alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 15-3751

___________________________ Darnell Wesly Moon lllllllllllllllllllll Plaintiff - Appellant
v. Federal Bureau of Prisons lllllllllllllllllllll Defendant - Appellee

____________ Appeal from United States District Court for the Eastern District of Missouri - Cape Girardeau

____________ Submitted: April 14, 2016 Filed: April 28, 2016 [Published]

____________ Before BENTON, ARNOLD, and SHEPHERD, Circuit Judges.

____________ PER CURIAM. Darnell Moon, formerly a federal inmate at the United States Penitentiary at Terre Haute, Indiana, appeals the districtcourt’s preservice dismissal of his action seeking relief under the Freedom of Info rmation Act (FOIA), 5 U.S.C. § 552. We grant his motion for leave to proceed in forma pauperis.While we agree that a litigant must e xhaust administrative remedies before bringing a FOIA action in federal court, seeElnashar v. United States Dep’t of Justice , 446 F.3d 792, 796 (8th Cir. 2006) (exhaustion of administrative remedies is prerequisite to bringing suit under FOIA), we conclude that because FOIA is silent as to whether exhaustion is a pleading require ment or an affirmative defense, see 5 U.S.C. § 552, the argument of non-exhaustion is an affirmative defense rather than a pleading requirement, see Jones v. Bock , 127 S.Ct. 910, 919 (2007) (if an act is silent as to whether exhaustion should be pled by pl aintiff or treated as affirmative defense, general practice under Federal Rules of Ci vil Procedure dictates that exhaustion should be treated as affirmative defense) . Thus, Mr. Moon was not required to plead exhaustion in his complaint. Accordingly, we reverse and remand fo r further proceedings consistent with this opinion.

______________________________

-2-
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

VERED EMANO and BERNARD EMANO

, Appellant s

,

v.

DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE

RALI 2006

- QS15,

Appellee.

No. 4D 2 2

- 108

[ October 20, 2022 ]

Appeal from the Circuit Court for the Sevent eenth Judicial Circuit,

Broward County ; Andrea Gundersen , Judge; L.T. Case No. CACE

10043460

.

Mark L. Pomeranz of Pomeranz & Associates, P.A., Hallandale, for

appellants.

Eve A. Cann of Baker, Donelson, Bearman , Caldwell & Berkowitz, PC,

Fort Lauderdale, for appellee.

P ER C URIAM

.

Affirmed.

L EVINE

, C ONNER and K UNTZ

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
#### John E. Donaldson and E. E. Babb, late copartners as Donaldson & Babb, Plaintiffs in Error, v. E. P. Rose and J. R. Saunders, Defendants in Error.

(No. 1).

Division A.

Writ of error to Circuit Court, Escambia county; Evelyn C. Maxwell, Judge.

Blount & Blount for plaintiffs in error.

John C. Avery for defendants in error.

*609This action was brought by the defendants in error against the plaintiffs in error. There was judgment for the plaintiffs, and the defendants take writ of error. The judgment is affirmed.

Decision *Per Curiam.*
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 513 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
S. RES. 513

         Honoring the 70th anniversary of the Warsaw Uprising.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2014

  Ms. Mikulski (for herself, Mr. Cardin, and Mr. Risch) submitted the 
 following resolution; which was referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                               RESOLUTION

 
         Honoring the 70th anniversary of the Warsaw Uprising.

