alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 76, Number 54 (Monday, March 21, 2011)]
[Notices]
[Page 15329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6578]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Drug Abuse; 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 
USC, as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable materials, 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 on Drug Abuse Special 
Emphasis Panel, R25 Summer Programs.
    Date: March 30, 2011.
    Time: 11 a.m. to 1 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Neuroscience Center, 6001 
Executive Boulevard, Rockville, MD 20852 (Telephone Conference 
Call).
    Contact Person: Gerald L. McLaughlin, PhD, Scientific Review 
Officer, Office of Extramural Affairs, National Institute on Drug 
Abuse, NIH, DHHS, Room 4238, MSC 9550, 6001 Executive Blvd., 
Bethesda, MD 20892-9550, 301-402-6626, <a href="/cdn-cgi/l/email-protection#8deae0bcb9b8eccde3e4e5a3eae2fb"><span class="__cf_email__" data-cfemail="d9beb4e8edecb899b7b0b1f7beb6af">[email protected]</span></a>.

    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos.: 93.279, Drug 
Abuse and Addiction Research Programs, National Institutes of 
Health, HHS)


    Dated: March 15, 2011.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 2011-6578 Filed 3-18-11; 8:45 am]
BILLING CODE 4140-01-P


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### §114. Removal, disturbance, destruction, or molestation of ruins

Any person or persons who may otherwise in any manner willfully remove, disturb, destroy, or molest any of the ruins, mounds, buildings, graves, relics, or other evidences of an ancient civilization or other property from said park shall be deemed guilty of a misdemeanor, and upon conviction before any court having jurisdiction of such offenses shall be fined not more than $1,000 or imprisoned not more than twelve months, or such person or persons may be fined and imprisoned, at the discretion of the judge, and shall be required to restore the property disturbed, if possible.

(June 29, 1906, ch. 3607, §4, 34 Stat. 617.)
### §30a. Existing laws as affected

This Act shall not be construed to repeal existing laws conferring upon the Secretary of the Interior and the Secretary of the Army certain powers with reference to the protection, improvement, and control of the said Yellowstone National Park.

(May 7, 1894, ch. 72, §10, 28 Stat. 75; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is act May 7, 1894, which is classified to sections 24 to 30a of this title. For complete classification of this Act to the Code, see Tables.

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

#### Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces' which in sections 3010 to 3013 continued military Department of the Army under administrative supervision of Secretary of the Army.
#### Sun Oil Company, Plaintiff-Appellee, *v.*Roger Knickerbocker, d/b/a New Gallatin Coal Company, Defendant-Appellant.

(No. 11326;

Fourth District

September 10, 1971.

Dowell & Dowell, of Mt. Vernon, (N. Y. Dowell, of counsel,) for appellant.

Mr. JUSTICE TRAPP

delivered the opinion of the court:

Defendant appeals from the order of a magistrate which denied his petition for permanent stay of execution of an order finding contempt and sentencing defendant to jail for failure to comply with an order to pay installments of money upon a judgment.

The record shows that prior to the above order the defendant was adjudicated a bankrupt and discharged in bankruptcy.

*253Plaintiff neither filed a brief nor appeared upon the appeal. The order of the magistrate is reversed within the rule stated in the *City of Kankakee v. Young,*122 Ill.App.2d 304, 258 N.E.2d 580 and *Rotter v. Rotter,*119 Ill.App.2d 231; 255 N.E.2d 479.

Judgment reversed.

SMITH, P. J. and CRAVEN, J. concur.
No. 20,186.

#### Transport Clearings of Colorado, Inc., *v.*R. F. Linstedt.

(376 P. [2d] 518)

Decided December 3, 1962.

Rehearing denied December 17, 1962.

Mr. Kenneth A. Selby, for plaintiff in error.

Mr. Willard S. Snyder, for defendant in error.

*En Banc.*

Mr. Chief Justice Day

delivered the opinion of the Court.

De minimis non curat lex. This is an $18.00 tempest over a tea cart. Plaintiff in error — a collection agency— sued as assignee of a motor carrier to collect a freight bill in the above amount for delivery of the cart. The article was admittedly damaged by the carrier, and it cost the defendant $25.00 to repair it. He set up in his *167answer a “counterclaim” in that amount against the collection agency. The court allowed the damage claim up to $18.00 as a set-off against the freight bill and dismissed the action. It is to that judgment that this writ of error is directed.

