alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4053

_____________________________

MICHAEL RAY CLINES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

___________________________

On appeal from the Circuit Court for Escambia County.

John L. Miller, Judge.

January 16, 2018

PER CURIAM.

AFFIRMED.

WETHERELL, MAKAR, and KELSEY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Michael Ray Clines, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
Exhibit 10.29

                      SALES CONTRACT OF INDUSTRIAL PRODUCTS
                      -------------------------------------
                                                                     NO.:
                                                               SIGNED AT: Tai'an
                                                             DATE: March 5, 2005

This contract is made and entered into by and between  Shandong Taifeng Minerals
Co., Ltd (hereinafter referred to as the Seller) and Shandong Bangsheng Chemical
Co.,  Ltd  (hereinafter  referred to as the Buyer);  whereby the Seller agree to
sell and the Buyer agree to buy the commodity mentioned in this contract subject
to the terms and conditions stipulated below:

Article 1: Object, Quantity, Price and Date of Delivery

NAME OF COMMODITY: Bituminous Coal

Producer: Taifeng Minerals

UNIT: ton

QUANTITY: 24,000

UNIT PRICE: RMB 450 yuan

TOTAL AMOUNT: RMB 10,800,000 (ten million, eight hundred thousand) yuan

DATE OF DELIVERY: From March 5 2005 to March 5 2006, 2,000 tons each month

Article 2: QUALITY STANDARD

Be  subject  to  the  Quality  Standards  of  Bituminous  Coal  provided  by the
successful bidder.

Article 3: SUPPLY  QUANITY  REQUIREMENT:  The monthly  supply shall no less than
2,000 tons.

Article  4:  STANDARD  FOR  REASONABLE  WEAR AND TEAR AND  COMPUTING  MODE:  The
quantity  shall be based on the weighing  slip on the scale at the factory,  and
any losses shall be responsible for the Seller itself.



<PAGE>

Article 5: MEANS AND PLACE OF DELIVERY:  The Buyer's bituminous coal stock.

Article 6: MODE OF TRANSPORAT AND DESTINATION AND COST ALLOCATION:  By road; the
Seller shall pay the cost.

Article 7: STANDARD,  METHOD, and PLACE AND TIME LIMIT OF INSPECTION:  The check
and acceptance will be done in the place of the Buyer; those failing to meet the
standards will be rejected.

Article 8: METHOD, TIME AND PLACE OF PAYMENT: Cash on Delivery.

Article 9: BREACH LIABILITY: shall be governed by the provisions of the Contract
Law.

Article 10: METHOD OF SETTLING THE DISPUTE OVER THE CONTRACT:

IN THE PERFORMING OF THIS CONTRACT, IF ANY DISPUTE ARISES, THE TWO PARTIES SHALL
SETTLE IT THROUGH FRIENDLY DISCUSSIONS;  THE DISPUTE CAN ALSO BE MEDIATED BY THE
LOCAL INDUSTRIAL AND COMMERICAL ADMINISTRATION;  IF NO SETTLEMENT COMES FROM THE
DISCUSSIONS OR  MEDIATATIONS,  THE DISPUTE SHALL BE SETTLED BY LAWSUITS  THROUGH
THE PEOPLE'S COURT.

Article 11: THIS CONTRACT  SHALL BECOME  EFFECTIVE as of the fifth day of March,
2005.

Article 12: MISCELLANEOUS: The contract period is one full year.

THE SELLER:                                 THE BUYER:
Shandong Taifeng Minerals Co., Ltd          Shandong Bangsheng Chemical Co., Ltd

/s/ Liu Changzhou                            /s/ Wang Gongqin
----------------------------------          ------------------------------------
AUTHORISED SIGNATURE                        AUTHORISED SIGNATURE
AIR-11-388-E September 1, 2011

Exemption No. 8429C Regulatory Docket No. FAA-2004-18023

Mr. Scott G. Peterson, Director Regulatory & Quality System Oversight Boeing Commercial Airplanes P.O. Box 3707, Mailcode 67-XC Seattle, WA 98124-2207

Dear Mr. Peterson:

This letter is to inform you that we have granted your petition to extend Exemption No. 8429, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated July 15, 2011, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of The Boeing Company (Boeing) for an extension of Exemption No. 8429, as amended. That exemption from § 45.29 (b)(1) of Title 14, Code of Federal Regulations (14 CFR) allows Boeing to affix temporary registration marks that are less than 12 inches tall on certain aircraft during production acceptance flights.

