alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Margaret F. Patterson, Respondent, v. Allstate Insurance Company, Appellant.

Reynolds, J. P.

Appeal from an order of the County Court of Schenectady County, denying appellant’s motion to dismiss respondent’s complaint on the grounds that it fails to state a cause of action ('CPLR 3211, subd. [a], par. 7). Respondent brings the instant action seeking various purported damages, including a liability claim made against her by a third party, for the appellant’s alleged breach of contract in canceling during its term an automobile liability insurance policy issued to respondent for the year ending November 26, 1967. In its answer appellant asserts that it canceled the policy for nonpayment of premiums, but the record itself at this juncture clearly indicates solely that full payment for the liability policy was in fact paid by respondent. In its brief here appellant asserts that the unpaid premiums which precipitated the cancellation were for later added collision coverage on a newly purchased vehicle, but such contention or any support thereof does not appear anywhere in the record before us. Additionally, respondent denies receiving the notice of cancellation assertedly mailed by appellant on August 14, 1967. At this posture of the case we cannot say that there are not issues present requiring a plenary trial. Nor does the “ no-action ” condition in the insurance policy here bar the respondent’s second cause of action based on appellant’s failure to defend her in the liability action brought against her by the third party. Respondent’s action is for breach of contract not on the policy, and appellant in denying the efficacy of the policy is precluded from raising this provision as a defense (e.g., *Beckley*v. *Otsego County Farmers Coop. Fire Ins. Co.,*3 A D 2d 190, 194, mot. for lv. to app. dsmd. 2 N Y 2d 990; *Mayor, Lane & Co.*v. *Commercial Cos. Ins. Co.,*169 App. Div. 772, 777-778; *Reese*v. *Fidelity & Deposit Co.,*93 Mise. 31, 33-34). Order affirmed, with costs. Reynolds, J. P., Staley, Jr., Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J. P.
#### § 58.326 Plastic cream.

To produce plastic cream eligible for official certification, the quality of the cream used shall meet the requirements of cream acceptable for the manufacture of U.S. Grade AA or U.S. Grade A butter.
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) 2:06-CR-169-WKW

)

JAMES EARL HUBBARD )

GOVERNMENT’S MOTION FOR DOWNWARD DEPARTURE

AND CERTIFICATION OF SUBSTANTIAL ASSISTANCE

PURSUANT TO § 5K1.1, UNITED STATES SENTENCING GUIDELINES

COMES NOW the United States of America, by and through Leura G. Canary,

United States Attorney for the Middle District of Alabama, and files the above-captioned

motion, and as reasons therefore, submits the following:

1. Defendant entered a plea of guilty under Rule 11(c)(1)(C) to an indictment

charging violations of Title 21, United States Code, Sections 846 and 843(b), pursuant to

a plea agreement.

2. Defendant agreed to cooperate with the Government in the instant cause and

in subsequent investigations as necessary, and to waive his rights to appeal or collaterally

attack the guilty plea or sentence.

3. The United States submits the defendant has cooperated with the United States

and has abided by the terms of his plea agreement. The assistance provided by

Defendant should be considered substantial.

4. The Government is satisfied that Defendant is entitled to be considered for a

reduction of sentence under § 5K1.1 U.S.S.G., and moves this Court to reduce the

applicable offense level of Defendant by two levels. 

Respectfully submitted, this the 28th day of January, 2008.

LEURA G. CANARY

UNITED STATES ATTORNEY

Case 2:06-cr-00169-WKW-SRW Document 527 Filed 01/28/2008 Page 1 of 3
s/A. Clark Morris

A. CLARK MORRIS

Assistant United States Attorney

131 Clayton Street

Montgomery, AL 36104

Phone: (334)223-7280

Fax: (334)223-7135

E-mail: clark. morris@usdoj.gov

ASB-1613-N77A

Case 2:06-cr-00169-WKW-SRW Document 527 Filed 01/28/2008 Page 2 of 3
3

IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) 2:06-CR-169-WKW

)

JAMES EARL HUBBARD )

CERTIFICATE OF SERVICE

I hereby certify that on January 28, 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

the following: William Blanchard.

