alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 153.1 Applicability. This part applies to the following: ( a ) All United States self-propelled ships and those foreign self-propelled ships operating in United States waters that carry in bulk a cargo listed in Table 1 or allowed in a written permission under § 153.900(d), unless— ( 1 ) The ship is carrying the cargo under 33 CFR part 151;
( 2 ) The ship is carrying the cargo in a portable tank under subpart 98.30 or 98.33 of this chapter; or
( 3 ) The ship is an offshore supply vessel carrying the cargo under subpart 98.31 of the chapter; or
( b ) All United States oceangoing non-self-propelled ships and those foreign non-self-propelled ships operating in United States waters that carry in bulk a Category A, B, or C NLS cargo listed in Table 1 or allowed in a written permission under § 153.900(d), unless— ( 1 ) The ship is carrying the cargo under 33 CFR part 151;
( 2 ) The ship is carrying the cargo in a portable tank under subpart 98.30 or 98.33 of this chapter;
( 3 ) The ship is an offshore supply vessel carrying the cargo under subpart 98.31 of this chapter; or
( 4 ) The ship's Certificate of Inspection is endorsed for a limited short protected coastwise route and the ship is constructed and certificated primarily for service on an inland route.
( c ) All ships that carry a bulk liquid, liquefied gas, or compressed gas cargo that is not— ( 1 ) Listed in Table 1 of this part;
( 2 ) Listed in Table 2 of this part;
( 3 ) Carried under a written permission granted under § 153.900(d);
( 4 ) Carried under part 30 through 35, 98, 151, or 154 of this chapter; or
( 5 ) Carried as an NLS under 33 CFR part 151.
[CGD 81-101, 52 FR 7777, Mar. 12, 1987, as amended by CGD 84-025, 53 FR 15844, May 4, 1988; CGD 81-101, 53 FR 28974, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989; CGD 84-043, 55 FR 37413, Sept. 11, 19905; CGD 96-041, 61 FR 50732, Sept. 27, 1996]
#### Ray v. Smith.

JBkidenee— *admission of*immaterial— *effect of.*

Upon the trial of an action by the maker of a note against one claimed to be jointly liable for the consideration thereof, evidence was admitted showing that plaintiff had been sued upon the note, and that he had notified defendant of the suit and had paid the note. *Held,*that the admission of the evidence was not such error as would call for a reversal of the judgment.

Any illegal evidence that may have a tendency to influence the judgment of a jury cannot be regarded as harmless and of no consequence. The legal presumption is the other way, and when a party seeks to maintain such evidence as innocuous he must make it appear clearly that such is the case.

Appeal by plaintiff from a judgment of the Sullivan county court reversing a judgment of a justice’s court.

The action was 'brought by Bichard B. Bay against John 0. Smith to recover one-half the price of a quantity of hay bought at auction by plaintiff for himself and defendant and divided between them. Plaintiff gave his individual note for the whole amount which he afterward paid.

*Benj. Reynolds,*for appellant.

*T. F. Bush,*for respondent.

Miller, P. J.

The only point passed upon in the opinion is fully stated in the head-note.

*Judgment affirmed.*
H. R. 2121 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and nine 

An Act 

To authorize the Administrator of General Services to convey a parcel of real 

property in Galveston, Texas, to the Galveston Historical Foundation. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. CONVEYANCE OF REAL PROPERTY IN GALVESTON, TEXAS, 

TO GALVESTON HISTORICAL FOUNDATION. 

(a) CONVEYANCE.—Not later than 90 days after the date of 

enactment of this Act, the Administrator of General Services shall 

offer to convey, by quitclaim deed, to the Galveston Historical 

Foundation all right, title, and interest of the United States in 

and to the parcel of real property located at 502 20th Street in 

Galveston, Texas, including the improvements thereon. 

(b) CONSIDERATION.—As consideration for conveyance of the 

parcel under subsection (a), the Administrator shall require the 

Galveston Historical Foundation to pay to the Administrator the 

fair market value of the parcel, as determined based on an appraisal 

that is acceptable to the Administrator. 