In your petition, you indicate there has been no change in the conditions, public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension of the exemption would not set a precedent.

Our Decision

The FAA has determ ined the justification for the issuance of Exemption No. 8429, as amended, remains valid for this exemption and is in the public interest. We will allow the use2

of “window numbers” at the following locations: (1) Boeing Field; (2) Renton Municipal Airport; and (3) Paine Field Everett.

Therefore, under the authority provided by 49 U.S.C. §§ 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 8429, as amended, to October 31, 2013 unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 8429, as amended, remain the same. This letter must be attached to, and is a part of, Exemption No. 8429.

Sincerely,

/s/

Frank P. Paskeiweiz Acting Deputy Director

Aircraft Certification Service

Enclosure
#### § 243.8 Application of FAR cost principles.

In establishing fair and reasonable rate of payments for airlift service contracts in support of CRAF, USTRANSCOM, in accordance with10 U.S.C. 9511a, procedures differ from the following provisions of FAR Part 31 and DFARS Part 231, as supplemented:

FAR 31.202, Direct Costs

FAR 31.203, Indirect Costs

FAR 31.205-6, Compensation for Personal Services, subparagraphs (g), (j), and (k)

FAR 31.205-10, Cost of Money

FAR 31.205-11, Depreciation

FAR 31.205-18, Independent Research and Development and Bid and Proposal Costs

FAR 31.205-19, Insurance and Indemnification

FAR 31.205-26, Material Costs

FAR 31.205-40, Special Tooling and Special Test Equipment Costs

FAR 31.205-41, Taxes

DFARS 231.205-18, Independent research and development and bid and proposal costs
### §5946. Membership fees; expenses of attendance at meetings; limitations

Except as authorized by a specific appropriation, by express terms in a general appropriation, or by sections 4109 and 4110 of this title, appropriated funds may not be used for payment of—

(1) membership fees or dues of an employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia in a society or association; or

(2) expenses of attendance of an individual at meetings or conventions of members of a society or association.

This section does not prevent the use of appropriations for the Department of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the Department.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 514.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| | 5 U.S.C. 83. | June 26, 1912, ch. 182, §8, 37 Stat. 184.Mar. 4, 1913, ch. 145 (3d full par. on p. 854), 37 Stat. 854. |

Statutes at Large

Mar. 4, 1913, ch. 145 (3d full par. on p. 854), 37 Stat. 854.

The words "or by sections 4109 and 4110 of this title" are added on authority of former sections 2309 and 2318(b), which are carried into sections 4109 and 4110, respectively.

In the last sentence, the words "This section does not" are substituted for "That nothing contained in the Act making appropriations to provide for the expenses of the Government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes, approved June twenty-sixth, nineteen hundred and twelve, shall be so construed as to" appearing in the Act of Mar. 4, 1913, 37 Stat. 854.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
#### RANDOLPH H. TRULL v. CENTRAL CAROLINA BANK & TRUST; RICHARD H. CRONK, JR.; PLAYER I, a North Carolina General Partnership and KITTY PLAYER BECK

No. 524A96

(Filed 3 October 1997)

Appeal by plaintiff pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 124 N.C. App. 486, 478 S.E.2d 39 (1996), affirming an order entered by Cashwell, J., on 31 July 1995 in Superior Court, Wake County. On 6 March 1997 this Court allowed plaintiffs petition for discretionary review as to an additional issue. Heard in the Supreme Court 9 September 1997.

