alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Rockland Fuel Oil Co. Inc., Appellant-Respondent, v. Orange & Rockland Utilities, Inc., Respondent-Appellant.

In a consolidated summary proceeding to recover possession of real property and action for specific performance of a contract to sell the property, (1) plaintiff appeals from (a) an order of the Supreme Court, Rockland County, entered June 18, 1968, which granted defendant’s motion to dismiss the amended complaint, and (b) a judgment of said court entered June 24, 1968 upon said order; and (2) defendant cross-appeals from said judgment insofar as it omitted to dispose of the summary proceeding and to cancel a *lis pendens.*Order and judgment reversed, on the law, with $10 costs and disbursements to plaintiff, and defendant’s motion denied. There are issues of fact herein which should be determined only after trial. Hopkins, Acting P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.
###### Editorial Note on Part 30

#### Editorial Note:

Nomenclature changes to part 30 appear at 79 FR 75739, Dec. 19, 2014.

#### § 30.39 Commission action on applications to renew or amend.

In considering an application to renew or amend a license or to amend a sealed source or device registration certificate, the Commission will apply the applicable criteria set forth in § 30.33 and parts 32 through 36 and 39 of this chapter.

[77 FR 43690, July 25, 2012]
#### In the Matter of the Claim of Eugene M. Slattery, Appellant. Martin P. Catherwood, as Industrial Commissioner, Respondent.

Cooke, J.

Appeal from a decision of the Unemployment Insurance Appeal Board, filed March 3, 1969, which determined that claimant was disqualified from receiving, unemployment insurance benefits effective June 6, 1968 on the ground that he voluntarily left his employment without good cause '(Labor Law, § 593, subd. 1). Claimant was employed as a commission salesman with a monthly advance, in a given territory handling approximately 300 items for a concern dealing in specialized office equipment. From time to time, certain articles were removed from the lines of all sales personnel and others added and, after certain machines were eliminated in December, 1967 from the listings of salesmen including claimant, a disagreement took place, resulting in termination of the employment. There was proof that other salesmen in the area did better after the disputed withdrawal of merchandise. Whether claimant resigned or was discharged and whether there was good cause for the separation, within the meaning of the Labor Law, were factual questions within the sole province of the board if its determinations were supported by substantial evidence *(Matter of Bubenstein*[Catherwood], 33 A D 2d 950), and the instant record does not warrant disturbance of the board’s decision. Decision affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by Cooke, J.
Exhibit 33.2



| |  |                      |  |               
| |  | -------------------- |  | --------------
| |  | LOGO                 |  | 1 Mortgage Way
| |  | Mt. Laurel, NJ 08054





REPORT ON ASSESSMENT OF COMPLIANCE WITH REGULATION AB

SERVICING CRITERIA

PHH Mortgage
Corporation (the Asserting Party) is responsible for assessing compliance as of December 31, 2015 and for the period from January 1, 2015 through December 31, 2015 (the Reporting Period) with the servicing criteria set forth
in Section 229.1122(d) of the Code of Federal Regulations (the CFR), except for criteria set forth in Section 229.1122(d)(3)(i)(c), (d)(4)(xv) and (d)(1)(iii) of the CFR, which the Asserting Party has concluded are not applicable to the
servicing activities it performs with respect to the transactions covered by this report (the Applicable Servicing Criteria). The criteria set forth in Section 229.1122 (d)(2)(i), (d)(2)(ii), (d)(4)(iv), (d)(4)(vii), (d)(4)(viii) and
(d)(4)(xi) of the CFR are performed by outsource providers on behalf of the Asserting Party; however, the Asserting Party has monitored the outsourcing of these criteria and assumes responsibility for compliance. The transactions covered by this
report include all non-agency loan sale agreements executed after January 1, 2006 as well as all re-securitization transactions after January 1, 2006 for which the Asserting Party served as servicer (the Platform).

The Asserting Party has assessed its compliance with the Servicing Criteria as of December 31, 2015 and for the Reporting Period and has concluded that the
Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria with respect to the Platform taken as a whole.

