alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
(November 26, 1951.)

#### Bolmer Brothers, Inc., Appellant, v. Bolmer Construction Company, Inc., Respondent, et al., Defendants.

It is not alleged in the fifth defense that the note and mortgage are invalid or unenforeible, except by reason of a lack of surplus on the part of the respondent. A lack of surplus is no defense to an otherwise valid note and mortgage. It is not alleged in the counterclaim that any part of the moneys there referred to were paid to the appellant, nor does the counterclaim allege any facts upon which liability may be imposed upon appellant for payments made to two individuals who are not parties to the action. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur.
No. II-11-004 January 20, 2011 

CONTACT: Roger Hannah (404) 997-4417 E-mail: OPA2@nrc.gov

 Joey Ledford (404) 997-4416 

NRC SCHEDULES MEETING TO DISCUSS 

INSPECTION OF OCONEE NUCLEAR PLANT ISSUES 

The Nuclear Regulatory Commission staff has scheduled a meeting with officials of 

Duke Energy on Jan. 26 to discuss the agency’s completed corrective action inspection for two 

inspection findings, one “yellow” and one “white,” previously identified at the Oconee nuclear 

power plant, located near Seneca, S.C., about 30 miles west of Greenville. 

The two findings were associated with the plant’s standby shutdown systems, which can 

be used if normal and emergency systems are unavailable. Those findings caused the NRC to 

place the Oconee plant in a category requiring increased oversight and a detailed additional 

inspection. 

 At the meeting, NRC and Duke officials will discuss the NRC inspection and Duke’s 

corrective actions. If those actions have been found by the NRC to be sufficient, oversight and 

inspection of the Oconee plant will return to normal levels. 

The meeting is scheduled for 1:30 p.m. EST in the World of Energy, 7812 Rochester 

Highway near Seneca. The public is invited to observe and NRC staff will be available to answer 

questions after the business portion of the meeting. 

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. As the significance of findings increase, the NRC increases the level of 

oversight for that plant. If a plant takes appropriate corrective actions and improves safety 

performance, the agency returns to its normal, but still extensive, inspection schedule. 

### 

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, Region II 

245 Peachtree Center Ave. NE, Suite 1200 

Atlanta, GA 30303-1257 

Web Site: www.nrc.gov
### §17301. Prohibition on market manipulation

It is unlawful for any person, directly or indirectly, to use or employ, in connection with the purchase or sale of crude oil 1 gasoline or petroleum distillates at wholesale, any manipulative or deceptive device or contrivance, in contravention of such rules and regulations as the Federal Trade Commission may prescribe as necessary or appropriate in the public interest or for the protection of United States citizens.

(Pub. L. 110–140, title VIII, §811, Dec. 19, 2007, 121 Stat. 1723.)

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

#### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

1 So in original. A comma probably should appear.
#### Dallas E. Johnson, Respondent, v. Nina B. Goodwin, Appellant.

Poster, P. J., Heffernan, Brewster, Santry and Bergan, JJ., concur.
### §10604. Transferred

#### **Editorial Notes**

#### Codification

Section 10604 was editorially reclassified as section 20110 of Title 34, Crime Control and Law Enforcement.

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

#### Reports on Amounts Received and Distributed From Fines for Violations of Trade Secrets Provisions

Pub. L. 104–294, title I, §101(c), Oct. 11, 1996, 110 Stat. 3491, required the Attorney General to report to Congress no later than 2 years and 4 years after Oct. 11, 1996, on fines for offenses under chapter 90 of title 18 deposited in the Crime Victims Fund.
§ 12.22 Default proceedings. ( a ) *Institution of a default proceeding.* Failure timely to respond to a complaint or a counterclaim, as required by §§ 12.16 and 12.20 of these rules, or, if applicable, to pay a filing fee required by § 12.25(b) or (c), shall be treated as an admission of the allegations of the complaint or counterclaim by the non-responding party, shall constitute a waiver by such party of any decisional procedure afforded by these Rules on the facts set forth in the complaint or counterclaim, and shall result in the institution of a default proceeding.
( b ) *Default procedure.* Upon a party's failure to respond timely to a complaint or counterclaim as prescribed in §§ 12.16 and 12.20, or timely to comply with § 12.25(b) or (c), the Director of the Office of Proceedings shall forward the pleadings, and other materials then of record, to an Administrative Judge or Administrative Law Judge who may thereafter enter findings and conclusions concerning the questions of violations and damages and, if warranted, enter a reparation award against the non-responding party. If the facts which are treated as admitted are considered insufficient to support a violation or the amount of reparations sought, the Administrative Judge or Administrative Law Judge may order production of supplementary evidence from the party not in default and may enter a default order and an award based thereon.
( c ) *Finality.* A default order issued pursuant to this rule, or pursuant to any other provisions of these part 12 Reparation Rules, shall become the final decision and order of the Commission thirty (30) days after service thereof, unless the order is set aside pursuant to § 12.23(a) of these rules, or unless the Commission takes review of such order on its own motion on or before the thirtieth day.
[49 FR 6621, Feb. 22, 1984, as amended at 57 FR 20638, May 14, 1992; 86 FR 64353, Nov. 18, 2021]
### §17933. Education on health information privacy

