alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued August 8 , 2023

In The 

## Court of Appeals For The 

## First District of Texas

———————————— NO. 01
- 22
- 00949
- CV

——————————— UBAID SETH , Appella nt

V. NAJWA AEJAZ , Appell e e
On Appeal from the 387th District Court Fort Bend County, Texas Trial Court Ca se No. 19
- DCV
- 264378

MEMORANDU M OPINION Appellant, Ubaid Seth, has filed a motion for voluntary dismissal of this appeal. More than ten days have elapsed since the filing of the motion, and no party has objected to dismissal. See T EX
. R. A PP
. P. 10.3(a). No opinion has issued in this2

appeal. Accordingly, we grant the motion and dismiss the appeal. See T EX
. R. A PP
. P. 42.1(a) (1). We dismiss any other pending motions as moot. PER CURIAM Panel consists of Justices Goodman, Landau, and Rivas

- Molloy
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.155 Qualified hoisting engineer; qualifications. ( a ) ( 1 ) A person is a qualified hoisting engineer within the provisions of subpart O of this part, for the purpose of operating a steam-driven hoist in a coal mine, if he has at least 1 year experience as an engineer in a steam-driven hoisting plant and is qualified by the State in which the mine is located as a steam-hoisting engineer; or
( 2 ) If a State has no program for qualifying persons as steam-hoisting engineers, the Secretary may qualify persons for this purpose if the operator of the coal mine in which such persons are employed, or the independent contractor, makes an application and a satisfactory showing that each such person has had 1 year experience in operating steam-driven hoists and has held the position of hoisting engineer for a period of 6 months immediately preceding the application. A person's qualification is valid for as long as this person continues to satisfy the requirements necessary for qualification and is employed at the same coal mine or by the same independent contractor.
( b ) ( 1 ) A person is a qualified hoisting engineer within the provisions of subpart O of this part, for the purpose of operating an electrically driven hoist in a coal mine, if he has at least 1 year experience operating a hoist plant in a mine or maintaining electric-hoist equipment in a mine and is qualified by the State in which the mine is located as an electric-hoisting engineer; or
( 2 ) If a State has no program for qualifying persons as electric-hoisting engineers, the Secretary may qualify persons for this purpose if the operator of the coal mine in which such persons are employed, or the independent contractor, makes an application and a satisfactory showing that each such person has had 1 year experience in operating electric-driven hoists and has held the position of hoisting engineer for a period of 6 months immediately preceding the application. A person's qualification is valid for as long as this person continues to satisfy the requirements for qualification and is employed at the same coal mine or by the same independent contractor.
( c ) Applications for Secretarial qualification should be submitted to the Health and Safety Activity, Mine Safety and Health Administration, Certification and Qualification Center, P.O. Box 25367, Denver Federal Center, Denver, Colo. 80225.
[35 FR 17894, Nov. 20, 1970, as amended at 43 FR 12320, Mar. 24, 1978; 54 FR 30515, July 20, 1989]
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM DIONICS, INC.'S QUARTERLY REPORT FOR THE QUARTER ENDED
SEPTEMBER 30, 2000 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<PERIOD-TYPE>                  9-MOS
<FISCAL-YEAR-END>              DEC-31-2000
<PERIOD-END>                   SEP-30-2000
<CASH>                         718,500
<SECURITIES>                   0
<RECEIVABLES>                  359,600
<ALLOWANCES>                   0
<INVENTORY>                    682,100
<CURRENT-ASSETS>               1,781,900
<PP&E>                         1,742,900
<DEPRECIATION>                 1,659,400
<TOTAL-ASSETS>                 1,915,700
<CURRENT-LIABILITIES>          484,800
<BONDS>                        1,081,700
<COMMON>                       38,400
<PREFERRED-MANDATORY>          0
<PREFERRED>                    0
<OTHER-SE>                     1,522,800
<TOTAL-LIABILITY-AND-EQUITY>   1,915,700
<SALES>                        1,743,800
<TOTAL-REVENUES>               1,743,800
<CGS>                          1,114,400
<TOTAL-COSTS>                  1,114,400
<OTHER-EXPENSES>               330,500
<LOSS-PROVISION>               0
<INTEREST-EXPENSE>             77,100
<INCOME-PRETAX>                241,800
<INCOME-TAX>                   2,000
<INCOME-CONTINUING>            239,800
<DISCONTINUED>                 0
<EXTRAORDINARY>                0
<CHANGES>                      0
<NET-INCOME>                   239,800
<EPS-BASIC>                  .065
<EPS-DILUTED>                  .063


</TABLE>
#### Cities Service Oil Company, Respondent, v. 307 Summer Street, Inc., et al., Appellants.

