alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

LAZY R RANCH, L.P.; HELEN A. 

MCDANIEL, Individually, and as Trustee 

of the HELEN WILLIAMS INTER 

VIVOS TRUST, and as General Partner of 

LAZY R RANCH, L.P; and JOSEPH 

WILLIAMS, Individually, and as Trustee 

of the HELEN WILLIAMS INTER 

VIVOS TRUST,

 Appellants,

v.

EXXONMOBIL CORPORATION,

 Appellee.

§

§

§

§

§

§ 

§

§

§

No. 08-13-00281-CV

Appeal from the

109th Judicial District Court

of Winkler County, Texas

(TC# 15,727)

J U D G M E N T

The Court has considered this cause on the record and concludes there was error in the 

judgment. We therefore reverse the judgment of the court below and remand the cause for 

further proceedings, in accordance with this Court’s opinion. We further order that Appellants 

recover from Appellee all costs of this appeal, for which let execution issue. This decision shall 

be certified below for observance.

IT IS SO ORDERED THIS 14TH DAY OF JANUARY, 2015.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, J., and Ferguson, Judge

Ferguson, Judge, Sitting by Assignment
§ 760.30 Records and inspection thereof. ( a ) The affected farmer, as well as his milk handler and any other person who furnished information to such farmer or to the county committee for the purpose of enabling such farmer to receive a milk indemnity payment under this subpart, shall maintain any existing books, records, and accounts supporting any information so furnished for 3 years following the end of the year during which the application for payment was filed. The affected farmer, his milk handler, and any other person who furnishes such information to the affected farmer or to the county committee shall permit authorized representatives of the Department of Agriculture and the General Accounting Office, during regular business hours, to inspect, examine, and make copies of such books, records, and accounts.
( b ) The affected manufacturer or any other person who furnishes information to the Deputy Administrator for the purposes of enabling such manufacturer to receive an indemnity payment under this subpart shall maintain any books, records, and accounts supporting any information so furnished for 3 years following the end of the year during which the application for payment was filed. The affected manufacturer or any other person who furnishes such information to the Deputy Administrator shall permit authorized representatives of the Department of Agriculture and the General Accounting Office, during regular business hours, to inspect, examine, and make copies of such books, records, and accounts.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-6036

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LIONEL RAY HAIRSTON,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. Samuel G. Wilson, District 

Judge. (7:11-cv-80387-SGW-RSB; 7:98-cr-00097-SGW-RSB-1)

Submitted: March 15, 2012 Decided: March 20, 2012

Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Lionel Ray Hairston, Appellant Pro Se. Donald Ray Wolthuis, 

Assistant United States Attorney, Roanoke, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Lionel Ray Hairston seeks to appeal the district 

court’s order denying relief on his 28 U.S.C.A. § 2255 (West 

Supp. 2011) motion. The order is not appealable unless a 

circuit justice or judge issues a certificate of appealability. 

28 U.S.C. § 2253(c)(1)(B) (2006). 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) 

(2006). When the district court denies relief on the merits, a 

prisoner satisfies this standard by demonstrating that 

reasonable jurists would find that the district court’s 

assessment of the constitutional claims is debatable or wrong. 

Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court 

denies relief on procedural grounds, the prisoner must 

demonstrate both that the dispositive procedural ruling is 

debatable, and that the motion states a debatable claim of the 

denial of a constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that 

Hairston has not made the requisite showing. Accordingly, we 

deny Hairston’s motion for a certificate of appealability and 

dismiss the appeal. We dispense with oral argument because the 

facts and legal contentions are adequately presented in the 
3

materials before the court and argument would not aid the 

decisional process.

DISMISSED
II 

109TH CONGRESS 

2D SESSION S. 3446 

To suspend temporarily the duty on 4-Cyclohexene-1,2-dicarboxylic acid, 

compd. with 1,3,5-triazine-2,4,6-triamine (1:1). 

IN THE SENATE OF THE UNITED STATES 

JUNE 6, 2006 

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

the Committee on Finance 

A BILL 

To suspend temporarily the duty on 4-Cyclohexene-1,2- 

dicarboxylic acid, compd. with 1,3,5-triazine-2,4,6-triamine (1:1). 

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

3 SECTION 1. 4-CYCLOHEXENE-1,2-DICARBOXYLIC ACID, 

4 COMPD. WITH 1,3,5-TRIAZINE-2,4,6-TRIAMINE 

5 (1:1). 

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

7 the Harmonized Tariff Schedule of the United States is 

8 amended by inserting in numerical sequence the following 

9 new heading: 


rwilkins on PROD1PC63 with BILLS
2 

•S 3446 IS 

‘‘ 9902.29.12 4-Cyclohexene-1,2-dicarboxylic acid, 

compd. with 1,3,5-triazine-2,4,6-triamine 

(1:1) (provided for in subheading 

2933.69.60) ............................................. Free No change No change On or before 

12/31/2009 ’’. 