Deloitte
& Touche, an independent registered public accounting firm, has issued an attestation report on the assessment of compliance with the Servicing Criteria for the Reporting Period as set forth in this assertion.

PHH Mortgage Corporation

Date: February 26, 2016



|                   
|-------------------
|/s/ Glen A. Messina
|Glen A. Messina    
|President          



|                                      
|--------------------------------------
|/s/ Martin L. Foster                  
|Martin L. Foster                      
|Senior Vice President  Loan Servicing
§ 20.1704 Further restrictions on the use of respiratory protection equipment. The Commission may impose restrictions in addition to the provisions of §§ 20.1702, 20.1703, and Appendix A to Part 20, in order to: ( a ) Ensure that the respiratory protection program of the licensee is adequate to limit doses to individuals from intakes of airborne radioactive materials consistent with maintaining total effective dose equivalent ALARA; and
( b ) Limit the extent to which a licensee may use respiratory protection equipment instead of process or other engineering controls.
[64 FR 54557, Oct. 7, 1999]
#### § 58.232 Milk.

Raw milk shall meet the requirements as outlined in §§ 58.132 through 58.138 and, unless processed within two hours after being received, it shall be cooled to and held at a temperature of 45 °F. or lower until processed.
#### Mitchell Benesowitz, Appellant, v Metropolitan Life Insurance Company, Plan Administrator of Honeywell Long Term Disability Income Plan, et al., Respondents.

Submitted August 6, 2007;

decided September 18, 2007

Motion for reargument denied *[see 8*NY3d 661].
IN THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) Case No.: 2:06cr203-MHT

 )

JOSEPH LEE STRINGER )

NOTICE OF APPEARANCE

COMES NOW the undersigned counsel, Jennifer A. Hart, and enters her appearance on

behalf of Defendant, JOSEPH LEE STRINGER, in the above-styled case.

Dated this 29 day of August 2006. th

Respectfully submitted, 

s/Jennifer A. Hart

JENNIFER A. HART

FEDERAL DEFENDERS

MIDDLE DISTRICT OF ALABAMA

201 Monroe Street, Suite 407

Montgomery, AL 36104

Phone: (334) 834-2099

Fax: (334) 834-0353

jennifer_hart@fd.org

AL Bar Code: HAR189

Case 2:06-cr-00203-MHT-CSC Document 10 Filed 08/29/2006 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that on August 29, 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:

Chris Snyder, Esq., Assistant U. S. Attorney, One Court Square, Suite 201, Montgomery, Alabama

36104. 

Respectfully submitted,

s/Jennifer A. Hart

JENNIFER A. HART

FEDERAL DEFENDERS

MIDDLE DISTRICT OF ALABAMA

201 Monroe Street, Suite 407

Montgomery, AL 36104

Phone: (334) 834-2099

Fax: (334) 834-0353

jennifer_hart@fd.org

AL Bar Code: HAR189

Case 2:06-cr-00203-MHT-CSC Document 10 Filed 08/29/2006 Page 2 of 2
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|------------------------------------------------------------------------------------------------------------------|

 

 

**ANNUAL STATEMENT OFCOMPLIANCE**

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of February 1, 2013, byand among RBS Commercial Funding Inc., as Depositor, Wells Fargo Bank, NationalAssociation, as Master Servicer, Certificate Administrator, Tax Administratorand Custodian, Midland Loan Services, a division of PNC Bank, NationalAssociation, as Special Servicer, Trimont Real Estate Advisors, Inc., as TrustAdvisor and U.S. Bank National Association, as Trustee, with respect toCommercial Mortgage Pass-Through Certificates WFRBS 2013-C11 (the"Agreement"). Capitalized terms used herein not otherwise definedshall have the meanings assigned in the Agreement.

 

Pursuant to Section 11.12 ofthis Agreement, I, Daniel Bober, Executive Vice President of CommercialMortgage Services do hereby certify that:

 

1.            A review of the activities of the Master Servicer during the period fromJanuary 1, 2016 through December 31, 2016 (the “Reporting Period”),and of its performance per the Agreement during such period has been made undermy supervision, and

 

2.            To the best of my knowledge, based on such review, the Master Servicer hasfulfilled all of its obligations under the Agreement in all material respectsthroughout the Reporting Period.

