alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Bond Street and Weatherbest Slip Boathouse Owners, Appellant, v City of North Tonawanda, Respondent.

Judgment unanimously reversed, without costs, and petition granted. Memorandum: Appellants are tenants of the respondent city and occupy boathouses on city owned riverfront land for $1 per year per front foot. Some of them have resided on the property for over 20 years. The tenants have constructed buildings and have connected city water service to them at their own expense. In 1973 the Niagara County Health Department determined that raw sewage was being discharged into the public waterways from these boathouses and ordered the city to abate the condition. The city thereupon changed its leases to forbid the use of the boathouse properties as temporary or permanent residences. The new leases provided that a violation of that condition would automatically terminate the lease. The parties also agreed that the lease could be terminated by the city for any reason upon 30 days’ notice. Many of the tenants vacated at that time but the pollution from those remaining tenants continued and in 1976 the health department again urged the city to correct the problem. The city acted by terminating the water supply to the remaining occupied boathouses. This article 78 proceeding followed to compel the city to supply water as long as the users paid the proper charges. Special Term perceiving no question of fact, and observing that the city had reserved the right to terminate the lease for any reason upon 30 days’ notice, dismissed the tenants’ petition. The city could not terminate the appellants’ water service. A consumer of the public water *1137supply who has been provided with water and paid his taxes or rents has an implied contract with the municipality for continued service as long as the consumer pays his bills *(McCabe v Village of Waterville,*257 App Div 609, 610; *Delaware, Lackawanna & Western R. R. Co. v City of Buffalo,*115 NYS 657, affd 132 App Div 946; see, also, *McEntee v Kingston Water Co.,*165 NY 27, 32; cf. *Matter of Charles v Diamond,*42 AD2d 232, 234). By the terms of the lease the city reserved the right to evict the tenants upon 30 days’ notice but it has not yet attempted to do so. It would appear that eviction or installation of sewer systems offer an appropriate remedy to the problem. We find no merit to appellants’ contention that the city must proceed pursuant to ECL 71-1919. The provisions of that statute are not exclusive (see ECL 17-1101). (Appeal from judgment of Niagara Supreme Court—art 78.) Present—Moule, J. P., Cardamone, Simons, Dillon and Hancock, Jr., JJ.
###### Editorial Note on Part 40

#### Editorial Note:

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

#### § 40.67 Student visa abusers.

An alien ineligible under the provisions of INA 212(a)(6)(G) shall not be issued a visa unless the alien has complied with the time limitation set forth therein.

[62 FR 67568, Dec. 29, 1997]
# FEB 08  0632AM

CDR420

Line-In Record

Other

1033.9596
I 

109TH CONGRESS 

1ST SESSION H. R. 241 

To accelerate the income tax benefits for charitable cash contributions for 

the relief of victims of the Indian Ocean tsunami. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2005 

Mr. THOMAS (for himself and Mr. RANGEL) introduced the following bill; 

which was referred to the Committee on Ways and Means 

JANUARY 6, 2005 

The Committee on Ways and Means discharged; which was considered and 

passed 

A BILL 

To accelerate the income tax benefits for charitable cash 

contributions for the relief of victims of the Indian Ocean 

tsunami. 

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

3 SECTION 1. ACCELERATION OF INCOME TAX BENEFITS FOR 

4 CHARITABLE CASH CONTRIBUTIONS FOR RE5 LIEF OF INDIAN OCEAN TSUNAMI VICTIMS. 

6 (a) IN GENERAL.—For purposes of section 170 of the 

7 Internal Revenue Code of 1986, a taxpayer may treat any 

8 contribution described in subsection (b) made in January 
2 

•HR 241 CPH 

1 2005 as if such contribution was made on December 31, 

2 2004, and not in January 2005. 

3 (b) CONTRIBUTION DESCRIBED.—A contribution is 

4 described in this subsection if such contribution is a cash 

5 contribution made for the relief of victims in areas af6 fected by the December 26, 2004, Indian Ocean tsunami 

7 for which a charitable contribution deduction is allowable 

8 under section 170 of the Internal Revenue Code of 1986. 

Æ
Schedule listing 2006 Base Salary Rates and 2005 Cash Bonus Amounts



 Exhibit 10.2 
  
 2006 Base Salary Rates; 2005 Cash Bonus Amounts 
  
 The following table lists 2006 base salary rates and 2005 cash bonus amounts for our named executive officers. 