Plaintiff in error claims that since the pleadings of defendant denominated his defense as a “counter-claim” it could not be asserted against the collection agency, therefore defendant must pursue his remedy against the trucking company direct. The claimed error is that the court converted a *counterclaim*into a *set-off*contrary to the pleadings.

The court was correct. Black’s Law Dictionary, Third Edition, defines counterclaim as:

> “A claim presented by a defendant in opposition to or deduction from the claim of the plaintiff. A species of set-off or recoupment introduced by the codes of civil procedure in many of' the states, of a broad and liberal character.”

Rule 8 (c) R.C.P. Colo, also takes care of the situation in the following language:

> “* * * When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.”

As to the propriety of a court allowing damages to a consignee as against the freight bill see *Chicago & N.W. Ry. Co. v. Lindell,*281 U. S. 14, 50 Sup. Ct. 200, 74 L. Ed. 670.

The judgment is affirmed.
#### § 345.83 Job safety training.

FPI provides inmates with regular job safety training which is developed and scheduled in coordination with the institution Safety Manager. Participation in the training shall be documented in a safety training record signed by the inmate.
### §§1032 to 1035. Repealed. Pub. L. 102–567, title VIII, §814, Oct. 29, 1992, 106 Stat. 4316, and Pub. L. 102–587, title VIII, §8014, Nov. 4, 1992, 106 Stat. 5106

Section 1032, acts Aug. 12, 1954, ch. 669, §12, formerly §13, 68 Stat. 701; Oct. 9, 1972, Pub. L. 92–471, title I, §§107(c), 108(d), 86 Stat. 786, 787; renumbered §12 and amended July 28, 1978, Pub. L. 95–326, §1(9), (10), 92 Stat. 404, related to funding requirements.

Section 1033, act Aug. 12, 1954, ch. 669, §13, as added July 28, 1978, Pub. L. 95–326, §1(12), 92 Stat. 404, related to registration permits for Canadian or Japanese fishing vessels in fishery conservation zone.

Section 1034, act Aug. 12, 1954, ch. 669, §14, as added July 28, 1978, Pub. L. 95–326, §1(12), 92 Stat. 405; amended Oct. 30, 1978, Pub. L. 95–553, §1(2), 92 Stat. 2072; Dec. 29, 1982, Pub. L. 97–389, title II, §201, 96 Stat. 1949, related to protection of marine mammals.

Section 1035, act Aug. 12, 1954, ch. 669, §15, as added July 28, 1978, Pub. L. 95–326, §1(12), 92 Stat. 406, related to provisional administrative authorization.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT VITO PAUL CITO, DOC #R53635, ) ) Appellant, ) ) v. ) ) Case No. 2D17-2345 STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed April 20, 2018. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pasco County, Kim Campbell, Judge. Vito Paul Cito, pro se.

PER CURIAM.

Affirmed.

NORTHCUTT, SLEET, and SALARIO, JJ., Concur.
# C_2011269EN.01003901.xml

| 10.9.2011 | EN | Official Journal of the European Union | C 269/39 |
| --- | --- | --- | --- |

10.9.2011

EN

Official Journal of the European Union

C 269/39

---

Order of the President of the Court of 15 June 2011 — European Commission v Republic of Poland

(Case C-20/11) (1)

1

2011/C 269/82

Language of the case: Polish

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 80, 12.3.2011.

1

---
<PAGE>

                                                                      EXHIBIT 23

                         INDEPENDENT AUDITORS' CONSENT

     The Stockholders and Board of Directors of The Gillette Company

     We consent to incorporation by reference in the following registration
statements of The Gillette Company and any amendments thereto (1) No. 333-59420
on Form S-8, (2) No. 333-63850 on Form S-8, (3) No. 333-55790 on Form S-8, (4)
No. 333-75517 on Form S-3, (5) No. 33-9495 on Form S-8, (6) No. 2-93230 on Form
S-8, (7) Nos. 33-56218 and 33-27916 on Form S-8 which incorporate by reference
therein registration statements on Form S-8 Nos. 2-90276, 2-63951 and 1-50710
and No. 2-41016 on Form S-7, (8) No. 33-54974 on Form S-3, (9) No. 33-50303 on
Form S-3, (10) No. 33-52465 on Form S-8, (11) No. 33-53257 on Form S-8, (12) No.
33-53258 on Form S-8, (13) No. 33-55051 on Form S-3, (14) No. 33-59125 on Form
S-8, (15) No. 33-63707 on Form S-8, (16) No. 333-16735 on Form S-4, (17) No.
333-19133 on Form S-8, (18), No. 333-25533 on Form S-8 and (19) No. 333-44257 on
Form S-3 of our report dated February 11, 2002, relating to the consolidated
balance sheet of The Gillette Company and subsidiary companies as of December
31, 2001 and 2000, and the consolidated statements of income, cash flows and
stockholders' equity for each of the years in the three-year period ended
December 31, 2001, which report is incorporated by reference in the December 31,
2001, Annual Report on Form 10-K of The Gillette Company.

