alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The Bank of Stratford *v.*Westland Company, Inc., et al.

*John W. Gonlon,*in support of the motion.

Submitted May 15

decided June 4, 1974

The motion by the named defendant for a review of the order by the trial court terminating the stay of proceedings in the appeal from the Court of Common Pleas in Hartford County is granted and the relief sought therein is denied.
### §1366. Termination of payments for noncompliance with law or diversion of funds

Whenever the Secretary, after reasonable notice and opportunity for hearing to any designated agency or participating institution receiving funds under this chapter finds that—

(a) the agency or institution is not complying substantially with provisions of this chapter, with the regulations promulgated by the Secretary, or with the approved annual technical services program; or

(b) any funds paid to the agency or institution under the provisions of this chapter have been lost, misapplied, or otherwise diverted from the purposes for which they were paid or furnished—

the Secretary shall notify such agency or institution that no further payments will be made under the provisions of this chapter until he is satisfied that there is substantial compliance or the diversion has been corrected or, if compliance or correction is impossible, until such agency or institution repays or arranges for the repayment of Federal funds which have been diverted or improperly expended.

(Pub. L. 89–182, §16, Sept. 14, 1965, 79 Stat. 684.)
[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13430-13431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5456]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLCAD01000 L12200000.AL 0000]


Meeting of the California Desert District Advisory Council

SUMMARY: Notice is hereby given, in accordance with Public Laws 92-463 
and 94-579, that the California Desert District Advisory Council to the 
Bureau of Land Management, U.S. Department of the Interior, will meet 
in formal session on Saturday, March 26, 2011, from 8 a.m. to 5 p.m. at 
the Hilton Garden Inn, 12603 Mariposa Road, Victorville, CA 92395. 
There will be no field trip on Friday, March 25. On that date, the 
Council will hold an internal business meeting on administrative 
matters.
    Agenda topics for the Saturday meeting will include updates by 
Council members and reports from the BLM District Manager and five 
field office managers. In addition, the agenda may include updates on 
California Independent System Operator, the 29 Palms Marine Corps Air-
to-Ground Combat Center proposed expansion, abandoned mine lands, 
special recreation permits, and renewable energy. Final agenda items 
will be posted on the BLM California state Web site at http://www.blm.gov/ca/st/en/info/rac/dac.html.

SUPPLEMENTARY INFORMATION: All Desert District Advisory Council 
meetings are open to the public. Public comment for items not on the 
agenda will be scheduled at the beginning of the meeting Saturday 
morning. Time for public comment may be made available by the Council 
Chairman during the presentation of various agenda items, and is 
scheduled at the end of the meeting for topics not on the agenda.
    While the Saturday meeting is tentatively scheduled from 8 a.m. to 
5 p.m., the meeting could conclude prior to 5 p.m. should the Council 
conclude its presentations and discussions. Therefore, members of the 
public interested in a particular agenda item or discussion should 
schedule their arrival accordingly.
    Written comments may be filed in advance of the meeting for the

[[Page 13431]]

California Desert District Advisory Council, c/o Bureau of Land 
Management, External Affairs, 22835 Calle San Juan de Los Lagos, Moreno 
Valley, CA 92553. Written comments also are accepted at the time of the 
meeting and, if copies are provided to the recorder, will be 
incorporated into the minutes.

FOR FURTHER INFORMATION CONTACT: David Briery, BLM California Desert 
District External Affairs (951) 697-5220.

    Dated: March 2, 2011.
Jack L. Hamby,
Associate District Manager.
[FR Doc. 2011-5456 Filed 3-10-11; 8:45 am]
BILLING CODE 4310-40-P
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#### In the Matter of Robin Victoria P., a Child Alleged to be Permanently Neglected. Joy P.C.B., Appellant; Jewish Child Care Association, Respondent.

[824 NYS2d 81]

*293Order of disposition, Family Court, Bronx County (Sidney Gribetz, J.), entered on or about September 28, 2004, which, upon a finding of permanent neglect, terminated respondent mother’s parental rights to the subject child, and committed custody and guardianship of the child to petitioner agency and the Commissioner of Social Services of the City of New York for the purpose of adoption, unanimously modified, on the law, to delete the finding of permanent neglect and substitute therefor a finding of mental illness, and otherwise affirmed, without costs.

