alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 51.2849 Damage. *Damage* means any specific defect described in this section; or any equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which materially detracts from the appearance, or the edible or marketing quality of the onions. The following specific defects shall be considered as damage: ( a ) Seedstems which are tough or woody, or which are more than 1 ⁄ 4 inch in diameter;
( b ) Splits when onions with two or more hearts are not practically covered by one or more outer scales;
( c ) Tops when more than 30 percent of the onions in a lot have tops 3 inches or more in length;
( d ) New roots when most roots on an individual onion have grown to a length of 1 inch or more in length;
( e ) Dry roots when more than 20 percent of the onions in a lot have practically all roots 2 inches or more in length;
( f ) Dry sunken areas when the affected areas exceed the equivalent to that of a circle 1 ⁄ 2 inch in diameter on an onion 23 ⁄ 4 inches in diameter which does not have the outer papery scale covering the affected areas or when the affected areas exceed the equivalent to that of a circle 3 ⁄ 4 inch in diameter on an onion 23 ⁄ 4 inches in diameter which has the outer papery scale covering the affected areas. Correspondingly lesser or greater areas are allowed on smaller or larger onions;
( g ) Sunburn when more than 33 percent of the onions in a lot have a medium green color on one-third of the surface;
( h ) Sprouts when visible, or when concealed within the dry top and more than 3 ⁄ 4 inch in length on an onion 2 inches or larger in diameter, or proportionately shorter on smaller onions;
( i ) Peeling when more than one-half of the thin papery skin is missing, leaving the underlying fleshy scale unprotected;
( j ) Cracked fleshy scales when one or more of the fleshy scales are cracked;
( k ) Watery scales when more than the equivalent of the entire outer fleshy scale is affected by an off-color, watersoaked condition. The off-color must be of some shade of brown or yellow;
( l ) Dirt, staining or other foreign matter when more than 20 percent of the onions in a yellow, brown or red lot, or more than 15 percent of the onions in a white lot are appreciably stained. Onions with adhering dirt or other foreign matter shall be judged on the same basis as stained onions;
( m ) Mechanical when any cut extends deeper than one fleshy scale, or when any bruise breaks a fleshy scale; and,
( n ) Translucent scales when more than the equivalent of two entire outer fleshy scales have a watersoaked condition.
1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

CHRISTOPHER JON PERGROSSI,

Plaintiff,

v. Case No. 1:20cv205-MW/GRJ

CENTRAL INTELLIGENCE

AGENCY,

Defendant.

_________________________/

ORDER ACCEPTING IN PART 

REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Omnibus 

Order to Show Cause and Report and Recommendation, ECF No. 4, and has also 

reviewed de novo Plaintiff’s objections to the Report and Recommendation.1 ECF 

No. 6.

Plaintiff filed 33 cases over a four-day period, from August 17 through August 

20, 2020. These cases were assigned to three U. S. District Judges in the Northern 

District of Florida. The cases are frivolous. Understandably, the Magistrate Judge 

1 Plaintiff filed a document in Case No. 1:20cv181-MW/GRJ, ECF No. 6, which this Court has 

construed as an omnibus response to the Order to Show Cause and as objections to the Report

and Recommendation of Magistrate Judge Gary R. Jones, ECF No. 4.

Case 1:20-cv-00205-MW-GRJ Document 6 Filed 09/23/20 Page 1 of 2
2

found this extraordinary volume of frivolous cases merits the imposition of 

restrictions on future filings in order to preserve scarce judicial resources and protect 

the efficient administration of justice. While a close call, this Court will not restrict 

future filings unless Plaintiff continues to abuse the process. Accordingly,

IT IS ORDERED:

The report and recommendation is accepted and adopted in part, over 

Plaintiff’s objections, as this Court’s opinion. The Clerk shall enter judgment stating, 

“This case is DISMISSED without leave to amend as frivolous and/or for failure to 

state a claim upon which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2).

