alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §5729. Transportation expenses; prior return of family

(a) Under regulations prescribed under section 5738 of this title, an agency shall pay from its appropriations, not more than once before the return to the United States of an employee whose post of duty is outside the continental United States, the expenses of transporting his immediate family and of shipping his household goods and personal effects from his post of duty to his actual place of residence when—

(1) he has acquired eligibility for that transportation; or

(2) the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, such as may involve physical or mental health, death of a member of the immediate family, or obligation imposed by authority or circumstances over which the individual has no control.

(b) Under regulations prescribed under section 5738 of this title, an agency shall reimburse from its appropriations an employee whose post of duty is outside the continental United States for the proper transportation expenses of returning his immediate family and his household goods and personal effects to the United States, when—

(1) their return was made at the expense of the employee before his return and for other than reasons of public interest; and

(2) he acquires eligibility for those transportation expenses.

(c) This section does not apply to appropriations for the Foreign Service of the United States.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 505; Pub. L. 104–201, div. A, title XVII, §1723(b)(1), Sept. 23, 1996, 110 Stat. 2759; Pub. L. 105–264, §6(9), Oct. 19, 1998, 112 Stat. 2356.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 73b–3(a) (5th and 6th provisos). | Aug. 31, 1954, ch. 1155 (less 1st proviso), 68 Stat. 1008. |

Statutes at Large

The first 14 words of subsections (a) and (b), and subsection (c), are added on authority of former section 73b–3(a) (less 3d–6th provisos), which is carried into section 5722. The words "household effects" and "household goods" in the 5th and 6th provisos of former section 73b–3(a) are changed to "household goods and personal effects" for clarity and consistency in the use of the words elsewhere in this subchapter.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

1998—Subsecs. (a), (b). Pub. L. 105–264 struck out "or its territories or possessions" after "to the United States".

1996—Subsecs. (a), (b). Pub. L. 104–201 substituted "Under regulations prescribed under section 5738 of this title" for "Under such regulations as the President may prescribe".

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

#### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective 180 days after Sept. 23, 1996, see section 1725(a) of Pub. L. 104–201, set out as a note under section 5722 of this title.
#### § 1909.9 Action by the ARP.

The ARP shall meet on a regular schedule and may take action when a simple majority of the total membership is present. A recommendation to the Senior Agency Official concerning whether or not to grant requests for access to classified CIA information by former Presidents or Vice Presidents, by former Presidential or Vice Presidential appointees or designees, or by historical researchers shall be made by a majority vote of the members present.
Exhibit
10.12


Loan
Agreement (Short-Term)


Contract
No. 0140 (2008)


Borrower:
Dalian Chuming Food Co. Ltd.


Business
License No. : DICE No.2102002111023


Legal
Representative: Fengqin Ma


Address:
Quanshui Village, S Guanling Town, Ganjingzi District, Dalian
116031


Account
Info: Bank of China, Liaoning Branch


Account
#:


Tel:
86716585 Fax: 86716686


Lender:
Bank of China, Liaoning Branch


Legal
Representative/Officer: Jianhong Wang


Address:
9 Zhongshan Square, Dalian


Tel:
82586901 Fax: 82586779


The
interest shall be paid quarterly. The 20thday of the last month of a
quarter is the expiry date of interest and the 21stday is the payment
date.





1. Amount
of loan: 14,000,000 RMB


2. Term
of loan: 11 months


3. Use of
loan: revolving fund


4.
Interest:


(a) Fixed
interest rate: 7.326% (annual)


(b)
Interest=loan x number of days x daily interest rate


(c) Daily
interest rate=annual interest rate/360


5.
Interest payment date:


6. The
borrower shall receive all the loan within 30 days after 11/18/2008


7.
Penalty


(a)
Penalty of overdue repayment: agreed interest rate + 50%


(b)
Penalty of other usage: agreed interest rate + 100%


8. Date
of repayment: 10/17/2009


9. Amount
of repayment: 14,000,000 RMB


10.
Guaranty agreements:


(a)
Mortgage contracts entered by the borrower and Dalian Chuming Group Co. Ltd.
(“guarantor”)


i.
Contract No. 024 (2005)


ii.
Contract No. 025 (2005)


iii.
Contract No. 044 (2006)


iv.
Contract No. 017 (2007)


v.
Contract No. 023 (2007)


(b)
Mortgage contract entered by the borrower and Dalian Mingxing Livestock Co. Ltd.
(“guarantor”)----Contract No. 018 (2007)