 

							
	 Name and Title

	  	 Base Salary
 Rate

	  	 Cash Bonus
 Amount


	 Cameron Coburn
 Chairman, President and Chief Executive Officer
	  	$	200,000	  	$	75,000
			
	 Larry W. Flowers
 Executive Vice President and Chief Credit Officer
	  	 	130,000	  	 	35,000
			
	 Betty V. Norris
 Senior Vice President and Chief Financial Officer
	  	 	135,000	  	 	35,000
			
	 Lynn M. Burney
 Senior Vice President and Chief Operations Officer
	  	 	125,000	  	 	35,000
#### David Gutterman, Respondent-Appellant, v. Shapiro & Cohen, Inc., et al., Appellants-Respondents, and New York Central Railroad Company, Respondent.

Judgment, so far as appealed from, unanimously affirmed, without costs. No opinion. Judgment unanimously affirmed, with costs to defendant-respondent, New York Central Railroad Company. No opinion. Concur — Botein, P. J., Breitel, Rabin, McNally and Bergan, JJ.
EXHIBIT 10.1














EXHIBIT 10.1






	
  Name and Principal Position

  	
  2006 Base Salary

  	
  2006 Merit Lump Sum Bonus

  	
  2006 AIP Target

  	
  2006 - 2008 LTIP Cycle (1)

  
	
  Number of Threshold Shares

  	
  Number of Target Shares

  	
  Number of Maximum Shares

  
	
  Michael H. Madison - President and Chief Executive Officer

  	
  $425,000

  	
  $0

  	
  70%

  	
  8,208

  	
  27,360

  	
  54,720

  
	
  Dilek Samil - President and Chief Operating Officer (Cleco Power LLC)

  	
  $300,000

  	
  $5,000

  	
  55%

  	
  3,951

  	
  13,168

  	
  26,336

  
	
  Kathleen F. Nolen - Senior Vice President and Chief Financial Officer

  	
  $222,000

  	
  $0

  	
  45%

  	
  1,949

  	
  6,496

  	
  12,992

  
	
  R. O'Neal Chadwick, Jr. - Senior Vice President and General Counsel

  	
  $225,000

  	
  $4,000

  	
  45%

  	
  2,173

  	
  7,242

  	
  14,484

  
	
  Samuel H. Charlton III - Senior Vice President and Chief Operating
  Officer (Cleco Midstream Resources LLC)

  	
  $218,000

  	
  $9,000

  	
  40%

  	
  2,106

  	
  7,018

  	
  14,036

  





(1)
One half of all share amounts shown in these columns is in the form of common
stock equivalent units, which are payable in cash. The other half is in the
form of restricted stock.
<PAGE>

                                                                   EXHIBIT 32.1


                            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 Amended Quarterly Report on Form 10-QSB/A of ERF
Wireless, Inc. (the "Company") for the quarter ended June 30, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned R. Greg Smith, Chief Executive Officer and Chief Financial Officer
of ERF Wireless, Inc., certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:


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

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


Date: October 14, 2005


By:  /s/ R. Greg Smith
     -----------------
     R. Greg Smith
     Chief Executive Officer and Chief Financial Officer
     (Principal Executive Officer and Principal Financial
     and Accounting Officer)
#### § 1471.4 Copies and service.

Any party submitting a request for Panel consideration of an impasse and any party submitting a response to such requests shall file an original and one copy with the Panel, shall serve a copy promptly on the other party to the dispute, and shall file a statement of such service with the Executive Director. When the Panel acts on a request from the Executive Director, it will notify the parties to the dispute.
-       - Superintendent of Documents
      - 2023-09-05T09:35:55-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2467 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2467

   To extend the temporary suspension of duty on fine animal hair of 
                       Kashmir (cashmere) goats.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 18, 2005

 Mr. Simmons introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
   To extend the temporary suspension of duty on fine animal hair of 
                       Kashmir (cashmere) goats.

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

SECTION 1. FINE ANIMAL HAIR OF KASHMIR (CASHMERE) GOATS.

