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

110TH CONGRESS 

2D SESSION H. R. 5511 

To direct the Secretary of the Interior, acting through the Bureau of Reclamation, to remedy problems caused by a collapsed drainage tunnel 

in Leadville, Colorado, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2008 

Mr. LAMBORN (for himself and Mr. UDALL of Colorado) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

To direct the Secretary of the Interior, acting through the 

Bureau of Reclamation, to remedy problems caused by 

a collapsed drainage tunnel in Leadville, Colorado, 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. LEADVILLE MINE DRAINAGE TUNNEL REMEDI4 ATION. 

5 (a) SHORT TITLE.—This section may be cited as the 

6 ‘‘Leadville Mine Drainage Tunnel Remediation Act of 

7 2008’’. 


rwilkins on PROD1PC63 with BILLS
2 

•HR 5511 IH

1 (b) TUNNEL REMEDIATION.—The Reclamation 

2 Projects Authorization and Adjustment Act of 1992 (Pub3 lic Law 102–575) is amended as follows: 

4 (1) By striking section 705. 

5 (2) In section 708(a)— 

6 (A) by striking ‘‘(a)’’ and inserting 

7 ‘‘(a)(1)’’; 

8 (B) by striking ‘‘The Secretary shall have’’ 

9 and inserting ‘‘Except as provided by paragraph 

10 (2), the Secretary shall have’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(2) The Secretary shall participate in the im13 plementation of the operable unit 6 remedy for the 

14 California Gulch Superfund Site, as such remedy is 

15 defined in the Environmental Protection Agency’s 

16 2003 Record of Decision for such operable unit, 

17 by— 

18 ‘‘(A) treating water behind any blockage or 

19 bulkhead in the Leadville Mine Drainage Tun20 nel, including surface water diverted into the

21 Tunnel workings as part of the remedy; and 

22 ‘‘(B) managing and maintaining the mine 

23 pool behind such blockage or bulkhead at a level 

24 that precludes surface runoff and releases and 


rwilkins on PROD1PC63 with BILLS
3 

•HR 5511 IH

1 minimizes the potential for tunnel failure due to 

2 excessive water pressure in the tunnel.’’. 

3 (3) In section 708(f), by striking ‘‘and 708’’ 

4 and inserting ‘‘, 708, and 709’’. 

5 (4) By adding at the end the following: 

6 ‘‘SEC. 709. TUNNEL MAINTENANCE. 

7 ‘‘The Secretary shall take such steps to repair or 

8 maintain the structural integrity of the Leadville Mine 

9 Drainage Tunnel (LMDT) as may be necessary in order 

10 to prevent tunnel failure and to preclude uncontrolled re11 lease of water from any portion of the tunnel.’’. 

Æ 


rwilkins on PROD1PC63 with BILLS
SPENCER v. FORD

No. S05A1682.

Supreme Court of Georgia.

October 24, 2005.

Judgment affirmed without opinion.
# L_2013189EN.01001301.xml

| 10.7.2013 | EN | Official Journal of the European Union | L 189/13 |
| --- | --- | --- | --- |

10.7.2013

EN

Official Journal of the European Union

L 189/13

---

COUNCIL DECISION 2013/368/CFSP

of 9 July 2013

amending Decision 2012/392/CFSP on the European Union CSDP Mission in Niger (EUCAP Sahel Niger)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 16 July 2012, the Council adopted Decision 2012/392/CFSP (1) which expires on 15 July 2014. |
| --- | --- |

(1)

On 16 July 2012, the Council adopted Decision 2012/392/CFSP (1) which expires on 15 July 2014.

| (2) | The current financial reference amount covers the period until 15 July 2013. |
| --- | --- |

(2)

The current financial reference amount covers the period until 15 July 2013.

| (3) | Decision 2012/392/CFSP should therefore be amended to include a financial reference amount intended to cover the period until 31 October 2013. |
| --- | --- |

(3)

Decision 2012/392/CFSP should therefore be amended to include a financial reference amount intended to cover the period until 31 October 2013.

| (4) | The mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty, |
| --- | --- |

(4)

The mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

HAS ADOPTED THIS DECISION:

Article 1

In Article 13 of Decision 2012/392/CFSP, paragraph 1 is replaced by the following:

‧1.   The financial reference amount intended to cover the expenditure related to EUCAP Sahel Niger until 31 October 2013 shall be EUR 8 700 000. The financial reference amount for the subsequent period shall be decided by the Council‧.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels, 9 July 2013.