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll  go far |
|------------------------|-------------------------------------|
#### § 959.30 Vacancies.

To fill committee vacancies, the Secretary may select such members or alternates from unselected nominees on the current nominee list from the district involved, or from nominations made in the manner specified in § 959.27. If the names of nominees to fill any such vacancy are not made available to the Secretary within 30 days after such vacancy occurs, such vacancy may be filled without regard to nominations, which selection shall be made on the basis of the representation provided for in §§ 959.24 to 959.26.
IV 

109TH CONGRESS 

1ST SESSION H. RES. 245

Supporting the goals and ideals of National Nurses Week. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005

Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mrs. CAPPS, Mrs. 

MCCARTHY, Mr. VAN HOLLEN, Mr. PALLONE, Ms. ROYBAL-ALLARD, Mr. 

CARDOZA, Mr. KILDEE, Mr. CONYERS, Mr. TERRY, Mr. HALL, Mr. 

OWENS, Mr. MCNULTY, Mr. WATT, Mr. MOORE of Kansas, Mr. TANNER, 

and Mr. MCCOTTER) submitted the following resolution; which was referred to the Committee on Energy and Commerce 

RESOLUTION

Supporting the goals and ideals of National Nurses Week.

Whereas since 2003, National Nurses Week is celebrated annually from May 6, also known as National Nurses Day, 

through May 12, the birthday of Florence Nightingale, 

the founder of modern nursing; 

Whereas National Nurses Week is the time each year when 

the importance of nursing in health care can be demonstrated; 

Whereas well-trained health professionals are the cornerstone 

of the Nation’s complex health system; 
2

•HRES 245 IH 

Whereas registered nurses (‘‘RNs’’) represent the largest single component of the health care profession, with an estimated 2.7 million RNs in the United States; 

Whereas nurses historically have provided hands-on patient 

care at the bedside, and will continue to do so; 

Whereas nurses have a mandate to serve those in need, and 

to try to ease the suffering of those in pain; 

Whereas nurses also are deeply involved in health education, 

research, business, and public policy; 

Whereas nurses bear the primary responsibility for the care 

and well-being of hospital patients; 

Whereas unfortunately, too few nurses are caring for too 

many patients in our Nation’s hospitals; 

Whereas according to a report from the Department of 

Health and Human Services, the United States currently 

has a nurse shortage of nearly 150,000 RNs and will 

have a shortage of more than 800,000 RNs by the year 

2020; 

Whereas nursing salaries are inadequate as compared to 

other professions and the profession is lacking incentives 

for new recruits; 

Whereas cutting-edge technologies are useless without a staff 

of trained professionals to implement them; and 

Whereas nurses are the unsung heroines and heroes of the 

medical profession: Now, therefore, be it

1 Resolved, That the House of Representatives—

2 (1) recognizes the important contributions of 

3 nurses to the health care system of the United 

4 States; 
3

•HRES 245 IH 

1 (2) supports the goals and ideals of National 

2 Nurses Week, as founded by the American Nurses 

3 Association; and 

4 (3) encourages the people of the United States 

5 to observe National Nurses Week with appropriate 

6 recognition, ceremonies, activities, and programs to 

7 demonstrate the importance of nurses to the every8 day lives of patients.

Æ
1508.870 Contract clause.       Contracting Officers shall insert the contract clause at 1552.208-70, Printing, in all contracts which require printing, duplication, binding, reproduction, and related services and are subject to the provisions of the Government Printing and Binding Regulations published by the Joint Committee on Printing, Congress of the United States.    **Parent topic:** Subpart 1508.8 - Acquisition of Printing and Related Supplies
Editorial Note on Part 35
Editorial Note: Nomenclature changes to part 35 appear at 79 FR 75739, Dec. 19, 2014.

