alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-6563

SULYAMAN ALISLAM WA SALAAM, Petitioner - Appellant, versus MICHAEL W. MOORE; CHARLIE CONDON, Attorney General of the State of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Rock Hill. G. Ross Anderson, Jr., District Judge. (CA-97-3659-0-13BD) Submitted: July 2, 1998 Decided: July 29, 1998 Before NIEMEYER and HAMILTON, Circuit Judges, and HALL, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Sulyaman Al Islam Salaam, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1997). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find noreversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. Salaam v. Moore , No. CA-97-3659-0-13BD (D.S.C. Apr. 6, 1998). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
§ 72.31 Fees for consular death and estates services. ( a ) Fees for consular death and estates services are prescribed in the Schedule of Fees, 22 CFR 22.1.
( b ) The personal estates of all officers and employees of the United States who die abroad while on official duty, including military and civilian personnel of the Department of Defense and the United States Coast Guard are exempt from the assessment of any fees proscribed by the Schedule of Fees.
### §5731a. Transferred

#### **Editorial Notes**

#### Codification

Section 5731a was editorially reclassified as section 11276 of Title 34, Crime Control and Law Enforcement.
### §7384w. Subpoenas; oaths; examination of witnesses

The Secretary of Labor, with respect to any matter under this part, may—

(1) issue subpoenas for and compel the attendance of witnesses;

(2) administer oaths;

(3) examine witnesses; and

(4) require the production of books, papers, documents, and other evidence.

(Pub. L. 106–398, §1 [div. C, title XXXVI, §3632], as added Pub. L. 108–375, div. C, title XXXI, §3163(a), Oct. 28, 2004, 118 Stat. 2186.)
#### Assunta Muscarella, Respondent, v. City of Yonkers, Appellant.

In a negligence action to recover damages for personal injuries, the defendant *689appeals from an order of the Supreme Court, Westchester County, dated January 9, 1962, which denied its motion for an examination before trial of the plaintiff. Order affirmed, with $10 costs and disbursements. The motion was made about five years after the filing of a statement of readiness and after the case had appeared upon the Ready Day Calendar. Under the circumstances, there was no abuse of discretion in denying the motion. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.
#### § 1000.201 How are funds made available under NAHASDA?

Every fiscal year HUD will make grants under the IHBG program to recipients who have submitted to HUD for a tribal program year an IHP in accordance with § 1000.220 to carry out affordable housing activities.

[77 FR 71526, Dec. 3, 2012]
exv10w9






Exhibit 10.9




Second Amendment

to the

First Interstate BancSystem, Inc.

2006 Equity Compensation Plan




     This Amendment (the “Amendment”) by First Interstate BancSystem, Inc., a Montana
corporation (the “Company”), to its 2006 Equity Compensation Plan (the “2006 Plan”)
is entered into by the Company as of September 23rd, 2010.



     Whereas, the Company previously adopted the 2006 Plan pursuant to which the Company
may grant equity awards to its directors, officers and other employees in an effort to attract,
retain and motivate individuals who are expected to make important contributions to the Company.
The 2006 Plan was amended effective March 19, 2010.



     Whereas, the Compensation Committee of the Board of Directors of the Company (the
“Board”) has recommended, and the Board has determined that it is in the best interests of
the Company and its shareholders to amend the 2006 Plan in accordance with the provisions hereof.



     Now, therefore, based on the foregoing recitals, the Company hereby agrees as
follows:



     1. Exhibit A to the 2006 Plan is titled “Terms and Conditions of FIBS 2006 Stock Option
Benefit.” Section 6.2 of Exhibit A, titled “Holding Period,” shall be deleted in its
entirety.



     2. Except as modified in this Amendment, all other terms of the 2006 Plan shall remain in full
force and effect.



     IN WITNESS WHEREOF, the undersigned has executed this Amendment effective as of the date
first above written.



