has helped soybean producers, which have seen their profits decline as sales to foreign 

markets, particularly China, decrease and commodity prices continues to decline,” Stratas observed.
§ 29.2 Procedures for issuing guidance documents. ( a ) The Department will indicate prominently that each guidance document does not bind the public, except as authorized by law or as incorporated into a contract.
( b ) The Department will comply with Executive Orders 12866, 13563, 13609, 13771 and 13777 in issuing guidance documents.
( c ) ( 1 ) For a significant guidance document, as determined by the Administrator unless the Department and the Administrator agree that exigency, safety, health, or other compelling cause warrants an exception from some or all requirements, the Department will: ( i ) Provide a period of public notice and comment of at least 30 days before issuance of a final guidance document, and a public response from the Department to major concerns raised in comments, except when the Department for good cause finds (and incorporates such finding and a brief statement of reasons therefor into the guidance document) that notice and public comment thereon are impracticable, unnecessary, or contrary to the public interest;
( ii ) Seek approval on a non-delegable basis by the Secretary or by a Department component head appointed by the President, before issuance; and
( iii ) Submit the significant guidance document for review by OIRA under Executive Order 12866 before issuance.
( 2 ) This section does not apply to pre-enforcement rulings.
( 3 ) This section does not apply to any document that falls within a class which the Administrator or the Administrator's designee has determined is exempt from consideration as significant guidance documents.
The Burlington Northern and Santa Fe Railway Amendment Dated September 4,2002



 EXHIBIT 10.19 
  
 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 
 BNSFC 302606 Amendment 2 
 REGULATED TRANSPORTATION CONTRACT 
  

			
	 Effective Date: 01-01-2001
	  	Expiration Date: 12-31-2013

  

	1.	INTRODUCTION 

  
 The parties to this Transportation Contract, as named below, desire to amend said Contract as stated herein, pursuant to 49 U. S. C. 10709. 
  
 CALIFORNIA STEEL INDUSTRIES, INC. 
 THE
BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 
  

	2.	TERM 

  
 The term of this Contract is being amended and shall be effective on 01/01/2001 and shall remain in effect through 12/31/2013. 
  

	3.	TRANSPORTATION SERVICE AGREEMENT 

  
 Amend Section “2.1” by deleting the first and second paragraphs and replacing said paragraphs with the following: 
  
 Liquidated damages will not apply on any annual tonnage deficit as outlined in Section 20,
“Minimum Volume Requirement”. In lieu of liquidated damages, any annual deficit tonnage under the minimum 1,400,000 metric tons will be added by way of additional yearly extensions of the contract, until such time as the deficit tonnage is
transported. For only this type of extension of the contract will the rates for any such yearly extension be subject to the RCAF (U) indices, which properly reflect actual yearly rail cost increases. 
  

	4.	RIGHT AND OBLIGATIONS 

  
 Nothing in this Amendment shall alter the rights or obligations of the parties, except as specifically provided for in the above. The terms and conditions of the Amendment will only apply to shipments tendered on or
subsequent to the effective date of this Amendment. 
  

	5.	SIGNATURES 

  
 Intending to be legally bound, the parties hereto have caused this Contract to be executed by their representatives as written below. 
  

			
	 CALIFORNIA STEEL INDUSTRIES, INC.

		
	By:	 	/s/    C. Lourenco Goncalves        
	 	 	


  
 DATE: 9/4/02 
  

 1 








 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY 
 BNSFC 302606 Amendment 2 
 REGULATED
TRANSPORTATION CONTRACT 
  

			
	 THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY

		
	By:	 	/s/    LONNIE WILSON        
	 	 	

	 	 	AVP Constr. Products

  
 DATE: 9/4/02 
  

 2
**Exhibit
      32.1**








**CERTIFICATIONS
      PURSUANT TO 18 U.S.C. SECTION 1350 AS ADDED BY**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**








In
      connection with the Quarterly Report
      of East Penn Financial Corporation (the “Company”) on Form 10-Q for the period
      ending March 31, 2007, as filed with the Securities and Exchange Commission
      (the
“Report”), I, **Brent L. Peters**, Chairman of the Board, President
      and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
      Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
      of
      2002, that:





·
            The
                Report fully complies with the requirements of Section 13(a) and
                15(d) of
                the Securities and Exchange Act of 1934;
                and





·
            To
                my knowledge, the information contained in the Report fairly presents,
                in
                all material respects, the Company’s consolidated financial condition and
                results of operations of the Company as of the dates and for the
                periods
                presented in the Report.











