alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-7637

RUSS L. BROWN, JR.,

Plaintiff - Appellant,

versus

ALFRED CRAMER, Doctor; VIRGINIA SMITH, Nurse;

CAROLYN GILMORE, Nurse; EARL ISAAC, Major;

JAMES SHIFFLETT, Corporal; OFFICER RORRER,

Defendants - Appellees,

and

ROBERT RUTKOWSKI, Doctor; BENJAMIN ALLEN,

Doctor; LOUISE MALONE, (PT),

Defendants.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District

Judge. (CA-95-1193-R)

Submitted: August 28, 1997 Decided: September 9, 1997

Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.
2

Russ L. Brown, Jr., Appellant Pro Se. Gene Rodney Young, II,

WHARTON, ALDHIZER & WEAVER, Harrisonburg, Virginia; Jill Theresa

Bowers, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,

Virginia, for Appellees.

.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals the district court's order denying relief on

his 42 U.S.C. § 1983 (1994) complaint. We have reviewed the record

and the district court's opinion and find no reversible error.

Accordingly, we affirm on the reasoning of the district court.

Brown v. Rutkowski, No. CA-95-1193-R (W.D. Va. Sept. 30, 1996). 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.

AFFIRMED
§ 74.14 Certificate of approval. ( a ) Upon completion of the testing of a CMDPSU or the pump unit or after review of testing protocols and testing results for the CPDM, NIOSH or MSHA, as appropriate, shall issue to the applicant either a certificate of approval or a written notice of disapproval. NIOSH will not issue a certificate of approval unless MSHA has first issued a certificate of approval for either the pump unit of a CMDPSU or for the CPDM. If a certificate of approval is issued, no test data or detailed results of tests will accompany such approval. If a notice of disapproval is issued, it will be accompanied by details of the defects, resulting in disapproval, with a view to possible correction.
( b ) A certificate of approval will be accompanied by a list of the drawings and specifications covering the details of design and construction of the CMDPSU and the pump unit, or of the CPDM, as appropriate, upon which the certificate of approval is based. The applicant shall keep exact duplicates of the drawings and specifications submitted to NIOSH and to MSHA relating to the CMDPSU, the pump unit thereof, or the CPDM, which has received a certificate of approval. The approved drawings and specifications shall be adhered to exactly in the production of the certified CMDPSU, including the pump unit or of the CPDM, for commercial purposes. In addition, the applicant shall observe such procedures for, and keep such records of, the control of component parts as either MSHA or NIOSH may in writing require as a condition of approval.
#### MARJULIES v. GOLDSTEIN et al.

(Supreme Court, Appellate Term.

November 6, 1903.)

1. Case on Appeal—Resettlement—Review.

Where the papers on which the court acted in denying a motion for resettlement of the case on appeal present no dispute as to the condition of the record, showing, as claimed, the matters desired to be inserted, and it does not appear the denial was based on the justice’s recollection of the facts at the trial, the order will be reversed, the matters appearing material.

Appeal from City Court of New York, Special Term.

Action by Moses Marjulies against Max Goldstein and others. From an order denying a motion for resettlement of the case on appeal, plaintiff appeals. Reversed.

Argued before FREEDMAN, P. J., and BISCHOFF and BLANCHARD, JJ.

J. Wulkenfeld, for appellant.

Steuer, Hoffman & Wahle, for respondents.

PER CURIAM.

The papers upon which the court acted when denying the motion for resettlement, as recited in the order, present no dispute of fact as to the condition of the record, and it thus appears that the admission as to the date of service of the answer was made as claimed at the trial, and that the statements of counsel to the jury deemed to be prejudicial were actually made. In the absence of any suggestion that the denial was.based upon the justice’s recollection of the facts at the trial, the matter may be reviewed upon the papers before him (Zimmer v. R. R. Co., 28 App. Div. 504, 51 N. Y. Supp. 247); and the materiality of the matter stricken out, for the purposes of an appeal, is sufficiently shown to justify the motion for resettlement. The cases referred to by the respondent had to do with a dispute of fact as to the record before the justice, or with a failure to present, on appeal from the order, the papers upon which he acted.

Order reversed, with $10 costs and disbursements, and motion granted, with $10 costs. All concur.
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Page 84019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28445]


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POSTAL SERVICE


Product Change--Priority Mail Express Negotiated Service 
Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of required notice: December 23, 2020.