	 	 	 	 	 	 	 

	 	 	COMPANY:	 	 
	 
	 	 	 	 	 	 
	 	 	First Interstate BancSystem, Inc.,

a Montana corporation	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ TERRILL R. MOORE
 

Terrill R. Moore
	 	 
	 

	 	 	 	Executive Vice President &	 	 
	 

	 	 	 	Chief Financial Officer
-       - Superintendent of Documents
      - 2023-09-01T18:59:41-0400
      - 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
July 30, 2015

Mr. Jamie Hopkins

190 112th Avenue N

Apartment 1212

Saint Petersburg, FL 33716

Dear Mr. Hopkins:

This letter is to inform you that we are unable to process your request for an exemption from 

Title 14, Code of Federal Regulations (14 CFR). It explains why we can not process your 

request and what you should do in the next 30 days.

Why We Can Not Process Your Request

We entered your May 12, exemption request into the public docket (No. FAA-2015-1619), but 

we are unable to process your request any further. The information you sent does not comply

with the requirements of § 11.81 (copy enclosed). For us to consider the request any further, 

you must send us all of the following:

 The specific section or sections of 14 CFR from which you seek relief, the extent of the 

relief you seek, and the reason you seek relief.

 The reasons why granting the request would be in the public interest; that is, how it would 

benefit the public as a whole.

 The reasons why the exemption would not adversely affect safety or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which you 

seek an exemption.

 Any additional information, views, or arguments available to support your request.

What You Should Do

If you want us to process your request any further, you must send the information described 

earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your 

petition for exemption at least 120 days before the proposed effective date of the exemption.
2

If We Do Not Hear From You

If we do not hear from you within 30 days, we will close the docket without notifying you 

further. If you have any questions or require additional time, you may call (202) 267-9677.

Sincerely,

/s/

Brittany Newton

Program Analyst, Airmen and 

 Airspace Rules Division

Enclosure
#### Gwendolyn Reed, Appellant, v Grace S. Cone et al., Respondents.

Appeal from an order of the Supreme Court at Special Term, entered March 4, 1977 in Albany County, which denied plaintiff’s motion to vacate a prior order dismissing the complaint. This action was brought to recover for personal injuries allegedly sustained by plaintiff as the result of an automo*878bile accident. Defendant Cone, the operator of the vehicle in which plaintiff was a passenger at the time of the accident, moved for summary judgment on the ground that the plaintiff had not sustained a "serious injury” as defined by subdivision 4 of section 671 of the Insurance Law. Although opposing papers were served upon defendant Cone’s attorneys, those papers were not furnished to the court nor was there an appearance by plaintiff on the return date. An order granting summary judgment dismissing the complaint was entered by default. On the application which resulted in the order which is the subject of this appeal plaintiff moved, pursuant to CPLR 2221, to vacate the said prior order upon the ground that the default was excusable and because there were valid and meritorious defenses to the motion for summary judgment. Plaintiff’s only argument on this appeal is that expenses for physical therapy performed by her physician and hospital expenses for such treatment were includable in the $500 threshold (Insurance Law, former §671, subd 4, par [b]). This court has held that such expenses were not includable even when the services were performed in a hospital *(Sanders v Rickard,*51 AD2d 260). The reasoning of *Sanders*is no less applicable when, as in the instant case, the services were actually performed by a physician (see *Geblein v Arida,*55 AD2d 1048). Since plaintiff’s attending physician, as noted by Special Term, certified that plaintiff’s injury would not result in permanent disfigurement or disability (Insurance Law, former § 671, subd 4, par [a]), plaintiff has failed to demonstrate a meritorious cause of action. Additionally, it should be noted that plaintiff’s only justification for the default was law office failure. It is well established that this reason, without more, is insufficient to excuse a default. Order affirmed, with costs. Kane, J. P., Staley, Jr., Main, Larkin and Mikoll, JJ., concur.
I 

109TH CONGRESS 

1ST SESSION H. R. 2635 

To amend title 10, United States Code, to require emergency contraception 

to be available at all military health care treatment facilities. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2005 

Mr. MICHAUD (for himself and Mr. ALLEN) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to require emergency 

contraception to be available at all military health care 

treatment facilities. 