    (a) In General.--Heading 9902.15.16 of the Harmonized Tariff 
Schedule of the United States (relating to fine animal hair of Kashmir 
(cashmere) goats) is amended by striking ``12/31/2006'' and inserting 
``12/31/2008''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of enactment of this Act.
                                 <all>
```
§ 34.24 Refunds. ( a ) STATE will refund promptly to the appropriate individual amounts offset under this regulation when: ( 1 ) A debt is waived or otherwise found not owing the United States (unless expressly prohibited by statute or regulation); or
( 2 ) STATE is directed by an administrative or judicial order to make a refund.
( b ) Refunds do not bear interest unless required or permitted by law or contract.
#### § 308.18 Fees.

No fees shall be charged for search time or for any other time expended by the agency to produce a record. Copies of records may be charged for at the rate of 10 cents per page provided that one copy of any record shall be provided free of charge.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           1,822
<SECURITIES>                                         0
<RECEIVABLES>                                   55,110
<ALLOWANCES>                                         0
<INVENTORY>                                      5,514
<CURRENT-ASSETS>                                70,611
<PP&E>                                          32,072
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 240,537
<CURRENT-LIABILITIES>                           27,671
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           116
<OTHER-SE>                                     135,107
<TOTAL-LIABILITY-AND-EQUITY>                   135,223
<SALES>                                         46,566
<TOTAL-REVENUES>                                46,566
<CGS>                                           29,811
<TOTAL-COSTS>                                   29,811
<OTHER-EXPENSES>                                10,813
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 646
<INCOME-PRETAX>                                  5,296
<INCOME-TAX>                                     1,830
<INCOME-CONTINUING>                              3,466
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,466
<EPS-PRIMARY>                                     0.30
<EPS-DILUTED>                                     0.29
        

</TABLE>
###### Editorial Note on Part 3

#### Editorial Note:

Nomenclature changes to part 3 appear at 89 FR 71806, Sept. 4, 2024.

#### §§ 3.13-3.20 [Reserved]
```

[115th Congress Public Law 382]
[From the U.S. Government Publishing Office]

[[Page 132 STAT. 5120]]

Public Law 115-382
115th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
  35 West Main Street in Frisco, Colorado, as the ``Patrick E. Mahany, 
  Jr., Post Office Building''. <<NOTE: Dec. 21, 2018 -  [H.R. 6831]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. PATRICK E. MAHANY, JR., POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 35 West Main Street in Frisco, Colorado, shall be known and 
designated as the ``Patrick E. Mahany, Jr., 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 ``Patrick E. 
Mahany, Jr., Post Office Building''.

    Approved December 21, 2018.

LEGISLATIVE HISTORY--H.R. 6831:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 164 (2018):
            Nov. 29, considered and passed House.
            Dec. 12, considered and passed Senate.

