alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Columbia County Support Collection Unit, on Behalf of John Anthony, Respondent, v Jennifer Demers, Appellant.

[814 NYS2d 802]

Carpinello, J.

Appeal from an order of the Family Court of Columbia County (Czajka, J.), entered July 7, 2004, which, inter alia, granted petitioner’s application, in a proceeding pursuant to Family Ct Act article 4, to find respondent in willful violation of a prior support order.

Family Court correctly determined that respondent willfully violated a prior order of child support. The testimony of a child support investigator employed by petitioner established that re*1093spondent owed over $10,000 in child support arrears. This testimony, which was uncontroverted, constituted prima facie evidence of a willful violation *(see*Family Ct Act § 454 [3] [a]; *Matter of Powers v Powers,*86 NY2d 63, 69 [1995]). The burden then shifted to respondent to rebut this prima facie showing by offering some competent, credible evidence of her inability to make the required payments *(see Matter of Powers v Powers, supra; see also*Family Ct Act § 455 [5]). This she failed to do.

While respondent claims that her various medical ailments preclude her from obtaining any employment whatsoever, she failed to present credible medical evidence to substantiate this claim *(see e.g. Matter of Fogg v Stoll,*26 AD3d 810 [2006]; *Matter of Castillo v Castillo,*23 AD3d 653, 654 [2005]; *Matter of Hayes v Hayes,*294 AD2d 681, 682 [2002]; *Matter of Feliciano v Nielsen,*282 AD2d 783, 784 [2001]; *Matter of Crystal v Corwin,*274 AD2d 683, 684-685 [2000]; *Matter of Nickerson v Bellinger,*258 AD2d 688 [1999]; *compare Matter of Bukovinsky v Bukovinsky,*299 AD2d 786 [2002], *Iv dismissed*100 NY2d 534 [2003]). Respondent also argues that the support magistrate erred in not admitting her medical records into evidence at the hearing. In the absence of the required certification or authentication *(see*CPLR 4518 [c]), and in the absence of independent evidence establishing the foundational requirements for admissibility *(see*CPLR 4518 [a]), we are unable to conclude that this ruling was in error *(see generally Matter of Bronstein-Becher v Becher,*25 AD3d 796 [2006]).

Crew III, J.P., Peters, Lahtinen and Kane, JJ., concur. Ordered that the order is affirmed, without costs.
42.803 Disallowing costs after incurrence.       Cost-reimbursement contracts, the cost-reimbursement portion of fixed-price contracts, letter contracts that provide for reimbursement of costs, and time-and-material and labor-hour contracts provide for disallowing costs during the course of performance after the costs have been incurred. The following procedures shall apply:                                       (a)                   *Contracting officer receipt of vouchers.* When contracting officers receive vouchers directly from the contractor and, with or without auditor assistance, approve or disapprove them, the process shall be conducted in accordance with the normal procedures of the individual agency.                                          (b) 						            Auditor receipt of vouchers.                                                         (1) 								                When authorized by agency regulations, the contract auditor may be authorized to (i) receive reimbursement vouchers directly from contractors, (ii) approve for payment those vouchers found acceptable, and (iii)suspend payment of questionable costs. The auditor shall forward approved vouchers for payment to the cognizant contracting, finance, or disbursing officer, as appropriate under the agency’s procedures.                                                            (2) 								                If the examination of a voucher raises a question regarding the allowability of a cost under the contract terms, the auditor, after informal discussion as appropriate, may, where authorized by agency regulations, issue a notice of contract costs suspended and/or disapproved simultaneously to the contractor and the disbursing officer, with a copy to the cognizant contracting officer, for deduction from current payments with respect to costs claimed but not considered reimbursable.                                                            (3) 								                If the contractor disagrees with the deduction from current payments, the contractor may-                                                                           (i) 										                    Submit a written request to the cognizant contracting officer to consider whether the unreimbursed costs should be paid and to discuss the findings with the contractor;                                                                              (ii) 										                    File a claim under the Disputes clause, which the cognizant contracting officer will process in accordance with agency procedures; or                                                                              (iii) 										                    Do both of the above.    **Parent topic:** Subpart 42.8 - Disallowance of Costs
FILED U.S. COURT OF AP P EALS E LEVEN T HC IRC U IT JUNE 25, 2007 THOMAS K. KAH

N CLERK [ P UB L I S H] I N THE UN I TE D STATE S C OU RT OF APPE ALS F O R T H E E L E V E N T H C IR C U IT

________________________ N o. 03- 15094

________________________ D
. C
. D ocketN o. 01 -001 48 -C V -W B H -3 V I CTO R H A RRI S, P la in tif f
- A p p e lle e , v ersu s C O W E T A C O U N T Y , G E O R G I A , e t a l., D e f e n d a n ts , M A R K F E N N I N G E R , S g t., T I M O T H Y C . S C O T T , D e p u ty , D e f e n d a n ts - A p p e lla n ts .

