alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

Dec. 03, 2009

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 09-12548

Non-Argument Calendar

________________________

D. C. Docket No. 05-00101-CV-1-DHB-WLB

M. D. SEEMA L. MISHRA,

on her own behalf, individually, and

on behalf of her patients, both private

pay and those receiving Medicaid or

Medicare from the federal government

or financial assistance for health care

from the State of South Carolina,

Plaintiff-Appellant,

versus

DOCTORS HOSPITAL OF AUGUSTA, LLC,

and its parent, The Corporation of America

(sic, Healthcare Corporation HCA, Inc.,

privately and under color of law of America),

Defendants-CrossClaimant-Appellees,

THE CENTER FOR PRIMARY CARE,

Defendant-CrossDefendant-Appellee,

JIM LARSON, GALEN HOLDCO, LLC,

privately and under color of law, et al.

Defendants-Appellees.
________________________

Appeal from the United States District Court

for the Southern District of Georgia

_________________________

(December 3, 2009)

Before TJOFLAT, EDMONDSON and HILL, Circuit Judges.

PER CURIAM:

This appeal arises from the district court’s order compelling arbitration and

subsequently confirming the arbitrator’s award of damages, fees and costs against

plaintiff for violating her recruitment agreement with defendants. We have

reviewed the parties’ briefs and the record excerpts and conclude that the district

court did not err in compelling arbitration or in affirming the arbitration award.

Plaintiff did not substantiate her denial of the arbitration contract with

evidence sufficient to made the denial colorable. Chastain v. Robinson-Humphrey

Co., 957 F.2d 851, 855 (1th Cir. 1985). Nor did she demonstrate that the

subsequent award falls into those narrow circumstances where we are authorized to

set it aside. See First Options of Chicago, Inc., v. Kaplan, 514 U.S. 938, 942

(1995). She has shown neither fraud, partiality, misconduct nor malfeasance on

the part of the arbitrator. Nor has she demonstrated that the award was arbitrary,

violative of public policy or entered in manifest disregard of the law. See Scott v.

2
Prudential Sec. Inc., 141 F.3d 1007, 1017 (11 Cir. 1998). In the absence of such

th

showings, we are without authority to vacate the award.

Accordingly, the district court’s Order affirming the arbitrator’s award and

judgment for defendants is hereby

AFFIRMED.

3
Counties in Bold Contain Distressed Areas

County Economic Status and Number of Distressed Areas in 

Appalachian South Carolina, Fiscal Year 2020

County Status

Economic

Areas

Distressed

Number of

Anderson Transitional 10

Cherokee At-Risk 7

Greenville Transitional 28

Oconee Transitional 2

Pickens Transitional 3

Spartanburg Transitional 16

Appalachian Regional Commission, June 2019
Distressed Areas in Appalachian South Carolina, 

