alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CHARLTON v. FORTY-SECOND ST., M. & ST. N. AVE. R. CO.

(Supreme Court, Appellate Division, First Department.

February 6, 1903.)

1. Negligence — Cabe Required of Infant — Evidence of Incapacity.

An infant of the age of 12 years or above. is chargeable with the measure of care demanded of an adult, unless he shows as a fact that he does not have the capacity sufficient to exercise the care of an adult.

Appeal from trial term, New York county.

Action by Barlow R. Charlton, an infant, by Rachel M. Charlton, his guardian ad litem, against the Forty-Second Street, Manhattan-ville & St. Nicholas Avenue Railroad Company. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.

Argued before VAN BRUNT, P. J., and HATCH, McLAUGHLIN, O’BRIEN, and INGRAHAM, JJ.

Addison C. Ormsbee, for appellant.

Joseph Fischer, for respondent.

*175PER CURIAM.

The plaintiff in this action is an infant, between 12 and 13 years of age. In charging as to the degree of care to be observed by the infant, the court said:

“In the case of a child it is that degree of care which ordinarily a child of the same age and development might be expected to use, not necessarily the care of an adult person.” And again: “If the plaintiff used ordinary care himself, — that is to say, the amount of care which should be reasonably be expected from a child of his age and apparent development and ability, — and he was injured by reason of a situation of danger,” the defendant would be liable. To this part of the charge an exception was taken. In McDonald v. Railroad Co. (Sup.; not yet officially reported), 78 N. Y. Supp. 284, this court held that, when an infant is of the age of 12 years or above, the burden is upon the plaintiff to show the capacity of the infant, and establish as a fact that such infant was not possessed of sufficient capacity to exercise the degree of care and caution which is chargeable upon an adult, otherwise, in the absence of proof, an infant of that age is chargeable with the same measure of care and prudence as though he were an adult. The rule adopted by the court in submitting this case to the jury was that infancy per se authorized the jury to find that the care required of it was not that necessarily required of an adult person. Such is not the rule. Having arrived at an age when the law charges upon him the exercise of the same care, prudence, and circumspection as it does of an adult, the court was bound so to charge, and the plaintiff could not be relieved from the operation of such rule, except by showing as a fact that the plaintiff did not have that measure of capacity sufficient to exercise the degree of care and caution demanded of an adult. The exception which was taken to the charge, therefore, presents reversible error.

The judgment and order should be reversed, and a new trial granted, with costs to the appellant to abide the event. •

¶

 1. See Negligence, vol. 37, Cent. Dig. § 124
IIB 

109TH CONGRESS 

1ST SESSION H. R. 2630 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2005 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To redesignate the facility of the United States Postal Service located at 1927 Sangamon Avenue in Springfield, 

Illinois, as the ‘‘J.M. Dietrich Northeast Annex’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

HR 2630 RFS 

1 SECTION 1. REDESIGNATION. 

2 The facility of the United States Postal Service lo3 cated at 1927 Sangamon Avenue in Springfield, Illinois, 

4 and known as the Northeast Annex, shall be known and 

5 designated as the ‘‘J.M. Dietrich Northeast Annex’’. 

6 SEC. 2. REFERENCES. 

7 Any reference in a law, map, regulation, document, 

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

9 referred to in section 1 shall be deemed to be a reference 

10 to the ‘‘J.M. Dietrich Northeast Annex’’. 

Passed the House of Representatives July 13, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.
United States District Court

For the Northern District of California

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No. C 09-0933 RS (PR)

JUDGMENT

United States District Court

For the Northern District of California

*E-Filed 03/22/2010*

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

JAMES ALAN BUSH,

Plaintiff,

v.

DEVON KLEIN, et al., 

Defendants. /

No. C 09-0933 RS (PR)

JUDGMENT

The action having been dismissed, the Court hereby enters judgment in favor of

Defendant. Plaintiff shall take nothing by way of his complaint.

IT IS SO ORDERED.

DATED: March 22, 2010 

 RICHARD SEEBORG

United States District Judge

Case 3:09-cv-00933-RS Document 15 Filed 03/22/10 Page 1 of 1
### §6871. Annual report by Secretary and Director to President and Congress on weatherization program

The Secretary and (with respect to the operation and effectiveness of activities carried out through community action agencies) the Director shall each submit, on or before March 31, 1977, and annually thereafter, a report to the Congress and the President describing the weatherization assistance program carried out under this part or any other provision of law, including the results of the periodic evaluations and monitoring activities required by section 6866 of this title. Such report shall include information and data furnished by each State on the average costs incurred in weatherization of individual dwelling units, the average size of the dwellings being weatherized, the number of multifamily buildings in which individual dwelling units were weatherized during the previous year, the number of individual dwelling units in multifamily buildings weatherized during the previous year, and the average income of households receiving assistance under this part.

