alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ferdinand C. Niemeyer, Defendant in Error, v. Gust Berg and Joseph Brabec, Plaintiffs in Error.

Gen. No. 19,185.

(Not to he reported in full.)

Error to the Municipal Court of Chicago; the Hon. Joseph S. LaBuy, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1913.

Reversed and remanded.

Opinion filed April 23, 1914.

Statement of the Case.

Action in tort by Ferdinand C. Niemeyer against Gust Berg and Joseph Brabec in the Municipal Court of Chicago. Plaintiff’s statement of claim alleged that the defendants pretended to assign to plaintiff a certain lease then existing between the defendants as lessor and lessee of certain premises; that the lessor, Berg, represented that it would be necessary for plain*108tiff to deposit one hundred and fifty dollars as security for the payment of the last two months’ rent under said lease before he would accept plaintiff as assignee, knowing at the time that the defendant Brabec had previously assigned said lease to another party, and that by reason of the false and fraudulent representations plaintiff paid Brabec and that said lease had never been assigned to plaintiff. The court found 6 4 the defendant guilty in the manner and form as charged in the plaintiff’s statement of claim” and assessed plaintiff’s damages 4 4at the sum of one hundred and fifty dollars in tort,” and the court adjudged that plaintiff have judgment on the finding, it not appearing that at any time the cause was dismissed as to either one of the defendants. To reverse the judgment, defendants bring error.

Winston, Payne, Strawn & Shaw, for plaintiffs in error; John C. Slade, of counsel.

William Reeda, for defendant in error; Park Phipps, of counsel.

Abstract of the Decision.

1. Munichpad Court of Chicago, § *13a*
      ***
      *—when proof limited to claim as made.*In an action of the fourth class in the Municipal court a party is limited in his evidence to his claim as made, or as amended.

2. Fraud, § *115*
      ***
      *—when judgment for plaintiff not sustained 6y proof of fraudulent representations.*In an action of the fourth class in the Municipal Court, where the gist of plaintiff’s claim was that because of false and fraudulent representations plaintiff was induced to part with a certain sum for which he never received any consideration, by reason of which he was damaged, *held*that a judgment for plaintiff could not be sustained for the reason that there was no sufficient proof of the alleged false and fraudulent representations.

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, samel topic and section number.

Mr. Justice Gridley

delivered the opinion of the court.

*1093. Judgment, § *187*
      ***
      *—when judgment against “the defendant” in action against two defendants cannot he sustained.*In an action of tort against two defendants, tried by the court without a jury, where the finding of the court as recorded is against “the defendant,” without naming him, a judgment on such finding cannot be sustained, since it is uncertain which one of the defendants was found guilty and against which one the judgment was rendered.
### SUBCHAPTER V—ACCELERATED RESEARCH AND DEVELOPMENT
No: 14-005 February 10, 2014

CONTACT: David McIntyre, 301-415-8200 

NRC Approves Power Uprates for Braidwood and Byron 

Nuclear Power Plants in Illinois

The Nuclear Regulatory Commission has approved a request by Exelon Generation Company, 

LLC to increase the generating capacity of the Braidwood and Byron Nuclear Power Stations by 1.63

percent for each reactor.

The NRC staff determined that Exelon could safely increase the reactors’ output primarily 

through more accurate means of measuring feedwater flow. NRC staff also reviewed the company’s 

evaluations showing the plant’s design can accommodate the increased power level.

Braidwood Station is located in Braceville, Ill., about 20 miles southwest of Joliet. Byron 

Station is located in Byron, 17 miles southwest of Rockford. Each station has two pressurized water 

reactors. The power uprate will increase each station’s total generating capacity from approximately 

2,350 to 2,390 megawatts electric. Exelon intends to implement the uprates in February.

The NRC’s safety evaluation of the plant’s proposed power uprate focused on several areas, 

including the nuclear steam supply systems, instrumentation and control systems, electrical systems, 

accident evaluations, radiological consequences, fire protection, operations and training, and technical 

specification changes.