FOR FURTHER INFORMATION CONTACT: Sean Robinson, 202-268-8405.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
December 9, 2020, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express Contract 86 to Competitive Product 
List. Documents are available at www.prc.gov, Docket Nos. MC2021-43, 
CP2021-44.

Sean Robinson,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2020-28445 Filed 12-22-20; 8:45 am]
BILLING CODE 7710-12-P
### §308702. Definitions

In this chapter:

(1) National trust.—The term "National Trust" means the National Trust for Historic Preservation in the United States established under section 312102 of this title.

(2) Private nonprofit organization.—The term "private nonprofit organization" means any person that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)) and described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).

(3) Program.—The term "Program" means the National Maritime Heritage Grants Program established under section 308703(a) of this title.

(4) State historic preservation officer.—The term "State Historic Preservation Officer" means a State Historic Preservation Officer appointed pursuant to section 302301(1) of this title by the chief executive official of a State having a State Historic Preservation Program approved by the Secretary under that section.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3237.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 308702 | 16 U.S.C. 5406. | Pub. L. 103–451, §7, Nov. 2, 1994, 108 Stat. 4777. |

Section

The definition of "Committee" is omitted as obsolete.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<RESTATED> 
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          JAN-28-1999             JAN-29-1998
<PERIOD-START>                             JAN-30-1998             JAN-31-1997
<PERIOD-END>                               JAN-28-1999             JAN-29-1998
<CASH>                                          14,976                  48,552
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   68,072                  63,107
<ALLOWANCES>                                         0                       0
<INVENTORY>                                    382,248                 345,082
<CURRENT-ASSETS>                               492,528                 481,322
<PP&E>                                         817,893                 747,206
<DEPRECIATION>                                 345,995                 312,112
<TOTAL-ASSETS>                               1,025,130                 946,289
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<COMMON>                                        19,473                  19,315
<OTHER-SE>                                     619,366                 564,828
<TOTAL-LIABILITY-AND-EQUITY>                 1,025,130                 946,289
<SALES>                                      3,266,904               2,952,921
<TOTAL-REVENUES>                                     0                       0
<CGS>                                        2,397,644               2,166,744
<TOTAL-COSTS>                                3,163,846               2,857,895
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<INCOME-PRETAX>                                103,058                  95,026
<INCOME-TAX>                                    39,700                  37,300
<INCOME-CONTINUING>                             63,358                  57,726
<DISCONTINUED>                                       0                       0
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<NET-INCOME>                                    63,358                  57,726
<EPS-PRIMARY>                                     1.64                    1.50
<EPS-DILUTED>                                     1.64                    1.49
        

</TABLE>
#### Florence N. Edwards, Respondent, v. Sally J. Huntting, Appellant, et al., Defendant. Jeannette E. Rattray, Respondent, v. Sally J. Huntting, Appellant, et al., Defendant.

Motion by the executor of the defendant-appellant, Sally Jennings Huntting, who died on June 24, 1960 (11 days before this court, on July 5, 1960, made its decisions and orders reversing the interlocutory judgments and granting a new trial), for the following relief: (a) that said executor be substituted as the defendant-appellant on these appeals in place of said decedent; and (b) that said decisions and orders of this court be entered *nuna pro tune*as of a date subsequent to May 26, 1960 (when the appeals were submitted to this court) but prior to June 24, 1960 (the date of decedent’s death). Motion referred to the court which rendered the decisions. Nolan, P. J., Beldoek, Kleinfeld, Pette and Brennan, JJ., concur. Motion by the executor of the defendant-appellant, Sally Jennings Huntting, who died on June 24, 1960, that he be substituted as defendant-appellant on both appeals in place of said decedent and that the decisions and orders of this court made July 5, 1960, be entered *nune pro*tune, denied, without prejudice to an application for appropriate relief at the Special Term. Nolan, P. J., Ughetta, Pette and Brennan, JJ., concur.
```

[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Notices]
[Page 68776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27909]

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EXPORT-IMPORT BANK OF THE UNITED STATES

Economic Impact Policy

    This notice is to inform the public that the Export-Import Bank of 
the United States has received an application for a $135 million direct 
loan to support the export of approximately $103 million in U.S. 
aluminum manufacturing equipment and services to a smelter in the 
United Arab Emirates. The U.S. exports will enable the foreign buyer to 
increase its production capacity of aluminum by about 574,000 metric 
tons of aluminum per year. Available information indicates that the 
majority of this new foreign production will be sold in the following 
markets: Netherlands, Japan, United Arab Emirates, United States, South 
Korea, and Thailand. The balance of the foreign production will be sold 
to China, Cyprus, Egypt, France, Germany, Greece, Hungary, Indonesia, 
Italy, Kenya, Malaysia, Philippines, Poland, Romania, Slovakia, South 
Africa, Spain, Sri Lanka, Taiwan, Turkey, and United Kingdom. 
Interested parties may submit comments on this transaction by email to 
economic.impact@exim.gov or by mail to 811 Vermont Avenue NW., Room 
442, Washington, DC 20571, within 14 days of the date this notice 
appears in the Federal Register.

Angela Mariana Freyre,
Senior Vice President and General Counsel.
[FR Doc. 2012-27909 Filed 11-15-12; 8:45 am]
BILLING CODE 6690-01-P
```
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.

