alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7390

ELWALDO R. JAMES, Plaintiff - Appellant, versusCITY OF ROCK HILL; ROCK HILL POLICE DEPARTMENT; ROBERT M. STEWARTS, Detective Sergeant, City of Rock Hill Police Department; CLIFTON D. RUSSELL; CLYDE C. LONG; ROBERT M. STEWART, Chief, State Law Enforcement Division; BETTY JOE RHEA, Mayor, City of Rock Hill; JOE B. LANFORD; JOHN DOES, 8-15, City Council of Rock Hill; JANE DOES, 8-15, City Council of Rock Hill; ROCK HILL CITY COUNCIL; JAMES THICKENS, Detective Sergeant, City of Rock Hill Police Department, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Charles E. Simons, Jr., Senior District Judge. (CA-98-2890-2-6AJ) Submitted: February 24, 2000 Decided: March 3, 2000 Before MOTZ and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion.2 Elwaldo R. James, Appellant Pro Se. Donna Seegars Givens, WOODS & GIVENS, L.L.P., Lexington, South Carolina; Terry B. Millar, Rock Hill, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: Elwaldo R. James appeals the district court’s orders denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint and on his motion filed under Fed. R. Civ. P. 59(e). We have reviewed the record, the district court’s opinion accepting the magistratejudge’s recommendation to deny § 1983 relief, and the court’s opinion denying the Rule 59(e) motion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See James v. City of Rock Hill , No. CA-98-2890-2-6AJ (D.S.C. Aug. 24 &Sept. 10, 1999). We deny James’ motion to appoint counsel and 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
#### 552.270-30 Price Adjustment for Illegal or Improper Activity.

As prescribed in 570.703, insert the following clause:

# Price Adjustment for Illegal or Improper Activity (JUN 2011)

(a) If the head of the contracting activity (HCA) or his or her designee determines that there was a violation of subsection 27(a) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in the Federal Acquisition Regulation, the Government, at its election, may—

(1) Reduce the monthly rental under this lease by five percent of the amount of the rental for each month of the remaining term of the lease, including any option periods, and recover five percent of the rental already paid;

(2) Reduce payments for alterations not included in monthly rental payments by five percent of the amount of the alterations agreement; or

(3) Reduce the payments for violations by a Lessor's subcontractor by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was placed.

(b) Prior to making a determination as set forth above, the HCA or designee shall provide to the Lessor a written notice of the action being considered and the basis thereof. The Lessor shall have a period determined by the agency head or designee, but not less than 30 calendar days after receipt of such notice, to submit in person, in writing, or through a representative, information and argument in opposition to the proposed reduction. The agency head or designee may, upon good cause shown, determine to deduct less than the above amounts from payments.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this lease.

(End of clause)

[76 FR 30847, May 27, 2011]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [B-68-2020]

On October 22, 2020, Deepwater Riser Services submitted a notification of proposed production activity to the FTZ Board for its facility within FTZ 279, in Houma, Louisiana.

                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the                     **Federal Register**                     inviting public comment (85 FR 73018, November 16, 2020). On February 19, 2021, the applicant was notified of the FTZ Board's decision that further review of part of the proposed activity is warranted. The FTZ Board authorized the production activity described in the notification on a limited basis, subject to the FTZ Act and the Board's regulations, including Section 400.14, and further subject to a restriction requiring Kevlar straps for fins be admitted to the zone in privileged foreign status (19 CFR 146.41).                

Dated: February 19, 2021.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2021-03785 Filed 2-23-21; 8:45 am]

BILLING CODE 3510-DS-P
Frankly
Media, LLC


27-10
Queens Plaza North, Suite


502 Long Island City, NY 11101


 


 May
25, 2017 


 


Mr.
Warren Spector


Raycom
Media, Inc.


201
Monroe Street


RSA
Tower, 20th Floor


Montgomery,
AL 36104


 


Re:
Website Software Agreement- Amendment


 


Dear
Warren,


 


Reference
is made to the Website Software and Services Agreement dated October 1, 2011 between Frankly Media, LLC (formerly Gannaway Web
Holdings, LLC) (“Frankly”) and Raycom Media, Inc. (“Raycom”) (as previously and herein amended, the “Agreement”).
When signed below, the Agreement will be further amended as follows:


 


	 	1.	Prior
    Advance: Pursuant to an amendment of the Agreement dated December 23, 2016 (the “Advance Amendment”), Raycom
    has provided Frankly with an advance payment, of a portion of the fees due in 2017 under the Agreement, in the amount of $3,000,000
    (the “Prior Advance”). The Advance Amendment provides that if Frankly completes an equity raise of at least $5
    million before March 31, 2017, then it can either (i) refund the full amount of the Prior Advance to Raycom within 30 days
    of the completion of the equity raise along with an additional $30,000 for fees in connection with the prepayment by Raycom,
    or (ii) the full amount of the Prior Advance shall apply to services provided by Frankly for the year ended December 31, 2017
    and Raycom shall receive a discount of $300,000 for the services provided by Frankly. By Amendment dated March 30, 2017, the
    March 31, 2017 date was replaced with May 31, 2107. The parties agree that the May 31, 2017 date set forth in the Advance
    Amendment for completion of Frankly’s equity raise of at least $5 million is hereby replaced with “June 30, 2017”.
	 	 	 
