alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

LOWELL W. ROGERS, 

Plaintiff-Appellant,

v.

AMERICAN ELECTRIC POWER SERVICE  No. 01-2480

CORPORATION, a New York

corporation; KEMPER INSURANCE

COMPANIES,

Defendants-Appellees. 

Appeal from the United States District Court

for the Southern District of West Virginia, at Huntington.

Robert C. Chambers, District Judge.

(CA-01-101-3)

Submitted: May 30, 2002

Decided: July 16, 2002

Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.

Affirmed by unpublished per curiam opinion. 

COUNSEL

Patrick L. Cottrell, Charleston, West Virginia, for Appellant. John J.

Polak, ROSE & ATKINSON, Charleston, West Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c). 

OPINION

PER CURIAM: 

Lowell W. Rogers appeals the district court’s order granting summary judgment to the Defendants in his action pursuant to the

Employee Retirement Income Security Act, 29 U.S.C.A. §§ 1001-

1461 (West 1999 & Supp. 2001), for long term disability benefits. 

We review the district court’s grant of summary judgment de novo,

applying the same standards employed by the district court. Ellis v.

Metropolitan Life Ins. Co., 126 F.3d 228, 232 (4th Cir. 1997). Where

a benefits plan expressly grants to the plan administrator discretionary

authority to construe its provisions, as the parties stipulated in this

case, the court reviews the decision of the plan administrator under

an abuse of discretion standard. Firestone Tire & Rubber Co. v.

Bruch, 489 U.S. 101, 115 (1989). Under this deferential standard, the

plan administrator’s decision will not be disturbed by the court if it

is reasonable, even if the court would have independently reached a

different decision. Ellis, 126 F.3d at 232. A fiduciary’s decision is

reasonable if supported by substantial evidence. Lefebre v. Westinghouse Elec. Corp. Mgmt. Disability Benefits Plan, 747 F.2d 197, 208

(4th Cir. 1984). 

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we affirm on the reasoning of

the district court. Rogers v. Am. Elec. Power Serv. Corp., No. CA-01-

101-3 (S.D.W. Va. Nov. 15, 2001). We grant the motion to submit the

case on briefs because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process. 

AFFIRMED

2 ROGERS v. AMERICAN ELECTRIC POWER SERVICE
#### Joan Freedman, Respondent, v Nathaniel Freedman, Appellant.

In a matrimonial action, the defendant husband appeals from stated portions of a resettled judgment of divorce of the Supreme Court, Nassau County, entered September 20, 1977, which, *inter alia,*awarded plaintiff a sum as reimbursement for necessaries and directed him to provide plaintiff with "comparable” living accommodations upon termination of the lease of the marital premises. Resettled judgment modified, on the facts, by (1) reducing the amount awarded therein for necessaries by $1,910.46 and (2) deleting the fourth decretal paragraph thereof, which directed defendant to provide "comparable” living quarters for plaintiff after the lease of the marital premises expires. As so modified, resettled judgment affirmed insofar as appealed from, with costs to plaintiff, and action remitted to Special Term for an immediate hearing in accordance herewith. The award for necessaries should be reduced by $1,910.46 because the bills represented by this sum are all in defendant-appellant’s name and have not yet been paid by plaintiff-respondent. We note the fact that several of the bills in defendant’s name are for telephone and fuel services. Since defendant is required to pay the maintenance expenses of plaintiff’s residence, those delinquent bills should be promptly paid. The judgment of divorce directs that defendant provide "comparable” living quarters for plaintiff after the lease to the marital residence expires. Plaintiff presently leases the marital premises and the annual rental thereof, which defendant is obligated to pay, is $10,000. The lease expires in June, 1978. The house contains "five or six bedrooms” and four bathrooms, which appears to be somewhat extravagant *1007in view of the fact that plaintiff lives in the house with one minor child from a previous marriage. Moreover, in directing that defendant provide plaintiff with "comparable” living quarters after the lease expires in June, 1978, the Special Term did not clarify or delineate what it meant by the word "comparable”. In our opinion, an immediate hearing should be conducted to ascertain precisely what living quarters are appropriate and necessary for, and available to, the plaintiff and the cost of renting same. Upon the completion of the hearing, an amended judgment can be entered delineating defendant’s responsibility in this regard with suitable specificity. Suozzi, J. P., Gulotta, Margett and Hawkins, JJ., concur.
# STATEOFLOUISIANA



# COURTOFAPPEAL,FIRSTCIRCUIT

STATE OF LOUISIANA VERSUS CRAIG JOSEPH AUCOIN NO. 

