alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Franca Ferrari, Respondent, v Iona College et al., Appellants.

[943 NYS2d 526]-

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered April 4, 2011, which, to the extent appealed from as limited by the briefs, denied defendants’ motion to dismiss the complaint for failure to state a claim and based upon documentary evidence, unanimously reversed, on the law, with costs, and defendants’ motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff’s breach of contract claim should have been dismissed, as the documentary evidence conclusively establishes that plaintiffs termination from her employment as an assistant professor at defendant Iona College did not breach her contract with Iona or the provisions of Iona’s Faculty Handbook, which were incorporated by reference into the contract *(see*CPLR 3211 [a] [1]; *Leon v Martinez,*84 NY2d 83, 88 [1994]). Indeed, the Faculty Handbook and the cover letter that accompanied the contract make clear that the “Assistant Professor” position was a probationary, tenure-track position. Further, section 5.1.2 of the Handbook plainly states that “non-tenured full-time faculty” are “ordinarily terminated by non-renewal of the contract in force,” which is consistent with the contract’s express provisions that it was entered into for a single academic year and could be terminated by written notice, either at the end of its term on June 30, 2009, or prior to December 15, 2008, which occurred here.

*577Contrary to plaintiffs contention, the phrase “appointment with tenure” in sections 5.3 and 5.4 of the Handbook does not encompass “tenure-track appointments.” Rather, the plain meaning of “with tenure” encompasses only tenured faculty. Accordingly, the added protections for tenured faculty set forth in the Handbook do not apply to plaintiff. Additionally, the contract itself expressly provides for its own termination by written notice in the manner followed here by defendants, consistent with section 5.1.2 of the Handbook. To construe the Handbook phrase “appointment with tenure” as including tenure-track assistant professors would render the contract’s termination provisions meaningless — a result that should be avoided *(see Acme Supply Co., Ltd. v City of New York,*39 AD3d 331, 332 [2007], *lv denied 12*NY3d 701 [2009]; *HSBC Bank USA v National Equity Corp.,*279 AD2d 251, 253 [2001]).

Plaintiffs fraud claim, based on an alleged oral agreement to extend plaintiffs employment for an additional year in the event Iona decided not to renew her appointment, should also have been dismissed. The alleged oral agreement conflicts with the terms of the parties’ contract, which was signed after the alleged oral promise and, together with the Faculty Handbook, is a complete written instrument. Accordingly, the alleged oral agreement is unenforceable *(see Braten v Bankers Trust Co.,*60 NY2d 155, 162 [1983]). Concur — Friedman, J.P., Sweeny, DeGrasse, Abdus-Salaam and Román, JJ.
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James Pfisterheadline bar      **Poisonous Plant Research Lab** 1150 E 1400 N Logan, UT 84341 (435)797-4010       **Education** 1983 - PhD - Range Animal Nutrition; Utah State University 1979 - MS - Range Science; New Mexico State University 1977 - BS - Animal Science; Utah State University            **Research Interests** Plant animal interactions involved in consumption of toxic plants.  Effects of toxic plant consumption on animal behavior.  Nutritional status of grazing animals and effects on consumption of poisonous plants.  Grazing management of livestock to reduce risk of losses to poisonous plants.  **Significant Accomplishments** Developed grazing management recommendations for cattle on tall larkspur infested rangelands
Determined relationship between toxicity and palatability in larkspurs, and elucidated cyclic consumption patterns of larkspurs by cattle
Determined impacts of cattle body condition and nutritional status on pine needle ingestion by cattle
Determined effects of locoweed on maternal/offspring behaviors


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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 01-7473

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

GUADELMIRO REYES LOPEZ, JR.,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca B. Smith, District Judge.

(CR-99-38, CA-00-901-2)

Submitted: March 21, 2002 Decided: March 27, 2002

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Guadelmiro Reyes Lopez, Jr., Appellant Pro Se. James Ashford

Metcalfe, Assistant United States Attorney, Norfolk, Virginia, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Guadelmiro Reyes Lopez, Jr. seeks to appeal the district

court’s order denying his motion filed under 28 U.S.C.A. § 2255

(West Supp. 2001). We have reviewed the record and the district

court’s opinion and find no reversible error. Accordingly, we deny

a certificate of appealability and dismiss the appeal on the

reasoning of the district court. United States v. Lopez, Nos. CR99-38; CA-00-901-2 (E.D. Va. May 29, 2001). We dispense with oral

argument because the facts and legal contentions are adequately

presented in the materials before the court and argument would not

aid the decisional process.

