alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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## Breadcrumb

            -           The Food and Nutrition Information Center      

# The Food and Nutrition Information Center

The Food and Nutrition Information Center - a leader in food and human nutrition information dissemination since 1971 - provides credible, accurate, and practical resources for nutrition and health professionals, educators, government personnel and consumers.

https://www.nal.usda.gov/fnic
#### The People of the State of New York, Respondent, v Larsella Oglesby, Appellant.

[776 NYS2d 838]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered November 6, 2002, convicting him of sexual abuse in the first degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that certain remarks made by the prosecutor during summation warrant reversal of his conviction *(see*CPL 470.05 [2]; *People v Scotti,*220 AD2d 543 [1995]). In any event, while we *agree*that some of the challenged remarks were improper, they did not deprive the defendant of a fair trial and do not warrant reversal of the judgment in the exercise of our interest of justice jurisdiction *(see People v Bryant,*163 AD2d 406, 407 [1990]; *People v Samuel,*122 AD2d 285, 286 [1986]; *cf. People v Smith,*288 AD2d 496, 497 [2001]). Ritter, J.P., Smith, H. Miller and Goldstein, JJ., concur.
I 

118TH CONGRESS 

1ST SESSION H. R. 1179 

To amend title 18, United States Code, to provide an additional tool to 

prevent certain frauds against veterans, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 24, 2023 

Mr. FITZPATRICK (for himself and Ms. SCANLON) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Crimes 

5 Against Veterans Act of 2023’’. 

6 SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS 

7 AGAINST VETERANS. 

8 (a) IN GENERAL.—Chapter 63 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 1179 IH

1 ‘‘§ 1352. Fraud regarding veterans’ benefits 

2 ‘‘(a) Whoever knowingly executes, or attempts to exe3 cute, any scheme or artifice to defraud an individual of 

4 veterans’ benefits, or in connection with obtaining vet5 eran’s benefits for that individual, shall be fined under this 

6 title, imprisoned for not more than 5 years, or both. 

7 ‘‘(b) In this section— 

8 ‘‘(1) the term ‘veteran’ has the meaning given 

9 that term in section 101 of title 38; and 

10 ‘‘(2) the term ‘veterans’ benefits’ means any 

11 benefit provided by Federal law for a veteran or a 

12 dependent or survivor of a veteran.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 for chapter 63 of title 18, United States Code, is amended 

15 by adding at the end the following: 

‘‘1352. Fraud regarding veterans’ benefits.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### Sara P. McBurnie, appellee, v. Ralph N. Bailey, appellant.

Gen. No. 8,137.

Opinion filed November 15, 1929.

Joseph Storey, for appellant. Todd, Morgan, Pendarvis & Arber, for appellee.

Mr. Presiding Justice

Boggs delivered the opinion of the court.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NICHOLAS D. STOICA,

Plaintiff

- Appellant,

v.

M c DONNELL DOUGLAS HELICOPTER COMPANY; et al.,

Defendants

- Appellees. No. 21

- 15279

D.C. No. 2:19

- cv

- 05288

- GMS

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona G. Murray Snow, District Judge, Presiding

Submitted May 17, 2022 * *

Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.

Nicholas D. Stoica appeals pro se from the district court’s judgment

dismissing his action alleging various claims in connection with his employment

termination

. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Stoica’s re quest for oral argument, set forth in the opening brief, is denied. 

# FILED

MAY 27 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 21

- 15279

dismissal under Federal Ru le of Civil Procedure 12(b)(6) on the bases of Eleventh

Amendment immunity and the applicable statute of limitations

. C holla Ready Mix,

Inc. v. Civish , 382 F.3d 969, 973 (9th Cir. 2004)

. We affirm.

The district court properly dismissed Stoica’s claim for wrongful

termination against The Boeing Company, successor

- in

- interest to McDonnell

Douglas Helicopte r Co mpany
, as time

- barred because Stoica failed to file his

action within one year of the claim’s accrual. See A riz. Rev. Stat. § 12

- 541(4)

.

The district court properly dismissed Stoica’s claims against the Industrial

Commission of Arizona as barred by the Eleventh Amendment. See Krainski v.

Nevada ex rel. Bd. of Regents of Nev

. Sys. of Higher Educ. , 616 F.3d 963, 967 (9th

Cir. 2010) ( explaining that t he Eleventh Amendment bars suits against the s tate or

its agencies and applies regardless of the nature of relief sought )

.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or ar guments and allegations raised for the first time on

appeal. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions and requests are denied.