(Pub. L. 94–385, title IV, §421, Aug. 14, 1976, 90 Stat. 1158; Pub. L. 96–294, title V, §577(2), June 30, 1980, 94 Stat. 760; Pub. L. 101–440, §7(h), Oct. 18, 1990, 104 Stat. 1014; Pub. L. 116–260, div. Z, title I, §1011(i), Dec. 27, 2020, 134 Stat. 2447.)

#### **Editorial Notes**

#### Amendments

2020—Pub. L. 116–260 inserted "the number of multifamily buildings in which individual dwelling units were weatherized during the previous year, the number of individual dwelling units in multifamily buildings weatherized during the previous year," after "the average size of the dwellings being weatherized,".

1990—Pub. L. 101–440 struck out "through 1979" after "and annually thereafter" and inserted at end "Such report shall include information and data furnished by each State on the average costs incurred in weatherization of individual dwelling units, the average size of the dwellings being weatherized, and the average income of households receiving assistance under this part."

1980—Pub. L. 96–294 substituted "Secretary" for "Administrator".
,I 

# • RCRA REVISION CHECKLIST 40 List (Phase 1) ofHazardous Constituents for Ground-Water Monitoring 52

## LR 25942-25953 July 9, 1987 (Non-HSWA Cluster IV)

FEDERAL REQUIREMENT FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATEANALOG IS: MORE BROADEQUIV- STRIN- ER IN ALENT GENT SCOPE PART 264

- STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES
SUBPART F

- RELEASES FROM SOLID WASTE MANAGEMENT UNITS



# • DETECTIONMONITORING PROGRAM replace Appendix VIII, Part 261 reference with reference to Appendix IX, Part 264 264,98(g)(2) remove Appendix VIII reference 264,98(g)(3) remove Appendix VIII reference 264.98(g)(4)(i) COMPLIANCEMONITORING PROGRAM WAC 173-303
-645(9)(g)(ii) X -64S(9)(g)(iii) X -645(9)(g)(iv)

(A) X WAC 173-303 presence/concentration ofAppendix IX con-' stituents; remove 261, Appendix VIII reference 264,99(g) -645(10)(g) X APPENDIX IX - GROUND-WATERMONITORING LIST WAC 173-303 add newappendix Appendix IX -645(4)(a) X



# • PART 270 - EPAADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM
SUBPART B

- PERMIT APPLICATION
CONTENTS OFPART B: GENERALREQUIREMENTS WAC 173-303 July 9, 1987 - Page 1 of 2RCRA REVISION CHECKLIST 40: List (Phase 1) ofHazardous Constituents for Ground-Water Monitoring (cont'd) 

## •t 

# • FEDERAL REQUIREMENT FEDERAL RCRA CITATION ANALOGOUS STATE CITATION STATEANALOG IS; MORE -BROADEQUIV- STRIN- ER IN ALENT GENT SCOPE



# • remove Appendix VIII, Part 261 reference; replace with Appendix IX, Part 264 reference 270.14(c)(4)(ii) -806(4)(a)(xx)(D)(11)

X



# • July 9, 1987 - Page 2 of 2
#### The People of the State of New York, Appellant, v Rodney Miller, Also Known as Edward Rock, Respondent.

Appeal by the People from an order of the Supreme Court, Kings County, dated October 3, 1977, which granted defendant’s motion to dismiss the indictment for failure to provide a speedy trial. Order reversed, on the law and the facts, and indictment reinstated. We find here that the four- and one-half-year delay in bringing this matter on for trial was occasioned by defendant’s absconding after his arraignment in the Criminal Court. The inference is inescapable, from his own admission, that he was living with his codefendant, who was held for the Grand Jury after a Criminal Court hearing which he avoided, and that he was aware of his indictment and avoided judicial process. "We find no merit in the argument that appellant was deprived of his right to a speedy trial; his failure to appear in court as scheduled, and his unexplained whereabouts thereafter, were the prime causes of the delay, which, in any event, did not prejudice him (see *People v Taranovich,*37 NY2d 442).” *(People v Washington,*49 AD2d 914; see, also, *People v Morton,*22 NY2d 674, revg 28 AD2d 913 on the dissenting opn of Justices Rabin and Nolan at the App. Div.) Hopkins, J. P., Latham, Damiani and Titone, JJ., concur.
1.  I have reviewed this annual report on Form 10-K, and all reports on Form 8-K containing distribution or servicing reports filed in respect of periods included in the year covered by this annual report, of the Select Notes Trust LT 2004-1;
 
