alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 232.600 Title evidence. The lender, without expense to the Commissioner, shall furnish to the Commissioner a policy of title insurance, or if the lender is unable to furnish a policy for reasons satisfactory to the Commissioner, the lender, without expense to the Commissioner, shall furnish an abstract of title. The following are the requirements covering the title insurance and abstract of title: ( a ) The policy of title insurance shall be issued by a company, and in a form, satisfactory to the Commissioner. The policy shall name as the insureds the lender and the Secretary of Housing and Urban Development, as their respective interests may appear. The policy shall provide that upon acquisition of title by the lender or the Secretary, the policy of title insurance will continue to provide the same coverage as the original policy, and will run to the lender or the Secretary, as the case may be.
( b ) The abstract of title shall be satisfactory to the Commissioner, prepared by an abstract title company or an individual engaged in the business of preparing abstracts of title, accompanied by a legal opinion satisfactory to the Commissioner, as to the quality of such title, signed by an attorney at law experienced in the examination of titles.
[39 FR 28966, Aug. 12, 1974, as amended at 58 FR 34216, June 24, 1993]
Third Department,

September, 1960

(September 13, 1960)

#### In the Matter of the Claim of Harry Trudeau, Appellant, against Colonial Sand & Stone Co., Inc., et al., Respondents. Workmen’s Compensation Board, Respondent.

Motion by the New York State Association of Plaintiffs’ Trial Lawyers for leave to file a brief *amicus curia.*Motion granted. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
I 

109TH CONGRESS 

1ST SESSION H. R. 2550

To extend the temporary suspension of duty on Pigment Yellow 154. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 23, 2005

Mr. LANGEVIN introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To extend the temporary suspension of duty on Pigment 

Yellow 154.

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

3 SECTION 1. PIGMENT YELLOW 154. 

4 (a) IN GENERAL.—Heading 9902.32.18 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Pigment Yellow 154) is amended by striking ‘‘12/31/

7 2006’’ and inserting ‘‘12/31/2008’’. 

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

9 subsection (a) applies to goods entered, or withdrawn from 
2

•HR 2550 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act.

Æ
### The Honorable H. Franklin Waters, Chief Judge, United States

District Court for the Western District of Arkansas, adopting the report and recommendation of the Honorable Beverly R. Stites , Un ited States Magistrate Judge for the Western District o f Arkansas. ___________ No. 95-4043

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Western District of Arkansas. Steven J. Samples, * * [UNPUBLISHED] Appellant. *

___________ Submitted: November 8, 1996 Filed: November 15, 1996

___________ Before BEAM, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

___________ PER CURIAM.

Ste ven J. Samples appeals the district court's denial of his 2 8 1 U.S.C. § 2255 motion. Samples's double jeopardy claims are foreclosed for the reasons set forth in United States v. Ursery , 116 S. Ct. 2135, 2148-49 (1996) (holding civil forfeitures under 21 U.S.C. § 881(a)(6) and (7) are neither "punishment" nor criminal for purposes o f Double Jeopardy Clause), and United States v. One 1970 36.9' Columbia Sailing Boat , 91 F.3d 1053, 1056 (8th Cir. 1996) (holding Ursery applies to forfeitures under § 881(a)(4)). Likewise, Samples's ineffective-ass istance claim based on his counsel's failure to advise him of a possible double jeopardy defense is foreclosed. Cf. Thomas v. United States , 951 F.2d 902,

### -2-

904 (8th Cir. 1991) (per curiam) (counsel not ineffective for failing to raise meritless issue s). The district court properly declined to address the sentencing issues Samples raises in his supplemental brief. Samples did not demonstrate cause and prejudice forgivin g his failure to raise the issues on direct appeal. See Reid v. United States , 976 F.2d 446, 448 (8t h Cir. 1992), cert. denied , 507 U.S. 945 (1993).

