alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Tasia Xikis, Respondent, v John Xikis, Appellant.

In a support proceeding, the appeal is from so much of an order of the Family Court, Queens County, dated August 8, 1977, as awarded petitioner counsel fees in the amount of $11,000. Order modified, on the facts, by reducing the award of counsel fees to the sum of $7,500. As so modified, order affirmed insofar as appealed from, without costs or disbursements. The award of counsel fees *1031was excessive to the extent indicated herein. Hopkins, J. P., Martuscello, Rabin and Hawkins, JJ., concur.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.703 What must I do to keep wells under control? You must take the necessary precautions to keep wells under control at all times, including: ( a ) Use recognized engineering practices to reduce risks to the lowest level practicable when monitoring and evaluating well conditions and to minimize the potential for the well to flow or kick;
( b ) Have a person onsite during operations who represents your interests and can fulfill your responsibilities;
( c ) Ensure that the toolpusher, operator's representative, or a member of the rig crew maintains continuous surveillance on the rig floor from the beginning of operations until the well is completed or abandoned, unless you have secured the well with blowout preventers (BOPs), bridge plugs, cement plugs, or packers;
( d ) Use personnel trained according to the provisions of subparts O and S of this part;
( e ) Use and maintain equipment and materials necessary to ensure the safety and protection of personnel, equipment, natural resources, and the environment; and
( f ) Use equipment that has been designed, tested, and rated for the maximum environmental and operational conditions to which it may be exposed while in service.
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#### In re NEKARDA.

(Supreme Court, Appellate Division, First Department.

February 24, 1905.)

In the matter of Francis J. Nekarda. No opinion. Motion- for order to show cause granted.
#### § 57.14204 Machinery lubrication.

Machinery or equipment shall not be lubricated manually while it is in motion where application of the lubricant may expose persons to injury.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-1365

MODESTO SANTIAGO ALLASI,

Petitioner,

versus

JOHN ASHCROFT, Attorney General,

Respondent.

On Petition for Review of an Order of the Board of Immigration

Appeals. (A72-194-363)

Submitted: November 19, 2003 Decided: December 16, 2003

Before LUTTIG, WILLIAMS, and TRAXLER, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Antoinette J. Rizzi, LAW OFFICES OF ANTOINETTE J. RIZZI, Falls

Church, Virginia, for Petitioner. Peter D. Kiesler, Assistant

Attorney General, David V. Bernal, Assistant Director, Ernesto H.

Molina, Jr., Office of Immigration Litigation, UNITED STATES

DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* We note that 8 U.S.C. § 1105a(a)(4) was repealed by the

Illegal Immigration Reform and Immigrant Responsibility Act of 1996

(IIRIRA) effective April 1, 1997. Because this case was in

transition at the time the IIRIRA was passed, 8 U.S.C.

§ 1105a(a)(4) is still applicable here under the terms of the

transitional rules contained in § 309(c) of the IIRIRA.

2

PER CURIAM:

Modesto Santiago Allasi, a native and citizen of Peru,

petitions for review of an order of the Board of Immigration

Appeals denying his application for adjustment of status. We have

reviewed the administrative record and the Board’s order and

conclude that substantial evidence supports the Board’s finding

that Allasi is statutorily ineligible for the relief sought. See 8

U.S.C. § 1105a(a)(4) (1994);* Matter of Namio, 14 I. & N. Dec. 412,

414 (BIA 1973).

We accordingly deny the petition for review. 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.

PETITION DENIED
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED OCTOBER 26, 2022

NO. 03-22-00327-CV

J. G., Appellant

v.

Texas Department of Family and Protective Services, Appellee

APPEAL FROM THE 250TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES GOODWIN, BAKER, AND KELLY

AFFIRMED -- OPINION BY JUSTICE BAKER

This is an appeal from the decree terminating parental rights signed by the trial court on May 17, 

2022. Having reviewed the record and the parties’ arguments, the Court holds that there was no

reversible error in the decree. Therefore, the Court affirms the trial court’s termination decree.

