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that this opinion should not be published and is not precedent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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-00470

 

IN RE: TONY EPPS,

 Movant.

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

Motion for an order authorizing

the United States District Court for the Southern

District of Texas to consider

a successive habeas corpus application

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

December 15, 1997

Before WIENER, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

 Tony Epps, Texas prisoner # 450886, has moved this court

for an order authorizing him to file a successive 28 U.S.C.

§ 2254 habeas corpus application in the district court. Epps

asserts that his counsel was ineffective because he erroneously

informed him that he could receive probation, insisted that he

waive his right to jury trial, and caused him to reject the

state’s offer of a 45-year sentence. He also contends that the

trial court abused its discretion at sentencing by admitting
No. 97-00470

- 2 -

evidence that proved elements not charged in the indictment, thus

allowing proof of an essential element of the crime on an

alternative basis, which he admits is permitted by statute. 

Epps does not make a prima facie showing that his successive

§ 2254 habeas corpus application is based on newly discovered

evidence or on a new rule of constitutional law, made retroactive

to cases on collateral review by the Supreme Court, that was

previously unavailable. See 28 U.S.C. § 2254(b)(2). Therefore,

Epps’ motion for permission to file a successive § 2254

application is DENIED.
#### Spotless Stores, Inc., Appellant, *v.*Helen Smith, Respondent. (And Nine Other Cases.)

First Department,

October 30, 1951.

*27
      *Paul B. Shaw*of counsel *(Solomon Weinstein*with him on the brief; *Paul B. Shaw,*attorney), for appellant.

*J. Howard Bossbach*of counsel *(Max Lerner*and *Lawrence J. Logan*with him on the brief; *J. Howard Bossbach,*attorney), for respondent.

*Per Curiam.*

The dismissal of the summary proceedings would seem to be improper.

(1) The Municipal Court found that the landlord had abandoned its intention to withdraw the housing accommodations from the rental market. This finding was unwarranted on the basis of a mere entry in the specification sheet of an application for permission to alter the building. The landlord should have been given a full opportunity to explain such entry and shew its actual significance.

(2) In any event, the Municipal Court should not have decided the issue as to whether there had been an abandonment of the purpose for which the certificates of eviction had been issued. We deem that the proper procedure under the law requires the Rent Administrator to decide questions of this kind. On a prima facie showing of intention to abandon such purpose the Municipal Court should stay the trial of any summary proceeding for a reasonable time in order to allow the tenant to apply to the Rent Commission for revocation of the certificate of eviction. The emergency statute and the rules adopted thereunder would appear to give the Rent Administrator power to entertain an application for revocation and allow him to waive any time limitation contained in the rules *28with respect thereto upon good cause shown. Certainly an abandonment of the basic intention or original purpose of the landlord occurring after expiration of the usual time for protest or review would constitute good cause for waiver of any limitation of time. And such abandonment would justify revocation, if established.

The determination of the Appellate Term and the final orders of the Municipal Court should be reversed and a new trial ordered, with costs to the appellant, in all courts, to abide the event. The trial of the summary proceedings may, however, be stayed for a reasonable period pending an application to the Rent Commission for revocation of the certificates of eviction, if the tenants be so advised. Settle order.

Peck, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ., concur.

