alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Justus W. Victory, as Commissioner, etc., Respondent, *v.*Benjamin Blood, Appellant.

An appeal may be taken to the General Term from an interlocutory judgment (Code of Civil Procedure, § 1349), but such a judgment can only be reviewed in this court on appeal from the final judgment (§§ 190,1336, 1350)

(Argued June 27, 1883 ;

decided October 9, 1883.)

The following is the mem. handed down herein :

“ The plaintiff brought this action against the defendant, his predecessor in office, to compel him to account for moneys received by him officially, and to pay over any balance which might be found in his hands. The action was put at issue by the answer of the defendant, and was brought to trial at a Special Term of the Supreme Court.

“ The court found that the plaintiff was entitled to recover from the defendant such sum as might be found due him upon the coming in of the report of the referee appointed to take an accounting, and appointed a referee to take the account and report the same to the court, reserving the question of costs, until the coming in of the report. An interlocutory judgment was entered, from which the defendant appealed to the General Term, where it was affirmed. He then appealed to this court.

“ The defendant could appeal from the interlocutory judgment to the General Term (Code, § 1349), but an appeal to this court was unauthorized, as the judgment was not final. (Code, § 190; *Jones*v. *Jones,*81 N. Y. 35; *Walker*v. *Spencer,*86 id. 162.) The only case in which an appeal .can be taken to this court from an interlocutory judgment, or an order affirming such a judgment, is provided for in subdivision 1 of section 190.

“ The defendant must allow the account to be taken by the referee, and if any balance is found against him, final judgment may be entered therefor, and then he can appeal to this court. (Code, §§ 1336, 1350.)

“ The appeal should be dismissed, with costs.”

*651
      *M. L. Stover*for appellant.

*W. L. Van Denbergh*for respondent.

Earl, J.,

reads for dismissal of appeal, with costs. All concur.

Appeal dismissed.
#### Inez Carlson, appellee, v. Peoples Gas Light & Coke Company, appellant, impleaded with Harold Cusack.

Gen. No. 30,619.

Action for personal injuries. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. W. P. Steffen, Judge, presiding. Heard in the second division of this court for the first *612district at the October term, 1925.

Reversed and remanded.

Opinion filed May 25, 1926.

Cooke, Sullivan & Ricks, for appellant; Oliver R. Barrett, of counsel.

C. Helmer Johnson, for appellee.

Mr. Presiding Justice Barnes

delivered the opinion of the court.
#### United Teachers of Seaford, Petitioner, v New York State Human Rights Appeal Board, et al., Respondents.

Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated August 7, 1978, which affirmed an order of the State Division of Human Rights, dated December 3, 1976, which, after a hearing, held, *inter alia,*that the Board of Education of the Seaford Union Free School District and the United Teachers of Seaford had discriminated against six female athletic coaches. The State division has cross-applied, *inter alia,*for enforcement of the order. Cross application granted, order confirmed and proceeding dismissed, without costs or disbursements. The courts have consistently held that the time limits embodied in sections 297 and 297-a of the Executive Law are directory and not mandatory *(Union Free School Dist. No. 6 of Towns of Islip & Smithtown v New York State Human Rights Appeal Bd.,*35 NY2d 371; *State Div. of Human Rights v New York State Dept, of Correctional Servs.,*61 AD2d 25). The August, 1977 amendment of those statutes has not changed this interpretation (see Memorandum of the State Executive Department, McKinney’s 1977 Session Laws of New York, p 2419). Therefore, the State division is not divested of its jurisdiction because of its failure to comply with the time limits. As to the merits, the determinations of the State Division of Human Rights and the appeal board are supported by substantial evidence. It is clear that the union was aware that the salaries for female athletic coaches were unduly low. Indeed, the union initially proposed a salary which was twice what the women eventually received. When all other issues were resolved and the protection of these women’s rights became burdensome, the union simply abandoned the earlier proposal and settled for an agreement that grossly discriminated against the female coaches. It is settled that a union has the obligation to represent its members fairly and impartially and may not discriminate on the basis of race or sex *(Matter of Union Free School Dist. No. 6, Town of Babylon & Town of Oyster Bay v New York State Div. of Human Rights,*43 AD2d 31, app dsmd 33 NY2d 975). The fundamental purpose of a union is to provide for its members the bargaining power that unity creates. When a union fails to exercise that power in the bargaining process and permits an employer to discriminate against union members, it discriminates against them as surely as if it proposed the inequitable agreement. Titone, J. P., O’Connor, Martuscello and Mangano, JJ., concur.
Exhibit 32.4