Because appellant is indigent and unable to pay costs, no adjudication of costs is made.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.174 When may the Regional Supervisor grant or direct an SOP? The Regional Supervisor may grant or direct an SOP when the suspension is in the National interest, and it is necessary because the suspension will meet one of the following criteria: ( a ) It will allow you to properly develop a lease, including time to construct and install production facilities;
( b ) It will allow you time to obtain adequate transportation facilities;
( c ) It will allow you time to enter a sales contract for oil, gas, or sulphur. You must show that you are making an effort to enter into the contract(s); or
( d ) It will avoid continued operations that would result in premature abandonment of a producing well(s).
### §2157. Transition regulations

#### (a) Regulations

The Director shall prescribe regulations providing for the transition from the Central Intelligence Agency Retirement and Disability System to the Federal Employees' Retirement System provided in chapter 84 of title 5 in a manner consistent with sections 301 through 304 of the Federal Employees' Retirement System Act of 1986.

#### (b) Congressional review

The Director shall submit regulations prescribed under subsection (a) to the congressional intelligence committees before they take effect.

(Pub. L. 88–643, title III, §307, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3251.)

#### **Editorial Notes**

#### References in Text

Sections 301 through 304 of the Federal Employees' Retirement System Act of 1986, referred to in subsec. (a), are sections 301 to 304 of Pub. L. 99–335, which amended section 3121 of Title 26, Internal Revenue Code, and section 410 of Title 42, The Public Health and Welfare, and enacted provisions set out as a note under section 8331 of Title 5, Government Organization and Employees.

#### Prior Provisions

A prior section 307 of Pub. L. 88–643, as added Pub. L. 99–335, title V, §506, June 6, 1986, 100 Stat. 628, related to transition provisions and regulations and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

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

#### Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
#### § 57.6900 Damaged or deteriorated explosive material.

Damaged or deteriorated explosive material shall be disposed of in a safe manner in accordance with the instructions of the manufacturer.
Editorial Note on Part 700
Editorial Note: At 82 FR 54924, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 700 made effective on Jan. 19, 2017, at 81 FR 93319, Dec. 20, 2016.

§ 700.15 Computation of time. ( a ) Except as otherwise provided, computation of time under this chapter is based on calendar days.
( b ) In computing any period of prescribed time, the day on which the designated period of time begins is not included. The last day of the period is included unless it is a Saturday, Sunday, or legal holiday on which the regulatory authority is not open for business, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.
( c ) Intermediate Saturdays, Sundays, and legal holidays are excluded from the computation when the period of prescribed time is 7 days or less.
#### PEOPLE ex rel. MOTT, Appellant, v. DOOLEY et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

March 3, 1905.)

Proceedings by the people of the state of New York, on the relation of Oscar D. Mott, against Matthew E. Dooley, as register, etc., and others. No opinion. Interlocutory judgment affirmed on argument, without costs.
#### § 57.19122 Replacement parts.

Parts used to repair hoists shall have properties that will ensure the proper and safe function of the hoist.
#### In the Matter of the Accounting of Julia Stratton as Ancillary Coadministratrix C. T. A. of the Estate of Wilhelmine P. Meier, Deceased. Julia Stratton, Appellant; Ludwig Meier et al., Respondents.

Motion to dispense with printing denied. Motion to dismiss appeal denied.
### **CHAPTER 105—JURISDICTION**

Sec.
10501.
General jurisdiction.
10502.
Authority to exempt rail carrier transportation.
METAL/NONMETAL

Serious Accident

Surface Sand and Gravel – A miner was ripping and pushing material with a dozer

when he lost control of the dozer. The dozer fell from the bench he was working to the 

bench below and came to a sudden stop blade first. The miner was wearing his

seatbelt, but was thrown forward into the controls.

