alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William M. Ivler et al. *v.*Maud H. Stanton et al.

House, O. J., Thim, Ryan, Shapiro and Loiselle, Ja.

Argued June 1

decided June 2, 1971

*569
      *William M. Ivler,*for the appellants (plaintiffs).

*Penfield C. Mead,*for the appellees (defendants).

Per Curiam.

The amended complaint alleges the existence of a driveway on the defendants’ land in Stamford over which the plaintiffs, abutting landowners, had by deed a reserved use in common with the defendants, for purposes of ingress and egress. Such use was to continue until there was erected on the defendants’ premises “a building or buildings of a permanent nature, ... so placed as to prevent the use of said driveway in which event the said reserved right shall terminate.” The amended complaint further alleged that the defendants “has [sic] commenced construction of a small addition to the existing building and has [sic] blocked the plaintiffs from using said right of way.”

The defendants demurred to the amended complaint on the ground that “because by the terms of the reserved right and the facts alleged the reservation has terminated and is of no further effect.” The court sustained the demurrer for the reason that the “erection of a bathroom as an addition to the existing building is permanent in nature and in and of itself, by reasonable interpretation, constitutes a ‘building.’ ” The plaintiffs failed to plead over and judgment was rendered on demurrer sustained. The plaintiffs have appealed to this court.

The function of a demurrer is to test the sufficiency of a pleading. *Mainolfi*v. *Zoning Board of Appeals,*146 Conn. 634, 636, 153 A.2d 460; see Practice Book § 106. In testing the legal sufficiency of a *570complaint on demurrer, the court is limited to and controlled entirely by the information which the complaint itself affords. *Ryan*v. *Knights of Columbus,*82 Conn. 91, 92, 72 A. 574. The hearing on a demurrer is restricted to arguments on the points of law raised by the demurrer. See 2 Stephenson, Conn. Civ. Proc. (2d Ed.), p. 471.

Whether the construction of “a small addition to the existing building” has blocked the plaintiffs’ use of their right of way was a question of fact to be determined by the trier. Whether that addition constitutes a “building or buildings” and is “of a permanent nature” depends on the facts to be adduced. See *Katsoff*v. *Lucertini,*141 Conn. 74, 77, 103 A.2d 812. There is nothing in the record to indicate what “small addition” was being constructed by the defendants, much less that the addition was to be a bathroom. Clearly, the court went beyond the limits of the information contained in the complaint. The demurrer was not well taken.

There is error, the judgment is set aside and the case is remanded with direction to overrule the demurrer.
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

LARRY MULLINS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 438 EAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 7th day of March, 2017, the Petition for Allowance of Appeal is 

DENIED.
#### § 15f.29 May I request an extension of a deadline or may I get relief for missing a deadline in these rules?

You may request that the ALJ extend a deadline in these rules, or afford you relief for missing a deadline, which he or she may do, consistent with the principles of sovereign immunity, the terms of any applicable statute, these rules, and the necessity of expeditious completion of the public business. It is the intent of USDA that the time deadlines expressed in these regulations be construed equitably to ensure resolution of eligible complaints, to the extent permitted by law.
Editorial Note on Part 1940
Editorial Note: Nomenclature changes to part 1940 appear at 80 FR 9876, Feb. 24, 2015.

