alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Dismiss and Opinion Filed July 25, 2013 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01578-CV 

IN THE INTEREST OF S.B., A MINOR CHILD, Appellant 

On Appeal from the 380th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 380-30023-2012 

MEMORANDUM OPINION 

Before Chief Justice Wright and Justices Lang-Miers and Lewis 

Opinion by Chief Justice Wright 

Before the Court is appellant’s July 5, 2013 motion for non-suit which we construe as 

appellant’s motion to dismiss. We GRANT appellant’s motion and dismiss this appeal. See

TEX. R. APP. P. 42.1(a)(1). 

121578F.P05 

 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE 
121578.dis.op.docx –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

IN THE INTEREST OF S.B., A MINOR 

CHILD, Appellant 

No. 05-12-01578-CV 

 On Appeal from the 380th Judicial District 

Court, Collin County, Texas 

Trial Court Cause No. 380-30023-2012. 

Opinion delivered by Chief Justice Wright. 

Justices Lang-Miers and Lewis participating. 

 In accordance with this Court’s opinion of this date, this appeal is DISMISSED. 

 It is ORDERED that appellee JUSTIN BARTO recover his costs of this appeal from 

appellant JULIE HARKINS. 

Judgment entered July 25, 2013 

/Carolyn Wright/ 

CAROLYN WRIGHT 

CHIEF JUSTICE
IN THE UNITED STATES DISTRICT COURT FOR
                     THE SOUTHERN DISTRICT OF WEST VIRGINIA
                               HUNTINGTON DIVISION


ENERGY  CORPORATION  OF  AMERICA
a  West  Virginia  corporation,

                          Plaintiff,
                                              CIVIL  ACTION  NO.  3:01-1317
v.

MACKAY  SHIELDS  LLC,  a  Delaware
limited  liability  company,  et  al.,

                          Defendants.



                                 JUDGMENT ORDER

     In  accordance  with  the  accompanying  order,  the  Court  FINDS  for the
Plaintiff  and  strikes  this  case  from  the  docket  of  this  Court.

     The Court DIRECTS the Clerk to send a certified copy of this Judgment Order
to  counsel  of  record  and  any  unrepresented  parties.

     ENTER:     Decmeber  4,  2002

                                                /s/  Robert  C.  Chambers
                                                -------------------------
                                                ROBERT  C.  CHAMBERS
                                                UNITED  STATES  DISTRICT  JUDGE
### §7913. Availability of direct payments

#### (a) Payment required

For each of the 2002 through 2007 crop years of each covered commodity, the Secretary shall make direct payments to producers on farms for which payment yields and base acres are established.

#### (b) Payment rate

The payment rates used to make direct payments with respect to covered commodities for a crop year are as follows:

(1) Wheat, $0.52 per bushel.

(2) Corn, $0.28 per bushel.

(3) Grain sorghum, $0.35 per bushel.

(4) Barley, $0.24 per bushel.

(5) Oats, $0.024 per bushel.

(6) Upland cotton, $0.0667 per pound.

(7) Rice, $2.35 per hundredweight.

(8) Soybeans, $0.44 per bushel.

(9) Other oilseeds, $0.0080 per pound.

#### (c) Payment amount

The amount of the direct payment to be paid to the producers on a farm for a covered commodity for a crop year shall be equal to the product of the following:

(1) The payment rate specified in subsection (b).

(2) The payment acres of the covered commodity on the farm.

(3) The payment yield for the covered commodity for the farm.

#### (d) Time for payment

#### (1) In general

The Secretary shall make direct payments—

(A) in the case of the 2002 crop year, as soon as practicable after May 13, 2002; and

(B) in the case of each of the 2003 through 2007 crop years, not before October 1 of the calendar year in which the crop of the covered commodity is harvested.

#### (2) Advance payments

At the option of the producers on a farm, up to 50 percent of the direct payment for a covered commodity for any of the 2003 through 2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year, shall be paid to the producers in advance. The producers shall select the month within which the advance payment for a crop year will be made. The month selected may be any month during the period beginning on December 1 of the calendar year before the calendar year in which the crop of the covered commodity is harvested through the month within which the direct payment would otherwise be made. The producers may change the selected month for a subsequent advance payment by providing advance notice to the Secretary.