For the Council

The President

R. ŠADŽIUS

---

(1)  
  OJ L 187, 17.7.2012, p. 48.

1

---
# C_2013281EN.01002501.xml

| 27.9.2013 | EN | Official Journal of the European Union | C 281/25 |
| --- | --- | --- | --- |

27.9.2013

EN

Official Journal of the European Union

C 281/25

---

Statement of revenue and expenditure of the European Fisheries Control Agency for the financial year 2013 — Amending Budget No 1

(2013/C 281/06)

Establishment plan

Establishment plan

| Function group and grade | 2011 | 2012 | 2013 |
| --- | --- | --- | --- |
| Permanent posts | Permanent posts | Permanent posts | Temporary posts | Permanent posts | Temporary posts |
| AD 16 | | | | | | |
| AD 15 | | | | 1 | | 1 |
| AD 14 | | 1 | | | | |
| AD 13 | | 1 | | 2 | | 2 |
| AD 12 | 1 | 2 | | 2 | | 2 |
| AD 11 | | | | | | |
| AD 10 | | 1 | | 3 | | 3 |
| AD 9 | 2 | 6 | | 6 | | 6 |
| AD 8 | 1 | 2 | | 5 | | 5 |
| AD 7 | | 1 | | 1 | | 1 |
| AD 6 | | 1 | | 1 | | 2 |
| AD 5 | | 1 | | | | |
| Total AD | 4 | 16 | | 21 | | 22 |
| AST 11 | | 1 | | | | |
| AST 10 | | 6 | | 7 | | 7 |
| AST 9 | | 3 | | 3 | | 3 |
| AST 8 | | 3 | | 3 | | 3 |
| AST 7 | | 8 | | 8 | | 8 |
| AST 6 | | 3 | | 3 | | 2 |
| AST 5 | | 6 | | 6 | | 6 |
| AST 4 | | | | | | |
| AST 3 | | 1 | | 2 | | 2 |
| AST 2 | | 2 | | 1 | | 1 |
| AST 1 | | | | | | |
| Total AST | 0 | 33 | | 33 | | 32 |
| Grand total | 4 | 49 | | 54 | | 54 |

Function group and grade

2011

2012

2013

Permanent posts

Permanent posts

Permanent posts

Temporary posts

Permanent posts

Temporary posts

AD 16

AD 15

1

1

AD 14

1

AD 13

1

2

2

AD 12

1

2

2

2

AD 11

AD 10

1

3

3

AD 9

2

6

6

6

AD 8

1

2

5

5

AD 7

1

1

1

AD 6

1

1

2

AD 5

1

Total AD

4

16

21

22

AST 11

1

AST 10

6

7

7

AST 9

3

3

3

AST 8

3

3

3

AST 7

8

8

8

AST 6

3

3

2

AST 5

6

6

6

AST 4

AST 3

1

2

2

AST 2

2

1

1

AST 1

Total AST

0

33

33

32

Grand total

Grand total

4

4

49

49

54

54

54

54

---
IN RE J.M.P.

No. COA05-1079.

North Carolina Court of Appeals.

Filed July 18, 2006.

Certification Date August 7, 2006.

Appeal from Greene (03JT43).

Case without published opinion. Reversed and remanded.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 02-6535

TIMMY TERRON,

Plaintiff - Appellant,

versus

ROBERT KUPEC, Warden; JOSEPH COLBURN, Captain;

R. T. WELLS, Sergeant; L. R. VANN, Captain;

EDWIN TURNER, Principal; VICTOR ELBECK, Adj.

