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

## Court of Appeals First District of Texas

NO. 01

- 14

- 00269

- CV

ADOLFO R. MARTINEZ , Appellant

V.
NOEL P. BENAVIDES, P ABLO A. MARTINEZ, IN C., DR. JAVIER TADEO RAMIREZ, JUDITH CHRI STINA R. BARRERA, IN DIVIDUALLY AND AS EXECUTRIX OF THE EST ATE OF EVANGELINA H. RAM IREZ, MARIA CECILIA R. BENAVIDES, INDIVI DUALLY AND AS EXECUT RIX OF THE ESTATE OF EVANGELINA H. RAMIRE Z, CLAUDIA RAMIREZ M ATHERS, AND LETICIA R. REYES , Appellee s Appeal from the 229th District Court of Starr County. (Tr. Ct. No. DC

- 03

- 350 ).
This case is an appeal from the final judgment signed by the trial court on December 9, 2013. After submitting the case on the appellate record and the arguments properly raised by the parties, the Court holds that there was error in the portion o f the trial court’s judgment that dismissed appellant’s claims with prejudice. Accordingly, the Court modifies the referenced portion of the trial court’s judgment to strike the words “with prejudice,” and remands the case to the trial court for an oral hearing on the motion to reinstate.The Court orders that the appellant, Adolfo R. Martinez, pay one half of the

appellate costs. The Court orders that the appellees, Noel P. Benavides, Pablo A. Martinez, Inc., Dr . Javier Tadeo Ramirez, Judith Christina R. Barrera, Individually and as Executrix of the Estate of Evangelina H. Ramirez, Maria Cecilia R. Benavides, Individually and as Executrix of the Estate of Evangelina H. Ramirez, Claudia Ramirez Mathers, and Letici a R. Reyes, jointly and severally, pay one half of the appellate costs.

The Court orders that this decision be certified below for observance.

Judgment rendered March 31 , 2015.
Panel consists of Justices Jennings, Higley, and Huddle. Opinion delivered by Justice Huddle.
#### § 29.3014 Condition.

The state of tobacco which results from the method of preparation or from the degree of fermentation. Words used to describe the condition of tobacco are as follows: Undried, air-dried, steam-dried, sweating, sweated, and aged. Burley is air-dried or steam-dried for storage and aging.

[24 FR 8771, Oct. 29, 1959. Redesignated at 49 FR 16757, Apr. 20, 1984]
MONTHLY MAINTENANCE LOG 

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§ 205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as “organic.” Only the following nonorganically produced agricultural products may be used as ingredients in or on processed products labeled as “organic,” only in accordance with any restrictions specified in this section, and only when the product is not commercially available in organic form. ( a ) Carnauba wax
( b ) Casings, from processed intestines.
( c ) Celery powder.
( d ) Colors derived from agricultural products—Must not be produced using synthetic solvents and carrier systems or any artificial preservative. ( 1 ) Beet juice extract color—derived from *Beta vulgaris* L., except must not be produced from sugarbeets.
( 2 ) Beta-carotene extract color—derived from carrots (*Daucus carota* L.) or algae (*Dunaliella salina*).
( 3 ) Black/purple carrot juice color—derived from *Daucus carota* L.
( 4 ) Chokeberry, aronia juice color—derived from *Aronia arbutifolia* (L.) Pers. or *Aronia melanocarpa* (Michx.) Elliott.
( 5 ) Elderberry juice color—derived from *Sambucus nigra* L.
( 6 ) Grape skin extract color—derived from *Vitis vinifera* L.
( 7 ) Purple sweet potato juice color—derived from *Ipomoea batatas* L. or *Solanum tuberosum* L.
( 8 ) Red cabbage extract color—derived from *Brassica oleracea* L.
( 9 ) Red radish extract color—derived from *Raphanus sativus* L.
( 10 ) Saffron extract color—derived from *Crocus sativus* L.
( e ) Cornstarch (native).
( f ) Fish oil (Fatty acid CAS #'s: 10417-94-4, and 25167-62-8)—stabilized with organic ingredients or only with ingredients on the National List, §§ 205.605 and 205.606.
( g ) Fructooligosaccharides (CAS # 308066-66-2).
( h ) Gelatin (CAS # 9000-70-8).
( i ) Glycerin (CAS # 56-81-5)—produced from agricultural source materials and processed using biological or mechanical/physical methods as described under § 205.270(a).
( j ) Gums—water extracted only (Arabic; Guar; Locust bean; and Carob bean).
( k ) Inulin—oligofructose enriched (CAS # 9005-80-5).
( l ) Lecithin—de-oiled.
( m ) Orange pulp, dried.
( n ) Orange shellac—unbleached (CAS # 9000-59-3).
( o ) Pectin (non-amidated forms only).
( p ) Potassium acid tartrate.
( q ) Seaweed, Pacific kombu.
( r ) Tamarind seed gum.
( s ) Tragacanth gum (CAS # 9000-65-1).
( t ) Wakame seaweed (*Undaria pinnatifida*).
( u ) — ( w ) [Reserved]
[72 FR 35140, June 27, 2007, as amended at 75 FR 77524, Dec. 13, 2010; 77 FR 8092, Feb. 14, 2012; 77 FR 33299, June 6, 2012; 77 FR 44429, July 30, 2012; 78 FR 31821, May 28, 2013; 79 FR 58663, Sept. 30, 2014; 80 FR 77234, Dec. 12, 2015; 82 FR 31244, July 6, 2017; 83 FR 66571, Dec. 27, 2018; 84 18136, Apr. 30, 2019; 85 FR 70435, Nov. 5, 2020; 87 FR 10938, Feb. 28, 2022; 88 FR 33816, May 25, 2023]
###### Editorial Note on Subchapter C of Chapter II

