alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Carlton R. Davenport, Appellant.

Appeal from a judgment of the County Court of Albany County, rendered July 19, 1976, convicting defendant upon his plea of guilty to the crime of sodomy in the first degree, and sentencing him to an indeterminate term of imprisonment not to exceed 25 years. As a result of an incident involving a 13-year-old girl, defendant was indicted by the June 1976 Term of the Albany County Grand Jury for the crimes of rape in the first degree (Penal Law, § 130.35, subd 1) and sodomy in the first degree (Penal Law, § 130.50, subd 1). Subsequently, he pleaded guilty to the sodomy charge in full satisfaction of the indictment, and an indeterminate term of imprisonment not to exceed 25 years was imposed by the County Court. On this appeal, defendant contends that he was denied the adequate assistance of counsel in the above proceedings and that the sentence which he received was excessive. We cannot agree. In this case, the record, including a signed statement of defendant, establishes without question defendant’s guilt of the crime for which he stands convicted. Accordingly, the failure of his assigned counsel to interpose what would undoubtedly have been fruitless motions and memoranda is readily understandable and the representation provided was plainly not so ineffective as to constitute a mockery of justice *(People v Droz,*39 NY2d 457; *People v Smith,*31 AD2d 847, 848). With regard to the sentencing procedures, we find them to have been proper in all respects, and no extraordinary circumstances are present which would warrant our disturbance of the sentence imposed, particularly in view of the heinous attack upon the 13-year-old victim *(People v Dittmar,*41 AD2d 788; *People v*
      *657
      *Caputo,*13 AD2d 861). Judgment affirmed. Greenblott, J. P., Kane, Mahoney, Main and Larkin, JJ., concur.
### §5918. Repealed. Pub. L. 104–106, div. D, title XLIII, §4304(b)(5), Feb. 10, 1996, 110 Stat. 664

Section, Pub. L. 93–577, §19, as added Pub. L. 95–39, title IV, §401, June 3, 1977, 91 Stat. 190; amended Pub. L. 95–91, title III, §301(a), title VII, §§703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607, related to organizational conflicts.

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

#### Effective Date of Repeal

For effective date and applicability of repeal, see section 4401 of Pub. L. 104–106, set out as an Effective Date of 1996 Amendment note under section 2220 of Title 10, Armed Forces.
AND ORDER THEREON

Case 3:08-cv-05048-MMC Document 64 Filed 03/23/10 Page 1 of 5
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unredacted

March 23, 2010

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FORM 13F COVER PAGE

Report for the Calendar Year or Quarter Ended: September 30,2005

Check here if Amendment [   ]; Amendment Number:
This Amendment (Check only one.):  [   ] is a restatement.
                                   [   ] adds new holdings entries.

Institutional Investment Manager Filing this Report:

Name:    Continental Assurance Company
Address: CNA Plaza
	 Chicago,IL 60685


13F File Number: 28-386

The institutional investment manager filing this report and the
person by whom it is signed hereby represent that the person
signing the report is authorized to submit it, that all
information contained herein is true, correct, and complete, and
that it is understood that all required items, statements,
schedules, lists, and tables, are considered integral parts of
this form.


Person Signing this Report on Behalf of Reporting Manager:

Name:  Lynne Gugenheim
Title: Senior Vice President and Deputy General Counsel
Phone: (312) 822 4921
Signature, Place, and Date of Signing:
November 15,2005
Chicago, Illinois, 60685
I AM SIGNING  THIS REPORT AS REQUIRED BY THE SECURITIES EXCHANGE
ACT OF 1934

Report Type (Check only one.):

 [    ]              13F HOLDINGS REPORT.

 [  x ]              13F NOTICE.

 [    ]              13F COMBINATION REPORT.

List of Other Managers Reporting for this Manager:

The securities on which Continental Assurance Company exercises
shared investment discretion have been reported upon by CNA Financial
Corporation on behalf of Continental Assurance Company.
<Page>
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 05758

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2

File Name Description

x 05758\05758_Checklist.xls EPA Technical Review Checklist Workbook

05758\05758_Completeness_Checklist.xls EPA Completeness Review Checklist

05758\05758_HardcopyLog.doc EPA log of hardcopy documents submitted

x 05758\05758_PartA.xls Plant submitted survey file

x 05758\05758_PartB.xls Plant submitted survey file

x 05758\05758_PartC.xls Plant submitted survey file

x 05758\05758_PartD.xls Plant submitted survey file

x 05758\05758_PartH.xls Plant submitted survey file

05758\Certification Statement_05758.pdf Plant certification statement

x 05758\Supporting Documentation\05758_Lee A5-2 Aerial Map 1.pdf Plant submitted supplemental files to the survey

x 05758\Supporting Documentation\05758_Lee A5-2 Aerial Map 2.pdf Plant submitted supplemental files to the survey

x 05758\Supporting Documentation\05758_Lee A5-3 Water Balance Diagram.pdf Plant submitted supplemental files to the survey

x 05758\Supporting Documentation\05758_Lee D3-1 Pond-1 Diagram.pdf Plant submitted supplemental files to the survey

x 05758\Supporting Documentation\05758_Lee D3-1 Pond-2 Diagram.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket.
#### Driver *v.*Driver *et al.*

June 13, 1912.

