alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 17-2531

___________________________

Heidi Ann Hill

lllllllllllllllllllll Plaintiff - Appellant

v.

Commissioner, Social Security Administration

lllllllllllllllllllll Defendant - Appellee

____________

Appeal from United States District Court 

for the District of Minnesota - Minneapolis

____________

 Submitted: May 14, 2018

Filed: May 31, 2018 

[Unpublished]

____________

Before SHEPHERD, KELLY, and GRASZ, Circuit Judges.

____________

PER CURIAM.
Heidi Ann Hill appeals the order of the district court affirming the

1

Commissioner’s denial of disability insurance benefits. Based on de novo review of

the record as a whole, this court agrees with the district court thatsubstantial evidence

supports the denial of benefits. See Harvey v. Colvin, 839 F.3d 714, 715 (8th Cir.

2016). To the extent Hill’s pro se brief challenges the ALJ’s credibility

determination, we conclude his finding is entitled to deference, because it was

supported by good reasons and substantial evidence. See Julin v. Colvin, 826 F.3d

1082, 1086 (8th Cir. 2016).

The judgment is affirmed. See 8th Cir. R. 47B.

______________________________

The Honorable Katherine M. Menendez, United States Magistrate Judge for

1

the District of Minnesota, to whom the case was referred for final disposition by

consent of the parties pursuant to 28 U.S.C. § 636(c).

-2-
# L_2016063EN.01004401.xml

| 10.3.2016 | EN | Official Journal of the European Union | L 63/44 |
| --- | --- | --- | --- |

10.3.2016

EN

Official Journal of the European Union

L 63/44

---

Corrigendum to Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts

(
  Official Journal of the European Communities L 395 of 30 December 1989
  )

On page 35, Article 5:

for:

‘Member States shall bring into force, before 1 December 1991,’,

read:

‘Member States shall bring into force, before 21 December 1991,’.

---
#### LITTLEFIELD, Respondent, v. GORDON, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

May 29, 1914.)

Action by Ira B. Littlefield against Anna Gordon.

PER CURIAM.

Judgment affirmed, with costs; and this court ends, from the evidence contained in the record, that on or about August 27, 1912, the defendant received of and from the plaintiff the check for the sum of $25 referred to in said written instrument of August 27, 1912, and thereafter indorsed the same by writing her name on the back thereof, and negotiated same, and has since retained the proceeds thereof.
§ 1120.615 Incorporation of national policy requirements into general terms and conditions by reference. For the same reason given in § 1120.515(b), DoD Components are strongly encouraged to construct the portion of their general terms and conditions addressing national policy requirements for awards to all types of recipient entities, including for-profit entities, by: ( a ) Incorporating the standard wording of each article of national policy requirements provided in the appendices to 2 CFR part 1122 into those general terms and conditions by reference; and
( b ) Stating any variations from that standard wording (*e.g.,* any added, omitted, or revised paragraphs, based on which national policy requirements apply to programs and recipients for which the general terms and conditions are used).
[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Page 81971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32690]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA115


Pacific Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Pacific Fishery Management Council's (Council) Highly 
Migratory Species Management Team (HMSMT) will hold a work session, 
which is open to the public.

DATES: The HMSMT work session will begin at 8:30 a.m. on Wednesday, 
January 19, 2011 and continue on Thursday, January 20, 2011, again 
beginning at 8:30 a.m. On both days the meeting will continue until 
business is completed.

ADDRESSES: The work sessions will be held at the Large Conference Room, 
U.S. Fish and Wildlife Offices, 6010 Hidden Valley Rd., Carlsbad, CA 
92011; telephone: (760) 431-9440.
    Council address: Pacific Fishery Management Council, 7700 NE 
Ambassador Place, Suite 101, Portland, OR 97220-1384.

FOR FURTHER INFORMATION CONTACT: Dr. Kit Dahl, Pacific Fishery 
Management Council; telephone: (503) 820-2280.