#### Editorial Note:

Nomenclature changes to subchapter C appear by Amdt. 381, 65 FR 64586, Oct. 30, 2000.

#### § 283.14 Fees of witnesses.

Witnesses summoned under these rules shall be paid the same fees and expenses that are paid witnesses in the courts of the United States. Fees shall be paid by the party at whose request the witness appears. Current Federal, State, or local government employees shall not be eligible to receive witness fees.
#### LAWRENCE et al., Appellants, v. SIAS, Respondent.

(Supreme Court, Appellate Division, First Department.

June 15, 1906.)

Action by George H. Lawrence and another against Arthur W. Sias, individually, etc. H. W. Alden, for appellants. J. R. Halsey, for respond*1126ent.

No opinion. Order affirmed, with $10 costs and disbursements. Order filed,
#### § 29.2311 Type 21.

That type of fire-cured tobacco, known as Virginia Fire-cured or Dark-fired, produced principally in the Piedmont and mountain sections of Virginia.

[37 FR 13521, July 11, 1972. Redesignated at 51 FR 40406, Nov. 7, 1986]
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DISM ISSED.

Fi n al l y , t h e m o t h er i s i n fo rm ed t h at a ju v en i l e co u rt m ay g ran t an o u t -o f-t i m e

ap p li cat io n i f a paren t ’ s ap p e l l a t e d u e p ro ces s ri g h t s were fru st rat ed b y i n effect i v e

as s i s tan ce o f co u ns el

. See In t he In t er es t o f B. R. F

. , 2 9 9 G a

. 2 9 4, 2 9 8 (7 8 8 SE2 d January 22, 20214 1 6 ) (2 0 1 6 ). Th i s d et erm i nat i o n m u s t be m ad e b y t h e j u v e ni l e co u rt i n t h e fi rs t

i n s t an ce. Id

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia

C le r k ’ s O f f i c e

, A t la n t a

,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r t i f y th a t t h e a b o v e i s a t r u e e x t r a c t f r o m

t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d t h e s e a l o

f s a i d c o u r t

h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 01/22/2021
98-1398.

#### State ex rel. Pilgrim v. Ohio Dept. of Rehab. & Corr.

In Mandamus. On answer of respondent. Answer treated as motion to dismiss. Motion to dismiss sustained. Cause dismissed.

Moyer, C. J., Douglas, Resnick, F.E. Sweeney, Cook and Lundberg Stratton, JJ., concur.

Pfeifer, J., dissents.
#### The State of Ohio, Appellant, *v.*Dempsey, Appellee.

[Cite as *State v. Dempsey*(1998), 83 Ohio St.3d 107.]

(No. 98-7

Submitted August 19, 1998

Decided September 16, 1998.)

*Stephanie Tubbs Jones,*Cuyahoga County Prosecuting Attorney, *L. Christopher Frey*and *Arthur A. Elkins,*Assistant Prosecuting Attorneys, for appellant.

*Philip J. Korey,*for appellee.

