alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 26, 2016

a0718

Order 

Clerk

July 26, 2016

148841

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 148841

COA: 319352

Emmet CC: 12-003758-FH

WALTER JEROME DEMARAY,

Defendant-Appellant.

____________________________________/

By order of February 3, 2015, the application for leave to appeal the January 16, 

2014 order of the Court of Appeals was held in abeyance pending the decision in People 

v Lockridge (Docket No. 149073). On order of the Court, the case having been decided 

on July 29, 2015, 498 Mich 358 (2015), the application is again considered. Pursuant to 

MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the 

Emmet Circuit Court to determine whether the court would have imposed a materially 

different sentence under the sentencing procedure described in Lockridge. On remand, 

the trial court shall follow the procedure described in Part VI of our opinion. If the trial 

court determines that it would have imposed the same sentence absent the 

unconstitutional constraint on its discretion, it may reaffirm the original sentence. If, 

however, the trial court determines that it would not have imposed the same sentence 

absent the unconstitutional constraint on its discretion, it shall resentence the defendant. 

On remand, the Emmet Circuit Court shall also consider the defendant’s issue regarding 

the assessment of a payment to the “Victims Restitution Fund.” In all other respects, 

leave to appeal is DENIED, because we are not persuaded that the remaining questions 

presented should be reviewed by this Court.

We do not retain jurisdiction.
§ 1013.16 Disqualification of reviewing official or ALJ. ( a ) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time.
( b ) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification.
( c ) Such motion and affidavit shall be filed promptly upon the party's discovery of reasons requiring disqualification, or such objections shall be deemed waived.
( d ) Such affidavit shall state specific facts that support the party's belief that personal basis or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It shall be accompanied by a certificate of the representative of record that it is made in good faith.
( e ) Upon the filing of such a motion and affidavit, the ALJ shall proceed no further in the case until he or she resolves the matter of disqualification in accordance with paragraph (f) of this section.
( f ) ( 1 ) If the ALJ determines that a reviewing official is disqualified, the ALJ shall dismiss the complaint without prejudice.
( 2 ) If the ALJ disqualifies himself or herself, the case shall be reassigned promptly to another ALJ.
( 3 ) If the ALJ denies a motion to disqualify, the authority head may determine the matter only as part of his or her review or the initial decision upon appeal, if any.
SUBCHAPTER C—CONTRACT METHODS

AND CONTRACT TYPES

PART 3013 [RESERVED]

PART 3014—SEALED BIDDING [RESERVED]

PART 3015—CONTRACTING BY NEGOTIATION

PART 3016—TYPES OF CONTRACTS

PART 3017—SPECIAL CONTRACTING METHODS

PART 3018—EMERGENCY ACQUISITIONS

PART 3013 [RESERVED]

PART 3014—SEALED BIDDING [RESERVED]

PART 3015—CONTRACTING BY NEGOTIATION

Subpart 3015.2—Solicitation and Receipt of Proposals and Information

3015.204-3 Contract clauses.

3015.207-70 Handling proposals and information.

Subpart 3015.6—Unsolicited Proposals

3015.602 Policy.

3015.603 [Reserved]

3015.604 Agency points of contact.

3015.606 Agency procedures.

3015.606-1 Receipt and initial review.

3015.606-2 Evaluation.

PART 3016—TYPES OF CONTRACTS

Subpart 3016.1—Selecting Contract Types

3016.170 Contracts with Lead System Integrators.

Subpart 3016.2—Fixed-Price Contracts

3016.203 Fixed price contracts with economic price adjustments.

3016.203-4 Contract clauses.

3016.203-470 Solicitation provision.

Subpart 3016.4—Incentive Contracts

3016.406 Contract clauses.

Subpart 3016.5—Indefinite-Delivery Contracts

3016.505 Ordering.

Subpart 3016.6—Time-and-Materials, Labor-Hour, and Letter Contracts

3016.603 Letter contracts.

3016.603-4 Contract clauses.

PART 3017—SPECIAL CONTRACTING METHODS

Subpart 3017.2—Options

3017.202 Use of options.

3017.204 Contracts.

3017.204-90 Detention Facilities and Services (ICE).

Subpart 3017.4—Leader Company Contracting

3017.402 Limitations.

Subpart 3017.90—Fixed Price Contracts for Vessel Repair, Alteration or Conversion

3017.9000 Clauses (USCG).

PART 3018—EMERGENCY ACQUISITIONS

Subpart 3018.1—Available Acquisition Flexibilities
3018.109 Priorities and allocations.
#### § 986.82 Books and other records.