#### (a) Regional office privacy advisors

Not later than 6 months after February 17, 2009, the Secretary shall designate an individual in each regional office of the Department of Health and Human Services to offer guidance and education to covered entities, business associates, and individuals on their rights and responsibilities related to Federal privacy and security requirements for protected health information.

#### (b) Education initiative on uses of health information

Not later than 12 months after February 17, 2009, the Office for Civil Rights within the Department of Health and Human Services shall develop and maintain a multi-faceted national education initiative to enhance public transparency regarding the uses of protected health information, including programs to educate individuals about the potential uses of their protected health information, the effects of such uses, and the rights of individuals with respect to such uses. Such programs shall be conducted in a variety of languages and present information in a clear and understandable manner.

(Pub. L. 111–5, div. A, title XIII, §13403, Feb. 17, 2009, 123 Stat. 263.)

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

#### Effective Date

Section effective 12 months after Feb. 17, 2009, except as otherwise specifically provided, see section 13423 of Pub. L. 111–5, set out as a note under section 17931 of this title.
EXHIBIT 32.1
                            CERTIFICATION PURSUANT TO
                                 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly  Report of Cancer  Detection  Corporation  (the
"Company")  on Form 10-Q for the period ended August 31, 2008, as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, David
Kittrell,  Chief Executive  Officer and Chief Financial  Officer of the Company,
certify,  pursuant to 18 U.S.C.  1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

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

The  information  contained  in the  Report  fairly  presents,  in all  material
respects, the financial condition and results of operations of the Company.



Date: October 20, 2008


By:       /s/ David Kittrell
         -----------------------------
         David Kittrell
         Chief Executive Officer and
         Chief Financial Officer
1185571-RB SDMS 

STATE OF COLORADO 

John W. Hickenlooper, Governor 

Christopher E. Urbina, MD, MPH 

Executive Director and Chief Medical Officer 

Dedicated to protecting and improving the health and environment of the people of Colorado 

4300 Cherry Creek Dr. S. Laboratory Services Division 

Denver, Colorado 80246-1530 8100 Lowry Blvd. 

Phone (303) 692-2000 Denver, Colorado 80230-6928 Colorado Department 

Located in Glendale, Colorado (303) 692-3090 rp^ i •. X . , 

http://www.cdphe.state.co.us and Environment 

February 16, 2011 

Linda Kiefer 

Remediation Project Manager 

U.S. EPA, Region 8 

1595 Wynkoop Street (EPR-SR) 

Denver, Colorado 80202 

RE: CDPHE Concurrence on Partial Deletion of Operable Unit 9 of the California Gulch 

Superfund Site 

Dear Ms. Kiefer: 

The Colorado Department of Public Health and Environment has review^ed both the Notice of Intent for 

Partial Deletion and the direct final Notice of Partial Deletion for Operable Unit 9 ofthe California 

Gulch Superfund Site. 

EPA and the State have determined that all appropriate response actions under the Comprehensive 

Environmental Response, Compensation, and Liability Act (CERCLA), other than operation and 

maintenance, monitoring, and five-year reviews, have been completed. Furthermore, institutional 

controls (ICs) are in place in the form of a county ordinance for associated waste piles and in the form of 

the Lake County Community Health Program (LCCHP) Phase 2 Work Plan in order to ensure long-term 

protectiveness ofthe remedy. The LCCHP Phase 2 Work Plan addresses the operation and maintenance 

requirements and serves as part ofthe ICs for Operable Unit 9. EPA will continue to conduct five-year 

reviews. 

Therefore CDPHE agrees that all necessary actions have been taken to delete Operable Unit 9 ofthe 

California Gulch Superfiind Site fi-om the National Priorities List. 

Sincerely, 

Gary Mughma 

Director 

Hazardous Materials and Waste Management Division 

cc: Jason King, AGO 

Doug Jamison, CDPHE 

Dan Scheppers, CDPHE
### §16361. Arctic Engineering Research Center

#### (a) In general

The Secretary of Transportation, in consultation with the Secretary and the United States Arctic Research Commission, shall provide annual grants to a university located adjacent to the Arctic Energy Office of the Department of Energy, to establish and operate a university research center to be headquartered in Fairbanks and to be known as the "Arctic Engineering Research Center" (referred to in this section as the "Center").

