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

§ 283.11 Prehearing conference and procedure. ( a ) *Time and place.* The ALJ shall direct the parties or their counsel to participate in a prehearing conference at any reasonable time prior to the hearing. The prehearing conference shall be held at the U.S. Department of Agriculture, Washington, DC. Reasonable notice of the time, place of the prehearing conference and if personal attendance will be necessary shall be given. Prehearing conferences may be conducted telephonically. The ALJ shall order each of the parties to furnish at the prehearing conference or at another time prior to the hearing the following: ( 1 ) An outline of the appeal or defense;
( 2 ) The legal theories upon which the party will rely;
( 3 ) Copies of or a list of documents that the party anticipates relying upon at the hearing; and
( 4 ) A list of witnesses who will testify on behalf of the party. At the discretion of the party furnishing such list of witnesses, the names of the witnesses need not be furnished if they are otherwise identified in some meaningful way, such as a short statement of the type of evidence they will offer.
( b ) *Procedures.* The ALJ shall not order any of the foregoing procedures that a party can show are inappropriate or unwarranted under the circumstances of the particular appeal.
( c ) *Matters to be considered.* At the prehearing conference, the following matters shall be considered: ( 1 ) The simplification of issues;
( 2 ) The necessity of amendments to pleadings;
( 3 ) The possibility of obtaining stipulations of facts and of the authenticity, accuracy, and admissibility of documents, which will avoid unnecessary proof;
( 4 ) The limitation of the number of expert or other witnesses;
( 5 ) Negotiation, compromise, or settlement of issues;
( 6 ) The exchange of copies of proposed exhibits;
( 7 ) The nature of and the date by which discovery, as provided in § 283.12, must be completed;
( 8 ) The identification of documents or matters of which official notice may be requested;
( 9 ) A schedule to be followed by the parties for the completion of the actions decided at the conference; and
( 10 ) Such other matters as may expedite and aid in the disposition of the appeal.
( d ) *Reporting.* ( 1 ) A prehearing conference will not be stenographically reported unless so directed by the ALJ.
( 2 ) Any party to the appeal may, upon motion, request the ALJ to allow for a stenographic transcript of a prehearing conference. The party requesting the transcript shall bear the transcription cost of producing the transcript and the duplication cost for one transcript provided to the ALJ and to the other parties to the appeal.
( e ) *Order.* Actions taken as a result of a conference shall be reduced to an appropriate written order, unless the ALJ concludes that a stenographic report, if available, shall suffice, or, in the event the conference takes place within 7 days of the beginning of the hearing, the ALJ elects to make a statement on the record at the hearing summarizing the actions taken.
*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this

opinion should not be published and is not precedent except under

the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-31312

Summary Calendar

GARY L. GALLOWAY,

Plaintiff-Appellant,

VERSUS

BELLSOUTH TELECOMMUNICATIONS, INC.,

Defendant-Appellee.

Appeal from the United States District Court

For the Western District of Louisiana

(96-CV-935)

July 2, 1998

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

We have carefully reviewed the briefs, the record excerpts and

relevant portions of the record itself. For the reasons stated by

the district court in its Memorandum rulings filed under dates of

November 22, 1996, and November 14, 1997, we are persuaded that the
Final Judgment entered in this case under date of December 16,

1997, should be, and the same is hereby, AFFIRMED.
118 STAT. 1196 PUBLIC LAW 108–313—OCT. 5, 2004

Public Law 108–313

108th Congress

An Act

To provide for additional lands to be included within the boundary of the Johnstown

Flood National Memorial in the State of Pennsylvania, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Johnstown Flood National Memorial Boundary Adjustment Act of 2004’’.

SEC. 2. BOUNDARY OF JOHNSTOWN FLOOD NATIONAL MEMORIAL.

The boundary of the Johnstown Flood National Memorial

(‘‘Memorial’’) is modified to include the area as generally depicted

on the map entitled ‘‘Johnstown Flood National Memorial, Cambria

County, Commonwealth of Pennsylvania’’, numbered N.E.R.O. 427/

80,008 and dated June, 2003. The map shall be on file and available

for inspection in the appropriate offices of the National Park Service,

Department of the Interior.