(c) COSTS OF CONVEYANCE.—The Galveston Historical Foundation shall be responsible for the costs of an appraisal conducted 

under subsection (b) and for all other costs related to the conveyance. 

(d) PROCEEDS.— 

(1) DEPOSIT.—Any proceeds received under subsection (b) 

shall be paid into the Federal Buildings Fund established under 

section 592 of title 40, United States Code. 

(2) EXPENDITURE.—Amounts paid into the Federal 

Buildings Fund under paragraph (1) shall be available to the 

Administrator, in amounts specified in appropriations Acts, 

for expenditure for any lawful purpose consistent with existing 

authorities granted to the Administrator, except that the 

Administrator shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and 

the Committee on Environment and Public Works of the Senate 

30 days advance written notice of any expenditure of the proceeds. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Administrator 

may require that any conveyance under subsection (a) be subject 
H. R. 2121—2 

to such additional terms and conditions as the Administrator considers appropriate to protect the interests of the United States. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
Editorial Note on Part 148
Editorial Note: Nomenclature changes to part 148 appear by USCG-2012-0832, 77 FR 59783, Oct. 1, 2012.

§ 148.130 Stowage and segregation for materials of Class 4.2. ( a ) Class 4.2 materials listed in Table 148.10 of this part must— ( 1 ) Be kept as cool and dry as practical before loading;
( 2 ) Not be loaded or transferred between vessels during periods of rain or snow;
( 3 ) Be stowed clear of sources of heat and ignition and protected from sparks and open flame; and
( 4 ) Except for copra and seed cake, be stowed separate from foodstuffs.
( b ) The bulkhead between a hold containing a Class 4.2 material and a hold containing a material not permitted to mix with Class 4.2 materials must have cable and conduit penetrations sealed against the passage of gas and vapor.
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.                  

###### Securities and Exchange Commission

Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Public Law 94-409, that the Securities and Exchange Commission will hold the following meeting during the week of January 16, 2007: 

A Closed Meeting will be held on Thursday, January 18, 2007 at 2 p.m. 

Commissioners, Counsels to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters may also be present. 

The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), (8), (9)(B) and (10) and 17 CFR 200.402(a) (3), (5), (7), (8), (9)(ii), and (10) permit consideration of the scheduled matters at the Closed Meeting. 

Commissioner Campos, as duty officer, voted to consider the items listed for the closed meeting in closed session. 

The subject matters of the Closed Meeting scheduled for Thursday, January 18, 2007 will be: 

Formal orders of investigation; 

Institution and settlement of injunctive actions; 

Institution and settlement of administrative proceedings of an enforcement nature; 

A regulatory matter regarding a financial institution; and 

Other matters relating to enforcement proceedings. 

At times, changes in Commission priorities require alterations in the scheduling of meeting items. 

For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: 

The Office of the Secretary at (202) 551-5400. 

January 11, 2007. 

Nancy M. Morris, 

Secretary.

[FR Doc. 07-147 Filed 1-11-07; 4:25 pm] 

BILLING CODE 8011-01-P
Editorial Note on Part 151
Editorial Note: Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 151.12-10 Operation of oceangoing non-self-propelled ships Carrying Category D NLS. ( a ) An oceangoing non-self-propelled ship may not carry in a cargo tank a Category D NLS cargo listed under § 151.12-5 unless the ship has on board a Certificate of Inspection and for ships making foreign voyages an NLS Certificate endorsed under that section to allow the cargo tank to carry the NLS cargo.
( b ) The person in charge of an oceangoing non-self-propelled ship that carries a Category D NLS listed under § 151.12-5 shall ensure that the ship is operated as prescribed for the operation of oceangoing ships carrying Category D NLSs in §§ 153.901, 153.909, 153.1100, 153.1102, 153.1104, 153.1106, 153.1124, 153.1126, 153.1128, 153.1130 and 153.1132 of this chapter.
[CGD 81-101, 52 FR 7777, Mar. 12, 1987, as amended by CGD 81-101, 53 FR 28974, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989]
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#### Ella H. Leffmann, Appellant, *v.*The Long Island Railroad Company, Respondent.