*Bums, Day & Presnell, P.A., by Lacy M. Presnell III and Susan F. Vick, for plaintiff-appellant.*

*H. Spencer Barrow and George B. Currin for defendantappellee Central Carolina Bank & Trust.*

PER CURIAM.

The decision of the Court of Appeals is affirmed for the reasons stated in the majority opinion by Judge Eagles. We hold that plaintiffs petition for discretionary review as to an additional issue was improvidently allowed.

AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED IN PART.
§ 37.855 How should I handle protected data? Prior to releasing or disclosing data marked with a restrictive legend (as described in § 37.850) to third parties, you should require those parties to agree in writing that they will: ( a ) Use the data only for governmental purposes; and
( b ) Not release or disclose the data without the permission of the licensor (*i.e.,* the recipient).
§ 536.138 Claims not payable under the Foreign Claims Act. A claim is not payable if it: ( a ) Results wholly from the negligent or wrongful act of the claimant or agent;
( b ) Is purely contractual in nature;
( c ) Arises from private or domestic obligations as distinguished from government transactions;
( d ) Is based solely on compassionate grounds;
( e ) Is a bastardy claim for child support expenses;
( f ) Is for any item whose acquisition, possession, or transportation is in violation of Department of the Army (DA) or Department of Defense (DOD) directives, such as illegal war trophies.
( g ) Is for rent, damage, or other payments involving the acquisition, use, possession, or disposition of real property or interests therein by and for the DA. See § 536.34(m) of this part and paragraph 2-15m of DA Pam 27-162.
( h ) Is not in the best interest of the United States, is contrary to public policy, or otherwise contrary to the basic intent of the governing statute (10 U.S.C. § 2734); for example, claims for property loss or damage, or personal injury or death caused by inhabitants of unfriendly foreign countries or by individuals considered to be unfriendly to the United States.
( i ) Is presented by a national, or a corporation controlled by a national, of a country at war or engaged in armed conflict with the United States, or any country allied with such enemy country unless the appropriate settlement authority determines that the claimant is, and at the time of the incident was friendly to the United States. A prisoner of war or an interned enemy alien is not excluded from filing a claim for damage, loss, or destruction of personal property within the federal government's custody if the claim is otherwise payable.
( j ) Is for damages or injury, the claim for which a receiving State should adjudicate and pay pursuant to an international agreement, subject to waiver by the Commander USARCS. See DA Pam 27-162, paragraph 3-4a(2), for a discussion of the conditions of waiver.
( k ) Is listed in §§ 536.45 and 536.46, except for the exclusions listed in §§ 536.45(e), (h) and (k). Additionally, the exclusions set forth in §§ 536.45(a) and (b) do not apply to a claim arising incident to noncombat activities.
( l ) Is brought by a subrogee.
( m ) Is covered by insurance on the involved U.S. Armed Forces' vehicle or the tortfeasor's privately owned vehicle (POV), in accordance with requirements of a foreign country, unless the claim exceeds the coverage or the insurer is insolvent. See § 536.139(c).
( n ) Is payable under subpart C of this part or AR 27-20, chapter 11.
( o ) Is brought by or on behalf of a member of a foreign military force for personal injury or death arising incident to service, or pursuant to combined military operations. Combined military operations include exercises and United Nations and North Atlantic Treaty Association (NATO) peacekeeping and humanitarian missions. Derivative claims arising from these incidents are also excluded.
#### The People of the State of New York, Respondent, v. Juan Santiago, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 5, 1963 after a jury trial, convicting him of violation of the Public Health Law with respect to narcotic drugs, as a *697felony, and of the same crime, as a misdemeanor, and imposing sentence. Judgment affirmed. During his cross-examination the defendant was asked whether, on a prior occasion, he had been in possession of burglar’s tools. He answered in the affirmative, after his objection to the question had been overruled. On his redirect examination, he testified that the charge based on such possession had been dismissed after trial. In our opinion, while the question as put constituted error, nevertheless, under the circumstances here, and particularly in view of the clear evidence showing defendant’s guilt beyond a reasonable doubt, such error did not affect any substantial right of the defendant. Hence, the judgment should be affirmed without regard to the error (Code Grim. Pro., § 542). Beldoek, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.
#### MERKEL, Respondent v. SNIPER, Appellant.

