alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jack Lait et al., Respondents, v. Crown Publishers, Inc., Appellant.

Order on motion addressed to the first cause of action pleaded in the complaint unanimously modified in the following respects: (a) by requiring that paragraph 4 purporting to describe the obligation of the contract undertaken by defendant be made more definite and certain. There should be a plain and concise statement of what it is claimed defendant agreed to do to “ properly promote the sale ” and “ conduct a continuous and vigorous ” advertising campaign in respect of duration and manner of performance; (b) by requiring that paragraph 8 be made more definite and certain as to what agreement was violated by defendant by discontinuance of publication and promotion at the time alleged. What is meant by “thereafter” could be supplied, as far as a mere statement of a date is involved, by a bill of particulars; but how the discontinuance became a breach at that time is an integral part of the cause pleaded and there ought to be a plain statement of how a breach is claimed to have accrued at that time. The order is further modified by dismissing the fourth cause of action with permission to plead over. This purported cause of action pleads that defendant had an agreement with a third party from which the plaintiffs would have derived a benefit, if it had been carried out, but defendant “in violation of its duty as trustee” for plaintiffs released the third party. The terms of the purported trust which would have imposed a *1045duty on defendant not to have released the third party are not pleaded and the facts that are pleaded show neither a contractual nor a fiduciary obligation as trustee not to release such third party. As so modified, the order is affirmed. Settle order on notice. Present — Callahan, J. P., Breitel, Bastow. Botein and Bergan, JJ.
### §2307. Gifts, bequests, and devises of property; tax treatment

The Museum may solicit, and the Museum may accept, hold, administer, invest, and use gifts, bequests, and devises of property, both real and personal, and all revenues received or generated by the Museum to aid or facilitate the operation and maintenance of the memorial museum. Property may be accepted pursuant to this section, and the property and the proceeds thereof used as nearly as possible in accordance with the terms of the gift, bequest, or devise donating such property. Funds donated to and accepted by the Museum pursuant to this section or otherwise received or generated by the Museum are not to be regarded as appropriated funds and are not subject to any requirements or restrictions applicable to appropriated funds. For the purposes of Federal income, estate, and gift taxes, property accepted under this section shall be considered as a gift, bequest, or devise to the United States.

(Added Pub. L. 106–292, §1, Oct. 12, 2000, 114 Stat. 1033.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2307, Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1279, provided for administrative provisions, prior to the general amendment of this chapter by Pub. L. 106–292.
§ 842.204 Immediate voluntary retirement—basic age and service requirements. ( a ) An employee or Member who separates from service is entitled to an annuity— ( 1 ) Except as provided in paragraph (d) of this section, after attaining the minimum retirement age and completing 10 years of service; or
( 2 ) After becoming age 60 and completing 20 years of service; or
( 3 ) After becoming age 62 and completing 5 years of service.
( b ) ( 1 ) Except as provided in paragraph (b)(2) or (c) of this section, an annuity payable under paragraph (a) of this section commences on the first day of the month following separation.
( 2 ) An annuity payable under paragraph (a) of this section commences on the day after separation, if that separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected.
( c ) ( 1 ) An employee or Member entitled to an annuity under paragraph (a)(1) of this section may elect to postpone the commencing date of that annuity, provided the individual— ( i ) Has completed less than 30 years of service; and
( ii ) Is not entitled to an immediate annuity under any other provision of this subpart. An immediate annuity means an annuity that will begin within 31 days of separation.
( 2 ) A postponed commencing date may not precede the later of— ( i ) The first day of the month after the date of separation of the employee or Member; or
( ii ) The 31st day after the date of filing the election of a commencing date.
( 3 ) A postponed commencing date must be no later than the second day before the employee's 62nd birthday.
( 4 ) The election of a commencing date may be filed not more than 90 days before the commencing date elected by the employee or Member, and must be filed in a form prescribed by the Office of Personnel Management (OPM).
( 5 ) A written election that is not in the prescribed form, but which designates a specific commencing date, and otherwise conforms to the time limits in paragraphs (c)(2) through (c)(4) of this section, will be accepted as an informal election subject to ratification in the prescribed form.
( 6 ) The election of a commencing date becomes irrevocable on the date OPM authorizes the first annuity payment.
( d ) ( 1 ) If an employee or Member separates from service after attaining the minimum retirement age and completing 10 years of service, but is reemployed before filing an application for retirement based on that separation, the individual may not elect an annuity commencing date that precedes separation from the reemployment service.
( 2 ) In the case of an employee or Member who separates from service after attaining the minimum retirement age and completing 10 years of service, and is reemployed after filing an application for retirement based on that separation, that individual may not elect an annuity commencing date that precedes separation from the reemployment service if he or she is reemployed prior to a postponed commencing date elected under paragraph (c) of this section.
[51 FR 47197, Dec. 31, 1986, as amended at 56 FR 65418, Dec. 17, 1991]
EMPLOYER STATUS DETERMINATION

