alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of the Claim of Thomas E. Wallace, Respondent, v Oswego Wire, Inc., et al., Appellants. Workers’ Compensation Board, Respondent.

[814 NYS2d 380]

Peters, J.

Appeal from a decision of the Workers’ Compensation Board, filed January 14, 2005, which ruled that claimant sustained a causally related consequential injury.

Claimant sustained a work-related right knee injury in March 2002 and thereafter began receiving workers’ compensation benefits. In October 2002, while still out of work, claimant was at home cutting wood with a table saw when his injured right knee gave out, causing him to lose his balance and cut his left hand on the saw. A workers’ compensation law judge subse*1058quently determined that claimant’s left hand injury was consequentially related to his previously established right knee injury. The Workers’ Compensation Board affirmed that decision, prompting this appeal by the employer and its workers’ compensation carrier.

Whether a claimant’s disability consequentially arose from injuries sustained in a previous accident is a factual issue left for resolution by the Board *(see Matter of Scofield v City of Beacon Police Dept.,*290 AD2d 845, 846 [2002]; *Matter ofTrickel v Judski Assoc.,*247 AD2d 778, 779 [1998]). Likewise, it is for the Board to decide whether a claimant’s conduct is unreasonable and therefore constitutes an intervening act negating causality *(see Matter of Pellerin v New York State Dept. of Correction,*215 AD2d 943, 944 [1995], *lv denied 87*NY2d 806 [1996]). Here, we find that substantial evidence supports the Board’s determination that claimant’s conduct in using the table saw despite his knee condition was not “so unreasonable as to find that it was an intervening cause” *(see id.*at 944). Although claimant had only been advised to forgo weight bearing activities and was aware of the possibility that his knee could give out, the record reveals that such buckling had occurred only on a relatively infrequent basis and, indeed, had not happened in more than a month. Under these circumstances, we discern no basis to disturb the Board’s factual decision.

Crew III, J.P., Carpinello, Lahtinen and Kane, JJ., concur. Ordered that the decision is affirmed, with costs to claimant.
Exhibit 35
                                  ----------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWMBS, INC.
                    CHL MORTGAGE PASS-THROUGH TRUST 2006-16
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-16


      The undersigned does hereby certify that the undersigned is an officer
of Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing
LP (the "Master Servicer"), and does hereby further certify pursuant to
Section 3.16 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.




/s/ Craig Baingo                                      Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
II 

109TH CONGRESS 

2D SESSION S. 2647 

To suspend temporarily the duty on certain acrylic fiber tow imported in 

the form of 6 sub-bundles. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2006 

Mr. THOMAS (for himself and Mr. ENZI) introduced the following bill; which 

was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain acrylic fiber 

tow imported in the form of 6 sub-bundles. 

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

3 SECTION 1. CERTAIN ACRYLIC FIBER TOW IMPORTED IN 

4 THE FORM OF 6 SUB-BUNDLES. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 


CCOLEMAN on PROD1PC71 with BILLS
2 

•S 2647 IS 

‘‘ 9902.11.12 Acrylic fiber tow 

(polyacrylonitrile tow) containing by weight a minimum of 92 percent acrylonitrile, not more than 0.1 

percent zinc and from 2 to 8 

percent water, imported in 

the form of 6 sub-bundles 

crimped together, each containing 45,000 filaments 

(plus or minus 0.06 percent) 

and with average filament 

denier of either 1.48 decitex 

(plus or minus 0.08 percent) 

or 1.32 decitex (plus or 

minus 0.09 percent) (provided for in subheading 

5501.30.00) ......................... Free No change No change On or before 

12/31/2009 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act. 

Æ 


CCOLEMAN on PROD1PC71 with BILLS
#### § 51.1179 Method of juice extraction.

The juice used in the determining of solids, acids and juice content shall be extracted from representative samples as thoroughly as possible with a hand reamer or by such mechanical extractor or extractors as may be approved. The juice shall be strained through cheese cloth or other approved straining device of extra fine mesh to prevent passage of juice cells, pulp, or seeds.
NUMBER 13-14-00715-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

____________________________________________________________

CARLOS GUTIERREZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On appeal from the 105th District Court

of Nueces County, Texas.

____________________________________________________________

ORDER OF ABATEMENT

Before Chief Justice Valdez and Justices Rodriguez and Garza

Order Per Curiam

Appellant, Carlos Gutierrez, has filed a notice of appeal with this Court from his 

conviction in trial court cause number 13-CR-1766-D. The trial court's certification of the 

defendant's right to appeal shows that the defendant does not have the right to appeal. 

