alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## In the Court of Appeals Second Appellate District of Texas at Fort Worth

___________________________ No. 02

- 18

- 00175

- CV

___________________________

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2018

- 002073

- 1

Before Kerr, Pi ttman, and Birdwell, JJ.

Per Curiam Memorandum Opinion 

### B RIDGETTE 

### L ARRY 

### , Appellant

V



### . S ILVIA 

### D URAN 

### R AMIREZ 

### , Appellee2 MEMORANDUM OPINION AND JUDGMENT On October 24, 2018, we notified appellant that her brief had not been filed as the appellate rules require. See Tex. R. App. P. 38.6(a). We stated that we could
dismis s the appeal for want of prosecution unless , within ten days, appellant filed with the court an appellant ’ s brief and a n accompanying motion reasonably explaining the brief’s untimely filing an d why an extension was needed. See Tex. R. App. P. 10.5(b),
38. 8(a)(1), 42.3(b). We have gotten no response. Because appellant has failed to file a brief even after we afforded an opportunity to explain the initial failure, we dismiss the a ppeal for want of prosecution. See Tex. R. App. P. 38.8(a)(1), 42.3(b), 43.2(f)

.

Per Curiam
Delivered: December 6 , 2018
§ 601.300 Professional and technical services. ( a ) The prohibition on the use of appropriated funds, in § 601.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action, if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal contract, grant, loan, or cooperative agreement or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal contract, grant, loan, or cooperative agreement.
( b ) The reporting requirements in § 601.110 (a) and (b) regarding filing a disclosure form by each person, if required, shall not apply with respect to professional or technical services rendered directly in the preparation, submission, or negotiation of any commitment providing for the United States to insure or guarantee a loan.
( c ) For purposes of paragraph (a) of this section, “professional and technical services” shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting or a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action.
( d ) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation, or reasonably expected to be required by law or regulation, and any other requirements in the actual award documents.
( e ) Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.
( f ) Only those services expressly authorized by this section are allowable under this section.
**Exhibit 31.2****CERTIFICATIONS**I, Keith R. Phillips, Chief Financial Officer of Wellman, Inc., certify that:1. I have reviewed this quarterly report on Form 10-Q of Wellman, Inc.; 2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect tothe period covered by this report; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internalcontrol over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have: (a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to bedesigned under our supervision, to ensure thatmaterial information relating to the registrant,including its consolidated subsidiaries, is made knownto us by others within those entities, particularlyduring the period in which this report is beingprepared;  (b) Designed such internal control over financialreporting, or caused such internal control overfinancial reporting to be designed under oursupervision, to provide reasonable assurance regardingthe reliability of financial reporting and thepreparation of financial statements for externalpurposes in accordance with generally acceptedaccounting principles;  (c) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented inthis report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the endof the period covered by this report based on suchevaluation; and  (d) Disclosed in this report any change in theregistrant’s internal control over financial reportingthat occurred during the registrant’s most recentfiscal quarter that has materially affected, or isreasonably likely to materially affect, theregistrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors: a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and  b) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.   Date May 9, 2006 By: /s/ Keith R. Phillips     Chief Financial Officer
§ 590.311 Conferences. ( a ) Upon motion by a party, a conference of the parties may be convened to adjust or settle the proceedings, set schedules, delineate issues, stipulate certain issues of fact or law, set procedures, and consider other relevant matters where it appears that a conference will materially advance the proceeding. The Assistant Secretary or presiding official may delineate the issues which are to be considered and may place appropriate limitations on the number of intervenors who may participate, if two or more intervenors have substantially like interests.
( b ) A motion by a party for a conference shall include a specific showing why a conference will materially advance the proceeding.
( c ) Conferences shall be recorded, unless otherwise ordered by the Assistant Secretary or presiding official, and the transcript shall be made a part of the official record of the proceeding and available to the public.
§ 765.11 Reimbursable costs. ( a ) Costs for which a licensee may be reimbursed must be for remedial action that a licensee demonstrates is attributable to byproduct material generated as an incident of sales to the United States, as determined by the Department. These costs are equal to the total costs of remedial action at a site multiplied by the Federal reimbursement ratio established for the site. These costs must be incurred in the performance of activities, prior to or after enactment of UMTRCA, and required by a plan, portion thereof, or other written authorization, approved by NRC or by an Agreement State. Costs of remedial action shall be reimbursable only if approved by the Department in accordance with the provisions of this part.
( b ) In addition, costs of remedial action incurred by a licensee after December 31, 2007 must be in accordance with a plan for subsequent remedial action approved by the Department as specified in § 765.30.
( c ) Total reimbursement of costs of remedial action incurred at an active processing site that are otherwise reimbursable pursuant to the provisions of this part shall be limited as follows: ( 1 ) Reimbursement of costs of remedial action to active uranium processing site licensees shall not exceed $6.25, as adjusted for inflation, multiplied by the number of Federal-related dry short tons of byproduct material.
( 2 ) Aggregate reimbursement of costs of remedial action incurred at all active uranium processing sites shall not exceed $350 million. This aggregate amount shall be adjusted for inflation pursuant to § 765.12; and
( 3 ) Reimbursement of costs of remedial action at the active thorium processing site shall be limited to costs incurred for offsite disposal and shall not exceed $365 million. This amount shall be adjusted for inflation pursuant to § 765.12.
( d ) Notwithstanding the Title X requirement that byproduct material must be located at an active processing site on October 24, 1992, byproduct material moved from the Edgemont Mill in Edgemont, South Dakota, to a disposal site as a result of remedial action, shall be eligible for reimbursement in accordance with all applicable requirements of this part.
[59 FR 26726, May 23, 1994, as amended at 68 FR 32957, June 3, 2003]
Editorial Note on Part 63
Editorial Note: Nomenclature changes to part 63 appear at 81 FR 86909, Dec. 2, 2016.