New Orleans Union Passenger Terminal

JUN 0 9 2004

This is the decision of the Railroad Retirement Board regarding the

continued status of the New Orleans Union Passenger Terminal (NOUPT)

as an employer under the Railroad Retirement Act (45 U.S.C. § 231, et

seq.) (RRA) and the Railroad Unemployment Insurance Act (45 U.S.C.

§ 351, et seep) (RU1A).

NOUPT was held to be an employer under the Acts effective April 16,

1954, (B.A. Number 4554). The Board was advised on April 26, 2004, by

Corporate Realty, Inc., who managed NOUPT, that the company ceased

operations on May 25, 2002. NOUPT last compensated an employee on

July 19, 2002, when its only employee retired.

Section 202.11 of the Board’s regulations provides that:

The employer status of any company or person shall

terminate whenever such company or person loses any of the

characteristics essential to the existence of an employer status.

Through its cessation of operations, NOUPT has lost the characteristics

essential to the existence of an employer status. Accordingly, the Board

holds that NOUPT ceased to be an employer under the Railroad

Retirement and Railroad Unemployment Insurance Acts effective with the

close of business on July 19, 2002. Cf. Rev Ruling 82-99, 1982-2 C.B. 154,

wherein the Internal Revenue Service ruled that a railroad ceases to be an

employer subject to taxes under the Railroad Retirement Tax Act when

the railroad’s employees stop performing services in connection with the

railroad’s carrier activities.

Michael S. Schwartz

BA#4554
#### Minnie Ruth, Respondent-Appellant, v. Mortimer A. Cronin et al., Appellants, and Jay B. Wicks, Respondent.

Present —■ Taylor, P. J., MeCurn, Love, Vaughan and Piper, JJ.
<PAGE>
                                                                    EXHIBIT 10.5



                                                January 12, 2004


Mr. John W. Bachmann
Managing Director
Edward Jones
12555 Manchester Road
St. Louis, MO 63131-3279

Dear John:

         This will confirm the following agreement relating to the deferral of
your director's fees in 2004.

         1. All director's fees and retainers ("Fees") payable to you in
connection with your service on the boards of directors (including committees of
such boards) of AMR Corporation and American Airlines, Inc. for the period
January 1, 2004 through December 31, 2004, will be deferred and paid to you in
accordance with this letter agreement.

         2. Fees will be converted to Stock Equivalent Units in accordance with
the Directors' Stock Equivalent Purchase Plan, a copy of which is attached
hereto as Exhibit A (the "Plan").

         3. Within 30 days of the date when you cease to be a Director of AMR
Corporation, the Stock Equivalent Units accrued pursuant to the Plan will be
converted to cash and paid to you by multiplying the number of such Stock
Equivalent Units by the arithmetic mean of the high and the low of AMR stock
("fair market value") during the month when you ceased to be a Director of AMR
Corporation.

         4. AMR's obligation to make the payment pursuant to paragraph 3 hereof
will not be released or modified by reason of your death. In such event, the
number of Stock Equivalent Units as of your date of death will be multiplied by
the fair market value of AMR stock during the calendar month immediately
preceding your death, and the amount paid to Katharine Bachmann.

<PAGE>


         If the foregoing is satisfactory to you, please indicate by signing one
of the originals (two are enclosed) and returning it to me.



                                                    Very truly yours,



                                                    Charles D. MarLett
                                                    Corporate Secretary


Accepted and agreed:




