alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

BUDDY GILL, §

§

Plaintiff, §

§

vs. § Case No.: 1:06-cv-718

§

SORRELLS FUNERAL HOME, INC., §

and TERRY G. SORRELLS, §

§

Defendants. §

MOTION TO DISMISS

COME NOW, the Defendants, Sorrells Funeral Home, Inc., and Terry G. Sorrells, 

through counsel, and pursuant to Rule 10 of the Federal Rules of Civil Procedure, hereby 

move this court to strike or dismiss paragraph 23 of Plaintiff's Complaint in that the Plaintiff 

seeks to improperly include a breach of contract and/or unjust enrichment count within the 

claim under the Fair Labor Standards Act.

Rule 10(b) states that each claim should be stated in a separate count for purposes of 

clarity. If Plaintiff seeks to maintain a claim for breach of contract and/or unjust enrichment, 

then that cause of action should be set out separately.

WHEREFORE, the Defendants pray that this court strike or dismiss paragraph 23 

from the Plaintiff's Complaint.

Case 1:06-cv-00718-MHT-SRW Document 7 Filed 09/05/2006 Page 1 of 2
Respectfully submitted, 

__s/ Elizabeth B. Glasgow_____

Elizabeth B. Glasgow ASB-8348-S58E

Attorney for Defendants

Farmer, Price, Hornsby & Weatherford, L.L.P. 

100 Adris Place (36303)

Post Office Drawer 2228

Dothan, Alabama 36302

Tel: 334/793-2424

Fax: 334/793-6624

Email: eglasgow@fphw-law.com

Of Counsel:

S. Mark Andrews

Attorney for Defendants

Morris, Cary, Andrews, Talmadge & Jones, LLC

P. O. Box 1649

Dothan, Alabama 36302

Tel: (334) 792-1420

Fax: (334) 673-0077

Email: MAndrews@MCATLaw.com

CERTIFICATE OF SERVICE

I hereby certify that on September 5, 2006, I electronically filed the foregoing with 

the Clerk of the Court using the CM/ECF system which will send notification of such filing 

to the following: 

William R. Davis, Esq.

Attorney for Plaintiff

Davis & Herrington, L.L.C.

Park Place Center 

8650 Minnie Brown Road, Suite 150

Montgomery, Alabama 36117

__s/ Elizabeth B. Glasgow_____

Of Counsel 

Case 1:06-cv-00718-MHT-SRW Document 7 Filed 09/05/2006 Page 2 of 2
(115 App. Div. 112)

#### MAINE PRODUCT CO. v. ALEXANDER.

Supreme Court, Appellate Division, First Department.

October 19, 1906.

Injunction—Restraining Transfer of Stock—Scope of Order.

In an action by a corporation to set aside a transfer by it of its stock, and secure a retransfer of it to plaintiff, an injunction restraining defendant from voting on or exercising any rights incident to ownership of the stock is not authorized, as all that was necessary was that the stock be retained so that it could be delivered, if the court so directed.

Appeal from Special Term, New York County.

Suit by the Maine Product Company against Alexander Alexander. From an order granting an injunction, defendant appeals. Modified.

Argued before O’BRIEN, P. and INGRAHAM, CLARKE, and HOUGHTON, JJ.

Edward A. Alexander, for appellant.

Lewis H. Freedman, for respondent.

INGRAHAM, J.

The order appealed from enjoins the defendant during the pendency of the action “from assigning, transferring, hypothecating, or in any manner disposing of or voting the 900 shares of the common stock of the plaintiff now standing in his name on the books of the plaintiff, and from making any transfer thereof on the books of the plaintiff, or otherwise, except to the plaintiff, and from exercising any rights arising from or incident to the ownership by him of the said 900 shares of the. common stock of the plaintiff.” I think the court below was justified in enjoining the defendant from transferring or disposing of the stock pending determination of the action, and to that extent the order appealed from should be affirmed. I cannot see, however, any justification for the provision which requires this defendant to abstain from voting upon, or from exercising any rights arising from or incident to the ownership by him of, the said shares of stock. The action being brought to set aside the transfer of stock, and to secure a retransfer of it to the plaintiff, the court was justified in restraining any act which would render a judgment for the plaintiff ineffectual. But to enjoin the defendant from exercising any act of ownership of the stock was not at all necessary for the protection of the plaintiff; as all that it could require was that the stock be retained in such position that it could be delivered up if the court so directed. Upon the record the defendant is the owner of the stock, the plaintiff having transferred it to him in pursuance of a contract. The plaintiff claims that the contract was void, because induced by fraud; but this fraud is specifically denied by the defendant, and certainly, until it is determined that the defendant was guilty of fraud, the plaintiff was only entitled to such relief as will prevent the defendant from doing anything with the stock that would make the judgment ineffectual.