§ 63.4 Communications and records. ( a ) Except as otherwise specified, in this part or in subpart J of part 2 of this chapter, all communications and reports concerning the regulations in this part and applications filed under them should be sent to the NRC as follows: ( 1 ) By mail addressed: ATTN: Document Control Desk; Director, Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
( 2 ) By hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; ATTN: Document Control Desk: Director, Office of Nuclear Material Safety and Safeguards; or,
( 3 ) Where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at *http://www.nrc.gov/site-help/e-submittals.html*; by e-mail to *MSHD.Resource@nrc.gov*; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information.
( b ) Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform if the copy or microform is authenticated by authorized personnel and the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records.
[66 FR 55792, Nov. 2, 2001, as amended at 68 FR 58815, Oct. 10, 2003; 74 FR 62683, Dec. 1, 2009; 80 FR 74981, Dec. 1, 2015]
§ 176.190 Award term—Wage rate requirements under Section 1606 of the Recovery Act. When issuing announcements or requesting applications for Recovery Act programs or activities that may involve construction, alteration, maintenance, or repair the agency shall use the award term described in the following paragraphs: ( a ) Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are incorporated in any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating).
( b ) For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14.
#### John Hachmann et al., Respondents, v County of Nassau et al., Defendants, and Jericho High School et al., Appellants.

[818 NYS2d 102]

In an action, inter alia, to recover damages for libel and slander, the defendants, Jericho High School, Jericho Union Free School District, Gerard J. Cairns, Isben Jeudy, and Claire Hochheiser, appeal from an order of the Supreme Court, Nassau County (Feinman, J.), dated July 18, 2005, which denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is modified, on the law, by adding thereto, after the word “denied,” the words “without prejudice to renewal after discovery is completed”; as so modified, the order is affirmed, without costs or disbursements.

In this action, inter alia, to recover damages for defamation for allegedly making a false complaint to Child Protective Services (hereinafter CPS), the defendants Jericho High School, Jericho Union Free School District, Gerard J. Cairns, Isben Jeudy, and Claire Hochheiser (hereinafter the defendants), moved for summary judgment alleging that they were immune from liability pursuant to Social Services Law § 419. Social Services Law § 419 provides that a person making a report of suspected child abuse to CPS is immune from liability if he or she acts in good faith, and that a school official acting in the scope of his or her employment is presumptively acting in good faith so long as the person is not guilty of “willful misconduct or gross negligence.”

In support of their contention that there was reasonable cause to believe that the child had been abused and that they were acting in good faith *(see Lentini v Page,*5 AD3d 914 [2004]; *Rine v Chase,*309 AD2d 796, 798 [2003]), the defendants submitted the affidavit of the defendant Gerard J. Cairns, the *953school principal, who stated that the complaint to CPS was based upon communications between the child and the school psychologist which were relayed to him. No affidavit from the school psychologist was submitted.

