alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* The Honorable Curtis L. Collier, Chief United St ates District Judge for the Eastern District of Tennessee, sitting by designation. NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 06a0615n.06

Filed: August 22, 2006 No. 05-4042 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

KENTUCKY HOUSEHOLD GOODS CARRIERS ASSOCIATION, INC., Petitioner,

v. FEDERAL TRADE COMMISSION, Respondent. ) ) ) ) ) ) ) ) ) ) ON PETITION FOR REVIEW OF AN ORDER OF THE FEDERAL TRADE COMMISSION

Before: DAUGHTREY and COOK, Circuit J udges; and COLLIER, District Judge. *
PER CURIAM. Kentucky Household Goods Carri er Association petitions this court for review of a Federal Trade Commission order affirm ing an administrative law judge’s decision that the Association’s ratemaking activities constituted unlawful horizontal price fixing, unexempted from antitrust scrutiny by the “state-action” doctr ine. We agree with the Commission and adopt as the panel’s opinion, the reasoning, fi ndings of fact, and legal conclusions of the ALJ’s decision, as reviewed and explained in the Commission’s order, and briefly discuss the arguments posed by this appeal.No. 05-4042 Kentucky Household v. FTC

- 2 - In view of the scant eviden ce demonstrating that the Kentucky Transportation Cabinet, the state agency authorized to fix or approve the ra tes charged by the Association’s members, actively supervised the Association, we cannot say the Co mmission erred in finding the state-action doctrine inapplicable here. Among other things, the Cabinet held no hearings regarding the Association’s proposed rate increases, provided no notice of impending rate changes, and published no written decision explaining its reasons for implementing rate changes. This inaction demonstrates that the state did not exercise “sufficient independent judgm ent and control so that the details of the rates or prices [were] established as a product of deliberate state intervention.” FTC v. Ticor Title Ins.
Co. , 504 U.S. 621, 634 (1992). The spurious d istinctions the Association draws between its case and the authorities relied upon below, namely Ticor , 504 U.S. 621 and Cal. Retail Liquor Dealers Ass’n v. Midcal Aluminum, 445 U.S. 97 (1980), do not convince us otherwise.
Moreover, the Cabinet did not participate in the trial before the ALJ (except to make a closing argument) or seriously pursue intervention on appeal. And the state attorney general, in its
amicus curiae brief filed in support of the Commission, asse rted: “[T]he FTC’s Decision and Order is consistent with and fully supported by Kentucky law.” Such lackluster support for the claimed ratemaking role played by the state (the intended beneficiary of the state-action exemption) further supports the Commission’s conclusion that the exemption is inapplicable here. Cf. Midcal , 445 U.S. at 112 n.12 (commenting the State of California “has shown less than an enthusiastic interest in its wine pricing system” in finding that th e state-action exemption did not apply).No. 05-4042 Kentucky Household v. FTC

- 3 - We deny the petition for review.
#### The People of the State of New York ex rel. The Utica Sunday Tribune Company, Appellant, v. Francis M. Hugo, as Secretary of the State of New York, and Garry A. Willard, Respondents.

Motion granted.
#### In the Matter of Lamar Rashard Justin Trevon B., an Infant. Dorothy B., Appellant; Association to Benefit Children, Respondent.

[821 NYS2d 186]

*755Order of disposition, Family Court, New York County (Sara E Schecter, J.), entered on or about May 27, 2005, terminating respondent’s parental rights to the subject child and committing the child’s guardianship and custody to petitioner agency and the Commissioner of the Administration for Children’s Services of the City of New York for the purposes of adoption, following a fact-finding determination of mental illness, unanimously affirmed, without costs.