KPMG LLP

Boston, Massachusetts
March 25, 2002
§ 1314.10 Additional provisions. ( a ) *Additional requirements.* In any case or any class of cases arising under the regulations in this part, TVA may require such additional evidence and a bond of indemnity, with or without surety, as may in the judgment of TVA be necessary for the protection of the interests of TVA.
( b ) *Notice of attachment for TVA Power Securities in Book-entry System.* The interest of a debtor in a Security Entitlement may be reached by a creditor only by legal process upon the Securities Intermediary with whom the debtor's securities account is maintained, except where a Security Entitlement is maintained in the name of a secured party, in which case the debtor's interest may be reached by legal process upon the secured party. The regulations in this part do not purport to establish whether a Reserve Bank is required to honor an order or other notice of attachment in any particular case or class of cases.
#### Angela Byrd, Appellant-Respondent, v Harry T. Graham, Respondent-Appellant, and Diana L. Yogar, Respondent.

[823 NYS2d 727]

Appeal and cross appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered November 23, 2005 in a personal injury action. The order, inter alia, granted the motion of defendant Harry T. Graham for summary judgment dismissing the complaint against him on the ground that plaintiff did not sustain a serious injury.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court. Present—Scudder, J.E, Martoche, Centra and Pine, JJ.
### §166. Exchange of timber for private holdings; valuations

For purposes of subdivision (1) of section 164 of this title the value of all patented lands within said park, including the timber thereon, offered for exchange, and the value of the timber on park lands, or on Government lands within the metes and bounds of the national forests within the State of Montana, proposed to be given in exchange for such patented lands, shall be ascertained in such manner as the Secretary of the Interior and the Secretary of Agriculture may jointly in their discretion direct, and all expenses incident to ascertaining such values shall be paid by the owners of said patented lands. Such owners shall, before any exchange is effective, furnish the Secretary of the Interior evidence satisfactory to him of title to the patented lands offered in exchange; and if the value of timber on park lands or on the Government lands in the national forests within the State of Montana exceeds the value of the patented lands deeded to the Government in exchange, such excess shall be paid to the Secretary of the Interior by the owners of the patented lands before any timber is removed, and shall be deposited and covered into the Treasury as miscellaneous receipts. The lands conveyed to the Government under this section and subdivision (1) of section 164 of this title shall become a part of the Glacier National Park.

(Mar. 3, 1917, ch. 164, §2, 39 Stat. 1122.)
### §1012a. Funding

In addition to any other funds made available by this chapter, of the funds of the Commodity Credit Corporation, the Secretary shall make available to carry out this chapter $50,000,000 for fiscal year 2019 and each fiscal year thereafter.

(Aug. 4, 1954, ch. 656, §15, as added Pub. L. 115–334, title II, §2401(c), Dec. 20, 2018, 132 Stat. 4570.)
Exhibit










EXHIBIT 10.43


SECOND AMENDMENT TO
THE PHOENIX COMPANIES, INC. 
EXECUTIVE SEVERANCE ALLOWANCE PLAN 
As Amended and Restated Effective September 1, 2009


The Phoenix Companies, Inc. Executive Severance Allowance Plan (the “Plan”), as amended and restated effective January 1, 2009, is further amended effective June 26, 2015 as follows:


1.    Section 2.08A (Domestic Partner definition) is deleted.


		
	2.
	Section 3.05 is amended to read in its entirety as follows:




		
	3.05
	Death:  If an Executive terminates employment and dies before having received the entire amount of benefits to which the Executive is entitled under this Plan, the balance of such benefits will be paid to (a) the Executive’s surviving spouse, (b) if there is no surviving spouse, the Executive’s children (including stepchildren and adopted children) per stirpes, or (c) if there is no surviving spouse and/or children per stirpes, the Executive’s estate.
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-41470

No. 98-41471

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

SABINO GRANDE-FLORES,

Defendant-Appellee.

