alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §203. Activity as stockyard dealer or market agency; benefits to business and welfare of stockyard; registration; penalty for failure to register

After the expiration of thirty days after the Secretary has given public notice that any stockyard is within the definition of section 202 of this title, by posting copies of such notice in the stockyard, no person shall carry on the business of a market agency or dealer at such stockyard unless (1) the stockyard owner has determined that his services will be beneficial to the business and welfare of said stockyard, its patrons, and customers, which determination shall be made on a basis which is not unreasonable or unjustly discriminatory, and has given written authorization to such person, and (2) he has registered with the Secretary, under such rules and regulations as the Secretary may prescribe, his name and address, the character of business in which he is engaged, and the kinds of stockyards services, if any, which he furnishes at such stockyard. Every other person operating as a market agency or dealer as defined in section 201 of this title may be required to register in such manner as the Secretary may prescribe. Whoever violates the provisions of this section shall be liable to a penalty of not more than $500 for each such offense and not more than $25 for each day it continues, which shall accrue to the United States and may be recovered in a civil action brought by the United States.

(Aug. 15, 1921, ch. 64, title III, §303, 42 Stat. 163; Pub. L. 85–909, §2(3), Sept. 2, 1958, 72 Stat. 1750; Pub. L. 90–446, §1(b), July 31, 1968, 82 Stat. 474.)

#### **Editorial Notes**

#### Amendments

1968—Pub. L. 90–446 designated existing provisions as cl. (2) and added cl. (1).

1958—Pub. L. 85–909 inserted "Every other person operating as a market agency or dealer as defined in section 201 of this title may be required to register in such manner as the Secretary may prescribe."
#### The People of the State of New York, Respondent, v Ukiah R. Atkins, Also Known as “K”, Appellant.

[834 NYS2d 757]-

Appeal from a judgment of the Monroe County Court (Frank P Geraci, Jr., J.), rendered September 22, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

*1231It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence *(see generally People v Bleakley,*69 NY2d 490, 495 [1987]). The evidence presented at trial established that, before the shooting, defendant, a known drug dealer, was outside the apartment building where the victim was staying. A prosecution witness testified that, when he told defendant that there were “young-uns” selling drugs in the building, defendant asked if the victim was up there and then stated that he was “going to teach them a lesson.” The witness then went inside the building and joined the victim, who was shot when she responded to a knock on the door of the apartment. The witness ran from the building and “almost collided” with defendant in an alleyway. The witness further testified that defendant was holding a black handgun. “The jury was entitled to resolve issues of credibility in favor of the People” *(People v Walek,*28 AD3d 1246, 1246 [2006], *lv denied*7 NY3d 764 [2006]), and we conclude that the jury did not fail to give the evidence the weight it should be accorded *(see generally Bleakley,*69 NY2d at 495).

We reject the further contention of defendant that he was denied effective assistance of counsel based on certain concessions made by defense counsel at trial concerning defendant’s prior uncharged bad acts. Those concessions were based upon a valid trial strategy “and thus cannot form the basis for a determination that defense counsel was ineffective” *(People v Lewis,*13 AD3d 1171, 1172 [2004], *lv denied*4 NY3d 854 [2005]). Finally, County Court properly refused to give a moral certainty charge inasmuch as there was both circumstantial and direct evidence of defendant’s guilt *(see People v Daddona,*81 NY2d 990, 992 [1993]). Present—Gorski, J.P., Lunn, Fahey, Green and Pine, JJ.
Date: February 12, 2015 Meeting: PRC / Clean Water / OMB Meeting Rule(s)Discussed: 