(Argued January 3, 1910;

decided January 11, 1910.)

Motion to amend remittitur by inserting the following clause: “ And the constitutionality of the statute (chapter 499 of the Laws of 1897 and the acts amendatory thereof) being questioned, it is further adjudged (1) that the said statutes do not contravene section 10 of article 1 of the Federal Constitution forbidding the impairment of the obligations of a contract ; (2) the said statutes do not violate section 1 of the 14tli amendment to the Federal Constitution providing that a person shall not be deprived of property without due process of law and without just compensation.” (See 197 N. Y. 513.)

Motion granted.
§ 133.80 Emergency instructions. ( a ) *General.* Copies of clear instructions must be provided on the OSV, detailing the actions that each person on board should follow in the event of an emergency.
( b ) *Emergency instructions.* Illustrations and instructions in English and any other appropriate language, as determined by the OCMI, must be conspicuously displayed at each muster station and in spaces where offshore workers are carried, to inform offshore workers of— ( 1 ) The fire and emergency signal;
( 2 ) Their muster station;
( 3 ) The essential actions they must take in an emergency;
( 4 ) The location of lifejackets; and
( 5 ) The method of donning lifejackets.
Editorial Note on Subpart 113.25 of Part 113
Editorial Note: Nomenclature changes to subpart 113.25 of part 113 appear by CGD-94-108, 61 FR 28288, June 4, 1996.

§ 113.25-16 Overcurrent protection. ( a ) Each fuse in a general emergency alarm system must meet the requirements of part 111, subpart 111.53, of this chapter.
( b ) Each overcurrent protection device must cause as wide a differential as possible between the rating of the branch circuit overcurrent protection device and that of the feeder overcurrent protection device.
( c ) The capacity of the feeder overcurrent device must be as near practicable to 200 percent of the load supplied. The capacity of a branch circuit overcurrent device must not be higher than 50 percent of the capacity of the feeder overcurrent device.
[CGD 94-108, 61 FR 28289, June 4, 1996]
BILLING CODE: 6715-01-M 

FEDERAL ELECTION COMMISSION

Sunshine Act Notice

AGENCY: FEDERAL ELECTION COMMISSION 

DATE & TIME: WEDNESDAY, MAY 6, 2015 AT 2:00 P.M.

PLACE: 999 E STREET, N.W., WASHINGTON, D.C. (NINTH FLOOR)

STATUS: THIS HEARING WILL BE OPEN TO THE PUBLIC.

FEDERAL REGISTER NOTICE OF PREVIOUS ANNOUNCEMENT – 80 FR 24923

CHANGE IN THE HEARING: 

The hearing was been rescheduled for Wednesday, May 13, 2015 at 10:00 a.m.

Individuals who plan to attend and require special assistance, such as sign language 

interpretation or other reasonable accommodations, should contact Shawn Woodhead 

Werth, Secretary, at (202) 694-1040, at least 72 hours prior to the hearing date.

PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer

Telephone: (202) 694-1220

Signed: _______________________________

Shawn Woodhead Werth

Secretary and Clerk of the Commission

Submitted: May 11, 2015
<PAGE>   1

                                                                    EXHIBIT 23.1


                       CONSENT OF INDEPENDENT ACCOUNTANTS
   

     We consent to the incorporation by reference in the registration statements
of HMT Technology Corporation on Form S-3 (File Nos. 333-24385 and 333-32025) of
our report dated April 22, 1997, on our audits of the consolidated financial
statements and financial statement schedule of HMT Technology Corporation and
its subsidiary as of March 31, 1997 and 1996, and for the years ended March 31,
1997, 1996 and 1995, which report is included in this Annual Report on Form
10-K/A.

    

                                                        COOPERS & LYBRAND L.L.P.