Equitable petition. Before Judge Littlejohn. Súmtef superior ■court. May *24,*1911.

*0. B. Winchester*and *Shipp & Sheppard,*for plaintiff.

Lumpkin, J.

Under the evidence, there was no error in directing a verdict in favor of the defendant.

*Judgment affirmed.*

*All the Justices concur.*
#### § 233.03 The Guarantee.

Subject to the terms and conditions set out in this part, the United States of America, acting through USAID, guarantees to Noteholders the Borrower's repayment of 100 percent of principal and interest due on Eligible Notes. Under this Guarantee, USAID agrees to pay to any Noteholder compensation in Dollars equal to such Noteholder's Loss of Investment under its Eligible Note; provided, however, that no such payment shall be made to any Noteholder for any such loss arising out of fraud or misrepresentation for which such Noteholder is responsible or of which it had knowledge at the time it became such Noteholder. This Guarantee shall apply to each Eligible Note registered on the Note Register required to be maintained by the Fiscal Agent.
Amendment to Restricted Stock Unit Award Agreements



  
 Exhibit 10.3 

AMENDMENT TO 
 HYATT HOTELS
CORPORATION 
 RESTRICTED STOCK UNIT AWARD AGREEMENTS 

WHEREAS, Hyatt Hotels Corporation (the “Company”) has entered into certain Restricted Stock Unit Award Agreements and Special
Restricted Stock Unit Award Agreements pursuant to which the Company awarded certain employees the right to receive shares of common stock of the Company on the dates specified in such agreements (“RSU Agreements”); 

WHEREAS, the Company desires to amend the RSU Agreements to clarify that the timing of the payment of Dividend Equivalent Rights under the RSU
Agreements will comply with the terms of Section 409A of the Internal Revenue Code of 1986, as amended; and 
 WHEREAS, to the extent
not defined herein, capitalized terms shall have the meaning ascribed to them in the RSU Agreements. 
 NOW, THEREFORE, the RSU Agreements
are hereby amended effective as of January 1, 2009 as follows: 
 1. By deleting the third sentence in the Section entitled
“Dividend Equivalent Rights” and replacing it with the following: 
 “The aggregate amount of such Dividend Equivalents
shall be held by the Company, without interest thereon, and paid to Participant on the date the RSUs are settled and shares of Common Stock are delivered under the section entitled ‘Settlement and Payment of RSUs’ above.” 

2. By deleting the last sentence in the Section entitled “Dividend Equivalent Rights”. 

In all other regards the RSU Agreements shall remain in full force and effect. 

 

			
	HYATT HOTELS CORPORATION
		
	 By:
	 	 
	 Its:
	 	


 Dated:
                    , 2010
-       - Superintendent of Documents
      - 2023-09-01T18:59:12-0400
      - 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
### §4345. Consultation with Citizens' Advisory Committee on Environmental Quality and other representatives

In exercising its powers, functions, and duties under this chapter, the Council shall—

(1) consult with the Citizens' Advisory Committee on Environmental Quality established by Executive Order numbered 11472, dated May 29, 1969, and with such representatives of science, industry, agriculture, labor, conservation organizations, State and local governments and other groups, as it deems advisable; and

(2) utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order that duplication of effort and expense may be avoided, thus assuring that the Council's activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies.

(Pub. L. 91–190, title II, §205, Jan. 1, 1970, 83 Stat. 855.)

#### **Editorial Notes**

#### References in Text

Executive Order numbered 11472, dated May 29, 1969, referred to in par. (1), is set out as a note under section 4321 of this title.

#### **Executive Documents**

#### Citizens' Advisory Committee on Environmental Quality

For provisions relating to termination of Citizens' Advisory Committee on Environmental Quality, see Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
Editorial Note on Part 143
Editorial Note: Nomenclature changes to part 143 appear at 68 FR 51360, Aug. 26, 2003.

