alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Appellant-Respondent, v Raymond C. George, Respondent-Appellant.

Submitted November 5, 2007;

decided November 15, 2007

Reported below, 43 AD3d 560.

Motion for assignment of counsel granted and David J. Wu-kitsch, Esq., care of McNamee Lochner Titus & Williams, P.C., 677 Broadway, Albany, New York 12207 assigned as counsel to the respondent-appellant on the appeal herein.
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

July 06, 2012

RE:Case Number:  11-0282

Court of Appeals Number:  05-09-01505-CV

Trial Court Number:  06-1398-W-304

Style:IN THE INTEREST OF E.R., J.B., E.G., AND C.L., CHILDREN

Dear Counsel:

Today the Supreme Court of Texas issued an opinion in the above-referenced cause.  You may obtain a copy of the opinion at: http://www.supreme.courts.state.tx.us/historical/recent.asp.  If you would like the opinion by email, please contact Claudia Jenks at claudia.jenks@txcourts.gov or call (512)463-1312 ext. 41367.  

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosure

**Case No. 11-0282Page 1**
§ 932.121 Producer districts. Pursuant to the authority in § 932.35(k), commencing with the term of office beginning June 1, 2005, district means any of the following geographical areas of the State of California: ( a ) District 1 shall include the counties of Alpine, Tuolumne, Stanislaus, Santa Clara, Santa Cruz, and all counties north thereof.
( b ) District 2 shall include the counties of Mono, Mariposa, Merced, San Benito, Monterey and all counties south thereof.
[70 FR 6326, Feb. 7, 2005]
Case 2:06-cv-00701-ID-CSC Document 21 Filed 07/18/2007 Page 1 of 3
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#### PEOPLE v. FEDERAL BANK OF NEW YORK et al.

(Supreme Court, Appellate Division, First Department.

July 12, 1906.)

Proceedings by the people of the state of New York against the Federal Bank of New York and the Bankers’ Surety Company.

No opinion. Order affirmed, with $10 costs and disbursements. Order filed.
2007-1415.

#### State v. Mosmeyer.

Hamilton App. No. C-060747. On motion to hold the cause for the decision in 2007-0052, *State v. Simpkins,*Cuyahoga App. No. 87692, 2006-Ohio-6028, and stay briefing schedule. Motion granted. Briefing schedule is stayed until further notice by the court.

O’Connor and Lanzinger, JJ., dissent.
950.7101 Applicability.

(a) The DOE also has general contract authority to enter into indemnity agreements with its

contractors. Under such authority a certain measure of protection is extended to the DOE contractor

against risk of liability, but the assumption of liability by DOE will be expressly subject to the

availability of appropriated funds. Prior to enactment of section 170 of the Atomic Energy Act 1954,

as amended, this authority was exercised in a number of Atomic Energy Commission contracts and

this type of indemnification remains in some DOE contracts.

(b) It is the policy of the DOE, subsequent to the enactment of section 170, to restrict indemnity

agreements with DOE contractors, with respect to protection against public liability for a nuclear

incident, to the statutory indemnity provided under section 170. However, it is recognized that

circumstances may exist under which a DOE contractor may be exposed to a risk of public liability

for a nuclear occurrence which would not be covered by the statutory indemnity.

(c) While it is normally DOE policy to require its non-management and operating contractors to

obtain insurance coverage against public liability for nonnuclear risks, there may be circumstances

in which a contractual indemnity may be warranted to protect a DOE non-management and

operating contractor against liability for uninsured nonnuclear risks.

(d) If circumstances as mentioned in paragraph (b) or (c) of this section do arise, it shall be the

responsibility of the Heads of Contracting Activities to submit to the Head of the Agency or designee

for review and decision, all pertinent information concerning the need for, or desirability of,

providing a general authority indemnity to a DOE contractor.

(e) Where the indemnified risk is nonnuclear, the amount of general authority indemnity extended to

a fixed-price contractor should normally have a maximum obligation equivalent to the amount of

insurance that the contractor usually carries to cover such risks in its other commercial operations

or, if the risk involved is dissimilar to those normally encountered by the contractor, the amount that

it otherwise would have reasonably procured to insure this contract risk.

(f) In the event that a DOE contractor has been extended both a statutory indemnity and a general

authority indemnity, the general authority indemnity will not apply to the extent that the statutory

indemnity applies.

(g) The provisions of this subsection do not restrict or affect the policy of DOE to pay its costreimbursement type contractors for the allowable cost of losses and expenses incurred in the

performance of the contact work, within the maximum amount of the contract obligation.

