alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 30, 2019

t1023

Order 

Clerk

October 30, 2019

159679

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 159679

COA: 343245 

Saginaw CC: 16-042689-FH

CARL JOSEPH WARDELL,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the April 9, 2019 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
#### Ettie Ormond, Respondent, *v.*The Metropolitan Street Railway Co., Appellant.

(Supreme Court, Appellate Term,

May, 1899.)

Negligence — Passenger alighting from street car — Judgment against the weight of evidence. , .

Where the unsupported testimony of. the' plaintiff that she was thrown to the ground and Injured by the sudden starting of a street car at rest, from which she was alighting, is confuted by the con-' ductor and by two disinterested passengers and they, state that, against the conductor’s orders, the plaintiff stepped from the car before it had stopped, a judgment for the plaintiff will be reversed ■ as not justified by the evidence.

. Appeal from a judgment in favor of the plaintiff and against . the defendant, rendered in the Eleventh District Municipal Court, . borough of Manhattan.

Henry A. Robinson, for appellant.

Dudley R. Horton, for respondent.

Freedman, P. J.

This action was brought to recover damages sustained by the plaintiff, alleged to have been caused by the negligence of the defendant.

The only ground upon which a reversal of the .judgment- is asked for is that it is against the clear weight., of. evidence. The plaintiff was the only witness sworn in her .own behalf, and her testimony is wholly unsupported. She testifies that while a passen- ■ ger upon one' of the- defendant’s cars, and when near Twenty-*527sixth street, she signalled the conductor to stop the car; that the car stopped; that she caught hold of the brass rail of the car to aid her in alighting, when the car suddenly started, and that she there■upon was thrown violently to the ground.

This testimony was positively and unequivocally contradicted not only by the conductor of the car, but also by two disinterested witnesses. The latter testified that they sat in the car near the plaintiff; that the plaintiff gave the signal to stop the car; that while it was still in motion, and although told by the conductor to wait until the car stopped, she got off before it came to a stop, and by reason thereof was thrown to the ground. In view of this testimony, and the probabilities fairly deducible from all the facts and circumstances shown by the record, the judgment should be reversed.

MacLean, ¿7., concurring; Leventeitt, J.,- taping no part.

Judgment reversed, new trial ordered, with costs to appellant to abide event.
#### Ebenezer Cobb *against*Samuel Decker, jun.

ON CERTTORARI.

Service of summons by leaving a e°py with defendant, *(a)*

(a)

*Vigers vs. Mooney, Pen. *909. Despreaux vs. Barber, Pen. *1041. Penny vs. Harrison, 2 Gr. 24. Ballinger vs. Sharon, 2 Gr. 144. Polhemus vs. Perkins, 3 Gr. 435.*

OPINION of the Court.

Southard J.

The return of the constable of the service of the summons is in these words:' “ *July*19,1817, served by copy left with the wife of defendant. *Isaac Tuttle,*constable.” The words of the act of the legislature, directing the service, *{Bloom.*50) where it is not on the defendant himself, are, “ by leaving a copy thereof at his house or place of abode, in presence of some white person of the family, of the age of fourteen years, who shall be informed of the contents thereof.” The service in this instance, is therefore faulty, in two respects. 1. It does not appear, that the copy was left, “ at the house or place of abode” of the defendant. And 2. It does not appear, that the wife, to whom it was given, was “ informed of the contents thereof.” The service is therefore illegal and insufficient.

