alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
52.242-14 Suspension of Work.

As prescribed in 42.1305(a), insert the following clause in solicitations and contracts when a fixedprice construction or architect-engineer contract is contemplated:

Suspension of Work (Apr 1984)

(a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all

or any part of the work of this contract for the period of time that the Contracting Officer determines

appropriate for the convenience of the Government.

(b) If the performance of all or any part of the work is, for an unreasonable period of time,

suspended, delayed, or interrupted (1)by an act of the Contracting Officer in the administration of

this contract, or (2)by the Contracting Officer’s failure to act within the time specified in this

contract (or within a reasonable time if not specified), an adjustment shall be made for any increase

in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable

suspension, delay, or interruption, and the contract modified in writing accordingly. However, no

adjustment shall be made under this clause for any suspension, delay, or interruption to the extent

that performance would have been so suspended, delayed, or interrupted by any other cause,

including the fault or negligence of the Contractor, or for which an equitable adjustment is provided

for or excluded under any other term or condition of this contract.

(c) A claim under this clause shall not be allowed-

(1) For any costs incurred more than 20 days before the Contractor shall have notified the

Contracting Officer in writing of the act or failure to act involved (but this requirement shall not

apply as to a claim resulting from a suspension order); and

(2) Unless the claim, in an amount stated, is asserted in writing as soon as practicable after the

termination of the suspension, delay, or interruption, but not later than the date of final payment

under the contract.

(End of clause)

Parent topic: 52.242 [Reserved]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3258 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3258

    To suspend temporarily the duty on in line ground fault circuit 
                             interrupters.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2006

Mr. Frist (for Mrs. Dole) introduced the following bill; which was read 
             twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
    To suspend temporarily the duty on in line ground fault circuit 
                             interrupters.

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

SECTION 1. IN LINE GROUND FAULT CIRCUIT INTERRUPTERS.

    (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:

      

``      9902.85.37        In line ground fault    Free      No change       No change       On or before 12/
                           circuit interrupters                                              31/2009          ''
                           of 15 amps or more                                                                  .
                           (provided for in
                           subheading
                           8536.30.80)..........

