alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Marcelynn Etheridge, Appellant, v Bernie Magrino, Respondent.

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Kings County, entered September 11, 1979, which denied her motion for summary judgment. Order affirmed, with $50 costs and disbursements. There are issues of fact as to the speed of defendant’s vehicle, its distance from the car in front of it and the existence, if any, of an emergency situation which resulted in defendant’s vehicle veering into a pole to avoid the other car (see *Ugarriza v Schmieder, 46*NY2d 471; *Borgesano v Hertz Corp.,*69 AD2d 894). Damiani, J. P., Titone, Gulotta and Margett, JJ., concur.
36.609-4 Requirements for registration of designers.       Insert the clause at 52.236-25, Requirements for Registration of Designers, in architect-engineer contracts, except that it may be omitted when the design will be performed-                                       (a) 						            Outside the United States and its outlying areas; or                                          (b) 						            In a State or outlying area of the United States that does not have registration requirements for the particular field involved.    **Parent topic:** 36.609 Contract clauses.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pane l unani m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T MAR T HA AN GE L I C A JAC OB OR OMAN ; OS C ARS AN DO VA L AI S P UR O, P et i t i o n ers, v. E R I C H . H O L D E R , J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N o. 09- 71081 A ge nc yN os . A 095- 314- 829

A 095- 314- 830 ME MOR AN DU M *

O n P e t i t i on f

orR e vi e w of

an O r de rof

the B o ar do f I m m ig r a tio n A p p e a ls S ubm i tt e d A pr i l5, 2011 ** B efo re: B . F L E T C H E R , C L IF T O N , an dB E A , C i rcu i tJu d g es. M arthaA nge l i c aJ a c obo- R om an and O s c arS andova l A i s pur o, na t i ve s and c i t i z e ns of

M e xi c o, pe t i t i on pr o s e f orr e vi e w of

the B oar d of

I m m i gr a t i on A p p e a ls ’ ( “B I A ” ) o r d e rd e n y in g th e irm o tio n to r e is s u e th e B I A ’s p r io ro r d e r . W e 

# FI LED APR26 2 011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS09- 71081 2 ha ve j ur i s di c t i on unde r8 U . S . C . § 1252. W e r e vi e w f orabus e of

di s c r e t i on the d e n ia l o f am o tio n to r e is s u e , R e

y es v . A s h c r o

ft , 35 8 F . 3d 59 2, 59 5 (9th C i r. 20 04 ); Coyt v. H older , 593 F . 3d 902, 904 n. 1 ( 9th C i r . 2010) , and w e de nythe pe t i t i on f or r e v i e w. T h e B I A d idn o t ab u s e its d is c r e tio n in d e n y in g p e titio n e r s ’ m o tio n to r e is s u e b a s e do n in e f

f e c tiv e a s s is tan c e o f

c o u n s e l b e c au s e p e titio n e r s f a ile dto d e m o n s tr a te p lau s ib le g r o u n d s f o rr e lie f . See R ay v. G on zales , 439 F . 3d 582, 587 ( 9 th C ir . 2 0 0 6 ) ( w h e r e p e titio n e ris d e p r iv e do f th e o p p o rtu n ityto p r e s e n t h is c la im du e t o cou nsel ’ s e rr or, w e w i l l fi nd thathe has been deni ed du e proces s i f he c an dem on strat e “ pl ausibl e groun ds for r el i ef ” on h i s und er l yi ng cl ai m ); see a l so Moreno-Moran te v . G on zales , 49 0 F . 3d 11 72 , 11 78 (9th C i r. 20 07 ) ( U ni t ed S t at es ci t i ze n g rand chi l dren are no tqu al i fy i ng re l at i ves f or cancel l at i on of re m ov al pu rposes ). P e t i t i one r s ’ r e m a i ni ng c ont e nt i ons ar e unava i l i ng. P E T I T I ON F OR RE V I E W DE NI E D.
#### § 51.2285 Tolerances for size.

(a) All percentages shall be calculated on the basis of weight.