§ 143.24 Information requirements. Each recipient shall: ( a ) Make available upon request to the agency information necessary to determine whether the recipient is complying with the regulations.
( b ) Permit reasonable access by the agency to the books, records, accounts, and other recipient facilities and sources of information to the extent necessary to determine whether a recipient is in compliance with these regulations.
### §4586. Repealed. Pub. L. 98–24, §2(c)(1), Apr. 26, 1983, 97 Stat. 182

Section, Pub. L. 91–616, title V, §502, as added Pub. L. 94–371, §7, July 26, 1976, 90 Stat. 1039, provided for scientific peer review of grants and contracts. See section 290aa–5 of this title.

A prior section 502 of Pub. L. 91–616, title V, Dec. 31, 1970, 84 Stat. 1854, was renumbered 602 by section 7 of Pub. L. 94–371, and is classified to section 4592 of this title.
###### Editorial Note on Part 201

#### Editorial Note:

Nomenclature changes to part 201 appear at 62 FR 38027, July 16, 1997.

#### § 201.71 Terms of letters of credit.

Any letter of credit issued, confirmed or advised under an USAID letter of commitment and any agreement relating to such letter of credit or to instructions for payment issued by an approved applicant shall not be inconsistent with or contrary to the terms of the letter of commitment. Any such letter of credit or agreement may be modified or extended at any time in such a manner and to such extent as is acceptable to the approved applicant and the bank: *Provided,* That such modification or extension may not be inconsistent with or contrary to the terms of the letter of commitment. In the case of any inconsistency or conflict between the terms and conditions of the letter of commitment and the instructions of the approved applicant, the terms and conditions of the letter of commitment shall control.
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 Agriculture

###### Forest Service

# SUMMARY:

The Southwest Oregon Province Advisory Committee will meet on Wednesday, March 17, 2004. The meeting begins at 9 a.m. and ends at 5 p.m.; the open public forum begins at 11:30 a.m. It will be held at the J. Herbert Stone Nursery, 2606 Old Stage Road, Central Point, Oregon in the Employee Center. The tentative agenda include: (1) Biscuit Fire Recovery Project Draft Environmental Impact Statement update; (2) Port-Orford-cedar Supplemental Environmental Impact Statement update; and (3) Province Advisory Committee 2004 Work Plan development.

# FOR FURTHER INFORMATION CONTACT:

                        Rogue River-Siskiyou National Forest Public Affairs Officer Mary T. Marrs at (541) 858-2211, e-mail                         *mmarrs@fs.fed.us,*                         or USDA Forest                               ( print page 6251)                            Service, 333 West 8th Street, Medford, OR, 97501.                    

Dated: February 4, 2004.

M.J. Harvie,

Fire and Aviation Staff Officer, Rogue River-Siskiyou National Forest.

[FR Doc. 04-2776 Filed 2-9-04; 8:45 am]

BILLING CODE 3410-11-M
### §§4211 to 4214. Repealed. Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068

Section 4211, Pub. L. 90–577, title II, §201, Oct. 16, 1968, 82 Stat. 1101, required the Federal Government to provide to States full information on grant-in-aid funds. See section 6502 of Title 31, Money and Finance.

Section 4212, Pub. L. 90–577, title II, §202, Oct. 16, 1968, 82 Stat. 1101, related to deposit of grants-in-aid. See section 6503(b) of Title 31.

Section 4213, Pub. L. 90–577, title II, §203, Oct. 16, 1968, 82 Stat. 1101, related to scheduling of Federal grant-in-aid transfers to States. See section 6503(a) of Title 31.

Section 4214, Pub. L. 90–577, title II, §204, Oct. 16, 1968, 82 Stat. 1101, related to eligibility of State agencies to administer a grant-in-aid program. See section 6504 of Title 31.
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANDREA GORDON,

Plaintiffs,

v.

THE BAY AREA AIR QUALITYMANAGEMENT DISTRICT,

Defendants.

)))))))))))

No. C08-3630 BZ

ORDER RE PRETRIALPROCEEDINGS

IT IS ORDERED as follows:

1.  In view of the number of matters to be resolved at

the pretrial conference, it is advanced to 3:00 p.m. on

Thursday, April 22, 2010.  

2.  By 5:00 p.m. on Thursday, April 15, 2010, the parties

shall submit new witness lists and new lists of exhibits in

light of the fact that plaintiff has now limited her claims to

the hiring decisions and the hiring process concerning the

selection of Wiley, Young and Fournier.  

