alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-2852

___________

Barbara J. Barth, *

*

Petitioner, *

* Appeal from the Railroad

v. * Retirement Board.

*

Railroad Retirement Board, * [UNPUBLISHED]

*

Respondent. *

___________

Submitted: January 15, 1998

Filed: February 13, 1998

___________

Before LOKEN, FLOYD R. GIBSON, and MURPHY, Circuit Judges.

___________

PER CURIAM.

A section of the Railroad Retirement Act, 45 U.S.C. § 231b(f)(1), contains a

complex formula that limits a retired employee’s annuity benefits to a percentage of

“final average monthly compensation.” Final average monthly compensation is

determined “by dividing the total compensation received by such individual in the two

calendar years, consecutive or otherwise, in which [she] was credited with the highest

total compensation during the ten-year period ending with December 31 of the year in

which such individual’s annuity . . . begins to accrue by 24.”
-2-

Barbara J. Barth applied for benefits in 1994. The above formula adversely

affected her benefits because she stopped working in 1986, when her husband retired,

which means that she had worked only fourteen months in the ten years prior to her

annuity beginning to accrue. Barth’s administrative appeals were rejected by a hearing

officer and the Railroad Retirement Board. She now appeals to this court, as 45 U.S.C.

§ 231g allows. Barth argues that the statutory formula is “flawed” as applied to this

thirty-year railroad employee. To correct the flaw, she contends that we should change

the way her “final average monthly compensation” is determined, either by looking

back ten years and ten months to calculate the “total compensation” numerator, or by

adjusting the twenty-four-month denominator to fourteen. After careful consideration,

we agree with the Board’s General Counsel that the statutory formula is unambiguous

in this regard and was correctly applied in this case. Like the Board, we may not

rewrite an unambiguous statute.

Accordingly, the decision of the Railroad Retirement Board is affirmed.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                          OF CORPORATE GENERAL PARTNER

            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, James M. Seneff, Jr., the Chief Executive Officer of CNL Realty
Corporation,  the  corporate  general  partner of CNL Income Fund VII, Ltd. (the
"Partnership"),  has executed this  certification  in connection with the filing
with the Securities and Exchange  Commission of the Partnership's  Annual Report
on Form  10-K for the  period  ending  December  31,  2002 (the  "Report").  The
undersigned  hereby  certifies  that:

(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
Partnership.

Date:    March 27, 2003                        /s/ James M. Seneff, Jr.
                                               Name:  James M. Seneff, Jr.
                                               Title: Chief Executive Officer
SERVE D OCTOBE R,5,201 0 ^^^^^^ ^ U.S
. DEPARTMEN T O FTRANSPORTATIO N : •'''^•'^^QB-i^ATIO N OFFIC EO FHEARING S ' ' b OPERATION S WASHINGTON , D C
•- } "CI 1 8 P| : 3 b I N TH EMATTE RO F 

### TEXA S ARM Y NATIONA LGUAR D FA A DOCKE T NO
. CP09SO001 4 (Civi l Penalty Action ) FA A No
. FAA-2009-104 5
HEARIN GNOTIC E NOTIC EI S HEREB Y GIVE N that testimon y an devidenc e wil l b e hear dan dconsidere d o n Januar y 4 an d5 , 2011 , i n Courtroo m#1 , Unite dState s Bankruptc y Court , Wester n Distric t

o f Texas , Home r

Thornberr y Judicia l Building , 90 3 Sa n Jacint o Boulevard , Roo m322 , Austi n T X 78701
. Hearing s wil l commenc e a t 9:0 0 a.m . an d conclud e at

4:3 0 p.m . eac hday
. Th e partie s shoul dvacat e th e courthous e o n o r before 5:0 0 p.m . eac hday
.
Richar dC
. Goodwi n U.S
. Administrativ e La w Judg e Attachmen t

- Servic e Lis tFA A Docke t No. ; CP09SO001 4 (Civi l Penalt y A<^on )
r SERVIC ELIS T ORIGINA L& ON ECOP Y Federa l Aviatio n Administratio n 80 0 Independenc e Avenue , S.W
. Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Building-iSuit e 2WlOdO '

