alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
D EBORAH H. GRIFFIN

,

Appellant,

v.

HAMMER FLO, LLC, a Florida limited liability company, d/b/a

WHISKEY RIVER

,

Appellee

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 1 3

- 5689

_____________________________/

Opinion filed November 10, 2014.

An appeal from the Circuit Court for Duval County

. Jack M. Schemer , Judge.

Rebecca Bowen Creed of Creed & Gowdy, P.A., Jacksonville

, for Appellant

.

Elaine D. Walter and Michael A. Mullen of Gaebe, Mullen, Antonelli & DiMatteo,

Coral Gables

, for Appellee

.

PER CURIAM.

AFFIRMED.

BENTON, VAN NORTWICK, and CLARK , JJ., CONCUR.
§ 219.1005 Optional provisions. A railroad's referral program may include any of the following provisions at the option of the railroad and with the approval of the labor organization(s) affected: ( a ) The program may provide that the rule of confidentiality is waived if: ( 1 ) The regulated employee at any time refuses to cooperate in a DAC's recommended course of education, counseling, or treatment; or
( 2 ) The railroad determines, after investigation, that the regulated employee has been involved in a drug- or alcohol-related disciplinary offense growing out of subsequent conduct.
( b ) The program may require successful completion of a return-to-service medical examination as a further condition of reinstatement in regulated service.
( c ) The program may provide that it does not apply to a regulated employee whom the railroad has previously assisted under a program substantially consistent with this section.
( d ) The program may provide that, in order to invoke its benefits, the regulated employee must report to the railroad's designated contact either: ( 1 ) During non-duty hours (*i.e.,* at a time when the regulated employee is off duty); or
( 2 ) While unimpaired and otherwise in compliance with the railroad's drug and alcohol rules consistent with this subpart.
Docket: CMS-2009-0040 

Request for Information Regarding the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction 

Equity Act of 2008 

Comment On: CMS-2009-0040-0001 

Request for Information Regarding the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction 

Equity Act of 2008 

Document: CMS-2009-0040-0005 

DC-Attorney law Firm OT0101 Susan Relland 

Submitter Information 

Name: Susan Relland 

Address: 

DC, 20005 

Organization: Miller & Chevalier Chartered 

General Comment 

Please see the attached comment letter. 

Attachments 

PUBLIC SUBMISSION 

As of: May 12, 2009 

Received: May 06, 2009 

Status: Posted 

Posted: May 11, 2009 

Category: Attorney/Law Firm - OT010

Tracking No. 80979079 

Comments Due: May 28, 2009 

Submission Type: Web

CMS-2009-0040-0005.1: DC
#### Cyrus H. Wilbur and others, *Respondents, v.*Asa T. Soule, *Appellant.*—

Order affirmed, with ten dollars costs and disbursements.
Fourth Court of Appeals

San Antonio, Texas

June 28, 2022

No. 04-21-00410-CR

James Cornelious SCOTT,

Appellant

v.

The STATE of Texas,

Appellee

From the 144th Judicial District Court, Bexar County, Texas

Trial Court No. 2020CR7104

Honorable Michael E. Mery, Judge Presiding

O R D E R

Appellant’s brief was originally due to be filed on March 25, 2022. We extended this 

deadline twice to June 16, 2022, and stated in our last order: “No further extensions of time will 

be allowed.” However, to date, the brief has not been filed. Appellant’s attorney is ORDERED 

to respond to this court in writing within ten days of the date of this order. The response should 

state a reasonable explanation for failing to timely file the brief and demonstrate the steps being 

taken to remedy the deficiency. If appellant’s attorney fails to file an adequate response within 

ten days, this appeal will be abated to the trial court for an abandonment hearing, and the trial 

court will be asked to consider whether sanctions are appropriate. See TEX. R. APP. P.

38.8(b)(2).

_________________________________

Rebeca C. Martinez, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 28th day of June, 2022.

___________________________________

Michael A. Cruz,

Clerk of Court
#### § 234.245 Signs.

