alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Laurence Gailband, Petitioner, v Joseph J. Christian, as Chairman of the New York City Housing Authority, Respondent.

Proceeding pursuant to CPLR article 78 to review a determination of the New York City Housing Authority, dated March 19, 1980, which, after a hearing, found petitioner guilty of certain charges of misconduct and dismissed him from his position as a Housing Authority police officer. Petition granted to the extent that the determination is modified, on the law, by deleting therefrom the penalty of dismissal and substituting therefor a provision that the penalty shall *854be a suspension without pay from the Housing Authority police force for a period of two months. As so modified, determination confirmed, without costs or disbursements, proceeding otherwise dismissed on the merits, respondent is directed to reinstate petitioner to his position as Housing Authority police officer, with back pay (excluding payment for the two-month period of suspension), less the amount of compensation earned in any other employment or occupation and any unemployment benefits he may have received, and proceeding remitted to Special Term for a determination, after a hearing, of whether back pay should be further reduced in accordance with the guidelines set forth in our decision in *Matter of Short v Nassau County Civ. Serv. Comm.*(59 AD2d 157). Under the totality of the circumstances at bar, including an unblemished record of more than 15 years’ duration, the penalty of dismissal was grossly disproportionate to the nature of the petitioner’s misconduct so as to be shocking to one’s sense of fairness (see *Matter of Pell v Board of Educ.,*34 NY2d 222). Ordinarily, upon reaching such a conclusion, we would simply strike the penalty and remand the matter to the administrative agency for the imposition of an appropriate penalty other than dismissal (see *Rob Tess Rest. Corp. v New York State Liq.Auth.,*49 NY2d 874). Here, however, in overruling the decision of its trial officer and imposing the maximum permissible penalty of dismissal, the Housing Authority expressed, in no uncertain terms, its view of the seriousness of petitioner’s conduct. We sustain the authority’s factual findings in all respects, and hold only that the misconduct found did not warrant the petitioner’s dismissal. In our view, the maximum penalty the record will sustain is a suspension without pay for a period of two months. In light of the authority’s strong and unequivocal condemnation of the petitioner’s conduct, its demonstrated desire to impose the maximum permissible penalty, and the fact that the imposition of any lesser penalty would increase the authority’s potential liability for back pay, it is manifestly clear that, upon remand, the Housing Authority would impose the most severe penalty the record would allow. In view of these circumstances, and in order to avoid delay and repetitious proceedings, we deem it appropriate to delete the penalty of dismissal and impose the penalty of a two-month suspension without pay. Mollen, P. J., Hopkins, Mangano and Cohalan, JJ., concur.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 579 Engrossed in House (EH)]

H. Res. 579

                 In the House of Representatives, U.S.,

                                                     December 15, 2005.
Whereas Christmas is a national holiday celebrated on December 25; and
Whereas the Framers intended that the First Amendment to the Constitution of the 
        United States would prohibit the establishment of religion, not prohibit 
        any mention of religion or reference to God in civic dialog: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes the importance of the symbols and traditions of 
        Christmas;
            (2) strongly disapproves of attempts to ban references to Christmas; 
        and
            (3) expresses support for the use of these symbols and traditions, 
        for those who celebrate Christmas.
            Attest:

                                                                          Clerk.
```
IV 

109TH CONGRESS 

1ST SESSION H. RES. 584 

Providing for consideration of the bill (H.R. 752) to amend title XVIII 

of the Social Security Act to deliver a meaningful benefit and lower 

prescription drug prices under the Medicare Program. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2005 

Mr. BOSWELL submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Providing for consideration of the bill (H.R. 752) to amend 

title XVIII of the Social Security Act to deliver a meaningful benefit and lower prescription drug prices under 

the Medicare Program. 

1 Resolved, That immediately upon the adoption of this 

2 resolution the House shall without intervention of any 

3 point of order consider in the House the bill (H.R. 752) 

4 to amend title XVIII of the Social Security Act to deliver 

5 a meaningful benefit and lower prescription drug prices 

6 under the Medicare Program. The bill shall be considered 

7 as read. The previous question shall be considered as or8 dered on the bill to final passsage without intervening mo-
2 

HRES 584 IH 

1 tion except: (1) one hour of debate on the bill equally di2 vided and controlled by the chairman and ranking minor3 ity member of the Committee on Energy and Commerce; 

4 and (2) one motion to recommit. 