Ac cordingly, after carefully reviewing the record, we conclude th e district court correctly dismissed Samples's petition. We deny Samples's request for appointment of counsel on appeal.
A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
**EXHIBIT 32.2**

 

**Certification Pursuant toSection 906 of the Sarbanes-Oxley Act of 2002(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United StatesCode)**

** **

Pursuant to Section 906 of the Sarbanes-Oxley Act of2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, UnitedStates Code), I, Michael G. Long, Chief Financial Officer of EdgePetroleum Corporation, Inc., a Delaware corporation (the “Company”), herebycertify, to my knowledge, that:

 

(1)           the Company’s Quarterly Report on Form 10-Qfor the three months ended September 30, 2007 (the “Report”) fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

(2)           the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Dated:   November  8, 2007 |                                    | /s/ Michael G. Long |
|-------------------------------------------|-----------------------------------------|---------------------|
|                                      | Michael G. Long                         |
|                                      | Chief Financial and  Accounting Officer |
|                                           |                                         |                     |  |

 

----
#### § 115.303 Eligible activities for capacity building funds.

The primary purposes of capacity-building funding are to provide for complaint activities and to support activities that produce increased awareness of fair housing rights and remedies. All such activities must support the agency's administration and enforcement of its fair housing law and address matters affecting fair housing that are cognizable under the Fair Housing Act.
§ 266.616 Transfer of partial interest under participation agreement. The HFA may not assign the mortgage. However, a partial interest in an insured mortgage or pool of insured mortgages may be transferred under a participation agreement or arrangement (such as a declaration of trust or the issuance of pass-through certificates), without obtaining the approval of the Commissioner, if the following conditions are met: ( a ) Legal title to the insured mortgage or mortgages shall be held by the HFA; and
( b ) The participation agreement, declaration of trust or other instrument under which the partial interest is transferred shall provide that: ( 1 ) The HFA shall remain mortgagee of record under the contract of mortgage insurance;
( 2 ) The Commissioner shall have no obligation to recognize or deal with anyone other than the HFA with respect to the rights, benefits, and obligations of the mortgagee under the contract of insurance; and
( 3 ) The mortgagor shall have no obligation to recognize or do business with any one other than the HFA or, if applicable, its servicing agent with respect to rights, benefits, and obligations of the mortgagor or the mortgagee under the mortgage.
#### Tandra Engles, Appellant, v Apellow Jean Claude et al., Respondents.

[835 NYS2d 52]

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered March 17, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

The affidavits of plaintiffs experts are not defective simply because the notary’s signature and seal appear on a separate page following the deponents’ respective signatures *(cf. Collins v AA Truck Renting Corp.,*209 AD2d 363 [1994]), and the positive MRI findings should have been considered, although unsworn, because they were reviewed by defendants’ expert orthopedist in reaching his opinion *(see Thompson v Abbasi,*15 AD3d 95, 97 [2005]). Issues of fact as to whether plaintiff sustained serious injuries within the meaning of Insurance Law § 5102 (d) are raised by her experts’ opinions that, as a result of the accident, she sustained a torn meniscus of the right knee that will require arthroscopic surgery *(see Noriega v Sauerhaft,*5 AD3d 121 [2004]), tendinosis of the right shoulder *(see Jones v Norwich City School Dist.,*283 AD2d 809 [2001]), and has been unable to return to work as a traffic control officer because of an inability to stand for long periods of time or lift her right arm above the head *(cf. De Araujo v Stem Cab Corp.,*207 AD2d 823 [1994], *lv denied*84 NY2d 813 [1995]). Plaintiffs other claimed injuries were not serious within the meaning of the statute. Concur—Tom, J.P., Andrias, Sullivan, Williams and Gonzalez, JJ.
Exhibit 11

                     METRIS COMPANIES INC. AND SUBSIDIARIES
                        Computation of Earnings Per Share
<TABLE>

