alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lillian R. Cook, Respondent, v. Margaret Lewis, Appellant.

Defendant appeals from an order at a Trial Term of the Supreme Court in Albany County, setting aside the verdict of a jury in plaintiff’s favor for $1,000 as inadequate, and granting a new trial. Plaintiff, while clearing leaves in a parking lot adjoining the apartment house of which she was superintendent, was struck by an automobile which defendant was backing in order to drive from the lot. Testimony for plaintiff indicated injuries of some consequence to the left hip, leg and knee, with swelling and inflammation developing in the synovial membrane of the knee to the extent that, a month after the accident, a plaster cast was applied to immobilize the knee joint. The cast was worn for about three *1202weeks with an Aee bandage thereafter. Plaintiff used crutches for several weeks after removal of the cast and, thereafter, used a cane. At the time of the trial there was evidence of pain and restriction of knee motion, stated to be permanent and progressive. X rays taken at the instance of both parties were negative. There was medical testimony in behalf of the defendant to the effect that, though plaintiff presented subjectively a picture of a very substantial restriction in the left knee, the doctor could find no objective symptoms or normal medical basis for her inability to bend that knee. The discretion vested in the trial court by section 549 of the Civil Practice Act recognizes the position of the judge presiding at a trial and places upon him *“*the duty of maintaining reasonable consistency between the weight of evidence and the verdict reached.” *(Mann*v. *Hunt,*283 App. Div. 140, 142.) Appellant has not demonstrated that the order for a new trial was not reasonably grounded. Order unanimously affirmed, with $10 costs and disbursements. Present — Foster, P. J., Bergan, Halpern, Imrie and Zeller, JJ.
### §10608. Transferred

#### **Editorial Notes**

#### Codification

Section 10608 was editorially reclassified as section 20142 of Title 34, Crime Control and Law Enforcement.
I 

112TH CONGRESS 

2D SESSION H. R. 3912 

To designate the facility of the United States Postal Service located at 

110 Mastic Road in Mastic Beach, New York, as the ‘‘Brigadier General 

Nathaniel Woodhull Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2012 

Mr. BISHOP of New York (for himself, Mr. RANGEL, Mr. HANNA, Mr. ISRAEL, 

Mr. SERRANO, Mr. KING of New York, Mr. GRIMM, Mr. ENGEL, Mr. 

HIGGINS, Mr. TONKO, Mr. OWENS, Mrs. LOWEY, Ms. SLAUGHTER, Mr. 

ACKERMAN, Mrs. MALONEY, Mr. TOWNS, Mr. HINCHEY, Ms. BUERKLE, 

Ms. HAYWORTH, Mrs. MCCARTHY of New York, Mr. CROWLEY, Ms. 

VELA ́ZQUEZ, Mr. NADLER, Mr. GIBSON, Ms. HOCHUL, Ms. CLARKE of 

New York, Mr. TURNER of New York, Mr. REED, and Mr. MEEKS) introduced the following bill; which was referred to the Committee on Oversight and Government Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 110 Mastic Road in Mastic Beach, New York, 

as the ‘‘Brigadier General Nathaniel Woodhull Post Office Building’’. 

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


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3912 IH

1 SECTION 1. BRIGADIER GENERAL NATHANIEL WOODHULL 

2 POST OFFICE BUILDING. 

3 (a) DESIGNATION.—The facility of the United States 

4 Postal Service located at 110 Mastic Road in Mastic 

5 Beach, New York, shall be known and designated as the 

6 ‘‘Brigadier General Nathaniel Woodhull Post Office Build7 ing’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 