Respectfully submitted,

s/A. Clark Morris

A. CLARK MORRIS

Assistant United States Attorney 

131 Clayton Street 

Montgomery, AL 36104

Phone: (334)223-7280

Fax: (334)223-7135

E-mail: clark. morris@usdoj.gov

ASB-1613-N77A

Case 2:06-cr-00169-WKW-SRW Document 527 Filed 01/28/2008 Page 3 of 3
#### § 7.24 Chairperson of the county committee duties.

The chairperson of the county committee or the person acting as the chairperson will preside at meetings of the county committee, certify such documents as may require the chairperson's certification, and perform such other duties as may be prescribed by the State committee.
207.171 Component breakout.

207.171-1 Scope.

207.171-2 Definition.

207.171-3 Policy.

207.171-4 Procedures.

Parent topic: Subpart 207.1 - ACQUISITION PLANS
52.222-22 Previous Contracts and Compliance Reports.       As prescribed in 22.810(a)(2), insert the following provision:          Previous Contracts and Compliance Reports (Feb 1999)          The offeror represents that-          It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;          It □ has, □ has not filed all required compliance reports; and          Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.          (End of provision)    **Parent topic:** 52.222 [Reserved]
52.247-37 F.o.b. Vessel, Port of Shipment.

As prescribed in 47.303-9(c), insert the following clause in solicitations and contracts when the

delivery term is f.o.b. vessel, port of shipment:

F.o.b. Vessel, Port of Shipment (Apr 1984)

(a) The term "f.o.b. vessel, port of shipment," as used in this clause, means free of expense to the

Government loaded, stowed, and trimmed on board the ocean vessel at the specified port of

shipment.

(b) The Contractor shall-

(1)

(i) Pack and mark the shipment to comply with contract specifications; or

(ii) In the absence of specifications, prepare the shipment for ocean transportation in conformance

with carrier requirements to protect the goods and to ensure assessment of the lowest applicable

transportation charge;

(2)

(i) Deliver the shipment on board the ocean vessel in good order and condition on the date or within

the period fixed; and

(ii) Pay and bear all charges incurred in placing the shipment actually on board;

(3) Provide a clean ship’s receipt or on-board ocean bill of lading;

(4) Be responsible for any loss of and/or damage to the goods occurring before delivery of the

shipment on board the ocean vessel; and

(5) At the Government’s request and expense, assist in obtaining the documents required for-

(i) Exportation; or

(ii) Importation at destination.

(End of clause)

Parent topic: 52.247 [Reserved]
52.214-10 Contract Award-Sealed Bidding.

As prescribed in 14.201-6(e), insert the following provision:

Contract Award-Sealed Bidding (July 1990)

(a) The Government will evaluate bids in response to this solicitation without discussions and will

award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most

advantageous to the Government considering only price and the price-related factors specified

elsewhere in the solicitation.

(b) The Government may-

(1) Reject any or all bids;

(2) Accept other than the lowest bid; and

(3) Waive informalities or minor irregularities in bids received.

(c) The Government may accept any item or group of items of a bid, unless the bidder qualifies the

bid by specific limitations. Unless otherwise provided in the Schedule, bids may be submitted for

quantities less than those specified. The Government reserves the right to make an award on any

item for a quantity less than the quantity offered, at the unit prices offered, unless the bidder

specifies otherwise in the bid.

(d) A written award or acceptance of a bid mailed or otherwise furnished to the successful bidder

within the time for acceptance specified in the bid shall result in a binding contract without further

action by either party.

(e) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced

between line items or subline items. A bid is materially unbalanced when it is based on prices

significantly less than cost for some work and prices which are significantly overstated in relation to

cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall

cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to

be tantamount to allowing an advance payment.