SEC. 3. ACQUISITION OF LANDS.

The Secretary of the Interior (‘‘Secretary’’) is authorized to

acquire from willing sellers the land or interests in land as described

in section 2 by donation, purchase with donated or appropriated

funds, or exchange.

SEC. 4. ADMINISTRATION OF LANDS.

Lands added to the Memorial by section 2 shall be administered

by the Secretary as part of the Memorial in accordance with

applicable laws and regulations.

Johnstown Flood

National

Memorial

Boundary

Adjustment Act

of 2004.

16 USC 431 note.

Oct. 5, 2004

[H.R. 1521]

PUBLIC LAW 108–313—OCT. 5, 2004 118 STAT. 1197

LEGISLATIVE HISTORY—H.R. 1521:

HOUSE REPORTS: No. 108–301 (Comm. on Resources).

SENATE REPORTS: No. 108–276 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD:

Vol. 149 (2003): Oct. 15, considered and passed House.

Vol. 150 (2004): Sept. 15, considered and passed Senate.

Æ

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

In addition to amounts otherwise made available for land

acquisition, there are authorized to be appropriated such sums

as may be necessary to carry out the purposes of this Act.

Approved October 5, 2004.
§ 201.55a Moisture and aeration of substratum. ( a ) The substratum must be moist enough to supply the needed moisture to the seeds at all times. Excessive moisture which will restrict aeration of the seeds should be avoided. Except as provided for those kinds of seeds requiring high moisture levels of the germination media, the substrata should never be so wet that a film of water is formed around the seeds. For most kinds of seeds blotters or other paper substrata should not be so wet that by pressing, a film of water forms around the finger.
( b ) The following formula may be used as a guide in the preparation of sand for germination tests: [118.3 cc. (1 gill) sand/Its weight in grams] × 20.2−8.0 = The number of cc. of water to add to each 100 grams of air-dry sand.
( c ) The amount of water provided by this formula is satisfactory for seeds the size of clovers and will have to be modified slightly, depending on the kind of seed being tested and the kind of sand used. For example, slightly more moisture should be added when the larger seeds are to be tested.
( d ) In preparing soil tests water should be added to the soil until it can be formed into a ball when squeezed in the palm of the hand but will break freely when pressed between two fingers. After the soil has been moistened it should be rubbed through a sieve and put in the seed containers without packing.
( e ) The addition of water subsequent to placing the seed in test will depend on the evaporation from the substrata in the germination chambers. Since the rate of evaporation will depend upon the relative humidity of the air, it is desirable to keep water in the germination chambers or to provide other means of supplying a relative humidity of approximately 95 percent. Germination tests should be observed at frequent intervals to insure an adequate moisture supply of the substrata at all times.
[20 FR 7931, Oct. 21, 1955]
Exhibit 10.129
 AMENDMENT NO. 11
TO
FINANCING AGREEMENT
 Amendment CS Acquisition Danielle Acquisition Chaus Company CIT Agent Lenders
 BACKGROUND
 Financing
Agreement
   Definitions
 Amendments to Financing Agreement




---



##### 



Conditions of Effectiveness
   Representations and Warranties
     Governing Law
 Headings
 Counterparts, Facsimile Signatures
  2




---



##### 



3




---



##### 



CYNTHIA STEFFE ACQUISITION, LLCBy:
    /s/ Barton HeminoverName:
    Barton HeminoverTitle:
    Chief Financial OfficerS.L. DANIELLE ACQUISITION, LLCBy:
    /s/Barton HeminoverName:
    Barton HeminoverTitle:
    Chief  Financial OfficerBERNARD CHAUS, INC.By:
    /s/ Barton HeminoverName:
    Barton HeminoverTitle:
    Chief Financial OfficerTHE CIT GROUP/COMMERCIAL SERVICES,
INC., as Agent and a LenderBy:
    Kevin J. WinschName:
    Kevin J. WinschTitle:
    Senior Vice President




---



##### 



BERNARD CHAUS INTERNATIONAL
(HONG KONG), INC.By:

/s/
Barton HeminoverName:
    Barton HeminoverTitle:
    Chief Financial OfficerBERNARD CHAUS INTERNATIONAL
(KOREA), INC.By:

/s/
Barton HeminoverName:
    Barton HeminoverTitle:
    Chief Financial OfficerCHAUS RETAIL, INC.By:
    /s/
Barton HeminoverName:
    Barton HeminoverTitle:
    Chief Financial OfficerBERNARD CHAUS INTERNATIONAL
(TAIWAN), INC.By:
    /s/
Barton HeminoverName:
    Barton HeminoverTitle:
    Chief Financial Officer
#### § 3.46 Offset against tax refunds.