    (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>
```
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### MEMORANDUM OPINION

No. 04

- 09

- 00585

- CR

Michael Anthony BARQUIN

, Appellant

v.

The STATE of Texas,

Appellee

From the County Court at Law No. 7

, Bexar County, Texas

Trial Court No. 272815

Honorable Brenda Chapman , Judge Presi ding

PER CURIAM

Sitting: Rebecca S immons , Justice

Steven C. Hilbig, Justice

Marialyn Barnard, Justice

Delivered and Filed: November 18, 2009

DISMISSED

Appellant has filed a motion to dismiss this appeal by withdrawing his n otice of appeal.

The motion is granted and this appeal is dismissed. See T EX

. R. A PP

. P. 42.2(a).

PER CURIAM

DO NOT PUBLISH
§ 930.51 Issuance of volume regulations. ( a ) Whenever the Secretary finds, from the recommendation and supporting information supplied by the Board, that to designate final free market tonnage and restricted percentages for any cherries acquired by handlers during the crop year will tend to effectuate the declared policy of the Act, the Secretary shall designate such percentages. Such regulation designating such percentage shall fix the free market tonnage and restricted percentages, totaling 100 percent, which shall be applied in accordance with this section, §§ 930.55, 930.57 and 930.59 to cherries grown in regulated districts, as determined under § 930.52, and handled during such fiscal period.
( b ) The Board shall be informed immediately of any such regulation issued by the Secretary, and the Board shall promptly give notice thereof to handlers.
( c ) That portion of a handler's cherries that are restricted percentage cherries is the product of the restricted percentage imposed under paragraph (a) of this section multiplied by the tonnage of cherries, originating in a regulated district, handled, including those diverted according to § 930.59, by that handler in that fiscal year.
( d ) The Board, with the approval of the Secretary, shall develop rules and regulations which shall provide guidelines for handlers in complying with any restricted tonnage requirements, including, but not limited to, a grace period of at least 30 days to segregate and appropriately document any tonnage they wish to place in the inventory reserve and to assemble any applicable diversion certificates.
[61 FR 49942, Sept. 24, 1996, as amended at 67 FR 51714, Aug. 8, 2002]
**EXHIBIT 31.1** **Section 302    Certification of Principal Executive Officer**     I, William J. Gervais, certify that:     1. I have reviewed this quarterly report on    Form 10-Q    of Qualstar Corporation;     2. Based on my knowledge, this report does 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;     3. Based on my knowledge, the financial statements, and    other financial information included in this report, fairly    present in all material respects the financial condition,    results of operations and cash flows of the registrant as of,    and for, the periods presented in this report;     4. The registrant’s other certifying officer(s) and I    are responsible for establishing and maintaining disclosure    controls and procedures (as defined in Exchange Act    Rules 13a-15(e)    and    15d-15(e))    for the registrant and have:     (a) Designed such disclosure controls and procedures, or    caused such disclosure controls and procedures to be designed    under our supervision, to ensure that material information    relating to the registrant, including its consolidated    subsidiaries, is made known to us by others within those    entities, particularly during the period in which this report is    being prepared;     (b) [Paragraph (b) is omitted pursuant to SEC    Release Nos.    33-8238 and    34-47986]     (c) Evaluated the effectiveness of the registrant’s    disclosure controls and procedures and presented in this report    our conclusions about the effectiveness of the disclosure    controls and procedures, as of the end of the period covered by    this report based on such evaluation; and     (d) Disclosed in this report any change in the    registrant’s internal control over financial reporting that    occurred during the registrant’s most recent fiscal quarter    (the registrant’s fourth fiscal quarter in the case of an    annual report) that has materially affected, or is reasonably    likely to materially affect, the registrant’s internal    control over financial reporting; and     5. The registrant’s other certifying officer(s) and I    have disclosed, based on our most recent evaluation of internal    control over financial reporting, to the registrant’s    auditors and the audit committee of the registrant’s board    of directors (or persons performing the equivalent functions):     (a) All significant deficiencies and material weaknesses in    the design or operation of internal control over financial    reporting which are reasonably likely to adversely affect the    registrant’s ability to record, process, summarize and    report financial information; and     (b) Any fraud, whether or not material, that involves    management or other employees who have a significant role in the    registrant’s internal control over financial reporting. /s/  WILLIAM    J. GERVAIS    William J. Gervais    Chief Executive Officer     Dated: February 13, 2006
#### The People of the State of New York, Appellant, v Anibal Rodriguez, Respondent.

Order, Supreme Court, New York County, rendered April 11, 1978, setting aside a jury verdict of conviction of criminal possession of a weapon, reversed, on the law, the verdict reinstated, and the case remanded to Supreme Court, New York County, for further proceedings. We need not review the stop made by police of an automobile driven by codefendant Beauchamp, in which defendant was a passenger; it has not been challenged. Beauchamp, the driver, had both hands on the wheel and was looking straight forward when the car was halted. Both occupants were ordered out. When defendant left the front passenger seat, a revolver was seen on the floor, half under the seat, midway in its width. The driver denied having any knowledge of a gun, and indeed a console on the floor occupied the space between the two front bucket seats. The driver testified to having been riding with defendant, his brother-in-law, as his passenger, and had stopped to take aboard a friend of defendant. The friend sat in the back seat for a short distance and then he and defendant left the car briefly. The latter returned shortly, alone, just before arrival of the police. The jury, which received the case against both on a charge of the presumption of possession of subdivision 3 of section 265.15 of the Penal Law, convicted defendant and acquitted Beauchamp. The court, on defendant’s motion, set aside the verdict on three separate bases, none of which, in our view, has validity. One ground addressed the statutory presumption of subdivision 3 of section 265.15. On the holding of *Allen v County Ct., Ulster County*(568 F2d 998) that the statute is unconstitutional, the court set aside the verdict. But *Allen*has since been reversed *(sub nom. Ulster County Ct. v Allen,*442 US 140) by the United States Supreme Court. In any event, the court’s charge had defined the presumption in permissive terms. The court set aside the verdict for yet another reason, finding insufficient evidence to connect defendant with the weapon. If the jury applied the presumption, as obviously it did, there was more than sufficient evidence pointing to defendant to justify the conclusion of the jury that the gun was defendant’s. Further, the court considered the split verdict inconsistent. It was not: Beauchamp, *731the driver, had given an exculpatory explanation concerning his lack of relationship with the gun, and it was sufficient to rebut the presumption as to him. The jury apparently had believed that, while Beauchamp did not see the gun or know of its presence, defendant, who had twice entered and twice exited the vehicle, could not but have known it was on the floor on his side of the car. Concur—Murphy, P. J., Birns, Fein, Markewich and Lupiano, JJ.