Æ
[Federal Register Volume 75, Number 242 (Friday, December 17, 2010)]
[Notices]
[Pages 79071-79072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31706]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Aviation Proceedings, Agreements Filed the Week Ending October 
30, 2010

    The following Agreements were filed with the Department of 
Transportation under the Sections 412 and 414 of the Federal Aviation 
Act, as amended (49 U.S.C. 1382 and 1384) and procedures governing 
proceedings to enforce these provisions. Answers may be filed within 21 
days after the filing of the application.
    Docket Number: DOT-OST-2010-0267.
    Date Filed: October 25, 2010.
    Parties: Members of the International Air Transport Association.
    Subject: Mail Vote 648--Resolution 010e, TC31 North & Central 
Pacific, Special Passenger Amending

[[Page 79072]]

Resolution, from USA to South East Asia, (Memo 0525), Intended 
effective date: 1 November 2010.

Renee V. Wright,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 2010-31706 Filed 12-16-10; 8:45 am]
BILLING CODE 4910-9X-P
223 So.2d 411

#### J. H. LYNCH DISTRIBUTING COMPANY, Inc. v. Ivy BONAVENTURE.

No. 49866.

June 13, 1969.

In re: Ivy Bonaventure applying for certiorari, or writ of review, to the Court of Appeal, First Circuit, Parish of East Baton Rouge. 220 So.2d 808.

Writ refused. On the facts found by the Court of Appeal the result is correct.

BARHAM, J.,

is of the opinion that the writ should be granted. The Court of Appeal found there was no contract between the parties, but then attempted to make an equitable award under C.C. Art. 1965. That article requires a consideration of "equity” to supply omissions *only*when there *is*a contract. C.C.P. Art. 862 is inapplicable. That article removed the requirement for prayer for general and equitable relief, but in no way affected our fact-pleading requirements. Neither the trial court opinion nor the facts found by the Court of Appeal have enlarged the pleadings so as to convert a suit based only upon contract into a damage suit. The Court of Appeal has reached outside the record and rendered a judgment in damages when the requirements for such a judgment have neither been pleaded nor factually met.
§ 54.37 Additional records and recordkeeping requirements. ( a ) The licensee shall retain in an auditable and retrievable form for the term of the renewed operating license or renewed combined license all information and documentation required by, or otherwise necessary to document compliance with, the provisions of this part.
( b ) After the renewed license is issued, the FSAR update required by 10 CFR 50.71(e) must include any systems, structures, and components newly identified that would have been subject to an aging management review or evaluation of time-limited aging analyses in accordance with § 54.21. This FSAR update must describe how the effects of aging will be managed such that the intended function(s) in § 54.4(b) will be effectively maintained during the period of extended operation.
[60 FR 22491, May 8, 1995, as amended at 72 FR 49560, Aug. 28, 2007]
§ 580.02 Definitions. ( a ) Terms defined in section 2 of the Natural Gas Policy Act of 1978 shall have the same meaning, as applicable, for purposes of this part, unless further defined in paragraph (b) of this section.
( b ) The following definitions are applicable to this part: ( 1 ) *Commercial establishment* means any establishment, (including institutions and local, state and federal government agencies) engaged primarily in the sale of goods or services, where natural gas is used for purposes other than those involving manufacturing or electric power generation.
( 2 ) *Essential agricultural use* means any use of natural gas: ( i ) For agricultural production, natural fiber production, natural fiber processing, food processing, food quality maintenance, irrigation pumping, crop drying; or
( ii ) As a process fuel or feedstock in the production of fertilizer, agricultural chemicals, animal feed, or food which the Secretary of Agriculture determines is necessary for full food and fiber production.
( 3 ) *Essential agricultural user* means any person who uses natural gas for an essential agricultural use as defined in paragraph (b)(2) of this section.
( 4 ) *Hospital* means a facility whose primary function is delivering medical care to patients who remain at the facility, including nursing and convalescent homes. Outpatient clinics or doctors' offices are not included in this definition.
( 5 ) *High-priority use* means any use of natural gas by a high-priority user as defined in paragraph (a)(6) of this section.
