alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Second Department,

November, 1980

(November 3, 1980)

#### Coastal Pollution Control Services, Inc., Plaintiff, v Poughkeepsie Housing Authority, Defendant, and Third-Party Plaintiff-Respondent, et al., Third-Party Defendant. Mechanical Construction Corp., Third-Party Defendant-Appellant. (And Other Third-Party Actions.)

In an action to recover for services rendered and materials supplied, third-party defendant Mechanical Construction Corporation (Mechanical) appeals from (1) an order of the Supreme Court, Dutchess County, dated October 4,1979, which granted a motion for discovery and inspection by defendant third-party plaintiff Poughkeepsie Housing Authority (the authority), and (2) a further order of the same court, dated December 26,1979, which, *inter alia,*denied Mechanical leave to renew said discovery motion. Order dated December 26,1979, reversed, without costs or disbursements, motion for renewal granted, and, upon renewal, order dated October 4,1979, vacated and motion for discovery and inspection denied. Appeal from the order dated October 4,1979, dismissed as academic, without costs or disbursements, in light of our determination of the appeal from the order dated December 26,1979. Special Term erred in not granting Mechanical’s motion to renew. Although the new facts alleged on this motion were available at the time of the original motion, there is a sufficient explanation in the record as to why those facts were then omitted. (Cf. *Ecco High Frequency Corp. v Amtorg Trading Corp.,*274 App Div 982, affd 81 NYS2d 897.) Upon considering these new facts, it is evident that the material originally sought to be discovered by the authority was an engineer’s report prepared for Mechanical’s liability insurer, which had clearly anticipated representing and defending its insured in litigtion arising out of an oil spill on premises owned by the authority. (See *Kandel v Tocher,*22 AD2d 513, 515.) Mechanical thus sustained its burden of showing that the subject report was prepared solely for litigation purposes. (See CPLR 3101, subd [d]; see, also, *Koump v Smith,*25 NY2d 287.) Since the authority failed to show its inability to duplicate the engineer’s report or that withholding same would result in injustice or undue hardship, Special Term’s order directing the discovery and inspection of the report was error. (See *Cohen v Hardy,*23 AD2d 793.) Accordingly, the report sought by the authority was protected material and it should not have been considered subject to discovery. Damiani, J. P., Lazer, Mangano and Cohalan, JJ., concur.
#### § 966.51 Recommendations for regulations.

The committee, upon complying with the requirements of § 966.50, may recommend regulations to the Secretary whenever it finds that such regulations, as are provided for in this subpart, will tend to effectuate the declared policies of the act.
# 5230.202-2 Impracticability of submission.

 Submit requests for impracticability          determinations to DASN(P) at least 60 days prior to anticipated contract award by email at             usn.pentagon.asstsecnavrdadc.mbx.pabt@us.navy.mil with the subject          “[Activity Name] DFARS 230.202-2 – Impracticability Determination.” Include the estimated          date of contract award.

**Parent topic:**5230.202 Disclosure requirements.
NAICS: 325300

Pesticide Registrants

Labor Category: Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $57.42 $28.32 $17.02 

Benefits Percentage2Lb = B/W 44% 44% 44%

Benefits per hour B = W*Lb $25.31 $12.49 $7.50 

Loaded Hourly Rate Wb = W + B = 

W(1+Lb)

$82.73 $40.81 $24.52 

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo $41.37 $20.40 $12.26 

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$124.10 $61.21 $36.79 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_325300.htm May 2011 data

 NAICS 325300 - Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing

 Standard Occupational Codes:

 Management: 11-0000, Management Occupations

 Technical: 

19-0000, Life, Physical, and Social Science 

Occupations

 Clerical: 43-0000, Office and Administrative Support Occupations

2. Fringe benefits/wage per hour. The average for non farm, non federal civilian workers.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, 

EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the range of 20-70% 

of the load labor rate (wage + benefits) suggested in EPA guidance.
NAICS: 999100

EPA or Federal Government

Labor Category: Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $55.67 $36.02 $20.38 

Benefits Percentage2Lb = B/W 44% 44% 44%

Benefits per hour B = W*Lb $24.54 $15.88 $8.98 

Loaded Hourly Rate Wb = W + B = 

W(1+Lb)

$80.21 $51.90 $29.36 

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo $40.11 $25.95 $14.68 

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$120.32 $77.85 $44.05 

1. Data Source: BLS http://www.bls.gov/oes/current/naics4_999100.htm May 2011 data

 NAICS 999100 - Federal Executive Branch 

 Standard Occupational Codes:

 Management: 11-0000, Management Occupations

 Technical: 

19-0000, Life, Physical, and Social Science 

Occupations

 Clerical: 43-0000, Office and Administrative Support Occupations

2. Fringe benefits/wage per hour. The average for non farm, non federal civilian workers.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth Edition, 

EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the range of 20-70% 

of the load labor rate (wage + benefits) suggested in EPA guidance.
1345.604 Disposal of surplus property.       Surplus property shall be disposed of in accordance with procedures outlined in the DOC Personal Property Management Manual.    **Parent topic:** Subpart 1345.6 - Reporting, Reutilization, and Disposal
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

BELINDA GAIL BROWN, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 3:06cv710-MHT

) 

LIBERTY MUTUAL INSURANCE )

COMPANY, )

)

Defendant. )

ORDER

It is ORDERED that the motion to continue pretrial

and trial (Doc. No. 17) is denied. The pretrial has

been rescheduled, and the court will make sure that the

trial of this case does not conflict with the trial of

Valerie Davis v. Liberty Mutual Insurance Company, Cv

06-452-BH-B.