This error is not cured by the subsequent appearance of the defendant. When he appeared, he took exceptions to this service. The court ought to have listened to him, and dismissed the suit. If his appearance under such circumstances cures the *error; we place defendants in this predicament: when they have a summons illegally served, they must run the hazard of relying on their own opinion of its illegality, and the chance of protecting themselves by it, in getting a reversal, or they must appear, and thus cure the error. If this be correct, a summons may be served one hour before its return, and if the defendant appears to protest against the service, he is without remedy. Such a course of decision, would deprive a party of every benefit from the law which pre*134scribes a limited period, for the service of the writ. For this cause, in the opinion of the whole court,

Judgment must be reversed.
# C_2020011EN.01000101.xml

| 13.1.2020 | EN | Official Journal of the European Union | C 11/1 |
| --- | --- | --- | --- |

13.1.2020

EN

Official Journal of the European Union

C 11/1

---

EUROPEAN PARLIAMENT

2018-2019 SESSION

Sittings of 1 to 4 October 2018

The Minutes of this session have been published in OJ C 260, 2.8.2019.

TEXTS ADOPTED

---
#### Wilson License

*Cassin W. Craig,*for appellant.

*Daniel L. Quinlan, Jr.,*for Commonwealth.

*419October 20, 1955.

Knight, P. J.,

On January 13, 1955, appellant was involved in a motor vehicle accident on Second Street in Philadelphia. He was arrested, taken before a magistrate and held under bail for court on a charge of driving while under the influence of intoxicating liquor.

On June 1, 1955, a hearing was held before a representative of the Secretary of Revenue which was attended by appellant.

On July 12, 1955, appellant was notified by the Secretary of Revenue that his operator’s privilege had been suspended for six months for reckless driving.

At the hearing in the matter in this court, the Secretary of Revenue offered no testimony, but called the appellant for cross-examination. From the evidence thus adduced the following facts are found:

I. Appellant has been driving a motor vehicle for eight years. In 1954 his operator’s privilege was suspended for speeding.

II. On January 13, 1955, about 10 p.m., appellant was driving north on Second Street in Philadelphia. He thought he saw a person step off the curb in front of him and veered to his left, striking a car coming in the opposite direction. The collision occurred in the middle of the street. Appellant’s insurance company paid approximately $700 for personal injuries and property damage to the other car and its occupants.

III. Appellant was arrested at the scene, taken before a magistrate and held under bail for court on the charge of driving while under the influence of liquor. The case has not been disposed of as yet by the Philadelphia courts.

We can find no reckless driving in this case, unless, indeed, appellant was under the influence of intoxicating liquor. On that question appellant testifies he was not under the influence, although he admits having three of four beers and a sandwich before the accident.

*420So far as the criminal charge is concerned, appellant also has with him the presumption of innocence.

On this evidence we can do no other than set aside the suspension.

There is an additional reason why the suspension should be set aside. If appellant is found not guilty in Philadelphia of driving while under the influence, then there is no evidence at all of reckless driving.

On the other hand, if he is found guilty, then his operating privilege will automatically be revoked for one year. If the suspension stands and the revocation is imposed, he will be without his operating privilege for 18 months, or six months longer than the law provides for driving while under the influence.

And now, October 20, 1955, after hearing, the appeal of Charles Wilson is sustained, the decision of the Secretary of Revenue suspending the operating privilege of the said Charles Wilson is reversed and set aside.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than October 9, 2009.

**A. Federal Reserve Bank of Chicago**                     (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:                

*1. TRSD Holdings, LP*, Warren, Michigan, and Thomas Fabbri, as trustee of The Thomas Fabbri Revocable Trust, both of Sterling Heights, Michigan; to acquire voting shares of Level One Bancorp, Inc., and thereby indirectly acquire voting shares of Level One Bank, both of Farmington Hills, Michigan.                

Board of Governors of the Federal Reserve System, September 21, 2009.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E9-23134 Filed 9-24-09; 8:45 am]

BILLING CODE 6210-01-S
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of State

          - [Public Notice 6508]

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the objects in the exhibition: “Brucke: The Birth of Expressionism, 1905-1913,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Neue Galerie, New York, NY, from on or about February 26, 2009, until on or about June 29, 2009, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact Julie Simpson, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State (telephone: 202-453-8050). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

Dated: January 26, 2009.

C. Miller Crouch,

Assistant Secretary for Educational and Cultural Affairs, Department of State.

