alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Prestonsburg Water Co. v. Great Savings Store et al.

(Decided Dec. 17, 1937.)

S. S. WILLIS and ALLEN & TACKETT for appellant .

*3.*B. CLARKE for appellees.

Opinion op the Court by

Creal, Commissioner—

Reversing.

*247Mabel Fannin, wbo conducts a mercantile business in Prestonsburg, Ky., under tbe firm name of Great Savings Store, has recovered judgment against tbe Prestonsburg Water Company, a corporation, in tbe sum of $3,000 for tbe destruction of a stock of goods by fire alleged to have been caused by tbe failure of tbe water company to furnish water for fighting fire in accordance with tbe provisions of an ordinance under which it was operating its plant. Tbe water company is appealing,

One of the grounds argued for reversal is that tbe court erred in permitting witnesses to give an opinion as to tbe value of tbe stock of goods without showing that tbe witness was qualified to speak on tbe subject and bad knowledge of facts on which to base an opinion. Some witnesses, wbo bad frequently been in tbe store and bad seen tbe stock of goods, were permitted to give an opinion concerning its value. This should not have been permitted unless it was reasonably made to appear that the witnesses by inspection and observations bad some knowledge of tbe quantity and quality and value of different kinds of merchandise carried in tbe store.

In all material respects, tbe pleadings, evidence, etc., are the same as in tbe case of Prestonsburg Water Company v. William Dingus, 271 Ky. 240, 111 S. W. (2d) 661, this day decided, and on tbe authority of tbe opinion in that case and for tbe reasons assigned, tbe judgment is reversed and tbe cause remanded for proceedings in conformity with that opinion. All other questions being reserved.

Whole court sitting.
The single most important way you can stay

healthy is to be an active member of your own

health care team. One way to get high-quality

health care is to find and use information and

take an active role in all of the decisions made

about your care. This card will help you when

planning for surgery.

No surgery is risk free. It is important to learn

about the possible benefits and risks involved

in the surgical procedure you are about to have.

Research has shown that patients who are

informed about their procedure can better work

with their doctors to make the right decisions.

Getting a second opinion is important. Your

doctor, surgeon, health plan, or local medical

society can help you find someone who can

give you a second opinion. Before seeking a

second opinion, make sure your health plan

will cover this expense.

Before having surgery, ask your physician these

questions:

1. What operation are you recommending?

2. Why do I need the operation?

3. Are there alternatives to surgery?

4. What are the benefits of having the 

operation?

5. What are the risks of having the operation?

6. What will happen if I don’t have this 

operation?

7. Where can I get a second opinion?

uick Tips—

When Planning for Surgery
8. What has been your experience in doing 

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performed?

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11. How long will it take me to recover?

12. How much will the operation cost?

Remember, quality matters, especially when it

comes to your health. For more information

on health care quality and materials to help

you make health care decisions, visit

http://www.ahrq.gov/consumer/pathqpack.htm

www.ahrq.gov

AHRQ Pub. No. 01-0040d
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t h e ri gh t t o an O UT-OF-TIM E APPEAL

-- b u t YOU M UST TAKE ACTION to

ex erci s e t h at ri g h t by m o v i n g fo r an o u t -o f-t i m e ap p eal i n t h e t r i a l co u rt

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. 10/06/2021
§ 112.5 Reliance on advisory opinions (52 U.S.C. 30108(c)). ( a ) An advisory opinion rendered by the Commission under 11 CFR part 112 may be relied upon by: ( 1 ) Any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered, and
( 2 ) Any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered.
( b ) Notwithstanding any other provision of law, any person who relies upon an advisory opinion in accordance with 11 CFR 112.5(a) and who acts in good faith in accordance with that advisory opinion shall not, as a result of any such act, be subject to any sanction provided by the Federal Election Campaign Act of 1971, as amended, or by chapters 95 or 96 of the Internal Revenue Code of 1954.
Pension Benefit Guaranty Corporation 

80-17 

October 2, 1980 

REFERENCE: 

 [*1] 4007 Payment of Premiums

29 CFR 2602 Payment of Premiums 

OPINION: 

 This is in response to your letter of September 12, 1980, inquiring how to determine who are plan participants under

the Payment of Premiums Regulation, 29 C.F.R. § 2602.2. 