ON ECOP Y Michae l C
. Crowley , Respondent' s Counse l Environmenta l Protectio n & Administrativ e La w Divisio n P.O
. Bo x 1254 8 Austin , i m7871 1 TEL : 512-475-420 2 FAX : 512-474-106 2 Geral dA
. Ellis , Complainant' s Counse l Southern Region , ASO- 7 Peder ^ Aviatio n Administratio n P.O
. Bo x 2063 6 Atlanta , G A 3032 0 TEL : 404-305-520 0 FAX ; 404-305-522 3 Th e Honorabl e Richar dC
. Goodwin , Administrativ e La w Judg e Offic e o f Hearings , M-2 0 |20 0 Ne w Jerse y Avenue , S.E
. Eas t BuildiA g Groun dFloo r |loomE12-32 0 Washington , D C 2059 0 tEL : Attorney-Adviso r 202-366-213 9 Lega l Assistan t

202-366-512 1 FAX : 20 2 366-753 6 .«f ; ,^4 '

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. Mail
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b y expeditedcourier , us e the following 4viatio n Administration , 60 0 Independenc e Avenue , S.W. , Wilbu r Wrigh t Building—Suit

e 2 W i>C 20591 ; Attention : Hearing Docke t Clerk , AGC-430
. I^era l t Washington ,
Hi Thomas, 

This e-mail is sufficient to request an extension. Therefore, a paper copy of your letter requesting 

an extension it is not required. Thanks! 

 

Sincerely, 

Jezebele Alicea-Virella 

-----"Davis, Thomas L" <Thomas.L.Davis@dynegy.com> wrote: ----- 

To: Jezebele Alicea/DC/USEPA/US@EPA 

From: "Davis, Thomas L" <Thomas.L.Davis@dynegy.com> 

Date: 07/14/2010 01:59PM 

cc: "Diericx, Rick" <Aric.Diericx@dynegy.com>, "Leskovsek, Andreas H" 

<Andreas.H.Leskovsek@dynegy.com> 

Subject: FW: DMG Request for Extension of Time 

Ms. Alicea,

The attached letter was returned this morning to me by UPS. They said they could not deliver to 

the following address:

Jezebele Alicea

Mail Code: 4303T

U.S. Environmental Protection Agency, 

1200 Pennsylvania Ave., N.W.

Washington, D.C. 20460

What address should I use for UPS delivery?

Is a paper copy of our request even necessary, or was our July 7, 2010 e-mail attachment 

sufficient?

Thanks for your help.

Thomas L. Davis, P.E.

Page 1 of 2

file://C:\Documents and Settings\TMedley\Local Settings\Temp\XPgrpwise\4C3EA66CD... 8/24/2011
Manager; Environmental Projects

Operations Environmental Compliance

Dynegy Midwest Generation, Inc.

604 Pierce Blvd.

O'Fallon, IL 62269

Office No. 618-206-5931

Blackberry No. 618-407-8553

Fax No. 618-206-5891

9/80 Schedule "B"

From: Diericx, Rick 

Sent: Wednesday, July 07, 2010 8:51 AM 

To: alicea.jezebele@epa.gov 

Cc: Davis, Thomas L; Trammell, Ben; dellinger.robert@epa.gov; devlin.betsy@epa.gov 

Subject: DMG Request for Extension of Time

 

Attached is a copy of Dynegy Midwest Generation’s request for an extension of time to prepare 

and submit its responses to USEPA’s Steam Electric Power Generating Industry Effluent 

Limitations Guidelines Information Collection Request. 

Please let me know if you have any questions. 

Rick Diericx 

Senior Director – Dynegy Midwest Generation, Inc. 

618.206.5912 

Page 2 of 2

file://C:\Documents and Settings\TMedley\Local Settings\Temp\XPgrpwise\4C3EA66CD... 8/24/2011
I 

115TH CONGRESS 

1ST SESSION H. R. 4403 

To amend the Tariff Act of 1930 to protect personally identifiable 

information, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 15, 2017 

Mr. DENHAM (for himself and Mr. PASCRELL) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Tariff Act of 1930 to protect personally 

identifiable information, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Moving Americans Pri5 vacy Protection Act’’. 