# D. /11o/- ( W o}l) _) /} /Of7/r5_5 Written Materials? Yes/No ) 

# J
Na m e Or ga niz a tion Ph o n e N urn b e r I

## 1~**~\{ e..**  vY\ 

# at\, \ d 1 1 r'\ 

# PPRc**3& 0-q!** **03 2**  

# IIJ RIA / b. 

## /i?_; ; Ju c r /)(; L j]__jJ}f](JE L ,i!. E.{ cutti t 

### 3 fAJ

- Cl z /
- i£; 3 7 7

# -:**Lj ~**  i I 

# ?7 I< 

# t./ } , 1 332., J/j<f I v I 

### -J ; (V") 

# A r

n**~** 

## I / l 

# PP/2 

# c 717- t/ 5 I-:; 

## z & G.

# ~~ SfVt _L- 

### )5

_**~** 

### t**M-I t--** **~** 

### Cllf

- I I

- I

-·

- 

### --

I

--

- -
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,265

EX PARTE STANLEY WAYNE KIRKPATRICK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2004-474-C2 IN THE 54 DISTRICT COURT TH

FROM MCLENNAN COUNTY

PRICE, J., filed a concurring opinion.

CONCURRING OPINION ON REHEARING

In this application for a writ of habeas corpus, the applicant originally requested relief

on July 6, 2009, based on ineffective assistance of counsel. Because the trial judge was not

fully responsive to this Court’s order on our first remand, we subsequently remanded the

application a second time in late November, only two months before the applicant’s sentence

was scheduled to discharge. After receiving the response to our second remand order, in

which the convicting court found that the applicant had not been appointed appellate counsel

until months after the deadline for filing a timely notice of appeal and found that the

applicant could be entitled to an out-of-time appeal, we now grant the applicant an out-of-
Kirkpatrick — 2

1

 If an applicant’s sentence has discharged, this Court will dismiss his application. He would

then have to file a second application, wherein he would be required to identify collateral

consequences. TEX. CODE CRIM. PROC. art. 11.07 § 3(c). 

time appeal. 

As clearly seen in this case, unnecessarily remanding writ applications has the

potential to both hamstring applicants and waste judicial resources. Presumably, had the trial

judge appointed appellate counsel in a timely manner or answered our first remand order

adequately, the applicant would not have been potentially prejudiced by being discharged

before any relief could be granted. Moreover, much of the time spent reviewing the 1

application multiple times could have been used in other judicial pursuits. I agree with the

disposition of this application. I write only to add that, in the future, I would advise

convicting courts to act promptly in discharging their duties with respect to habeas applicants

and to respond appropriately to orders issued by this Court.

Delivered: February 24, 2010

Do Not Publish
U

. S

. DEPARTMENT OF ENERGY

COMBINED PUBLIC MEETING ON :

TEST PROCEDURE NOTICE OF PROPOSED RULEMAKING (NOPR)

– GENERAL

SERVICE FLUORESCENT LAMPS, GENERAL SERVICE INCANDESCENT LAMPS,

A ND INCANDESCENT REFLECTOR LAMPS

AND

ENE RGY CONSERVATION STANDARD

FRAMEWORK

– GENERAL SERVICE FLUORESCENT LAMPS AND

INCANDESCENT REFLECTOR LAMPS

U.S. Department of Energy

1000 Independence Avenue, SW

, Washington, DC 20 585

Tuesday, October 4

, 2011 ; Room 1E

- 245

Purpose

The Department of Energy (DOE) is holding this combined public meeting to discuss and invite

comment on: 1) proposed test procedures for general service fluorescent lamps (GSFLs), general

service incandescent lamps (GSILs), and incandescent reflector lamps (IRLs) and 2) proposed

framework for GSFL and IR L energy conservation standards

.

Agenda

9:00

- 9: 30 am Welcome ; Introductions; Ov e r view; and Opening Statements

Tina Kaarsberg , PhD, DOE ; Doug Brookman , Public Solutions

9: 30

- 1 0 : 15 am NOPR Test Procedure

Maureen Kienle , Navigant

10:15

– 10:30 am Break

10:30

- 11:00 am NOPR Test Procedure contd.