DONE, this the 8th day of June, 2007.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 3:06-cv-00710-MHT-TFM Document 20 Filed 06/08/2007 Page 1 of 1
52.242-15 Stop-Work Order.

As prescribed in 42.1305(b), insert the following clause. The "90-day" period stated in the clause

may be reduced to less than 90 days.

Stop-Work Order (Aug 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the

Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after

the order is delivered to the Contractor, and for any further period to which the parties may agree.

The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt

of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to

minimize the incurrence of costs allocable to the work covered by the order during the period of

work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within

any extension of that period to which the parties shall have agreed, the Contracting Officer shall

either-

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for

Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any

extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an

equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be

modified, in writing, accordingly, if-

(1) The stop-work order results in an increase in the time required for, or in the Contractor’s cost

properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of

work stoppage; provided, that, if the Contracting Officer decides the facts justify the action, the

Contracting Officer may receive and act upon the claim submitted at any time before final payment

under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the

convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from

the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default,

the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting

from the stop-work order.

(End of clause)

Alternate I (Apr 1984). If this clause is inserted in a cost-reimbursement contract, substitute in

paragraph (a)(2) the words "the Termination clause of this contract" for the words "the Default, or

the Termination for Convenience of the Government clause of this contract." In paragraph (b)

substitute the words "an equitable adjustment in the delivery schedule, the estimated cost, the fee,

or a combination thereof, and in any other terms of the contract that may be affected" for the words
"an equitable adjustment in the delivery schedule or contract price, or both."

Parent topic: 52.242 [Reserved]
#### Fred Melton, Respondent, v Town of Islip, Appellant.

In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the Department of Parks, Recreation and Cultural Affairs of the Town of Islip dismissing petitioner from his position as a laborer, the Town of Islip appeals from a judgment of the Supreme Court, Suffolk County, dated August 3, 1979, which, *inter alia,*directed that petitioner be reinstated. Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed. The rights which petitioner seeks to enforce were accorded him solely by a collective bargaining agreement, and his remedy, which indisputably has not been exhausted, may be found in the grievance procedure therein set forth. Accordingly, this proceeding must be dismissed (see CPLR 7801; *Matter of Baroni-Harris v Jacobs,*76 AD2d 922; *Matter of Coffee v Board of Educ.,*65 Misc 2d 931). Titone, J. P., Lazer, Gulotta and Martuscello, JJ., concur.
#### The People of the State of New York, Appellant, v. Harry Lewis Sanney, Respondent.

Order unanimously reversed, motion denied and indictment reinstated. Memorandum: Defendant has successfully moved to dismiss an indictment charging him with the crime of manslaughter first degree, on the ground that the evidence produced before the Grand Jury was legally insufficient. Incriminating evidence consisting of damaging admissions made by the defendant, was presented to the Grand Jury and the court below has held these admissions to be illegally tainted since they were obtained by use of a radio device concealed on the person of a prospective employer during an employment interview with the defendant and transmitted to the police, by prearrangement. We do not agree. It appears that the conversation complained of took place when defendant was not in custody. Such transmission of a conversation by one party.to it, under the circumstances here present, is not violative of the right of privacy guaranteed by the Fourth Amendment and, under similar conditions, has been held proper by our highest courts. *(On Lee*v. *United States,*343 U. S. 747; *People*v. *Gibson,*23 N Y 2d 618, affg. 29 A D 2d 843.) The evidence thus obtained was legally presented to and properly considered by the Grand Jury. The holding in *Katz*v. *United States*(389 U. S. 347) does not affect the result here reached, for in that case, unlike here, there was an invasion of the right of privacy. Furthermore, *Katz*is to-apply prospectively only in *(Kaiser*v. *New York,*394 U. S. 280) and the indictment before us was *738returned in. October, 1966. (Appeal from order iof Niagara County Court granting motion to dismiss indictment.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Henry, JJ.
#### Bella Davis, Respondent, v Michael Melnicke, Respondent, and Naftali Weisz et al., Nonparty Appellants.

Submitted September 4, 2007;

decided November 27, 2007

Reported below, 39 AD3d 378.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution *(see*
      *985Karger, Powers of the New York Court of Appeals § 5:18, at 151-152 [3d ed rev]).
<PAGE>


                                                                      Exhibit 32

                            CERTIFICATION PURSUANT TO
                            18 U. S. C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         This certification is intended to accompany the Quarterly Report on
Form 10-Q of Berkshire Bancorp Inc. (the "Company") for the period ended March
31, 2005, as filed with the Securities and Exchange Commission (the "Report"),
and is given solely for the purpose of satisfying the requirements of 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002. The undersigned, in my capacity as set forth below, hereby certifies 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 Company.