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

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

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

4 the date of the enactment of this Act. 

Æ 


rwilkins on PROD1PC63 with BILLS
§ 985.41 Assessments. ( a ) *Requirements for payment.* Each person who first handles salable oil shall pay to the Committee, upon demand, that handler's pro rata share of the expenses authorized by the Secretary for each marketing year. Each handler's pro rata share shall be the rate of assessment fixed by the Secretary times the quantity of oil which the handler handles as the first handler thereof. The payment of assessments for the maintenance and functioning of the Committee and for such purposes as the Secretary may, pursuant to this subpart, determine to be appropriate, may be required under this part throughout the period it is in effect, irrespective of whether particular provisions thereof are suspended or become inoperative.
( b ) *Rate of assessment.* The Secretary shall fix the rate of assessment to be paid by each handler. At any time during or after the marketing year, the Secretary may increase the rate of assessment as necessary to cover authorized expenses. Such increase shall be applied to all oil handled during the applicable marketing year. In order to provide funds for the administration of this part before sufficient operating income is available from assessments, the Committee may accept advance assessments and may also borrow money for such purpose. Advance assessments received from a handler shall be credited toward assessments levied against the handler during the marketing year.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3375 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3375

    To reduce temporarily the duty on formulations of Azoxystrobin.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2006

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

_______________________________________________________________________

                                 A BILL

 
    To reduce temporarily the duty on formulations of Azoxystrobin.

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

SECTION 1. FORMULATIONS OF AZOXYSTROBIN.

    (a) Calendar Year 2007.--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:

``      9902.12.51       Mixtures of        6.14%        No change        No change        On or before 12/  ''.
                         benzeneacetic                                                      31/2007
                         acid, (a E)- 2-
                         [[6-(2-
                         cyanophenoxy)-4-
                         pyrimidinyl]oxy]-
                         a-
                         (methoxymethylene
                         )-, methyl ester
                         (Azoxystrobin)
                         (CAS No. 131860-
                         33-8) and
                         application
                         adjuvants
                         (provided for in
                         subheading
                         3808.20.15)......

