alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §300ff–65. Requirement of submission of application containing certain agreements and assurances

The Secretary may not make a grant under this part unless—

(1) an application for the grant is submitted to the Secretary containing agreements and assurances in accordance with this part and containing the information specified in section 300ff–64(a)(1) of this title;

(2) with respect to such agreements, the application provides assurances of compliance satisfactory to the Secretary; and

(3) the application otherwise is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this part.

(July 1, 1944, ch. 373, title XXVI, §2665, as added Pub. L. 101–381, title III, §301(a), Aug. 18, 1990, 104 Stat. 614; amended Pub. L. 109–415, title VII, §703, Dec. 19, 2006, 120 Stat. 2820; Pub. L. 111–87, §2(a)(1), (3)(A), Oct. 30, 2009, 123 Stat. 2885.)

#### **Editorial Notes**

#### Amendments

2009—Pub. L. 111–87 repealed Pub. L. 109–415, §703, and revived the provisions of this section as in effect on Sept. 30, 2009. See 2006 Amendment note and Effective Date of 2009 Amendment; Revival of Section note below.

2006—Pub. L. 109–415, §703, which directed repeal of this section effective Oct. 1, 2009, was itself repealed by Pub. L. 111–87, §2(a)(1), effective Sept. 30, 2009.

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

#### Effective Date of 2009 Amendment; Revival of Section

For provisions that repeal by section 2(a)(1) of Pub. L. 111–87 of section 703 of Pub. L. 109–415 be effective Sept. 30, 2009, and that the provisions of this section as in effect on Sept. 30, 2009, be revived, see section 2(a)(2), (3)(A) of Pub. L. 111–87, set out as a note under section 300ff–11 of this title.
#### Elaine Giamboi, Appellant, v Manor House Owners Corp., Respondent.

[716 NYS2d 872]

—In an action to recover damages for personal injuries, the plaintiff appeals (1) from an order and judgment (one paper) of the Supreme Court, Queens County (Milano, J.), dated February 8, 2000, which granted the defendant’s motion for summary judgment and dismissed the complaint, and (2), as limited by her brief, from so much of an order of the same court, dated March 3, 2000, as denied her motion to deem the defendant’s motion for summary judgment abandoned and granted the defendant’s cross motion to extend its time to settle the judgment.

*202Ordered that the order and judgment is reversed, on the law, the defendant’s motion for summary judgment is denied, and the complaint is reinstated; and it is further,

Ordered that the appeal from the order is dismissed as academic; and it is further,

Ordered that the appellant is awarded one bill of costs.

The plaintiff slipped and fell while crossing through a mound of snow between the street and the sidewalk in front of her apartment building. According to the deposition testimony of the defendant’s employee, his usual practice in removing snow from the sidewalk around the premises was to push the snow toward the curb and to shovel several paths through the mounds of snow to the street. The defendant’s motion papers, which included the employee’s deposition testimony, failed to establish as a matter of law that its snow removal activities did not create a dangerous condition which caused the plaintiffs injuries *(see, Vander Veer v Henderson,*267 AD2d 584; *Suntken v 226 W. 75th St.,*258 AD2d 314; *Roca v Gerardi,*243 AD2d 616; *Glick v City of New York,*139 AD2d 402). Accordingly, the Supreme Court erred in granting summary judgment to the defendant.

In view of our determination, the plaintiffs appeal from stated portions of the order, which, *inter alia,*extended the defendant’s time to submit the judgment for settlement, is dismissed as academic. O’Brien, J. P., Goldstein, Florio and McGinity, JJ., concur.
### §289c–1. Collaborative use of certain health services research funds

The Secretary shall ensure that amounts made available under subparts 14, 15 and 16 of part C for health services research relating to alcohol abuse and alcoholism, drug abuse and mental health be used collaboratively, as appropriate, and in consultation with the Agency for Healthcare Research and Quality.