§ 75.221 Roof control plan information. ( a ) The following information shall be included in each roof control plan: ( 1 ) The name and address of the company.
( 2 ) The name, address, mine identification number and location of the mine.
( 3 ) The name and title of the company official responsible for the plan.
( 4 ) A typical columnar section of the mine strata which shall— ( i ) Show the name and the thickness of the coalbed to be mined and any persistent partings;
( ii ) Identify the type and show the thickness of each stratum up to and including the main roof above the coalbed and for distance of at least 10 feet below the coalbed; and
( iii ) Indicate the maximum cover over the area to be mined.
( 5 ) A description and drawings of the sequence of installation and spacing of supports for each method of mining used.
( 6 ) When an ATRS system is used, the maximum distance that an ATRS system is to be set beyond the last row of permanent support.
( 7 ) When tunnel liners or arches are to be used for roof support, specifications and installation procedures for the liners or arches.
( 8 ) Drawings indicating the planned width of openings, size of pillars, method of pillar recovery, and the sequence of mining pillars.
( 9 ) A list of all support materials required to be used in the roof, face and rib control system, including, if roof bolts are to be installed— ( i ) The length, diameter, grade and type of anchorage unit to be used;
( ii ) The drill hole size to be used; and
( iii ) The installed torque or tension range for tensioned roof bolts.
( 10 ) When mechanically anchored tensioned roof bolts are used, the intervals at which test holes will be drilled.
( 11 ) A description of the method of protecting persons— ( i ) From falling material at drift openings; and
( ii ) When mining approaches within 150 feet of an outcrop.
( 12 ) A description of the roof and rib support necessary for the refuge alternatives.
( b ) Each drawing submitted with a roof control plan shall contain a legend explaining all symbols used and shall specify the scale of the drawing which shall not be less than 5 feet to the inch or more than 20 feet to the inch.
( c ) All roof control plan information, including drawings, shall be submitted on 81 ⁄ 2 by 11 inch paper, or paper folded to this size.
[53 FR 2375, Jan. 27, 1988, as amended at 60 FR 33723, June 29, 1995; 73 FR 80697, Dec. 31, 2008]
§ 886.21 What must I report? ( a ) For each grant, you must annually report to us the performance and financial information that we specify.
( b ) Upon completion of each grant, you must submit to us final performance, financial, and property reports, and any other information that we specify.
( c ) When you complete each reclamation project, you must update the AML inventory.
[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Page 83981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28356]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Mental Health; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of a meeting of the Board of Scientific 
Counselors, National Institute of Mental Health. The meeting will be 
closed to the public as indicated below in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended for the review, discussion, and evaluation of 
individual grant applications conducted by the National Institute of 
Mental Health, including consideration of personnel qualifications and 
performance, and the competence of individual investigators, the 
disclosure of which would constitute a clearly unwarranted invasion of 
personal privacy.