#### (3) Repayment of advance payments

If a producer on a farm that receives an advance direct payment for a crop year ceases to be a producer on that farm, or the extent to which the producer shares in the risk of producing a crop changes, before the date the remainder of the direct payment is made, the producer shall be responsible for repaying the Secretary the applicable amount of the advance payment, as determined by the Secretary.

(Pub. L. 107–171, title I, §1103, May 13, 2002, 116 Stat. 149; Pub. L. 109–171, title I, §1102(a), Feb. 8, 2006, 120 Stat. 5.)

#### **Editorial Notes**

#### Amendments

2006—Subsec. (d)(2). Pub. L. 109–171 substituted "2005 crop years, up to 40 percent of the direct payment for a covered commodity for the 2006 crop year, and up to 22 percent of the direct payment for a covered commodity for the 2007 crop year," for "2007 crop years".
12.502 Procedures. ( a ) The FAR prescription for the provision or clause for each of the laws listed in 12.503 has been revised in the appropriate part to reflect its proper application to prime contracts for the acquisition of commercial products or commercial services.
( b ) For subcontracts for the acquisition of commercial products or commercial services, the clauses at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services, and 52.244-6, Subcontracts for Commercial Products and Commercial Services, reflect the applicability of the laws listed in 12.504 by identifying the only provisions and clauses that are required to be included in a subcontract at any tier for the acquisition of commercial products or commercial services.
( c ) The FAR prescription for the provision or clause for each of the laws listed in 12.505 has been revised in the appropriate part to reflect its proper application to contracts and subcontracts for the acquisition of COTS items.
[60 FR 48241, Sept. 18, 1995, as amended at 74 FR 2721, Jan. 15, 2009; 79 FR 24200, Apr. 29, 2014; 86 FR 61024, Nov. 4, 2021]
#### In the Matter of Edward S. Silver, as District Attorney of the County of Kings, Petitioner, v. Samuel Turchin, an Attorney, Respondent.

Motion by respondent for leave to appeal to the Court of Appeals from an order confirming the Official Referee’s report and disbarring him, denied. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Pette, JJ., concur.
§ 935.138 Motor bus operation. Each person operating a motor bus on Wake Island shall— ( a ) Keep its doors closed while the bus is moving with passengers on board; and
( b ) Refuse to allow any person to board or alight the bus while it is moving.
EXHIBIT 32.1
                                                                    ------------

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



In connection with the Quarterly Report of Escalade, Incorporated (the
"Company") on Form 10-Q/A for the period ending July 15, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel
A. Messmer, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, 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 result of operations of the
Company.



/s/ DANIEL A. MESSMER
----------------------------------
Daniel A. Messmer
Chief Executive Officer
March 9, 2007


                                       22
| **Exhibit                  21(b)**                      |   |                                          |
|---------------------------------------------------------|--------|-----------------------------------------------|
| **PPL                  Electric Utilities Corporation** |   |                                          |
| **Subsidiaries                  of the Registrant**     |   |                                          |
| **As                  of December 31, 2006**            |   |                                          |
|                                                    |   |                                          |
|                                                    |   |                                          |
| **Company                  Name**                       |   | **State                  or Jurisdiction of** |
| **Business                  Conducted under Same Name** |   | **Incorporation/Formation**                   |
|                                                    |   |                                          |
| PPL                  Transition Bond Company, LLC       |   | Delaware                                      |
<PAGE>

                                              EXHIBIT 21.1

                                  SUBSIDIARIES


ROHN Industries, Inc.
6718 West Plank Road
Peoria, Illinois 61604

ROHN Installation Services, Inc. (Delaware)
ROHN Enclosures, Inc. (Arizona)
ROHN, Inc. (Alabama)
ROHN Products, Inc. (Indiana)
ROHN Construction, Inc. (Texas)
ROHN de Mexico S.A. de C.V. (Mexico)
Folding Carrier Corp. (Delaware)
ROHN Foreign Sales Corp. (Barbados)
ROHN Foreign Holdings, Inc. (Delaware)
UNR Realty, Inc. (Illinois)
ROHN Servicios, S.A. de C.V. (Mexico)
#### 1252.216-74 Settlement of Letter Contract.