Each handler shall maintain such records of pecans received, held and disposed of by them as may be prescribed by the Council for the purpose of performing its duties under this part. Such books and records shall be retained and be available for examination by authorized representatives of the Council and the Secretary for the current fiscal year and the preceding three (3) fiscal years.
Subpart 3035.000—Scope of Part    **Parent topic:** PART 3035—RESEARCH AND DEVELOPMENT CONTRACTING3035.003 Policy.       (b) Cost sharing shall be determined on a case by case basis. Components may establish procedures for cost sharing.          (c) Recoupment shall be determined on a case-by-case basis. Recoupment not otherwise required by law should be structured to address factors such as recovering the Department's fair share of its investment in nonrecurring costs related to the items acquired. Advice of legal counsel shall be obtained prior to establishing cost sharing policies and recoupment mechanisms under (FAR) 48 CFR 35.003(b) and (c).3035.008 Evaluation for award.       *See* (HSAR) 48 CFR 3009.570 for limitations on the award of contracts to contractors acting as lead system integrators.3035.017 Federally Funded Research and Development Centers.       (a) In accordance with section 309(b) of the Homeland Security Act, 6 U.S.C. 189(b), DHS may be a joint sponsor under a multiple agency sponsorship arrangement with the Department of Energy (DOE) of one or more DOE national laboratories or sites. DOE shall be the primary sponsor under any multiple agency sponsorship arrangement with DOE laboratories or sites. Work performed by a DOE national laboratory or site under a joint sponsorship arrangement with DHS Components shall comply with policy on the use of Federally Funded Research and Development Centers (FFRDCs) in (FAR) 48 CFR 35.017.
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

Because of a scheduling conflict, it is ORDERED that

the uniform scheduling order is amended to reflect that

the pretrial will be on August 8, 2007, with all

deadlines tied to the pretrial date adjusted accordingly.

DONE, this the 21st day of February, 2007.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 3:06-cv-00710-MHT-TFM Document 9 Filed 02/21/2007 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's Consolidated Balance Sheet dated December 31, 1995 and its
Consolidated Statement of Operations covering the period from October 1,
1995 to December 31, 1995 andis qualified in its entirety by reference
to such financial statement and notes thereof.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-END>                               DEC-31-1995
<CASH>                                          102992
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    9024287
<CURRENT-ASSETS>                                     0
<PP&E>                                         3332748
<DEPRECIATION>                                 2155231
<TOTAL-ASSETS>                                11451479
<CURRENT-LIABILITIES>                                0
<BONDS>                                        1907715
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          5918
<OTHER-SE>                                     8779618
<TOTAL-LIABILITY-AND-EQUITY>                  11451479
<SALES>                                         635622
<TOTAL-REVENUES>                                635622
<CGS>                                           170911
<TOTAL-COSTS>                                   170911
<OTHER-EXPENSES>                                417352
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               58833
<INCOME-PRETAX>                                  41213
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                              41113
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     41113
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
        



</TABLE>
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

DELOISE PRICE, | 

 | 

 PLAINTIFF | 

 | 

VS. | CASE NO. 2:06-CV-721 

 | 

WAL-MART STORES, INC., | 

et al., | 

 | 

 DEFENDANTS | 

DEFENDANTS’ MOTION TO 

JOIN IN PLAINTIFF’S MOTION TO CONTINUE

 Come now the Defendants and move to join in Plaintiff’s motion to continue 

the trial of this matter. The undersigned counsel has no objection to the 

continuance on the grounds stated in said motion. Additionally, the undersigned 

counsel would request that the trial be reset after March 18, 2008. 

 /s/ Dennis R. Bailey

 Dennis R. Bailey 

 Attorney for Defendant 

Of counsel: 

RUSHTON, STAKELY, JOHNSTON & GARRETT, P.A. 

184 Commerce Street 

Post Office Box 270 

Montgomery, Alabama 36101-0270 

(334) 206-3234 (phone) 

(334) 481-0031 (fax) 

drb@rsjg.com (e-mail) 

Case 2:06-cv-00721-MHT-TFM Document 43 Filed 11/14/2007 Page 1 of 2
2

CERTIFICATE OF SERVICE

 I hereby certify that I have served a copy of the foregoing document upon 

the following counsel of record by placing a copy of same in the United States 

Mail, first class postage prepaid, on this the 14th day of November, 2007. 