                                            /s/ Steven Rosenberg
                                            ----------------------------------
                                            Steven Rosenberg,
                                            Chief Executive Officer, President
                                            and Chief Financial Officer

                                            May 6, 2005









                                       34
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

RALPH WILSON LINGO, )

)

 Petitioner, )

)

v. ) CIVIL ACTION NO. 1:06-CV-703-MHT

)

STATE OF ALABAMA, et al., )

)

 Respondents. )

ORDER ON MOTION

Upon consideration of the motion for trial date/hearing filed by the petitioner on

January 28, 2008 (Court Doc. No. 57), and as such action is not warranted at this stage of

the proceedings, it is

ORDERED that this motion be and is hereby DENIED.

Done this 28th day of January, 2008.

 /s/ Charles S. Coody 

CHARLES S. COODY 

CHIEF UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00703-MHT-CSC Document 58 Filed 01/28/2008 Page 1 of 1
Subpart 726.70 [Reserved]

Parent topic: PART 726—OTHER SOCIOECONOMIC PROGRAMS
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3166 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3166

 To suspend temporarily the duty on Methyl 3-(trifluoromethyl)benzoate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

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

_______________________________________________________________________

                                 A BILL

 
 To suspend temporarily the duty on Methyl 3-(trifluoromethyl)benzoate.

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

SECTION 1. METHYL 3-(TRIFLUOROMETHYL)BENZOATE.

    (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:

      

``      9902.29.15        Methyl 3-               Free      No change       No change       On or before 12/
                           (trifluoromethyl)benz                                             31/2009          ''
                           oate (CAS No. 2557-13-                                                              .
                           3) (provided for in
                           subheading
                           2916.39.45)..........

    (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>
```
**Exhibit 31**

 

**WAMU ASSET ACCEPTANCE CORP.**

** **

**OFFICER’S CERTIFICATE**

 

I, Thomas G. Lehmann, certify that:

 

1.         I have reviewed this report on Form 10–K and all reports on Form 10–D required to be filed in respect of theperiod covered by this report on Form 10–K of WaMu Mortgage Pass-Through Certificates, Series 2006-AR14 Trust (the ‘‘Exchange Act periodic reports’’);

 

2.         Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement ofa  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;

 

3.         Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form10–D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.         Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB,and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreement(s) in all material respects; and

 

5.         All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their relatedattestation 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 anexhibit 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. 

 

Date:  March 15, 2007

 

  /s/ Thomas G. Lehmann_________Name:  Thomas G. LehmannTitle:    President
#### § 959.104 Fiscal period.

The fiscal period shall begin August 1 of each year and end July 31 of the following year, both dates inclusive.

[68 FR 11466, Mar. 11, 2003]
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

CG TECHNOLOGY DEVELOPMENT, LLC, 

INTERACTIVE GAMES LIMITED, INTERACTIVE 

GAMES LLC,

Plaintiffs-Appellants

v.

FANDUEL, INC.,

Defendant-Appellee

______________________

2020-1695

______________________

Appeal from the United States District Court for the 

District of Delaware in No. 1:17-cv-01041-RGA, Judge 

Richard G. Andrews.

______________________

JUDGMENT

______________________

JASON LEE ROMRELL, Finnegan, Henderson, Farabow, 

Garrett & Dunner, LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by JAMES R. BARNEY,

CORA RENAE HOLT, J. MICHAEL JAKES, ROBERT SHAFFER.

 MEGAN JOANNA REDMOND, Erise IP, P.A., Overland 

Park, KS, argued for defendant-appellee. Also represented 

by CAROLINE A. BADER, ERIC ALLAN BURESH.

Case: 20-1695 Document: 49 Page: 1 Filed: 09/10/2021
 ______________________

THIS CAUSE having been heard and considered, it is 

ORDERED and ADJUDGED:

 PER CURIAM (NEWMAN, O’MALLEY, and TARANTO, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

September 10, 2021 

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

Case: 20-1695 Document: 49 Page: 2 Filed: 09/10/2021
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> US DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<EXCHANGE-RATE>                                   1.00
<CASH>                                           1,097
<SECURITIES>                                         0
<RECEIVABLES>                                    8,734
<ALLOWANCES>                                     3,315
<INVENTORY>                                        465
<CURRENT-ASSETS>                                10,875
<PP&E>                                           9,278
<DEPRECIATION>                                 (6,972)
<TOTAL-ASSETS>                                  19,975
<CURRENT-LIABILITIES>                           24,109
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           112
<OTHER-SE>                                    (13,178)
<TOTAL-LIABILITY-AND-EQUITY>                    19,975
<SALES>                                          9,917
<TOTAL-REVENUES>                                 9,917
<CGS>                                          (4,578)
<TOTAL-COSTS>                                  (4,578)
<OTHER-EXPENSES>                               (4,781)
<LOSS-PROVISION>                                 (664)
<INTEREST-EXPENSE>                               (387)
<INCOME-PRETAX>                                    268
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<NET-INCOME>                                       268
<EPS-BASIC>                                     0.02
<EPS-DILUTED>                                     0.02


</TABLE>