The NRC published a notice about the power uprate application in the Federal Register on Dec. 

6, 2011. The agency’s evaluation of the power uprate will be available through the NRC’s ADAMS

electronic document database by entering Accession Number ML13281A000.
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 the Interior

###### Bureau of Land Management 

          - [100% to CO-956-1420-BJ-0000-241A] 

# SUMMARY:

The plats of survey of the following described land will be officially filed in the Colorado State Office, Bureau of Land Management, Lakewood, Colorado, effective 10 a.m., November 17, 2004. All inquiries should be sent to the Colorado State Office, Bureau of Land Management, 2850 Youngfield Street, Lakewood, Colorado 80215-7093. 

The plat, of the entire record, representing the metes-and-bounds survey in section 24, Township 41 North, Range 2 East, New Mexico Principal Meridian, Group 1367, Colorado, was accepted November 10, 2004. 

This survey and plat was requested by the U.S. Forest Service, Rio Grande National Forest, to facilitate a land exchange, and for administrative and management purposes. 

Randall M. Zanon, 

Chief Cadastral Surveyor for Colorado. 

[FR Doc. 04-26143 Filed 11-24-04; 8:45 am] 

BILLING CODE 4310-JB-P
#### § 301.49 Deception in general.

No furs nor fur products shall be labeled, invoiced, or advertised in any manner which is false, misleading or deceptive in any respect.
EXHIBIT
 32



CERTIFICATION
 OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT
 TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In
 connection with thereport
 on Form 10-K/A
 ofProvidence
 Resources, Inc. for the annual period ended December 31, 2007
 as filed with the Securities and Exchange Commission on the date hereof,
 I,Gilbert Burciaga,do
 hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to
 §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

| | (1) | Thisreportfully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------

| | (2) | The information contained in this report fairly represents, in all material respects, the financial condition of the small business issuer
 at the end of the period covered by this report and results of operations of the small business issuer for the period covered by this r
eport.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date:October
 17, 2008





/s/
 Gilbert Burciaga

Gilbert
 Burciaga,
 Chief Executive Officer
 and Chief Financial Officer



Thiscertification
 accompanies this report pursuant to §906 of the Sarbanes-Oxley
 Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be
 deemed filed by the small business issuer for the purposes of §18
 of the Securities Exchange Act of 1934, as amended. This certification shall not be incorporated by reference into any filing under
 the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before
 or after the date of this report), irrespective of any general
 incorporation language contained in such filing. A signed original of this written statement required by §906 has
 been provided to the small business issuer
 and will
 be retained by the small business issuer and furnished to the
 Securities and Exchange Commission or its staff upon request.



27
<PAGE>
                                                                    EXHIBIT 10.1


June 5, 2003



Kmart Corporation
3100 West Big Beaver Road
Troy, Michigan



Re: Credit Agreement dated as of May 6, 2003 among Kmart Corporation, as
Borrower, the other Credit Parties signatory thereto, the Lenders signatory
thereto from time to time and General Electric Capital Corporation, as
administrative Agent for the Lenders (the "Credit Agreement")

Ladies and Gentlemen:

         Reference is hereby made to the Credit Agreement. Capitalized terms not
otherwise defined herein shall have the meaning ascribed thereto in the Credit
Agreement.

         Pursuant to Section 5.15 of the Credit Agreement, Borrower is required
to deliver a Control Agreement duly executed by Borrower, Bank of America, N.A.
and Administrative Agent within fifteen (15) days of the Closing Date, which
deadline was extended to thirty (30) days after the Closing Date. Borrower has
requested, and Administrative Agent and the Co-Syndication Agents hereby agree,
that such deadline is hereby extended to June 20, 2003.