San Jose, California
   
September 1, 1997
FEDERAL ELECTION COMMISSION

WASHINGTON, D.C. 20463

MEMORANDUM November 2, 2018 

TO: Patricia C. Orrock

Chief Compliance Officer

Thomas E. Hintermister

Assistant Staff Director

Audit Division

FROM: Neven Stipanovic 

Acting Associate General Counsel

Policy Division

Lorenzo Holloway 

Assistant General Counsel

Compliance Advice 

Danita Alberico

Attorney 

SUBJECT: Draft Final Audit Report on Hall for Congress (LRA 1065) 

The Office of the General Counsel has reviewed the Draft Final Audit Report (“DFAR”) 

on Hall for Congress (“Committee”). The DFAR contains two findings: Receipt of 

Contributions in Excess of the Limit (Finding 1) and, Use of General Election Contributions for 

Primary Expenditures (Finding 2). We concur with the findings. Should you have any 

questions, please contact Danita Alberico, the attorney assigned to this audit.

for DA
[Cite as State v. Vanderhorst, 134 Ohio St.3d 592, 2012-Ohio-5759.] 

THE STATE OF OHIO, APPELLANT, v. VANDERHORST, APPELLEE. 

[Cite as State v. Vanderhorst, 134 Ohio St.3d 592, 2012-Ohio-5759.] 

Court of appeals’ judgment affirmed on the authority of State v. Williams. (No. 

2012-1303—Submitted December 4, 2012—Decided December 7, 2012. 

APPEAL from the Court of Appeals for Cuyahoga County, 

No. 97242, 2012-Ohio-2762. 

__________________ 

{¶ 1} The judgment of the court of appeals is affirmed on the authority 

of State v. Williams, 134 Ohio St.3d 482, 2012-Ohio-5699, ___ N.E.2d ___. 

O’CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, 

and MCGEE BROWN, JJ., concur. 

O’DONNELL, J., dissents. 

__________________ 

William D. Mason, Cuyahoga County Prosecuting Attorney, and Kristen 

L. Sobieski, Assistant Prosecuting Attorney, for appellant. 

Robert L. Tobik, Cuyahoga County Public Defender, and Nathaniel 

McDonald, Assistant Public Defender, for appellee. 

______________________
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: June 30, 2016 107500

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER NEAL D. SOMMERS, Appellant.

________________________________ Calendar Date: May 26, 2016 Before: Lahtinen, J.P., Rose, Lynch, Clark and Aarons, JJ.

__________ Thomas F. Garner, Middleburgh, for appellant. James E. Conboy, District Attorney, Fonda (Pamela A. Ladd of counsel), for respondent.

__________ Lynch, J. Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered January 5, 2015, convicting defendant upon his plea of guilty of the crime of rape in the first degree. In satisfaction of a two-count indictment, defendant pleaded guilty to rape in the first degree, and his plea included the waiver of the right to appeal. County Court thereafter imposed the agreed-upon sentence of 12 years in prison to be followed by 10 years of postrelease supervision. Defendant appeals. We affirm. Contrary to defendant's contention, he validly waived the right to appeal his conviction and sentence. County-2- 107500

Court distinguished the right to appeal from the rights automatically forfeited by a guilty plea, and defendant acknowledged that he understood and was voluntarily waiving his right (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Rubio, 133 AD3d 1041, 1042 [2015]). Defendant also signed a written waiver that explained the appeal waiver and indicated that counsel had discussed its ramifications with him (see People v Clark, 135 AD3d 1239, 1239-1240 [2016], lv denied 27 NY3d 995 [2016]; People v Fate, 117 AD3d 1327, 1328 [2014], lv denied 24 NY3d 1083 [2014]). Defendant's valid appeal waiver precludes our review of his claim that his sentence is harsh and excessive (see People v Smith, 136 AD3d 1107, 1109 [2016], lv denied ___ NY3d ___ [May 13, 2016]; People v Butler, 134 AD3d 1349, 1350 [2015], lvs denied 27 NY3d 962, 963 [2016]). Defendant also argues that his plea was not knowing, intelligent and voluntary because County Court failed to advise him of the trial-related rights forfeited by pleading guilty (see Boykin v Alabama, 395 US 238, 243 [1969]). Inasmuch as defendant failed to make a postallocution motion to withdraw his plea, despite having several weeks to do so prior to his sentencing, this issue is not preserved for our review (see People v Conceicao, 26 NY3d 375, 382 [2015]; People v Walker, 135 AD3d 1244, 1245 [2016]). Moreover, the record actually shows that defendant was fully advised of his trial-related rights during the allocution. Lahtinen, J.P., Rose, Clark and Aarons, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court
New Jersey Department of Labor, Workmen’s Compensation Bureau.