Petitioner met its burden of proving by clear and convincing evidence that respondent, by reason of mental illness, is presently and for the foreseeable future unable to provide proper and adequate care for her children *(see*Social Services Law § 384-b [4] [c]; *Matter of Hime Y.,*52 NY2d 242, 247 [1981]). The testimony of its expert was unequivocal that respondent was so disturbed in her behavior, feeling, thinking and judgment that, if her child were returned to her custody, she would be in danger of becoming a neglected child *(see*Social Services Law § 384-b [6] [a]). Respondent’s failure to recognize the connection between her drug abuse and her problems and the need for a change in her condition substantiates the expert’s conclusion that respondent’s condition was not likely to improve in the foreseeable future *(see Matter of Vera T.,*80 AD2d 511 [1981], *affd*55 NY2d 1028 [1982]).

It is apparent that despite the understanding of the parties and the hearing court that petitioner presented evidence to support its allegations of respondent’s mental illness, and the court’s finding that petitioner’s case had been proven, the fact-finding order mistakenly recited petitioner’s allegations that respondent permanently neglected the child. We therefore modify the order of disposition to reflect that the disposition is based upon a finding that the allegations of mental illness were proved by clear and convincing evidence *(see*CPLR 5019 [a]; *Shipkoski v Watch Case Factory Assoc.,*292 AD2d 589, 590 [2002]; *cf. Garrick Aug Assoc. Store Leasing v Scali,*278 AD2d 23 [2000]). Concur—Mazzarelli, J.E, Friedman, Sullivan, Catterson and Malone, JJ.
#### John Stapleton, Respondent, *v.*Mazie N. La Shelle, as Executrix, etc., of Kirke La Shelle, Deceased, Appellant.

(No. 2.)

First Department,

February 21, 1908.

See head note in *Simpleton*v. *La Shelle, No. 1 {ante,*p. 338).

Appeal by the defendant, Mazie N. La Shelle, as executrix, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of. New York on the 10th day of December, 1907, granting the plaintiff’s motion for the issuance of a commission to examine a witness without the State.

*Martin L. Stover,*for the appellant.

*Benno Loewy,*for the respondent.

Ingraham, J.:

This is an appeal from an order similar to the order in the case under the same title decided herewith., (124 App. Div. 333.) For the reasons stated in that opinion the order appealed from, is affirmed, without prejudice to an application by the defendant to the Speecial Term for leave; to issue á new commission to orally cross-examine the witness if it should appear after an examination of the testimony as taken in the commission returned that such cross-examination is necessary, with no costs of this appeal.

Patterson, P. J., Laugiilin, Clarke and Houghton, JJ., concurred,

Order affirmed, without prejudice to application, as indicated in opinion. Settle order on notice.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [LLOR-936000-14300000-ET0000; HAG-11-0188; WAOR-7964]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Public land order.

# SUMMARY:

This order extends the duration of the withdrawal created by Public Land Order No. 6833 for an additional 20-year period. The extension is necessary to continue to protect the unique natural and ecological research values of the United States Forest Service's Wolf Creek Research Natural Area.

# DATES:

*Effective Date:*                         March 21, 2011.                    

# FOR FURTHER INFORMATION CONTACT:

Charles R. Roy, Bureau of Land Management, Oregon/Washington State Office, 503-808-6189, or Gregory B. Graham, Okanogan-Wenatchee National Forest, 509-664-9262.

# SUPPLEMENTARY INFORMATION:

The purpose for which the withdrawal was first made requires this extension to continue the protection of the unique natural and ecological research values at the Wolf Creek Research Natural Area. The withdrawal extended by this order will expire on March 20, 2031, unless, as a result of a review conducted prior to the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1744(f), the Secretary determines that the withdrawal shall be further extended.

## Order

                    By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714,                     *it is ordered*                     as follows:                

Public Land Order No. 6833 (56 FR 11940 (1991)), which withdrew 142.90 acres of National Forest System land from location and entry under the United States mining laws (30 U.S.C. ch. 2) to protect the Wolf Creek Research Natural Area, is hereby extended for an additional 20-year period until March 20, 2031.