(July 1, 1944, ch. 373, title IV, §494A, as added Pub. L. 102–321, title I, §125, July 10, 1992, 106 Stat. 366; amended Pub. L. 103–43, title XX, §2016(c), June 10, 1993, 107 Stat. 218; Pub. L. 104–66, title I, §1062(b), Dec. 21, 1995, 109 Stat. 720; Pub. L. 105–362, title VI, §601(a)(1)(F), Nov. 10, 1998, 112 Stat. 3285; Pub. L. 106–129, §2(b)(2), Dec. 6, 1999, 113 Stat. 1670.)

#### **Editorial Notes**

#### References in Text

Subparts 14, 15 and 16 of part C, referred to in text, are classified to sections 285n et seq., 285o et seq., and 285p et seq., respectively, of this title.

#### Amendments

1999—Pub. L. 106–129, which directed the substitution of "Agency for Healthcare Research and Quality" for "Agency for Health Care Policy and Research", was executed by making the substitution for "Agency for Health Care Policy Research", to reflect the probable intent of Congress.

1998—Pub. L. 105–362 struck out heading and designation of subsec. (a) and heading and text of subsec. (b). Text of subsec. (b) read as follows: "Not later than December 30, 1993, and each December 30 thereafter, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Labor and Human Resources of the Senate, a report concerning the activities carried out with the amounts referred to in subsection (a) of this section."

1995—Subsec. (b). Pub. L. 104–66 substituted "December 30, 1993, and each December 30 thereafter" for "September 30, 1993, and annually thereafter".

1993—Subsec. (b). Pub. L. 103–43 substituted "September 30, 1993" for "May 3, 1993".

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

#### Effective Date

Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as an Effective Date of 1992 Amendment note under section 236 of this title.
### §300x–56. Prohibitions regarding receipt of funds

#### (a) Establishment

#### (1) Certain false statements and representations

A person shall not knowingly and willfully make or cause to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which payments may be made by a State from a grant made to the State under section 300x or 300x–21 of this title.

#### (2) Concealing or failing to disclose certain events

A person with knowledge of the occurrence of any event affecting the initial or continued right of the person to receive any payments from a grant made to a State under section 300x or 300x–21 of this title shall not conceal or fail to disclose any such event with an intent fraudulently to secure such payment either in a greater amount than is due or when no such amount is due.

#### (b) Criminal penalty for violation of prohibition

Any person who violates any prohibition established in subsection (a) shall for each violation be fined in accordance with title 18 or imprisoned for not more than 5 years, or both.

(July 1, 1944, ch. 373, title XIX, §1946, as added Pub. L. 102–321, title II, §203(a), July 10, 1992, 106 Stat. 406.)
#### The People of the State of New York, Respondent, v. Frank Nicholas Ehlers, Jr., Appellant.

In a *coram nobis*proceeding, defendant appeals from an order of the County Court, Queens County, dated September 22, 1961, which denied, without a hearing, his application to vacate a judgment of said court rendered June 15, 1960 on his plea of guilty, convicting him of robbery in the second degree, unarmed, and sentencing him to serve a term of 7% to 15 years, such term to run consecutively to a sentence previously imposed by the County Court, Kings County. The basis of defendant’s application is that his plea of guilty was induced by assigned counsel’s statements to him that he would not be *“*hurt ” thereby and that if he refused to enter such a plea the maximum sentence would be imposed on him. These representations were allegedly made by the court and the District Attorney to him through his assigned counsel. There is no affidavit by the assigned counsel. Order affirmed. No opinion. Beldock, P. J., Ughetta, Christ, Hill and Hopkins, JJ., concur.
Data Series 624

### Prepared in cooperation with the Afghanistan Geological Survey under the auspices of the U.S. Department of Defense Task Force for Business and Stability Cooperation

## USGS DS 624: Topographic and Hydrographic GIS Dataset for the Afghanistan Geological Survey and U.S. Geological Survey 2010 Minerals Project, Title Page

#### By P.G. Chirico and T.W. Moran

 

