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

April, 1970

(April 2, 1970)

#### Hercules Packing Corporation, Respondent-Appellant, v. Norman Steinbruckner et al., Appellants-Respondents.

Judgment unanimously modified on the law and facts in accordance with the memorandum herein, and as so modified affirmed, without costs. Memorandum: This is an appeal by defendants from a judgment awarding plaintiff $12,862.69. Plaintiff cross-appeals from so much of the judgment as limited the award of damages. Upon a prior appeal we remitted this ease to Erie County Trial Term solely to take proof and determine the amount of damages which plaintiff sustained as a result of defendants competing with plaintiff during the time of their employment by the latter, without costs. (28 A D 2d 635.) Consequently the Trial Judge erred in awarding damages resulting from a reduction in a bid in January, 1965 when defendants’ employment had terminated in May, 1964, erred in including in damages the return of wages earned and paid to defendants by plaintiff and erred in awarding costs to plaintiff. With regard to the damages sustained by reason of defendants’ misconduct during their employment, the proof established that plaintiff lost a contract in 1964 with a prior customer, Clark Bros., upon which plaintiff had bid $6,435.66 but which was awarded to a lower bidder with which defendants were working. On account of this loss the trial court awarded plaintiff 47% of the bid price as lost profit. Upon the record before us this figure is speculative and is contrary to the weight of evidence. The proof clearly established by the testimony of plaintiff’s treasurer that the damage sustained from the loss of the Clark Bros, contract was the difference between the price bid and $4,580, the actual cost of production, or $1,855.66. Accordingly, the judgment should be modified to $1,855.66, with interest from May 1, 1964, without costs. (Appeals from judgment of Erie Trial Term in action for damages for unfair competition.) Present—Del Veechio, J. P., Marsh, Witmer, Moule and Henry, JJ.
II 

109TH CONGRESS 

2D SESSION S. 3367 

To suspend temporarily the duty on formulations of pinoxaden/cloquintocet. 

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 suspend temporarily the duty on formulations of 

pinoxaden/cloquintocet. 

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

3 SECTION 1. FORMULATIONS OF PINOXADEN/ 

4 CLOQUINTOCET. 

5 (a) CALENDAR YEAR 2007.—Subchapter II of chap6 ter 99 of the Harmonized Tariff Schedule of the United 

7 States is amended by inserting in numerical sequence the 

8 following new heading: 


cchase on PROD1PC60 with BILLS
2 

•S 3367 IS 

‘‘ 9902.12.52 Mixtures of 8(2,6-diethyl-ptolyl)–1,2,4,5-tetrahydro-7- 

oxo-7H-pyrazolo[[1,2- 

d][1,4,5] oxadiazepin-9-yl 

2,2-dimethylpropionate 

(Pinoxaden) (CAS No. 

243973–20–8), acetic acid, 

[5-chloro-8-quinolinyl]oxy]-, 

1-methylhexyl ester 

(Cloquintocet) (CAS No. 

99607–70–2) and application adjuvants (provided for 

in subheading 3808.30.15) .. Free No change No change On or before 

12/31/2007 ’’. 

1 (b) CALENDAR YEARS 2008 AND 2009.— 

2 (1) IN GENERAL.—Heading 9902.12.52, as 

3 added by subsection (a), is amended— 

4 (A) by striking ‘‘Free’’ and inserting 

5 ‘‘1.74%’’; and 

6 (B) by striking ‘‘On or before 12/31/2007’’ 

7 and inserting ‘‘On or before 12/31/2009’’. 

8 (2) EFFECTIVE DATE.—The amendments made 

9 by paragraph (1) shall take effect on January 1, 

10 2008. 

Æ 


cchase on PROD1PC60 with BILLS
MISCELLANEOUS DISMISSALS

2007-0810.

#### State ex rel. Gebhart v. Indus. Comm.

Franklin App. No. 06AP-362, 2007-Ohio-1496. This cause is pending before the court as an appeal from the Court of Appeals for Franklin County. Upon consideration of appellant’s application for dismissal,

It is ordered by the court that the application for dismissal is granted. Accordingly, this cause is dismissed.
# Subpart 3018.1—Available Acquisition Flexibilities

