alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Nassau Insurance Company, Respondent-Appellant, v Mel Jo-Jo Cab Corp. et al., Respondents, and David L. Knight, Appellant-Respondent.

In a declaratory judgment action, the cross appeals are (1) by defendant David Knight from so much of a judgment of the Supreme Court, Queens County, dated January 29, 1980, as declared that plaintiff is not obligated to defend or indemnify him in an action commenced against him and another by codefendant Joyce Cohen, and (2) by the plaintiff, Nassau Insurance Company, from so much of the same judgment as held it to be obligated to defend and indemnify defendant Mel Jo-Jo Cab Corp. in said action commenced by Cohen. Judgment affirmed, without costs or disbursements. On the facts of this case, and pursuant to the language of the policy of insurance issued by plaintiff to the named insured, Mel Jo-Jo Cab Corp., an assault on the passenger Cohen by the named insured’s employee, Knight, constituted an accident with respect to the insurer’s obligation to defend its named insured. It did not, however, constitute an accident with respect to the potential obligation to defend Knight. (See *Morgan v Greater N. Y. Taxpayers Mut. Ins. Assn.,*305 NY 243; *Floralbell Amusement Corp. v Standard Sur. & Cas. Co. of N. Y.,*256 App Div 221.) Hopkins, J. P., Mangano, O’Connor and Weinstein, JJ., concur. [102 Misc 2d 455.]
#### § 6.8 Representation at Tariff Commission hearings.

The Department of Agriculture shall be represented at all hearings conducted by the Tariff Commission under section 22 by persons designated by the Administrator, assisted by a representative of the Office of the General Counsel. Such representatives shall present the recommendations of the Department of Agriculture, shall submit such information and data in support thereof as are available, and shall exercise the right of examining other witnesses which is granted to the Secretary.

[17 FR 8287, Sept. 16, 1952; 20 FR 1830, Mar. 25, 1955]
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WILLIAM D. BOWDEN, )

)

Plaintiff, )

)

v. ) Civil Action No.: 2:06-CV-665

)

MISSION PETROLEUM CARRIERS, )

ANTONIO MARTINEZ NAVARRO )

)

Defendants. )

PLAINTIFF’S MOTION TO EXTEND THE DISPOSITIVE MOTION DEADLINE

Comes now the Plaintiff William D. Bowden, by and through undersigned counsel and

respectfully requests an extension of the dispositive motion deadline to May 15, 2007. In support

thereof, Plaintiff shows as follows:

 1. The dispositive motion deadline was set for or about March 1, 2007. However, as

granted by this Court on April 4, 2007, the discovery deadline was extended by motion of the

Defendants, with the consent of the Plaintiff, to May 15, 2007. Plaintiff requests a deadline

extension because discovery in this matter is not complete, the discovery deadline was extended

and additional discovery was received after the original dispositive motion deadline of March

1st, depositions remain to be taken, and most important, the Plaintiff could not file a dispositive

motion without Defendant Antonio Navarro’s signed discovery responses. Further, Plaintiff

required Defendant Navarro’s discovery responses to adequately prepare a dispositive motion in

this case and therefore, Plaintiff respectfully requests that the dispositive motion deadline is also

extended to May 15, 2007. [Discovery was served on Defendant Antonio Navarro in Houston,

Texas on November 29, 2006. Following a motion to compel, Plaintiff received Defendant

Navarro’s signed discovery responses on May 4, 2007]. 

Case 2:06-cv-00665-WHA-WC Document 48 Filed 05/04/2007 Page 1 of 2
2. The Defendants will not be prejudiced by an extension of the dispositive motion

deadline. 

WHEREFORE, above premises considered, Plaintiff respectfully requests that the Court

extend the dispositive motion deadline to May 15, 2007, as to accommodate the Plaintiff to file

necessary motions in response to Defendant Navarro’s recent discovery responses and in order to

limit those issues in dispute at trial of this matter scheduled for July 17, 2007.