         This letter agreement shall constitute an amendment and waiver of
Section 5.15 of the Credit Agreement but not an amendment or waiver of any other
provision of the Credit Agreement not expressly referred to herein and shall not
be construed as an amendment, waiver or consent of the Administrative Agent, the
Co-Syndication Agents or the Lenders except as expressly stated herein.

         This letter agreement shall constitute a Loan Document. This letter
agreement may be executed in any number of separate counterparts (including by
facsimile), each of which shall collectively and separately constitute one
agreement.

Sincerely,

GENERAL ELECTRIC CAPITAL
CORPORATION,
as Administrative Agent

By:      /s/ Lynn Gosselin
         -----------------
Name:    Lynn Gosselin
Title:   Duly Authorized Signatory


FLEET RETAIL FINANCE INC., as
Co-Syndication Agent

By:      /s/ James R. Dore
         -----------------
Name:    James R. Dore
Title:   Managing Director


BANK OF AMERICA, N.A., as
Co-Syndication Agent

By:      /s/ Richard Levenson
         --------------------
Name:    Richard Levenson
Title:   Senior Vice-President



ACKNOWLEDGED AND AGREED
This 9th day of May, 2003:

KMART CORPORATION

By:      /s/ James Gooch
         ---------------
Name:    James Gooch
Title:   Treasurer
#### § 904.214 Stipulations.

The parties may, by stipulation, agree upon any matters involved in the administrative proceeding and include such stipulations in the record with the consent of the Judge. Written stipulations must be signed and served on all parties.

[87 FR 38938, June 30, 2022]
**EXHIBIT 32.1**

**CERTIFICATION OF PRINCIPAL**

**EXECUTIVE OFFICER PURSUANT TO**

**18 U.S.C. SECTION 1350,**

**AS ADOPTED PURSUANT BY**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with this amended Quarterly Report of Bekem Metals, Inc., (the “Company”) on Form 10-Q/A-1 for the period ended June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the *"Report"*), I, Yermek Kudabayev, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

 

 (1) The Report fully complies with the requirements of section 13 (a) or 15 (d) of the Securities Exchange Act of 1934; and 

 

 (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. 

 

 

| Date:  April 2, 2008 | By: | /s/ Yermek Kudabayev |  
 

Yermek Kudabayev

 

Chief Executive Officer

 

 

  |
|----------------------|-----|----------------------|------------------------------------------------------------------------------------------|
#### Joseph Kropfl, Respondent, v. Sam Etzkowitz, Individually and as Administrator of the Estate of Pauline Etzkowitz, Deceased, et al., Appellants.

No opinion. Present — Peek, P. J., Glennon, Dore, Cohn and Callahan, JJ.
### §1320a–10. Effect of failure to carry out State plan

In an action brought to enforce a provision of this chapter, such provision is not to be deemed unenforceable because of its inclusion in a section of this chapter requiring a State plan or specifying the required contents of a State plan. This section is not intended to limit or expand the grounds for determining the availability of private actions to enforce State plan requirements other than by overturning any such grounds applied in Suter v. Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court decisions respecting such enforceability: Provided, however, That this section is not intended to alter the holding in Suter v. Artist M. that section 671(a)(15) of this title is not enforceable in a private right of action.

(Aug. 14, 1935, ch. 531, title XI, §1130A, as added Pub. L. 103–432, title II, §211(a), Oct. 31, 1994, 108 Stat. 4460.)

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

#### Effective Date

Pub. L. 103–432, title II, §211(b), Oct. 31, 1994, 108 Stat. 4460, provided that: "The amendment made by subsection (a) [enacting this section] shall apply to actions pending on the date of the enactment of this Act [Oct. 31, 1994] and to actions brought on or after such date of enactment."
### §10603e. Transferred

#### **Editorial Notes**

#### Codification

Section 10603e was editorially reclassified as section 20108 of Title 34, Crime Control and Law Enforcement.
### §1395. Prohibition against any Federal interference

Nothing in this subchapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.

(Aug. 14, 1935, ch. 531, title XVIII, §1801, as added Pub. L. 89–97, title I, §102(a), July 30, 1965, 79 Stat. 291.)