(Supreme Court, Appellate Division, Third Department.

November 11, 1903.)

Action by Isaac Merkel against Gustavus C. Sniper.

No opinion. Order affirmed, with $10 costs and disbursements.
www.ed.gov 

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by

 fostering educational excellence and ensuring equal access.

UNITED STATES DEPARTMENT OF EDUCATION 

OFFICE OF FINANCE AND OPERATIONS

MEMORANDUM 

TO: Director, Office of Equal Employment Opportunity Services 

Office of Finance and Operations 

FROM: The Assistant Secretary

Office of Finance and Operations 

SUBJECT: Redelegation of Authority 

I. DELEGATION

Under the authority vested in me by delegation EA/EK/200 from the Secretary, certified on March 

13, 2019, I hereby delegate to you, to your successor in function, and to anyone serving for you in an 

acting capacity: 

A. The authority to administer the Equal Employment Opportunity Program in the Department, in

compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., as amended; the

Rehabilitation Act of 1973, 29 U.S.C. 701 et seq., as amended; the Age Discrimination in

Employment Act of 1978, 29 U.S.C. 621 et seq. as amended; the Equal Pay Act of 1963, 29 U.S.C.

206 (d) and applicable regulations.

B. The authority for enforcement of nondiscrimination on the basis of disability in programs or

activities conducted by the Department, in compliance with 29 U.S.C. 794 and 34 C.F.R. Part l05,

including the authority for making determinations in appeals under 34 C.F.R. Part 105.

Unless otherwise specified in future delegations of authority, amendments to the authorities 

delegated herein are included within the scope of this delegation. 

II. RESERVATIONS

Unless otherwise noted in existing or future delegations of authority, the following are not delegated. 

A. the authority to sign certain Federal Register notices; and

B. the authority to approve the Department’s affirmative employment plans.
www.ed.gov 

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness by

 fostering educational excellence and ensuring equal access.

Page 2 – Delegation of Authority 

III. REDELEGATION 

This authority may be redelegated, except that you may not redelegate the authority to issue final 

decisions that may have significant monetary consequences or approve or sign settlement agreements 

that include monetary provisions. 

IV. CERTIFICATION AND EFFECTIVE DATE 

This delegation is effective upon certification of the Department’s Delegations Control Officer and 

supersedes delegation control EM/EMO/323. I hereby ratify actions within the scope of this 

delegation taken by you prior to certification of this delegation. 

 _________/s______________

 Denise Carter

OGC Concurrence and Date ___03/08/19_______________ 

Date: 03/28/2019 

DOA: EK/EKE/201

Title :Redelegation of EEO Delegation of Authority
### §3323. Repealed. Pub. L. 105–185, title III, §302(a), June 23, 1998, 112 Stat. 563

Section, Pub. L. 95–113, title XIV, §1476, as added Pub. L. 101–624, title XVI, §1614(b)(1), Nov. 28, 1990, 104 Stat. 3728; amended Pub. L. 104–127, title VIII, §820(c), Apr. 4, 1996, 110 Stat. 1168, authorized grants and appropriations for acquaculture research facilities.

A prior section 3323, Pub. L. 95–113, title XIV, §1476, as added Pub. L. 97–98, title XIV, §1440(a), Dec. 22, 1981, 95 Stat. 1317, related to establishment, duration, and meetings of Aquaculture Advisory Board, and appointment and compensation of Board members, prior to repeal by Pub. L. 99–198, title XIV, §1429(b), Dec. 23, 1985, 99 Stat. 1556.
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00264-CV

JOE BROWN APPELLANT

V.

RJR INSURANCE SERVICES, INC. 

D/B/A SENIOR HEALTHCARE 

CONSULTANTS AND RICHARD P. 

DALE, JR.