### 2021 KW 1323

FEBRUARY 14, 2022

In Re: 

### Craig Joseph Aucoin, 

### applying for supervisory writs,



### 32nd Judicial District Court, Parish of Terrebonne, Nos. 

### 803306, 811447.

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.



### WRIT DENIED ON THE SHOWING MADE. 

### Relator failed to include 

## a copyofthe motion fordiscovery and inspection filed with the district court, a copy of the 

### district court' s 

### ruling on the motion, 

### and any other portions of the district court record that might support the claims raised in the writ application. Supplementation of this writ application and/or an application for 

### rehearing will not be considered. See Uniform Rules of 

### Louisiana Courts of Appeal, Rules 

### 2- 18. 7 & 4- 9. In the event relator elects to 

### file a new application with this court, the application must be filed on or 

### before April 11, 2022. 

### Any future 

## filing on this issue should include the entire contents of this application, the missing items noted above, and a copy 

## ofthis ruling. It is noted that as an indigent inmate, relator is entitled to receive certain court 

### documents, such as the 

### guilty plea transcript, the 

### bill of 

### information or 

### indictment, the commitment papers, 

### the court minutes 

### for various portions of the trial, 

### and the minutes of his 

### sentencing, 

### free of charge without the 

### necessity of establishing a particularized need. See State ex rel. Simmons v. State, 93- 0275 ( La. 

### 12/ 16/94), 647 

### So.2d 1094, 

### 1095 ( per cur.iam). As 

### to all other documents, an indigent 

# inmatehastheconstitutional righttofreecopiesonlyinthose instances 

### in which he shows that denial of the request will 

### deprive him of an adequate 

### opportunity to present his claims 

## fairly.

# Meetingthatconstitutional thresholdrequiresashowing of a particularized need. An 

### inmate therefore cannot make a 

### showing of particularized need absent a properly 

### filed application for postconviction relief, which sets out specific claims of constitutional errors requiring the requested 

### documentation for support. See State ex rel. Bernard v. 

### Criminal District Court Section " J", 

### 94-2247 ( La. 

### 4/ 28/95), 653 

### So. 2d 1174, 

### 1175 (per curiam). See also 

### State ex rel. McKnight
v. 

### State, 

### 98-2258 ( La. 

### App. lst Cir. 

### 12/3/ 98), 742 

### So. 2d 894, 

### 895 (per curzam) .
PMc JEW Theriot, J., concurs. 

# 9 4DET AL, FIRST CIRCUIT



### LERK OF COURT FOR THE COURT
#### The People of the State of New York, Respondent, v Ted C. Fina, Appellant.

Judgment, Supreme Court, Bronx County, rendered on August 17,1977, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur—Lupiano, J. P., Birns, Evans and Sandler, JJ.
#### § 1006.25 How is this part organized?

(a) This part is subdivided into ten subparts. Each subpart contains information related to a broad topic or specific audience with special responsibilities, as shown in the following table:

| In subpart . . . | You will find provisions related to . . . |
| --- | --- |
| A | general information about this rule. |
| B | the types of Inter-American Foundation transactions that are covered by the Governmentwide nonprocurement suspension and debarment system. |
| C | the responsibilities of persons who participate in covered transactions. |
| D | the responsibilities of Inter-American Foundation officials who are authorized to enter into covered transactions. |
| E | the responsibilities of Federal agencies for the *Excluded Parties List System* (Disseminated by the General Services Administration). |
| F | the general principles governing suspension, debarment, voluntary exclusion and settlement. |
| G | suspension actions. |
| H | debarment actions. |
| I | definitions of terms used in this part. |
| J | [Reserved] |

(b) The following table shows which subparts may be of special interest to you, depending on who you are:

| If you are . . . | See subpart(s) . . . |
| --- | --- |
| (1) a participant or principal in a nonprocurement transaction | A, B, C, and I. |
| (2) a respondent in a suspension action | A, B, F, G and I. |
| (3) a respondent in a debarment action | A, B, F, H and I. |
| (4) a suspending official | A, B, D, E, F, G and I. |
| (5) a debarring official | A, B, D, E, F, H and I. |
| (6) a (n) Inter-American Foundation official authorized to enter into a covered transaction | A, B, D, E and I. |
| (7) Reserved | J. |
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4347 Enrolled Bill (ENR)]