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

#### Short Title

For short title of title I of Pub. L. 89–97, which enacted this subchapter as the "Health Insurance for the Aged Act", see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title.

#### Protecting and Improving Guaranteed Medicare Benefits

Pub. L. 111–148, title III, §3601, Mar. 23, 2010, 124 Stat. 538, provided that:

"(a) Protecting Guaranteed Medicare Benefits.—Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaranteed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].

"(b) Ensuring That Medicare Savings Benefit the Medicare Program and Medicare Beneficiaries.—Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand guaranteed Medicare benefits and protect access to Medicare providers."
### §10511. Transferred

#### **Editorial Notes**

#### Codification

Section 10511 was editorially reclassified as section 50110 of Title 34, Crime Control and Law Enforcement.
#### § 303.31 Invoice in lieu of label.

Where a textile fiber product is not in the form intended for sale, delivery to, or for use by the ultimate consumer, an invoice or other document may be used in lieu of a label, and such invoice or other document shall show, in addition to the name and address of the person issuing the invoice or other document, the fiber content of such product as provided in the Act and regulations as well as any other required information.

[79 FR 18771, Apr. 4, 2014]
No: II-14-037 July 17, 2014

CONTACT: Roger Hannah 404-997-4417

 Joey Ledford 404-997-4416

NRC Schedules Conference with Duke Energy to Discuss

Apparent Violation at Oconee Nuclear Station

The Nuclear Regulatory Commission staff has scheduled a regulatory conference with officials 

of Duke Energy for July 31 to discuss an apparent violation of NRC requirements involving a crack in a 

weld on the Unit 1 high pressure injection system at the Oconee Nuclear Station. 

The Oconee plant is operated by Duke Energy near Seneca, S.C., about 30 miles west of 

Greenville.

NRC and Duke Energy officials will discuss the safety significance of the apparent violation 

related to an undetected crack in a weld that led to reactor coolant system pressure boundary leakage 

and a forced shutdown of Unit 1. The weld was located in the high pressure injection system. That 

system would provide water to help cool the reactor core during an accident if pressure in the system 

remained high. 

There was no immediate safety concern because the crack was repaired, but the NRC 

determined that the method used by the plant to check for cracks did not provide acceptable coverage as 

required and did not identify the crack before it began leaking. 

The regulatory conference is scheduled for 9 a.m. in the NRC’s Region II office, located at 245 

Peachtree Center Ave., NE, Suite 800 in Atlanta. The meeting is open to the public and NRC officials 

will be available to answer questions after the meeting.

The apparent violation has preliminarily been classified as “greater than green.” The NRC 

evaluates regulatory performance at commercial nuclear power plants with a color-coded system which 

classifies findings as green, white, yellow or red, in increasing order of safety significance. 

No decisions on the final safety significance or any additional NRC actions will be made at the 

regulatory conference. Those decisions will be made by NRC officials at a later time.

A letter from the NRC to Oconee plant management in late June provides additional 

information on the issue and the apparent violation.
### §§1331 to 1336. Repealed. Pub. L. 98–369, div. B, title VI, §2663(f), July 18, 1984, 98 Stat. 1168

Section 1331, act Aug. 14, 1935, ch. 531, title XIII, §1301, as added Aug. 10, 1946, ch. 951, title III, §306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, §1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, provided for administration of this chapter by Secretary of Labor.

Section 1332, act Aug. 14, 1935, ch. 531, title XIII, §1302, as added Aug. 10, 1946, ch. 951, title III, §306, 60 Stat. 982; amended July 16, 1949, ch. 342, §§1–3, 63 Stat. 445, defined "reconversion period", "compensation", "Federal maritime service", and "Federal maritime wages".

Section 1333, act Aug. 14, 1935, ch. 531, title XIII, §1303, as added Aug. 10, 1946, ch. 951, title III, §306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, §1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065, related to compensation for seamen, agreements with states, payments in absence of agreements, wage information, and determination of wages.

