alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STEEDLEY v. ATLANTIC COAST LINE R. CO.

No. 8926.

Circuit Court of Appeals, Fifth Circuit.

Nov. 22, 1939.

Rehearing Denied Dec. 13, 1939.

J. P. Highsmith, of Baxley, Ga., for appellant.

Larry E. Pedrick and E. Kontz Bennett, both of Waycross, Ga., for appellee.

Before FOSTER; SIBLEY, and HOLMES, Circuit Judges.

FOSTER, Circuit Judge.

Appellant, E. Steedley, hereafter referred to as plaintiff, brought this suit to recover damages for personal injuries, incurred while employed by the Atlantic Coast Line Railroad Company and operating an electric power drill in its shops at Waycross, Ga. The only error relied upon is the granting of a motion for non-suit at the close of plaintiff’s evidence.

Plaintiff’s contention is that the drill was defective and the employer was negligent in not having it fitted with guards to prevent contact with the revolving drills.

The record shows the following facts. The drill was of the usual type used in machine shops and such drills are not fitted with guards. Plaintiff was 46 years of age and had been employed in the shops for about 13 years as a mechanic and helper. He had been instructed how to operate the drill when he first started to use it and had been doing so successfully for about three weeks. At the' time he was injured he was drilling holes in the ends of brake rods, using drills about *l3/ie*inches in diameter. The method of doing the work was to clamp a brake rod in the drill press and lower two drills, which bored at the same time, to contact with both ends of the rod. The drills could be raised and lowered separately. The drill was stopped and started by a lever about 6 feet away from where the operator stood. After the. holes were bored the drills were raised and the rods removed. Usually this was easily accomplished but sometimes a rod would become jammed in the clamps by the operation of drilling and it was then necessary to knock it out by using a punch and hammer.

Plaintiff testified he knew it was very dangerous to come into contact with the drill when revolving and he was very careful to avoid that. He had to lean over to knock the particular brake bar he had just drilled out of the chocks but he did not stop the drill before doing so. In some way (not definitely shown) his clothing was caught in the revolving drill and he was severely injured. He had taken one of the drills to be sharpened shortly before the accident and both drills were cutting satisfactorily.

 While an employer owes the duty of using reasonable care to furnish his employees with reasonably safe appliances with which, to work it is apparent there was no negligence or breach of duty on the part of the employer in this case. The drill was in good condition and safe, if properly operated. Plaintiff was a mechanic of long experience. The danger of coming in contact with a revolving drill was apparent and he was thoroughly alive to the danger. Knocking the bar out of the drill press could have been made perfectly safe by stopping the drill.

The record presents no reversible error. The judgment is affirmed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
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                -                       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.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 24, 2023.                    

# FOR FURTHER INFORMATION CONTACT:

Sean Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 16, 2023, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail & USPS Ground Advantage® Contract 106 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2024-53, CP2024-54.                

Sean Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2023-25888 Filed 11-22-23; 8:45 am]

BILLING CODE 7710-12-P
FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB) 

TO THE NATIONAL ORGANIC PROGRAM (NOP) 

Date: April 29, 2010 

Subject: Sunset Review of National List substances used in livestock production 

Chair: Daniel G. Giacomini 

 

Recommendation

The NOSB hereby recommends to the NOP the following: 

Rulemaking Action: ___X __ 

Guidance Statement: ________ 

Other: ________ 

Summary Statement of the Recommendation (including Recount of Vote): The NOSB voted 

to renew one (1) substance on 205.604, with none deferred. 

NOSB Vote: Motion: Jeff Moyer Second: Jennifer Hall 

Board vote: Yes - 14 No - 0 Abstain - 0 Absent - 1 

Summary Rationale Supporting Recommendation (including consistency with OFPA and 

NOP): Statements from the Livestock Committee explaining the rationale, supported through 

NOSB action, precedes the recommendation presented below. 

Response by the NOP:
NOSB Livestock Committee – Sunset Recommendation – 2012 

I. List: 205.604 Nonsynthetic substances prohibited for use in organic 

livestock production 

II. Category Use 

(a) Strychnine 

III. Committee Summary 

Some commentors specifically mentioned that strychnine should remain as a 

prohibited substance on the National List. The Livestock Committee agrees with 

the commentors that strychnine should remain as a prohibited substance on the 

National List because its use negatively impacts humans and the environment, is 

not considered essential for organic production and is not compatible with 

organic production practices. While the committee did receive some comments 

that some forms of strychnine may be beneficial as animal health care products, 

the committee did not agree that this reason justified removal of strychnine from 

§205.604. Interested parties should proceed with the petition process for 

amending annotations to allow specific uses of strychnine. 