See TEX. R. APP. P. 25.2(a)(2). 
2

On December 16, 2014, we ordered appellant's counsel, Gabi S. Canales, to, 

within thirty days, review the record and advise this Court as to whether appellant has a 

right to appeal. See TEX. R. APP. P. 44.3, 44.4. No response to this Court's order has 

been received. Therefore, we ABATE this appeal and REMAND this cause to the trial 

court for a hearing to determine why counsel has failed to comply with this Court's order. 

The trial court's findings and conclusions shall be included in a supplemental clerk's 

record. The trial court shall file the supplemental clerk's record and reporter's record, if 

any, with the Clerk of this Court within thirty days of the date of this order.

If the trial court determines that counsel is unable to represent appellant in this 

matter, the trial court shall conduct a hearing to determine whether appellant desires to 

prosecute the appeal, whether appellant is indigent, and whether appellant is entitled to 

appointed counsel. See Penson v. Ohio, 488 U.S. 75, 83-84 (1988); Stafford v. State, 

813 S.W.2d 503, 511 (Tex. Crim. App. 1991). We further direct the trial court to issue 

findings of fact and conclusions of law regarding these issues. Should the trial court find 

that appellant desires to pursue this appeal, is indigent, and is entitled to appointed 

counsel, the trial court shall appoint counsel. If counsel is appointed, the name, address, 

telephone number, and state bar number of said counsel shall be included in the trial 

court's findings of fact and conclusions of law.

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the

4th day of February, 2015.
3
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

RANDY L. WOULLARD,

Plaintiff,

vs. CASE NO: 3:20-CV-5421-LC-MAF

SERGEANT ERYN CARTER,

Defendant.

_______________________/

O R D E R

This Cause comes before the Court upon Plaintiff’s recent filing entitled 

“Motion for an Order Compelling Discovery” for a request he sent to 

Defendant on September 13, 2021. ECF No. 87. Plaintiff claims that 

Defendant has not fully answered admissions numbered 12 through 23; 

separately, he also states he has “not received the answers.” Id. Plaintiff 

alleges that “Defendant has shown a consistent pattern” of refusing 

discovery requests until he compels an order from the Court. Id. The Court 

construes Plaintiff’s motion as one filed pursuant to Fed. R. Civ. P. 37. For 

the reasons stated, Plaintiff’s motion is due to be denied.

Pursuant to Fed. R. Civ. P. 36 (a)(3), “[a] matter is admitted unless, 

within 30 days of being served, the party to whom the request is directed 

Case 3:20-cv-05421-MCR-MAF Document 88 Filed 10/19/21 Page 1 of 2
Page 2 of 2

Case No.: 3:20-CV-5421-LC-MAF

serves . . . a written answer or objection.” However, a motion for an order 

compelling disclosure or discovery “must include a certification that the 

movant has in good faith conferred or attempted to confer with the person 

failing to make the disclosure . . . in an effort to obtain it without court action.” 

Fed. R. Civ. P. 37. Plaintiff mailed the instant motion on the 30th day and did

not certify that he attempted to obtain Defendant’s answers without court 

action. It is also unclear from the motion whether Defendant failed to respond 

to the admissions 12 though 23 at all or if he just failed to answer them “fully.” 

See ECF No. 87. The supplemental discovery period is open until 

November 14, 2021.

The time within which Defendant was required to respond to Plaintiff’s 

discovery request was set to expire on the same date Plaintiff filed this 

motion to the Court. Thus, Plaintiff’s motion is premature. Accordingly, it is

ORDERED:

Plaintiff’s “Motion for an Order Compelling Discovery,” ECF No. 87, is 

DENIED, without prejudice.

DONE AND ORDERED in chambers on October 19, 2021.

s/ Martin A. Fitzpatrick

MARTIN A. FITZPATRICK

UNITED STATES MAGISTRATE JUDGE

Case 3:20-cv-05421-MCR-MAF Document 88 Filed 10/19/21 Page 2 of 2
# L_2014140EN.01017801.xml

| 14.5.2014 | EN | Official Journal of the European Union | L 140/178 |
| --- | --- | --- | --- |

14.5.2014

EN

Official Journal of the European Union

L 140/178

---

Corrigendum to Regulation (EU) No 422/2014 of the European Parliament and of the Council of 16 April 2014 adjusting with effect from 1 July 2011 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto

(
  Official Journal of the European Union L 129 of 30 April 2014
  )

On page 7, Article 3, in the table, column 5 ‘Remuneration’, entry for ‘United Kingdom’:

for:

‘120,8’,

read:

‘128,0’.

---
1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

SKANSKA USA CIVIL

SOUTHEAST, INC. AND ADMIRALTY RULE 9(H)

SKANSKA USA, INC. AS 

OWNERS OF THE BARGE KS CIVIL ACTION NO.