 Respectfully submitted this 4th day of May, 2007.

 /s/ James G. Bodin 

JAMES G. BODIN (BOD005)

Counsel for Plaintiff

OF COUNSEL:

McPHILLIPS, SHINBAUM, L.L.P.

516 S. Perry Street

Montgomery, AL 36101

(334) 262-1911

(334) 262-2321 Fax

lawtalk2@hotmail.com

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the document(s) above via email and/or U.S.

Mail, postage prepaid, to the following attorneys of record, on this the 4th day of May, 2007:

Caroline T. Pryor, Esq.

CARR ALLISON

P.O. Box 1126

Daphne, AL 36526

251-626-9340

ctp@carrallison.com

 /s/ James G. Bodin 

 Of Counsel

Case 2:06-cv-00665-WHA-WC Document 48 Filed 05/04/2007 Page 2 of 2
Army Federal Acquisition Regulation

Supplement

Issued Fiscal Year 2019 by the:

GENERAL SERVICES ADMINISTRATION

DEPARTMENT OF THE ARMY

TITLE 48 - CODE OF FEDERAL REGULATIONS

Chapter 51

United States Army Federal Acquisition Regulation Supplement

Volume #

Parent topic: Volume VII - Parts 5101 to 5153
#### § 932.26 Term of office.

The term of office of members and alternate members of the committee shall be 2 years beginning on June 1 and ending on May 31 of odd numbered years: *Provided,* That the term of office of initial members and alternate members shall begin on the effective date of this subpart. Each such member and alternate member shall serve during that portion of the term of office for which he is selected and has qualified and shall continue to serve until his successor is selected and has qualified.
(June 16, 1969)

#### In the Matter of Thomas F. Gordon, an Attorney, Respondent. Brooklyn Bar Association, Petitioner.

Motion by petitioner further to amend the decision and order of this court, both dated July 1, 1968, which were heretofore amended by ¡order dated August 21, 1968, so as to provide for a new effective date for the commencement of the one-year period of respondent’s suspension from the practice of law. Cross motion by respondent for reconsideration of the punishment imposed and to reduce the punishment to a censure or, in the alternative, *to*fix November 1, 1969 as the effective date for the commencement of the period of suspension. The order dated July 1, 1968 fixed the date for the commencement of the suspension as July 20, 1968. Since then, successive stays were granted, the last of which has terminated. Petitioner’s motion granted. The effective date of respondent’s suspension is herewith changed to September 1, 1969. Cross motion denied. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Kleinfeld, JJ., concur.
Part 5239 - ACQUISITION OF INFORMATION TECHNOLOGY       5239.001 Applicability.                                          Subpart 5239.73 - REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY CHAIN RISK                                                         5239.7304 Determination and notification.    5239.001 Applicability.    ****(a) All requests for DOD CIO approval of acquisition of          a data server farm, data center or information systems technology used in a data center          shall be submitted to DASN(P) by email at usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] FAR 39.001 - Data Farm/Center IT Approval.”Subpart 5239.73 - REQUIREMENTS FOR INFORMATION RELATING TO SUPPLY CHAIN RISK     5239.7304 Determination and notification.    ****(c)(2) When the contracting activity participates in          preparing the required notification, the notice shall be submitted to DASN(P) by email at             usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] DFARS 239.7304(c)(2)- Notice for SAE Approval for Exclusion and Limitation          on Disclosure of IT Assessed for Supply Chain Risk.”
52.301-2 Matrix Notes       **Note 1:**                         The following clauses are prescribed for use in letter contracts:52.216-23, Execution and Commencement of Work.                      52.216-26, Payments of Allowable Costs Before Definitization.52.216-24, Limitation of Government Liability.                      52.232-16, Progress Payments, Alternate II.52.216-25, Contract Definitization.                      52.244-2, Subcontracts.52.216-25, Contract Definitization, Alternate I.Further instructions concerning provisions and clauses for letter contracts are set forth in 16.603-4(a).**Note 2:**                         The following clauses are prescribed for use in Small Business Administration 8(a) contracts:52.219-11, Special 8(a) Contract Conditions.                      52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns.52.219-12, Special 8(a) Subcontract Conditions.                      52.219-18, Alternate I52.219-14, Limitations on Subcontracting.52.219-17, Section 8(a) Award.**Note 3:**                         FAR provisions and clauses not identified on the matrix may be used in contracts for commercial items consistent with the procedures and limitations in FAR 12.302**Note 4:**                         The following clause is prescribed for use in Information Technology Management Reform Act (ITMRA) contracts:                         52.239-1, Privacy or Security Safeguards. "A".    **Parent topic:** 52.301 Solicitation provisions and contract clauses (Matrix).
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

