alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 19,508.

#### Joseph N. Minissale, dba Minissale Realty Co. *v.*Sam Goldman, et al.

(363 P. [2d] 488)

Decided July 10, 1961.

Rehearing denied July 31, 1961.

Messrs. Zarlengo, Zarlengo and Seavy, Mr. Harry H. Ruston, for plaintiff in error.

Mr. Graham Susman, Mr. Hyman D. Landy, for defendants in error.

*In Department.*

Opinion by

Mr. Justice Moore.

Plaintiff in error, to whom we will refer as plaintiff, brought this action in the district court against defendants in error, hereinafter referred to as defendants or by name, in which he sought judgment for the amount of commission alleged to be due him on the sale of certain shoe stores and merchandise. Plaintiff suffered adverse *243judgment in a trial to the court and is here on writ of error directed to that judgment.

The complaint set forth two claims, one for a broker’s commission allegedly due on a deal which plaintiff alleges he was prevented from closing because of interference on the part of defendants. The second is grounded upon the assertion that defendants sold the property involved to one Sam Shames who was the customer and client of plaintiff, and that plaintiff was the efficient agent and procuring cause of the sale.

No good purpose would be served in detailing the somewhat involved chain of events disclosed by the record in the case. No evidence was presented tending to sustain the claim that plaintiff was prevented from making a sale because of interference on the part of defendants, and that claim was properly dismissed. No unusual or new proposition of law is involved in connection with the claim based upon the sale by defendants to Sam Shames. The legal principles applicable are well settled, and are succinctly stated in *Heady v. Tomlinson,*134 Colo. 33, 299 P. (2d) 120; *Hayutin v. DeAndrea,*139 Colo. 40, 337 P. (2d) 383; and *Dunklee v. Shepherd, et al.,*145 Colo. 197, 358 P. (2d) 25.

The trial court, in resolving the issues against the contentions of plaintiff, commented inter alia as follows:

> “The court finds that there is no contract of employment between the plaintiff and the defendant for the sale of this property at the time of the purchase by Shames. The contract which had existed between plaintiff and defendant had expired and the testimony of the plaintiff was that he considered the relationship as completely terminated and over with.

> “The court finds that the plaintiff was not the efficient agent or producing cause of the sale of this property by the defendant to Sam Shames or S. and S. Trading Company. The plaintiff has not established by a preponderance of the evidence that he is entitled to any *244commission as a broker - arising out of the sale of the property of the defendant, to Shames- or the S. and- S. Trading Company, whatever it is, that bought it.”

We have read the entire record and it is clear that the conclusions of the-trial court are fully supported by the evidence.

The judgment is affirmed.

Mr. Justice Sutton and Mr. Justice Frantz-concur.
### SUBCHAPTER IV—SCREW THREADS
#### § 1317.440 Health and insurance benefits and services.

Subject to § 1317.235(d), in providing a medical, hospital, accident, or life insurance benefit, service, policy, or plan to any of its students, a recipient shall not discriminate on the basis of sex, or provide such benefit, service, policy, or plan in a manner that would violate §§ 1317.500 through 1317.550 if it were provided to employees of the recipient. This section shall not prohibit a recipient from providing any benefit or service that may be used by a different proportion of students of one sex than of the other, including family planning services. However, any recipient that provides full coverage health service shall provide gynecological care.
Exhibit






Exhibit 10.26    


EMPIRE RESORTS, INC. 

2015 EQUITY INCENTIVE PLAN


Award Agreement


This Award Agreement evidences an Award of Stock Appreciation Rights pursuant to the provisions of the Empire Resorts, Inc. 2015 Equity Incentive Plan (the “Plan”) to the individual whose name appears below (the “Participant”), pursuant to the provisions of the Plan and on the following express terms and conditions (capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Plan):


1.    Name of Participant:     


		
	2.
	Number of Stock Appreciation Rights:       




		
	3.
	Date of Grant: 




		
	4.
	Strike Price:




		
	5.
	Risk of Forfeiture:




		
	6.
	Change of Control:  




		
	7.
	Settlement Terms:


 
The Participant hereby acknowledges receipt of a copy of the Plan as presently in effect.  The text and all of the terms and provisions of the Plan are incorporated herein by reference, and this grant of Restricted Stock is subject to these terms and provisions in all respects.  Upon lapse of the Risk of Forfeiture set forth above, the Participant shall remit to the Company an amount sufficient to satisfy the required withholding tax obligation of the Company that arises in connection with such lapse.


EMPIRE RESORTS, INC.                 




By:                                                                                   
      [NAME/TITLE]                Dated     


Agreed to and Accepted by:













 
[Name of Participant]                Dated
### §2074. Private remedies

#### (a) Liability at common law or under State statute not relieved by compliance

Compliance with consumer product safety rules or other rules or orders under this chapter shall not relieve any person from liability at common law or under State statutory law to any other person.

