alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-1982

WILLIAM B. MATTINGLY,

Plaintiff - Appellant,

versus

REBECCA A. BETTS,

Defendant - Appellee,

and

DONALDSON MINING COMPANY; KELLY'S CREEK AND

NORTHWESTERN RAILROAD, a corporation; VALLEY

CAMP COAL COMPANY; DAVID LUNG; JACK WOODY;

JAMES BOGGESS; KEVIN SPAULDING; JAMES L.

LITMAN; HASTING CONSTRUCTION, INCORPORATED;

JOHN HASTING; RENEGADE EQUIPMENT, INCORPORATED; JOSEPH FARRIS; KING, BETTS & ALLEN, a

professional partnership; STEPHEN B. FARMER,

Defendants.

Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. Charles H. Haden II, Chief

District Judge. (CA-95-949-2)

Submitted: January 23, 1997 Decided: January 29, 1997

Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.

Affirmed by unpublished per curiam opinion.
2
3

William E. Mattingly, Appellant Pro Se. Stephen Michael Horn,

Assistant United States Attorney, Charleston, West Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant appeals the district court's order denying relief in

his action pursuant to 18 U.S.C.A. §§ 1961-1968 (West 1984 & Supp.

1996), the Racketeering Influenced and Corrupt Organizations (RICO)

Act. We have reviewed the record and the district court's opinion

accepting the magistrate judge's recommendation and find no reversible error. Accordingly, we affirm on the reasoning of the district

court. Mattingly v. Betts, No. CA-95-949-2 (S.D.W. Va. June 26,

1996). 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
Vulcan Construction Materials



# Fourth Court of Appeals
**San Antonio, Texas**

June 4, 2015

N o. 04

- 15

- 00117

- CV

RHINO CONTRACTORS, LLC, Appel lant

v.

VULCAN CONSTRUCTION MATERIALS, LP, Appellee

From the 288th Judicial District Court, Bexar County, Texas
Trial Court No. 2014

- CI

- 15870 Honorable David A. Canales, Judge Presiding



### ORDER

Appellant Rhino Contractors, LLC, h as filed a notice stating that it is in bankruptcy. The notice complies with Texas Rule of Appellate Procedure 8.1. See T EX

. R. A PP

. P. 8.1. Accordingly, th is appeal and all time periods are stayed from the date the bankruptcy petition
was filed. See T EX

. R. A PP

. P. 8.2.

We, therefore, ABATE this appeal. For administrative purposes, the appeal will be treated as a closed case, unless and until it is reinstat ed or severed in accordance with Rule 8.3.
See T EX

. R. A PP

. P. 8.3.

_________________________________ Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 4th day of June, 2015

.

___________________________________ Keith E. Hottle
Clerk of Court
#### § 20.132 Subsistence use in Alaska.

In Alaska, any person may, for subsistence purposes, take, possess, and transport, in any manner, from September 1 through April 1, snowy owls and cormorants for food and their skins for clothing, but birds and their parts may not be sold or offered for sale.