*108The judgment of the court of appeals is reversed on the authority of *State v. Rush*(1998), 83 Ohio St.3d 53, 697 N.E.2d 634.

Moyer, C,J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
#### § 1c.113 Suspension or Termination of IRB Approval of Research.

An IRB shall have authority to suspend or terminate approval of research that is not being conducted in accordance with the IRB's requirements or that has been associated with unexpected serious harm to subjects. Any suspension or termination of approval shall include a statement of the reasons for the IRB's action and shall be reported promptly to the investigator, appropriate institutional officials, and the department or agency head.

(Approved by the Office of Management and Budget under Control Number 0990-0260)
[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Notices]
[Page 70969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29151]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY


Submission for OMB Review; Comment Request

November 12, 2010.
    The Department of the Treasury will submit the following public 
information collection requirement to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13 on or 
after the date of publication of this notice. A copy of the submission 
may be obtained by calling the Treasury Bureau Clearance Officer 
listed. Comments regarding this information collection should be 
addressed to the OMB reviewer listed and to the Treasury PRA Clearance 
Officer, Department of the Treasury, 1750 Pennsylvania Avenue, NW., 
Suite 11010, Washington, DC 20220.
    Dates: Written comments should be received on or before December 
20, 2010 to be assured of consideration.

Bureau of the Public Debt (BPD)

    OMB Number: 1535-0112.
    Type of Review: Extension without change of a currently approved 
collection.
    Title: Sale and Issue of Marketable Book-Entry Treasury Bills, 
Notes and Bonds.
    Abstract: Information needed in order to process tender and to 
ensure compliance with Treasury Auction Rules.
    Respondents: Individuals and Households.
    Estimated Total Burden Hours: 1 hour.

    OMB Number: 1535-0128.
    Type of Review: Extension without change of a currently approved 
collection.
    Title: Direct Deposit Sign-Up Form.
    Form: PD F 5396.
    Abstract: Used to process payment data to the financial 
institution.
    Respondents: Individuals and Households.
    Estimated Total Burden Hours: 3,060 hours.

    OMB Number: 1535-0069.
    Type of Review: Revision of a currently approved collection.
    Title: Treasury Direct Forms.
    Forms: 5261, 5181, PD F 5189, PD F 5178, PD F 5179-1, PD F 5180, PD 
F 5381, PD F 5179, PD F 5182, PD F 5236, PD F 5235, PD F 5188, PD F 
5191.
    Abstract: Used to purchase and maintain Treasury Bills, Notes and 
Bonds.
    Respondents: Individuals and Households.
    Estimated Total Burden Hours: 25,018 hours.

    Bureau Clearance Officer: Bruce Sharp, Bureau of the Public Debt, 
200 Third Street, Parkersburg, West Virginia 26106; (304) 480-8112.
    OMB Reviewer: Shagufta Ahmed, Office of Management and Budget, New 
Executive Office Building, Room 10235, Washington, DC 20503; (202) 395-
7873.

Celina Elphage,
Treasury PRA Clearance Officer.
[FR Doc. 2010-29151 Filed 11-18-10; 8:45 am]
BILLING CODE 4810-39-P
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER,

Plaintiff,

v. Case No. 3:20cv4698-TKW-HTC

ESCAMBIA COUNTY BOARD OF

COMMISSIONERS and RAYME

EDLER,

Defendants.

________________________________/

ORDER SUBSTITUTING COUNSEL

Upon due consideration of the stipulated motion to withdraw and substitution 

of counsel (Doc. 50), it is

ORDERED that the motion is GRANTED, and Travis P. Lampert is 

substituted for Jeremiah J. Talbott as counsel of record for Plaintiff. Mr. Talbott 

shall have no further obligation to represent Plaintiff in this case and the Clerk shall 

terminate him as counsel of record for Plaintiff in the CM/ECF system.