(c)
Mortgage contract entered by the borrower and Fengqin Ma and the co-owner of her
property (“guarantor”)----Contract No. 037 (2007)


(d)
Mortgage contract entered by the borrower and Huashan Shi and the co-owner of
his property (“guarantor”)----Contract No. 038 (2007)


11.
Signing date: 11/18/2008
§ 196.510 Recruitment. ( a ) *Nondiscriminatory recruitment and hiring.* A recipient shall not discriminate on the basis of sex in the recruitment and hiring of employees. Where a recipient has been found to be presently discriminating on the basis of sex in the recruitment or hiring of employees, or has been found to have so discriminated in the past, the recipient shall recruit members of the sex so discriminated against so as to overcome the effects of such past or present discrimination.
( b ) *Recruitment patterns.* A recipient shall not recruit primarily or exclusively at entities that furnish as applicants only or predominantly members of one sex if such actions have the effect of discriminating on the basis of sex in violation of §§ 196.500 through 196.550.
EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (File No. 333-51200, 333-85321, 33-21092, 33-41509,
33-41515, 33-50510, 33-80838 and 33-39091) of CyberOptics Corporation or our
report dated February 2, 2001 on our audit of the consolidated financial
statements of CyberOptics Corporation as of December 31, 2000 and 1999 and for
each of the three years in the period ended December 31, 2000 which report is
included in this Annual Report on Form 10-K. We also consent to the
incorporation by reference of our report dated February 2, 2001 relating to the
financial statement schedule, which appears in this Form 10-K.

                                       PricewaterhouseCoopers LLP
Minneapolis, Minnesota
March 29, 2001
My name is Kim Tyrrell and I am the Air Quality Programs Manager for the American Lung Association in 

Colorado. 

I am also the mother of a child with asthma, so I can speak first-hand to the impacts of pollution on 

health. 

Nothing is more dreadful than watching your child's body go completely limp because they are not 

getting enough oxygen. The trips to the emergency room where we watch helplessly as his little body is 

pumped full of drugs. The sleepless nights spent monitoring him to make sure he can breathe or being 

afraid every time I send him to school or summer camp that he'll get sick and his symptoms will worsen. 

I check the air quality index daily, especially in the summer to know what we are up against. I have also 

watched my father, who grew up in Beaumont Texas surrounded by oil refineries; have to be put on 

oxygen 24/7. He never smoked and is an active and very healthy man, so this has been especially hard 

on him and on our family. 

In my role as the Air Quality Programs manager at the American Lung Association in Colorado, I spend a 

lot of time working in schools helping parents, teachers and students understand the impact of personal 

actions on both the environment and their health. I have parents who are nearly in tears when they 

come to understand what is in the exhaust from our vehicles and what pollutants are being spewed into 

the air by power plants and industry. Many of them also have children with asthma or know a child with 

asthma and know how devastating and frightening it can be. It's especially frustrating when they know 

that there are things that could be done to help reduce pollution, but aren't being done. 

If you have ever been in the vicinity of a coal-fired power plant you have seen and likely smelled the 

pollutants coming from the smokestack. Political dogma aside, doesn't common sense tell you that 

what's coming out of those smokestacks can't be good for us? Carbon dioxide is the primary 

greenhouse gas pollutant and it is a well known scientific fact that Carbon dioxide traps heat. Warmer 

temperatures increase levels of ground-level ozone, which exacerbate a myriad of lung issues. When 

inhaled, ozone literally burns lung tissue. 

The EPA's Clean Power Plant Plan is a common sense solution that will help move our nation away from 

high polluting electricity generation and will allow Colorado to take advantage of its abundant sources of 

renewable energy like wind and solar. This creates jobs as industry, R &D facilities and entrepreneurs 

come together to develop and implement newer, cleaner technologies. 

I want my son to grow up in a country that values the health and well being of it citizens above the 

interests of industry. I want him to grow up being able to run, hike and bike and not have to worry about 

the air he is breathing and that's why I urge you to support the EPA's Clean Power Plan. 

Thank you 

Kim Tyrrell 

(303) 389-6758 

KTyrrell@lungs.org
| (1)   | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and |
|-----------------|---------------------------------------------------------------------------------------------------------------------------|

| (2)   | The information contained in the Report fairly presents, in all material aspects, the financial condition and results of operations of HickoryTech. |
|-----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  March 1, 2011 | /s/ David A. Christensen                          |
|--------------------------------|---------------------------------------------------|
|                           | David A. Christensen                              |
|                           | Senior Vice President and Chief Financial Officer |

----
## The Alabama Court of Civil Appeals

NATHAN P. WILSON 300 DEXTER AVENUE LYNN DEVAUGHN

CLERK MONTGOMERY, ALABAMA 36104

- 3741 ASSISTANT CLERK

TELEPHONE 334

- 229

- 0733

May 31, 2024

CL

- 2023

- 0586

A.L. v. Baldwin County Department of Human Resources (Appeal from

Baldwin Juvenile Court: JU

- 19

- 775.02).