6 SEC. 2. PROTECTION OF PERSONALLY IDENTIFIABLE IN7 FORMATION. 

8 Paragraph (2) of section 431(c) of the Tariff Act of 

9 1930 (19 U.S.C. 1431(c)(2)) is amended to read as fol10 lows: 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4403 IH

1 ‘‘(2)(A) The information listed in paragraph (1) shall 

2 not be available for public disclosure if— 

3 ‘‘(i) the Secretary of the Treasury makes an af4 firmative finding on a shipment-by-shipment basis 

5 that disclosure is likely to pose a threat of personal 

6 injury or property damage; or 

7 ‘‘(ii) the information is exempt under the provi8 sions of section 552(b)(1) of title 5, United States 

9 Code. 

10 ‘‘(B) The Commissioner of U.S. Customs and Border 

11 Protection shall ensure that any personally identifiable in12 formation, including social security numbers, passport 

13 numbers, and residential addresses, are removed from any 

14 manifest signed, produced, delivered, or transmitted under 

15 this section before the manifest is disclosed to the public.’’. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[House]
[Page H5537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              {time}  1220
                             WOMEN'S HEALTH

  (Ms. BONAMICI asked and was given permission to address the House for 
1 minute.)
  Ms. BONAMICI. Madam Speaker, this is an important day for women 
across this great country. Starting today, all new health insurance 
plans will include coverage for important preventive health care for 
women. Many have looked forward to this date since the passage of the 
Affordable Care Act, and I'm thrilled that it's finally here.
  Starting today, women across the country will have access to 
essential preventive health care without copayments or deductibles. 
Women who were effectively barred from these services because of the 
cost will now be able to receive annual visits, testing for diseases 
like HPV and HIV, breast feeding support and education, domestic 
violence counseling, and contraceptives.
  This is an important step in lowering our country's health care costs 
and making sure that women have sufficient access to preventive health 
care.
  In my home State of Oregon, there are more than 633,000--and 47 
million across the country--who are going to benefit from this change. 
These are women who had unintended pregnancies because they couldn't 
access contraceptives. These are women who avoided going to the doctor 
because they didn't have the money, only to end up in the emergency 
room. And these are women whose pregnancies were endangered because of 
lack of prenatal care. Today this changes. Now all women can take 
control of their health.