In opposition, the plaintiffs asserted that the allegations of child abuse were totally false and motivated by actual malice. The plaintiffs alleged that on November 7, 2003, when the complaint to CPS was made, the plaintiff John Hachmann had, earlier in the day, threatened to make a complaint to the superintendent about an issue relating to one of his son’s classes. The plaintiff John Hachmann contends that when he asked the principal why he called CPS, the principal stated “I can do anything I want to.” This was not refuted in the defendants’ reply to the plaintiffs’ opposition to their motion. Sufficient facts were alleged to raise an issue of fact as to malice *(see Stratakis v Ferncliff Manor Home for Handicapped,*308 AD2d 397, 398 [2003]).

Therefore summary judgment was properly denied at this juncture. However, the defendants should have been given an opportunity to renew their motion upon the completion of discovery *(Salm v Feldstein,*20 AD3d 469, 470 [2005]). Crane, J.P., Goldstein, Rivera and Dillon, JJ., concur.
Exhibit 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER
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 accompanying Quarterly Report of Wellman, Inc. (the "Company") on Form 10-Q for the period ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Keith R. Phillips, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 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.







|By/s/Keith R. Phillips
Chief Financial Officer and
Vice President
|-----------------------------------------------------------------
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 681 Engrossed in House (EH)]

H. Res. 681

                 In the House of Representatives, U.S.,

                                                         March 7, 2006.
Whereas engineers use their scientific and technical knowledge and skills in 
        creative and innovative ways to fulfill society's needs;
Whereas in just this past year, engineers have helped meet the major 
        technological challenges of our time--from rebuilding towns devastated 
        by natural disasters to designing an information superhighway that will 
        speed our country into the next century;
Whereas engineers are a crucial link in research, development, and demonstration 
        and in transforming scientific discoveries into useful products, and we 
        will look more than ever to engineers and their knowledge and skills to 
        meet the challenges of the future;
Whereas engineers play a crucial role in developing the consensus engineering 
        standards that permit modern economies and societies to exist;
Whereas the recent National Academy of Sciences report entitled ``Rising Above 
        the Gathering Storm'' highlighted the worrisome trend that fewer 
        students are now focusing on engineering in college at a time when 
        increasing numbers of today's 2,000,000 United States engineers are 
        nearing retirement;
Whereas the National Society of Professional Engineers through National 
        Engineers Week and other activities is raising public awareness of 
        engineers' positive contributions to our quality of life;
Whereas National Engineering Week activities at engineering schools and in other 
        forums are encouraging our young math and science students to see 
        themselves as possible future engineers and to realize the practical 
        power of their knowledge;
Whereas National Engineers Week has grown into a formal coalition of more than 
        70 engineering, education, and cultural societies, and more than 50 
        major corporations and government agencies;
Whereas National Engineers Week is celebrated during the week of George 
        Washington's birthday to honor the contributions that our first 
        President, a military engineer and land surveyor, made to engineering; 
        and
Whereas February 19 to 25, 2006, has been designated by the President as 
        National Engineers Week: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) will work with the engineering community to make sure that the 
        creativity and contribution of that community can be expressed through 
        research, development, standardization, and innovation; and
            (2) supports the goals and ideals of National Engineers Week and its 
        aims to increase understanding of and interest in engineering and 
        technology careers and to promote literacy in math and science.
            Attest:

                                                                          Clerk.
```
115TH CONGRESS 

1ST SESSION H. R. 954 

AN ACT 

To remove the use restrictions on certain land transferred 

to Rockingham County, Virginia, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 954 EH

1 SECTION 1. REMOVAL OF USE RESTRICTION. 

2 Public Law 101–479 (104 Stat. 1158) is amended— 

3 (1) by striking section 2(d); and 

4 (2) by adding the following new section at the 

5 end: 

6 ‘‘SEC. 4. REMOVAL OF USE RESTRICTION. 

7 ‘‘(a) The approximately 1-acre portion of the land re8 ferred to in section 3 that is used for purposes of a child 

9 care center, as authorized by this Act, shall not be subject 

10 to the use restriction imposed in the deed referred to in 

11 section 3. 

12 ‘‘(b) Upon enactment of this section, the Secretary 

13 of the Interior shall execute an instrument to carry out 

14 subsection (a).’’. 

Passed the House of Representatives July 11, 2017. 

Attest: 

Clerk. 

115TH CONGRESS 

1ST SESSION H. R. 954 

AN ACT 

To remove the use restrictions on certain land 

for other purposes. transferred to Rockingham County, Virginia, and