alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §3701. Congressional findings and declarations

Congress finds and declares that—

(1) an adequate system for the efficient transient storage and movement of bulk agricultural commodities is essential to the overall success of the agricultural industry of the Nation, the development of rural areas of the Nation, and the economic stability of the Nation;

(2) the movement and storage of bulk agricultural commodities has been seriously and repeatedly impeded by shortages of transient storage facilities, adequate rail rolling stock, and the deterioration of many railroad track beds and rural highways throughout the United States;

(3) the efficient movement and storage of bulk agricultural commodities may be achieved and facilitated by the joint location at strategic points throughout the United States of transient storage facilities and multimodal terminal facilities constructed especially for the efficient shipment and receipt of agricultural commodities; and

(4) the location of such facilities must be carefully planned to assure maximum benefits to producers of agricultural commodities and unprocessed agricultural products and utilization of the most efficient means of transporting bulk agricultural commodities for domestic and export markets.

(Pub. L. 96–358, §2, Sept. 25, 1980, 94 Stat. 1184.)

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

#### Effective Date

Pub. L. 96–358, §6, Sept. 25, 1980, 94 Stat. 1189, provided that: "The provisions of this Act [enacting this chapter and amending section 1932 of this title] shall become effective October 1, 1980."

#### Short Title

Pub. L. 96–358, §1, Sept. 25, 1980, 94 Stat. 1184, provided: "That this Act [enacting this chapter and amending section 1932 of this title] may be cited as the 'Agricultural Subterminal Facilities Act of 1980'."
#### Mary Chlebowski et al., Respondents, v. Montron Realty Company, Inc., Appellant.

Judgment and order reversed on the law and facts, without costs of this appeal to either party, and a new trial granted. Memorandum: The verdict of the jury is against the weight of evidence. All concur except Bastow, J., who dissents and votes for affirmance. (Appeal from judgment and order of Erie Trial Term in favor of plaintiffs, in a negligence action.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecchio, JJ.
### §1339a. Repealed. Pub. L. 107–171, title I, §1613(j)(1), May 13, 2002, 116 Stat. 221

Section, Pub. L. 87–703, title III, §326, Sept. 27, 1962, 76 Stat. 631; Pub. L. 88–26, §4, May 20, 1963, 77 Stat. 47; Pub. L. 89–321, title III, §303, Nov. 3, 1965, 79 Stat. 1192; Pub. L. 101–624, title XI, §1132(c), Nov. 28, 1990, 104 Stat. 3515; Pub. L. 102–237, title I, §118(d), Dec. 13, 1991, 105 Stat. 1842, related to good faith reliance.
#### § 865.100 Purpose.

This subpart establishes policies for the review of discharges and dismissals under 32 CFR part 70, “Discharge Review Boards Procedures and Standards,” 47 FR 37770, August 26, 1982. 1982, and explains the jurisdiction, authority, and actions of the Air Force Discharge Review Board. It applies to all Air Force activities. This subpart is affected by the Privacy Act of 1974. The system of records cited in this subpart is authorized by 10 U.S.C. 1553 and 8012. Each data gathering form or format which is required by this subpart contains a Privacy Act Statement, either incorporated in the body of the document or in a separate statement accompanying each such document.
#### § 200.1510 Failure to request a hearing.

If the respondent does not request a hearing within 60 days after the notice prescribed by § 200.1500(a) is received, as determined by § 200.2002(c), by the respondent, the DHA may impose the proposed penalty and assessment, or any less severe penalty and assessment. The DHA shall notify the respondent in any manner authorized by Rule 4 of the Federal Rules of Civil Procedure of any penalty and assessment that have been imposed and of the means by which the respondent may satisfy the judgment. The respondent has no right to appeal a penalty, an assessment with respect to which he or she has not made a timely request for a hearing under § 200.2002.
§ 225.4 Policy. In accordance with 10 U.S.C. 1065, the following new patron groups are authorized access to DoD commissary, exchange, and morale, welfare, and recreation (MWR) revenue generating activities on the same basis as a member of the Military Services entitled to retired or retainer pay, effective January 1, 2020: ( a ) Veterans who were awarded the Purple Heart.
( b ) Veterans who are former prisoners of war (POWs).
( c ) Veterans classified by the Department of Veterans Affairs (VA) as having a service-connected disability rating below 100 percent.
( d ) Caregivers or family caregivers for veterans under the VA caregiver program. These caregivers are only eligible for these privileges during their period of active enrollment as the caregiver or family caregiver for a veteran.
### §4316. Regulations

The Secretary may issue such regulations as may be necessary to carry out the provisions of this chapter.

