alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §408. Order not for payment of money; when effective

Except as otherwise provided in this chapter, all orders of the Commission, other than orders for the payment of money, shall take effect thirty calendar days from the date upon which public notice of the order is given, unless the Commission designates a different effective date. All such orders shall continue in force for the period of time specified in the order or until the Commission or a court of competent jurisdiction issues a superseding order.

(June 19, 1934, ch. 652, title IV, §408, 48 Stat. 1096; Pub. L. 97–259, title I, §123, Sept. 13, 1982, 96 Stat. 1098.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

#### Amendments

1982—Pub. L. 97–259 substituted provision that all orders of the Commission but for payment of money shall take effect thirty calendar days from the date upon which public notice of the order is given, unless the Commission designates a different effective date, and that such orders shall continue in force for the period of time specified in the order or until the Commission or a court of competent jurisdiction issues a superseding order, for provision that such orders would take effect within such reasonable time, not less than thirty days after service of the order, and would continue in force until its further order, or for a specified period of time, as prescribed in the order, unless the same were suspended or modified or set aside by the Commission, or suspended or set aside by a court of competent jurisdiction.
#### In the Matter of Angela S., Appellant, v Administration for Children’s Services et al., Respondents.

[835 NYS2d 226]

In related child custody proceedings pursuant to Family Court Act article 6, the petitioner appeals from (1) an order of the Family Court, Kings County (Pearl, J.), dated November 4, 2005, which, after a hearing, dismissed the petition for custody of the child Destiny H., and (2) an order of the same court dated December 19, 2005, which, after a hearing, dismissed the petitions for custody of the children Jezzie H. and Isaiah H.

Ordered that the orders are affirmed, without costs or disbursements.

Custody determinations depend to a great extent upon the hearing court’s assessment of the credibility of the witnesses and of the character, temperament, and sincerity of the parties *(see Matter of Brian S. v Stephanie P.,*34 AD3d 685, 686 [2006], *lv denied*8 NY3d 805 [2007]; *Matter of James v Hickey,*6 AD3d 536, 537 [2004]). Accordingly, a determination of custody should not be set aside unless it lacks a sound and substantial basis in the record *(see Matter of James v Hickey, supra).*The essential consideration in any child custody controversy is the best interests of the child *(see*Domestic Relations Law § 70 [a]; *Eschbach v Eschbach,*56 NY2d 167, 171 [1982]).

Here, the Family Court’s determination that it was in the best interests of the subject children (hereinafter the grandchildren) to deny custody to their maternal grandmother has a sound basis in the record. The petitioner, who worked full time and cared for five of her own children, did not demonstrate that she could make child care arrangements which would accommodate the special needs of two of the grandchildren *(see Matter of Luz Maria V.,*23 AD3d 192, 194 [2005]; *Matter of Donald W.,*17 AD3d 728, 730 [2005]). Additionally, there was evidence that the living arrangements at the petitioner’s house would be unsuitable for the grandchildren *(see Matter of Susan FF. v Maryann FF,*11 AD3d 757, 758 [2004]). Accordingly, the court properly determined that their best interests required continuing custody with the Administration for Children’s Services so that they could be made available for adoption by their foster *552mother, who had cared for the grandchildren for the majority of their lives *(see Matter of James v Hickey, supra*at 537; *Matter of Ella J. v Iva J.,*4 AD3d 527, 528 [2004]; *Matter of Violetta K. v Mary K.,*306 AD2d 480, 481 [2003]). Schmidt, J.P., Santucci, Krausman and Balkin, JJ., concur.
#### § 57.13020 Use of compressed air.

At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury.
3500

E S P E R A N Z A R DE S P E R A N Z A R D

Dave Gill Cana

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io Grande

Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal Dave Gill Canal

UNITED

STATES

OF

AMERICA

ESTADOS

UNIDOS

MEXICANOS

Fort Quitman

Lake

Dam Number 2

Esperanza Silver

King

Canyon

McNary

Esperanza

OE S

Neely

Arroyo

Neely

Canyon

OE S

105°37'30"

2'30"

5' 5'

42'

31°00'

2'30"

30"

42'

31° 31°

45' 37'

40'

30"

105°

30"

40' 30"

31°00'

105° 30"

07'

105°

45'

07'

34

34

4

34

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4

34

4 4

34

34

34

34

4 4

4

4

4

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34

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4

34

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4 4

34

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4 4

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4 000m

4 4 4

29 39

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FEET

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10 410 000

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640 000 FEET

610 000

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000m

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U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