Parent topic: Subpart 950.71 - General Contract Authority Indemnity
Subpart 1034.0 - General

Parent topic: PART 1034 - MAJOR SYSTEM ACQUISITION

1034.001 Definitions.

As used in this part -

Development, Modernization, Enhancement (DME) is the portion of an IT investment/project which

deals with developing and implementing new or enhanced technology in support of an agency's

mission.

Major acquisitions for development are defined as contracts, awarded in support of one or more

Major IT investments with DME activities, which meet the contract threshold for fully applying FAR

34.2 procedures.

Performance-based acquisition management means a documented, systematic process for program

management, which includes integration of program scope, schedule and cost objectives,

establishment of a baseline plan for accomplishment of program objectives, and use of earned value

techniques for performance measurement during execution of the program. A performance-based

acquisition (as defined in FAR 37.101) or an acquisition with a defined quality assurance plan that

includes performance standards/measures should be the basis for monitoring the contractor.

1034.004 Acquisition strategy.

(a) A program manager's acquisition strategy written at the system or investment level in

accordance with FAR 7.103(e) shall include at a minimum:

(1) The relationship of each individual acquisition (Contract, Delivery Order, Task Order, or

Interagency Agreement) to the overall investment requirements and management structure;

(2) What work is being performed in-house (by government personnel) versus contracted out for the

investment;

(3) A description of the effort, by acquisition, and the plans to include required clauses in the

acquisitions;

(4) A timetable of major acquisition award and administration activities, including plans for contract

transitions;

(5) An investment/system surveillance plan;

(6) Financial and human resource requirements to manage the acquisition processes through the

investment lifecycle;

(7) Consideration of optimal contract types, including considerations of performance based

approaches, small business utilization, Section 508, etc.; and

(8) Assurances that the acquisition strategy section and supporting acquisition plans will maximize
competition, including enabling downstream competition through avoidance of vendor “lock in”.

(b) The acquisition strategy shall be approved by a chartered interdisciplinary acquisition team that

includes a representative of the procurement organization designated in accordance with bureau

procedures.
#### Penn Plaza Venture et al., Respondents, v. Glens Falls Insurance Company, Appellant.

Order filed October -30,1968, denying in part defendant’s motion for a protective order in respect of .the ■ discovery and inspection of reports made by adjusters and others in the investigation of a fire loss, unanimously modified on the law and the facts to the extent of excluding writings which express opinions of experts, and otherwise affirmed, without costs and without disbursements. Defendant consents to the discovery and inspection of certain adjusters’ reports. Reports of defendant’s experts are excluded from such discovery and inspection by the provisions of CPLR 3101 (subds. [e], [d]). (See *Kent*v. *Maryland Cas. Co.,*25 A D 2d 653; *Dialand Elec. Sales Corp.*v. *Worcester Mut. Fire Ins. Co.,*5 A D 2d 1047; *Naiman*v. *Niagara Falls Ins. Co., 283*App. Div. 1016; 86 ALR 2d 145.) Concur—■ Capozzoli, J. P., Tilzer, Markewieh, Nunez and McNally, JJ.
SUBCHAPTER B—ACQUISITION PLANNING

PART 3405—PUBLICIZING CONTRACT ACTIONS

PART 3406—COMPETITION REQUIREMENTS

PART 3407—ACQUISITION PLANNING

PART 3408—REQUIRED SOURCES OF SUPPLIES AND SERVICES

PART 3409—CONTRACTOR QUALIFICATIONS

PART 3412—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES

PART 3405—PUBLICIZING CONTRACT ACTIONS

Subpart 3405.2—Synopses of Proposed Contract Actions

3405.202 Exceptions.

3405.203 Publicizing and response time.

3405.205 Special situations.

3405.207 Preparation and transmittal of synopses.

3405.270 Notices to perform market surveys.

Subpart 3405.5—Paid Advertisements

3405.502 Authority.

PART 3406—COMPETITION REQUIREMENTS

3406.001 Applicability.

Subpart 3406.3—Other Than Full and Open Competition

3406.302-2 Unusual and compelling urgency.

3406.302-5 Authorized or required by statute.