    Name of Committee: Board of Scientific Counselors, National 
Institute of Mental Health.
    Date: January 19-22, 2021.
    Time: January 19, 2021, 3:00 p.m. to 5:40 p.m.
    Agenda: To review and evaluate personnel qualifications and 
performance, and competence of individual investigators.
    Place: Porter Neuroscience Research Center, Building 35A, 35 
Convent Drive Bethesda, MD 20892, (Virtual Meeting).
    Time: January 21, 2021, 10:00 a.m. to 6:25 p.m.
    Agenda: To review and evaluate personnel qualifications and 
performance, and competence of individual investigators.
    Place: Porter Neuroscience Research Center, Building 35A, 35 
Convent Drive Bethesda, MD 20892, (Virtual Meeting).
    Time: January 22, 2021, 10:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate personnel qualifications and 
performance, and competence of individual investigators.
    Place: Porter Neuroscience Research Center, Building 35A, 35 
Convent Drive Bethesda, MD 20892, (Virtual Meeting).
    Contact Person: Jennifer E Mehren, Ph.D., Scientific Advisor, 
Division of Intramural Research Programs, National Institute of 
Mental Health, NIH, 35A Convent Drive, Room GE 412, Bethesda, MD 
20892-3747, 301-496-3501, <a href="/cdn-cgi/l/email-protection#95f8f0fde7f0fbffd5f8f4fcf9bbfbfcfdbbf2fae3"><span class="__cf_email__" data-cfemail="6409010c16010a0e2409050d084a0a0d0c4a030b12">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program No. 93.242, Mental 
Health Research Grants, National Institutes of Health, HHS)

    Dated: December 17, 2020.
Patricia B. Hansberger,
Supervisory Program Analyst, Office of Federal Advisory Committee 
Policy.
[FR Doc. 2020-28356 Filed 12-22-20; 8:45 am]
BILLING CODE 4140-01-P


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Editorial Note on Part 816
Editorial Note: At 82 FR 54979, 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 816 made effective on Jan. 19, 2017, at 81 FR 93392, Dec. 20, 2016.

§ 816.68 Use of explosives: Records of blasting operations. The operator shall retain a record of all blasts for at least 3 years. Upon request, copies of these records shall be made available to the regulatory authority and to the public for inspection. Such records shall contain the following data: ( a ) Name of the operator conducting the blast.
( b ) Location, date, and time of the blast.
( c ) Name, signature, and certification number of the blaster conducting the blast.
( d ) Identification, direction, and distance, in feet, from the nearest blast hole to the nearest dwelling, public building, school, church, community or institutional building outside the permit area, except those described in § 816.67(e).
( e ) Weather conditions, including those which may cause possible adverse blasting effects.
( f ) Type of material blasted.
( g ) Sketches of the blast pattern including number of holes, burden, spacing, decks, and delay pattern.
( h ) Diameter and depth of holes.
( i ) Types of explosives used.
( j ) Total weight of explosives used per hole.
( k ) The maximum weight of explosives detonated in an 8-millisecond period.
( l ) Initiation system.
( m ) Type and length of stemming.
( n ) Mats or other protections used.
( o ) Seismographic and airblast records, if required, which shall include— ( 1 ) Type of instrument, sensitivity, and calibration signal or certification of annual calibration;
( 2 ) Exact location of instrument and the date, time, and distance from the blast;
( 3 ) Name of the person and firm taking the reading;
( 4 ) Name of the person and firm analyzing the seismographic record; and
( 5 ) The vibration and/or airblast level recorded.
( p ) Reasons and conditions for each unscheduled blast.
[48 FR 9809, Mar. 8, 1983, as amended at 52 FR 29181, Aug. 6, 1987; 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]
### §1003. Applicability

(a) In General.—This chapter, and any rule, order, or regulation promulgated under this chapter, shall apply to each advisory committee except to the extent that the Act establishing the advisory committee specifically provides otherwise.

(b) Exemptions Relating to Certain Federal Entities.—Nothing in this chapter shall be construed to apply to an advisory committee established or utilized by—

(1) the Central Intelligence Agency;

(2) the Federal Reserve System; or

(3) the Office of the Director of National Intelligence, if the Director of National Intelligence determines that for reasons of national security the advisory committee cannot comply with the requirements of this chapter.

(c) Exemptions Relating to Certain Local and State Entities.—Nothing in this chapter shall be construed to apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies.

(Pub. L. 117–286, §3(a), Dec. 27, 2022, 136 Stat. 4198.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1003 | 5 U.S.C. App. (FACA §4) | Pub. L. 92–463, §4, Oct. 6, 1972, 86 Stat. 771; Pub. L. 111–259, title IV, §410(a), Oct. 7, 2010, 124 Stat. 2724. |

Section