AFFIRMED.
#### In the Matter of the Claim of Joseph Doyle, Appellant. Martih P. Catherwood, as Industrial Commissioner, Respondent.

Aulisi, J.

Appeal from a decision of the Unemployment Insurance Appeal Board which found (1) claimant disqualified from receiving benefits in that he voluntarily left his employment without good cause by provoking his discharge and (2) a forfeiture of 20 days against future benefits because claimant made a willful misrepresentation. Claimant worked as an oil burner service man for the employer for several years. The board found that complaints had been received from customers concerning the odor of alcohol on claimant’s breath. Claimant was warned about this, the last warning being given approximately one month before his discharge. When he applied for benefits claimant stated he lost his job because work was slow, although he was informed when discharged that it was because he had alcohol on his breath. There is substantial evidence to support the board’s determination. Decision affirmed, without costs. Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by Aulisi, J.
#### American Radiator and Sanitary Corporation, Appellant, v. E. J. Wilhelmi et al., Appellees.

Gen. No. 9,588.

opinion filed December 19, 1940;

rehearing denied February 4, 1941.

Higgins & Walter and William E. Austin, for appellant; Frank J. Jones, for appellees, Robert Barber, Andrew Barber and Henry J. Leser.

Opinion by

Justice Huffman.

“Hot to be published in full.”
(115 App. Div. 626)

#### THIELER v. RAYNER et al.

(Supreme Court, Appellate Division, Second Department.

November 16, 1906.)

1. Perpetuities—Suspension of Power op Alienation.

Where, by the terms of a will devising real estate, a deed executed by the life tenants and the remaindermen will convey an absolute fee, there is no restraint on alienation or violation of the rule against perpetuities, within the statute.

[Ed. Note.—For cases in point, see vol. 39, Cent. Dig. Perpetuities, §§ 45, 51.]

Appeal from Special Term, Kings County.

Action by Christian Thieler against Mary Rayner and another, individually and as executrix of Theodore Thieler, deceased, and others. From a judgment for defendants, plaintiff appeals. Affirmed.

Argued before HIRSCHBERG, P. J., and WOODWARD, RICH, MILLER, and GAYNOR, JJ.

Edward G. Nelson, for appellant.

Herbert L. Fordham (Townsend Scudder, Gotthardt A. Litthauer, and J. Mayhew Wainwright, on the brief), for respondents.

WOODWARD, J.

It distinctly appears by the terms of the will itself, the validity of which is attacked in this case, that a deed executed by the life tenants and the remaindermen would convey an absolute title in fee. Under these circumstances there is no restraint upon alienation or violation of the rule against perpetuities within the express definition of the statute.

The judgment should be affirmed, with costs. All concur.
Featured Grant OpportunitySchool Emergency Response to Violence (Project SERV) (Funding Opportunity) 

Featured Grant OpportunityShare with Youth: NOAA Student Opportunities Database

Featured Grant OpportunityShort Courses in Social Determinants of Health for Research Education in Nursing Research (Funding...

Featured Grant OpportunityComprehensive Partnerships to Advance Cancer Health Equity (CPACHE) Program (Funding Opportunity)

Featured Grant OpportunityRisk and Protective Factors of Family Health and Family Level Interventions (Funding Opportunity)

Featured Grant OpportunityPersonnel Development to Improve Services and Results for Children with Disabilities--Doctoral...

Featured Grant OpportunityStanding Announcement for Tribal Title IV-E Plan Development Grants (Funding Opportunity)

Featured Grant OpportunityProviding Research Education Experiences to Enhance Inclusivity for a Diverse Substance Use and...

Featured Grant OpportunityFY 2024 Research on School-Based Hate Crimes (Funding Opportunity)

Featured Grant OpportunityChallenge America (Funding Opportunity)

Featured Grant OpportunityResearch and Evaluation on Firearm Violence and Mass Shootings (Funding Opportunity)

Featured Grant OpportunityNational Juvenile Court Data Archive (Funding Opportunity)

Featured Grant OpportunityGraduate Research Fellowship (Funding Opportunity)

Featured Grant OpportunityCommunity Programs for Outreach and Intervention with Youth and Young Adults at Clinical High Risk...

