alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Fox, Receiver, *v.*Slusser.

[No. 12,177.

Filed March 18, 1925.]

1. Master and *Servant.—Finding of Industrial Board conclusive on appeal when sustained by*evidence.—A finding of the Industrial Board will not be disturbed on appeal where the evidence fairly tends to sustain the finding, p. 566.

2. Master and *Servant.—Injury of employee held to arise out of employment though caused by an act in violation of employer’s*order.—The fact that an employee’s injury resulted from an act of his in violation of an order or direction of his employer does not require a finding that his injury did not arise out of his employment, p. 566.

From Industrial Board of Indiana.

Application for compensation under Workmen’s Compensation Act by Calvin E. Slusser against Frank E. Fox, Receiver. From an award for claimant, the defendant appeals.

*Affirmed.*

*Bailey & Compton,*for appellant.

*Whiteleather & Bloom,*for appellee.

Dausman, C. J.

Calvin E. Slusser received an accidental injury while in the employment of Frank E. Fox, Receiver of the Farmers Mutual Electric Light and Power Association, for which injury the Industrial Board awarded compensation.

1. The receiver contends that the employee is not entitled to compensation because of wilful misconduct within §8 of the Compensation Act. (Acts 1919 p. 158, §8020r Burns’ Supp. 1921). The In*566dustrial Board found against the contention and the evidence tends fairly to- sustain the finding. Therefore, this court cannot disturb the award. Artman’s Manual, p. 93 *et seq.*

2. The only other contention is that the workman’s injury did not arise out of the employment because the act which caused his injury was done by him in violation of the order or direction of his employer. The contention cannot be sustained. Artman’s Manual, p. 60.

The award is affirmed.
[Federal Register Volume 76, Number 36 (Wednesday, February 23, 2011)]
[Notices]
[Page 10043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4017]



[[Page 10043]]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Initial Review Group, Minority Programs Review Subcommittee 
B.
    Date: March 10, 2011.
    Time: 1 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Natcher Building, 45 
Center Drive, Room 3AN18, Bethesda, MD 20814 (Telephone Conference 
Call).
    Contact Person: Rebecca H. Johnson, PhD, Scientific Review 
Officer, Office of Scientific Review, National Institute of General 
Medical Sciences, National Institutes of Health, Natcher Building, 
Room 3AN18C, Bethesda, MD 20892, 301-594-2771, 
<a href="/cdn-cgi/l/email-protection#412b2e292f322e2f3329012f28262c326f2f28296f262e37"><span class="__cf_email__" data-cfemail="670d080f09140809150f27090e000a1449090e0f49000811">[email protected]</span></a>.

 (Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives, National Institutes of Health, HHS)

    Dated: February 15, 2011.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2011-4017 Filed 2-22-11; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
E-2007-0904

October 25, 2007 Exempt ion No. 9529 Regulat ory Docket No. FAA-2006-25223

Mr. James L. Jensen Director of Operations Air Center Helicopters, Inc. 150 Aviation Way, Hangar 17N

Fort Worth, TX 76106

Dear Mr. Jensen:

This letter is to inform you that we have denied yo ur petition for exemption. It transmits our decision and explains its basis.

The Basis for Our Decision

By letter dated June 15, 2006, you petitioned the F ederal Aviation Administration (FAA) on behalf of Air Center Helicopters, Inc. (ACHI), for an exemption from § 135.145 of Title 14, Code of Federal Regulations (14 CFR) to the extent necessary to allow ACHI to place turbine helicopters in service under part 135 without condu cting proving flights.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested exemption would not set a pr ecedent, and any delay in acting on this petition would be detriment al to ACHI.

The FAA issued a denial of exemption in circumstanc es similar in all material respects to those presented in your petition. In Denial of Exe mption No. 7967 (copy enclosed), the petitioner desired relief in order to place turbine airplanes in service under part 135 without conducting proving flights. After considering all the relevant material, the FAA found that the petitioner failed to show that the proposed exempti on would provide a level of safety equivalent to that provided under the current regul ation. The FAA also found that the petitioner has failed to show how its circumstances are sufficiently unique to justify relief by exemption instead of through the general rulemaking process. In addition the FAA found the proposed exemption would not be in the public inter est.2

Having fully reviewed your petition, the FAA finds that the relief you have requested is the same sought in Denial of Exemption No. 7967. In ad dition, we find that the supportive information is essentially similar to that containe d in Denial of Exemption No. 7967. Furthermore, the FAA finds that an exemption would reduce the level of safety currently provided by § 135.145. Accordingly, FAA finds that a grant of exemption would not be in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 an d 44701, which the FAA Administrator has delegated to me, I hereby deny the petition of Air Center Helicopters, Inc. for an exemption from 14 CFR § 135.145.

