alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §935. Several roads through canyons

Any railroad company whose right of way, or whose track or roadbed upon such right of way, passes through any canyon, pass, or defile, shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile, for the purposes of its road, in common with the road first located, on the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway located therein on March 3, 1875, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road: Provided, That such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile.

(Mar. 3, 1875, ch. 152, §2, 18 Stat. 482.)

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

#### Repeal; Savings Provision

Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
```

EXHIBIT  99.3

MANAGEMENT'S ASSERTION

February 18, 2005

As of and for the year ended December 31, 2004, Long Beach Acceptance Corp. (the
"Company") has complied in all material respects with the Company's established
minimum servicing standards for serviced automobile loans as set forth in
APPENDIX I (the "Standards"). The Standards are based on the Mortgage Banker's
Association of America's Uniform Single Attestation Program for Mortgage
Bankers, modified to address the unique characteristics of servicing automobile
loans.

As of and for this same period, Long Beach Acceptance Corp. was covered by a
fidelity bond of $100,000,000 and an errors and omissions policy of $15,000,000.

/s/ Stephen W. Prough
---------------------------------------
         Stephen W. Prough
         Chairman, President and Chief Executive Officer

/s/ Michael J. Pankey
---------------------------------------
         Michael J. Pankey
         Executive Vice President and Chief Financial Officer

/s/ Maureen Morley
---------------------------------------
         Maureen Morley
         Vice President and Controller
```
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A1 5 A0 28 1 . KENNETH FOUNTAI N v . THE STATE.

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o rd er.

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Fo u n t ai n ’ s p ro b at i o n

, h e was req u i red to fi l e an ap p l icat io n fo r d i s cret i o n ary ap p eal

i n o rd er t o o b t ai n ap p el lat e rev i ew. See OCGA § 5 -6 -3 5 (a) (5 ); W h i t e v. S t a t e

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d i s m i s s al as d up l i cat i v e. Fo r t h es e reas o n s , t h es e ap p eal s are h ereb y DISM ISSED. October 21, 2014C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e

, A t la n t a

,

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t h e m i n u t e s o

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.

, C l e r k

. 10/21/2014
69–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–495 

WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII 

WITH RESPECT TO CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED FROM THE COMMITTEE ON RULES 

DECEMBER 17, 2007.—Referred to the House Calendar and ordered to be printed 

Mr. WELCH of Vermont, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 876] 

The Committee on Rules, having had under consideration House 

Resolution 876, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution waives clause 6(a) of rule XIII (requiring a twothirds vote to consider a rule on the same day it is reported from 

the Rules Committee) against certain resolutions reported from the 

Rules Committee. The rule applies the waiver to any resolution reported on or before the legislative day of December 19, 2007, providing for consideration or disposition of any of the following measures: (1) a bill relating to the Children’s Health Insurance Program, or an amendment thereto; (2) a bill relating to Medicare, or 

an amendment thereto; (3) a bill relating to the alternative minimum tax, or an amendment thereto; (4) a joint resolution making 

further continuing appropriations for the fiscal year 2008, or an 

amendment thereto; and (5) the bill (H.R. 2764) making appropriations for the Department of State, foreign operations, and related 

programs for the fiscal year ending September 30, 2008, and for 

other purposes, or an amendment thereto. 

Æ 


hmoore on PRODPC68 with HMRPT
### Page 1 of 3 **Disposition Comments Docket No:**  

### FAA
- 2011
- 0472 SNPRM **Directorate ID:** 

### 2011
-NM
- 005
- AD Originating Office Tracking No.: 

### N o C omments/Only

Supportive Comments Received

– If this box is checked, no signatures are required. No 

### Has the reference d service information been revised since the NPRM was issued? I f ye s, list latest revision and attach a cop y. Note that changes beyond the scope of the previously published NPRM will require a new notice. Contact the Directorate focal point for guidance.
Instructions: Summarize all comments **by issue** (not by commenter) and provide your recommended resolution of each issue. **All comments relating to the sam e issue should be discussed together.**  Do not list all of the issues from one commenter togeth er. If changes to the AD are required based on the comments received, explain why and describe in detail what change(s) you recommend. Reference FAA
- IR
- M
- 8040.1C Chapter 9. **ISSUE 1:** Select one o

f the following : If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree with because We disagree with because

Make the following changes to the AD: If **NO** , we don’t agree because **ISSUE 2**  **:** Select one of the following :

If other, explain : Commenter(s): What change to the AD action is requested? Why is the change requested or how is it justified? Do we agree? If **YES,** we agree because Make the following changes to the AD: If **PARTIALLY AGREE** , we agree w ith because We disagree with because Make the following changes to the AD: If **NO** , we don’t agree because

### Page 2 of 3

**For additional issues, do uble**  **- click**  **here**

### Page 3 of 3 **S ignature Section**  Signature indicates concurrence with this action. Originating Office Tracking No.:

**ASE Date** 

**Branch Manager Date**
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

September 9, 2014

Order 

September 9, 2014

148617(53)

KENNETH J. SPEICHER,

Plaintiff-Appellee,

v

COLUMBIA TOWNSHIP BOARD OF TRUSTEES 

and COLUMBIA TOWNSHIP PLANNING 

COMMISSION,

Defendants-Appellants.