Whereas August 1, 2014, marks the 70th anniversary of the Warsaw Uprising, a 
        heroic event during World War II during which citizens of Poland, 
        against all odds, fought against the Nazi occupation of Warsaw;
Whereas, on August 1, 1944, the Polish Home Army, with limited supplies and 
        armed with mostly homemade weapons, rose up against the Nazis to fight 
        the nationwide occupation of Poland by Nazi Germany;
Whereas the Polish resistance fought German forces for 63 days, suffering 
        extreme hardship, retribution, and personal sacrifice, and during which 
        approximately 250,000 Poles were killed, wounded, or went missing;
Whereas Adolf Hitler ordered the destruction of Warsaw as punishment for the 
        uprising, leaving 85 percent of the city of Warsaw in ruins, including 
        many historical buildings and monuments;
Whereas the actions of the Polish resistance inspire people throughout the world 
        who fight for freedom and democracy; and
Whereas the actions of the Polish people during the Warsaw Uprising were a 
        significant contribution to Allied war efforts during World War II and 
        those actions continue to be respected and remembered throughout Poland: 
        Now, therefore, be it
    Resolved, That the Senate recognizes the 70th anniversary of the 
Warsaw Uprising, which occurred during World War II and serves as a 
symbol of heroism and the power of the human spirit.
                                 <all>
```
|   |  (1) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                |
|--------|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |      |                                                                                                                                                 |
|   |  (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |

| Date: February  11, 2011 | By:  | /s/ David Ming He                                                                                                                                                      |
|------------------------------------|-----------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                               |      | Name:  David Ming He                                                                                                                                         |
|                               |      | Title:    Chief Financial Officer             (principal financial and accounting officer ) |
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#### J.E. SPENCER & ASSOCIATES, INC., a corporation, Appellant, v. CUSTOM AIRMOTIVE, INC., a corporation, Defendant, and Yellow Freight Systems, Inc., a corporation, Appellee.

No. 69114.

Court of Appeals of Oklahoma, Oklahoma City Divisions.

July 19, 1988.

John M. Freese, Freese & March, P.A., Tulsa, for appellant.

Stephen C. Wilkerson, Knight, Wagner, Stuart, Wilkerson & Lieber, Tulsa, for ap-pellee.

MEMORANDUM OPINION

BAILEY, Judge:

Upon consideration of the briefs, exhibits and record in the above styled matter, the Court FINDS:

1. Appellant seeks review of the Trial Court’s order granting partial summary judgment to Appellee in Appellant’s action to recover actual and consequential damages incurred to an aircraft engine during shipment from Defendant to Appellant via Appellee. The Trial Court held that Appel-lee’s liability, if any should be determined, was limited by the Carmack Amendment to the Interstate Commerce Act, 49 U.S.C. 11707, and granted partial summary judgment to Appellee on the issue of limitation of damages. Appellant seeks review.

2. The ruling of the Trial Court on Appel-lee’s motion for partial summary judgment resolved only one issue of the case, leaving remaining issues between the parties to be determined. The challenged order thus does not have the requisite “finality” so as to come within the definition of “final ap-pealable order” contained in 12 O.S.1981 § 953, or Rule 1.11, Rules of Appellate Procedure, 12 O.S.1986 Supp., Ch. 15, App. 2. *Reams v. Tulsa Cable Television, Inc.,*604 P.2d 373 (Okl.1979). Nor was the order granting partial summary judgment approved by the Trial Court as an “certified interlocutory order” under Rules 1.50 and 1.51, Rules of Appellate Procedure, 12 O.S. 1981 & 1984 Supp., Ch. 15, App. 2, appeal-able by Petition for Certiorari to the Supreme Court. The Trial Court’s order is not, therefore, subject to review by the appellate courts at this time. *Reams v. Tulsa Cable Television, Inc.,*supra.

This appeal is therefore DISMISSED.

HUNTER, P.J., and GARRETT, J., concur.
BEFORE THE UNITED STATES OF DEPARTMENT OFTRANSPORTATION WASHINGTON, DC May 5, 2015
Essential Air Service at 

## ..,

GREENVILLE, MISSISSIPPI OST-2008-0209 Under49 U.S.C. 41731 et seq.

