alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James J. Gallagher, Respondent-Appellant, v. State of New York, Appellant-Respondent. John Howard, Appellant, v. State of New York, Respondent.

(Claim No. 30581.)

(Claim No. 30607.)

— Appeal by the State from a judgment of the Court of Claims, in favor of the claimant Gallagher in the sum of $26,508.34 for personal injuries, and a cross appeal *by*Gallagher on the ground of inadequacy. Appeal by claimant Howard from the judgment dismissing his claim. Both claimants were injured when the car in which they were riding, owned and operated by claimant Howard, left a State highway in the vicinity of Mechanicville, N. Y., and plunged over an embankment. The Court of Claims found the State negligent in failing .to give an adequate warning of a dangerous condition on the highway, created by agents or employees of the State. At the place of the accident there was a barricade across the road, and the highway itself turned sharply to the right. There were no signs to indicate the sharp turn. At the time of the accident it was dark and foggy, and visibility was poor. Neither claimants had traveled the road before the night of the accident. Claimant Gallagher was found free from contributory negligence, but claimant Howard, the owner and operator of the car, was found negligent in that he was driving too fast under the circumstances. The evidence sustains the findings. The award in favor of claimant Gallagher was within a fair range of adequacy. Judgment in favor of the claimant Gallagher affirmed, with costs, and his cross appeal dismissed, without costs. Judgment dismissing the claim of Howard affirmed, without costs. Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ., concur.
(Revised)

NRC SEES NO RADIATION AT HARMFUL LEVELS REACHING U.S.

FROM DAMAGED JAPANESE NUCLEAR POWER PLANTS

The Nuclear Regulatory Commission is coordinating with the Department of Energy and 

other federal agencies in providing whatever assistance the Japanese government requests as they

respond to conditions at several nuclear power plant sites following the March 11 earthquake and 

tsunami. The NRC has sent two boiling-water reactor experts to Japan as part of a U.S. Agency 

for International Development team.

In response to nuclear emergencies, the NRC works with other U.S. agencies to monitor 

radioactive releases and predict their path. All the available information indicates weather 

conditions have taken the small releases from the Fukushima reactors out to sea away from the 

population. Given the thousands of miles between the two countries, Hawaii, Alaska, the U.S. 

Territories and the U.S. West Coast are not expected to experience any harmful levels of 

radioactivity. 

During a nuclear event the NRC has requirements to protect populations around reactors. 

For instance, the U.S. evacuation standard at 10 miles is roughly equivalent to the 20-kilometer 

distance recommended in Japan. The United States also uses sheltering in place and potassium 

iodide, protective measures also available in Japan. United States citizens in Japan are 

encouraged to follow the protective measures recommended by the Japanese government. These 

measures appear to be consistent with steps the United States would take. 

The NRC will not comment on hour-to-hour developments at the Japanese reactors. This 

is an ongoing crisis for the Japanese who have primary responsibility.

###

News releases are available through a free listserv subscription at the following Web address: 

http://www.nrc.gov/public-involve/listserver.html. The NRC homepage at www.nrc.gov also offers a SUBSCRIBE 

link. E-mail notifications are sent to subscribers when news releases are posted to NRC's website.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 11-046 March 13, 2011
* Pursuant to 5 TH C IR . 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 C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED October 25, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41845 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SILVIO DUNEZ-DE GRANDE, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 1:05-CR-646-ALL

-------------------- Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM: * Silvio Dunez-De Grande appeals from his guilty-plea conviction of, and sentence for, violating 8 U.S.C. § 1326 by being found in the United States without permission after deportation. He argues, in light of Apprendi v. New Jersey , 530 U.S. 466 (2000), that the 70-month term of imprisonment imposed in his case exceeds the statutory maximum sentence allowed for the § 1326(a) offense charged in his indictment. He challenges the constitutionality of § 1326(b)’s treatment of prior felonyNo. 05-41845 -2- and aggravated felony convictions as sentencing factors rather than elements of the offense that must be found by a jury. Dunez-De Grande’s constitutional challenge is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998). Although he contends that Almendarez-Torres was incorrectly decided and that a majority of the Supreme Court would overrule Almendarez-Torres in light of Apprendi , we have repeatedly rejected such arguments on the basis that Almendarez-Torres remains binding. See United States v. Garza-Lopez , 410 F.3d 268, 276 (5th Cir.), cert. denied , 126 S. Ct. 298 (2005). Dunez-De Grande properly concedes that his argument is foreclosed in light of Almendarez-Torres and circuit precedent, but he raises it here to preserve it for further review.
AFFIRMED.
[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Notices]
[Page 67156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25378]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1555-DR]


Pennsylvania; Amendment No. 2 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the Commonwealth of Pennsylvania (FEMA-1555-DR), dated September 
19, 2004, and related determinations.