SC: 148617

COA: 306684

Van Buren CC: 11-600857-CZ

__________________________________________/

On order of the Chief Justice, the motion of the Michigan Townships Association 

and the Michigan Municipal League to extend the time to file an amici curiae brief is 

GRANTED. The brief submitted on August 29, 2014, is accepted for filing.
### §2105. Personnel and services

(a)(1) The Archivist is authorized to select, appoint, employ, and fix the compensation of such officers and employees, pursuant to part III of title 5, as are necessary to perform the functions of the Archivist and the Administration.

(2) Notwithstanding paragraph (1), the Archivist is authorized to appoint, subject to the consultation requirements set forth in paragraph (f)(2) of section 2203 of this title,1 a director at each Presidential archival depository established under section 2112 of this title. The Archivist may appoint a director without regard to subchapter I and subchapter VIII of chapter 33 of title 5, United States Code, governing appointments in the competitive service and the Senior Executive Service. A director so appointed shall be responsible for the care and preservation of the Presidential records and historical materials deposited in a Presidential archival depository, shall serve at the pleasure of the Archivist and shall perform such other functions as the Archivist may specify.

(b) The Archivist is authorized to obtain the services of experts and consultants under section 3109 of title 5.

(c) Notwithstanding the provisions of section 973 of title 10 or any other provision of law, the Archivist, in carrying out the functions of the Archivist or the Administration, is authorized to utilize in the Administration the services of officials, officers, and other personnel in other Federal agencies, including personnel of the armed services, with the consent of the head of the agency concerned.

(d) Notwithstanding section 1342 of title 31, United States Code, the Archivist is authorized to accept and utilize voluntary and uncompensated services.

(Added Pub. L. 98–497, title I, §102(a)(2), Oct. 19, 1984, 98 Stat. 2281; amended Pub. L. 107–67, title VI, §649, Nov. 12, 2001, 115 Stat. 556.)

#### **Editorial Notes**

#### References in Text

Paragraph (f)(2) of section 2203 of this title, referred to in subsec. (a)(2), was redesignated (g)(2) of section 2203 of this title by Pub. L. 113–187, §2(c)(3), Nov. 26, 2014, 128 Stat. 2006.

#### Prior Provisions

A prior section 2105 was renumbered section 2109 of this title.

#### Amendments

2001—Subsec. (a). Pub. L. 107–67 amended subsec. (a) generally, designating existing provisions as par. (1) and adding par. (2).

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

#### Effective Date

Section effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as an Effective Date of 1984 Amendment note under section 2102 of this title.

1 See References in Text note below.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-20902 Conference Calendar

NICHOLAS J. BABINEAUX, Plaintiff-Appellant,

versus TOMMY B. THOMAS; DENISE COLLINS, Judge; 208TH DISTRICT COURT HARRIS COUNTY, Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CV-1674

- - - - - - - - - - August 26, 1999 Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM: * Nicholas J. Babineaux filed the instant lawsuit under 42 U.S.C. § 1983 alleging that Harris County Sheriff Tommy B. Thomas and Texas District Court Judge Denise Collins had violated his constitutional rights during criminal proceedings which resulted in his conviction for aggregate theft. The district court granted Thomas’s motion to dismiss the claim against him pursuant to Fed. R. Civ. P. 12(b)(6), and dismissed the remaining claims as frivolous pursuant to 28 U.S.C. § 1915(e)(2).No. 98-20902 -2- We review the dismissal under Rule 12(b)(6) de novo , and we will not affirm the dismissal unless no relief could be granted according to any set of facts that could be proven consistent with the allegations. See Holmes v. Texas A&M Univ. , 145 F.3d 681, 683 (5th Cir. 1998). Because Babineaux failed to allege facts that stated a claim against Thomas, both in his official and individual capacities, see Monell v. Department of Social Servs. of City of New York , 436 U.S. 658, 694 (1978); Lozano v. Smith , 718 F.2d 756, 768 (5th Cir. 1983), the district court properly granted Thomas’s motion to dismiss. The district court may dismiss an IFP complaint as frivolous under § 1915(e)(2)(B)(i) if it lacks an arguable basis in law or fact. Siglar v. Hightower , 112 F.3d 191, 193 (5th Cir. 1997). We review such a dismissal for an abuse of discretion. Id. Examination of Babineaux’s claims reveals that they lack an arguable basis in law or fact. See Mays v. Sudderth , 97 F.3d 107, 110-11 (5th Cir. 1996)(judges have absolute immunity for judicial acts performed in judicial proceedings even if the action taken was in error, done maliciously, or exceeded her authority, unless the act was taken in the clear absence of all jurisdiction); Mills v. Criminal Dist. Court #3 , 837 F.2d 677, 679 (5th Cir. 1988)(court-appointed defense attorneys are not official state actors and are generally not subject to suit under § 1983).No. 98-20902 -3-