CERTIFICATE PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, Paul R. Flanders, Chief Financial Officer of Carrols Corporation (the
Company), hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Companys Quarterly Report on Form 10-Q for the period ended June 28, 2009, as filed with the Securities and Exchange Commission on the date hereof (the
Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                      
|------------------------------------------------------
|/s/ PAUL R. FLANDERS                                  
|Paul R. Flanders                                      
|Vice President  Chief Financial Officer and Treasurer
|August 5, 2009
Meeting Notes

Date:  2/24/2014

Time:  4:00pm

Attendees:

EPA Headwaters

Barnes Johnson Bill Gehrmann

Betsy Smidinger Hewitt Strange

Charlotte Mooney Ken Kastner

Rich Kinch   

Richard Huggins Jr.   

A copy of the sign‐in sheet is attached.

Meeting Dialogue:

Barnes Johnson started the meeting off noting that the comment period for the CCR rulemaking is

closed.

The main points from Headwaters were:

 Thanking EPA for the work on the CCR Methodology and Application documents which were

recently released.  They did, however, express concern that various parties may see the

conservative process used by EPA in the screening analysis as a “requirement”.  In particular,

Headwaters mentioned the range of pH values incorporated in the LEAF test results and

provided a 2013 article by David Kosson titled “pH‐dependent leaching of constituents of

potential concern from concrete materials containing coal combustion fly ash (attached).

 Recommending that EPA define what is and is not large scale fill.  In basic terms, they divided

the universe into 3 areas – pits and quarries; land contouring; and structures.  They are not

significantly involved in pits and quarries; recognized EPA has identified some damage cases, so

that area may be disposal.   They expressed that the status of land contouring largely depended

on whether it was an engineered use.  Their view is that structural fill associated with

engineered uses for building sites, road base and embankments, levees and dams (excluding

those associated with CCR impoundments), any other project meeting engineered

specifications, and any project below 10,000 cubic yards is not large scale disposal.  As for what

constitutes a structural fill having appropriate engineering, Headwaters suggested the soon to

be released ASTM 2277 standard could be adopted, and they provided a draft copy (attached).

 Indicating that they would be sending EPA a letter detailing the position they articulated at the

meeting.

EPA did not request Headwaters send in any additional information, and reflecting EPA’s opening

remarks that the comment period is closed, EPA was clear that our commitment to addressing their

position is appropriately limited to the comments they provided when the comment period was open.
III 

115TH CONGRESS 

1ST SESSION S. RES. 325 

Expressing support for designation of the week of October 29 through 

November 4, 2017, as ‘‘National Obesity Care Week’’. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 8, 2017 

Mr. CARPER (for himself, Mrs. CAPITO, and Mr. HEINRICH) submitted the 

following resolution; which was considered and agreed to 

RESOLUTION 

Expressing support for designation of the week of October 

29 through November 4, 2017, as ‘‘National Obesity 

Care Week’’. 

Whereas the disease of obesity is a major source of concern 

across the United States, and more than 1⁄3 of adults in 

the United States are affected by obesity, with the number of people affected by severe obesity in the United 

States continuing to grow; 

Whereas experts and researchers agree that obesity is a complex disease influenced by various physiological, environmental, and genetic factors; 

Whereas studies show that bias against and stigma associated 

with people affected by obesity can be significant barriers 

to effectively treating the disease; 


dlhill on DSK3GLQ082PROD with BILLS
2 

•SRES 325 ATS 

Whereas research suggests that weight loss of as little as 5 

to 10 percent of the total weight of an individual affected 

by obesity can improve the associated health risks affecting many patients living with obesity and can thereby 

support the goals of reducing chronic disease, improving 

health outcomes, and controlling healthcare costs; 

Whereas comprehensive and individualized strategies for 

weight loss and weight management that consider all 

treatment options, such as reduced-calorie diets, physical 

activity modifications, pharmacotherapy, and bariatric 

surgery, have been identified as important components of 

treatment; 

Whereas it will take a long-term collaborative effort, which 

will involve partners in diverse fields taking active roles, 

to improve obesity care and treatment; and 

Whereas the week of October 29 through November 4, 2017, 

would be an appropriate week to designate as ‘‘National 

Obesity Care Week’’: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports the designation of the week of Oc3 tober 29 through November 4, 2017, as ‘‘National 

4 Obesity Care Week’’; and 

5 (2) encourages all people in the United States 

6 to create a foundation of open communication to 

7 eliminate the misunderstanding and stigma regard8 ing obesity and to improve the lives of all individuals 

9 affected by obesity and their families. 