(b) In order to allow for variations incident to proper sizing and handling, tolerances shall be permitted for the respective size classifications as indicated in Table III:

Table III

[Percent]

| Size classification | Tolerances for size | | | | |
| --- | --- | --- | --- | --- | --- |
| Smaller than three-fourths halves | Will not pass through 24/64 inch round hole | Pass through 24/64 inch round hole | Pass through 16/64 inch round hole | Pass through 8/64 inch round hole |
| Halves | 5 | | | 1 (included in 5 percent) | |
| Pieces and halves1 | | | 18 | 3 (included in 18 percent) | 1 (included in 2 percent). |
| Pieces | | | 25 | 5 (included in 25 percent) | 1 (included in 5 percent). |
| Small pieces2 | | 10 | | | 2. |
| | | | | | |
| --- | --- | --- | --- | --- | --- |
| 1 No part of any tolerance shall be used to reduce the percentage of halves required or specified in a lot of “pieces and halves”. | | | | | |
| 2 The tolerances of 10 percent and 2 percent for “small pieces” classification shall apply, respectively, to any smaller maximum or any larger minimum sizes specified. | | | | | |
No. 89-6789.

#### Batten *v.*Watts Cycle & Marine, Inc., et al.

Sup. Ct. Mont. Certiorari denied.
# Fourth Court of Appeals

San Antonio, Texas

December 8, 2017

No. 04

- 17

- 00337

- CV

Charles SCHWARTZ , III, D.O.

,

Appellant

v.

Jake FIPPS and Wife, Miriam Fipps,

Appellees

From the 49th Judicial Dist rict Court, Webb County, Texas

Trial Court No. 2015

- CVT

- 003956 D1 Honorable Joe Lopez, Judge Presiding



### O R D E R

Appellees’ brief in this accelerated appeal was originally due August 15, 2017. After this court granted several extensions of time, we issued an order advising appellees that their brief
was due November 27, 2017. We further advised appellees that no further extensions of time to file the brief would be permitted, and if the brief w as not filed on or before November 27, 2017, the matter would be submitted without an appellees’ brief. No brief was filed on November 27,

2017. Rather, on December 6, 2017, appellees filed yet another motion for extension of time asking for more time in which to file the brief. Based on our prior order and after reviewing appellees’ motion, we DENY appellees’ request for an extension of time.

_________________________________ M arialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 8th day of December, 20 17

.

_______________________________ ____ KEITH E. HOTTLE

, Clerk of Court
**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**





The
      undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted
      pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
      Report on Form 10-K for the annual period ended December 31, 2006 of Naturade,
      Inc. (the “Company”) fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934, as amended, and that the
      information contained in such periodic report fairly presents, in all material
      respects, the financial condition and results of operations of the Company
      as
      of, and for, the periods presented in such report.








/s/
      Dee
      S. Kelly





Dee
      S.
      Kelly


*Chief
      Financial Officer*


April
      16,
      2007





**A
      signed original of this written statement required by Section 906 has
      been**  **provided
      to the Company and it will be retained by the Company and furnished
      to**  **the
      Securities and Exchange Commission or its staff on request** .
# L_2014111EN.01008301.xml

| 15.4.2014 | EN | Official Journal of the European Union | L 111/83 |
| --- | --- | --- | --- |

15.4.2014

EN

Official Journal of the European Union

L 111/83

---

COUNCIL DECISION 2014/213/CFSP

of 14 April 2014

amending Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Whereas:

| (1) | On 25 October 2010, the Council adopted Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea (1). |
| --- | --- |

(1)

On 25 October 2010, the Council adopted Decision 2010/638/CFSP concerning restrictive measures against the Republic of Guinea (1).

| (2) | In view of the developments in the Republic of Guinea, the arms embargo and the embargo on equipment which might be used for internal repression should be lifted. |
| --- | --- |

(2)

In view of the developments in the Republic of Guinea, the arms embargo and the embargo on equipment which might be used for internal repression should be lifted.

| (3) | Decision 2010/638/CFSP should therefore be amended accordingly, |
| --- | --- |

(3)

Decision 2010/638/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Decision 2010/638/CFSP, Articles 1 and 2 are deleted.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Luxembourg, 14 April 2014.

For the Council

The President

C. ASHTON

---

(1)  
  OJ L 280, 26.10.2010, p. 10.