APPELLEES 

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

FROM THE 141ST DISTRICT COURT OF TARRANT COUNTY

TRIAL COURT NO. 141-283456-16

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

MEMORANDUM OPINION1 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

PANEL: GABRIEL, J.; LIVINGSTON, C.J.; and SUDDERTH, J. 

DELIVERED: November 3, 2016

 

1See Tex. R. App. P. 47.4.
### §27c. Exclusion of certain other identified banking products

#### (a) In general

No provision of the Commodity Exchange Act [7 U.S.C. 1 et seq.] shall apply to, and the Commodity Futures Trading Commission shall not exercise regulatory authority with respect to, a banking product if the product is a hybrid instrument that is predominantly a banking product under the predominance test set forth in subsection (b).

#### (b) Predominance test

A hybrid instrument shall be considered to be predominantly a banking product for purposes of this section if—

(1) the issuer of the hybrid instrument receives payment in full of the purchase price of the hybrid instrument substantially contemporaneously with delivery of the hybrid instrument;

(2) the purchaser or holder of the hybrid instrument is not required to make under the terms of the instrument, or any arrangement referred to in the instrument, any payment to the issuer in addition to the purchase price referred to in paragraph (1), whether as margin, settlement payment, or otherwise during the life of the hybrid instrument or at maturity;

(3) the issuer of the hybrid instrument is not subject by the terms of the instrument to mark-to-market margining requirements; and

(4) the hybrid instrument is not marketed as a contract of sale of a commodity for future delivery (or option on such a contract) subject to the Commodity Exchange Act [7 U.S.C. 1 et seq.].

#### (c) Mark-to-market margining requirement

For purposes of subsection (b)(3) of this title, mark-to-market margining requirements shall not include the obligation of an issuer of a secured debt instrument to increase the amount of collateral held in pledge for the benefit of the purchaser of the secured debt instrument to secure the repayment obligations of the issuer under the secured debt instrument.

(Pub. L. 106–554, §1(a)(5) [title IV, §405], Dec. 21, 2000, 114 Stat. 2763, 2763A–459.)

#### **Editorial Notes**

#### References in Text

The Commodity Exchange Act, referred to in subsecs. (a) and (b)(4), is act Sept. 21, 1922, ch. 369, 42 Stat. 998, which is classified generally to this chapter. For complete classification of this Act to the Code, see section 1 of this title and Tables.

#### Codification

Section was enacted as part of the Legal Certainty for Bank Products Act of 2000, and also as part of the Commodity Futures Modernization Act of 2000, and not as part of the Commodity Exchange Act which comprises this chapter.
MEMORANDUM

SUBJECT: April 25, 2011 Meeting with Wisconsin Energy on the 2011 NHSM Final Rule

FROM: Tab Tesnau Office of Resource Conservation and Recovery

TO: Docket ID No. EPA-HQ-RCRA-2008-0329

On April 25, 2011, EPA met with members of Wi sconsin Energy, the Accord Group to discuss

their issues and concerns with the final ru le entitled, “Identification of Non-Hazardous Secondary Materials That are Solid Waste,” wh ich was published in the Federal Register on March 21, 2011 (76 FR 15456). This is refe rred to as the 2011 NHSM Final Rule.

During that meeting, the industry members expressed concerns with the rule’s impact on the coal ash that's "mined" from onsite piles and combus ted. The industry members were interested in

the beneficial use of the coal combustion products.

EPA asked clarifying questions rega rding the information presented.

Attachment:

Please see the attached document “Coal Combus tion Products and Benefits of Ash Fuel Reburn and Ash Recovery” for meeting deta ils presented by Wisconsin Energy.

Expected Meeting Attendees: Bruce Raymey, VP, Wisconsin Energy Pat Quinn, Accord Group

Invited EPA attendees: Jim Berlow, EPA George Faison, EPA Michael Galbraith, EPA Mimi Guernica, EPA Michael Svizzero, EPA Tab Tesnau, EPA Marc Thomas, EPA