alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Crane and others, appellants, and The Homeopathic Mutual Life Insurance Company, respondents.

A plea or answer setting up usury as a defence, must state specifically the facts of the bargain.

Appeal from decree in accordance with the opinion of the Vice-Chancellor, reported in 10 *C. E. Green*418.

*Mr. W. J. Magie,*for appellants.

*Mr. W. H.*Arnoux, for respondents.

The opinion of the court was delivered by

The Chief Justice.

In this case I have not found it necessary to consider the merits of the matter in controversy. The answer is radically defective, so that the defence, which is usury, cannot be presented to the court under it. Nor is it necessary to discuss this question of pleading, for the subject is *res adjudicata*in this state. In the cases of *The New Jersey Patent Tanning Co.*v. *Turner, 1 McCarter*326, and *Taylor*v. *Morris, 7 C. E. Green*606, the latter decision being made by this court, the doctrine was conclusively settled that a plea or answer setting up the defence of usury, must state specifically the facts of the bargain. It is not possible to hold that this has been done in the present record. The defendants’ averment here is, that it was agreed that the complainants should reserve and take, foiy the sum of $11,000, loaned for one year, the sum of $1004.69 as a bonus, in addition to lawful interest. But the proof is that this was not the bargain, but that for the sum so withheld, there was given to the complainant a policy on the life of his son. The agreement to give this policy was a part of the bargain, and, therefore, by force of the established, rule, could not be omitted. To permit this, *485would be, very plainly, to abolish the rule. This was the view of the Vice-Chancellor, who heard the case in the Court of Chancery, and in that view I entirely concur.' The decree should be affirmed, with costs.

Decree unanimously affirmed.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-19-0000870

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

NOE RAQUINIO, Plaintiff-Appellant, 

v.

COUNTY OF HAWAI#I; HAWAI#I POLICE DEPARTMENT; JEREMY LEWIS; 

EDWARD LEWIS; MARCO SEGOBIA; KYLE HIRAYAMA; SEAN SMITH; 

MICHAEL HARDIE; FRANK MILLER, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(CASE NO. 3CC19100099K)

ORDER

(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon review of the Motion for Reconsideration filed by

Noe Raquinio on April 16, 2024, the papers in support, and the

record, it appears that:

1. Raquinio moves for reconsideration of our Summary

Disposition Order filed on April 12, 2024; and

2. The motion presents no point of law or fact we

overlooked or misapprehended. See Rule 40(b), Hawai#i Rules of

Appellate Procedure.

Electronically Filed

Intermediate Court of Appeals

CAAP-19-0000870

18-APR-2024

08:00 AM

Dkt. 127 ODMR
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Motion for

Reconsideration is denied.

DATED: Honolulu, Hawai#i, April 18, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge

2
§ 210.55 Content of service copies. ( a ) Any purported confidential business information that is deleted from the nonconfidential service copies of the complaint and motion for temporary relief must satisfy the requirements of § 201.6(a) of this chapter (which defines confidential information for purposes of Commission proceedings). For attachments to the complaint or motion that are confidential in their entirety, the complainant must provide a nonconfidential summary of what each attachment contains. Despite the redaction of confidential material from the complaint and motion for temporary relief, the nonconfidential service copies must contain enough factual information about each element of the violation alleged in the complaint and the motion to enable each proposed respondent to comprehend the allegations against it.
( b ) If the Commission determines that the complaint, motion for temporary relief, or any exhibits or attachments thereto contain excessive designations of confidentiality that are not warranted under § 201.6(a) of this chapter, the Commission may require the complainant to file and serve new non-confidential versions of the aforesaid submissions in accordance with § 210.54 and may determine that the 35-day period under § 210.58 for deciding whether to institute an investigation and to provisionally accept the motion for temporary relief for further processing shall begin to run anew from the date the new non-confidential versions are filed with the Commission and served on the proposed respondents in accordance with § 210.54.
[59 FR 39039, Aug. 1, 1994, as amended at 73 FR 38326, July 7, 2008]
<PAGE>
                                                                    EXHIBIT 10.3

                                 NOTE ASSIGNMENT

            For Value Received, Robert Spiegel (hereinafter called the
"Assignor") does hereby sell, assign, transfer and convey unto Gunther Partners,
LLC, a Delaware limited liability company (hereinafter called the "Assignee"),
its successors and assigns all right, title and interest of Assignor to and
under that certain Promissory Note, dated December 31, 2002, in the original
principal amount of $1,100,000 (the "Note"), made by Gunther International Ltd.
("Maker") and payable to the order of Assignor (the original copy of which is
being delivered to Assignee herewith).