( 6 ) *High-priority user* means, in no specific order, any person who uses natural gas: ( i ) In a residence, or
( ii ) In a commercial establishment in amounts of less than 50 Mcf on a peak day; or
( iii ) In any school or hospital; or
( iv ) For minimum plant protection when operations are shut down, for police protection, for fire protection, in a sanitation facility, in a correctional facility, or for emergency situations pursuant to 18 CFR 2.78(a)(4).
( 7 ) *Interstate pipeline* means any person engaged in natural gas transportation subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act.
( 8 ) *Residence* means a dwelling using natural gas predominately for residential purposes such as space heating, air conditioning, hot water heating, cooking, clothes drying, and other residential uses, and includes apartment buildings and other multi-unit residential buildings.
( 9 ) *School* means a facility, the primary function of which is to deliver instruction to regularly enrolled students in attendance at such facility. Facilities used for both educational and non-educational activities are not included under this definition unless the latter are merely incidental to the delivery of instruction.
813.305-70 VA's imprest funds and third party drafts policy.       VA's Governmentwide commercial purchase card and/or convenience checks shall be used in lieu of imprest funds and third party drafts.    **Parent topic:** Subpart 813.3 - Simplified Acquisition Methods
322.810 Solicitation provisions and contract

clauses.

(h) The contracting officer shall insert the clause at 352.222-70, Contractor Cooperation in Equal

Employment Opportunity Investigations, in solicitations, contracts, and orders that include the

clause at FAR 52.222-26, Equal Opportunity.

Parent topic: Subpart 322.8 - Equal Employment Opportunity
H. Res. 4

In the House of Representatives, U.S.,

January 4, 2005.

Resolved, That the Clerk be instructed to inform the

President of the United States that the House of Representatives has elected J. Dennis Hastert, a Representative from

the State of Illinois, Speaker; and Jeffrey J. Trandahl, a citizen of the State of South Dakota, Clerk of the House of

Representatives of the One Hundred Ninth Congress.

Attest:

Clerk.
#### The People of the State of New York, Respondent, v. Edwin Joseph Gould, Appellant.

Appeal by defendant from a judgment of the County Court, Orange County, rendered November 10, 1966 upon resentence, convicting defendant of robbery in the first degree, grand larceny in the first degree and assault in the second degree, upon a jury verdict, and sentencing him as a third felony offender to a prison term of not less than 20 years or more than 30 years. By a prior decision this court held the appeal in abeyance and remitted the case to the County Court for a hearing and determination upon the issue of defendant’s sanity at the time of trial *(People*v. *Gould,*29 A D 2d 668). The hearing has befen held and by memorandum dated September 27, *7861968 and order entered thereon dated October 11, 1968, the County Court has determined that defendant was sane at the time of trial. Both appellant and respondent have filed supplemental briefs, covering not only the proof adduced at the sanity hearing and issues of law arising thereon but the proof adduced at the trial. Judgment affirmed. No. opinion. Christ, P. J., Rabin, Hopkins, Munder and Brennan, JJ., concur.
§ 39.73 Documents and records required at field stations. Each licensee shall maintain the following documents and records at the field station: ( a ) A copy of parts 19, 20, and 39 of NRC regulations;
( b ) The license authorizing the use of licensed material;
( c ) Operating and emergency procedures required by § 39.63;
( d ) The record of radiation survey instrument calibrations required by § 39.33;
( e ) The record of leak test results required by § 39.35;
( f ) Physical inventory records required by § 39.37;
( g ) Utilization records required by § 39.39;
( h ) Records of inspection and maintenance required by § 39.43;
( i ) Training records required by § 39.61(d); and
( j ) Survey records required by § 39.67.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markm an Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra

, Justices

I, Corbin R. Davis, 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.

_________________________________________ Clerk June 25, 2012

h0618 

# Order

June 25, 2012

144043(43)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 144043

COA: 298400

Muskegon CC: 09

- 057501

- FC

BERNARD JAMES MOORE,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s March 5,

2012 order is considered, and it i s DENIED, because it does not appear that the order was

entered erroneously.
IV 

109TH CONGRESS 

1ST SESSION H. RES. 545 

Expressing the sense of the House of Representatives on the arrest of Sanjar 

Umarov in Uzbekistan. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 10, 2005 

Ms. ROS-LEHTINEN (for herself, Mr. ACKERMAN, Mrs. BLACKBURN, and Mr. 