(End of provision)

Parent topic: 52.214 [Reserved]
§ 760.1612 Calculating payments on-farm storage losses. ( a ) Payments made under this subpart to a participant for loss of stored commodities are calculated, except hay or silage, by: ( 1 ) Multiplying the eligible quantity of the eligible commodity by the RMA determined price;
( 2 ) Multiplying the result from paragraph (a)(1) of this section by a 75 percent factor.
( b ) Payments made under this subpart to a participant for loss of stored hay or silage, by: ( 1 ) Multiplying the eligible quantity of the eligible commodity by a price as determined by the Secretary;
( 2 ) Multiplying the result from paragraph (b)(1) of this section by a 75 percent factor.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

Civil Hearing Minutes

Honorable Lacey A. Collier, U.S. District Judge

Case Style: IN RE Skanska USA Civil Southeast Inc. and Skanska USA, Inc. as Owners 

of the Barge KS 5531 Praying for Exoneration From or Limitation of Liability 

Case No.: 3:20cv5980/LAC-HTC

Date: June 21, 2021

Hearing: Skanska’s Amended Motion to Dismiss for Failure to State a Claim upon 

Which Relief Can be Granted and for Summary Judgment [ECF 1144] and

Claimants’ Motion to Dismiss Complaint for Exoneration from or Limitation 

of Liability [ECF 38] 

__________________________________________________________________

Time Commenced: 8:57 a.m. Time Concluded: 10:45 a.m.

Court Reporter: Julie Wycoff

Attorneys present for Skanska:

Harold Watson, Esquire

Jeremy Branning, Esquire

Scott Remington, Esquire

Attorneys present for Claimants:

Brian Barr, Esquire

Sam Geisler, Esquire

Mary Beth Putnick, Esquire – corrected the spelling

Nicole Guntner, Esquire – corrected the spelling

Tom Gonzalez, Esquire

Stephen Echsner, Esquire

PROCEEDINGS:

8:57 a.m. Court in session.

8:59 a.m. Claimants’ oral argument and presentation on Claimants’ Motion to Dismiss 

Complaint for Exoneration From or Limitation of Liability (Barr)

9:24 a.m. Barr reserves the remainder of his time.

(Brief pause for electronic equipment changes and technical connections.)

9:26 a.m. Skanska’s oral argument and presentation on Claimants’ Motion to Dismiss 

Complaint for Exoneration From or Limitation of Liability (Watson) 

Case 3:20-cv-05980-LC-HTC Document 1194 Filed 06/21/21 Page 1 of 2
9:42 a.m. Watson concludes his argument.

9:42 a.m. Barr rebuttal. 

9:46 a.m. Court inquires of Mr. Barr. Mr. Barr responds.

9:50 a.m. Mr. Watson responds to Mr. Barr’s response to the Court.

(Brief pause for electronic equipment changes and technical connections.)

9:51 a.m. Skanska’s oral argument and presentation on Skanska’s Amended Motion to Dismiss 

for Failure to State a Claim Upon Which Relief can be Granted and for Summary 

Judgment (Watson)

10:13 a.m. Mr. Watson reserves the remainder of his time.

(Brief pause for electronic equipment changes and technical connections.)

10:13 a.m. Claimants’ oral argument and presentation on Skanska’s Amended Motion to 

Dismiss for Failure to State a Claim Upon Which Relief can be Granted and for 

Summary Judgment. (Geisler)

10:37 a.m. Court inquires of Mr. Geisler. Mr. Geisler responds.

10:39 a.m. Watson rebuttal.

10:43 a.m. Court inquires of Mr. Watson; Mr. Watson responds.

10:45 a.m. Court is adjourned.

___________________ 

Filed in Open Court

June 21, 2021

Courtroom Deputy Clerk: kli

Case 3:20-cv-05980-LC-HTC Document 1194 Filed 06/21/21 Page 2 of 2
Order filed July 19, 2018 

In The

Fourteenth Court of Appeals

____________

NO. 14-18-00476-CV

____________

MEMORIAL HERMANN HEALTH SYSTEM INDIVIDUALLY AND D/B/A 

MEMORIAL HERMANN-KATY HOSPITAL, ET AL, Appellants

V.

