alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 95-3314

Seth Paskon, M.D., * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. George Bay, Judy Thompson, * Jim Hocker, Fern Highley, * [UNPUBLISHED] Denton Hushaw, Roger Barr, * Dennis Fiebelman, Leon * Kreisler, Joe Hayes, Salem * Memorial District Hospital, * * Appellees. *

Submitted: March 11, 1996 Filed: July 17, 1996
Before MAGILL, HEANEY, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

PER CURIAM
. Seth Paskon, a medical doctor, fileda section 1983 claim in federal court against Salem M emorial District Hospital and several hospital board directors (defendants) after they denied him medical staff privileges at the hospital. He alleges that their actions violated his procedural and substantive due process rights under the Fourteenth Amendment and his Firs t Amendm ent free speech rights. Under supplemental jurisdiction, he als o asserts a state tort claim against the defendants. For the allege d violations, Paskon seeks only monetary damages, not reinstatement or any other form of equitable relief.

### After deciding Quackenbush , the Supreme Court also vacate d 1 

### our decision in Warmus v. Melahn , 62 F.3d 252 (8th Cir. 1995), in which we found Younger abstention applicable to a section 198 3 claim seeking damages only. Warmus v. Melahn , 1996 WL 30679 7 (U.S. June 10, 1996).
-2- When Pask on initiated his suit in federal court, he was alread y involv ed in state court review of the defendants' actions. I n consideration of the state proceedings, the district court relied on the Younge r abstention doctrine to dismiss Paskon's complaint. Younger v
. Harris , 40 1 U.S. 37, 44 (1971). Recently, in Quackenbush v. Allstat e Insur ance Co. , 116 S.Ct. 1712 (1996), the Supreme Court decided that a fed eral court has the power to abstain from exercising its jurisdictio n only i f the relief sought is equitable or otherwise discretionary. Id

. 1 at 1 728. In light of Quackenbush , the district court's dismissal o f Paskon's claim on abstention grounds cannot stand.

As an alternative basis for affirmin g the district court's decision, the defen dants urge us to consider the preclusive effect of th e adm inistrative findings and state court review. While we recognize ou r authority to affirm a judgment on any ground supported by the record, e.g. , Waller v. Groose , 38 F.3d 1007, 1008 (8th Cir. 1994), the record in this case has not been dev eloped adequately for consideration of res judicata. Specifically, the record does not contain the state court pleadings, the state court's order vacating the administrative decision, or the hearing transc ript from the subsequent administrative hearing and the record o n appeal. Without these documents, it is impossible to engage in th e appropriate analysis. We thus reverse the district court's dismissal of Paskon's complaint based on abstention and reman d the case for such future proceedings as the district court deems appropriate.

### -3- A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
§ 99.225 Sanctions. No audit costs may be charged to Federal awards when audits required by this part have not been made or have been made but not in accordance with this part. In cases of continued inability or unwillingness to have an audit conducted in accordance with this part, Federal agencies and pass-through entities shall take appropriate action using sanctions such as: ( a ) Withholding a percentage of Federal awards until the audit is completed satisfactorily;
( b ) Withholding or disallowing overhead costs;
( c ) Suspending Federal awards until the audit is conducted; or
( d ) Terminating the Federal award.
§ 110.46 Newport Harbor, Newport, R.I. ( a ) *Area No. 1.* The waters of Brenton Cove south of a line extending from latitude 41°28′50′′ N., longitude 71°18′58′′ W.; to latitude 41°28′45′′ N., longitude 71°20′08′′ W.; thence along the shoreline to the point of beginning.
( b ) *Area No. 2.* The waters east of Goat Island beginning at a point bearing 090°, 245 yards from Goat Island Shoal Light; thence 007°, 505 yards; thence 054°, 90 yards; thence 086°, 330 yards; thence 122°, 90 yards; thence 179°, 290 yards; thence 228°, 380 yards; thence 270°, 250 yards to the point of beginning.
( c ) *Area No. 3.* The waters north of Goat Island Causeway Bridge beginning at Newport Harbor Light; thence 023° to the southwest corner of Anchorage E; thence 081° following the southerly boundary of Anchorage E to the shoreline; thence south along the shoreline to the east foot of the Goat Island Causeway bridge; thence west following Goat Island Causeway Bridge to the shoreline of Goat Island; thence north following the east shore of Goat Island to the point of beginning.
[CGD 76-104, 44 FR 21792, Apr. 12, 1979]
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.1031 Chehalis River.