Determination of the Appellate Term and the final orders of the Municipal Court unanimously reversed and a new trial ordered, with costs to the appellant, in all courts, to abide the event. The trial of the summary proceedings may, however, be stayed for a reasonable period pending an application to the Rent Commission for revocation of the certificates of eviction, if the tenants be so advised. Settle order on notice.
§ 30.28 Split shipments. A split shipment is a shipment covered by a single EEI record booked for export on one conveyance that is divided for shipment on more than one conveyance by the exporting carrier prior to export. The exporting carrier must file the manifest in accordance with CBP regulations indicating that the cargo was sent on two or more of the same type of conveyance of the same carrier leaving from the same port of export within 24 hours by vessel or 7 days by air, truck, or rail. For the succeeding parts of the shipment that are exported within the time frames specified above, a new EEI record will not be required. However, for the succeeding parts of the shipment that are not exported within the time frames specified above, a new EEI record must be filed and amendments must be made to the original EEI record. If a new EEI record is required, the original ITN data element may be used. The following procedures apply for split shipments: ( a ) The carrier shall submit the manifest to the CBP Port Director with the manifest covering the conveyance on which the first part of the split shipment is exported and shall make no changes to the EEI. However, the manifest shall show in the “number of packages” column the actual portion of the declared total quantity being carried and shall carry a notation to indicate “Split Shipment” e.g., “3 of 10—Split Shipment.” All associated manifests with the notation “Split Shipment” will have identical ITNs if exported within 24 hours by vessel or 7 days by air, truck, or rail.
( b ) On each subsequent manifest covering a conveyance on which any part of a split shipment is exported, a prominent notation “SPLIT SHIPMENT”, e.g. “4 of 10—Split shipment” shall be made on the manifest for identification. On the last shipment, the notation shall read “SPLIT SHIPMENT, FINAL, e.g., “10 of 10 Split Shipment, Final”.” Each subsequent manifest covering a part of a split shipment shall also show in the “number of packages” column only the goods carried on that particular conveyance and a reference to the total number originally declared for export (for example, 5 of 11, or 5/11). Immediately following the line showing the portion of the split shipment carried on that conveyance, a notation will be made showing the bill of lading number, air waybill number, or other commercial loading documents shown in the original EEI and the portions of the originally declared total carried on each previous conveyance, together with the number and date of each such previous conveyance.
[73 FR 31555, June 2, 2008, as amended at 78 FR 16379, Mar. 14, 2013; 82 FR 18391, Apr. 19, 2017]
#### § 2009.1 Information required in representation.

( a ) Each representation submitted under section 422 should state clearly on the first page that the representation is a request for action with respect to the obligations of the United States under the Agreement, and should contain the following information: ( 1 ) The foreign country making the representation, the division of the foreign country's government representing that country's interest, the person(s) within the division who is (are) coordinating the foreign country's representation.
( 2 ) A description of the standards-related activity at issues, including, whenever possible, copies of the standards-related activity's provisions.
( 3 ) Identification of the foreign goods or services affected by the standards-related activity at issue.
( 4 ) A statement of how the standards-related activity concerned is alleged to violate the obligations of the United States under the Agreement. This statement shoud indicate with particularity which such obligations are alleged to be violated.
( 5 ) Indication as to whether the foreign country has officially petitioned, filed or complained for relief concerning the same subject matter as this representation to any international forum.

( b ) Each representation submitted under section 422 of the Act must contain information sufficient to provide a reasonable indication that the standards-related activity concerned is having a significant trade effect, including (but not limited to) the volume of trade in the goods concerned.

( c ) Representations should be submitted in 10 copies.

(5 U.S.C. 301; 19 U.S.C. 2504(b), 2551-2554; E.O. 11846, 40 FR 14291; Reorganization Plan No. 3 of 1979, 44 FR 69173; E.O. 12188, 45 FR 989)

[47 FR 50207, Nov. 5, 1982]
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Michae l G . Metcalf

e P.O . Bo x 57 3 Ingleside , Ontari o K0C1M 0 613.537.986 9 mmetcalfe2@cogeco.c a
#### Leonard Udolf *v.*Plan and Zoning Commission of the Town of West Hartford et al.

*Wesley W. Horton,*in support of the petition.

*Richard P. Weinstein*and *Patrick G. Alair,*in opposition.

Decided January 12, 1988

The plaintiffs petition for certification for appeal from the Appellate Court is denied.
Order entered July 11, 2013 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00821-CV 

No. 05-13-00823-CV 

No. 05-13-00824-CV 

No. 05-13-00825-CV 

No. 05-13-00826-CV 

No. 05-13-00827-CV 

IN RE MICHAEL DAVIS, RELATOR

On Appeal from the 194th Judicial District Court 

Dallas County, Texas 

Trial Court Cause Nos. F99-99980, F99-99981, 

 F99-99982, F99-99983, F99-99984 and F99-99985 

ORDER 

Based on the Court’s opinion of today’s date, we DENY relator’s petition for writ of 

mandamus. We ORDER that relator bear the costs of this original proceeding. 