            By executing this Note Assignment, Maker hereby consents to the
assignment of the Note and agrees to make any and all future payments to the
Assignee, its successors and assigns.

      The parties hereto acknowledge and agree that, as of the date hereof, the
outstanding principal amount of the Note is $1,100,000, and all interest accrued
through the date hereof will be paid to the Assignor.

      In Witness Whereof, the parties have caused this Note Assignment to be
executed on their behalf as of the 31st day of January 2003.

                                    ASSIGNOR

                                    /s/ Robert Spiegel
                                    -------------------------------------------
                                    Robert Spiegel

                                    ASSIGNEE

                                    Gunther Partners, LLC

                                    By:   /s/ Thomas J. Tisch
                                          -------------------------------------
                                          Name:  Thomas J. Tisch
                                          Title: Manager

                                    MAKER

                                    Gunther International Ltd.

                                    By:   /s/ Marc I. Perkins
                                          -------------------------------------
                                          Name:  Marc I. Perkins
                                          Title: Chief Executive Officer
NRC NEWS

 UNITED STATES NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-03-010 March 19, 2003

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

 

NRC TO MEET WITH PROGRESS ENERGY OFFICIALS TO DISCUSS SAFETY

PERFORMANCE AT HARRIS NUCLEAR POWER PLANT

The U.S. Nuclear Regulatory Commission staff will meet with Progress Energy officials on

Tuesday, March 25, to discuss the results of NRC’s annual assessment of safety performance at the

Shearon Harris nuclear power plant southwest of Raleigh, North Carolina.

The meeting will be held at 1:00 p.m. in the Harris Energy and Environmental Center Board

Room, 3932 New Hill-Holleman Road near the plant. The public is invited to observe the meeting,

and NRC officials will be available before the conclusion of the meeting to answer any questions.

A letter from the NRC to Progress Energy addresses plant safety performance during the

previous year and forms the basis for the meeting discussions. The letter states that, overall, Harris

operated in a manner that preserved public health and safety and that the plant fully met all objectives.

The letter, which is available from Region II Public Affairs and on the NRC web site at

www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/har_2002q4.pdf , says the NRC staff is

considering some unresolved items identified during NRC fire protection inspections. If the NRC

determines that any of these items are greater than very low safety significance, additional inspections

in the fire protection area may be conducted. The letter also mentions two inspections planned for the

coming year beyond the baseline, or routine, NRC inspections. Those inspections involve a review of

the plant’s implementation of measures required by an NRC Security Order, dated February 25, 2002,

and a review of the plant staff’s activities in response to an NRC Bulletin on reactor vessel heads and

vessel head penetrations.

Current performance indicators for the Harris plant are available at 

www.nrc.gov/NRR/OVERSIGHT/ASSESS/HAR1/har1_chart.html

###
###### Editorial Note on Part 356

#### Editorial Note:

Nomenclature changes to part 356 appear at 78 FR 62418, Oct. 22, 2013.

#### § 356.24 Proceeding without a hearing.

If no party has requested a hearing, the Deputy Under Secretary, within 40 days after the date of service of a charging letter, will submit for inclusion into the record and provide each charged or affected party information supporting the allegations in the charging letter. Each charged or affected party has the right to file a written response to the information and supporting documentation within 30 days after the date of service of the information provided by the Deputy Under Secretary unless the Deputy Under Secretary alters the time period for good cause. The Deputy Under Secretary may allow the parties to submit further information and argument.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov Web Site: http://www.nrc.gov/OPA

No. 04-011 January 23, 2004

 NRC MAKES LICENSE RENEWAL APPLICATION AVAILABLE 

 FOR THE MILLSTONE NUCLEAR POWER PLANT

The Nuclear Regulatory Commission is making available to the public copies of an application

for a 20-year renewal of the operating licenses for Units 2 and 3 at the Millstone nuclear power plant. 

Dominion Nuclear Connecticut, Inc. submitted the application on January 22.

The Millstone plant is located in Waterford, Connecticut, and the current operating licenses for

Units 2 and 3 expire on July 31, 2015, and November 25, 2025, respectively.

A copy of the application is available on the NRC web site at this address:

http://www.nrc.gov/reactors/operating/licensing/renewal/applications/millstone.html .