                          ____________________
```
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[Senate]
[Page S5865]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                         TRIBUTE TO GENE HARDY

  Mr. BARRASSO. Mr. President, during Wyoming's State Fair, Senator 
Enzi and I will have the honor of inducting Gene Hardy into the Wyoming 
Agriculture Hall of Fame.
  Wyoming ranchers care for the land because it cares for them and 
their families. The Hardy Ranch tradition began in 1920 when Gene's 
father homesteaded in Converse County, WY. By the 1930s, the Hardy 
family was producing both cattle and sheep. Gene Hardy is a third 
generation rancher continuing the family business of multi-species 
livestock production. Additionally, he balances wildlife and energy 
production on the Hardy Ranch. Balancing the ranch's resources has led 
Gene to also be an industry leader in terms of multiple use land 
management.
  Mr. President, innovative is a word that describes Gene. He has 
organized his livestock operation to improve production utilizing land 
management through aerial monitoring. As a pilot, he has been flying 
planes for 50 years over the Hardy Ranch with the result being 
profitable livestock production and sustainable grazing. Furthermore, 
he has focused on innovation through superior genetics to produce 
quality livestock.
  Gene is committed to the livestock industry. He works tirelessly to 
help his fellow producers. Previously, Gene served as president of the 
Wyoming Wool Growers Association and on boards for the Wyoming Stock 
Growers Association. However, his involvement does not stop there. He 
is still actively involved in many local, State, and national 
agricultural organizations. Currently, Gene serves as the chairman of 
the American Sheep Industry Association's Predator Management 
Committee. Gene's dedication and leadership will help ensure the 
success of the industry for future generations of agriculturalists.
  As my friend Bryce Reece, executive-vice president of the Wyoming 
Wool Growers Association, remarked, ``We need a lot more Gene Hardy's 
in this world.''
  Mr. President, I ask my colleagues to join me and Senator Enzi in 
congratulating Gene Hardy, 2012 inductee into the Wyoming Agriculture 
Hall of Fame. Wyoming lands and livestock are better because of his 
service.

                          ____________________
```
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[House]
[Page H5710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. GRIFFIN of Arkansas:
       H.R. 6322.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 3: The Congress shall have 
     Power To regulate Commerce with foreign Nations, and among 
     the several States, and with the Indian Tribes.
```
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4429 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 4429

 To direct the Secretary of the Interior to reissue a rule relating to 
    extension of the expiration dates for double-crested cormorant 
              depredation orders, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2017

 Mr. Bergman (for himself, Mr. Moolenaar, Mr. Walberg, Mr. Westerman, 
 Mr. Peterson, and Mr. Upton) introduced the following bill; which was 
             referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 To direct the Secretary of the Interior to reissue a rule relating to 
    extension of the expiration dates for double-crested cormorant 
              depredation orders, 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. SHORT TITLE.

    This Act may be cited as the ``Cormorant Control Act''.

SEC. 2. REISSUANCE OF RULE REGARDING EXTENSION OF EXPIRATION DATES FOR 
              DOUBLE-CRESTED CORMORANT DEPREDATION ORDERS.

    Before the end of the 60-day period beginning on the date of 
enactment of this Act, the Secretary of the Interior shall reissue the 
final rule published on May 28, 2014, relating to extension of the 
expiration dates for double-crested cormorant depredation orders (79 
Federal Register 30483), without regard to any other provision of 
statute or regulation that applies to issuance of such rule. Such 
reissuance (including this section) shall not be subject to judicial 
review and shall not abrogate or otherwise have any effect on the order 
and judgment issued by the United States District Court of the District 
of Columbia in Case Number 14-CV-01807-JDB on May 25, 2016.
                                 <all>
```
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Extensions of Remarks]
[Page E1391]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

        GADSDEN, ALABAMA POLICE OFFICERS AWARDED MEDAL OF VALOR

                                 ______
                                 

                        HON. ROBERT B. ADERHOLT

                               of alabama

                    in the house of representatives

                        Thursday, August 2, 2012

  Mr. ADERHOLT. Mr. Speaker, today I would like to honor Sergeant Scott 
Entrekin; Clark Thompson; Colt Gregory; Jeff Hopper; Jordan Harwood; 
Stephen Hill; Sergeant Gary Pierce; and Mitch James, of the City of 
Gadsden Police Department in receiving the Gadsden Police Department's 
Medal of Valor on July 10, 2012. These fine officers should be 
applauded for their harrowing actions and professionalism in defusing a 
dangerous situation this past January in Alabama City, Alabama. These 
men truly embody bravery and a devotion to serving their community.
  As an armed man fled from police through an Alabama City 
neighborhood, he began to fire at all of the officers. Many of the 
officers that responded are on the department's Joint Special 
Operations Group and are trained in tactical SWAT operations. Using 
their training, the officers worked to contain the situation without 
opening fire in order to prevent crossfire in the residential area. In 
a team effort, including assistance from an Etowah County sheriff's 
deputy and a crisis negotiator, they were able to corner the shooter 
and convince him to surrender.
  These courageous men were able to take the suspect into custody 
without any injuries that morning. This is a great testament to not 
only their professionalism, but also their restraint. The tremendous 
leadership shown by these officers is an example of their dedication to 
protect their community, as well as fellow officers.
  Mr. Speaker, it is indeed a great privilege to honor these eight men: 
Sergeant Scott Entrekin; Clark Thompson; Colt Gregory; Jeff Hopper; 
Jordan Harwood; Stephen Hill; Sergeant Gary Pierce; and Mitch James, 
for earning Gadsden Police Department's Medal of Valor for their heroic 
actions in keeping our community safe. I join their family, friends, 
and colleagues in congratulating them on receiving this distinguished 
honor.

