alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### KAVANAGH v. VOLLMER.

(Supreme Court, Appellate Term.

November 6, 1903.)

1. Master’s Liability for Servant’s Act—Ice on Sidewalk.

The sweeping of defendant’s sidewalk by his servant being one of his duties, and he having used water in doing so, though without being directed to use it, defendant is chargeable with the servant’s use thereof, so as to be liable to plaintiff, who slipped on the ice formed thereby.

Appeal from Municipal Court, Borough of Manhattan, Seventh .District.

Action by Nora Kavanagh against Gertrude Vollmer. From a judgment for plaintiff, defendant appeals. Affirmed.

*476Argued before FREEDMAN, P. J., and BISCHOFF and BLANCHARD, JJ.

Herbert J. Hindes, for appellant.

Henry Wendt, for respondent.

BISCHOFF, J.

The plaintiff was injured through a fall upon the sidewalk, due to the presence of ice formed through the use of water, by the defendant’s servant when cleaning the sidewalk opposite defendant’s premises, and it is conceded that the judgment is correct if upon the evidence the defendant is to be held chargeable for the servant’s use of water upon the sidewalk. The proof discloses that sweeping the sidewalk was among the duties of this servant, and therefore the question whether or not the law imposed a duty upon the owner of the premises to have this work performed is immaterial. It suffices that this was a duty of the servant, and, whether imposed by the employer from personal taste or for some other reason, the obligation arising from the relation of master and servant remained the same. While the defendant did not direct the use of water, the servant made use of it, not in the course of a departure from her duties, but simply because she saw other servants do the same thing and to facilitate the cleaning. Pier general duty being to sweep, and the' object of sweeping being to clean, the use of water for that object, and conOededly to no other end, was within the scope of the employment, under well-settled rules. P. Cox Shoe Mfg. Co. v. Gorsline, 63 App. Div. 517, 71 N. Y. Supp. 619, and cases cited.

Judgment affirmed, with costs. All concur.
### §910. Repealed. Pub. L. 104–127, title VII, §777, Apr. 4, 1996, 110 Stat. 1150

Section, acts May 20, 1936, ch. 432, title I, §10, 49 Stat. 1366; Oct. 28, 1949, ch. 776, §2, 63 Stat. 948; Apr. 21, 1976, Pub. L. 94–273, §11(1), 90 Stat. 378; Oct. 13, 1994, Pub. L. 103–354, title II, §235(a)(13), 108 Stat. 3221, required Secretary to present annually to Congress, not later than Apr. 20, report of Secretary's activities under this chapter.
ACCOUNTANTS' CONSENT
                         
                         

We consent to incorporation by reference in the
Registration Statement (No. 33-33180) on Form S-8 of
Nuclear Support Services, Inc. of our report dated
November 17, 1995, except as to note 14 which is as of
January 31, 1996, relating to the consolidated balance
sheets of Nuclear Support Services, Inc. and
subsidiaries as of September 30, 1995 and 1994, and the
related consolidated statements of operations,
shareholders' equity, and cash flows and related
schedule for each of the years in the three-year period
ended September 30, 1995, which report appears in the
September 30, 1995 annual report on Form 10-K of
Nuclear Support Services, Inc.

Our report dated November 17, 1995, except as to note
14, which is as of January 31, 1996, contains an
explanatory paragraph that states that the Company is
in default on its revolving credit agreement and has
sustained losses in recent years, which raise
substantial doubt about its ability to continue as a
going concern.  The consolidated financial statements
and financial statement schedule do not include any
adjustments that might result from the outcome of that
uncertainty.

                          KPMG PEAT MARWICK LLP


Atlanta, Georgia
February 1, 1996





                    Exhibit 23
#### In the Matter of the Probate of the Will of Clara L. Bonesteel, Deceased. Barbara Mulvey, Appellant; Union National Bank of Troy et al., Respondents.

(Appeal No. 3.)

Appeal dismissed, as moot (see *Matter of Bonesteel,*16 A D 2d 324.) Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ., concur.
### §228d. Annual assessment of cattle and hog industries

Not later than March 1 of each year, the Secretary shall submit to Congress and make publicly available a report that—

(1) assesses the general economic state of the cattle and hog industries;

(2) describes changing business practices in those industries; and

(3) identifies market operations or activities in those industries that appear to raise concerns under this chapter.