#### TONY KOHAWORSKY, PETITIONER, v. CLIFTON PAPER MILLS, RESPONDENT.

Eor the petitioner, *Louis C. Friedman.*

Eor the respondent, *Richard*W. *Balcer.*

*223The petitioner testified in his own behalf and likewise called to testify Dr. Wassing who treated him about twelve times beginning with January 18th, 1928. On behalf of the respondent, Dr. Schultz, who on October 5th, 1927, made an examination on behalf of the compensation bureau, and Dr. Russell were called, to testify.

The petitioner alleged that he received an injury by accident arising out of and in the course of his employment with the respondent on August 9th, 1927, and I find that he has sustained the burden of proving the accident as alleged. It was admitted, however, that the payroll records show that the petitioner returned to work six days after the accident and continued to work for a period of six weeks, at the end of which time he was discharged on September 30th, 1927. When this is taken into conjunction with the fact that Dr. Schultz, who examined the petitioner for ,the compensation bureau, found on October 5th that at that time he had no permanent disability, and that the man gave a history of losing only one week’s time from work, I fail to find that the petitioner sustained the burden of proving that he suffered either temporary or permanent disability as a result of the alleged accident.

Accordingly, I hereby find and determine that though the petitioner suffered an injury by accident arising out of and in the course of his employment with the respondent on August 9th, 1927, he lost less than a week’s time from his work, and upon resuming work continued to work for six weeks before he was discharged. I therefore find that he is not entitled to either temporary or permanent disability and accordingly order that the case be dismissed, without costs to either party.

IIaeey J. Goas,

*Deputy Commissioner.*
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

EQUAL EMPLOYMENT 

OPPORTUNITY COMMISSION,

Plaintiff,

v.

R.G. & G.R. HARRIS FUNERAL 

HOMES INC.,

Defendant.

)

)

)

)

)

)

)

)

)

)

)

)

CIVIL ACTION NO. 

2:14-CV-13710

Hon. Sean F. Cox

_________________________________ )

KENNETH BIRD JOEL J. KIRKPATRICK

DALE PRICE (P55578) JOEL J. KIRKPATRICK, P.C.

EQUAL EMPLOYMENT Attorney for Defendant

OPPORTUNITY COMMISSION 843 Penniman Ave. Ste. 201 

Attorneys for Plaintiff Plymouth, MI 48170

477 Michigan Ave., Room 865 (734) 404-5170

Detroit, MI 48226 Joel@JoelKirkpatrick.com

(313) 226-7808

dale.price@eeoc.gov

NOTICE OF APPEAL

Notice is given that Plaintiff Equal Employment Opportunity 

Commission (EEOC) appeals to the United States Court of Appeals for 

the Sixth Circuit from the Amended Opinion and Order dismissing the 

EEOC’s Complaint in Part on April 23, 2015 and the final judgment 

2:14-cv-13710-SFC-DRG Doc # 78 Filed 10/13/16 Pg 1 of 2 Pg ID 2236
(granting summary judgment to Defendant) entered on August 18, 2016.

KENNETH BIRD

Acting Regional Attorney

BY:___/s/_/Dale Price_______________

 DALE PRICE (P55578)

Trial Attorney for Equal Employment 

Opportunity Commission

(313) 226-7808

Dated: August 18, 2016

Certificate of Service

I hereby certify that on October 13, 2016, I electronically filed the 

forgoing with the clerk of the Court by using the CM/ECF system, which 

will send a notice of electronic filing to all record attorneys.

EQUAL EMPLOYMENT 

 OPPORTUNITY COMMISSION

Dated: October 13, 2016 s/ Dale Price

DALE PRICE (P55578)

Trial Attorney

2:14-cv-13710-SFC-DRG Doc # 78 Filed 10/13/16 Pg 2 of 2 Pg ID 2237