alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Bryan *v.*Jones, admr.

Fish, C. J.

1. On the trial of an action brought by an administrator for the recovery of certain gold coin and other personalty, alleged to be in the possession of the defendant and to have been in the possession of the intestate at the time of his death, where there was evidence tending to show that the intestate, during his last illness and within a few days prior to his death, told the defendant, who had been nursing him during .such illness, that there was sufficient money in- intestate’s trunk, where he kept his gold, to pay all the expenses of his burial, and that the defendant could “have the balance,” and where there was evidence tending to show also that the defendant did not take possession of the gold until after the intestate’s death, it was not error for the court to instruct the jury as follows: “As to the gold in controversy, I charge you that the burden is on the defendant to show by proof not only that he had gotten possession of the gold, but that the deceased [the intestate] had actually given him the gold. Mere direction to use it after burying him [the intestate], and that he should have the balance, would not be a gift. There must be proof that [the intestate] himself delivered or turned over the gold to the defendant . . in some way, either actual or manual delivery, as I have explained to you, or some act upon his part which would show that he had parted with dominion over it, and transferred that dominion and control to” the defendant.

2. Failure of the court, in the absence of a request, to charge the jury “as to the effect of admissions coupled with explanatory or self-serving declarations” is not cause for a new trial. See *Scott*v. *State,*117 *Ga.*14 (43 S. E. 425) ; *Clark*v. *State,*117 *Ga.*254 (5), (43 S. E. 853) ; *Green*v. *State,*118 *Ga.*755 (45 S. E. 598) ; *Steed*v. *State,*123 *Ga.*569 (3), (51 S. E. 627) ; *Sasser*v. *State,*129 *Ga.*541 (8), (59 S. E. 255) ; *Mallary*v. *Moon,*130 *Ga.*591 (2), (62 S. E. 401) ; *Summerlin*v. *State,*130 *Ga.*791-796 (6), (61 S. E. 849) ; *Pierce*v. *State,*132 *Ga.*27 (2), (63 S. E. 792) ; *Scott*v. *State,*132 *Ga.*357 (2), (64 S. E. 272).

*49February 18, 1910.

Equitable petition. Before Judge Kimsey. Lumpkin superior court.

January 19, 1909.

*O. J. Lilly,*for plaintiff in error.

*H. H. Perry*and *B. II. Baker,*contra.

3. Nor was it cause for a new trial in this ease that the court omitted, in the absence of a request, to charge the jury as follows: “When a person is in possession of a personal chattel of another as agent of the owner, it is not essential to the validity of a gift of such chattel to sueli agent that he make manual delivery of such chattel back to the owner to be redelivered back to him.”

4. The instructions of the court to the jury as to the law of gifts applicable to the evidence in the case were full, explicit, and fair. The evidence authorized the verdict, and there was no error in refusing to grant a new trial. *Judgment affirmed.*

*All ihe Justices concur.*
§ 317.301 Required nutrition labeling of ground or chopped meat products. ( a ) Nutrition labels must be provided for all ground or chopped products (livestock species) and hamburger with or without added seasonings (including, but not limited to, ground beef, ground beef patties, ground sirloin, ground pork, and ground lamb) that are intended for human consumption and offered for sale, in accordance with the provisions of § 317.309, except as exempted under § 317.400.
( b ) [Reserved]
[75 FR 82165, Dec. 29, 2010]
#### § 40.3 Availability of Reliability Standards.