No restrictions are imposed on future filings unless Plaintiff continues to abuse the 

judicial process.” The Clerk shall also close the file. 

SO ORDERED on September 23, 2020.

s/Mark E. Walker 

Chief United States District Judge

Case 1:20-cv-00205-MW-GRJ Document 6 Filed 09/23/20 Page 2 of 2
#### § 51.343 Culls.

“Culls” consist of apples which fail to meet the requirements of U.S. Cider Grade.
#### § 51.1833 Serious damage.

*Serious damage* means any specific defect described in § 51.1837, Table I; or an equally objectionable variation of any one of these defects, any other defect, or any combination of defects, which seriously detracts from the appearance, or the edible or marketing quality of the fruit.
11.203 Customer satisfaction.

Acquisition organizations shall communicate with customers to determine how well the

requirements document reflects the customer’s needs and to obtain suggestions for corrective

actions. Whenever practicable, the agency may provide affected industry an opportunity to comment

on the requirements documents.

Parent topic: Subpart 11.2 - Using and Maintaining Requirements Documents
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**ERIC Number:**

**Record Type:**

**Publication Date:**

**Pages:**

**Abstractor:**

**ISBN:**

**ISSN:**

**EISSN:**

Career DevelopmentCounselingCultural AwarenessCurriculum DevelopmentEarly ParenthoodEthnicityFathersOutreach ProgramsParent EducationParent RoleProgram EffectivenessSecondary EducationUrban Youth

**Publication Type:**

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EX-10.1






Exhibit 10.1




Compensation of Certain Named Executive Officers




As follows, changes were made effective April 13, 2009, to the compensation of Gerald D. Kelfer,
Avatar’s President and Chief Executive Officer; Randy L. Kotler, Avatar’s Executive Vice President,
Treasurer and Chief Financial Officer; Jonathan Fels, President of Avatar’s wholly-owned
subsidiary, Avatar Properties Inc.; and Michael Levy, Executive Vice President and Chief Operating
Officer of Avatar Properties Inc.:




	 	•	 	Mr. Kelfer agreed to reduce (i) his base salary rate by 10%, from $500,000 to
$450,000 per annum and (ii) his annual bonus by 10% from $500,000 to $465,400 for
2009;
	 
	 	•	 	Mr. Kotler agreed to reduce his base salary rate by 10%, from $350,000 to $315,000
per annum; and
	 
	 	•	 	Mr. Fels and Mr. Levy agreed to reduce (i) his base salary rate by 10%, from
$500,000 to $450,000 per annum and (ii) his annual bonus by 10%from $400,000 to
$372,320 for 2009.
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                                    DEC-31-1999
<PERIOD-START>                                       JAN-01-1999
<PERIOD-END>                                         JUN-30-1999
<CASH>                                                12,524,284
<SECURITIES>                                                   0
<RECEIVABLES>                                          4,821,099
<ALLOWANCES>                                                   0
<INVENTORY>                                                    0
<CURRENT-ASSETS>                                      93,621,219
<PP&E>                                                 5,210,721
<DEPRECIATION>                                                 0
<TOTAL-ASSETS>                                       152,810,199
<CURRENT-LIABILITIES>                                 11,638,724
<BONDS>                                                        0
<PREFERRED-MANDATORY>                                 31,071,152
<PREFERRED>                                                    0
<COMMON>                                                 391,275
<OTHER-SE>                                           106,109,691
<TOTAL-LIABILITY-AND-EQUITY>                         152,810,199
<SALES>                                                7,743,883
<TOTAL-REVENUES>                                       7,743,883
<CGS>                                                          0
<TOTAL-COSTS>                                                  0
<OTHER-EXPENSES>                                       8,680,828
<LOSS-PROVISION>                                               0
<INTEREST-EXPENSE>                                     2,202,634
<INCOME-PRETAX>                                      (18,393,130)
<INCOME-TAX>                                                   0
<INCOME-CONTINUING>                                  (18,393,130)
<DISCONTINUED>                                                 0
<EXTRAORDINARY>                                                0
<CHANGES>                                                      0
<NET-INCOME>                                         (18,393,130)
<EPS-BASIC>                                               1.48
<EPS-DILUTED>                                               1.48



</TABLE>
23.705 Contract clauses.