    (b) Calendar Year 2008.--
            (1) In general.--Heading 9902.12.51, as added by subsection 
        (a), is amended--
                    (A) by striking ``6.14%'' and inserting ``6.15%''; 
                and
                    (B) by striking ``On or before 12/31/2007'' and 
                inserting ``On or before 12/31/2008''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on January 1, 2008.
    (c) Calendar Year 2009.--
            (1) In general.--Heading 9902.12.51, as added by subsection 
        (a) and amended by subsection (b), is further amended--
                    (A) by striking ``6.15%'' and inserting ``6.17%''; 
                and
                    (B) by striking ``On or before 12/31/2008'' and 
                inserting ``On or before 12/31/2009''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on January 1, 2009.
                                 <all>
```
**Exhibit 32.2**

**CERTIFICATIONPURSUANT TO****18 U.S.C. SECTION 1350****AS ADDED BY****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report on Form 10-QSB of First Community Financial Corporation, (the “Company”) for the period ended June 30, 2003, as filed with the Securities and Exchange Commission (the“Report”), I, Richard R. Leitzel, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.          The Report fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

2.          To my knowledge, theinformation contained in the Report fairly presents, in all material respects, the financial condition and results of the operations of the Company as of and for the period covered by the Report.

 

 

|                  |   |      |
|-----------------------|--------|-----------|
| Date: August 13, 2003 |   | By:  | /s/ RICHARD R. LEITZEL |
|                  |   |      |  |
|                  |   |      | **Richard R. Leitzel, Chief Financial Officer** |
52.243-5 Changes and Changed Conditions.

As prescribed in 43.205(e), insert the following clause:

Changes and Changed Conditions (Apr 1984)

(a) The Contracting Officer may, in writing, order changes in the drawings and specifications within

the general scope of the contract.

(b) The Contractor shall promptly notify the Contracting Officer, in writing, of subsurface or latent

physical conditions differing materially from those indicated in this contract or unknown unusual

physical conditions at the site before proceeding with the work.

(c) If changes under paragraph (a) or conditions under paragraph (b) increase or decrease the cost

of, or time required for performing the work, the Contracting Officer shall make an equitable

adjustment (see paragraph (d)) upon submittal of a "proposal for adjustment" (hereafter referred to

as proposal) by the Contractor before final payment under the contract.

(d) The Contracting Officer shall not make an equitable adjustment under paragraph (b) unless-

(1) The Contractor has submitted and the Contracting Officer has received the required written

notice; or

(2) The Contracting Officer waives the requirement for the written notice.

(e) Failure to agree to any adjustment shall be a dispute under the Disputes clause.

(End of clause)

Parent topic: 52.243 [Reserved]
Material Characterization of Carbon Nanotubes 

for Molecular Identity (MI) Determination & Nomenclature 

U.S. Environmental Protection Agency 

June 2010 

Docket Identification Number 

 EPA-HQ-OPPT-2009-0686
Material Characterization of Carbon Nanotubes 

for Molecular Identity (MI) Determination & Nomenclature 

Structural features that may be important 

Primary MI features: 

1. Molecular Weight 

2. wall/tube number 

• e.g., single-, double-, multi-walled (average, range) 

• for multi-walled: concentric cylinders (“Russian Doll” ) or scroll (rolled up 

“Parchment”) 

3. wall/tube ends 

• e.g., open, individually capped, ends connected together in a circular or loop 

shape 

4. tube length (average, range) 

5. wall/tube width/diameter 

• outer wall/tube and inner cavity (average, range) 

6. ring size/connectivity 

• 6-membered (typically), but also provide % (?) 5 and/or 7 and/or 7+ 

7. hexagonal array orientation 

• armchair, zig-zag, chiral (determined by chiral angle/vector measurement) 

8. alignment of long axis 

• e.g., straight, bent, buckled, branched, helical, circular, spaghetti-like 

• cause if other than straight (e.g., stress or structural) 

Secondary MI features: 

1. deformities 

• e.g., bumps, gaps 

2. ring hybridization 

• graphene (typically) 

 graphyne (theoretically; e.g., bow-tie, linear, star) 

3. agglomeration, aggregation 

Other relevant information: 

1. manufacture 

• method (e.g., CA, CVD, PLV, HiPCO) 

• catalyst (chemical identity, quantity used and incorporated, particle size) 

2. purity 

• impurity type, amount, and source 

3. complexation, surface treatment, encapsulation (entrainment) 

• non-covalent 

• e.g., coated, modified, other 

4. doping 

5. uses
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

THOMAS WEAVER, 

Plaintiff,

vs. CASE NO. 4:03cv364-SPM/AK

RONALD SARGENT, et al., 

Defendants.

____________________________/

ORDER

THIS CAUSE comes for consideration upon the magistrate judge’s report

and recommendation dated June 17, 2005 (doc. 13). Plaintiff has been furnished

a copy and has been afforded an opportunity to file objections pursuant to Title

28, United States Code, Section 636(b)(1). No objections have been filed. 

Having considered the report and recommendation, I have determined that the

report and recommendation should be adopted.

Accordingly, it is hereby ORDERED as follows:

1. The magistrate judge’s report and recommendation (doc. 13) is

ADOPTED and incorporated by reference in this order.

2. This case is dismissed without prejudice for failure to prosecute. 

DONE AND ORDERED this 1st day of September, 2005.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

Case 4:03-cv-00364-SPM-AK Document 14 Filed 09/01/05 Page 1 of 1
#### § 900.350 General statement.

Cooperative marketing associations apply for qualification by the Secretary under the Federal milk order program for certain privileges and exemptions. These privileges and exemptions are expressed in the Agricultural Marketing Agreement Act of 1937 (50 Stat. 246) as amended, and the milk marketing orders issued pursuant to its provisions.
1430.202-2 Impracticality of submission.       The CO shall prepare any request to award a contract without the required contractor submission of the Form No. CASB-DS-1, Disclosure Statement, and submit it through the HCA, to the Director, PAM, and to the Secretary for approval. The Secretary, without the power of redelegation, must file a report to CASB within 30 days in accordance with 48 CFR 9903.202-2 (FAR Appendix).    **Parent topic:** Subpart 1430.2 - CAS Program Requirements
Case 1:06-cv-00703-MHT-CSC Document 26 Filed 12/07/2006 Page 1 of 2
