alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Peter Scavone et al., Appellants, v. Frank M. Volz et al., Constituting the Board of Zoning Appeals of the Town of Babylon, et al., Respondents.

In a proceeding pursuant to article 78 of the CPLR (1) to review a determination of the respondent Board of Zoning Appeals which denied petitioners’ application for an area variance and (2) to compel the issuance of a building permit, petitioners appeal from a judgment of the Supreme Court, Suffolk County, entered July 25, 1969, which dismissed the petition and confirmed the determination. Judgment reversed, on the law, without costs; determination of the respondent Board of Zoning Appeals annulled; and the respondent Chief Building Inspector directed to issue the requested building permit. Petitioners were unable to use the subject parcel through no act of their own. The property was held in single and separate ownership. The plot on East 3rd Street which petitioners owned until June, 1957, with a frontage of 75 feet and a depth of 100 feet, the southerly 25 feet of which abut the northerly 25 feet of the subject parcel, at the rear of both parcels, is not an adjacent parcel to the subject parcel. Latham, Kleinfeld, Brennan and Benjamin, JJ., concur; Martuseello, Acting P. J., concurs in reversal of the judgment and in annulment of the respondent Board of Zoning Appeals’ determination, but otherwise dissents and votes to remand the matter to said 'board to take further proof, with the following memorandum: While I agree with the majority’s determination that the decision of the Board of Zoning Appeals should be annulled, I do not believe that we should direct the issuance of a variance and a building permit at this time. I would remand the case for a new hearing by the Board of Zoning Appeals at which petitioners would have an opportunity to present proof of economic loss and to satisfy the standards of *Matter of Fulling*v. *Palumbo*(21 N Y 2d 30).
#### § 993.14 Handler.

*Handler* means any person who handles prunes.
Case 2:06-cv-00749-ID-SRW Document 16 Filed 09/28/2007 Page 1 of 1
#### § 14.53 Scope of employment report.

A report containing all data bearing upon the question whether the employee was acting within the scope of his or her office or employment will be furnished by the General Counsel or designee to the United States Attorney for the district encompassing the place where the civil action or proceeding is brought. A copy of the report also will be furnished to the Director of the Torts Branch, Civil Division, Department of Justice, at the earliest possible date, or within the time specified by the United States Attorney.

[51 FR 35999, Oct. 8, 1986]
2836.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold.       (a) The short selection process, described in FAR 36.602-5, is authorized for use in DOJ contracts not expected to exceed the simplified acquisition threshold.          (b) The HCA or designee is the agency head for purposes of FAR 36.602-5(b)(2).    **Parent topic:** Subpart 2836.6 - Architect-Engineer Services
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER ON M OTION FOR R EHEARING

Appellate case name: The Board of Trustees of the Houston Firefighters ’ Relief and

Retirement Fund v. The City of Houston, Texas

Appellate case number: 01

- 12

- 01 167

- CV

Trial court case number: 1228760

Trial court: 189th District Court of Harris County

Date motion filed: March 13, 2015

Party filing motion: Appellee, The City of Houston, Texas

It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: Harvey Brown

 Acting individually  Acting for the Court

Panel consists of: J ustices J ennings and Brown

Date: July 14, 2015
IN THE UNITED STATES DISTRICT COURT FOR THE 

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JAMES TYRONE EDWARDS, : 

 :

Plaintiff, :

 :

vs. : CIVIL ACTION 06-0088-CB-M

 :

LT. LORETTA HOLLAND, et al., : 

 :

Defendants. :

ORDER

The Court's Order dated March 13, 2006 (Doc. 3), was sent

to Plaintiff at Russell County Jail, P. O. Box 640, Phenix City,

Alabama, 36868, which is the last address that Plaintiff provided,

and was returned to the Court with the notations "Attempted Not

Known” and “Return to sender No Longer at This Address.” The

information taken from the Alabama Department of Corrections’

website indicated that Plaintiff is presently incarcerated at

Kilby Correctional Facility, P. O. Box 150, Mt. Meigs, Alabama

36057. The Clerk is DIRECTED to re-mail a copy of the Court's

Order dated March 13, 2006 (Doc. 3), to Plaintiff at Kilby

Correctional Facility. The Clerk is FURTHER DIRECTED to correct

the Court docket to reflect Plaintiff’s current address.

Plaintiff is warned that his failure to advise the Court

immediately of a change in address will result in the dismissal of

his action for failure to prosecute and to obey the Court's Order.