/s/
      Brent L.
      Peters


**Brent
      L. Peters**, Chairman of the Board, President and Chief Executive
      Officer





Dated:
        May 9, 2007








Page
      28
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM


To the Board of Directors
I-trax, Inc,

We hereby consent to the incorporation of our report dated February 16, 2004,
except for Note 19, as to which the date is March 19, 2004, included in this
Form 10-KSB/A, into the Company's previously filed Registration Statements on
Amendment No.1 to Forms S-3 (No. 333-108191), Amendment No.2 to Form S-3 (No.
333-110891), and Amendment No. 1 to Form S-3 (No. 333-114604).


   /s/ GOLDSTEIN GOLUB KESSLER LLP
   GOLDSTEIN GOLUB KESSLER LLP
   New York, New York
   August 11, 2004
§ 50.30 Fee structure for foreign trade and shipping statistics. ( a ) The Bureau of the Census is willing to furnish on a cost basis foreign trade and shipping statistics provided there is no serious interruption of the Bureau's regular work program.
( b ) In instances where information requested is not shown separately or not summarized in the form desired, it is necessary to conduct a prelimary investigation at the requestor's expense to determine whether the information can be compiled from the basic records and what the total cost will be. The preliminary investigation normally costs $250 but may be more depending on the circumstances. The total cost of the final report generally ranges from $500 to several thousand dollars for data covering a 12-month period.
( c ) Upon receipt of a request, information will be furnished as to whether the statistics are available and if so, the cost; or that a preliminary investigation must be conducted. When an investigation is completed, information will be furnished as to the cost of preparing the material, or as to the reason if the statistics cannot be compiled from our basic records.
(15 U.S.C. 1526 and 13 U.S.C. 8)
[28 FR 120, Jan. 4, 1963, as amended at 49 FR 3980, Feb. 1, 1984]
#### TOM WING PO v. ACHESON, Secretary of State.

No. 4804.

United States Court of Appeals Tenth Circuit.

June 22, 1954.

Joseph S. Hertogs, San Francisco (R. Dwight Wallace, Evanston, Wyo., with him on the brief), for appellant.

John F. Raper, Jr., Cheyenne, Wyo. (C. N. Bloomfield, Jr., Cheyenne, Wyo., with him on the brief), for appellee.

Before PHILLIPS, Chief Judge, and MURRAH and PICKETT, Circuit Judges.

PER CURIAM.

The appellant, Tom Wing Po, by his next friend, Tom Kum Woo, brought this action against Dean Acheson, then Secretary of State, under Section 503 of the Nationality Act of 1940, 54 Stat. 1171, 1172, 8 U.S.C. § 903 [1952 Revision, Immigration and Nationality Act, § 1503] for a judgment declaring the appellant to be a national of the United States. The trial court sustained a motion to dismiss the action on the grounds that Dean Acheson having ceased to be Secretary of State, and his successor, John Foster Dulles, not having been substituted within six months of the date of Acheson’s resignation as provided by Rule 25(d) F.R.C.P., 28 U.S.C.A. the action was abated. The sole question on appeal is whether Rule 25(d) is applicable to a suit of this nature.

Since this appeal was lodged, the Ninth Circuit has decided the same issue on indistinguishably similar facts in Acheson v. Furusho, and related cases, 212 F.2d 284. After an exhaustive review of the history of Rule 25(d), that court held the Rule and its progenitors applicable only to actions against officer defendants which abated at common law upon their separation from office, as in United States v. Boutwell, 1873, 17 Wall. 604, 84 U.S. 604, 21 L.Ed. 721. Under the rule in Boutwell, the action abated with the separation of the officer defendant when it sought to compel the defendant officer to perform a personal *662duty after his power to do so ceased with his separation from office.

We held to the same effect in Northwestern Lumber & Shingle Co. v. United States, 10 Cir., 170 F.2d 692, 693, saying, “ * * * at common law, an action against a public officer to compel personal performance of an official duty resting on him will abate upon his death or retirement from office. But the rule does not apply to a case where there is a continuing duty, irrespective of the incumbent, and the proceeding is undertaken to enforce an obligation of the state or municipal body to which the office is attached.” Giving effect to that limited application of the Rule, the Ninth Circuit held it inapplicable “ * * * to actions wherein the judgment merely adjudicates the nationality status of the plaintiff which, by the way, is as binding to the world as it is to the defendant officer who cannot be under any judicial command in relation to the operation of the judgment.” [212 F.2d 292.]