In thousands, except per share amounts             Three Months Ended June 30,  Six Months Ended June 30,
                                                        1999        1998         1999        1998
BASIC:
<S>                                                 <C>          <C>         <C>          <C>
Net (loss)/income applicable to common
     stockholders ...............................   $(129,369)   $  12,400   $(112,254)   $  23,624

Weighted average number of common shares
     outstanding ................................      38,570       38,450      38,548       38,450

Net (loss)/income per share .....................   $   (3.35)   $     .32   $   (2.91)   $     .61

DILUTED:

Net (loss)/income applicable to common
     stockholders ...............................   $(129,369)   $  12,400   $(112,254)   $  23,624

Weighted average number of common shares
     outstanding ................................      38,570       38,450      38,548       38,450

Net effect of assumed exercise of stock options
     based on treasury stock method using average
     market price ...............................          --        1,514          --        1,426
                                                       ------       ------      ------       ------
                                                       38,570       39,964      38,548       39,876
                                                       ======       ======      ======       ======


Net (loss)/income per share .....................   $   (3.35)   $     .31   $   (2.91)   $     .59

</TABLE>
magex10-3_20101003.htm












EXHIBIT 10.3










Magnetek, Inc.


Non-Qualified Stock Option Agreement


(Form Stock Option Award Agreement Retention Based)







FOR GOOD AND VALUABLE CONSIDERATION, MAGNETEK, INC., a Delaware corporation, hereby irrevocably grants to the Optionee named below the non-qualified stock option (the “Option”) to purchase any part or all of the specified number of shares of its $0.01 par value Common Stock upon the terms and subject to the conditions set forth in this Agreement, at the specified purchase price per share without commission or other charge.  The Option is granted pursuant to the plan specified below (the “Plan”) and the standard terms and conditions (“Standard Terms and Conditions”) promulgated under such Plan.  The terms of the Plan and the Standard Terms and Conditions are hereby incorporated herein by reference and made a part of this Agreement.  The Compensation Committee shall have the power to interpret this Agreement.


 



	
The Plan:

	
Second Amended and Restated 2004 Stock Incentive Plan of Magnetek, Inc., November 5, 2009


 


	
Name of Optionee:

	  
	  	  
	
Social Security Number:

	  
	  	  
	
Number of Shares covered by Option:

	  
	  	  
	
Grant Date:

	  
	  	  
	
Purchase Price Per Share:

	  
	  	  
	
Minimum Number of Shares Per Partial Exercise:

	
100 Shares












The Option shall vest and become exercisable in installments as follows:







Until __________, the Option shall not be exercisable to any degree.







As of __________, the Option shall become exercisable as to 100% of the Shares covered by the Option.







Option Term:     10 years from the Grant Date.







Change of Control: In the event that your employment is terminated as a result of a “Change of Control,” as defined in Section 13.2 of the Plan, your rights with respect to the Options awarded shall accelerate and vest in full upon the Change of Control.







The Option exercise price may be paid in the form of one or more of the following:  (i) cash or certified or cashiers’ check, (ii) delivery of shares of Common Stock or other property deemed acceptable by the Committee; or (iii) a reduction in the number of Shares issuable pursuant to the Option.  Unless otherwise specified by the Committee, Optionee may, upon termination of employment, exercise the vested, unexercised portion of the Option within 90 days after his or her employment termination date.  The Option may not be sold, assigned, conveyed, gifted, pledged, hypothecated or otherwise transferred in any manner prior to the vesting or lapse of all restrictions, other than by will or the laws of descent and distribution or pursuant to a “domestic relations order” as defined in the Internal Revenue Code of 1986, as amended.













 



	  MAGNETEK, INC. 	 	 OPTIONEE
	 	 	 	 
	
 By:

	 	 	 
	 	 [Name & Title]	 	 Name:
	 	 	 	 
	 By:	 	 	 
	 	 [Name & Title]	 	 Address:
### §7384d. Establishment of Energy Employees Occupational Illness Compensation Program

#### (a) Program established

There is hereby established a program to be known as the "Energy Employees Occupational Illness Compensation Program" (in this subchapter referred to as the "compensation program"). The President shall carry out the compensation program through one or more Federal agencies or officials, as designated by the President.