(a) Insert the clause at 52.223-10, Waste Reduction Program, in all solicitations and contracts for

contractor operation of Government-owned or -leased facilities and all solicitations and contracts for

support services at Government-owned or -operated facilities.

(b)

(1) Unless an exception applies in accordance with 23.704(a), insert the clause at 52.223-13,

Acquisition of EPEAT®-Registered Imaging Equipment, in all solicitations and contracts when

imaging equipment (copiers, digital duplicators, facsimile machines, mailing machines, multifunction

devices, printers, and scanners) will be-

(i) Delivered;

(ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or

(iii) Furnished by the contractor for use by the Government.

(2) Agencies may use the clause with its Alternate I when there are sufficient EPEAT® silver- or

gold-registered products available to meet agency needs.

(c)

(1) Unless an exception applies in accordance with 23.704(a), insert the clause at 52.223-14,

Acquisition of EPEAT®-Registered Televisions, in all solicitations and contracts when televisions will

be-

(i) Delivered;

(ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or

(iii) Furnished by the contractor for use by the Government.

(2) Agencies may use the clause with its Alternate I when there are sufficient EPEAT® silver– or

gold-registered products available to meet agency needs.

(d)

(1) Unless an exception applies in accordance with 23.704(a), insert the clause at 52.223-16,

Acquisition of EPEAT®-Registered Personal Computer Products, in all solicitations and contracts

when personal computer products will be-

(i) Delivered;

(ii) Acquired by the contractor for use in performing services at a Federally controlled facility; or

(iii) Furnished by the contractor for use by the Government.
(2) Agencies may use the clause with its Alternate I when there are sufficient EPEAT® silver– or

gold-registered products available to meet agency needs.

Parent topic: Subpart 23.7 - Contracting for Environmentally Preferable Products and Services
Exhibit 

32.1 

 

CERTIFICATION

PURSUANT TO 18 U.S.C.SECTION 1350,

AS

ADOPTED PURSUANT TOSECTION 906 OF

THE

SARBANES-OXLEY ACT OF2002

 

In connection with the QuarterlyReport of Entremetrix Corporation (the "Company") on Form 10-QSB for thequarterly period ending September 30, 2004 as filed with the Securities andExchange Commission on the date hereof (the "Report"), I, George Lefevre, ChiefFinancial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, tothe best of the undersigned's knowledge and belief: 

 

(1) The Report fully complies withthe requirements of section 13(a) or 15(d)of the Securities Exchange Act of1934; and 

 

(2) The information contained in	the Report fairly presents, in all material respects, the financial	condition and result of operations of the Company.

 

| Dated: November 15, 2004   | By: /s/George Lefevre                  |
|--------------------------------------|----------------------------------------|
|                            | George Lefevre, Chief FinancialOfficer |
#### Mable Frazier, Respondent, v. Fidelity & Casualty Company of New York, Appellant.