Æ 


dlhill on DSK3GLQ082PROD with BILLS
#### Fiddlers Green Association, Inc., Respondent, v. Construction Corporation of Long Island, Inc., et al., Appellants.

In an action to compel defendants to account and to convey to plaintiff a certain two-acre tract of harbor front land and certain other tracts of land, the defendants appeal from an order of the Supreme Court, Suffolk County, dated September 11, 1959, enjoining them from selling or otherwise disposing of said harbor front land or erecting any building thereon upon the filing by plaintiff of a bond for $14,000 to secure defendants against loss or damage “in the event that the plaintiff’s contentions as to the said property is not upheld on the trial of this action ”. Said bond has been approved by the court and “ ordered filed.” Plaintiff, a membership corporation, was formed for the purpose of purchasing a tract of land to be subdivided into plots for each of its subscribing members. It was agreed that certain parts of the tract shall be held by the plaintiff corporation for the benefit of the community. It was also agreed that the defendant corporation shall take title to the entire tract in its name and thereafter shall convey portions of the subdivided tract to the plaintiff’s subscribing members. A dispute arose between the plaintiff and defendants (the individual defendants being officers of the defendant corporation) as to the land which plaintiff claimed should be conveyed to it for the community’s benefit. When defendants refused to convey this disputed land, plaintiff instituted this action and filed a *lis pendens.*Upon defendants’ motion, which was not opposed, the court made an order canceling the *lis pendens*upon defendants’ deposit of the sum of $17,000 in cash. Such deposit was made. Thereafter, when the defendants were about to sell the land in dispute, the plaintiff, without moving to open its default, made the motion which resulted in the order appealed from. Its motion was made upon the grounds: (1) that the proposed sale would irreparably injure plaintiff; (2) that it had been agreed that the said land was to be held for the benefit of the community; and (3) that plaintiff did not oppose the cancellation of the lis *pendens,*because defendants’ attorney promised not to sell the disputed land until the determination of the action. Order reversed, with $10 costs and disbursements, and motion denied. The cancellation of the *lis pendens*by the deposit of the $17,000, as directed by the prior court order, precludes any other proceeding in this action against the real property described in the cancelled *lis pendens.*(See Civ. Prac. Act, §§ 121, 124.) Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur. [20 Misc 2d 473.]
#### UNITED STATES of America, Plaintiff-Appellee v. Raul RODRIGUEZ-SALGADO, also known as Pedro Ramirez-Ramirez, also known as Guadalupe Burciaga, Defendant-Appellant.

No. 07-50355

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 8, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Henry Joseph Bemporad, Federal Public Defender, Federal Public Defender’s Office, Western District of Texas, San Antonio, TX, for D ef end ant-App ell ant.

Before KING, BARKSDALE, and DENNIS, Circuit Judges.

*427PER CURIAM: *

Appealing the Judgment in a Criminal Case, Raul Rodriguez-Salgado raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. *United States v. Pineda-Arrellano,*492 F.3d 624, 625 (5th Cir.2007), *petition for cert. filed*(Aug. 28, 2007) (No. 07-6202). The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under tlie limited circumstances set forth in 5th Cir. R. 47.5.4.
26.205 Disaster Response Registry. ( a ) Contracting officers shall consult the Disaster Response Registry via *https://www.sam.gov* to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas.
( b ) A list of prospective vendors voluntarily participating in the Disaster Response Registry can be retrieved using the System for Award Management (SAM) search tool, which can be accessed via *https://www.sam.gov ,* Search Records, Advanced Search, Disaster Response Registry Search These vendors may be identified by selecting the criteria for “Disaster Response Contractors”. Contractors are required to register in SAM in order to gain access to the Disaster Response Registry.
[74 FR 52849, Oct. 14, 2009, as amended at 77 FR 188, Jan. 3, 2012; 78 FR 37679, June 21, 2013; 83 FR 48697, Sept. 26, 2018; 84 FR 19847, May 6, 2019]
#### 3425.103 Exceptions.