EFFECTIVE DATE: November 3, 2004.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) hereby gives notice that pursuant to the authority vested in the 
Under Secretary for Emergency Preparedness and Response, Department of 
Homeland Security, under Executive Order 12148, as amended, James N. 
Russo, of FEMA is appointed to act as the Federal Coordinating Officer 
for this declared disaster.
    This action terminates my appointment of Thomas Davies as Federal 
Coordinating Officer for this disaster.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050 
Individuals and Households Program--Other Needs; 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 04-25378 Filed 11-15-04; 8:45 am]
BILLING CODE 9110-10-P
## Subtitle III—Contract Disputes

Chapter
Sec.
71.
Contract Disputes
7101
NRC SCHEDULES MEETING OCT. 3 TO DISCUSS INSPECTION AT

NORTH ANNA NUCLEAR POWER STATION

The Nuclear Regulatory Commission staff has scheduled a public meeting at the North 

Anna nuclear power station to discuss the preliminary results of an Augmented Inspection Team

which reviewed the effects of the Aug. 23 earthquake and the plant’s response. 

The meeting is scheduled for Monday, Oct. 3, at 1 p.m. EDT at the North Anna Nuclear 

Information Center, 1022 Haley Drive in Mineral, Va. The meeting will include members of the 

NRC inspection team as well as managers from NRC headquarters in Rockville, Md., and the 

Region II office in Atlanta. After the results are presented to Dominion, the plant’s operator, 

NRC staff will be available to answer questions from media representatives and the public. 

During the quake, the North Anna station’s two units automatically shut down. The

company declared an Alert, the next to lowest NRC emergency classification for plant events, 

and exited the Alert after the plant staff restored offsite power. The NRC determined that an 

Augmented Inspection Team or AIT was the appropriate level of follow-up inspection. 

An AIT is formed by the NRC to review significant events or issues at NRC-licensed 

facilities. The North Anna AIT included technical experts from NRC headquarters in Rockville, 

Md., as well as inspectors from the regional office in Atlanta. It was led by NRC Region II 

Branch Chief Mark Franke and North Anna Senior Resident Inspector Greg Kolcum.

The station remains shut down and NRC regulations require that the station not restart

until it can demonstrate that no functional damage occurred to those features needed for 

continued safe operation.

The AIT is expected to release its final inspection report later in October and that report 

will be available on the NRC’s website. 

###

News releases are available through a free listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II

245 Peachtree Center Ave., NE, Suite 1200

Atlanta, GA 30303-1257

Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No: II-11-056

CONTACT: Roger Hannah 404-997-4417

 Joey Ledford 404-997-4416

 

September 20, 2011

E-mail: OPA2.Resource@nrc.gov
#### Malvina Repeka, Appellant, v. Roal Jomal, Inc., et al., Respondents.

No opinion. Present—Close, P. J., Carswell, Johnston, Adel and Taylor, JJ.
### §542. Care and handling

The disposal of surplus property, and the care and handling of the property pending disposition, may be performed by the General Services Administration or, when the Administrator of General Services decides, by the executive agency in possession of the property or by any other executive agency that agrees.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 542 | 40:484(b). | June 30, 1949, ch. 288, title II, §203(b), 63 Stat. 385. |

Section
EX-10.2






ASSIGNMENT AND ASSUMPTION OF REAL ESTATE PURCHASE AGREEMENT




THIS ASSIGNMENT AND ASSUMPTION OF REAL ESTATE PURCHASE AGREEMENT (this “Assignment”)
is made and entered into as of July 27, 2007, by and between TRIPLE NET PROPERTIES, LLC, a Virginia
limited liability company (“Assignor”) and NNN HEALTHCARE/OFFICE REIT GWINNETT, LLC, a
Delaware limited liability company (“Assignee”), with reference to the following Recitals:



R E C I T A L S




A. Assignor is the “Buyer” under that certain Real Estate Purchase Agreement dated May 23,
2007 (the “Purchase Agreement”), wherein Assignor agreed to purchase that certain real
property located at 601A Professional Drive, Lawrenceville, Georgia 30045, as more particularly
described in the Purchase Agreement, on the terms and conditions set forth in the Purchase
Agreement.