Motion for reargument denied. Present — Williams, P. J., Bastow, Halpern, MeClusky and Henry, JJ.
§ 57.6960 Mixing of explosive material. ( a ) The mixing of ingredients to produce explosive material shall not be conducted underground unless prior approval of the MSHA district manager is obtained. In granting or withholding approval, the district manager shall consider the potential hazards created by— ( 1 ) The location of the stored material and the storage practices used;
( 2 ) The transportation and use of the explosive material;
( 3 ) The nature of the explosive material, including its sensitivity;
( 4 ) Any other factor deemed relevant to the safety of miners potentially exposed to the hazards associated with the mixing of the bulk explosive material underground.
( b ) Storage facilities for the ingredients to be mixed shall provide drainage away from the facilities for leaks and spills.
Exhibit 32.1

WRITTEN STATEMENT

PURSUANT TO

18 U.S.C. SECTION 1350

In connection with Quarterly Report of Cogo Group, Inc. and its
subsidiaries (the Company) on Form 10-Q for the period ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Jeffrey Kang, Chief Executive Officer of
the Company certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The
Report fully complies with the requirements of Section 13a-14(b) or 15d-14(b) of the Securities Exchange Act of 1934; and

(2) The information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                        |  |  |  |        |  |                        
|----------------------- |  |  |  | ------ |  | -----------------------
|Dated: November 7, 2008 |  |  |  | By:    |  | /s/ Jeffrey Kang       
|                        |  |  |  | Name:  |  | Jeffrey Kang           
|                        |  |  |  | Title: |  | Chief Executive Officer
IN THE SUPREME COURT OF ALABAMA

January 12, 2024

SC-2023-0355

Mobile Infirmary Association d/b/a Mobile Infirmary Medical Center and 

Gulf Health Hospitals, Inc., d/b/a Thomas Hospital v. Wayne Fagerstrom, 

individually and as administrator of the Estate of Sylvia Fagerstrom, 

deceased (Appeal from Baldwin Circuit Court: CV-20-900001).

CERTIFICATE OF JUDGMENT

WHEREAS, the ruling on the application for rehearing filed in this 

case and indicated below was entered in this cause on January 12, 2024:

Application Overruled. No Opinion. Sellers, J. -- Parker, C.J., 

and Shaw, Wise, Bryan, Mendheim, Stewart, Mitchell, and Cook, JJ., 

concur.

WHEREAS, the appeal in the above referenced cause has been duly 

submitted and considered by the Supreme Court of Alabama and the 

judgment indicated below was entered in this cause on November 17, 

2023:

Reversed and Remanded. Sellers, J. – Shaw, Wise, Bryan, 

Stewart, Mitchell, and Cook, JJ., concur. Parker, C.J., and Mendheim, 

J., concur in the result.

NOW, THEREFORE, pursuant to Rule 41, Ala. R. App. P., IT IS 

HEREBY ORDERED that this Court's judgment in this cause is certified 

on this date. IT IS FURTHER ORDERED that, unless otherwise ordered 

by this Court or agreed upon by the parties, the costs of this cause are 

hereby taxed as provided by Rule 35, Ala. R. App. P.

I, Megan B. Rhodebeck, certify that this is the record of the judgment of the Court, witness 

my hand and seal.
Clerk, Supreme Court of Alabama
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                          80,976
<SECURITIES>                                         0
<RECEIVABLES>                                  362,056
<ALLOWANCES>                                  (12,268)
<INVENTORY>                                      9,278
<CURRENT-ASSETS>                               511,249
<PP&E>                                       1,100,017
<DEPRECIATION>                               (706,038)
<TOTAL-ASSETS>                                 925,486
<CURRENT-LIABILITIES>                          414,300
<BONDS>                                         15,100
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        57,394
<OTHER-SE>                                     175,117
<TOTAL-LIABILITY-AND-EQUITY>                   925,486
<SALES>                                              0
<TOTAL-REVENUES>                             1,727,509
<CGS>                                                0
<TOTAL-COSTS>                                1,677,956
<OTHER-EXPENSES>                                 2,840
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,163
<INCOME-PRETAX>                                 46,713
<INCOME-TAX>                                    24,758
<INCOME-CONTINUING>                             21,955
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    21,955
<EPS-PRIMARY>                                     1.00
<EPS-DILUTED>                                     1.00
        

</TABLE>
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1434 Retirement criteria. Unless damage or deterioration is removed by cutoff, wire ropes shall be removed from service when any of the following conditions occurs: ( a ) The number of broken wires within a rope lay length, excluding filler wires, exceeds either— ( 1 ) Five percent of the total number of wires; or
( 2 ) Fifteen percent of the total number of wires within any strand;
( b ) On a regular lay rope, more than one broken wire in the valley between strands in one rope lay length;
( c ) A loss of more than one-third of the original diameter of the outer wires;
( d ) Rope deterioration from corrosion;
( e ) Distortion of the rope structure;
( f ) Heat damage from any source;
( g ) Diameter reduction due to wear that exceeds six percent of the baseline diameter measurement; or
( h ) Loss of more than ten percent of rope strength as determined by nondestructive testing.
METAL / NONMETAL