 Jock M. Smith 

 Brian P. Strength 

 Valerie Rucker Russell 

 Cochran, Cherry, Givens, Smith, Lane & Taylor 

 Post Office Box 830419 

 Tuskegee, Alabama 36083 

 /s/ Dennis R. Bailey

 Of counsel 

Case 2:06-cv-00721-MHT-TFM Document 43 Filed 11/14/2007 Page 2 of 2
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

OWEN J. ROGAL, D.D.S., )

P.C., )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 3:06cv711-MHT

) 

SKILSTAF, INC., )

)

Defendant. )

ORDER

It is ORDERED that the motion to conduct settlement

negotiations over the telephone (Doc. No. 55) is granted.

DONE, this the 4th day of June, 2007.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 3:06-cv-00711-MHT-WC Document 56 Filed 06/04/2007 Page 1 of 1
§ 1008.21 Collection of information by DOE about an individual for a system of records. ( a ) The DOE will collect information, to the greatest extent practicable, directly from the subject individual when the use of the information may result in adverse determinations about an individual's rights, benefits and privileges under Federal programs, unless an exemption from the Act to this requirement has been claimed by DOE as provided in § 1008.12
( b ) Unless an exemption from the Act has been claimed by DOE under subsection (j)(2), as provided in § 1008.12, DOE shall inform each individual whom it asks to supply information, on the form or other means by which it uses to collect the information, or on a separate form that can be retained by the individual, of the following: ( 1 ) The authority (whether granted by statute or by Executive Order of the President) that authorizes the solicitation of the information and whether the provision of such information is mandatory or voluntary;
( 2 ) The principal purpose or purposes for which the information is intended to be used;
( 3 ) The routine uses that may be made of the information, as published in the Federal Register pursuant to the requirements of the Act; and
( 4 ) The effect on the individual, if any, of not providing all or any part of the requested information.
#### § 993.9 Processed prunes.

*Processed prunes* means prunes which have been cleaned, or treated with water or steam, by a handler.
609.503 Waiver.       The Procurement Executive is the agency head's designee for the purposes of FAR 9.503.    **Parent topic:** Subpart 609.5—Organizational and Consultant Conflicts of Interests
#### In the Matter of Tiffany D., a Person Alleged to be a Juvenile Delinquent, Appellant.

[814 NYS2d 719]

In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (O’Donoghue, J.), dated May 20, 2005, which, upon a fact-finding order of the same court dated October 6, 2004, made after a hearing, finding that the appellant committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the third degree, adjudged her to be a juvenile delinquent and placed her on probation for a period of two years. The appeal brings up for review the fact-finding order dated October 6, 2004.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Viewing the evidence in the light most favorable to the pre*694sentment agency *(see Matter of David H.,*69 NY2d 792 [1987]; *Matter of Dan H.,*26 AD3d 438 [2006]; *cf. People v Contes,*60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt that the appellant committed an act which, if committed by an adult, would have constituted the crime of attempted assault in the third degree *(see*Penal Law §§ 20.00, 110.00, 120.00 [1]). The appellant’s accomplice punched the complainant in the face “eight or nine times,” and the appellant kicked the complainant in the face during the incident. Under these circumstances, the evidence sufficiently established the appellant’s intent to cause physical injury *(see*Penal Law §§ 20.00, 120.00 [1]; *Matter of Eric C.,*281 AD2d 543 [2001]), as well as her attempt to commit the crime of assault in the third degree *(see*Penal Law §§ 110.00, 120.00 [1]; *People v Bracey,*41 NY2d 296, 299-300 [1977]). Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily to be determined by the trier of fact, which saw and heard the witnesses. Its determination should not be disturbed unless clearly unsupported by the record *(see Matter of Jabari W.,*18 AD3d 767 [2005]). Upon the exercise of our factual review power, we are satisfied that the findings of fact are not against the weight of the evidence *(cf.*CPL 470.15 [5]). Schmidt, J.P., Crane, Spolzino and Covello, JJ., concur.
Case 3:06-cr-00208-MEF-CSC Document 69 Filed 06/29/2007 Page 1 of 5
Case 3:06-cr-00208-MEF-CSC Document 69 Filed 06/29/2007 Page 2 of 5
Case 3:06-cr-00208-MEF-CSC Document 69 Filed 06/29/2007 Page 3 of 5
Case 3:06-cr-00208-MEF-CSC Document 69 Filed 06/29/2007 Page 4 of 5
Case 3:06-cr-00208-MEF-CSC Document 69 Filed 06/29/2007 Page 5 of 5
###### Editorial Note on [Subchapter A of Chapter VIII](/current/title-7/chapter-VIII/subchapter-A)

#### Authority:

[7 U.S.C. 71-87K](https://www.govinfo.gov/link/uscode/7/71), [1621-1627](https://www.govinfo.gov/link/uscode/7/1621).

