alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Zanett Lombardier, Ltd., et al., Appellants, v Marvin Maslow et al., Respondents.

[815 NYS2d 547]

Order, Supreme Court, New York County (Charles Edward Ramos, J.), entered March 18, 2005, as amended by order, same court and Justice, entered June 30, 2005, which granted defendants’ motion to dismiss the amended complaint, unanimously affirmed, with one bill of costs.

In this action alleging fraud, constructive fraud, misrepresentation and breach of fiduciary duty in connection with an investment loss, the court was not required to accept factual allegations that are contradicted by documentary evidence, or legal conclusions that are unsupportable in the face of undisputed facts *(Robinson v Robinson,*303 AD2d 234, 235 [2003]). Dismissal is warranted under CPLR 3211 (a) (1) where documentary evidence and undisputed facts negate or dispose of claims in the complaint or conclusively establish a defense *(see Silvester v Time Warner,*1 Misc 3d 250, 255 [2003]), *affd*14 AD3d 430 [2005]).

To state a claim for fraud, a plaintiff must allege misrepresentation or concealment of a material fact, falsity, scienter by the wrongdoer, justifiable reliance on the deception, and resulting injury *(Kaufman v Cohen,*307 AD2d 113, 119 [2003]). Plaintiffs failed to plead fraud with the particularity required by CPLR 3016 (b) *(see Callas v Eisenberg,*192 AD2d 349, 350 [1993]), since there were no actionable misrepresentations or concealments as to the marketability of the Projectavision product or the profitability of Vidikron, resulting in acceleration of the PNC loan.

The conclusory statement of intent did not adequately plead *496sufficient details of scienter *(see Credit Alliance Corp. v Arthur Andersen & Co.,*65 NY2d 536, 554 [1985]). Nor could plaintiffs, as sophisticated investors, validly claim justifiable reliance under these circumstances, as they could have discovered the underlying condition and true nature of both companies by ordinary intelligence or with reasonable investigation *(see Stuart Silver Assoc. v Baco Dev. Corp.,*245 AD2d 96, 98-99 [1997]).

We have considered plaintiffs’ remaining arguments and find them without merit. Concur—Andrias, J.P., Marlow, Sullivan, Gonzalez and Sweeny, JJ.
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

WILLIAM D. BOWDEN, )

 )

Plaintiff, )

 )

vs. ) CIVIL ACTION NO. 2:06cv665-WHA

 )

MISSION PETROLEUM CARRIERS, et al., )

 )

Defendants. )

ORDER

Upon consideration of the Joint Stipulation for Dismissal (Doc. #51), filed by the parties

on July 9, 2007, and for good cause shown, it is hereby

ORDERED that this case is DISMISSED with prejudice, the parties to bear their own

costs.

DONE this 9th day of July, 2007.

/s/ W. Harold Albritton 

W. HAROLD ALBRITTON

SENIOR UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00665-WHA-WC Document 52 Filed 07/09/2007 Page 1 of 1
52.222-47 [Reserved]

Parent topic: 52.222 [Reserved]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 06-6264

UNITED STATES OF AMERICA, Plaintiff - Appellee,
versus LEON MASON, JR., Defendant - Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, District Judge. (1:01- cr-00538-JFM; 1:05-cv-03382-JFM) Submitted: May 18, 2006 Decided: June 1, 2006 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Leon Mason, Jr., Appellant Pro Se. Jane Meadowcroft Erisman, Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Leon Mason, Jr., seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2255 (2000) motion as successive. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1) (2000); seeJones v. Braxton , 392 F.3d 683, 688 (4th Cir. 2004) (holding certificate of appealability is required to appeal from dismissal of 28 U.S.C. § 2254 (2000) petition as unauthorized and successive). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Mason has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED
#### § 925.14 Committee.

*Committee* means the California Desert Grape Administrative Committee established under § 925.20.
Subpart 5639.1 - GENERAL     **Parent topic:** Part 5639 - ACQUISITION OF INFORMATION TECHNOLOGY5639.105 Privacy.     5639.105-90 Policy.    (d) The requiring activity will address the need for privacy protection in the specifications or Statement of Work (SOW). Contracting officers will notify the appropriate organization or office when it intends to issue a solicitation for items or services with an element of privacy protection. Contracting officers will identify the point of contact or agency responsible for oversight of privacy protection to the contractor after award.              HQ, United States Special Operations Command       Special Operations Forces Acquisition, Technology, and Logistics (SOF AT&L)       SOFARS 5639       February 2007
###### Editorial Note on Part 91

#### Editorial Note:

Nomenclature changes to part 91 appear at 61 FR 51350, Oct. 2 1996.

