alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## 2009 D e c i sion s O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit 10-5-2009 

# E dwa r d B e nk

o sk i v . B onnie W a si lewsk i P r e c e de n t i al or N on-P r e c e de n t i al : N on-P r e c e de n t i al D ocke t N o . 08-4200

F o l lo w thi s a nd a dd it ion al w ork s at : h tt p://d i g it alc ommon s .l a w . v i l l a no va . e du/thir dc ir c uit_2009

Thi s de c i sion i s br ou gh t t o you for f r e e a nd ope n a c c e s s b y the O p inion s of the U nit e d S t at e s C our t of Appe al s for the Thir d C ir c uit at V i l l a no va U nive r sit y S choo l of L a

w Di g it al Re posit or y

. It h as be e n a c c e pt e d for inclusion in 2009 D e c i sion s b y a n author i z e d a dmini s tr at or of V i l l a no va U nive r sit y S choo l of L a

w Di g it al Re posit or y

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w . v i l l a no va . e du . 

## Re c omme nde d C it at ion " E dwa r d Be nkoski v

. Bonnie W

asi lew ski " (2009). 2009 D e cisio n s . P ape r 516. h tt p://d i g it alc ommon s .l a

w . v i l l a no va . e du/thir dc ir c uit_2009/516
§ 33.22 Mode of use. ( a ) A unit or system may be designed for use in connection with percussion and/or rotary drilling in any combination of the following drilling positions: ( 1 ) Vertically upward,
( 2 ) upward at angles to the vertical,
( 3 ) horizontally, and
( 4 ) downward.
( b ) Dust-collector units may be designed for use with specific drilling equipment or at specific drilling speeds.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9407 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9407

     To amend title 49, United States Code, to except from certain 
requirements relating to eligibility for essential air service Guam and 
         the Northern Mariana Islands, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 23, 2024

Mr. Moylan (for himself and Mr. Sablan) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
     To amend title 49, United States Code, to except from certain 
requirements relating to eligibility for essential air service Guam and 
         the Northern Mariana Islands, 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. EXCEPTION FOR CERTAIN LOCATIONS.

    Section 41731(c) of title 49, United States Code, is amended--
            (1) in the subsection heading by striking ``Alaska and 
        Hawaii'' and inserting ``Alaska, Guam, Hawaii, and the Northern 
        Mariana Islands''; and
            (2) by striking ``State of Alaska or the State of Hawaii'' 
        and inserting ``State of Alaska, the State of Hawaii, the 
        territory of Guam, or the territory of the Northern Mariana 
        Islands''. 
                                 <all>
```
HeinOnline -- 65 Fed. Reg. 67249 2000HeinOnline -- 65 Fed. Reg. 67250 2000HeinOnline -- 65 Fed. Reg. 67251 2000HeinOnline -- 65 Fed. Reg. 67252 2000
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9528 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9528

  To redesignate certain facilities at Paterson Great Falls National 
       Historical Park in honor of Congressman Bill Pascrell, Jr.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2024

 Mr. Pallone (for himself, Mr. Norcross, Mr. Van Drew, Mr. Kim of New 
   Jersey, Mr. Smith of New Jersey, Mr. Gottheimer, Mr. Kean of New 
Jersey, Mr. Menendez, Ms. Sherrill, and Mrs. Watson Coleman) introduced 
  the following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
  To redesignate certain facilities at Paterson Great Falls National 
       Historical Park in honor of Congressman Bill Pascrell, Jr.

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

SECTION 1. REDESIGNATION OF PATERSON GREAT FALLS NHP FACILITIES.

    (a) Great Falls Scenic Overlook Trail Bridge.--Great Falls Scenic 
Overlook Trail Bridge at Paterson Great Falls National Historical Park 
shall hereafter be known and designated as ``Congressman Bill Pascrell, 
Jr. Scenic Overlook Trail Bridge''.
    (b) Overlook Park.--Overlook Park at Paterson Great Falls National 
Historical Park shall hereafter be known and designated as 
``Congressman Bill Pascrell, Jr. Overlook Park''.
    (c) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to--
            (1) Great Falls Scenic Overlook Trail Bridge shall be 
        deemed to be a reference to Congressman Bill Pascrell, Jr. 
        Scenic Overlook Trail Bridge; and
            (2) Overlook Park shall be deemed to be a reference to 
        Congressman Bill Pascrell, Jr. Overlook Park.
                                 <all>
```
### SUBCHAPTER V—TAXES AND PUBLIC LANDS
March 12, 2012