AccessibilityFOIAPrivacyPolicies and Notices

U.S. Department of the Interior |            U.S. Geological Survey                                                URL: http://pubs.usgs.gov/ds/624/title_page.html            Page Contact Information: GS Pubs Web Contact                        Page Last Modified: Tuesday, August 16, 2011, 12:19:10 PM
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.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 17, 2004, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), ANSI Accredited Standards Committee “C119” (“C119 Committee”), by its Secretariat, National Electrical Manufacturers Association (“NEMA”), has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the name and principal place of business of the standards development organization is: ANSI Accredited Standards Committee “C119”, Rosslyn, VA. The nature and scope of C119 Committee's standards development activities are: related to electrical connectors for electric utility applications. C119 Committee currently maintains four standards relating to electrical connectors used by the electric utility industry. The standards developed by C119 Committee are published by NEMA.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 04-27544  Filed 12-15-04; 8:45 am]

BILLING CODE 4410-11-M
#### Armour & Company, appellee, v. David Rosenheim, appellant.

Gen. No. 27,695.

Action for a balance due on the purchase price of cheese. Judg-

*613ment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Henry M. Walker, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1922.

Affirmed.

Opinion filed December 5, 1922.

James A. O’Callaghan, Cyrus Heren, Eldon M. Votah and Harris F. Williams, for appellant. Allen, Ward, Myers & Schwartz, for appellee.

Mr. Presiding Justice Barnes

delivered the opinion of the court.
#### The People of the State of New York, Respondent, v Robert Van Duser, Appellant.

(Appeal No. 1.)

[716 NYS2d 348]

—Appeal unanimously dismissed *{see,*CPL 450.30 [3]). (Appeal from Judgment of Wayne County Court, Parenti, J. — Criminal Contempt, 1st Degree.) Present — Pine, J. P., Hayes, Wisner, Kehoe and Lawton, JJ.
§ 521.23 Subpoenas for attendance at hearing. ( a ) A party wishing to procure the appearance and testimony of any individual at the hearing may request that the ALJ issue a subpoena.
( b ) A subpoena requiring the attendance and testimony of an individual may also require the individual to produce documents at the hearing.
( c ) A party seeking a subpoena shall file a written request therefor not less than 15 days before the date fixed for the hearing unless otherwise allowed by the ALJ for good cause shown. Such request shall specify any documents to be produced and shall designate the witnesses and describe the address and location thereof with sufficient particularity to permit such witnesses to be found.
( d ) The subpoena shall specify the time and place at which the witness is to appear and any documents the witness is to produce.
( e ) The party seeking the subpoena shall serve it in the manner prescribed in § 521.8. A subpoena on a party or upon an individual under the control of a party may be served by first class mail.
( f ) A party or individual to whom the subpoena is directed may file with the ALJ a motion to quash the subpoena within ten days after service or on or before the time specified in the subpoena for compliance if it is less than ten days after service.
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.                  

###### Department of the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS) Treasury. 

# ACTION:

Notice. 

# SUMMARY:

An open meeting of the Area 5 Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Monday, January 10, 2005, at 2 p.m., Central Time. 

# FOR FURTHER INFORMATION CONTACT:

Mary Ann Delzer at 1-888-912-1227, or (414) 297-1604. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Area 5 Taxpayer Advocacy Panel will be held Monday, January 10, 2005, at 2 p.m., Central time via a telephone conference call. You can submit written comments to the panel by faxing to (414) 297-1623, or by mail to Taxpayer Advocacy Panel, Stop1006MIL, 310 West Wisconsin Avenue, Milwaukee, WI 53203-2221 or you can contact us at                     *www.improveirs.org.*                     This meeting is not required to be open to the public, but because we are always interested in community input, we will accept public comments. Please contact Mary Ann Delzer at 1-888-912-1227 or (414) 297-1604 for dial-in information.                 

The agenda will include the following: Various IRS issues. 

Dated: December 9, 2004. 

Bernard Coston, 

Director, Taxpayer Advocacy Panel. 