TEXAS

ADJOINING 7.5' QUADRANGLES

QUADRANGLE LOCATION

TX 31105-212

ESPERANZA OE S, TX-CHH

2010

Interstate Route State Route

ROAD CLASSIFICATION

Interstate Route US Route State Route

Ramp 4WD

US Route Local Road

ESPERANZA OE S QUADRANGLE

TEXAS-CHIHUAHUA

7.5-MINUTE SERIES

Zone 13R

Imagery.............................................NAIP, September 2008

Roads.....................................US Census Bureau TIGER data

with limited USGS updates, 2008

Names...............................................................GNIS, 2008

Hydrography.................National Hydrography Dataset, 1995

Contours............................National Elevation Dataset, 2005

North American Datum of 1983 (NAD83)

World Geodetic System of 1984 (WGS84). Projection and

1 000-meter grid: Universal Transverse Mercator,

Produced by the United States Geological Survey

10 000-foot ticks: Texas Coordinate System of 1983

(central zone)

1000 500 0 METERS 1000 2000

1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

FEET

This map was produced to conform with version 0.5.10 of the

draft USGS Standards for 7.5-Minute Quadrangle Maps.

A metadata file associated with this product is also draft version 0.5.10

SCALE 1:24 000

1 0.5 0 1

MILES

MN

1 0.5 0 KILOMETERS 1 2

GN

UTM GRID AND 2010 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET

0° 21 ́

6 MILS

8° 34 ́

152 MILS

U.S. National Grid

100,000-m Square ID

Grid Zone Designation

13R

DQ

CONTOUR INTERVAL 20 FEET

NORTH AMERICAN VERTICAL DATUM OF 1988
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

HEATH WHITEAKER, )

)

Appellant, )

)

v. ) Case No. 2D18-896

)

STATE OF FLORIDA, )

)

Appellee. )

________________________________ )

Opinion filed June 5, 2019.

Appeal from the Circuit Court for Polk

County; Keith Spoto, Judge.

Howard L. Dimmig, II, Public Defender,

and Pamela H. Izakowitz, Assistant

Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General,

Tallahassee, and Donna S. Koch, 

Assistant Attorney General, Tampa,

for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, SILBERMAN, and ATKINSON, JJ., Concur.
### §47530. Nonapplication of sections 47528(a)–(d) and 47529 to aircraft outside the 48 contiguous States

Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft used only to provide air transportation outside the 48 contiguous States. A civil subsonic turbojet aircraft with a maximum weight of more than 75,000 pounds that is imported into a noncontiguous State or a territory or possession of the United States after November 4, 1990, may be used to provide air transportation in the 48 contiguous States only if the aircraft complies with the stage 3 noise levels.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 47530 | 49 App.:2157(d). | Nov. 5, 1990, Pub. L. 101–508, §9308(d), 104 Stat. 1388–383; Oct. 28, 1991, Pub. L. 102–143, §349(a), 105 Stat. 949. |

Section
**Exhibit
      15**








August
      8,
      2006





The
      Board
      of Directors


Credit
      Suisse (USA), Inc.


New
      York,
      New York





Re:
      Registration statements No. 333-131970, 333-116241, 333-86720, 333-71850,
      333-62422, 333-07657, 333-34149, 333-53499, 333-73405 and 333-30928





With
      respect to the subject registration statements, we acknowledge our awareness
      of
      the use therein of our report dated August 8, 2006 related to our review of
      interim financial information.





Pursuant
      to Rule 436 under the Securities Act of 1933 (the “Act”), such report is not
      considered part of a registration statement prepared or certified by an
      independent registered public accounting firm, or a report prepared or certified
      by an independent registered public accounting firm within the meaning of
      Sections 7 and 11 of the Act.








/s/
                KPMG LLPNew
                York, New York
#### § 56.14105 Procedures during repairs or maintenance.

Repairs or maintenance of machinery or equipment shall be performed only after the power is off, and the machinery or equipment blocked against hazardous motion. Machinery or equipment motion or activation is permitted to the extent that adjustments or testing cannot be performed without motion or activation, provided that persons are effectively protected from hazardous motion.
#### § 983.151 Applicability.

