alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Olean Medical Group LLP, Respondent Appellant, v Garwood E. Leckband, M.D., Appellant.

(Appeal No. 1.)

[821 NYS2d 335]

Appeal from an order of the Supreme Court, Cattaraugus County (Larry M. Himelein, A.J.), entered November 18, 2005. The order, among other things, granted plaintiffs motion for a preliminary injunction.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking, inter alia, to enforce the covenant not to compete in defendant’s employment agreement with plaintiff. In appeal No. 1, defendant appeals from an order that, inter alia, granted plaintiffs motion for a preliminary injunction and, in appeal No. 2, defendant appeals from an order denying his cross motion to dismiss the complaint for failure to state a cause of action. Addressing first the order in appeal No. 2, we conclude that Supreme Court properly denied defendant’s cross motion to dismiss the complaint. In support thereof, defendant contended that the covenant not to compete does not prohibit him from providing services at a hospital, contrary to the allegations in the complaint, and thus the complaint should be dismissed for failure to state a cause of action. We conclude that the court’s interpretation of the covenant not to compete as including defendant’s employment at a hospital is reasonable, despite the absence of the express term hospital in the covenant not to compete *(see Gismondi, Paglia, Sherling, M.D., P.C. v Franco,*104 F Supp 2d 223, 232 [2000], *vacated in part on other grounds*206 F Supp 2d 597 [2002]).

*1215With respect to appeal No. 1, we conclude that the court properly granted plaintiffs motion for a preliminary injunction, thereby prohibiting defendant from, inter alia, providing physician services at the Olean General Hospital (see *generally Abramo v HealthNow N.Y.,*305 AD2d 1009 [2003]; *Albany Med. Coll. v Lobel,*296 AD2d 701, 702 [2002]; *Novendstern v Mt. Kisco Med. Group, 177*AD2d 623, 624-625 [1991], *lv dismissed*80 NY2d 826 [1992]; *Becher v Peress,*111 AD2d 892 [1985], *lv dismissed*66 NY2d 605 [1985]). Contrary to defendant’s contention, plaintiff established the requisite likelihood of success on the merits, irreparable injury, and a balancing of the equities in its favor (see *generally Tucker v Toia,*54 AD2d 322, 324-325 [1976]). We note in particular that plaintiff established irreparable injury by establishing that money damages could not make it whole and that there was no adequate remedy at law (see *Karpinski v Ingrasci,*28 NY2d 45, 49 [1971]), and plaintiff established a balancing of the equities in its favor by establishing that it brought defendant to the community at great expense to plaintiff and that, but for plaintiff, defendant would not have obtained medical privileges at Olean General Hospital. Present — Pigott, Jr., P.J., Kehoe, Martoche, Smith and Pine, JJ.
**Exhibit32.1**

**Certification of Chief ExecutiveOfficer**

**Pursuantto 18 U.S.C. § 1350, as adopted pursuant to**

**Section906 of the Sarbanes-Oxley Act of 2002**

Pursuant to 18 U.S.C. § 1350, as created bySection 906 of the Sarbanes-Oxley Act of 2002, the undersignedofficer of Eschelon Telecom, Inc. (the “Company”) hereby certifies, tosuch officer’s knowledge, that:

(i)                                     theaccompanying Annual Report on Form 10-K of the Company for the year endedDecember 31, 2006 (the “Report”) fully complies with the requirements ofSection 13(a) or Section 15(d), as applicable, of the SecuritiesExchange Act of 1934, as amended; and

(ii)                                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Sign:                                 | /S/     Richard A. Smith |   |
|---------------------------------------|---------------------------------------------------|--------|
| Richard A. Smith                      |                                              |   |   |   |
| President and Chief Executive Officer |                                              |   |   |   |
| March 12, 2007                        |                                              |   |   |   |
|                                       |                                                   |        |  |  |  |  |

 

----
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.