The draw of the U.S. 101 highway bridge, mile 0.1, at Aberdeen shall open on signal if at least one-hour notice is given at all times by telephone to the Washington State Department of Transportation.

[USCG-2009-0959, 75 FR 16004, Mar. 31, 2010]
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Home                 > Browse by Title > The Commercialization of the Home Through Industrial Home Work

              																	United States. Women's Bureau					 and 	Belville, Catharine Reading. 						*The Commercialization of the Home Through Industrial Home Work : Women's Bureau Bulletin, No. 135*,												Washington: 								Govt. Print. Off., 										1935,									https://fraser.stlouisfed.org/title/5425,			accessed on September 24, 2024.						    

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#### § 96.41 Access to records.

The Secretary of Labor, the DOL Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives (including certified public accountants under contract), shall have access to any books, documents, papers, and records (manual and automated) of the entity receiving funds from DOL and its subrecipients/subcontractors for the purpose of making surveys, audits, examinations, excerpts, and transcripts.
# C o u rt o f

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o ll owi n g o r der :

A2 2 A1 55 5 . DONNI E FUSSELL v . THE STATE.

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n ew t ri al
, Fu s s el l ap p eal ed t o t h i s Co u rt . W e affi rm ed h i s co nv i ct i o n. See Cas e No

. A2 0 A2 12 2 (d eci d ed F e b

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, 2 0 2 1 ). Fu ss el l l at er fi l ed an ex t rao rd i n ary m ot i o n fo r

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, b ut we l ack ju ri s d i ct i o n

. An ap p eal fro m an o rd er d en y i n g o r d i s m i s si n g an ex trao rd i nary m o t i o n fo r

n ew t ri al m

u s t b e i n i t i at ed by fi l i ng an ap p l i cat io n fo r d i s cret i o n ary rev iew. OCGA § 5 -6 -3 5 (a) (7 ), (b ); Da vi s v. S t a t e , 1 8 2 G a

. A p p

. 73 6
, 7 3 6 -7 3 7 (3 5 6 SE2 d 7 6 2 ) (1 9 8 7). “ [C] om

pl i an ce wi t h th e d is cret i on ary ap peal s p ro ced u re i s j u ri s d i ct i o n al .”
Fa b e v. Fl o

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t h i s ap p eal , wh i ch i s h ereb y DISM ISSED. See Da vi s , 1 8 2 Ga. Ap p

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.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m t h e m i n u t e s o

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.

, C l e r k

. June 28, 2022

06/28/2022
#### § 500.54 Change of address.