1

---
44.402 Policy requirements.       (a) Contractors and subcontractors at all tiers shall, to the maximum extent practicable:                                                         (1) Be required to incorporate commercial products, commercial services, or nondevelopmental items as components of items delivered to the Government; and                                                            (2) Not be required to apply to any of its divisions, subsidiaries, affiliates, subcontractors or suppliers that are furnishing commercial products or commercial services any clause, except those-                                                                           (i) Required to implement provisions of law or Executive orders applicable to subcontractors furnishing commercial products or commercial services; or                                                                              (ii) Determined to be consistent with customary commercial practice for the item being acquired.                                                                                                                            (b) The clause at 52.244-6, Subcontracts for Commercial Products and Commercial Services, implements the policy in paragraph (a) of this section. Notwithstanding any other clause in the prime contract, only those clauses identified in the clause at 52.244-6 are required to be in subcontracts for commercial products or commercial services.                                          (c) Agencies may supplement the clause at 52.244-6 only as necessary to reflect agency unique statutes applicable to the acquisition of commercial products and commercial services.    **Parent topic:** Subpart 44.4 - Subcontracts for Commercial Products and Commercial Services
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF FLORIDA 

GAINESVILLE DIVISION 

UNITED STATES OF AMERICA 

vs. Case No.:1:98-cr-14-MMP/AK 

MATTHEW SCOTT, 

Defendant.

 _____________________________/ 

ORDER GRANTING MOTION TO SEAL AND MOTION TO CONTINUE 

VIOLATION OF SUPERVISED RELEASE HEARING

This cause comes before the Court on doc. 551, the Defendant’s Motion to

Continue Sentencing and to have doc. 551 filed under seal. The Government does not

oppose the motion to continue or the motion to seal. 

Accordingly, it is hereby ORDERED AND ADJUDGED as follows: 

1. The Defendant’s motion to continue (doc. 551) is hereby granted. 

2. The motion to seal contained in doc. 551 is granted, and the Clerk is

directed to put doc. 551 under seal.

2. The hearing on the petition alleging a violation of supervised release is

continued and will be reset by separate notice.

DONE AND ORDERED this twenty-third day of October, 2009. 

s/ Stephan P. Mickle 

Stephan P. Mickle

Chief United States District Judge
#### § 51.26 Record of filing time.

A record showing the date and time of filing an application for appeal inspection shall be made promptly by the receiving office.
47.303-12 Ex dock, pier, or warehouse, port of importation.       (a)                   *Explanation of delivery term.*"Ex dock, pier, or warehouse, port of importation" means free of expense to the Government delivered on the designated dock or pier or in the warehouse at the specified port of importation.                                          (b)                   *Contractor responsibilities.* The contractor shall-                                                         (1)                                                                           (i) 										                    Pack and mark the shipment to comply with contract specifications; or                                                                              (ii) 										                    In the absence of specifications, prepare the shipment for ocean transportation in conformance with carrier requirements to protect the goods;                                                                                                           (2)                                                                           (i) 										                    Deliver shipment in good order and condition; and                                                                              (ii) 										                    Pay and bear all charges up to the point of delivery specified in the contract, including transportation costs; export, import, or other fees or taxes; costs of wharfage and landing, if any; customs duties; and costs of certificates of origin, consular invoices, or other documents that may be required for exportation or importation; and                                                                                                           (3) 								                Be responsible for any loss of and/or damage to the goods occurring before delivery of the shipment to the point of delivery specified in the contract.                                                                             (c)                   *Contract clause.* The contracting officer shall insert in solicitations and contracts the clause at 52.247-40, Ex Dock, Pier, or Warehouse, Port of Importation, when the delivery term is ex dock, pier, or warehouse, port of importation.    **Parent topic:** 47.303 Standard delivery terms and contract clauses.
§ 54.2 Designation of official certificates, memoranda, marks, other identifications, and devices for purposes of the Agricultural Marketing Act. Subsection 203(h) of the Agricultural Marketing Act of 1946, as amended by Pub. L. 272, 84th Congress, provides criminal penalties for various specified offenses relating to official certificates, memoranda, marks or other identifications, and devices for making such marks or identifications, issued or authorized under section 203 of said act, and certain misrepresentations concerning the inspection or grading of agricultural products under said section. For the purposes of said subsection and the provisions in this part, the terms listed below shall have the respective meanings specified: ( a ) *Official certificate* means any form of certification, either written or printed, used under the regulations to certify with respect to the inspection, class, grade, quality, size, quantity, or condition of products (including the compliance of products with applicable specifications).
( b ) *Official memorandum* means any initial record of findings made by an authorized person in the process of grading, determining compliance, inspecting, or sampling pursuant to the regulations, any processing or plant-operation report made by an authorized person in connection with grading, determining compliance, inspecting, or sampling under the regulations, and any report made by an authorized person of services performed pursuant to the regulations.
( c ) Official mark or other official identification means any form of mark or other identification, including those prescribed in § 54.17; used under the regulations in marking any products, or the immediate or shipping containers thereof, to show inspection class, grade quality, size quantity, or condition of the products (including the compliance of products with applicable specifications), or to maintain the identity of products for which service is provided under the regulations.
( d ) *Official device* means any roller, stamp, brand or other device used under the regulations to mark any products or the immediate or shipping containers, thereof, with any official mark or other official identification.
#### Arthur Wilcox et al., Appellants, v Jefferson County Industrial Development Agency, Respondent.