The order appealed from should therefore be modified by striking out the provision by which the defendant is restrained from voting on or exbrcising any rights arising from or incident to the ownership of the stock, and, as so modified, affirmed, without costs. All concur.
3005.9000 Applicability (USCG).       Contracts awarded by the U.S. Coast Guard using the procedures in (HSAR) 48 CFR 3037.104–91 are expressly authorized for the Coast Guard under 10 U.S.C. 1091, and are exempt from (FAR) 48 CFR part 5.    **Parent topic:** Subpart 3005.90—Publicizing Contract Actions for Personal Services Contracting
2912.302 Tailoring of provisions and clauses

for the acquisition of commercial items.

In accordance with FAR 12.302(c), a request for waiver to tailor terms inconsistent with customary

commercial practice must be documented in a written justification by the contracting officer, and

may be approved by the HCA on an individual or class basis.

Parent topic: Subpart 2912.3 - Solicitation Provisions and Contract Clauses for the Acquisition of

Commercial Items
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12** 
**- 6644** 

TIMOTHY CLARIDY ,

P etitioner

- Appellant ,

v.

UNITED STATES OF AMERICA , Respondent

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Baltimore

. Richard D. Bennett , District Judge. ( 1:11

- cv
- 0 1620

- RDB )

Submitted : Ju ly 19 , 2012 Decided: July 26, 2012

Before DUNCAN, AGEE , and WYNN , Circuit Judges.

Affirmed by un published per curiam opinion

.

Timothy Claridy , Appellant Pro Se. Philip S. Jackson , Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Timothy Claridy appeals the district court ’ s order

d ismissing as mo ot his motion for the return of property. We

have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district

court. Claridy v. United States , No. 1:11

- cv
- 0 1620

- RDB (D. Md.

Mar. 28 , 2012)

. We further grant Claridy’s motion to file

exhibits to his informal brief. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the
decisional process.

AFFIRMED
<PAGE>
                                                                    EXHIBIT 99.2

                CERTIFICATION 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 Quarterly Report of Intervoice, Inc. (the "Company")
on Form 10-Q for the period ended August 31, 2002, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Rob-Roy J. Graham,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

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

    4.   The information contained in the Report fairly presents, in all
         material respects, the financial condition and results of operations of
         the Company.




Date: October 15, 2002
                                       /s/ Rob-Roy J. Graham
                                       -----------------------------------------
                                       Rob-Roy J. Graham
                                       Executive Vice President and Chief
                                       Financial Officer
Meeting to Discuss Mercury Emissions Data and MACT Analysis

Proposed Portland Cement NESHAP

June 10, 2009

Meeting Date: June 10, 2009

Participants: Cement Industry

Hector Ybanez, Holcim

William Mills, Mills Consulting

US EPA

Keith Barnett, SPPD

RTI

Marvin Branscome

Mike Laney

Brenda Munoz

The primary purpose of the meeting was for EPA to hear the questions from industry

regarding the type of analysis that was used to arrive at the proposed MACT floor limits. 

Industry’s goal was to be sure they understood EPA approach in developing the proposed 

MACT floor limits. EPA’s approach that was used to develop estimates of daily mercury

emissions was discussed as well as the statistical analysis for determining the proposed 

emission limit. 

It was agreed that Dr. Mills and Mr. Ybanez would summarize their understanding of the 

EPA approach based on these discussions and submit them to EPA for review and 

verification (or for further clarification if needed)..
#### §§ 1041.112-1041.129 [Reserved]
# Subpart 924.1 - Protection of Individual Privacy