Each sign mounted on a highway-rail grade crossing signal post shall be maintained in good condition and be visible to the highway user.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. J O SE A N G EL A M A Y A - RA M O S, D e f

e n d a n t - A p p e lla n t. N o. 10- 30171 D . C. N o . 2 : 0 9 - c r - 0 0 1 6 4 - W FN ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f orthe E a s t e rn D i s tr i c tof W a s hi ngt on W m . F r e m m i ng N i e l s e n, D i s tr i c tJ udge , P r e s i di ng

S ubm i tt e d F e brua ry15, 2011 ** B e f o r e : C A N B Y , F E RN A N D E Z , a n dM . S M I T H , C ir c u it J u d g e s . Jose A ng el A m ay a- R am os appeal s f rom the 77 -m on th sent ence i m po se d fol l ow i ng hi s gui l ty- pl eaconv i ct i on for bei ng an al i en i n the U ni t ed S t at es af t er d e p o rt a t i o n , i n v i o l a t i o n o f 8 U . S. C. § 1 3 2 6 . W e h a v e j u r i s d i c t i o n u n d e r2 8 U . S. C. § 1 2 9 1 , a n d w e a f

f i rm. 

# FI LED FEB 23 2 011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 30171 2 A m a y a - R a m os c ont e nds tha tthe di s tr i c tc ourtc om m i tt e d pr oc e dur a l e rr orby r e j e c t i ng w i thouta de qua t e e xpl a na t i on hi s a r gum e nti n f a vorof l e ni e nc y . T he d i stri ctco u rtd i d n o terr, as i tl i st en ed t o A m aya-R am o s’ s m i t i g at i o n arg u m en t s, and then i m po se d a w i thi n-G ui del i nes s ent ence base d o n the 18 U . S . C . § 3 55 3(a) f a c to r s . See U

ni ted States v. P er ez -P er ez , 5 1 2 F .3 d5 1 4 , 5 1 6 ( 9 th C ir . 2 0 0 8 ) . A m a y a - R a m o s a ls o a r g u e s th a t h is s e n te n c e is s u b s ta n tiv e lyu n r e a s o n ab le . H e c on t ends thatthe 16 -l evel pri or conv i ct i on se nt enci ng enhancem entun der U .S .S .G . § 2 L 1 .2 ( b ) ( 1 ) ( A ) is p e rs e u n r e a s o n ab le a n dr e s u lte din a n u n r e a s o n ab le se nt ence i n thi s c as e. A m ay a- R am os’ s argum entthatthe 16 -l evel se nt enci ng enhancem enti s per s e u n r e a s o n ab le f

a ils . See U

ni ted States v. A m ez cua-V asqu ez , 567 F . 3d 1050, 1054 ( 9 th C ir . 2 0 0 9 ) ; s e e al

s o U ni te d State s v . B ars umy an , 5 1 7 F .3 d1 1 5 4 , 1 1 5 9 ( 9 th C i r . 2008) ( pol i c y - ba s e d a r gum e nta ga i ns tthe G ui de l i ne s m us tbe a s s e rt e d on the g r o u n d th a t its o p e r a tio n in ap a rtic u la rc a s e r e s u lts in as e n te n c e th a t is u n r e a s o n ab le u n d e r§ 3 5 5 3 ( a ) ) . I n l i ghtof

the t ot a l i tyof

the c i r c um s t a nc e s a nd the § 3553( a ) f a c t or s , the s e n te n c e in th is c a s e is s u b s ta n tiv e lyr e a s o n ab le . See G al l v. U ni ted States , 552 U . S . 38 , 51 (200 7). AF F I RME D.
[Federal Register Volume 72, Number 163 (Thursday, August 23, 2007)]
[Notices]
[Page 48256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4136]


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

DEPARTMENT OF AGRICULTURE

Forest Service

DEPARTMENT OF THE INTERIOR

Bureau of Land Management


Revised Notice of Meetings of the Santa Rosa and San Jacinto 
Mountains National Monument Advisory Committee

AGENCIES: Forest Service, U.S. Department of Agriculture; and Bureau of 
Land Management, U.S. Department of the Interior.

ACTION: Revised notice of meetings of the Santa Rosa and San Jacinto 
Mountains National Monument Advisory Committee for 2007 and 2008.