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

3 SECTION 1. REQUIREMENT TO MAKE AVAILABLE EMER4 GENCY CONTRACEPTION AT ALL MILITARY 

5 HEALTH CARE TREATMENT FACILITIES. 

6 Section 1074g(a) of title 10, United States Code, is 

7 amended by adding at the end the following new para8 graph: 

9 ‘‘(9)(A) Emergency contraception shall be included 

10 on the basic core formulary of the uniform formulary. 
2 

•HR 2635 IH 

1 ‘‘(B) Notwithstanding paragraph (4), no prior au2 thorization may be required for emergency contraception. 

3 Nothing in the preceding sentence may be construed as 

4 waiving any provision of the Federal Food, Drug, and Cos5 metic Act (21 U.S.C. 301 et seq.) or any other provision 

6 of law administered by the Food and Drug Administra7 tion, including rules and orders of such Administration 

8 under such Act or other provisions of law. 

9 ‘‘(C) In this paragraph, the term ‘emergency contra10 ception’ means a drug, drug regimen, or device that is— 

11 ‘‘(i) approved by the Food and Drug Adminis12 tration to prevent pregnancy; and 

13 ‘‘(ii) used postcoitally.’’. 

Æ
Ju ly 09 , 2015
U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Avenue, SE Washington, DC 20590

Subject: Withdrawal of Petition for Exemption

Reference: Comment to Docket FAA

- 20 15

- 2371

- 0001

. 14 CFR §121.629(b)

– Operation in Icing Conditions

Dear Sir or Madam:
American Airlines is withdrawing our Petition for Exemption regarding 14CFR §121.629(b)

– Operation in Icing Conditions . We will participate in the A4A exemption regarding the same topic.

Sincerely,

Captain Ron Thomas Managing Director Flight Operation
§ 16.8 Request for correction or amendment to record. ( a ) Any individual, regardless of age, may submit to the Department a request for correction or amendment of a record pertaining to that individual. The request should be made either in person at the office of, or by mail addressed to, the Privacy Act Officer who processed the individual's request for access to the record. Although an oral request may be honored, a requester may be asked to submit his or her request in writing. The envelope containing the request and the letter itself should both clearly indicate that the subject is a PRIVACY ACT REQUEST FOR CORRECTION OR AMENDMENT.
( b ) When a request for correction or amendment is misdirected by the requester, or not addressed as specified in paragraph (a) of this section, the Department official receiving same shall make reasonable effort to identify, and promptly refer it to, the appropriate Privacy Act Officer and the time of receipt for processing purposes will be the time when it is received by the appropriate official.
( c ) When a request for correction or amendment fails to provide necessary information as set forth in paragraph (e) of this section, the requester shall be given reasonable opportunity to answer the request and shall be advised that the time of receipt for processing purposes will be the time when the additional necessary information is received by the appropriate official.
( d ) Since the request, in all cases, will follow a request for access under § 16.4, the individual's identity will be established by his or her signature on the request.
( e ) A request for correction or amendment should include the following: ( 1 ) A specific identification of the record sought to be corrected or amended (for example, description, title, date, paragraph, sentence, line and words);
( 2 ) The specific wording to be deleted, if any;
( 3 ) The specific wording to be inserted or added, if any, and the exact place at which it is to be inserted or added; and
( 4 ) A statement of the basis for the requested correction or amendment, with all available supporting documents and materials which substantiate the statement.
( f ) The provisions of § 16.3(b) (2) and (3) apply to the information obtained under paragraph (e) of this section.
EN

Transmitter Setup (BNF)

Transmitter Model 

Type

Switch Select Reversing Throttle Cut Model Setup Switch Position

DX6i

acro n/a gear - R

All others - N

act Travel Adj: Flap ↑ 120 ↓ 100 

Throttle Subtrim: ↑ 10

Flaps: FLAP

Norm ↑ 100

land ↓ 100 

Mix 1:

gear → gear act

rate: D –60%, U 0%

SW: ele d/r

Smart Mode = F Mode ( POS. 0)