FORD) submitted the following resolution; which was referred to the Committee on International Relations 

RESOLUTION 

Expressing the sense of the House of Representatives on 

the arrest of Sanjar Umarov in Uzbekistan. 

Whereas the United States supports the development of democracy, free markets, and civil society in Uzbekistan 

and in other states in Central Asia; 

Whereas the rule of law, the impartial application of the law, 

and equal justice for all courts of law are pillars of all 

democratic societies; 

Whereas Sanjar Umarov was reportedly arrested in 

Tashkent, Uzbekistan, on October 22, 2005; 

Whereas Sanjar Umarov is a businessman and leader of the 

Uzbek opposition party, Sunshine Coalition; 
2 

•HRES 545 IH 

Whereas Sanjar Umarov was reportedly taken into custody 

on October 22, 2005, during a crackdown on the Sunshine Coalition that included a raid of its offices and seizure of its records; 

Whereas Sanjar Umarov was reportedly charged with grand 

larceny; 

Whereas press accounts report that representatives of Sanjar 

Umarov claim that Mr. Umarov was drugged and abused 

while at his pretrial confinement center in Tashkent, 

Uzbekistan, but such accounts could not be immediately 

confirmed, and official information about the health, 

whereabouts, and treatment while in custody of Mr. 

Umarov has thus far been unavailable; 

Whereas the United States has expressed its serious concern 

regarding the overall state of human rights in Uzbekistan 

and is seeking to clarify the facts of this case; 

Whereas the European Union (EU) and the Organization for 

Security and Cooperation in Europe (OSCE) have expressed concern about the arrest and possible abuse of 

Sanjar Umarov; and 

Whereas the Government of Uzbekistan is party to various 

treaty obligations, and in particular those under the 

International Covenant on Civil and Political Rights, 

which obligate governments to provide for due process in 

criminal cases: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) the law enforcement and judicial authorities 

4 of Uzbekistan should ensure that Sanjar Umarov is 

5 accorded the full measure of his rights under the 
3 

•HRES 545 IH 

1 Uzbekistan Constitution to defend himself against 

2 any and all charges that may be brought against 

3 him, in a fair and transparent process, so that indi4 vidual justice may be done; 

5 (2) the Government of Uzbekistan should ob6 serve its various treaty obligations, especially those 

7 under the International Covenant on Civil and Polit8 ical Rights, which obligate governments to provide 

9 for due process in criminal cases; and 

10 (3) the Government of Uzbekistan should pub11 licly clarify the charges against Sanjar Umarov, his 

12 current condition, and his whereabouts. 

Æ
# Subpart 1804.1—Contract Execution

**Parent topic:**PART 1804—ADMINISTRATIVE MATTERS

## 1804.170 Contract effective date.

“Contract effective date” means the date agreed upon by the parties for beginning the period of performance under the contract. In no case shall the effective date precede the date on which the contracting officer or designated higher approval authority signs the document. Costs incurred before the contract effective date are unallowable unless they qualify as precontract costs (see FAR 31.205–32) and the clause prescribed at 1831.205–70 is used.
#### DOSZTAL, Respondent, v. H. G. KOTTEN CO., Appellant.

(Supreme Court, Appellate Division, First Department.

January 29, 1915.)

Action by Hellene Dosztal, as administratrix, etc., against the H. G. Kotten Company.

G. P. Fall, of New York City, for appellant. Henry Leon Slobodin, of New York City, for respondent.

No opinion. Order affirmed, with costs. Order filed. See, also, 150 N. Y. Supp. 1083.
#### In the Matter of Albert J. Grant, Appellant, v. James M. Power et al., Constituting the Board of Elections of the City of New York, Respondents.

In a proceeding to validate petitions designating appellant as a candidate in the Democratic Party Primary Election to be held on June 23, 1970 for nomination for the public office of State Senator for the 8th Senatorial District, Queens County, the appeal is from a judgment of the Supreme Court, Queens County, entered June 10, 1970, which dismissed the proceeding. Judgment affirmed, without costs. No opinion. Rabin, Acting P. J., Munder, Martuscello, Latham and Benjamin, JJ., concur.