#### § 91.16 Order of a laboratory service.

Laboratory service shall be performed, insofar as possible, in the order in which applications are made except that precedence may be given to any such applications which are made by the United States (including, but not being limited to, any instrumentality or agency thereof) and to any application for an appeal inspection.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 25, 2013

s0617 

# Order

Clerk June 25, 2013

146918

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 146918

COA: 308191

Wayne CC: 11

- 006497

- FH

LUTHER CLEVELAND HARRIS,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the February 21, 2 013

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3125 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3125

      To suspend temporarily the duty on ski and snowboard pants.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

   Mr. Leahy introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
      To suspend temporarily the duty on ski and snowboard pants.

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

SECTION 1. SKI AND SNOWBOARD PANTS.

    (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:

      

``      9902.62.01        Ski/snowboard pants     Free      No change       No change       On or before 12/
                           (provided for in                                                  31/2009          ''
                           subheading                                                                          .
                           6203.43.35)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
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. 1:98-cr-5-MP -GRJ

BRODDRICK DESHON MONGO,

_____________________________/

O R D E R

This case is before the Court on Doc. 51, Defendant’s unopposed motion to

continue the telephonic hearing currently set before the undersigned on September 29,

2011. Upon due consideration, it is ORDERED:

1. The motion to continue, Doc. 51, is GRANTED.

2. A telephonic hearing is re-set before the undersigned for Thursday, October

13, 2011, at 11:00 a.m. (Eastern Time) for the purpose of oral argument on

Defendant’s ACCA sentencing claim, Doc. 39. 

DONE AND ORDERED this 28 day of September 2011. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case 1:98-cr-00005-MP-GRJ Document 52 Filed 09/28/11 Page 1 of 1
52.219-6 Notice of Total Small Business Set-Aside.       As prescribed in 19.507(c), insert the following clause:          Notice of Total Small Business Set-Aside (Nov 2020)                                       (a)                   *Definition*. *Small business concern*, as used in this clause—                                                         (1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.                                                            (2)                         *Affiliates*, as used in paragraph (a)(1) of this clause, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.                                                                             (b)                   *Applicability*. This clause applies only to-                                                         (1) Contracts that have been totally set aside for small business concerns; and                                                            (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).                                                                             (c) General.                                                         (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.                                                            (2) Any award resulting from this solicitation will be made to a small business concern.                                                                    (End of clause)          *Alternate I*                (Mar 2020)                . As prescribed in 19.507(c), substitute the following paragraph (c) for paragraph (c) of the basic clause:             (c) *General.*(1) Offers are solicited only from small business concerns and Federal Prison Industries, Inc. (FPI). Offers received from concerns that are not small business concerns or FPI shall be considered nonresponsive and will be rejected.             (2) Any award resulting from this solicitation will be made to either a small business concern or FPI.    **Parent topic:** 52.219 [Reserved]
§ 4287.101 Introduction. ( a ) As of October 1, 2020, this subpart is specifically applicable to and only contains regulations for servicing Business and Industry (B&I) Loans guaranteed by the Agency prior to October 1, 2020 and Business and Industry loans under the authority of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Pub. L. 116-136) to provide B&I guarantees for loans needed as a result of the Coronavirus Disease 2019 (COVID-19) pandemic for working capital loan purposes to support business operations and facilities in rural areas (B&I CARES Act Program Loans). Other than B&I CARES Act Program Loans and B&I loans guaranteed by the Agency prior to October 1, 2020, this subpart is no longer used for servicing B&I loans guaranteed by the Agency. Requirements for B&I loans guaranteed by the Agency after October 1, 2020 (other than B&I CARES Act Loans) may be found at 7 CFR part 5001.
( b ) The lender is responsible for servicing the entire loan and must remain mortgagee and secured party of record, notwithstanding the fact that another party may hold a portion of the loan.
( c ) Whether specifically stated or not, whenever Agency approval is required, it must be in writing. Copies of all forms and regulations referenced in this subpart may be obtained from any Agency office and from the USDA Rural Development Web site at *http://www.rd.usda.gov/publications .* Whenever a form is designated in this subpart, that designation includes predecessor and successor forms, if applicable, as specified by the Agency.
[81 FR 36020, June 3, 2016, as amended at 85 FR 62196, Oct. 2, 2020]
# L_2014297EN.01004102.xml

| 15.10.2014 | EN | Official Journal of the European Union | L 297/41 |
| --- | --- | --- | --- |