DONE and ORDERED this 30th day of April, 2021.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-04698-TKW-HTC Document 51 Filed 04/30/21 Page 1 of 1
§ 245.4 Exceptions for Puerto Rico and the Virgin Islands. Because the State agencies of Puerto Rico and the Virgin Islands provide free meals or milk to all children in schools under their jurisdiction, regardless of the economic need of the child's family, they are not required to make individual eligibility determinations or publicly announce eligibility criteria. Instead, such State agencies may use a statistical survey to determine the number of children eligible for free or reduced price meals and milk on which a percentage factor for the withdrawal of special cash assistance funds will be developed subject to the following conditions: ( a ) State agencies shall conduct a statistical survey once every three years in accordance with the standards provided by FNS;
( b ) State agencies shall submit the survey design to FNS for approval before proceeding with the survey;
( c ) State agencies shall conduct the survey and develop the factor for withdrawal between July 1 and December 31 of the first school year of the three-year period;
( d ) State agencies shall submit the results of the survey and the factor for fund withdrawal to FNS for approval before any reimbursement may be received under that factor;
( e ) State agencies shall keep all material relating to the conduct of the survey and determination of the factor for fund withdrawal in accordance with the record retention requirements in § 210.8(e)(14) of this chapter;
( f ) Until the results of the triennial statistical survey are available, the factor for fund withdrawal will be based on the most recently established percentages. The Department shall make retroactive adjustments to the States' Letter of Credit, if appropriate, for the year of the survey;
( g ) If any school in these States wishes to charge a student for meals, the State agency, School Food Authority and school shall comply with all the applicable provisions of this part and parts 210, 215 and 220 of this chapter.
(Sec. 9, Pub. L. 95-166, 91 Stat 1336 (42 U.S.C. 1759a); secs. 807 and 808, Pub. L. 97-35, 95 Stat. 521-535, 42 U.S.C. 1772, 1784, 1760; 44 U.S.C. 3506)
[Amdt. 18, 45 FR 52771, Aug. 8, 1980, as amended at 46 FR 51366, Oct. 20, 1981; 47 FR 746, Jan. 7, 1982]
ASSIGNMENT
                             OF
           SALE AND LEASEBACK FINANCING COMMITMENT

      THIS ASSIGNMENT made and entered into this 17th day of
November, 1997, by and between AEI FUND MANAGEMENT, INC.,  a
Minnesota corporation, ("Assignor") and AEI REAL ESTATE FUND
XV  LIMITED  PARTNERSHIP,  a Minnesota  limited  partnership
("Assignee");

     WITNESSETH, that:

      WHEREAS, on the 23rd day of September, 1997,  Assignor
entered into a Sale and Leaseback Financing Commitment ("the
Commitment")  for  that  certain property  located  at  3590
Second  Street  South, St. Cloud, MN (the  "Property")  with
Timber Lodge Steakhouse, Inc., as Seller/Lessee; and

     WHEREAS, Assignor desires to assign an undivided thirty
and  seven hundred ninety-four thousandths percent (30.794%)
of  its  rights,  title and interest in, to  and  under  the
Commitment to Assignee as hereinafter provided;

      NOW, THEREFORE, for One Dollar ($1.00) and other  good
and  valuable  consideration, receipt  of  which  is  hereby
acknowledged,  it is hereby agreed between  the  parties  as
follows:

     1.    Assignor  assigns all of its  rights,  title  and
     interest  in, to and under the Commitment to  Assignee,
     to  have  and  to hold the same unto the Assignee,  its
     successors and assigns;
     
     2.    Assignee  hereby  assumes all  rights,  promises,
     covenants,   conditions  and  obligations   under   the
     Commitment  to be performed by the Assignor thereunder,
     and  agrees  to be bound for all of the obligations  of
     Assignor under the Commitment.

All  other  terms  and  conditions of the  Commitment  shall
remain unchanged and continue in full force and effect.

AEI FUND MANAGEMENT, INC.
("Assignor")


By:   /s/ Robert P Johnson
          Robert P. Johnson, its President

AEI REAL ESTATE FUND XV
LIMITED PARTNERSHIP (OAssigneeO)

BY: AEI FUND MANAGEMENT 86-A, INC..


By:  /s/ Robert P Johnson
         Robert P. Johnson, its President
#### § 28.38 Lower class (of two samples) to determine classification.

If a sample drawn from one portion of a bale is lower class than one drawn from another portion of such bale, except as otherwise provided in this subpart, the classification of the bale shall be that of the sample showing the lower class.