#### (b) Purpose

The purpose of the Center shall be to conduct research on, and develop improved methods of, construction and use of materials to improve the overall performance of roads, bridges, residential, commercial, and industrial structures, and other infrastructure in the Arctic region, with an emphasis on developing—

(1) new construction techniques for roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure that are capable of withstanding the Arctic environment and using limited energy resources as efficiently as practicable;

(2) technologies and procedures for increasing road, bridge, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure safety, reliability, and integrity in the Arctic region;

(3) new materials and improving the performance and energy efficiency of existing materials for the construction of roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure in the Arctic region; and

(4) recommendations for new local, regional, and State permitting and building codes to ensure transportation and building safety and efficient energy use when constructing, using, and occupying such infrastructure in the Arctic region.

#### (c) Objectives

The Center shall carry out—

(1) basic and applied research in the subjects described in subsection (b), the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in road, bridge, rail, and infrastructure engineering in the Arctic region; and

(2) an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented.

#### (d) Amount of grant

For each of fiscal years 2006 through 2011, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in subsection (a) to carry out this section.

#### (e) Authorization of appropriations

There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2011.

(Pub. L. 109–58, title IX, §997, Aug. 8, 2005, 119 Stat. 915.)
### §§14043 to 14043a–3. Repealed. Pub. L. 113–4, title I, §104(b), Mar. 7, 2013, 127 Stat. 76

Section 14043, Pub. L. 103–322, title IV, §41002, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2979, related to purpose of this part.

Section 14043a, Pub. L. 103–322, title IV, §41003, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2980, related to grant requirements.

Section 14043a–1, Pub. L. 103–322, title IV, §41004, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2980, related to national education curricula.

Section 14043a–2, Pub. L. 103–322, title IV, §41005, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2981, related to tribal curricula.

Section 14043a—3, Pub. L. 103–322, title IV, §41006, as added Pub. L. 109–162, title I, §105(a), Jan. 5, 2006, 119 Stat. 2981; amended Pub. L. 109–271, §7(c)(2), Aug. 12, 2006, 120 Stat. 765, authorized appropriations for fiscal years 2007 to 2011.

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

#### Effective Date of Repeal

Repeal not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as an Effective Date of 2013 Amendment note under section 2261 of Title 18, Crimes and Criminal Procedure.
### §13336. Coalbed methane recovery

#### (a) Study of barriers and environmental and safety aspects

The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall conduct a study of—

(1) technical, economic, financial, legal, regulatory, institutional, or other barriers to coalbed methane recovery, and of policy options for eliminating such barriers; and

(2) the environmental and safety aspects of flaring coalbed methane liberated from coal mines.

Within two years after October 24, 1992, the Secretary shall submit a report to the Congress detailing the results of such study.

#### (b) Information dissemination

Beginning one year after October 24, 1992, the Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall disseminate to the public information on state-of-the-art coalbed methane recovery techniques, including information on costs and benefits.

#### (c) Demonstration and commercial application program

The Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, shall establish a coalbed methane recovery demonstration and commercial application program, which shall emphasize gas enrichment technology. Such program shall address—

(1) gas enrichment technologies for enriching medium-quality methane recovered from coal mines to pipeline quality;

(2) technologies to use mine ventilation air in nearby power generation facilities, including gas turbines, internal combustion engines, or other coal fired powerplants;

(3) technologies for cofiring methane recovered from mines, including methane from ventilation systems and degasification systems, together with coal in conventional or clean coal technology boilers; and

(4) other technologies for producing and using methane from coal mines that the Secretary considers appropriate.

(Pub. L. 102–486, title XIII, §1306, Oct. 24, 1992, 106 Stat. 2974.)
#### § 5.10 Cross-reference to executive branch-wide regulations.

Commissioners and employees, including special government employees, of the Federal Trade Commission are subject to and should refer to the executive branch-wide financial disclosure regulations at 5 CFR part 2634, and to the procedures for filing and review of financial disclosure reports found in Chapter 3 of the FTC *Administrative Manual.*

[58 FR 15765, Mar. 24, 1993]
#### Sam Panish, Appellant, v Stephen R. Steinberg et al., Respondents.

[819 NYS2d 549]

In an action to recover damages for abuse of process, the plaintiff appeals from an order of the Supreme Court, Nassau County (Ayres, J.), entered April 20, 2005, which granted that branch of the defendants’ motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action.