/s/ John W. Bachmann
------------------------------
John W. Bachmann


1/23/2004
------------------------------
Date
§ 844.203 Supporting documentation. ( a ) An individual or agency filing an application for disability retirement is responsible for providing OPM with the evidence described in § 844.201(b)(1), as well as whatever documentation OPM requires in order to determine whether the individual meets the eligibility requirements set forth in § 844.103. The documentation must be provided in a form prescribed by OPM. Failure to submit the documentation required is grounds for dismissing the application. It is also the responsibility of the disability annuitant to obtain and submit evidence OPM requires to show continuing entitlement to disability benefits. Unless OPM orders an examination by a physician of its choice under paragraph (b) of this section, the cost of providing medical documentation rests with the applicant or disability annuitant.
( b ) OPM may offer the applicant a medical examination when it determines that an independent evaluation of medical evidence is needed in order to make a decision regarding an application for a disability annuity or a disability annuitant's entitlement to continuing benefits. The medical examination will be conducted by a medical officer of the United States or a qualified physician or board of physicians designated by OPM. The applicant's refusal to submit to an examination is grounds for dismissal of the application or termination of payments to an annuitant.
( c ) ( 1 ) OPM will review the documentation submitted under paragraph (a) of this section to determine whether the individual has met the eligibility requirements set forth in § 844.103. OPM will issue its decision in writing to the individual and to the employing agency. The decision will include a statement of OPM's findings and conclusions and an explanation of the applicant's right to request reconsideration or MSPB review under § 844.104.
( 2 ) OPM may rescind a decision to allow an application for disability retirement at any time if OPM determines that the original decision was erroneous due to fraud, misstatement of fact, or upon the acquisition of additional medical or other documentation. OPM will provide the individual and the employing agency with written notification of the rescission, including a statement of OPM's findings and conclusions and an explanation of the individual's right to request reconsideration or MSPB review under § 844.104.
( d ) Subject to 5 U.S.C. 552a, any supporting documentation provided to OPM under this section may be shared with the Social Security Administration and the Office of Workers' Compensation Programs of the U.S. Department of Labor.
### SUBCHAPTER I—CRIME VICTIMS FUND
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Telephone 301/415-820

 Washington, DC 20555-0001 E-mail: opa@nrc.gov

 Web Site: www.nrc.gov

No. 03-088 July 8, 2003

NRC ADVISORY COMMITTEE ON NUCLEAR WASTE

ELECTS CHAIRMAN AND VICE CHAIRMAN

The Nuclear Regulatory Commission’s Advisory Committee on Nuclear Waste (ACNW)

has elected Dr. B. John Garrick as Chairman and Dr. Michael T. Ryan as Vice-Chairman.

The NRC established the ACNW in June 1988 to provide the Commission technical

opinions, independent of NRC staff, on activities, programs, and key technical issues associated

with the regulation, management, and safe disposal of radioactive waste.

Dr. Garrick, a physicist and engineer who was previously ACNW vice-chairman, has

pioneered the development and application of risk sciences in industries such as nuclear power,

aerospace, and transportation. His doctoral thesis on unified systems safety analysis first

advocated what is now known as probabilistic risk assessment. He also founded PLG, Inc., the

first company dedicated to quantitative methods of risk assessment, retiring as president and

CEO in 1997.

Dr. Garrick received his bachelor’s degree in physics from Brigham Young University in

1952 and did graduate work in nuclear science and technology at the United States Atomic

Energy Commission's Oak Ridge School of Reactor Technology in 1954-55. He received his

master’s degree in engineering and doctorate in engineering and applied science from the

University of California, Los Angeles, in 1962 and 1968, respectively.

Dr. Ryan, an independent consultant in radiological sciences and health physics, has more

than 25 years of experience in radioactive waste management and radiation protection. He is an

adjunct faculty member at the Medical University of South Carolina and at the College of

Charleston. He has also served on the Board of Directors of the National Council on Radiation

Protection and Measurements, and was scientific vice president for the Council's Radioactive and

Mixed Waste Management program.
- 2 -

Dr. Ryan earned his bachelor’s degree in radiological health physics from Lowell

Technological Institute in 1974. He received his master’s degree in radiological sciences and

protection from the University of Lowell in Massachusetts in 1976, and his doctorate in health

physics from the Georgia Institute of Technology in 1982. He is certified by the American Board

of Health Physics.

The other two ACNW members are former committee Chairman George M. Hornberger,

a professor of environmental sciences at the University of Virginia in Charlottesville, and Milton

Levenson, a former vice president of Bechtel International and nuclear engineering consultant.

###
### §22508. Meetings

The corporation may hold its meetings at any place the corporation decides.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1305.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 22508 | 36:94. | Feb. 24, 1925, ch. 303, §4, 43 Stat. 967. |

Section
**Exhibit 31.3**

**Rule 13a-14(a)/15d-14(a) Certificationof the Chief Executive Officer of Insight Capital, Inc.**

I, Michael S. Willner, certify that:

1)              I have reviewed thisannual report on Form 10-K of Insight Capital, Inc. (the “Registrant”);

2)              Based on my knowledge,this report does not contain any untrue statement of a material fact or omit tostate a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading withrespect to the period covered by this report;

3)              Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the Registrant as of, andfor, the periods presented in this report;