Judgment entered in favor of plaintiff in the amount of $4,545 unanimously reversed, on the law, the facts and in the exercise of discretion, and a new trial ordered, with leave to defendant to serve an amended *923answer alleging the defense of late notice, with $50 costs and disbursments to defendant-appellant. The rule requiring a defendant to deny the performance of any condition precedent specifically and with particularity (CPLR 3015), is not immune from the policy of New York law that allegations of a pleading shall be liberally construed with a view to substantial justice between the parties (CPLR 3026). Where a plaintiff pleads as her sole cause of action a right of recovery as one standing in the shoes of the insured, it being alleged that the latter “ duly performed all the conditions of said policy of insurance on its part”, an answer that the “insured” had failed to give notice should have been liberally construed as applicable to the cause of action brought to recover under section 167 of the Insurance Law. (See *Lauritano*v. *American Fed. Fire Ins. Co.,*3 A D 2d 564.) It may be that not only was the defendant misled by the gratuitous allegation that the *insured*had “ duly performed all the conditions of said policy of insurance on its part” (CPLR 3015, subd. [a]), but such allegation may in fact have defined or limited the issue in this regard. It appears, moreover, from an examination of the demand for a bill of particulars and the response, that both parties were fully aware of the pertinency of the issue of notice and that the burden with respect thereto rested with the plaintiff. Certainly the defendant was entitled, as would the plaintiff if the situations were reversed, to the application to its pleading of the beneficial provisions of CPLR 3025 or 3026 to assure an adjudication of the issue on the merits. In the circumstances it was an improvident exercise of discretion to have refused leave to amend the answer. Concur-—-Steuer, J. P., Capozzoli, Tilzer, McNally and MeG-ivern, JJ.
###### Editorial Note on Part 4290

#### Editorial Note:

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

#### § 4290.200 Adequate capital for RBICs.

You must meet the requirements of §§ 4290.210 through 4290.230 in order to qualify as a RBIC.

[76 FR 80222, Dec. 23, 2011]
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA,

v. CASE NO. 1:96-cr-00020-MP-AK

JOHN CALVIN EVERETT,

Defendant.

___________________________/

O R D E R 

This matter is before the Court on Doc. 457, Defendant’s Motion to Correct the Record. 

Previously, at Doc. 278, the Defendant filed a motion under § 2255, attacking his conviction on

various grounds. The Magistrate Judge entered a Report and Recommendation, Doc. 361,

recommending denial of the § 2255 petition, which the Court adopted. In the Report and

Recommendation, however, the Magistrate Judge stated in a footnote: “The Government in this

case did not file a notice of intent under § 851(a)(1), so it does not appear that increased [sic]

statutory minimum should apply.” Doc. 361 at 9 n.5. 

 A review of the file, however, reveals that doc. 89 is in fact a Notice of Prior Conviction

and intent to seek enhanced penalties pursuant to 21 U.S.C. § 851(a)(1). Thus, footnote 5 is in

error, as notice of intent was actually filed. Defendant, however, assumes that the Magistrate

Judge was correct and that no notice was filed. He therefore states, "At the present time the

Court’s records at Doscket [sic] 89 and the Presentence Report still show that U.S.Attorney’s

[sic] Office did in fact file such information as required in 21 USC § 851(a)(1)" and seeks to

have the Court correct the docket sheet and the presentence report. Doc. 457 at 2. As noted

above, however, it is footnote 5 of the Report and Recommendation that is incorrect while the

Case 1:96-cr-00020-MW-GRJ Document 458 Filed 11/03/06 Page 1 of 2
Page 2 of 2

1

Fed. R. Crim. P. 36 states: “After giving any notice it considers appropriate, the

court may at any time correct a clerical error in a judgment, order, or other part of the

record, or correct an error in the record arising from oversight or omission.” Fed. R.

Crim. P. 36.

Case No: 1:96-cr-00020-MP-AK

docket sheet and the presentence report are correct. Therefore, the motion to correct the record

under Fed. R. Crim. P. 361 is granted, but only to the following extent. Footnote 5 of the Report

and Recommendation (doc. 361), which was adopted by the order at doc. 375, is hereby deleted. 

This change does not affect Mr. Everett's conviction or sentence or any of the Courts subsequent

rulings on his collateral attacks on his conviction and sentence..

DONE AND ORDERED this 3rd day of November, 2006

 s/Maurice M. Paul 

 Maurice M. Paul, Senior District Judge

Case 1:96-cr-00020-MW-GRJ Document 458 Filed 11/03/06 Page 2 of 2
TS-EMLA40

Attachment #9

Pt. 2, Sec. B

Additional Information on the Absence of Tank Truck Cleaning Operations at Road

Construction Sites
#### § 51.1359 Diameter.

