alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hannah Froelich, Respondent, and Louis Christian Froelich II, Respondent-Appellant, v Pamela Skidmore et al., Appellants-Respondents.

[823 NYS2d 120]

*703Order, Supreme Court, New York County (Milton A. Tingling, J.), entered November 25, 2005, which denied the motion of plaintiff Louis Christian Froelich II for summary judgment dismissing defendants’ counterclaim and defendants’ cross motion to dismiss the action on grounds of forum non conveniens, unanimously affirmed, without costs.

The vague affidavits submitted by both sides leave material factual questions as to the timing and location of the infant plaintiffs discharge from Louis Froelich II’s vehicle immediately prior to being struck by a second vehicle. Accordingly, a grant of summary judgment dismissing the counterclaim alleging negligence on Louis Froelich II’s part would not have been proper. In addition, Supreme Court did not improvidently exercise its discretion in denying, without prejudice to renewal, the cross motion to dismiss the action on forum non conveniens grounds. Discovery had not yet taken place and dismissal on forum non conveniens grounds could adversely affect the ability of the parties to obtain discovery from the police and medical providers who responded to the scene or provided treatment. Accordingly, the cross movants did not meet their burden of showing that New York is not a convenient forum *(Banco Ambrosiano v Artoc Bank & Trust,*62 NY2d 65, 74 [1984]). Concur — Andrias, J.P., Marlow, Sweeny, McGuire and Malone, JJ.
[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Notices]
[Page 70994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26858]


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

DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration

[04-A-W]


Designation of Kansas to Provide Class X or Class Y Weighing 
Services

AGENCY: Grain Inspection, Packers and Stockyards Administration (USDA).

ACTION: Notice.

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

SUMMARY: GIPSA announces the designation of Kansas Grain Inspection 
Service, Inc., (Kansas) to provide Class X or Class Y weighing services 
under the United States Grain Standards Act, as amended (Act).

EFFECTIVE DATE: October 8, 2004.

ADDRESSES: USDA, GIPSA, Janet M. Hart, Chief, Review Branch, Compliance 
Division, STOP 3604, Room 1647-S, 1400 Independence Avenue, SW., 
Washington, DC 20250-3604.

FOR FURTHER INFORMATION CONTACT: Janet M. Hart, at 202-720-8525, e-mail 
<a href="/cdn-cgi/l/email-protection#3a705b545f4e147714725b484e7a4f495e5b145d554c"><span class="__cf_email__" data-cfemail="d79db6b9b2a3f99af99fb6a5a397a2a4b3b6f9b0b8a1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This action has been reviewed and determined 
not to be a rule or regulation as defined in Executive Order 12866 and 
Departmental Regulation 1512-1; therefore, the Executive Order and 
Departmental Regulation do not apply to this action.
    In the May 22, 2003, Federal Register (68 FR 27983), GIPSA 
announced the designation of Kansas to provide official inspection 
services under the Act, effective July 1, 2003, and ending June 30, 
2006. Subsequently, Kansas asked GIPSA to amend their designation to 
include official weighing services. Section 7A(c)(2) of the Act 
authorizes GIPSA's Administrator to designate authority to perform 
official weighing to an agency providing official inspection services 
within a specified geographic area, if such agency is qualified under 
Section 7(f)(1)(A) of the Act. GIPSA evaluated all available 
information regarding the designation criteria in Section 7(f)(1)(A) of 
the Act, and determined that Kansas is qualified to provide official 
weighing services in their currently assigned geographic area.
    Effective June 25, 2004, and terminating June 30, 2006 (the end of 
Kansas' designation to provide official inspection services), Kansas' 
present designation is amended to include Class X or Class Y weighing 
within their assigned geographic area, as specified in the November 22, 
2002, Federal Register (67 FR 70397). Official services may be obtained 
by contacting Kansas at 785-233-7063.

    Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 
71 et seq.).

    Dated: December 2, 2004.
Donna Reifschneider,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 04-26858 Filed 12-7-04; 8:45 am]
BILLING CODE 3410-EN-P


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</html>
### **CHAPTER 20A—CIVIL RIGHTS COMMISSION**

Sec.
1975.
Establishment of Commission.
1975a.
Duties of Commission.
1975b.
Administrative provisions.
1975c.
Authorization of appropriations.
1975d.
Termination.
1975e, 1975f. Omitted.