The Honorable Ray

L aHood, Secretary U.S. Department of Transportation 1200 New Jersey , S.E. Washington, DC 20590 - 0001 RE: Docket DOT - OST - 2000 - 7182 Dear Secretary

L aHood: Brown - Forman Corporation is pleased to offer its support to the efforts of Frontier Airlines Inc. to initiate new nonstop jet service between Louisville, KY and Ronald Reagan Washington National Airport. Frontier’s proposal brings important competition to one our region’s top air service routes , expands the availabil ity of low fares in the L ouisville market and sig nificantly expands access a top destination for business and leisure activities. We have found Louisville and Southern Indiana to be an excellent place in which to do business and we believe that competitiv e jet service to the nation’s capital will greatly enhance the travel options available from Louisville International Airport. We strongl y encourage the Department of Transportation to approve Frontier’s proposal for new low cost, large jet air service between Louisville and Washington DC. Sincerel y, Lisa L Lewis Travel Manager Brown - Forman Corporation
#### Rosenthal-Block China Corporation et al., Appellants, v. Johann Havtland China Corporation et al., Respondents, et al., Defendants.

Order, entered September 27, 1960, as resettled by order, entered November 4, 1960, insofar as appealed from, unanimously reversed on the law and on the facts, with $20 costs and disbursements to plaintiffs-appellants, and motion by defiendan ts-respondents to strike paragraphs 11, 12, 14, 27 and 41 as sham is denied, with $10 costs. As a general rule, a plaintiff may “ determine in his own mind the legal effect of the written contract or other document upon which his cause of action is founded, and plead its legal effect as he understands it”. *(United*
      *916
      *States Print. & Lithograph Co.*v. *Powers,*183 App. Div. 513, 514; *Murphy*v. *New York Yellow Cab Co. Sales Agency,*207 App. Div. 820.) The plaintiffs here were entitled to allege in their complaint that the agreements between the parties were to the legal effect claimed by them. Where there is, as here, an arguable basis for the plaintiffs’ allegations of the existence of agreements between the parties of the legal effect set forth, a claimed variance between the agreements as alleged and the written contracts does not justify the striking of plaintiffs’ allegations as sham. To be stricken as sham is matter which is “ false, in fact, and which is demonstratively false as to leave no reasonable doubt in the mind of the court as to its falsity.” *(Santasiero*v. *Briggs,*278 App. Div. 15, 21.) Factual questions may not be determined on a motion to strike. *(Northridge Coop.*v. *32nd Ave. Constr.,*10 A D 2d 244.) Consequently, under the circumstances here, the construction and effect of the written contracts between the parties, and whether or not they are to the effect as claimed by plaintiffs are not to be resolved upon this motion. Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, JJ.
### §46. Repealed. July 28, 1956, ch. 772, title III, §301(a)(2), 70 Stat. 712

Section, acts Feb. 6, 1909, ch. 80, §7, 35 Stat. 601; Oct. 14, 1942, ch. 601, §2, 56 Stat. 782; July 28, 1956, ch. 722, title III, §301(b)(1), 70 Stat. 712, authorized Governor of Alaska or his designee to contract for care and custody of insane persons.
C\1 

I 

< 

a. 

< 

::E DEPARTMENT OF THE INTERIOR 

UNITED STATES GEOLOGICAL SURVEY 

PREPARED BY THE 

INSTITUTE OF POLAR STUDIES, OHIO STATE UNIVERSITY 

UNDER THE AUSPICES OF THE 

NATIONAL SCIENCE FOUNDATION 

RECONNAISSANCE GEOLOGIC MAP OF THE 

MOUNT ELIZABETH AND MOUNT KATHLEEN QUADRANGLES, 

TRANSANTARCTIC M·OUNTAINS, 

ANTARCTICA 

By 

John F. Lindsay, John Gunner, and PeterJ. Barrett 

U.S. ANTARCTIC RESEARCH PROGRAM 

MT. ELIZABETH AND MT. KATHLEEN QUADRANGLES 

ANTARCTIC GEOLOGIC MAP A- 2 

LOCATION DIAGRAM 

PUBLISHED BY THE U.S. GEOLOGICAL SURVEY 

WASHINGTON, D·.C. 20242 

1973 

-tv 

Ul 

0 

0 

0 

0
### **CHAPTER 40—DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION**

Sec.
2301.
Findings.
2302.
Definitions.

