alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Lothrop v. Flower.

Appellate Practice.

The findings of fact of the court below upon conflicting evidence will not be disturbed.

*Appeal from the District Court of Arapahoe County.*

Mr. Samuel H. Baker, for appellant.

No appearance for appellee.

Reed, P. J.,

delivered the opinion of the court.'

Appellee brought suit to recover $200, as alleged commission due in regard to a certain transaction. The original claim was for $240, but a settlement was had, and $200 was the amount agreed upon, and conceded by appellant, for which amount suit was brought. In answer to complaint of appellee, appellant filed a counterclaim or set-off. It appears that the parties had exchanged properties, that from appellee to appellant being an unfinished residence, requiring various small jobs to be done to complete it, which it is alleged appellee agreed to do, but failed, and appellant caused them to be done, charging the cost to appellee. The sum claimed by *174appellant was : Money expended $166.80, damage by loss of time and failure to perform $60.00, total $226.80.

There was a trial to the court without a jury in the county court, resulting in a judgment against appellant for $161.45. An appeal was taken to the district court,- where a trial was had to the court without a jury, resulting in a judgment against appellant for $179.44, from which an appeal was taken to this court.

The assignments of error are general; in effect, that the court should have found for the other party. There are no specific objections, and no questions of law raised to be determined.

The evidence was conflicting, and the only question for the court appears to have been what amount of counterclaim or set-off appellant should be allowed. The court, apparently, found the amount to be something over $20.00, and gave judgment for the balance.

The amount to be allowed was a question of fact, deducible from the evidence, and dependent to some extent upon the credit given to the evidence of respective witnesses. The court was in a- better position to decide the questions presented than we can be, and the finding and judgment should not be disturbed.

*Affirmed.*
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT MARY E. RUCKER, Plaintiff-Appellee,

v. No. 96-1129 ANDERSON COUNTY SCHOOL DISTRICT FIVE, Defendant-Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., District Judge. (CA-93-2764-8-3AK) Submitted: September 30, 1996 Decided: October 15, 1996 Before HALL, NIEMEYER, and HAMILTON, Circuit Judges.

_________________________________________________________________ Affirmed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Mary E. Rucker, Appellant Pro Se. Kenneth Lendren Childs, Allen Dean Smith, CHILDS & DUFF, P.A., Columbia, South Carolina, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).OPINION PER CURIAM: Mary E. Rucker appeals from the district court's order adopting thereport and recommendation of the magistrate judge and granting summary judgment to Defendant in her employment discrimination action. She also appeals the district court's order denying her Fed. R. Civ. P. 59(e) motion to alter or amend the judgment. We have reviewed the district court's opinions and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. Rucker v. Anderson County Sch. Dist. Five , No. CA-93-2764- 8-3AK (D.S.C. Oct. 30 & Dec. 26, 1995). In addition, on appeal, Rucker attempts to raise numerous claimsnot addressed in her objections to the magistrate judge's report. However, because the district court is only required to"make a de novodetermination of those portions of the [magistrate's] proposed findings or recommendations to which objection is made," 28 U.S.C. § 636(b)(1) (1994), appellate review is waived as to all claims that could have been raised in objections, but were not. See Wright v. Collins , 766 F.2d 841, 845 (4th Cir. 1985). Finally, Rucker contends that her attorney in district court was incompetent. However, a litigant in a civil action has no constitutional or statutory right to effective assistance of counsel, and therefore, a claimant showing ineffective assistance is not entitled to collateral relief. The appropriate remedy for such a claim is a malpractice suit. Glick v. Henderson , 855 F.2d 536, 541 (8th Cir. 1988); MacCuish v. United States , 844 F.2d 733, 735-36 (10th Cir. 1988); Kushner v. Winterthur Swiss Ins. Co. , 620 F.2d 404, 407-08 (3d Cir. 1980).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
2
PUBLIC SUBMISSION