NOTICE OF INTENTOF SEAPORTAIRLINES TO TERMINATE SERVICE AT GREENVILLE, MISSISSIPPI SeaPort Airlines, Inc.· ("SeaPort"), pursuant to Part 323 of the Department's regulations, hereby provides 90-day notice ofits intention to discontinue subsidized scheduled airservice between Memphis, Tennessee and Greenville, Mississippi ("Greenville"). SeaPort intends to discontinue this service on August 5, 2015 or such earlier date as permitted by the Department. By Order 2014-10-21 dated October 24, 2014, the Department selected SeaPort to provide subsidized Essential Air Service at Greeiwille. Unfortunately, SeaPort is no longer able to provide this service forthe reasons setforth below. First, the Federal Aviation Administration's new flight and duty limitations and the implementation of FAA Air Transportation Pilot ("ATP") 1,500 hours requirement for First Officers has created a nationwide shortage of pilots at Part 121 carriers. While SeaPort's operations are operated under Part 135, our operations have been impacted severely by recruitment of our pilots by Part 121carriers. This has prevented us from operating at Greenville with a high-degree ofschedule reliability.

# SEA(PORT
====AIRLINES Second, on April 3, 2015, the Mayor of Greenville wrote the Department expressing his "disappointment" with SeaPort's "poorly executed start of service," noting that 9 out of 72 flights were cancelled during the first two weeks of service. Notwithstanding that many 9f these cancellations were due to the reason stated above, most involved flights forwhich no passengers were booked. Given national pilot shortage, we continue to be faced with having to maketough choices with respecttothe "highest and best use" for limited pilot resources. Third, traffic levels have been far below levels forecasted by SeaPort its proposal to provide EAS at Greenville. To illustratethis point, on the day priorto service launch SeaPort held of grandtotal of16 reservations on all publishedflights departing Greenville.1 Wedo notbelieve these numberswill reverse themselves in the nearfuture, particularlywhenthe Mayor's letter referenced above stated that the community would suspend all marketing and promotional efforts related to the new service. Therefore, given the acute national pilot shortagethat is highly unlikelyto abate anytime soon and the lowtraffic levels atGreenville, SeaPort is no longerableto provide EAS atGreenville. We request that the Department solicit proposals for replacement service on an expedited basis. Once a replacement carrier is selected, SeaPortwill workthe Department, community, and replacement carrierto facilitate an orderlytransition.

Timothy Sieber Executive Vice President SeaPortAirlines, Inc. May 5, 2015

1 Advance bookings on March 15, 2015 for schedule published for salethrough September30, 2015. OST-2008-0209 May 5, 2015 Page 12
[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Notices]
[Page 12081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4580]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-74,892]


Stanley Black and Decker, CDIY Division, Warranty Evaluation 
Center (WEC), Including On-Site Leased Workers From Manpower, McAllen, 
TX; Amended Certification Regarding Eligibility to Apply for Worker 
Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a 
Certification of Eligibility to Apply for Worker Adjustment Assistance 
on January 18, 2011, applicable to workers of Stanley Black and Decker, 
CDIY Division, including on-site leased workers from Manpower, McAllen, 
Texas. The notice was published in the Federal Register on February 2, 
2011 (76 FR 5836).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers in the CDIY 
Division are engaged in activities related to the receiving and 
inspecting reconditioning products sent from customers to the Warranty 
Evaluation Center.
    New findings show that the correct name of the subject firm in its 
entirety should read Stanley Black and Decker, CDIY Division, Warranty 
Evaluation Center.
    Accordingly, the Department is amending this certification to 
include the Warranty Evaluation Center (WEC), CDIY Division of Stanley 
Black and Decker, McAllen, Texas.
    The intent of the Department's certification is to include all 
workers of the subject firm who were adversely affected by a shift in 
services to China, Taiwan and Poland.
    The amended notice applicable to TA-W-74,892 is hereby issued as 
follows:

    All workers of Stanley Black and Decker, CDIT Division, Warranty 
Evaluation Center (WEC), including on-site leased workers from 
Manpower, McAllen, Texas, who became totally or partially separated 
from employment on or after November 8, 2009, through January 18, 
2013, and all workers in the group threatened with total or partial 
separation from employment on date of certification through two 
years from the date of certification, are eligible to apply for 
adjustment assistance under Chapter 2 of Title II of the Trade Act 
of 1974, as amended.

    Signed in Washington, DC, this 13th day of February, 2012.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 2012-4580 Filed 2-27-12; 8:45 am]