— Order unanimously affirmed, without costs. Memorandum: By order to show cause, appellants applied to Special Term for an injunction prohibiting the respondent from conducting its business in a manner which allegedly was beyond its authority. No action having been commenced, there was no action pending in which a preliminary injunction could have been granted (CPLR 6301). Nor had a special proceeding been instituted. Thus, Special Term could not have granted the relief and it properly denied the application. It is unnecessary to reach the other issues presented. (Appeal from order of Jefferson Supreme Court— injunction.) Present — Hancock, Jr., J. P., Schnepp, Callahan, Doerr and Witmer, JJ.
#### § 3565.458 Withdrawal of claim.

If the lender provides timely written notice to the Agency of withdrawal of the claim, the guarantee will continue as if the default had not occurred if the borrower cures the default prior to foreclosure or prior to acceptance of a deed-in-lieu of foreclosure.
#### § 53.17 Advance information concerning service rendered.

Upon request of any applicant, all or any part of the contents of any certificate issued to him under the regulations, or other notification concerning the determination of class, grade, other quality, or compliance of livestock for such applicant may be transmitted by telegraph or telephone to him, or to any person designated by him, at his expense.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          OCT-03-1998             OCT-03-1998
<PERIOD-START>                             APR-05-1998             SEP-28-1998
<PERIOD-END>                               JUL-04-1998             JUL-04-1998
<CASH>                                           5,544                   5,544
<SECURITIES>                                     9,320                   9,320
<RECEIVABLES>                                   10,414                  10,414
<ALLOWANCES>                                       776                     776
<INVENTORY>                                      4,197                   4,197
<CURRENT-ASSETS>                                32,648                  32,648
<PP&E>                                          13,764                  13,764
<DEPRECIATION>                                  (8,808)                 (8,808)
<TOTAL-ASSETS>                                  44,201                  44,201
<CURRENT-LIABILITIES>                           18,153                  18,153
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            83                      83
<OTHER-SE>                                      25,793                  25,793
<TOTAL-LIABILITY-AND-EQUITY>                    44,201                  44,201
<SALES>                                          5,090                  23,334
<TOTAL-REVENUES>                                 8,424                  32,808
<CGS>                                            4,473                   9,651
<TOTAL-COSTS>                                    4,893                  11,079
<OTHER-EXPENSES>                                18,574                  35,987
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                (14,813)                (13,412)
<INCOME-TAX>                                      (230)                    300
<INCOME-CONTINUING>                            (14,583)                (13,712)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                   (14,583)                (13,712)
<EPS-PRIMARY>                                    (1.74)                  (1.62)
<EPS-DILUTED>                                    (1.74)                  (1.62)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                         244,765
<SECURITIES>                                         0
<RECEIVABLES>                                  292,346
<ALLOWANCES>                                    10,000
<INVENTORY>                                     92,548
<CURRENT-ASSETS>                               642,397
<PP&E>                                       2,573,292
<DEPRECIATION>                             (1,360,757)
<TOTAL-ASSETS>                               2,024,414
<CURRENT-LIABILITIES>                          292,271
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        32,345
<OTHER-SE>                                     435,347
<TOTAL-LIABILITY-AND-EQUITY>                 2,024,414
<SALES>                                      2,644,521
<TOTAL-REVENUES>                             2,645,521
<CGS>                                          415,263
<TOTAL-COSTS>                                  415,263
<OTHER-EXPENSES>                             2,043,044
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             111,308
<INCOME-PRETAX>                                187,214
<INCOME-TAX>                                    63,062
<INCOME-CONTINUING>                            124,152
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   124,152
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### § 3560.604 Restrictions on use of funds.

On-farm labor housing loans may not be used for any purpose prohibited by § 3560.54 except § 3560.54(a)(1). On-farm labor housing may be used to serve migrant workers. In addition, on-farm labor housing loan funds may not be used to provide housing for members of the immediate family of the applicant when the applicant is an individual farm owner, family farm corporation, family farm partnership, or a member of an association of farmers. Immediate family includes mother, father, brothers, sisters, sons, and daughters of the applicant and spouse.