 DONE this 29th day of March, 2006.

s/BERT W. MILLING, JR. 

UNITED STATES MAGISTRATE JUDGE

Case 3:06-cv-00740-MHT-SRW Document 4 Filed 03/29/2006 Page 1 of 1 Case 1:06-cv-00088-CB-M Document 5 Filed 03/29/2006 Page 1 of 1
# Subpart 2813.2 - Actions at or Below the Micro-Purchase Threshold

**Parent topic:**PART 2813 - SIMPLIFIED ACQUISITION PROCEDURES

## 2813.201 General.

The SPE is the agency head for the purposes of FAR 13.201(g)(1).
223 So.2d 672

#### STATE of Louisiana v. Elbert Rhea BELCHER.

No. 49933.

June 26, 1969.

In re: Elbert Rhea Belcher applying for writ of certiorari.

The application is denied. In view of the written return of the trial judge, the showing made is not sufficient to warrant the exercise of our supervisory jurisdiction.
Subpart 1814.2—Solicitation of Bids

Parent topic: PART 1814—SEALED BIDDING

1814.201-6 Solicitation provisions.

1814.201-670 NASA solicitation provisions.

(a) The contracting officer shall insert the provision at 1852.214–70, Caution to Offerors Furnishing

Descriptive Literature, in invitations for bids. See FAR 52.214–21, Descriptive Literature.

(b) The contracting officer shall insert the provision at 1852.214–71, Grouping for Aggregate Award,

in invitations for bids, except for construction, when it is in the Government's best interest not to

make award for less than specified quantities solicited for certain items or groupings of certain

items. Insert the item numbers and/or descriptions applicable for the particular procurement.

(c) The contracting officer shall insert the provision at 1852.214–72, Full Quantities, in invitations

for bids, except for construction, when it is in the Government's best interest not to make award for

less than the full quantities solicited.

(d) If a pre-bid conference is planned, the contracting officer shall insert the provision at

1852.215–77, Preproposal/Pre-bid Conference. See 1815.209–70(a).
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 78 FR 34247, June 7, 2013.

§ 1.35 Office of the Chief Information Officer. The Office of the Chief Information Officer— ( a ) Plans, directs, and oversees the NRC's information resources, including technology infrastructure and delivery of information management services, to meet the mission and goals of the agency;
( b ) Provides principal advice to the Chairman to ensure that information technology (IT) is acquired and information resources across the agency are managed in a manner consistent with Federal information resources management (IRM) laws and regulations;
( c ) Assists senior management in recognizing where information technology can add value while improving NRC operations and service delivery;
( d ) Directs the implementation of a sound and integrated IT architecture to achieve NRC's strategic and IRM goals;
( e ) Monitors and evaluates the performance of information technology and information management programs based on applicable performance measures and assesses the adequacy of IRM skills of the agency;
( f ) Provides guidance and oversight for the selection, control and evaluation of information technology investments;
( g ) Provides oversight and quality assurance for the design and operation of the Licensing Support Network (LSN) services and for the completeness and integrity of the LSN database, ensures that the LSN meets the requirements of 10 CFR part 2, subpart J, concerning the use of the LSN in the Commission's high-level waste licensing proceedings, and provides technical oversight of DOE in the design, development, and operation of the LSN; and
( h ) Plans, recommends, and oversees the NRC's Information Technology (IT) Security Program consistent with applicable laws, regulations, management initiatives, and policies;
( i ) Provides principal advice to the NRC on the infrastructure, as well as the programmatic and administrative aspects of cybersecurity;
( j ) Establishes NRC-wide cybersecurity guidelines;
( k ) Guides security process maturity, as well as formulating and overseeing the cybersecurity program budget; and
( l ) Ensures NRC-wide integration, direction, and coordination of IT security planning and performance within the framework of the NRC IT Security Program.
[70 FR 69422, Nov. 16, 2005, as amended at 80 FR 74978, Dec. 1, 2015]
Editorial Note on Part 2
Editorial Note: Nomenclature changes to part 2 appear at 79 FR 75739, Dec. 19, 2014.