ELIZABETH LYNNE HUTCHINSON, ) 

) 

 Plaintiff, ) 

 ) 

v. ) CIVIL ACTION NO. CV-06-00700-WHA 

) 

PHENIX CITY BOARD OF EDUCATION, et al ) 

 ) 

 Defendants. ) 

MOTION FOR SUMMARY JUDGMENT

 Come now the Defendants, Phenix City Board of Education and Larry E. DiChiara, and 

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, move the Court to enter a summary 

judgment in these Defendants favor dismissing the action on the ground that there are no genuine 

issues as to any material fact and that these Defendants are entitled to judgment as a matter of 

law. 

 This Motion is based upon the pleadings; the employment contracts of Plaintiff; the 

application for employment executed by Plaintiff; and excerpts from the depositions of Elizabeth 

Lynne Hutchinson, Brenda Densel, Paula Pritchett, Penny Passmore, Lori White and Larry E. 

DiChiara. Those documents are attached as exhibits to Defendants’ Brief in Support of Motion 

for Summary Judgment. 

This 7th day of June, 2007. 

 SMITH & SMITH 

 A PROFESSIONAL CORPORATION 

 /s/Sydney S. Smith 

 Attorney for the Defendants 

 Phenix City Board of Education and Larry E. DiChiara 

 1503 Broad Street 

 Phenix City, Alabama 36867 

 (334) 298-2679 

 SMI 078 

 ASB-4248-T82S 

Case 3:06-cv-00700-WHA-WC Document 29 Filed 06/07/2007 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that I have served the Motion for Summary Judgment upon Plaintiff’s 

counsel, by electronic filing and by email on this 7th day of June, 2007. 

 Joshua D. Wilson, Esq. 

 Rocco Calamusa, Jr., Esq. 

 Wiggins, Childs, Quinn & Pantazis, LLC. 

 The Kress Building 

 301 19th Street North 

 Birmingham, Alabama 35203 

jwilson@wcqp.com

rcalamusa@wcqp.com

 

 /s/ Sydney S. Smith 

 

CV/C-06-042 Motion for Summary Judgment060707 

Case 3:06-cv-00700-WHA-WC Document 29 Filed 06/07/2007 Page 2 of 2
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Case 1:06-cv-00703-MHT-CSC Document 47 Filed 01/10/2008 Page 1 of 2
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Case 1:06-cv-00703-MHT-CSC Document 47 Filed 01/10/2008 Page 2 of 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

Foreign-Trade Zone 207 was approved by the Foreign-Trade Zones Board on March 31, 1995 (Board Order 733) and expanded on September 9, 2005 (Board Order 1413).

FTZ 207 currently consists of 2 “sites” totaling 2,276 acres in the Richmond area. The current update does not alter the physical boundaries that have previously been approved, but instead involves an administrative renumbering that separates certain non-contiguous sites for record-keeping purposes.

Under this revision, the site list for FTZ 207 will be as follows: Site 1 (2044 acres)—within the Richmond International Airport Complex; Site 2 (221 acres)—SouthPoint Business Park, 8100 Quality Drive, Prince George; and, Site 3 (11 acres)—Lewiston Industrial Park, 11293 Central Drive, Ashland.

