alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 53.201-1 Contracting authority and responsibilities (SF 1402).

*SF 1402 (10/83), Certificate of Appointment.* SF 1402 is prescribed for use in appointing contracting officers, as specified in 1.603-3.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-1772

JACK A. SCHWANER,

Plaintiff - Appellant,

versus

DEPARTMENT OF THE ARMY, FORT EUSTIS, VIRGINIA,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Newport News. Rebecca Beach Smith,

District Judge. (CA-03-125-4)

Submitted: October 22, 2004 Decided: January 28, 2005

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jack A. Schwaner, Appellant Pro Se. Anita K. Henry, Assistant

United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Jack A. Schwaner appeals the district court’s order

granting summary judgment to the Department of the Army on his

civil action challenging a ban on commercial solicitation of

students attending Advanced Individual Training at Fort Eustis. We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Schwaner v. Dep’t of the Army, No. CA-03-125-4 (E.D.

Va. May 28, 2004). 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.

AFFIRMED
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20

- 6451

LARRY DARNELL HILL, JR. , Plaintiff

- Appellant ,

v. LIEUTENANT EUGENE SINGLETON; LYNWOOD CARLTON, Nurse; JAMES KELLER, Officer; JAWANDA BURCHETT, Officer; DEXTER KORNEGAY, Counselor; JAMES PYATT, Officer; UNKNOWN SEGREGATION REVIEW OFFICIAL , Defendants

- Appellees

.

Appeal from the United States Dist rict Court for the Eastern District of North Carolina , at Raleigh

. Terrence W. Boyle , District Judge. ( 5:17

- ct

- 03166

- BO )

Submitted : March 16, 2022 Decided: April 4, 2022

Before GREGORY, Chief Judge , and AGEE and DIAZ, Circuit Judges

.

Affirmed by un published per curiam opinion

.
Larry Darnell Hill, Jr., Appellant Pro Se. Rudy E. Renfer, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina for Appellees.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 20-6451 Doc: 22 Filed: 04/04/2022 Pg: 1 of 22 PER CURIAM: Larry Darnell Hill, Jr., appeals the district court’s order dismissing without prejudice his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed eral Bureau of Narcotics , 403 U.S. 388 (1971) , for f ailure to exhaust available administrative
remedies . We have reviewed the record and find no reversible error. Accordingly, we
affirm the district court’s order

. Hill v. Singleton , No. 5:17

- ct

- 03166

- BO (E.D.N.C. Mar. 27, 2020). We deny Hill’s motion fo r appointment of counsel and deny as moot his
renewed motion for bail or release pending appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED USCA4 Appeal: 20-6451 Doc: 22 Filed: 04/04/2022 Pg: 2 of 2
47.504 Exceptions. The policy and procedures in this subpart do not apply to the following: ( a ) Shipments aboard vessels as required or authorized by law or treaty.
( b ) Ocean transportation between foreign countries of supplies purchased with foreign currencies made available, or derived from funds that are made available, under the Foreign Assistance Act of 1961 (22 U.S.C. 2353).
( c ) Shipments of classified supplies when the classification prohibits the use of non-Government vessels.
( d ) Subcontracts for the acquisition of commercial products, including commercial components, or commercial services(see 12.504(a)(1) and (a)(11)). This exception does not apply to— ( 1 ) Grants-in-aid shipments, such as agricultural and food-aid shipments;
( 2 ) Shipments covered under 46 U.S.C. Appx 1241-1, such as those generated by Export-Import Bank loans or guarantees;
( 3 ) Subcontracts under— ( i ) Government contracts or agreements for ocean transportation services; or
( ii ) Construction contracts; or
( 4 ) Shipments of commercial products that are— ( i ) Items the contractor is reselling or distributing to the Government without adding value (see FAR 12.501(b)). Generally, the contractor does not add value to the items when it subcontracts items for f.o.b. destination shipment; or
( ii ) Shipped in direct support of U.S. military— ( A ) Contingency operations;
( B ) Exercises; or
( C ) Forces deployed in connection with United Nations or North Atlantic Treaty Organization humanitarian or peacekeeping operations.
[48 FR 42424, Sept. 19, 1983, as amended at 60 FR 34760, July 3, 1995; 60 FR 48250, Sept. 18, 1995; 65 FR 24324, Apr. 25, 2000; 68 FR 13203, Mar. 18, 2003; 71 FR 206, Jan. 3, 2006; 86 FR 61031, Nov. 4, 2021]
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# Event: National Joint Meeting on Youth Prevention, Treatment, and Recovery

**Date**: March 18-20, 2024**Location:** Baltimore, Maryland

Held in conjunction with the Pathways to Wellness Forum occurring March 20-21, 2024, the National Joint Meeting on Youth Prevention, Treatment, and Recovery will bring together all relevant stakeholders, constituencies, and interested parties from around the country to address the number one public health issue facing young people today: alcohol and other drugs. This will be the first joint national meeting in over a decade convened to address this public health imperative. **Learn more and register.**
#### 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas.