[68 FR 43027, July 21, 2003]
§ 13.186 Permit issuance. ( a ) In making a decision on a permit application, the Superintendent shall determine whether a temporary facility is “directly and necessarily related to” the applicant's legitimate hunting and fishing activities by examining the applicant's particular circumstances, including, but not limited to his or her reasonable need for a temporary facility and any reasonable alternatives available that are consistent with the applicant's needs. The Superintendent shall also consider whether the proposed use would constitute an expansion of existing facilities or use and would be detrimental to the purposes for which the national preserve was established. If the Superintendent finds that the proposed use would either constitute an expansion above existing levels or be detrimental to the purposes of the preserve, he/she shall deny the permit. The Superintendent may authorize the replacement or relocation within the national preserve of an existing temporary facility or structure.
( b ) The Superintendent shall deny an application for a proposed use that would exceed a ceiling or allocation established pursuant to the national preserve's General Management Plan.
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§ 1120.21 Policy on disclosure of records. ( a ) It is the policy of the A&TBCB to make information available to the public to the greatest extent possible in keeping with the spirit of the Freedom of Information Act. Therefore, all records of the A&TBCB, except those that the A&TBCB specifically determines must not be disclosed in the national interest, for the protection of private rights, or for the efficient conduct of public business to the extent permitted by the Freedom of Information Act, are declared to be available for public inspection and copying as provided in this part. Each member and employee of the A&TBCB is directed to cooperate to this end and to make records available to the public promptly and to the fullest extent consistent with this policy. A record may not be withheld from the public solely because its release might suggest administrative error or embarrass a member or employee of the A&TBCB.
( b ) Subject to § 1120.51, any nonexempt A&TBCB record is available to the public upon request regardless of whether the requestor shows any justification or need for the record.
( c ) An A&TBCB office may waive the procedures on this subpart in favor of the requestor, for reasons of the public interest, simplicity, or speed.
( d ) If a requested record contains both exempt and nonexempt material, the nonexempt material shall be disclosed, after the exempt material has been deleted in accordance with § 1120.42.
§ 13.1178 Closed waters, islands and other areas. The following are prohibited: ( a ) Operating a vessel or otherwise approaching within 100 yards of South Marble Island; or Flapjack Island; or any of the three small unnamed islets approximately one nautical mile southeast of Flapjack Island; or Eider Island; or Boulder Island; or Geikie Rock; or Lone Island; or the northern three-fourths of Leland Island (north of 58°39.1′ N latitude); or any of the four small unnamed islands located approximately one nautical mile north (one island), and 1.5 nautical miles east (three islands) of the easternmost point of Russell Island; or Graves Rocks (on the outer coast); or Cormorant Rock, or any adjacent rock, including all of the near-shore rocks located along the outer coast, for a distance of 11 ⁄ 2 nautical miles, southeast from the mouth of Lituya Bay; or the surf line along the outer coast, for a distance of 11 ⁄ 2 nautical miles northwest of the mouth of the glacial river at Cape Fairweather.
( b ) Operating a vessel or otherwise approaching within 100 yards of a Steller (northern) sea lion (*Eumetopias jubatus*) hauled-out on land or a rock or a nesting seabird colony: *Provided, however,* that vessels may approach within 50 yards of that part of South Marble Island lying south of 58°38.6′ N latitude (approximately the southern one-half of South Marble Island) to view seabirds.
( c ) May 1 through August 31, operating a vessel, or otherwise approaching within 1 ⁄ 4 nautical mile of, Spider Island or any of the four small islets lying immediately west of Spider Island.
( d ) May 1 through August 31, operating a cruise ship on Johns Hopkins Inlet waters south of 58°54.2′ N latitude (an imaginary line running approximately due west from Jaw Point).
( e ) May 1 through June 30, operating a vessel or a seaplane on Johns Hopkins Inlet waters south of 58°54.2′ N latitude (an imaginary line running approximately due west from Jaw Point).
( f ) July 1 through August 31, operating a vessel or a seaplane on Johns Hopkins Inlet waters south of 58°54.2′ N latitude (an imaginary line running approximately due west from Jaw Point), within 1 ⁄ 4 nautical mile of a seal hauled out on ice; except when safe navigation requires, and then with due care to maintain the 1 ⁄ 4 nautical mile distance from concentrations of seals.
( g ) Restrictions imposed in this section are minimum distances. Park visitors are advised that protection of park wildlife may require that visitors maintain greater distances from wildlife. *See,* 36 CFR 2.2 (Wildlife protection).
§ 212.51 Designation of roads, trails, and areas. ( a ) *General.* Motor vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands shall be designated by vehicle class and, if appropriate, by time of year by the responsible official on administrative units or Ranger Districts of the National Forest System, provided that the following vehicles and uses are exempted from these designations: ( 1 ) Aircraft;
( 2 ) Watercraft;
( 3 ) Over-snow vehicles (see § 212.81);
( 4 ) Limited administrative use by the Forest Service;
( 5 ) Use of any fire, military, emergency, or law enforcement vehicle for emergency purposes;
( 6 ) Authorized use of any combat or combat support vehicle for national defense purposes;
( 7 ) Law enforcement response to violations of law, including pursuit; and
( 8 ) Motor vehicle use that is specifically authorized under a written authorization issued under Federal law or regulations.
( b ) *Motor vehicle use for dispersed camping or big game retrieval.* In designating routes, the responsible official may include in the designation the limited use of motor vehicles within a specified distance of certain forest roads or trails where motor vehicle use is allowed, and if appropriate within specified time periods, solely for the purposes of dispersed camping or retrieval of a downed big game animal by an individual who has legally taken that animal.
[70 FR 68288, Nov. 9, 2005, as amended at 73 FR 74613, Dec. 9, 2008]
# EUR-Lex - 12006E020 - EN