ORDER

You are hereby notified that the following action was taken in the

above cause by the Court of Civil Appeals:

Application for Rehearing Overruled. No opinion written on

rehearing.

Moore, P.J., and Edwards, Hanson, Fridy, and Lewis, JJ., concur.

Nathan P. Wilson, Clerk
#### § 947.778 Permit applications—minimum requirements for legal, financial, compliance, and related information.

Part 778 of this chapter, *Permit Applications—Minimum Requirements for Legal, Financial, Compliance, and Related Information,* shall apply to any person who applies for a permit to conduct surface coal mining and reclamation operations.

[52 FR 13817, Apr. 24, 1987]
### §4121. Specific training programs

In consultation with the Office of Personnel Management, the head of each agency shall establish—

(1) a comprehensive management succession program to provide training to employees to develop managers for the agency; and

(2) a program to provide training to managers on actions, options, and strategies a manager may use in—

(A) relating to employees with unacceptable performance;

(B) mentoring employees and improving employee performance and productivity; and

(C) conducting employee performance appraisals.

(Added Pub. L. 108–411, title II, §201(b)(1), Oct. 30, 2004, 118 Stat. 2311.)
### §3954. Settlement of stayed cases relating to personal property

#### (a) Appraisal of property

When a stay is granted pursuant to this chapter in a proceeding to foreclose a mortgage on or to repossess personal property, or to rescind or terminate a contract for the purchase of personal property, the court may appoint three disinterested parties to appraise the property.

#### (b) Equity payment

Based on the appraisal, and if undue hardship to the servicemember's dependents will not result, the court may order that the amount of the servicemember's equity in the property be paid to the servicemember, or the servicemember's dependents, as a condition of foreclosing the mortgage, repossessing the property, or rescinding or terminating the contract.

(Oct. 17, 1940, ch. 888, title III, §304, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2848.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 534 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 304 of act Oct. 17, 1940, ch. 888, art. III, as added Oct. 6, 1942, ch. 581, §12, 56 Stat. 772; amended Pub. L. 102–12, §9(9), Mar. 18, 1991, 105 Stat. 40, related to termination of leases by lessees, prior to the general amendment of this Act by Pub. L. 108–189. See section 3955 of this title.

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

#### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
#### § 941.816 Performance standards—surface mining activities.

Part 816 of this chapter, *Permanent Program Performance Standards—Surface Mining Activities,* shall apply to any person who conducts surface coal mining and reclamation operations.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

KEVIN LEE DAVIS, AKA Slow, AKA

Yellow Dude,

 Defendant - Appellant.

No. 12-16575

D.C. Nos. 4:05-cv-03756-DLJ

4:98-cr-40082-DLJ-3

MEMORANDUM* AND ORDER

Appeal from the United States District Court

for the Northern District of California

D. Lowell Jensen, Senior District Judge, Presiding

Argued and Submitted June 11, 2014 

San Francisco, California

Before: SCHROEDER, GRABER, and BYBEE, Circuit Judges.

Kevin Davis appeals the district court’s denial of his motion for postconviction relief pursuant to 28 U.S.C. § 2255. The sole issue on appeal is whether

the admission of the statement of Sandy Medina was harmless error. Davis’s trial

FILED

JUN 25 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.
took place before the Supreme Court’s decision in Crawford v. Washington, 541

U.S. 36 (2004). Medina’s arrest precipitated Davis’s prosecution, and her refusal

to testify was unexpected. Her statement to police was read to the jury toward the

end of the prosecution’s case, and the prosecutor did refer to it repeatedly during

closing and rebuttal. The applicable harmless error standard is whether the error

had a substantial and injurious effect or influence in determining the jury’s verdict. 

Brecht v. Abrahamson, 507 U.S. 619, 637–38 (1993); United States v. Montalvo,

331 F.3d 1052, 1058 (9th Cir. 2003) (per curiam). 

We have said that the factors we apply in determining whether a

Confrontation Clause violation satisfies that standard are: the importance of the

testimony in the government’s case; whether the testimony was cumulative; the

presence or absence of evidence corroborating or contradicting the testimony; the

extent of cross-examination permitted; and the overall strength of the

government’s case. Whelchel v. Washington, 232 F.3d 1197, 1206 (9th Cir. 2000)

(citing Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986)). 