**Parent topic:**PART 3018—EMERGENCY ACQUISITIONS

## 3018.109 Priorities and allocations.

DHS Components may assign priority ratings on contracts and orders as authorized by the Defense Priorities and Allocation System (DPAS).
§ 1040.83 Definitions. ( a ) *Act* means the Age Discrimination Act of 1975 as amended title III of Pub. L. 94-135, 42 U.S.C. 6101 *et seq.*
( b ) *Action* means any act, activity, policy, rule, standard or method of administration; or the use of any policy, rule, standard, or method of administration.
( c ) *Age* means how old a person is or the number of years from the date of a person's birth.
( d ) *Age distinction* means any action using age or an age-related term (for example, “18 or over”).
( e ) *Age-related term* means a word or words which necessarily imply a particular age or range of ages (for example, “children”, “adult”, “older persons”, but not “student”).
( f ) *Days* mean calendar days.
( g ) *Discrimination* means unlawful treatment based on age.
( h ) *FERC* means the Federal Energy Regulatory Commission.
( i ) *Field Civil Rights Officer* means the official in each DOE field office with responsibility for administering DOE's Civil Rights Program related to nondiscrimination in Federally assisted programs or activities.
( j ) *Recipient* means any State or its political subdivision, instrumentality of a State or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which Federal financial assistance is extended, directly or through another recipient. Recipient includes any successor, assignee, or transferee, but excludes an individual who is the ultimate beneficiary of the assistance.
( k ) *Secretary* means the Secretary, Department of Energy.
[50 FR 8089, Feb. 27, 1985, as amended at 68 FR 51348, Aug. 26, 2003]
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 04-7071

JOHN B. RUFFIN, Plaintiff - Appellant,
versus WARDEN MCGARRITTY, Greenville State Prison; WARDEN MILLARD, Greenville State Prison (Official/Individual Capacity); WARDEN DAVIS, Greenville State Prison (Official/Individual capacity); WARDEN TRENT, Greenville State Prison (Official/Individual Capacity); UNIT MANAGER EVERETTE, Greenville State Prison (Official/Individual Capacit y); RUFUS FLEMINGS, Warden, Regional Director, State Grievance (Official/Individual Capacity); LIEUTENANT TINSLEY, Internal Affairs, Virginia State Department of Corrections; OFFICER AUTRY, Inmate Hearing Officer, Greenville State Prison (Official/Individual Capacity); OFFICER TILLERY, Grievance Coordinator (Official/Individual Capacity); DOCTOR LAYBOURNE, Greensville Correctional (Official/Indiv idual Capacity); DOCTOR BRADLEY, Greensville Correctional (Official/ Individual Capacity), Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (CA-04-266-2) Submitted: November 19, 2004 Decided: December 1, 2004- 2 - Before WILKINSON, WILLIAMS, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion. John B. Ruffin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 3 - PER CURIAM: John B. Ruffin appeals the district court order dismissing all of his 42 U.S.C. § 1983 (2000) claims, except that he was held in segregation without due process, for failure to exhaust. Ruffin further appeals the district court order dismissing his § 1983 claim that he was held in segregation without due process as frivolous under 28 U.S.C. § 1915A(b)(1) (2000). We have reviewed the record and the district court's opinion and find no reversible error. We note that even if Ruffin’s claim that he was denied access to his legal materials was exhausted, it is also frivolous under § 1915A(b)(1) because he failed to demonstrate injury or prejudice caused by his inability to obtain those materials. SeeLewis v. Casey , 518 U.S. 343, 351 (1996). 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
§ 1303.102 Definitions. For words used in this part, unless the context varies otherwise, singular includes the plural, plural includes the singular, present tense includes the future tense, and words of one gender include the other gender. ( a ) ( 1 ) Agency records—include materials that are in the control of the Board and associated with Board business, as follows: ( i ) Materials produced by the Board.
( ii ) Materials produced a consultant for the Board.
( iii ) Materials distributed by presenters at a Board meeting.
( 2 ) All references to records, include both the entire record, or any part of the record.
( b ) Board—The U.S. Nuclear Waste Technical Review Board.
( c ) Chairman—The Chairman of the Board as designated by the President.
( d ) Designated FOIA Officer—The person named by the Board to administer the Board's activities in regard do the regulations in this part. The FOIA Officer also shall be: ( 1 ) The Board officer having custody of, or responsibility for, agency records in the possession of the Board.
( 2 ) The Board officer having responsibility for authorizing or denying production of records from requests filed under the Freedom of Information Act.
( e ) Executive Director—The chief operating officer of the Board.
( f ) Member—An individual appointed to serve on the Board by the President of the United States.
( g ) Days—Standard working days, excluding weekends and federal holidays.
Subpart 1424.1 - Protection of Individual

Privacy

Parent topic: PART 1424 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION

1424.102 General.

Procedures for implementing the Privacy Act of 1974 and Departmental regulations under 43 CFR

part 2, subpart D, are contained in 383 DM.

1424.103 Procedures.

When required by FAR 24.103(b)(2), the CO shall provide the contractor with a copy of the

Department's Privacy Act regulations codified in 43 CFR part 2, subpart D.

