alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Alexander T. Arthur, Appellant, v. Sol. H. Kohn, Respondent.

(Argued June 19, 1884 ;

decided June 27, 1884.)

*Joseph M. Pray*for appellant.

*Benjamin F. Tracy*for respondent.

Agree to dismiss appeal; no opinion.

All concur.

Appeal dismissed.
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO. 2:06cr169-WKW

)

CLIFF JOHNSON, )

DEMETRIA MILLS and )

JAMES CALVIN TALLEY )

UNITED STATES’ MOTION TO SUBSTITUTE COUNSEL

Comes now the United States of America, by and through Leura

G. Canary, United States Attorney, Middle District of Alabama, and

hereby moves the Court to substitute Assistant United States

Attorney Tommie Brown Hardwick, as counsel for the United States of

America in this matter in place of former Assistant United States

Attorney John T. Harmon.

Respectfully submitted this 19 day of February, 2008. th

LEURA G. CANARY

UNITED STATES ATTORNEY

/s/Tommie Brown Hardwick

TOMMIE BROWN HARDWICK

Assistant United States Attorney

Bar Number: ASB4152 W86T

131 Clayton Street

Montgomery, Alabama 36104

Phone: (334) 223-7280

Fax: (334) 223-7135

E-mail: tommie.hardwick@usdoj.gov

Case 2:06-cr-00169-WKW-SRW Document 565 Filed 02/19/2008 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that on February 19, 2008, I electronically

filed the foregoing with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to all counsel

of record.

Respectfully submitted,

/s/Tommie Brown Hardwick

TOMMIE BROWN HARDWICK

Assistant United States Attorney

Case 2:06-cr-00169-WKW-SRW Document 565 Filed 02/19/2008 Page 2 of 2
52.207 [Reserved]

52.207-1 Notice of Standard Competition.

52.207-2 Notice of Streamlined Competition.

52.207-3 Right of First Refusal of Employment.

52.207-4 Economic Purchase Quantity-Supplies.

52.207-5 Option to Purchase Equipment.

52.207-6 Solicitation of Offers from Small Business Concerns and Small Business

Teaming Arrangements or Joint Ventures (Multiple-Award Contracts).

Parent topic: Subpart 52.2 - Text of Provisions and Clauses
#### § 52.773 Liquid media and Brix measurements.

(a) Brix measurement requirements for the liquid media in canned red tart pitted cherries are not incorporated in the grades of the finished product since sirup, or any other liquid medium, as such, is not a factor of quality for the purpose of the grades. The designation of liquid packing media and Brix measurements, where applicable, are as follows:

| Designations | Brix measurements |
| --- | --- |
| “Extra heavy sirup;” or “Extra heavily sweetened fruit juice(s) and water;” or “Extra heavily sweetened fruit juice(s).” | 28° or more but not more than 45°. |
| “Heavy sirup;” or “Heavily sweetened fruit juice(s) and water;” or “Heavily sweetened fruit juice(s).” | 22° or more but less than 28°. |
| “Light sirup;” or “Lightly sweetened fruit juice(s) and water;” or “Lightly sweetened fruit juice(s).” | 18° or more but less than 22. |
| “Slightly sweetened water;” or “Slightly sweetened fruit juice(s) and water;” or “Slightly sweetened fruit juice(s).” | Less than 18°. |
| “In water” | Not applicable. |
| “In fruit juice(s) and water.” | Do. |
| “In fruit juice(s)” | Do. |

(b) The densities of the packing media, as listed in this section, are measured on the refractometer, expressed as percent by weight sucrose (degrees Brix) with correction for temperature to the equivalent at 20 °C. (68 °F.), but without correction for invert sugars or other substances. The Brix measurement of the packing media may be determined by any other method which gives equivalent results.

(c) Brix determination is made on the packing media 15 days or more after the cherries are canned or on the blended homogenized slurry of the comminuted entire contents of the container if canned for less than 15 days.