[FR Doc. 04-27368 Filed 12-13-04; 8:45 am] 

BILLING CODE 4830-01-P
§ 521.34 Evidence. ( a ) The ALJ shall determine the admissibility of evidence.
( b ) Except as provided in this part, the ALJ shall not be bound by the Federal Rules of Evidence. However, the ALJ may apply the Federal Rules of Evidence, where appropriate (e.g., to exclude unreliable evidence).
( c ) The ALJ shall exclude irrelevant and immaterial evidence.
( d ) Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by consideration of undue delay or needless presentation of cumulative evidence.
( e ) Although relevant, evidence may be excluded if it is privileged under Federal law.
( f ) Evidence concerning offers of compromise or settlement shall be inadmissible to the extent provided in Rule 408 of the Federal Rules of Evidence.
( g ) The ALJ shall permit the parties to introduce rebuttal witnesses and evidence.
( h ) All documents and other evidence offered or taken for the record shall be open to examination by all parties, unless otherwise ordered by the ALJ pursuant to § 521.24.
#### In the Matter of Isobel G. Morgan, Appellant, against Henry Von Ost Morgan, Respondent.

Order, dated January 22, 1960, fixing the sum of $120 as the amount to be paid weekly to the judgment creditor on account of a judgment of $20,744.28, unanimously modified, on the law and on the facts, to direct payments, on account of the judgment, by judgment debtor of $250 a week; and, as so modified, affirmed, with $20 costs and disbursements to judgmentereditor-appellant. The judgment is in favor of a wife against a husband for amounts due under a separation agreement. In our opinion the record of judgment debtor’s earnings over reasonably representative periods warrants the assumption that payment in the amount now directed, rather than $120 a week directed by Special Term, is a “ proper ” amount within section 793 of the Civil Practice Act, having due regard to judgment debtor’s other obligations. A four-year period ending in 1959 shows an average annual income of $70,000, on a scale steadily increasing. We do not pass on the effect, if any, of an accruing concurrent obligation of the judgment debtor to pay the wife further sums under the separation agreement; and the modification here directed is without prejudice to an application by the husband to reduce the amount directed to be paid if the enforcement of payments under the separation agreement or by judicial direction in a matrimonial action should make payments under the order in this supplementary proceeding unduly burdensome. We assume that whatever orders shall hereafter be made will take into account the total obligations of the husband judgment debtor under the judgment and the separation agreement as well as those arising from the marital status. Settle order. Concur — Breitel, J. P., Rabin, Valente and Bergan, JJ.
###### Editorial Note on Part 40

#### Editorial Note:

Nomenclature changes to part 40 appear at 71 FR 34520 and 34521, June 15, 2006.

#### §§ 40.26-40.29 [Reserved]
§ 1423.21 Objection to conduct of hearing. ( a ) Any objection with respect to the conduct of the hearing, including any objection to the introduction of evidence, may be stated orally or in writing accompanied by a short statement of the grounds for such objection, and included in the record. No such objection shall be deemed waived by further participation in the hearing. Such objection shall not stay the conduct of the hearing.
( b ) Formal exceptions to adverse rulings are unnecessary. Automatic exceptions will be allowed to all adverse rulings. Except by special permission of the Board, and in view of § 1429.11 of this subchapter, rulings by the Administrative Law Judge shall not be appealed prior to the transmittal of the case to the Board, but shall be considered by the Board only upon the filing of exceptions to the Administrative Law Judge's decision in accordance with § 1423.27. In the discretion of the Administrative Law Judge, the hearing may be continued or adjourned pending any such request for special permission to appeal.
### §300d–16. Repealed. Pub. L. 110–23, §10, May 3, 2007, 121 Stat. 97

Section, act July 1, 1944, ch. 373, title XII, §1216, as added Pub. L. 101–590, §3, Nov. 16, 1990, 104 Stat. 2923; amended Pub. L. 103–183, title VI, §601(c), Dec. 14, 1993, 107 Stat. 2238; Pub. L. 104–316, title I, §122(d), Oct. 19, 1996, 110 Stat. 3837, provided for requirement of reports by States.
#### Kidder Peabody & Co., Incorporated, Appellant, v Banco Internacional, S. A., Respondent.

Judgment, Supreme Court, New York County, entered on April 2, 1976, unanimously affirmed on the opinion of Helman, J., at Trial Term. Respondent shall recover of appellant $60 costs and disbursements of this appeal. Concur—Lupiano, J. P., Birns, Lane and Lynch, JJ.