4)              The Registrant’sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e))  for the Registrant andhave:

a)                designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the Registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)               evaluated theeffectiveness of the Registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)                disclosed in thisreport any change in the Registrant’s internal control over financial reportingthat occurred during the Registrant’s most recent fiscal quarter (theRegistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theRegistrant’s internal control over financial reporting; and

5)              The Registrant’sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the Registrant’sauditors and the audit committee of the Registrant’s board of directors (orpersons performing the equivalent functions):

a)                all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the Registrant’s ability to record, process, summarize and reportfinancial information; and

b)               anyfraud, whether or not material, that involves management or other employees whohave a significant role in the Registrant’s internal control over financialreporting.
|        | /s/ MICHAEL S.  WILLNER               |
|--------|---------------------------------------|
|   | Michael S. Willner                    |
|   | Chairman and Chief  Executive Officer |
|   | March 29, 2007                   |

 

----
EMPLOYER STATUS DETERMINATION

R. J. Gorman Railroad Company/Cleveland Line

This is the determination of the Railroad Retirement Board

regarding the status of R. J. Gorman Railroad Company/Cleveland

Line, (RJCC) as an employer under the Railroad Retirement Act (45

U.S.C. §231 et sea.) (RRA) and Railroad Unemployment Insurance Act

(45 U.S.C. §351 et seq. ) (RUIA) . RJCC has not previously been

determined to be an employer under the RRA and the RUIA.

In Interstate Commerce Commission (ICC) Finance Docket 326643, RJCC

filed notice of exemption to acquire and operate approximately 48.9

miles of rail line extending between Warwich and Uhrichsville,

Ohio. Information about RJCC was furnished by Mr. Kenneth D. Adams,

a certified public accountant for RJCC. Mr. Adams reports that

RJCC began operations on January 2, 1995, and has three employees.

It handles approximately 230 cars per month and interchanges with

the CSXT, Conrail and the Ohio Central.

Section 1(a) (1) of the RRA defines the term "employer" to include:

(i) any express company, sleeping car

company, and carrier by railroad, subject to

subchapter I of chapter 105 of title 49;

(ii) any company which is directly or

indirectly owned or controlled by, or under

common control with one or more employers as

defined in paragraph (i) of this subdivision,

and which operates any equipment or facility

or performs any service (except trucking

service, casual service, and the casual

operation of equipment or facilities) in

connection with the transportation of

passengers or property by railroad, or the

receipt, delivery, elevation, transfer in

transit, refrigeration or icing, storage, or

handling of property transported by railroad

* * *. [45 U.S.C. §231(a)(1)(i) and (ii)].

Section 1(a) of the RUIA (45 U.S.C. § 351(a)) contains essentially

the same definition.

BCD 1995-63 BA # 5333
-2-

R. J. Gorman Railroad Company/Cleveland Line

The evidence of record establishes that RJCC is a carrier in

interstate commerce. Accordingly, it is determined that RJCC

became a rail carrier employer under the Railroad Retirement and

Railroad Unemployment Insurance Acts effective January 2, 1995, the

date on which it first began opera*"'

V. M. Speakman, Jr.

u Jerome F. Kever

#
§ 591.307 Payment of allowance rate. ( a ) An authorized allowance rate is earned on a daily basis; however, where appropriate for administrative convenience, the rate may be averaged taking into consideration the number of noncommuting days over a period of time, and paid for each workday, excluding days in a nonpay status and period of extended absence.
( b ) The transportation allowance is paid only when expense is incurred and at the lowest rate consistent with available transportation.
( c ) The inconvenience or hardship allowance is paid regardless of eligibility for the transportation expense part of the allowance rate when the employee is otherwise eligible.
( d ) Except as provided under § 591.305(b)(4)(ii), when the necessity for remaining at the post of duty for the workweek is the basis for the allowance under § 591.304(a)(2), the allowance rate is paid for each full day, or prorated for each part of a day, that the employee remains at the duty post.
( e ) The transportation allowance prescribed by paragraph (b)(1)(i) of § 591.305, or other allowance as may be prescribed for commuting by private motor vehicle, may not be paid unless the officially approved work schedule of the employee precludes use of the transportation services that may be available at lower cost.
( f ) An employee, who normally commutes on a daily basis, will not be disqualified from receiving an authorized allowance when he or she is officially required to remain overnight at the remote duty post, for one or more days on a temporary basis, because of the schedule of operations or the nature of assigned work.
( g ) When a remote duty post is determined by the Office of Personnel Management under paragraph (a)(3) or (c) of § 591.304 as being basically eligible for an allowance, the Office of Personnel Management will determine the basis for payment of the allowance rate taking into consideration the facts and circumstances associated with commuting to the remote duty post.