PGI 225.870-1 General.

(d)(i) The Canadian Commercial Corporation uses provisions in contracts with Canadian or U.S.

concerns that give DoD the same production rights, data, and information that DoD would obtain in

contracts with U.S. concerns.

(ii) The Government of Canada will provide the following services under contracts with the Canadian

Commercial Corporation without charge to DoD:

(A) Contract administration services, including—

(1) Cost and price analysis;

(2) Industrial security;

(3) Accountability and disposal of Government property;

(4) Production expediting;

(5) Compliance with Canadian labor laws;

(6) Processing of termination claims and disposal of termination inventory;

(7) Customs documentation;

(8) Processing of disputes and appeals; and

(9) Such other related contract administration functions as may be required with respect to the

Canadian Commercial Corporation contract with the Canadian supplier.

(B) Audits. The Public Works and Government Services Canada (PWGSC) performs audits when

needed, for contracts overseen by the Canadian Commercial Corporation in accordance with

international agreement.

(C) Inspection. The Department of National Defence (Canada) provides inspection personnel,

services, and facilities, at no charge to DoD departments and agencies (see DFARS 225.870-7).

(iii) In accordance with DPAP Policy Memorandum dated June 5, 2013, PWGSC will perform audits

without charge to DoD, including accounting system and interim voucher reviews, when needed

for—

(A) DoD contracts awarded directly to Canadian firms;

(B) Subcontracts with Canadian firms under such direct contracts with Canadian firms; and

(C) Subcontracts with Canadian firms under DoD contracts with U.S. contractors.

Parent topic: PGI 225.870 Contracting with Canadian contractors.
Case 3:06-cv-00713-MHT-SRW Document 1 Filed 08/10/2006 Page 1 of 3
Case 3:06-cv-00713-MHT-SRW Document 1 Filed 08/10/2006 Page 2 of 3
Case 3:06-cv-00713-MHT-SRW Document 1 Filed 08/10/2006 Page 3 of 3
July 25, 2011

On July 25, a meeting was held with CEMEX. See attached list of attendees.

The meeting covered monitoring and measurement issues related to CEMEX and 

the 2010 Portland cement rule.
EXCUS
E



 ME,

you’re standing on

20 nematodes (microscopic parasites and predators), 

United States Environmental Protection Agency 2003 

Tip for Grown-ups: 

A healthy lawn always has critters 

that help keep pests under control! 

Remember: Pesticides can

kill the helpful critters 

that keep your soil healthy. 

Wise up to

WORMS 200,000 algae (microscopic plants),

yards of fungi,

thousands of protozoa,

and up to a billion bacteria...

in 1 teaspoon of soil! 

Why do you think robins tug so hard to pull earthworms from the soil? 

A baby robin will eat 14 feet 

of earthworms before it 

leaves the nest! 

19 

Label the clitellum, setae, 

and front end. 

Wor m - a - rama 

A cool, moist day or evening is a great 

time to find earthworms. Look in 

garden soil, vacant lots, lawns, parks, 

or pastures. 

1. Look at the soil surface. 

Castings are clues. 

2. Dig a spadeful of soil. Sort through 

it for earthworms. Look at them 

through a hand lens. Look for: 

Setae (bristles that help 

worms grip soil and crawl) 

Slime coating (keeps skin 

moist so worms can breathe) 

Front end (usually goes 

forward first) 

Clitellum ("collar" or band 

that's only on adult worms) 

3. After you study the worms, put 

them back on the soil, please. Worms can turn your old food into plant

food. Try vermicomposting (composting with worms). For tips on how to

vermicompost, see:

http://www.niehs.nih.gov/kids/worms.htm 

H

ealthy plants more easily resist pests. Good soil grows healthy 

plants. And earthworms help make good soil. 

Earthworms are little “soil plows.” They move bits of soil and 

make tunnels. This lets in air and water for animals and plants 

in the ground. Worms carry leaf bits and other materials into 

the soil, making it richer for plants. Earthworms eat soil and 

leave castings, little piles or pellets (“worm poop”). Castings 

hold nutrients that passed through the worm, and they 

improve the soil. Way to go, worms!