Serious Accident

Surface Traprock – A loader operator was travelling down a 14% 

sloped roadway in a small articulated open-station loader which was 

equipped with ROPS and a seat belt. The operator was cleaning a 

shallow drainage ditch and rebuilding the washed-out berm behind 

the ditch. While watching the left side of the bucket and trying to 

maintain grade alignment with the roadway, a 1’ by 1’ by 2’ rock slid 

between the right side of the bucket and the front tire. The operator 

did not see the rock and when the right front tire ran over the rock, it 

caused the loader to tip to the left. The loader landed on the left side 

in the roadway. The operator was wearing his seat belt and was not 

injured.

BEST PRACTICES

 Always be attentive to changes in ground conditions and visibility 

when operating machinery.

 Maintain control of self-propelled mobile equipment while it is in 

motion. 

 Always wear a seat belt when operating mobile equipment.

 Task train mobile equipment operators adequately and ensure 

each operator can demonstrate proficiency in all phases of 

mobile equipment operation before performing work.

 Stay alert, stay awake, and pay attention to the task.
From: Benson, Thomas (ENRD)

To: Kordzi, Joe

Cc: Dunn, Jason (ENRD); Schoellkopf, Lynde; Sterling, Carolyn (ENRD); ENRD-NOX Case Emails

Subject: RE: Dr. Phyllis Fox"s rebuttal report for the Cinergy case

Date: Monday, August 24, 2015 11:17:08 AM

Attachments: 2309Cinergy.ecl.pdf

ENV_ENFORCEMENT-#1295245-v1-cinrem_fox_taylor_rebuttal_report_AS_SERVED.PDF

Fox Taylor Expert Report.pdf

Cinergy Protective Order.pdf

Hi Joe,

Following up on our conversation, I have attached both of Dr. Fox’s Cinergy expert reports. These

 reports can be used for regulatory purposes and cannot be shared outside EPA. I’ve also attached

 the protective order that governs the use of confidential material in the Cinergy case.

Finally, I’ve attached the transcript of Dr. Fox’s court testimony in Cinergy. This transcript is not

confidential and can be used without restriction. Dr. Fox’s testimony begins on p. 302. She

 summarizes her opinion and bases on FGD removal efficiency beginning at p. 332.

Good luck and let me know if you have any further questions.

Best,

Tom

Thomas A. Benson

Senior Attorney

Environmental Enforcement Section

U.S. Department of Justice

202-514-5261

U.S. Mail Address: P.O. Box 7611, Washington, D.C. 20044-7611

Overnight Mail Address: 601 D Street, N.W., Washington, D.C. 20004

From: Kordzi, Joe [mailto:Kordzi.Joe@epa.gov] 

Sent: Tuesday, August 18, 2015 12:00 PM

To: Benson, Thomas (ENRD) <TBenson@ENRD.USDOJ.GOV>

Cc: Dunn, Jason (ENRD) <JDunn@ENRD.USDOJ.GOV>; Schoellkopf, Lynde

 <Schoellkopf.Lynde@epa.gov>

Subject: Dr. Phyllis Fox's rebuttal report for the Cinergy case

Importance: High

Hi Tom,

I left you a VM about this. Sorry to bother you while you’re on vacation. I’m an engineer in EPA’s

 Region 6 office and we’re out on proposal for a rule that would require SO2 scrubbers on 15 coal
 fired power plant units under our regional haze regulations. We are scheduled to go final by 12-9-

15. We’re retained the services of Dr. Phyllis Fox to address some of the comments we received.

 She told me she’d like to incorporate her Rebuttal Report for the Cinergy case because she believes

 it contains valuable information we could use to address some of the comments we received

 claiming the level of control we proposed is too high. I’d like to have a conversation with you about

 whether we can use this report, and to what extent it may be protected. As usual, we are really

 pressed for time so pls either email me or call me at 214-665-7186 as soon as you can. Thanks.

Jason – I’ve also left you a VM in case you can help. Thanks.

Lynde Schoellkopf is my attorney.

Joe Kordzi

EPA Region 6

" . . . and miles to go before I sleep."

 - Robert Frost
### §403j. Transferred

#### **Editorial Notes**

#### Codification

Section 403j, comprising section 8 of the Central Intelligence Agency Act of 1949, act June 20, 1949, ch. 227, was editorially reclassified as section 3510 of this title.
#### § 56.23001 Definitions.

The following definitions apply in this subpart—

*Responsible person* means a person with authority and responsibility to evaluate and update a written safety program for surface mobile equipment.