*Diameter* means the greatest dimension of the pear taken at right angles to a line running from the stem to the blossom end.
RAB/98-17

NATIONAL TRANSPORTATION SAFETY BOARD

WASHINGTON, D.C.

Railroad Accident Brief Report

CHI 97 FR 002

DERAILMENT

NATIONAL RAILROAD PASSENGER CORPORATION

UNION PACIFIC RAILROAD COMPANY

GRANITE, WYOMING

JANUARY 13, 1997

At about 3:45 p.m., mountain standard time, on January 13, 1997, Amtrak

train No. 25, consisting of 3 locomotive units, 2 baggage cars, and 7 passenger

cars, derailed the 2nd and 3rd locomotive units and all 9 cars near milepost (MP)

528.5 on the Union Pacific Railroad (UP) in Granite, Wyoming. The train was

traveling at a recorded speed of 59 mph in 70-mph territory when the derailment

occurred.

Twenty of the 109 passengers, 3 of the 12 on-board-service personnel,

and 1 of the 5 operating crew members sustained minor injuries. The costs

associated with the accident were $1,706,651.

The investigation revealed that the derailment occurred at a broken rail

located just west of a spring frog on No.1 main track. A portion of the west end

of the rail had a weld about 11 1⁄2 inches long on the running surface (head) of

the rail, and the gauge face of the head had also been welded in order to match

it with the rail to which it was attached. The welded area broke out under the

movement of train No. 25, causing the derailment.

A metallurgical examination of the broken rail and weld indicated that the

weld was of “poor quality.” The weld material on the gauge face of the rail did

not penetrate properly because the rail was not properly preheated before

welding. UP officials stated that welds made to rail ends are routine repairs and

as such there were no written records regarding when the weld was made or

who performed the task. Local UP officers and welders could not recall when

the weld was made.

 The track in the accident area had been visually inspected by a track

inspector several hours before the derailment and no defects were noted. The

condition that led to the failure of the weld was an internal condition and would
2

not have been apparent during a visual inspection. The rail had been inspected

by a rail defect detector car on December 16, 1996, and no internal defects had

been noted during that inspection.

PROBABLE CAUSE

The National Transportation Safety Board determines that the probable

cause of this accident was a field weld on the end of a rail that broke under the

moving train because the rail was not properly preheated prior to welding.

Adopted: August 18, 1998
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2505 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2505

To suspend temporarily the duty on aerosol valves designed to deliver a 
 metered dose (50 microliters) of a pressurized liquid pharmaceutical.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 4, 2006

 Mr. Lieberman (for himself, Mr. DeWine, and Mr. Voinovich) introduced 
the following bill; which was read twice and referred to the Committee 
                               on Finance

_______________________________________________________________________

                                 A BILL

 
To suspend temporarily the duty on aerosol valves designed to deliver a 
 metered dose (50 microliters) of a pressurized liquid pharmaceutical.

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

SECTION 1. CERTAIN AEROSOL VALVES.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.84.82      Aerosol valves      Free         No Change        No Change        12/31/2009        ''.
                         designed to
                         deliver a metered
                         dose (50
                         microliters) of a
                         pressurized
                         liquid
                         pharmaceutical
                         with a mounting
                         cup inside
                         diameter of 20.1
                         mm, a mounting
                         cup height (skirt
                         to shoulder) of
                         7.49 mm, stem
                         outside diameter
                         of 2.79 mm, with
                         components made
                         of stainless
                         steel and buna
                         rubber with a
                         retaining cup of
                         aluminum
                         (provided for in
                         subheading
                         8481.80.30)......

    (b) Effective Date.--The amendment made by this section applies to 
goods entered, or withdrawn from warehouse for consumption, on or after 
the date that is 15 days after the date of enactment of this Act.
                                 <all>
```
# 37.115 Uncompensated overtime.

- 37.115-1 Scope. 
- 37.115-2 General policy. 
- 37.115-3 Solicitation provision. 

**Parent topic:**Subpart 37.1 - Service Contracts-General