alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Edmund J. Trepacz, Appellant, v. General Accident Fire *&*Life Assurance Corporation Limited, Respondent.

Order unanimously modified in accordance with Memorandum, and as modified affirmed, without costs. Memorandum: It is alleged in the complaint that defendant company issued a policy of insurance to plaintiff whereby defendant agreed to pay on behalf of plaintiff all sums which plaintiff should “become legally obligated to pay as damages because of bodily injury * * * and the company shall defend any suit against the insured [plaintiff] alleging such bodily injury * * * and seeking damages which are payable under the terms of this policy, even if any of the allegations of the suit are groundless ”; that during the effective term of the policy one Catherine A. Cohen brought suit against plaintiff alleging that plaintiff “willfully, maliciously, violently and forcibly laid his hands upon the person of the [said Catherine A. Cohen] striking her in the face, and breaking her sun glasses in her hand, while [the said Catherine A. Cohen] was lawfully on [this plaintiff’s] said premises”; and that plaintiff has called upon defendant to defend said action by Mrs. Cohen, but defendant has refused to do so. Plaintiff seeks in this action a judgment declaring defendant’s obligation to defend the Cohen action and pay'any judgment which may be recovered therein. By its answer the defendant alleges that the policy of insurance which it issued to plaintiff excludes from coverage actions for “ bodily injury * * * caused intentionally by or at the direction of the Insured”; and defendant asserts that the policy does not protect plaintiff against the action by Mrs. Cohen because that action is expressly and exclusively founded on intentional injury caused to Mrs. Cohen by plaintiff. Special Term granted defendant’s motion for summary judgment dismissing the complaint upon the ground that it appears from the face of the Cohen complaint that no claim is made within the coverage of the policy. We agree with Special Term’s determination of the merits of the action (see *Cooney*v. *Liberty Mut. Ins. Co.,*284 App. Div. 328); but since plaintiff’s action is for declaratory judgment, the order appealed from should be modified (see *Downey*v. *Merchants Mut. Ins. Co.,*30 A D 2d 171, affd. 23 N Y 2d 989), to declare that defendant-respondent has no duty to defend the Cohen action against plaintiff-appellant, nor to indemnify plaintiff with respect to any recovery Mrs. Cohen may obtain in that action, nor to pay any disbursement or legal fee which plaintiff may incur in connection with that action or this one; and as so modified the order should be affirmed. (Appeal from order of Onondaga Special Term dismissing declaratory judgment action.) Present—'Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

v. Case No. 3:20-cr-40-MCR

CHRISTOPHER BONES

_____________________________/

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. 

R. Crim. P., and has entered a plea of guilty to Count One of the superseding 

indictment. After cautioning and examining the Defendant under oath concerning 

each of the subjects mentioned in Rule 11, I determined the guilty plea was knowing 

and voluntary and the offense charged is supported by an independent basis in fact 

containing each of the essential elements thereof. I therefore recommend the plea 

of guilty be accepted and the Defendant be adjudicated guilty and have sentence 

imposed accordingly.

Dated: February 24, 2021.

/s/ Hope Thai Cannon HOPE THAI CANNON

UNITED STATES MAGISTRATE JUDGE

Case 3:20-cr-00040-MCR Document 237 Filed 02/24/21 Page 1 of 2
3:20-cr-40-MCR

Page 2 of 2

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations may be filed 

within twenty-four (24) hours after being served a copy thereof. Any different 

deadline that may appear on the electronic docket is for the court’s internal use 

only, and does not control. A copy of objections shall be served upon the 

magistrate judge and all other parties. A party failing to object to a magistrate 

judge's findings or recommendations contained in a report and 

recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) 

waives the right to challenge on appeal the district court's order based on 

unobjected-to factual and legal conclusions. See U.S. Ct. of App. 11th Cir. Rule 

3-1; 28 U.S.C. § 636.

Case 3:20-cr-00040-MCR Document 237 Filed 02/24/21 Page 2 of 2
<TABLE> <S> <C>


<ARTICLE>                     5

       
<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>                              dec-31-1996
<PERIOD-END>                                   sep-30-1996
<CASH>                                         915,827
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               1,074,746
<PP&E>                                         10,603,814
<DEPRECIATION>                                 4,199,584
<TOTAL-ASSETS>                                 7,681,675
<CURRENT-LIABILITIES>                          463,719
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     2,367,282
<TOTAL-LIABILITY-AND-EQUITY>                   7,681,675
<SALES>                                        464,244
<TOTAL-REVENUES>                               464,244
<CGS>                                          170,119
<TOTAL-COSTS>                                  284,577
<OTHER-EXPENSES>                               (6,089)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             118,880
<INCOME-PRETAX>                                (103,243)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (103,243)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (103,243)
<EPS-PRIMARY>                                  (6.09)
<EPS-DILUTED>                                  (6.09)
        


</TABLE>
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

UNITED STATES OF AMERICA

v. CASE NO. 1:02-cr-45-MP-GRJ-1

 

STEVEN LAWRENCE LAKE

____________________________/

O R D E R

This matter is before the Court on Doc. 218, a Motion to Vacate under 28 U.S.C.