Section 1334, act Aug. 14, 1935, ch. 531, title XIII, §1304, as added Aug. 10, 1946, ch. 951, title III, §306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, §1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to review of determinations and reports.

Section 1335, act Aug. 14, 1935, ch. 531, title XIII, §1305, as added Aug. 10, 1946, ch. 951, title III, §306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, §1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to payments to States, certification of such payments by Secretary of Labor to Secretary of the Treasury, and return of unused funds.

Section 1336, act Aug. 14, 1935, ch. 531, title XIII, §1306, as added Aug. 10, 1946, ch. 951, title III, §306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, §1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to penalties.

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

#### Effective Date of Repeal

Repeal effective July 18, 1984, but such repeal shall not be construed as changing or affecting any right, liability, status, or interpretation which existed before that date, see section 2664(b) of Pub. L. 98–369, set out as an Effective Date of 1984 Amendment note under section 401 of this title.
#### John W. Vickery, Respondent, v. Montclair Jam Kitchens, Appellant.

Order affirmed, with ten dollars costs and disbursements. All concurred.
Home > NRC Library > ADAMS Public Documents

# SECY-15-0137:  Proposed Plans for Resolving Open Fukushima Tier 2 and 3 Recommendations

Accession Number: ML15254A006

Date Released: Wednesday, November 4, 2015

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.
    - ML15254A008 - SECY-15-0137:  Proposed Plans for Resolving Open Fukushima Tier 2 and 3 Recommendations (9 page(s), 10/29/2015)
    - ML15254A009 - SECY-15-0137:  Enclosure 1 - Proposed Resolution Plan on Tier 2 Recommendation on Other Natural Hazards (6 page(s), 10/29/2015)
    - ML15254A010 - SECY-15-0137:  Enclosure 2 - Proposed Resolution Plan on Tier 3 Recommendation 2.2, Periodic Reconfirmation of Natural Hazards (17 page(s), 10/29/2015)
    - ML15254A013 - SECY-15-0137:  Enclosure 3 - Proposed Resolution Plan for Tier 3 Recommendation - Potential Enhancements to the Capability to Prevent or Mitigate Seismically Induced Fires and Floods (10 page(s), 10/29/2015)
    - ML15254A016 - SECY-15-0137:  Enclosure 4 - Proposed Resolution Plan on Tier 3 Recommendations 5.2 for Reliable Hardened Vents for Other Containments and 6.0 for Hydrogen Control and Mitigation Inside Containment and Other Buildings (17 page(s), 10/29/2015)
    - ML15254A034 - SECY-15-0137:  Enclosure 5 - Proposed Resolution Plan for Tier 3 Recommendation - Enhanced Reactor and Containment Instrumentation for Beyond-Design-Basis Conditions (19 page(s), 10/29/2015)
    - ML15254A036 - SECY-15-0137:  Enclosure 6 - Proposed Resolution Plan for Basis of Emergency Planning Zone Size and Pre-Staging Potassium Iodide Beyond 10 Miles (5 page(s), 10/29/2015)
    - ML15254A039 - SECY-15-0137:  Enclosure 7 - Proposed Resolution Plan on Tier 3 Recommendations 9, 10, and 11; Emergency Preparedness Activities Not Addressed Elsewhere (16 page(s), 10/29/2015)
    - ML15254A040 - SECY-15-0137:  Enclosure 8 - Proposed Resolution Plan for Tier 3 Recommendation 12.1 - Enhancements to the Reactor Oversight Process (4 page(s), 10/19/2015)
    - ML15254A041 - SECY-15-0137:  Enclosure 9 - Proposed Resolution Plan for Tier 3 Recommendation 12.2 - Enhancements to Severe Accident Training for NRC Staff and Severe Accident Management Guidelines for Resident Inspectors (4 page(s), 10/29/2015)

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