§ 2.315 Participation by a person not a party. ( a ) A person who is not a party (including persons who are affiliated with or represented by a party) may, in the discretion of the presiding officer, be permitted to make a limited appearance by making an oral or written statement of his or her position on the issues at any session of the hearing or any prehearing conference within the limits and on the conditions fixed by the presiding officer. However, that person may not otherwise participate in the proceeding. Such statements of position shall not be considered evidence in the proceeding.
( b ) The Secretary will give notice of a hearing to any person who requests it before the issuance of the notice of hearing, and will furnish a copy of the notice of hearing to any person who requests it thereafter. If a communication bears more than one signature, the Commission will give the notice to the person first signing unless the communication clearly indicates otherwise.
( c ) The presiding officer will afford an interested State, local governmental body (county, municipality or other subdivision), and Federally-recognized Indian Tribe that has not been admitted as a party under § 2.309, a reasonable opportunity to participate in a hearing. The participation of any State, local governmental body, or Federally-recognized Indian Tribe shall be limited to unresolved issues and contentions, and issues and contentions that are raised after the State, local governmental body, or Federally-recognized Indian Tribe becomes a participant. Each State, local governmental body, and Federally-recognized Indian Tribe shall, in its request to participate in a hearing, designate a single representative for the hearing. The representative shall be permitted to introduce evidence, interrogate witnesses where cross examination by the parties is permitted, advise the Commission without requiring the representative to take a position with respect to the issue, file proposed findings in those proceedings where findings are permitted, and petition for review by the Commission under § 2.341 with respect to the admitted contentions. The representative shall identify those contentions on which they will participate in advance of any hearing held.
( d ) If a matter is taken up by the Commission under § 2.341 or *sua sponte,* a person who is not a party may, in the discretion of the Commission, be permitted to file a brief “*amicus curiae.*” Such a person shall submit the amicus brief together with a motion for leave to do so which identifies the interest of the person and states the reasons why a brief is desirable. Unless the Commission provides otherwise, the brief must be filed within the time allowed to the party whose position the brief will support. A motion of a person who is not a party to participate in oral argument before the Commission will be granted at the discretion of the Commission.
[69 FR 2236, Jan. 14, 2004, as amended at 77 FR 46592, Aug. 3, 2012]
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

5/28/2015 COA No. 02-14-00124-CR

ISBELL, JOHN B. Tr. Ct. No. 1290119D PD-0469-15

The State’s Petition for Discretionary Review has this day been filed. [The Court

requires ten copies of this document to be filed in this office within three (3) days

pursuant to Rule 9.3(b). Failure to send copies will result in the refusal of the

petition.]

Abel Acosta, Clerk

LISA MCMINN

STATE PROSECUTING ATTORNEY

P.O. BOX 13046

AUSTIN, TX 78711

* DELIVERED VIA E-MAIL *

FILE COPY
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

5/28/2015 COA No. 02-14-00124-CR

ISBELL, JOHN B. Tr. Ct. No. 1290119D PD-0469-15

The State’s Petition for Discretionary Review has this day been filed. [The Court

requires ten copies of this document to be filed in this office within three (3) days

pursuant to Rule 9.3(b). Failure to send copies will result in the refusal of the

petition.]

Abel Acosta, Clerk

BARRY G. JOHNSON

2821 E. LANCASTER

FT WORTH, TX 76103

* DELIVERED VIA E-MAIL *

FILE COPY
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

5/28/2015 COA No. 02-14-00124-CR

ISBELL, JOHN B. Tr. Ct. No. 1290119D PD-0469-15

The State’s Petition for Discretionary Review has this day been filed. [The Court

requires ten copies of this document to be filed in this office within three (3) days

pursuant to Rule 9.3(b). Failure to send copies will result in the refusal of the

petition.]

Abel Acosta, Clerk

2ND COURT OF APPEALS CLERK

DEBRA SPISAK

401 W. BELKNAP, STE 9000

FORT WORTH, TX 76196

* DELIVERED VIA E-MAIL *

FILE COPY
OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS

P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711

5/28/2015 COA No. 02-14-00124-CR

ISBELL, JOHN B. Tr. Ct. No. 1290119D PD-0469-15

The State’s Petition for Discretionary Review has this day been filed. [The Court

requires ten copies of this document to be filed in this office within three (3) days

pursuant to Rule 9.3(b). Failure to send copies will result in the refusal of the

petition.]

Abel Acosta, Clerk

C. JAMES GIBSON

ASSISTANT DISTRICT ATTORNEY

401 W. BELKNAP

FORT WORTH, TX 76196

* DELIVERED VIA E-MAIL *

FILE COPY
Subpart 333.1 - Protests

Parent topic: PART 333 - PROTESTS, DISPUTES, AND APPEALS

333.102 General.

(g)

(1) The Office of General Counsel-General Law Division serves as the liaison for protests lodged with

the Government Accountability Office (GAO); is designated as the office responsible for all protests

within the Department of Health and Human Services; and serves as the notification point with GAO

for all protests.

