alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 21-0612

_________________

DALE YATSKO AND JANELLE YATSKO

d/b/a GREEN CREEK DISPENSARY,

 Plaintiff and Appellees,

 v.

CASCADE COUNTY, MONTANA,

 Defendant and Appellant.

O R D E R

_________________

Pursuant to the Internal Operating Rules of this Court, this cause is classified for 

submission on briefs to a five-justice panel of this Court. 

The Clerk is directed to provide a copy hereof to all counsel of record and to the 

Honorable Amy Eddy, District Judge.

For the Court,

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

September 14 2022

09/14/2022

Case Number: DA 21-0612
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON , D.C. 20460 OFFICE OF PREVENTION , PESTICIDES AND TOXIC SUBSTANCES

CERTIFIED MAIL Return Receipt Requested Mr. William M. Mahlburg Nufarrn Americas Inc. Burr Ridge, IL 60527 Subject: Suspension ofRegistration ofPesticide Product(s) Containing 2,4-D for Failure to comply with the 2,4-D Section 4 Phase 5 Reregistration Eligibility Document Data Call-In Notice dated March 2,2007.
Dear SirlMadam: This letter gives you notice that the pesticide product registration(s) listed in Attachment I will be suspended 30 days from your receipt ofthis letter unless you take steps within that time to prevent this Notice from automatically becoming a final and effective order ofsuspension. The Agency's authority for suspending the registrations ofyour products is section 3(c)(2)(B) ofthe Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Upon becoming a final and effective order ofsuspension, any violation ofthe order will be an unlawful act under section 12(a)(2)(J) ofFIFRA.
You are receiving this Notice ofIntent to Suspend because you have failed to comply with the terms ofthe Phase 5 Reregistration Eligibility Decision Document Data Call-In Notice imposed pursuant to section 4(g)(2)(B) and section 3(c)(2)(B) ofFIFRA. The specific basis for issuance ofthis Notice is stated in the Explanatory Appendix (Attachment III) to this Notice. The affected product(s) and the requirement(s) which you failed to satisfy are listed and described in the following three attachments: Attachment I Attachment II Attachment III Suspension Report

- Product List Suspension Report

- Requirement List Suspension Report

- Explanatory Appendix The suspension ofthe registration ofeach product listed in Attachment I will become final unless at least one ofthe following actions is completed. 1. You may avoid suspension under this Notice ifyou or another person adversely affected by this Notice properly request a hearing within 30 days ofyour receipt ofthis Notice. If you request a hearing, it will be conducted in accordance with the requirements ofsection 6(d) ofFIFRA and the Agency's Procedural Regulations in 40 CFR Part 164.



### 1
41664.

#### BRAZELL v. ANDERSON et al.

Eberhardt, Judge.

1. Where the natural mother of a child has not given her written consent to its adoption and she has not abandoned her rights to it, the superior court is without power to grant an order of adoption to third parties. *Code*§ 74-403. This is true although the natural father may have given his written consent to the adoption.

2. The mere leaving of a child in custody of another for a length of time (here, approximately nine years) does not constitute abandonment. *Johnson v. Strickland,*88 Ga. App. 281 (76 *16SE2d 533); *Holbrook v. Rodgers,*105 Ga. App. 219 (124 SE2d 443). Failure to supply the child with the necessities of life, though an element of abandonment, is not alone sufficient, and this is particularly true as to the natural mother, the duty of affording the necessities being that of the father. *Code*§ 74-105; *Blue Ridge Park Nurseries v. Owen,*41 Ga. App. 98 (4) (152 SE 485).

Submitted January 10, 1966

Decided January 20, 1966.

*Dawson & Phillips, Richard D. Phillips,*for appellant.

*R. L. Carr,*for appellees.

3. The evidence fails to show an abandonment by the mother, and since she has given no written consent to the child’s adoption, the granting of the order was error.

*Judgment reversed.*

*Bell, P. J., and Jordan, J., concur.*
#### § 18b.23 Service; how made.

Service shall be made by personal delivery of one copy to each person to be served or by mailing by first-class mail, properly addressed with postage prepaid. When a party or amicus has appeared by attorney or other representative, service upon such attorney or representative, will be deemed service upon the party or amicus. Documents served by mail preferably should be mailed in sufficient time to reach the addressee by the date on which the original is due to be filed, and should be airmailed if the addressee is more than 300 miles distant.
Filed: October 18, 1996 UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7159 (CR-92-142, CA-96-217-R) United States of America, Plaintiff - Appellee, versus Ronson O'Shea Barnwell, Defendant - Appellant.