Return Home = F Mode (POS. 1)

AP MODE = ELE D/R (POS 1)

GIMBAL control = FLAP (POS 1),

Throttle controls gimbal angle

Accelerometer calibration = Set FLAP to POS 0 and cycle 

Flight Mode switch 4 times

Compass calibration = Set FLAP to POS 10 and cycle 

Flight Mode switch 4 times

DX6

airplane Channel Assign:

Channel Input 

Config (2nd page):

Gear: B

AUX1: A

Servo setup:

AUX1 - R

All others - N

Throttle cut:

Position: 

–130%

Switch: Switch i

Servo setup:

Travel:

120%

140%

AX1

Smart Mode = Switch B ( POS. 0)

AP MODE = Switch B (POS 1)

Return Home = Switch B (POS. 2)

GIMBAL Control = Switch A (POS 1),

Throttle controls gimbal angle

Compass calibration = Switch A (POS 1) and

cycle B switch 4 times 

Accelerometer calibration = Switch A (POS 0) and

cycle B switch 4 times

DX7s

airplane Knob: AUX2

Gear: AUX1

Flap: Gear

Servo setup:

All NORM

Throttle cut:

0% Trainer

Servo setup:

Travel:

Aux1 120% 140%

Smart Mode = Flap switch ( POS. 0)

AP MODE = FLap switch (POS 1)

Return Home = Flap switch (POS. 2)

GIMBAL Control = Gear switch (POS 0),

Knob controls gimbal angle

Compass calibration = Gear switch (POS 0) and

cycle FLAP switch 4 times

Accelerometer calibration = Gear switch (POS 1) and 

cycle FLAP switch 4 times

DX8

airplane Gear: AUX1

Knob: AUX2

F Mode: Gear 

Servo setup:

All NORM

Throttle cut:

0% Trainer

Servo setup:

Travel:

Aux1 120% 140%

Smart Mode = F Mode switch ( POS. 0)

AP MODE = F Mode switch (POS 1)

Return Home = F Mode switch (POS. 2)

GIMBAL Control = Gear switch (POS 0),

Knob controls gimbal angle

Compass calibration = Gear switch (POS 0) and

cycle FLAP switch 4 times 

Accelerometer calibration = Gear switch (POS 1) and 

cycle FLAP switch 4 times 

DX9/DX18

airplane Channel Assign:

Channel Input

Config (2nd page):

Gear: B

AUX1: A

AUX2: R Knob

Servo setup:

All NORM

Throttle cut:

Position: 

–130%

Switch: Switch i

Servo setup:

Travel:

140%

120%

AX1

Smart Mode = Switch B ( POS. 0)

AP MODE = Switch B (POS 1)

Return Home = Switch B (POS. 2)

GIMBAL Control = A switch (POS 0),

Knob controls gimbal angle

Compass calibration = A switch (POS 0) and

cycle B switch 4 times 

Accelerometer calibration = Gear switch (POS 1) and 

cycle B switch 4 times
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 69 FR 18803, Apr. 9, 2004.

#### § 200.11 Audit requirements for State and local governments as mortgagees.

Requirements set forth in 2 CFR part 200, subpart F, apply to State and local governments (as defined at 2 CFR 200.90 and 200.64, respectively) that receive mortgage insurance as mortgagees.

[80 FR 75936, Dec. 7, 2015]
U.S. Department 

of Transportation 

Federal Aviation 

Administration 

Eric N. Heyer 

Thompson Hine 

1919 M Street, NW Suite 700 

Washington, DC 20036 

John L. Watkins 

Roy E. Hadley, Jr. 