DISMISSED
Exhibit 99.1

NEWS RELEASE

For further information contact:



|                        |  |                        
|----------------------- |  | -----------------------
|Kerry J. Chauvin        |  | Joseph Duke Gallagher
|Chief Executive Officer |  | Chief Financial Officer
|985.872.2100            |  | 985.872.2100           

FOR IMMEDIATE RELEASE

OCTOBER 13, 2006

GULF ISLAND FABRICATION, INC.

TO ANNOUNCE EARNINGS RESULTS

AND QUARTERLY CONFERENCE CALL

Houma, LA  (BUSINESS WIRE)  October 13, 2006Gulf Island Fabrication, Inc. (NASDAQ: GIFI), will announce 2006 third quarter earnings on Wednesday,
November 1, 2006 at 8:00 a.m. Central Time (9:00 a.m. Eastern Time).

The management of Gulf Island Fabrication, Inc. will hold a conference call on
Wednesday, November 1, 2006, at 9:00 a.m. Central Time (10:00 a.m. Eastern Time) to discuss the Companys financial results for the quarter ended September 30, 2006.

The call is accessible by webcast through CCBN and by dialing the following:

Dial In:
      1.800.946.0705

Webcast:    www.gulfisland.com

A digital rebroadcast of the call is available two hours after the call and ending November 14, 2006 by dialing:

Phone Number:       1.888.203.1112

Replay
Passcode:    1182943

Gulf Island Fabrication, Inc., based in Houma, Louisiana, is a leading fabricator of offshore drilling and
production platforms, offshore living quarters and other specialized structures used in the development and production of offshore oil and gas reserves. The Company also offers offshore interconnect pipe hook-up, inshore marine construction,
manufacture and repair of pressure vessels, and steel warehousing and sales.
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Radiologix, Inc. (the Company)
on Form 10-Q, as amended, for the quarterly period ended March 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael N. Murdock, Senior Vice President and Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge that:

(1) The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934,
as amended; and

(2) The information contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.



|                                                                    
|--------------------------------------------------------------------
|/s/ MICHAEL N. MURDOCK                                              
|Michael N. Murdock Senior Vice President and Chief
Financial Officer

Dated: September 26, 2006

A signed original of this written statement required by Section 906 has been provided to Radiologix, Inc. and will be retained by Radiologix, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
# C_2005045EN.01001601.xml

| 19.2.2005 | EN | Official Journal of the European Union | C 45/16 |
| --- | --- | --- | --- |

19.2.2005

EN

Official Journal of the European Union

C 45/16

---

Action brought on 8 December 2004 by the Commission of the European Communities against the Republic of Austria

(Case C-507/04)

(2005/C 45/30)

Language of the case: German

An action against the Republic of Austria was brought before the Court of Justice of the European Communities on 8 December 2004 by the Commission of the European Communities, represented by Michael Van Beek and Bernhard Schima, acting as Agents, assisted by Matthias Lang, Rechtsanwalt, with an address for service in Luxembourg.

The Commission of the European Communities claims that the Court should:

| 1. | declare that, by failing to implement correctly and fully in Austrian law Articles 1(1) and (2), 5, 6(1), 7(1) and (4), 8, 9(1) and (2) and 11 of Council Directive 79/409/EEC of 2 April 1979 (1) on the conservation of wild birds, the Republic of Austria has failed to fulfil its obligation to transpose that directive fully and correctly; |
| --- | --- |

1.

declare that, by failing to implement correctly and fully in Austrian law Articles 1(1) and (2), 5, 6(1), 7(1) and (4), 8, 9(1) and (2) and 11 of Council Directive 79/409/EEC of 2 April 1979 (1) on the conservation of wild birds, the Republic of Austria has failed to fulfil its obligation to transpose that directive fully and correctly;

1

| 2. | order the Republic of Austria to bear the costs of the proceedings. |
| --- | --- |

2.

order the Republic of Austria to bear the costs of the proceedings.

Pleas in law and main arguments

By the present action the Commission takes issue with the defective transposition in Austrian law of Directive 79/409/EEC by way of the relevant legal provisions of the Länder of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tyrol, Vorarlberg and Vienna which were notified to the Commission or which the Commission understands to have been adopted.