15.10.2014

EN

Official Journal of the European Union

L 297/41

---

Corrigendum to Commission Implementing Regulation (EU) No 699/2014 of 24 June 2014 on the design of the common logo to identify persons offering medicinal products for sale at a distance to the public and the technical, electronic and cryptographic requirements for verification of its authenticity

(
  Official Journal of the European Union L 184 of 25 June 2014
  )

On page 6, in Article 3, second paragraph:

for:

‘The information transit between the websites authorised or entitled to supply medicinal products at a distance to the public by means of information society services and the websites hosting the national lists shall be secured through appropriate means.’

read:

‘The information transit between the websites of the persons authorised or entitled to supply medicinal products at a distance to the public by means of information society services and the websites hosting the national lists shall be secured through appropriate means.’

---
Subpart 701.1—Purpose, Authority, Issuance

Parent topic: PART 701—FEDERAL ACQUISITION REGULATION SYSTEM

701.106 OMB approval under the Paperwork Reduction Act.

(a) The following information collection and record keeping requirements established by USAID have

been approved by OMB and assigned an OMB control number as specified below:

(48 CFR) AIDAR segment OMB control No.

752.219–8 0412–0520

752.245–70 0412–0520

752.245–71(c)(2) 0412–0520

752.247–70(c) 0412–0520

752.7001 0412–0520

752.7002(j) 0412–0520

752.7003 0412–0520

752.7004 0412–0520

752.7032 0412–0520

(b) The information requested by the AIDAR sections listed in paragraph (a) is necessary to allow

USAID to prudently administer public funds. It lets USAID make reasonable assessments of

contractor capabilities and responsibility of costs. Information is required in order for a contractor

and/or its employee to obtain a benefit-usually taking the form of payment under a Government

contract.

(c) Public reporting burden for these collections of information is estimated as shown in paragraph

(a) of this section. The estimated burden includes the time for reviewing instructions, searching

existing data sources, gathering and maintaining the data needed, and completing and reviewing the

collection of information.
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

Roger Wright, §

§

Plaintiff, §

§

v. § Civil Action No.: 1:06 cv 647-WKW

§

Pemco World Air Services, Inc. § JURY DEMAND

§

Defendant. §

REPORT CONCERNING FACE TO FACE 

SETTLEMENT CONFERENCE

Comes now the Plaintiff, through counsel, and hereby reports to the Court that on 

October 25, 2007, counsel for both parties met in Dothan and had a frank discussion of the 

issues. Although the case was not resolved, the parties have agreed to go to mediation in the 

next several weeks. 

Respectfully submitted this 29th day of October, 2007.

_s/ Elizabeth B. Glasgow_____

Elizabeth B. Glasgow

ASB-8348- S58E

Attorney for Plaintiff

P.O. Box 2228

Dothan, Alabama 36302

(334) 793-2424

F. (334) 793-6624

eglasgow@fphw-law.com

Case 1:06-cv-00647-WKW-SRW Document 31 Filed 10/29/2007 Page 1 of 2
2

CERTIFICATE OF SERVICE

I hereby certify that on October 29, 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: 

John Holmes, Esq. 

Maynard, Cooper & Gale, P.C.

1901 Sixth Avenue North, Suite 2400

Birmingham, AL 35203

__s/ Elizabeth B. Glasgow_____

Case 1:06-cv-00647-WKW-SRW Document 31 Filed 10/29/2007 Page 2 of 2
Matrice 100 Specifications

Structure

Diagonal Wheelbase 650 mm

Weight (with TB47D battery) 2355 g

Weight (with TB48D battery) 2431 g

Max. Takeoff Weight 3400 g

Expansion Bay Weight 45 g

Battery Compartment Weight 160 g

Zenmuse X3 Gimbal with Camera 

Weight 247 g

Performance

Hovering Accuracy (P-Mode With 

GPS) Vertical: 0.5 m, Horizontal: 2.5 m

Max. Angular Velocity Pitch: 300°/s, Yaw: 150°/s

Max. Tilt Angle 35°

Max. Speed of Ascent 5 m/s

Max. Speed of Descent 4 m/s

Max. Wind Resistance 10 m/s

Max. Speed 22 m/s (ATTI mode, no payload, no wind)

17 m/s (GPS mode, no payload, no wind)