§ 240.15d-16 Reports of foreign private issuers on Form 6-K [17 CFR 249.306]. ( a ) Every foreign private issuer which is subject to Rule 15d-1 [17 CFR 240.15d-1] shall make reports on Form 6-K, except that this rule shall not apply to: ( 1 ) Investment companies required to file reports pursuant to § 270.30a-1 of this chapter;
( 2 ) Issuers of American depositary receipts for securities of any foreign issuer; and
( 3 ) Asset-backed issuers, as defined in § 229.1101 of this chapter.
( b ) Such reports shall be transmitted promptly after the information required by Form 6-K is made public by the issuer, by the country of its domicile or under the laws of which it was incorporated or organized or by a foreign securities exchange with which the issuer has filed the information.
( c ) Reports furnished pursuant to this rule shall not be deemed to be “filed” for the purpose of section 18 of the Act or otherwise subject to the liabilities of that section.
[32 FR 7849, May 30, 1967, as amended at 44 FR 70137, Dec. 6, 1979; 47 FR 54781, Dec. 6, 1982; 50 FR 27939, July 9, 1985; 56 FR 30075, July 1, 1991; 70 FR 1622, Jan. 7, 2005; 81 FR 82020, Nov. 18, 2016]
### §17354. Annual report

#### (a) Report required

Not later than March 31, 2008, and each March 31 thereafter, the Foundation shall submit to the appropriate congressional committees a report on the implementation of this part during the prior fiscal year.

#### (b) Contents

The report required by subsection (a) shall include—

(1) the total financial resources available to the Foundation during the year, including appropriated funds, the value and source of any gifts or donations accepted pursuant to section 17355(a)(6) of this title, and any other resources;

(2) a description of the Board's policy priorities for the year and the basis upon which competitive grant proposals were solicited and awarded to nongovernmental institutions and other organizations;

(3) a list of grants made to nongovernmental institutions and other organizations that includes the identity of the institutional recipient, the dollar amount, and the results of the program; and

(4) the total administrative and operating expenses of the Foundation for the year, as well as specific information on—

(A) the number of Foundation employees and the cost of compensation for Board members, Foundation employees, and personal service contractors;

(B) costs associated with securing the use of real property for carrying out the functions of the Foundation;

(C) total travel expenses incurred by Board members and Foundation employees in connection with Foundation activities; and

(D) total representational expenses.

(Pub. L. 110–140, title IX, §924, Dec. 19, 2007, 121 Stat. 1736.)

#### **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.
Exhibit No. 32

# Certification of
Steven J. Smith, Chairman and Chief Executive Officer and Paul M. Bonaiuto, Executive
Vice President and Chief  Financial Officer of Journal Communications, Inc.,
pursuant to 18 U.S.C. Section 1350

Solely for the purposes of complying
with 18 U.S.C. s.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, we, the undersigned Chairman and Chief Executive Officer and the Executive Vice
President and Chief Financial Officer of Journal Communications, Inc. (the
Company), hereby certify, based on our knowledge, that the Quarterly Report on
Form 10-Q of the Company for the quarter ended March 26, 2006 (the Report)
fully complies with the requirements of Section 13(a) of the Securities Exchange Act of
1934 and that information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

/s/ Steven J. Smith
                                           Steven J. Smith, Chairman and Chief Executive
Officer April 27, 2006

/s/ Paul M Bonaiuto
                                           Paul M. Bonaiuto, Executive Vice President and
Chief Financial Officer April 27, 2006
#### § 274.24 Form 24F-2, annual filing of securities sold pursuant to registration of certain investment company securities.

###### Cross Reference

Link to an amendment published at 89 FR 60092, July 24, 2024.

Form 24F-2 shall be used as the annual report filed by face amount certificate companies, open-end management companies, and unit investment trusts pursuant to § 270.24f-2 of this chapter for reporting securities sold during the fiscal year.

[62 FR 47940, Sept. 12, 1997]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form 24F-2, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

December 20, 2016

IN RESPONSE, PLEASE

REFER TO: M161215B

MEMORANDUM TO: Victor M. McCree

Executive Director for Operations 

FROM: Annette Vietti-Cook, Secretary /RA/

SUBJECT: STAFF REQUIREMENTS – BRIEFING ON EQUAL

EMPLOYMENT OPPORTUNITY, AFFIRMATIVE 

EMPLOYMENT, AND SMALL BUSINESS , 9:30 A.M., 

THURSDAY, DECEMBER 15, 2016, COMMISSIONERS’ 

CONFERENCE ROOM, ONE WHITE FLINT NORTH, 

ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)

The Commission was briefed by the NRC staff on the agency’s Equal Employment Opportunity, 

Affirmative Employment, and Small Business programs. The Commission was also addressed 

by the Chapter Executive Vice-President of the National Treasury Employee Union (NTEU).