10 States to the facility referred to in subsection (a) shall 

11 be deemed to be a reference to the ‘‘Brigadier General 

12 Nathaniel Woodhull Post Office Building’’. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS
§ 209.0-1 Availability of forms. ( a ) This part identifies and describes the forms for use under the Securities and Exchange Commission's Rules of Practice, part 201 of this chapter.
( b ) Any person may obtain a copy of any form prescribed for use in this part by written request to the Securities and Exchange Commission, 100 F Street, NE., Washington, D.C. 20549. Any person may inspect the forms at this address and at the Commission's regional offices. (See § 200.11 of this chapter for the addresses of the SEC regional offices.)
[60 FR 32823, June 23, 1995, as amended at 73 FR 32227, June 5, 2008]
### §1320b–15. Protection of social security and medicare trust funds

#### (a) In general

No officer or employee of the United States shall—

(1) delay the deposit of any amount into (or delay the credit of any amount to) any Federal fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits,

(2) refrain from the investment in public debt obligations of amounts in any Federal fund, or

(3) redeem prior to maturity amounts in any Federal fund which are invested in public debt obligations for any purpose other than the payment of benefits or administrative expenses from such Federal fund.

#### (b) "Public debt obligation" defined

For purposes of this section, the term "public debt obligation" means any obligation subject to the public debt limit established under section 3101 of title 31.

#### (c) "Federal fund" defined

For purposes of this section, the term "Federal fund" means—

(1) the Federal Old-Age and Survivors Insurance Trust Fund;

(2) the Federal Disability Insurance Trust Fund;

(3) the Federal Hospital Insurance Trust Fund; and

(4) the Federal Supplementary Medical Insurance Trust Fund.

(Aug. 14, 1935, ch. 531, title XI, §1145, as added Pub. L. 104–121, title I, §107(a), Mar. 29, 1996, 110 Stat. 856.)

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

#### Effective Date

Pub. L. 104–121, title I, §107(b), Mar. 29, 1996, 110 Stat. 857, provided that: "The amendment made by this section [enacting this section] shall take effect on the date of the enactment of this Act [Mar. 29, 1996]."
§ 23.104 Equity Withdrawal Restrictions. ( a ) *Equity withdrawal restrictions.* The capital of a swap dealer, including the capital of any affiliate or subsidiary whose liabilities or obligations are guaranteed, endorsed, or assumed by the swap dealer may not be withdrawn by action of the swap dealer or its equity holders, or by redemption of shares of stock by the swap dealer or by such affiliates or subsidiaries, or through the payment of dividends or any similar distribution, nor may any unsecured advance or loan be made to an equity holder or employee if, after giving effect thereto and to any other such withdrawals, advances, or loans which are scheduled to occur within six months following such withdrawal, advance or loan, the swap dealer's regulatory capital is less than 120 percent of the minimum regulatory capital required under § 23.101 of this part. The equity withdrawal restrictions, however, do not preclude a swap dealer from making required tax payments or from paying reasonable compensation to equity holders. The Commission may, upon application by the swap dealer, grant relief from this paragraph (a) if the Commission deems such relief to be in the public interest.
( b ) *Temporary equity withdrawal restrictions by Commission order.* ( 1 ) The Commission may by order restrict, for a period of up to twenty business days, any withdrawal by a swap dealer of capital or any unsecured loan or advance to a stockholder, partner, member, employee or affiliate under such terms and conditions as the Commission deems appropriate in the public interest if the Commission, based on the information available, concludes that such withdrawal, loan or advance may be detrimental to the financial integrity of the swap dealer, or may unduly jeopardize the swap dealer's ability to meet its financial obligations to counterparties or to pay other liabilities which may cause a significant impact on the markets or expose the counterparties and creditors of the swap dealer to loss.
( 2 ) An order temporarily prohibiting the withdrawal of capital shall be rescinded if the Commission determines that the restriction on capital withdrawal should not remain in effect. A hearing on an order temporarily prohibiting withdrawal of capital will be held within two business days from the date of the request in writing by the swap dealer.
[85 FR 57551, Sept. 15, 2020]
#### Daniel A. MacEwan, as Executor of James W. MacEwan, Deceased, Respondent, v. Florence A. MacEwan, Appellant.