                    For further information, contact Maureen Hinman at                     *maureen.hinman@trade.gov*                     or (202) 482-0627.                

Dated: December 1, 2010.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2010-31098 Filed 12-9-10; 8:45 am]

BILLING CODE P
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

WILLIE MCNAIR, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06cv695-WKW

)

RICHARD ALLEN, et al., )

)

Defendants. )

____________________________________

JAMES CALLAHAN, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06cv919-WKW

)

RICHARD ALLEN, et al., )

)

Defendants. )

ORDER

Now pending before the court is the May 29, 2007, motion for a protective order (doc.

# 61) filed by the defendants. Upon consideration of the motion and for good cause, it is

ORDERED that on or before June 6, 2007, the opposing parties shall show cause why

the motion for a protective order should not granted. It is further

ORDERED that the depositions at issue be and are hereby STAYED pending

resolution of the motion for a protective order.

Done this 31st day of May, 2007.

 /s/Charles S. Coody 

CHARLES S. COODY

CHIEF UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00695-WKW-CSC Document 62 Filed 05/31/2007 Page 1 of 1
5134.7002 Policy.

(d)(4) The head of the contracting activity shall make the determination under DFARS

234.7002(d)(4). See Appendix GG for further delegation.

Parent topic: Subpart 5134.2 - Earned Value Management System
#### § 780.1 General.

This part sets forth rules applicable to appealability reviews, reconsiderations, appeals and alternative dispute resolution procedures comprising in aggregate the informal appeals process of FSA. FSA will apply these rules to facilitate and expedite participants' submissions and FSA reviews of documentary and other evidence material to resolution of disputes arising under agency program regulations.
#### § 58.719 Coloring.

Coloring shall be Annatto or any other cheese or butter color which is approved by the Food and Drug Administration.
#### Peter E. HENDRICKSON, Plaintiff—Appellant, v. UNITED STATES of America, Defendant—Appellee.

No. 06-56129.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 13, 2007 *.

Filed Aug. 22, 2007.

Peter E. Hendrickson, Commerce Turnpike, MI, pro se.

Thomas M. Moore, Esq., USSF—Office of the U.S. Attorney, San Francisco, CA, David I. Pincus, Esq., Anthony T. Sheehan, Esq., DOJ—U.S. Department of Justice, Tax Division/Appellate Section, Washington, DC, for Defendant-Appellee.

*434Before: KLEINFELD, SILVERMAN, and M. SMITH, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Peter E. Hendrickson appeals pro se from the district court’s order denying his petition to quash a summons directed at the EBAY/PayPal fraud investigation team in connection with an investigation into Hendrickson’s internet tax evasion business, Lost Horizons. We have jurisdiction pursuant to 28 U.S.C. § 1291. The district court’s decision to enforce an IRS summons will not be disturbed unless its finding that the summons was issued for a proper purpose was clearly erroneous. *Ponsford v. United States,*771 F.2d 1305, 1307 (9th Cir.1985). We affirm.

The district court’s determination upholding the summons was not clearly erroneous. The IRS submitted a declaration establishing a prima facie case that the summons was issued in good faith as part of a legitimate investigation into Hendrickson’s tax liabilities and his role in assisting others in evading federal income tax laws. *See Fortney v. United States,*59 F.3d 117, 119-20 (9th Cir.1995). Furthermore, Hendrickson did not establish that the investigation was motivated by bad faith. *See id.*at 120 (“Once a prima facie case is made a heavy burden is placed on the taxpayer to show an abuse of process or the lack of institutional good faith.”) (internal quotations omitted).

Hendrickson’s remaining contentions are unpersuasive.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### § 966.33 Expenses and compensation.

