alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hazel GADDY, Administratrix for the Estate of James Brown Gaddy, Deceased, Plaintiffs, v. LOUISVILLE & NASHVILLE RAILROAD COMPANY, Defendant. Dorothy M. Gaddy, Intervenor.

No. 1155.

United States District Court E. D. Kentucky, Covington Division.

Nov. 5, 1968.

Wayne Bridges, Covington, Ky., for plaintiffs.

Adams & Brooking, Covington, Ky., for defendant.

Harry Riggs, Jr., Erlanger, Ky., Walter C. Beall, Cincinnati, Ohio, for intervenor.

*45MEMORANDUM AND ORDER

SWINFORD, Chief Judge.

This is an action brought under the Federal Employers’ Liability Act for wrongful death. The plaintiff, Hazel Gaddy, is the administratrix of the estate of the deceased. One Dorothy M. Gaddy, deceased’s first wife, has intervened, claiming to be his widow. After many proceedings, including a trial and appeal, 6 Cir., 386 F.2d 772, the defendant settled all claims with Hazel Gaddy, the administratrix. Thereafter, upon application of her counsel, the state probate court set the fee for the administratrix and her counsel. Now counsel for Dorothy M. Gaddy moves this court to set reasonable counsel fees and to designate a reasonable share of costs to be assigned to the children of the deceased.

This court is of the opinion that it does not have jurisdiction to set counsel fees as requested by counsel for the Intervenor. The setting of such fees is a matter for the state probate court as part of its general power over the administration of estates. A federal court has no jurisdiction of matters strictly probate or, in this sense, administrative in nature. See Sutton v. English, 246 U.S. 199, 205, 38 S.Ct. 254, 62 L.Ed. 664; 32 Am. Jur.2d Federal Practice and Procedure, Section 32.

Intervenor’s argument that Section 51 of Title 45, United States Code, gives this court jurisdiction is not persuasive. This section merely provides a cause of action and specifies for whose benefit it is provided. It does not give this court jurisdiction to administer the distribution of funds recovered.

Intervenor contends that the Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., gives this court jurisdiction to set attorneys’ fees in this case. Reliance on this Act is misplaced. The purpose of the Act is not to permit the court to set attorneys’ fees in actions before it but the purpose is to avoid delay and accrual of damages against one uncertain of his rights and to promote an early adjudication of a controversy between parties without waiting until one of them sues after damages have accrued. Muskegon Piston Ring Co. v. Olsen, 6 Cir., 307 F.2d 85, cert. denied 371 U.S. 952, 83 S.Ct. 508, 9 L.Ed.2d 500.

The motion of the Intervenor to determine attorneys’ fees is overruled.
### §3219. Mailgrams

Any Mailgram sent by the Vice President, a Member of or Member-elect to Congress, the Secretary of the Senate, the Sergeant at Arms of the Senate, an elected officer of the House of Representatives (other than a Member of the House), the Legislative Counsel of the House of Representatives or the Senate, the Law Revision Counsel of the House of Representatives, or the Senate Legal Counsel, and then delivered by the Postal Service, shall be considered as franked mail, subject to section 3216(a)(2) of this title, if such Mailgram contains matter of the kind authorized to be sent by that official as franked mail under section 3210 of this title.

(Added Pub. L. 93–191, §12(a), Dec. 18, 1973, 87 Stat. 746; amended Pub. L. 95–521, title VII, §714(c), Oct. 26, 1978, 92 Stat. 1884; Pub. L. 97–263, §1(4), Sept. 24, 1982, 96 Stat. 1132.)

#### **Editorial Notes**

#### Amendments

1982—Pub. L. 97–263 inserted reference to Law Revision Counsel of House of Representatives.

1978—Pub. L. 95–521 inserted reference to Senate Legal Counsel.

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

#### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–521 effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as an Effective Date note under section 288 of Title 2, The Congress.

#### Effective Date

Section effective Dec. 18, 1973, see section 14 of Pub. L. 93–191, set out as an Effective Date of 1976 Amendment note under section 3210 of this title.
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Exhibit 10.509    
    


 
 

DESCRIPTION OF CHIRON CORPORATION'S
  2003 EXECUTIVE OFFICERS VARIABLE COMPENSATION PROGRAM    
    


Decisions
on compensation (base salary and variable compensation) of Chiron Corporation's ('Chiron' or the 'Company') executive officers are made by the Compensation Committee of the Board of
Directors. 


