alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pursuant to 5 T H C IR . R. 47.5 , th e court has determined that this o pinion should not * be publishe d an d is not precede nt except under the limit ed circu mstance s set forth in 5 T H C IR . R. 47.5 .4. 

### INTHE UNI TED S TATESCOU RT OFAPPEALS

FORTHE FIFTH CIRCU IT

N o. 09- 50307 Su m m ar y C al endar
UN I TE D S TA TE S OF AM ERI CA, P l ai n t i f f

- A pp el l ee
v. IS ID R O D E L G A D O M O R A , a ls o k n o w n a s Is id r o M o r a -D e lg a d o , D e fe nda nt
- Appe l l ant
A pp ealf

rom t h e U n i t ed S t ates D i st ri ctC ou rt f or t h e W est ern D i st ri ctof T exas U SD C N o. 6: 08- C R
- 198- 1
B ef ore W IE N E R , D eM O S S , an d S O U T H W IC K , C i rcui tJu dg es. P E R C U R I A M: * I s i dr o D e l ga do M o r a pl e ad e d gui l t y be f o r e a m ag i s t r at e j udg e (M J) t o o ne c o u n t o f ille g a l re e n tr yin to th e U n ite d S t a t e s a fte rh a v in gb e e n p r e v io u s ly depor t e d f

o l l o wi nga n a g g r a v a t e d fe l o nyc o nv i c t i o n. He was s e nt e nc e d t o 60 m on t h s of

i m pri sonm en t . H e argu es f or t h e f i rstt i m e on ap pea l t h at t h e di st ri ct cou rt erred i n sen ten ci n g h i m w i th ou t a ff i rm a tive l y ad op ti n g h i s p l ea of gu i l ty ort he M J’ s r epo r tr ec om m endi ng t hatt he di st r i c tc our tac c epthi s gui l t y pl ea. United States Court of App eals

Fifth Circuit 

### F I L E D December

30, 2009 Cha rl es R. F ulb ru g e II I ClerkN o. 09- 50307

2 T h is C o u r t’s re v ie w is fo rp la in e r r o r . P u cket tv. Un i t ed S t ate s , 12 9 S
. C t. 14 23 , 14 29 ( 20 09 )
. To s ho w pl ai n e r r o r , t he ap pe l l ant m us t s ho w a forfei t ed e r r o rt h a t is cle a ro ro b v io u s a n d th a t a ffe c ts h is s u b s ta n tia l rig h ts . I d. I f t he ap pel l an tm ak es such a show i n g, t h i s court h as t h e di scr et i on t o cor rectt h e err or bu tonl y i f

i tser i ou sl y af

fect s t h e fai rness, i n t egri t y, or pu bl i c r epu t atio n of ju d ic ia l p r o c e e d in g s . I d. T h e r e c o r d in d ic a t e s th a tth e d is t r ic tc o u r tim p li c it l y a c c e p t e d M o r a ’s gu i l t y pl ea. M ora can n otsh ow tha tthe di st ri ctcou rtcom m i t t ed an obvi ou s er ror i n fai l i ng t o af

f i r m at ive l y ac c e pt hi s gui l t y pl e a be f o r e s e nt e nc i ng, no rt hatt he c o u r t’s fa ilu r e to d o s o a ffe c te d h is s u b s ta n tia l rig h ts . Se ei d. ; Uni t e d St at e s v. Moral es- S osa , 1 9 1 F .3 d 5 8 6 , 5 8 8 ( 5 th C ir . 1 9 9 9 ); Un i t ed S t ate s v. S anf ord , 429 F .3 d 1 0 4 , 1 0 7 n .2 (5 th C ir . 2 0 0 5 ). A F F IR M E D
.
NORTHEASTERN FOREST EXPERIMENT STATION 

Uppet Darby, Pennsylvania 

NO* 29 

April 1954 

Effect Of Aramate On ~nwanted Growth 

In Oak--Yellow-Poplar Stands In New Jersey 

Stands of mixed oaks and yellow-poplar form the most 

valuable forest crop on many sites in central 'and northern 

New Jersey and in the Delaware Valley of southernNew Jersey. 