________________________ A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f o rth e N o r th e rn D is tr ic t o f G e o r g ia

_________________________ ( J une 25, 2007) ON RE MAND F RO M T HE UN I T E D S T AT E S S UP RE ME CO UR T B efo re B IR C H , B A R K E T T an d C O X , C i rcu i tJu d g es.P E R C U R I A M:

I n l i g h to f

th e Su p r e me Co u r t ’ s d e c i s i o n i n th i s c a s e , Sc o ttv . H a rr i s , - - - U
. S.

-- -, 12 7 S
. C t . 17 69 , -- - L
. E d. 2d -- - ( 20 07 ), w e R EVER SE th e d istrict co u rt’s de ni a l of T i m othy S c ott ’ s m ot i on f ors um m a ryj udgm e nta nd RE MAND f or f ur the rpr oc e e di ngs i n a c c or da nc e w i th the S upr e m e C our t ’ s rul i ng. S O O RD E RE D.
43.000 Scope of part.

This part prescribes policies and procedures for preparing and processing contract modifications for

all types of contracts including construction and architect-engineer contracts. It does not apply to-

(a) Orders for supplies or services not otherwise changing the terms of contracts or agreements

(e.g., delivery orders under indefinite-delivery contracts); or

(b) Modifications for extraordinary contractual relief (see subpart 50.1).

Parent topic: Part 43 - Contract Modifications
II 

109TH CONGRESS 

2D SESSION S. 2555 

To designate the facility of the United States Postal Service located at 

2633 11th Street in Rock Island, Illinois, as the ‘‘Lane Evans Post 

Office Building’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2006 

Mr. DURBIN (for himself and Mr. OBAMA) introduced the following bill; which 

was read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

A BILL 

To designate the facility of the United States Postal Service 

located at 2633 11th Street in Rock Island, Illinois, 

as the ‘‘Lane Evans Post Office Building’’. 

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

3 SECTION 1. LANE EVANS POST OFFICE BUILDING. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 2633 11th Street in Rock Island, 

6 Illinois, shall be known and designated as the ‘‘Lane 

7 Evans Post Office Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 


cprice-sewell on PROD1PC66 with BILLS
2 

•S 2555 IS

1 States to the facility referred to in subsection (a) shall 

2 be deemed to be a reference to the ‘‘Lane Evans Post Of3 fice Building’’. 

Æ 


cprice-sewell on PROD1PC66 with BILLS
#### § 54.28 Payment of fees and other charges.

Fees and other charges for service must be paid in accordance with the following provisions unless otherwise provided in the cooperative agreement under which the service is furnished. Upon receipt of billing for fees and other charges for service, the applicant will remit by check, electronic funds transfer, draft, or money order made payable to the National Finance Center. Payment for the service must be made in accordance with directions on the billing statement, and such fees and charges must be paid in advance if required by the official grader or other authorized official.

[84 FR 49641, Sept. 23, 2019]
The Honorable Ortrie D. Smith, United States District Judge for the Western

*

District of Missouri, sitting by designation.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 97-2804MN

_____________

United States of America, *

*

Appellee, * Appeal from the United States

* District Court for the District 

v. * of Minnesota.

*

Arthur Lee Walls, III, * [UNPUBLISHED]

*

Appellant. *

_____________

 Submitted: February 10, 1998

Filed: February 20, 1998

_____________

Before FAGG and MURPHY, Circuit Judges, and SMITH, District Judge. *

_____________

PER CURIAM.

Arthur Lee Walls, III appeals his sentence for possession with intent to distribute

cocaine. On appeal, Walls challenges the identity and the quantity of the drugs the

district court attributed to Walls. After a careful review of the record, we conclude the

district court's sentence was correct and further discussion is not warranted. We affirm

Walls's sentence. See 8th Cir. R. 47B.
-2-

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Page 75674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30415]



[[Page 75674]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-8993-9]


Environmental Impacts Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General 
Information (202) 564-1399 or http://www.epa.gov/compliance/nepa/.