/s/ DAVID L. BRIDGES 

 JUSTICE
NRC ISSUES FINAL ENVIRONMENTAL IMPACT STATEMENT 

FOR SOUTH TEXAS PROJECT NEW REACTORS APPLICATION 

The Nuclear Regulatory Commission has completed its Final Environmental Impact 

Statement (FEIS) for the proposed South Texas Project Units 3 and 4, reactors and concludes that 

there are no environmental impacts that would preclude issuing Combined Licenses (COL) for 

construction and operation of the proposed reactors at the site, near Bay City, Texas.

The FEIS is available on the NRC website at: 

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1937/. The NRC environmental

review included public meetings near the site in February 2008 to gather comments on the scope of 

the review. The staff considered comments from members of the public, local officials, and 

representatives of state and federal agencies before issuing a draft EIS in March 2010. The staff held 

additional public meetings in May 2010 to gather comments on the draft EIS.

The NRC received the South Texas Project COL application on Sept. 27, 2007. The 

applicant, Nuclear Innovation North America, seeks approval to build and operate two Advanced 

Boiling Water Reactors (ABWR) at the site. The ABWR is a 1,200 MWe design certified by the 

NRC in 1997; more information on the design is available on the NRC website at:

http://www.nrc.gov/reactors/new-reactors/design-cert/abwr.html.

The NRC’s publishing of the FEIS is only part of the overall South Texas Project COL

review. The agency staff continues to compile its final safety evaluation report (SER), which will 

include recommendations from the NRC’s Advisory Committee on Reactor Safeguards, an 

independent group of nuclear safety experts. The NRC’s final licensing decision will be based on 

the FEIS and SER findings, along with a ruling from the five-member Commission that heads the 

agency.

The South Texas Project FEIS can also be viewed in the NRC’s ADAMS online documents 

system at http://www.nrc.gov/reading-rm/adams/web-based.html by entering accession numbers

ML11049A000 and ML11049A001 in the search window. The FEIS is also available for review at 

the Bay City Public Library, 1100 7th St. in Bay City.

###

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: www.nrc.gov

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

No. 11-033 March 2, 2011
#### Edward Marchitelli, et al., Appellants, v. Joseph N. Harbatowski, Respondent.

Judgment affirmed, with costs. We hold that sections 131,132 and 158 of the Tax Law of the State of New York are applicable to Niagara County. All concur. (The judgment is for defendant in an action in ejectment.) Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ.
### §152407. Provision and acceptance of support by Librarian of Congress

(a) Provision by Librarian.—(1) The Librarian may provide personnel, facilities, and other administrative services to the corporation. Administrative services may include reimbursement of expenses under section 152403(f).

(2) The corporation shall reimburse the Librarian for support provided under paragraph (1) of this subsection. Amounts reimbursed shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing the support.

(b) Acceptance by Librarian.—The Librarian may accept, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5 and related regulations, the services of the corporation and its directors, officers, and employees as volunteers in performing functions authorized under this chapter, without compensation from the Library of Congress.

(Added Pub. L. 106–474, title II, §201(a), Nov. 9, 2000, 114 Stat. 2094.)
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2012 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 2012

To require the Secretary of Defense to implement fully by September 30, 
  2004, requirements for additional Weapons of Mass Destruction Civil 
                             Support Teams.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2003

 Mr. Gibbons introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To require the Secretary of Defense to implement fully by September 30, 
  2004, requirements for additional Weapons of Mass Destruction Civil 
                             Support Teams.

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

SECTION 1. SHORT TITLE.

     This Act may be cited as the ``Weapons of Mass Destruction Civil 
Support Team Implementation Act of 2003''.

SEC. 2. FULL IMPLEMENTATION OF REQUIREMENTS FOR ADDITIONAL WEAPONS OF 
              MASS DESTRUCTION CIVIL SUPPORT TEAMS.