IV. Committee Recommendation(s): 

The Livestock Committee recommends the renewal of the following substances 

in this use category: 

(a) Strychnine. 

 

Moved: Dan Giacomini Second: Wendy Fulwider 

Committee vote: 5 -- yes; 0 -- no; 3 -- absent; 0 -- abstain
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 148 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 148

To amend title XIX of the Social Security Act to provide incentives for 
 education on the risk of renal medullary carcinoma in individuals who 
 are receiving medical assistance under such title and who have Sickle 
                             Cell Disease.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2019

Mr. Green of Texas introduced the following bill; which was referred to 
                  the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To amend title XIX of the Social Security Act to provide incentives for 
 education on the risk of renal medullary carcinoma in individuals who 
 are receiving medical assistance under such title and who have Sickle 
                             Cell Disease.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Byron Nash Renal Medullary Carcinoma 
Awareness Act of 2019''.

SEC. 2. PROVIDING INCENTIVES FOR EDUCATION ON RISK OF RENAL MEDULLARY 
              CARCINOMA TO INDIVIDUALS WITH SICKLE CELL DISEASE UNDER 
              MEDICAID.

    (a) In General.--Section 1903(a)(3)(E)(ii) of the Social Security 
Act (42 U.S.C. 1396b(a)(3)(E)(ii)) is amended by inserting ``, renal 
medullary carcinoma,'' after ``stroke'' each place it appears.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to items and services furnished on or after the date 
of the enactment of this Act.
                                 <all>
```
2230 RAYBURN HOUSE OFFICE BUILDING 

WASHINGTON, DC 20515 

(202)225-4404-PHONE 

(202)226-6326-FAx 

Cougnang of the Eluiteb *tateo CAPE GIRARDEAU OFFICE 

2502 TANNER DRIVE, SUITE 205 

^ouoe of te^rt^entatibtg

CAPE GIRARDEAU, MO 63703 

(573) 335-0101-PHONE 

Magljington, MC 20515 -250S

FARMINGTON OFFICE 

22 E. COLUMBIA STREET 

FARMINGTON, M063640 

(573)756-9755-PHONE 

ROLLA OFFICE 

830A S. BISHOP 

ROLLA, MO 65401 

(573)364-2455-PHONE 

May 5, 2014 WEST PLAINS OFFICE 

35 COURT SGUARE, Su1TE 300 

WEST PLAINS, MO 65775 

(417)255-1515-PHONE 

http://www.jasonsmith.house.gov

JASON SMITH 

BTH DISTRICT, MISSOURI 

COMMITTEE ON 

THE JUDICIARY 

COURTS,INTELLECTUAL PROPERTY AND 

THE iNTERNET SUBCOMMITTEE 

REGULATORY REFORM, COMMERCIAL 

AND ANTITRUST LAw SUBCOMMITTEE 

CONSTITUTION AND CIVIL JUSTICE


SUBCOMMITTEE 

COMMITTEE ON 

NATURALRESOURCES 

PUBLIC LANDS AND ENVIRONMENTAL 


REGULATION SUBCOMMITTEE 

FISHERIES, WILDLIFE, OCEANS AND 

INSULAR AFFAIRS SUBCOMMITTEE 

The Honorable Gina McCarthy 

Administrator 

U.S. Environmental Protection Agency 

1200 Pennsylvania Avenue, N.W. 

Washington, D.C. 20460 

Dear Administrator McCarthy, 

I have serious concerns with the Revised New Source Performance Standards for new 

residential wood heaters being proposed by your agency. 

Wood heating is a renewable form of energy often taken advantage of by lower-income, 

rural citizens who find it hard to afford other forms of heat. Wood heaters allow these individuals 

to heat their homes with a carbon neutral resource that is readily available. 

Of the 288,960 households identified in my district during the 2008-2012 American 

Community Survey, about 30,000 were reported as primarily relying on wood to heat their 

homes, or ten percent. These individuals should not be punished for their self-reliance, or their 

forethought to take advantage of an abundant, eco-friendly fuel like wood. 

Expensive new regulations that will force the re-design of most wood-stove models 

currently being sold are also unwarranted and unwelcome. Small businesses have been built 

around this renewable industry. To force them to go back to the drawing boards with their 

products could have significant, detrimental effects on their business models. 

As this process continues to move forward, I would invite you to seriously reconsider any 

proposal that would appear to discriminate against rural areas, which use a much greater 