1424.104 Contract clauses.

The clause at FAR 52.224-1, Privacy Act Notification, as prescribed in FAR 24.104(a), shall be

supplemented in accordance with 1452.224-1.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          31,395
<SECURITIES>                                         0
<RECEIVABLES>                                   60,930
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                92,325
<PP&E>                                       5,165,799
<DEPRECIATION>                               1,470,519
<TOTAL-ASSETS>                               3,908,276
<CURRENT-LIABILITIES>                          100,437
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                 3,908,276
<SALES>                                              0
<TOTAL-REVENUES>                               250,265
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               274,093
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             167,397
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (191,225)
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0


</TABLE>
Deerfield Resources, Ltd.: Exhibit 10.12 - Prepared by TNT Filings Inc.






Exhibit 10.12


(English Translation)


Sales Contract



Buyer:


Contract Number:


Telephone:                                                           Fax:


Seller:  SHENZHEN TMK POWER INDUSTRIES LTD


Telephone:  0755-28109908                                Fax
: 0755-28109420 

	1. 	
      The undersigned Seller and Buyer have agreed to close the
      following transactions according to the terms and conditions set forth as
      below:




	
    Code 	Product Name 	Specifications 	Unit 	Quantity 	Unit Price 	Amount
     
	
      	  	  	  	  	(including tax) 	(RMB)  
	
      	  	  	  	  	  	 
     
	  	  	  	  	  	  	   
	
    Total
      Amount 
	  	  	  	  	   



	2. 	
      Quality requirement and technology standard: pass
      international IEC standard, high temperature durable and 800mA discharge
      for more than 60 minutes, and internal resistance less than 25mΩ.

	 	 
	3. 	
      Arrival time and destination: arrive the destination xxx
      on xx/xx/20xx.

	 	 
	4. 	
      Transportation carrier and delivery cost: transportation
      cost covered by seller.

	 	 
	5. 	
      Packing Standard: seller is fully responsible for
      standard carton packing without damage to the battery.

	 	 
	6. 	
      Settlement and terms: buyer should pay seller within one
      month after receipt of goods and VAT invoice (with battery inspection
      report).

	 	 
	7. 	
      Other agreed matters: dispute arising from product
      quality and quantity must be notified to seller in writing within 10 days
      after receipt of goods. After verification, seller is responsible for
      replacement, return, and other related costs

	 	 
	8. 	
      Breach of contract: both seller and buyer shall fully and
      strictly follow the contract. if a Party ("breaching Party”) fails to
      perform any of its material obligations under this contact or otherwise is
      in material breach of this contract, then the other Party (“aggrieved
      Party”) may claim reimbursement at 20% of the total contract
  price.

	 	 
	9. 	
      Disputation: all disputes arising from the execution of
      this agreement shall be settled through friendly consultations. In case no
      settlement can be reached, the case in dispute shall then be submitted to
      the court the seller's premises. The decision made by this court shall be
      regarded as final and binding upon both parties. Arbitration fees shall be
      borne by the losing party, unless otherwise
awarded.








	10. 	
      Miscellaneous provisions: anything not covered by this
      contract shall be settled through consultation by both sides.
      Supplementary agreement and fax signed by the parties have the same legal
      right.

	 	 
	11. 	
      This contract has two official copies with the identical
      legal effect (both buyer and seller, each carrying one copy). This
      contract shall be effective since signed and sealed by both parties. This
      facsimile is valid too.




	Buyer: 	Seller:  SHENZHEN TMK POWER INDUSTRIES LTD 
	 	 
	Signature: 	Signature: 
	 	 
	Date: 	Date:
52.237-10 Identification of Uncompensated

Overtime.

As prescribed in 37.115-3 , insert the following provision:

Identification of Uncompensated Overtime (Mar 2015)

(a) Definitions. As used in this provisionAdjusted hourly rate (including uncompensated overtime) is the rate that results from multiplying

the hourly rate for a 40-hour work week by 40, and then dividing by the proposed hours per week

which includes uncompensated overtime hours over and above the standard 40-hour work week. For

example, 45 hours proposed on a 40-hour work week basis at $20 per hour would be converted to an

uncompensated overtime rate of $17.78 per hour ($20.00 x 40 divided by 45 = $17.78).

Uncompensated overtime means the hours worked without additional compensation in excess of an

average of 40 hours per week by direct charge employees who are exempt from the Fair Labor

Standards Act. Compensated personal absences such as holidays, vacations, and sick leave shall be

included in the normal work week for purposes of computing uncompensated overtime hours.

(b)

(1) Whenever there is uncompensated overtime, the adjusted hourly rate (including uncompensated

overtime), rather than the hourly rate, shall be applied to all proposed hours, whether regular or

overtime hours.