#### **Editorial Notes**

#### Codification

A prior chapter 20A, which provided for the establishment of a Commission on Civil Rights in the executive branch, was comprised of part I (§§101–106) of Pub. L. 85–315, Sept. 9, 1957, 71 Stat. 634, and was omitted from the Code in view of the termination of the Commission 60 days after the submission of the Commission's final report which was due not later than Sept. 30, 1983.
DIRECTV HOLDINGS LLC

Exhibit 32.4

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

In connection with the Quarterly Report of DIRECTV Financing Co., Inc. (the "Corporation") on Form 10-Q for the period ended
September 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Patrick T. Doyle, Senior Vice President and Chief Financial Officer of the
Corporation, 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:

|                                                                                       |  | 
|-------------------------------------------------------------------------------------- |  | 
|/s/ PATRICK T. DOYLEPatrick T. Doyle
Senior Vice President and Chief Financial Officer |  | 
|November 7, 2007                                                                       |  | 

---



QuickLinks
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.17g-4 Prevention of misuse of material nonpublic information. ( a ) The written policies and procedures a nationally recognized statistical rating organization establishes, maintains, and enforces to prevent the misuse of material, nonpublic information pursuant to section 15E(g)(1) of the Act (15 U.S.C. 78o-7(g)(1)) must include policies and procedures reasonably designed to prevent: ( 1 ) The inappropriate dissemination within and outside the nationally recognized statistical rating organization of material nonpublic information obtained in connection with the performance of credit rating services;
( 2 ) A person within the nationally recognized statistical rating organization from purchasing, selling, or otherwise benefiting from any transaction in securities or money market instruments when the person is aware of material nonpublic information obtained in connection with the performance of credit rating services that affects the securities or money market instruments; and
( 3 ) The inappropriate dissemination within and outside the nationally recognized statistical rating organization of a pending credit rating action before issuing the credit rating on the Internet or through another readily accessible means.
( b ) For the purposes of this section, the term *person within a nationally recognized statistical rating organization* means a nationally recognized statistical rating organization, its credit rating affiliates identified on Form NRSRO, and any partner, officer, director, branch manager, and employee of the nationally recognized statistical rating organization or its credit rating affiliates (or any person occupying a similar status or performing similar functions).
### §14165b. Transferred

#### **Editorial Notes**

#### Codification

Section 14165b was editorially reclassified as section 50503 of Title 34, Crime Control and Law Enforcement.
###### Editorial Note on Part 140

#### Editorial Note:

Nomenclature changes to part 140 appear at 89 FR 71813, Sept. 4, 2024.

#### § 140.735-1 Authority and purpose.

This subpart sets forth specific standards of conduct required of Commission members, employees of the Commission, and special government employees as well as regulations concerning former Commissioners, employees, and special government employees of the Commodity Futures Trading Commission. These rules are separate from and in addition to the Office of Government Ethics' conduct rules, Standards of Ethical Conduct for Employees of the Executive Branch, 5 CFR part 2635. In addition, this subpart contains references to various statutes governing employee conduct in order to aid Commission members, employees of the Commission and others in their understanding of statutory restrictions and requirements.[1] Absent compelling countervailing reasons, all Commission members and employees are subject to all the terms of this section.

[67 FR 5939, Feb. 8, 2002]

###### Footnotes -
  140.735-1

[1] These references, however, do not purport to cover all restrictions and requirements, and paraphrased restatements of statutory provisions are not intended to be, and should not be construed as, verbatim quotations of the law. Statutory text should be consulted in any situation in which it might apply.
#### The People of the State of New York, Respondent, *v.*Abraham Goldstein, Appellant.

First Department,

October 20, 1916.

Crime—false representation as to merchandise exposed for sale — Penal Law, section 3354—proof not justifying conviction.

A salesman in a haberdashery store cannot be convicted of a misdemeanor for knowingly exposing for sale articles of merchandise which he is alleged falsely to have represented to be “Manhattan” shirts, contrary to subdivision 8 of section 2354 of the Penal Law, merely upon proof that there was displayed in the show window a card bearing the word “ Manhattan ” placed against shirts exposed for sale, where the 'proof shows that when questioned by a customer he stated that they had no “ Manhattan" shirts, and he had no part in dressing the window or placing the sign, and the proprietor of the store testifies that at the time he actually had “ Manhattan” shirts in his store for sale.