USDA will take action to effect administrative offset against tax refunds due to debtors under 26 U.S.C. 6402 in accordance with the provisions of 31 U.S.C. 3720A through referral for centralized administrative offset under § 3.44.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-6247

WALTER THOMAS GODBEY,

Plaintiff - Appellant,

v.

HUBERT SIMMONS, Correctional Officer; PAUL J. MASTERSON, 

Detective,

Defendants - Appellees,

and

FEDERAL BUREAU OF PRISONS; PRINCE WILLIAM COUNTY POLICE 

DEPARTMENT,

Defendants.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Alexandria. T. S. Ellis, III, Senior 

District Judge. (1:11-cv-00704-TSE-TCB)

Submitted: June 23, 2014 Decided: July 2, 2014

Before NIEMEYER, KING, and FLOYD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Walter Thomas Godbey, Appellant Pro Se. Robert Patrick Skoff, 

COUNTY ATTORNEY’S OFFICE, Prince William, Virginia, for 

Appellees.
2

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Walter Thomas Godbey appeals the district court’s 

orders dismissing his civil rights complaint. We have reviewed 

the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. Godbey v. 

Simmons, No. 1:11-cv-00704-TSE-TCB (E.D. Va. filed Aug. 2, 2012 

& entered Aug. 3, 2012; Jan. 30, 2014). We grant Godbey’s 

motion for the appeal to be heard on the original record and his 

request that we take judicial notice of the record in his 

previous interlocutory appeal in this same civil action. 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
# L_2020248EN.01000101.xml

| 31.7.2020 | EN | Official Journal of the European Union | L 248/1 |
| --- | --- | --- | --- |

31.7.2020

EN

Official Journal of the European Union

L 248/1

---

COMMISSION DELEGATED REGULATION (EU) 2020/1138

of 27 May 2020

amending Regulation (EU) 2016/1076 of the European Parliament and of the Council in order to include the Solomon Islands in Annex I

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2016/1076 of the European Parliament and of the Council of 8 June 2016 applying the arrangements for products originating in certain states which are part of the African, Caribbean and Pacific (ACP) Group of States provided for in agreements establishing, or leading to the establishment of, Economic Partnership Agreements (1), and in particular Article 2(2) thereof,

Whereas:

| (1) | Annex I to Regulation (EU) 2016/1076 lists the countries to which the market access arrangements provided for by that Regulation apply. |
| --- | --- |

(1)

Annex I to Regulation (EU) 2016/1076 lists the countries to which the market access arrangements provided for by that Regulation apply.

| (2) | On 17 February 2020, the Council approved, on behalf of the Union, the accession of the Solomon Islands to the interim Economic Partnership Agreement between the Union and the Pacific States. Following the Solomon Islands’ deposition of its Act of Accession, the interim Economic Partnership Agreement is provisionally applied between the Union and the Solomon Islands from 17 May 2020. |
| --- | --- |

(2)

On 17 February 2020, the Council approved, on behalf of the Union, the accession of the Solomon Islands to the interim Economic Partnership Agreement between the Union and the Pacific States. Following the Solomon Islands’ deposition of its Act of Accession, the interim Economic Partnership Agreement is provisionally applied between the Union and the Solomon Islands from 17 May 2020.

| (3) | Therefore the Solomon Islands should be included in Annex I, |
| --- | --- |

(3)

Therefore the Solomon Islands should be included in Annex I,

HAS ADOPTED THIS REGULATION:

Article 1

In Annex I to Regulation (EU) 2016/1076 the following is inserted after the words ‘THE REPUBLIC OF SEYCHELLES’:

| | ‘SOLOMON ISLANDS’. |
| --- | --- |

‘SOLOMON ISLANDS’.