For
2003, the Compensation Committee continued the Company's approach that base salaries for executive officers should be measured by reference to the median (50th percentile) of salaries for
benchmark positions in comparator companies. Further, the Compensation Committee provided that a significant portion of total cash compensation (salary plus variable compensation) in the form of
annual variable cash compensation potential should be 'at risk,' dependent upon individual, business unit and overall Company performance. Variable cash compensation for executive officers overall was
targeted to yield total cash compensation at the 50% percentile, but with the opportunity to significantly exceed the 50% percentile of total cash compensation as shown by comparative data, in the
case of outstanding Company, business unit, and individual performance. 


The
Compensation Committee based its decisions regarding variable compensation for executive officers upon its evaluation of performance against pre-established performance metrics developed at the
Company, business unit and functional or corporate unit level. 


Variable
compensation for the Chairman and Chief Executive Officer is based on the performance of the Company as measured against the pre-established Company metrics composed of financial objectives
and significant research and business milestones. 



Executive
officers responsible for business units or major functional or corporate units are eligible for variable compensation based on the pre-established Company metrics and on the achievement of
their respective business, functional, or corporate unit metrics. 









QuickLinks



Exhibit 10.509


DESCRIPTION OF CHIRON CORPORATION'S 2003 EXECUTIVE OFFICERS VARIABLE COMPENSATION PROGRAM
The chemical structure of the notified substance is not available; however, the structures below are 

representative of the type of the material that will be used for the production of sulfuric acid.

There is the racemic version and the chiral version.

There are no stereoisomers. There is 

also the , where the double bond is shifted from the to the 

 The structure is 

provided below. There is the racemic version and the chiral version.
#### The Lincoln Building & Saving Association, appellee, v. C. S. Benjamin and E. Benjamin, appellants.

Per Curiam:.

This case being in all respects similar to that of the Lincoln Building & Saving Association v. Michael Graham, it is only necessary to remark that for the reasons given in that case, the loan contracts in this must be held as usurious. The two loans aggregate the sum of one thousand dollars; but it is admitted the defendants received only $590, the balance having been reserved by plaintiff as a bonus on the loans. It is also admitted that the defendants have paid on these loans, in all, the sum of $388.56. Now, under the law relating to interest, the plaintiff is’ entitled only to the payment of the principal of the debt contracted by the *182loan, less the bonus reserved and the payments actually made by the defendant. After making these deductions, we find there is due to the plaintiff, on the two loans, a balance of $201.44. Therefore the usual decree will be rendered for plaintiff for the amount so found due in favor of plaintiff; the plaintiff to pay the costs.

Decree accordingly.
### Faulk, Scott (OST) From: 

### Sent: To: 

### Subject: Carol Lau <kalbichino@aol.com> Wednesday, November27, 2013 11:43 PM EAS (OST) Support MokuleleAirline
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### Have agreatday! kalbichino@aol.com Carol Lau

1
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The USDA Economics, Statistics and Market Information System (ESMIS) contains over 2,100 publications from five agencies of the U.S. Department of Agriculture (USDA). These materials cover U.S. and international agriculture and related      topics. Mann Library at Cornell University developed and maintains this site.

© 2024 USDA Economics, Statistics and Market Information System
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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3556 Enrolled Bill (ENR)]

        H.R.3556

                      One Hundred Twelfth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve

                                 An Act

 
 To designate the new United States courthouse in Buffalo, New York, as 
           the ``Robert H. Jackson United States Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. DESIGNATION.
    The United States courthouse at 2 Niagara Square, Buffalo, New York 
shall be known and designated as the ``Robert H. Jackson United States 
Courthouse''.
SEC. 2. REFERENCES.
    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Robert H. 
Jackson United States Courthouse''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```
### §14132. Transferred

#### **Editorial Notes**

#### Codification

Section 14132 was editorially reclassified as section 12592 of Title 34, Crime Control and Law Enforcement.
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.                  

###### Small Business Administration

          - [Declaration of Disaster #3615]

In accordance with a notice received from the Department of Homeland Security—Federal Emergency Management Agency—effective November 3, 2004, the above numbered declaration is hereby amended to extend the deadline for filing applications for physical damages as a result of this disaster to January 3, 2005.

                    All other information remains the same,                     *i.e.*, the deadline for filing applications for economic injury is May 13, 2005.                

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008.)

Dated: November 18, 2004.

Herbert L. Mitchell,

Associate Administrator for Disaster Assistance.

[FR Doc. 04-26566 Filed 12-1-04; 8:45 am]

BILLING CODE 8025-01-P
#### In the Matter of Otis Harrell, Appellant, v Alice Treadwell, Respondent.

[819 NYS2d 670]

In a proceeding pursuant to Family Court Act article 6, inter alia, to modify a prior order of custody and visitation, entered March 6, 2002, the father appeals from an order of the Family Court, Suffolk County (Mc-Elligott, J.H.O.), entered March 15, 2005, which granted the petition, permitted the mother to relocate with the parties’ child to North Carolina, and established a visitation schedule for the father.