Appeal by the defendant, Abraham Goldstein, from a judgment of conviction by the Court of Special Sessions of the City of New York, rendered December 17, 1915, upon a charge of misdemeanor for unlawfully and knowingly exposing for sale an article of merchandise which he falsely represented to be shirts made by an association called the Manhattan Shirt Company, in violation of the Penal Law, section 2354, subdivision 8, added by Laws of 1914, chapter 332.

The defendant was a salesman in a haberdashery store. On September 28, 1915, a number of shirts were stacked up in the store window. Leaning against the shirts was a large sign, a conspicuous feature of which was the word “Manhattan” in script. This word was practically a *facsimile*of the trade mark of the Manhattan Shirt Company. This sign had been in the window for several days. The defendant was not the proprietor of the store, but there was evidence to the effect that he was in temporary charge of the store on the occasion in question. That, however, was disputed. A salesman employed by the Manhattan Shirt Company saw the display in the window and went in and asked to see some Manhattan shirts. He was told by the defendant that they had no Manhattan shirts. The defendant did not sell any shirt as a Man*504hattan shirt. It was admitted by the proprietor of the store that the sign was intended to convey the impression that Manhattan shirts were for sale there. He claimed that they had Manhattan shirts in the store at the time. The defendant had nothing to do with the dressing of the window or the placing of the sign in it.

*Abraham M. Grill,*for the appellant.

*Robert S. Johnstone,*for the respondent.

Per Curiam:

We are of opinion that the defendant committed no act in violation of section 2354, subdivision 8, of the Penal Law, under which he was convicted. The judgment is, therefore, reversed and the prisoner discharged from custody.

Present—Clarke, P. J., McLaughlin, Scott, Dowling and Smith, JJ.

Judgment reversed and prisoner discharged. Order to be settled on notice.
[Civil No. 277.]

#### CLARINDA A. WAKEFIELD, Appellee, v. THE SOUTHERN PACIFIC COMPANY, Appellant.

APPEAL from the District Court of the First Judicial District in and for the County of Pima. William H. Barnes, Judge.

January 16, 1890.

J. A. Zabriskie, and William Herring, for Appellant.

William M. Lovell, and R. D. Ferguson, for Appellee.

PER CURIAM.

This cause was submitted to the court on the transcript and brief of appellee, and the court having duly considered the same, and being fully advised in the premises, orders that judgment be entered herein affirming the judgment of the lower court, with costs against the appellant and the sureties on the appeal bond, together with ten (10) per cent damages.

Affirmed.
5314.407-3 Other Mistakes Disclosed Before Award       (e) See MP5301.601(a)(i).         (h) The contracting officer shall maintain the records required by FAR 14.407-3(h) in the contract file.     **Parent topic:** Subpart 5314.4 - OPENING OF BIDS AND AWARD OF CONTRACT
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 #3623] 

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 December 17, 2004. 

                    All other information remains the same,                     *i.e.*, the deadline for filing applications for economic injury is June 10, 2005.                 

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

Dated: November 10, 2004. 

Herbert L. Mitchell, 

Associate Administrator for Disaster Assistance. 

[FR Doc. 04-25940 Filed 11-22-04; 8:45 am] 

BILLING CODE 8025-01-P
Subpart 5341. 1 – GENERAL

Parent topic: Part 5341 - Acquisition of Utility Services

5341.102 Applicability

(b)(3) When contracting for CATV services, ensure compliance with 47 U.S.C. 521-573, Cable

Communications.
#### Joseph Napolsky, Respondent, v. Sol Napp, Appellant.

Appeal by defendant from an order denying his motion for judgment on the pleadings and for summary judgment in an action for breach of contract and for the return of certain shares of stock sold by plaintiff to defendant. Order affirmed, without costs. No opinion. Nolan, P. J., Wenzel, MacCrate, Beldock and Ughetta, JJ., concur.
### §17951. Relationship to other laws

#### (a) Application of HIPAA State preemption

Section 1178 of the Social Security Act (42 U.S.C. 1320d–7) shall apply to a provision or requirement under this subchapter in the same manner that such section applies to a provision or requirement under part C of title XI of such Act [42 U.S.C. 1320d et seq.] or a standard or implementation specification adopted or established under sections 1172 through 1174 of such Act [42 U.S.C. 1320d–1 to 1320d–3].

#### (b) Health Insurance Portability and Accountability Act of 1996

The standards governing the privacy and security of individually identifiable health information promulgated by the Secretary under sections 262(a) and 264 of the Health Insurance Portability and Accountability Act of 1996 shall remain in effect to the extent that they are consistent with this subchapter. The Secretary shall by rule amend such Federal regulations as required to make such regulations consistent with this subchapter.