SUPPLEMENTARY INFORMATION: The HMSMT will discuss two topics. First, 
they will discuss characterization of fisheries catching North Pacific 
albacore tuna in preparation for developing potential management 
responses to a new stock assessment due to be completed in 2011. 
Second, the HMSMT will discuss potential improvements for categorizing 
and reporting landings data for west coast fisheries catching HMS. 
Informational topics, such as an update on Marine Recreational 
Information Program funded projects on the west coast, may also be 
discussed, time permitting.
    Although non-emergency issues not contained in the meeting agenda 
may be discussed, those issues may not be the subject of formal action 
during these meetings. Action will be restricted to those issues 
specifically listed in this document and any issues arising after 
publication of this document that require emergency action under 
section 305(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act, provided the public has been notified of the intent to 
take final action to address the emergency.

Special Accommodations

    The meetings are physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Ms. Carolyn Porter at (503) 820-2280 at least 5 
days prior to the meeting date.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: December 22, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-32690 Filed 12-28-10; 8:45 am]
BILLING CODE 3510-22-P
# L_2023173EN.01004701.xml

| 6.7.2023 | EN | Official Journal of the European Union | L 173/47 |
| --- | --- | --- | --- |

6.7.2023

EN

Official Journal of the European Union

L 173/47

---

DECISION OF THE EEA JOINT COMMITTEE No 143/2020

of 25 September 2020

amending Annex XX (Environment) to the EEA Agreement [2023/1401]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XX to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XX to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following point is inserted after point 21alj (Decision (EU) 2015/1814 of the European Parliament and of the Council) of Annex XX to the EEA Agreement:

| ‘21alk. | 32019 R 0856: Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (OJ L 140, 28.5.2019, p. 6).’ |
| --- | --- |

‘21alk.

32019 R 0856: Commission Delegated Regulation (EU) 2019/856 of 26 February 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council with regard to the operation of the Innovation Fund (OJ L 140, 28.5.2019, p. 6).’

Article 2

The text of Delegated Regulation (EU) 2019/856 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 26 September 2020, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1), or on the day of the entry into force of Decision of the EEA Joint Committee No 112/2020 of 14 July 2020 (2), whichever is the later.

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 25 September 2020.

For the EEA Joint Committee

The President

Sabine MONAUNI

---

(1)  
  OJ L 140, 28.5.2019, p. 6.

1

(*1)  No constitutional requirements indicated.

*1

(2)  Decision of the EEA Joint Committee No 112/2020 of 14 July 2020 amending Annex XX (Environment) to the EEA Agreement 2023/1372 (OJ L 172 6 July 2023 p. 33).

2

---
1

 

IN THE SUPREME COURT OF TENNESSEE

AT JACKSON

June 4, 2002 Session

 

STATE OF TENNESSEE v. RICHARD HALE AUSTIN

 Appeal from the Court of Criminal Appeals

Criminal Court for Shelby County

No. B-58357 C. Creed McGinley, Judge

 

No. W1999-00281-SC-DDT-DD - Filed September 16, 2002 

ADOLPHO A. BIRCH, JR., J., dissenting. 

In a line of dissents, I have maintained that the comparative proportionality

review process currently embraced by this Court fails. It fails because it does not operate

to protect defendants from the arbitrary and disproportionate imposition of the death

penalty. See, e.g., State v. Godsey, 60 S.W.3d 759, 793 (Tenn. 2001) (Birch, J.,

concurring and dissenting); State v. Bane, 57 S.W.3d 411, 431 (Tenn. 2001) (Birch, J.,

concurring and dissenting); State v. Chalmers, 28 S.W.3d 913, 923 (Tenn. 2000) (Birch,

J., concurring and dissenting); State v. Keen, 31 S.W.3d 196, 234 (Tenn. 2000) (Birch, J.,

dissenting). This case is no different. 