Thompson Hine 

Two Alliance Center 

3560 Lenox Road, Suite 1600 

Atlanta, GA 30326-4266 

Steven M. Taber 

TABER LAW GROUP 

1 League, #60036 

Irvine, CA 92602 

March 16, 2015 

Office of the Chief Counsel 

800 Independence Ave., SW. 

Washington, DC 20591 

Fax: 202-267-3791 

Re: Virginia One Development, LLC, eta!. v. The City Of Atlanta 

FAADocketNo. 16-12-09 

Dear Messrs. Heyer, Watkins, Hadley, and Taber: 

On March 6, 2015, counsel for Respondent submitted a Motion for Extension of Time to 

File a Reply to the Complainant's Appeal to April 7, 2015. Counsel for Respondent states 

that counsel for Complainant consented to an extension of time up to and including April 7, 

2015. 

Respondents contend in their Motion that additional time is necessary to file their appeal 

because of the many arguments raised in the Appeal Brief and the voluminous record 

associated with the proceeding. 

Part 16 is intended to expedite substantially the handling and disposition of airport -related 

complaints. [See, Rules of Practice for Federally-Assisted Airport Enforcement Proceedings, 

Final Rule, 61 Fed. Reg. 53998 (October 16, 1996).] However, the rule provides that an 

extension of time may be granted where necessary or appropriate for a fair and complete 

consideration of matters before the agency. See 14 C.F.R. § 16.11(a). An extension of time is 

reasonable under the circumstances 
Accordingly, Respondents' Motion for Extension of Time to File a Reply to the Appeal up 

to and including April 7, 2015 is granted. 

Si"?/Jt ~:tffJi-~- J!Oa:cross 

Manager, Airport Law Branch 

Airports and Environmental Law Division 

Office of the Chief Counsel 

2 
CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on March 16,2015, I caused to be placed in the United 

States mail (first class mail, postage paid) or personally delivered, a true copy of the 

foregoing document addressed to: 

Steven M. Taber 

TABER LAW GROUP 

1 League, #60036 

Irvine, CA 92620 

Counsel for Complainant 

Eric N. Heyer 

Thompson Hine 

1919 M Street, NW Suite 700 

Washington, DC 20036 

John L. Watkins 

Roy E. Hadely, Jr. 

Thompson Hine 

Two Alliance Center 

3560 Lenox Road, Suite 1600 

Atlanta, GA 30326-4266 

Counsel for Respondent 

FAA Part 16 Airport Proceedings Docket 

FAA Office of Airport Compliance and Management Analysis 

/;' ~ 1-/ J 

~~--- --t?------.. ? _..-- ~ ~/ I 

ji' on Long / 

/Airports & Environmental La'Yibiv. 

Office of the Chief Counsel, .FAA 

3
#### § 227.410 Enforcement.

The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency.
exv10w1



 






Exhibit 10.1




ACKNOWLEDGEMENT AND AMENDMENT

REGARDING EMPLOYMENT AGREEMENT




     Reference is made that certain Employment Agreement (“Employment Agreement”) between
ARTISTdirect, Inc., a Delaware corporation (the “Company”) and Jon Diamond (“Employee”), effective
July 28, 2005. Capitalized terms used herein and not defined shall have the meanings given to them
in the Employment Agreement.



     For valuable consideration, the receipt of which is hereby acknowledged, the parties hereto
acknowledge and agree that the date “March 1, 2006” set forth in the second sentence of Section 2
of the Employment Agreement shall be deleted and replaced with “July 1, 2006.”



     Except as expressly set forth in this Acknowledgement and Amendment, the terms and provisions
of the Employment Agreement shall continue unmodified and in full force and effect. This
Acknowledgement and Amendment shall be governed and construed under the laws of the State of
California, and shall be binding on and shall inure to the benefit of the parties and their
respective successors and permitted assigns.



     IN WITNESS WHEREOF, the parties hereto have duly executed this Acknowledgement and Amendment,
effective as of the 3rd day of February, 2006.



	 	 	 	 	 
	“EMPLOYEE”	 	“COMPANY”
	Jon Diamond	 	ARTISTdirect, Inc.
	 
	 	 	 	 
	     /s/ Jon Diamond

	 	By:
	 	/s/ Frederick W. Field
	 

	 	 	 	 
	Jon Diamond

	 	 	 	Frederick W. Field
	 

	 	Its:
	 	Chairman