[39 FR 13963, Apr. 18, 1974, as amended at 41 FR 15020, Apr. 9, 1976. Redesignated at 42 FR 32514, June 27, 1977 and further redesignated at 46 FR 63203, Dec. 31, 1981]
<TABLE> <S> <C>

<ARTICLE> 5
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This schedule contains summary financial information extracted from the
Condensed Consolidated Balance Sheet and Condensed Consolidated Statement of
Income filed as part of Form 10-Q and is qualified in its entirety by reference
to such Form 10-Q.
</LEGEND>
<MULTIPLIER> 1,000

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<ALLOWANCES>                                    25,884
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</TABLE>
# C_2014145EN.01000501.xml

| 15.5.2014 | EN | Official Journal of the European Union | C 145/5 |
| --- | --- | --- | --- |

15.5.2014

EN

Official Journal of the European Union

C 145/5

---

COUNCIL DECISION

of 6 May 2014

appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

2014/C 145/04

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),

1

Having regard to the nomination submitted by the Italian government,

Whereas:

| (1) | By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015. |
| --- | --- |

(1)

By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

2

| (2) | A member’s seat is available for Italy on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Ms Lucia SCARPITTI. |
| --- | --- |

(2)

A member’s seat is available for Italy on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Ms Lucia SCARPITTI.

| (3) | The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015. |
| --- | --- |

(3)

The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015.

HAS DECIDED AS FOLLOWS:

Sole Article

The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

17 September 2015

Government representatives:

| ITALY | Mr Salvatore PIRRONE |
| --- | --- |

ITALY

Mr Salvatore PIRRONE

Done at Brussels, 6 May 2014.

For the Council

The President

G. STOURNARAS

---

(1)  OJ L 39, 13.2.1975, p. 1.

1

(2)  OJ C 228, 31.7.2012, p. 3.

2

---
MEMORANDUM OPINION

No. 04-10-00166-CV

Clifton S. RECKER, Jr. and Glenda Recker,

Appellants

v.

LA VERNIA INDEPENDENT SCHOOL DISTRICT and Wilson County,

Appellees

From the 81st Judicial District Court, Wilson County, Texas

Trial Court No. 04-09-0413-CVW

Honorable Stella Saxon, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: February 9, 2011

DISMISSED FOR WANT OF PROSECUTION

On November 23, 2010, appellants were informed that the brief they had filed flagrantly 

violated Rule 38.1 of the Texas Rules of Appellate Procedure. Appellants were ordered to file an 

amended brief no later than December 13, 2010. Appellants were cautioned that if the appellants 

failed to file an amended brief by the deadline, this court could strike appellants’ brief, prohibit 

the filing of another brief, and proceed as if appellants had failed to file a brief. TEX. R. APP. P.

38.9(a). Although appellants filed a copy of a letter addressed to appellees’ attorney in this court 
04-10-00166-CV

- 2 -

on December 15, 2010, acknowledging the required filing of an amended brief, appellants failed 

to file an amended brief by the given deadline. 

On January 5, 2011, this court issued an order striking the brief filed by the appellants on 

November 22, 2010. TEX. R. APP. P. 38.9(a). Appellants were ordered to file an amended brief 

in compliance with Rule 38.1 of the Texas Rules of Appellate Procedure, accompanied by a 

motion containing a reasonable explanation for their failure to comply with this court’s prior 

order, no later than January 18, 2011. This court’s order cautioned appellants that the failure to 

meet this deadline would result in this appeal being dismissed for want of prosecution. TEX. R.

APP. P. 38.8(a)(1), 42.3(c). Appellants failed to file an amended brief or a motion by January 18, 

2011. Accordingly, this appeal is dismissed for want of prosecution.

PER CURIAM
52.203-3 Gratuities.

As prescribed in 3.202 , insert the following clause:

Gratuities (Apr 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and

hearing, the agency head or a designee determines that the Contractor, its agent, or another

representative-

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the

Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled-

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor

more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned,

as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this

contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are

in addition to any other rights and remedies provided by law or under this contract.