As prescribed in 1216.603-4, insert the following clause:

# Settlement of Letter Contract (NOV 2022)

(a) This contract constitutes the definitive contract contemplated by issuance of letter contract___[*insert number*] dated___[*insert effective date*]. It supersedes the letter contract and its modification number(s)___[*insert number(s)*] and, to the extent of any inconsistencies, governs.

(b) The cost(s) and fee(s), or price(s), established in this definitive contract represents full and complete settlement of letter contract___[*insert number*] and modification number(s)___[*insert number(s)*]. Payment of the agreed upon fee or profit withheld pending definitization of the letter contract, may commence immediately at the rate and times stated within this contract.

(End of clause)
1201.304 Agency control and compliance procedures. ( a ) DOT shall control the proliferation of acquisition regulations and any revisions thereto (except as noted in paragraph (b) of this section) by using an internal TAR change process.
( b ) Specific OA-unique regulations will not be processed through the TAR/TAM change process but shall be reviewed by OA legal counsel and submitted to the OSPE for review and approval. (*See* 1252.101 for additional instructions pertaining to provisions and clauses.)
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CHARLES CHATT, et al., )

)

Plaintiffs, )

)

v. ) No. 11 C 9267

)

J.B. HUNT TRANSPORT, INC., etc.,)

)

Defendant. )

MEMORANDUM ORDER

J.B. Hunt Transport, Inc. (“J.B. Hunt”) has filed its Answer

to the Complaint brought against it by Charles and Linda Chatt. 

This memorandum order is issued sua sponte to address matters in

that responsive pleading that call for current attention.

To begin with, J.B. Hunt’s counsel are among the lawyers who

seemingly seek to invoke the disclaimer provisions of Fed. R.

Civ. P. (“Rule”) 8(b)(5) without having read that Rule. At least

it is difficult to draw any other conclusion from counsel’s

failure to follow its plainly-marked-out roadmap (see Answer ¶¶3

and 14, the latter of which is contained in the response to each

of the two counts of the Complaint).

Those offending paragraphs are therefore stricken, but with

leave granted to file an amendment to the Answer (not a selfcontained Amended Answer) correcting the flawed response on or

before February 21, 2012. No charge is to be made to J.B. Hunt

by its counsel for the added work and expense incurred in

correcting counsel’s errors.

Case: 1:11-cv-09267 Document #: 12 Filed: 02/08/12 Page 1 of 2 PageID #:32
On the plus side, however, J.B. Hunt has admitted its lack

of due care in the respects alleged by Complaint ¶¶13.b and 13.d. 

That being so, it would appear that early efforts at possible

settlement would be the most appropriate course for the litigants

to take (for with liability acknowledged, the parties can focus

solely on the damages issue). Although the next status hearing

date has previously been set for May 2, it is hoped that counsel

might bring the matter on much earlier, either to report on

progress toward resolution or, if appropriate, to seek an order

of reference to the assigned Magistrate Judge to assist them in

that respect.

________________________________________

Milton I. Shadur

Senior United States District Judge

Date: February 8, 2012

2

Case: 1:11-cv-09267 Document #: 12 Filed: 02/08/12 Page 2 of 2 PageID #:33
February 27, 1975.

M. P. No. 75-28.

#### Mariano Bucolo *v.*Zoning Board of Review *et al.*

*Butterfield, Miller & Fuyat, John E. Fuyat, Joseph G. Miller,*for defendant-petitioner James Rossi, Inc.

Petition for writ of certiorari is granted. *Anthony R. Berretto,*for plaintiff-respondent.
F~ECE\VED U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

NOV -9 2015 

HEARING DOCKET 

In the matter of: 

ARCTIC SLOPE NATIVE 

ASSOCIATION, LTD. 