#### SUBCHAPTER I—DOMESTIC PREPAREDNESS

2311.
Response to threats of terrorist use of weapons of mass destruction.
2312.
Repealed.
2313.
Nuclear, chemical, and biological emergency response.
2314.
Chemical, biological, radiological, nuclear, and high-yield explosives response team.
2315.
Testing of preparedness for emergencies involving nuclear, radiological, chemical, and biological weapons.
2316.
Actions to increase civilian expertise.
2317.
Rapid response information system.

#### SUBCHAPTER II—INTERDICTION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS

2331.
Procurement of detection equipment for United States border security.
2332.
Sense of Congress concerning criminal penalties.
2333.
International border security.
2334.
Training program.

#### SUBCHAPTER III—CONTROL AND DISPOSITION OF WEAPONS OF MASS DESTRUCTION AND RELATED MATERIALS THREATENING THE UNITED STATES

2341.
Elimination of plutonium production.
2342.
Cooperative program on research, development, and demonstration of technology regarding nuclear or radiological terrorism.
2343.
Matters relating to the international materials protection, control, and accounting program of the Department of Energy.
2344.
Strengthened international security for nuclear materials and security of nuclear operations.
2345.
Export control programs.

#### SUBCHAPTER IV—COORDINATION OF POLICY AND COUNTERMEASURES AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

2351.
National coordinator on nonproliferation.
2352.
National Security Council Committee on Nonproliferation.
2353.
Comprehensive preparedness program.
2354.
Termination.

#### SUBCHAPTER IV–A—NONPROLIFERATION ASSISTANCE COORDINATION

2357.
Findings.
2357a.
Definitions.
2357b.
Establishment of Committee on Nonproliferation Assistance.
2357c.
Purposes and authority.
2357d.
Administrative support.
2357e.
Confidentiality of information.
2357f.
Statutory construction.
2357g.
Reporting and consultation.

#### SUBCHAPTER V—MISCELLANEOUS

2361.
Sense of Congress concerning contracting policy.
2362.
Transfers of allocations among cooperative threat reduction programs.
2363.
Sense of Congress concerning assistance to states of former Soviet Union.
2364.
Purchase of low-enriched uranium derived from Russian highly enriched uranium.
2365.
Sense of Congress concerning purchase, packaging, and transportation of fissile materials at risk of theft.
2366.
Repealed.
2367.
Reports on acquisition of technology relating to weapons of mass destruction and the threat posed by weapons of mass destruction, ballistic missiles, and cruise missiles.
2368.
Annual reports on the proliferation of missiles and essential components of nuclear, biological, chemical, and radiological weapons.
2369.
Repealed.
2370.
Notification of Committees on Armed Services with respect to certain nonproliferation and proliferation activities.
2371.
Repealed.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9544 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9544

 To designate the facility of the United States Postal Service located 
  at 340 South Loudon Avenue in Baltimore, Maryland, as the ``United 
    States Representative Elijah E. Cummings Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 11, 2024

 Mr. Mfume (for himself, Mr. Trone, Mr. Hoyer, Mr. Ruppersberger, Mr. 
 Sarbanes, Mr. Raskin, Mr. Ivey, Mr. Grijalva, Ms. Norton, Mr. Nadler, 
     Ms. Porter, Mr. Krishnamoorthi, Mr. Connolly, Mr. Thompson of 
   Mississippi, Ms. Tlaib, Mr. Boyle of Pennsylvania, and Mr. Meeks) 
 introduced the following bill; which was referred to the Committee on 
                      Oversight and Accountability

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
  at 340 South Loudon Avenue in Baltimore, Maryland, as the ``United 
    States Representative Elijah E. Cummings Post Office Building''.