Without a specimen plan document, we are unable to give you specific guidance. Section 2602.2(d) of the Payment

of Premiums Regulation provides that those defined as participants in a plan are also participants for premium payment

purposes. Premiums must be paid for all individuals who fall within the plan's definition of participant, notwithstanding

the fact they are not accroing benefits. For example, in an "excess only" defined benefit plan, premiums would be owed

for all employees who have met the plan's age and service requirements, including participants whose compensation rate

may be less than the plan's integration level. 

Henry Rose 

General Counsel
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, 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. 

 _________________________________________ 

 Clerk

August 18, 2010 

Order 

 

August 18, 2010 

138577(113) 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 138577 

 COA: 279017 

Wayne CC: 05-003228-01 

ALEXANDER ACEVAL, 

Defendant-Appellant. 

_____________________________________ 

 On order of the Chief Justice, the motion for extension to August 9, 2010 of the 

time for filing the supplemental brief of plaintiff-appellee is considered and it is 

GRANTED.
### §941. Art. 141. Status

There is a court of record known as the United States Court of Appeals for the Armed Forces. The court is established under article I of the Constitution. The court is located for administrative purposes only in the Department of Defense.

(Added Pub. L. 101–189, div. A, title XIII, §1301(c), Nov. 29, 1989, 103 Stat. 1570; amended Pub. L. 103–337, div. A, title IX, §924(a)(2), Oct. 5, 1994, 108 Stat. 2831.)

#### **Editorial Notes**

#### Amendments

1994—Pub. L. 103–337 substituted "Court of Appeals for the Armed Forces" for "Court of Military Appeals".

#### **Statutory Notes and Related Subsidiaries**

#### Change of Name

Pub. L. 103–337, div. A, title IX, §924(a)(1), Oct. 5, 1994, 108 Stat. 2831, provided that: "The United States Court of Military Appeals shall hereafter be known and designated as the United States Court of Appeals for the Armed Forces."
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Page 11210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4681]


=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 11 a.m., Friday March 25, 2011.

PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Surveillance and Enforcement Matters.

CONTACT PERSON FOR MORE INFORMATION: Sauntia S. Warfield, 202-418-5084.

Sauntia S. Warfield,
Assistant Secretary of the Commission.
[FR Doc. 2011-4681 Filed 2-25-11; 4:15 pm]
BILLING CODE 6351-01-P
#### The Whitney Arms Company, Respondent, *v.*Franklin W. Brooks et al., Appellants.

(Argued April 16, 1877;

decided April 24, 1877.)

*Samuel*Hand, for appellant.

No one appeared for respondent.

Agree to reverse and grant new trial on opinion of Allen, J., in *Whitney Arms Co.*v. *Barlow*(63 N. Y., 62).

All concur. Folger and Andrews, JJ., absent.

J udgment reversed.
# C_2007069EN.01001403.xml

| 24.3.2007 | EN | Official Journal of the European Union | C 69/14 |
| --- | --- | --- | --- |

24.3.2007

EN

Official Journal of the European Union

C 69/14

---

Action brought on 9 February 2007 — Commission of the European Communities v Federal Republic of Germany

(Case C-70/07)

(2007/C 69/34)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: V. Kreuschitz and I. Kaufmann-Bühler, acting as Agents)

Applicant:

Defendant: Federal Republic of Germany

Defendant:

Form of order sought

| — | Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (1) or, in any event, by failing to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under Article 14(1) of that directive; |
| --- | --- |

—

Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose Directive 2002/44/EC of the European Parliament and of the Council of 25 June 2002 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration) (sixteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (1) or, in any event, by failing to communicate such measures to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under Article 14(1) of that directive;

1

| — | order the Federal Republic of Germany to pay the costs. |
| --- | --- |

—

order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into national law expired on 6 July 2005.