[FR Doc. E9-2325 Filed 2-3-09; 8:45 am]

BILLING CODE 4710-05-P
**
**Exhibit 35.1**

**SERVICER COMPLIANCE STATEMENT**

In connection with the Annual Report on Form 10-K of Santander Drive Auto Receivables Trust 2020-4 for the fiscal year ended December 31, 2022, (the “Report”), the undersigned, a duly authorized officer of Santander Consumer USA Inc. (the “Servicer”), does hereby certify andrepresent that: 

 
 1.
A review of the activities and performance of the Servicer under the Sale and Servicing Agreement, dated as ofNovember 24, 2020, among Santander Drive Auto Receivables LLC, Santander Consumer USA Inc., Santander Drive Auto Receivables Trust 2020-4 and Wells Fargo Bank, National Association (the“Agreement”) during the period that is the subject of the Report has been made under my supervision. 

 
 2.
To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under theAgreement in all material respects throughout the period that is the subject of the Report. 

 
SANTANDER CONSUMER USA INC.By: /s/ Marc WomackName: Marc WomackTitle: EVP, Head of OperationsDate: March 31, 2023By: /s/ Vikas GuptaName: Vikas GuptaTitle: TreasurerDate: March 31, 2023**
STEAM ELECTRIC CBI REPLACEMENT PAGE

EPA-HQ-OW-2009-0819

DCN: SE02089A5

THE FOLLOWING HAS BEEN REMOVED BECAUSE IT 

CONTAINS CONFIDENTIAL BUSINESS INFORMATION 

(CBI) PER 40 CFR PART 2, SUBPART B.
###### Editorial Note on Part 3

#### Editorial Note:

Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002.

#### § 3.557 [Reserved]
§ 21.9660 Rural relocation benefit. An individual eligible for educational assistance under this chapter is entitled to receive a one-time payment of $500 if the individual— ( a ) Resides in a county (or similar entity utilized by the Bureau of the Census) with less than 7 persons per square mile (as determined by the most recent decennial Census); and
( b ) Either— ( 1 ) Physically relocates at least 500 miles in order to pursue a program of education for which the individual receives educational assistance under this chapter; or
( 2 ) Travels by air to physically attend an institution of higher learning for pursuit of an approved program of education under this chapter if no other land-based method of transportation is available due to an absence of roads or other infrastructure; and
( 3 ) Has provided documentation required in § 21.9680(c).
(Authority: 38 U.S.C. 3318)
#### § 10.40 Payment on account of minor child.

Payments to a minor child shall be made to the legally constituted guardian, curator or conservator, or to the person found by the director to be otherwise legally vested with the care of the child.
§ 20.204 Rule 204. Who can file a Notice of Disagreement. ( a ) *Persons authorized.* A Notice of Disagreement may be filed by a claimant personally, or by his or her representative if a proper Power of Attorney is on record or accompanies such Notice of Disagreement.
( b ) *Claimant rated incompetent by Department of Veterans Affairs or under disability and unable to file.* If an appeal is not filed by a person listed in paragraph (a) of this section, and the claimant is rated incompetent by the Department of Veterans Affairs or has a physical, mental, or legal disability which prevents the filing of an appeal on his or her own behalf, a Notice of Disagreement may be filed by a fiduciary appointed to manage the claimant's affairs by the Department of Veterans Affairs or a court, or by a person acting as next friend if the appointed fiduciary fails to take needed action or no fiduciary has been appointed.
( c ) *Claimant under disability and able to file.* Notwithstanding the fact that a fiduciary may have been appointed for a claimant, an appeal filed by a claimant will be accepted.
(Authority: 38 U.S.C. 7105(b)(2)(A))
EXHIBIT 35.1