The predominant principle underlying comparative proportionality review is that

it is unjust to impose a death sentence upon one defendant when other defendants,

convicted of the same crimes with similar facts, receive sentences of life imprisonment

(with or without parole). Godsey, 60 S.W.3d at 793. Based on this principle, and

pursuant to Tennessee Code Annotated § 39-13-206(c)(1), this Court must conduct a

comparative proportionality review of every death sentence for the purpose of

“determining whether the death penalty is unacceptable in a particular case because it is

disproportionate to the punishment imposed on others convicted of the same crime.”

State v. Henderson, 24 S.W.3d 307, 314 (Tenn. 2000) (citing State v. Hall, 8 S.W.2d 593,

604 (Tenn. 1999)).

In theory, the comparative proportionality review protocol seems ideal and

workable; however, as I have often stated, albeit in gentler terms, it just does not work.

Three flaws ensure the unreliability of the review process: (1) the proportionality test is

so broad that nearly every sentence is pronounced proportionate; (2) the “pool” of cases

used for comparison is entirely too small; and (3) the review process itself is much too

subjective. Chalmers, 28 S.W.3d at 923 (Birch, J., concurring and dissenting). If this
2

Court is to adequately protect against the disproportionate imposition of the death

sentence, these flaws must be corrected. Bane, 57 S.W.3d at 431 (Birch, J., concurring

and dissenting).

Until the issues I have continually raised are addressed, I hold that this Court

cannot thoroughly and adequately fulfill its statutory duty to review death penalty cases

to ensure that a defendant’s death sentence is proportionate.

__________________________________ 

ADOLPHO A. BIRCH, JR.
[Federal Register Volume 75, Number 244 (Tuesday, December 21, 2010)]
[Notices]
[Page 80041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31953]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA098


Gulf of Mexico Fishery Management Council; Public Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Gulf of Mexico Fishery Management Council will convene a 
public meeting of the Outreach and Education Advisory Panel (AP).

DATES: The Outreach and Education AP meeting is scheduled to begin at 1 
p.m. on Tuesday, January 11, and end by 5 p.m. on Wednesday, January 
12, 2011.

ADDRESSES: The meeting will be held at the Gulf of Mexico Fishery 
Management Council, 2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607.
    Council address: Gulf of Mexico Fishery Management Council, 2203 N. 
Lois Avenue, Suite 1100, Tampa, FL 33607.

FOR FURTHER INFORMATION CONTACT: Charlene Ponce, Public Information 
Officer; telephone: (813) 348-1630.

SUPPLEMENTARY INFORMATION: During this Advisory Panel meeting, the 
Outreach and Education AP will receive an update on the Marine Resource 
Education Program, review a draft five-year strategic communication 
plan and proposed action items, as well as identify assignments and 
assign workgroups. The panel may also provide recommendations to the 
Council.
    Although other non-emergency issues not on the agenda may come 
before the Outreach and Education AP for discussion, in accordance with 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), those issues may not be the subject of formal action 
during these meetings. Actions of the Outreach and Education AP will be 
restricted to those issues specifically identified in the agenda and 
any issues arising after publication of this notice that require 
emergency action under Section 305(c) of the Magnuson-Stevens Act, 
provided the public has been notified of the Council's intent to take 
action to address the emergency.
    Copies of the agenda can be obtained by calling (813) 348-1630.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Trish Kennedy at the Council (see ADDRESSES) at 
least 5 working days prior to the meeting.

    Dated: December 16, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-31953 Filed 12-20-10; 8:45 am]
BILLING CODE 3510-22-P
Exhibit 34.13












Report of Independent Registered Public Accounting Firm



To the Board of Directors, PNC Financial Services Group, Inc.:



We have examined management’s assertion, included in the accompanying
Report on Assessment of Compliance with Regulation AB Servicing Criteria, that Midland Loan Services, a division of PNC Bank, National
Association (“Midland” or the “Company”) complied with the servicing criteria set forth in Item 1122(d)
of the Securities and Exchange Commission’s Regulation AB for all transactions serviced on the Enterprise!Loan Management
System (the “Platform”), as of December 31, 2015 and for the year then ended, excluding criteria 1122(d)(1)(iii), 1122(d)(3)(i)(B),
1122(d)(3)(i)(C), 1122(d)(3)(i)(D), 1122(d)(3)(ii), 1122(d)(3)(iii), 1122(d)(3)(iv), and 1122(d)(4)(xv), which the Company has
determined are not applicable to the servicing activities performed by it with respect to the Platform. Management is responsible
for the Company’s compliance with the servicing criteria. Our responsibility is to express an opinion on management’s
assertion based on our examination.