Authority:43 CFR 2310.4.

Dated: February 23, 2011.

Wilma A. Lewis,

Assistant Secretary—Land and Minerals Management.

[FR Doc. 2011-4869 Filed 3-3-11; 8:45 am]

BILLING CODE 4310-33-P
Pension Benefit Guaranty Corporation 

78-14 

June 30, 1978 

REFERENCE: 

 [*1] 4021(b)(7) Plans Covered. Foreign Plans 

OPINION: 

 This is in response to your request for a determination whether two pension plans of the * * *, are excluded from

coverage under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA) by virtue of Section

4021(b)(7) of ERISA. That section excludes from coverage a plan "which is established and maintained outside of the

United States primarily for the benefit of individuals substantially all of whom are nonresident aliens." 

Based on your letter of May 19, 1978 and upon several telephone conversations between * * * of the PBGC and *

* * of your office, I understand the following to be the relevant facts. * * * is a United States corporation with its

principal offices in New York, New York. The * * * is a division of * * * located in * * *, Canada. Employees of the

* * * participate in two qualified defined benefit retirement plans. All of the participants in these plans work and reside

in Canada. None of the participants in these plans is a United States citizen. The Retirement Plan for Salaried

Employees of the * * * is funded through a trust established with the * * *. Newfoundland. The * * * Retirement

Annuity Plan [*2] for hourly paid employees is funded through a group annuity contract issued by the * * * Insurance

Company of New York, New York. 

On the basis of the facts recited above, it appears that the plans are excluded from coverage under Title IV of ERISA

by § 4021(b)(7). 

Henry Rose 

General Counsel
### §1121a. Transferred

#### **Editorial Notes**

#### Codification

Section, act July 5, 1946, ch. 540, title VI, §39a, as added Oct. 12, 1982, Pub. L. 97–296, 96 Stat. 1316, which prohibited State and local requirements that registered trademarks be altered or displayed differently, was transferred to subsec. (b) of section 39 of act July 5, 1946, by section 131(b)(1) of Pub. L. 100–667 and is classified to section 1121(b) of this title.
# C_2006331EN.01004601.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/46 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 331/46

---

Judgment of the Civil Service Tribunal (Second Chamber) of 14 December 2006 — Caldarone v Commission

(Case F-74/05) (1)

1

(Officials - Appraisal - Career Development Report - 2003 appraisal procedure - Obligation to state reasons for report - Annulment of the report - Claim for damages)

(2006/C 331/102)

Language of the case: French

Parties

Applicant: Maurizio Caldarone (Brussels, Belgium) (represented by: S. Rodrigues and A. Jaume, lawyers)

Applicant:

Defendant: Commission of the European Communities (represented by: D. Martin and K. Herrmann, Agents)

Defendant:

Re:

Annulment of the applicant's Career Development Report for the 2003 appraisal procedure

Operative part of the judgment

The Tribunal:

| 1. | Annuls the decision adopting Mr Caldarone's Career Development Report for the period from 1 January to 21 August 2003; |
| --- | --- |

1.

Annuls the decision adopting Mr Caldarone's Career Development Report for the period from 1 January to 21 August 2003;

| 2. | Dismisses the remainder of the application; |
| --- | --- |

2.

Dismisses the remainder of the application;

| 3. | Orders the Commission of the European Communities to pay the costs. |
| --- | --- |

3.

Orders the Commission of the European Communities to pay the costs.

---

(1)  OJ C 229, 17.9.2005 (case initially registered before the Court of First Instance of the European Communities under number T-293/05 and transferred to the Civil Service Tribunal of the European Communities by order of 15.12.2005).