Here, the evidence against Davis was overwhelming. It included pager

codes, recorded telephone conversations, expert testimony, co-conspirator

testimony, surveillance, and physical evidence. While it was convenient for the

government to place some emphasis on Medina’s statement when it appeared that

2
it was properly admissible, the statement added little to the government’s case. It

merely provided concise corroboration for what the government had proved over

the course of the two-month trial. 

Davis has also moved to strike Volume VI of the government’s excerpts of

record. Volume VI consists of the transcripts of intercepted phone calls between

Davis and his co-conspirators. Davis points out that only the tapes themselves, not

the transcripts, were admitted into evidence. The transcripts were part of the

record on direct appeal, and Davis has never contended that there was any

inaccuracy. The motion to strike is therefore denied. 

The judgment of the district court is AFFIRMED, and Davis’s motion to

strike is DENIED. 

3
## In the Court of Appeals Second Appellate District of Texas at Fort Worth

No. 02

- 19

- 00102

- CV

S ISTER I NITIATIVE , LLC ; D AVID B AGWELL ; AND S USAN B AGWELL , Appellants

V

.

B ROUGHTON M AINTENANCE A SSOCIATION , I NC

. ; O LD G ROVE M AINTENANCE A SSOCIATION , I NC

. ; AND W HITTIER H EIGHT S M AINTENANCE A SSOCIATION , I NC

. , Appellees §

§

§

§ On Appeal from the 96th District Court

of Tarrant County (096

- 256351

- 11)

February 13, 2020

Opinion by Justice Bassel

JUDGMENT

This court has considered the record on appeal in this case and ho ld s that there

was no error in the trial court’s judgment. It is ordered that the judgment of the trial

court is affirmed.

It is further ordered that Sister Initiative, LLC, David Bagwell, and Susan

Bagwell shall pay all of the costs of this appeal, for w hich let execution issue.

SECOND DISTRICT COURT OF APPEALS

By /s/ Dabney Bassel Justice Dabney Bassel
§ 70.205 Approved sampling devices; operation; air flowrate. Cross Reference
Link to an amendment published at 89 FR 28474 , Apr. 18, 2024.
The following is required until April 14, 2025: ( a ) Approved sampling devices shall be operated at the flowrate of 2.0 L/min if using a CMDPSU; at 2.2 L/min if using a CPDM; or at a different flowrate recommended by the manufacturer.
( b ) If using a CMDPSU, each approved sampling device shall be examined each shift by a person certified in sampling during: ( 1 ) The second hour after being put into operation to assure it is in the proper location, operating properly, and at the proper flowrate. If the proper flowrate is not maintained, necessary adjustments shall be made by the certified person. This examination is not required if the sampling device is being operated in an anthracite coal mine using the full box, open breast, or slant breast mining method.
( 2 ) The last hour of operation to assure that the sampling device is operating properly and at the proper flowrate. If the proper flowrate is not maintained, the respirable dust sample shall be transmitted to MSHA with a notation by the certified person on the back of the dust data card stating that the proper flowrate was not maintained. Other events occurring during the collection of respirable dust samples that may affect the validity of the sample, such as dropping of the sampling head assembly onto the mine floor, shall be noted on the back of the dust data card.
( c ) If using a CPDM, the person certified in sampling shall monitor the dust concentrations and the sampling status conditions being reported by the sampling device at mid-shift or more frequently as specified in the approved mine ventilation plan to assure: The sampling device is in the proper location and operating properly; and the work environment of the occupation or DA being sampled remains in compliance with the applicable standard at the end of the shift. This monitoring is not required if the sampling device is being operated in an anthracite coal mine using the full box, open breast, or slant breast mining method.
[79 FR 24974, May 1, 2014, as amended at 89 FR 28473, Apr. 18, 2024]
### §7903. Protective clothing and equipment

Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. For the purpose of this section, "appropriations" includes funds made available by statute under section 9104 of title 31.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 531; Pub. L. 97–258, §3(a)(16), Sept. 13, 1982, 96 Stat. 1063.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 118g. | Aug. 2, 1946, ch. 744, §13, 60 Stat. 809. |

Statutes at Large

The definition of the word "appropriations" is added on authority of section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

#### **Editorial Notes**

#### Amendments

1982—Pub. L. 97–258 substituted "section 9104" for "section 849".