The Electric Reliability Organization must post on its Web site the currently effective Reliability Standards as approved and enforceable by the Commission. The effective date of the Reliability Standards must be included in the posting.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S 1997 INCOME STATEMENT AND BALANCE SHEET AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS FILED IN
ITEM 8 TO THE COMPANY'S 1997 FORM 10-K.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           1,137
<SECURITIES>                                    18,874
<RECEIVABLES>                                      332
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                46,225<F1>
<PP&E>                                           7,116
<DEPRECIATION>                                   2,211
<TOTAL-ASSETS>                                  53,876
<CURRENT-LIABILITIES>                            4,204
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            73
<OTHER-SE>                                      48,425
<TOTAL-LIABILITY-AND-EQUITY>                    53,876
<SALES>                                              0
<TOTAL-REVENUES>                                 2,584
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 6,138<F2>
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 153
<INCOME-PRETAX>                                (8,788)<F3>
<INCOME-TAX>                                   (4,170)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (4,618)
<EPS-PRIMARY>                                   (1.42)
<EPS-DILUTED>                                   (1.42)
<FN>
<F1>INCLUDES ASSETS HELD-FOR-SALE OF $24,362, NET OF ALLOWANCE FOR DECLINE IN
VALUE OF $1,500.
<F2>INCLUDES CO-OWNERSHIP PROGRAM OF $5,615, INCLUDING PROVISION FOR DECLINE
IN VALUE OF ASSETS HELD-FOR-SALE OF $1,500 AND DEPRECIATION OF $523.
<F3>INCLUDES EQUITY IN LOSS OF AFFILIATE OF $623.
</FN>


</TABLE>
§ 430.21 Protection of existing users. ( a ) Protected area permits issued under this regulation for new or expanded withdrawals of ground water shall include conditions to protect the owners of existing wells in accordance with the provisions of this section.
( b ) Any person, firm, corporation or other entity who commences a new or expanded withdrawal of ground water that is subject to the requirement of a protected area permit under this regulation shall provide mitigating measures if the withdrawal significantly affects or interferes with any existing well. Mitigation measures may consist of: ( 1 ) Providing an alternative water supply, of adequate quantity and quality, to the effected well owner(s);
( 2 ) Providing financial compensation to the affected well owner(s) sufficient to cover the costs of acquiring an alternative water supply of adequate quantity and quality; or
( 3 ) Such other measures as the Commission shall determine to be just and equitable under the circumstances present in the case of any individual application.
[46 FR 24, Jan. 2, 1981. Redesignated at 51 FR 25031, July 10, 1986]
exhibit_4-2.htm


    
      
         


      

      
         


        
          

        

      

      
         


      

    


    EXHIBIT
4.2

     

    


    AMENDMENT
NO. 1 to the NFINANSE INC.

    2007
OMNIBUS EQUITY COMPENSATION PLAN

    


    


    The first
sentence of Section 4(a) of the nFinanSe Inc. 2007 Omnibus Equity Compensation
Plan is hereby amended and restated in its entirety to read as
follows:

    


    “Subject
to adjustment as described below, the aggregate number of shares of Company
Stock that may be issued or transferred under the Plan is 3,300,000 shares, plus
a number of shares equal to the number of shares subject to outstanding grants
under the 2004 Plan as of the Effective Date.”
§ 1318.404 FEIS preparation and transmittal. ( a ) At the close of the DEIS public comment period, the NEPA compliance staff, in consultation with the initiating TVA entity and other interested TVA entities, will determine what is needed for the preparation of an FEIS.
( b ) If changes to the DEIS in response to comments are minor and confined to factual corrections or explanations of why the comments do not warrant additional TVA response, TVA may issue errata sheets instead of rewriting the DEIS. In such cases, only the comments, the responses (including explanations why the comments do not warrant changes to the DEIS), and the changes need be circulated. The entire document with a new cover sheet shall be filed as the FEIS (40 CFR 1506.9). If other more extensive changes are required, the NEPA compliance staff, in cooperation with other interested TVA entities, will prepare an FEIS utilizing an appropriate format (see 40 CFR 1502.10).
( c ) The FEIS should address all substantive comments on the DEIS that TVA receives before the close of the public comment period by responding specifically to the comments and/or by revising the text of the DEIS. Comments that are substantively similar should be summarized and addressed together.
( d ) After approval of the FEIS by the official responsible for NEPA compliance, the senior manager of the initiating TVA entity, and TVA legal counsel, the NEPA compliance staff will make the FEIS available to the public; other interested Federal, State, and local agencies; and other entities and individuals who have expressed an interest in the type of action or commented on the DEIS. The NEPA compliance staff will then file the FEIS with EPA for publication of its notice of availability in the Federal Register.
( e ) TVA will make the FEIS available on its public website and provide it by other means upon request.
#### § 701.60 Procedures for revision of rules and regulations.