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## Breadcrumb

            -  Announcements 
            -           Report: 2022 National Survey on Drug Use and Health (NSDUH)      

# Report: 2022 National Survey on Drug Use and Health (NSDUH)

SAMHSA released reports and detailed tables from the 2022 National Survey on Drug Use and Health (NSDUH). The materials present nationally representative data on the use of tobacco, alcohol, and drugs; substance use disorders; mental health issues; and receipt of substance use and mental health treatment among the civilian, noninstitutionalized population aged 12 or older in the United States. **Learn more.**
BEFOR E TH E DEPARTMEN TO F TRANSPORTATIO N WASHINGTON , D.C .

Agreement s Adopte d byth e Traffi c Conference s o f th e Internationa l Ai r Transpor t Associatio n 

### OST-2011 - Of/i ^

APPLICATIO N FO R APPROVA L O F AGREEMENT S

B YTH E INTERNATIONA L AI R TRANSPOR TASSOCIATIO N lAT A AGREEMEN T APPROVE D & IMMUNIZE D DOCKET OS T LOVE D & IMMUNIZE D . ^ 

### O^^ O ACTIO

N DAT E / 4 . (^ , T^ H Thi s approval andgran t

o f antitrus t immunity i s subject , wher e applicable , to condition s previousl y imposed . Thi s actio n i s etTective after 7 day s unles s apetitio n i s filedunde r 14 CF R385.3 0 o r

i i revie w i s undertake n o n th e Department' s ow n motion , i n view o f theagreement' s noncontroversia l natur e an dth e availability o f the abov e QrtSc^urs^th e 21;d^,^rjod^ 4 CF ^ 303.4 2 i s waived .

3 0 Novembe r201 1 Communication s wit h respec t t o thi s documen t shoul d b e sen t t o Dougla s E . Lavi n Regiona l Vic e Presiden t - Nort h Americ a Internationa l Ai rTranspor t Associatio n 177 6 K.St . N.W . #12"

^ Floo r Washingto n D C 2000 6
#### Cherell Taylor, Appellant, v Gin Cabel Trucking, Inc., et al., Respondents.

[776 NYS2d 249]

*273Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered on or about April 22, 2003, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants in this personal injury action met their burden of establishing, through the submitted reports of medical experts, that plaintiff had not sustained a serious injury as defined in Insurance Law § 5102 (d). Plaintiff failed to present sufficient objective evidence to overcome these submissions by demonstrating she had sustained such an injury that prevented resumption of her normal and customary activities, especially in light of the lSVa-month gap between the last documented examination by her own physician and the one examination by her medical expert, Dr. Hausknecht *(see Vaughan v Baez,*305 AD2d 101 [2003]). Concur—Buckley, PJ., Nardelli, Andrias, Sullivan and Gonzalez, JJ.
935.070 Research misconduct. ( a ) *Applicability.* The DOE research misconduct policy set forth at 10 CFR part 733 addresses research misconduct by individuals who propose, perform or review research of any kind for the Department of Energy pursuant to a contract. The regulation applies regardless of where the research or other activity is conducted or by whom.
( b ) *Definition.* Research misconduct means fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest error or differences of opinion. A finding of research misconduct means a determination, based on a preponderance of the evidence, that research misconduct has occurred, including a conclusion that there has been a significant departure from accepted practices of the relevant research community and that it be knowingly, intentionally, or recklessly committed.
[70 FR 37015, June 28, 2005]
§ 1210.401 District conventions. ( a ) Except for the initial district convention in each district, which will be called and opened by a representative of the Secretary, the Board shall call and open all district conventions.
( b ) District conventions are to be held to nominate producers and handlers as candidates for membership on the National Watermelon Promotion Board. Each district, as defined in § 1210.501, is entitled to two producer and two handler members on the Board.
( c ) There shall be two individuals nominated for each vacant position. In multi-State districts, no one State shall have nominees for more than three of the four district positions on the Board.
( d ) All producers and handlers within each district may participate in that district's convention: *Provided,* That they meet the eligibility provisions set forth in § 1210.402 of this subpart.
( e ) The convention chairperson shall be elected as provided in § 1210.403(b) of this subpart.
( f ) The Board member nomination process shall be conducted by the chairperson in conformance with the provisions of § 1210.321 of the Plan and § 1210.403 of this subpart. At the conclusion of the district convention for the initial term of office, the chairperson will provide the Secretary with: ( 1 ) The identification of that district's two nominees for each producer and handler position on the Board, and
( 2 ) A typed copy of the district convention's minutes.
This information must be provided by the chairperson to the Board staff in a manner that will ensure receipt, at the address specified in the call for the district convention, within 14 calendar days of the district convention's completion, but not later than July 8 for appointments to become effective on the following January 1. The Board staff must forward such information to the Secretary, in a manner that will ensure receipt, within 21 calendar days of completion of the district convention, but not later than July 15 for appointments to become effective on the following January 1. Further, the chairperson will immediately arrange for completion of qualification statements and other specified information by each nominee, and each nominee shall qualify by forwarding such information to the Board's office within 14 calendar days of completion of the district convention, but not later than July 8 for appointments to become effective on the following January 1. The Board staff must forward the completed qualification statements and other specified information to the Secretary, in a manner that will ensure receipt within 21 calendar days of completion of the district convention, but not later than July 15 for appointments to become effective on the following January 1. [54 FR 38205, Sept. 15, 1989, as amended at 58 FR 3355, Jan. 8, 1993; 59 FR 18948, Apr. 21, 1994; 60 FR 10799, Feb. 28, 1995]
<PAGE>
                                                                    Exhibit 32.2