(End of clause)

Parent topic: 52.203 [Reserved]
52.228-1 Bid Guarantee.

As prescribed in 28.101-2 , insert a provision or clause substantially as follows:

Bid Guarantee (Sept 1996)

(a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of

bids, may be cause for rejection of the bid.

(b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond

supported by good and sufficient surety or sureties acceptable to the Government, postal money

order, certified check, cashier’s check, irrevocable letter of credit, or, under Treasury Department

regulations, certain bonds or notes of the United States. The Contracting Officer will return bid

guarantees, other than bid bonds-

(1) To unsuccessful bidders as soon as practicable after the opening of bids; and

(2) To the successful bidder upon execution of contractual documents and bonds (including any

necessary coinsurance or reinsurance agreements), as required by the bid as accepted.

(c) The amount of the bid guarantee shall be ______ percent of the bid price or $________, whichever

is less.

(d) If the successful bidder, upon acceptance of its bid by the Government within the period

specified for acceptance, fails to execute all contractual documents or furnish executed bond(s)

within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the

contract for default.

(e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring

the work that exceeds the amount of its bid, and the bid guarantee is available to offset the

difference.

(End of clause)

Parent topic: 52.228 [Reserved]
#### Morris Goldsmith, Doing Business as Oakhollow Nursing Center, Appellant, v Suffolk County (Suffolk County Department of Social Services), Respondent. (And a Third-Party Action.)

In an action to recover for services rendered and supplies furnished to persons eligible for Medicaid, plaintiff Oakhollow Nursing Center appeals from so much of an order of the Supreme Court, Suffolk County, entered October 3, 1979, as granted defendant Suffolk County’s motion for summary judgment dismissing the complaint. Order reversed insofar as appealed from, without costs or disbursements, and motion for summary judgment denied. An issue of fact is presented for resolution at a trial as to when, if ever, prior to the notice of defendant to its Medicaid providers dated July, 1977, a change was effectuated with respect to the period of time within which claims for Medicaid reimbursement were to be submitted, and what sums, if any, are due to plaintiff under the circumstances. Lazer, J. P., Gibbons, Gulotta and Weinstein, JJ., concur.
36.507 Permits and responsibilities.

The contracting officer shall insert the clause at 52.236-7, Permits and Responsibilities, in

solicitations and contracts when a fixed-price or cost-reimbursement construction contract or a

fixed-price dismantling, demolition, or removal of improvements contract is contemplated.

Parent topic: Subpart 36.5 - Contract Clauses
#### § 58.445 General identification.

Bulk cheese for cutting and the container for cheese for manufacturing shall be legibly marked with the name of the product, code or date of manufacture, vat number, officially designated code number or name and address of manufacturer. Each consumer sized container shall meet the applicable regulations of the Food and Drug Administration.
Subpart 22.2 - Convict Labor

Parent topic: Part 22 - Application of Labor Laws to Government Acquisitions

22.201 General.

(a) Executive Order11755, December 29,1973, as amended by Executive Order12608, September

9,1987, and Executive Order12943, December 13,1994, states: "The development of the

occupational and educational skills of prison inmates is essential to their rehabilitation and to their

ability to make an effective return to free society. Meaningful employment serves to develop those

skills. It is also true, however, that care must be exercised to avoid either the exploitation of convict

labor or any unfair competition between convict labor and free labor in the production of goods and

services." The Executive order does not prohibit the contractor, in performing the contract, from

employing-

(1) Persons on parole or probation;

(2) Persons who have been pardoned or who have served their terms;

(3) Federal prisoners; or

(4) Nonfederal prisoners authorized to work at paid employment in the community under the laws of

a jurisdiction listed in the Executive order if-

(i) The worker is paid or is in an approved work training program on a voluntary basis;

(ii) Representatives of local union central bodies or similar labor union organizations have been

consulted;

(iii) Paid employment will not-

(A) Result in the displacement of employed workers;

(B) Be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the

locality; or

(C) Impair existing contracts for services;

(iv) The rates of pay and other conditions of employment will not be less than those for work of a

similar nature in the locality where the work is being performed; and

(v) The Attorney General of the United States has certified that the work-release laws or regulations

of the jurisdiction involved are in conformity with the requirements of Executive Order11755, as

amended.