Fiscal Year 2020

County

Census Tract 

ID Number County

Census Tract 

ID Number

Anderson 5

Anderson 6

Anderson 7

Anderson 8

Anderson 9

Anderson 114.02

Anderson 117

Anderson 119.01

Anderson 122

Anderson 123

Cherokee 9703.01

Cherokee 9703.02

Cherokee 9704.01

Cherokee 9704.02

Cherokee 9705.01

Cherokee 9705.02

Cherokee 9705.03

Greenville 5

Greenville 7

Greenville 8

Greenville 9

Greenville 15.02

Greenville 20.01

Greenville 20.03

Greenville 20.05

Greenville 21.04

Greenville 21.05

Greenville 21.06

Greenville 21.07

Greenville 21.08

Greenville 22.01

Greenville 22.02

Greenville 23.01

Greenville 23.02

Greenville 23.03

Greenville 23.04

Greenville 25.05

Greenville 34.01

Greenville 35

Greenville 36.02

Greenville 37.04

Greenville 37.05

Greenville 37.06

Greenville 37.07

Greenville 43

Oconee 304.01

Oconee 311

Pickens 108.03

Pickens 111.02

Pickens 112.04

Spartanburg 203.01

Spartanburg 204

Spartanburg 205

Spartanburg 207.01

Spartanburg 208

Spartanburg 210.01

Spartanburg 213.01

Spartanburg 214.03

Spartanburg 217

Spartanburg 218.02

Spartanburg 218.04

Spartanburg 219.01

Spartanburg 222.02

Spartanburg 223.03

Spartanburg 231.02

Spartanburg 233.02

Appalachian Regional Commission, June 2019
OCONEE

ANDERSON

PICKENS GREENVILLE SPARTANBURG

CHEROKEE

0 25 50

Miles

Levels of 

Economic Status

Distressed County

At-Risk County

Transitional County

Competitive County

Attainment County

County Economic Status in Appalachian South Carolina, 

Fiscal Year 2020
OCONEE

ANDERSON

PICKENS GREENVILLE

SPARTANBURG

CHEROKEE

S C 

County Economic Status and Distressed Areas in

Appalachian South Carolina, Fiscal Year 2020

N C 

G A 

Levels of 

Economic Status

Distressed County

At-Risk County

Distressed Area

Transitional County

Distressed Area

Competitive County

Attainment County

0 10 20

Miles
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU LY 28 , 2015

NO. 03

- 15

- 00336

- CV

Randy Jennings, Appellant

v.

Wells Fargo Bank, N .A., Appellee

APPEAL FROM THE 126TH DISTRICT COURT OF TRAVIS COUNTY

BEFORE JUSTICES PURYEAR, G OODWIN
, AND BOURLAND

DISMISSED FOR WANT OF JURISDICTION

-- OPINION BY JUSTICE GOODWIN

This is an appeal from the order signed by the tr i a l court on April 13, 2015. Having reviewed the

record , it appears that the C ourt lacks jurisdiction over the appeal. Therefore, the C ourt

dismisses the appeal for want of jurisdiction. The appellant shall pay all costs relating to this

appeal, both in this Court and in the court below.
```

[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. GOSAR:
       H.R. 6321.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 1 of the U.S. Constitution. 
     Article I, Section 8, Clause 2 of the U.S. Constitution 
     provides Congress with the power to tax, and to spend those 
     taxes to provide for the common defense and general welfare 
     of the United States. Thus, Congress can choose to reallocate 
     funds from one priority to another should it deem it 
     appropriate.
```
# C_2008272EN.01005002.xml

| 25.10.2008 | EN | Official Journal of the European Union | C 272/50 |
| --- | --- | --- | --- |

25.10.2008

EN

Official Journal of the European Union

C 272/50

---

Order of the Court of First Instance of 2 September 2008 — Shetland Islands Council v Commission

(Case T-42/08) (1)

1

(2008/C 272/97)

Language of the case: English

Language of the case: English

The President of the Third Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 92, 12.4.2008.

1

---
# C_2008183EN.01002902.xml

| 19.7.2008 | EN | Official Journal of the European Union | C 183/29 |
| --- | --- | --- | --- |

19.7.2008

EN

Official Journal of the European Union

C 183/29

---

Action brought on 5 June 2008 — CLL Centre de langues v Commission

(Case T-202/08)

(2008/C 183/55)

Language of the case: French

Parties

Applicant: Centre de langues à Louvain-la-Neuve et -en-Woluwe (CLL Centre de langues) (Louvain-la-Neuve, Belgium) (represented by: F. Tulkens and V. Ost, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul the rejection decision; |
| --- | --- |

—

Annul the rejection decision;

| — | Order the Commission to bear its own costs and to pay those incurred by CLL. |
| --- | --- |

—

Order the Commission to bear its own costs and to pay those incurred by CLL.

Pleas in law and main arguments

The applicant disputes the Commission's decision to reject its application to participate in invitation to tender ADMIN/D1/PR/2008/004 regarding language training for staff at the European Union (EU) institutions, bodies and agencies in Brussels (OJ 2008/S 44-060121), on the ground that the application was submitted after the deadline stated in the contract notice.