Revisions proposed by the Water Resources Council Members to the Principles and Standards Manual of Procedures promulgated as rules and regulations by the Water Resources Council are to be submitted in writing by one or more Members of the Water Resouces Council to the Director, Water Resources Council, to be handled as an action item in accordance with § 701.53. Proposed revisons adopted by the Council in accordance with § 701.53 will be published in the Federal Register as proposed interim, or final changes. Proposed or interim changes shall be subject to a minimum 60-day public comment period; after the comment period, the Water Resources Council will publich notice that the revision is final as written or as changed to reflect comment or is revoked. Final changes will not be subject to a public comment period following publication in the Federal Register and will become effective when published or at specified date.

[44 FR 72584, Dec. 14, 1979]
#### § 808.10 Scope of subpart.

This subpart shall be applicable where there is reason to believe that a person may have violated any provision of the compact, or the Commission's rules, regulations, orders, approvals, docket conditions, or any other requirements of the Commission. The said person shall hereinafter be referred to as the alleged violator.
# C_2011080EN.01002101.xml

| 12.3.2011 | EN | Official Journal of the European Union | C 80/21 |
| --- | --- | --- | --- |

12.3.2011

EN

Official Journal of the European Union

C 80/21

---

Action brought on 27 December 2010 — Biodes v OHIM — Manasul International (BIESUL)

(Case T-597/10)

2011/C 80/40

Language in which the application was lodged: Spanish

Parties

Parties

Applicant: Biodes, SL (Madrid, Spain) (represented by: E. Manresa Medina, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Manasul International, SL (Ponferrada, Spain)

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

Form of order sought

| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in Case R 1519/2009-1; |
| --- | --- |

—

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 September 2010 in Case R 1519/2009-1;

| — | order the defendant and any interveners to pay all the costs of the proceedings. |
| --- | --- |

—

order the defendant and any interveners to pay all the costs of the proceedings.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Biodes, SL.

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark containing the word element ‘BIESUL’ for goods in Classes 5, 30 and 31.

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Manasul International, SL.

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: National figurative marks containing the word elements ‘MANASUL’ and ‘MANASUL ORO’ for goods in Classes 5, 30 and 31.

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition rejected.

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal upheld and mark applied for refused.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) and (5) of Regulation (EC) No 207/2009, (1) since there is no similarity between the marks at issue and the Board of Appeal failed to examine the proof of use of the earlier marks.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

1

---
EXHIBIT 32


                            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 on Form 10-K (the "Report") of
Advanced Nutraceuticals, Inc. (the "Company") for the year ended September 30,
2003, each of the undersigned Gregory Pusey, the President and Chief Executive
Officer of the Company, and Jeffrey G. McGonegal, the Senior Vice
President-Finance and Chief Financial Officer of the Company, hereby certifies
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of the undersigned's knowledge and
belief:

     (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 results of operations of the
Company.



Dated:  January 12, 2004            \S\ Gregory Pusey
                                   ---------------------------------------------
                                    Gregory Pusey, President and
                                    Chief Executive Officer


Dated:  January 12, 2004            \s\ Jeffrey G. McGonegal
                                   ---------------------------------------------
                                    Jeffrey G. McGonegal, Senior Vice President-
                                    Finance and Chief Financial Officer



                                    * * * * *


A signed original of the 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.

<PAGE>
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Enrolled Bill (ENR)]

        S.744

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Thursday,
           the third day of January, two thousand and nineteen

                                 An Act

 
  To amend section 175b of title 18, United States Code, to correct a 
                           scrivener's error.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Effective Prosecution of Possession 
of Biological Toxins and Agents Act of 2019''.
SEC. 2. PROHIBITION ON THE POSSESSION OF BIOLOGICAL TOXINS AND AGENTS.
    Section 175b of title 18, United States Code, is amended--
        (1) in subsection (a)--
            (A) by striking ``(a)(1) No restricted'' and all that 
        follows through the end of paragraph (1) and inserting the 
        following:
    ``(a) Offense.--
        ``(1) In general.--It shall be unlawful for a restricted person 
    to--
            ``(A) ship, transport, or possess in or affecting 
        interstate or foreign commerce any biological agent or toxin 
        described in paragraph (2); or
            ``(B) receive any biological agent or toxin described in 
        paragraph (2) that has been shipped or transported in 
        interstate or foreign commerce.
        ``(2) Agents and toxins covered.--A biological agent or toxin 
    described in this paragraph is a biological agent or toxin that--
            ``(A) is listed as a non-overlap or overlap select 
        biological agent or toxin under part 73 of title 42, Code of 
        Federal Regulations, pursuant to section 351A of the Public 
        Health Service Act (42 U.S.C. 262a); and
            ``(B) is not excluded or exempted under part 73 of title 
        42, Code of Federal Regulations.''; and
            (B) by striking ``(2) Whoever'' and inserting ``(3) 
        Penalty.--Whoever'' and adjusting the margin accordingly; and
        (2) in subsection (d), in the matter preceding paragraph (1), 
    by inserting ``Definitions.--'' before ``In this section:''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
ACTIVITY: ALIGNING GOALS AND ACTIVITIES | 1