§ 1940.563 Section 502 non-subsidized guaranteed Rural Housing (RH) loans. ( a ) *Amount available for allocations.* See § 1940.552(a) of this subpart.
( b ) *Basic formula criteria, data source and weight.* See § 1940.552 (b) of this subpart. The criteria used in the basic formula are: ( 1 ) State's percentage of the National number of rural occupied substandard units,
( 2 ) State's percentage of the National rural population in places of less than 2,500 population,
( 3 ) State's percentage of the national number of rural households between 80 and 100 percent of the area median income, and
( 4 ) State's percentage of the national number of rural renter households paying more than 35 percent of income for rent. The data source for each criterion is specified in paragraph (b)(5) of this section. Each criterion is assigned a specific weight according to its relevance in determining need. The percentage representing each criterion is multiplied by the weight factor and summed to arrive at a basic State factor (SF) as follows: SF = (criterion 1 × weight of 30%) + (criterion 2 × weight of 10%) + (criterion 3 × weight of 30%) + (criterion 4 × weight of 30%)
( 5 ) The data source for the criteria specified in paragraphs (b)(1) and (b)(2) of this section is the most recent decennial Census. The data source for the criteria specified in paragraph (b)(3) and (b)(4) of this section is 5-year income data from the American Community Survey (ACS) or, if needed, other Census Bureau data.
( c ) *Basic formula allocation.* See § 1940.552(c) of this subpart.
( d ) *Transition formula.* See § 1940.552(d) of this subpart. The percentage range used for Section 502 guaranteed RH loans is plus or minus 15.
( e ) *Base allocation.* See § 1940.552(e) of this subpart. Jurisdictions receiving administrative allocations do not receive base allocations.
( f ) *Administrative allocations.* See § 1940.552(f) of this subpart. Jurisdictions receiving formula allocations do not receive administrative allocations.
( g ) *Reserve.* See § 1940.552(g) of this subpart.
( h ) *Pooling of funds.* See § 1940.552(h) of this subpart. ( 1 ) Mid-year: If used in a particular fiscal year, available funds unobligated as of the pooling date are pooled and redistributed based on the formula used to allocate funds initially.
( 2 ) Year-end: Pooled funds are placed in a National Office reserve and are available as determined administratively.
( i ) *Availability of the allocation.* See § 1940.552(i) of this subpart.
( j ) *Suballocation by the State Director.* See § 1940.552(j) of this subpart. Annually, the Administrator will advise State Director's whether or not suballocation within the State Office jurisdiction will be required for the guaranteed Housing program.
( k ) *Other documentation.* Not applicable.
[56 FR 10509, Mar. 13, 1991, as amended at 80 FR 9876, Feb. 24, 2015]
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1894 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 1894

    To establish an Office of Tribal Relations in the Department of 
                              Agriculture.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 8, 2013

  Mrs. Noem introduced the following bill; which was referred to the 
                        Committee on Agriculture

_______________________________________________________________________

                                 A BILL

 
    To establish an Office of Tribal Relations in the Department of 
                              Agriculture.

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

SECTION 1. OFFICE OF TRIBAL RELATIONS.

    (a) In General.--Title III of the Department of Agriculture 
Reorganization Act of 1994 is amended by adding after section 308 (7 
U.S.C. 3125a note; Public Law 103-354) the following new section:

``SEC. 309. OFFICE OF TRIBAL RELATIONS.