This subpart applies to development activity, as defined in § 983.3, under the PBV program.
§ 57.18028 Mine emergency and self-rescuer training. ( a ) On an annual basis, all persons who are required to go underground shall be instructed in the Mine Safety and Health Administration approved course contained in Bureau of Mines Instruction Guide 19, “Mine Emergency Training” (September 1972). The instruction shall be given by MSHA personnel or by persons who are certified by the District Manager of the area in which the mine is located.
( b ) On an annual basis, all persons who go underground shall be instructed in the Mine Safety and Health Administration course contained in Bureau of Mines Instruction Guide 2, “MSA W-65 Self-Rescuer” (March 1972) or Bureau of Mines Instruction Guide 3, “Permissible Drager 810 Respirator for Self-Rescue” (March 1972). The instruction shall be given by MSHA personnel or by persons who are certified by the District Manager of the area in which the mine is located: *Provided, however,* That if a Mine Safety and Health Administration instructor or a certified instructor is not immediately available such instruction of new employees in self-rescuers may be conducted by qualified company personnel who are not certified, but who have obtained provisional approval from the District Manager. Any person who has not had self-rescuer instruction within 12 months immediately preceding going underground shall be instructed in the use of self-rescuers before going underground.
( c ) All instructional material, handouts, visual aids, and other such teaching accessories used by the operator in the courses prescribed in paragraphs (a) and (b) of this section shall be available for inspection by the Secretary or his authorized representative.
( d ) Records of all instruction shall be kept at the mine site or nearest mine office at least 2 years from the date of instruction. Upon completion of such instruction, copies of the record shall be submitted to the District Manager.
( e ) The Bureau of Mines instruction guides to which reference is made in items (a) and (b) of this standard are hereby incorporated by reference and made a part hereof. The incorporated instruction guides are available and shall be provided upon request made to any Metal and Nonmetal Mine Safety and Health district office.
[50 FR 4082, Jan. 29, 1985, as amended at 71 FR 16667, Apr. 3, 2006]
#### In re CASSIDY’S ESTATE.

(Supreme Court, Appellate Division, First Department.

January 23, 1903.)

In the matter of Ann Cassidy, deceased.

No opinion. Motion granted on payment of $20 costs.
§ 285.406 Who is responsible for fulfilling lease and grant obligations? ( a ) When you are not the sole lessee or grantee, you and your co-lessee(s) or co-grantee(s) are jointly and severally responsible for fulfilling your obligations under the lease or grant and the provisions of this part or 30 CFR parts 585 or 586, unless otherwise provided in this part.
( b ) If your designated operator fails to fulfill any of your obligations under the lease or grant and this part or 30 CFR parts 585 or 586, BSEE may require you or any or all of your co-lessees or co-grantees to fulfill those obligations or other operational obligations under the OCS Lands Act, the lease, grant, or the regulations.
( c ) Whenever the regulations in this part or 30 CFR parts 585 or 586 require the lessee or grantee to conduct an activity in a prescribed manner, the lessee or grantee and operator (if one has been designated) are jointly and severally responsible for complying with the regulations.
EXHIBIT 11.1

                    Computation of Net Loss Per Common Share
                    (In thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                             Three Months          Three Months
                                                                 Ended                Ended
                                                            March 31, 1999        March 31, 1998
                                                            --------------        --------------
<S>                                                            <C>                   <C>      
Historical weighted average shares outstanding ...               28,908                20,007
                                                               --------              --------

Shares used in computing net loss per common share               28,908                20,007
                                                               ========              ========

Net loss .........................................             $(18,431)             $(16,408)
                                                               ========              ========

Basic and diluted net loss per common share ......             $  (0.64)             $  (0.82)
                                                               ========              ========
</TABLE>
§ 585.621 What must I demonstrate in my COP? Your COP must demonstrate that you have planned and are prepared to conduct the proposed activities in a manner that: ( a ) Conforms to your responsibilities listed in § 585.105(a);
( b ) Conforms to all applicable laws, regulations, and provisions of your commercial lease;
( c ) Is safe;
( d ) Does not unreasonably interfere with other uses of the OCS, including those involved with national security or defense;
( e ) Does not cause undue harm or damage to natural resources; life (including human and wildlife); property; the marine, coastal, or human environment; or sites, structures, or objects of historical or archaeological significance;
( f ) Uses best available and safest technology;
( g ) Uses best management practices; and
( h ) Uses properly trained personnel.
#### § 57.4401 Storage tank foundations.

Fixed, unburied, flammable or combustible liquid storage tanks shall be securely mounted on firm foundations. Piping shall be provided with flexible connections or other special fittings where necessary to prevent leaks caused by tanks settling.
### §6308. Proceeds of data product sales

Notwithstanding section 3302 of title 31, amounts received by the Bureau from the sale of data products for necessary expenses incurred may be credited to the Highway Trust Fund (other than the Mass Transit Account) for the purpose of reimbursing the Bureau for those expenses.

(Added Pub. L. 112–141, div. E, title II, §52011(a), July 6, 2012, 126 Stat. 893.)

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

#### Effective Date

Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
#### Shirley Montepel, Respondent, v. Alexander Medura et al., Appellants, et al., Defendants.