H.O.; ROBERT D. RITCHEY; MARVIN N. ROBBINS,

I.G.O.,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-01-

2155-AMD)

Submitted: October 2, 2002 Decided: October 16, 2002

Before WILKINS and TRAXLER, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Timmy Terron, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Timmy Terron seeks to appeal the district court’s order

denying reconsideration of the denial of his 42 U.S.C. § 1983

(2000) complaint. We have reviewed the record and find no

reversible error. Accordingly, we affirm on the reasoning of the

district court. See Terron v. Kupec, No. CA-01-2155-AMD (D. Md.

July 30, 2001 & Jan. 15, 2002). 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.

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

NO. 03
- 23
- 00514
- CR

Kyle Taylor , Appellant

v. The State of Texas , Appellee

FROM THE 167TH DISTRICT COURT OF TRAVIS COUNTY NO. D
- 1
- DC
- 23
- 200257 , THE HONORABLE DAYNA BLAZEY , JUDGE PRESIDING

O R D E R A N D M E M O R A N D U M O P I N I O N

PER CURIAM

Appellant’s brief was originally due January 8, 202 4

. On March 11, 2024, t his
Cour t ordered appellant to file his brief by April 19, 2024 , and informed him that a fai lur e to file his brief would result in the referral of this case to the trial court for a hearing under Rule 38 .8(b) of the Texas Rules of Appellate Procedure. To date, the brief has not bee n tendered for filing and is overdue. The appeal is abated and rem anded to the trial court. The trial court shall conduct a hearing to determine whether appellant desires to prosecute this appeal and, if so, whether counsel has abandoned thi s appeal. See Tex. R. App. P. 38.8(b)(2), (3). The court shall make
appropr iat e written findings and recommendations. See id. R. 38.8(b)(2), (3). If necessary, the court shall appoint substitute counsel who will effectively represent appellant in this appeal. Following the hearing, which shall be transcribed, the trial court s hall order the appropriate2

supplemental clerk’s and reporter’s records

— including all findings and orders

— to be prepared and forwarded to this Court no later than May 2 4 , 2024

. See id. R. 38.8(b) (3)

.

It is so ordered Ap r il 24, 2024.

Before Justi ces Baker, T riana and Kelly Abated and Remanded Filed: April 24, 2024 Do Not Publish
IN RE C.S.

No. COA05-1362.

North Carolina Court of Appeals.

Filed June 6, 2006

Certification Date June 26, 2006

Appeal from Randolph (04J21, 04J22)

Case without published opinion. Dismissed.
FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 1/12/2015 1:44:17 PM CHRISTOPHER A. PRINE Clerk
#### Mariannina Cappiello et al., Respondents, v Xuan Thi Johnson et al., Respondents, and Town of Orangetown, Appellant.

[800 NYS2d 766]

In an action to recover damages for personal injuries, the defendant Town of Orangetown appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (O’Rourke, J.), dated March 4, 2004, as denied its motion for summary judgment dismissing the amended complaint and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiffs.

Contrary to the appellant’s contention, while Town Law § 65-a requires prior written notice of any icy conditions on a highway in order for the municipality to be held liable for injuries caused by those conditions, there is no need to plead or *922prove prior written notice where it is alleged that a municipality created the hazardous condition *(see Doherty v Town of Orangetown,*221 AD2d 310, 311 [1995]). Here, in opposition to the appellant’s prima facie establishment of its entitlement to summary judgment, the plaintiffs raised a triable issue of fact as to whether the appellant created a dangerous condition by plowing snow onto either side of the road, where the road pitch and drainage system were such that when the snow melted, water flowed across the road. That water subsequently froze, allegedly creating the icy condition which caused the vehicle of the defendant Xuan Thi Johnson to skid and hit the plaintiffs’ vehicle. Thus, the Supreme Court properly denied the appellant’s motion for summary judgment.