Maureen Kienle, Navigant

11:00

- 11:15 a m Interested Party Statements

NEMA; EEI, others

1 1 :15

- 1 2 : 15 a m Framework Energy Conservation Standards: Overview; Scope

of Coverage ; Market & Technology; Screening Analysi s

Aisha Husain , Navigant

12 : 15 p m

- 1: 00 p m Lunch Break

1 : 0 0 p m

- 2 : 1 5 p m Engineering Analysis ; Product Price Determination; Energy

Use Aisha Husain, Navigant

2 : 15

- 2 :30 pm Break

2:30

- 4 :3 5 pm Life

- Cycle Cost & Payback Period & Shipment Analys e s;

National Impact Analysis ; NOPR Analyses; Next Steps

Aisha Husain, Navigant

4 : 35

- 5:1 0 pm Questions/Discussions; Closing Remarks

Tina Kaarsberg , PhD, DOE
#### § 989.31 Pollution prevention.

The Pollution Prevention Act of 1990, 42 U.S.C. 13101(b), established a national policy to prevent or reduce pollution at the source, whenever feasible. Pollution prevention approaches should be applied to all pollution-generating activities. The environmental document should analyze potential pollution that may result from the proposed action and alternatives and must discuss potential pollution prevention measures when such measures are feasible for incorporation into the proposal or alternatives. Where pollution cannot be prevented, the environmental analysis and proposed mitigation measures should include, wherever possible, recycling, energy recovery, treatment, and environmentally safe disposal actions (see AFI 32-7080, Pollution Prevention Program[11] ).

###### Footnotes -
  989.31

[11] See footnote 1 to § 989.1.
§ 865.2 Board responsibilities. ( a ) *Considering applications.* The Board considers all individual applications properly brought before it. In appropriate cases, it directs correction of military records to remove an error or injustice, or recommends such correction.
( b ) *Recommending action.* When an applicant alleges reprisal under the Military Whistleblowers Protection Act, 10 U.S.C. 1034, the Board may recommend to the Secretary of the Air Force that disciplinary or administrative action be taken against those responsible for the reprisal.
( c ) *Deciding cases.* The Board normally decides cases on the evidence of the record. It is not an investigative body. However, the Board may, in its discretion, hold a hearing or call for additional evidence or opinions in any case.
<PAGE>

                                                               Exhibit 13.(a)(2)

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                                  AS ENACTED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report on Form 20-F of Ricoh Company, Ltd. (the
"Company") for the period ended March 31, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Zenji Miura,
Director, Corporate Executive Vice President and Chief Financial Officer of the
Company, certify, pursuant to 18 U.S.C. (s) 1350, that:

     (1) The Report fully complies with the requirements of section 13(a) or
15(d) 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.