Case 1:06-cv-00703-MHT-CSC Document 26 Filed 12/07/2006 Page 2 of 2
Case 1:06-cv-00703-MHT-CSC Document 26-2 Filed 12/07/2006 Page 1 of 1
Exhibit 32.1  CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 In connection with the Annual Report of Synthesis Energy Systems, Inc. (the Company) on Form 10-KSB for the period ended June 30, 2007 (the Report), as filed with the Securities and Exchange Commission on the date hereof, I, Timothy E. Vail, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that to my knowledge: 1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; 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/ Timothy E. VailTimothy E. Vail
President and Chief Executive Officer  September 20, 2007
Subpart 1405.2 - Synopses of Proposed

Contract Actions

Parent topic: PART 1405 - PUBLICIZING CONTRACT ACTIONS

1405.202 Exceptions.

The AS/PMB is authorized to approve the written determination documenting the reasons why a

synopsis is not appropriate or reasonable. The CO shall prepare the determination, submit it to the

HCA and then to the Director, PAM, for AS/PMB approval.

1405.207 Preparation and transmittal of synopses.

In addition to the synopsis information generally required under FAR 5.207, as a best business

practice, it is recommended each synopsis of a proposed contract action under other than full and

open competition include the location where the offeror may obtain:

(a) A description of specific qualifications the Government requires of the product or service to meet

the Government's minimum needs; and

(b) The factors the Government will use to evaluate the product or service information prospective

contractors provide under the proposed contract action.
#### § 959.115 Planting reports.

Each handler shall furnish every two weeks during the planting season to the committee, on a form provided by the committee, the number of acres of onions planted by the handler or growers for whom the handler packs onions during such period and the location of such plantings.

[53 FR 7330, Mar. 8, 1988]
#### § 917.110 Communications.

Unless otherwise prescribed in this subpart, or in the marketing agreement and order, or required by the Control Committee, or a particular commodity committee, all reports, applications, submittals, requests, and communications in connection with the marketing agreement and order shall be addressed as follows:

California Tree Fruit Agreement, P.O. Box 968, Reedley, CA, 93654-0968.

[63 FR 16041, Apr. 1, 1998, as amended at 71 FR 78041, Dec. 28, 2006]

###### Effective Date Note

#### Effective Date Note:

At 76 FR 66605, Oct. 27, 2011, § 917.110 was suspended indefinitely, effective Oct. 28, 2011.
§ 987.24 Nomination and selection. ( a ) Nomination for members and alternate members of the Committee shall be made not later than June 15 of every third year.
( b ) Opportunity shall be provided producers and handlers to nominate individuals to serve on the Committee by establishing a day for polling and also for casting absentee ballots. Persons will only be able to vote in nominations for the group in which they would be qualified to serve on the Committee, and shall nominate the applicable number of individuals for the positions prescribed pursuant to § 987.21. Each producer, regardless of the number and locations of his date gardens, voting in the nominations for producer members and producer alternate members, shall be entitled to one vote for each member and alternate member position to be filled. The individual receiving the highest number of votes for a position shall be the nominee. Each person voting in the nominations for producer-handler members and producer-handler alternate members, shall be given the opportunity to vote for one member and one alternate member position. His ballot shall be weighted by the pounds of dates he had certified as marketable dates, from the beginning of the then current crop year through April which he produced in his own gardens or acquired from other producers. The individual receiving the highest weighted vote for a producer-handler position shall be the nominee. The Committee, with the approval of the Secretary, may issue rules and regulations on the manner in which nominees for a position may be obtained, polling, balloting, absentee ballots, and the weighting of votes for producer-handler positions when the Committee is restructured during a term of office.
[43 FR 4251, Feb. 1, 1978, as amended at 77 FR 37765, June 25, 2012]
1406.502 Duties and responsibilities.       PAM is responsible for preparing and submitting the annual report required by FAR 6.502(b)(2). Bureau Competition Advocates shall furnish certain information, as may be required, to assist PAM in preparing the report.    **Parent topic:** Subpart 1406.5 - Competition Advocates
§ 956.22 Nominations. Nominations from which the Secretary may select the members of the committee and their respective alternates may be made in the following manner: ( a ) The committee shall hold or cause to be held, within the production area and prior to April 1 of each year or by such other date as may be specified by the Secretary, one or more meetings of producers and handlers for the purpose of designating one nominee for each of the member and alternate member positions which are vacant or will be vacant at the end of the fiscal period;
( b ) In arranging for such meetings the committee may, if it deems such desirable, cooperate with existing organizations and agencies;
( c ) Nominations for committee members and alternate members shall be provided to the Secretary, in such manner and form as the Secretary may prescribe, not later than 30 days prior to the end of the fiscal period within which the current term of office expires;
( d ) Only producers may participate in designating nominees for producer committee members and their alternates and only handlers may participate in designating nominees for handler committee members and their alternates;
( e ) Each person who is both a handler and a producer may vote either as a handler or as a producer, but not both;
( f ) Each person is entitled to cast only one vote on behalf of him or herself, his or her partners, agents, subsidiaries, affiliates and representatives, in designating nominees for committee members and alternates. An eligible producer's or handler's privilege of casting only one vote, as aforesaid, shall be construed to permit such voter to cast one vote for each producer member and alternate member position to be filled or each handler member and alternate member position to be filled, but not both.
( g ) Every three years, at the first meeting following selection, the committee shall nominate the public member and alternate for a three-year term of office.
( h ) The committee shall prescribe such additional qualifications, administrative rules and procedures for selection and voting for each candidate as it deems necessary and as the Secretary approves.