*894Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ.
_____________ No. 95-3455NI

_____________ Lloyd E. Humphreys, * * Appellant, * Appeal from the United States * District Court for the Northern v. * District of Iowa. * United States of America, * [UNPUBLISHED] * Appellee. *

_____________ Submitted: May 2, 1996 Filed: May 7, 1996

_____________ Before FAGG, BOWMAN, and BEAM, Circuit Judges.

_____________ PER CURIAM.

A jur y found Lloyd E. Humphreys guilty of tax offenses, and w e affirmed his conviction. See United States v. Humphreys , 982 F.2d 254 (8t h Cir. 1992), cert. denied , 114 S. Ct. 61 (1993). Humphreys then filed this 28 U.S.C. § 2255 motion, and the district court denied relief without an evidentiary hearing. Humphreys appeals. Having carefully reviewed the record, we are convinced that Hum phreys is not entitled to § 2255 relief. See United St ates v. Duke , 50 F.3d 571, 576 (8th Cir.) (stand ard of review), cert. denied , 116 S. Ct. 224 (1995). Some of the grounds asserted in Humphreys's motion were resolved against himon direct appeal and cannot be relitigated here. See Humphreys , 982 F.2d at 257-62; Dall v. United States , 957 F.2d 571, 572-73 (8th Cir. 1992 ) (per curiam). Other grounds asserted by Humphreys could have been raised at trial or on direct appeal, but were not, and are thus procedurall y defaulted. See Anderson v. United States , 25 F.3d

### -2-

704, 706 (8th Cir. 1994); United States v. Smith , 843 F.2d 1148, 1149 (8th Cir. 1988) (per curiam). We reject Humphreys's assertion of ineffective assistance of counsel, both as an independent gr ound and as cause excusing his default. See Strickland v. Washington , 466 U.S. 668, 694 (1984); Reid v. United States , 976 F.2d 446, 447-48 (8th Cir. 1992), cert. denied , 507 U.S. 945 (1993). Accordingly, we affirm the judgment of the district court.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
September 1 7 , 2013



### JUDGMENT 

## The Fourteenth Court of Appeals

DAVID REYNOLDS , Appellant

NO. 14

- 13

- 00589

- CV V.

WELLS FARGO BANK, NA , Appellee

________________________________ Today the Court heard appellant's motion to dismiss the appeal from the order signed by the court below on June 6, 2013. Having considered the motion and found it meritorious, we order the appeal DISMISSED

.
We further order that all costs incurred by reason of this appeal be paid by appellant, David Reynolds.
We further order this decision certified below for observance.
**
**Exhibit 31.1**

**CERTIFICATION**

I, CoreyHenry, certify that: 

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Drive Auto Receivables Trust 2019-2 (the“Exchange Act periodic reports”); 

2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not containany untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3. Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports; 

4. Basedon my knowledge and the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement inall material respects; and 

5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included inthis report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: Citibank,N.A. 

 
By: /s/ Corey HenryName: Corey HenryTitle: President and Chief Executive Officer Santander Drive Auto Receivables LLC, as Depositor (senior officer in charge of securitization of the depositor)Date: March 31, 2023**
PUBLIC LAW 115–346—DEC. 21, 2018 132 STAT. 5053 

LEGISLATIVE HISTORY—H.R. 1850: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Dec. 11, considered and passed House. 

Dec. 19, considered and passed Senate. 

Æ 

Public Law 115–346 

115th Congress 

An Act 

To designate the facility of the United States Postal Service located at 907 Fourth 

Avenue in Lake Odessa, Michigan, as the ‘‘Donna Sauers Besko Post Office’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. DONNA SAUERS BESKO POST OFFICE. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 907 Fourth Avenue in Lake Odessa, Michigan, 

shall be known and designated as the ‘‘Donna Sauers Besko Post 

Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Donna Sauers Besko Post Office’’. 