Date: June 29, 2007

                                  By: /s/ Zenji Miura
                                     -------------------------------------------
                                     Zenji Miura
                                     Director,
                                     Corporate Executive Vice President
                                     and Chief Financial Officer
12.303 Contract format. Solicitations and contracts for the acquisition of commercial products or commercial services prepared using this part 12 shall be assembled, to the maximum extent practicable, using the following format: ( a ) Standard Form (SF) 1449;
( b ) Continuation of any block from SF 1449, such as— ( 1 ) Block 10 if an incentive subcontracting clause is used (the contracting officer shall indicate the applicable percentage);
( 2 ) Block 18B for remittance address;
( 3 ) Block 19 for line item numbers;
( 4 ) Block 20 for schedule of supplies/services; or
( 5 ) Block 25 for accounting data;
( c ) Contract clauses— ( 1 ) 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, by reference (see SF 1449, Block 27a);
( 2 ) Any addendum to 52.212-4; and
( 3 ) 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services;
( d ) Any contract documents, exhibits or attachments; and
( e ) Solicitation provisions— ( 1 ) 52.212-1, Instructions to Offerors—Commercial Products and Commercial Services, by reference (see SF 1449, Block 27a);
( 2 ) Any addendum to 52.212-1;
( 3 ) 52.212-2, Evaluation—Commercial Products and Commercial Services, or other description of evaluation factors for award, if used; and
( 4 ) 52.212-3, Offeror Representations and Certifications— Commercial Products and Commercial Services.
[60 FR 48241, Sept. 18, 1995; 60 FR 54817, Oct. 26, 1995; 61 FR 67430, Dec. 20, 1996; 63 FR 35720, June 30, 1997; 63 FR 36121, July 1, 1998; 64 FR 10536, Mar. 4, 1999; 71 FR 220, Jan. 3, 2006; 75 FR 82567, Dec. 30, 2010; 79 FR 61750, Oct. 14, 2014; 82 FR 4713, Jan. 13, 2017; 86 FR 61023, Nov. 4, 2021]
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements of The Titan Corporation's Report on Form 10-Q for the six
months ended June 30, 1997, and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                           1,716
<SECURITIES>                                         0
<RECEIVABLES>                                   46,864
<ALLOWANCES>                                         0<F1>
<INVENTORY>                                     11,860
<CURRENT-ASSETS>                                73,452
<PP&E>                                          42,273
<DEPRECIATION>                                  23,019
<TOTAL-ASSETS>                                 128,550
<CURRENT-LIABILITIES>                           30,761
<BONDS>                                         39,487
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,695
<COMMON>                                           171
<OTHER-SE>                                      47,047
<TOTAL-LIABILITY-AND-EQUITY>                   128,550
<SALES>                                         85,114
<TOTAL-REVENUES>                                85,239
<CGS>                                           65,919
<TOTAL-COSTS>                                   65,919
<OTHER-EXPENSES>                                13,981
<LOSS-PROVISION>                                     0<F1>
<INTEREST-EXPENSE>                               2,526
<INCOME-PRETAX>                                  2,825
<INCOME-TAX>                                       989
<INCOME-CONTINUING>                              1,836
<DISCONTINUED>                                   (343)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,493
<EPS-PRIMARY>                                     0.07
<EPS-DILUTED>                                     0.07
<FN>
<F1>Due to the use of condensed financial statements for interim reporting, this
information is not compiled on a quarterly basis.
</FN>
        

</TABLE>
12.401 General. This subpart provides— ( a ) Guidance regarding tailoring of the paragraphs in the clause at 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services, when the paragraphs do not reflect the customary practice for a particular market; and
( b ) Guidance on the administration of contracts for commercial products or commercial services in those areas where the terms and conditions in 52.212-4 differ substantially from those contained elsewhere in the FAR.
[60 FR 48241, Sept. 18, 1995, as amended at 86 FR 61023, Nov. 4, 2021]
#### In the Matter of the Probate of the Will of Edward J. Sanders, Deceased. Royal B. Kuykendall, Appellant. S. Evangeline Sanders, as Executrix, Respondent.

Motion to dismiss appeal granted, by default, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
No. 773.

#### France & Canada Steamship Corporation *v.*Konrad Storgard.

March 29, 1920.

*Mr. Bertrand L. Pettigrew*for petitioner.

*Mr. Silas B. Axtell*for respondent.

Petition for a writ of certiorari to the Circuit Court of Appeals for the Second Circuit denied.
IN THE COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS CASA FORD, INC ., § § Appellant, § § v. § No. 08-20-00084-CV § JOSE ARMENDARIZ , § § Appellee. §

MOTION TO WITHDRAW AND FOR SUBSTITUTION OF COUNSEL

TO THE HONORABLE COURT OF APPEALS: COME NOW John P. Mobbs, attorney, and files this Motion to Withdraw and for Substitution of Counsel, pursuant to Rule 6.5(d) of the Texas Rules of Appellate Procedure, and would show the Court the following: 1. Attorney John P. Mobbs is presently lead counsel for Appellee in the above-styled cause. Attorney George P. Andritsos is presently co-counsel in this

cause. 2. The undersigned counsel respectfully request that the Court permit Attorney Mobbs to withdraw as counsel and designate Attorney Andritsos as lead counsel. His contact information is: ACCEPTED 08-20-00084-CV EIGHTH COURT OF APPEALS