        H.R.4347

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve

                                 An Act

 
To designate the United States courthouse located at 709 West 9th Street 
in Juneau, Alaska, as the ``Robert Boochever United States Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DESIGNATION.
    The United States courthouse located at 709 West 9th Street in 
Juneau, Alaska, shall be known and designated as the ``Robert Boochever 
United States Courthouse''.
SEC. 2. REFERENCES.
    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Robert 
Boochever United States Courthouse''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
#### Serafin Rivera, Appellant, v Maritza Hernandez, Respondent.

[715 NYS2d 749]

—In an action, *inter alia,*for the partition of real property and an accounting, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Cutrona, J.), dated April 3, 2000, which, after a nonjury trial, is in favor of the defendant and against him, and determined that the subject property was owned by the defendant.

Ordered that the plaintiff’s notice of appeal from the findings of fact and conclusions of law of the same court, dated June 30, 1999, is deemed a premature notice of appeal from the judgment *(see,*CPLR 5520 [c]); and it is further,

Ordered that the judgment is affirmed, without costs and disbursements.

The plaintiff and the defendant jointly owned the subject *302property. The plaintiff claimed that his acknowledged signature on a deed transferring ownership of the property to the defendant alone was forged. However, the plaintiff failed to provide proof of forgery *“so*clear and convincing as to amount to a moral certainty” *(Albany County Sav. Bank v McCarty,*149 NY 71, 80; *see, Son Fong Lum v Antonelli,*102 AD2d 258, 261, *affd*64 NY2d 1158; *see also,*CPLR 4538). Therefore, the Supreme Court properly determined that the property was owned by the defendant. Bracken, J. P., Santucci, Thompson and Sullivan, JJ., concur.
#### §§ 1701.112-1701.129 [Reserved]
I 

112TH CONGRESS 

2D SESSION H. R. 3971 

To suspend temporarily the duty on mixtures of Reactive Blue 19. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2012 

Mr. WATT introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To suspend temporarily the duty on mixtures of Reactive 

Blue 19. 

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

3 SECTION 1. MIXTURES OF REACTIVE BLUE 19. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 3971 IH

‘‘ 9902.01.00 Mixtures of Reactive Blue 19, 

(2-Anthracenesulfonic acid, 

1-amino-9,10-dihydro-9,10- 

dioxo-4-[[3-[[2-(sulfooxy) 

ethyl]sulfonyl]phenyl]amino]-, 

sodium salt (1:2)), (CAS No. 

2580–78–1) and (Pyridinium, 

1,1’-[(6,13-dichloro-4,11- 

disulfo-3,10- 

triphenodioxazinediyl)bis[imino-2,1- 

ethanediylimino[6-[(2,5- 

disulfophenyl)amino]-1,3,5- 

triazine-4,2-diyl]]]bis[3- 

carboxy-, bis(inner salt), sodium salt (1:6)) (CAS No. 

79771–28–1) (provided for in 

subheading 3204.16.30) ........ Free No change No change On or before 

12/31/2014 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
#### § 1508.950 Excluded Parties List System

*Excluded Parties List System (EPLS)* means the list maintained and disseminated by the General Services Administration (GSA) containing the names and other information about persons who are ineligible. The *EPLS* system includes the printed version entitled, “List of Parties Excluded or Disqualified from Federal Procurement and Nonprocurement Programs,” so long as published.
#### § 214.12 Considerations in membership selection.

Membership is to be fairly balanced in terms of points of view represented and functions to be performed. Appropriate attention is also given to factors of sex, race, creed, national origin, and religion.
(April 25, 1977)

#### In the Matter of the Estate of Bernard Day, Deceased. Lawrence *534Day, as Executor of Bernard Day, Deceased, et al., Respondents; Robert Abels, Appellant.

Decree, Surrogate’s Court, New York County, entered on October 25, 1976, unanimously affirmed for the reasons stated by Di Falco, S., without costs and without disbursements. Concur—Kupferman, J. P., Birns, Markewich and Lynch, JJ.
### §2015a. Cold standby

The Secretary is authorized to expend such funds as may be necessary for the purposes of maintaining enrichment capability at the Portsmouth, Ohio, facility.