§ 900.110 Application for arbitration. An application for arbitration by a cooperative shall be in writing and shall contain the following information: ( a ) Names in full of the parties to the dispute and their addresses;
( b ) The same information required under § 900.103(b);
( c ) Concise statement of dispute to be submitted;
( d ) Originals or certified copies of all contracts, if any, involved in the dispute, and of correspondence which has passed between the parties and of any other documents or information relied upon;
( e ) Dates before which it is desired that the hearing shall be had and the award shall become effective;
( f ) Suggested time and place for arbitration hearing.
The applicant shall send a copy of the application to each other party to the dispute.
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#### William Culver, Appellant, v. Theodore Gloo, Respondent, et al., Defendants.

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: Plaintiff was entitled to have a jury pass upon the issues of defendant’s negligence, proximate cause and plaintiff’s freedom from contributory negligence. A jury might well find that defendant, acting as his own general contractor in over-all control of the project, had been guilty of a violation of rule 23-3.9 adopted by the Board of Standards and Appeals (12 NYCRR 23.3 [i]) pursuant to section 241 of .the Labor Law and that such violation was evidence of negligence. *(Conte*v. *Large Scale Development Corp.,*10 N Y 2d 20.) It might also determine that the violation was a concurrent, proximate cause of plaintiff’s injuries. *(Bergen*v. *East 84th St. Constr. Corp.,*16 N Y 2d 644; *Joyce*v. *Rumsey Realty Corp.,*17 N Y 2d 118.) Plaintiff’s continuation on the job after being instructed to work over the unguarded excavation did not constitute assumption of risk or contributory negligence as a matter of law when his only alternative was to abandon the work. *(Kaplan*v. *48th Ave. Corp.,*267 App. Div. 272, 274.) (Appeal from judgment of Herkimer Trial Term dismissing the complaint as to Theodore Gloo.) Present — Bastow, J. P., Henry, Del Vecchio and Marsh, JJ.
#### §§ 764.236-764.250 [Reserved]
§ 983.45 Duties. The committee shall have, among others, the following duties: ( a ) To adopt bylaws and rules for the conduct of its meetings and the selection of such officers from among its membership, including a chairperson and vice-chairperson, as may be necessary, and define the duties of such officers; and adopt such other bylaws, regulations and rules as may be necessary to accomplish the purposes of the Act and the efficient administration of this part;
( b ) To employ or contract with such persons or agents as the committee deems necessary and to determine the duties and compensation of such persons or agents;
( c ) To select such subcommittees as may be necessary;
( d ) To submit to the Secretary a budget for each fiscal period, prior to the beginning of such period, including a report explaining the items appearing therein and a recommendation as to the rate of assessments for such period;
( e ) To keep minutes, books, and records which will reflect all of the acts and transactions of the committee and which shall be subject to examination by the Secretary;
( f ) To prepare periodic statements of the financial operations of the committee and to make copies of each statement available to producers and handlers for examination at the office of the committee;
( g ) To cause its financial statements to be audited by a certified public accountant at least once each fiscal year and at such times as the Secretary may request. Such audit shall include an examination of the receipt of assessments and the disbursement of all funds. The committee shall provide the Secretary with a copy of all audits and shall make copies of such audits, after the removal of any confidential individual or handler information that may be contained in them, available for examination at the offices of the committee;
( h ) To act as intermediary between the Secretary and any producer or handler with respect to the operations of this part;
( i ) To investigate and assemble data on the growing, handling, shipping and marketing conditions with respect to pistachios;
( j ) To apprise the Secretary of all committee meetings in a timely manner;
( k ) To submit to the Secretary such available information as the Secretary may request;
( l ) To investigate compliance with the provisions of this part;
( m ) To provide, through communication to producers and handlers, information regarding the activities of the committee and to respond to industry inquiries about committee activities;
( n ) To oversee the collection of assessments levied under this part;
( o ) To borrow such funds, subject to the approval of the Secretary and not to exceed the expected expenses of one fiscal year, as are necessary for administering its responsibilities and obligations under this part.
[69 FR 17850, Apr. 4, 2004. Redesignated at 74 FR 56541, Nov. 2, 2009]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3074 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3074

         To suspend temporarily the duty on Dimethyl carbonate.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

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

_______________________________________________________________________

                                 A BILL

 
         To suspend temporarily the duty on Dimethyl carbonate.

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

SECTION 1. DIMETHYL CARBONATE.

    (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:

``      9902.12.43      Dimethyl carbonate  Free         No change        No change        On or before 12/  ''.
                         (CAS No. 616-38-                                                   31/2009
                         6) (provided for
                         in subheading
                         2920.90.50)......

    (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>
```
UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