Committee members and alternates may be reimbursed for expenses necessarily incurred by them in the performance of duties and in the exercise of powers under this part.
# 52.223-8 [Reserved]

**Parent topic:**52.223 [Reserved]
#### § 8.1 Policy.

The Cooperative Extension Service, of which the 4-H Club program is a part, invites and appreciates the cooperation of all organizations, agencies, and individuals whose interest, products, or services will contribute to the educational effort of the Cooperative Extension Service as conducted through the 4-H Club program.
#### § 923.55 Inspection and certification.

Whenever the handling of any variety of cherries is regulated pursuant to § 923.52 or § 923.53, each handler who handles cherries shall, prior thereto, cause such cherries to be inspected by the Federal-State Inspection Service, and certified by it as meeting the applicable requirements of such regulation: *Provided,* That inspection and certification shall be required for cherries which previously have been so inspected and certified only if such cherries have been regraded, resorted, repackaged, or in any other way further prepared for market. Promptly after inspection and certification, each such handler shall submit, or cause to be submitted, to the committee a copy of the certificate of inspection issued with respect to such cherries.
# 5125.7703-2 Determination requirements.

(b)(2)(i)  The head of the contracting activity is authorized to make the determination at DFARS 225.7703-2(b)(2)(i).  See Appendix GG for further delegation.

**Parent topic:**5125.7703 Enhanced authority to acquire products or services from Afghanistan.
5132.7101 Policy and procedures.    (b)(4)  Subject to DFARS 232.7101(b) and the procedures at the DFARS PGI 232.7101(b), the contracting officer shall ensure the senior contracting official (SCO) endorses the notification memorandum sent to the Director, Defense Procurement and Acquisition Policy (DPAP).  The SCO may not delegate this endorsement to a lower level.  In addition to the assessment the contractor provides, the contracting officer shall obtain from the appropriate requiring activity any other information necessary to prepare the notification.  The contract file will clearly show all reviews and coordination for the action at the SCO and lower levels, to include legal counsel review.  When the contracting officer sends the notification memorandum to the Director, DPAP, the contracting officer shall provide a copy of this memorandum to the address at 5101.290(b)(2)(ii)(A).       (c)  When the contracting officer receives a response from DPAP, the contracting officer shall send a copy of the response to the address at 5101.290(b)(2)(ii)(A). **Parent topic:** Subpart 5132.71 - Levies on Contract Payments
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Commission on Civil Rights

# AGENCY:

United States Commission on Civil Rights.

# ACTION:

Notice of meeting.

# Date and Time:

 Friday, December 17, 2010; 9:30 a.m. EST.

# Place: 

624 Ninth Street, NW., Room 540, Washington, DC 20425.

## Meeting Agenda

This meeting is open to the public.

I. Approval of Agenda.

II. Welcome New Commissioners.

III. Management and Operations:
      - Review of transition, order of succession, continuity of operations.
      - Review of 2011 meeting calendar.
      - Staff Director's report.

IV. Program Planning: Update and discussion of projects.
      - Cy Pres.
      - Disparate Impact in School Discipline Policies.
      - Gender and the Wage Gap.
      - Title IX—Sex Discrimination in Liberal Arts College Admissions.
      - Eminent Domain Project.
      - NBPP.

V. State Advisory Committee Issues:
      - Update on status of North Dakota, Illinois and Minnesota SACs.
      - Update on Vermont SAC.

VI. Approval of Minutes of December 3, 2010 Meeting.

VII. Announcements.

VIII. Adjourn.

# Contact Person for Further Information:

                        Lenore Ostrowsky, Acting Chief, Public Affairs Unit (202) 376-8591.                         *TDD:*                         (202) 376-8116.                    

                        Persons with a disability requiring special services, such as an interpreter for the hearing impaired, should contact Pamela Dunston at least seven days prior to the meeting at 202-376-8105.                         *TDD:*                         (202) 376-8116.                    

Dated: December 7, 2010.

David Blackwood,

General Counsel.

[FR Doc. 2010-31093 Filed 12-7-10; 4:15 pm]

BILLING CODE 6335-01-P