proportion of wood heat as compared to urban or suburban environments. Times are already 

tough enough. A given home in my district is five times more likely to be heated with wood than 

the national average. 

I appreciate your thoughtful consideration of the comments from individuals and 

businesses who will be most affected by this rule, and hope that you will see fit to correct its 

detrimental effect on my constituents.
Sincerely,

^ 

Jason Smith 

MEMBER OF CONGRESS
#### The People of the State of New York, Respondent, v Sammy Gonzalez, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 19, 1989, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was arrested on a Brooklyn street for selling two vials of crack-cocaine to an undercover police officer in a "buy and bust” narcotics operation. Upon arrest a few minutes after the sale, the back-up police officers recovered from the defendant 60 additional vials of crack-cocaine and a sum of United States currency, including a pre-recorded 10 dollar bill used to consummate the sale to the undercover officer. Approximately 35 minutes after his arrest, the undercover officer identified the defendant at a station house showup as the individual who had sold crack-cocaine to her.

Prior to trial, the defendant moved for a *Wade*hearing on the ground that the undercover officer’s post-arrest identification of him at the precinct was "unduly and unnecessarily suggestive”. The court denied the motion, reasoning that the identification procedure was merely confirmatory in nature and thus not subject to suppression. We agree.

Distinctions between the observation powers of civilian *691witnesses to a crime and those of trained professional police officers have been recognized by the courts *(see, People v Morales,*37 NY2d 262, 271). Although showup identifications by civilian witnesses are by their nature suggestive *(see, People v Riley,*70 NY2d 523, 529; *People v Adams,*53 NY2d 241, 249), it is well settled that a station house viewing by an undercover officer is not tainted by the kind of "per se suggestive or improper bolstering present in showup identifications by civilian witnesses * * * too often resulting in misidentification” *(People v Wharton,*74 NY2d 921, 923). Rather, as the Court of Appeals noted in *People v Wharton (supra,*at 922), where the identification is made by a trained undercover police officer who has observed the defendant in a face-to-face transaction, a station house viewing several hours later is not the kind of identification procedure "ordinarily burdened or compromised by forbidden suggestiveness, warranting a lineup procedure or *Wade*hearing”.

In the present case, the viewing took place only 35 minutes after the narcotics transaction, lending further support to its reliability because it occurred at a "time sufficiently connected and contemporaneous to the arrest itself as to constitute the ordinary and proper completion of an integral police procedure” *(People v Wharton, supra,*at 922-923). Accordingly, we agree with the court that the identification was merely confirmatory in nature.

We have reviewed the defendant’s remaining contentions and find them to be without merit. Thompson, J. P., Kunzeman, Miller and O’Brien, JJ., concur.
**Exhibit 31.2**

**CERTIFICATION**

**PURSUANT TO 17 CFR 240.13A-14**

**PROMULGATED UNDER**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

I,Laurie Romanak, certify that: 

1. I have reviewed this quarterly report on Form 10-Q/A of CB Richard Ellis Realty Trust; 

2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary tomake the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this quarterly report; 

3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cashflows of the registrant as of, and for, the periods presented in this quarterly report; 

4. The registrant’s other certifying officerand I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f)and 15d-15(f)) for the registrant and we have: 

(a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared; and 

(b) [Omitted in reliance on SEC ReleaseNo. 33-8238; 34-47986, Section III E.] 

(c) evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(d) disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors and the audit committee of registrant’s board of directors (or persons performing the equivalent function): 