In support of its action, the applicant submits that the contested decision is based on an incorrect supposition that the awarding authority is required to reject all late applications to participate. The applicant takes the view, on the contrary, that the awarding authority has a margin of discretion in that regard.

Furthermore, the applicant submits that the contested decision is not sufficiently reasoned, since the Commission has not explained why it has not exercised its discretionary powers.

Finally, the applicant raises a plea alleging breach of Article 123 of the implementing rules (1), according to which the number of candidates invited to tender must be sufficient to ensure genuine competition, and the disproportionate nature of the rejection of the applicant's application.

1

---

(1)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 357, p. 1).

1

---
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Page S5970]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                KANSAS STATE FIRE FIGHTER'S ASSOCIATION

  Mr.ROBERTS. Mr. President, this August the Kansas State 
Firefighters Association will commemorate 125 years of providing the 
great State of Kansas with the safety, resources, and preparedness it 
takes to ensure our firefighters are able to protect our citizens. On 
August 3, 1887, five service leaders met and organized the Kansas State 
Volunteer Firemen's Association. Today, that organization is known as 
the Kansas State Firefighters Association and has grown to 518 member 
fire departments. In 125 years, the Kansas State Firefighters 
Association has never faulted on its motto: Dedicated to the safety and 
education of the Kansas firefighter.
  We all know this summer has been hot and dry. We have seen the deadly 
destruction fire can cause often with little warning. In times like 
these, fires created by heavy drought have the potential to get out of 
control quickly. Our courageous firefighters stand ready to battle the 
flames whether naturally created or man-made. The Kansas Fire Fighter's 
Association makes certain these selfless, dedicated men and women have 
the proper tools and resources to battle whatever they face.
  With that in mind, it is with great pride that I ask the Senate to 
recognize the Kansas Fire Fighter's Association for all it has done 
over the past 125 years and for the crucial work the members continue 
to do to protect us.