(2) The contracting officer will follow the direction of the Operating Division's protest control officer

for responding to protests whether they are filed with GAO or directly with the contracting officer.

333.103 Protests to the agency.

(f)

(1) Protests to the contracting officer must be in writing. The contracting officer is authorized to

make the determination, using the criteria in Federal Acquisition Regulation 33.104(b), to award a

contract notwithstanding the protest after obtaining the concurrence of the contracting activity's

protest control officer and consulting with the appropriate legal office.
###### Editorial Note on Subchapter A of Chapter VIII

#### Authority:

7 U.S.C. 71-87K, 1621-1627.

###### Editorial Note on Subchapter A of Chapter VIII

#### Editorial Note:

Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

#### § 868.5 Administrator.

The Administrator, under the authority delegated by the Secretary, is charged with administering the programs and functions authorized under the Act and the regulations concerning those commodities assigned by the Secretary to the Service.
#### § 218.30 Purpose and scope.

This subpart establishes the administrative procedures applicable to supply orders. They shall be exclusive of any other procedures contained in this chapter, unless such other procedures are specifically made applicable hereto by this subpart.
Subpart 2428.1 - Bonds

Parent topic: PART 2428 - BONDS AND INSURANCE

2428.106 Administration.

2428.106-6 Furnishing information.

(c) The Contracting Officer shall furnish the certified copy of the bond and the contract for which it

was given to any person who requests them in accordance with FAR 28.106-6.
#### VEIL v. THOMPSON et al.

(Supreme Court, Appellate Term, First Department.

December 24, 1914.)

Fbaud (§ 11*)—Representations—Statements of Fact—Opinion.

A representation by a seller of bonds that no other bonds of the issue were on the market, and that they were shortly to be retired at an advance price, were representations of fact, and not of opinion, and a buyer, relying thereon, could recover, on proving falsity of the representations and damages.

[Ed. Note.—For other cases, see Fraud, Cent. Dig. §§ 12, 13; Dec. Dig. § ll.*l

Appeal from Municipal Court, Borough of Manhattan, Third District.

Action by Jacob Henry Veil against Arthur V. R. Thompson and another, doing business under the firm name and style of Thompson & Singleton. From an order of the Municipal Court, setting aside a verdict for plaintiff, he appeals. Reversed, and verdict reinstated.

Argued December term, 1914, before GUY, BIJUR, and PAGE, JJ.

Wise & Seligsberg, of New York City, for appellant.

Stuart M. Kohn, of New York City (Leon Kauffman, of New York City, of counsel), for respondents.

*

For other cases see same topic & § number in Dec. & Am. Digs. 1907 to Sate, & Rep’r Indexes

BIJUR, J.

Plaintiff sued to recover damages for false representaalleged to made by defendants, relying upon which the plaintiff bought certain bonds, to his loss as proved. The representations proved to have been made by defendants were that no other bonds of this issue were on the market, and that they were shortly to be retired at an advanced price. These representations were of facts which were material, and warranted the recovery which the jury awarded. They were not representations as to matters of opinion, and the verdict should not have been set aside.

Order reversed, with costs, and verdict reinstated, with costs. All concur.
#### MORRIS, Appellant, v. WINDSOR TRUST CO., Respondent.

(Supreme Court, Appellate Division, First Department.

June 12, 1914.)

Action by Robert C. Morris, as trustee in bankruptcy, etc., against the Windsor Trust Company.

H. F. Parmelee, of New York City, for appellant.

T. F. Gilroy, Jr., of New York City, for respondent.

PER CURIAM.

Order affirmed, with $10 costs and disbursements, with leave to plaintiff to withdraw demurrer and to reply on payment of costs in this court and in the court below. Order filed. Questions certified to Court of Appeals in 148 N. Y. Supp. 1131.

INGRAHAM, P. J., and CLARKE, J.,

dissent, as being controlled by the case of Hanover Nat. Bank v. Suddath, 30 Sup. Ct. 63, 215 U. S. 122, 54 L. Ed. 120.
#### § 989.601 Conversion factors for raisin weight.