Our examination was conducted in accordance with attestation standards
of the Public Company Accounting Oversight Board (United States) and, accordingly, included examining, on a test basis, evidence
about the Company’s compliance with the applicable servicing criteria and performing such other procedures as we considered
necessary in the circumstances. Our examination included testing of selected asset-backed transactions and securities that comprise
the Platform, testing of selected servicing activities related to the Platform, and determining whether the Company processed those
selected transactions and performed those selected activities in compliance with the applicable servicing criteria. Our procedures
were limited to the selected transactions and servicing activities performed by the Company during the period covered by this report.
Our procedures were not designed to detect noncompliance arising from errors that may have occurred prior to or subsequent to our
tests that may have affected the balances or amounts calculated or reported by the Company during the period covered by this report.
We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination
on the Company’s compliance with the servicing criteria.



In our opinion, management’s assertion that Midland complied
with the aforementioned applicable servicing criteria as of and for the year ended December 31, 2015 for the Platform is fairly
stated, in all material respects.







February 25, 2016
**Marshall Islands**

**Marshall Island 1**
San Joaquin Valley TM

AIR PfILIUTIfll{ CflI{TRflL DISTRICT HEALTHY AIR LIVINGDecember 6, 2013

Mr. Mike Guzzetta, Manager

Rule Evaluation Section

California Air Resources Board

P.O. Box 2815

Sacramento, CA 95812

Dear Mr. Guzzetta:

Attached is the Rule Action Package for Rule 4702 (lnternal Combustion

Engines) adopted by the District's Governing Board on November 14,2013. We

request the California Air Resources Board (ARB) transmit this rule and the

appropriate documentation to the United States Environmental Protection

Agency (EPA) as a SIP revision.

Included in this Rule Action Package are the following attachments:

1. ARB SIP Completeness Checklist

2. ARB APCD/AQMD Rule Evaluation Form

3. Clean copy of Rule 4702

4. Underline/Strikeout Copy of Rule 4702

5. Governing Board Resolution

6. Governing Board Memo

7. Evidence of Public Hearing

8. Final Staff Report with appendices

lf you have any questions, please contact Anna Myers at (559) 230-6100 or by email at anna.myers@valleyair.org. The District thanks you and your staff for your

assistance.

tr

r of Strategies and Incentives

Attachments

Seyed Sadredin

Executive DirectorlAir Pollution Control 0f ficer

lllorthern Region

4800 Entsrpr¡se Way

Modesto, CA 95356-8718

TsL (209) 557.ô400 FAX: (209) 557.8475

Gentral ßegion (Main Officol

1990 E. Gettysburg Avenue

Fresno, CA 93726.0244

Tel:1559) 230.6000 FAX: (559) 230.6061

Southorn Rogion

34946 Flyover Court

Bakerslield, CA 93308.9725

Teh 661.392.5500 FAX: 861.392-5585

www.valleyair.org www.healthyaitliving.com Printodmr@ycHprps. O
§ 862.2 Scope. ( a ) This part applies to all persons or aircraft entering or otherwise within or above areas within the boundaries of lands or waters subject to the jursidiction, administration, or in the custody of the DOE at sites designated by DOE.
( b ) This part is not applicable to: ( 1 ) Aircraft operating pursuant to official business of the Federal Government;
( 2 ) Aircraft over-flying or in the process of landing pursuant to official business of a state or local law enforcement authority with prior notification to DOE; or
( 3 ) Aircraft in the process of landing on a DOE site due to circumstances beyond the control of the operator and with prior notification to DOE, if possible.
( c ) Aircraft in paragraphs (b)(2) and (b)(3) of this section are within the scope of this part upon landing at a DOE designated site.
PGI 213.302-3 Obtaining contractor

acceptance and modifying purchase orders.