The finding of mental illness (Social Services Law § 384-b [4] [c]; [6] [a]) is supported by the requisite clear and convincing evidence, namely, the psychologist’s uncontroverted testimony (Social Services Law § 384-b [6] [c]). There is no indication that the court coached petitioner to amend the petition to assert mental illness, or was otherwise biased against respondent. Concerning the amendment, the record shows only that petitioner’s attorney asked if all counsel could approach the bench, and that following an off-the-record conference, the court stated that the petition would be amended to add a claim of mental illness. The amendment was properly allowed in the absence of prejudice and upon conditions that averted surprise. The court, in accordance with respondent’s attorney’s request, appointed a guardian ad litem for respondent, who had the right to attend respondent’s mental health evaluation, and also granted respondent’s attorney’s request to retain an expert to assist in respondent’s defense. Had the motion been denied, petitioner could simply have filed a new petition alleging mental illness. We have considered and rejected respondent’s other arguments. Concur — Tom, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.
#### Anna G. Oelkers et al., Appellants, v. Carl Hulseberg et al., Respondents.

No opinion. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [200 Mise. 352.]
#### In the Matter of City of Syracuse Industrial Development Agency, Respondent, Relative to Acquiring Certain *1339Interests in the Carousel Center Site for the Phased Public Project Known as DestiNY USA. DSW Shoe Warehouse, Inc., Appellant; Carousel Center Company, L.P., Respondent.

(Appeal No. 7.)

[821 NYS2d 517]

Appeal from an order of the Supreme Court, Onondaga County (John V Centra, J.), entered May 12, 2006 in a proceeding pursuant to EDPL article 4. The order, among other things, denied the motion of respondent DSW Shoe Warehouse, Inc. to dismiss the petition, granted the petition and authorized petitioner to acquire by condemnation certain Carousel Center interests of that respondent.

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

Same memorandum as in *Matter of City of Syracuse Indus. Dev. Agency (J.C. Penney Corp., Inc.*— Carousel *Ctr. Co.,*L.P.) (32 AD3d 1332 [2006]).

All concur except Hurlbutt, J.P., who dissents and votes to reverse in accordance with the same dissenting memorandum as in *Matter of City of Syracuse Indus. Dev. Agency (J.C. Penney Corp., Inc.*— Carousel *Ctr. Co.,*L.P.) (32 AD3d 1332 [2006]). Present — Hurlbutt, J.P., Scudder, Gorski and Green, JJ.
I 

112TH CONGRESS 

2D SESSION H. R. 3953 

To suspend temporarily the duty on mixtures of Cobaltate (2-) and Cobaltate 

(3-). 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2012 

Mr. WATT introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL 

To suspend temporarily the duty on mixtures of Cobaltate 

(2-) and Cobaltate (3-). 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MIXTURES OF COBALTATE (2-) AND COBALTATE 

4 (3-). 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•HR 3953 IH

‘‘ 9902.01.00 Mixtures of (Cobaltate(2-), 

[2-[[[4-(hydroxy-kO)-3-[2-[2- 

(oxo-kO)-1- 

[(phenylamino)carbonyl]propyl]diazenylkN1] 

phenyl]sulfonyl]amino]benzoato(3- 

)][2-[2-[2-(hydroxy-kO)-5- 

[(phenylamino)sulfonyl]phenyl]diazenylkN1] -3-(oxo-kO)-Nphenylbutanamidato(2-)]- 

,ammonium sodium) (CAS 

No. 125352–03–6) (provided 

for in subheading 

3204.12.45) and 

(Cobaltate(3-), bis[2-[[[4-(hydroxy-kO)-3-[2-[2-(oxo-kO)-1- 

[(phenylamino)carbonyl]propyl]diazenylkN1] 

phenyl]sulfonyl]amino]benzoato(3- 

)]-,ammonium sodium) (CAS 

No. 125352–02–5) (provided 

for in subheading 

3204.12.45) ........................... Free No change No change On or before 

12/31/2014 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
#### §§ 230.445-230.447 [Reserved]
[Federal Register Volume 69, Number 235 (Wednesday, December 8, 2004)]
[Notices]
[Pages 70995-70996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26924]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of a Change to the Public Meeting of the 
Florida Advisory Committee Which was Published in Federal Register on 
November 29, 2004 (Doc <greek-i>) 26264

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the Florida Advisory Committee to the Commission will convene at 8:30 
a.m. and adjourn at 1:30 p.m. on December

[[Page 70996]]