(Aug. 1, 1946, ch. 724, title I, §242, as added Pub. L. 107–222, §1(d)(1), Aug. 21, 2002, 116 Stat. 1336.)
#### § 134.29 Judicial review.

Judicial review of final Department of State decisions on awards as may be sought as provided in 5 U.S.C. 504(c)(2).
### §283b. Repealed. Pub. L. 106–525, title I, §101(b)(2), Nov. 22, 2000, 114 Stat. 2501

Section, act July 1, 1944, ch. 373, title IV, §404, as added Pub. L. 103–43, title I, §151, June 10, 1993, 107 Stat. 139, related to the establishment and purpose of the Office of Research on Minority Health.
#### Susan Leiderman, Respondent, v Jeffrey Leiderman, Appellant.

[715 NYS2d 344]

—In an action for a divorce and ancillary relief, the defendant husband appeals from an order of the Supreme Court, Nassau County (Mahon, J.), dated October 22, 1999, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly concluded that there are questions of fact as to whether the plaintiff was abandoned by the defendant within the meaning of Domestic Relations Law § 170 (2). Accordingly, the motion for summary judgment was properly denied *(see, Alvarez v Prospect Hosp.,*68 NY2d 320, 324; *see also, Schine v Schine,*31 NY2d 113; *Haymes v Haymes,*221 AD2d 73). Ritter, J. P., Santucci, Krausman and Smith, JJ., concur.
I, Scott      Cooke, certify that: 

(a)         A review of Toyota Motor Credit      Corporation’s activities and of its performance under the Sale and Servicing Agreement,      dated as of August 14, 2019 (the “Sale and Servicing Agreement”), among Toyota      Auto Finance Receivables LLC, as seller, Toyota Motor Credit Corporation, as      servicer (in such capacity, the “Servicer”) and sponsor, and Toyota Auto      Receivables 2019-C Owner Trust, as issuer, during the period from August 14,      2019 to December 31, 2019 has been made under my supervision. 

(b)         To the best of my knowledge, based on      such review, the Servicer has fulfilled all of its obligations under the Sale      and Servicing Agreement in all material respects throughout the aforementioned      period. 

March      27, 2020

|   | By:  /s/ Scott Cooke                                      |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                    |
|   | Scott Cooke                                                                                                                                                                                                                                             |
|   | Group Vice President and Chief Financial Officer                                                                                                                                                                                                        |
|   | Toyota Motor Credit Corporation, as Servicer of Toyota Auto Receivables 2019-C Owner Trust                                                                                                                                                              |
### §263a–5. Publication

The Secretary, through the Centers for Disease Control, shall not later than 3 years after October 24, 1992, and annually thereafter publish and distribute to the States and the public—

(1)(A) 1 pregnancy success rates reported to the Secretary under section 263a–1(a)(1) of this title and, in the case of an assisted reproductive technology program which failed to report one or more success rates as required under such section, the name of each such program and each pregnancy success rate which the program failed to report, and

(B) from information reported under section 263a–1(a)(2) of this title—

(i) the identity of each embryo laboratory in a State which has adopted the certification program under such program and whether such laboratory is certified under section 263a–2 of this title,

(ii) the identity of each embryo laboratory in a State which has not adopted such certification program and which has been certified by an accreditation organization approved by the Secretary under section 263a–3 of this title, and

(iii) in the case of an embryo laboratory which is not certified under section 263a–2 of this title or certified by an accreditation organization approved by the Secretary under section 263a–3 of this title, whether the laboratory applied for certification.

(Pub. L. 102–493, §6, Oct. 24, 1992, 106 Stat. 3151.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Fertility Clinic Success Rate and Certification Act of 1992, and not as part of the Public Health Service Act which comprises this chapter.

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

#### Change of Name

Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, §312, Oct. 27, 1992, 106 Stat. 3504.

#### Effective Date

Section effective upon expiration of 2 years after Oct. 24, 1992, see section 9 of Pub. L. 102–493, set out as a note under section 263a–1 of this title.

1 So in original. No par. (2) has been enacted.
A’

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consolidation of a aomo2rschool di'strict

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is sleciSical.lg authorized.

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