Länder

In the view of the Commission, the following were not fully and/or not correctly implemented for the territory of individual federal Länder: the provisions concerning the scope of Directive 79/409 (Article 1(1) and (2) of the Directive); the general rules governing the protection of bird species (Article 5 of the Directive); the ban on trade (Article 6(1) of the Directive); the provisions governing hunting of the species listed in Annex II (Article 7(1) of the Directive); the rules governing the preservation of populations (Article 7(4) of the Directive); the rules governing prohibited methods and equipment for hunting and capturing wild birds (Article 8 of the Directive); the criteria governing derogations from Articles 5 to 8 (Article 9(1) and (2) of the Directive); and the provisions on the introduction of wild bird species (Article 11 of the Directive).

Länder

---

(1)  OJ 1979 L 103, p. 1.

1

---
#### Aria Berkowitz, Appellant, v Expedito Tolentino, Respondent.

[941 NYS2d 885]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated October 7, 2011, which granted the defendant’s motion, inter alia, to vacate an order of the same court dated May 2, 2011, granting her unopposed motion for leave to enter judgment against the defendant upon his default in appearing or answering the complaint, and compelled her to accept late service of the answer.

Ordered that the order dated October 7, 2011, is affirmed, with costs.

To vacate the order entered upon his default in opposing the plaintiffs motion for leave to enter a default judgment, the defendant was required to demonstrate a reasonable excuse for his default in opposing the motion and a potentially meritorious opposition to the motion *(see*CPLR 5015 [a] [1]; *Castle v Avanti, Ltd.,*86 AD3d 531 [2011]; *Bethune v Prioleau,*82 AD3d 810 [2011]; *NY SMS Waterproofing, Inc. v Congregation Machne Chaim, Inc.,*81 AD3d 617, 618 [2011]). In support of the defendant’s motion, he demonstrated a reasonable excuse for his default in opposing the plaintiffs motion by establishing that defense counsel was never served with the plaintiffs motion papers as directed by the Supreme Court in an order dated February 14, 2011. In opposition, the plaintiff merely asserted that the motion papers were served upon the defendant’s attorney by facsimile transmission, as directed by the court. Since the plaintiffs assertions were not supported by an affidavit of service or proper proof of service, they were insufficient to rebut the defendant’s showing *(see*CPLR 2103 [b] [5]; *Bonik v Tarrabocchia,*78 AD3d 630, 632 [2010]; *Lambert v Schreiber,*69 AD3d 904, 905 [2010]).

Furthermore, the defendant demonstrated a reasonable excuse for his short delay in serving an answer and in appearing, and a potentially meritorious defense to the action *(see*CPLR 2005, 3012 [d]; *Zeccola & Selinger, LLC v Horowitz,*88 AD3d 992, 993 [2011]; *Harcztark v Drive Variety, Inc.,*21 AD3d 876, 876-877 [2005]; *Orwell Bldg. Corp. v Bessaha,*5 AD3d 573*798[2004]). Accordingly, the Supreme Court providently exercised its discretion in granting the defendant’s motion, inter alia, to vacate the order entered on default and in compelling the plaintiff to accept late service of the answer. Skelos, J.P., Dickerson, Hall, Roman and Cohen, JJ., concur.
105TH CONGRESS

1ST SESSION S. 1000

AN ACT

To designate the United States courthouse at 500 State

Avenue in Kansas City, Kansas, as the ‘‘Robert J. Dole

United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1000 ES

1 SECTION 1. DESIGNATION OF ROBERT J. DOLE UNITED

2 STATES COURTHOUSE.

3 The United States courthouse at 500 State Avenue

4 in Kansas City, Kansas, shall be known and designated

5 as the ‘‘Robert J. Dole United States Courthouse’’.

6 SEC. 2. REFERENCES.

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

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

9 States courthouse referred to in section 1 shall be deemed

10 to be a reference to the ‘‘Robert J. Dole United States

11 Courthouse’’.

Passed the Senate July 25, 1997.