10, 2004, at the U.S. Small Business Administration, 100 South Biscayne 
Blvd. 7th fl. Rm. 100, Miami, FL 33131. The purpose of the meeting is 
to determine what Civil Rights issues will be reviewed as a project.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Ivy Davis, Chief of the Regional 
Programs Coordination Unit, (202) 376-7700 (TDD 202-376-8116). Hearing-
impaired persons who will attend the meeting and require the services 
of a sign language interpreter should contact the Regional Office at 
least ten (10) working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, December 2, 2004.
Ivy L. Davis,
Chief, Regional Programs Coordination Unit.
[FR Doc. 04-26924 Filed 12-7-04; 8:45 am]
BILLING CODE 6335-01-P
#### Robert Garlock et al., as Executors of Alfred Leshen, Deceased, et al., Respondents, v. Harry Friedman, Appellant.

In an action on a cheek, defendant appeals from an order granting plaintiffs’ motion for summary judgment *730pursuant to rule 113 of the Rules of Civil Practice, and from a judgment in favor of plaintiffs entered thereon. Order and judgment reversed, with $10 costs and disbursements, and motion denied, with $10 costs. After appellant had stopped payment on the check in suit, which represented the down payment under a contract for the assignment of a lease and purchase of a business, respondents notified appellant that they elected, to terminate the contract and to hold him liable for all damages sustained as a result of his breach. Thereafter, and prior to the date set for the closing of said contract, respondents consummated a sale of the subject matter thereof to a third party. The present action was not commenced until subsequent to that sale. In our opinion, by these acts respondents manifested an election to hold appellant for damages for his breach of the contract and could not then sue for a part of the purchase price thereunder. *(Supreme Housing Corp.*v. *Schreiber,*125 Misc. 817; cf. *Palmer*v. *Golden,*221 App. Div. 360.) The check and the contract were executed and delivered simultaneously and thus constituted a single transaction. *(Hauben*v. *Waxman,*281 App. Div. 1031.) Respondents, therefore, have not established that they are entitled to judgment pursuant to rule 113. Rolan, P. J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. § 1350

In connection with the Quarterly Report on Form 10-Q for the period ended September 30, 2010 (the Form 10-Q) of Surrey Bancorp (the Company), we, Edward C. Ashby, III, Chief
Executive Officer of the Company, and Mark H. Towe, Chief Financial Officer of the Company, hereby certify pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to our knowledge:

(a) the Form 10-Q fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, as
amended; and

(b) the information contained in the Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company as of and for the periods presented in the Form 10-Q.



| |  |                                                |  |  |  |                         |  | 
| |  | ---------------------------------------------- |  |  |  | ----------------------- |  | 
| |  | By: /s/ Edward C. Ashby, III                   |  |  |  | Date: November 12, 2010 |  | 
| |  | Edward C. Ashby, III.                          |  |  |  |                         |  | 
| |  | President and Chief Executive Officer          |  |  |  |                         |  | 
| |  | (Principal Executive Officer)                  |  |  |  |                         |  | 
| |  |                                                |  | 
| |  | By: /s/ Mark H. Towe                           |  |  |  | Date: November 12, 2010 |  | 
| |  | Mark H. Towe                                   |  |  |  |                         |  | 
| |  | Sr. Vice-President and Chief Financial Officer |  |  |  |                         |  | 
| |  | (Principal Financial Officer)                  |  |  |  |                         |  | 



32
### Part I—Foundation for the National Institutes of Health

#### **Editorial Notes**

#### Codification

Pub. L. 105–392, title IV, §418(1), Nov. 13, 1998, 112 Stat. 3591, substituted "Foundation for the National Institutes of Health" for "National Foundation for Biomedical Research" in part heading.