(Aug. 15, 1921, ch. 64, title IV, §415, as added Pub. L. 106–472, title III, §312(e)(2), Nov. 9, 2000, 114 Stat. 2077.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 415 of act Aug. 15, 1921, was renumbered section 417 and is classified to section 229c of this title.
### §724a–1. Transferred

#### **Editorial Notes**

#### Codification

Section, acts June 30, 1950, ch. 443, §4, 64 Stat. 316; June 27, 1952, ch. 477, title IV, §402(e), 66 Stat. 276, is set out as a note under section 1440 of this title.
| group                       | n_8thGraders_total | pct_enrolled_alg |
|-----------------------------|--------------------|------------------|
| all_students                | 3642908            | 23.9             |
| asian                       | 147155             | 33.58            |
| white                       | 1427211            | 23.53            |
| two_or_more_races           | 87925              | 22.66            |
| pacific_islander            | 11262              | 13.92            |
| hispanic                    | 743570             | 13.06            |
| americanIndian_alaskaNative | 30773              | 12.8             |
| black                       | 452367             | 12.26            |
| female                      | 1767756            | 24.99            |
| male                        | 1855158            | 22.09            |
# GA_Volume

# Quarterly

# Historical
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-6722
JAN F. BECKER, Petitioner - Appellant, v. HUDSON, Warden, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. Frederick P. Stamp, Jr., Senior District Judge. (5:07-cv-00156-FPS-JSK) Submitted: July 31, 2008 Decided: August 11, 2008 Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges. Dismissed by unpublished per curiam opinion. Jan F. Becker, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit.- 2 - PER CURIAM: Jan F. Becker seeks to appeal the district court’s order transferring his 28 U.S.C. § 2254 (2000) petition to the United States District Court for the Northern District of Ohio, the district in which Becker was convicted and is incarcerated. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order Becker seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we deny leave to proceed in forma pauperis and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
1 ... T h i s proc ee di n g ar i s es out of C au s e N os . 2008- CR
- 1308 an d 2008- CR
- 8981, s t y l ed St at e v. G ar y Avant , p end i ng i n t he 3 7 9 t h Jud i ci al D i st ri ct C o urt , B exar C o unt y , T exas, t he H o no rable Ro n R angel presi d i ng. i i i i i i



### MEM ORA ND UM OP INION
No
. 04 -0 9- 00 30 0- CR IN RE Gar

y AV AN T Orig inal Mandamus Proce eding 1 PER C URI AM Sitt ing: Sandee B ry an Mar ion, J ustice

Phy lis J . Speedlin, J ustice Steven C. Hilbig, Just ice Deliver ed and F iled: J une 3, 2009 PETI TI ON F OR WR I T OF MANDAMUS DEN I ED On May 21, 2009, rela tor Gar

y Avant filed a

petition for writ of manda mus, complaining of the tr ia l c ou rt ’s failu re to rul e on his pr o s e pretria l petition for writ of habe as cor pus. Howeve r, counsel ha s been a

ppointed to repre sent rela tor in the criminal proc eeding pending in the trial court for whic h he is curr ently

confine d. A cr iminal defenda nt is not entit led to hy

brid repr esenta tion. See Ro bin so n v . S

tat e , 2 40 S.W. 3d

91 9, 92 2 ( Te x. Cr im. Ap p. 20 07 ); Pa tri c k v . S tat e , 906 S.W .2d 481, 498 (Tex. Crim. App. 1995). A trial court has no leg al duty to rule on pr o s e motions or petitions filed with reg ard to a

criminal proc eeding in which the def endant is re p re s en t ed by

counsel. See04
- 09
- 00 30 0- CR

- 2- Robinson , 240 S.W .3d at 922. Consequently , the trial court did not abuse its discre tion by declining to r ule on re la tor ’s pr o s e petition for writ of ha beas c orpus that rela tes direc tly to his confinement based on the criminal proc eeding pending in the t rial court. There fore , we c onclude that r elator ha s not shown himself entitled to mandamus relief . Acc ording ly , the petition is denie d. T EX . R. A PP . P. 52.8(a)
. Ad dit ion a lly , r e la tor

fi le d a n A pp lic a tio n f

or L e a ve to F ile Pe tit ion fo r Wr it o f M a nd a mus . No leave is require d to file a pe tition for a writ of manda mus in t h i s co u rt . T EX . R. A PP . P. 52. There fore , rela tor’s motion for leave to file is DENI ED as moot. P E R C U R I A M DO NO T PU B L I SH
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT NEELAM UPPAL, ) ) Appellant, ) ) v. ) Case No. 2D16-2356 ) WELLS FARGO BANK, N.A., ) ) Appellee. ) ) Opinion filed October 3, 2018. Appeal pursuant to Fla. R. App. P. 9.130 from the Circuit Court for Pinellas County; Thomas H. Minkoff, Judge. Neelum Uppal, pro se. Kimberly S. Mello and Vitaliy Kats of Greenberg Traurig, P.A., Tampa; and Michele L. Stocker of Greenberg Traurig, P.A., Ft. Lauderdale, for Appellee.

PER CURIAM.