#### (b) Purpose of program

The purpose of the compensation program is to provide for timely, uniform, and adequate compensation of covered employees and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Energy and certain of its contractors and subcontractors.

#### (c) Eligibility for compensation

The eligibility of covered employees for compensation under the compensation program shall be determined in accordance with the provisions of part B as may be modified by a law enacted after the date of the submittal of the proposal for legislation required by section 7384f of this title.

(Pub. L. 106–398, §1 [div. C, title XXXVI, §3611], Oct. 30, 2000, 114 Stat. 1654, 1654A–497.)
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2966 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2966

 To amend title 38, United States Code, to clarify the availability of 
   emergency medical care for veterans in non-Department of Veterans 
                      Affairs medical facilities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2005

  Mr. Honda introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to clarify the availability of 
   emergency medical care for veterans in non-Department of Veterans 
                      Affairs medical facilities.

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

SECTION 1. CLARIFICATION OF AVAILABILITY OF EMERGENCY MEDICAL CARE FOR 
              VETERANS IN NON-DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
              FACILITIES.

    Section 1725(f)(1)(C) of title 38, United States Code, is amended 
by inserting before the period at the end the following: ``, with the 
determination of whether the veteran can be so transferred to be based 
both on the condition of the veteran and on the availability of a bed 
in a Department facility that is not geographically inaccessible to the 
veteran''.
                                 <all>
```
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LAW OFFICES OF JOHN BURRIS 

JOHN L. BURRIS, ESQ (SBN 69888) 

STEVEN R. YOURKE (SBN 118506) 

7677 Oakport St., Suite 1120 

Oakland, CA 94621 

Phone: (510) 839-5200 

Fax: (510) 839-3882 

Email: steven.yourke@johnburrislaw.com

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT, 

NORTHERN DISTRICT OF CALIFORNIA 

TIMOTHY MITCHELL, SR., et al., 

Plaintiffs, 

 vs. 

CITY OF PITTSBURG, et al. 

 Defendants. 

 

CASE NO.: CV 09 - 0794 SI 

STIPULATION TO CONTINUE 

SETTLEMENT CONFERENCE & 

EXTEND TIME FOR EXPERT 

DISLOURE PER RULE 26 & 

PROPOSED ORDER 

The parties to this action by and through their respective counsel do hereby 

stipulate that the settlement conference presently scheduled for May 3, 2010 be taken 

off calendar and that the deadline for disclosure of expert witnesses be extended 60 

days, from April 30, 2010 until June 30, 2010. 

Good cause exists for taking the settlement conference off calendar and for 

extending the time for disclosing experts, to wit, Plaintiff intends to move the Court to 

be allowed to add two new defendants. 'HIHQGDQWVZLOOQRWRSSRVHSODLQWLII¶VPRWLRQ

to amend the complaint to add such new defendants. Settlement of this action will not 

be feasible until all defendants are before the Court. The deadline for disclosing 

expert witnesses is presently set for April 30, 2010. Such deadline should be extended 

Case 3:09-cv-00794-SI Document 43 Filed 04/27/10 Page 1 of 2
2 

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for 60 days in order to allow the parties to depose the anticipated new defendants 

before disclosing experts. 

Respectfully submitted, LAW OFFICE OF JOHN BURRIS 

_________________________ 

Steven R. Yourke, Esq. 

Attorney for all plaintiffs 

 EDRINGTON, SCHIRNER & MURPHY 

 ___________________________ 

 JAMES MARZAN 

 Attorney for all Defendants. 

IT IS SO ORDERED.

The settlement conference presently set in this action for May 3, 2010 is hereby 

cancelled. 