 2.  Based on my knowledge, the information in these reports, taken as a whole, does not contain any 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 as of the last day of the period covered by this annual report;
 
 3.  Based on my knowledge, the distribution or servicing information required to be provided to the depositor by the trustee under the pooling and servicing, or similar agreement, for inclusion in these reports is included in these reports;
 
 4.  I am responsible for reviewing the activities performed by the depositor and the trustee under the pooling and servicing, or similar agreement and based upon my knowledge and the annual compliance review required under that agreement, and except as disclosed in the reports, the depositor and the trustee have each fulfilled its obligations under that agreement.
  5.  The reports disclose all significant deficiencies relating to the compliance by the trustee and the depositor with the minimum servicing or similar standards based upon the report provided by an independent public accountant, after conducting a review in compliance with the Uniform Single Attestation Program for Mortgage Bankers or similar procedure, as set forth in the pooling and servicing, or similar agreement, that is included in these reports.
 
 In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: U.S. Bank Trust National Association.
  By:
/s/ Chadwick S. ParsonName:
Chadwick S. ParsonTitle:
Managing Director and PresidentStructured Obligations Corporation(senior officer in charge of securitization function of the Depositor)Dated:  March 29, 2018
#### Jones *v.*The State.

November 13, 1912.

Indictment for rape. Before Judge Thomas. Lowndes superior court. June 29, 1912.

*George E. Simpson, Omar W. Franklin,*and *Dan B. Bruce,*for plaintiff in error. *Thomas S. Felder, attorney-general,*and *John A. Wilkes, solicitor-general,*contra.

Atkinson, J.

1. Several assignments of error were made on the charge in its entirety, and several on separate excerpts from the charge; but none of them were sufficient to require a new trial.

2. Under the circumstances disclosed by the judge’s note in regard to the last of the amended grounds, the rulings of the court requiring argument to proceed in the manner indicated furnish no cause for the grant of a new trial.

3. The evidence was sufficient to support the verdict, and the judge’s discretion in refusing a new trial will not be disturbed.

*Judgment affirmed.*

*All the Justices coneur.*
#### The People of the State of New York, Respondent, v Brian Spruill, Appellant.

[833 NYS2d 383]

Judgment, Supreme Court, New York County (Joan Sudolnik, J), rendered on or about February 25, 2005, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders,*52 AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant *375may apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. Concur— Andrias, J.P., Saxe, Nardelli, Williams and Catterson, JJ.
§ 96.30 State licensing. ( a ) The agency or person is properly licensed or otherwise authorized by State law to provide adoption services in at least one State.
( b ) The agency or person follows applicable State licensing and regulatory requirements in all jurisdictions in which it provides adoption services.
( c ) If it provides adoption services in a State in which it is not itself licensed or authorized to provide such services, the agency or person does so only: ( 1 ) Through agencies or persons that are licensed or authorized by State law to provide adoption services in that State and that are exempted providers or acting as supervised providers; or
( 2 ) Through public domestic authorities.
( d ) In the case of a person, the individual or for-profit entity is not prohibited by State law from providing adoption services in any State where it is providing adoption services, and does not provide adoption services in foreign countries that prohibit individuals or for-profit entities from providing adoption services.
[71 FR 8131, Feb. 15, 2006, as amended at 79 FR 40634, July 14, 2014]
#### § 92.19 Administering an oath.

The usual formula for administering an oath is as follows: The officer administering the oath requests the person taking the oath to raise his right hand while the officer repeats the following words: “You do solemnly swear that the statements set forth in this paper which you have here signed before me are true. So help you God.” Whereupon the person taking the oath answers, “I do.”
### §300ee–31. Availability of information to general public

#### (a) Comprehensive information plan

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall annually prepare a comprehensive plan, including a budget, for a National Acquired Immune Deficiency Syndrome Information Program. The plan shall contain provisions to implement the provisions of this subchapter. The Director shall submit such plan to the Secretary. The authority established in this subsection may not be construed to be the exclusive authority for the Director to carry out information activities with respect to acquired immune deficiency syndrome.