JUDGE GOODWIN 

) 

) 

) 

) 

) 

Docket No. FAA-2015-2437 

Case No. 2015NM730027 

WITHDRAWAL OF COMPLAINT 

The parties have reached a settlement. Pursuant to that agreement, Complainant hereby 

withdraws its complaint in this matter with the understanding that this proceeding will be 

dismissed with prejudice. 

Respectfully submitted this 30th day of October 2015. 

Peter J. Lynch 

Assistant Chief Counsel 

for Enforcement 

By: 

Glenn H. Brown 

Enforcement Division, Western Team 

222 W 7th A venue Box 14 

Anchorage, AK 99513-7587 

email: glenn.brown@faa.gov 

telephone: (907) 271-5271 (direct) 

(907) 271-2800(fax) 
CERTIFICATE OF SERVICE 

Re: Arctic Slope Native Association, Ltd. 

FDMS No. FAA-2015-2437 

I hereby certify that on this date I have served a copy of the FAA's Withdrawal of Complaint by 

postage-prepaid, certified mail, return receipt requested, to the following: 

Judge Richard C. Goodwin 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

US Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Richard D. Monkman 

Sonosky, Chambers, Sachse, 

Miller & Munson, LLP 

900 West 5th Avenue Suite 700 

Anchorage, AK 99501 

I further certify that on this date I have served the original and one copy of the FAA's 

Withdrawal of Complaint by postage-prepaid, certified mail, return receipt requested, addressed 

as follows: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

ATTN: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 

DATED: 

Federal Aviation Administration 

Office of Regional Counsel 

222 West 7th Avenue, Box 14, AAL-7 

Anchorage, Alaska 99513-7587
### §§701 to 723. Repealed. Feb. 10, 1936, ch. 42, 49 Stat. 1106

Sections, acts Apr. 21, 1934, ch. 157, §§1–2, 48 Stat. 598–606; Aug. 9, 1935, ch. 504, 49 Stat. 570; Aug. 24, 1935, ch. 641, §§39(a)–(e), 40–42, 49 Stat. 777, 778, related to placing of cotton industry on a sound commercial basis, to preventing unfair competition and practices in putting cotton into channels of interstate and foreign commerce and to providing funds for paying additional benefits under the Agricultural Adjustment Act.

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

#### Collection of Unpaid Taxes

Act Mar. 2, 1936, ch. 112, 49 Stat. 1155, amending act Feb. 10, 1936, ch. 42, 49 Stat. 1106, which repealed sections 701 to 723, provided that no tax, civil penalty, or interest which accrued under any provision of law repealed by said act Feb. 10, 1936, and which was uncollected on date of enactment of said act Feb. 10, 1936, was to be collected; and all liens for taxes, civil penalties, or interest arising out of taxes under such provisions of law were cancelled and released.

#### Appropriations for Refunds and Payments of Processing and Related Taxes and Limitations Thereon

Acts June 25, 1938, ch. 681, 52 Stat. 1150; May 6, 1939, ch. 115, §1, 53 Stat. 661, 662; Feb. 12, 1940, ch. 28, §1, 54 Stat. 36; Mar. 25, 1940, ch. 71, title I, 54 Stat. 61; May 31, 1941, ch. 156, title I, §1, 55 Stat. 219; Mar. 10, 1942, ch. 178, title I, §1, 56 Stat. 156; June 30, 1943, ch. 179, title I, 57 Stat. 257; Apr. 22, 1944, ch. 175, title I, §1, 58 Stat. 201; Apr. 24, 1945, ch. 92, title I, 59 Stat. 62; July 20, 1946, ch. 588, title I, 60 Stat. 574.
1032.770-5 Limitations. ( a ) This policy does not apply to contract actions that are not covered by the CR.
( b ) If this policy is applied to non-severable services or to supplies, the contracting officer shall take into consideration the business risk to the Government if funding does not become available to fully fund the contract. If the contracting officer determines the use of incremental funding for non-severable services or supplies is in the best interest of the Government the contracting officer shall ensure the contractor fully understands how the limitations of the Government's liabilities under the contract might impact its ability to perform within the prescribed contract schedule.
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