Ordered that the order is affirmed, without costs or disbursements.

After weighing the appropriate factors set forth in *Matter of Tropea v Tropea*(87 NY2d 727 [1996]), the Family Court properly found that it was in the child’s best interest to permit relocation *(see Miller v Pipia,*297 AD2d 362 [2002]).

The father’s remaining contentions are without merit. Florio, J.P., Ritter, Goldstein and Lifson, JJ., concur.
#### Max Luster, Plaintiff in Error, v. Arthur Steingard, Defendant in Error.

Gen. No. 20,710.

(Not to be reported in full.)

Abstract of the Decision.

Attorney and client, § *133*
      ***
      *—when burden on defendant to show negligence in action by attorney for services.*In an action by an attorney to recover for services rendered in defending an action against defendant, where the defense is plaintiff’s negligence, the burden of showing such negligence is on defendant; and where no evidence of negligence is offered, but the jury finds a verdict for defendant, plaintiff’s motion for a new trial should be granted.

Error to the Municipal Court of Chicago; the Hon. Hugh X Kearns, Judge, presiding. Heard in this court at the October term, 1914.

Reversed and remanded.

Opinion filed March 8, 1915.

Statement of the Case.

Action by Max Luster against Arthur Steingard to recover for services rendered in defending an action against defendant.

To reverse a judgment for defendant for two thousand dollars on the verdict of the jury, plaintiff prosecutes this writ of error.

Ernest C. Reniff, for plaintiff in error.

No appearance for defendant in error

See Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Baker

delivered the opinion of the court.
§ 10.61 Time and place of hearing. ( a ) *Notice.* All parties shall be notified of the time and place of hearing, which shall be fixed with due regard for the public interest and the convenience and necessity of the parties and their representatives.
( b ) *Requests for change.* A request for postponement of a hearing or for a change in the place assigned for hearing will be granted by the Administrative Law Judge only for good cause shown.
§ 314.1 Purpose and scope. ( a ) *Purpose.* This part, which implements sections 501 and 505(b)(2) of the Gramm-Leach-Bliley Act, sets forth standards for developing, implementing, and maintaining reasonable administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of customer information.
( b ) *Scope.* This part applies to the handling of customer information by all financial institutions over which the Federal Trade Commission (“FTC” or “Commission”) has jurisdiction. Namely, this part applies to those “financial institutions” over which the Commission has rulemaking authority pursuant to section 501(b) of the Gramm-Leach-Bliley Act. An entity is a “financial institution” if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843(k), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The “financial institutions” subject to the Commission's enforcement authority are those that are not otherwise subject to the enforcement authority of another regulator under section 505 of the Gramm-Leach-Bliley Act, 15 U.S.C. 6805. More specifically, those entities include, but are not limited to, mortgage lenders, “pay day” lenders, finance companies, mortgage brokers, account servicers, check cashers, wire transferors, travel agencies operated in connection with financial services, collection agencies, credit counselors and other financial advisors, tax preparation firms, non-federally insured credit unions, investment advisors that are not required to register with the Securities and Exchange Commission, and entities acting as finders. They are referred to in this part as “You.” This part applies to all customer information in your possession, regardless of whether such information pertains to individuals with whom you have a customer relationship, or pertains to the customers of other financial institutions that have provided such information to you.
[67 FR 36493, May 23, 2002, as amended at 86 FR 70304, Dec. 9, 2021]
FORM 13F COVER PAGE

Report for the Calendar Year or Quarter Ended: June 30, 2011

Check here if Amendment [   ]; Amendment Number:
This Amendment (Check only one.):  [   ] is a restatement.
                                   [   ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:    Continental Casualty Company
Address: 333 S. Wabash
	 Chicago, IL 60604


13F File Number:  28-387

The institutional investment manager filing this report and the
person by whom it is signed hereby represent that the person
signing the report is authorized to submit it, that all
information contained herein is true, correct, and complete, and
that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of
this form.


Person Signing this Report on Behalf of Reporting Manager:

Name:  Lynne Gugenheim
Title: SVP & Deputy General Counsel
Phone: (312) 822 4921
Signature, Place, and Date of Signing:

/s/ Lynne Gugenheim                Chicago, IL                        08/15/2011
---------------------------------  ---------------------------------  ----------
[Signature]                        [City, State]                      [Date]



The securities on which Continental Casualty Company exercises
shared investment discretion have been reported upon by CNA
Financial Corporation on behalf of Continental Casualty Company.

Report Type (Check only one.):

 [    ]              13F HOLDINGS REPORT.

 [  x ]              13F NOTICE.

 [    ]              13F COMBINATION REPORT.

List of Other Managers Reporting for this Manager:

CNAF Financial Corporation

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