alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-7851
FRANK DOUGLAS, Plaintiff - Appellant, versus TAMMY SCOTT, Bank Teller; FIRST CITIZENS BANK, in Beech Island, South Carolina, Defendants - Appellees. Appeal from the United States District Court for the District ofSouth Carolina, at Columbia. Terry L. Wooten, District Judge. (CA02-2378) Submitted: February 6, 2003 Decided: February 13, 2003 Before WILKINS, MICHAEL, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Frank Douglas, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Frank Douglas appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Douglas v. Scott , No. CA-02-2378 (D.S.C. Nov. 6, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### § 3000.137 Who in the Department of Homeland Security may grant an exception to let an excluded person participate in a covered transaction?

Within the Department of Homeland Security, the Secretary of Homeland Security has delegated the authority to grant an exception to let an excluded person participate in a covered transaction to the Head of the Contracting Activity for each DHS component as provided in the OMB guidance at 2 CFR 180.135.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 953 Introduced in House (IH)]

109th CONGRESS
  2d Session
H. RES. 953

 Commending the Republic of Cyprus and thanking the Cypriot people for 
  their support and assistance in the evacuation of Americans fleeing 
                                Lebanon.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2006

 Mr. Bilirakis (for himself, Mr. Lantos, Mr. Rahall, Mrs. Maloney, Mr. 
Shays, Mr. Simmons, Mr. Weldon of Pennsylvania, Mr. Terry, Mr. Rothman, 
    Mr. Conyers, Mr. Holden, Mr. Holt, Mr. Hastings of Florida, Mr. 
 McGovern, Mr. McNulty, Ms. Watson, Mr. Payne, Mr. McCotter, Mr. Ney, 
Mr. Pallone, Mr. Spratt, Mr. Foley, Mr. Pearce, Mr. Crowley, Ms. Linda 
T. Sanchez of California, Mr. Meehan, Mr. Young of Florida, Mr. English 
of Pennsylvania, Mr. Shaw, Mr. Andrews, Mr. Scott of Virginia, and Mr. 
 Schiff) submitted the following resolution; which was referred to the 
                  Committee on International Relations

_______________________________________________________________________

                               RESOLUTION

 
 Commending the Republic of Cyprus and thanking the Cypriot people for 
  their support and assistance in the evacuation of Americans fleeing 
                                Lebanon.

Whereas there are an estimated 25,000 American citizens living in or visiting 
        Lebanon;
Whereas many of these American citizens are seeking to leave Lebanon as a result 
        of dangers of remaining in that war-torn country;
Whereas the Government of the Republic of Cyprus has launched a major effort to 
        support the evacuation of American citizens and others fleeing Lebanon;
Whereas at the request of the United States Embassy in Nicosia, the Cypriot 
        government has made its premises in Nicosia available to American 
        citizens as temporary residences until their departure from Cyprus can 
        be arranged;
Whereas the Department of State has expressed gratitude for the assistance 
        provided by the Cypriot Civil Defense Force and the Cypriot people in 
        the evacuation effort; and
Whereas the United States and Cyprus are close allies and share common interests 
        and values: Now, therefore, be it
    Resolved,  That the House of Representatives commends the Republic 
of Cyprus and thanks the Cypriot people for their support and 
assistance in the evacuation of Americans fleeing Lebanon.
                                 <all>
```
#### § 182.610 Controlled substance.

Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15.
#### Jerwil Realty Corp., Appellant, v. Pick-Quick-Jamaica, Inc., et al., Respondents.

In an action to recover addition,! rent under a lease and upon an account stated, plaintiff appeals from (1) an order of the Supreme Court, Westchester County, entered July 24, 1968, which denied its motion for summary judgment and granted defendants’ cross motion for summary judgment dismissing the complaint, and (2) a judgment of said court dated August 5, 1968 in favor of defendants, upon said order. Order modified, on the law, by striking therefrom the second ordering paragraph (which granted defendants’ cross motion) and substituting therefor a provision that defendants’ cross motion is denied. As so modified, order affirmed. Judgment vacated. Appellant is allowed a single bill of $10 costs and disbursements. In our opinion t! e language of paragraph 42 of the lease is ambiguous as to the extent of the tenant’s obligation to pay additional rent. This ambiguity is not resolved by the papers submitted, which disclose the existence of a triable issue of fact as *678to the intention of the parties. In these circumstances it was error to grant defendants summary judgment dismissing the complaint. 'Christ, P. J., Rabin, Munder, Martuscello and Benjamin, JJ., concur.
38498.

#### BELFOR v. LITTLE, Administrator, etc.

Townsend, Judge.

1. An acknowledgment signed by counsel for the defendant in error, immediately following the judge’s certificate on the bill of exceptions as follows: “Notice of the presentation of the within bill of exceptions only is hereby acknowledged” does not constitute an acknowledgment of service of the bill of exceptions, but only acknowledgment of notice of presentation to the trial court under *Code Ann.*§ 6-908.1. *Maloney v. Balkcom,*214 Ga. 194 (104 S. E. 2d 127). There being no acknowledgment, entry, or waiver of service of the bill of exceptions after its approval by the trial judge, the writ of error must be dismissed.

2. “Only that which precedes the judge’s certificate in order of arrangement may be considered as a part of the bill of exceptions. What follows the certificate, if anything, is merely an exhibit to the bill of exceptions and must be identified as such by reference thereto in *the bill of exceptions*and by appropriate identification by the signature of the trial judge thereon.” *Friedman v. Baxley,*100 Ga. App. 242 (1) (110 S. E. 2d 684). A purported brief of evidence, transcript of the proceedings, and a number of exhibits are attached to the bill of exceptions following the judge’s certificate thereon, but are not certified by the trial court, nor do they even appear to have been filed in the office of the clerk, nor does any evidence appear in the transcript of the record certified by the clerk. Even were service of the bill of exceptions waived, *627which it does not appear to have been, the record is not sufficiently complete to present any question for decision on any of the assignments of error.

Decided October 5, 1960

Rehearing denied October 25,1960.

*Harry W. Bclfor,*for plaintiff in error.

*John I. Kelley,*contra.

*Writ of error dismissed.*

*Carlisle and Frankum, JJ., concur. Gardner, P. J., not participating.*
§ 1.380 Where and under what conditions must the detained article of food be held? ( a ) You must hold the detained article of food in the location and under the conditions specified by FDA in the detention order.
( b ) If FDA determines that removal to a secure facility is appropriate, the article of food must be removed to a secure facility. A detained article of food remains under detention before, during, and after movement to a secure facility. FDA will also state in the detention order any conditions of transportation applicable to the detained article.
( c ) If FDA directs you to move the detained article of food to a secure facility, you must receive a modification of the detention order under § 1.381(c) before you move the detained article of food to a secure facility.
( d ) You must ensure that any required tags or labels under § 1.382 accompany the detained article during and after movement. The tags or labels must remain with the article of food until FDA terminates the detention order or the detention period expires, whichever occurs first, unless otherwise permitted by the authorized FDA representative.
( e ) The movement of an article of food in violation of a detention order issued under § 1.393 is a prohibited act under section 301 of the act (21 U.S.C. 331).
H. Res. 727 

In the House of Representatives, U. S., 

February 6, 2018. 

Resolved, That upon adoption of this resolution it shall 

be in order to take from the Speaker’s table the bill (H.R. 

1892) to amend title 4, United States Code, to provide for 

the flying of the flag at half-staff in the event of the death 

of a first responder in the line of duty, with the Senate 

amendment thereto, and to consider in the House, without 

intervention of any point of order, a motion offered by the 

chair of the Committee on Appropriations or his designee 

that the House concur in the Senate amendment with an 

amendment consisting of the text of Rules Committee Print 

115–58 modified by the amendment printed in the report of 

the Committee on Rules accompanying this resolution. The 

Senate amendment and the motion shall be considered as 

read. The motion shall be debatable for one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. The previous ques-
2 

•HRES 727 EH 

tion shall be considered as ordered on the motion to its adoption without intervening motion. 

Attest: 

Clerk.
#### § 782.1 Purpose.

The purpose of this regulation is to set forth policies and procedures for the filing and disposition of claims asserted against the Department of Energy of infringement of privately owned rights in patented inventions or copyrighted works.
§ 611.109 Audit and access to records. ( a ) The Agreement and related documents shall provide that: ( 1 ) DOE in conjunction with the Federal Financing Bank, as applicable, and the Borrower, shall keep such records concerning the project as are necessary, including the Application, Term Sheet, Conditional Commitment, Agreement, mortgage, note, disbursement requests and supporting documentation, financial statements, audit reports of independent accounting firms, lists of all project assets and non-project assets pledged as security for the loan, all off-take and other revenue producing agreements, documentation for all project indebtedness, income tax returns, technology agreements, documentation for all permits and regulatory approvals and all other documents and records relating to the Eligible Project, as determined by the Secretary, to facilitate an effective audit and performance evaluation of the project; and
( 2 ) The Secretary and the Comptroller General, or their duly authorized representatives, shall have access, for the purpose of audit and examination, to any pertinent books, documents, papers and records of the Borrower or DOE, as applicable. Such inspection may be made during regular office hours of the Borrower or DOE, as applicable, or at any other time mutually convenient.
( b ) The Secretary may from time to time audit any or all statements or certificates submitted to the Secretary. The Borrower will make available to the Secretary all books and records and other data available to the Borrower in order to permit the Secretary to carry out such audits. The Borrower should represent that it has within its rights access to all financial and operational records and data relating to the project financed by the loan, and agrees that it will, upon request by the Secretary, exercise such rights in order to make such financial and operational records and data available to the Secretary. In exercising its rights hereunder, the Secretary may utilize employees of other Federal agencies, independent accountants, or other persons.
( c ) Loan funds are being expended efficiently and effectively if documentation submitted and audits conducted under this section demonstrate that the borrower is making appropriate progress toward achieving the purpose for which the loan was originally made.
226 So.2d 769

#### STATE of Louisiana, Through the DEPARTMENT OF HIGHWAYS v. Milton K. GOLDBERG.

No. 49999.

Oct. 8, 1969.

In re: State of Louisiana, through the Department of Highways, applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Rapides. 223 So.2d 174.

Writ refused. The result is correct.

FOURNET, C. J., and McCALEB and BARHAM, JJ., are of the opinion the writ should be granted.
Editorial Note on Part 72
Editorial Note: Nomenclature changes to part 72 appear at 80 FR 74981, Dec. 1, 2015, and at 81 FR 86910, Dec. 2, 2016.

§ 72.12 Deliberate misconduct. ( a ) Any licensee, certificate holder, applicant for a license or certificate, employee of a licensee, certificate holder, or applicant for a license or certificate; or any contractor (including a supplier or consultant) or subcontractor, employee of a contractor or subcontractor of any licensee, certificate holder, or applicant for a license or certificate who knowingly provides to any licensee, certificate holder, applicant for a license or certificate, contractor, or subcontractor, any components, materials, or other goods or services that relate to a licensee's, certificate holder's, or applicant's activities subject to this part, may not: ( 1 ) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee, certificate holder or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license or certificate issued by the Commission; or
( 2 ) Deliberately submit to the NRC, a licensee, a certificate holder, an applicant for a license or certificate, or a licensee's, applicant's, or certificate holder's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
( b ) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.
( c ) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: ( 1 ) Would cause a licensee, certificate holder or applicant for a license or certificate to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license or certificate issued by the Commission; or
( 2 ) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, certificate holder, applicant, contractor, or subcontractor.
[63 FR 1900, Jan. 13, 1998]
#### § 422.12 Remedies for noncompliance.

USDA agencies' implementation procedures identify the administrative actions available to remedy a finding of research misconduct. Such actions may include the recovery of funds, correction of the research record, debarment of the researcher(s) that engaged in the research misconduct, proper attribution, or any other action deemed appropriate to remedy the instance(s) of research misconduct. The agency should consider the seriousness of the misconduct, including, but not limited to, the degree to which the misconduct was knowingly conducted, intentional, or reckless; was an isolated event or part of a pattern; or had significant impact on the research record, research subjects, other researchers, institutions, or the public welfare. In determining the appropriate administrative action, the appropriate agency must impose a remedy that is commensurate with the infraction as described in the finding of research misconduct.
IV 

115TH CONGRESS 

1ST SESSION H. RES. 63 

Recognizing the cultural and historical significance of Lunar New Year in 

2017. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 24, 2017 

Ms. MENG (for herself, Mr. ROYCE of California, Ms. JUDY CHU of California, 

Mr. TAKANO, Mr. AL GREEN of Texas, Ms. LEE, Mr. TED LIEU of California, Mr. GRIJALVA, Mrs. CAROLYN B. MALONEY of New York, Mr. 

MCNERNEY, Mrs. NAPOLITANO, Ms. ROYBAL-ALLARD, Mr. SCHIFF, Ms. 

SPEIER, Mr. VARGAS, Ms. VELA ́ZQUEZ, Mrs. WATSON COLEMAN, Mr. 

CONYERS, Mr. PETERS, Ms. HANABUSA, Ms. GABBARD, Mr. CROWLEY, 

Mrs. DAVIS of California, Ms. TITUS, Ms. LOFGREN, and Mr. SCOTT of 

Virginia) submitted the following resolution; which was referred to the 

Committee on Oversight and Government Reform 

RESOLUTION 

Recognizing the cultural and historical significance of Lunar 

New Year in 2017. 

Whereas Lunar New Year begins on the second new moon 

following the winter solstice, or the first day of the new 

year according to the lunisolar calendar, and extends 

until the full moon 15 days later; 

Whereas the 15th day of the new year, according to the 

lunisolar calendar, is called the Lantern Festival; 

Whereas Lunar New Year is often referred to as Spring Festival in various Asian countries; 


smartinez on DSK3GLQ082PROD with BILLS
2 

•HRES 63 IH 

Whereas many religious and ethnic communities use lunarbased calendars; 

Whereas Lunar New Year began in China more than 4,000 

years ago and is widely celebrated in East and Southeast 

Asia; 

Whereas the Asian diaspora has expanded the Lunar New 

Year celebration into an annual worldwide event; 

Whereas Lunar New Year is celebrated by millions of Asian 

Americans, and by many non-Asian Americans, in the 

United States; 

Whereas Lunar New Year is celebrated with community activities and cultural performances; 

Whereas participants celebrating Lunar New Year travel to 

spend the holiday reuniting with family and friends; and 

Whereas Lunar New Year is traditionally a time to wish 

upon others good fortune, health, prosperity, and happiness: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes the cultural and historical signifi3 cance of Lunar New Year; 

4 (2) in observance of this Lunar New Year, the 

5 Year of the Rooster, expresses its deepest respect for 

6 Asian Americans and all individuals throughout the 

7 world who celebrate this significant occasion; and 

8 (3) wishes Asian Americans and all individuals 

9 who observe this holiday a happy and prosperous 

10 new year. 

Æ 


smartinez on DSK3GLQ082PROD with BILLS
#### § 1120.610 Source of national policy requirements.

The source of national policy requirements to be included in a grant or cooperative agreement is 2 CFR part 1122.
Exhibit
10.3


TRIUMPH
GROUP, INC.


AMENDED
AND RESTATED DIRECTORS’ STOCK INCENTIVE PLAN


DEFERRED
STOCK UNIT AWARD AGREEMENT


Triumph Group, Inc. (the “Company”)
hereby awards to the director named below (the “Participant”) the number of
deferred stock units of the Company (the “Units”) in accordance with and
subject to the terms, conditions and restrictions of this Agreement together
with the provisions of the Amended and Restated Directors’ Stock Incentive Plan
(the “Plan”) of the Company, which Plan is incorporated herein by reference
(all capitalized terms used herein having the meanings assigned in the Plan
unless otherwise herein defined):


Name and Address of
Participant:


Number of Units Awarded:


Relevant Dates:  The following dates are applicable for this
Agreement:




 





 


Grant Date:




 





 


Vesting Date:




 





Additional Terms and
Conditions:


1.               Each Unit represents a hypothetical share of the Company’s common stock, $.001 par value per share (the “Stock”), and will at all times be equal in value to a share of Stock. The Units will be credited to the Participant in an account established for the Participant.
2.               The Units will vest on the earlier of the vesting date set forth above or the death of the Participant; provided, however, that in the event of a cessation of membership on the Board for any reason other than death, unvested Units will be forfeited or continue to vest pursuant to Section 8.2 of the Plan.  Vested Units will not be distributed in Stock to the Participant until his or her service as a director of the Company is terminated; provided that in no case will the Participant be entitled to receive Dividend Equivalents.
3.               This award is subject to the terms of the Plan, the terms and conditions of which will govern this Award to the extent not otherwise provided in this Agreement.  A copy of the Plan is being delivered to the Participant with this Agreement.


- HIGHLY RESTRICTED -
#### The People of the State of New York, Respondent, v Gerard Clifford, Appellant.

[813 NYS2d 313]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mullen, J.), rendered January 22, 2003, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and agree with the defendant’s assigned counsel that there are no nonfrivolous issues which could be raised on appeal. Counsel’s application for leave to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Paige,*54 AD2d 631 [1976]; *cf. People v Gonzalez,*47 NY2d 606 [1979]). Miller, J.P., Ritter, Luciano, Spolzino and Dillon, JJ., concur.
#### Maurice J. Chaikin, Appellant, v Long Island City YMCA, Respondent.

[814 NYS2d 733]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated January 12, 2005, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was playing the position of catcher without a face mask in a softball game in the defendant’s league when a batter swung at a pitch and hit him in the face with the bat. The plaintiff commenced this action against the defendant asserting that it supervised the game and owed him a duty to provide safety equipment and ensure that such equipment was used. After issue was joined, the defendant moved for summary *620judgment dismissing the complaint. The Supreme Court granted the motion on the ground that the plaintiff assumed the risk. We affirm.

The defendant established its prima facie entitlement to judgment as a matter of law by demonstrating that the plaintiff was an experienced softball player who assumed the risks inherent in playing the position of catcher without a face mask in a softball game *(see Marcano v City of New York,*99 NY2d 548 [2002]; *Giugliano v County of Nassau,*24 AD3d 504 [2005]).

In view of the foregoing, we need not reach the appellant’s remaining contention. Miller, J.P., Ritter, Goldstein and Lunn, JJ., concur.
Editorial Note on Part 180
Editorial Note: Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

§ 180.365 What must I do if I learn of information required under § 180.355 after entering into a covered transaction with a higher tier participant? At any time after you enter into a lower tier covered transaction with a person at a higher tier, you must provide immediate written notice to that person if you learn either that— ( a ) You failed to disclose information earlier, as required by § 180.355; or
( b ) Due to changed circumstances, you or any of the principals for the transaction now meet any of the criteria in § 180.355.