There were no requirements identified for staff action.

cc: Chairman Burns 

Commissioner Svinicki 

Commissioner Baran

OGC

CFO

OCA

OIG

OPA

ODs, RAs, ACRS, ASLBP (via E-Mail)

PDR
#### Samuel J. Singer, as Receiver of Global Wrecking Corp., Respondent, v. Darwin F. Kabat, Individually and Doing Business under the Name of Darwin F. Kabat Company, Appellant.

Order unanimously affirmed, with $20 costs and disbursements to the respondent. No opinion. Present — Peck, P. J., Glennon, Dore, Callahan and Bergan, JJ.
### §2347. Sale of lots to lessees or individual owners

(a) Notwithstanding any other provision of this chapter, the Commission is authorized, immediately upon passage of this chapter, or immediately upon the inclusion of the community within the provisions of this chapter, to offer for sale to the lessees single residential lots, which were leased by competitive bid and which do not have a Government-owned building thereon, at a price equal to the initial valuation of the lot as stated in the lease.

(b) The Commission is authorized to offer for sale, as soon as possible, other lots, to individual owners, upon which single family or duplex houses may be erected, taking into consideration the zoning restrictions the new city is likely to enact with respect to those lots. The zoning restrictions to be taken into account at Los Alamos shall be those which the local government is likely to enact with respect to those lots.

(Aug. 4, 1955, ch. 543, ch. 5, §57, 69 Stat. 478; Pub. L. 87–719, §13, Sept. 28, 1962, 76 Stat. 665.)

#### **Editorial Notes**

#### Amendments

1962—Subsec. (b). Pub. L. 87–719 inserted provision that zoning restrictions to be taken into account at Los Alamos shall be those which the local government is likely to enact with respect to those lots.

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

#### Transfer of Functions

Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of this title. See also Transfer of Functions notes set out under those sections.
### §2393. Payments in anticipation of services; withholding of payments

The payments made pursuant to section 2391 of this title to transferees of municipal installations are in anticipation that the respective recipients of those payments furnish, or have furnished, for the community, the school, hospital, or other municipal services in respect of which the payments are made. Any such payment may be withheld, in whole or in part, if the Administrator finds that the recipient is not furnishing such services for any part of the area so designated.

(Aug. 4, 1955, ch. 543, ch. 9, §93, 69 Stat. 482; Pub. L. 94–187, title VI, §601(1), Dec. 31, 1975, 89 Stat. 1077.)

#### **Editorial Notes**

#### Amendments

1975—Pub. L. 94–187 substituted "Administrator" for "Commission".

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

#### Transfer of Functions

Energy Research and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by sections 7151(a) and 7293 of this title.
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Home                 > Browse by Title > Labor Force Statistics Derived From the Current Population Survey: A Databook

              																								United States. Bureau of Labor Statistics.						"Supplement to Bulletin 2096" in *Labor Force Statistics Derived From the Current Population Survey: A Databook : Bulletin of the United States Bureau of Labor Statistics, No. 2096*			(1984).						https://fraser.stlouisfed.org/title/4772/item/499656, accessed on September 26, 2024.	    

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132 STAT. 5296 PUBLIC LAW 115–396—DEC. 21, 2018 

LEGISLATIVE HISTORY—S. 3628: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Nov. 29, considered and passed Senate. 

Dec. 31, considered and passed House. 

Æ 

Public Law 115–396 

115th Congress 

An Act 

To reauthorize the National Flood Insurance Program. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Flood Insurance Program Extension Act’’. 

SEC. 2. REAUTHORIZATION OF NATIONAL FLOOD INSURANCE PROGRAM. 

(a) FINANCING.—Section 1309(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended by striking 

‘‘December 7, 2018’’ and inserting ‘‘May 31, 2019’’. 

(b) PROGRAM EXPIRATION.—Section 1319 of the National Flood 

Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking 

‘‘December 7, 2018’’ and inserting ‘‘May 31, 2019’’. 

(c) RETROACTIVE EFFECTIVE DATE.—If this Act is enacted after 

December 7, 2018, the amendments made by subsections (a) and 

(b) shall take effect as if enacted on December 7, 2018. 