(Pub. L. 97–98, title XVII, §1717, Dec. 22, 1981, 95 Stat. 1357.)
§ 634.42 Civil-military cooperative programs. ( a ) *State-Armed Forces Traffic Workshop Program.* This program is an organized effort to coordinate military and civil traffic safety activities throughout a State or area. Installation commanders will cooperate with State and local officials in this program and provide proper support and participation.
( b ) *Community-Installation Traffic Workshop Program.* Installation commanders should establish a local workshop program to coordinate the installation traffic efforts with those of local communities. Sound and practical traffic planning depends on a balanced program of traffic enforcement, engineering, and education. Civilian and military legal and law enforcement officers, traffic engineers, safety officials, and public affairs officers should take part.
RE: Changes to Section IV which we just discussed 

Lydia Wegman to: Laity, James A. 06/02/2010 03:20 PM

Cc:

Bridgid Curry, Charlotte Bertrand, "Mancini, Dominic J.", James 

Hemby, Kevin McLean, Lewis Weinstock, Michael Stewart, Nealson 

Watkins, Padmini Singh, Richard Wayland, Sara Schneeberg, Tricia 

Crabtree

Thanks very much Jim for your quick response and for catching the typos. We'll correct them before 

folding this part of the preamble into the final rule. 

"Laity, James A." Lydia, As you said, these are all editorial/clarifyin... 06/02/2010 03:16:55 PM

From: "Laity, James A." <James_A._Laity@omb.eop.gov>

To: Lydia Wegman/RTP/USEPA/US@EPA, "Mancini, Dominic J." 

<Dominic_J._Mancini@omb.eop.gov>

Cc: James Hemby/RTP/USEPA/US@EPA, Richard Wayland/RTP/USEPA/US@EPA, Nealson 

Watkins/RTP/USEPA/US@EPA, Padmini Singh/DC/USEPA/US@EPA, Kevin 

McLean/DC/USEPA/US@EPA, Sara Schneeberg/DC/USEPA/US@EPA, Tricia 

Crabtree/RTP/USEPA/US@EPA, Michael Stewart/RTP/USEPA/US@EPA, Lewis 

Weinstock/RTP/USEPA/US@EPA, Charlotte Bertrand/DC/USEPA/US@EPA, Bridgid 

Curry/DC/USEPA/US@EPA

Date: 06/02/2010 03:16 PM

Subject: RE: Changes to Section IV which we just discussed

Lydia, As you said, these are all editorial/clarifying changes and they look fine to us.  We note a few

grammatical typos in the attached which you may want to correct.   

From: Wegman.Lydia@epamail.epa.gov [mailto:Wegman.Lydia@epamail.epa.gov] 

Sent: Wednesday, June 02, 2010 2:23 PM

To: Laity, James A.; Mancini, Dominic J.

Cc: Hemby.James@epamail.epa.gov; Wayland.Richard@epamail.epa.gov; 

Watkins.Nealson@epamail.epa.gov; Singh.Padmini@epamail.epa.gov; Mclean.Kevin@epamail.epa.gov; 

schneeberg.sara@epamail.epa.gov; Crabtree.Tricia@epamail.epa.gov; 

Stewart.Michael@epamail.epa.gov; Weinstock.Lewis@epamail.epa.gov; 

Bertrand.Charlotte@epamail.epa.gov; Curry.Bridgid@epamail.epa.gov

Subject: Changes to Section IV which we just discussed

Jim (and Dom),

Please find attached a redline version of section IV of the SO2 preamble. Our monitoring team has made 

some clarifying and editorial changes to improve the transparency of the monitoring preamble and reg 

text. There are no substantive changes. Needless to say, I wanted you to have the redline version so 

you could see what has been changed. Please let me know if you have any questions. Thanks a lot. 

Lydia

 [attachment "Primary SO2 Final Preamble - DRAFT - Monitoring 6-2-10 typos corrected.doc" 

deleted by Lydia Wegman/RTP/USEPA/US]
### §4802. Definitions

For purposes of this chapter:

(1) The term "Board" means the National Pork Board established under section 4808 of this title.