(a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

(b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: April 2, 2007
CHERRY INDUSTRY ADMINISTRATIVE BOARD

Marketing Order No. 930

July 1, 2023, through June 30, 2024

EXECUTIVE DIRECTOR

Heather Weber

12800 Escanaba Drive, Suite A

DeWitt, Michigan 48820-0388

(517) 669-1070 Business

(517) 669-1260 Fax

CHAIRPERSON

Curtis Rowley

Santaquin, UT

DISTRICT 1 - NORTHERN MICHIGAN

GROWER MEMBERS

Robert Sherman

Elk Rapids, MI

Cheryl Kroupa

Old Mission, MI

HANDLER MEMBER 

Tim Brian

Frankfort, MI 

ALTERNATES TERM ENDING

Ted C. Sherman 2025

East Jordan, MI

Jared Lutz 2024

Kaleva, MI

ALTERNATE

Keith Brian 2026

Frankfort, MI

DISTRICT 2 - CENTRAL MICHIGAN

GROWER MEMBER

David Hackert

Ludington, MI

HANDLER MEMBER

Richard Raffaeli

Shelby, MI 

ALTERNATE

Michael Hackert 2025

Ludington, MI

ALTERNATE

Aaron L. Peterson 2026

Shelby, MI

DISTRICT 3 - SOUTHERN MICHIGAN

GROWER MEMBER

Bruce Veliquette

Kewadin, MI

HANDLER MEMBER 

Danielle Brien

Fennville, MI

ALTERNATE

Melissa Morlock 2026

Walervliet, MI

ALTERNATE

Ben Ross 2024

Lawrence, MI

DISTRICT 4 - NEW YORK

MEMBER (AT LARGE)

Zachary Debadts

Sodus, NY

ALTERNATE

Thomas Facer 2025

Newark, NY
DISTRICT 5 – OREGON

MEMBER (AT LARGE)

Lee W. Schrepel

Yamhill, OR

ALTERNATE TERM ENDING

Joseph Walker 2026

Salem, OR

DISTRICT 6 - PENNSYLVANIA

MEMBER (AT LARGE)

Dave Cox, Jr. 

Peach Glen, PA

ALTERNATE

David Tuckey 2026

Peach Glen, PA

DISTRICT 7 – UTAH

GROWER MEMBER

Curtis Rowley 

Santaquin, UT

HANDLER MEMBERS

Chad Don Rowley

Payson, UT

ALTERNATE

Lewis Balzly 2026

Genola, UT

ALTERNATE

Dave McMullin 2026

Payson, UT

DISTRICT 8 – WASHINGTON

GROWER MEMBER

Michael Rowley

Basin City, WA

HANDLER MEMBER 

Bryce Dorsing

Royal City, WA

ALTERNATE

David Rowley 2026

Basin City, WA

ALTERNATE

Kevin Dorsing 2025

Royal City, WA

DISTRICT 9 – WISCONSIN

GROWER MEMBER

Terrance R. Sorenson

Sturgeon Bay, WI

GROWER ALTERNATE

Paul Robertoy 2026

Fish Creek, WI

HANDLER MEMBER HANDLER ALTERNATE

James R. Seaquist Justin Seaquist 2026

Ellison Bay, WI Ellison Bay, WI

PUBLIC MEMEBER REPRESENTATIVES

MEMBER 

Benjamin D. Smith

Benton Harbor, MI

ALTERNATE

Lynn McPhee-Ward 2024

Traverse City, MI
# C_2012326EN.01039301.xml

| 26.10.2012 | EN | Official Journal of the European Union | C 326/391 |
| --- | --- | --- | --- |

26.10.2012

EN

Official Journal of the European Union

C 326/391

---

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

TITLE II

FREEDOMS

FREEDOMS

Article 17

Right to property

1.   Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest.

2.   Intellectual property shall be protected.

---
**Exhibit 99.5**

 

**CONSENT OF INDEPENDENT REGISTERED CHARTERED ACCOUNTANTS**

 

We consent to the incorporation by reference in Registration Statements No(s). 333-13574, 333-118019 and 333-119276 on Form S-8, No(s). 333-84786, 333-142652 and 333-142670 on Form F-3, and No. 333-159551 on Form F-10, and to the use of our reports dated February 16, 2011 relating to the consolidated financial statements of Nexen Inc. and subsidiaries (the “Corporation”) (which report expresses an unqualified opinion and includes an emphasis of matter paragraph relating to the adoption of the Financial Accounting Standards Board guidance for Oil and Gas Reserve Estimation and Disclosure, which is effective for years ended on or after December 31, 2009) and the effectiveness of the Corporation’s internal control over financial reporting appearing in this Annual Report on Form 40-F of the Corporation for the year ended December 31, 2010.

 
| /s/   Deloitte & Touche LLP           |   |
|------------------------------------------------|--------|
|                                           |   |
| DELOITTE &   TOUCHE LLP               |   |
|                                           |   |
| Independent   Registered Chartered Accountants |   |
| Calgary,   Canada                              |   |
|                                           |   |
| February 24, 2011                         |   |

 

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