Best Practices

• Wear your seatbelt

• Maintain control of mobile equipment

• Remain cognizant of your position on a bench/stockpile/waste pile

• Eliminate distractions while operating equipment. Stop if you need to, eliminate 

the distraction and then continue your work.

• Ensure that objects inside of the cab are secured so they don’t become airborne 

during an accident.
#### § 56.14212 Chains, ropes, and drive belts.

Chains, ropes, and drive belts shall be guided mechanically onto moving pulleys, sprockets, or drums except where equipment is designed specifically for hand feeding.
* Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 96-60300

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CLAUDE H. ANDREWS,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Mississippi

USDC No. 1:95-CV-164-GR

- - - - - - - - - -

February 6, 1997

Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Claude H. Andrews (#02767-043) appeals the denial of his

motion under 28 U.S.C. § 2255. Andrews contends that his

attorney rendered ineffective assistance in failing to conduct an

adequate investigation and in failing to call certain witnesses

in his case in chief and on rebuttal. We have carefully reviewed

the record and the arguments of the parties and hold that Andrews

has failed to show that his attorney’s representation was
No. 96-60300

- 2 -

professionally unreasonable and that he was prejudiced. See

Alexander v. McCotter, 775 F.2d 595, 602 (5th Cir. 1985). 

Andrews contended in the district court that his attorney

rendered ineffective assistance in failing to object to

prejudicial comments by the prosecutor. Andrews has waived this

issue by failing to brief it on appeal. See Brinkmann v. Dallas

County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987). 

Andrews argues in his reply brief that the district court

erred in failing to hold an evidentiary hearing. This court does

not consider issues raised for the first time in a reply brief. 

See United States v. Prince, 868 F.2d 1379, 1386 (5th Cir.),

cert. denied, 493 U.S. 932 (1989). 

The district court’s judgment is AFFIRMED.
#### JACKSON v. JACKSON.

(Supreme Court, Appellate Division, First Department.

February 17, 1905.)

Action by Mary F. 'Jackson against William H. Jackson. No opinion. Motion denied, with $10 costs.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited financial statements dated March 31, 1998 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       2,492,000<F1>
<SECURITIES>                                 2,018,000
<RECEIVABLES>                               19,907,000
<ALLOWANCES>                                 1,126,000
<INVENTORY>                                 25,156,000
<CURRENT-ASSETS>                            57,231,000
<PP&E>                                      21,877,000
<DEPRECIATION>                              13,013,000
<TOTAL-ASSETS>                              84,849,000
<CURRENT-LIABILITIES>                       50,590,000
<BONDS>                                      3,598,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        48,000
<OTHER-SE>                                   9,732,000
<TOTAL-LIABILITY-AND-EQUITY>                 9,732,000
<SALES>                                     18,160,000
<TOTAL-REVENUES>                            18,160,000
<CGS>                                       14,913,000
<TOTAL-COSTS>                                3,461,000
<OTHER-EXPENSES>                              (65,000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             595,000
<INCOME-PRETAX>                              (628,000)
<INCOME-TAX>                                   189,000
<INCOME-CONTINUING>                          (818,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,290,000)
<EPS-PRIMARY>                                   (0.26)
<EPS-DILUTED>                                   (0.26)
<FN>
<F1>Dollar amounts are based on conversion rate of 1,823 Lire to the Dollar which
prevailed on March 31, 1998.
</FN>
        

</TABLE>
#### Samuel A. Stornelli, Appellant, v. State of New York, Respondent.