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

SECTION 1. UNITED STATES REPRESENTATIVE ELIJAH E. CUMMINGS POST OFFICE 
              BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 340 South Loudon Avenue in Baltimore, Maryland, shall be 
known and designated as the ``United States Representative Elijah E. 
Cummings Post Office Building''.
    (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 ``United 
States Representative Elijah E. Cummings Post Office Building''.
                                 <all>
```
#### § 285.814 [Reserved]
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

HouseValues, Inc. 

We consent to the incorporation by reference in theregistration statements (Nos. 333-121294 and 333-138412) on Form S-8 of HouseValues, Inc. of our reports dated March 11, 2008, with respect to the consolidated balance sheets of HouseValues, Inc. and subsidiaries as of December 31, 2007and 2006, and the related consolidated statements of operations, shareholders’ equity, and cash flows for each of the years in the three-year period ended December 31, 2007, the related financial statement schedule, and the effectivenessof internal control over financial reporting as of December 31, 2007, which reports appear in the December 31, 2007 annual report on Form 10-K of HouseValues, Inc. 

Our report refers to a change in the method of accounting for all stock-based awards made to employees and directors effective January 1, 2006.

/s/ KPMG LLP 

Seattle, WA 

March 11, 2008
#### Nathan W. Odle et al., appellants, v. Robert R. Rodman et al., appellees.

Bill to reform written contract as to rights of heirs under will, so far as it related to certain attorney’s fees. Decree finding complainants failed to prove that said fees should be included; that there was no mutual mistake; that attorney in question did not make false and fraudulent misrepresentations as alleged; and that complainants are not entitled to relief on these accounts; but that contract should be reformed to include certain facts as to payment received by said attorney. Appeal from the Circuit Court of Vermilion county; the Hon. John H. Marshall, Judge, presiding. Heard in this court at the October term, 1922.

Remanded with directions.

Opinion filed April 23, 1923.

Miles S. Odie, for appellants. Acton, Acton & Snyder, for appellees.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.
## SUBTITLE IV—INTERSTATE TRANSPORTATION

#### PART A—RAIL

Chapter
Sec.
101.
GENERAL PROVISIONS
10101
105.
JURISDICTION
10501
107.
RATES
10701
109.
LICENSING
10901
111.
OPERATIONS
11101
113.
FINANCE
11301
115.
FEDERAL-STATE RELATIONS
11501
117.
ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
11701
119.
CIVIL AND CRIMINAL PENALTIES
11901

#### PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS

Chapter
Sec.
131.
GENERAL PROVISIONS
13101
133.
ADMINISTRATIVE PROVISIONS
13301
135.
JURISDICTION
13501
137.
RATES AND THROUGH ROUTES
13701
139.
REGISTRATION
13901
141.
OPERATIONS OF CARRIERS
14101
143.
FINANCE
14301
145.
FEDERAL-STATE RELATIONS
14501
147.
ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES
14701
149.
CIVIL AND CRIMINAL PENALTIES
14901

#### PART C—PIPELINE CARRIERS

Chapter
Sec.
151.
GENERAL PROVISIONS
15101
153.
JURISDICTION
15301
155.
RATES
15501
157.
OPERATIONS OF CARRIERS
15701
159.
ENFORCEMENT: INVESTIGATIONS, RIGHTS, AND REMEDIES
15901
161.
CIVIL AND CRIMINAL PENALTIES
16101

#### Prior Provisions

A prior subtitle IV, consisting of chapters 101 to 119, related to interstate commerce, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

#### **Editorial Notes**

#### Amendments

**1997**—Pub. L. 105–102, §2(5), Nov. 20, 1997, 111 Stat. 2204, struck out "AND TARIFFS" after "RATES" in item for chapter 155.
See T EX . R. A PP . P
. 52. 8( d) ( “ W hen deny i ng r el i ef , t he cou r t m ay han d do w n an opi ni on b ut 1 i s n o t r e q u i re d to d o s o .”) ; T EX . R. A PP . P . 4 7 .4 (d i s ti n g u i s h i n g o p i n i o n s a n d m e m o ra n d u m o p i n i o n s ). 

### NU MBE R 13- 10- 0007 2-C V 

## CO UR T O F APP EAL S THI RTEENT H DI ST RI CT OF TE XAS CORPUS CHRI ST I - E DI NBURG IN RE: BISHO P LIFTI NG PRODUCTS, I NC. On P etitio n for

W rit of M anda mus an d M ot i on fo r Em erge ncy T em po ra ry

R el i ef
. MEM ORA ND UM OPIN ION Before C hie f Justice V ald ez an d Justices Y añez and Vel a

Per Cu ria m Mem ora ndum Opi nio n 1 Rel ator , Bi shop Lifti ng Products, Inc ., filed a pe ti ti on for w ri t of mandamus and a moti on for emerg ency