#### (b) Clearinghouse

(1) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may establish a clearinghouse to make information concerning acquired immune deficiency syndrome available to Federal agencies, States, public and private entities, and the general public.

(2) The clearinghouse may conduct or support programs—

(A) to develop and obtain educational materials, model curricula, and methods directed toward reducing the transmission of the etiologic agent for acquired immune deficiency syndrome;

(B) to provide instruction and support for individuals who provide instruction in methods and techniques of education relating to the prevention of acquired immune deficiency syndrome and instruction in the use of the materials and curricula described in subparagraph (A); and

(C) to conduct, or to provide for the conduct of, the materials, curricula, and methods described in paragraph (1) and the efficacy of such materials, curricula, and methods in preventing infection with the the 1 etiologic agent for acquired immune deficiency syndrome.

#### (c) Toll-free telephone communications

The Secretary shall provide for the establishment and maintenance of toll-free telephone communications to provide information to, and respond to queries from, the public concerning acquired immune deficiency syndrome. Such communications shall be available on a 24-hour basis.

(July 1, 1944, ch. 373, title XXV, formerly title XV, §2521, as added Pub. L. 100–607, title II, §221, Nov. 4, 1988, 102 Stat. 3102; renumbered title XXV, Pub. L. 101–93, §5(e)(1), Aug. 16, 1989, 103 Stat. 612; amended Pub. L. 102–531, title III, §312(d)(22), Oct. 27, 1992, 106 Stat. 3505.)

#### **Editorial Notes**

#### Amendments

1992—Subsecs. (a), (b)(1). Pub. L. 102–531 substituted "Centers for Disease Control and Prevention" for "Centers for Disease Control".

1 So in original.
#### Marvin HOLLOWAY, Petitioner—Appellant, v. George SNYDER; United States Parole Commission, Respondents—Appellees.

No. 06-7403.

United States Court of Appeals, Fourth Circuit.

Submitted: April 4, 2007.

Decided: April 26, 2007.

Marvin Holloway, Appellant Pro Se. Steve R. Matheny, Office of the United States Attorney, Raleigh, North Carolina, for Appellees.

Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Marvin Holloway, a prisoner in custody under a sentence imposed by a Superior Court of the District of Columbia, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2241 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that his constitutional claims are debatable and that any dispositive procedural rulings by the district court are also debatable or wrong. *See Miller-El v. Cockrell,*537 U.S. 322, 336, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683 (4th Cir.2001). We have independently reviewed the record and conclude that Holloway has not made the requisite showing. Accordingly, we deny a certificate of ap-*179pealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
§ 107.30 Recordkeeping requirements. ( a ) All persons receiving assistance through any program or activity of the Department involving the provision of housing and related activities subject to Executive Order 11063 shall maintain racial, religious, national origin and sex data required by the Department in connection with its programs and activities.
( b ) All lenders participating in Departmental mortgage insurance programs, home improvement loan programs, GNMA mortgage purchase programs, or special mortgage assistance programs, shall maintain data regarding the race, religion, national origin and sex of each applicant and joint applicant for assistance with regard to residential property and related facilities. Racial data shall be noted in the following categories: American Indian/Alaskan Native, Asian/Pacific Islander, Black, White, Hispanic. If an applicant or joint applicant refuses to voluntarily provide the information or any part of it, that fact shall be noted and the information shall be obtained, to the extent possible, through observation. Applications shall be retained for a period of at least twenty-five (25) months following the date the record was made.
( c ) If an investigation or compliance review under this part reveals a failure to comply with any of the requirements of paragraph (a) or (b) of this section, the respondent shall have the burden of establishing its compliance with this part and with the equal housing opportunity requirements of the Executive order.
[45 FR 59514, Sept. 9, 1980, as amended at 50 FR 52442, Dec. 24, 1985]
Bureau of Labor Statistics

Series Id:

Series title:

Labor force status:

Type of data:

Age:

Years:

Year Qtr1 Qtr2 Qtr3 Qtr4 Annual

2011 86121

Not in labor force

Number in thousands

16 years and over

2011 to 2011

Labor Force Statistics from the Current Population Survey

Original Data Value

LNU05000000Q

Not Seasonally Adjusted

(Unadj) Not in Labor Force

Source: Bureau of Labor Statistics Generated on: May 16, 2011 (02:07:01 PM)