. Motion granted to extent appeal may be prosecuted upon one copy of stenographer’s minutes, an original and five typewritten copies of the judgment roll *626and five typewritten briefs, on condition records and briefs are filed on or before July 15, 1960.
<PAGE>   1

 EXHIBIT 11 - COMPUTATION OF NET EARNINGS PER COMMON SHARE

<TABLE>
<CAPTION>

                                                        Years Ended August 31,
                                                  1996        1995        1994
                                                 -------    --------    --------
                                                 (Amounts in thousands, except 
                                                 per share data)

<S>                                              <C>        <C>         <C>
Primary
  Average shares outstanding                      11,296     10,029      8,392
  Net effect of dilutive stock
    options and unearned stock
    awards based on the
    treasury stock method
    using average market price                        13        282        317
                                                 -------    -------    -------
   Total                                          11,309     10,311      8,709
                                                 =======    =======    =======


   Net income                                    $ 7,606    $   923    $10,380
                                                 =======    =======    =======

   Per share data:
   Net income                                    $  0.67    $  0.09    $  1.19
                                                 =======    =======    =======


Fully diluted
  Average shares outstanding                      11,296     10,029     8,392
  Net effect of dilutive stock
    options and unearned stock
    awards based on the
    treasury stock method
    using average market price
    or closing price if higher                        13        296       358
  Net effect of dilutive convertible
    debentures--based on the stated
    conversion price of $14 per share                           635     1,826
                                                 -------    -------   -------
   Total                                          11,309     10,960    10,576
                                                 =======    =======   =======


   Net income                                    $ 7,606    $   923   $10,380
   Convertible bond interest, net of
     income tax effect                                          405     1,210
                                                 -------    -------   -------
   Net income                                    $ 7,606    $ 1,328   $11,590
                                                 =======    =======   =======

   Per share data:
   Net income                                    $  0.67    $  0.12   $  1.10
                                                 =======    =======   =======

</TABLE>








                                   EXHIBIT 11


                                       86
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
PURSUANT TO RULE 13A-13(C)(2), THE COMPANY HAS OMITTED FINANCIAL STATEMENTS FROM
ITS FORM 10-QSB FOR THE SIX MONTHS  ENDING JUNE 30,  1998.  SINCE THE  FINANCIAL
STATEMENTS  HAVE BEEN  OMITTED,  THIS  FINANCIAL  DATA SCHEDULE  CONTAINS  ZEROS
INSTEAD OF THE APPROPRIATE  NUMBERS, AND SHOULD NOT BE INTERPRETED AS THE ACTUAL
FINANCIAL POSITION OF THE COMPANY.
</LEGEND>
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   JUN-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
§ 57.22306 Methane monitors (I-A mines). ( a ) Methane monitors shall be installed on continuous mining machines, longwall mining systems, and on loading and haulage equipment used in or beyond the last open crosscut.
( b ) The monitors shall— ( 1 ) Give warning at 1.0 percent methane;
( 2 ) Automatically deenergize electrical equipment, except power to monitoring equipment determined by MSHA to be intrinsically safe under 30 CFR part 18, and prevent starting such equipment when methane levels reach 1.5 percent. Diesel equipment shall be shut off or immediately removed from the affected area; and
( 3 ) Automatically deenergize electrical equipment when power to a sensor is interrupted. Diesel equipment shall not be operated if the monitor is inoperative.
( c ) Sensing units of monitors shall be positioned at a location which provides for the most effective measurement of methane.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         120,159
<SECURITIES>                                         0
<RECEIVABLES>                                  327,599
<ALLOWANCES>                                  (15,506)
<INVENTORY>                                      8,189
<CURRENT-ASSETS>                               491,786
<PP&E>                                       1,109,779
<DEPRECIATION>                               (744,575)
<TOTAL-ASSETS>                                 923,291
<CURRENT-LIABILITIES>                          384,063
<BONDS>                                         15,100
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        77,647
<OTHER-SE>                                     196,536
<TOTAL-LIABILITY-AND-EQUITY>                   923,291
<SALES>                                              0
<TOTAL-REVENUES>                               558,208
<CGS>                                                0
<TOTAL-COSTS>                                  545,016
<OTHER-EXPENSES>                                   573
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,032
<INCOME-PRETAX>                                 12,619
<INCOME-TAX>                                     5,868
<INCOME-CONTINUING>                              6,751
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,751
<EPS-PRIMARY>                                      .30
<EPS-DILUTED>                                      .30
        

</TABLE>