Important legal notice

*|*

# 12006E020

**Treaty establishing the European Community (consolidated version) - Part Two - Citizenship of the Union - Article 20 **

*
Official Journal C 321 E , 29/12/2006 P. 0050 - 0050 Official Journal C 325 , 24/12/2002 P. 0045 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0187 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0011 - Consolidated version *

Article 20

Every citizen of the Union shall, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to protection by the diplomatic or consular authorities of any Member State, on the same conditions as the nationals of that State. Member States shall establish the necessary rules among themselves and start the international negotiations required to secure this protection.

--------------------------------------------------
# EUR-Lex - 12008E/PRO/33 - EN

Important legal notice

*|*

# 12008E/PRO/33

**Consolidated version of the Treaty on the Functioning of the European Union - PROTOCOLS - Protocol (No 33) concerning Article 157 of the Treaty on the Functioning of the European Union **

*
Official Journal 115 , 09/05/2008 P. 0319 - 0319 *

PROTOCOL (No 33)

CONCERNING ARTICLE 157 OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

THE HIGH CONTRACTING PARTIES,

HAVE AGREED upon the following provision, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

For the purposes of Article 157 of the Treaty on the Functioning of the European Union, benefits under occupational social security schemes shall not be considered as remuneration if and in so far as they are attributable to periods of employment prior to 17 May 1990, except in the case of workers or those claiming under them who have before that date initiated legal proceedings or introduced an equivalent claim under the applicable national law.

--------------------------------------------------
# EUR-Lex - 12006E253 - EN

Important legal notice

*|*

# 12006E253

**Treaty establishing the European Community (consolidated version) - Part Five - Institutions of the Community - TITLE I - Provisions governing the institutions - Chapter 2 - Provisions common to several institutions - Article 253 **

*
Official Journal C 321 E , 29/12/2006 P. 0156 - 0156 Official Journal C 325 , 24/12/2002 P. 0135 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0281 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0067 - Consolidated version (EEC Treaty - no official publication available) *

Article 253

Regulations, directives and decisions adopted jointly by the European Parliament and the Council, and such acts adopted by the Council or the Commission, shall state the reasons on which they are based and shall refer to any proposals or opinions which were required to be obtained pursuant to this Treaty.

--------------------------------------------------
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State Agency Access ‐ Active Tab
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM SPSS INC.
AND SUBSIDIARIES CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1999 AND
CONSOLIDATED STATEMENT OF INCOME FOR THE THREE AND TWELVE MONTHS ENDED DECEMBER
31, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1999
<PERIOD-END>                               DEC-31-1999             DEC-31-1999
<CASH>                                               0                  16,770
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                  45,411
<ALLOWANCES>                                         0                   2,510
<INVENTORY>                                          0                   2,895
<CURRENT-ASSETS>                                     0                  68,441
<PP&E>                                               0                  41,750
<DEPRECIATION>                                       0                  25,639
<TOTAL-ASSETS>                                       0                 106,715
<CURRENT-LIABILITIES>                                0                  39,769
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                             0                      96
<OTHER-SE>                                           0                  61,466
<TOTAL-LIABILITY-AND-EQUITY>                         0                 106,715
<SALES>                                         40,668                 141,930
<TOTAL-REVENUES>                                40,668                 141,930
<CGS>                                            3,601                  12,663
<TOTAL-COSTS>                                    3,601                  12,663
<OTHER-EXPENSES>                                28,890                 104,772
<LOSS-PROVISION>                                   974                   1,768
<INTEREST-EXPENSE>                                (13)                     722
<INCOME-PRETAX>                                  8,068                  24,123
<INCOME-TAX>                                     2,886                   8,621
<INCOME-CONTINUING>                              5,182                  15,502
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                     5,182                  15,502
<EPS-BASIC>                                       0.54                    1.61
<EPS-DILUTED>                                     0.51                    1.52