1

---
# C_2012006EN.01001603.xml

| 7.1.2012 | EN | Official Journal of the European Union | C 6/16 |
| --- | --- | --- | --- |

7.1.2012

EN

Official Journal of the European Union

C 6/16

---

Order of the General Court of 9 November 2011 — ClientEarth and Others v Commission

(Case T-120/10) (1)

1

(Access to documents of the institutions - Regulation (EC) No 1049/2001 - Implied refusal of access - Interest in bringing proceedings - Express decision adopted after the action was brought - Refusal to amend the form of order sought - No need to adjudicate)

2012/C 6/30

Language of the case: English

Parties

Parties

Applicants: ClientEarth (London, United Kingdom); European Federation for Transport and Environment (T&E) (Brussels, Belgium); European Environmental Bureau (EEB) (Brussels); BirdLife International (Brussels) (represented by: S. Hockman QC, and by P. Kirch, lawyer)

Applicants:

Defendant: European Commission (represented by: K. Herrmann and C. ten Dam, acting as Agents)

Defendant:

Re:

Re:

Application for annulment of the Commission decision of 9 February 2010 refusing access to certain documents relating to biofuels modelling

Operative part of the order

Operative part of the order

| 1. | There is no need to adjudicate on the action. |
| --- | --- |

1.

There is no need to adjudicate on the action.

| 2. | The European Commission shall bear its own costs and pay those incurred by ClientEarth, the European Federation for Transport and Environment (T&E), the European Environmental Bureau (EEB) and BirdLife International. |
| --- | --- |

2.

The European Commission shall bear its own costs and pay those incurred by ClientEarth, the European Federation for Transport and Environment (T&E), the European Environmental Bureau (EEB) and BirdLife International.

---

(1)  OJ C 134, 22.5.2010.

1

---
# C_2007096EN.01001401.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/14 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 96/14

---

Judgment of the Court (Second Chamber) of 19 April 2007 (reference for a preliminary ruling from the Diikitiko Protodikio Athinon — Greece) — Aikaterini Stamatelaki v NPDD Organismos Asfaliseos Eleftheron Epangelmation (OAEE)

(Case C-444/05) (1)

1

(Restrictions on the freedom to provide services - Reimbursement of the cost of treatment in private hospitals - Justification for, and proportionality of, the exclusion)

(2007/C 96/22)

Language of the case: Greek

Referring court

Diikitiko Protodikio Athinon

Parties to the main proceedings

Applicant: Aikaterini Stamatelaki

Applicant:

Defendant: NPDD Organismos Asfaliseos Eleftheron Epangelmation (OAEE)

Defendant:

Re:

Reference for a preliminary ruling — Diikitiko Protodikio Athinon — Interpretation of Articles 49 and 50 EC — Conditions governing the reimbursement of medical expenses incurred in another Member State — National legislation allowing medical expenses incurred in a private hospital in another Member State to be reimbursed only in the case of treatment of minors under the age of 14 whereas, when treatment takes place in a public hospital, the only condition imposed by the national legislation for reimbursement is that prior authorisation be obtained.

Operative part of the judgment

Article 49 EC precludes legislation of a Member State, such as that at issue in the main proceedings, which excludes all reimbursement by a national social security institution of the costs occasioned by treatment of persons insured with it in private hospitals in another Member State, except those relating to treatment provided to children under 14 years of age.

---

(1)  OJ C 60, 11.3.2006.

1

---
EXHIBIT 23.1





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





The Board of Directors and Stockholders
 of Black Diamond, Inc.:


We consent to the incorporation by reference in the registration statements (Nos. 333-42600, 333-42604, 333-127686 and 333-79565) on Form S-8 and (No. 333-171164) on Form S-3 of Black Diamond, Inc. of our report dated March 15, 2011, with respect to the consolidated balance sheets of Black Diamond, Inc. and subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of operations, stockholders' equity and comprehensive income (loss), and cash flows for each of the years in the three-year period ended December 31, 2010, which report appears in the December 31, 2010 annual report on Form 10-K of Black Diamond, Inc.





/s/ KPMG LLPSalt Lake City, UTMarch 15, 2011
#### § 354.60 Approval of official identification.

All labels intended for use on inspected and passed rabbit products which bear any official identification must be approved in accordance with part 412 of this chapter.

[88 FR 2811, Jan. 18, 2023]
# Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,

U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Organization Name

Name of Authorized Official

Signature	Date

 (LOBBYING CERTIFICATION)

 (LOBYCERT.DOC  (Telephone Version 3, 8/11))

# Certification for Loan Guarantees and Loan Insurance

The undersigned certifies, to the best of his or her knowledge and belief, that:

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Organization Name

Name of Authorized Official

Signature	Date