BRIAN BONNER, ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Case No.: 3:06-cv-00715-MHT 

 ) 

NORINCO a/k/a ) 

CHINA NORTH INDUSTRIES CORP. ) 

et al., ) 

 ) 

 Defendants. ) 

DEFENDANT CHINA NORTH INDUSTRIES CORPORATION’S 

MOTION FOR SUMMARY JUDGMENT

Pursuant to Fed. R. Civ. P. 56, defendant China North Industries Corporation 

(“Norinco”) moves for summary judgment as to each of Plaintiff’s claims against it on 

the grounds that there is no genuine issue of material fact and Norinco is entitled to 

judgment as a matter of law. In support of this motion, Norinco relies on the following: 

1. The pleadings in this case. 

2. The deposition of Plaintiff Brian Bonner, submitted as Exhibit A. 

3. The deposition of Owena Kay Knowles, submitted as Exhibit B. 

4. The deposition of James Tyler Knowles, submitted as Exhibit C. 

5. The deposition of Tyler Knowles, submitted as Exhibit D. 

6. The deposition of Chris Dennis, submitted as Exhibit E. 

7. The deposition of Bobbie Dennis, submitted as Exhibit F. 

8. The Report of John T. Butters, submitted as Exhibit G. 

9. A brief in support of this motion, filed contemporaneously herewith. 

Case 3:06-cv-00715-MHT-TFM Document 73 Filed 02/14/2008 Page 1 of 3
 2

As the foregoing items affirmatively and without dispute demonstrate, Norinco is 

entitled to summary judgment as a matter of law. 

Respectfully submitted, 

s/ James C. Barton, Jr. 

James C. Barton, Jr. (BAR014) 

Bar Number: ASB-0237-B51J 

Email: jbartonjr@johnstonbarton.com 

s/ Alan D. Mathis 

Alan D. Mathis (MAT052) 

Bar Number: ASB-8922-A59M 

Email: adm@johnstonbarton.com 

Attorneys for defendant 

China North Industries Corporation 

JOHNSTON BARTON PROCTOR & ROSE LLP 

Colonial Brookwood Center 

569 Brookwood Village, Suite 901 

Birmingham, Alabama 35209 

(205) 458-9400 

(205) 458-9500 (FAX) 

OF COUNSEL 

Case 3:06-cv-00715-MHT-TFM Document 73 Filed 02/14/2008 Page 2 of 3
 3

CERTIFICATE OF SERVICE

I hereby certify that I electronically filed the above and foregoing with the Clerk 

of the Court on February 14, 2008, using the CM/ECF system, which will send 

notification of such filing to the following: 

 

David J. Hodge, Esq. 

PITTMAN, DUTTON, KIRBY & HELLUMS, P.C. 

2001 Park Place North 

1100 Park Place Tower 

Birmingham, Alabama 35203 

Nick Wooten, Esq. 

WOOTEN & CARLTON, P.C. 

P.O. Drawer 290 

Lafayette, Alabama 36862 

Todd M. Higey, Esq. 

 RICHARDSONCLEMENT, P.C. 

 200 Cahaba Park Circle 

 Suite 125 

 Birmingham, Alabama 35242 

 

 

 s/ Alan D. Mathis 

 Of Counsel 

W0632599.DOC 

Case 3:06-cv-00715-MHT-TFM Document 73 Filed 02/14/2008 Page 3 of 3
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Asian and Pacific Islanderpopulation in the United States [electronic resource].**
 
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SuDoc Number:C 3.186/28:
Item Number:0142-C-19 (online)
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