§ 2255. Petitioner has failed to provide the required two identical service copies of the

petition. This deficiency must be corrected before the Court undertakes further review

of the petition. Additionally, the Court notes that Page 19 of the attached Memorandum

of Law is missing from Petitioner’s filing.

Accordingly, it is ORDERED:

1. Petitioner shall provide two identical service copies of his Petition to the Clerk

on or before February 11, 2013.

2. Failure to comply with this Order within the allotted time will result in a

recommendation to the District Judge that this case be dismissed.

DONE AND ORDERED this 22 day of January 2013. nd

s/ Gary R. Jones 

GARY R. JONES

United States Magistrate Judge
EXHIBIT
      32




Statement
      Required by 18 U.S.C. Section 1350, as adopted pursuant to


Section
      906 of the Sarbanes-Oxley Act of 2002




Pursuant
      to 18 U.S.C. §1350, each undersigned officer of NYSE Group, Inc. (the “Company”)
      hereby certifies that, to such officer’s knowledge, the quarterly report on Form
      10-Q of the Company for the fiscal quarter ended June 30, 2006 (the “Report”),
      fully complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934, as amended, and that information contained in the Report
      fairly presents, in all material respects, the financial condition and results
      of operations of the Company.








Date:
            August
                11, 2006
            
            /s/
                John A. ThainJohn
                A. ThainChief
                Executive OfficerNYSE
                Group, Inc.







Date:
            August
                11, 2006
            
            /s/
                Nelson ChaiNelson
                ChaiChief
                Financial OfficerNYSE
                Group, Inc.







The
      foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350
      and is not being filed as part of the Report or as a separate disclosure
      document.




A
      signed original of this written statement required by Section 906 has been
      provided to the Company and will be retained by the Company and furnished to
      the
      Securities and Exchange Commission or its staff upon request.
#### § 58.61 Political activity.

All inspectors or graders are forbidden during the period of their respective appointments or licenses to take an active part in political management or in political campaigns. Political activities in city, county, State, or national elections, whether primary or regular, or in behalf of any party or candidate, or any measure to be voted upon, is prohibited. This applies to all appointees, including, but not being limited to, temporary and cooperative employees and employees on leave of absence with or without pay. Willful violation of this section will constitute grounds for dismissal in the case of appointees and revocation of licenses in the case of licensees.
#### Nourollah Elghanayan, Respondent, v ICC Export, Inc., Appellant, et al., Defendants.

Order, Supreme Court, New York County, entered on September 6, 1979, and judgment entered thereon on September 12, 1979, unanimously affirmed. Respondent shall recover of appellant $75 costs and disbursements of these appeals. Appeal from the order, Supreme Court, New York County (Klein, J.), entered on January 10, 1980 is dismissed as from a nonappealable order, without costs and without disbursements. No opinion. Concur—Ross, J. P., Markewich, Lupiano, Bloom and Carro, JJ.
EXHIBIT 99.1

            SECTION 906 CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER



         I, Jack L. Messman, Chief Executive Officer of Novell, Inc., a Delaware
corporation (the "Company"), hereby certify that:

         (1)      The Company's periodic report on Form 10-Q for the period
                  ended January 31, 2003 (the "Form 10-Q") fully complies with
                  the requirements of Section 13(a) of the Securities Exchange
                  Act of 1934, as amended; and

         (2)      The information contained in the Form 10-Q fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.



                                                                 * * *

CHIEF EXECUTIVE OFFICER

/s/ Jack L. Messman
--------------------------------
Jack L. Messman

Date: March 17, 2003


<PAGE>



                                                                    EXHIBIT 99.2


            SECTION 906 CERTIFICATION BY THE CHIEF FINANCIAL OFFICER



         I, Joseph S. Tibbetts, Jr., Chief Financial Officer of Novell, Inc., a
Delaware corporation (the "Company"), hereby certify that:

         (1)      The Company's periodic report on Form 10-Q for the period
                  ended January 31, 2003 (the "Form 10-Q") fully complies with
                  the requirements of Section 13(a) of the Securities Exchange
                  Act of 1934, as amended; and

         (2)      The information contained in the Form 10-Q fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.