As prescribed in 28.309(b), insert the following clause:

# Workers' Compensation and War-Hazard Insurance Overseas (APR 1984)

(a) This paragraph applies if the Contractor employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to workers' compensation insurance under the Defense Base Act (42 U.S.C. 1651 *et seq.*). On behalf of employees for whom the applicability of the Defense Base Act has been waived, the Contractor shall (1) provide, before commencing performance under this contract, at least that workers' compensation insurance or the equivalent as the laws of the country of which these employees are nationals may require and (2) continue to maintain it until performance is completed. The Contractor shall insert, in all subcontracts under this contract to which the Defense Base Act would apply but for the waiver, a clause similar to this paragraph (a) (including this sentence) imposing upon those subcontractors this requirement to provide such workers' compensation insurance coverage.

(b) This paragraph applies if the Contractor or any subcontractor under this contract employs any person who, but for a waiver granted by the Secretary of Labor, would be subject to the War Hazards Compensation Act (42 U.S.C. 1701 *et seq.*). On behalf of employees for whom the applicability of the Defense Base Act (and hence that of the War Hazards Compensation Act) has been waived, the Contractor shall, subject to reimbursement as provided elsewhere in this contract, afford the same protection as that provided in the War Hazards Compensation Act, except that the level of benefits shall conform to any law or international agreement controlling the benefits to which the employees may be entitled. In all other respects, the standards of the War Hazards Compensation Act shall apply; e.g., the definition of war-hazard risks (injury, death, capture, or detention as the result of a war hazard as defined in the Act), proof of loss, and exclusion of benefits otherwise covered by workers' compensation insurance or the equivalent. Unless the Contractor elects to assume directly the liability to subcontractor employees created by this clause, the Contractor shall insert, in all subcontracts under this contract to which the War Hazards Compensation Act would apply but for the waiver, a clause similar to this paragraph (b) (including this sentence) imposing upon those subcontractors this requirement to provide war-hazard benefits.

(End of clause)

[48 FR 42478, Sept. 19, 1983, as amended at 68 FR 28086, May 22, 2003]
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                      - Links to Federal datasets on violence and victimization

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#### 44.305 Granting, withholding, or withdrawing approval.
###### Editorial Note on Part 538

#### Editorial Note:

Nomenclature changes to part 538 appear at 69 FR 28065, May 18, 2004.

#### 538.7002-9 Tribally controlled schools.

25 U.S.C. 2507(a)(6) allows tribally controlled schools, as defined under 25 U.S.C. 2511, that have an active grant pursuant to 25 U.S.C. chapter 27 to purchase supplies or services for the purposes of carrying out the grant.
#### SULLIVAN v. TOLIN.

(Supreme Court, Appellate Term.

March 2, 1906.)

Work and Labor—Evidence—Sufficiency.

In an action for work, labor, and services performed and materials furnished, evidence *held*insufficient to entitle plaintiff to recover. •'

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

Action by Francis Sullivan against William N. Tolin. From a judgment for plaintiff, defendant appeals.

Reversed.

Argued before SCOTT, P. J., and GIEGERICH and GREEN-BAUM, JJ.

Richard T. White, for appellant.

GREENBAUM, J.