---

(1)  OJ L 177, 2002, p. 13.

1

---
Dear Sir or Madam,

I, Aaron I Nettles, am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Aaron Nettles , an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Aaron Nettles, may operate my small ultra light weight unmanned aircraft system (“UAS”) commercially in airspace regulate d by the Federal Aviation Administration (“FAA”).

As described herein I Aaron Nettles, am experienced in flying hobby helicopters for recreational purposes. I have added a hobby grade quad

- copter UAS to my inventory equipped with a GoPro3+

Black camera wi th intent for aerial videography/cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the metro Comanche County area, and augment real estate listing videos; following exempti on and approval by the FAA. Thereby enhancing their academic research experience for the Comanche County

area.
### §8222. Indebtedness to Marine Corps Exchanges: payment from appropriated funds in certain cases

Under regulations prescribed by the Secretary of the Navy, appropriations for the pay of the Marine Corps are available to pay any indebtedness to Marine Corps Exchanges of members of the Marine Corps who are discharged, who desert, or who are sentenced to prison.

(Aug. 10, 1956, ch. 1041, 70A Stat. 378, §6032; renumbered §8222, Pub. L. 115–232, div. A, title VIII, §807(b)(7), Aug. 13, 2018, 132 Stat. 1834.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6032 | 34 U.S.C. 725. | Aug. 2, 1946, ch. 756, §28, 60 Stat. 857. |

The words "while in debt to the United States" are omitted as surplusage and to avoid the erroneous interpretation that the provision authorizes the payment, out of appropriations, of debts other than to Marine Corps Exchanges.

#### **Editorial Notes**

#### Prior Provisions

Prior sections 8222 to 8224 were repealed by Pub. L. 103–337, div. A, title XVI, §1662(a)(3), Oct. 5, 1994, 108 Stat. 2988.

Section 8222, acts Aug. 10, 1956, ch. 1041, 70A Stat. 502; Dec. 12, 1980, Pub. L. 96–513, title V, §504(9), 94 Stat. 2916, related to authorized strength of Air Force Reserve, exclusive of members on active duty. See section 12002(a) of this title.

Section 8223, act Aug. 10, 1956, ch. 1041, 70A Stat. 502, related to authorized strength of Air Force Reserve in warrant officers. See section 12008 of this title.

Section 8224, act Aug. 10, 1956. ch. 1041, 70A Stat. 502, related to authorized strength of Air National Guard of United States. See section 12001 of this title.

#### Amendments

2018—Pub. L. 115–232 renumbered section 6032 of this title as this section.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
§ 115.78 Disciplinary sanctions for detainees. ( a ) Each facility shall subject a detainee to disciplinary sanctions pursuant to a formal disciplinary process following an administrative or criminal finding that the detainee engaged in sexual abuse.
( b ) At all steps in the disciplinary process provided in paragraph (a), any sanctions imposed shall be commensurate with the severity of the committed prohibited act and intended to encourage the detainee to conform with rules and regulations in the future.
( c ) Each facility holding detainees in custody shall have a detainee disciplinary system with progressive levels of reviews, appeals, procedures, and documentation procedure.
( d ) The disciplinary process shall consider whether a detainee's mental disabilities or mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed.
( e ) The facility shall not discipline a detainee for sexual contact with staff unless there is a finding that the staff member did not consent to such contact.
( f ) For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation.
H. Res. 650

In the House of Representatives, U.S.,

October 27, 2000.

Whereas the Federal Energy Regulatory Commission has

completed its investigation of the California energy crisis:

Now, therefore, be it

Resolved, That it is the sense of the United States House

of Representatives that, before November 1, 2000, the Federal Energy Regulatory Commission should make public its

findings and recommendations regarding the electricity crisis

in California.