    ``The Secretary shall establish in the Office of the Secretary an 
Office of Tribal Relations to advise the Secretary on policies related 
to Indian tribes.''.
    (b) Conforming Amendments.--Section 296(b) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended--
            (1) in paragraph (6)(C), by striking ``or'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(8) the authority of the Secretary to establish in the 
        Office of the Secretary the Office of Tribal Relations in 
        accordance with section 309.''.
                                 <all>
```
SERVED JANUARY 15, 2010 

•,7 n. ' 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

PIEDMONT AIRLINES, INC., 

Respondent. 

FAA DOCKET NO. CP08SO0010 

(Civil Penalty Proceeding) 

DMS NO. FAA-2008-0689 

ADMINISTRATIVE LAW JUDGE'S ORDER 

POSTPONING HEARING 

At the request for counsel for the Complainant, and with the consent 

of counsel for the Respondent, the hearing in this proceeding is postponed 

from April 6, 2010 to May 26, 2010. 

It will be held in the Department's hearing room in Washington, D.C. 

IT IS SO ORDERED. 

Isaac D. Benkin 

Administrative Law Judge 
FAA DOCKET NO. CP08SO0010 

(Civil Penalty Action) 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430, 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Maren L. Matal, Respondent's Counsel. 

US Airways, Inc. 

1401 H Street, NW, Suite 1075 

Washington, DC 2005 

TEL: (202)326-5162 

FAX: (202)898-2039 

Mark W. Atwood 

Alison B. Macdonald 

Sher &. Blackwell, LLP 

1850MSt.,N.W. 

Washington, D.C. 20036 

Telephone: (202) 436-2513 

Facsimile: (202) 463-4950 

Zachary M. Berman, Complainant's Counsel 

Office of the Regional Counsel 

Federal Aviation Administration 

One Aviation Plaza 

Jamaica, NY 11434 

TEL: (718)553-3258 

FAX: (718)995-5699 

The Honorable Isaac D. Benkin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: Attorney 202-366-2139 

Legal Assistant 202-366-2132 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: 

Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 

2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
IB 

House Calendar No. 57 

113TH CONGRESS 

1ST SESSION H. R. 185 

[Report No. 113–232] 

To designate the United States courthouse located at 101 East Pecan Street 

in Sherman, Texas, as the ‘‘Paul Brown United States Courthouse’’. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2013 

Mr. HALL introduced the following bill; which was referred to the Committee 

on Transportation and Infrastructure 

SEPTEMBER 27, 2013 

Additional sponsors: Mr. HINOJOSA, Mr. SAM JOHNSON of Texas, Ms. 

GRANGER, Mr. POE of Texas, Mr. BURGESS, Mr. BRADY of Texas, Mr. 

CULBERSON, Mr. SMITH of Texas, Mr. CUELLAR, Mr. DOGGETT, Mr. 

GOHMERT, Mr. HENSARLING, Mr. BARTON, Mr. AL GREEN of Texas, Mr. 

MCCAUL, Mr. CONAWAY, Mr. THORNBERRY, Mr. WEBER of Texas, Mr. 

FLORES, Mr. NEUGEBAUER, Mr. MARCHANT, Mr. WILLIAMS, Mr. 

FARENTHOLD, Mr. GENE GREEN of Texas, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. CARTER, Mr. STOCKMAN, Mr. OLSON, and Mr. VELA

SEPTEMBER 27, 2013 

Referred to the House Calendar and ordered to be printed 


sroberts on DSK5SPTVN1PROD with BILLS
2 

•HR 185 RH

A BILL 

To designate the United States courthouse located at 101 

East Pecan Street in Sherman, Texas, as the ‘‘Paul 

Brown United States Courthouse’’. 


sroberts on DSK5SPTVN1PROD with BILLS
3 

•HR 185 RH

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

3 SECTION 1. DESIGNATION. 

4 The United States courthouse located at 101 East 

5 Pecan Street in Sherman, Texas, shall be known and des6 ignated as the ‘‘Paul Brown United States Courthouse’’. 

7 SEC. 2. REFERENCES. 

8 Any reference in a law, map, regulation, document, 

9 paper, or other record of the United States to the United 

10 States courthouse referred to in section 1 shall be deemed 

11 to be a reference to the ‘‘Paul Brown United States Court12 house’’. 


sroberts on DSK5SPTVN1PROD with BILLS
House Calendar No. 57 

113TH CONGRESS 

1ST SESSION H. R. 185 

[Report No. 113–232] 

A BILL 

To designate the United States courthouse located 

the ‘‘Paul Brown United States Courthouse’’. at 101 East Pecan Street in Sherman, Texas, as 

SEPTEMBER 27, 2013 

Referred to the House Calendar and ordered to be 

printed 


sroberts on DSK5SPTVN1PROD with BILLS
§ 1488.4 Submission of requests for sale registrations. ( a ) An eligible exporter shall submit a request for a sale registration for financing to the office specified in § 1488.22.
( b ) Requests for sale registrations shall be in writing. If such a request is made by telephone, it must be confirmed by letter or wire.
( c ) The total amount requested to be registered under a sale shall not exceed the sale contract value, including the upward tolerance, if any.