DONNIE HEINZEN, Appellee

On Appeal from the 129th District Court

Harris County, Texas

Trial Court Cause No. 2017-33241

ORDER

This is an accelerated appeal from an order signed May 17, 2018. Each of the 

three sets of appellants timely filed a notice of appeal on June 6, 2018. The reporter’s 

record was due by June 18, 2018. See Tex. R. App. P. 35.1(b).

On June 19, 2018, Jennifer Gajevsky, the official court reporter, notified this 

court that no arrangements had been made to pay for the reporter’s record. On July 

2, 2018, Mary Wagner, counsel for Memorial Hermann Health System, notified this 
court that although she had timely requested the reporter’s record and inquired about 

payment procedures, she did not learn until June 29, 2018, that Gavjesky was out on 

maternity leave. Wagner stated a substitute court reporter contacted her on July 2, 

2018, and told her an invoice would be provided by the next day.

We have not received the reporter’s record or a request for an extension of 

time to file the record. Accordingly, we order the court reporter responsible for 

preparing the reporter’s record in this appeal to file the record by July 30, 2018. 

The trial and appellate courts are jointly responsible for ensuring that the 

appellate record is timely filed. See Tex. R. App. P. 35.3(c). If the record is not 

timely filed, we may issue an order directing the trial court to conduct a hearing to 

determine the reason for the failure to file the record.

PER CURIAM
IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

STEPHANIE BAJZIK,

Plaintiff,

v. Case No. 3:20-cv-5953-AW-MAF

KILOLO KIJAKAZI, Acting 

Commissioner of the Social Security

Administration,

Defendant.

_______________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

I have carefully considered the magistrate judge’s August 25, 2022 Report 

and Recommendation, ECF No. 21, to which no objections have been filed. I now 

conclude that the Report and Recommendation should be approved, and it is adopted 

and incorporated by reference into this order. The clerk will enter a judgment that 

states “The decision of the Commissioner is affirmed.” The clerk will then close the 

file.

SO ORDERED on September 26, 2022. 

s/ Allen Winsor

United States District Judge

Case 3:20-cv-05953-AW-MAF Document 22 Filed 09/26/22 Page 1 of 1
#### Domingo Rivera, Appellant, v Joremi Enterprises Inc. et al., Respondents.

[813 NYS2d 907]

Appeal from order, Supreme Court, Bronx County (Stanley Green, J.), entered March 24, 2004, unanimously withdrawn in accordance with the terms of the stipulations of the parties hereto. No opinion. Order filed. Concur—Tom, J.P., Mazzarelli, Friedman, Catterson and McGuire, JJ.
#### The Attorney-General *v.*The Continental Life Insurance Company.

(Argued. June 18, 1884 ;

decided June 27, 1884.)

*John C. Keeler*for appellant.

*Raphael J Moses, Jr.,*for respondent.

Agree to affirm; no opinion.

All concur, except Ruger, Ch. J., Rapallo and Earl, JJ., dissenting.

Order affirmed.
52.204-22 Alternative Line Item Proposal.       As prescribed in 4.1008, insert the following provision:          Alternative Line Item Proposal (Jan 2017)                                       (a) 						            The Government recognizes that the line items established in this solicitation may not conform to the Offeror’s practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.                                          (b) 						            The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart  4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.                                 (End of provision)    **Parent topic:** 52.204 [Reserved]
156 So.2d 475

#### LOUISIANA MOTOR VEHICLE COMMISSION v. Albert LeBLANC, individually and doing business as LeBlanc’s Auto Sales.

No. 46870.

Oct. 2, 1963.

In re: Albert LeBlanc, individually and doing business as LeBlanc’s Auto Sales, applying for writ of certiorari.