The appellant’s remaining contentions are either without merit or improperly raised for the first time in its reply brief *(see Workers’ Compensation Bd. of State of N.Y. v Rizzi,*14 AD3d 608, 609 [2005]). Cozier, J.P., Crane, Luciano and Skelos, JJ., concur.
IN RE SMS

No. COA05-137.

North Carolina Court of Appeals.

Filed January 17, 2006.

Certification Date February 6, 2006.

Appeal from Rutherford (02J89, 02J90).

Case reported without published opinion. Affirmed.
CARILLON v. NCDHHS, et al.

No. 54A06.

Supreme Court of North Carolina.

October 16, 2006.

Melissa L. Trippe, Mark A. Davis, Special Deputy Attorney Generals, Thomas W. Woodward, Susan K. Hackney, Assistant Attorney Generals, Christopher G. Browning, Jr., Solicitor General, for NCDHHS.

Forrest W. Campbell, Jr., Greensboro, Charles F. Marshall, III, Raleigh, for Carillon Assistant Living.

Susan M. Fradenburg, Allyson Jones Labban, Greensboro, for Ridge Care, Inc.

The following order has been entered on the motion filed on the 12th day of October 2006 by Petitioner for Extension of Time to File Brief:

"Motion Allowed. Petitioner (Carillon Assistant Living) shall have up to and including the 6th day of November 2006 to file and serve his/her brief with this Court. By order of the Court in conference this the 16th day of October 2006."
Electronically Filed Intermediate Court of Appeals CAAP-15-0000340 20-AUG-2015 08:11 AM
Exhibit 10.13


                                    AGREEMENT

         Agreement by and between Mary Winston ("Employee" or "you") and
Scholastic Inc. (the "Company"). This Agreement shall be effective as of the
last date of signing below.

         1. This Agreement confirms our understanding that in the event the
Company terminates your employment other than for cause, you shall receive a
lump sum payment, in lieu of severance, equivalent to twelve (12) months of
salary, at your then current base salary.

         2. You understand that this Agreement constitutes the complete
understanding between the Company and you, and supersedes any and all
agreements, understandings, and discussions, whether written or oral, between
you and the Company with regard to the subject hereof. No other promises or
agreements shall be binding unless in writing and signed by both the Company and
you after the Effective Date of this Agreement.


Print Name: Mary A. Winston                                Date: August 5, 2005
            -------------------                                 ----------------



Signature:  /s/ Mary A. Winston
            ------------------------


SCHOLASTIC INC.

By:  /s/ Richard Robinson                                  Date: August 5, 2005
     --------------------------------------                     ----------------
[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Notices]
[Page 49375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16717]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Multilingual 
Initiative (MLI) Issue Committee Will be Conducted (Via Teleconference)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Multilingual 
Initiative (MLI) Issue Committee will be conducted (via 
teleconference). The Taxpayer Advocacy Panel is soliciting public 
comments, ideas, and suggestions on improving customer service at the 
Internal Revenue Service.

DATES: The meeting will be held Tuesday, September 13, 2005 from 2:30 
p.m. to 3:30 p.m. ET.

FOR FURTHER INFORMATION CONTACT: Inez E. De Jesus at 1-888-912-1227, or 
(954) 423-7977.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Multilingual 
Initiative Issue Committee will be held Tuesday, September 13, 2005 
from 2:30 p.m. to 3:30 p.m. ET via a telephone conference call. If you 
would like to have the TAP consider a written statement, please call 1-
888-912-1227 or (954) 423-7977, or write Inez E. De Jesus, TAP Office, 
1000 South Pine Island Rd., Suite 340, Plantation, FL 33324. Due to 
limited conference lines, notification of intent to participate in the 
telephone conference call meeting must be made with Inez E. De Jesus. 
Ms. De Jesus can be reached at 1-888-912-1227 or (954) 423-7977, or 
post comments to the Web site: http://www.improveirs.org.
    The agenda will include the following: Various IRS issues.