Sincerely,

/s/ James J. Ballough Director, Flight Standards Service

Enclosure
**Exhibit 31.2**

**CERTIFICATION OF CHIEF FINANCIALOFFICER**

I,David G. Lloyd, certify that:

1.    I have reviewed this quarterly reporton Form 10-Q of Bertucci’s Corporation;

2.    Based on my knowledge, this reportdoes not contain any untrue statement of a material fact or omit to state amaterial fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3.    Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the Registrant as of, and for, the periods presented in thisreport;

4.    The Registrant’s other certifyingofficer and I are responsible for establishing and maintaining disclosurecontrols and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e))[omitted] for the Registrant and have:

a.     designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to be designedunder our supervision, to ensure that material information relating to theRegistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in whichthis report is being prepared;

b.     [omitted]

c.     evaluated the effectiveness of theRegistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

d.     disclosed in this report any changein the Registrant’s internal control over financial reporting that occurredduring the Registrant’s most recent fiscal quarter (the Registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected,or is reasonably likely to materially affect, the Registrant’s internal controlover financial reporting; and

5.    The Registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the Registrant’s auditors and the auditcommittee of the Registrant’s board of directors:

a.     all significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the Registrant’sability 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 theRegistrant’s internal control over financial reporting.

 
| Date:   August 11, 2006 | By:    | /s/ David G. Lloyd                              |   |
|-----------------------------------|--------|-------------------------------------------------|--------|
|                              |   | David G. Lloyd                                  |
|                              |   | President, Chief Financial Officer and Director |

 

----
`[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 300 Reported in House (RH)]






                                                 House Calendar No. 116
106th CONGRESS
  1st Session
H. RES. 300

                          [Report No. 106-330]

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 1999

 Mr. Diaz-Balart, from the Committee on Rules, reported the following 
resolution; which was referred to the House Calendar and ordered to be 
                                printed

_______________________________________________________________________

                               RESOLUTION


 
   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

    Resolved, That the requirement of clause 6(a) of rule XIII for a 
two-thirds vote to consider a report from the Committee on Rules on the 
same day it is presented to the House is waived with respect to any 
resolution reported on or before the legislative day of October 1, 
1999, providing for consideration or disposition of any of the 
following measures:
            (1) A bill or joint resolution making continuing 
        appropriations for the fiscal year 2000, any amendment thereto, 
        any conference report thereon, or any amendment reported in 
        disagreement from a conference thereon.
            (2) A conference report to accompany a bill making general 
        appropriations for the fiscal year ending September 30, 2000, 
        or any amendment reported in disagreement from a conference 
        thereon.
                                     





                                                 House Calendar No. 116

106th CONGRESS

  1st Session

                              H. RES. 300

                          [Report No. 106-330]

_______________________________________________________________________

                               RESOLUTION

   Waiving a requirement of clause 6(a) of rule XIII with respect to 
  consideration of certain resolutions reported from the Committee on 
                                 Rules.

_______________________________________________________________________

                           September 23, 1999

        Referred to the House Calendar and ordered to be printed`
IV

House Calendar No. 61

106TH CONGRESS

1ST SESSION H. RES. 186

[Report No. 106–160]

Providing for consideration of the bill (H.R. 1259) to amend the Congressional Budget Act of 1974 to protect Social Security surpluses through

strengthened budgetary enforcement mechanisms.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 1999

Mr. LINDER, from the Committee on Rules, reported the following resolution;

which was referred to the House Calendar and ordered to be printed

RESOLUTION

Providing for consideration of the bill (H.R. 1259) to amend

the Congressional Budget Act of 1974 to protect Social

Security surpluses through strengthened budgetary enforcement mechanisms.

1 Resolved, That upon the adoption of this resolution

2 it shall be in order to consider in the House the bill (H.R.

3 1259) to amend the Congressional Budget Act of 1974

4 to protect Social Security surpluses through strengthened

5 budgetary enforcement mechanisms. The bill shall be con6 sidered as read for amendment. The amendment specified
2

HRES 186 RH

1 in section 2 of this resolution shall be considered as adopt2 ed. The previous question shall be considered as ordered

3 on the bill, as amended, to final passage without inter4 vening motion except: (1) two hours of debate equally di5 vided and controlled among the chairmen and ranking mi6 nority members of the Committees on the Budget, Rules,

7 and Ways and Means; and (2) one motion to recommit

8 with or without instructions.

9 SEC. 2. The amendment considered as adopted is as

10 follows: page 3, line 13, strike ‘‘cause or increase’’ and

11 insert ‘‘set forth’’.