The HCA approves determinations under FAR 25.103(b)(2)(i).
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Shelter
Properties V 1995 10-KSB and is qualified in its entirety by
reference to such 10-KSB.
</LEGEND>
<CIK> 0000712753
<NAME> SHELTER PROPERTIES V
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                  12-MOS
<FISCAL-YEAR-END>                          NOV-30-1995
<PERIOD-END>                               NOV-30-1995
<CASH>                                         790,730
<SECURITIES>                                         0
<RECEIVABLES>                                   41,430
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,721,395
<PP&E>                                      72,840,199
<DEPRECIATION>                              34,414,584
<TOTAL-ASSETS>                              43,825,655
<CURRENT-LIABILITIES>                        1,589,510
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  13,259,466
<TOTAL-LIABILITY-AND-EQUITY>                43,825,655
<SALES>                                     12,484,167
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                               13,039,832
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           2,575,748
<INCOME-PRETAX>                                      0
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<CHANGES>                                            0
<NET-INCOME>                                 (341,871)
<EPS-PRIMARY>                                   (6.44)
<EPS-DILUTED>                                        0
        


</TABLE>
#### 2509.406 Debarment.
#### 34.104 Contract clause.

Insert the clause at 52.234-1, Industrial Resources Developed under Defense Production Act, Title III, in all contracts for major systems and items of supply.
IV 

118TH CONGRESS 

1ST SESSION H. CON. RES. 33 

Expressing support for access to medication abortion in the United States. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2023 

Mr. GOTTHEIMER (for himself, Ms. CROCKETT, and Ms. CRAIG) submitted the 

following concurrent resolution; which was referred to the Committee on 

Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each 

case for consideration of such provisions as fall within the jurisdiction of 

the committee concerned 

CONCURRENT RESOLUTION 

Expressing support for access to medication abortion in the 

United States. 

Whereas all people have a fundamental right to make personal, private health care decisions about their own bodies, lives, and futures; 

Whereas access to medication abortion is essential to protecting that fundamental right and does note violate Federal law, as confirmed by the December 23, 2022, Department of Justice’s Office of Legal Counsel Memorandum Opinion entitled ‘‘Application of the Comstock 

Act to the Mailing of Prescription Drugs That Can Be 

Used for Abortions’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HCON 33 IH 

Whereas telehealth services for medication abortion are safe 

and dramatically improve accessibility of reproductive 

health care services; and 

Whereas the drug mifepristone was appropriately approved 

under the Federal Food, Drug, and Cosmetic Act (21 

U.S.C. 301 et seq.): Now, therefore, be it 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. SHORT TITLE. 

4 This resolution may be cited as the ‘‘Freedom to De5 cide Act’’. 

6 SEC. 2. SENSE OF CONGRESS. 

7 It is the sense of Congress to— 

8 (1) affirm the existing authority to distribute 

9 medication abortion under Federal law, as confirmed 

10 by the December 23, 2022, Department of Justice’s 

11 Office of Legal Counsel Memorandum Opinion for 

12 the General Counsel of the United States Postal 

13 Service which states in part that ‘‘Section 1461 of 

14 title 18 of the U.S. Code does not prohibit the mail15 ing of certain drugs that can be used to perform 

16 abortions where the sender lacks the intent that the 

17 recipient of the drugs will use them unlawfully.’’; 

18 and 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HCON 33 IH 

1 (2) condemn restrictions on access to and cov2 erage of reproductive health care, including medica3 tion abortion like mifepristone. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit 2 

Best Performing SCR Retrofit Installations 

6/8/11 
2
3
4
5

0

0.010.020.030.040.050.060.070.08

01/30/08

08/17/08

03/05/09

09/21/09

04/09/10

10/26/10

lb/mmBTU

ParishUnit 5, 30 day rolling average
6
7
8
9
10
11
12
13
14
15
16
17

0

0.020.040.060.08

0.1

0.12

01/30/08

08/17/08

03/05/09

09/21/09

04/09/10

10/26/10

lb/mmBTU

Belews Creek Unit 1, 30 day rolling average
18

0

0.020.040.060.08

0.1

0.12

01/30/08

08/17/08

03/05/09

09/21/09

04/09/10

10/26/10

lb/mmBTU

Mitchell AEP Unit1, 30 day rolling average