During the period for which the Certificate of Registration or Employee Certificate is in effect, each farm labor contractor or farm labor contractor employee shall provide to the Secretary, within thirty (30) days, a notice of each change of permanent place of residence in accordance with § 500.215.
§ 105.505 Terminal Screening Program (TSP). ( a ) *General requirements.* The owner or operator of a cruise ship terminal must ensure a TSP is developed, added to the Facility Security Plan (FSP), and implemented. The TSP must— ( 1 ) Document all procedures that are employed to ensure all persons, baggage, and personal effects are screened at the cruise ship terminal prior to being allowed into a cruise ship terminal's secure areas or onto a cruise ship;
( 2 ) Be written in English; and
( 3 ) Be approved by the Coast Guard as part of the FSP in accordance with subpart D of this part.
( b ) *Availability.* Each cruise ship terminal Facility Security Officer (FSO) must— ( 1 ) Maintain the TSP in the same or similar location as the FSP as described in § 105.400(d);
( 2 ) Have an accessible, complete copy of the TSP at the cruise ship terminal;
( 3 ) Have a copy of the TSP available for inspection upon request by the Coast Guard;
( 4 ) Maintain the TSP as sensitive security information (SSI) and protect it in accordance with 49 CFR part 1520; and
( 5 ) Make a copy of the current Prohibited Items List (PIL) publicly available. The PIL and copies thereof are not SSI.
( c ) *Content.* The TSP must include— ( 1 ) A line diagram of the cruise ship terminal including— ( i ) The physical boundaries of the terminal;
( ii ) The location(s) where all persons intending to board a cruise ship, and all personal effects and baggage, are screened; and
( iii ) The point(s) in the terminal beyond which no unscreened person may pass.
( 2 ) The responsibilities of the owner or operator regarding the screening of persons, baggage, and personal effects;
( 3 ) The procedure to obtain and maintain the PIL;
( 4 ) The procedures used to comply with the requirements of § 105.530 regarding qualifications of screeners;
( 5 ) The procedures used to comply with the requirements of § 105.535 regarding training of screeners;
( 6 ) The number of screeners needed at each location to ensure adequate screening;
( 7 ) A description of the equipment used to comply with the requirements of § 105.525 regarding the screening of individuals, their personal effects, and baggage, including screening at increased Maritime Security (MARSEC) levels, and the procedures for use of that equipment;
( 8 ) The operation, calibration, and maintenance of any and all screening equipment used in accordance with § 105.545;
( 9 ) The procedures used to comply with the requirements of § 105.550 regarding the use of alternative screening methods and/or equipment, including procedures for passengers and crew with disabilities or medical conditions precluding certain screening methods; and
( 10 ) The procedures used when prohibited items are detected.
( d ) As a part of the FSP, the requirements in §§ 105.410 and 105.415 governing submission, approval, amendment, and audit of a TSP apply.
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Home                 > Browse by Title > Women's Employment in Vegetable Canneries in Delaware

              																	United States. Women's Bureau. 						*Women's Employment in Vegetable Canneries in Delaware : Women's Bureau Bulletin, No. 62*,												Washington: 								Govt. Print. Off., 										1927,									https://fraser.stlouisfed.org/title/5373,			accessed on September 25, 2024.						    

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§ 36.530 Marital or parental status. ( a ) *General.* A recipient shall not apply any policy or take any employment action: ( 1 ) Concerning the potential marital, parental, or family status of an employee or applicant for employment that treats persons differently on the basis of sex; or
( 2 ) Which is based upon whether an employee or applicant for employment is the head of household or principal wage earner in such employee's or applicant's family unit.
( b ) *Pregnancy.* A recipient shall not discriminate against or exclude from employment any employee or applicant for employment on the basis of pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.
( c ) *Pregnancy as a temporary disability.* Subject to § 36235(d), a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, recovery therefrom, and any temporary disability resulting therefrom as any other temporary disability for all job-related purposes, including commencement, duration, and extensions of leave, payment of disability income, accrual of seniority and any other benefit or service, and reinstatement, and under any fringe benefit offered to employees by virtue of employment.
( d ) *Pregnancy leave.* In the case of a recipient that does not maintain a leave policy for its employees, or in the case of an employee with insufficient leave or accrued employment time to qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence without pay for a reasonable period of time, at the conclusion of which the employee shall be reinstated to the status that she held when the leave began or to a comparable position, without decrease in rate of compensation or loss of promotional opportunities, or any other right or privilege of employment.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

November 23, 2011 

h1116 

Order 

 

November 23, 2011 

143286 & (65) 

BOBBY BURLESON, 

Petitioner-Appellee, 

v SC: 143286 

 COA: 292916 

DEPARTMENT OF ENVIRONMENTAL Ingham CC: 08-001507-AA 

QUALITY, 

Respondent-Appellant. 