EL PASO, TEXAS 6/21/2022 12:25 PM ELIZABETH G. FLORES

CLERK 08-20-00084-CVGEORGE P. AND RITSOS 31 16 Mo nt an a Ave nu e El Pas o, Tex as 79 90 3 (9 15 ) 56 6- 99 95 Fax : (9 15 ) 56 6- 99 96 Em ai l: ge or ge @a ndrit so s.co m St at e BarNo. 0 07 86 98 7 3. The re ar e n o p res en t s et ti ng s o r de ad li ne s i n the cas e. Res pe ct fu ll y

subm it te d,

/s / J oh n P. Mo bb s Jo hnP. Mo bb s Att orne y at Law St at e BarNo. 0 07 84 61 8 71 70 W es twi ndDr., st e. 20 1 El Pas o, Tex as 79 91 2 Tel. (9 15 ) 54 1- 88 10 Fax (91 5) 54 1- 88 30 Em ai l jo hn m ob bs @g m ai l.co m And

/s / Geo rg e P. And

rits os GEORGE P. AND RITSOS 31 16 Mo nt an a Ave nu e El Pas o, Tex as 79 90 3 (9 15 ) 56 6- 99 95 Fax : (9 15 ) 56 6- 99 96 Em ai l: ge or ge @a ndrit so s.co m St at e BarNo. 0 07 86 98 7

2CERTI FICATE OF SERVI CE

I he reb y cert ify th at a tru e an d co rrec t co py o f th e fo reg oi ng in stru m en t was se rv edby elect ro ni c se rv ic e to all co un se l o f rec or d, o n the da te of f il in g. /s / J oh n P. Mo bb s Jo hnP. Mo bb s

3Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Envelope ID: 65629712 Status as of 6/21/2022 4:41 PM MST Associated Case Party: Jose Armendariz

Name JOHN P.MOBBS George P.Andritsos BarNumber Email johnmobbs@gmail.com george@andritsos.com TimestampSubmitted 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM Status SENT SENT

Case Contacts

Name Ken Slavin Charles CHigh, Jr. Victoria Del Campo Greta Duran Celina Moss Priscilla Juarez Carol Sagaribay Gloria Zubia BarNumber Email ken.slavin@kempsmith.com charles.high@kempsmith.com victoria.delcampo@kempsmith.com greta.duran@kempsmith.com celina.moss@kempsmith.com priscilla.juarez@kempsmith.com carol.sagaribay@kempsmith.com gloria@andritsos.com TimestampSubmitted 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM 6/21/2022 12:25:50 PM Status SENT SENT SENT SENT SENT SENT SENT SENT
#### Mae Pierce, Appellant, v. Joseph Capaldi et al., Respondents.

On the call of the calendar, appeal dismissed. There was no appearance for appellant, and appellant failed to comply with an order of this court, dated March 14, 1962, requiring her to perfect the appeal for the May 1962 Term. Beldock, P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.
[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Page 2423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00388]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Environmental Health Sciences; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Environmental Health 
Sciences Special Emphasis Panel; Emerging Research Opportunities in 
Environmental Health Sciences-Population-Based Studies.
    Date: January 19, 2021.
    Time: 1:00 p.m. to 4:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute of Environmental Health Sciences, 
Keystone Building, 530 Davis Drive, Durham, NC 27709 (Virtual 
Meeting).
    Contact Person: Laura A. Thomas, Ph.D., Scientific Review 
Officer, Scientific Review Branch, Division of Extramural Research 
and Training, National Institute of Environmental Health Science, 
Research Triangle Park, NC 27709, 984-287-3328, 
<a href="/cdn-cgi/l/email-protection#2549445057440b514d4a484456654b4c4d0b424a53"><span class="__cf_email__" data-cfemail="3559544047541b415d5a585446755b5c5d1b525a43">[email protected]</span></a>.

    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.115, 
Biometry and Risk Estimation--Health Risks from Environmental 
Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety 
Training; 93.143, NIEHS Superfund Hazardous Substances--Basic 
Research and Education; 93.894, Resources and Manpower Development 
in the Environmental Health Sciences; 93.113, Biological Response to 
Environmental Health Hazards; 93.114, Applied Toxicological Research 
and Testing, National Institutes of Health, HHS)

    Dated: January 6, 2021.
David W. Freeman,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2021-00388 Filed 1-11-21; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>