ANNUAL SERVICER COMPLIANCE STATEMENT PURSUANT TO ITEM 1123 OF REGULATION AB





CARMAX BUSINESS SERVICES, LLC








The undersigned, a duly authorized officer of CarMax Business Services, LLC, as Servicer pursuant to Section 3.10 of the Sale and Servicing Agreement dated as of July 1, 2020 (the "Sale and Servicing Agreement") among CarMax Auto Owner Trust 2020-3, as Issuer (the "Issuer"), CarMax Auto Funding LLC, as Depositor, and CarMax Business Services, LLC, as Servicer (the "Servicer"), does hereby certify that:





1. CarMax Business Services, LLC is, as of the date hereof, the Servicer under the Sale and Servicing Agreement.





2. The undersigned is duly authorized to execute and deliver this Officer's Certificate.





3. A review of the activities of the Servicer during the period beginning on March 1, 2022 and ending on February 28, 2023 and of the Servicer's performance under the Sale and Servicing Agreement was made under my supervision.  To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Sale and Servicing Agreement in all material respects throughout such period.








Capitalized terms used in this certificate and not otherwise defined herein have the meanings assigned to them in the Sale and Servicing Agreement.





IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Servicer, has duly executed this Officer's Certificate this 26th day of May, 2023.





CARMAX BUSINESS SERVICES, LLC





/s/ Andrew J. McMonigle


Andrew J. McMonigle


Vice President and Treasurer
§ 455.3 Other applicable regulations. Part 1002 of this title sets forth the following: ( a ) State plan requirements for excluding providers for fraud and abuse, and suspending practitioners convicted of program-related crimes.
( b ) The limitations on FFP for services furnished by excluded providers or suspended practitioners.
( c ) The requirements and procedures for reinstatement after exclusion or suspension.
( d ) Requirements for the establishment and operation of State Medicaid fraud control units and the rates of FFP for their fraud control activities.
[51 FR 34788, Sept. 30, 1986]
----

            COMMISSION REGULATION (EC) No 679/2005

of 29 April 2005         

fixing the refunds applicable to cereal and rice sector products supplied as Community and national food aid

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1) and in particular Article 13(3) thereof,

Having regard to Council Regulation (EC) No 3072/95 of 22 December 1995 on the common organisation of the market in rice (2) and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For Community and national food aid operations under international agreements or other supplementary programmes, and other Community free supply measures, the refunds applicable to cereals and rice sector products shall be as set out in the Annex.

Article 2

This Regulation shall enter into force on 1 May 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 April 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 329, 30.12.1995, p. 18. Regulation as last amended by Commission Regulation (EC) No 411/2002 (OJ L 62, 5.3.2002, p. 27).

(3)OJ L 288, 25.10.1974, p. 1.

----

ANNEX

to the Commission Regulation of 29 April 2005 fixing the refunds applicable to cereal and rice sector products supplied as Comunity and national food aid

----
#### § 18b.30 Notice of hearing or opportunity for hearing.

Proceedings are commenced by mailing a notice of hearing or opportunity for hearing to an affected applicant or recipient, pursuant to §§ 18.9 and 18a.5 of this chapter.
§ 21.5800 Courses. ( a ) *Courses permitted.* An individual may receive educational assistance and subsistence allowance only while receiving instruction in a postsecondary course offered at any institution in the United States (including the District of Columbia, the Commonwealth of Puerto Rico, Guam and the U.S. Virgin Islands) that is accredited by a nationally recognized accrediting agency or association or by an accrediting agency or association recognized by the Secretary of Education. (Authority: 10 U.S.C. 2142)
( b ) *Courses precluded.* An individual shall receive neither educational assistance nor subsistence allowance while pursuing any of the following courses: ( 1 ) A course offered at the secondary level or below;
( 2 ) A course offered by an institution located outside the United States (except in Guam, the Commonwealth of Puerto Rico and the U.S. Virgin Islands);
( 3 ) A course offered by a nonaccredited institution; and
( 4 ) Courses which do not require the student to receive instruction at the institution. These include— ( i ) Correspondence courses,
( ii ) Combination correspondence—residence courses, and
( iii ) Courses offered through independent study.
(Authority: 10 U.S.C. 2143)