alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of John W. O’Neill et al., Appellants, v. Joseph Schechter et al., Constituting the Civil Service Commission of the City of New York, Respondents.

Appeal from order entered on-October 27, 1959, denying petitioners’ motion for an order directing the respondents to grant credit for the answers of the petitioners to questions 21, 25, 28, 29, 53, 54, 56, 66, 67 and 88 of the examination for promotion from Patrolman to Sergeant, Police Department, City of New York, held on January 5, 1957, and remanding the matter to respondents for reconsideration, unanimously dismissed, with $20 costs and disbursements to the respondents. This order is not a final one as it directs the respondents to take further action that would require the exercise of discretion rather than the performance of a merely ministerial duty *(Matter of American Holding Corp.*v. *Murdock,*6 A D 2d 596). An appeal from a nonfinal order in an article 78 proceeding may only be taken where leave to do so has been granted (Civ. Prac. Act, § 1304; *Matter of American Holding Corp.*v. *Murdoch, supra).*No leave to appeal having been obtained and the respondents having taken proper objection, a review by this court is precluded (Civ. Prac. Act, § 1304; *Matter of Hirsch*v. *State Rent Comm.,*10 A D 2d 35). Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.
<PAGE>


                                                                  EXHIBIT 23 (b)


                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the previously filed
Registration Statements of National City Bancshares, Inc. (File No. 333-10739
and 333-56295) of the report of Eskew & Gresham PSC dated February 25, 1998, on
their audit of the consolidated balance sheets of Progressive Bancshares, Inc.
as of December 31, 1997 and 1996, and the related consolidated statements of
income, stockholders' equity, and cash flows for the years then ended, which
report is included in this Annual Report on Form 10-K.



/s/ CROWE, CHIZEK & COMPANY LLP
-------------------------------
Lexington, Kentucky
March 24, 1999
### §431. Transferred

#### **Editorial Notes**

#### Codification

Section 431, comprising section 701 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as section 3141 of this title.
### §4823. Consultation with other agencies on commodity classification

Notwithstanding any other provision of law, the Secretary shall consult with the Secretary of Defense, the Secretary of State, and the Secretary of Energy, as appropriate, regarding commodity classifications for any item the Secretary and the Secretary of Defense, the Secretary of State, and the Secretary of Energy identify and mutually determine is materially significant enough to warrant interagency consultation.

(Pub. L. 115–232, div. A, title XVII, §1764, Aug. 13, 2018, 132 Stat. 2232.)
### §435a. Transferred

#### **Editorial Notes**

#### Codification

Section 435a, comprising section 309 of the Intelligence Authorization Act for Fiscal Year 2001, Pub. L. 106–567, was editorially reclassified as section 3345 of this title.
EC

/R Incorporated Providing Environmental Technical Support Since 1989

501 Eastowne Drive, Suite 250  Chapel Hill, North Carolina 27514

Telephone: (919)484-0222  Fax: (919) 484-0122

MEMORANDUM

DATE: August 1, 2013

SUBJECT: Summary of May 13, 2013, Teleconference with Representatives from British 

Petroleum

FROM: Heather P. Brown, EC/R Incorporated

TO: Bruce Moore, EPA/OAQPS/SPPD/FIG

I. PURPOSE

This memorandum summarizes the May 13, 2013 teleconference between the Environmental 

Protection Agency (EPA) and British Petroleum (BP) personnel. The intent of the teleconference 

was to allow BP personnel to ask clarifying questions about the structure of the regulatory text 

before preparing written comments on the April 12, 2013, proposed amendments. 

II. DATE

The meeting took place on May 13, 2013, via teleconference at 2:00 pm.