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

SUMMARY: The Santa Rosa and San Jacinto Mountains National Monument 
Advisory Committee (Monument Advisory Committee) will meet as indicated 
below.

DATES: <bullet> September 8, 2007.
    <bullet> December 1, 2007.
    <bullet> March 1, 2008.
    <bullet> June 7, 2008.
    <bullet> September 6, 2008.
    <bullet> December 6, 2008.
    All meetings of the Monument Advisory Committee will start at 9 
a.m. and conclude at 1 p.m.

ADDRESSES: Meetings of the Monument Advisory Committee will be held at 
the County of Riverside Permit Assistance Center, Second Floor 
Conference Room, 38686 El Cerrito Road, Palm Desert, California.

FOR FURTHER INFORMATION CONTACT: Jim Foote, Monument Manager, Santa 
Rosa and San Jacinto Mountains National Monument, c/o Bureau of Land 
Management, P.O. Box 581260, North Palm Springs, CA 92258; phone (760) 
251-4800.

SUPPLEMENTARY INFORMATION: This notice identifies a change in location 
for meetings of the Monument Advisory Committee as published in the 
Federal Register on April 24, 2007 (72 FR 20321).
    Meetings of the Monument Advisory Committee focus on implementation 
of the Santa Rosa and San Jacinto Mountains National Monument 
Management Plan. A public comment period when members of the public may 
address the Monument Advisory Committee will occur at 11 a.m. during 
each meeting. Written comments may be sent to the Monument Manager at 
the address listed above. All meetings are open to the public; however, 
transportation, lodging, and meals are the responsibility of the 
participating public.

    Dated: August 10, 2007.
Jim Foote,
Monument Manager, Santa Rosa and San Jacinto Mountains National 
Monument.
[FR Doc. 07-4136 Filed 8-22-07; 8:45 am]
BILLING CODE 3410-11-P
§ 246.123 Monitoring operational performance. ( a ) Each railroad's certification program shall describe how it will monitor the operational performance of its certified signal employees by including procedures for: ( 1 ) Giving each certified signal employee at least one unannounced compliance test each calendar year in one of the following areas: the railroad's signal system standards and test procedures, or Federal regulations concerning signal systems, except as provided for in paragraph (d) of this section;
( 2 ) Giving unannounced compliance tests to certified signal employees who return to signal work that requires certification pursuant to this part, as described in paragraph (d) of this section;
( 3 ) What actions the railroad will take if it finds deficiencies in a certified signal employee's performance during an unannounced compliance test; and
( 4 ) Monitoring the performance of signal-related tasks.
( b ) An unannounced compliance test shall: ( 1 ) Be performed by a certified signal employee; and
( 2 ) Be given to each certified signal employee at least once each calendar year, except as provided for in paragraph (d) of this section.
( c ) If the railroad's certification program classifies signal employees pursuant to § 246.107, the unannounced compliance test shall be within scope of the certified signal employee's classification.
( d ) A certified signal employee who is not performing signal work that requires certification pursuant to this part does not need to be given an unannounced compliance test. However, when the certified signal employee returns to signal work that requires certification pursuant to this part, the railroad shall: ( 1 ) Give the certified signal employee an unannounced compliance test within 30 days of their return to signal work that requires certification; and
( 2 ) Retain a written record that includes the following information: ( i ) The date the certified signal employee stopped performing work that required certification pursuant to this part;
( ii ) The date the certified signal employee returned to signal work that required certification pursuant to this part; and
( iii ) The date and the result of the unannounced compliance test was performed following the signal employee's return to signal work requiring certification.
( e ) Each railroad shall adopt and comply with a program meeting the requirements of this section. When any person (including but not limited to a railroad; any manager, supervisor, official, or agent of a railroad; any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; any employee of such owner, manufacturer, lessor, lessee, or independent contractor or subcontractor) violates any requirement of a program which complies with the requirements of this section, that person shall be considered to have violated the requirements of this section.
INDEMNIFICATION AGREEMENT

(401(K) PLAN)

 

 

	**AGREEMENT**, made this March 1, 2002, by and between Jerry Kieliszak (hereinafter referred to as "Trustee"), and Chyron Corporation, a New York corporation with its principal offices at 5 Hub Drive, Melville, New York 11747.