 

Glen Sherwood and Carol Sherwood, )

)

Plaintiffs, )

)

v. ) No. 12 C 794

)

NCO Financial Systems, Inc., a ) Judge Coleman

Pennsylvania corporation, )

)

Defendant. )

NOTICE OF VOLUNTARY 

DISMISSAL WITH PREJUDICE

Plaintiffs, pursuant to settlement and F.R.C.P. Rule 41, hereby stipulate to the 

dismissal of their claims against the Defendant with prejudice.

Dated: March 14, 2012

One of Plaintiffs’ Attorneys

/s/ David J. Philipps_______

David J. Philipps (Ill. Bar No. 06196285)

Mary E. Philipps (Ill. Bar No. 06197113)

Philipps & Philipps, Ltd. 

9760 S. Roberts Road 

Suite One

Palos Hills, Illinois 60465 

davephilipps@aol.com

mephilipps@aol.com

Case: 1:12-cv-00794 Document #: 5 Filed: 03/14/12 Page 1 of 2 PageID #:26
2

CERTIFICATE OF SERVICE

I hereby certify that on March 14, 2012, a copy of the foregoing Notice of 

Voluntary Dismissal with Prejudice was filed electronically. Notice of this filing will be 

sent to the following parties by U.S. Mail, first class postage pre-paid, on March 14, 

2012, by 5:00 p.m.

NCO Financial Systems, Inc.

c/o Nicole Barrett

Sessions, Fishman & Nathan, LLP

55 W. Monroe Street

Suite 1120

Chicago, Illinois 60603

/s/ David J. Philipps__________

David J. Philipps (Ill. Bar No. 06196285)

Philipps & Philipps, Ltd.

9760 South Roberts Road

Suite One

Palos Hills, Illinois 60465

(708) 974-2900

(708) 974-2907 (FAX)

davephilipps@aol.com

Case: 1:12-cv-00794 Document #: 5 Filed: 03/14/12 Page 2 of 2 PageID #:27
EXHIBIT 32.2
 Certification of the Principal Financial Officer pursuant to 18 U.S.C. Section
   1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with this quarterly report of Espey Mfg. & Electronics  Corp. (the
"Company")  on Form 10-Q for the period ended  September  30, 2008 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "report"),  I,
David O'Neil, Principal Financial Officer of the Company,  certify,  pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge:

      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 this report fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Company.

Date: November 13, 2008


                                                        /s/David O'Neil
                                                        ------------------------
                                                        David O'Neil
                                                        Treasurer and Principal
                                                        Financial Officer
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

WILLIAM JOHN TIERNO,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 225 MAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

WILLIAM JOHN TIERNO,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 226 MAL 2022

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 31st day of October, 2022, the Petition for Allowance of Appeal is 

DENIED.
1.102-3 Evaluating agency acquisition processes. ( a ) Agencies are encouraged to develop internal procedures seeking voluntary feedback from interested parties in an acquisition to assess process strengths and weaknesses and improve effectiveness and efficiency of the acquisition process. Agencies may— ( 1 ) Utilize a variety of feedback mechanisms available to the public (*e.g.,* surveys, in-person, and/or group exchanges);
( 2 ) Utilize the core preaward and debriefing survey questions at *https://www.acquisition.gov/360 ;* and
( 3 ) Seek additional feedback on targeted aspects of an acquisition throughout its lifecycle (*e.g.,* performance standards at 1.102-2 or postaward contract administration responsibilities at 42.302).
( b ) Contracting officers are encouraged to insert the provision 52.201-1, Acquisition 360: Voluntary Survey, in accordance with agency procedures.
( c ) Contracting officers shall not review information until after contract award and shall not consider it in the award decision.
[88 FR 53751, Aug. 8, 2023]