Hovering Time (with TB47D battery) No payload: 22 min; 500g payload: 17 
min;1kg payload: 13 min

Hovering Time (with TB48D battery) No payload: 28 min; 500g payload: 20 min;

1kg payload: 16 min

Hovering Time (with two TB47D 

batteries) No payload: 33 min

Hovering Time (with two TB48D 

battery) No payload: 40 min

Hovering Time (with TB47D battery 

and Zenmuse X3) No payload: 19 min

Hovering Time (with TB48D battery 

and Zenmuse X3) No payload: 23 min

Propulsion 

System

Motor Model DJI 3510

Propeller Model DJI 1345s

ESC Model DJI E SERIES 620D

Flight Control 

System

Model N1

Other Operating Temperature -10°C to 40°C

Remote 

Controller

Name C1

Operating Frequency

5.725~5.825 GHz

922.7MHz~927.7 MHz (Japan)

2.400~2.483 GHz (Lightbridge)

Transmission Distance CE: 3.5 km
FCC: 5 km (unobstructed and no 

interference)

EIRP

10dBm@900M

13dBm@5.8G

20dBm@2.4G

Video Output USB、Mini-HDMI

Power Supply Built-in battery

Charger DJI approved charger

Dual Users Capability Master-and-Slave control

Mobile Device Holder Supports smartphones and tablets

Output Power 9 W

Operating Temperature -10°C to 40°C

Storage Temperature

< 3 months: -20°C to 45°C

> 3 months: 22°C to 28°C

Charging Temperature 0°C to 40°C

Battery 6000 mAh LiPo 2S

Max Mobile Device Width 170mm

Charger

Model A14-100P1A

Voltage Output 26.3 V

Power Rating 100 W
Battery 

(Standard)

Name Intelligent Flight Battery

Model TB47D

Capacity 4500 mAh

Voltage 22.2 V

Type LiPo 6S

Energy 99.9 Wh

Net Weight 600 g

Operating Temperature -10°C to 40°C

Storage Temperature

< 3 months: -20°C to 45°C

> 3 months: 22°C to 28°C

Charging Temperature 0°C to 40°C

Max. Charging Power 180 W

Battery (Optional)

Name Intelligent Flight Battery

Model TB48D

Capacity 5700 mAh

Voltage 22.8 V

Type LiPo 6S

Energy 129.96 Wh
Net Weight 676 g

Operating Temperature -10°C to 40°C

Storage Temperature

< 3 months: -20° to 45°C

> 3 months: 22° to 28°C

Charging Temperature 0°C to 40°C

Max. Charging Power 180 W
### JUDGMENT 

## Court of Appeals First District of Texas

NO. 01

- 13

- 00511

- CV

KELLI MCDONALD SYDOW , Appellant

V.

MICHAEL D AVID S YDOW , Appellee
Appeal from the 308th District Court of Harris County. (Tr. Ct. No. 2010

- 02710 ).

This case is an appeal from the order signed by the trial court on May 17, 2013

. After submitting the case on the appellate record and the arguments properly raised by the parties, the Court holds that the trial court lacked subject

- matter jurisdiction to issue the May 17, 2013 orde r. Accordingly, the Court dismisses the appeal.

The Court orders that the appellee, Michael D avid Sydow, pay all appellate costs.

The Court orders that this decision be certified below for observance.

Judgment rendered April 7, 2015.

Panel consists of Chief Justice Radack and Justices Brown and Lloyd. Opinion delivered by Justice Lloyd.
27.9001 Trademark rights under government

contracts.

The FAR and DFARS do not address trademark or service mark rights, nor is there an official DoD

policy on ownership of trademarks or service marks first used in performance of a government

contract in connection with goods or services delivered to the Government. Under federal trademark

law, trademark rights generally reside with the entity that controls the nature and quality of the

goods or services that are identified by the trademark.

However, in certain cases, it may be in the Government’s best interest for DISA to own a trademark

or service mark first created under a contract. For example, Government ownership may be desired

for a mark that is to be used exclusively in connection with a government-controlled service that the

contractor manages for DISA. DISA’s Office of the General Counsel should be consulted to

determine if there is a need to negotiate trademark ownership rights with the contractor and seek

federal trademark protection on DISA’s behalf by filing an application to register the trademark or

service mark with the U.S. Patent and Trademark Office.

Parent topic: SUBPART 27.90 – TRADEMARK RIGHTS UNDER GOVERNMENT CONTRACTS