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 May 2020.

For the Commission

The President

Ursula VON DER LEYEN

---

(1)  
  OJ L 185, 8.7.2016, p. 1.

1

---
#### Abe Ellis and Harold Ellis, trading as Hamlin Parkway Garage, for use of Henry Perlman, appellant, v. Liberty Trust and Savings Bank, appellee.

Gen. No. 37,138.

Opinion filed November 27, 1934.

Henry Perlman, *pro se.*Wilhartz, Hirseh & Sehanfarber, for appellee; Julian H. Levi, of counsel.

Mr. Justice Sullivan

delivered the opinion of the court.
#### § 201.36c Hermetically-sealed containers.

The 5-month limitation on the date of test in §§ 201.22 and 201.30a shall not apply when the following conditions have been met:

(a) The seed was packaged within 9 months after harvest;

(b) The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 °F. with a relative humidity on one side of 90 percent and on the other side of 0 percent. Water vapor penetration or WVP is measured by the standards of the U.S. Bureau of Standards as:

gm.H2O / 24 hr. / 100 sq. in. / 100 °F. / 90% RH V.0% RH;

(c) The seed in the container does not exceed the percentage of moisture, on a wet weight basis, as listed below:

| Agricultural seeds | Percent |
| --- | --- |
| Beet, field | 7.5 |
| Beet, sugar | 7.5 |
| Bluegrass, Kentucky | 6.0 |
| Clover, crimson | 8.0 |
| Fescue, red | 8.0 |
| Mustard, India | 5.0 |
| Ryegrass, annual | 8.0 |
| Ryegrass, perennial | 8.0 |
| All others | 6.0 |

| Vegetable seeds | Percent |
| --- | --- |
| Bean, garden | 7.0 |
| Bean, lima | 7.0 |
| Beet | 7.5 |
| Broccoli | 5.0 |
| Brussels sprouts | 5.0 |
| Cabbage | 5.0 |
| Cabbage, Chinese | 5.0 |
| Carrot | 7.0 |
| Cauliflower | 5.0 |
| Celeriac | 7.0 |
| Celery | 7.0 |
| Chard, Swiss | 7.5 |
| Chives | 6.5 |
| Collards | 5.0 |
| Corn, sweet | 8.0 |
| Cucumber | 6.0 |
| Eggplant | 6.0 |
| Kale | 5.0 |
| Kohlrabi | 5.0 |
| Leek | 6.5 |
| Lettuce | 5.5 |
| Melon | 6.0 |
| Mustard, India | 5.0 |
| Onion | 6.5 |
| Onion, Welsh | 6.5 |
| Parsley | 6.5 |
| Parsnip | 6.0 |
| Pea | 7.0 |
| Pepper | 4.5 |
| Pumpkin | 6.0 |
| Radish | 5.0 |
| Rutabaga | 5.0 |
| Spinach | 8.0 |
| Squash | 6.0 |
| Tomato | 5.5 |
| Turnip | 5.0 |
| Watermelon | 6.5 |
| All others | 6.0 |

(d) The container is conspicuously labeled in not less than 8 point type to indicate

(1) that the container is hermetically sealed,

(2) that the seed has been preconditioned as to moisture content, and

(3) the calendar month and year in which the germination test was completed.

(e) The percentage of germination of vegetable seed at the time of packaging was equal to or above the standards in § 201.31.

[32 FR 12780, Sept. 6, 1967, as amended at 59 FR 64491, Dec. 14, 1994]
**Exhibit 31(b)****CERTIFICATIONS****CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER**I, David C. Stuebe, certify that:1. I have reviewed this quarterly report on Form 10-Q (this “Report”) of Alpha NR Holding, Inc.(the “Registrant”);2. Based on my knowledge, this Report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this Report;3. Based on my knowledge, the financial statements, and other financial information included inthis Report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the Registrant as of, and for, the periods presented in thisReport;4. The Registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the Registrant and have:a. Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the Registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this Report is being prepared;b. Evaluated the effectiveness of the Registrant’s disclosure controls and procedures andpresented in this Report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this Report based on such evaluation;andc. Disclosed in this Report any change in the Registrant’s internal control over financialreporting that occurred during the Registrant’s most recent fiscal quarter (the Registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the Registrant’s internal control over financialreporting;5. The Registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Registrant’s auditors and theaudit committee of the Registrant’s board of directors (or persons performing the equivalentfunctions):a. All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect theRegistrant’s ability to record, process, summarize and report financial information; and
#### The People of the State of New York, Respondent, v. Floyd D. Davis, Appellant.