However, these stands often contain shrubs and low-value 

hardwood trees that prevent satisfactory restocking of cutover areas. 

One method of controlling these unwanted shrubs and 

trees would be to treat them with a chemical such as ammate 

or 2,4,5-T. A small test of ammate was made on such trees 

and shrubs in a woodlot near Pennington, N. J., on June 5, 

1952. On a 1/5-acre plot 149 stems 6 feet tall to 8 inches 

in diameter (breast highj were treated. By species these . 

were as follows: 

Species 

St- 

(NO. ) Size - 

Dogs~ood 40 7 feet tall to 5 inches diameter 

Sugar maple 30 6 feet tall to 5 inches diameter 

Red maple 12 1 to binchesdiameter 

Elm 20 7 feet tallto8inches diameter 

Black cherry 15 1 to 6 inches diameter 

Blackhaw 25 6feettallto3inchesdiameter 

Ash 6 lto7inchesdiameter 

Spicebush 1 7 feettall (tallestinaclump) 

Small stems, mostly those less than 3 inches in &ametar, wepe felled; and -ammate crystals were placed in the 

V-shaped stumps. Large stems were treated by placing ammate 

incups choppedneartheground. The rateofapplication 

was 1 tablespoonful of smmate crystals for stem 2 inches or 

less in diameter; for larger trees the number of tablespoonf uls was figured as the diameter (breast high) divided by 2. 

When standing stems were treated, a cup was cut for each 

tablespoonful. 

When examined in September 1953, all the treated 

stems had been affected. All dogwoods, blackhaws, and black 

1 
cherries had been comp1etely killed. All the stems of sugar 

maple had also died, but one had sprouted at the base. All 

but one elm stem had died without resprouting, and that one 

was severely damaged. More than 60 percent of the red maples. 

had been killed, and the others were severely damaged.a 

Treating the largest stem of spicebush had killed all old 

stems in the clump, and there were only two new weak sprouts, 

Ash was the most resistant species: on a third of the 

treated stem less than half of the crown had been kiiled. 

Evidently this treatment would be a highly effective 

way of ellrnhating many undesirable stems from an oak'--- 

yellow-poplar stand, but it could be rather costly. On the 

average it took about I man-minute of time and 1 ounce of 

ammate for each stem treated in this small experhent; here 

the cost on a per-acre basis would be about $20. 

-4. LITTLE and H. A. SOMES
L. T. , Appellant,

v. STATE OF FLORIDA , 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 14

- 4983

_____________________________/ Opinion filed January 20, 2016. An appeal from the Circuit Court for Leon County

. Charles W. Dodson , Judge

. Shannon Stallings, Apalachicola , for Appellant. Pamela Jo Bondi, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee , for Appellee.

PER CURIAM. Appellant, L.T., a minor, appeals a Juvenile Disposition Order in which the trial court withheld adjudication on the offense of affray and imposed probation. We2 reject without further discussion Appellant’s argument that the trial court imposed a duty to retreat upon her . However, we agree with Appellant that the t rial court
abused its discretion in overruling her lack

- of

- foundation objection to the admissibility of the videotape showing the altercation at iss ue that occurred on her school bus. Although the trial court ruled as it did because it did not “know how it [the video] could hurt the case” and did not see “anything in there that would be damaging” to Appellant, the trial court ulti mately found that Appellant committed affray by relying almost exclusively on what it saw in the video. Because the St ate failed to authenticate the video, we reverse the order on appeal and remand for further proceedings. See § 90.901, Fla. Stat. (2013) (“A uthentication or identification of evide nce is required as a condition p recedent to its admissibility.”); see also Wagner v. State , 707 So. 2d 827, 830 (Fla. 1st DCA 1998) (explaining how a photograph or videotape may be authenticated). REVERSED and REMANDED for further proceedings