(b) Department of Justice regulations authorize the Director of the Bureau of Justice Assistance to

exercise the power and authority vested in the Attorney General by the Executive order to certify

and to revoke the certification of work-release laws or regulations (see 28 CFR0.94-1(b)).
22.202 Contract clause.

Insert the clause at 52.222-3, Convict Labor, in solicitations and contracts above the micro-purchase

threshold, when the contract will be performed in the United States, Puerto Rico, the Northern

Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless-

(a) The contract will be subject to 41 U.S.C. chapter 65, (see subpart 22.6), which contains a

separate prohibition against the employment of convict labor;

(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 

8.6); or

(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be

secured in the open market or from existing stocks, as distinguished from supplies requiring special

fabrication.
§ 58.735 Quality specifications for raw materials. ( a ) *Cheddar colby, washed or soaked curd, granular or stirred curd cheese.* Cheese, used in the manufacture of pasteurized process cheese products which are identified with the USDA official identification shall possess a pleasing and desirable taste and odor consistent with the age of the cheese; shall have body and texture characteristics which will impart the desired body and texture characteristics in the finished product; and shall possess finish and appearance characteristics which will permit removal of all packaging material and surface defects. The cheese shall at least meet the requirements of U.S. Standard Grade for Bulk American Cheese for Manufacturing provided the quantity of the cheese with any one defect as listed for U.S. Standard Grade is limited, to assure compliance with the specifications of the finished product.
( b ) *Swiss.* Swiss cheese used in the manufacture of pasteurized process cheese and related products bearing official identification shall be U.S. Grade B or better, except that the cheese may be blind or possess finish characteristics which do not impair the interior quality.
( c ) *Gruyere.* Gruyere cheese used in the manufacture of process cheese and related products shall be of good wholesome quality and except for smaller eyes and sharper flavor shall meet the same requirements as for Swiss cheese.
( d ) *Cream cheese, Neufchatel cheese.* Mixed with other foods, or used for spreads and dips shall possess a fresh, pleasing and desirable flavor.
( e ) *Cream, plastic cream and anhydrous milkfat.* These food products shall be pasteurized, sweet, have a pleasing and desirable flavor and be free from objectionable flavors, and shall be obtained from milk which complies with the quality requirements as specified in § 58.132 of this subpart.
( f ) *Nonfat dry milk.* Nonfat dry milk used in officially identified cheese products shall meet the requirements of U.S. Extra Grade except that the moisture content may be in excess of that specified for the particular grade.
( g ) *Whey.* Condensed or dry whey used in officially identified cheese products shall meet the requirements for USDA Extra Grade except that the moisture requirement for dry whey may be waived.
( h ) *Flavor ingredients.* Flavor ingredients used in process cheese and related products shall be those permitted by the Food and Drug Standards of Identity, and in no way deleterious to the quality or flavor of the finished product. In the case of bulky flavoring ingredients such as pimento, the particles shall be, to at least a reasonable degree, uniform in size, shape and consistency. The individual types of flavoring materials shall be uniform in color and shall impart the characteristic flavor desired in the finished product.
( i ) *Other ingredients.* For coloring, acidifying agents, salt, and emulsifying agents see §§ 58.719, 58.720, 58.721 and 58.722.
§ 6.36 Miscellaneous. ( a ) If any deadline date in this subpart falls on a Saturday, Sunday, or a Federal holiday, then the deadline shall be the next business day.
( b ) All applications and fee payments required under this subpart shall be made utilizing the electronic software designated for this purpose by the Licensing Authority, and official correspondence with the Licensing Authority, except as provided under § 6.28(b), shall be by email. Digital scanned versions (*e.g.* PDF, JPEG, TIF, etc.) of hardcopy documents submitted by email are acceptable electronic communications.
[80 FR 44254, July 27, 2015]