    Dated: August 18, 2005.
Martha Curry,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 05-16717 Filed 8-22-05; 8:45 am]
BILLING CODE 4830-01-P
STATE of North Carolina v. Michael A. CAMP.

No. 616P05.

Supreme Court of North Carolina.

May 4, 2006.

Michael A. Camp, Pro Se.

Kathleen U. Baldwin, Assistant Attorney General, Peter S. Gilchrist, III, District Attorney, for State of NC.

*ORDER*

Upon consideration of the petition filed by Defendant on the 2nd day of November 2005 in this matter for a writ of certiorari to review the decision of the North Carolina Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

*495"Dismissed by order of the Court in conference, this the 4th day of May 2006."
WAKE FOREST UNIVERSITY HEALTH SCIENCES v. NORTH CAROLINA DEPT. OF HEALTH AND HUMAN SERVICES.

COA05-1597.

Court of Appeals of North Carolina.

Filed November 21, 2006.

Certification Date December 11, 2006.

Appeal from the Dept. of Health & Human Services (04DHR1406).

Case reported without published opinion. Affirmed.
**EXHIBIT
      32.1**





**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 Annual Report of Internet Infinity, Inc. (the “Company”) on
      Form 10-K for the year ended March 31, 2008, as filed with the Securities and
      Exchange Commission on or about the date hereof (the “Report”), I, Roger Casas,
      Chief Executive Officer of the Company, certify, pursuant to Section 906 of
      the
      Sarbanes-Oxley Act of 2002, 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)  Information
      contained in the Report fairly presents, in all material respects, the financial
      condition and results of operations of the Company.





Date:
      July 15, 2008





*/s/
                Roger Casas*Roger
                CasasChief
                Executive Officer




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


Exhibit
        32.1
 Page
        1 of
        1 Page
Exhibit 32.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



Certification of CEO



In connection with the Quarterly Report of KH Funding Company (the Company) on Form 10-QSB for the period ended September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Robert L. Harris, Chief Executive Officer of the Company, certify, pursuant to Section 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) and 15(d) 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 operation of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                         |  |                                      
|------------------------ |  | -------------------------------------
|Dated: November 14, 2005 |  | /s/ Robert L. Harris                 
|                         |  | Robert L. Harris                     
|                         |  | President and Chief Executive Officer



A signed original of this written
statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been
provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies this Report on Form 10-QSB pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by reference into any filing under
the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 28, 2013

p1021

Order 

Clerk

October 28, 2013

147393

BRIAN BONAR,

Petitioner-Appellant,

v SC: 147393

COA: 310707

MTT: 00-410948

DEPARTMENT OF TREASURY,

Respondent-Appellee.

_________________________________________/

On order of the Court, the application for leave to appeal the May 30, 2013 

judgment of the Court of Appeals is considered and, it appearing to this Court that the 

cases of Fradco, Inc v Dep’t of Treasury (Docket No. 146333) and SMK, LLC v Dep’t of 

Treasury (Docket No. 146335) are pending on appeal before this Court and that the 

decisions in those cases may resolve an issue raised in the present application for leave to 

appeal, we ORDER that the application be held in ABEYANCE pending the decisions in 

those cases.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-6133

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JIMMY LAWRENCE NANCE,

Defendant - Appellant.

Appeal from the United States District Court for the Western

District of Virginia, at Roanoke. James C. Turk, District Judge.

(CR-92-135-R)

Submitted: April 16, 1998 Decided: May 4, 1998

Before WILKINS and HAMILTON, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Jimmy Lawrence Nance, Appellant Pro Se. Thomas Linn Eckert, Assistant United States Attorney, Roanoke, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying Appellant's motion to recuse. We have reviewed the record and the

district court's opinion and find no reversible error. Accordingly,

we affirm on the reasoning of the district court. United States v.

Nance, No. CR-92-135-R (W.D. Va. Jan. 16, 1998). 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.

AFFIRMED