. LEWIS , ROWE , and BILBREY , J J

. , CONCUR.
# C_2007297EN.01004501.xml

| 8.12.2007 | EN | Official Journal of the European Union | C 297/45 |
| --- | --- | --- | --- |

8.12.2007

EN

Official Journal of the European Union

C 297/45

---

Action brought on 15 October 2007 — Earth Products v OHIM — Meynard Designs (EARTH)

(Case T-389/07)

(2007/C 297/91)

Language in which the application was lodged: English

Parties

Applicant: Earth Products, Inc. (Carlsbad, United States) (represented by: M. Graf, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant

Other party to the proceedings before the Board of Appeal: Meynard Designs, Inc. (Waltham, United States)

Other party to the proceedings before the Board of Appeal:

Form of order sought

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 9 August 2007 insofar as it has upheld the decision of the Opposition Division; |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market of 9 August 2007 insofar as it has upheld the decision of the Opposition Division;

| — | order the defendant to bear its own costs and to pay those of the applicant. |
| --- | --- |

—

order the defendant to bear its own costs and to pay those of the applicant.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Applicant for the Community trade mark:

Community trade mark concerned: The figurative mark ‘EARTH’ for goods in class 25 — application No 2 907 608

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Meynard Designs, Inc.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited: The Community and national figurative mark ‘EARTH’ for goods in classes 3, 14, 18, 25 and 35

Mark or sign cited:

Decision of the Opposition Division: Opposition upheld in its entirety

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the conflicting trade marks are not visually or phonetically similar.

Pleas in law:

---
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

CASCADE HEALTH SOLUTIONS FKA

MCKENZIE-WILLIAMETTE

HOSPITAL, an Oregon nonprofit

corporation,

 Plaintiff - Appellant,

 v.

PEACEHEALTH, a Washington State

nonprofit corporation,

 Defendant - Appellee,

 and

PACIFICSOURCE HEALTH PLANS,

 Defendant,

REGENCE BLUECROSS BLUESHIELD

OF OREGON; PROVIDENCE HEALTH

PLAN; MCKENZIE-WILLIAMETTE

REGIONAL MEDICAL CENTER

ASSOCIATES, LLC,

 Defendant-Intervenors.

No. 05-35627

D.C. No. CV-02-06032-ALH

District of Oregon, 

Portland

ORDER VACATING PRIOR

ORDER CERTIFYING

QUESTION TO THE SUPREME

COURT OF OREGON, AND

FOR ISSUANCE OF MANDATE

MCKENZIE-WILLAMETTE

HOSPITAL,

No. 05-35640

FILED

SEP 03 2008

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 Plaintiff - Appellee,

 v.

PEACEHEALTH, a Washington State

nonprofit corporation,

 Defendant - Appellant,

 and

PACIFICSOURCE HEALTH PLANS,

 Defendant,

REGENCE BLUECROSS BLUESHIELD

OF OREGON; PROVIDENCE HEALTH

PLAN; MCKENZIE-WILLIAMETTE

REGIONAL MEDICAL CENTER

ASSOCIATES, LLC,

 Defendant-Intervenors.

D.C. No. CV-02-06032-HA

District of Oregon, 

Portland

MCKENZIE-WILLAMETTE

HOSPITAL,

 Plaintiff - Appellee,

 v.

PEACEHEALTH, a Washington State

nonprofit corporation,

 Defendant - Appellant.

No. 05-36153

D.C. No. CV-02-06032-HA

District of Oregon, 

Portland
MCKENZIE-WILLAMETTE

HOSPITAL, an Oregon nonprofit

corporation,

 Plaintiff - Appellant,

 v.

PEACEHEALTH,

 Defendant - Appellee.

No. 05-36202

D.C. No. CV-02-06032-HA

Before: GOULD, PAEZ, and RAWLINSON, Circuit Judges.