temporary rel ief i n the above c ause on F ebr uar y 18, 2010. The Cou rt , hav ing examined and fully cons ide re d the peti ti on for w ri t of mandamusand moti on for emerg ency

temporar

y reli ef, isof the o pin ion that rel ator has not show n i tse lf enti tl ed to th e r eli ef soug ht. Ac cordin g ly , t he moti on for emerg ency temporar

y reli ef and the peti ti on for w ri t of mandamusare D EN IED
. SeeT EX . R. A PP . P. 5 2.8( a)
. PERC UR IAM Del ivered and filed the 19th day of Febr uar

y , 201 0.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          35,640
<INT-BEARING-DEPOSITS>                         642,499
<FED-FUNDS-SOLD>                                55,052
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    321,652
<INVESTMENTS-CARRYING>                          52,017
<INVESTMENTS-MARKET>                            53,144
<LOANS>                                        456,308
<ALLOWANCE>                                    (5,669)
<TOTAL-ASSETS>                               1,026,569
<DEPOSITS>                                     819,302
<SHORT-TERM>                                   122,809
<LIABILITIES-OTHER>                              7,694
<LONG-TERM>                                          0
<COMMON>                                         5,840
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      70,196
<TOTAL-LIABILITIES-AND-EQUITY>               1,026,569
<INTEREST-LOAN>                                 40,143
<INTEREST-INVEST>                               23,523
<INTEREST-OTHER>                                   840
<INTEREST-TOTAL>                                64,506
<INTEREST-DEPOSIT>                              28,282
<INTEREST-EXPENSE>                              32,561
<INTEREST-INCOME-NET>                           31,945
<LOAN-LOSSES>                                       20
<SECURITIES-GAINS>                                  42
<EXPENSE-OTHER>                                 36,808
<INCOME-PRETAX>                                 11,761
<INCOME-PRE-EXTRAORDINARY>                       8,080
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,080
<EPS-PRIMARY>                                     1.58
<EPS-DILUTED>                                     1.54
<YIELD-ACTUAL>                                    7.63
<LOANS-NON>                                      1,046
<LOANS-PAST>                                       839
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 5,659
<CHARGE-OFFS>                                      259
<RECOVERIES>                                       249
<ALLOWANCE-CLOSE>                                5,669
<ALLOWANCE-DOMESTIC>                             5,669
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            403


</TABLE>
#### § 33.7 Date for conducting tests.

The date of acceptance of an application will determine the order of precedence for testing when more than one application is pending, and the applicant will be notified of the date on which tests will begin. If a unit or system fails to meet any of the requirements, it shall lose its order of precedence. If an application is submitted to resume testing after correction of the cause of failure, it will be treated as a new application and the order of precedence for testing will be so determined.
### Part C—Computation of Annuities
### §44722. Aircraft operations in winter conditions

The Administrator of the Federal Aviation Administration shall prescribe regulations requiring procedures to improve safety of aircraft operations during winter conditions. In deciding on the procedures to be required, the Administrator shall consider at least aircraft and air traffic control modifications, the availability of different types of deicing fluids (considering their efficacy and environmental limitations), the types of deicing equipment available, and the feasibility and desirability of establishing timeframes within which deicing must occur under certain types of inclement weather.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1202.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 44722 | 49:1421 (note). | Oct. 31, 1992, Pub. L. 102–581, §124, 106 Stat. 4885. |

Section

The words "Before November 1, 1992" are omitted as obsolete. The words "prescribe regulations requiring" are substituted for "require, by regulation", and the words "other factors the Administrator considers appropriate" are substituted for "among other things", for consistency in the revised title.