III. ATTENDEES

The following individuals participated in the teleconference:

BP Personnel

Jeff Adams

Matt Colbreth

Ruben Herrera

U.S. Environmental Protection Agency (EPA)

Bruce Moore, Office of Air Quality Planning and Standards (OAQPS)

Marcia Mia, Office of Enforcement and Compliance Assurance (OECA)

Rachel Agnew, OAQPS

EC/R Incorporated

Heather Brown

David Hendricks

IV. SUMMARY OF DISCUSSION
2

Three issues were discussed: (1) concerns that flare use is excluded under proposed amendments; 

(2) concerns about the training required for conducting Method 22 monitoring; and (3) concerns 

with the recordkeeping and reporting requirements.

Possible Exclusion of Flare Use under Proposed Amendments

The following items were discussed regarding the use of flares under the proposed amendments:

• BP expressed concerns that the rule does not specifically allow the use of flares;

• EPA explained that section 111 of the Clean Air Act (CAA) does not allow EPA to 

specify what type of control technology can be used under NSPS.

• EPA suggested that BP highlight the language in the proposed amendments that was of 

concern when they submit their comments.

Issues with Method 22 Monitoring

BP expressed concerns with the requirement to conduct EPA Method 22 monitoring. They were 

concerned about the level of training that would be required for personnel to be able to conduct 

this type of monitoring. EPA pointed to §60.5412(d)(1)(iii), which specifies that only section 11 

of Method 22 applies. BP thanked EPA for clarifying that only section 11 of Method 22 was 

applicable.

Recordkeeping and Reporting Requirements

The following recordkeeping and reporting issues were discussed:

• BP expressed some concerns about the recordkeeping and reporting requirements being 

spread throughout the NSPS and not just in §60.5420. Additionally, they had concerns 

that some of the requirements that were included outside of §60.5420 were repeated in 

§60.5420, but were not consistent.

• EPA clarified that some requirements had to be kept outside of §60.5420.
#### VINTON, Respondent, v. CAMPBELL, Appellant.

(Supreme Court, Appellate Division, Third Department.

January 4, 1905.)

Action by Charles E. Vinton against James N. Campbell. No opinion. Judgment and order unanimously affirmed, with costs.
#### § 585.238 May I develop my commercial lease in phases?

In your COP, you may request development of your commercial lease in phases. In support of your request, you must provide details as to what portions of the lease will be initially developed for commercial operations and what portions of the lease will be reserved for subsequent phased development. You must also propose a lease period schedule for each phase described in your COP in accordance with § 585.235(c). BOEM may condition its approval of subsequent phases described in a phased development COP.
Exhibit No. 12.

Questar Pipeline Company and Subsidiaries
Ratio of Earnings to Fixed Charges
(Unaudited)
<TABLE>
<CAPTION>
                                             12 months ended December 31,
                                                    2000        1999       1998
                                                (Dollars in Thousands)
<S>                                             <C>         <C>
Earnings

Income (loss) before income taxes                   $43,514    ($13,651) $42,831
Plus debt expense                                    17,584      17,466   14,456
Plus allowance for borrowed
   funds used during construction                     3,315       2,677      625
Plus interest portion of rental expense                 367         173      342
                                                    $64,780      $6,665  $58,254

Fixed Charges

Debt expense                                        $17,548     $17,466  $14,456
Plus allowance for borrowed
   funds used during construction                     3,315       2,677      625
Plus interest portion of rental expense                 367         173      342
                                                    $21,411     $17,843  $15,423

Ratio of Earnings to Fixed Charges                     3.05         .33     3.78

</TABLE>
Editorial Note on Part 773
Editorial Note: At 82 FR 54938, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 773 made effective on Jan. 19, 2017, at 81 FR 93323-93325, Dec. 20, 2016.