Weekly receipt of Environmental Impact Statements.
Filed 11/22/2010 through 11/26/2010.
Pursuant to 40 CFR 1506.9.

Notice

    In accordance with Section 309(a) of the Clean Air Act, EPA is 
required to make its comments on EISs issued by other Federal agencies 
public. Historically, EPA has met this mandate by publishing weekly 
notices of availability of EPA comments, which includes a brief summary 
of EPA's comment letters, in the Federal Register. Since February 2008, 
EPA has been including its comment letters on EISs on its Web site at: 
http://www.epa.gov/compliance/nepa/eisdata.html. Including the entire 
EIS comment letters on the Web site satisfies the Section 309(a) 
requirement to make EPA's comments on EISs available to the public. 
Accordingly, on March 31, 2010, EPA discontinued the publication of the 
notice of availability of EPA comments in the Federal Register.

EIS No. 20100455, Final EIS, BLM, NV, ON Line Project, (Previously 
Known as Ely Energy Center) Proposed 236-mile long 500 kV Electric 
Transmission Line from a new substation near Ely, Nevada approximately 
236 mile south to the existing Harry Allen substation near Las Vegas, 
Clark, Lincoln, Nye and White Pine Counties, NV, Wait Period Ends: 01/
03/2011, Contact: Michael Dwyer 775-293-0523.
EIS No. 20100456, Draft EIS, FTA, OR, Lake Oswego to Portland Transit 
Project, To Improve Transit Service with the Lake Oswego to Portland 
Transit Corridor, Clackamas and Multnomah Counties, OR, Comment Period 
Ends: 01/31/2011, Contact: John Witmer 206-220-7950.
EIS No. 20100457, Final EIS, NPS, FL, Big Cyress National Preserve 
Addition, General Management Plan/Wilderness Study/Off-Road Vehicle 
Management Plan, Implementation, Collier County, FL, Wait Period Ends: 
01/03/2011, Contact: Pedro Ramos 239-695-1101.

    Dated: November 30, 2010.
Robert W. Hargrove,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2010-30415 Filed 12-3-10; 8:45 am]
BILLING CODE 6560-50-P
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#### WEDDIGAN et al., Respondents, v. WHITING, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 23, 1906.)

Action by Frank A. Weddigan and another against William F. Whiting.

No opinion. Motion for reargument granted, and the same set down for hearing on Monday, the 28th day of the present month.
II 

109TH CONGRESS 

2D SESSION S. 2666 

To temporarily suspend the revised tax treatment of kerosene for use in 

aviation under the Safe, Accountable, Flexible, Efficient Transportation 

Equity Act: A Legacy for Users. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2006 

Mr. BURNS introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To temporarily suspend the revised tax treatment of kerosene 

for use in aviation under the Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A Legacy for Users. 

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 ‘‘Aviation Fuel Tax 

5 Simplification Act’’. 

6 SEC. 2. SUSPENSION OF TAX TREATMENT OF AVIATION 

7 KEROSENE UNDER SAFETEA–LU. 

8 (a) IN GENERAL.—Section 11161(e) of the Safe, Ac9 countable, Flexible, Efficient Transportation Equity Act: 


cchase on PROD1PC60 with BILLS
2 

•S 2666 IS

1 A Legacy for Users is amended by inserting ‘‘, and before 

2 the date of the enactment of the Aviation Fuel Tax Sim3 plification Act, and after September 30, 2007’’ after ‘‘Sep4 tember 20, 2005’’. 

5 (b) CONFORMING AMENDMENT.—Section 9503(c)(7) 

6 of the Internal Revenue Code of 1986 is amended by in7 serting ‘‘and before the date of the enactment of the Avia8 tion Fuel Tax Simplification Act, and on or after October 

9 1, 2007,’’ after ‘‘October 1, 2005,’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date of the enactment 

12 of this Act. 

13 (d) FLOOR STOCK REFUNDS.—The Secretary of the 

14 Treasury shall provide under rules similar to the rules 

15 under section 6412 of the Internal Revenue Code of 1986 

16 for such floor stocks refunds as are necessary as a result 

17 of the amendments made by this section. 