Attest:

Clerk.
# C_2006320EN.01002401.xml

| 28.12.2006 | EN | Official Journal of the European Union | C 320/24 |
| --- | --- | --- | --- |

28.12.2006

EN

Official Journal of the European Union

C 320/24

---

MEDIA 2007 — Development, distribution and promotion

MEDIA

Call for proposals — EACEA No 16/06

Implementation of a programme to encourage the development, distribution and promotion of European audiovisual works

Support for the development of production projects (‘MEDIA New Talent’, single projects and slate funding)

(2006/C 320/11)

1.   Objectives and description

The aim of MEDIA 2007 (Development) is to support the development of production projects for the European and international markets in the following genres: fiction, creative documentaries, animation and multimedia.

2.   Eligible applicants

Only independent companies whose main activity is audiovisual and/or multimedia production are eligible for support. Applicant companies must be established in one of the following countries: the Member States of the European Union, the EFTA and EEA countries participating in the MEDIA 2007 Programme (Iceland, Liechtenstein, Norway) and Switzerland, subject to the conclusion of a new cooperation agreement with this country in the framework of the MEDIA Programme.

Applicant companies must also provide evidence that they have the previous experience of audiovisual production required in accordance with the guidelines.

3.   Budget

The total budget earmarked for the cofinancing of projects is estimated at EUR 13 million. Financial assistance from the Commission cannot exceed 50 % of the total eligible costs (60 % for projects highlighting Europe's cultural diversity). The maximum subsidy in the case of slate funding is EUR 150 000. For single projects it varies between EUR 10 000 and 80 000 depending on the genre.

4.   Deadline

Applications must be sent to the Executive Agency (EACEA) no later than:

| — | 12 February 2007 (‘MEDIA New Talent’) |
| --- | --- |

—

12 February 2007 (‘MEDIA New Talent’)

| — | 16 April 2007 (single projects and slate funding). |
| --- | --- |

—

16 April 2007 (single projects and slate funding).

5.   Detailed information

The complete guidelines together with the application forms are available on the website:

http://ec.europa.eu/comm/avpolicy/media/index_en.html.

Applications must comply with the requirements set out in the guidelines and be submitted using the form provided.

---
### §2702. Mortgages eligible for assistance

No assistance shall be extended with respect to any mortgage under this chapter unless—

(1) the holder of the mortgage has indicated to the mortgagor its intention to foreclose;

(2) the mortgagor and holder of the mortgage have certified that circumstances make it probable that there will be a foreclosure and that the mortgagor is in need of emergency mortgage relief as authorized by this chapter;

(3) payments under the mortgage have been delinquent for at least three months;

(4) the mortgagor has incurred a substantial reduction in income as a result of involuntary unemployment or underemployment due to adverse economic conditions or medical conditions and is financially unable to make full mortgage payments;

(5) there is a reasonable prospect that the mortgagor will be able to make the adjustments necessary for a full resumption of mortgage payments; and

(6) the mortgaged property is the principal residence of the mortgagor.

(Pub. L. 94–50, title I, §103, July 2, 1975, 89 Stat. 249; Pub. L. 111–203, title XIV, §1496(b)(1), July 21, 2010, 124 Stat. 2207.)

#### **Editorial Notes**

#### Amendments

2010—Par. (2). Pub. L. 111–203, §1496(b)(1)(A), substituted "have certified" for "have indicated in writing to the Secretary of Housing and Urban Development (hereinafter referred to as the 'Secretary') and to any agency or department of the Federal Government responsible for the regulation of the holder" and struck out "(such as the volume of delinquent loans in its portfolio)" after "circumstances" and ", except that such statement by the holder of the mortgage may be waived by the Secretary if in his judgment such waiver would further the purposes of this chapter" after "by this chapter".

Par. (4). Pub. L. 111–203, §1496(b)(1)(B), inserted "or medical conditions" after "adverse economic conditions".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective on the date on which final regulations implementing that amendment take effect, or on the date that is 18 months after the designated transfer date if such regulations have not been issued by that date, see section 1400(c) of Pub. L. 111–203, set out as a note under section 1601 of Title 15, Commerce and Trade.