( d ) Requests for sale registration shall incorporate by reference all terms and conditions of GSM-5. The following information shall also be included in the exporter's request for a sale registration: ( 1 ) The name, class, grade, or quality, as applicable, and quantity of the commodity to be exported.
( 2 ) The country of destination.
( 3 ) The port value of the commodity to be exported and the sale contract tolerance, if applicable.
( 4 ) The date of sale and exporter's sale number.
( 5 ) The date of delivery or the period for delivery and the month in which application for payment will be submitted.
( 6 ) The financing period.
( 7 ) Whether the bank obligation assuring payment of the account receivable will be issued by a U.S. bank, branch bank, or foreign bank. If it will be issued by a foreign bank, its name and address, and the name of the confirming U.S. bank, branch bank, or agency bank (if approved as provided in § 1488.12b), and the percentage of confirmation.
( 8 ) The name and address of the foreign importer.
( 9 ) If delivery of the commodity to be exported is before export in a warehouse, the name and address of the warehouse to which delivery is to be made.
( 10 ) If the commodity will be sold through an intervening purchaser, the name and address of the intervening purchaser, and a statement that the sale of the commodity is or will be conditioned on its resale by the intervening purchaser and that the commodity will be shipped directly to the foreign importer in the destination country specified in paragraph (d)(2) of this section pursuant to a contract in which the foreign importer agrees to pay the U.S. exporter the amount to be financed in accordance with the terms of GSM-5 financing agreement.
( 11 ) Any additional information as determined by CCC.
[42 FR 10999, Feb. 25, 1977, as amended by Amdt. 5, 43 FR 25992, June 16, 1978]
#### §§ 1734.13-1734.19 [Reserved]
# Holland&

# Knight

2099 Pennsylvania Avenue, N.W., Suite 100 I Washington, DC 20006 I T 202.955.3000 I F 202.955.5564 Holland & Knight LLP I www.hklaw.com

Anita M. Mosner 202.419.2604 anita.mosner@hklaw.com@hklaw.com July27, 2011 VIA ELECTRONIC MAIL Esta Rosenberg Chief, U.S. Carrier licensing Division Department ofTransportation 1200 NewJerseyAvenue, SE Washington, D.C. 20590 Re: Amended Application ofUnited Parcel Service Co. foran Exemption and Designation: DocketOST-2011-0141 Dear Esta: On July 25, United Parcel Service Co. (UPS) submitted an amended application for exemption authority and a designation to hold out scheduled foreign air transportation of property and mail between the United States and Vietnam. 1 UPS polled all persons served with the Amended Application and hereby inform the Department that no party has any objection to the Amended Application. Accordingly, UPS requests that the Departmentgrantthe Amended Application as soon as possible.

# Since~/V

I M. Mosner Attorney for United Parcel Service Co. cc: All parties Brett Kruger Dorothy Beard

1The original application was filed on July 19 and also requested certificate authority. TheJuly 25 amendmentwithdrewthe requestfor certificate authority. Carriers were polled with no objections on both the original application and the amendment.
§ 15e.160 Communications. ( a ) The agency shall take appropriate steps to ensure effective communication with applicants, participants, personnel of other Federal entities, and members of the public. ( 1 ) The agency shall furnish appropriate auxiliary aids where necessary to afford an individual with handicaps an equal opportunity to participate in, and enjoy the benefits of, a program or activity conducted by the agency. ( i ) In determining what type of auxiliary aid is necessary, the agency shall give primary consideration to the requests of the individual with handicaps.
( ii ) The agency need not provide individually prescribed devices, readers for personal use or study, or other devices of a personal nature.
( 2 ) Where the agency communicates with applicants and beneficiaries by telephone, telecommunication devices for deaf persons (TDD's) or equally effective telecommunication systems shall be used to communicate with persons with impaired hearing.
( b ) The agency shall ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location of accessible services, activities, and facilities.
( c ) The agency shall provide signage at a primary entrance to each of its inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities. The international symbol for accessibility shall be used at each primary entrance of an accessible facility.