In addition, copies of the license renewal application will be available at the Waterford Public

Library at 49 Rope Ferry Road, Waterford, and at Three Rivers Community College, Thames River

Campus, 574 New London Turnpike, Norwich, Connecticut.

The NRC staff is currently reviewing the application to determine whether it contains enough

information to begin the required formal review. If the application has sufficient information, the NRC

will formally “docket,” or file, the application and will announce an opportunity to request a hearing. 

###
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 Transportation

###### Office of the Secretary 

                    The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation's Procedural Regulations (                    *See*14 CFR 301.201*et seq.*). The due date for Answers, Conforming Applications, or Motions to Modify  Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings.                 

*Docket Number:*                     OST-2004-19368.                 

*Date Filed:*                     October 12, 2004.                 

*Due Date for Answers, Conforming Applications, or Motion to Modify Scope:*                     November 2, 2004.                 

*Description:*                     Application of Arctic Circle Air Service, Inc., requesting the transfer and subsequent surrender of a purchased certificate of public convenience and necessity authorizing interstate scheduled air transportation pursuant to section 41102 of Title 49 of the United States Code.                 

*Docket Number:*                     OST-2004-19398.                 

*Date Filed:*                     October 13, 2004.                 

*Due Date for Answers, Conforming Applications, or Motion to Modify Scope:*                     November 3, 2004.                 

*Description:*                     Application of Tradewinds Airlines, Inc., requesting a certificate of public convenience and necessity authorizing it to engage in scheduled foreign air transportation of property and mail to and from the countries that have concluded Open Skies Air Services Agreements with the United States.                 

Andrea M. Jenkins, 

Program Manager, Docket Operations, Federal Register Liaison. 

[FR Doc. 04-24059 Filed 10-26-04; 8:45 am] 

BILLING CODE 4910-62-P
### §4e. Omitted

#### **Editorial Notes**

#### Codification

Section, act May 15, 1936, ch. 397, §3, 49 Stat. 1275, appropriated $100,000 for carrying out provisions of sections 4c and 4d of this title to be expended during certain fiscal years, the last ending June 30, 1939.
[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Rules and Regulations]
[Page 63062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24265]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR 71

[Docket No. FAA-2004-19325; Airspace Docket No. 04-ACE-54]


Modification of Class E Airspace; Dodge City, KS

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments; correction.

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

SUMMARY: This action corrects a direct final rule; request for comments 
that was published in the Federal Register on Tuesday, October 19, 
2004, (69 FR 61439) [FR Doc. 04-23387]. It corrects an error in the 
legal description of the Class E airspace area extending upward from 
700 feet above the surface at Dodge City, KS.

DATES: This direct final rule is effective on 0901 UTC, January 20, 
2005.

FOR FURTHER INFORMATION CONTACT: Kathy Randolph, Air Traffic Division, 
Airspace Branch, ACE-520C, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone 
(816) 329-2525.

SUPPLEMENTARY INFORMATION:

History

    Federal Register Document 04-23387, published on Tuesday, October 
19, 2004, (69 FR 61439) modified the Class E airspace area designated 
as a surface area and the Class E airspace area extending upward from 
700 feet above the surface at Dodge City, KS. The modification 
corrected discrepancies in the Dodge City Regional Airport airport 
reference point used in the legal descriptions, corrected the airspace 
dimensions to protect for diverse departures, established an extension 
to the airspace area extending upward from 700 feet above the surface 
and brought the legal descriptions of the Dodge City, KS Class E 
airspace areas into compliance with FAA Orders 7400.2E, Procedures for 
Handling Airspace Matters, and 8260.19C, Flight Procedures and 
Airspace. However, there was a typographical error in the legal 
description for the Class E airspace area extending upward from 700 
feet above the surface.


0
Accordingly, pursuant to the authority delegated to me, the legal 
description of the Class E airspace area extending upward from 700 feet 
above the surface at Dodge City, KS, as published in the Federal 
Register on Tuesday, October 19, 2004, (69 FR 61439) [FR Doc. 04-23387] 
is corrected as follows:

PART 71--[CORRECTED]


Sec.  71.1  [Corrected]

0
On page 61440, Column 2, fourth paragraph, third line from the bottom, 
change ``6.8'' to read ``6.7''.

    Issued in Kansas City, MO on October 19, 2004.
Paul J. Sheridan,
Area Director, Western Flight Services Operations.
[FR Doc. 04-24265 Filed 10-28-04; 8:45 am]
BILLING CODE 4910-13-M
### §288a. Senate Joint Leadership Group

#### (a) Accountability of Office

The Office shall be directly accountable to the Joint Leadership Group in the performance of the duties of the Office.