#### (c) Construction

Nothing in this subchapter shall constitute a waiver of any privilege otherwise applicable to an individual with respect to the protected health information of such individual.

(Pub. L. 111–5, div. A, title XIII, §13421, Feb. 17, 2009, 123 Stat. 276.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this subtitle", meaning subtitle D (§13400 et seq.) of title XIII of div. A of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 258, which is classified principally to this subchapter. For complete classification of subtitle D to the Code, see Tables.

The Social Security Act, referred to in subsec. (a), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part C of title XI of the Act is classified generally to part C (§1320d et seq.) of subchapter XI of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

The Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b), is Pub. L. 104–191, Aug. 21, 1996, 110 Stat. 1936. Section 262(a) of the Act enacted sections 1320d to 1320d–8 of this title. Section 264 of the Act is set out as a note under section 1320d–2 of this title. For complete classification of this Act to the Code, see Short Title of 1996 Amendments note set out under section 201 of this title and Tables.
#### § 230.609 Reports of sales hereunder.

Within 30 days after the end of each six-month period following the date of the original offering circular, or of the statement required by § 230.606, the issuer or other person for whose account the securities are offered shall file with the Commission four copies of a report on Form 2-E[1] containing the information called for by that form. A final report shall be made upon completion or termination of the offering and may be made prior to the end of the six-month period in which the last sale is made.

###### Footnotes -
  230.609

[1] Filed as part of original document.
**EXHIBIT 31.1****CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER**I, Vincent F. Sollitto Jr., certify that:1. I have reviewed this quarterly report on Form 10-Q of Brillian Corporation; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations, and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have: a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, to ensurethat material information relating to the registrant, is made known to us by otherswithin those entities, particularly during the period in which this report is beingprepared;  b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness ofthe disclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and  c) Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materially affect,the registrant’s internal control over financial reporting.5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunction): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likelyto adversely affect the registrant’s ability to record, process, summarize andreport financial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.Date: November 14, 2005              /s/ Vincent F. Sollitto Jr.   Vincent F. Sollitto Jr.   President and Chief Executive Officer
### §1437q. Financing limitations

On and after October 1, 1983, the Secretary—

(1) may only enter into contracts for annual contributions regarding obligations financing public housing projects authorized by section 1437c(c) of this title if such obligations are exempt from taxation under section 1437i(b) of this title, or if such obligations are issued under section 1437b of this title and such obligations are exempt from taxation; and

(2) may not enter into contracts for periodic payments to the Federal Financing Bank to offset the costs to the Bank of purchasing obligations (as described in the first sentence of section 2294(b) of title 12) issued by local public housing agencies for purposes of financing public housing projects authorized by section 1437c(c) of this title.

(Sept. 1, 1937, ch. 896, title I, §19, as added Pub. L. 98–181, title I [title II, §215], Nov. 30, 1983, 97 Stat. 1185; renumbered title I, Pub. L. 100–358, §5, June 29, 1988, 102 Stat. 681.)
Issue Date: 09/04/14 1 14-020 

 NRC INSPECTION MANUAL DIRS 

Change Notice 14-020

 DELETED: TRANSMITTED: 

 Number Date Number Date

1. IMC 0308 11/08/07 IMC 0308 09/04/14 

2. IMC 0612 Exh 2 07/15/13 IMC 0612 Exh 2 09/04/14 

3. IP 82401 09/04/14 

4. IP 82501 09/04/14 

TRAINING: No 

REMARKS: IMC 0308, “Reactor Oversight Process Basis Document,” has been revised to 

incorporate reintegration of security into the ROP Action Matrix, update 

Commission direction, include a discussion on appealing cross-cutting aspects, 

and remove the acronym section. 

 IMC 0612 Exhibit 2, “Inspection Report Document Matrix,” has revised Note 2 – 

minor performance deficiencies and observation related to allegation follow-up 

are not normally discussed in reports. 

 IP 82401, “Decommissioning Emergency Preparedness Scenario Review and 

Exercise Evaluation,” is an initial issuance. Completed a four year search for 

commitments and found none. 

 IP 82501, “Decommissioning Emergency Preparedness Program Evaluation,” is 

an initial issuance. Completed a four year search for commitments and found 

none. 

DISTRIBUTION: Standard 

END