	**WHEREAS**, the Trustee has agreed to provide his service to the Chyron Corp. 401(K) Plan, (the "Plan") provided that Chyron Corporation (the "Company") agrees to indemnify and hold it harmless for certain actions or inactions as Trustee; and

	**WHEREAS**, the Company has agreed to indemnify and hold harmless the Trustee for certain actions or inactions as Trustee.

	**NOW, THEREFORE**, the parties agree as follows:

	1.	To the maximum extent permitted by the Employee Retirement Income Security Act of 1974 and by other applicable Federal or state law, the Trustee shall not be liable for (either jointly or severally), and the Company shall indemnify the Trustee against, and agree to hold the Trustee harmless from, any and all liabilities and claims (including reasonable attorney's fees and expenses in defending against such liabilities and claims) against the Trustee arising from any action or inaction of the Trustee with respect to the Plan, unless such liability or expense results from grossly negligent or willful acts of commission or omission by the Trustee.  The foregoing indemnification also shall apply to all liabilities and claims against the Trustee arising from any breach of fiduciary responsibility by fiduciaries other than Trustee, unless the Trustee participates knowingly in such breach, or has actual knowledge of such breach and fails to take reasonable remedial action to remedy such breach.  The Trustee shall be entitled to collect on the Company's indemnity under this Agreement only from the Company and shall not be entitled to payment directly or indirectly from the Plan.

	2.	The Trustee shall give the Company prompt written notice of any asserted or potential claim by any party with respect to which the Trustee reasonably expects to assert a claim for indemnification.  The Company shall have the right to defend and control the nature of any action or defense to any such claim or demand which may be asserted against the Trustee for which the Trustee reasonably expects to assert a claim for indemnification.

	**IN WITNESS WHEREOF**, the parties hereto have set their hands and executed this Agreement, effective March 1, 2002.
#### Charles Raht, *Executor, etc., Plaintiff., v.*Henry Y. Attrill and others, Defendants.—

Order affirmed, with costs and disbursements. Opinion by

Dykman, J.;

Pratt, J., not sitting.
# EUR-Lex - 52003XC1008(03) - EN

Avis juridique important

*|*

# 52003XC1008(03)

**Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections (Text with EEA relevance) **

*
Official Journal C 241 , 08/10/2003 P. 0013 - 0013 *

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2003/C 241/19)

(Text with EEA relevance)

Date of adoption of the decision: 23.7.2003

Member State: Belgium

Aid No: N 763/02

Title: Increase in the capital of La Poste

Objective: Capital injection by the Belgian State

Legal basis: - Articles 39, 40, 147.2 de la loi sur les entreprises autonomes du 31.3.1991

- De artikelen 39, 40 en 147, lid 2, van de wet op de autonome overheidsbedrijven van 31.3.1991

Budget: EUR 297,5 million

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at

http://europa.eu.int/comm/ secretariat_general/sgb/state_aids
Editorial Note on Part 192
Editorial Note: Nomenclature changes to part 192 appear at 71 FR 33406, June 9, 2006.

§ 192.731 Compressor stations: Inspection and testing of relief devices. ( a ) Except for rupture discs, each pressure relieving device in a compressor station must be inspected and tested in accordance with §§ 192.739 and 192.743, and must be operated periodically to determine that it opens at the correct set pressure.
( b ) Any defective or inadequate equipment found must be promptly repaired or replaced.
( c ) Each remote control shutdown device must be inspected and tested at intervals not exceeding 15 months, but at least once each calendar year, to determine that it functions properly.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-43, 47 FR 46851, Oct. 21, 1982]
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2404 Received in Senate (RDS)]

104th CONGRESS
  1st Session
                                H. R. 2404

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 25), 1995

                                Received

_______________________________________________________________________

                                 AN ACT

 
 To extend authorities under the Middle East Peace Facilitation Act of 
          1994 until November 1, 1995, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION. 1. EXTENSION OF AUTHORITIES.