                                                                 * * *

CHIEF FINANCIAL OFFICER

/s/ Joseph S. Tibbetts, Jr.
--------------------------------
Joseph S. Tibbetts, Jr.

Date: March 17, 2003
#### § 51.53 Continuous inspections.

Continuous inspection service which is associated with the use of the approved shield showing the U.S. grade, the approved continuous inspection legend, or both, on the container may be furnished whenever inspectors are available, the facilities and conditions are satisfactory for the conduct of the service, and there is a signed contract between the applicant and the Department or a cooperative Federal-State Inspection Agency in which it is agreed that such service will be conducted subject to regulations governing the inspection and certification of fresh fruits, vegetables, and other products, contained in this part and any additional and supplemental instructions issued by the Department or such instructions issued by a cooperating agency which are not inconsistent with those issued by the Department.
#### DORN, Appellant, v. BATES, Respondent.

(Supreme Court, Appellate Division, Fourth Department.

October 3, 1906.)

Action by Ellen L)orn against Orson C. Bates.

No opinion. Jsdgment affirmed, with costs.
52.216-1 Type of Contract.

As prescribed in 16.105 , complete and insert the following provision:

Type of Contract (Apr 1984)

The Government contemplates award of a ______________ [Contracting Officer insert specific type of

contract] contract resulting from this solicitation.

(End of provision)

Parent topic: 52.216 [Reserved]
47.001 Definitions.       As used in this part-          *Bill of lading* means a transportation document, used as a receipt of goods, as documentary evidence of title, for clearing customs, and generally used as a contract of carriage.                                                                                (1) 								                "Commercial bill of lading (CBL)", unlike the Government bill of lading, is not an accountable transportation document.                                                            (2) 								                "Government bill of lading (GBL)" is an accountable transportation document, authorized and prepared by a Government official.                      *Carrier* or "commercial carrier" means a common carrier or a contract carrier.                      *Common carrier* means a person holding itself out to the general public to provide transportation for compensation.                      *Contract carrier* means a person providing transportation for compensation under continuing agreements with one person or a limited number of persons.                      *Government rate tender* under 49 U.S.C. 10721 and 13712 means an offer by a common carrier to the United States at a rate below the regulated rate offered to the general public.                      *Household goods* in accordance with 49 U.S.C. 13102 means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects or property is arranged and paid for by-(1) The householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the householder; or                                                                                       (2) Another party.                               *Noncontiguous domestic trade* means transportation (except with regard to bulk cargo, forest products, recycled metal scrap, waste paper, and paper waste) subject to regulation by the Surface Transportation Board involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the United States (see 49 U.S.C. 13102(15) and 1 3702).                               *Released or declared value* means the assigned value of the cargo for reimbursement purposes, not necessarily the actual value of the cargo. Released value may be more or less than the actual value of the cargo. The released value is the maximum amount that could be recovered by the agency in the event of loss or damage for the shipments of freight and household goods.    **Parent topic:** Part 47 - Transportation
§ 56.65 Procedures for appeal gradings. ( a ) The appeal sample shall consist of product taken from the original sample container plus an equal number of samples selected at random.
( b ) When the original samples are not available or have been altered, such as the removal of undergrades, the appeal sample size for the lot shall consist of double the samples required in § 56.4(b).
( c ) Shell eggs shall not have been moved from the original place of grading and must have been maintained under adequate refrigeration and humidity conditions.
[35 FR 9918, June 17, 1970. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 47 FR 46070, Oct. 15, 1982; 47 FR 54421, Dec. 3, 1982; 69 FR 76376, Dec. 21, 2004; 71 FR 42010, July 24, 2006]
List of Documents Posted in Docket No. EPA-HQ-RCRA-2012-0028

# Document Title

1 List of Documents Posted in Docket No. EPA-HQ-RCRA-2012-0028

2 List of Coal Plant and Closest Receiving Water

3 2006 National Survey of Fishing, Hunting, and Wildlife-Associated Recreation [FHW/06-NAT]

4 Plume Interception by a Stream and Contaminant Concentrations at Receptor Wells Located Downgradient from the Stream

5 Algorithms to Pre-Process Leaching Data to Generate Source Terms for Modeling Landfill Leachate Migration in Ground Water.