Pub. L. 103–43, title I, §141(a)(2), June 10, 1993, 107 Stat. 136, redesignated part H "National Foundation for Biomedical Research" as I.
**Exhibit 10.21****AMENDMENT TO REVOLVING NOTE**THIS AMENDMENT (the “Amendment”), dated as of this 10th day of August, 2007 by andbetween ACROSS AMERICA REAL ESTATE CORP., a Colorado corporation, having an office at 700Seventeenth Street, Suite 1200, Denver, Colorado 80202 (“Maker”) and BOCO INVESTMENTS, LLC, aColorado limited liability company, having an office at 103 West Mountain Ave., Fort Collins,Colorado 80524 (“Holder”).WITNESSETH:WHEREAS, Maker has executed and delivered to Holder a Revolving Note dated September 28, 2006(the “Note”) to evidence Maker’s indebtedness to Holder in the principal amount of Three MillionFive Hundred Thousand Dollars ($3,500,000.00); andWHEREAS, Maker and Holder amended such Revolving Note (“Amendment No. 1”) on March 30, 2007 tofurther subordinate the Note to a credit facility to be extended to Maker by United Western Bankand otherwise modify certain terms and provisions of the Note; andWHEREAS, the Note and Amendment No. 1, which incorporates all provisions of the Note, containa negative covenant which listed an “Event of Default”under the Note as a net loss underGAAP of greater than $1,000,000 in any calendar quarter.NOW, THEREFORE, in consideration of the premises set forth herein above, and for other goodand valuable consideration, the receipt and sufficiency of which are hereby acknowledged, intendingto be legally bound, the parties hereto do hereby mutually and expressly understand and agree asfollows:1. Waiver. The parties hereto agree to waive the provisions of Section 3(i) of theNote of as they relate to the Maker’s recognition of impairment charges in its financial statementsunder Generally Accepted Accounting Principles for the fiscal quarter ended June 30, 2007. Therecognition of impairment charges by Maker in its financial statements under GenerallyAccepted Accounting Principles for the fiscal quarter ended June 30, 2007 will not be considered bythe parties to be an Event of Default under Note or Amendment No. 1.2. Ratification. Except as modified by this Amendment, all of the terms of the Noteare ratified and reaffirmed and remain in full force and effect.3. Inurement. The terms and conditions of this Amendment shall be binding upon andshall inure to the benefit of the parties hereto, their successors and assigns.4. Governing Law. The terms and conditions of this Amendment shall be governed by theapplicable laws of the State of Colorado.[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
 
 

 
IN WITNESS WHEREOF the parties hereto have each caused this Amendment to be executed by theirrespective duly authorized representatives, as of the day and year first above written.           MAKER:           ACROSS AMERICA REAL ESTATE CORP.,
PHANTOM 3

In the Box

ADVANCED

Check that all of the following items are in your package. If any items are missing, please 

contact DJI or your local dealer.

© 2015 DJI. All Rights Reserved. 

Intelligent Flight 

Battery ×1

Gimbal Clamp ×1

Aircraft Body ×1 Remote Controller ×1 Propeller Pairs ×4

16GB Micro-SD 

Card ×1

Manuals

Vibration Absorbers ×4

Power Cable ×1

Anti-drop Kit ×2

Micro-USB Cable ×1

Landing Pads ×4 Propeller Removal 

Clamp ×1

Stickers ×4

(Silver, red, blue, pink)

* Accessories are not covered by warranty.

In the Box

Phantom 3 Professional / Advanced Safety Guidelines and Disclaimer 

Phantom 3 Intelligent Flight Battery Safety Guidelines

Phantom 3 Advanced Quick Start Guide

Accessories* 

Essentials

Battery Charger ×1
H. R. 3869 

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 facility of the United States Postal Service located at 600 East 

Capitol Avenue in Little Rock, Arkansas, as the ‘‘Sidney ‘Sid’ Sanders McMath 

Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SIDNEY ‘‘SID’’ SANDERS MCMATH POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 600 East Capitol Avenue in Little Rock, Arkansas, 

shall be known and designated as the ‘‘Sidney ‘Sid’ Sanders McMath 

Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Sidney ‘Sid’ Sanders McMath Post Office Building’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
Exhibit 5



                                February 11, 1999



The Coastal Corporation
Coastal Tower
Nine Greenway Plaza
Houston, TX   77046-0995

Gentlemen:

         I have acted as counsel to The Coastal Corporation (the "Company") in
connection with the Registration Statement on Form S-8 of the Company for the
registration of shares of Common Stock, par value $33-1/3 per share (the "Common
Stock") of the Company issuable under the Company's 1998 Incentive Stock Plan
(the "Plan").