Same decision as in *People*v. *Schnebley*(27 A D 2d 639), decided herewith. (Appeal from judgment of Erie County Court, convicting defendant of burglary, third degree, and grand larceny, first degree.) Present Williams, P. J., Bastow, Goldman, Henry and Del Vecehio, JJ.
I 

113TH CONGRESS 

1ST SESSION H. R. 2158 

To exempt from the Lacey Act Amendments of 1981 the expedited removal 

from the United States of certain snake species, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2013 

Mr. FLEMING introduced the following bill; which was referred to the 

Committee on Natural Resources 

A BILL 

To exempt from the Lacey Act Amendments of 1981 the 

expedited removal from the United States of certain 

snake species, 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 ‘‘Expedited Departure 

5 of Certain Snake Species Act’’. 

6 SEC. 2. COMPLIANCE WITH LACEY ACT. 

7 (a) IN GENERAL.—For purposes of the Lacey Act 

8 Amendments of 1981 (16 U.S.C. 3371 et seq.), a qualified 

9 stop of a covered snake shall not be treated as occurring 

10 in interstate commerce. 


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2 

•HR 2158 IH

1 (b) DEFINITIONS.—In this section: 

2 (1) COVERED SNAKE.—The term ‘‘covered 

3 snake’’ means any— 

4 (A) Burmese python (Python molurus 

5 bivittatus); 

6 (B) Indian python (Python molurus 

7 molurus); 

8 (C) Northern African python (Python 

9 sebae); 

10 (D) Southern African python (Python 

11 natalensis); and 

12 (E) Yellow anaconda (Eunectes notaeus). 

13 (2) DESIGNATED AIRPORT.—The term ‘‘des14 ignated airport’’ means an airport located at a des15 ignated port as defined by the United States Fish 

16 and Wildlife Service under section 14.12 of title 50, 

17 Code of Federal Regulations. 

18 (3) QUALIFIED STOP.—The term ‘‘qualified 

19 stop’’— 

20 (A) except as provided in subparagraph 

21 (C), means any intermediate stop in an airport 

22 of a covered snake in a secure container in the 

23 course of transport of such snake that— 

24 (i) begins in a designated airport; and 


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3 

•HR 2158 IH

1 (ii) ends at a place outside of the 

2 United States not later than 48 hours 

3 after such transport begins; 

4 (B) may include— 

5 (i) such a stop at an airport that is 

6 not a designated airport, to refuel or take 

7 on additional cargo or passengers; or 

8 (ii) transfer of the secure container in 

9 an airport between aircraft used for such 

10 transport outside of the United States; and 

11 (C) does not include any stop in Hawaii. 

Æ 


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I 

113TH CONGRESS 

1ST SESSION H. R. 1838 

To amend title XIX of the Social Security Act to apply the Medicaid primary 

care payment rate to additional physician providers of primary care services. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2013 

Mr. STIVERS (for himself and Mr. MORAN) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To amend title XIX of the Social Security Act to apply 

the Medicaid primary care payment rate to additional 

physician providers of primary care services. 

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 ‘‘Enhanced Access to 

5 Medicaid Services Act of 2013’’. 

6 SEC. 2. PRIMARY CARE PAYMENT RATE FOR ADDITIONAL 

7 PHYSICIAN PROVIDERS OF PRIMARY CARE 

8 SERVICES. 

9 (a) IN GENERAL.—Section 1902(a)(13)(C) of the So10 cial Security Act (42 U.S.C. 1396a(a)(13)(C)) is amended 


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2 

•HR 1838 IH

1 by striking ‘‘or pediatric’’ and inserting ‘‘neurology, psy2 chiatry, obstetrics and gynecology, or pediatric’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect on the date of enactment 

5 of this Act and shall apply to medical assistance for pri6 mary care services provided on or after that date. 

Æ 


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