###### Editorial Note on [Subchapter A of Chapter VIII](/current/title-7/chapter-VIII/subchapter-A)

#### Editorial Note:

Nomenclature changes to subchapter A appear at [84 FR 45645](https://www.federalregister.gov/citation/84-FR-45645), Aug. 30, 2019.

#### § 868.206 Milling yield determination.

Milling yield shall be determined by the use of an approved device in accordance with procedures prescribed in FGIS instructions. For the purpose of this paragraph, “approved device” shall include the McGill Miller No. 3 and any other equipment that is approved by the Administrator as giving equivalent results.

Note:

Milling yield shall not be determined when the moisture content of the rough rice exceeds 18.0 percent.

[[42 FR 40869](https://www.federalregister.gov/citation/42-FR-40869), Aug. 12, 1977; [42 FR 64356](https://www.federalregister.gov/citation/42-FR-64356), Dec. 23, 1977, as amended at [47 FR 34516](https://www.federalregister.gov/citation/47-FR-34516), Aug. 10, 1982; Redesignated and amended at [54 FR 21403](https://www.federalregister.gov/citation/54-FR-21403), May 18, 1989, and further redesignated at [60 FR 16364](https://www.federalregister.gov/citation/60-FR-16364), Mar. 30, 1995]
Exhibit
32.2




CERTIFICATION




In
connection with the Annual Report of the Registrant on Form 10-K for the period
ended December 31, 2008, as filed with the Securities and Exchange Commission on
the date hereof (the “Report”), the undersigned certify pursuant to § 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 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
      Registrant.






/s/
      Gysle R. Shellum
              
              March
      31, 2009Gysle
      R. ShellumChief
      Financial Officer
                Petroleum
      Development Corporation
                Managing
      General Partner




A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided by the Registrant and will be retained by the
Registrant and furnished to the Securities and Exchange Commission or its staff
upon request.
908.7121 Special materials.

This section covers the purchase of materials peculiar to the DOE program. While purchases of these

materials may be unclassified, the specific quantities, destination or use may be classified (see

appropriate sections of the Classification Guide). Contracting officers shall require authorized

contractors to obtain the special materials identified in the following subsections in accordance with

the following procedures:

(a) Heavy water. The Senior Program Official or designee controls the acquisition and production of

heavy water for a given program. Request for orders shall be placed directly with the cognizant

Senior Program Official or designee.

(b) Precious metals.

(1) NNSA, Y-12 National Security Complex in Oak Ridge, TN is responsible for maintaining the DOE

supply of precious metals. These metals are platinum, palladium, iridium, osmium, rhodium,

ruthenium, gold and silver. The NNSA Y-12 National Security Complex has assigned management of

these precious metals to its Management and Operating (M&O) contractor. DOE and NNSA offices

and authorized contractors shall coordinate with the Y-12 M&O contractor regarding the availability

of these metals prior to purchasing in the open market.

(2) For contractor inventory containing precious metals or possessing precious metals excess, see

945.604-1 for contractor identification and reporting.

(c) Lithium. Lithium is available from Y-12 at no cost other than normal packing, handling, and

shipping charges from Oak Ridge. The excess quantities at Y-12 are the first source of supply prior

to procurement of lithium compounds from any other source.

Parent topic: Subpart 908.71 - Acquisition of Special Items
Case 2:06-cv-00721-MHT-TFM Document 10 Filed 09/29/2006 Page 1 of 2
Case 2:06-cv-00721-MHT-TFM Document 10 Filed 09/29/2006 Page 2 of 2
#### § 948.89 Derogation.

Nothing contained in this subpart is, or shall be construed to be, in derogation or in modification of the rights of the Secretary or of the United States to exercise any powers granted by the Act or otherwise, or in accordance with such powers, to act in the premises whenever such action is deemed advisable.
[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.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)
**Title:****CompleteBouguer and isostatic residual gravity maps of the Anadarko Basin, WichitaMountains, and surrounding areas, Oklahoma, Kansas, Texas, and Colorado**** 
SuDocNumber:I19.3:1866-G
ItemNumber: 0620
CGPsystem Number:000370764
 
Report
Plate1
Plate2**