Writ denied. We find no error of law in the ruling complained of.
CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002








In connection with the Annual Report on Form 10-K for the year ended June 30, 2011 (the “Report”) of MSB Financial Corp. (the “Corporation”) as filed with the Securities and Exchange Commission on the date hereof, we, Gary T. Jolliffe, President and Chief Executive Officer, and Jeffrey E. Smith, Chief Financial Officer, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(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 the Corporation.





/s/ Gary T. Jolliffe

/s/ Jeffrey E. SmithGary T. Jolliffe

Jeffrey E. SmithPresident and CEO

Vice President and CFOSeptember 28, 2011

September 28, 2011
Federal Depository Library ProgramPersistent URL Home Page      

# Target for /GPO/LPS25346 lost

The target resource for this PURL can no longer be traced. The following is a list of the targets this PURL was previously assigned to.

Powered by the Federal Depository Library Program.                A service of the U.S. Government Publishing Office.
#### In the Matter of Janice L. Moses, Respondent, v. Board of Education of the City of New York et al., Appellants.

In a proceeding under article 78 of the CPLR to require appellants to reinstate respondent to her position as a teacher, the appeal is from a judgment of the Supreme Court, Kings 'County, dated April 11, 1969, which granted the petition and directed that petitioner be restored to her position effective as of September, 1967. Judgment reversed, on the law, without costs, and proceeding dismissed on the merits. The appellant Board of Education acted within its power in placing respondent on a leave of absence without pay pursuant to subdivision 7a of section 106 of the board’s by-laws *(Matter of Brown*v. *Board of TSdue.,*23 A D 2d 850, affd. 16 N Y 2d 1021; *Matter of Stone*v. *Gross,*25 A D 2d 753, affd. 19 N Y 2d 675; *Matter of Pantaleo*v. *Board of Edmc.,*25 A D 2d 752). Christ, P. J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur. [59 Misc 2d 318.]
49.505 Other termination clauses.       (a)                   *Personal service contracts.* The contracting officer shall insert the clause at 52.249-12, Termination (Personal Services), in solicitations and contracts for personal services (see part  37).                                          (b)                   *Excusable delays.* The contracting officer shall insert the clause at 52.249-14, Excusable Delays, in solicitations and contracts for supplies, services, construction, and research and development on a fee basis, when a cost-reimbursement contract is contemplated. The contracting officer shall also insert the clause in time-and-material contracts, and labor-hour contracts.                                          (c)                   *Communication service contracts.* This regulation does not prescribe a clause for the cancellation or termination of orders under communication service contracts with common carriers because of special agency requirements that apply to these services. An appropriate clause, however, shall be prescribed at agency level, within those agencies contracting for these services.    **Parent topic:** Subpart 49.5 - Contract Termination Clauses
p.1 

OAR Box 1208 

Prepped by Ollie Stewart 

Document Number: 

123) ll-E-9 

Docket Number: 

A-89-10 

Printed 5/9/2008 10:08:24 AM Sheet 123 of 127 
P.2 

I ,c .JLILIJJL Jnl! RAtttA I 

CSI 

/IB i 11991 

I _5_ 

II-E- 9 

1 

CONTACT REPORT 

Originator _ .vu_v 

CONTACT BY: TELEPHONE $ MEETING D Other 

E, TITLE & ORGANIZATION /_ec S t f C ^ _ <_ 

ADDRESS & TELEPHONE NUMBER 

7{ Vcn_-.-;_^_ x 

Su/\ '^^ " ^p' ^ 

PURPOSE OR SUBJECT (Give project number if appropriate) 

M V<L Co.. . 

SUMMARY 

Q J ^ - V" - » 3?o _• 

CycA - ." - i7C 3 

Q «oU -

<;.- ^ -

SJJL-

&_aSoJUL-

- . " 

- r 

y 

4 " 

r 

- * /.JL 

- # // 0?^o 

- $ _ Q/ 

~ # 5*<* 2 

" £ / 7 5 3 

!_ 

U-.T ^ 4/ ^ Sfa.vxley St«^* °^ ^ ^«r^-/cic t J'TC-AS 

ACTION TV, /V\ 

i 

Distribution: