alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
, Appellant,

v.

PRECISION DIAGNOSTIC, INC., a/a/o LESDIE CONNER
, Appellee

.

No. 4D 21

- 178

[ April 19, 2023 ]

Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County ; Robert W. Lee , Judge; L.T. Case No. 15

- 12614 COCE (53)

and 17

- 6927 CACE (AP)

.

Nancy A. Copperthwaite and Marcy Levine Aldrich of Akerman LLP, Miami, for appellant.

David M. Caldevilla of de la Parte & Gilbert, P.A., Tampa, and Theophilos Poulopoulos and Paul G. Kluck of The Schiller Kessler Group, PLC, Fort Lauderdale, for appellee.

P ER C URIAM

.

This appeal arises out of a small claims suit brought by Precision Diagnostic, Inc., a s assignee of Lesdie Conner (“the Provider”)

, against State Farm Mutual Automobile Insurance Company (“the Insurer”)

, alleging that the Insurer did not pay the full amount owed under the policy. In a joint pre

- trial stipulation, the parties agreed that “[t] he main issue for the trier of fact is whether the language of State Farm’s 9810A policy, which is the applicable policy in relation to this claim, permits State Farm to limit reimbursement pursuant to the Schedule of Maximum Charges.”

Both parties moved for summary judgment. The arguments turned on differing interpretations of the policy language, a matter which has since been put to rest by the Florida Supreme Court. See MRI Assocs. of Tampa,

Inc. v. State Farm Mu t. Aut o. Ins. Co. , 3 34 So. 3d 577 (Fla. 2021). The trial court entered summary judgment for the Provider. Based on MRI Associates of Tampa , we reverse.2 T he Provider argues that there are remaining disputed factual issues related to the contents of the policy at the time o f issuance or renewal that preclude summary judgment. Based on stipulations the parties entered below, we reject the argument. We reverse the summary judgment and

remand for the trial court to enter summary judgment in favor of the

Insurer. See Progress ive Am. Ins. Co. v. Back on Track, LLC , 342 So. 3d 779, 793 (Fla. 2d DCA 2022).

Reversed and remanded with instructions.

M AY
, C IKLIN and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1127 Introduced in House (IH)]

<DOC>

115th CONGRESS
  2d Session
H. RES. 1127

    Supporting the goals and ideals of a National Move Over Law Day.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2018

Mr. Biggs submitted the following resolution; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                               RESOLUTION

 
    Supporting the goals and ideals of a National Move Over Law Day.

Whereas the House of Representatives wishes to recognize tow truck operators (as 
        defined by the Federal Highway Workers Association Manual of Uniform 
        Traffic Control Devices) as private sector responders;
Whereas due to the increasingly high rate of distracted drivers on the roadway, 
        the number of towing operators lost each year in the performance of 
        their duties has tragically risen to an average of 60;
Whereas nationally in 2017 the towing industry lost 46 towers, of which it is 
        aware, in roadside collisions;
Whereas every State has a ``move over'' law, which has correlated directly to a 
        safer environment along our Nation's roadsides for towers, law 
        enforcement, first responders, and stranded citizens;
Whereas these laws generally require motorists to move at least one lane over 
        when there is an emergency or rescue activity taking place on the 
        shoulder or side of the roadway; or, if unable to do so safely, to 
        alternatively slow down and pass the scene with caution; and
Whereas providing the towing industry and law enforcement an enhanced 
        opportunity to inform the motoring public about these laws is critical 
        to the public safety: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals and ideals of a National Move Over 
        Law Day;
            (2) urges the National Towing Foundation, as well as State 
        and regional industry organizations, to spread awareness and 
        promote the existence of, and adherence to, State move over 
        laws; and
            (3) urges the National Towing Foundation, and similar State 
        and regional organizations, to further educate the public on 
        the dangers and loss of life if the provisions and requirements 
        of State move over laws are not faithfully observed.
                                 <all>
```
2007-2317.

#### In re T.M.

Madison App. Nos. CA2007-04-016 and CA2007-05-020, 2007-Ohio-5789.

Cupp, J., dissents.
REGULATORY REVIEW LISTENING SESSION – REGION 8

3/10/11 – at CACI

COLORADO ASSOCIATION OF COMMERCE AND INDUSTRY (CACI)

Effort to redesign the definition of solid waste - Part 261 – Reclaiming activities. There was a good effort 

in 2008

Need regulations on aggregation; people are using the guidance as regulation

Nutrient Control sooner. EPA’s interpretations is not useful

Agency’s role in delegated States has gone too far with oversight

Ozone – Fuel Specification - Consider economic impacts in Colorado; very costly

EPA should expedite 

Support ‘Treatment as a State” permits

Minor Source Rule – when is it coming out?

Concerned with the State’s ability to issue permits

This review process should harmonize the regulations

What is the delay with the Clean Air Act State Implementation Plans?

EPA should publish an update on green house gasses

Need an update on EPA’s Fracking Study

Fracking Study – Industry looks forward to additional science

Concerns that Confidential Business Information is protected

Industry provides a variety of jobs, including green jobs
(logo) Deutsche Bank

 

1761 East St. Andrew Place

Santa Ana, CA 92705-4934

 

Tel 714 247 6000

Fax 714 247 6009 

 

 

ANNUAL STATEMENT AS TOCOMPLIANCE

 

COMM 2013-CCRE6

 

The undersigned, David Co, aDirector of Deutsche Bank Trust Company Americas, as the CertificateAdministrator (a "Certifying Servicer") under the Pooling andServicing Agreement, dated as of March 1, 2013 (the "Agreement"), byand among, Deutsche Mortgage & Asset Receiving Corporation, as Depositor,Wells Fargo Bank, National Association, as Master Servicer, Wells Fargo Bank,National Association, as Special Servicer, U.S. Bank National Association, asTrustee, Deutsche Bank Trust Company Americas, as Certificate Administrator,Paying Agent and Custodian, and Park Bridge Lender Services LLC, as OperatingAdvisor, here by certifies in accordance with Section 10.11of the Agreement:

 

A) A review of such CertifyingServicer's activities from January 1, 2016 to December 31, 2016 (the"reporting period") and of such Certifying Servicer's performanceunder the Agreement has been made under such officer's supervision and

B) That, as to the best ofsuch officer's knowledge, based on such review, such Certifying Servicer hasfulfilled all its obligations under the Agreement, in all material respectsthroughout the reporting period.

 

DEUTSCHE BANK TRUST COMPANYAMERICAS

as Certificate Administrator

 

/s/ David Co

BY: David Co 

Title: Director

Date: March 1, 2017
* 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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-40505 

Conference Calendar

 

UNITED STATES OF AMERICA,

 Plaintiff-Appellee,

versus

CARLOS DE LEON-CASTANEDA,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. M-97-CR-376-1

- - - - - - - - - -

October 22, 1998

Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges. 

PER CURIAM:*

Carlos De Leon-Castaneda appeals the sentence imposed by the

district court following his guilty-plea conviction of illegal

reentry into the United States following deportation, a violation

of 8 U.S.C. § 1326. He argues for the first time on appeal that

the district court erred and acted in violation of his right to

due process by imposing a sixteen-point enhancement pursuant to

U.S.S.G. § 2L1.2(b)(1)(A) for his Texas felony conviction for

possession of marijuana.
No. 98-40505 

-2-

We have reviewed the appellate record and the briefs of the

parties and find that the district court did not err in applying

§ 2L1.2(b)(1)(A), see United States v. Hinojosa-Lopez, 130 F.3d

691, 694 (5th Cir. 1997), and that De Leon-Castaneda’s

constitutional argument, is unfounded. See United States v.

Pearson, 910 F.2d 221, 223 (5th Cir. 1990); United States v.

Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc). 

AFFIRMED.
Introductory Remarks:

Model Evaluation Method

Tyler Fox

9th Conference on Air Quality Models

October 10, 2008
Third Essential Elemen

Promote continual development of appropriate model evaluation methto identify areas of improvement in modeling system (emissions, METscience), prioritize the research agacross the modeling community, anultimately improve model performain critical policy and science areas.

--8th Modeling Conference, Se
Community Multiscale Air Quality (C

MODEL EVALUATION FRAMEW

Dynamic EvaluationCan the model capture changes related to meteorological events or variations?Can the model capture changes related to emission reductions?

CMAQ-predicted concentration and depositionModel Inputs: meteorology and emissionsChemical transformation: gas, aerosol, and aqueous phasesTransport: advection and diffusionRemoval: dry and wet deposition

Diagnostic EvaluationAre model errors or biases caused by model inputs or by modeled processes?Can we identify the specific modeled process(es) responsible?

Are we getting 

the right answers?

ProbabilistiWhat is our conmodel-predicteHow do observcompare within range of model 

Operational EvaluatioHow do the model predicted compare to observed conceWhat are the overall temporprediction errors or biases?

Are we getting right 

answers for right (or wrong) reasons?

Can we capture observed changes in air quality?

What is our 

confidence in the 

model predictions?

Can we identify needed improvements for modeled 

processes or 

inputs?

SOURCE: Alice Gilliland, EPA/ORD
#### In re O’BRIEN et al.

(Supreme Court, Appellate Division, First Department.

July 10, 1914.)

In the matter of Morgan J. Ó’Brien and others.

No opinion. Application granted. Settle order on notice.
§ 200.446 Idle facilities and idle capacity. ( a ) As used in this section the following terms have the meanings set forth in this section: ( 1 ) Facilities means land and buildings or any portion thereof, equipment individually or collectively, or any other tangible capital asset, wherever located, and whether owned or leased by the non-Federal entity.
( 2 ) Idle facilities means completely unused facilities that are excess to the non-Federal entity's current needs.
( 3 ) Idle capacity means the unused capacity of partially used facilities. It is the difference between: ( i ) That which a facility could achieve under 100 percent operating time on a one-shift basis less operating interruptions resulting from time lost for repairs, setups, unsatisfactory materials, and other normal delays and;
( ii ) The extent to which the facility was actually used to meet demands during the accounting period. A multi-shift basis should be used if it can be shown that this amount of usage would normally be expected for the type of facility involved.
( 4 ) Cost of idle facilities or idle capacity means costs such as maintenance, repair, housing, rent, and other related costs, e.g., insurance, interest, and depreciation. These costs could include the costs of idle public safety emergency facilities, telecommunications, or information technology system capacity that is built to withstand major fluctuations in load, e.g., consolidated data centers.
( b ) The costs of idle facilities are unallowable except to the extent that: ( 1 ) They are necessary to meet workload requirements which may fluctuate and are allocated appropriately to all benefiting programs; or
( 2 ) Although not necessary to meet fluctuations in workload, they were necessary when acquired and are now idle because of changes in program requirements, efforts to achieve more economical operations, reorganization, termination, or other causes which could not have been reasonably foreseen. Under the exception stated in this subsection, costs of idle facilities are allowable for a reasonable period of time, ordinarily not to exceed one year, depending on the initiative taken to use, lease, or dispose of such facilities.
( c ) The costs of idle capacity are normal costs of doing business and are a factor in the normal fluctuations of usage or indirect cost rates from period to period. Such costs are allowable, provided that the capacity is reasonably anticipated to be necessary to carry out the purpose of the Federal award or was originally reasonable and is not subject to reduction or elimination by use on other Federal awards, subletting, renting, or sale, in accordance with sound business, economic, or security practices. Widespread idle capacity throughout an entire facility or among a group of assets having substantially the same function may be considered idle facilities.
§ 1401.315 What must I include in my drug-free awareness program? You must establish an ongoing drug-free awareness program to inform employees about— ( a ) The dangers of drug abuse in the workplace;
( b ) Your policy of maintaining a drug-free workplace;
( c ) Any available drug counseling, rehabilitation, and employee assistance programs; and
( d ) The penalties that you may impose upon them for drug abuse violations occurring in the workplace.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 712 Introduced in House (IH)]

109th CONGRESS
  2d Session
H. RES. 712

 Commending the United States men's and women's curling teams on their 
   accomplishments at the 2006 Winter Olympic Games in Torino, Italy.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2006

Mr. Peterson of Minnesota submitted the following resolution; which was 
             referred to the Committee on Government Reform

_______________________________________________________________________

                               RESOLUTION

 
 Commending the United States men's and women's curling teams on their 
   accomplishments at the 2006 Winter Olympic Games in Torino, Italy.

Whereas the 2006 Winter Olympic Games, which recently concluded in Torino, 
        Italy, were a resounding success;
Whereas the athletes of the United States men's and women's curling teams of the 
        2006 Winter Olympic Games reflected the ideals of the Olympic movement 
        by exhibiting determination, honor, sportsmanship, and excellence 
        throughout the competitions;
Whereas the athletes of the men's and women's curling teams played a prominent 
        role in the 2006 Winter Olympic Games and represented the talent and 
        diversity of the athletes of the United States;
Whereas the women's curling team consisted of the following members: Cassie 
        Johnson, Jamie Johnson, Jessica Schultz, Maureen Brunt, Courtney George, 
        and Coach Neil Does;
Whereas the men's curling team consisted of the following members: Pete Fenson, 
        Shawn Rojeski, Joe Polo, John Shuster, Scott Baird, and Coach Bob 
        Fenson;
Whereas both the men's and women's curling teams call the Bemidji Curling Club, 
        in Minnesota's 7th Congressional District, their home;
Whereas the men's and women's curling teams exhibited their skill, their mastery 
        of strategic play, and the ability to precisely execute when the 
        pressure was on; and
Whereas the combination of skill and determination helped the men's curling team 
        bring home the bronze medal for the United States: Now, therefore, be it
    Resolved, That the House of Representatives commends the athletes 
of the United States men's and women's curling teams for the grace, 
sportsmanship, and determination exhibited by the teams throughout the 
2006 Winter Olympic Games and for the accomplishments that flowed from 
the teams by maintaining the Olympic spirit on and off the field of 
competition.
                                 <all>
```
#### § 71.65 Additional requirements.

The Commission may, by rule, regulation, or order, impose requirements on any licensee, in addition to those established in this part, as it deems necessary or appropriate to protect public health or to minimize danger to life or property.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                            1543
<SECURITIES>                                         0
<RECEIVABLES>                                        6
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                  1549
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                    1549
<CURRENT-LIABILITIES>                               47
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                        1502
<TOTAL-LIABILITY-AND-EQUITY>                      1549
<SALES>                                              0
<TOTAL-REVENUES>                                   355
<CGS>                                                0
<TOTAL-COSTS>                                       25
<OTHER-EXPENSES>                                   151
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 104
<INCOME-PRETAX>                                     75
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                 75
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (246)
<CHANGES>                                            0
<NET-INCOME>                                     (171)
<EPS-PRIMARY>                                   (5.69)
<EPS-DILUTED>                                   (5.69)
        

</TABLE>
Amendment to the Custodian  Agreement



 Exhibit 10.3 
 February 8, 2010 
  

			
	The Bank of New York Mellon	  	BlackRock Asset Management International Inc.
	1010 Barclay Street, 22-W	  	400 Howard Street
	New York, NY 10286	  	San Francisco, CA 94105
	Attn: ADR Administration	  	Attn: Product Management Team – Intermediary
		  	Investors and Exchange-Traded Products Department

 Re: iShares® COMEX® Gold Trust 
 Ladies and Gentlemen: 
 Reference: is hereby made to the Custodian Agreement (the “Agreement”) dated as of January 19, 2005 between The Bank of
New York, a New York banking corporation, in its capacity as the trustee of the iShares® COMEX® Gold Trust (the “Trust”) and The Bank of Nova Scotia, a bank organized under the laws of Canada, pursuant to which the latter was
appointed custodian for the Trust. Capitalized terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement. 
 This letter will evidence our agreement, effective on the date hereof, to modify clause “(iii)” of Section 3(h) of the Agreement so that, as amended, it reads in its entirety as follows: 
 “(iii) after giving effect to the proposed deposit, the value of all Gold held in the Account would exceed $5 billion.” 

Expect as modified hereby, the Agreement shall continue in full force and effect. 
 This letter shall be governed by, and construed pursuant to, the laws of the State of New York, without giving effect to the conflict of laws principles thereof, other than Section 5-1401 of the
General Obligations Law. 
 Kindly indicate your agreement with the foregoing by countersigning a copy of this letter in the space provided
below. 
 Sincerely, 
  

			
	The Bank of Nova Scotia
		
	By:	 	/S/    RICHARD MASLOBI
	 Name:
	 	Richard Maslobi
	 Title:
	 	Managing Director
	
	Accepted and agreed to,
	
	 The Bank of New York Mellon, in its capacity as
 the Trustee of the iShares® COMEX® Gold Trust

		
	By:	 	/S/    PETER M. KEAVENEY
	 Name:
	 	Peter M. Keaveney
	 Title:
	 	Managing Director








 The Bank of New York Mellon 
 BlackRock Asset Management International, Inc. 
 (Page 2 of 2) 
 Consented to by: 
 BlackRock Asset Management
International Inc., in its capacity as 
 Sponsor of the iShares ® COMEX® Gold Trust 

 

			
		
	By:	 	/S/    JACK
GEE        
	Name:	 	Jack Gee
	 Title:
	 	Managing Director
Exhibit 32.1 Certification pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

In connection with the Quarterly Report of Calgon Carbon Corporation (the
Company) on Form 10-Q for the period ended March 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John S. Stanik, Chief Executive Officer of the Company, certify, pursuant
to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

(1) The Report fully
complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Report fairly
presents, in all material respects, the financial condition and result of operations of the Company for the periods presented therein.



|                                    
|------------------------------------
|                                    
|/s/ John S. Stanik                  
|                                    
|                                    
|Chief Executive Officer May 10,
2006

This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and
shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.