Received: October 25, 2017

Status: Pending_Post

Tracking No. 1k1-8zfc-gkb8

Comments Due: December 11, 2017

Submission Type: Web

Docket: EBSA-2015-0017

Claims Procedure for Plans Providing Disability Benefits; Extension of Applicability 

Date

Comment On: EBSA-2015-0017-0291

Claims Procedure: Plans Providing Disability Benefits

Document: EBSA-2015-0017-DRAFT-0393

Comment on FR Doc # 2017-22082

Submitter Information

Name: William Reynolds

Address: 8738 Washington Ave

Brookfield, IL, 60513

Email: wreynolds@debofsky.com

Phone: 3127657268

General Comment

I object to the proposed 90-day delay in the implementation of the new regulations. 

The DOL has already provided all sides a fair opportunity to comment and respond to 

the proposed regulations, and it had studied the effect of the change for over a year. 

Now, without reason, the DOL wishes to delay the implementation of the new 

regulations without any public disclosure. Because the DOL has already determined 

that the new regulations would not pose an undue burden on insurers and provides 

proper balance to the rights of ERISA claimants, I urge you to implement the 

regulations without delay. Thank you.
From: Rhonda Turner

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Tuesday, August 02, 2011 4:41:18 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Rhonda Turner

2111 Kasold Drive

Lawrence, KS 66047
From: Dorothy Vandendriessche

To: E-OHPSCA2713.EBSA

Subject: Conscious protection

Date: Wednesday, August 03, 2011 9:56:41 PM

Contraception should not be a mandated “preventive health service.” Respect for

conscience is foundational to a just society. At a minimum a robust conscience

protection should be granted, not only for all religious employers, but also for all

employers, insurers, and policy issuers with moral, ethical, or religious objections. As

it is, the limitations contained in the regulations for religious employers make the

exemption virtually meaningless.

Dorothy vandendriessche
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From: Jezreel Otto

To: E-OHPSCA2713.EBSA

Subject: Thank you for supporting birth control access for all women

Date: Tuesday, August 02, 2011 9:19:37 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Jezreel Otto

67-49 Clyde Street

Forest Hills, NY 11375
From: Meagan Bracy Hansen

To: E-OHPSCA2713.EBSA

Subject: Thank you so much for supporting birth control access for all women!!!

Date: Tuesday, August 02, 2011 5:51:21 PM

Dear Kathleen Sebelius, Secretary of Health & Human Services,

I commend the Department of Health & Human Services' landmark decision requiring health insurers to

cover the full cost of contraception, with no co-pay, beginning in August 2012.

This policy places a much-needed importance on women's health that is too-often not a priority in

health care policy. Birth control is a critical part of preventive care, and making contraception available

to all women, regardless of their insurance or ability to pay for it, will significantly reduce long-term

health care costs associated with unplanned pregnancies.

Thank you for prioritizing women's basic health care needs.

Sincerely,

Meagan Bracy Hansen

15414 SE Wallace Rd

Milwaukie, OR 97267
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Page 60209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18903]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK


Sunshine Act Meetings

Notice of Open Meeting of the Advisory Committee of the Export-
Import Bank of the United States (EXIM)

TIME AND DATE: Monday, September 11th, 2023, from 2 p.m.-3:30 p.m. EDT.

PLACE: Virtual meeting--The meeting will be virtually for committee 
members, EXIM's Board of Directors and support staff, and virtually for 
all other participants.

STATUS: Public Participation: The meeting will be open to public 
participation and time will be allotted for questions or comments 
submitted online. Members of the public may also file written 
statements before or after the meeting to <a href="/cdn-cgi/l/email-protection#2f4a575b4a5d414e436f4a57464201484059"><span class="__cf_email__" data-cfemail="25405d5140574b444965405d4c480b424a53">[email protected]</span></a>. Interested 
parties may register below for the meeting: https://events.teams.microsoft.com/event/762a4fb9-53bb-4114-ba3e-11b057cf3527@b953013c-c791-4d32-996f-518390854527.