____________________________________/ 

 On order of the Court, the motion for leave to file a brief amicus curiae is 

GRANTED. The application for leave to appeal the May 12, 2011 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.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 27 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
S. J. RES. 27

    Proposing an amendment to the Constitution of the United States 
                    relative to the line item veto.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2007

  Mrs. Dole introduced the following joint resolution; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Proposing an amendment to the Constitution of the United States 
                    relative to the line item veto.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is proposed as an 
amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several States 
within seven years after the date of its submission by the Congress:

                              ``Article--

    ``Section 1. The President may reduce or disapprove any 
appropriation in any bill, order, resolution, or vote, which is 
presented to the President under section 7 of Article I.
    ``Section 2. Any legislation that the President approves and signs, 
after being amended pursuant to section 1, shall become law as so 
modified.
    ``The President shall return those portions of the legislation that 
contain reduced or disapproved appropriations with objections to the 
House where such legislation originated.
    ``Congress may separately consider any reduced or disapproved 
appropriations in the manner prescribed under section 7 of Article I 
for bills disapproved by the President.
    ``Section 3. This article shall take effect on the first day of the 
first session of Congress beginning after the date of ratification.''.
                                 <all>
```
§ 97.44 Termination for convenience. Except as provided in § 97.43 awards may be terminated in whole or in part only as follows: ( a ) By the awarding agency with the consent of the grantee or subgrantee in which case the two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or
( b ) By the grantee or subgrantee upon written notification to the awarding agency, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under either § 97.43 or paragraph (a) of this section.
ex10-7.htm


Exhibit 10.7



ALLONGE TO SECOND TERM NOTE




As of June 1, 2012




THIS ALLONGE TO SECOND TERM NOTE (THE “ALLONGE”) IS TO BE ATTACHED PERMANENTLY TO THE SECOND TERM NOTE DATED JULY 21, 2010 AND MADE BY EDAC TECHNOLOGIES CORPORATION, GROS-ITE INDUSTRIES, INC., AND APEX MACHINE TOOL COMPANY, INC. (collectively, the “BORROWER”) TO THE ORDER OF TD BANK, N.A. IN THE ORIGINAL PRINCIPAL AMOUNT OF TWO MILLION TWO HUNDRED FORTY THREE THOUSAND FOUR HUNDRED FOURTEEN AND 00/100 DOLLARS ($2,243,414.00)  (THE “NOTE”).







All capitalized terms used but not otherwise defined in this Allonge shall have the meanings ascribed to such terms in the Note.







Except as set forth in this Allonge, the Note remains in full force and effect and has not been modified or amended in any respect.







This Allonge and the Note shall be read, construed and interpreted as one and the same instrument.







The Note is hereby amended so that any and all references to “Borrower” or “Maker” shall hereinafter mean and include EDAC TECHNOLOGIES CORPORATION, GROS-ITE INDUSTRIES, INC., APEX MACHINE TOOL COMPANY, INC., and EBTEC CORPORATION, jointly and severally.












[remainder of page intentionally left blank; signature page follows]


 




  





  











  






 


To the extent necessary to assure the liability of the Borrower to the holder of the Note, the signature of the entities constituting the Borrower appearing below shall be construed as both an endorsement and a reissue of the Note.


 




	 	 	EDAC TECHNOLOGIES CORPORATION	 
	 	 	 	 
	 	 	By: /s/Glenn L. Purple 	 
	 	 	Name: Glenn L. Purple	 
	 	 	Its Chief Financial Officer	 
	 	 	Duly Authorized	 
	 	 	 	 
	 	 	GROS-ITE INDUSTRIES, INC.	 
	 	 	 	 
	 	 	By: /s/Glenn L. Purple 	 
	 	 	Name: Glenn L. Purple	 
	 	 	Its Secretary	 
	 	 	Duly Authorized	 
	 	 	 	 
	 	 	APEX MACHINE TOOL COMPANY, INC.	 
	 	 	 	 
	 	 	By: /s/Glenn L. Purple 	 
	 	 	Name: Glenn L. Purple	 
	 	 	Its Secretary	 
	 	 	Duly Authorized	 
	 	 	 	 
	 	 	EBTEC CORPORATION	 
	 	 	 	 
	 	 	By: /s/Glenn L. Purple 	 
	 	 	Name: Glenn L. Purple	 
	 	 	Its Treasurer	 
	 	 	Duly Authorized