On August 25, 2008, this Court was advised that the parties have resolved

the dispute that gave rise to this appeal. In light of this resolution, the motion to

vacate certification and for mandate is GRANTED. Our prior Order Certifying

Question To The Supreme Court Of Oregon is hereby VACATED. The question

certified to the Oregon Supreme Court shall be withdrawn and our clerk of court

shall transmit a copy of this order to the Oregon Supreme Court with advice that

we withdraw our certified question which is now moot in light of the parties’

resolution of the appeal. Also, the clerk of our court is instructed to issue the

mandate in this case. 
-4-
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# 5th Annual American Indian/Alaskan Native Safety Campaign 1987 poster competition

                - U.S. Government Posters

## Description

                    -           Title        
                    -  5th Annual American Indian/Alaskan Native Safety Campaign 1987 poster competition 
                    -           Creator        
                    -  United States. Indian Health Service 
                    -           Publisher        
                    -  United States. Indian Health Service 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  144 × 56 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  018885619.jpg; 018885619.jpg 

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                - 100 Main Library (LIB)
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# Armed Forces insignia

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## Description

                    -           Title        
                    -  Armed Forces insignia 
                    -           Subjects        
                    -  United States. Armed Forces 
                    -           Subject: Time        
                    -  1990-2000 
                    -           Subject: Place        
                    -  United States 
                    -           Series Title        
                    -  DoD poster ; P-2FDoD PP-2 F. 
                    -           Physical Description        
                    -  196 × 65 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ideal Contex Magnum G600 54 Plus at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at The University of Iowa Libraries: lib-govpub@uiowa.edu 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  D101.35.360-89.jpg 
                    -           OCLC Collection Number        
                    -  429489521 

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                - ©2020  The University of Iowa
                -
[Federal Register Volume 72, Number 70 (Thursday, April 12, 2007)]
[Notices]
[Pages 18485-18486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6898]


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

DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

[CBP Dec. 07-21]


Re-Accreditation and Re-Approval of AMSPEC Services LLC as a 
Commercial Gauger and Laboratory

AGENCY: Bureau of Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of re-approval of Amspec Services LLC of Linden, New 
Jersey, as a commercial gauger and laboratory.

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

SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 
151.13, Amspec Services LLC, 360 East Elizabeth Avenue, Linden, New 
Jersey 07036, has been re-approved to gauge petroleum and petroleum 
products, organic chemicals and vegetable oils, and to test petroleum 
and petroleum products for customs purposes, in accordance with the 
provisions of 19 CFR 151.12 and 151.13. Anyone wishing to employ this 
entity to conduct laboratory analysis or gauger services should request 
and receive written assurances from the entity that it is accredited or 
approved by the Bureau of Customs and Border Protection to conduct the 
specific test or gauger service requested. Alternatively, inquiries 
regarding the specific tests or gauger services this entity is 
accredited or approved to perform may be directed to the Bureau of 
Customs and Border Protection by calling (202) 344-1060. The inquiry 
may also be sent to http://www.cbp.gov/xp/cgov/import/operations_support/labs_scientific_svcs/org_and_operations.xml.

[[Page 18486]]


DATES: The re-approval of Amspec Services LLC as a commercial gauger 
and laboratory became effective on August 3, 2005. The next triennial 
inspection date will be scheduled for August 2008.

FOR FURTHER INFORMATION CONTACT: Eugene J. Bondoc, Ph.D, or Randall 
Breaux, Laboratories and Scientific Services, Bureau of Customs and 
Border Protection, 1300 Pennsylvania Avenue, NW., Suite 1500N, 
Washington, DC 20229, 202-344-1060.