(2) The term "consumer information" means an activity intended to broaden the understanding of sound nutritional attributes of pork or pork products, including the role of pork or pork products in a balanced, healthy diet.

(3) The term "Delegate Body" means the National Pork Producers Delegate Body established under section 4806 of this title.

(4) The term "imported" means entered, or withdrawn from a warehouse for consumption, in the customs territory of the United States.

(5) The term "importer" means a person who imports porcine animals, pork, or pork products into the United States.

(6) The term "order" means a pork and pork products promotion, research, and consumer information order issued under section 4803 of this title.

(7) The term "person" means an individual, group of individuals, partnership, corporation, association, organization, cooperative, or other entity.

(8) The term "porcine animal" means a swine raised for—

(A) feeder pigs;

(B) seedstock; or

(C) slaughter.

(9) The term "pork" means the flesh of a porcine animal.

(10) The term "pork product" means a product produced or processed in whole or in part from pork.

(11) The term "producer" means a person who produces porcine animals in the United States for sale in commerce.

(12) The term "promotion" means an action, including paid advertising, taken to present a favorable image for porcine animals, pork, or pork products to the public with the intent of improving the competitive position and stimulating sales of porcine animals, pork, or pork products.

(13) The term "research" means—

(A) research designed to advance, expand, or improve the image, desirability, nutritional value, usage, marketability, production, or quality of porcine animals, pork, or pork products; or

(B) dissemination to a person of the results of such research.

(14) The term "Secretary" means the Secretary of Agriculture.

(15) The term "State" means each of the 50 States.

(16) The term "State association" means—

(A) the single organization of pork producers in a State that is—

(i) organized under the laws of the State in which such association operates; and

(ii) recognized by the chief executive officer of such State as representing the pork producers of such State; or

(B) if such organization does not exist on January 1, 1986, an organization that represents not fewer than 50 pork producers who market annually, in the aggregate, not less than 10 percent of the volume (measured in pounds) of porcine animals marketed in such State.

(17) The term "to market" means to sell or to otherwise dispose of a porcine animal, pork, or pork product in commerce.

(Pub. L. 99–198, title XVI, §1613, Dec. 23, 1985, 99 Stat. 1607.)

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

#### Effective Date

Section effective Jan. 1, 1986, see section 1631 of Pub. L. 99–198, set out as a note under section 4801 of this title.
### §2234. Purchases for bureaus from appropriations for contingent expenses

The Secretary of Agriculture may purchase stationery, supplies, furniture, and miscellaneous materials from this appropriation for contingent expenses and transfer the same at actual cost to the various bureaus, divisions, and offices of the Department of Agriculture in the city of Washington, reimbursement therefor to be made to such appropriation by said bureaus, divisions, and offices from their lump-fund appropriations by transfer settlements through the Treasury Department.

(Aug. 10, 1912, ch. 284, 37 Stat. 296.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 542 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, §1, Sept. 6, 1966, 80 Stat. 378.
#### RANDALL, Respondent, v. FINKENBERG, Appellant.

(Supreme Court, Appellate Term.

June 22, 1903.)

Action by Frank M. Randall against Adolph Finkenberg. From a judgment for plaintiff, defendant appeals. Affirmed.

Mr. Blumenthal, for appellant.

C. H. Fuller, for respondent.

PER CURIAM.

Substantially nothing but a question of fact is involved in this case. The claim of the defendant that he should have been allowed to show a custom prevailing with reference to the dealings had in the New York Furniture Exchange is not available. He makes no claim, either in his answer or in his testimony, that he did not purchase the identical goods shown him, and that those identical goods were not to be delivered to him, but other goods of which the articles shown were samples. Judgment affirmed, with costs.
### §450g. Transferred

#### **Editorial Notes**

#### Codification

Section 450g was editorially reclassified as section 2204–5 of this title.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**733 KA 14-00310**  PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, TROUTMAN, AND SCUDDER, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

JULIO DIAZ, DEFENDANT-APPELLANT.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JAMES A. HOBBS OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (NANCY GILLIGAN OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Monroe County (Joanne M. Winslow, J.), rendered November 12, 2013. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the first degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [a]). As the People correctly concede, defendant’s oral and written waivers of his right to appeal from his conviction do not encompass his challenge to the severity of his sentence and thus do not foreclose our review of that challenge ( see People v Maracle , 19 NY3d 925, 927-928; People v Tomeno , 141 AD3d 1120, 1120-1121). We nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: September 30, 2016 Frances E. Cafarell Clerk of the Court
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 OCTOBER 14, 2010

JOHN LEY

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 10-12434

Non-Argument Calendar

________________________

D.C. Docket No. 1:10-cv-00759-CAP

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

THOMAS J. LAWLER,

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Northern District of Georgia

________________________

(October 14, 2010)

Before CARNES, MARCUS and COX, Circuit Judges.