Approved December 21, 2018. 

Dec. 21, 2018 

[H.R. 1850]
§ 23.155 Calculation of variation margin. ( a ) *Means of calculation.* ( 1 ) Each business day each covered swap entity shall calculate variation margin for itself and for each counterparty that is a swap entity or a financial end user using methods, procedures, rules, and inputs that to the maximum extent practicable rely on recently-executed transactions, valuations provided by independent third parties, or other objective criteria.
( 2 ) Each covered swap entity shall have in place alternative methods for determining the value of an uncleared swap in the event of the unavailability or other failure of any input required to value a swap.
( b ) *Control mechanisms.* ( 1 ) Each covered swap entity shall create and maintain documentation setting forth the variation methodology with sufficient specificity to allow the counterparty, the Commission, the registered futures association, and any applicable prudential regulator to calculate a reasonable approximation of the margin requirement independently.
( 2 ) Each covered swap entity shall evaluate the reliability of its data sources at least annually, and make adjustments, as appropriate.
( 3 ) The Commission or the registered futures association at any time may require a covered swap entity to provide further data or analysis concerning the methodology or a data source, including: ( i ) An explanation of the manner in which the methodology meets the requirements of this section;
( ii ) A description of the mechanics of the methodology;
( iii ) The conceptual basis of the methodology;
( iv ) The empirical support for the methodology; and
( v ) The empirical support for the assessment of the data sources.
# Subpart 3425.1—Buy American—Supplies

**Parent topic:**PART 3425—FOREIGN ACQUISITION

## 3425.103 Exceptions.

The HCA approves determinations under FAR 25.103(b)(2)(i).
§ 230.159 Information available to purchaser at time of contract of sale. ( a ) For purposes of section 12(a)(2) of the Act only, and without affecting any other rights a purchaser may have, for purposes of determining whether a prospectus or oral statement included an untrue statement of a material fact or omitted to state a material fact necessary in order to make the statements, in the light of the circumstances under which they were made, not misleading at the time of sale (including, without limitation, a contract of sale), any information conveyed to the purchaser only after such time of sale (including such contract of sale) will not be taken into account.
( b ) For purposes of section 17(a)(2) of the Act only, and without affecting any other rights the Commission may have to enforce that section, for purposes of determining whether a statement includes or represents any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading at the time of sale (including, without limitation, a contract of sale), any information conveyed to the purchaser only after such time of sale (including such contract of sale) will not be taken into account.
( c ) For purposes of section 12(a)(2) of the Act only, knowing of such untruth or omission in respect of a sale (including, without limitation, a contract of sale), means knowing at the time of such sale (including such contract of sale).
[70 FR 44804, Aug. 3, 2005]
**
**Exhibit 35.1**

**SERVICER COMPLIANCE STATEMENT**

In connection with the Annual Report on Form 10-K of Santander Drive Auto Receivables Trust 2019-2 for the fiscal year ended December 31, 2021, (the “Report”), the undersigned, a duly authorized officer of Santander Consumer USA Inc. (the “Servicer”), does hereby certify andrepresent that: 

 
 1.
A review of the activities and performance of the Servicer under the Sale and Servicing Agreement, dated as ofMay 22, 2019, among Santander Drive Auto Receivables LLC, Santander Consumer USA Inc., Santander Drive Auto Receivables Trust 2019-2 and Wells Fargo Bank, National Association (the “Agreement”)during the period that is the subject of the Report has been made under my supervision. 

 
 2.
To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under theAgreement in all material respects throughout the period that is the subject of the Report. 