We concur in that view, and the case is accordingly reversed to proceed accordingly.
### SUBCHAPTER III—POLICING AUTHORITY
#### In the Matter of Tennyson Brown, Respondent, against Maurice Finkelstein et al., Constituting the Temporary City Housing Rent Commission of the City of New York, Appellants.

Present — Johnston, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ. [See *ante,*p. 772.]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BENJAMIN FREEMAN,

Plaintiff

- Appellant,

v.

CHARLES RYAN; et al.,

Defendants

- Appellees. No. 20

- 15998

D.C. No. 4:20

- cv

- 00101

- RM

- PSOT

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

Rosemary Márquez, District Judge, Presiding

Submitted February 17 , 2021 * *

Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges.

Arizona state prisoner Benjamin Freeman appeals pro se from the district

court’s judgment dismissing his 42 U.S.C. § 1983 action allegin g retaliation and

deliberate indifference claims

. W e have jurisdiction under 28 U.S.C. § 1291. We

review de n ovo a dismissal under 28 U.S.C. § 1915(e)

. Barren v. H a rrington , 152

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

FEB 24 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 20

- 15998

F.3d 1193, 1194 (9th Cir. 1998) (order)

. We affirm.

The district court properly dismissed Freeman’s action as duplicative

b ecause it is based on the same factual allegations as those in Freeman v. State of

Arizona , CV 18

- 01015

- PHX

- JAT. See Cato v. United States , 70 F.3d 1103, 1105

n.2 (9th Cir. 1995) (duplicative complaints can be dismissed as “abusive” under 28

U.S.C. § 1915(e))

.

T he district court did not abus e its discretion by dismissing Freeman’s

complaint without leave to amend because amendment would have been futile.

See Gordon v. City of Oakland , 627 F.3d 1092, 1094 (9th Cir. 2010) (setting forth

standard of review and grounds for dismissing without lea ve to amend).

Freeman’s request for a status report is denied as moot.

AFFIRMED.
Exhibit 32.1
 Certifications of the Chief Executive Officer and Chief Financial Officer pursuant to U.S.C.
Section 1350, as adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
 The following certifications accompany this report and are being furnished pursuant to Item
6 01(b)(32) of Regulation S-K promulgated under the Securities Act of 1933, as amended (the
Securities Act) and the Securities Exchange Act of 1934, as amended (the Exchange Act), and
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. These certifications shall not, except
to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Registrant for
purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section,
or incorporated by reference into any filing under the Securities Act or the Exchange Act, except
to the extent that the Registrant specifically incorporates them by reference into such a filing.
 
   /s/  Greg R. GianforteGreg R. GianforteChairman and Chief Executive Officer   /s/  Jeffrey C. DavisonJeffrey C. DavisonChief Financial Officer, Senior Vice President and Treasurer
(March 4, 1948.)

#### Isidor Neuwirth, Respondent, v. Philip Melvin, Appellant.

Motion for leave to appeal to the Court of Appeals denied. Present — Lewis, P. J, Cam-well, Adel, Sneed arid Wp-nzel, JJ. [See *ante,*p. 859.]
ARMENIAN INVESTMENT MARKET: ELECTRONICS

----

06 OCT 97
### §8126. Temporary occupancy of Potomac Park by Secretary of Agriculture

(a) Not More Than 75 Acres.—The Director of the National Park Service may allow the Secretary of Agriculture to temporarily occupy as a testing ground not more than 75 acres of Potomac Park not needed in any one season for reclamation or park improvement. The Secretary shall vacate the area at the close of any season on the request of the Director.

(b) Continue as Public Park Under Director.—This section does not change the essential character of the land used, which shall continue to be a public park under the charge of the Director.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 8126(a) | 40:89 (words before provisos, 2d proviso). | Mar. 3, 1899, ch. 458, §2 (2d par.), 30 Stat. 1378. |
| 8126(b) | 40:89 (1st, last provisos). | |

Section

For transfer of functions from the Secretary of War to the Director of the National Park Service, see the revision note under section 8108 of this title.

In subsection (a), the words "of such area or areas" and "in extent" are omitted as unnecessary.

In subsection (b), the words "as provided in section 86 of this title" are omitted as obsolete.
### SUBCHAPTER II—USE OF PROPERTY
#### § 1500.17 Person.

*Person* means any individual, group of individuals, partnership, corporation, association, cooperative or any other entity.