Affirmed. SILBERMAN, KELLY, and BLACK, JJ., Concur.
#### 1552.204-70 [Reserved]
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 168 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. RES. 168

   Providing amounts for the expenses of the Select Committee on the 
    Strategic Competition Between the United States and the Chinese 
        Communist Party in the One Hundred Eighteenth Congress.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2023

Mr. Gallagher submitted the following resolution; which was referred to 
                 the Committee on House Administration

_______________________________________________________________________

                               RESOLUTION

 
   Providing amounts for the expenses of the Select Committee on the 
    Strategic Competition Between the United States and the Chinese 
        Communist Party in the One Hundred Eighteenth Congress.

    Resolved,

SECTION 1. AMOUNTS FOR COMMITTEE EXPENSES.

    For the expenses of the Select Committee on the Strategic 
Competition Between the United States and the Chinese Communist Party 
(hereafter in this resolution referred to as the ``Committee''), 
including the expenses of all staff salaries, there shall be paid, out 
of the applicable accounts of the House of Representatives for 
committee salaries and expenses, not more than $8,892,625 for the One 
Hundred Eighteenth Congress.

SEC. 2. SESSION LIMITATIONS.

    Of the amount specified in section 1--
            (1) not more than $4,470,816 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 2023, and ending immediately before noon on January 
        3, 2024; and
            (2) not more than $4,421,809 shall be available for 
        expenses incurred during the period beginning at noon on 
        January 3, 2024, and ending immediately before noon on January 
        3, 2025.

SEC. 3. VOUCHERS.

    Payments under this resolution shall be made on vouchers authorized 
by the Committee, signed by the Chairman of the Committee, and approved 
in the manner directed by the Committee on House Administration.

SEC. 4. REGULATIONS.