#### (b) Evidence of Commission's inaction inadmissible in actions relating to consumer products

The failure of the Commission to take any action or commence a proceeding with respect to the safety of a consumer product shall not be admissible in evidence in litigation at common law or under State statutory law relating to such consumer product.

#### (c) Public information

Subject to sections 2055(a)(2) and 2055(b) of this title but notwithstanding section 2055(a)(1) of this title, (1) any accident or investigation report made under this chapter by an officer or employee of the Commission shall be made available to the public in a manner which will not identify any injured person or any person treating him, without the consent of the person so identified, and (2) all reports on research projects, demonstration projects, and other related activities shall be public information.

(Pub. L. 92–573, §25, Oct. 27, 1972, 86 Stat. 1227.)

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

#### Effective Date

Section effective on the sixtieth day following Oct. 27, 1972, see section 34 of Pub. L. 92–573, set out as a note under section 2051 of this title.

#### Preemption

The provisions of this section establishing the extent to which the Consumer Product Safety Act [15 U.S.C. 2051 et seq.] preempts, limits, or otherwise affects any other Federal, State, or local law, any rule, procedure, or regulation, or any cause of action under State or local law not to be expanded or contracted in scope, or limited, modified or extended in application, by any rule or regulation under the Consumer Product Safety Act, or by reference in any preamble, statement of policy, executive branch statements, or other matter associated with the publication of any such rule or regulation, see section 231 of Pub. L. 110–314, set out as a note under section 2051 of this title.
Exhibit
      32.1


EAGLE
      BANCORP AND SUBSIDIARY


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 Eagle Bancorp (the "Company") on Form
      10-QSB for the quarter ended December 31, 2005 as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), we, Larry A. Dreyer,
      CEO,
      and Peter J. Johnson, CFO of the Company, certify, pursuant to 18 U.S.C. § 1350,
      as adopted pursuant to § 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)
      The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and result of operations of the Company.




/s/ Larry
              A.
              Dreyer
            
            
            /s/ Peter
              J.
              JohnsonLarry
              A. Dreyer
            
            
            Peter
              J. JohnsonTitle: President
              and CEOFebruary 9, 2006
            
            
            Title: Executive
                Vice President and CFO
              February 9, 2006




A
      signed
      original 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.





The
      foregoing certification is being furnished to the Securities and Exchange
      Commission and shall not be considered filed as part of the Report.
###### Editorial Note on Part 284

#### Editorial Note:

Nomenclature changes to part 284 appear at 65 FR 10222, Feb. 25, 2000.

#### § 284.283 Point of unbundling.

A sales service is unbundled when gas is sold at a point before it enters a mainline system, at an entry point to a mainline system from a production area, or at an intersection with another pipeline system.
#### § 381.501 Applicability.

The fees set forth in this subpart apply to filings submitted on or after November 4, 1985.

[Order 435, 50 FR 40358, Oct. 3, 1985]
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 Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Pub. L. 106-393) the Caribou-Targhee National Forests' Eastern Idaho Resource Advisory Committee will meet Friday, March 25, 2011 in Idaho Falls, Idaho for a business meeting. The meeting is open to the public.

# DATES:

The business meeting will be held on March 25, 2011, from 9 a.m. until finished.

# ADDRESSES:

The meeting location is the Caribou-Targhee National Forest Headquarters Office, 1405 Hollipark Drive, Idaho Falls, Idaho 83401.

# FOR FURTHER INFORMATION CONTACT:

Brent Larson, Caribou-Targhee National Forest Supervisor and Designated Federal Officer, at (208) 524-7500.

# SUPPLEMENTARY INFORMATION:

The business meeting on March 25, 2011, begins at 9 a.m., at the Caribou-Targhee National Forest Headquarters Office, 1405 Hollipark Drive, Idaho Falls, Idaho. Agenda topics will include approving projects for 2010-3rd year and 2011-4th year funding.

Dated: March 1, 2011.

Brent L. Larson,

Caribou-Targhee Forest Supervisor.

[FR Doc. 2011-5809 Filed 3-14-11; 8:45 am]

BILLING CODE 3410-11-M
### §9080. Direct appropriation

Notwithstanding any other provision of law, there is appropriated, out of amounts in the Treasury not otherwise appropriated, $32,000,000,000 to carry out this part.