[81 FR 7029, Feb. 10, 2016]
§ 1788.1 General and definitions. ( a ) The standard forms of documents covering loans made or guaranteed by the Rural Utilities Service contain provisions regarding insurance and fidelity coverage to be maintained by each borrower. This part implements those provisions by setting forth the requirements to be met by all borrowers.
( b ) As used in this part: *Borrower* means any entity with any outstanding loan made or guaranteed by RUS.
*Irregularity* has the meaning found in § 1773.2.
*Loan documents* means the loan agreement, notes, and mortgage evidencing or used in conjunction with an RUS loan.
*Mortgage* means the mortgage, deed of trust, security agreement, or other security document securing an RUS loan.
*Mortgaged property* means any property subject to the lien of a mortgage.
*RUS* means the Rural Utilities Service and includes the Rural Telephone Bank.
*RUS loan* means a loan made or guaranteed by RUS.
( c ) RUS may revise these requirements on a case by case basis for borrowers with unusual circumstances.
§ 205.621 Submission and determination of proposed State organic programs and amendments to approved State organic programs. ( a ) A State organic program's governing State official must submit to the Secretary a proposed State organic program and any proposed amendments to such approved program. ( 1 ) Such submission must contain supporting materials that include statutory authorities, program description, documentation of the environmental conditions or specific production and handling practices particular to the State which necessitate more restrictive requirements than the requirements of this part, and other information as may be required by the Secretary.
( 2 ) Submission of a request for amendment of an approved State organic program must contain supporting materials that include an explanation and documentation of the environmental conditions or specific production and handling practices particular to the State or region, which necessitates the proposed amendment. Supporting material also must explain how the proposed amendment furthers and is consistent with the purposes of the Act and the regulations of this part.
( b ) Within 6 months of receipt of submission, the Secretary will: Notify the State organic program's governing State official of approval or disapproval of the proposed program or amendment of an approved program and, if disapproved, the reasons for the disapproval.
( c ) After receipt of a notice of disapproval, the State organic program's governing State official may submit a revised State organic program or amendment of such a program at any time.
OSWER/OSRTI

Washington, DC 20460

N P L (NPL) ATIONAL RIORITIES IST 

***Final Site*** September 2010 

BLACK RIVER PCBS Jefferson County, New York

 Site Location:

The Black River PCBs site is located in northern New York State, east of Watertown, NY. 

 Site History:

The Black River PCBs site consists of PCB-contaminated sediment that was at least in part the result of wastewater 

discharge from the Carthage/West Carthage Water Pollution Control Facility (i.e., the sewage treatment plant [STP]). 

Historical information indicates that tanneries, paper mills, and other industries have operated along the Black River in the 

Villages of Carthage and West Carthage since the 1890s. Two active paper mills, one inactive paper mill, a machine shop, 

the Carthage/West Carthage STP, and a hydroelectric power plant are currently located along the Black River in the 

Villages of Carthage and West Carthage.

 Site Contamination/Contaminants:

The source under consideration consists of PCB-contaminated wastewater discharge from the Carthage/West Carthage 

STP. The STP treats industrial and municipal wastewaters from the surrounding area and discharges its effluent to the 

Black River. The hazardous substances affecting the effluent and downstream sediments are PCBs (polychlorinated 

biphenyls). Sampling and analysis by the New York State Department of Environmental Conservation (NYSDEC) in 1998 

showed the presence of PCBs in wastewater at the Carthage/West Carthage STP. Analytical results indicated PCBs in both 

paper mill and municipal wastewaters. 

 Potential Impacts on Surrounding Community/Environment: 

Effluent samples collected by NYSDEC in 1997 and 1999, and the sediment samples collected by EPA in June 2009, 

document PCB contamination of the Black River fishery. 

 Response Activities (to date):

In June 2009, EPA completed extensive sediment sampling and confirmed the presence of PCBs downstream of the past 

and present paper mills and the STP. 

 Need for NPL Listing:

The State of New York referred the site to EPA because the PCB contamination warrants further investigation. EPA 

received a letter of support for placing this site on the NPL from the state. 

[The description of the site (release) is based on information available at the time the site was evaluated with the HRS. The description may change 

as additional information is gathered on the sources and extent of contamination.]

For more information about the hazardous substances identified in this narrative summary, including general information regarding the effects of exposure to these 

substances on human health, please see the Agency for Toxic Substances and Disease Registry (ATSDR) ToxFAQs. ATSDR ToxFAQs can be found on the Internet 

at http://www.atsdr.cdc.gov/toxfaq.html or by telephone at 1-888-42-ATSDR or 1-888-422-8737.
DISCRETIONARY APPEALS ALLOWED

98- 1256.

#### State v. Jones.

Athens App. No. 97CA42. *Sua sponte,*cause held for the decision in 97-1985, *State v. Cook,*Allen App. No. 1-97-21; briefing schedule stayed.