Ordered that the order is affirmed, with costs to the respondent Stephen R. Steinberg.

The plaintiff contends that the filing of a notice of pendency by the defendants in connection with an action commenced by the defendant Karen Panish and her attorney, the defendant Stephen R. Steinberg, to impose a constructive trust on certain real property held in the plaintiffs name, constituted an abuse of process. The Supreme Court properly granted that branch of the defendants’ motion which was to dismiss the complaint for failure to state a cause of action to recover damages for abuse of process. Abuse of process has three essential elements: (1) regularly issued process, either civil or criminal (2) an intent to harm without excuse or justification and (3) use of process in a perverted manner to obtain a collateral objective *(see Curiano v*
      *384
      *Suozzi,*63 NY2d 113 [1984]; *Board of Educ. of Farmingdale Union Free School Dist. v Farmingdale Classroom Teachers Assn., Local 1889, AFT AFL-CIO,*38 NY2d 397, 403 [1975]). Here, the second and third requirements have not been satisfied. The plaintiff failed to allege any actual misuse of the notice of pendency to obtain an end outside its proper scope *(see Hornstein v Wolf,*67 NY2d 721, 723 [1986]; *Hauser v Bartow,*273 NY 370, 374 [1937]; *Berman v Silver, Forrester & Schisano,*156 AD2d 624 [1989]; *cf. Board of Educ. of Farmingdale Union Free School Dist. v Farmingdale Classroom Teachers Assn. Local 1889, AFT AFL-CIO, supra).*Schmidt, J.P., Ritter, Santucci and Lunn, JJ., concur.
EXHIBIT
10.22(i)


 


June 2, 2005


 


Angostura Limited


Corner Eastern Main Road and Trinity Avenue


Laventille, Trinidad and Tobago


Attn:  Lawrence Duprey


 


Dear Mr. Duprey:


 


Reference is made to the Stock Purchase Agreement between V&S Vin
and Sprit AB (Buyer) and Angostura Limited (Seller) whereby Seller is selling
all of its shares of Cruzan International, Inc. (Cruzan) to Buyer.


 


We have agreed that in recognition of the services of Jay Maltby, Ezra
Shashoua and Tom Valdes, as well as other members of management (such other
members to be determined in the absolute discretion of Maltby, Valdes and
Shashoua), Seller or an affiliate of Seller shall pay the above mentioned
individuals the full amount of US Dollars 9,000,000, without setoff or
withholding of any kind, if the Stock Purchase Agreement is consummated and
upon receipt of the purchase price from Buyer. 
The payment will be made by wire transfer to an account designated by
the individuals named above within 24 hours of such payment by Buyer.  This payment is a bonus payable by Seller and
not by Cruzan (and conveys no obligation to Cruzan to make such payment) in
recognition of the exemplary services that the individuals mentioned above have
made in increasing the value of Cruzan over the time period that the reference
shares were held by Angostura.


 


This letter agreement conveys no rights as third party beneficiaries or
otherwise to any parties other than the signatories to this agreement.  It shall be in the sole and absolute
discretion of Maltby, Shashoua and Valdes as to the allocation of the bonus to
themselves and other select members of Cruzan management.


 


Very Truly Yours


 


 


	
  /s/ Jay Maltby

  	
   

  
	
   

  
	
   

  
	
  /s/ Ezra Shashoua

  	
   

  
	
   

  
	
   

  
	
  /s/ Tom Valdes

  	
   

  
				



 


 


Agreed to and Accepted this 2nd day of June, 2005-06-05


 


Lawrence A. Duprey, Chairman of the Board, Angostura Limited


 


	
   

  	
  Witness:

  
	
   

  	
   

  
	
   

  	
   

  	
  /s/ Arnaud
  De Trabuc
#### The People of the State of New York, Respondent, v Terry A. Vaughan, Appellant.

[820 NYS2d 921]

Judgment unanimously affirmed. Counsel’s motion to be relieved of assignment granted *(see People v Crawford,*71 AD2d 38 [1979]). (Appeal from Judgment of Jefferson County Court, Kim H. Martusewicz, J. — Bail Jumping, 2nd Degree). Present — Pigott, Jr., EJ., Kehoe, Martoche, Smith and Pine, JJ.
#### § 313.16 Protection of Fair Credit Reporting Act.

Nothing in this part shall be construed to modify, limit, or supersede the operation of the Fair Credit Reporting Act (15 U.S.C. 1681 *et seq.*), and no inference shall be drawn on the basis of the provisions of this part regarding whether information is transaction or experience information under section 603 of that Act.