#### (b) Membership

For purposes of this chapter, the Joint Leadership Group shall consist of the following Members:

(1) The President pro tempore (or if he so designates, the Deputy President pro tempore) of the Senate.

(2) The majority and minority leaders of the Senate.

(3) The Chairman and ranking minority Member of the Committee on the Judiciary of the Senate.

(4) The Chairman and ranking minority Member of the committee of the Senate which has jurisdiction over the contingent fund of the Senate.

#### (c) Assistance of Secretary of Senate

The Joint Leadership Group shall be assisted in the performance of its duties by the Secretary of the Senate.

(Pub. L. 95–521, title VII, §702, Oct. 26, 1978, 92 Stat. 1877.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (b), was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.

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

#### Effective Date

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
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Exhibit 4(k)  



	PROTECTIVE LIFE INSURANCE COMPANY	 	P. O. BOX 2606	 	BIRMINGHAM, ALABAMA    35202-2606
	





 
 

ANNUITIZATION BONUS ENDORSEMENT    
    


We
are amending the Contract to which this endorsement is attached by adding the following provision: 



Annuitization Bonus—If the Annuity Commencement Date is on or after the {Nth} Contract Anniversary, and if you select Annuity
Option B with a certain period of not less than {X} years, we will add an annuitization bonus to the amount we apply to the Annuity Option. The annuitization bonus will equal {Z%} of the Contract
Value to be applied to the Annuity Option and will be calculated as of the Valuation Period that contains the Annuity Commencement Date. 




Signed
for the company and made a part of the contract as of the Effective date. 


PROTECTIVE
LIFE INSURANCE COMPANY 



	

/s/ DEBORAH J. LONG
 Deborah J. Long
 Secretary	
 	

 




1









QuickLinks


ANNUITIZATION BONUS ENDORSEMENT
**Exhibit 32.1**

**Certification of CEO**

**Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

**(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)**

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United StatesCode), the undersigned officer of Gateway, Inc., a Delaware corporation (“Gateway”), does hereby certify that: 

a)The Quarterly Report on Form 10-Q for the quarter ended March 31, 2006 (the “Form 10-Q”) of Gateway fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

b) The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operationsof Gateway. 

Dated: May 9, 2006
From: <gary.burke@adpholdings.com>

To: Julia MacAllister/AA/USEPA/US@EPA Cc: "'Burdett Hallett'" <burdett.hallett@adpholdings.com> Date: 02/13/2013 05:46 PM Subject: 2013 Renewable Fuel Standards for Renewable Fuel Standard program (RFS2): Notice of

Proposed Rulemaking [EPA - HQ - OAR - 2012 - 0546; FRL - 9678 - 8] RIN 2060 - AR43 Dear Ms. MacAllister: We are sending this email after reviewing the proposed rulemaking announced in the Federal Register. ADP Holdings response to the US
- EPA Renewable Fuel Standard program (RFS2) 45
- day public comment period. ADP is engaged in the development of hydrogen
- based supplemental fuel technologies that have the effect of off
- setting the nee d for carbon
- based fuels. As such these technologies are more environmentally friendly than even cellulosic biofuels. ADP fully supports the EPA ’ s rule to promote the manufacture and use of biofuels. 40 CFR Part 80 includes the regulation of fuels and fuel additives. Interpretation of supplementing a liquid fuel or bio fuel with gaseous H2 may be considered a fuel or additive, but in either case it would seem to be an important opportunity for the EPA to promote an energy technology that is a domestic, rene wable, and a source of zero
- carbon energy that can reduce the consumption of all liquid fuels, including biofuels by 5%
- 15%. The EPA could include in their rule making the ability to offset carbon
- based fuels and measure such offsets are G asoline
- G allon E quivalents (GGEs). Although economics are currently driving a move toward the rapidly adopt CNG/LNG to transportation and other liquid fuel applications; natural gas is a potent GHG (when leaked) and when combusted to form CO2 as a primary GHG. H2 on the o ther hand is only a secondary GHG when leaked and completely zero - carbon when combusted. ADP ’ s technology is ready for commercialization once appropriate EPA/CARB testing can be performed to verify the results. We would appreciate your recommendations for introducing this technology to the EPA, DOE and other interested government agencies. 

### Have a Great Day, Gary W Burke Sr. Consultant ADP Holdings 858 - 212 - 1630 (p)