§ 773.23 Suspension or rescission requirements for improvidently issued permits. ( a ) Except as provided in paragraph (b) of this section, we, the regulatory authority, must suspend or rescind your permit upon expiration of the time specified in § 773.22(b) or (c) of this part unless you submit evidence and we find that— ( 1 ) The violation has been abated or corrected to the satisfaction of the agency with jurisdiction over the violation;
( 2 ) You or your operator no longer own or control the relevant operation;
( 3 ) Our finding for suspension or rescission was in error;
( 4 ) The violation is the subject of a good faith administrative or judicial appeal (unless there is an initial judicial decision affirming the violation, and that decision remains in force);
( 5 ) The violation is the subject of an abatement plan or payment schedule that is being met to the satisfaction of the agency with jurisdiction over the violation; or
( 6 ) You are pursuing a good faith challenge or administrative or judicial appeal of the relevant ownership or control listing or finding (unless there is an initial judicial decision affirming the listing or finding, and that decision remains in force).
( b ) If you have requested administrative review of a notice of proposed suspension or rescission under § 773.22(e) of this part, we will not suspend or rescind your permit unless and until the Office of Hearings and Appeals or its State counterpart affirms our finding that your permit was improvidently issued.
( c ) When we suspend or rescind your permit under this section, we must— ( 1 ) Issue you a written notice requiring you to cease all surface coal mining operations under the permit; and
( 2 ) Post the notice at our office closest to the permit area.
( d ) If we suspend or rescind your permit under this section, you may request administrative review of the notice under the procedures at 43 CFR 4.1370 through 4.1377 (when OSM is the regulatory authority) or under the State regulatory program equivalent (when a State is the regulatory authority). Alternatively, you may seek judicial review of the notice.
[65 FR 79665, Dec. 19, 2000, as amended at 72 FR 68029, Dec. 3, 2007]
###### Editorial Note on Part 700

#### Editorial Note:

At 82 FR 54924, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 700 made effective on Jan. 19, 2017, at 81 FR 93319, Dec. 20, 2016.

#### § 700.10 Information collection.

The collection of information, and recordkeeping requirements, contained in 30 CFR 700.11(d), 700.12(b) and 700.13 has approved by the Office of Management and Budget under 44 U.S.C. 3501 *et seq.* and assigned clearance number 1029-0094. The information collected in § 700.11(d) is used by OSMRE and States to establish standards for determining when a mine site is no longer a surface coal mining and reclamation operation and thereby when regulatory jurisdiction may end. The information collection under § 700.12(b) is used by OSMRE to consider need, costs, and benefits of a proposed regulatory change in order to grant or deny a petition that has been submitted. Information collected in § 700.13 identifies the person and nature of a citizen's suit, so that OSMRE or a state can respond appropriately.

[53 FR 44363, Nov. 2, 1988]
gpo90086
### §50504. Use of Government facilities

(a) Authority.—

(1) In general.—Federal agencies, including the Administration and the Department of Defense, may allow non-Federal entities to use their space-related facilities on a reimbursable basis if the Administrator, the Secretary of Defense, or the appropriate agency head determines that—

(A) the facilities will be used to support commercial space activities;

(B) such use can be supported by existing or planned Federal resources;

(C) such use is compatible with Federal activities;

(D) equivalent commercial services are not available on reasonable terms; and

(E) such use is consistent with public safety, national security, and international treaty obligations.

(2) Consultation.—In carrying out paragraph (1)(E), each agency head shall consult with appropriate Federal officials.

(b) Reimbursement Payment.—

(1) Amount.—The reimbursement referred to in subsection (a) may be an amount equal to the direct costs (including salaries of United States civilian and contractor personnel) incurred by the United States as a result of the use of such facilities by the private sector. For the purposes of this paragraph, the term "direct costs" means the actual costs that can be unambiguously associated with such use, and would not be borne by the United States Government in the absence of such use.

(2) Credit to appropriation.—The amount of any payment received by the United States for use of facilities under this subsection shall be credited to the appropriation from which the cost of providing such facilities was paid.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3406.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 50504 | 15 U.S.C. 5807. | Pub. L. 102–588, title V, §508, Nov. 4, 1992, 106 Stat. 5128. |

Section
# In the Missouri Court of Appeals

Eastern District

JULY 21, 2015

THE FOLLOWING CASES WERE AFFIRMED IN ACCORDANCE WITH RULE

84.16(b) OR RULE 30.25(b).