The deadline for disclosure of expert witnesses pursuant to Rule 26 of the 

Federal Rules of Civil Procedure is hereby extended until June 30, 2010. 

 __________________________ 

 Hon. Susan Illston, 

 United States District Court 

Case 3:09-cv-00794-SI Document 43 Filed 04/27/10 Page 2 of 2
#### In re estate of Winfield Scott Thurber, deceased. Corporation of the Fine Arts Building, appellant, v. Chicago Title & Trust Company, administrator de bonis non of the estate of Winfield Scott Thurber, deceased, appellee.

Gen. No. 27,973.

Claim, for expense administration of an estate, of the fair rental value of certain premises. Supplemental petition in Probate Court. Claim disallowed and petition dismissed. Appeal to Circuit Court. Petition dismissed. Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1922.

Affirmed.

Opinion filed May 28, 1923.

Tenney, Harding *&*Sherman, for appellant. Bangs & Frankhauser and Judah, Willard, Wolf *&*Reiehmann, for appellee; Arthur M. Cox, of counsel.

Mr. Presiding Justice McSurely

delivered the opinion of the court.
### §3796cc–6. Transferred

#### **Editorial Notes**

#### Codification

Section 3796cc–6 was editorially reclassified as section 10367 of Title 34, Crime Control and Law Enforcement.
#### § 213.501 Savings clause.

No new loans are being insured under the Cooperative Housing Mortgage Insurance Program for individual properties released from a project mortgage. Any existing insured loans on individual properties released from a project mortgage under this program will continue to be governed by the regulations on eligibility requirements, contract rights and obligations, and servicing responsibilities in effect as they existed immediately before December 26, 1996.

[61 FR 60160, Nov. 26, 1996]
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 Health and Human Services

###### Centers for Disease Control and Prevention

# FOR FURTHER INFORMATION CONTACT:

                        Michael Goldcamp, Ph.D., Scientific Review Officer, NIOSH, 1095 Willowdale Road, Morgantown, WV 26506, (304) 285-5951;                         *MGoldcamp@cdc.gov.*

                        The Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention, has been delegated the authority to sign                         **Federal Register**                         notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.                    

Kalwant Smagh,

Director, Strategic Business Initiatives Unit, Office of the Chief Operating Officer, Centers for Disease Control and Prevention.

[FR Doc. 2020-26256 Filed 11-27-20; 8:45 am]

BILLING CODE 4163-18-P
### . BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Agreements Adopted by the Traffic Conferences of the International Air Transport Association OST-2012-·

APPLICATION FOR APPROVAL OF AGREEMENTS BY THE INTERNATIONAL AIR TRANSPORT ASSOCIATION

· lATA AGREEMENT APPROVED 

### & IMMUNIZED

DOCI<ETOST-...1&.- 

## 00 70 ACTIONDATE 

# JlAT

# IIi:;l&;/2. This approval**~rid** p,rant ofantitrust immunity is subject, where applicable, to condit1ow un;v'oesly !mposed

.

.**Thi~** "''twn :' :1 ic:::t.iv,; aiter 7days unless apetition is filed under

14 CFR 3lS::·"'u or areview is undertaken on the Department's own motion. In view ofthe agreement's noncontroversial nature and the avaiJability of the abov rocedure, the 21-da perio in 4CFR 303.42 is waived.



### 8 May 2012 Communications with respect to this document should be sent to Douglas E. Lavin Regional Vice President
- North America International Air Transport Association 1776 K.St. N.W. #121 h 

### Floor. Washington DC 20006
Case 3:09-cv-01228-EMC Document 37 Filed 06/03/10 Page 1 of 3
Case 3:09-cv-01228-EMC Document 37 Filed 06/03/10 Page 2 of 3
Case 3:09-cv-01228-EMC Document 37 Filed 06/03/10 Page 3 of 3
### §1242. Transferred

#### **Editorial Notes**

#### Codification

Section 1242 was editorially reclassified as section 2702 of this title.