5531 PRAYING FOR 3:20-CV-5980 –RV/MJF

EXONERATION FROM OR 

LIMITATION OF LIABILITY

SENIOR DISTRICT JUDGE

LACEY A. COLLIER

NOTICE OF APPEAL

Notice is hereby given that Petitioners, Skanska USA Civil Southeast, Inc. 

and Skanska USA, Inc. (collectively “Skanska”), in the above named case, hereby 

appeal to the United States Court of Appeals for the Eleventh Circuit from the 

United States District Court for the Northern District of Florida’s “Order and Final 

Judgment” (ECF No. 1352) filed December 29, 2021. Skanska has filed a Motion 

for a New Trial pursuant to Fed. R. Civ. P. 59(a)(1)(B) and 59(a)(2), and a Motion 

for Additional Findings of Fact, Additional and Amended Conclusions of Law, and 

to Amend the Judgment in the district court under Rule 52(b) and Rule 59. Those 

motions are not yet ruled upon. If warranted, Skanska will file an amended notice 

Case 3:20-cv-05980-LC-HTC Document 1357 Filed 01/18/22 Page 1 of 3
2

of appeal pursuant to rule 4(a)(4)(A), Fed. R. App. P. should the district court deny 

the relief sought by Skanska. 

Respectfully submitted, 

/s/ Harold K. Watson

DEREK A. WALKER SCOTT A. REMINGTON

Admitted Pro Hac Vice Florida Bar No. 122483

KENNETH H. TRIBUCH JEREMY C. BRANNING

Florida Bar No. 986887 Florida Bar No. 507016

Harold K. Watson, Esq. ANDREW M. SPENCER

Derek A. Walker, Esq. Florida Bar No. 0119966

Charles P. Blanchard, Esq. CLARK PARTINGTON

Jon W. Wise, Esq. P.O. Box 13010

CHAFFE MCCALL, LLP Pensacola, FL 32591-3010 

801 Travis, Suite 1910 Telephone: (850) 434-92000

Houston, Texas 77002 Facsimile: 9850) 432-7340

Telephone: (713) 546-9800

Facsimile: (713) 546-9806

ANTHONY J. RUSSO, ESQ.

Florida Bar No.: 508608

arusso@butler.legal

MIHAELA CABULEA, ESQ.

Florida Bar No.: 71586

mcabulea@butler.legal

rburnison@butler.legal

BUTLER WEIHMULLER 

KATZ CRAIG LLP

400 N. Ashley Drive, Suite 2300

Tampa, Florida 33602

Telephone: (713) 546-9800

Facsimile: (713) 546-9806

Attorneys for Skanska USA Civil Southeast, Inc. 

and Skanska USA, Inc. 

Case 3:20-cv-05980-LC-HTC Document 1357 Filed 01/18/22 Page 2 of 3
3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing has been filed with the 

Clerk of Court and furnished to all counsel of record through the Court’s CM/ECF 

electronic filing system on this 18th day of January, 2022.

/s/ Andrew M. Spencer

ANDREW M. SPENCER

Case 3:20-cv-05980-LC-HTC Document 1357 Filed 01/18/22 Page 3 of 3
52.236-3 Site Investigation and Conditions Affecting the Work.       As prescribed in 36.503, insert the following clause:          Site Investigation and Conditions Affecting the Work (Apr 1984)                                       (a) 						            The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government.                                          (b) 						            The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract.                                 (End of clause)    **Parent topic:** 52.236 [Reserved]
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

Plaintiff, )

)

v. ) Case No. 2:06-CR-169-WKW

 )

)

WILMONT TIMOTHY BARNETT )

)

Defendant. )

NOTICE OF INTENT TO CHANGE PLEA

COMES NOW the defendant, Wilmont Timothy Barnett, by and through the

 undersigned counsel, Jay Lewis, and notifies the Court of his intent to change his previously 

entered plea of not guilty to guilty. Defendant waives his right to plead in front of a district judge 

and consents to do so before a magistrate judge.

Respectfully submitted this 2nd day of October, 2007.

/s/ JAY LEWIS

Law Offices of Jay Lewis, L.L.C.

P.O. Box 5059

Montgomery, Alabama 36103

(334) 263-7733 (Voice)

(334) 832-4390 (Fax)

J-Lewis@JayLewisLaw.com

ASB-2014-E66J

Attorney for Defendant

Case 2:06-cr-00169-WKW-SRW Document 355 Filed 10/02/2007 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that on the _2nd_ day of October, 2007, I electronically filed the

foregoing with the Clerk of the Court using the CM/ECF system which will send notification of

such filing to the following parties or counsel:

A. Clark Morris

Office of the United States Attorney

One Court Square, Suite 201

Montgomery, AL 36104

/s/ JAY LEWIS

Law Offices of Jay Lewis, L.L.C.