(2) All proposed labor hours subject to the adjusted hourly rate (including uncompensated overtime)

shall be identified as either regular or overtime hours, by labor categories, and described at the

same level of detail. This is applicable to all proposals whether the labor hours are at the prime or

subcontract level. This includes uncompensated overtime hours that are in indirect cost pools for

personnel whose regular hours are normally charged direct.

(c) The offeror’s accounting practices used to estimate uncompensated overtime must be consistent

with its cost accounting practices used to accumulate and report uncompensated overtime hours.

(d) Proposals that include unrealistically low labor rates, or that do not otherwise demonstrate cost

realism, will be considered in a risk assessment and will be evaluated for award in accordance with

that assessment.

(e) The offeror shall include a copy of its policy addressing uncompensated overtime with its

proposal.

(End of provision)

Parent topic: 52.237 [Reserved]
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

OFFICE OF THE CLERK

POST OFFICE BOX 711

MONTGOMERY, ALABAMA 36101-0711

DEBRA P. HACKETT, CLERK

TELEPHONE (334) 954-3600

December 18, 2006

 

NOTICE OF NON-COMPLIANCE

To: ALL COUNSEL OF RECORD

From: CLERK’S OFFICE

Case Style: Donna L. Early vs. Rheem Manufacturing Company, et al

Case Number: 2:06cv727-WKW

Referenced Pleading: Document #15- Notice of Initial Disclosures

The referenced pleading was electronically filed on **12/15/2006*** in this case and is not in

compliance with the local rules and/or administrative procedures of this court.

*****This pleading is discovery and is not allowed pursuant to Local Rule 5.1 Non-Filing of

Civil Discovery.

The pleading is hereby STRICKEN from the record and the parties are instructed to

disregard the entry of this pleading on the court’s docket. Parties should be aware that the

striking of this entry does not affect their responsibilities as to the discovery process.

Case 2:06-cv-00727-WKW-CSC Document 16 Filed 12/15/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) 2:06-mj-0075-DRB

)

RONALD MCQUEEN )

ORDER RESCHEDULING PRELIMINARY AND DETENTION HEARING

For good cause arising from defense counsel’s unavoidable conflict in completing another

scheduled proceeding in this court, and pursuant to representations of counsel at the scheduling

conference held in the presence of defense counsel at 5:00 p.m. on August 3, 2006, it is

 ORDERED that the preliminary and detention hearing scheduled at 3:00 p.m. on August

3, 2006, is continued to 3:00 p.m. on August 16, 2006, in District Courtroom 4A before the

undersigned Magistrate Judge. It is further

ORDERED that the Defendant, Ronald McQueen, be remanded to the custody of the

United States Marshal and produced for the hearing.

DONE THIS 4 DAY OF AUGUST, 2006. TH

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cr-00198-WKW-CSC Document 15 Filed 08/04/2006 Page 1 of 1
#### The People of the State of New York, Respondent, v. Joseph B. (Anonymous), Appellant.

Appeal by defendant from a judgment of the County Court, Westchester County, rendered February 13, 1968, which adjudicated him to be a youthful offender and sentenced him to a three-year period of probation. Judgment reversed, on the law and the facts, and information dismissed. In our view, the seizure of certain shirts and pairs of socks from appellant’s bedroom was illegal. These items were unexpectedly found by the searching officer in appellant’s bedroom, where the officer was conducting a search pursuant to a search warrant in connection with another crime. It is clear that the warrant could not form the basis for the seizure of the shirts and socks in question, since the warrant did not designate these items and the items were not contraband *(People*v. *Baker,*23 N Y 2d 307). In any event, the searching officer did not seize these items on his first visit to the house, but returned to headquarters to cheek them against a teletype alarm and then sent a brother officer to seize them. The People did not demonstrate that the second search, resulting in the seizure, was consented to (cf. *Bumper*v. *North Carolina,*391 U. S. 543). On this record the judgment must be reversed and the information dismissed. Christ, Acting P. J., Brennan, Rabin, Hopkins and Munder, JJ., concur.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2883 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 2883

            To suspend temporarily the duty on Phenmedipham.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2006

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

_______________________________________________________________________

                                 A BILL

 
            To suspend temporarily the duty on Phenmedipham.

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

SECTION 1. PHENMEDIPHAM.

    (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:

``      9902.13.76      3-                  Free         No change        No change        On or before 12/  ''.
                         Methylcarbonylami                                                  31/2009
                         nophenyl-3-methyl-
                         carbanilate
                         (Phenmedipham)
                         (CAS No. 13684-63-
                         4) in bulk or
                         mixed with
                         application
                         adjuvants
                         (provided for in
                         subheadings
                         2924.29.47 and
                         3808.30.15)......

    (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>
```