B. Assignor hereby desires to assign to Assignee, and Assignee hereby desires to assume from
Assignor, all of Assignor’s rights, interests, duties and obligations under the Purchase Agreement.



NOW, THEREFORE, in consideration of the forgoing Recitals (which are incorporated herein by
this reference) and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, Assignor and Assignee hereby agree as follows:



A G R E E M E N T




1. Assignment; Assumption. Assignor hereby assigns and delegates to Assignee all of
Assignor’s rights, interests, duties and obligations under the Purchase Agreement. By executing
this Assignment, Assignee hereby accepts such assignment, and expressly agrees to assume and be
bound by all of the provisions of the Purchase Agreement as if Assignee, rather than Assignor, were
the original “Buyer” thereunder.



2. Successors and Assigns. This Assignment shall be binding upon each of the parties
hereto and their respective successors and assigns.



4. Counterparts. This Assignment may be executed in any number of counterparts with
the same effect as if all of the parties had signed the same document. All counterparts shall be
construed together and shall constitute one agreement.



[Signatures on next page]






1






IN WITNESS WHEREOF, the parties hereto have caused this Assignment to be executed by their
duly authorized representatives as of the date first written above.



	 	 	 	 	 	 	 	 	 	 	 
	ASSIGNOR:	 	TRIPLE NET PROPERTIES, LLC,	 	 	 	 
	 	 	a Virginia limited liability company	 	 	 	 
	 	 	By:	 	/s/ Jack Maurer	 	 	 	 
	
 
	 	 	 	Name:
	 	Jack Maurer
	 	

	 	

	 	 	 	 	Title:	 	Executive Vice President	 	 
	ASSIGNEE:	 	NNN HEALTHCARE/OFFICE REIT GWINNETT, LLC,	 	 
	 	 	a Delaware limited liability company	 	 	 	 
	 	 	By:	 	NNN HEALTHCARE/OFFICE REIT HOLDINGS, L.P.,	 	 
	 	 	 	 	a Delaware limited partnership,	 	 
	 	 	 	 	Its Sole Member	 	 	 	 
	 	 	 	 	By:	 	NNN HEALTHCARE/OFFICE REIT, INC.,
	 	 	 	 	 	 	a Maryland corporation,	 	 
	 	 	 	 	 	 	Its General Partner	 	 
	 	 	 	 	 	 	By:	 	/s/ Shannon K S Johnson
	
 
	 	 	 	 	 	 	 	Name:

Title:
	 	Shannon K.S. Johnson

Chief Financial Officer







2
##### 



Exhibit 21.1
  SUBSIDIARIES
    OF XO HOLDINGS, INC.
  Jurisdiction ofEntity Name

IncorporationNextlink Wireless, Inc.

DelawareV & K Holdings, Inc.

DelawareXO Communications, LLC

DelawareXO Communications, LLC Subsidiaries:Telecommunications of Nevada, LLC (50% interest)

DelawareXO Communications Services, Inc.

DelawareXO Interactive, Inc.

WashingtonXO International Holdings, Inc.

DelawareXO Services, Inc.

DelawareXO Nevada Merger Sub., Inc.

DelawareXO Communications Services, Inc. Subsidiaries:XO Virginia, LLC

WashingtonXO International Holdings, Inc. Subsidiaries:XO International, Inc.

DelawareNextlink Global ApS

DenmarkXO Asia Limited (1% interest)

Hong KongXO NS, Inc.

CanadaXO International, Inc. Subsidiary:XO Asia Limited (99% interest)

Hong KongXO Nevada Merger Sub., Inc. Subsidiary:Telecommunications of Nevada, LLC (50% interest)

Delaware
Editorial Note on Part 8
Editorial Note: Nomenclature changes to part 8 appear at 68 FR 51352, Aug. 26, 2003.

§ 8.2 Application of this part. ( a ) This part applies to any program for which Federal financial assistance is authorized under a law administered by the Department, including the types of Federal financial assistance listed in Appendix A to this part and as said Appendix may be amended. It applies to money paid, property transferred, or other Federal financial assistance extended after January 9, 1965, pursuant to an application approved prior to such effective date.
( b ) This part does not apply to ( 1 ) any Federal financial assistance by way of insurance or guaranty contracts,
( 2 ) money paid, property transferred, or other assistance extended before January 9, 1965, except where such assistance was subject to the title VI regulations of this Department or of any other agency whose responsibilities are now exercised by this Department,
( 3 ) any assistance to any individual who is the ultimate beneficiary under any such program, or
( 4 ) any employment practice, under any such program, of any employer, employment agency, or labor organization except to the extent described in § 8.4(c). The fact that a type of Federal financial assistance is not listed in Appendix A shall not mean, if title VI of the Act is otherwise applicable, that a program is not covered. Other types of Federal financial assistance under statutes now in force or hereinafter enacted may be added to the list by notice published in the Federal Register.
#### The People of the State of New York, Respondent, v. John Cooper, Appellant.