</TABLE>
### Re: AES Red Oak LLC Aliya Khan to: Shaheerah Kelly 02/16/2010 12:07 PM History: This message has been forwarded.

Kelly: The facility ID is 18195. Aliya >>> <Kelly.Shaheerah@epamail.epa.gov> 2/16/2010 2:48 PM >>> Aliya, I was able to access the site but I need the PI number for the facility access the permit document. Can you provide the PI number for the AES Red Oak LLC facility?

************************************ Shaheerah Kelly Air Division (AIR-3) U S EPA Region 9 75 Hawthorne Street San Francisco, CA 94105 Phone: 415-947-4156 Fax: 415-947-3579 email: kelly.shaheerah@epa.gov

From: "Aliya Khan" <Aliya.Khan@dep.state.nj.us> To: Shaheerah Kelly/R9/USEPA/US@EPA Date: 02/16/2010 10:51 AM Subject: Re: AES Red Oak LLC

Kelly: the link is: http://www.state.nj.us/dep/aqpp/ Aliya >>> <Kelly.Shaheerah@epamail.epa.gov> 2/16/2010 1:43 PM >>> Hi, Aliya. Thanks for you help. Can you send me the link to the website? Thanks.************************************ Shaheerah Kelly Air Division (AIR-3) U S EPA Region 9 75 Hawthorne Street San Francisco, CA 94105 Phone: 415-947-4156 Fax: 415-947-3579 email: kelly.shaheerah@epa.gov

From: "Aliya Khan" <Aliya.Khan@dep.state.nj.us> To: Shaheerah Kelly/R9/USEPA/US@EPA Date: 02/16/2010 10:39 AM Subject: Re: AES Red Oak LLC

Ms. Shaheerah: We do not have stack testing requirement for this size heater, but since there are no compliance issues associated with this heater, it can be deduced that it is meeting the limits. You can access the latest permit from NJDEP/AQPP Approved operating permits. you can call me at 609-292-2169 if you are unable to access it on our website. Regards Aliya M. Khan >>> <Kelly.Shaheerah@epamail.epa.gov> 2/16/2010 8:20 AM >>> Hi. I'm seeking information on an air quality permit issued to the AES Red Oak

LLC. I would like to know whether the FUEL GAS HEATER unit listed under RBLC entry NJ-0036 is currently achieving the NOx and CO limits that are associated with the units. The limits listed in the RBLC are: Carbon Monoxide - 0.0538 LB/MMBTU, 0.86 LB/H, 3.181 T/YR Nitrogen Oxides (NOx) - 0.12 LB/MMBTU, 1.197 LB/H Attached is an RBLC report of the emission limits which I obtained from http://cfpub.epa.gov/rblc/cfm/rbfind.cfm. Also, please let me know how I can obtain the current title V or PSD permit for the unit. Your assistance on this would be very helpful. If you are not the contact,please let me know who I should talk to. Thanks.

************************************ Shaheerah Kelly Air Division (AIR-3) U S EPA Region 9 75 Hawthorne Street San Francisco, CA 94105 Phone: 415-947-4156 Fax: 415-947-3579 email: kelly.shaheerah@epa.gov
APPENDIX 6-A. DETAILED DATA FOR MARKUPS 

TABLE OF CONTENTS

6-A.1 INTRODUCTION .................................................................................................6-A-1

LIST OF TABLES

Table 6-A.1.1 Sales Tax Rate by State..............................................................................6-A-1

6-A-i
APPENDIX 6-A. DETAILED DATA FOR MARKUPS

6-A.1 INTRODUCTION

In this appendix, DOE provides state-level sales tax data used in equipment price determination. 