(Pub. L. 116–136, div. A, title IV, §4120, Mar. 27, 2020, 134 Stat. 501.)
§ 1318.504 Private applicants. ( a ) When a private applicant, individual, or other non-Federal entity (“private entity”) proposes to undertake an action that will require TVA's approval or involvement, the contacted TVA entity will notify the NEPA compliance staff. That staff must determine, in consultation with TVA legal counsel, whether NEPA is triggered and the scope of the review of TVA's proposed action.
( b ) TVA compliance staff will provide the private entity information on its responsibilities for assisting TVA in conducting the necessary NEPA review. At TVA's discretion, this can include providing TVA detailed information about the scope and nature of the proposed action, environmental analyses and studies, and copies of associated environmental permit applications submitted to other Federal, State, or local agencies.
( c ) In identifying reasonable alternatives, TVA should consider the applicant's purpose and need, in addition to TVA's purpose and need.
( d ) A private entity may be allowed to prepare draft and final EAs for TVA's review and approval, but TVA remains responsible for the adequacy of the documents and the conduct of associated EA process.
( e ) A private entity normally will be required to reimburse TVA for its costs in reviewing the private entity's proposed action.
( f ) Participation of a private entity in a TVA NEPA review, including reimbursement of TVA's costs, does not commit TVA to favorable action on a request.
[Federal Register Volume 76, Number 49 (Monday, March 14, 2011)]
[Notices]
[Page 13676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5756]



[[Page 13676]]

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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-373 and 50-374; NRC-2011-0051]


Exelon Generation Company, LLC; Notice of Withdrawal of 
Application for Amendment to Facility Operating License; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Withdrawal; Correction.

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

SUMMARY: This document corrects a notice appearing in the Federal 
Register on March 4, 2011 (76 FR 12140), which informed the public that 
the NRC had granted Exelon's request to withdraw an application for 
amendment. This action is necessary to correct the description of the 
withdrawn amendment.

FOR FURTHER INFORMATION CONTACT: Eva A. Brown, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone (301) 415-2315, e-mail: <a href="/cdn-cgi/l/email-protection#115467703f53637e667f517f63723f767e67"><span class="__cf_email__" data-cfemail="4a0f3c2b640838253d240a243829642d253c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On page 12140, appearing near the bottom of 
the first column, the first sentence of the second paragraph of the 
Notice should read:
    The proposed amendment would revise Technical Specification 3.1.7, 
``Standby Liquid Control (SLC) System,'' to extend the completion time 
associated with Condition B from 8 hours to 72 hours.

    Dated in Rockville, Maryland, this 7th day of March 2011.

    For the Nuclear Regulatory Commission.
Eva A. Brown,
Senior Project Manager, Plant Licensing Branch III-2, Division of 
Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-5756 Filed 3-11-11; 8:45 am]
BILLING CODE 7590-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
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Exhibit 31.2


Certifications under Section 302 of the Sarbanes-Oxley Act of 2002








I, Raj Mehra, certify that:


|   |                                                                                                                                                                     
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K for the year ended December 31, 2016 of Middleburg Financial Corporation (this "Report"); and

|   |                                                                                                                                                                                                                                                                                                           
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|2. | Based on my knowledge, this Report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.







Date:March 31, 2017/s/ Raj MehraRaj MehraExecutive Vice President & Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          20,623
<SECURITIES>                                         0
<RECEIVABLES>                                4,595,436
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             4,616,059
<PP&E>                                      92,577,573
<DEPRECIATION>                            (34,462,776)
<TOTAL-ASSETS>                              63,362,463
<CURRENT-LIABILITIES>                        4,843,149
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       163,736
<OTHER-SE>                                   5,355,605
<TOTAL-LIABILITY-AND-EQUITY>                63,362,463
<SALES>                                     12,856,692
<TOTAL-REVENUES>                            12,856,692
<CGS>                                        4,655,601
<TOTAL-COSTS>                                9,783,080
<OTHER-EXPENSES>                             5,127,479
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,047,674
<INCOME-PRETAX>                                231,763
<INCOME-TAX>                                    81,117
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   150,646
<EPS-BASIC>                                       0.01
<EPS-DILUTED>                                     0.01


</TABLE>
#### § 385.1511 Collection of civil penalties (Rule 1511).

If any person fails to pay a civil penalty assessment, the Commission will seek to recover the amount of the penalty plus interest in any appropriate District Court of the United States. Interest will begin to accrue on the date the Commission issues a final order under Rule 1508 or the date on which the appropriate District Court enters final judgment in favor of the Commission under Rule 1509.

[Order 502, 53 FR 32039, Aug. 23, 1988]
#### § 701.101 Field committees.