                          ____________________
```
#### PAN MUTUAL ROYALTIES, a Trust Estate, and Pan Mutual Royalties, Inc., Plaintiffs in Error, v. STATE of Oklahoma ex rel. COMMISSIONERS OF the LAND OFFICE of said State, Defendant in Error.

No. 38545.

Supreme Court of Oklahoma.

Feb. 2, 1960.

Rehearing Denied May 17, 1960.

*376Wayne W. Bayless, Chas. L. Orr, Oklahoma City, for plaintiffs in error.

R. H. Dunn, N. A. Gibson, Francis Stewart, Oklahoma City, for defendant in error.

PER CURIAM.

In this action the defendant in error, The State of Oklahoma ex rel. The Commissioners of the Land Office, seeks to establish the State’s asserted fee simple title to the NW/4 and the SE/4 of Sec. 13, T. 27N, R. 25W, Harper County, Oklahoma, as to adverse claims of the plaintiffs in error based upon a mineral conveyance made by the Certificate of Purchase-holder, Lenore Williams, prior to her certificate being forfeited by proceeding conducted by said Commissioners in 1935 and 1936. The Certificate of Purchase was filed of record in the Office of the County Clerk on May 18, 1931. The mineral conveyances were filed of record in the Office of the County Clerk of Harper County after the Certificate of Purchase was recorded in said office but prior to the institution of said proceedings. The mineral conveyances were not filed in the Office of the Commissioners of the Land Office. No notice was given in the forfeiture proceedings to those who had recorded their mineral conveyances with the county clerk.

The issues in this case are the same as those considered and determined in No. 38,379, Equitable Royalty Corporation v. State of Oklahoma, Okl., 352 P.2d 365. Our opinion in No. 38,379 is determinative of the issues presented by this appeal and is therefore adopted as the opinion in this case.

Affirmed.

DAVISON, C. J., WILLIAMS, V. C. J., and WELCH, JOHNSON, BLACKBIRD, JACKSON and BERRY, JJ., concur.
January 8, 1999



Alan W. Kaufman
C/O QueryObject Systems Corporation
60 Charles Lindbergh Blvd.
Uniondale, NY 11553

The Terms and  Conditions set forth below serve as an amendment and extension to
the  Employment/Consulting  Agreement (the  "Agreement")  dated October 14, 1997
between Alan W. Kaufman and QueryObject  Systems  Corporation  (the  "Company"),
formerly "CrossZ Software Corporation".

TERMS AND CONDITIONS:

1.       The Agreement is hereby  extended for a one-year  period ending October
         13, 1999.  All terms of the Agreement  remain in full force and effect,
         except to the extent that it is modified herein.

2.       Your  capacity  as an  officer of the  Company  has been  changed  from
         "President and Chief Executive  Officer" to "Chairman of the Board", as
         approved by the Board of Directors of the Company on December 9, 1998.

3.       Any stock  options  granted  to you by the  Company  subsequent  to the
         initial grant  included in the  Agreement,  will be subject to the same
         continuity of vesting provisions as defined therein.

4.       During  the  period of this  extension  of the  Agreement,  you will be
         entitled to unlimited  paid vacation days.  However,  you will use your
         best  efforts to be  available  to perform your role as Chairman of the
         Board and to continue to represent the Company where required.



<PAGE>



Please indicate your  acknowledgment and agreement with the Terms and Conditions
as set forth herein, by signing below.


Agreed To:                                 /S/ Daniel M. Pess
                                           ----------------------------------
                                           Daniel M. Pess
                                           Executive Vice President - Finance



                                           /s/ Alan W. Kaufman
                                           ----------------------------------
                                           Alan W. Kaufman
```

[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Page H5525]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. LUCAS:
       H.R. 6233.
       Congress has the power to enact this legislation pursuant 
     to the following:
       The ability to regulate interstate commerce pursuant to 
     Article 1, Section 8, Clause 3.
```