PER CURIAM:

The district court granted the Government’s petition to enforce Internal

Revenue summonses, and the Defendant Thomas J. Lawler appeals.
Lawler presents two arguments on this appeal. He contends: (1) that the court

erred in concluding that he waived his right to assert defenses by his failure to timely

assert them in response to the Magistrate Judge’s show cause order; and (2) that prior

court approval was required for administrative issuance of these summonses. 

We find no error in the district court’s conclusion that Lawler’s failure to

substantively object and respond to the petition waived defenses. This waiver

forecloses Lawler’s second argument. As a general rule, we will not consider a legal

issue or theory raised for the first time on appeal. United States v. Tremble, 933 F.2d

925, 928 (11th Cir 1991). None of the exceptions to the general rule are applicable

here.

AFFIRMED.

2
12.203 Procedures for solicitation, evaluation, and award. ( a ) Contracting officers shall use the policies unique to the acquisition of commercial products and commercial services prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in part 13, Simplified Acquisition Procedures; part 14, Sealed Bidding; or part 15, Contracting by Negotiation, as appropriate for the particular acquisition. The contracting officer may use the streamlined procedure for soliciting offers for commercial products or commercial services prescribed in 12.603. For acquisitions of commercial products or commercial services exceeding the simplified acquisition threshold but not exceeding $7.5 million ($15 million for acquisitions as described in 13.500(c)), including options, contracting activities may use any of the simplified procedures authorized by subpart 13.5.
( b ) Contracting officers shall ensure the criteria at 15.101-2(c) are met when using the lowest price technically acceptable source selection process.
[60 FR 48241, Sept. 18, 1995, as amended at 62 FR 264, Jan. 2, 1997; 62 FR 64917, Dec. 9, 1997; 69 FR 8313, Feb. 23, 2004; 69 FR 76351, Dec. 20, 2004; 71 FR 57366, Sept. 28, 2006; 75 FR 53132, Aug. 30, 2010; 80 FR 38297, 38311, July 2, 2015; 85 FR 62488, Oct. 2, 2020; 86 FR 3681, Jan. 14, 2021; 86 FR 61022, Nov. 4, 2021]
### §62. Definitions

Wherever used in this chapter, (a) the word "person" imports the plural or the singular, as the case demands, and includes an individual, a partnership, a corporation, or two or more persons having a joint or common interest; (b) the word "commerce" means commerce between any State or the District of Columbia and any place outside thereof, or between points within the same State or the District of Columbia but through any place outside thereof, or within the District of Columbia; and (c) the word "cotton" means cotton of any variety produced within the continental United States, including linters.

(Mar. 4, 1923, ch. 288, §11, 42 Stat. 1519.)

#### **Editorial Notes**

#### Codification

Section is composed of the first sentence of section 11 of act Mar. 4, 1923. The remainder of section 11 is contained in section 63 of this title.
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 19-0632

STATE OF MONTANA,

Plaintiff and Appellee,

v.

GREGORY M. SMITH,

Defendant and Appellant.

GRANT OF EXTENSION

Upon consideration of Appellee’s motion for a 30-day extension of time, 

and good cause appearing therefor, Appellee is granted an extension of time to 

and including August 2, 2020, within which to prepare, serve, and file its response 

brief.

MPD

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

July 1 2020

07/01/2020

Case Number: DA 19-0632
#### Union National Bank, Appellant, v James L. Davis, Respondent.