 
SANTANDER CONSUMER USA INC.By: /s/ Marc WomackName: Marc WomackTitle: EVP, Head of OperationsDate: March 31, 2022By: /s/ Erik LaneyName: Erik LaneyTitle: TreasurerDate: March 31, 2022**
§ 6.152 Program accessibility: Electronic and information technology. ( a ) When developing, procuring, maintaining, or using electronic and information technology, the Commission shall ensure, unless an undue burden would be imposed on the agency, that the electronic and information technology allows, regardless of the type of medium of the technology: ( 1 ) Individuals with disabilities who are employees to have access to and use of information and data that is comparable to the access to and use of the information and data by employees who are not individuals with disabilities; and
( 2 ) Individuals with disabilities who are members of the public seeking information or services from the Commission to have access to and use of information and data that is comparable to the access to and use of the information and data by members of the public who are not individuals with disabilities.
( b ) When the development, procurement, maintenance, or use of electronic and information technology that meets the standards published by the Architectural and Transportation Barriers Compliance Board pursuant to section 508(a)(2) of the Rehabilitation Act of 1973, as amended, would impose an undue burden on the Commission, the Commission shall provide individuals with disabilities covered by paragraph (a) of this section with the information and data involved by an alternative means of access that allows such individuals to use the information and data.
( c ) This section shall not apply to any matter legally exempted by section 508, by the standards referenced in paragraph (b) of this section, or by other applicable law or regulation. Nothing in this section shall be construed to limit any right, remedy, or procedure otherwise available under any provision of federal law (including sections 501 through 505 of the Rehabilitation Act of 1973, as amended) that provides greater or equal protection for the rights of individuals with disabilities than section 508.
[66 FR 51863, Oct. 11, 2001]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Farm Credit Administration

# AGENCY:

Farm Credit Administration. 

# SUMMARY:

Notice is hereby given, pursuant to the Government in the Sunshine Act (5 U.S.C. 552b(e)(3)), of the regular meeting of the Farm Credit Administration Board (Board). 

# DATES:

The regular meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on December 9, 2004, from 9 a.m. until such time as the Board concludes its business. 

# FOR FURTHER INFORMATION CONTACT:

Jeanette C. Brinkley, Secretary to the Farm Credit Administration Board, (703) 883-4009, TTY (703) 883-4056. 

# ADDRESSES:

Farm Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-5090. 

# SUPPLEMENTARY INFORMATION:

Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. In order to increase the accessibility to Board meetings, persons requiring assistance should make arrangements in advance. The matters to be considered at the meeting are: 

## Open Session 

### A. Approval of Minutes 

    - November 18, 2004 (Open).

### B. Reports 

    - Farm Credit System Building Association Quarterly Report.
    - Corporate Report.
    - FCS of America Termination Summary.

### C. New Business—Regulations 

    - Governance—Proposed Rule.

## Closed Session* 

    - OSMO Quarterly Report.

*Session Closed—Exempt pursuant to 5 U.S.C. 552b(c)(8) and (9). 

Dated: December 2, 2004. 

Jeanette C. Brinkley, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 04-26807 Filed 12-2-04; 11:04 am] 

BILLING CODE 6705-01-P
#### MARC V, by next friend Dr Eugene V, Plaintiff-Appellant Mu-Hsian V, Intervenor Plaintiff-Appellant v. NORTH EAST INDEPENDENT SCHOOL DISTRICT, Defendant-Appellee.

No. 06-51296.

United States Court of Appeals, Fifth Circuit.

Sept. 18, 2007.

Bill F. Fowler, for Plaintiff-Appellant.

Christopher L. Jonas, Law Offices of Christopher Jonas, Corpus Christi, TX, for Intervenor Plaintiff-Appellant.

Jeffrey L. Rogers, Miles Thomas Bradshaw, Feldman & Rogers, Houston, TX, for Defendant-Appellee.

Before REAVLEY, BARKSDALE and PRADO, Circuit Judges.

PER CURIAM: *

Judge Rodriguez carefully considered the claims made by the plaintiffs and essentially for the reasons he gave in his opinion and order, the judgment is affirmed.

AFFIRMED.

*

 Pursuant to 5th Cir. R. 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 5th Cir. R. 47.5.4.