         In such capacity, I am familiar with the Certificate of Incorporation
and By-laws, each as amended to date, of the Company and have examined the
originals, or copies certified or otherwise identified, of the Plan, corporate
records of the Company, certificates of public officials and representatives of
the Company, statutes and other instruments and documents as the basis for the
opinion hereinafter expressed.

         On the basis of the foregoing, I am of the opinion that:

         (1)  The Company is a corporation, duly organized and validly existing,
in good standing under the laws of the State of Delaware.

         (2)  The Plan has been duly authorized by the Company and is a legal
and binding agreement of the Company in accordance with its terms.

         (3)  The Common Stock, when purchased in accordance with the terms of
the Plan, will be legally and validly issued, fully paid and nonassessable.

         I hereby consent to the use and filing of this opinion as an exhibit to
the Registration Statement. I further consent to all references to me in the
Registration Statement, any amendments thereto, or in any Prospectus.

                                      Very truly yours,



                                      Austin M. O'Toole
(December 17, 1951.)

#### A. B. & G. Realty Corporation et al., Appellants, v. Morris Yellin, Respondent.

Present— Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ.
#### § 323.6 Exemptions.

Any person to whom this rule applies may petition the Commission for a partial or full exemption. The Commission may, in response to petitions or on its own authority, issue partial or full exemptions from this part if the Commission finds application of the rule's requirements is not necessary to prevent the acts or practices to which the rule relates. The Commission shall resolve petitions using the procedures provided in § 1.31 of this chapter. If appropriate, the Commission may condition such exemptions on compliance with alternative standards or requirements to be prescribed by the Commission.

[86 FR 59854, Oct. 29, 2021]
No. I-16-028 September 28, 2016 

CONTACT: Diane Screnci, 610-337-5330 

 Neil Sheehan, 610-337-5331 

NRC Names New Resident Inspector at Seabrook Nuclear Plant

Nuclear Regulatory Commission officials in King of Prussia, Pa., have 

selected Peter Meier as the new resident inspector at Seabrook Station in Seabrook, 

N.H. The single unit site is operated by NextEra Energy Seabrook, LLC.

“Pete Meier’s experience, training and commitment to safety will help the 

NRC fulfill its mission of protecting people and the environment by ensuring 

Seabrook meets the high standards set by the NRC,” said Region I Administrator 

Dan Dorman.

Meier joined the NRC in May 2015 in the Region I Resident Inspector Development Program. 

He has since completed a rigorous qualification program and most recently worked as a project 

engineer in the Region I Division of Reactor Projects.

Prior to joining the agency, Meier was a licensed senior reactor operator and system engineer at 

the Turkey Point nuclear plant in Homestead, Fla. He also previously held various engineering 

positions with Maersk Lines, Red River Shipping and Drew Marine Chemical. He earned a bachelor’s 

degree in marine engineering from the United States Merchant Marine Academy and a U. S. Coast 

Guard chief engineer’s license, unlimited horsepower.

Meier joins Senior Resident Inspector Paul Cataldo at Seabrook. Each commercial nuclear 

power plant site in the United States has at least two resident inspectors who monitor day-to-day 

operations at the plant. They serve as the agency’s eyes and ears at the facility, conducting inspections, 

monitoring significant work projects, and interacting with plant workers and the public.
1837.203-72 NASA contract clauses.       (a) The contracting officer shall insert the clause at 1852.237–72, Access to Sensitive Information, in all solicitations and contracts for services that may require access to sensitive information belonging to other companies or generated by the Government.          (b) The contracting officer shall insert the clause at 1852.237–73, Release of Sensitive Information, in all solicitations, contracts, and basic ordering agreements.    **Parent topic:** Subpart 1837.2—Advisory and Assistance Services
#### Newburgh Precision Products Corporation, Appellant, v. Whitewall Realty Co. Inc., Respondent.

Judgment and order unanimously affirmed, with costs. No opinion. Present — Cohn, J. P., Breitel, Bastow, Botein and Bergan, JJ.