§ 35.6 Provisions for the protection of human research subjects. ( a ) A licensee may conduct research involving human research subjects only if it uses the byproduct materials specified on its license for the uses authorized on its license.
( b ) If the research is conducted, funded, supported, or regulated by another Federal agency that has implemented the Federal Policy for the Protection of Human Subjects (Federal Policy), the licensee shall, before conducting research— ( 1 ) Obtain review and approval of the research from an “Institutional Review Board,” as defined and described in the Federal Policy; and
( 2 ) Obtain “informed consent,” as defined and described in the Federal Policy, from the human research subject.
( c ) If the research will not be conducted, funded, supported, or regulated by another Federal agency that has implemented the Federal Policy, the licensee shall, before conducting research, apply for and receive a specific amendment to its NRC medical use license. The amendment request must include a written commitment that the licensee will, before conducting research— ( 1 ) Obtain review and approval of the research from an “Institutional Review Board,” as defined and described in the Federal Policy; and
( 2 ) Obtain “informed consent”, as defined and described in the Federal Policy, from the human research subject.
( d ) Nothing in this section relieves licensees from complying with the other requirements in this part.
[67 FR 20370, Apr. 24, 2002; 67 FR 62872, Oct. 9, 2002]
#### § 1040.89 Burden of proof.

The burden of proving that an age distinction or other action falls within the exceptions outlined in §§ 1040.86 and 1040.87 is on the recipient of Federal financial assistance.
§ 1705.07 Requests for correction of records. ( a ) *Correction requests.* Any person is entitled to request correction of a record pertaining to him or her. This request must be made in writing and should be addressed to Privacy Act Officer, Defense Nuclear Facilities Safety Board, 625 Indiana Avenue, NW., Suite 700, Washington, DC 20004. The letter should clearly identify the corrections desired. An edited copy of the record will usually be acceptable for this purpose.
( b ) *Initial response.* Receipt of a correction request will be acknowledged by the Privacy Act Officer in writing within five working days of receipt of the request. The Privacy Act Officer will endeavor to provide a letter to the requester within thirty working days stating whether or not the request for correction has been granted or denied. If the Privacy Act Officer decides to deny any portion of the correction request, the reasons for the denial will be provided to the requester.
EXHIBIT 32.01
CERTIFICATION PURSUANT TO 18 U.S.C. §1350 AS ADOPTEDPURSUANT TO SECTION906 OF THE SARBANES-OXLEY ACT OF 2002
       In connection with the quarterlyreport on Form 10-QSB of The Furia Organization, Inc. (the“Company”) for the quarter ended September 30, 2004, as filed withthe Securities and Exchange Commission on the date hereof (the“Report”), the undersigned President, Treasurer  and Chief FinancialOfficer of the Company each hereby certify, pursuant to 18 U.S.C. §1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
       1.  The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and
       2.  The information contained in theReport fairly presents, in all material respects the financial condition andresults of operations of the Company.
Dated: April 1, 2005
 
By: 
 /s/ Michael D. Alexander
   
Michael D. Alexander, Chief Executive Officer, Chief Accounting Officer andPrincipal Financial Officer

****
<Page>

Exhibit No. 12.
Questar Pipeline Company and Subsidiaries
Ratio of Earnings to Fixed Charges
(Unaudited)

<Table>
<Caption>
                                                12 Months Ended
                                                   March 31,
                                               2002         2001
                                             -------      -------
                                            (Dollars in Thousands)
<S>                                         <C>          <C>
Earnings

Income before income taxes                   $46,523      $44,180
Plus debt expense                             18,316       17,154
Plus allowance for borrowed
   funds used during construction              3,442        3,299
Plus interest portion of rental expense          376          363
                                             -------      -------
                                             $68,657      $64,996
                                             =======      =======
Fixed Charges

Debt expense                                 $18,316      $17,154
Plus allowance for borrowed
   funds used during construction              3,442        3,299
Plus interest portion of rental expense          376          363
                                             -------      -------
                                             $22,134      $20,816
                                             =======      =======
Ratio of Earnings to Fixed Charges (1)          3.10         3.12

</Table>

(1)  For the purposes of this presentation, earnings represent income before
income taxes and fixed charges. Fixed charges consist of total interest charges,
amortization of debt issuance costs and losses from reacquiring debt, and the
interest portion of rental costs, estimated at 50% for the purpose of this
calculation.
2007-2003.