    Amounts made available under this resolution shall be expended in 
accordance with regulations prescribed by the Committee on House 
Administration.
                                 <all>
```
UBS PROJECT MBS REPORT

1002-12-10421 March 5, 1054 3305

Eighteenth Quarterly Progress Report

on the

Mechanisms of Fire Ignition and Extinguishment

hy

E. C. Creitz

Covering the period November 1 ? 1963 to February 29, 1964

for

Bureau of Ships

U. So Department of the Navy

Code 638

Eighteenth. Quarterly Progress Report

Mechanisms of Fire Ignition and Extinguishment

by

E. C. Creitz

Covering the period November 1, 1963 to January 3 I 5 1964

1. Summary

This report covers part of a continuing study of the

mechanisms of chemical extinguishment of flames. Several

improvements were made in the mass spectrometer to be used

in the study of ionic processes in flames. Mr. Mills also

measured the calibration factor and the loss of ions in

the drift tube; only one in three survive to be counted

at the exit. Theoretical considerations indicated that

one may neglect the velocity modulation caused by the

differentiation voltage used in the detector. The identities of ions formed by attachment of low energy electrons

to SF^, and the flame inhibitors CCl^ , CH^Br and Fe(CO)^

were determined. No ions could be found from the attachment of electrons by PbCC^H^)^.

2. The Mass Spectrometer

In an attempt to Increase negative ion currents,

several improvements were made. Additional deflection

plates were installed for the purpose of centering the

ion beam. A device for controlling the filament current

by means of measurement of the electron emission was

built and tried. It has been temporarily laid aside

because of the short life of transistors which carried

the filament current. Some minor improvements were

made in the unipotential cathode in order to provide

finer control of electron energies and two additional

variable leaks were constructed so that the spectrometer

could be used for the simultaneous comparison of the

negative ions from two independent samples. The calibration factor was measured, as was the ratio of the

number of ions entering the drift tube to the number

leaving it. About two thirds of the ions are lost in

the drift tube.

Theoretical work indicated that tie velocity

modulation caused by the differentiating voltage

would not cause trouble. It was also determined

that non-resonant ions would bunch just as well as

resonant ions, but at different locations in the

drift tube. This idea suggests that it might be

possible to sweep through the ion masses by changing

the length of the drift tube..

3„ Results

Five compounds have been studied to date. Sulfur

hexafluoride was found, as expected, to yield SF” and

— o SF^ ions. Carbon tetrachloride gave Cl*” ions , and

CH^Br gave Br” ions. Iron pentacarbonyl, Fe(CO)^,

which is a powerful inhibitor, gave Fe(C0)j” ions- This

substantiates the reported tendency for ' Fe(CO)^

dissociate and recombine with undissociated molecules

to form Fe(C0)_. Lead tetraethyl, which Lee showed to

y

be a moderately good electron attacher, gave no ions at

all, at low electron energies. Two attempts were made

to find negative ions. The difficulty has still not

been solved.

USCOMM-BBS-DC
#### 1523.303 Contract clause.
### §8312. Administration and claims

#### (a) Administration

To carry out this chapter, the Secretary may—

(1) acquire and maintain real or personal property;

(2) employ a person;

(3) make a grant; and

(4) notwithstanding chapter 63 of title 31, enter into a contract, cooperative agreement, memorandum of understanding, or other agreement.

#### (b) Tort claims

#### (1) In general

Except as provided in paragraph (2), the Secretary may pay a tort claim, in the manner authorized by the first paragraph of section 2672 of title 28, if the claim arises outside the United States in connection with an activity authorized under this chapter.

#### (2) Requirements

A claim may not be allowed under this subsection unless the claim is presented in writing to the Secretary not later than 2 years after the date on which the claim arises.

(Pub. L. 107–171, title X, §10413, May 13, 2002, 116 Stat. 503.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this subtitle", meaning subtitle E (§§10401–10418) of title X of Pub. L. 107–171, May 13, 2002, 116 Stat. 494, which is classified principally to this chapter. For complete classification of subtitle E to the Code, see Short Title note set out under section 8301 of this title and Tables.

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

#### Transfer of Functions

For transfer of functions of the Secretary of Agriculture relating to agricultural import and entry inspection activities under this chapter to the Secretary of Homeland Security, and for treatment of related references, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
#### 1253.227-3 Patent rights under Government contracts.

The following form is prescribed as a means for contractors to report inventions made during contract performance, as specified in 1227.305-4: Department of Defense DD Form 882, Report of Inventions and Subcontracts. DD Form 882 can be found at *https://www.esd.whs.mil/Directives/forms/.*
#### The People of the State of New York, Respondent, v. Willie James Reid, Appellant.

In a *coram nobis*proceeding, defendant appeals from an order of the County Court, Westchester County, dated October 13, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered March 14, 1951 on his plea of guilty, convicting him of assault in the second degree, and imposing sentence. Order affirmed. No opinion. Beldock, P. J., Ughetta, Christ, Hill and Rabin, JJ., concur.
| (1)  | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended January 21, 2011 (the “Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); and |
|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Dated: March 7, 2011 | /s/ Raymond F. Lancy                                                                   |   |
|----------------------|---------------------------------------------------------------------------------------------|--------|
|                 | Raymond F. Lancy, Chief Financial Officer, Vice President,Treasurer and Assistant Secretary |   |
|                 | (Principal Financial and Accounting Officer)                                                |   |
#### 17.600 Scope of subpart.

This subpart prescribes policies and procedures for management and operating contracts for the Department of Energy and any other agency having requisite statutory authority.
### §7315. Powers

#### (a) Hearings

The Commission may, for the purpose of carrying out this subchapter, conduct such hearings, sit and act at such times, take such testimony, and receive such evidence, as the Commission considers appropriate.

#### (b) Assistance from other agencies

The Commission may secure directly from any department or agency of the Federal Government such information as may be necessary for the Commission to carry out its duties under this subchapter. On the request of the chairperson of the Commission, the head of the department or agency shall, to the extent permitted by law, furnish such information to the Commission.

#### (c) Mail

The Commission may use the United States mails in the same manner and under the same conditions as the departments and agencies of the Federal Government.

#### (d) Assistance from Secretary

The Secretary shall provide to the Commission appropriate office space and such reasonable administrative and support services as the Commission may request.

(Pub. L. 104–127, title I, §185, Apr. 4, 1996, 110 Stat. 940.)
### §1182f. Denial of entry into United States of Chinese and other nationals engaged in coerced organ or bodily tissue transplantation

#### (a) Denial of entry

Notwithstanding any other provision of law and except as provided in subsection (b), the Secretary shall direct consular officers not to issue a visa to any person whom the Secretary finds, based on credible and specific information, to have been directly involved with the coercive transplantation of human organs or bodily tissue, unless the Secretary has substantial grounds for believing that the foreign national has discontinued his or her involvement with, and support for, such practices.

#### (b) Exception

The prohibitions in subsection (a) do not apply to an applicant who is a head of state, head of government, or cabinet-level minister.

#### (c) Waiver

The Secretary may waive the prohibitions in subsection (a) with respect to a foreign national if the Secretary—

(1) determines that it is important to the national interest of the United States to do so; and

(2) not later than 30 days after the issuance of a visa, provides written notification to the appropriate congressional committees containing a justification for the waiver.

(Pub. L. 107–228, div. A, title II, §232, Sept. 30, 2002, 116 Stat. 1372.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Department of State Authorization Act, Fiscal Year 2003, and also as part of the Foreign Relations Authorization Act, Fiscal Year 2003, and not as part of the Immigration and Nationality Act which comprises this chapter.

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

#### Definitions

For definitions of "Secretary" and "appropriate congressional committees" as used in this section, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of Title 22, Foreign Relations and Intercourse.