    (a) In General.--Section 583(a) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), as 
amended by Public Law 104- 22, is amended by striking ``October 1, 
1995,'' and inserting ``November 1, 1995,''.
    (b) Consultation.--For purposes of any exercise of the authority 
provided in section 583(a) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236) prior to October 5, 
1995, the written policy justification dated June 1, 1995, and 
submitted to the Congress in accordance with section 583(b)(1) of such 
Act, and the consultations associated with such policy justification, 
shall be deemed to satisfy the requirements of section 583(b)(1) of 
such Act.

            Passed the House of Representatives September 28, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```
#### § 225.13 Late reports.

Whenever a railroad discovers that a report of an accident/incident, through mistake or otherwise, has been improperly omitted from or improperly reported on its regular monthly accident/incident report, a report covering this accident/incident together with a letter of explanation must be submitted immediately. Whenever a railroad receives a partially or fully completed Employee Statement Supplementing Railroad Accident Report (part II of Form FRA F 6180.78), in response to a Notice to Railroad Employee (part I of Form FRA F 6180.78) issued by the railroad and mailed or hand delivered to the employee, the railroad must promptly review that Supplement; based on that review, reassess the accuracy and validity of the railroad's Rail Equipment Accident/Incident Report and of any other reports and records required by this part concerning the same accident, including the Employee Human Factor Attachment; make all justified revisions to each of those reports and records; submit any amended reports to FRA; and submit a copy of any amended Rail Equipment Accident/Incident Report, Employee Human Factor Attachment, and Highway-Rail Grade Crossing Accident/Incident Report on the accident to the employee. A second notice under § 225.12 is not required for the employee. If an employee who was never sent a notice under § 225.12 for that accident is implicated in the revised Employee Human Factor Attachment, the railroad must follow the procedures of § 225.12(d).

[39 FR 43224, Dec. 11, 1974, as amended at 55 FR 37828, Sept. 13, 1990; 61 FR 30973, June 18, 1996]
EXHIBIT 23.2

Consent of Auditors

The Board of Directors
CSW Investments:

          We consent to the incorporation by reference in the registration
statements on Form S-8 (Nos. 2-70746, 33-12992, 33-49301, 33-63027 and 33-64233)
and on Form S-3 (Nos. 33-50193 and 333-00911) of Central and South West
Corporation of our report dated 22 January 1997, with respect to the
consolidated balance sheet of CSW Investments and subsidiaries as of 31 December
1996, and the related consolidated statements of earnings and cashflows for the
year then ended, which report appears in the 31 December 1996, annual report on
Form 10-K of Central and South West Corporation.



KPMG Audit Plc                                               London, England
Chartered Accountants                                        10 March 1997
Registered Auditors
§ 215.105 Defective axle. A railroad may not place or continue in service a car, if— ( a ) An axle on the car has a crack or is broken;
( b ) An axle on the car has a gouge in the surface that is— ( 1 ) Between the wheel seats; and
( 2 ) More than one-eighth inch in depth;
( c ) An axle on the car, used in conjunction with a plain bearing, has an end collar that is broken or cracked;
( d ) A journal on the car shows evidence of overheating, as evidenced by a pronounced blue black discoloration; or
( e ) The surface of the plain bearing journal on the axle, or the fillet on the axle, has— ( 1 ) A ridge;
( 2 ) A depression;
( 3 ) A circumferential score;
( 4 ) Corrugation;
( 5 ) A scratch;
( 6 ) A continuous streak;
( 7 ) Pitting;
( 8 ) Rust; or
( 9 ) Etching.
**MEMORANDUM**

DATE: November 13, 2014 TO: Clean Power Plan for Existing Power Plants; Docket I d: OAR

–2013
- 0602 FROM: EPA Region 1 SUBJECT: November 6, 2014 , Panel di scussion including the Proposed Clean Power Plan for

Existing Power Plants during the M IT Climate CoLab Crowds and Climate Conference
**SUMMARY** The Massachusetts Institute of Technology ’s Climate CoLab held a conference titled “Crowds and Climate” on Nov ember 6 and 7, 2014. On November 6, Curt Spalding participated in a panel discussing policy initiatives to address climate change and discussed the Clean Power Plan for Existing Power Plants. **ATTENDEES :**  Curt Spalding, EPA Cy nthia Greene, EPA Approxim ately

300 people attended this conference. Attendance was not taken by EPA