	 	2.	Recoupment
    of Advances: Commencing on June 1, 2017, Raycom will not be required to make cash payments for services provided by Frankly
    under the Agreement until the date that the Prior Advance and the New Advance (as defined in the March 30, 2017 amendment
    to the Advance Amendment) have been fully repaid or credited to amounts due to Frankly from Raycom under the Agreement. The
    parties agree that the New Advance will be applied to the amounts due under the Agreement for the period commencing on June
    1, 2017, and that commencing on July 1, 2017, the outstanding balance of the Prior Advance will be applied to payments due
    from Raycom under the Agreement for services provided by Frankly on and after July 1, 2017.


 




    	 	 1	 



    	 



    

 


Except
as amended herein, the Agreement will continue in full force and effect. If the foregoing is acceptable, please return a signed
copy of this amendment to us at your earliest convenience.


 


	 	Sincerely,
	 	 	 
	 	Frankly Media LLC
	 	 	 
	 	By:	 /s/
    John Wilk 
	 	 	 John
    Wilk 
	 	 	 General
    Counsel 


 


	Accepted
    and Agreed:	 
	 	 	 
	Raycom
    Media, Inc.	 
	 	 	 
	By:	/s/
    Warren Spector	 
	Name:
    	Warren
    Spector	 
	Title:	CFO	 


 






    	 	 2
#### John J. Niemann, Respondent, v. Sherman Cohen et al., Doing Business as 175 East 74th St. Co., Appellants.

Order, entered March 30, 1964, denying defendants’ motion for summary judgment, unanimously reversed on the law, with $30 costs and disbursements to appellants, the motion to dismiss the complaint and for affirmative judgment on the counterclaim *771granted, with $10 costs and the matter remanded to Special and Trial Term for assessment of damages upon defendants’ counterclaim. Plaintiff seeks specific performance of a lease in writing made between him and appellants or, in the alternative, cancellation of the instrument. The pleading fails to state a cause of action. In rendering a decree of specific performance “The court should not assume to make a new contract for the parties and then decree its specific performance, or undertake to compel the defendant to do something he did not contract or agree to do, but should enforce the contract in question according to its terms or not at all.” (49 Am. Jur., Specific Performance, § 171; see, also, *Matter of Galeioite,*3 A D 2d 280, 285, affd. 5 2ST Y 2d 721 and authorities there cited.) Plaintiff directs attention to no provision in the lease that would authorize a decree mandating appellants to remove the visible beams or pipeways. Indeed the lease provisions negative the present contentions of plaintiff. Moreover, the moving papers establish that plaintiff visited the premises and viewed the apartment several times prior to signing the lease. The ambiguous allegation to the contrary in the complaint (par. 7) and the hearsay statements in the answering affidavit of plaintiff’s attorney have no probative value *(Israelson*v. *Rubin,*20 A D 2d 668; *Galien*V. *Pamiia,*7 A D 2d 886). The complaint further fails to state a cause of action for rescission of the lease. Such relief may be obtained where the agreement has been consummated through misrepresentation of material facte not amounting to fraud and intentional misstatements need not be proved. *(Bloomynist*V. *Parson,*222 N. Y. 375, 380.) The pleading under consideration is barren of any such allegation. It is stated that it was the “ understanding ” of plaintiff that the apartment would have normal walls and a further conelusory statement that a mantel could not be installed because of variations between floor plan and actual construction. The uncontroverted statement in the moving papers is that the mantel will be installed and if additional alterations are necessary they will be done at the expense of appellants. Concur — Breitel, J. P., Rabin, McNally, Steuer and Bastow, JJ.
#### Maureen Cooper, Appellant, v Chris Cooper, Respondent.

[778 NYS2d 44]

In an action for a divorce and ancillary relief, the plaintiff wife appeals, as limited by her brief, from stated portions of an order of the Supreme Court, Suffolk *747County (Kent, J.), dated June 10, 2003, which, inter alia, granted those branches of her motion which were for pendente lite maintenance, child support, and an expert fee, only to the extent of awarding her the sums of $500 per week for maintenance, $500 per week for child support, and $5,000 as an expert fee, denied that branch of her motion which was for an award of an attorney’s fee pendente lite, and granted that branch of the defendant husband’s motion which was to direct her to replace the sum of $274,000, which she unilaterally withdrew from the parties’ Citibank joint checking account, to the extent of directing her to deposit into that account any sum remaining from the $274,000 and to account for any amount expended.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs contention that the Supreme Court’s pendente lite award of child support and maintenance is inadequate is without merit. The purpose of a pendente lite award is to “ensure that a needy spouse is provided with funds for his or her support and reasonable needs and those of the children in his or her custody” *(Pascale v Pascale,*226 AD2d 439, 440 [1996]). Here, in addition to awarding the plaintiff temporary maintenance in the sum of $500 per week and temporary child support in the sum of $500 per week, the Supreme Court directed the defendant to pay the sum of $150 per week for housecleaning services, all carrying charges on the marital residence including mortgage payments, taxes, utilities, pool maintenance, and expenses incurred for services consisting of cable television, gardening, and a security system, and, in effect, to pay the plaintiffs credit card expenses in the sum of $1,500 per month. Additionally, the defendant was directed to maintain life, health, medical, and dental insurance for the plaintiff and the parties’ children and make all of the payments for one of the plaintiffs vehicles. The defendant further was directed to pay any expenses for summer camp, and usual educational and extracurricular expenses for the children.