Population by state was obtained from the U.S. Census Bureau.1 State and local tax rates were 

obtained from the Sales Tax Clearinghouse website.2

Table 6-A.1.1 Sales Tax Rate by State

Domain State Census 

Region

Population,

July 2013 (1000s)

State and Local 

Tax Rate (2014)

1 Connecticut 1 3596 6.35%

1 Maine 1 1328 5.50%

1 New Hampshire 1 1323 0.00%

1 Rhode Island 1 1052 7.00%

1 Vermont 1 627 6.10%

2 Massachusetts 1 6693 6.25%

3 New York 1 19651 8.45%

4 New Jersey 1 8899 6.95%

5 Pennsylvania 1 12774 6.35%

6 Illinois 2 12882 8.00%

7 Indiana 2 6571 7.00%

7 Ohio 2 11571 7.10%

8 Michigan 2 9896 6.00%

9 Wisconsin 2 5743 5.45%

10 Iowa 2 3090 6.80%

10 Minnesota 2 5420 7.20%

10 North Dakota 2 723 5.95%

10 South Dakota 2 845 5.45%

11 Kansas 2 2894 7.90%

11 Nebraska 2 1869 6.05%

12 Missouri 2 6044 7.40%

13 Virginia 3 8260 5.60%

14 Delaware 3 926 0.00%

14 Maryland 3 5929 6.00%

14 West Virginia 3 1854 6.05%

15 Georgia 3 9992 7.05%

16 North Carolina 3 9848 6.90%

16 South Carolina 3 4775 7.10%

17 Florida 3 19553 6.65%

6-A-1
Domain State Census 

Region

Population,

July 2013 (1000s)

State and Local 

Tax Rate (2014)

18 Alabama 3 4834 8.55%

18 Kentucky 3 4395 6.00%

18 Mississippi 3 2991 7.05%

19 Tennessee 3 6496 9.45%

20 Arkansas 3 2959 8.90%

20 Louisiana 3 4625 8.80%

20 Oklahoma 3 3851 8.40%

21 Texas 3 26448 7.95%

22 Colorado 4 5268 6.10%

23 Idaho 4 1612 6.05%

23 Montana 4 1015 0.00%

23 Utah 4 2901 6.65%

23 Wyoming 4 583 5.50%

24 Arizona 4 6627 7.15%

25 Nevada 4 2790 7.95%

25 New Mexico 4 2085 6.60%

26 California 4 38333 8.40%

27 Alaska 4 735 1.30%

27 Hawaii 4 1404 4.35%

27 Oregon 4 3930 0.00%

27 Washington 4 6971 8.90%

6-A-2
REFERENCES

1. U.S. Census Bureau, The 2013 Statistical Abstract, 2013. (Last accessed May, 2014.) 

<http://www.census.gov/compendia/statab/cats/population.html>

2. The Sales Tax Clearinghouse, 2014. (Last accessed May, 2014.) 

<https://thestc.com/STRates.stm>

6-A-3
# EUR-Lex - 12006E282 - EN

Important legal notice

*|*

# 12006E282

**Treaty establishing the European Community (consolidated version) - Part Six - General and final provisions - Article 282 **

*
Official Journal C 321 E , 29/12/2006 P. 0171 - 0171 Official Journal C 325 , 24/12/2002 P. 0146 - Consolidated version Official Journal C 340 , 10/11/1997 P. 0293 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0074 - Consolidated version (EEC Treaty - no official publication available) *

Article 282

In each of the Member States, the Community shall enjoy the most extensive legal capacity accorded to legal persons under their laws; it may, in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings. To this end, the Community shall be represented by the Commission.

--------------------------------------------------
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