Subpart 3406.5—Advocates for Competition

3406.501 Requirement.

PART 3407—ACQUISITION PLANNING

Subpart 3407.1—Acquisition Plans

3407.103 Agency-head responsibilities.

PART 3408—REQUIRED SOURCES OF SUPPLIES AND SERVICES

Subpart 3408.8—Acquisition of Printing and Related Supplies

3408.871 Paperwork reduction.

PART 3409—CONTRACTOR QUALIFICATIONS

Subpart 3409.4—Debarment, Suspension, and Ineligibility

3409.400 Scope of subpart.

3409.401 Applicability.

3409.403 Definitions.

3409.406 Debarment.

3409.406-3 Procedures.

3409.407 Suspension.

3409.407-3 Procedures.

Subpart 3409.5—Organizational and Consultant Conflicts of Interest

3409.502 Applicability.

3409.503 Waiver.

3409.506 Procedures.

3409.507 Solicitation provision and contract clause.

3409.507-1 Solicitation provision.

3409.507-2 Contract clause.

PART 3412—ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
Subpart 3412.2—Special Requirements for the Acquisition of Commercial Products and

Commercial Services

3412.203 Procedures for solicitation, evaluation, and award.

Subpart 3412.3—Solicitation Provisions and Contract Clauses for the Acquisition of

Commercial Products and Commercial Services

3412.301 Solicitation provisions and contract clauses for the acquisition of

commercial products and commercial services.

3412.302 Tailoring of provisions and clauses for the acquisition of commercial

products and commercial services.
•:-^.|^TMENTOF 

• ••^'OHTATION 

TRANSPdRT^CTlON 

MO-irll l lO " fvh^fON f 

C>oT- osr- 200Z. -11^2. 

Respond to; 

NEW MEXICO A VIA TION DIVISION 

PC Box 9830 

Albuquerque, N M 87119 

505-244-1788 phone 

505-244-1790 fax 

March 4, 2011 

Dennis J. DeVany, Chief 

Essential Air Service Division, X-53 

Room 6401 Office of Aviation Analysis Dept. of Transportation 

400 7th St. SW 

Washington, DC 20590 

Dear Mr. DeVany, 

Thank you for giving us the opportunity to comtnent on the EAS proposals tor Carlsbad, Clovis and 

Silver City. 

New Mexico Airlines submitted a stand alone proposal for Carlsbad and Silver City. New Mexico 

Airlines is the incumbent carrier at Carlsbad. It is our understanding that the proposed aircraft does 

not meet the two-engine or 15-or-more passenger seat requirement. Our concern with the New 

Mexico Airlines proposal is that the airplane is not pressurized. 

Seaport submitted a proposal for Clovis, Carlsbad and Silver City. The aircraft that SeaPort will be 

utilizing also does not meet the two-engine or 15-or-more passenger requirement; however the 

aircraft is pressurized and according to the proposal will be operated with two-pilots at all times. If 

the communities would decide to sign a waiver for this aircraft, we would support that decision. 

Great Lakes Airlines submitted proposals for Clovis and Silver City. Great Lakes Airlines is the 

incumbent carrier to both communities. The proposed aircraft currently meets all EAS requirements. 

Ultimately we feel that the Beechcraft 1900D currenlJy used by Great Lakes presents the saiiGsi and 

most comfortable option for the traveling public. The extreme difference of terrain and weather in 

New Mexico constitutes a need for a multi-engine aircraft with weather avoidance capabilities. It is 

the opinion of the New Mexico Aviation Division that the aircraft meet all current EAS 

requirements. 

We greatly appreciate you giving us an opportunity to comment on these proposals. EAS is of great 

importance to our State and communities. As always, we appreciate your work on behalf of the State 

of New Mexico. 

Sincerely, 

Susana Martinez 

Governor 

Alvin C. Dominguez, P.E. 

Cabinet Secretary 

Jane M. Lucero, A/CP 

Acting Division Director 

sis^iu-/y ,^:>we/^ 

Jane M. Lucero 

Acting Director 

New Mexico Aviation Division 

Genera l Offic e P. O. B o X 11 4 9 Sant a Fe . N M 87504- 1 14 9
II 

109TH CONGRESS 

2D SESSION S. 2927 

To extend temporarily the suspension of duty on Esfenvalerate. 

IN THE SENATE OF THE UNITED STATES 

MAY 23, 2006 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on 

Esfenvalerate. 

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

3 SECTION 1. ESFENVALERATE. 

4 (a) IN GENERAL.—Heading 9902.01.45 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Esfenvalerate) is amended by striking ‘‘12/31/2006’’ and 

7 inserting ‘‘12/31/2009’’. 