MATTERS TO BE CONSIDERED: Discussion of EXIM policies and programs to 
provide competitive financing to expand United States exports and 
comments for inclusion in EXIM's Report to the U.S. Congress on Global 
Export Credit Competition.

CONTACT PERSON FOR MORE INFORMATION: For further information, contact 
India Walker, Senior External Engagement Specialist, at 202-480-0062 or 
at <a href="/cdn-cgi/l/email-protection#3d545359545c134a5c5156584f7d58455450135a524b"><span class="__cf_email__" data-cfemail="94fdfaf0fdf5bae3f5f8fff1e6d4f1ecfdf9baf3fbe2">[email protected]</span></a>.

Joyce B. Stone,
Assistant Corporate Secretary.
[FR Doc. 2023-18903 Filed 8-29-23; 11:15 am]
BILLING CODE 6690-01-P


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#### Andrew J. Crofut v. Morris Woolf and others.

Order affirmed, with ten dollars costs and disbuisements.
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44248

STATE OF IDAHO,

Plaintiff-Respondent,

v.

EMILY ROSE BAKER,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2016 Unpublished Opinion No. 807

Filed: December 7, 2016

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia

County. Hon. Michael R. Crabtree, District Judge. 

Order denying Idaho Criminal Rule 35 motion, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before MELANSON, Chief Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Emily Rose Baker pleaded guilty to possession of a controlled substance with the intent 

to deliver, Idaho Code § 37-2732(a)(1)(A). The district court imposed a unified nine-year 

sentence, with three years determinate. Baker filed an Idaho Criminal Rule 35 motion, which the 

district court denied. Baker appeals.

A motion for reduction of sentence under I.C.R. 35 is essentially a plea for leniency, 

addressed to the sound discretion of the court. State v. Knighton, 143 Idaho 318, 319, 144 P.3d 

23, 24 (2006); State v. Allbee, 115 Idaho 845, 846, 771 P.2d 66, 67 (Ct. App. 1989). In 

presenting an I.C.R. 35 motion, the defendant must show that the sentence is excessive in light of 

new or additional information subsequently provided to the district court in support of the 
2

motion. State v. Huffman, 144 Idaho 201, 203, 159 P.3d 838, 840 (2007). An appeal from the 

denial of an I.C.R. 35 motion cannot be used as a vehicle to review the underlying sentence 

absent the presentation of new information. Id. Because no new or additional information in 

support of Baker’s I.C.R. 35 motion was presented, the district court did not abuse its discretion. 

Baker’s I.C.R. 35 motion is affirmed.
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**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 14**  **- 6121** 

ALFRED DONNIE MARTIN, JR. , Plaintiff

- Appellant ,
v. BROAD RIVER CORR
. INSTITUTION; MAJOR SHARON SUTTON; PVT JONES; INMATE RICHARD M. KOUGH , Defendants

- Appellees
.

Appeal from the United States District Court for the District of South Carolina , at Charleston
. Timothy M. Cain , District Judge. ( 2:13

- cv - 01510

- TMC )

Submitted : April 17, 2014 Decided: April 23, 2014

Before WILKINSON, KING, and DUNCAN , Circuit Judges.

Affirmed by un published per curiam opinion
.
Alfred Donnie Martin, Jr. , Appellant Pro Se. Jocelyn Newman , RICHARDSON, PLOWDEN & ROBINSON, PA , Columbia, South Carolina, for Appellees
. Unpublished opinions are not binding prec edent in this circuit.2 PER CURIAM: Alfred Donnie Martin, Jr. **,** appeals the district
court ’ s order s accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (200 6 ) complaint and denying his motion for reconsideration . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Martin v. Broad River Corr. Inst. , No. 2:13

- cv - 01510

- TMC (D.S.C. Nov. 19, 2013; Jan. 17, 2014)
. We deny Martin’s motion for appointment of counsel. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the decisional process.
AFFIRMED