The Council may establish or continue already established regional committees to carry out assigned functions at field level.
**Order of the Court (Eighth Chamber) of 22 June 2011 – Grúas Abril Asistencia v Commission**

**(Case C-521/10 P)**

Appeal – Article 119 of the Rules of Procedure – Alleged infringements of the provisions of European Union law on competition – Application seeking to require the Commission to initiate proceedings against a Member State for failure to fulfil obligations

1.                     *Appeals – Grounds – Plea challenging the General Court’s decision declaring the action inadmissible – Admissibility regardless
of the line of argument put forward before the General Court (Art. 230, fourth para., EC) (see para. 25)*

2.                     *Actions for annulment – Actionable measures – Commission’s refusal to bring infringement proceedings – Not included (Arts
226 EC and 230 EC) (see para. 29)*

**Re:**

| | | | | |
| --- | --- | --- | --- | --- |
| Appeal against the order of the General Court (Second Chamber) of 24 August 2010 in Case T-386/09 | Grúas Abril Asistencia | v | Commission | , by which that court dismissed an action seeking annulment of the Commission’s letter of 7 August 2009 informing the appellant that the facts in respect of which it had lodged a complaint with the Commission did not permit the conclusion that there had been an infringement of Articles 81 EC, 82 EC and 86 EC and that no action would be taken in respect of its complaint. |

**Operative part**

| | | |
| --- | --- | --- |
| 1. | | The appeal is dismissed. |

| | | |
| --- | --- | --- |
| 2. | | Grúas Abril Asistencia, SL is ordered to pay the costs. |
### §§81 to 134. Repealed. July 5, 1946, ch. 540, §46(a), 60 Stat. 444

| Title 15 Former Sections | Title 15 New Sections |
| --- | --- |
| 81 | 1051, 1054, 1126(b). |
| 82 | 1051, 1061. |
| 83 | 1126. |
| 84 | 1125(c), (d). |
| 85 | 1052. |
| 86 | 1062, 1063. |
| 87 | 1063, 1066 to 1068. |
| 88 | 1070. |
| 89 | 1071. |
| 90 | 1060. |
| 91 | 1057(a), (c). |
| 92 | 1058, 1059, 1126(f). |
| 93 | 1064, 1068, 1070. |
| 94 | 1113. |
| 95 | 1113. |
| 96 | 1057(b), 1114, 1115, 1117. |
| 97 | 1121. |
| 98 | 1122. |
| 99 | 1116, 1117. |
| 100 | 1116, 1118. |
| 101 | 1115. |
| 102 | 1071, 1119. |
| 103 | 1051 note. |
| 104 | 1120. |
| 105 | 1123. |
| 106 | 1124. |
| 107 | 1111. |
| 108 | 1127. |
| 109 | 1051 note. |
| 121 | 1051 note, 1091, 1126. |
| 122 | 1092. |
| 123 | 1125. |
| 124 | 1114, 1117. |
| 125 | 1111. |
| 126 | 1094, 1126(f). |
| 127 | 1057(e). |
| 128 | 1113. |
| 131 | 1112. |
| 132 | 1051 note. |
| 133 | 1057(f). |
| 134 | not now covered. |

Former Sections

New Sections

Sections were repealed effective one year from July 5, 1946, insofar as inconsistent with present trade-mark provisions contained in chapter 22, §1051 et seq. of this title. For effect of repeal on existing registrations and pending proceedings see notes under section 1051 of this title.

Sections 98 and 127 were rerepealed by act June 25, 1948, ch. 646, §39, 62 Stat. 992, eff. Sept. 1, 1948.

#### **Editorial Notes**

#### Derivation

Sections were derived from the following acts:

Feb. 20, 1905, ch. 592, §§1 to 23, 25–30, 33 Stat. 724 to 731.

May 4, 1906, ch. 2081, §§1 to 3, 34 Stat. 168, 169.

Mar. 2, 1907, ch. 2573, §§1, 2, 34 Stat. 1251, 1252.

Feb. 18, 1909, ch. 144, 35 Stat. 627, 628.

Feb. 18, 1911, ch. 113, 36 Stat. 918.

Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167.

Aug. 24, 1912, ch. 370, §5, 37 Stat. 498.

Jan. 8, 1913, ch. 7, 37 Stat. 649.

Mar. 19, 1920, ch. 104, §§1 to 9, 41 Stat. 533 to 535.

June 7, 1924, ch. 341, 43 Stat. 647.

Mar. 4, 1925, ch. 535, §§1, 3, 43 Stat. 1268, 1269.

Mar. 2, 1929, ch. 488, §2(b), 45 Stat. 1476.

Apr. 11, 1930, ch. 132, §4, 46 Stat. 155.

June 7, 1934, ch. 426, 48 Stat. 926.

June 20, 1936, ch. 617, 49 Stat. 1539.

June 25, 1936, ch. 804, 49 Stat. 1921.

June 10, 1938, ch. 332, §§1 to 3, 5, 52 Stat. 638, 639.