( d ) This section does not require the agency to take any action that it can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue financial and administrative burdens. In those circumstances where agency personnel believe that the proposed action would fundamentally alter the program or activity or would result in undue financial and administrative burdens, the agency has the burden of proving that compliance with § 15e.160 would result in such alteration or burdens. The decision that compliance would result in such alteration or burdens must be made by the agency head or his or her designee after considering all agency resources available for use in the funding and operation of the conducted program or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. If an action required to comply with this section would result in such an alteration or such burdens, the agency shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with handicaps receive the benefits and services of the program or activity.
Nicor
Inc.


Form 10-K


Exhibit
23.01








CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We
consent to the incorporation by reference in Registration Statement Nos.
33-1732, 333-107377, 333-107375, 333-28699 and 333-140866 on Form S-8 of our
report, dated February 25, 2008, relating to the financial statements and
financial statement schedule of Nicor Inc. (which expresses an unqualified
opinion and includes an explanatory paragraph related to a change, in 2007, in
method of recognizing and measuring income tax positions as discussed in Note
2), and the effectiveness of Nicor Inc.’s internal control over financial
reporting, appearing in this Annual Report on Form 10-K of Nicor Inc. for the
year ended December 31, 2007.





/s/
DELOITTE & TOUCHE LLP





Chicago,
Illinois


February
25, 2008
#### § 1709.601 Policy.

This subpart prescribes the policies of the Rural Utilities Service (RUS) when it is subsequently determined that the recipient of an Assistance to High Energy Cost Rural Communities program loan or grant was not eligible for all or part of the financial assistance received or that the assistance received was used for unauthorized purposes. It is the policy of the Agency that when assistance under this part has been received by an ineligible recipient or used for unauthorized purposes the Agency shall initiate appropriate actions to recover from the recipient the sum that is determined to be ineligible or used for unauthorized purposes, regardless of amount, unless any applicable statute of limitation has expired. The Agency shall make full use of available authority and procedures, including but not limited to those available under 2 CFR part 200, as adopted by USDA through 2 CFR part 400.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014]
§ 15f.13 What is the function of the ALJ and who may communicate with him? ( a ) *What are the powers of the ALJ?* The ALJ is responsible for conducting a hearing at your request on your Section 741 Complaint Request. He or she will have all powers prescribed in these rules and will make a proposed determination on your complaint. The proposed determination then will become the final determination after 35 days, unless the ASCR reviews the proposed determination.
( b ) *What is an ex parte communication?* An *ex parte* communication is a communication by one party to a proceeding with the ALJ outside of the presence of, or without notice to, the other parties to a proceeding. *Ex parte* communications in the proceedings on your complaint are prohibited and will be handled as follows: ( 1 ) The ALJ will not engage in *ex parte* communications regarding the merits of a complaint with any party or with any person having any interest in the proceedings on the complaint, including OCR and any person in an advocacy or investigative capacity, at any time between the assignment of a hearing to him or her and the issuance of a proposed determination. This prohibition does not apply to: ( i ) Discussions of procedural matters related to the complaint; or
( ii ) Discussions of the merits of the complaint where all parties to the proceeding on the complaint have been given notice and an opportunity to participate.
( 2 ) In the case of a communication described in paragraph (b)(1)(ii) of this section, a memorandum of any such discussion shall be included in the hearing record.
( 3 ) No party to the proceeding or other interested person shall make or knowingly cause to be made to the ALJ an *ex parte* communication relevant to the merits of the complaint.
( 4 ) If the ALJ receives an *ex parte* communication in violation of this section, the ALJ will place in the written record: ( i ) All such written communications;
( ii ) Memoranda stating the substance of all such oral communications; and
( iii ) All written responses to such communications, and memoranda stating the substance of any oral responses to such communications.
( c ) Upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this section the ALJ may, to the extent consistent with the interests of justice and the policy underlying these proceedings, require the party or other interested person making the communication to show cause why such party's claim or interest in the complaint should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.
[63 FR 67394, Dec. 4, 1998, as amended at 68 FR 27449, May 20, 2003]
#### § 1726.254 [Reserved]