Appeal from an order of the Supreme Court at Special Term, entered March 16, 1978, which granted defendant’s motion to vacate a default judgment. Default judgments are not favored, since the law prefers that issues be disposed of upon the merits (see *Ballard v Billings & Spencer Co.,*36 AD2d 71, 76). Accordingly, where a default judgment is entered without compliance with the requirements therefor, that judgment is a nullity and must be vacated *(Red Creek Nat. Bank v Blue Star Ranch,*58 AD2d 983, 984). CPLR 3215 (subd [e]) provides that the clerk is authorized to enter a default judgment against a defendant only when the proof of service is accompanied by proof by affidavit *made by the party*of the facts constituting the claim, the default and the amount due. Here, the affidavit was made by plaintiff’s attorney rather than one of plaintiff’s officers and is, therefore, not in compliance with the requirements of CPLR 3215 (subd [e]). Thus, we refrain from considering the issues of excusable default and the presence of a meritorious defense, the grounds relied upon by Special Term in granting defendant’s motion (see *Woodstock Lake Assoc, v Pleasure Crest Corp.,*65 AD2d 867). Order affirmed, without costs. Mahoney, P. J., Sweeney, Kane, Staley, Jr., and Herlihy, JJ., concur.
## COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02

- 16

- 00264

- CV

JOE BROWN APPELLANT

V.

RJR INSURANCE SERVIC ES, INC.

D/B/A SENIOR HEALTHC ARE

CONSULTANTS AND RICH ARD P.

DALE, JR. APPELLEES

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

FROM THE 141ST DISTR ICT COURT OF TARRANT COUNTY

TRIAL COURT NO. 141

- 283456

- 16

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



### MEMORANDUM OPINION 1 

### AND JUDGMENT

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

We have considered “Appellant ’ s Motion to Dismiss.” It is the court’s

opinion that the motion should be granted; therefore, we dismiss the appeal. See

Tex. R. App. P. 42.1(a)(1), 43.2(f).

Costs of the appeal shall be paid by appellant, for which let execution

issue. See Tex. R. App. P. 42.1(d).

PER CURIAM

P ANEL: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J.

DELIVERED: November 3, 2016

1 See Tex. R. App. P. 47.4.
### §511n. Hearings; examination of witnesses; refusal to testify or produce evidence

In carrying on the work authorized in this chapter, the Secretary, or any officer or employee designated by him for such purpose, shall have power to hold hearings, administer oaths, sign and issue subpenas, examine witnesses, and require the production of books, records, accounts, memoranda, and papers. Upon refusal by any person to appear, testify, or produce books, records, accounts, memoranda, and papers in response to a subpena, the proper United States district court shall have power to compel obedience thereto.

(Aug. 23, 1935, ch. 623, §15, 49 Stat. 735.)
### §5844. Definitions and authorization of appropriations

#### (a) Definitions

For purposes of this subchapter:

(1) The term "program" means the National Genetic Resources Program.

(2) The term "Secretary" means the Secretary of Agriculture.

(3) The term "Director" means the Director of the National Genetic Resources Program.

#### (b) Authorization of appropriations

There are authorized to be appropriated to carry out this subchapter—

(1) such sums as are necessary for each of fiscal years 1991 through 2013; and

(2) $1,000,000 for each of fiscal years 2014 through 2023.

(Pub. L. 101–624, title XVI, §1635, Nov. 28, 1990, 104 Stat. 3747; Pub. L. 104–127, title VIII, §832(b), Apr. 4, 1996, 110 Stat. 1168; Pub. L. 105–185, title III, §301(b)(1), June 23, 1998, 112 Stat. 562; Pub. L. 107–171, title VII, §7118, May 13, 2002, 116 Stat. 434; Pub. L. 110–234, title VII, §7201, May 22, 2008, 122 Stat. 1233; Pub. L. 110–246, §4(a), title VII, §7201, June 18, 2008, 122 Stat. 1664, 1994; Pub. L. 113–79, title VII, §7205, Feb. 7, 2014, 128 Stat. 881; Pub. L. 115–334, title VII, §7206(b), Dec. 20, 2018, 132 Stat. 4804.)

#### **Editorial Notes**

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

#### Amendments

2018—Subsec. (b)(2). Pub. L. 115–334 substituted "2023" for "2018".

2014—Subsec. (b). Pub. L. 113–79 struck out "such funds as may be necessary" after "appropriated", substituted "subchapter—" for "subchapter for each of the fiscal years 1991 through 2012.", and added pars. (1) and (2).

2008—Subsec. (b). Pub. L. 110–246, §7201, substituted "2012" for "2007".

2002—Subsec. (b). Pub. L. 107–171 substituted "2007" for "2002".

1998—Subsec. (b). Pub. L. 105–185 substituted "2002" for "1997".

1996—Subsec. (b). Pub. L. 104–127 substituted "1997" for "1995".

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

#### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.