*Surface mobile equipment* means wheeled, skid-mounted, track-mounted, or rail-mounted equipment capable of moving or being moved, and any powered equipment that transports people, equipment, or materials, excluding belt conveyors, at surface metal and nonmetal mines.
Exhibit 31

CERTIFICATION

Re:	Morgan Stanley ABS Capital I Inc. Trust 2004-WMC1 (the "Trust"),
Mortgage Pass-Through Certificates, Series 2004-WMC1, issued pursuant
to the Pooling and Servicing Agreement, dated as of July 1, 2004 (the
"Pooling and Servicing Agreement"), by and among Morgan Stanley ABS
Capital I Inc., as depositor, Deutsche Bank National Trust Company, as
trustee (the "Trustee"), HomEq Servicing Corporation, as servicer (the
"Servicer"), and WMC Mortgage Corp., as responsible party

 I, Craig Phillips, certify that:

(1) I have reviewed this annual report on Form 10-K (the "Annual
Report"), and all reports on Form 8-K containing distribution reports
(collectively with this Annual Report, the "Reports") filed in respect
of periods included in the year covered by this Annual Report, of the
Trust;

(2) Based on my knowledge, the information in the 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 Trustee by the Servicer under the
Pooling and Servicing Agreement, for inclusion in the Reports is
included in the Reports;

(4) Based on my knowledge and upon the annual compliance statement
included in this Annual Report and required to be delivered to the
Trustee in accordance with the terms of the Pooling and Servicing
Agreement, and except as disclosed in the Reports, the Servicer has
fulfilled its obligations under the Pooling and Servicing Agreement;
and

(5) The Reports disclose all significant deficiencies relating to the
Servicer's compliance with the minimum servicing 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 Agreement, that is included in the Reports.

In giving the certifications above, I have reasonably relied on
information provided to me by the following unaffiliated parties:
the Trustee and the Servicer.

Date:	March 24, 2005
/s/: Craig Phillips
Craig Phillips
President
§ 586.105 What are my responsibilities under this part? As an applicant, operator, or holder of an Alternate Use RUE grant, you must: ( a ) Design your projects and conduct all activities in a manner that ensures safety and will not cause undue harm or damage to natural resources, including their physical, atmospheric, and biological components to the extent practicable; and take measures to prevent unauthorized discharge of pollutants including marine trash and debris into the offshore environment.
( b ) Submit requests, applications, plans, notices, modifications, and supplemental information to BOEM as required by this part;
( c ) Follow-up, in writing, any oral request or notification you made, within 3 business days;
( d ) Comply with the terms, conditions, and provisions of all reports and notices submitted to BOEM, and of all plans, revisions, and other BOEM approvals, as provided in this part;
( e ) Make all applicable payments on time;
( f ) Comply with the DOI's non-procurement debarment regulations at 2 CFR part 1400;
( g ) Include the requirement to comply with 2 CFR part 1400 in all contracts and transactions related to a lease or grant under this part;
( h ) Conduct all activities authorized by the lease or grant in a manner consistent with the provisions of subsection 8(p) of the OCS Lands Act;
( i ) Compile, retain, and make available to BOEM representatives, within the time specified by BOEM, any data and information related to the site assessment, design, and operations of your project; and
( j ) Respond to requests from the Director in a timely manner.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA

Respondent

v.

DOUGLAS BRUNSON,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 318 WAL 2016

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 15th day of February, 2017

, the Petition for Allowance of Appeal

is DENIED

.
### Part A—Contracts
### §5904. State enforcement

(a) General.—A State may enact a law to permit the State or a political subdivision of the State—

(1) to impose a fine or penalty, for a violation of a State highway weight law or regulation by a tractor-trailer combination carrying a loaded container or trailer for which a certification is required by section 5902(b) of this title, against the person tendering the loaded container or trailer to the first carrier if the violation results from the person's having provided erroneous information in the certification in violation of section 5903(a) of this title; and

(2) to impound the container or trailer until the fine or penalty has been paid by the owner or beneficial owner of the contents of the container or trailer or the person tendering the loaded container or trailer to the first carrier.

(b) Limitation.—This chapter does not require a person tendering a loaded container or trailer to a first carrier to ensure that the first carrier or any other carrier involved in the intermodal transportation will comply with any State highway weight law or regulation, other than as required by this chapter.

(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 861.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 5904(a) | 49:508(f). | |
| 5904(b) | 49:508(h). | |

Section

In subsection (a)(1), the words "false" and "written" are omitted as surplus and for consistency with section 5903(a) of the revised title.

In subsection (b), the words "does not require" are substituted for "shall not be construed as creating any obligation or responsibility for" to eliminate unnecessary words. The words "State highway weight law or regulation" are substituted for "State statutes or regulations prescribing weight limitations for highway transportation" for consistency with subsection (a) of this section and to eliminate unnecessary words.