    (a) Deadline for Full Implementation.--The Secretary of Defense 
shall fully implement the requirements regarding the establishment and 
number of Weapons of Mass Destruction Civil Support Teams under section 
1403(a) of the Bob Stump National Defense Authorization Act for Fiscal 
Year 2003 (Public Law 107-314; 116 Stat. 2676; 10 U.S.C. 12310 note) 
not later than September 30, 2004.
    (b) Personnel.--In order to meet the requirement in subsection (a), 
the authorized end strengths for members of the National Guard serving 
on full-time National Guard duty as of September 30, 2004, shall be 
increased over the number of such members otherwise authorized by law 
by the number of such members as follows:
            (1) For the Army National Guard of the United States, 414 
        members of the National Guard.
            (2) For the Air National Guard of the United States, 92 
        members of the National Guard.
    (c) Funding.--(1) From the aggregate amount authorized to be 
appropriated for procurement for the Armed Forces by title I of the 
National Defense Authorization Act for Fiscal Year 2004, there shall be 
available (and may be transferred to other authorizations of 
appropriations, as appropriate) such sums as the Secretary considers 
appropriate to meet the requirement in subsection (a) in accordance 
with this section.
    (2) The Secretary shall allocate among the accounts for procurement 
for the Armed Forces for fiscal year 2004 the reduction in amounts 
available for such procurement under title I of that Act by reason of 
the availability of funds under paragraph (1) to meet the requirement 
in subsection (a).
                                 <all>
```
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          AND CHIEF FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with this Quarterly Report of Mortgagebrokers.com Holdings, Inc.
(the "Company") on Form 10-QSB for the period ending September 30, 2006, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Alex Haditaghi, Chief Executive Officer and Chief Financial
Officer of the Company, certifies to the best of his knowledge, pursuant to 18
U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of
2002, that:

     1.   Such Quarterly Report on Form 10-QSB for the period ending September
          30, 2006, 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 such Quarterly Report on Form 10-QSB for
          the period ending September 30, 2006, fairly presents, in all material
          respects, the financial condition and results of operations of
          Mortgagebrokers.com Holdings, Inc.

Dated: November 20, 2006

MORTGAGEBROKERS.COM HOLDINGS, INC.

By:  /s/ Alex Haditaghi

President, Chief Executive Officer

Chief Financial Officer and

Chairman of Board of Directors
[Federal Register Volume 84, Number 20 (Wednesday, January 30, 2019)]
[Notices]
[Page 489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00247]



[[Page 489]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Deafness and Other Communication Disorders 
Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Communication Disorders Review Committee.
    Date: February 7-8, 2019.
    Time: 8:00 a.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Baltimore Marriott Waterfront, 700 Aliceanna Street, 
Baltimore, MD 21202.
    Contact Person: Eliane Lazar-Wesley, Ph.D., Scientific Review 
Officer, Division of Extramural Activities, National Institute on 
Deafness and other Communication Disorders/NIH, 6001 Executive 
Blvd., MSC 9670, Bethesda, MD 20892-8401, 301-496-8683, 
<a href="/cdn-cgi/l/email-protection#c8ada4feba88a6a1a0e6afa7be"><span class="__cf_email__" data-cfemail="abcec79dd9ebc5c2c385ccc4dd">[email protected]</span></a>.

    ``This meeting notice is being published less than 15 days in 
advance of the meeting due to the partial Government shutdown of 
December 2018.''

(Catalogue of Federal Domestic Assistance Program Nos. 93.173, 
Biological Research Related to Deafness and Communicative Disorders, 
National Institutes of Health, HHS)

    Dated: January 23, 2019.
Sylvia L. Neal,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2019-00247 Filed 1-29-19; 8:45 am]
 BILLING CODE 4140-01-P


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-       - Superintendent of Documents
      - 2023-09-01T17:28:17-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
(April 5, 1948.)

#### Dorothy H. Fox, Appellant, v. William F. Fox, Respondent.

Motion referred to the court that rendered the decision. Present — Lewis, P. J., Carswell, Adel, Sneed and Wenzel, JJ. Motion to resettle order of this court dated March 1,1948 *(ante,*p. 895), granted, and order resettled so as to include the sum of $164.10, as accrued interest, and the decision amended accordingly. Present — Lewis, P. J., Carswell, Johnston, Adel and Wenzel, JJ.