                                  <all>
```
### §2002. Transfer of hospitals and facilities to State or private institutions; conditions and restrictions; failure to meet requirements

Whenever the health needs of the Indians can be better met thereby, the Secretary of Health and Human Services is authorized in his discretion to enter into contracts with any State, Territory, or political subdivision thereof, or any private nonprofit corporation, agency or institution providing for the transfer by the United States Public Health Service of Indian hospitals or health facilities, including initial operating equipment and supplies.

It shall be a condition of such transfer that all facilities transferred shall be available to meet the health needs of the Indians and that such health needs shall be given priority over those of the non-Indian population. No hospital or health facility that has been constructed or maintained for a specific tribe of Indians, or for a specific group of tribes, shall be transferred by the Secretary of Health and Human Services to a non-Indian entity or organization under this subchapter unless such action has been approved by the governing body of the tribe, or by the governing bodies of a majority of the tribes, for which such hospital or health facility has been constructed or maintained: Provided, That if, following such transfer by the United States Public Health Service, the Secretary of Health and Human Services finds the hospital or health facility transferred under this section is not thereafter serving the need of the Indians, the Secretary of Health and Human Services shall notify those charged with management thereof, setting forth needed improvements, and in the event such improvements are not made within a time to be specified, shall immediately assume management and operation of such hospital or health facility.

(Aug. 5, 1954, ch. 658, §2, 68 Stat. 674; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

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

#### Change of Name

"Secretary of Health and Human Services" substituted in text for "Secretary of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

#### Effective Date

Section effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as a note under section 2001 of this title.

#### **Executive Documents**

#### Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS RESTATED SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF VISION TWENTY-ONE, INC. AND SUBSIDIARIES FOR THE QUARTER
ENDED MARCH 31, 1998, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                      12,225,318
<SECURITIES>                                         0
<RECEIVABLES>                               27,729,972
<ALLOWANCES>                                 4,498,000
<INVENTORY>                                  1,535,632
<CURRENT-ASSETS>                            39,821,960
<PP&E>                                      14,000,268
<DEPRECIATION>                               4,351,350
<TOTAL-ASSETS>                             146,059,823
<CURRENT-LIABILITIES>                       27,416,106
<BONDS>                                     39,781,440
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        14,106
<OTHER-SE>                                  72,295,492
<TOTAL-LIABILITY-AND-EQUITY>               146,059,823
<SALES>                                     16,832,191
<TOTAL-REVENUES>                            47,304,192
<CGS>                                       15,878,715
<TOTAL-COSTS>                               23,324,671
<OTHER-EXPENSES>                             2,484,053
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             662,984
<INCOME-PRETAX>                              1,216,692
<INCOME-TAX>                                   328,507
<INCOME-CONTINUING>                            888,185
<DISCONTINUED>                                       0
<EXTRAORDINARY>                               (397,190)
<CHANGES>                                            0
<NET-INCOME>                                   490,995
<EPS-BASIC>                                     0.03
<EPS-DILUTED>                                     0.03


</TABLE>
§ 228.12 Nationality of suppliers of commodities and services. The suppliers of all commodities and services financed with federal program funds appropriated under the Foreign Assistance Act of 1961, as amended, shall: ( a ) If an individual, except as provided in § 228.15, be a citizen or lawful permanent resident (or equivalent immigration status to live and work on a continuing basis) of a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument),
( b ) If an organization, ( 1 ) Be incorporated or legally organized under the laws of a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument);
( 2 ) Must be operating as a going concern in a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument), and either
( 3 ) Be managed by a governing body, the majority of whom are citizens or lawful permanent residents (or equivalent immigration status to live and work on a continuing basis) of countries in Code 937 (or other principal geographic procurement code designated in an implementing instrument), or
( 4 ) Employ citizens or lawful permanent residents (or equivalent immigration status to live and work on a continuing basis) of a country in Code 937 (or other principal geographic procurement code designated in an implementing instrument), in more than half its permanent full-time positions and more than half of its principal management positions.
#### R. R. Poe v. Board of Commissioners of Pawnee County.

(Filed Feb. 11, 1899.)

*Error from the Probate Court of Pawnee County; before James P. Neal, Probate Judge.*

*John D. DeBois*and *Cotteral & Hornor,*for plaintiff' in error.

*C. A. Houston, W. L. Eagleton*and *B. W. Morphis,*for defendant in error.

Action by R. R. Poe against the board of commissioners of Pawnee county. Judgment for defendant. Plaintiff brings error.

Reversed.

Per Curiam:

The same questions are involved and the same briefs have been filed in this case by counsel as in the case of *Johnson v. Board of Com’rs.*(7 Okla. 686,) and the same findings of fact and conclusions of law were made by the court below. For the reasons therein ■stated, the judgment of the probate court is reversed,, and the cause is remanded, with directions to grant a new trial.
#### § 19.14 Waiver of annuity.

An individual entitled to be paid an annuity may, for personal reasons, decline to accept all or any part of the annuity. However, a principal may not waive the portion of his/her annuity authorized to be paid to a former spouse under § 19.7 or § 19.9 or to a beneficiary under § 19.6. An annuity waiver shall be in writing and sent to the Department (PER/ER/RET). A waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
542.7004 Releasing or withholding of audit

reports.

The Freedom of Information Act requires the disclosure of Government records subject to certain

exceptions. The contracting officer should consult with both the Assistant Inspector General for

Auditing and the GSA Office of General Counsel before releasing or withholding a contract audit

report.

Parent topic: Subpart 542.70 - Audit of Contractor’s Records
#### § 507.3 Requirement for open meetings.

Members shall not jointly conduct or dispose of agency business other than in accordance with this part. Except as provided in § 507.4 every portion of every meeting of the agency shall be open to public observation.