#### State v. Harris.

Hamilton App. No. C-060691, 2007-Ohio-5127. On review of order certifying a conflict. The court determines that a conflict exists. Sua sponte, cause held for the decision in 2007-0595 and 2006-0651, *State v. Cabrales,*Hamilton App. No. C-050682, 2007-Ohio-857, and briefing schedule stayed.
EXHIBIT 35.2



LOGO

Report on Assessment of Compliance with Regulation AB Item 1123

Pursuant to Item 1123 of Regulation AB, a review of the TransCentras activities during the year ended December 31, 2017 (the Reporting
Period) and of its performance under the servicing agreement between TransCentra and American Express (the Servicing Agreement) has been made under the undersigned officers supervision. To the best of such officers
knowledge, based on such review, TransCentra has fulfilled its obligations under the Servicing Agreement in all material respects throughout the Reporting Period.



|                                
|--------------------------------
|/s/ Thomas K. Dolan             
|Thomas K. Dolan                 
|VP Information Security and Risk

February 1, 2018
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 21, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-21011

Conference Calendar

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

AGUSTIN MONDRAGON-DIAZ, also known as Augustine Mondragon, 

also known as Augustine Mondragon-Diaz

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:06-CR-331-ALL

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

PER CURIAM:*

Agustin Mondragon-Diaz (Mondragon) appeals his guilty-plea conviction

and 30-month sentence for unlawful reentry following deportation, in violation

of 8 U.S.C. § 1326. Mondragon asserts that his sentence is contrary to United

States v. Booker, 543 U.S. 220 (2005), and unreasonable as a matter of law. He
No. 06-21011

2

contends that this court’s post-Booker decisions have effectively reinstated the

mandatory guideline scheme condemned by Booker. 

Mondragon concedes thatthis argumentis foreclosed by circuit precedent,

but he raises it to preserve it in light of the Supreme Court’s grant of certiorari

in Rita v. United States, 127 S. Ct. 551 (2006), and Claiborne v. United States,

127 S. Ct. 551 (2006). However, Rita now has been decided, and the Supreme

Court has affirmed that a “court of appeals may apply a presumption of

reasonableness to a district court sentence that reflects a proper application of

the Sentencing Guidelines.” Rita v. United States, 127 S. Ct. 2456, 2462-69

(2007) (quote at 2462). Furthermore, the Supreme Court has vacated the

underlying Claiborne decision as moot due to the death of the petitioner.

Claiborne v. UnitedStates, 127 S. Ct. 2245 (2007), vacating as moot 439 F.3d 479

(8th Cir. 2006). In light of these decisions, Mondragon’s argument remains

foreclosed. 

Mondragon additionally challenges the constitutionality of § 1326(b)’s

treatment of prior felony and aggravated felony convictions as sentencing factors

rather than elements of the offense that must be found by a jury. Mondragon’s

constitutional challenge is foreclosed by Almendarez-Torres v. United States,

523 U.S. 224, 235 (1998). Although he contends that Almendarez-Torres was

incorrectly decided and that a majority of the Supreme Court would overrule it

in light of Apprendi v. New Jersey, 530 U.S. 466 (2000), we have repeatedly

rejected such arguments on the basis that Almendarez-Torres remains binding.

See United States v. Garza-Lopez, 410 F.3d 268, 276 (5th Cir. 2005); see also

Rangel-Reyes v. United States, 126 S. Ct. 2873 (2006); United States v.

Pineda-Arrellano, 2007 U.S. App. LEXIS 16925 (5th Cir. July 17, 2007).

Mondragon properly concedes that his argument is foreclosed in light of

Almendarez-Torres and circuit precedent, but he raises it here to preserve it for

further review. 
No. 06-21011

3

The judgment of the district court is AFFIRMED.
Case 3:06-cr-00204-MEF-CSC Document 28 Filed 12/01/2006 Page 1 of 1