Æ 


cchase on PROD1PC60 with BILLS
##### 



Exhibit 32.4
 CERTIFICATION PURSUANT TO
18 U.S.C. §1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and(2)
    
    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations
of Brookshire Raw Materials (U.S.) Agriculture USD Fund, a series of
the Brookshire Raw Materials (U.S.) Trust.
 /s/ John MarshallJohn MarshallChief Executive Officer of Brookshire Raw
Materials Management, LLC, the Managing Owner
of Brookshire Raw Materials (U.S.) Trust/s/ Stephen AdamsStephen AdamsChief Financial Officer of  Brookshire Raw
Materials Management, LLC, the Managing Owner
of Brookshire Raw Materials (U.S.) Trust
###### Editorial Note on Part 4290

#### Editorial Note:

Nomenclature changes to part 4290 appear at 85 FR 16522, Mar. 24, 2020.

#### § 4290.400 Changes in ownership of 10 percent or more of RBIC but no change of Control.

You must obtain the Agency's prior written approval for any proposed transfer or issuance of ownership interests that results in the ownership (beneficial or of record) by any Person, or group of Persons acting in concert, of at least 10 percent of any class of your stock, partnership capital or membership interests.
22.1002-3 Wage determinations based on

collective bargaining agreements.

(a) Successor contractors performing on contracts in excess of $2,500 for substantially the same

services performed in the same locality must pay wages and fringe benefits (including accrued

wages and benefits and prospective increases) at least equal to those contained in any bona fide

collective bargaining agreement entered into under the predecessor contract. This requirement is

self-executing and is not contingent upon incorporating a wage determination or the wage and

fringe benefit terms of the predecessor contractor’s collective bargaining agreement in the

successor contract. This requirement will not apply if the Secretary of Labor determines-

(1) After a hearing, that the wages and fringe benefits are substantially at variance with those which

prevail for services of a similar character in the locality; or

(2) That the wages and fringe benefits are not the result of arm’s length negotiations.

(b) Paragraphs in this subpart 22.10 which deal with this statutory requirement and the Department

of Labor’s implementing regulations are 22.1010, concerning notification to contractors and

bargaining representatives of procurement dates; 22.1012-2, explaining when a collective

bargaining agreement will not apply due to late receipt by the contracting officer; and 22.1013 and

22.1021, explaining when the application of a collective bargaining agreement can be challenged

due to a variance with prevailing rates or lack of arm’s length bargaining.

Parent topic: 22.1002 Statutory and Executive order requirements.
52.211-3 Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions.       As prescribed in 11.204(c), insert a provision substantially the same as the following:          Availability of Specifications Not Listed in the GSA Index of Federal Specifications, Standards and Commercial Item Descriptions (June 1988)          The specifications cited in this solicitation may be obtained from:          (Activity) address) ________________________________________________________________          _______________________________________________________________________________          _______________________________________________________________________________          (Telephone number) _________________________________          (Person to be contacted) ______________________________          The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation.          (End of clause)    **Parent topic:** 52.211 [Reserved]
#### § 58.247 Insect and rodent control program.

In addition to any commercial pest control service, if one is utilized, a specially designated employee should be made responsible for the performance of a regularly scheduled insect and rodent control program as outlined in University of Wisconsin Extension Bulletin A2518 or subsequent revisions thereof, or one equivalent thereto.
51.000 Scope of part.

This part prescribes policies and procedures for the use by contractors of Government supply

sources and interagency fleet management system (IFMS) vehicles and related services.

Parent topic: Part 51 - Use of Government Sources by Contractors
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                          181,825
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     2,509,474
<OTHER-SE>                                 (2,691,299)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
52.219-12 Special 8(a) Subcontract

Conditions.

As prescribed in 19.811-3(b), insert the following clause:

Special 8(a) Subcontract Conditions (Oct 2019)

(a) The Small Business Administration (SBA) has entered into Contract No.________ [insert number of

contract] with the _________ [insert name of contracting agency] to furnish the supplies or services as

described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The ___________ [insert name of subcontractor], hereafter referred to as the subcontractor, agrees

and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract

No. ______ [insert number of contract] for the consideration stated therein and that it has read and is

familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements, for the

administration of this subcontract to the _______ [insert name of contracting agency] with complete

authority to take any action on behalf of the Government under the terms and conditions of this

subcontract.

(3) That it will notify the __________ [insert name of contracting agency] Contracting Officer in

writing immediately upon entering an agreement (either oral or written) to transfer all or part of its

stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the

subcontractor by the ______ [insert name of contracting agency].

(End of clause)

Parent topic: 52.219 [Reserved]