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

Appeals from the United States District Court

for the Southern District of Texas

USDC No. B-98-CR-396-1

USDC No. B-98-CR-369-1

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

August 24, 1999

Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.

PER CURIAM:*

The Assistant Federal Public Defenders appointed to

represent Sabino Grande-Flores have filed a motion to withdraw

from representation of Grande and a brief as required by Anders

v. California, 386 U.S. 738 (1967). Grande has filed no response

to his attorneys’ motion and brief. Our independent review of

the brief and the record discloses no nonfrivolous issue. 

Accordingly, Grande’s court-appointed attorneys’ motion to

withdraw is GRANTED; the attorneys are excused from further 
No. 

-2-

responsibilities herein and the APPEAL IS DISMISSED.
§ 270.501 Publication of notice from jurisdictional agency. ( a ) Upon receipt of a notice of determination by a jurisdictional agency under § 270.204, the Commission will send an acknowledgment to the applicant and make the notice available through the Commission's website, *https://www.ferc.gov .*
( b ) The acknowledgment will contain the following: ( 1 ) The date on which the jurisdictional agency notice was received;
( 2 ) Certain information contained in FERC Form No. 121;
( 3 ) A statement that the application and a copy or description of other materials in the record on which such determination was made is available for inspection, except to the extent the material is treated as confidential under § 270.506, at the offices of the Commission; and
( 4 ) A statement that persons objecting to the final determination may, in accordance with this subpart, file a protest with the Commission within 20 days after the date that notice of receipt of a determination is issued by the Commission pursuant to this section.
[Order 616, 65 FR 45865, July 26, 2000, as amended by Order 899, 88 FR 74031, Oct. 30, 2023]
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                       4,397,281 
<SECURITIES>                                         0
<RECEIVABLES>                                1,829,644
<ALLOWANCES>                                         0
<INVENTORY>                                    218,502
<CURRENT-ASSETS>                             7,390,101
<PP&E>                                      21,974,067
<DEPRECIATION>                              17,463,909
<TOTAL-ASSETS>                              13,966,542
<CURRENT-LIABILITIES>                        1,019,058
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    339,407
<COMMON>                                     2,687,211
<OTHER-SE>                                   9,807,001
<TOTAL-LIABILITY-AND-EQUITY>                13,966,542
<SALES>                                     15,557,306
<TOTAL-REVENUES>                            15,974,357
<CGS>                                       12,966,870
<TOTAL-COSTS>                               15,219,655
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                754,702
<INCOME-TAX>                                   340,731
<INCOME-CONTINUING>                            413,971
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   413,971
<EPS-PRIMARY>                                      .01
<EPS-DILUTED>                                      .01
        

</TABLE>
Exhibit 10(p)

THE GILLETTE COMPANY SENIOR EXECUTIVE
FINANCIAL PLANNING PROGRAM
REVISED OCTOBER 2004

Eligibility
    
    Chairman/CEO of the Company and his/her direct reports who are generally treated as United States employees for employment and benefit purposes.Program Benefit
    
    Reimbursement by Company of financial counseling, estate planning, tax preparation, retirement and other related financial planning services for the participant and his/her spouse, domestic partner or dependent children.Available Providers
    
    Any qualified tax, financial, legal or similar firm selected by participant.Excluded Services
    
    Brokerage or other investment transaction fees; asset management fees; insurance premiums; services for individuals other than participant, his/her spouse or domestic partner and dependent children.Maximum Benefit
    
    During employment:  Chairman/CEO - $25,000/other participants - $11,000 of reimbursements received in any calendar year.Following retirement under a Company-sponsored retirement plan:  $6,000 of reimbursements received in any calendar year, over the participant's life.Tax Effects
    
    Program benefits received by participant will be includable in compensation.  Company will provide tax gross-up for Federal and State income taxes and FICA Medicare tax.Termination of Participation
    
    Last day of calendar year in which participant ceases to be an executive officer of the Company, unless participant qualifies for retirement benefits under this program.Program Amendment and Termination
    
    At discretion of the Company, by action of the Compensation Committee of the Board of Directors, without requirement of advance notice.Effective Date
    
    July 1, 2003 (for the Chairman/CEO of the Company and his/her direct reports in such positions on or after such date).
#### The People of the State of New York, Respondent, v. Herman Galler, Appellant.

Present — Close, P. J.,1 Hagarty, Carswell, Johnston and Adel, JJ. [See *post,*p. 733.]