BILLING CODE 4510-FN-P
<PAGE>   1

                                                                  Exhibit 10.51



                         GZA INVESTMENT ASSOCIATES TRUST
                        ASSIGNMENT OF BENEFICIAL INTEREST


      FOR AND IN CONSIDERATION of the payment of Twelve Thousand Dollars
($12,000), the receipt of which is hereby acknowledged, JOHN E. AYRES, holder
and owner of a one sixth (1/6) Interest ("the Interest") in the GZA Investment
Associates Trust, under declaration of trust dated November 21, 1984 and
recorded at Plymouth County Registry of Deeds, Book 5887, Page 95 ("the Trust"),
hereby assigns and transfers to GZA GEOENVIRONMENTAL, INC. ("Assignee"), and its
successors and assigns, all of Assignor's right, title and interest in and to
the Interest and as beneficiary of the Trust, for Assignee to hold forever.

      Assignor hereby covenants with Assignee that (i) Assignor is the owner of
the Interest, (ii) Assignor has good and marketable title thereto, (iii) the
Interest is free from all liens, encumbrances and charges, (iv) Assignor has
good right to assign and transfer the Interest, and (v) Assignor will warrant
and defend his title to the Interest, and his transfer to Assignee, against the
claims and demands of all persons.

      Assignee does hereby accept such assignment and transfer of the Interest
and the powers, rights and obligations as beneficiary of the Trust.

      IN WITNESS WHEREOF, Assignor and Assignee have respectively executed this
document as of this day of June 25, 1996.



Assignor:                           Assignee:

                                    GZA GEOENVIRONMENTAL, INC.


/s/                                 By: /s/
-------------------------               --------------------------------
JOHN E. AYRES                           LEONARD M. SEALE


/s/
------------------------- 
JOSEPH D. GUERTIN


/s/
------------------------- 
STEVEN J. TRETTEL
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Content Last Updated: 04/19/2010 

 

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Printable Version 

Walk-In Coolers and Freezers Preliminary Technical 

Support Document 

This page presents the chapters, reports, and appendices from the preliminary 

technical support document, which provides the analyses and results supporting 

the notice of public meeting and data availability for walk-in coolers and freezers. 

The following documents are available as Adobe Acrobat PDFs. Download Adobe

Reader. 

z Title Page (PDF 15 KB) 

z List of Acronyms and Abbreviations (PDF 21 KB) 

z Executive Summary (PDF 260 KB) 

Chapters 

z Chapter 1: Introduction (PDF 61 KB) 

z Chapter 2: Analytical Framework (PDF 197 KB) 

z Chapter 3: Market and Technology Assessment (PDF 252 KB) 

z Chapter 4: Screening Analysis (PDF 57 KB) 

z Chapter 5: Engineering Analysis (PDF 869 KB) 

z Chapter 6: Markups for Equipment Price Determination (PDF 217 KB) 

z Chapter 7: Energy Use Analysis (PDF 154 KB) 

z Chapter 8: Life-Cycle Cost and Payback Period Analysis (PDF 307 KB) 

z Chapter 9: Shipments Analysis (PDF 231 KB) 

z Chapter 10: National Impact Analysis (PDF 203 KB) 

z Chapter 11: Life-Cycle Cost Sub-Group Analysis (PDF 25 KB) 

z Chapter 12: Preliminary Manufacturer Impact Analysis (PDF 97 KB) 

z Chapter 13: Utility Impact Analysis (PDF 22 KB) 

z Chapter 14: Employment Impact Analysis (PDF 22 KB) 

z Chapter 15: Environmental Assessment (PDF 62 KB) 

z Chapter 16: Regulatory Impact Analysis (PDF 19 KB) 

Appendices 

z Appendix 6A: Detailed Data for Equipment Price Markups (PDF 99 KB) 

z Appendix 7A. Detailed Annual Energy Consumption Data (PDF 345 KB) 

z Appendix 7B. Typical Meteorological Year (TMY2) Assignments (PDF 1.1 MB) 

z Appendix 7C. Detailed State-Wise Annual Energy Consumption Data for 

Coolers (PDF 2.2 MB) 

z Appendix 7D. Detailed State-Wise Annual Energy Consumption Data for 

Freezers (PDF 2.4 MB) 

z Appendix 8A. Detailed Life Cycle Cost Results (PDF 412 KB) 

z Appendix 8B. Detailed Payback Period Results (PDF 321 KB) 

z Appendix 8C. User Instructions for LCC and PBP Spreadsheets (PDF 43 KB) 

z Appendix 10A. Detailed National Energy Savings Results (PDF 488 KB) 

z Appendix 10B. Detailed Net Present Value Results (PDF 889 KB) 

z Appendix 10C. User Instructions for Shipments and NIA Spreadsheets 

(PDF 57 KB) 

z Appendix 12A. Preliminary Manufacturer Interview Guide (PDF 40 KB) 

z Appendix 15A. Social Cost Of Carbon for Regulatory Impact Analysis Under 

Executive Order 12866 (PDF 615 KB) 

Printable Version 

EERE Information Center 

Programs and Offices 

Appliances and Commercial Equipment Standards: Walk-In Coolers and Freezers Prelimi... Page 1 of 1

http://www1.eere.energy.gov/buildings/appliance_standards/commercial/wicf_preliminary... 5/21/2010

EERE-2008-BT-STD-0015 COMMENT 41
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