(See memorandum filed in *People*v. *Abel, ante,*p. 623, filed herewith.) All concur. (Appeal from a judgment which sentenced defendant to imprisonment for four months, with a fine of $500; also appeal from an order denying defendant’s motion to withdraw his plea of guilty and substitute a plea of not guilty.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.
Home > NRC Library > ADAMS Public Documents

# Quarterly July-September 2013 Report on the Statis of Public Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206.

Accession Number: ML13274A097

Date Released: Monday, October 28, 2013

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML13274A101 - Quarterly July-September 2013 Report on the Status of Public Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206 (Memo). (3 page(s), 10/23/2013)
    - ML13274A106 - Quarterly July-September 2013 Report on the Status of Public Petitions Under Title 10 of the Code of Federal Regulations, Section 2.206 (Report). (24 page(s), 10/23/2013)

Privacy PolicySite Disclaimer
Exhibit 31.2
   1.
    
    I have reviewed this quarterly report on Form 10-Q of Cardiovascular Systems, Inc.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made,
in light of the circumstances under which such statements were made, not misleading
with respect to the period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as of,
and for, the periods presented in this report;4.
    
    I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and have:
 a.
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under my supervision, to ensure
that material information relating to the registrant, including its consolidated
subsidiaries, is made known to me by others within those entities, particularly
during the period in which this report is being prepared;b.
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report my conclusions about the effectiveness of
the disclosure controls and procedures, as of the end of the period covered by
this report based on such evaluation; andc.
    
    Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent
fiscal quarter (the registrants fourth fiscal quarter in the case of an annual
report) that has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial reporting; and
 5.
    
    I have disclosed, based on my most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent functions):
 a.
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely
to adversely affect the registrants ability to record, process, summarize and
report financial information; andb.
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over
financial reporting.
 By:
    
    /s/ Laurence L. BetterleyDated: February 13, 2009
    
    
    
    Laurence L. BetterleyChief Financial Officer
#### § 0.15 [Reserved]
### SUBCHAPTER I—SALINE WATER DEVELOPMENT PROGRAM
[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Notices]
[Page 64980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25060]


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

MILLENNIUM CHALLENGE CORPORATION

[MCC FR 04-12]


Public Outreach Meeting

AGENCY: Millennium Challenge Corporation.

ACTION: Notice.

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

SUMMARY: The Millennium Challenge Corporation (``MCC'') will hold a 
public outreach meeting on Wednesday, November 10, 2004 at the U.S. 
Department of State in Washington, DC. The MCC Chairman, CEO and MCC 
staff will update interested members of the public regarding the MCC 
Board's selection of Millennium Challenge Account eligible countries 
for Fiscal Year 2005.

DATES: Wednesday, November 10, 2004; from 1-2 p.m.

ADDRESSES: U.S. Department of State, Dean Acheson Auditorium (Enter 
through 23rd Street, NW., Entrance between C and D Streets), 
Washington, DC.

FOR FURTHER INFORMATION CONTACT: Information on the meeting may be 
obtained from Cassandra Jastrow at (202) 521-3600.

SUPPLEMENTARY INFORMATION: Due to security requirements at the meeting 
location, all individuals wishing to attend the meeting are encouraged 
to arrive at least 20 minutes before the meeting begins and must comply 
with all relevant security requirements of the U.S. Department of 
State. Those wishing to attend should e-mail Cassandra Jastrow at 
<a href="/cdn-cgi/l/email-protection#caafbcafa4beb98aa7a9a9e4ada5bc"><span class="__cf_email__" data-cfemail="1d786b7873696e5d707e7e337a726b">[email protected]</span></a> with the following information: Name, Telephone Number, 
e-mail address; Affiliation/Company Name, Social Security Number and 
Date of Birth. Seating will be available on a first come, first served 
basis.

    Dated: November 5, 2004.
Frances C. McNaught,
Vice President, Domestic Relations, Millennium Challenge Corporation.
[FR Doc. 04-25060 Filed 11-5-04; 12:04 pm]
BILLING CODE 9210-01-U


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