Approved December 21, 2018. 

42 USC 4016 

note. 

National Flood 

Insurance 

Program 

Extension Act. 

42 USC 4001 

note. 

Dec. 21, 2018 

[S. 3628] 


dkrause on DSKBC28HB2PROD with PUBLAWS
### §§2487e to 2487g. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section 2487e, Pub. L. 102–588, title VI, §606, Nov. 4, 1992, 106 Stat. 5131, related to establishment of electronic data archive. See section 40504 of Title 51, National and Commercial Space Programs.

Section 2487f, Pub. L. 102–588, title VI, §607, Nov. 4, 1992, 106 Stat. 5131; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410, related to establishment of emergency medical service telemedicine capability. See section 40505 of Title 51.

Section 2487g, Pub. L. 102–588, title VI, §608, Nov. 4, 1992, 106 Stat. 5132, related to authorization of appropriations for fiscal year 1993.
,, VIGOR 

ALASKA 

December 1, 2014 

Mr. Kevin Schlemmer, Chief, 

EAS Division Office of Aviation Analysis U.S. Department ofTransportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

Docket OST-1998-4899 

Re: Continuation of Alaska Airlines' Essential Air Service at Cordova, Gustavus, Petersburg, Wrangell, and 

Yakutat Alaska, Docket OST-1998-4899 

Dear Mr. Schlemmer: 

Vigor Alaska, LLC. is the commercial operator of the Ketchikan and Seward shipyards that are owned by 

the Alaska Industrial Development and Export Authority (AIDEA) and City of Seward respectively. State 

planning for the Ketchikan Shipyard began in the mid-1970s to build a viable shipyard enterprise in 

Ketchikan with the goal of reducing the cost of operating commercial, state, and federal marine vessels 

and to strengthen and diversify the state, regional and local economies. 

Frequent, dependable, and affordable air freight and passenger service is essential to the long term 

viability ofthe Ketchikan Shipyard and to the safe, efficient, and dependable operation ofthe Alaska 

Marine Highway System and Inter-Island ferries. On almost a daily basis we require a steady stream of 

technical representatives, vendors, marine engineers, ship inspectors, critical skill workers, and time 

critical materials, parts, machinery, and assemblies to keep Alaska's marine transportation system 

functioning. This demand is increasing as new businesses are looking to move to Ketchikan to support 

the growing marine industrial base that supports Vigor Alaska and the marine vessels operating in the 

region. 

Alaska Airlines' investments in new aircraft and state-of-the-art navigation performance (RNP) upgrades 

have provided the means to maintain critical air service between Cordova, Gustavus, Petersburg, 

Wrangell, and Yakutat and other Alaska transportation hubs even during periods of incredibly inclement 

weather. Many Southeast Alaska communities are coastal communities with no connection to the 

interstate highway and road system and are entirely dependent on marine and air freight and passenger 

transportation service. Air transportation with modern aircraft capable of moving passengers and 

freight frequently, dependably, and afford ably is critical to the economic stability of Southeast Alaska 

and all Alaska coastal communities. 

Our growing demand for frequent, dependable, and affordable air freight and passenger transportation 

service coupled with the regional economic need for year round employment compel us to encourage 
you to select Alaska Airlines to continue providing essential air service to Southeast Alaska as it has 

successfully done for over thirty years. 

Sincerely, 

Doug Ward 

Director of Shipyard Development
Map 3-9

Vegetation Types and Ecoregions on Public Lands in the Western U.S.

Temperate Steppe

Marine

Mediterranean

Subtropical Steppe

Subtropical Desert

Temperate Desert

Source: USDI BLM 2003 

Note: Data are not available for North and South Dakota, 

 Nebraska, Oklahoma, or Texas

Evergreen Forest

Evergreen Woodland

Deciduous Woodland

Evergreen Shrubland

Deciduous Shrubland

Perennial Graminoid

Riparian / Wetland

Other

0 100 200 300 400

Miles

Temperate Steppe

3-89
Editorial Note on Part 140
Editorial Note: Nomenclature changes to part 140 appear at 89 FR 71813, Sept. 4, 2024.