                          ____________________
```
I 

115TH CONGRESS 

1ST SESSION H. R. 455 

To designate the United States courthouse located at 501 East Court Street 

in Jackson, Mississippi, as the ‘‘R. Jess Brown United States Courthouse’’. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2017 

Mr. THOMPSON of Mississippi introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To designate the United States courthouse located at 501 

East Court Street in Jackson, Mississippi, as the ‘‘R. 

Jess Brown United States Courthouse’’. 

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

3 SECTION 1. DESIGNATION. 

4 The United States courthouse located at 501 East 

5 Court Street in Jackson, Mississippi, shall be known and 

6 designated as the ‘‘R. Jess Brown United States Court7 house’’. 

8 SEC. 2. REFERENCES. 

9 Any reference in a law, map, regulation, document, 

10 paper, or other record of the United States to the United 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 455 IH

1 States courthouse referred to in section 1 shall be deemed 

2 to be a reference to the ‘‘R. Jess Brown United States 

3 Courthouse’’. 

Æ 


asabaliauskas on DSK3SPTVN1PROD with BILLS
# C_2008272EN.01003501.xml

| 25.10.2008 | EN | Official Journal of the European Union | C 272/35 |
| --- | --- | --- | --- |

25.10.2008

EN

Official Journal of the European Union

C 272/35

---

Action brought on 12 August 2008 — Di Mercurio v Commission

(Case T-318/08)

(2008/C 272/66)

Language of the case: Italian

Parties

Applicant: Salvatore Di Mercurio (Pachino, Italy) (represented by: A. Maiorana, A. De Matteis and A. De Francesco, lawyers)

Applicant:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | Annul Commission Regulation (EC) No 530/2008 of 12 June 2008, published in OJ L 155 of 13 June 2008. |
| --- | --- |

—

Annul Commission Regulation (EC) No 530/2008 of 12 June 2008, published in OJ L 155 of 13 June 2008.

| — | Order the Commission to pay the costs of the proceedings. |
| --- | --- |

—

Order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those relied on in Case T-313/08 Veromar di Tudisco Alfio & Salvatore S.n.c v Commission.

Veromar di Tudisco Alfio & Salvatore S.n.c

Commission

---
# C_2011013EN.01000401.xml

| 15.1.2011 | EN | Official Journal of the European Union | C 13/4 |
| --- | --- | --- | --- |

15.1.2011

EN

Official Journal of the European Union

C 13/4

---

Judgment of the Court (Seventh Chamber) of 11 November 2010 — Transportes Evaristo Molina, SA v European Commission

(Case C-36/09 P) (1)

1

(Appeal - Agreements, decisions and concerted practices - Service station market in Spain - Long-term exclusive fuel supply agreements - Commission decision - Right of purchase granted to certain service stations - Conditions of supply by Repsol - List of the service stations concerned - Action for annulment - Time-limits for commencing proceedings - Starting point)

2011/C 13/06

Language of the case: Spanish

Parties

Parties

Appellant: Transportes Evaristo Molina, SA (represented by: A. Hernández Pardo, S. Beltrán Ruiz and M.L. Ruiz Ezquerra, abogados)

Appellant:

Other party to the proceedings: European Commission (represented by: E. Gippini Fournier, acting as Agent)

Other party to the proceedings:

Intervener in support of the defendant: Repsol Comercial de Productos Petrolíferos SA (represented by: F. Lorente Hurtado and P. Vidal Martínez, abogados)

Intervener in support of the defendant:

Re:

Re:

Appeal brought against the order of the Court of First Instance (Fourth Chamber) of 14 November 2008 in Case T-45/08 Transportes Evaristo Molina v Commission dismissing the action for annulment of Commission Decision 2006/446/EC of 12 April 2006 relating to a proceeding pursuant to Article 81 EC (Case COMP/B-1/38.348 — Repsol CPP) (summary published in OJ 2006 L 176, p. 104) making binding the undertakings given by Repsol CPP, adopted in accordance with Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 [EC] and 82 [EC] (OJ 2003 L 1, p. 1)

Transportes Evaristo Molina

Commission

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Transportes Evaristo Molina, SA to pay the costs. |
| --- | --- |

2.

Orders Transportes Evaristo Molina, SA to pay the costs.

---

(1)  OJ C 82, 4.4.2009.

1

---
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED July 11, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 07-40097 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ANTONIO IBARRA-IBANEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas

USDC No. 7:06-CR-509

-------------------- Before JOLLY, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Antonio IbarraIbanez raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The appellant’s motion for summary disposition is GRANTED, and the judgment of the district court is AFFIRMED.
I 

115TH CONGRESS 

1ST SESSION H. R. 4618 

To amend the Internal Revenue Code of 1986 to provide for a temporary 

moratorium on certain taxes affecting purchases of prescription medication. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 12, 2017 

Ms. JENKINS of Kansas introduced the following bill; which was referred to 

the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

for a temporary moratorium on certain taxes affecting 

purchases of prescription medication. 

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

3 SECTION 1. TEMPORARY MORATORIUM ON TAX ON OVER4 THE-COUNTER MEDICATIONS. 

5 (a) HSAS.—Subparagraph (A) of section 223(d)(2) 

6 of the Internal Revenue Code of 1986 is amended by strik7 ing ‘‘only if such’’ and all that follows and by inserting 

8 ‘‘only if— 

9 ‘‘(i) such medicine or drug is a pre10 scribed drug (determined without regard to 


daltland on DSKBBV9HB2PROD with BILLS
2 

•HR 4618 IH

1 whether such drug is available without a 

2 prescription) or is insulin, or 

3 ‘‘(ii) such amount is paid during the 

4 period beginning on January 1, 2018, and 

5 ending on December 31, 2019.’’. 

6 (b) ARCHER MSAS.—Subparagraph (A) of section 

7 220(d)(2) of the Internal Revenue Code of 1986 is amend8 ed by striking ‘‘only if such’’ and all that follows and by 

9 and inserting ‘‘only if— 

10 ‘‘(i) such medicine or drug is a pre11 scribed drug (determined without regard to 

12 whether such drug is available without a 

13 prescription) or is insulin, or 

14 ‘‘(ii) such amount is paid during the 

15 period beginning on January 1, 2018, and 

16 ending on December 31, 2019.’’. 

17 (c) HEALTH FLEXIBLE SPENDING ARRANGEMENTS

18 AND HEALTH REIMBURSEMENT ARRANGEMENTS.—Sub19 section (f) of section 106 of the Internal Revenue Code 

20 of 1986 is amended by striking ‘‘only if such’’ and all that 

21 follows and by and inserting ‘‘only if— 

22 ‘‘(1) such medicine or drug is a prescribed drug 

23 (determined without regard to whether such drug is 

24 available without a prescription) or is insulin, or 


daltland on DSKBBV9HB2PROD with BILLS
3 

•HR 4618 IH

1 ‘‘(2) such expense is incurred during the period 

2 beginning on January 1, 2018, and ending on De3 cember 31, 2019.’’. 

4 (d) EFFECTIVE DATES.— 

5 (1) DISTRIBUTIONS FROM SAVINGS AC6 COUNTS.—The amendments made by subsections (a) 

7 and (b) shall apply to amounts paid after December 

8 31, 2017. 

9 (2) REIMBURSEMENTS.—The amendment made 

10 by subsection (c) shall apply to expenses incurred 

11 after December 31, 2017. 

Æ 


daltland on DSKBBV9HB2PROD with BILLS
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4646 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                H. R. 4646

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 1900 Corporate Drive in Birmingham, Alabama, as the ``Lance Corporal 
             Thomas E. Rivers, Jr. Post Office Building''.

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

SECTION 1. LANCE CORPORAL THOMAS E. RIVERS, JR. POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 1900 Corporate Drive in Birmingham, Alabama, shall be known 
and designated as the ``Lance Corporal Thomas E. Rivers, Jr. Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Lance 
Corporal Thomas E. Rivers, Jr. Post Office Building''.

            Passed the House of Representatives March 5, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 4646

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 1900 Corporate Drive in Birmingham, Alabama, as the ``Lance Corporal 
             Thomas E. Rivers, Jr. Post Office Building''.
```
115TH CONGRESS 