**Parent topic:**PART 924 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

## 924.103 Procedures.

(b)(2) The Department of Energy rules and regulations on Privacy Act are implemented under 10 CFR part 1008.
§ 956.180 Reports. ( a ) Each handler shall furnish to the Committee, no later than May 31 each year, a preseason *Walla Walla Sweet Onion Handler Registration Form.* Such form shall include: ( 1 ) Company name, contact name, mailing and physical addresses, contact telephone numbers, and signature of handler;
( 2 ) Season covered by registration;
( 3 ) Brand names or labels to be used; and
( 4 ) Estimated number of acres of fall planted and spring planted Walla Walla Sweet Onions to be packed during the season.
( b ) Each handler shall furnish to the Committee a *Handler's Statement of Walla Walla Sweet Onion Shipments* containing the information in paragraphs (a)(1), (a)(2), and (a)(3) of this section, except that gift box and roadside stand sales shall be exempt from paragraph (a)(2) of this section: *Provided,* That for Walla Walla Sweet Onions handled prior to September 1, such report shall be furnished to the Committee by September 30, and that for Walla Walla Sweet Onions handled during the period September 1 through May 31, such report shall be furnished to the Committee no later than thirty (30) days after the end of the month in which such onions were handled: ( 1 ) The number of 50 lb. equivalents of Walla Walla Sweet Onions shipped by each handler during each week of the shipping season and the total for the season;
( 2 ) The geographical regions as defined by the Committee to which each shipment is made;
( 3 ) The name, address, and signature of each handler; and
( 4 ) The name of each producer and the number of 50 lb. equivalents of Walla Walla Sweet Onions that were handled on behalf of or acquired from that producer.
[69 FR 22382, Apr. 26, 2004, as amended at 75 FR 34347, June 17, 2010]
§ 959.35 Duties. It shall be, among other things, the duty of the committee: ( a ) As soon as practicable after the beginning of each term of office, to meet and organize, to select a chairman and such other officers as may be necessary, to select subcommittees of committee members and alternates, and to adopt such rules and regulations for the conduct of its business as it may deem advisable;
( b ) To act as intermediary between the Secretary and any producer or handler;
( c ) To furnish to the Secretary such available information as he may request;
( d ) To appoint such employees, agents, and representatives as it may deem necessary and to determine the salaries and define the duties of each such person, and to protect the handling of committee funds through fidelity bonds for employees;
( e ) To investigate from time to time and to assemble data on the growing, harvesting, shipping, and marketing conditions with respect to onions;
( f ) To prepare a marketing policy;
( g ) To recommend marketing regulations to the Secretary;
( h ) To recommend rules and procedures for, and to make determinations in connection with, issuance of certificates of privilege;
( i ) To keep minutes, books, and records which clearly reflect all of the acts and transactions of the committee, and such minutes, books and records shall be subject to examination at any time by the Secretary or by his authorized agent or representative. Minutes of each committee meeting shall be reported promptly to the Secretary;
( j ) At the beginning of each fiscal period, to prepare a budget of its expenses for such fiscal period, together with a report thereon;
( k ) To cause the books of the committee to be audited by a competent accountant at least once each fiscal period, and at such other time as the committee may deem necessary or as the Secretary may request. The report of such audit shall show the receipt and expenditure of funds collected pursuant to this part. A copy of each such report shall be made available at the principal office of the committee for inspection by producers and handlers, and a copy of each such report shall be furnished the Secretary;
( l ) To consult, cooperate, and exchange information with other marketing agreement committees and other individuals or agencies in connection with all proper committee activities and objectives under this part.
§ 110.8 List of nuclear facilities and equipment under NRC export licensing authority. ( a ) Nuclear reactors and especially designed or prepared equipment and components for nuclear reactors. (See Appendix A to this part.)
( b ) Plants for the separation of isotopes of uranium (source material or special nuclear material) including gas centrifuge plants, gaseous diffusion plants, aerodynamic enrichment plants, chemical exchange or ion exchange enrichment plants, laser based enrichment plants, plasma separation enrichment plants, electromagnetic enrichment plants, and especially designed or prepared equipment, other than analytical instruments, for the separation of isotopes of uranium. (See appendices to this part for lists of: gas centrifuge equipment—Appendix B; gaseous diffusion equipment—Appendix C; aerodynamic enrichment equipment—Appendix D; chemical exchange or ion exchange enrichment equipment—Appendix E; laser based enrichment equipment—Appendix F; plasma separation enrichment equipment—Appendix G; and electromagnetic enrichment equipment—Appendix H.)
( c ) Plants for the separation of the isotopes of lithium and especially designed or prepared assemblies and components for these plants. (See Appendix N to this part.)
( d ) Plants for the reprocessing of irradiated nuclear reactor fuel elements and especially designed or prepared assemblies and components for these plants. (See Appendix I to this part.)
( e ) Plants for the fabrication of nuclear reactor fuel elements and especially designed or prepared assemblies and components for these plants. (See Appendix O to this part.)
( f ) Plants for the conversion of uranium and plutonium and especially designed or prepared assemblies and components for these plants. (See Appendix J to this part.)
( g ) Plants for the production, separation, or purification of heavy water, deuterium, and deuterium compounds and especially designed or prepared assemblies and components for these plants. (See Appendix K to this part.)
( h ) Plants for the production of special nuclear material using accelerator-driven subcritical assembly systems capable of continuous operation above 5 MW thermal.
( i ) Other nuclear-related commodities are under the export licensing authority of the Department of Commerce.
[61 FR 35602, July 8, 1996, as amended at 65 FR 70290, Nov. 22, 2000; 86 FR 43404, Aug. 9, 2021]
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 1 of 8
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 2 of 8
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 3 of 8
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 4 of 8
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 5 of 8
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 6 of 8
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 7 of 8
Case 1:06-cv-00659-CSC Document 1 Filed 07/24/2006 Page 8 of 8
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
Angeles Income Properties, Ltd. IV 1998 Second Quarter 10-QSB and is 
qualified in its entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000763049
<NAME> ANGELES INCOME PROPERTIES, LTD. IV
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                    6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998   
<CASH>                                           3,757
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          23,552
<DEPRECIATION>                                  13,105   
<TOTAL-ASSETS>                                  15,705   
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         15,138     
<PREFERRED-MANDATORY>                                0     
<PREFERRED>                                          0  
<COMMON>                                             0
<OTHER-SE>                                         291    
<TOTAL-LIABILITY-AND-EQUITY>                    15,705    
<SALES>                                              0
<TOTAL-REVENUES>                                 2,225    
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 1,665    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 756    
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (196)     
<EPS-PRIMARY>                                   (1.46)<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        