    Dated: April 6, 2007.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services.
 [FR Doc. E7-6898 Filed 4-11-07; 8:45 am]
BILLING CODE 9111-14-P
[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Notices]
[Page 19219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7269]


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

NUCLEAR REGULATORY COMMISSION


Advisory Committee on Reactor Safeguards; Subcommittee Meeting on 
Planning and Procedures; Notice of Meeting

    The ACRS Subcommittee on Planning and Procedures will hold a 
meeting on May 2, 2007, Room T-2B1, 11545 Rockville Pike, Rockville, 
Maryland.
    The entire meeting will be open to public attendance, with the 
exception of a portion that may be closed pursuant to 5 U.S.C. 
552b(c)(2) and (6) to discuss organizational and personnel matters that 
relate solely to the internal personnel rules and practices of the 
ACRS, and information the release of which would constitute a clearly 
unwarranted invasion of personal privacy.
    The agenda for the subject meeting shall be as follows:
    Wednesday, May 2, 2007, 8:30 a.m.-10 a.m.
    The Subcommittee will discuss proposed ACRS activities and related 
matters. The Subcommittee will gather information, analyze relevant 
issues and facts, and formulate proposed positions and actions, as 
appropriate, for deliberation by the full Committee.
    Members of the public desiring to provide oral statements and/or 
written comments should notify the Designated Federal Official, Mr. Sam 
Duraiswamy (telephone: 301-415-7364) between 7:30 a.m. and 4 p.m. (ET) 
five days prior to the meeting, if possible, so that appropriate 
arrangements can be made. Electronic recordings will be permitted only 
during those portions of the meeting that are open to the public.
    Further information regarding this meeting can be obtained by 
contacting the Designated Federal Official between 7:30 a.m. and 4 p.m. 
(ET). Persons planning to attend this meeting are urged to contact the 
above named individual at least two working days prior to the meeting 
to be advised of any potential changes in the agenda.

    Dated: April 11, 2007.
Cayetano Santos,
Acting Branch Chief, ACRS.
[FR Doc. E7-7269 Filed 4-16-07; 8:45 am]
BILLING CODE 7590-01-P
110 STAT. 2418 PUBLIC LAW 104–198—SEPT. 18, 1996

LEGISLATIVE HISTORY—H.R. 740:

HOUSE REPORTS: No. 104–694 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 142 (1996):

July 29, considered and passed House.

Sept. 4, considered and passed Senate.

Æ

Public Law 104–198

104th Congress

An Act

To confer jurisdiction on the United States Court of Federal Claims with respect

to land claims of Pueblo of Isleta Indian Tribe.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. JURISDICTION.

Notwithstanding sections 2401 and 2501 of title 28, United

States Code, and section 12 of the Act of August 13, 1946 (60

Stat. 1052), or any other law which would interpose or support

a defense of untimeliness, jurisdiction is hereby conferred upon

the United States Court of Federal Claims to hear, determine,

and render judgment on any claim by Pueblo of Isleta Indian

Tribe of New Mexico against the United States with respect to

any lands or interests therein the State of New Mexico or any

adjoining State held by aboriginal title or otherwise which were

acquired from the tribe without payment of adequate compensation

by the United States. As a matter of adequate compensation, the

United States Claims Court may award interest at a rate of five

percent per year to accrue from the date on which such lands

or interests therein were acquired from the tribe by the United

States. Such jurisdiction is conferred only with respect to claims

accruing on or before August 13, 1946, and all such claims must

be filed within three years after the date of enactment of this

Act. Such jurisdiction is conferred notwithstanding any failure of

the tribe to exhaust any available administrative remedy.

SEC. 2. CERTAIN DEFENSES NOT APPLICABLE.

Any award made to any Indian tribe other than the Pueblo

of Isleta Indian Tribe of New Mexico before, on, or after the date

of the enactment of this Act under any judgment of the Indian

Claims Commission or any other authority with respect to any

lands that are the subject of a claim submitted by the tribe under

section 1 shall not be considered a defense, estoppel, or set-off

to such claim, and shall not otherwise affect the entitlement to,

or amount of, any relief with respect to such claim.

Approved September 18, 1996.

New Mexico.

Sept. 18, 1996

[H.R. 740]