ORDER The Court amends its opinion filed October 15, 1996, as follows: On the cover sheet, section 4 -- the decision line is completed to show the decided date -- "Decided: October 15, 1996 ." For the Court - By Direction /s/ Patricia S. Connor Clerk2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7159 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RONSON O'SHEA BARNWELL, Defendant - Appellant.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Chief District Judge. (CR-92-142, CA-96-217-R) Submitted: October 3, 1996 Decided: October 15, 1996 Before ERVIN, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronson O'Shea Barnwell, Appellant Pro Se. Ruth Elizabeth Plagenhoef, Assistant United States Attorney, Roanoke, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).3 PER CURIAM: Appellant appeals from the district court's order denying Appellant's motion for reconsideration. We have reviewed the record and the district court's opinion and find no reversible error. See Bailey v. United States, ___ U.S. ___, 64 U.S.L.W. 4039 (U.S. Dec.6, 1995) (No. 94-7448); United States Sentencing Commission, Guidelines Manual , § 2D1.1(b)(1). Accordingly, we deny a certificate of appealability and dismiss. We dispense with oral argument becausethe facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
###### 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.

#### § 3.16 Service pension.

In computing the 70 or 90 days required under § 3.3(a) active service which began before or extended beyond the war period will be included if such service was continuous. Broken periods of service during a war period may be added together to meet the requirement for length of service.

[41 FR 18299, May 3, 1976, as amended at 44 FR 45932, Aug. 6, 1979]
#### § 1.934 Further review of compromise offers.

If VA is uncertain whether to accept a firm, written, substantive compromise offer on a debt that is within its delegated compromise authority, it may refer the offer to VA General Counsel or Regional Counsel or to the Civil Division or other appropriate division in the Department of Justice (DOJ), using a Claims Collection Litigation Report (CCLR) accompanied by supporting data and particulars concerning the debt. DOJ may act upon such an offer or return it to the agency with instructions or advice.

(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720)

[69 FR 62198, Oct. 25, 2004]
#### § 20.402 Rule 402. Time limits for filing Notice of Disagreement in simultaneously contested claims.

In simultaneously contested claims, the Notice of Disagreement from the person adversely affected must be filed within 60 days from the date of mailing of the notification of the determination to him or her; otherwise, that determination will become final. The date of mailing of the letter of notification will be presumed to be the same as the date of that letter for purposes of determining whether a Notice of Disagreement has been timely filed.

(Authority: 38 U.S.C. 7105A)
§ 21.5744 Charges against entitlement. ( a ) *Charges against entitlement to educational assistance.* ( 1 ) Except as provided in paragraph (a)(2) of this section VA will make a charge against an individual's entitlement to educational assistance of— ( i ) One month for each month of a term, quarter or semester— ( A ) For which the servicemember receives educational assistance, and
( B ) During which the servicemember is a full-time student; and
( ii ) One-half month for each month of a term, quarter or semester— ( A ) For which the individual receives educational assistance, and
( B ) During which the servicemember is a part-time student.
( 2 ) VA will prorate the entitlement charge if the individual— ( i ) Is a student for only part of a month, or
( ii ) The individual is a full-time student for part of a month and a part-time student for part of the same month.
( 3 ) The charge against entitlement to educational assistance should always equal the charge against entitlement to subsistence allowance for the same enrollment period.
( b ) *Charges against entitlement to subsistence allowance.* ( 1 ) For each individual, except servicemembers, VA will make a charge against an individual's entitlement to subsistence allowance of— ( i ) One month for each month the individual is a full-time student receiving subsistence allowance; and
( ii ) One-half for each month the individual is a part-time student receiving subsistence allowance.
( 2 ) Even though a servicemember may not receive subsistence allowance, VA will make a charge against a servicemember's entitlement to subsistence allowance of— ( i ) One month for each month of a term, quarter or semester— ( A ) For which the servicemember received educational assistance and
( B ) During which the servicemember is a full-time student; and
( ii ) One-half month for each month of a term, quarter or semester— ( A ) For which the servicemember received educational assistance, and
( B ) During which the individual is a part-time student.
( 3 ) VA will prorate the entitlement charge as stated in paragraph (b) (1) or (2) of this section during any month for which a servicemember receives educational assistance or for which the individual receives subsistence allowance— ( i ) For less than a full month, or
( ii ) At the full-time rate for part of a month and at the part-time rate for part of the same month.
(Authority: 10 U.S.C. 2142)
[Cite as Wise v. Ross Correctional Inst., 2010-Ohio-6620.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us 

ALVIN WISE 

 Plaintiff 

 v. 

ROSS CORRECTIONAL INST. 

 Defendant 

Case No. 2010-02944-AD 

Deputy Clerk Daniel R. Borchert 

ENTRY OF DISMISSAL 

{¶ 1} On August 26, 2010, plaintiff was ordered to pay the $25 filing fee or face 

dismissal of his case. Plaintiff has failed to comply with the court order. Therefore, 

plaintiff’s action is DISMISSED, without prejudice, pursuant to Civ.R. 41(B)(1). The 

court shall absorb the costs of this case. 

 ________________________________ 

 DANIEL R. BORCHERT 

 Deputy Clerk 

Entry cc: 

Alvin Wise, #339-417 Stephen A. Young 

P.O. Box 7010 Department of Rehabilitation 

Chillicothe, Ohio 45601 and Correction 

 770 West Broad Street 

 Columbus, Ohio 4322 

DRB/laa 

Filed 10/7/10 
Case No. 2010-02944-AD - 2 - ENTRY

Case No. 2010-02944-AD - 2 - ENTRY

Sent to S.C. reporter 1/21/11
Exhibit 32.1

                      AXA EQUITABLE LIFE INSURANCE COMPANY

          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 on Form 10-Q for the quarter ended June
30, 2005 of AXA Equitable Life Insurance Company (the "Company") as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Christopher M. Condron, Chairman of the Board, President and Chief Executive
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:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and

(2) the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.