Under these circumstances, the temporary child support and maintenance awards are sufficient to meet the reasonable needs of the plaintiff and the children during the pendency of this action *(see Pascale v Pascale, supra; Celauro v Celauro,*257 AD2d 588, 589 [1999]).

Furthermore, the Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was for an interim attorney’s fee *(see*Domestic Relations Law § 237 [a]). The evidence established that the plaintiff charged her attorney’s $25,000 retainer on a credit card which was *748thereafter paid, by the defendant, and such retainer was not exhausted at the time of the instant motion.

The plaintiff’s remaining contentions are without merit. Smith, J.E, S. Miller, Crane and Rivera, JJ., concur.
#### INDUSTRIAS AUXILIARES FAUS S.L., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Unilin Beheer B.V., Flooring Industries, Ltd., and Unilin Flooring N.C. LLC, Intervenors.

No. 2007-1310.

United States Court of Appeals, Federal Circuit.

Oct. 19, 2007.

ORDER

The parties having so agreed, it is ORDERED that the proceeding is DISMISSED under Fed. R.App. P. 42(b).
#### UNITED STATES of America, Plaintiff-Appellee v. Gerardo CONTRERAS-MONTOYA, Defendant-Appellant.

No. 07-40586

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Nov. 8, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for PlaintiffAppellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before KING, BARKSDALE, and DENNIS, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Gerarado Contreras-Montoya 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. *See United States v. Pineda-Arrellano,*492 F.3d 624, 625 (5th Cir.2007), *petition for cert. filed*(Aug. 28, 2007) (No. 07-6202). The appellant’s motion for summary disposition 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 *420the limited circumstances set forth in 5th Cir. R. 47.5.4.
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## Breadcrumb

            -           Juvenile Correctional Education: A Time for Change      

# Juvenile Correctional Education: A Time for Change

This bulletin discusses the latest and most effective practices in juvenile correctional education.

https://www.ncjrs.gov/pdffiles/juved.pdf
#### § 1006.17 [Reserved]
#### § 1131.44 Classification of producer milk.

See § 1000.44.
EXHIBIT
12.2








CERTIFICATION
OF THE CFO


PURSUANT
TO SECTION 302 OF THE


SARBANES-OXLEY
ACT OF 2002










I, Ralf
Bernhart, certify that:





1.
            I
      have reviewed this annual report on Form 20-F of Head
  N.V.;





2.
            Based
      on my knowledge, this report does not contain any untrue statement of a
      material fact or omit to state a material fact necessary to make the
      statements made, in light of the circumstances under which such statements
      were made, not misleading with respect to the period covered by this
      report;





3.
            Based
      on my knowledge, the financial statements, and other financial information
      included in this report, fairly present in all material respects the
      financial condition, results of operations and cash flows of the company
      as of, and for, the periods presented in this
  report;





4.
            The
      company’s other certifying officer and I are responsible for establishing
      and maintaining disclosure controls and procedures (as defined in Exchange
      Act Rules 13a - 15(e) and 15d - 15(e)) for the company and
      have:





(a) designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the company, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period
in which this report is being prepared;





(b) the
effectiveness of the company’s disclosure controls and procedures and presented
in this report our conclusions about the effectiveness of the disclosure
controls and procedures, as of the end of the period covered by this report
based on such evaluation; and





(c) disclosed
in this report any change in the company’s internal control over financial
reporting that occurred during the period covered by the report that has
materially affected, or is reasonably likely to materially affect, the company’s
internal control over financial reporting; and





5.
            The
      company’s other certifying officer and I have disclosed, based on our most
      recent evaluation of internal control over financial reporting, to the
      company’s auditors and the audit committee of the company’s board of
      directors (or persons performing the equivalent
  functions):





(a) all
significant deficiencies and material weaknesses in the design or operation of
internal control over financial reporting which are reasonably likely to
adversely affect the company’s ability to record, process, summarize and report
financial information; and





(b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the company’s internal control over financial
reporting.















Date:
 April 4, 2008




By:
 /s/Ralf
Bernhart




Ralf
Bernhart Member of
the Management Board and Chief Financial Officer
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# Web Tables on Associate’s Degree Attainers

The Department of Education’s National Center for Educational Statistics developed web tables that reflect characteristics and degree completion times for undergraduate students who entered postsecondary education for the first time in 2003–04 and whose first degree attained by spring 2009 was an associate’s degree. 

http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=2012271