Dated: April 12, 2010   

Bernard Zimmerman   United States Magistrate Judge

G:\BZALL\-BZCASES\GORDON\ORDER RE PRETRIAL PROCEEDINGS.wpd

Case 3:08-cv-03630-BZ   Document 126   Filed 04/12/10   Page 1 of 1
About this capture
Fed Site Closures 2011
Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The
undersigned, the Chief Executive Officer and the Vice President and Cashier of Communitycorp (the Company), each certify that, to his or her knowledge on the date of this certification:



| | 1. | The quarterly report of the Company for the period ended March 31, 2008 as filed with the Securities and Exchange Commission on this date (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 result of operations of the Company.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |     |  |                                      
|------------------ |  | --- |  | -------------------------------------
|Date: May 12, 2008 |  | By: |  | /s/ W. Roger Crook                   
|                   |  |     |  | W. Roger Crook                       
|                   |  |     |  | President and Chief Executive Officer
|                   |  |    
|Date: May 12, 2008 |  | By: |  | /s/ Gwendolyn P. Bunton              
|                   |  |     |  | Gwendolyn P. Bunton                  
|                   |  |     |  | Vice President and Cashier
### §3796ee–7. Transferred

#### **Editorial Notes**

#### Codification

Section 3796ee–7 was editorially reclassified as section 10408 of Title 34, Crime Control and Law Enforcement.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsBrazil wheat yield covariance modelA model based on multiple regression was developed to estimate wheat yields for the wheat growing states of Rio Grande do Sul, Parana, and Santa Catarina in Brazil. The meteorological data of these three states were pooled and the years 1972 to 1979 were used to develop the model since there was no technological trend in the yields during these years. Predictor variables were derived from monthly total precipitation, average monthly mean temperature, and average monthly maximum temperature.Document ID19840013853Acquisition SourceLegacy CDMSDocument TypeContractor Report (CR)AuthorsCallis, S. L.*(National Oceanic and Atmospheric Administration Columbia, MO, United States)*Sakamoto, C.*(National Oceanic and Atmospheric Administration Columbia, MO, United States)*Date AcquiredSeptember 4, 2013Publication DateJanuary 16, 1984Subject CategoryEarth Resources And Remote SensingReport/Patent NumberNAS 1.26:173372YM-N4-04454E84-10103JSC-18906NASA-CR-173372Accession Number84N21921Funding Number(s)PROJECT: PROJ. AGRISTARSDistribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19840013853.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
#### Iris V. Santiago, Appellant, v Ralph G. Ortiz et al., Defendants, and Michael C. Ortiz et al., Respondents.

Judgment, Supreme Court, New York County, entered on January 25, 1977, unanimously affirmed for the reasons stated by Nusbaum, J., at Trial Term, without costs and without disbursements. Concur — Kupferman, J. P., Birns, Evans, Capozzoli and Lane, JJ.
§ 906.6 Powers of presiding member. In connection with the hearing, the presiding member shall, as appropriate: ( a ) Fix the time and place of the hearing;
( b ) Order further conferences;
( c ) Regulate the course of the hearing;
( d ) Administer oaths and affirmations;
( e ) Dispose of procedural requests and similar matters;
( f ) Rule on admissibility of testimony and exhibits;
( g ) Exclude any person from the hearing for behavior that obstructs the hearing;
( h ) Authorize and set the time for the filing of briefs or other documents;
( i ) Grant continuances and extensions of time;
( j ) Reopen the record;
( k ) Take any other action in the course of the proceedings consistent with the purpose of this part.
#### Multi Media Entertainment, Inc., Respondent-Appellant, v National Telefilm Associates, Inc., Appellant-Respondent. Sidney Tager, Individually and Doing Business as Ivy Fil, et al., Respondent.

Order, Supreme Court, New York County, entered on May 18, 1977, denying defendant, National Telefilm’s (NTA) motion for a preliminary injunction and partial summary judgment and modifying a prior order of the court, unanimously modified, on the law, only to the extent of deleting from the third decretal paragraph all of the language following the word "denied”. As so modified, the order appealed from is in all other respects affirmed, without costs and without disbursements. The gratuitous language contained in the third decretal paragraph only serves to confuse the correct observations made earlier by the court that: "I made no finding that your termination was a proper one * * * that matter of rightful or wrongful termination of this contract must await a trial.” The question of whether or not the license agreement between the parties was lawfully terminated on June 25, 1976 cannot be determined on the basis of the record presently before the court. NTA’s motion for a temporary injunction was properly denied. It did not make the requisite showing of a clear legal right to the injunction sought or that it would be irreparably harmed without it. "A temporary injunction should not be granted unless the [movant] shows a clear legal right thereto and, in addition shows that he would be irreparably damaged if an injunction were not granted before trial.” *(De Candido v Young Stars,*10 AD2d 922.) Nor did NTA demonstrate that it cannot be adequately compensated by money damages. Insofar as the order appealed from modified the court’s earlier order which required the posting of a bond by NTA to cover any judgment which might be obtained against it, it was merely a result of reconsideration and a realization that a bond was unnecessary under the circumstances, especially where plaintiff is already in possession of valuable property belonging to NTA. Concur—Murphy, P. J., Lupiano, Birns and Capozzoli, JJ.