The following factors for the named varietal types of raisins shall be used to convert the net weight of reconditioned raisins acquired by handlers as packed raisins to natural condition weight. The net weight of the raisins after the completion of processing shall be divided by the applicable factor to obtain the natural condition weight: *Provided,* That the adjusted weight does not exceed the original weight of the raisins prior to reconditioning; and *Provided further,* That, if the adjusted weight exceeds the original weight, the original weight will be used.

| Varietal type | Conversion factor |
| --- | --- |
| Natural (sun-dried) Seedless | 0.92 |
| Golden Seedless, Dipped Seedless, Other Seedless, and Other Seedless-Sulfured | 0.95 |
| Muscats (including raisins with seeds): | |
| Seeded | 0.80 |
| Unseeded | 0.92 |
| Sultana | 0.92 |
| Zante Currant | 0.91 |

[54 FR 41587, Oct. 11, 1989, as amended at 67 FR 36792, May 28, 2002; 68 FR 42947, July 21, 2003]
Case 2:06-cv-00755-MHT-CSC     Document 21      Filed 03/05/2007     Page 1 of 4

Case 2:06-cv-00755-MHT-CSC     Document 21      Filed 03/05/2007     Page 2 of 4

Case 2:06-cv-00755-MHT-CSC     Document 21      Filed 03/05/2007     Page 3 of 4

Case 2:06-cv-00755-MHT-CSC     Document 21      Filed 03/05/2007     Page 4 of 4
1001.670 Contract clause.

Contracting Officers must insert a clause substantially similar to the clause in section 1052.201-70,

Contracting Officer's Representative (COR) Appointment and Authority, in all solicitations and

contracts. Exceptions to the requirement for inclusion of the COR clause and the appointment of a

COR may be made at the discretion of the BCPO.

Parent topic: Subpart 1001.6 - Career Development, Contracting Authority and Responsibilities
#### CITY OF NEW YORK, Respondent, v. BLEECKER ST. *&*F. F. R. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

June 19, 1914.)

Action by the City of New York against the Bleecker Street & Fulton Ferry Railroad Company.

H. J. Smith, of New York City, for appellant.

W. E. C. Mayer, of New York City, for respondent.

No opinion. Judgment affirmed, with costs. Order filed.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00249-CR

Mehdi Hassanali Patel, Appellant

v.

The State of Texas, Appellee

FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY

NO. C-1-CR-07-203572, HONORABLE MIKE DENTON, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

After being notified that the reporter’s record was overdue, the court reporter advised

the Court no arrangements for payment had been made. The Court notified appellant’s retained

attorney, Matthew C. Nichols, that the appeal would be submitted without a reporter’s record if

payment was not made. Tex. R. App. P. 37.3(c). Counsel did not respond to this notice.

Accordingly, counsel was notified that his brief was due on November 10, 2008. The brief has not

been received and counsel did not respond to the Court’s overdue notice.

The appeal is abated. The trial court shall conduct a hearing to determine whether

appellant desires to prosecute this appeal, whether appellant is indigent, and, if he is not indigent,

whether retained counsel has abandoned this appeal. Tex. R. App. P. 38.8(b)(2). The court shall

make appropriate findings and recommendations. A record from this hearing, including copies of

all findings and orders and a transcription of the court reporter’s notes, shall be forwarded to the
2

Clerk of this Court for filing as a supplemental record no later than February 13, 2009.

Rule 38.8(b)(3).

__________________________________________

Jan P. Patterson, Justice

Before Justices Patterson, Pemberton and Waldrop

Abated

Filed: January 21, 2009

Do Not Publish
###### Editorial Note on Subpart A of Part 989

#### Editorial Note:

Nomenclature changes to part 989 appear at 83 FR 53973, Oct. 26, 2018.

#### § 989.4 Area.

*Area* means the State of California.
#### § 1705.11 Exemptions.

Pursuant to 5 U.S.C. 552a(k), the Board has determined that system of records DNFSB-3, “Drug Testing Program Records,” is partially exempt from 5 U.S.C. 552(a)(c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f). The exemption pertains to portions of these records which would identify persons supplying information on drug abuse by Board employees or contractors.
#### Nicholas Raffellini, Respondent, v State Farm Mutual Automobile Insurance Company, Appellant.

Submitted August 27, 2007;

decided September 6, 2007

Reported below, 36 AD3d 92.

Motion by New York State Trial Lawyers’ Association for leave to file a brief amicus curiae on the appeal herein granted. Two copies of the brief must be served and 24 copies filed within seven days.