In a proceeding pursuant to statute (Insurance Law, art. 17-A, § 610 *et seq.)*to require the Motor Vehicle Accident Indemnification Corporation (hereafter called “MVAIC”) to pay $10,000 plus interest and costs of $212.50, upon a judgment of the Supreme Court, Queens County, entered July 3, 1962 in the petitioner’s favor in an action to recover damages for personal injury, the MVAIC appeals from an order of said court, dated August 10, 1962, which directed it to pay to petitioner said sum of $10,000, plus said interest and costs of $212.50. Order affirmed, with $10 costs and disbursements to petitioner against the appellant MVAIC. (See *Matter of Moore*v. *Motor Vehicle Acc. Ind. Corp.,*18 A D 2d 1006.) Beldock, p. j., Ughetta, Christ, Brennan and Hill, JJ., concur.
#### Carole C. Wilson, Appellant, v Bristol-Myers Company et al., Respondents.

Supreme Order, Supreme New York County, entered August 11, 1977, granting defendants’ motion for summary judgment solely on the defense of the Statute of Limitations and dismissing all five causes of action of the complaint, unanimously modified, on the law, to deny the motion as to the first, second, third and fifth causes of action and otherwise affirmed, with $60 costs and disbursements of this appeal to plaintiff-appellant and without prejudice to an appropriate motion for summary judgment adadto the merits of the remaining causes of action. The appeal is here in a limited procedural posture. Defendants’ motion for summary judgment was expressly made and submitted solely on their affirmative defense of the Statute of Limitations. Only as to the fourth cause of action can we agree with Special Term that as "a matter of law that defense is a bar. The other causes, the first on the ground of unjust enrichment and for an accounting based on breach of fiduciary duty; the second for fraud; the third alleging negligence in failing to prosecute a patent application; and the fifth for breach of implied contract and breach of fiduciary duty may have been instituted in whole or in part within the applicable periods of limitation. Defendants asserted and the learned Justice at Special Term held that they were all causes of action for injury to property barred by the three-year Statute of Limitations, although the issue of the viability of these causes of action on other grounds was not properly tendered. While we have doubts as to the sufficiency of the second and third causes and the likelihood of plaintiff’s success on the others, we have not reached the merits because the motion did not clearly litigate such matters. On the face of the limited papers before the court and the restricted nature of the motion it appears that there may be facts sufficient to ground causes of action by plaintiff which are not time-barred to recover for unjust enrichment premised upon breach of a fiduciary duty or for breach of implied contract and breach of fiduciary duty founded upon her allegation that she was a coinventor. The test of a cause of action, for Statute of Limitations purposes, is its gravamen not the form in which it is pleaded *(Petnel v American Tel. & Tel. Co.,*280 App Div 706, where the motion was to dismiss on the face of the complaint and moving affidavits). As that case holds, the circumstances under which defendants acquired knowledge of the invention and used it may be critical in determining the right to recover for its use. *(Tabor v Hoffman,*118 NY 30.) Therefore, we have disposed of the appeal without prejudice to á properly presented motion for summary judgment on the merits, based on affidavits of parties with actual knowledge and not a mere marshaling of pleadings and depositions. Concur—Silverman, J. P., Fein, Lane, Markewich and Sullivan, JJ.
#### § 56.19111 Shaft-sinking ladders.

Substantial fixed ladders shall be provided from the collar to as near the shaft bottom as practical during shaft-sinking operations, or an escape hoist powered by an emergency power source shall be provided. When persons are on the shaft bottom, a chain ladder, wire rope ladder, or other extension ladders shall be used from the fixed ladder or lower limit of the escape hoist to the shaft bottom.
No. 89-1271.

#### Jupin *v.*Stetzer et al.

C. A. 3d Cir. Certiorari denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS INCLUDED IN THE FORM 10-QSB OF BRILLIANT DIGITAL
ENTERTAINMENT, INC. TO WHICH THIS EXHIBIT IS A PART AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS (IN THOUSANDS, EXCEPT PER
SHARE DATA).
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                           4,328
<SECURITIES>                                         0
<RECEIVABLES>                                    1,973
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 6,369
<PP&E>                                           1,023
<DEPRECIATION>                                   (384)
<TOTAL-ASSETS>                                   7,675
<CURRENT-LIABILITIES>                            1,143
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                       6,525
<TOTAL-LIABILITY-AND-EQUITY>                     7,675
<SALES>                                          2,377
<TOTAL-REVENUES>                                 2,377
<CGS>                                               17
<TOTAL-COSTS>                                    3,685
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  (942)
<INCOME-TAX>                                       (2)
<INCOME-CONTINUING>                              (944)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (944)
<EPS-PRIMARY>                                    (.13)
<EPS-DILUTED>                                    (.13)
        

</TABLE>