§ 140.76 Delegation of authority to disclose information in a receivership or bankruptcy proceeding. ( a ) Pursuant to sections 2(a)(11) and 8(b) of the Act, the Commission hereby delegates, until such time as the Commission orders otherwise, to the Director of the Division of Enforcement, the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, the General Counsel, or any Commission employee under their direction as they may designate Commission employee under their direction as they may designate, the authority to disclose data and information that would separately disclose the business transactions or market positions of any person and trade secrets or names of customers, when such disclosure is made in any receivership proceeding involving a receiver appointed in a judicial proceeding brought under the Act, or in any bankruptcy proceeding in which the Commission has intervened or in which the Commission has the right to appear and be heard under title 11 of the United States Code.
( b ) Notwithstanding the provisions of paragraph (a), in any case in which the Director of the Division of Enforcement, the Director of the Division of Clearing and Risk, the Director of the Market Participants Division, the General Counsel, or any employee designated by them to make disclosures pursuant to this section believes it appropriate, the matter may be submitted to the Commission for consideration. In addition, the Commission reserves to itself the authority to determine whether to grant a request for information in any particular case.
[49 FR 4464, Feb. 7, 1984, as amended at 67 FR 62352, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013; 89 FR 71813, Sept. 4, 2024]
TECHNICAL SUPPORT DOCUMENT: RESIDENTIAL DISHWASHERS, DEHUMIDIFIERS, AND COOKING PRODUCTS AND COMMERCIAL CLOTHES WASHERS

CHAPTERS

CHAPTER 1 INTRODUCTION CHAPTER 2 ANALYTICAL FRAMEWORK CHAPTER 3 MARKET AND TECHNOLOGY ASSESSMENT CHAPTER 4 SCREENING ANALYSIS CHAPTER 5 ENGINEERING ANALYSIS CHAPTER 6 ENERGY AND WATER USE DETERMINATION CHAPTER 7 MARKUPS FOR EQUIPMENT PRICE DETERMINATION CHAPTER 8 LIFE-CYCLE COST AND PAYBACK PERIOD ANALYSIS CHAPTER 9 TRIAL STANDARD LEVELS CHAPTER 10 SHIPMENTS ANALYSIS CHAPTER 11 NATIONAL IMPACT ANALYSIS CHAPTER 12 LIFE-CYCLE COST SUB-GROUP ANALYSIS CHAPTER 13 MANUFACTURER IMPACT ANALYSIS CHAPTER 14 UTILITY IMPACT ANALYSIS CHAPTER 15 EMPLOYMENT IMPACT ANALYSIS CHAPTER 16 ENVIRONMENTAL ASSESSMENT CHAPTER 17 REGULATORY IMPACT ANALYSIS

APPENDICES

APPENDIX 5A AHAM DATA SUBMITTAL APPENDIX 5B MICROWAVE OVEN STANDBY POWER TESTING REGRESSION METHODOLOGY APPENDIX 5C MICROWAVE OVEN DISPLAY CONFIGURATIONS APPENDIX 6A COOKTOPS AND OVENS: DETERMINATION OF ENERGY-USING

COMPONE NT S

APPENDIX 8A USER INSTRUCTIONS FOR LCC AND PBP SPREADSHEETS APPENDIX 8B UNCERTAINTY AND VARIABILITY APPENDIX 8C LIFETIME DISTRIBUTIONS APPENDIX 8D HOUSEHOLD DISCOUNT RATE DISTRIBUTIONS APPENDIX 10A RELATIVE PRICE ELASTICITY OF DEMAND FOR APPLIANCES APPENDIX 11A USER INSTRUCTION FOR SHIPMENTS AND NIA SPREADSHEETS APPENDIX 11B NATIONAL EQUIPMENT AND OPERATING COSTS APPENDIX 13A THE LOW-VOLUME MANUFACTURER APPENDIX 13B MANUFACTURER IMPACT ANALYSIS INTERVIEW GUIDES APPENDIX 13C GOVERNMENT REGULATORY IMPACT MODEL (GRIM) APPENDIX 14A INTERPOLATION OF UTILITY AND ENVIRONMENTAL RESULTS FROM NEMS-BT OUTPUT APPENDIX 17A REGULATORY IMPACT ANALYSIS SUPPORTING MATERIAL

TOC-i