2D SESSION H. R. 4528 

AN ACT 

To make technical amendments to certain marine fish 

conservation statutes, 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, 
2 

•HR 4528 EH

1 SECTION 1. BILLFISH CONSERVATION ACT OF 2012. 

2 Section 4(c)(1) of the Billfish Conservation Act of 

3 2012 (16 U.S.C. 1827a(c)(1)) is amended by inserting 

4 ‘‘and retained’’ after ‘‘landed’’. 

5 SEC. 2. SHARK CONSERVATION ACT OF 2010. 

6 The Act entitled ‘‘An Act to amend the High Seas 

7 Driftnet Fishing Moratorium Protection Act and the Mag8 nuson-Stevens Fishery Conservation and Management Act 

9 to improve the conservation of sharks’’, approved January 

10 4, 2011 (Public Law 111–348; 124 Stat. 3668), is amend11 ed— 

12 (1) by striking section 104 and inserting the 

13 following: 

14 ‘‘SEC. 104. RULE OF CONSTRUCTION. 

15 ‘‘Nothing in this title or the amendments made by 

16 this title shall be construed as affecting, altering, or di17 minishing in any way the authority of the Secretary of 

18 Commerce to establish such conservation and management 

19 measures as the Secretary considers necessary and appro20 priate under sections 302(a)(3) and 304(g) of the Magnu21 son-Stevens Fishery Conservation and Management Act 

22 (16 U.S.C. 1852(a)(3), 1854(g)).’’; and 
3 

•HR 4528 EH

1 (2) in section 1, by striking the item relating to 

2 section 104 and inserting the following: 

‘‘Sec. 104. Rule of construction.’’. 

Passed the House of Representatives June 25, 2018. 

Attest: 

Clerk. 
115TH CONGRESS 

2D SESSION H. R. 4528 

AN ACT 

fish conservation statutes, and for other purposes. 

To make technical amendments to certain marine