                            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 CSS Industries, Inc. (the
"Company") on Form 10-Q for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I,
Clifford E. Pietrafitta, Vice President - Finance and Chief Financial Officer,
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 results of operations of the
Company.




/s/ Clifford E. Pietrafitta
-------------------------------
Clifford E. Pietrafitta
Vice President - Finance and Chief Financial Officer
(principal financial officer)

February 3, 2006
**Exhibit 32-8**
**Certificate Pursuant to Section 1350 of Chapter 63 of Title 18 United States Code**
     The undersigned officer hereby certifies, as to the Quarterly Report on Form 10-Q ofExelon Generation Company, LLC for the quarterly period ended June 30, 2005, that (i) thereport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, and (ii) the information contained in the report fairly presents, inall material respects, the financial condition and results of operations of ExelonGeneration Company, LLC.     Date: July 26, 2005 /s/ John L. Skolds         John L. Skolds    President  
17
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In connection  with the  Quarterly  Report of Geneva  Resources,  Inc. (the
"Company") on Form 10-Q for the quarter  ending  February 28, 2009 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Marcus Johnson, Chief Executive Officer/President of the Company and I, D. Bruce
Horton, Chief Financial  Officer/Treasurer 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 the  Report  fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.


Date: April 9, 2009
                                        By: /s/ MARCUS JOHNSON
                                        _____________________________________
                                            Marcus Johnson
                                            Chief Executive Officer/President


Date: April 9, 2009
                                        By: /s/ D. BRUCE HORTON
                                        _____________________________________
                                            D. Bruce Horton
                                            Chief Financial Officer/Treasurer
§ 1051.30 Reports of receipts and utilization. Each handler shall report monthly so that the market administrator's office receives the report on or before the 9th day after the end of the month, in the detail and on the prescribed forms, as follows: ( a ) Each handler that operates a pool plant shall report for each of its operations the following information: ( 1 ) Product pounds, pounds of butterfat, pounds of protein, and pounds of solids-not-fat other than protein (other solids) contained in or represented by: ( i ) Receipts of producer milk, including producer milk diverted by the reporting handler, from sources other than handlers described in § 1000.9(c); and
( ii ) Receipts of milk from handlers described in § 1000.9(c);
( 2 ) Product pounds and pounds of butterfat contained in: ( i ) Receipts of fluid milk products and bulk fluid cream products from other pool plants;
( ii ) Receipts of other source milk; and
( iii ) Inventories at the beginning and end of the month of fluid milk products and bulk fluid cream products;
( 3 ) The utilization or disposition of all milk and milk products required to be reported pursuant to this paragraph (a); and
( 4 ) Such other information with respect to the receipts and utilization of skim milk, butterfat, milk protein, and other nonfat solids as the market administrator may prescribe.
( b ) Each handler operating a partially regulated distributing plant shall report with respect to such plant in the same manner as prescribed for reports required by paragraph (a) of this section. Receipts of milk that would have been producer milk if the plant had been fully regulated shall be reported in lieu of producer milk. The report shall show also the quantity of any reconstituted skim milk in route disposition in the marketing area.
( c ) Each handler described in § 1000.9(c) shall report: ( 1 ) The product pounds, pounds of butterfat, pounds of protein, pounds of solids-not-fat other than protein (other solids) contained in receipts of milk from producers; and
( 2 ) The utilization or disposition of such receipts.
( d ) Each handler not specified in paragraphs (a) through (c) of this section shall report with respect to its receipts and utilization of milk and milk products in such manner as the market administrator may prescribe.