House Calendar No. 61

106TH CONGRESS

1ST SESSION H. RES. 186

[Report No. 106–160]

RESOLUTION

Providing for consideration of the bill (H.R. 1259)

nisms.strengthened budgetary enforcement mechato protect Social Security surpluses throughto amend the Congressional Budget Act of 1974

MAY 24, 1999

Referred to the House Calendar and ordered to be

printed
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM CONSOLIDATED
FINANCIAL STATEMENTS AS OF OCTOBER 2, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               OCT-02-1999
<CASH>                                              95
<SECURITIES>                                         0
<RECEIVABLES>                                   53,135
<ALLOWANCES>                                       215
<INVENTORY>                                     21,208
<CURRENT-ASSETS>                                94,998
<PP&E>                                         125,890
<DEPRECIATION>                                  45,826
<TOTAL-ASSETS>                                 234,362
<CURRENT-LIABILITIES>                           78,320
<BONDS>                                        120,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,250
<OTHER-SE>                                    (11,882)
<TOTAL-LIABILITY-AND-EQUITY>                   234,362
<SALES>                                        217,028
<TOTAL-REVENUES>                               217,028
<CGS>                                          191,689
<TOTAL-COSTS>                                  208,490
<OTHER-EXPENSES>                                    98
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,676
<INCOME-PRETAX>                                (3,236)
<INCOME-TAX>                                     2,047
<INCOME-CONTINUING>                            (5,283)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,283)
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
#### § 141.21 Trade confined to premises.

The licensee shall confine all trade on the reservation to the premises specified in the license, except, where permitted under § 141.14, the buying and selling of livestock and livestock products.
§ 162.402 Is there a model business lease form? There is no model business lease form because of the need for flexibility in negotiating and writing business leases; however, we may: ( a ) Provide other guidance, such as checklists and sample lease provisions, to assist in the lease negotiation process; and
( b ) Assist the Indian landowners, upon their request, in developing appropriate lease provisions or in using tribal lease forms that conform to the requirements of this part.
### §1114. Board of Actuaries

(a)(1) There is established in the Department of Defense a Department of Defense Medicare-Eligible Retiree Health Care Board of Actuaries (hereinafter in this chapter referred to as the "Board"). The Board shall consist of three members who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries.

(2)(A) Except as provided in subparagraph (B), the members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which his predecessor was appointed shall only serve until the end of such term. A member may serve after the end of his term until his successor has taken office. A member of the Board may be removed by the Secretary of Defense for misconduct or failure to perform functions vested in the Board, and for no other reason.

(B) Of the members of the Board who are first appointed under this paragraph, one each shall be appointed for terms ending five, ten, and 15 years, respectively, after the date of appointment, as designated by the Secretary of Defense at the time of appointment.

(3) A member of the Board who is not otherwise an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay under the General Schedule of subchapter III of chapter 53 of title 5, for each day the member is engaged in the performance of duties vested in the Board, and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of title 5.

(b) The Board shall report to the Secretary of Defense annually on the actuarial status of the Fund and shall furnish its advice and opinion on matters referred to it by the Secretary.

(c) The Board shall review valuations of the Fund under section 1115(c) of this title and shall report periodically, not less than once every four years, to the President and Congress on the status of the Fund. The Board shall include in such reports recommendations for such changes as in the Board's judgment are necessary to protect the public interest and maintain the Fund on a sound actuarial basis.

(Added Pub. L. 106–398, §1 [[div. A], title VII, §713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–180; amended Pub. L. 107–107, div. A, title X, §1048(a)(12), Dec. 28, 2001, 115 Stat. 1223.)

#### **Editorial Notes**

#### Amendments

2001—Subsec. (a)(1). Pub. L. 107–107 substituted "hereinafter" for "hereafter".
----

Notice of invitation to tender for the refund for the export of oats from Finland and Sweden for 2006-07

(2006/C 204/11)

I.   SUBJECT

II.   TIME LIMITS

III.   TENDERS

IV.   SECURITY FOR TENDER

The security for tender must be made out in favour of the competent authority concerned.

V.   AWARD OF CONTRACTS

The award will:

----

(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 147, 30.6.1995, p.7. Regulation as last amended by Regulation (EC) No 444/2004 (OJ L 123, 27.4.2004, p. 50).

(3)OJ L 233, 26.8.2006, p. 6.

----
### §948i. Who may serve on military commissions

(a) In General.—Any commissioned officer of the armed forces on active duty is eligible to serve on a military commission under this chapter, including commissioned officers of the reserve components of the armed forces on active duty, commissioned officers of the National Guard on active duty in Federal service, or retired commissioned officers recalled to active duty.

(b) Detail of Members.—When convening a military commission under this chapter, the convening authority shall detail as members thereof such members of the armed forces eligible under subsection (a) who, in the opinion of the convening authority, are best qualified for the duty by reason of age, education, training, experience, length of service, and judicial temperament. No member of an armed force is eligible to serve as a member of a military commission when such member is the accuser or a witness for the prosecution or has acted as an investigator or counsel in the same case.

(c) Excuse of Members.—Before a military commission under this chapter is assembled for the trial of a case, the convening authority may excuse a member from participating in the case.

(Added Pub. L. 111–84, div. A, title XVIII, §1802, Oct. 28, 2009, 123 Stat. 2576.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 948i, added Pub. L. 109–366, §3(a)(1), Oct. 17, 2006, 120 Stat. 2603, related to who may serve on military commissions, prior to the general amendment of this chapter by Pub. L. 111–84.