6 Chemical Specific Data

7 North Carolina Documented Cases of Structural Fills Using Coal Ash as of January 2010

8 Structural Fills That Have Resulted in Damage Cases

9 Advances in Design of Landfills over CCR Ponds and CCR Landfills

10 Houlihan, M., Advances in Design of Landfills Over CCB Ponds and Landfills. 16 January 2013

11 Use of Bottom Ash in the Reinforced Zone of a Mechanically Stabilized Earth Wall for the Vertical Expansion of a Sluiced CCR Pond at the Trimble 

County Generating Station

12 North Carolina Statute Allowing Landfills On Top of Surface Impoundments

13 Comment to the Proposed Rule from The Detroit Edison Company

14 Assessment of Dam Safety Coal Combustion Surface Impoundments (Task 3) Final Report, Allegheny Energy R. Paul Smith Station

15 Coal Combustion Waste Impoundment Task 3- Dam Assessment Report, American Electric Power John E. Amos Plant

16 Xcel Energy Response to Request for Information relating to Surface Impoundments Under 104 (e) of the Comprehensive Environmental Response, 

Compensation, and Liability Act, 42 U.S.C. 9604(e).

17 Coal Combustion Waste Impoundment Dam Assessment Report, PPL Generation Martins Creek Steam Electric Station

Attachments:

18 Coal Combustion Waste Impoundment Dam Assessment Report, PPL Generation Martins Creek Steam Electric Station Supplemental Information

19 Santee Cooper Grainger Generating Station Proposed Closure Plan Cover Letter.

Attachments:

20 Santee Cooper Grainger Generating Station Proposed Closure Plan Executive Summary

21 Santee Cooper Grainger Generating Station Proposed Closure Plan Description

22 Santee Cooper Grainger Generating Station Proposed Closure Plan Engineering Schedule

23 Santee Cooper Grainger Generating Station Proposed Closure Plan Construction Schedule

24 Santee Cooper Grainger Generating Station Proposed Closure Plan Grading Plan

25 Santee Cooper Grainger Generating Station Proposed Closure Plan Section Drawings

26 Santee Cooper Grainger Generating Station Proposed Closure Plan Alternatives Analysis

27 Santee Cooper Grainger Generating Station Proposed Closure Plan Laboratory Analytical Data

28 Challenges of Closing Large Fly Ash Ponds

29 Comparison of the Final Notice to the Draft Notice received by the Office of Management and Budget on February 2, 2012.
52.209-14 Reserve Officer Training Corps

and Military Recruiting on Campus.

As prescribed in 9.110-5 , insert the following clause:

Reserve Officer Training Corps and Military Recruiting on Campus (Nov 2021)

(a) Definitions. As used in this clause—

Covered agency means—

(1)The Department of Defense;

(2)Any department or agency for which regular appropriations are made in a Department of Labor,

Health and Human Services; and Education, and Related Agencies Appropriations Act;

(3)The Department of Homeland Security;

(4)The National Nuclear Security Administration of the Department of Energy;

(5)The Department of Transportation; or

(6)The Central Intelligence Agency.

Institution of higher education means an institution that meets the requirements of 20 U.S.C. 1001

and includes all sub-elements of such an institution.

(b) Limitation on contract award. Except as provided in paragraph (c) of this clause, an institution of

higher education is ineligible for contract award if the Secretary of Defense determines that the

institution has a policy or practice (regardless of when implemented) that prohibits or in effect

prevents—

(1) The Secretary of a military department from maintaining, establishing, or operating a unit of the

Senior Reserve Officer Training Corps (ROTC) at that institution (or any sub-element of that

institution);

(2) A student at that institution (or any sub-element of that institution) from enrolling in a unit of the

Senior ROTC at another institution of higher education;

(3) The Secretary of a military department or the Secretary of Homeland Security from gaining

access to campuses, or access to students (who are 17 years of age or older) on campuses, for

purposes of military recruiting; or

(4) Military recruiters from accessing, for purposes of military recruiting, the following information

pertaining to students (who are 17 years of age or older) enrolled at that institution:

(i) Name, address, and telephone listings.

(ii) Date and place of birth, educational level, academic majors, degrees received, and the most

recent educational institution enrolled in by the student.
(c) Exception. The limitation in paragraph (b) of this clause does not apply to an institution of higher

education if the Secretary of Defense determines that—

(1) The institution has ceased the policy or practice described in paragraph (b) of this clause; or

(2) The institution has a long-standing policy of pacifism based on historical religious affiliation.

(d) Notwithstanding any other clause of this contract, if the Secretary of Defense determines that

the institution has violated the contract in paragraph (b) of this clause—

(1) The institution will be ineligible for further payments under this and any other contracts with this

agency and any other covered agency, except for contracts at or below the simplified acquisition

threshold or contracts for the acquisition of commercial products or commercial services; and

(2) The Government will terminate this contract for default for the institution's material failure to

comply with the terms and conditions of award.

(End of clause)

Parent topic: 52.209 [Reserved]
#### § 53.20 Identification.

All official graders and supervisors shall have their Agricultural Marketing Service identification cards in their possession at all times while they are performing any function under the regulations and shall identify themselves by such cards upon request.