P.O. Box 5059

Montgomery, Alabama 36103

(334) 263-7733 (Voice)

(334) 832-4390 (Fax)

J-Lewis@JayLewisLaw.com

ASB-2014-E66J

Attorney for Defendant

Case 2:06-cr-00169-WKW-SRW Document 355 Filed 10/02/2007 Page 2 of 2
52.203 [Reserved]

52.203-1 [Reserved]

52.203-2 Certificate of Independent Price Determination.

52.203-3 Gratuities.

52.203-4 [Reserved]

52.203-5 Covenant Against Contingent Fees.

52.203-6 Restrictions on Subcontractor Sales to the Government.

52.203-7 Anti-Kickback Procedures.

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper

Activity.

52.203-9 [Reserved]

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions.

52.203-12 Limitation on Payments to Influence Certain Federal Transactions.

52.203-13 Contractor Code of Business Ethics and Conduct.

52.203-14 Display of Hotline Poster(s).

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009.

52.203-16 Preventing Personal Conflicts of Interest.

52.203-17 Contractor Employee Whistleblower Rights.

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements or Statements-Representation.

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements.

Parent topic: Subpart 52.2 - Text of Provisions and Clauses
#### In the Matter of the Claim of Hyman Weber, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Greenblott, J.

Appeal by the claimant from a decision of the Unemployment Insurance Appeal Board, filed January 22, 1968, which held him ineligible for unemployment insurance benefits on the ground that he voluntarily left his employment without good cause (Labor Law, § 593, subd. 1, par. [a]). The board found that appellant left his employment April 21, 1967 because of his dissatisfaction with his salary. The resolution of the conflict as to the cause of appellant’s separation from employment and whether such separation was for good cause are factual determinations within the sole province of the board if supported by substantial evidence *(Matter of Kansky*[Catherwood], 27 A D 2d 887). Dissatisfaction with the wage paid does not constitute good cause *(Matter of Sellers*[Catherwood], 13 A D 2d 204). Here appellant’s arguments proceed entirely on factual grounds. The board, in the exercise of its fact-finding power and on the basis of substantial evidence, has found against appellant, with the result that we may not overturn the board’s conclusion *(Matter of Haynes*[Catherwood], 30 A D 2d 722). Decision affirmed, without costs. Herlihy, J. F., Reynolds, Aulisi, Cooke and Greenblott, JJ., concur in memorandum by Greenblott, J.
§ 652.22 Certification process for individuals. ( a ) In order to be considered for certification as a technical service provider, an individual must: ( 1 ) Submit an Application for Certification to NRCS in accordance with this section;
( 2 ) Request certification through a recommending organization pursuant to § 652.25; or
( 3 ) Request certification through an application submitted by a private-sector entity or public agency pursuant to § 652.23 or § 652.24, as appropriate.
( b ) The application must contain the documentation demonstrating that the individual meets all requirements of paragraph (a) of § 652.21.
( c ) NRCS will, within 60 days of receipt of an application, make a determination on the application submitted by an individual under paragraph (a)(1) of this section and in accordance with paragraph (a) of § 652.21. If all requirements are met, NRCS will: ( 1 ) Enter into a Certification Agreement and certify the applicant as qualified to provide technical services for a specific practice, category, or categories of technical service;
( 2 ) Place the applicant on the list of approved technical service providers when certified; and
( 3 ) Make available to the public the list of approved technical service providers by practice or category of technical services.
( d ) NRCS may decertify an individual in accordance with the decertification process set forth in subpart C of this part.
EXHIBIT 32CERTIFICATION PURSUANT TO 18 U.S.C.SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002George W. Hamlin, IV, President and Chief Executive Officer and Lawrence A. Heilbronner, Chief Financial Officer, of Canandaigua National Corporation (the "Company"), each certify in his capacity as an officer of the Company that he has reviewed the Quarterly Report of the Company on Form 10-Q for the three- and six-month periods ended June 30, 2010, and that to the best of his knowledge:  (1)the Report fully complies with the requirements of Section 13(a) 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 result of operations of Company.The purpose of this statement is solely to comply with Title 18, Chapter 63, Section 1350 of the United States Code, as amended by Section 906 of the Sarbanes-Oxley Act of 2002.August 9, 2010/s/ George W. Hamlin, IV/s/ Lawrence A. HeilbronnerGeorge W. Hamlin, IVLawrence A. HeilbronnerPresident and Chief Executive OfficerExecutive Vice President and
Chief Financial Officer
#### § 611.22 Availability of satellite imagery.

Cloud-free maps of the United States based on imagery received from a satellite are prepared and released to the public by NRCS. The maps offer the first image of the United States not obscured by clouds or distortions. Orders or requests for information should be directed to the National Cartography and Geospatial Center, USDA—Natural Resources Conservation Service; P.O. Box 6567, FWFC-Bldg. 23; 501 W. Felix Street; Forth Worth, Texas 76115. Orders are subject to the fee schedule cited in § 1.2(b) of this title.