This action was brought for work, labor, and services performed and materials furnished. The plaintiff had a general contract with the city of New York for the erection of a school building, which included everything but the electrical work, the' plumbing, and steam fitting. The defendant did the steam fitting for the building under a contract with the city. It appears that after the plaintiff had completed the plastering work on the upper floors of the building, and after the defendant had put in the risers forming part of the heating plant, the position of certain of these risers was shifted, necessitating the breaking of the plaster for openings through which the risers were fitted and consequent replastering. Whether the rearrangement of the risers was due to a mistake or negligence on the part of the defendant or his servants, or because the city authorities desired the change, is not made apparent; nor does it appear that the plaintiff was legally obligated to repair the broken plaster resulting from a shifting of the risers. The only testimony bearing upon the obligation of the defendant to repair the damage to the plaster is that given by plaintiff, but denied by defendant, to the effect that plaintiff, defendant, and his foreman on one occasion went through the building to see which of the risers had been moved, and that the defendant then said, “We have got a right to fix this and pay for them.” Whether this was an admission of liability for carelessness of his men, or of his obligation to the city under his contract, is not clear, but it seems perfectly plain that nó contract between the plaintiff and defendant can be implied from the language quoted. The contractual obligations of the respective parties towards the city, of New York were defined in written contracts, and it was not shown that plaintiff was responsible for the acts of defendant in changing the position of the risers. Aside, therefore, from the inadequacy of the evidence of the fair and reasonable value of the alleged work performed, I find no basis for permitting a recovery against the defendant upon the proofs.

The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event. All concur.
#### In the Matter of Victor M., a Person Alleged to be a Juvenile Delinquent, Appellant.

Order, Family Court, Bronx County, entered October 3, 1977, adjudicating appellant a juvenile delinquent and placing him on probation for one year, unanimously reversed, on the law, without costs or disbursements, and the petition dismissed. Appellant, 10 years old, was standing outside the complainant’s parked automobile, for perhaps two or three minutes, when suddenly his 12-year-old corespondent, who was standing close by, reached in through an open window and seized a pocketbook, which had been lying alongside complainant on the front seat. The corespondent ran a few steps, heaved the bag over a nearby fence enclosing the New York Botanical Garden, and then scaled the fence. Appellant followed him over the fence and together they ran into the park. The two were apprehended about one-half mile away, with the corespondent in possession of the pocketbook. None of its contents had been removed. At the conclusion of the fact-finding hearing, appellant was found guilty of acts, which, if committed by an adult, would constitute the crime of criminal possession of stolen property in the third degree. (Penal Law, § 165.40.) A charge of grand larceny in the third degree (Penal Law, § 155.30) arising out of the same incident, was dismissed. The corespondent was found to have committed acts constituting both grand larceny and criminal possession of stolen property. In our view, the evidence was insufficient to prove appellant’s accessorial conduct in the criminal possession of the pocketbook beyond a reasonable doubt. Although this 10 year old may have acted with the knowledge that the pocketbook was stolen, it is an additional prerequisite to guilt that he intentionally had aided his corespondent in the conduct constituting the offense. (Penal Law, § 20.00.) We cannot conclude that appellant’s actions in following the purse snatcher over the fence and running with him into the park evince, to the exclusion of every other reasonable hypothesis consistent with innocence, an intentional aiding in the commission of the crime. (See *People v Baldiseno,*266 App Div 909.) Concur—Kupferman, J. P., Sandler, Sullivan, Lane and Bloom, JJ.
#### 570.112 Awards to Federal employees.

If the contracting officer receives an offer from an officer or employee of the Government, follow the procedures in FAR 3.6.

[64 FR 37265, July 9, 1999, as amended at 76 FR 30850, May 27, 2011]
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# Well-Being on Campus: The Role of Collegiate Recovery Programs

This article discusses the role that Campus Recovery Programs (CRPs) play in contributing to healthy campus cultures. It also discusses the benefits that all students (e.g., those in recovery from substance use disorders [SUD], those affected by a loved one’s SUD, allies) reap from the programming and services that are hosted by CRPs.**Learn more.**
Exhibit 99.2



                      Statement of Chief Financial Officer
         Pursuant to Section 1350 of Title 18 of the United States Code


Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned,
Henry P. Herms, the Vice President - Finance and Chief Financial Officer of
CopyTele, Inc. (the "Company"), hereby certifies that:

1.       The Company's Form 10-K Annual Report for the year ended October 31,
         2002 (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 results of operations of
         the Company.



                                            /s/ Henry P. Herms
                                            ----------------------------------
                                            Henry P. Herms
                                            Vice President - Finance and
February 13, 2003                           Chief Financial Officer
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# Resource: Raising the Bar: Creating and Sustaining Quality Education Services in Juvenile Detention

This issue brief, developed by the National Evaluation and Technical Assistance Center for the Education of Children and Youth Who Are Neglected, Delinquent, or At Risk, addresses features of juvenile detention facilities as well as the characteristics of youth who find themselves in detention centers. It also offers overarching principles of educational programming for youth in detention and provides a description of flexible and high quality educational services in short-term juvenile justice facilities. Educators and administrators in juvenile justice settings can use this brief when developing and delivering educational services for the youth they serve. **Learn more.**