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

9 subsection (a) applies to goods entered, or withdrawn from 


ycherry on PROD1PC64 with BILLS
2 

•S 2927 IS 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ 


ycherry on PROD1PC64 with BILLS
#### Collier *v.*The State.

June 13, 1913.

Indictment for murder. Before Judge Charlton. Chatham superiors court. April 15, 1913.

*George W.*Owens, for plaintiff in error.

*Thomas 8. Felder, attorney-general, .Walter O. Hartridge, solicitor-general,*and *Morris H. Bernstein,*contra.

Evans, P. J.

No complaint is made of any ruling of the court on the trial of the case. The evidence warrants the verdict, which has the approval of the trial judge.

*Judgment*affirmed.

*All the Justices concur.*
§ 948.60 Compensation and expenses. ( a ) Members of each area committee and their alternates shall serve without salary, but may be compensated at a rate not in excess of $10 per day while engaged on committee business, and may be reimbursed for necessary expenses actually incurred while so engaged. At the discretion of an area committee, alternates may be requested to attend any or all committee meetings and receive compensation and expenses therefor regardless of attendance by the respective members.
( b ) The compensation and expenses of members and alternates of the Colorado Potato Committee shall be paid by the respective area committee they represent.
( c ) Such other expenses as may be incurred by the Colorado Potato Committee pursuant to a budget of expenses approved by the Secretary shall be allotted to, and paid by, one or more of the area committees, as may be specified in an order issued by the Secretary pursuant to the provisions of this subpart.
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II 

109TH CONGRESS 

2D SESSION S. 3359 

To suspend temporarily the duty on diethyl ether. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2006 

Mr. FRIST (for himself and Mr. ALEXANDER) introduced the following bill; 

which was read twice and referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on diethyl ether. 

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

3 SECTION 1. DIETHYL ETHER. 

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

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.29.11 Diethyl ether (CAS No. 60–29–7) (provided for in subheading 2909.11.00) ....... Free No change No change On or before 

12/31/2009 ’’. 

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

9 this section shall apply with respect to goods entered, or 


cchase on PROD1PC60 with BILLS
2 

•S 3359 IS 

1 withdrawn from warehouse for consumption, on or after 

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

Æ 


cchase on PROD1PC60 with BILLS
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| 1 | I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Ally Auto Receivables Trust 2012-5 (the “Exchange Act periodic reports”); |

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| 2 | Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; |

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| 3 | Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports; |

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| 4 | Based on my knowledge and the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and |

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| 5 | All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. |

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| /s/ Ryan C. Farris                                            |   |
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| Ryan C. Farris                                                |
| President, Ally Auto Assets LLC, as Depositor                 |
| (Senior Officer in charge of securitization of the depositor) |
Editorial Note on Part 91
Editorial Note: Nomenclature changes to part 91 appear at 61 FR 51350, Oct. 2 1996.

§ 91.32 Where to file for an appeal of a laboratory service and information required. ( a ) Application for an appeal of a laboratory service may be filed with the supervisor in the office or the director of the laboratory facility that issued the certificate or laboratory report on which the appeal analysis covering the commodity product is requested.
( b ) The application for an appeal of a laboratory service shall state the location of the lot of the commodity product and the reasons for the appeal; and date and serial number of the certificate covering the laboratory service of the commodity product on which the appeal is requested. In addition, such application shall be accompanied by the original and all available copies of the certificate or laboratory report.
( c ) Application for an appeal of a laboratory service may be made orally (in person or by telephone), in writing, by e-mail, by facsimile, or by telegraph. If made orally, written confirmation shall be made promptly.
[65 FR 64311, Oct. 26, 2000]
Subpart 902.1 - Definitions    **Parent topic:** PART 902 - DEFINITIONS OF WORDS AND TERMS902.101 Definitions.       *Agency Head* or *Head of the Agency* means -                    (1)  			For the Department of Energy (DOE) -                    (i)  			The Secretary;          (ii) The Deputy Secretary; or          (iii) Under Secretaries of the Department of Energy.          (2) For the National Nuclear Security Administration (NNSA) the Administrator, also known as the Under Secretary of Nuclear Security.          *Department of Energy (DOE)* means, as used in the DEAR, the Department of Energy and includes the National Nuclear Security Administration (NNSA), unless otherwise specified.          *Senior Procurement Executive* means for the Department of Energy, the Director, Office of Procurement and Assistance Management and for the National Nuclear Security Administration, the Deputy Associate Administrator for Acquisition and Project Management.