                                  /s/ Christopher M. Condron
                                  --------------------------------------
                                  Christopher M. Condron
                                  Chairman of the Board,
                                  President and Chief Executive Officer

Date:  August 15, 2005
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-2041

JOSEPH C.V. FERRUSI,

Plaintiff - Appellant,

versus

JEFFREY M. EVANS; RUSSELL L. HAWES; DAVID

BADAL, III; DAVID M. BARR; JOHN A. PRIDDLE;

ROBERT A. MORRIS; PATRICK C. PALMORE; ABRAM

SHULSKY,

Defendants - Appellees.

No. 97-2660

JOSEPH C.V. FERRUSI,

Plaintiff - Appellant,

versus

JEFFREY M. EVANS; RUSSELL L. HAWES; DAVID

BADAL, III; DAVID M. BARR; JOHN A. PRIDDLE;

ROBERT A. MORRIS; PATRICK C. PALMORE; ABRAM

SHULSKY,

Defendants - Appellees.
2

Appeals from the United States District Court for the Eastern

District of Virginia, at Alexandria. James C. Cacheris, Senior

District Judge. (CA-96-1699-A)

Submitted: June 9, 1998 Decided: June 30, 1998

Before NIEMEYER and MICHAEL, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Joseph C.V. Ferrusi, Appellant Pro Se. John Minh Tran, Michael D.

Breen, GREENBERG, BRACKEN & TRAN, Alexandria, Virginia; John Murray

Ballenger, THOMAS, BALLENGER, VOGELMAN & TURNER, P.C., Alexandria,

Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
3

PER CURIAM:

Appellant appeals the district court’s orders granting Defendants’ motion to dismiss, motion for summary judgment and motion

for attorney’s fees, and denying Appellant’s motions for reconsideration. We have reviewed the record and the district court’s

opinions and orders and find no reversible error. Accordingly, we

affirm on the reasoning of the district court. Ferrusi v. Evans,

No. CA-96-1699-A (E.D. Va. Mar. 12, Apr. 21, July 9, Sept. 11 & 30,

& Nov. 19, 1997). We find counts I and III alleging defamation to

be barred by the statute of limitations under Virginia law. See

Va. Code Ann. §§ 8.01-247.1, 8.01-230 (Michie Supp. 1997). We deny

Appellees’ motion for sanctions in this court. 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
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§ 19.31 Supplemental statement of the case. ( a ) *Purpose and limitations.* A “Supplemental Statement of the Case,” so identified, is a document prepared by the agency of original jurisdiction to inform the appellant of any material changes in, or additions to, the information included in the Statement of the Case or any prior Supplemental Statement of the Case. The information furnished with the Supplemental Statement of the Case shall include a statement describing the available review options if the appellant elects review of the issue or issues on appeal in the modernized system. In no case will a Supplemental Statement of the Case be used to announce decisions by the agency of original jurisdiction on issues not previously addressed in the Statement of the Case, or to respond to a notice of disagreement on newly appealed issues that were not addressed in the Statement of the Case. The agency of original jurisdiction will respond to notices of disagreement on newly appealed issues not addressed in the Statement of the Case using the procedures in §§ 19.29 and 19.30 of this part (relating to statements of the case).
( b ) *When furnished.* The agency of original jurisdiction will furnish the appellant and his or her representative, if any, a Supplemental Statement of the Case if: ( 1 ) The agency of original jurisdiction receives additional pertinent evidence after a Statement of the Case or the most recent Supplemental Statement of the Case has been issued and before the appeal is certified to the Board of Veterans' Appeals and the appellate record is transferred to the Board;
( 2 ) A material defect in the Statement of the Case or a prior Supplemental statement of the Case is discovered; or
( 3 ) For any other reason the Statement of the Case or a prior Supplemental Statement of the Case is inadequate.
( c ) *Pursuant to remand from the Board.* The agency of original jurisdiction will issue a Supplemental Statement of the Case if, pursuant to a remand by the Board, it develops the evidence or cures a procedural defect, unless: ( 1 ) The only purpose of the remand is to assemble records previously considered by the agency of original jurisdiction and properly discussed in a prior Statement of the Case or Supplemental Statement of the Case; or
( 2 ) The Board specifies in the remand that a Supplemental Statement of the Case is not required.
( d ) *Exception.* Paragraph (b)(1) of this section does not apply in proceedings before the General Counsel conducted under part 14 of this chapter to cancel accreditation or to review fee agreements and expenses for reasonableness.
(Authority: 38 U.S.C. 5902, 5903, 5904; 38 U.S.C. 7105(d) (2016))
[67 FR 3104, Jan. 23, 2002, as amended at 73 FR 29879, May 22, 2008; 84 FR 178, Jan. 18, 2019]
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