Activity: Aligning Goals and Activities

While it’s important for team members to be engaged in meaningful and 

rewarding activities, it’s also important for these activities to be aligned with 

the purpose and goals of the collaboration overall.

The activity presented below is designed to help teams assess the degree to which member 

activities align with current goals. Seeing that the two match up will to help ensure that 

members’ time is well spent and moving the team in the direction it needs to go.

MATERIALS NEEDED 

• Whiteboard or large easel pad paper

• Sticky pads

• Pens or markers

INSTRUCTIONS

1. On large easel pad paper, write the goals for your collaboration—one per piece of paper. 

2. Display the goals in front of the group so that everyone can see them. Hang an additional, 

blank page labeled “Miscellaneous.” 

3. Ask members of the group to write down all the activities they are currently working on, 

one activity per sticky note (e.g., preparing materials for the annual conference, revising 

a recruitment survey). Have members place each activity under the goal with which it is 

associated. Place activities without a clearly associated goal under “Miscellaneous.”

4. Once all activities have been placed, facilitate a discussion about the meaning of the 

activity. What does it reveal about the work of your collaboration? Consider questions 

such as the following: 

Keeping the Collaboration Healthy
ACTIVITY: ALIGNING GOALS AND ACTIVITIES | 2

o Are all our activities properly assigned (i.e., assigned to the appropriate goal)? Are 

certain activities serving multiple goals? 

o Are our activities and efforts equally distributed across our goals? Are we 

spending too much time on one goal and not enough on another? 

o Are there any activities we’re working on that aren’t associated with any of our 

goals (i.e., assigned to “Miscellaneous”)? If yes, are these activities contributing to 

a new goal that we have not yet identified? Or are these activities we may want 

to discontinue because they are not helping us reach our goals or are taking time 

away from more productive efforts? 

SPTAC@edc.org | samhsa.gov/SPTAC
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549





FORM 8-K





CURRENT REPORT


Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934





Date of Report (Date of earliest event reported) March 15, 2011





Progenics Pharmaceuticals, Inc.


(Exact name of registrant as specified in its charter)





Delaware

000-23143

13-3379479(State or other jurisdiction

of incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)777 Old Saw Mill River Road, Tarrytown, New York

10591(Address of principal executive offices)

(Zip Code)Registrant's telephone number, including area code (914) 789-2800





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (seeGeneral Instruction A.2.):








oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)





oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)




oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))




oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))











Item 2.02.                      Results of Operations and Financial Condition.




Progenics Pharmaceuticals, Inc. (Nasdaq: PGNX) today announced its operational results for the quarter and year ended December 31, 2010.  A copy of its press release is included in this Report as Exhibit 99.1.






The information furnished pursuant to this Item 2.02 shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934 or otherwise subject to the liabilities of that Section, unless we specifically incorporate it by reference in a document filed under the Exchange Act or the Securities Act of 1933. We undertake no duty or obligation to publicly update or revise the information so furnished.




Item 9.01.                      Financial Statements and Exhibits.





(d) Exhibits





Exhibit No.                      Description





99.1                       Press Release dated March 15, 2011.








SIGNATURES








Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.








PROGENICS PHARMACEUTICALS, INC.


By:/s/ ROBERT A. MCKINNEY


Robert A. McKinney


Chief Financial Officer, Senior Vice President,


Finance & Operations and Treasurer











Date: March 15, 2011