Generally, use unilateral modifications (see FAR 43.103) for—

(1) No-cost amended shipping instructions if—

(i) The amended shipping instructions modify a unilateral purchase order; and

(ii) The contractor agrees orally or in writing; and

(2) Any change made before work begins if—

(i) The change is within the scope of the original order;

(ii) The contractor agrees;

(iii) The modification references the contractor’s oral or written agreement; and

(iv) Block 13D of Standard Form 30, Amendment of Solicitation/Modification of Contract, is

annotated to reflect the authority for issuance of the modification.

Parent topic: PGI 213.302 Purchase orders.
227 So.2d 592

#### NEW AMSTERDAM CASUALTY COMPANY v. Mr. and Mrs. William REDONDO, General Electric Company and Labiche’s, Inc.

No. 50106.

Nov. 10, 1969.

In re: New Amsterdam Casualty Company applying for certiorari or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 225 So.2d 230.

Writ refused. On the facts found by the Court of Appeal the result reached by it is correct.
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

PATRICIA BURKETT, Administratrix of the )

Estate of JEREMY BURKETT, deceased )

)

Plaintiff, )

)

v ) 1: 06-CV-00775-DRB

)

TIMOTHY EUGENE McCRAY and )

S.E. LUMBER COMPANY )

)

Defendants.

MOTION TO WITHDRAW 

COMES NOW, the undersigned and gives notice to this Honorable Court of

her withdrawal of counsel for the Defendant, Timothy Eugene McCray in this cause.

The undersigned represents Southern General Insurance Company, not its insured

Timothy Eugene McCray. The undersigned filed the Notice of Appearance for

Timothy Eugene McCray in error. The undersigned, Cindy L. Self is with the law

firm of LAMAR, MILLER, NORRIS, HAGGARD & CHRISTIE, P.C.

s/Cindy L. Self 

Cindy L. Self (SEL035)

Attorney for Defendant

Case 1:06-cv-00775-TFM Document 37 Filed 12/07/2006 Page 1 of 3
OF COUNSEL:

LAMAR, MILLER, NORRIS, HAGGARD & CHRISTIE, P.C.

501 Riverchase Parkway East

Suite 100

Birmingham, Alabama 35244

(205) 326-0000

CERTIFICATE OF SERVICE

I hereby certify that on December 7, 2006 I electronically filed the foregoing

with the Clerk of Court using CM/ECF which will send notification of such filing to

the following: 

David Jerome Harrison 

PO Box 994 

Geneva, AL 36340 

davidjharrison@centurytel.net

Christoffer Peter Bolvig, III 

Hall Conerly & Bolvig PC 

1400 Financial Center

505 North 20th Street 

Birmingham, AL 35203-2626

peter.bolvig@hallconerly.com

Bill Mudd, Esq. 

505 20 Street North th

Birmingham, AL 35203

billmudd@mhsolaw.com

Randolph H. Phillips, Esq. 

609 Pine Avenue

P.O. Box 2303

Albany, GA 31702

rhplaw@bellsouth.net

Case 1:06-cv-00775-TFM Document 37 Filed 12/07/2006 Page 2 of 3
David Woodham Rousseau, Esq. 

211 W Adams Street

Dothan, AL 36303-4401

rousseaulaw@graceba.net

Tommy Ray Scarbrough, Esq. 

119 S Foster Street

Suite 101

Dothan, AL 36301

trsllc@graceba.net

s/ Cindy L. Self

Of counsel

Case 1:06-cv-00775-TFM Document 37 Filed 12/07/2006 Page 3 of 3