1 Babineaux was no longer incarcerated when he filed the instant notice of appeal. The dismissal of the instant appeal as frivolous is therefore not counted as a strike against him for purposes of 28 U.S.C. § 1915(g). The district court’s dismissal of the instant action, however, is a strike. See Adepegba v. Hammons , 103 F.3d 383, 387 (5th Cir. 1996). Because Babineaux’s appeal has no arguable merit, it is
DISMISSED AS FRIVOLOUS. 1 See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983); 5 TH C IR . R. 42.2.
About this capture
COLLECTED BY
Department of Energy
http://www.osti.gov
ArchiveIt-Collection-643
|        |
|--------|
|        |  |  |
| 3.1    |    | Restated Certificate of Incorporation of Navistar International Corporation effective July 1, 1993. Filed as Exhibit 3.2 to Annual Report on Form 10-K for the period ended October 31, 1993, which was dated and filed on January 27, 1994. Commission File No. 001-9618, and amended as of May 4, 1998. |
|   |   |
| 3.2    |    | Certificate of Amendment to Restated Certificate of Incorporation, filed with the Secretary of State of the State of Delaware effective February 17, 2011. Filed as Exhibit 3.1 to Current Report on Form 8-K, which was dated and filed on February 17, 2011.  Commission File No. 001-09618. |
|   |   |
| 3.3    |    | Certificate of Retirement of Stock filed with the Secretary of State for the State of Delaware effective July 30, 2003 retiring the Class B common stock of Navistar International Corporation in accordance with the Restated Certificate of Incorporation of Navistar International Corporation. Filed as Exhibit 3.2 to Quarterly Report on Form 10-Q for the period ended July 31, 2003, which was dated and filed on September 12, 2003. Commission File No. 001-09618. |
|   |   |
| 3.4    |    | The Amended and Restated By-Laws of Navistar International Corporation effective December 14, 2010 (marked to indicate all changes from the August 26, 2008 version). Filed as Exhibit 3.1 to Current Report on Form 8-K, which was dated and filed on December 16, 2010. Commission File No. 001-09618. |
|   |   |
| 3.5    |    | Certificate of Designation, Preferences and Rights of Junior Participating Preferred Stock, Series A filed with the Secretary of State for the State of Delaware effective July 23, 2007 establishing the Series A Preferred Stock of Navistar International Corporation in accordance with the Restated Certificate of Incorporation of Navistar International Corporation. Filed as Exhibit 3.1 to Current Report on Form 8-K which was dated and filed on July 23, 2007. Commission File No. 001-09618. |
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3413 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3413

    To amend the Fair Labor Standards Act of 1938 to provide for an 
     increase in the Federal minimum wage, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2005

 Mr. Boehlert introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL

 
    To amend the Fair Labor Standards Act of 1938 to provide for an 
     increase in the Federal minimum wage, and for other purposes.

    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 ``Minimum Wage Competitiveness Act of 
2005''.

SEC. 2. MINIMUM WAGE.

    (a) In General.--Section 6(a)(1) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 206(a)(1)) is amended to read as follows:
            ``(1) except as otherwise provided in this section, not 
        less than--
                    ``(A) $6.00 an hour, beginning on the 60th day 
                after the date of enactment of the Fair Minimum Wage 
                Act of 2005;
                    ``(B) $6.75 an hour, beginning on January 1, 2006; 
                and
                    ``(C) $7.15 an hour, beginning on January 1, 
                2007;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 60 days after the date of enactment of this Act.

SEC. 3. APPLICABILITY OF MINIMUM WAGE TO THE COMMONWEALTH OF THE 
              NORTHERN MARIANA ISLANDS.

    (a) In General.--Section 6 of the Fair Labor Standards Act of 1938 
(29 U.S.C. 206) shall apply to the Commonwealth of the Northern Mariana 
Islands.
    (b) Transition.--Notwithstanding subsection (a), the minimum wage 
applicable to the Commonwealth of the Northern Mariana Islands under 
section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
206(a)(1)) shall be--
            (1) $3.55 an hour, beginning on the 60th day after the date 
        of enactment of this Act; and
            (2) increased by $0.50 an hour (or such lesser amount as 
        may be necessary to equal the minimum wage under section 
        6(a)(1) of such Act), beginning 6 months after the date of 
        enactment of this Act and every 6 months thereafter until the 
        minimum wage applicable to the Commonwealth of the Northern 
        Mariana Islands under this subsection is equal to the minimum 
        wage set forth in such section.
                                 <all>
```
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### **CHAPTER 519—MERCHANT MARINE AWARDS**

Sec.
51901.
Awards for individual acts or service.
51902.
Gallant Ship Award.
51903.
Multiple awards.
51904.
Presentation to representatives.
51905.
Flags and grave markers.
51906.
Special certificates for civilian service to armed forces.
51907.
Provision of decorations, medals, and replacements  1

51908.
Prohibition against unauthorized manufacture, sale, possession, or display of awards.

#### **Editorial Notes**

#### Amendments

**2008**—Pub. L. 110–181, div. C, title XXXV, §3523(a)(5)(B), Jan. 28, 2008, 122 Stat. 599, substituted "Provision of decorations, medals, and replacements" for "Manufacture and sale of awards and replacements." in item 51907.

1  So in original. Probably should be followed by a period.