</TABLE>
IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ROGER WRIGHT, )

)

Plaintiff, )

v. ) CASE NO. 1:06-cv-647-WKW

)

PEMCO WORLD AIR SERVICES, INC., )

)

Defendant. )

RULE 26(f) ORDER

The parties are hereby reminded of the obligation, imposed by Rule 26(f) of the Federal

Rules of Civil Procedure, to confer and to develop a proposed discovery plan. The Rule 26(f)

report containing the discovery plan shall be filed as soon as practicable but not later than

October 9, 2006.

The longstanding practice in this district is that dispositive motions shall be filed no later

than 90 days prior to the pretrial date. If the parties seek to vary from that schedule, they should

present, in the plan, specific case related reasons for the requested variance.

This case will be set for trial before the undersigned judge during one of that judge's

regularly scheduled civil trial terms. The pretrial date is normally set within four to six weeks of

a scheduled trial term. The dates of each judge's civil trial terms are available on the court's

website located at http://almd.uscourts.gov in the civil case information section.

This court may or may not hold a scheduling conference before issuing a scheduling

order. If the court holds a scheduling conference, counsel may participate in the scheduling

conference by conference call.

The scheduling order entered by the court will follow the form of the Uniform Scheduling

Case 1:06-cv-00647-WKW-SRW Document 7 Filed 09/20/2006 Page 1 of 2
Order adopted by the judges of this court. The Uniform Scheduling Order is also available on the

court's website.

The report of the parties should comply with Form 35 of the Appendix of Forms to the

Federal Rules of Civil Procedure.

DONE this 20th day of September, 2006.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

Case 1:06-cv-00647-WKW-SRW Document 7 Filed 09/20/2006 Page 2 of 2
Subpart 3042.15—Contractor Performance Information    **Parent topic:** PART 3042—CONTRACT ADMINISTRATION AND AUDIT SERVICES3042.1502 Policy.       (a) Components shall use the Contractor Performance Assessment Reporting System (CPARS) or other performance reporting system as designated by the DHS Chief Procurement Officer for evaluating contractor performance in accordance with (FAR) 48 CFR sections 42.1502 and 42.1503.          (e) Components shall use the Construction Contractor Appraisal Support System (CCASS) module of CPARS, or other performance reporting system as designated by the DHS Chief Procurement Officer for evaluating construction contractor performance in accordance with (FAR) 48 CFR sections 42.1502 and 42.1503.          (f) Components shall use the Architect-Engineer Contract Administration Support System (ACASS) module of CPARS or other performance reporting system as designated by the DHS Chief Procurement Officer for evaluating architect-engineer contractor performance in accordance with (FAR) 48 CFR sections 42.1502 and 42.1503.
# Subpart 2913.1 - Procedures

**Parent topic:**PART 2913 - SIMPLIFIED ACQUISITION PROCEDURES

## 2913.106-3 Soliciting competition, evaluation of quotations or offers, award and documentation.

In accordance with FAR 13.106-3(b), simplified acquisition files must contain documentation of the factors considered in making an award in excess of the micro-purchase threshold. When other than the lowest responsive quotation from a responsible supplier is used as the basis for a purchase, the contracting officer must identify the basis (i.e., best value) of the award and include in the purchase file documentation of the reasons for rejecting any lower quotation and the name of the individual responsible for making the determination to award to other than the lowest priced quotation. The contracting officer has broad discretion in determining the award of a purchase order, which may be based on the factors listed in FAR 13.106-3. This requirement does not necessitate a separate determination if the procurement file contains preprinted standardized classifications for award.