Attest:

Secretary.
105TH CONGRESS

1ST SESSION S. 1000

AN ACT

To designate the United States courthouse at 500

‘‘Robert J. Dole United States Courthouse’’.State Avenue in Kansas City, Kansas, as the
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1127 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1127

  To apply the rates of duty in effect on January 1, 1995, to certain 
                     water resistant wool trousers.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 31, 1997

   Mr. Kerry introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
  To apply the rates of duty in effect on January 1, 1995, to certain 
                     water resistant wool trousers.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
That notwithstanding section 514 of the Tariff Act of 1930 or any other 
provision of law, upon proper request filed with the Customs Service 
within 180 days after the date of enactment of this Act, any entry or 
withdrawal from warehouse for consumption--
            (1) that was made after December 31, 1988, and before 
        January 1, 1995; and
            (2) that would have been claimed under subheading 
        6203.41.05 or 6204.61.10 of the Harmonized Tariff Schedule of 
        the United States and would have had a lower rate of duty, if 
        such entry or withdrawal had been made on January 1, 1995,
shall be liquidated or reliquidated as if such entry or withdrawal had 
been made on January 1, 1995.
                                 <all>
```
III 

112TH CONGRESS 

1ST SESSION S. RES. 330 

Designating January 27, 2012, as a national day of remembrance for Americans who, during the Cold War, worked and lived downwind from nuclear 

testing sites and were adversely affected by the radiation exposure generated by the above ground nuclear weapons testing. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2011 

Mr. CRAPO (for himself, Mr. RISCH, Mr. BINGAMAN, Mr. UDALL of New Mexico, Mr. UDALL of Colorado, and Mr. BENNET) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Designating January 27, 2012, as a national day of remembrance for Americans who, during the Cold War, worked 

and lived downwind from nuclear testing sites and were 

adversely affected by the radiation exposure generated 

by the above ground nuclear weapons testing. 

Whereas on January 27, 1951, the first of years of nuclear 

weapons tests was conducted at a site known as the Nevada Proving Ground, located approximately 65 miles 

northwest of Las Vegas, Nevada; 

Whereas the extensive testing at the Nevada Proving Ground 

came just years after the first ever nuclear weapon test, 

which was conducted on July 16, 1945, at what is known 


jbell on DSK7SPTVN1PROD with BILLS
2 

•SRES 330 ATS 

as the Trinity Atomic Test Site, located approximately 35 

miles south of Socorro, New Mexico; 

Whereas many Americans who, during the Cold War, worked 

and lived downwind from nuclear testing sites (referred 

to in this preamble as ‘‘downwinders’’) were adversely affected by the radiation exposure generated by the above 

ground nuclear weapons testing, and some of the 

downwinders sickened as a result of the radiation exposure; 

Whereas the downwinders paid a high price for the development of a nuclear weapons program for the benefit of the 

United States; and 

Whereas the downwinders deserve to be recognized for the 

sacrifice they have made for the defense of the United 

States: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates January 27, 2012, as a national 

3 day of remembrance for Americans who, during the 

4 Cold War, worked and lived downwind from nuclear 

5 testing sites and were adversely affected by the radi6 ation exposure generated by the above ground nu7 clear weapons testing; and 

8 (2) encourages the people of the United States 

9 to support and participate in appropriate cere10 monies, programs, and other activities to commemo11 rate January 27, 2012. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
Document Headings

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                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Election Commission

# FEDERAL REGISTER CITATION NOTICE OF PREVIOUS ANNOUNCEMENT:

86 FR 38713.

# PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

Tuesday, July 27, 2021 at 10:00 a.m. and its continuation at the conclusion of the open meeting on July 29, 2021.

# CHANGES IN THE MEETING:

 

This meeting will also discuss:

Matters relating to internal personnel decisions, or internal rules and practices.

Investigatory records compiled for law enforcement purposes and production would disclose investigative techniques.

Information the premature disclosure of which would be likely to have a considerable adverse effect on the implementation of a proposed Commission action.

* * * * *

# CONTACT FOR MORE INFORMATION:

Judith Ingram, Press Officer. Telephone: (202) 694-1220.

Vicktoria J. Allen,

Acting Deputy Secretary of the Commission.

[FR Doc. 2021-16557 Filed 7-30-21; 11:15 am]

BILLING CODE 6715-01-P
#### Kent *v.*Kent.

April 14, 1915.

Temporary alimony. Before Judge Hammond. Jenkins superior court. October 3, 1914.

*White & Lovett*and *A. S. Anderson,*for plaintiff in error.

*B. P. Jones,*contra.

Evans, P. J.

The petition for temporary and permanent alimony was good as against a general demurrer *(Sikes*v. *Sikes,*this day decided), and the court did not abuse his discretion in awarding temporary alimony and counsel fees to the applicant.

*Judgment affirmed.*

*All the Justices concur, except Fish, G. J., absent.*