1. ED101229 CHARTER COMM APP V SATMAP, ET AL., RES

2. ED101781 IN THE INTEREST OF: E.L.B

3. ED101960 ANTONIO GREEN, APP V STATE OF MISSOURI, RES

4. ED102071 MILDRED E. AKINS, RES V MARIAN PRIESS, APP

5. ED102181 MARSHALL EGSON, RES V STATE OF MISSOURI, APP
EXHIBIT 4.8


                       CORPORATE ACCESS NUMBER: 206277436

                                    ALBERTA

                           BUSINESS CORPORATIONS ACT





                                  CERTIFICATE

                                       OF

                           AMENDMENT AND REGISTRATION

                              OF RESTATED ARTICLES

                            TRIBAND ENTERPRISE CORP.
                       AMENDED ITS ARTICLES ON 2001/08/22




                                                                          (SEAL)
### §3996. Perfection or defense of rights

#### (a) Right to take action not affected

This subchapter shall not affect the right of a servicemember to take action during a period of military service that is authorized by law or regulations of the Department of the Interior, for the perfection, defense, or further assertion of rights initiated or acquired before entering military service.

#### (b) Affidavits and proofs

#### (1) In general

A servicemember during a period of military service may make any affidavit or submit any proof required by law, practice, or regulation of the Department of the Interior in connection with the entry, perfection, defense, or further assertion of rights initiated or acquired before entering military service before an officer authorized to provide notary services under section 1044a of title 10 or any superior commissioned officer.

#### (2) Legal status of affidavits

Such affidavits shall be binding in law and subject to the same penalties as prescribed by section 1001 of title 18.

(Oct. 17, 1940, ch. 888, title V, §506, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2857.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 566 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 506 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1188; Pub. L. 102–12, §9(21), Mar. 18, 1991, 105 Stat. 41, related to mineral permits and leases and the suspension of operations and term of permits and leases, prior to the general amendment of this Act by Pub. L. 108–189. See section 3995 of this title.

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

#### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
I 

118TH CONGRESS 

2D SESSION H. R. 9804 

To amend title 38, United States Code, to authorized the Secretary of Veterans Affairs to furnish headstones and markers for certain veterans 

for whom urns were previously furnished when such veterans are interred 

with other eligible individual, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2024 

Ms. BROWNLEY (for herself, Mrs. RADEWAGEN, and Mrs. CHERFILUS-MCCORMICK) introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to authorized the 

Secretary of Veterans Affairs to furnish headstones and 

markers for certain veterans for whom urns were previously furnished when such veterans are interred with 

other eligible individual, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Loved Ones Interment 

5 Act’’. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 9804 IH

1 SEC. 2. DEPARTMENT OF VETERANS AFFAIRS HEADSTONES 

2 AND MARKERS FOR CERTAIN CREMATED 

3 VETERANS INTERRED WITH OTHER ELIGIBLE 

4 INDIVIDUALS. 

5 Section 2306(h)(2) of title 38, United States Code, 

6 is amended— 

7 (1) by redesignating subparagraphs (A) and 

8 (B) as clauses (i) and (ii), respectively; 

9 (2) by striking ‘‘If the Secretary’’ and inserting 

10 ‘‘(A) Except as provided in subparagraph (B), if the 

11 Secretary’’; and 

12 (3) by adding at the end the following new sub13 paragraph (B): 

14 ‘‘(B) In the case of a deceased individual referred to 

15 in subsection (a) who is cremated and for whom an urn 

16 or commemorative plaque is furnished under paragraph 

17 (1), the Secretary may also furnish a headstone or marker 

18 for the individual if— 

19 ‘‘(i) the individual is interred at the same burial 

20 site as another individual referred to in section 

21 2402(a) of this title; 

22 ‘‘(ii) the headstone or marker furnished in23 cludes information about both such individuals; and 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 9804 IH

1 ‘‘(iii) the inclusion of such information does not 

2 increase the cost of the headstone or marker beyond 

3 the maximum amount permitted under law.’’. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.1103-3 Automatic fire sensor and warning device systems; minimum requirements; general.

Automatic fire sensor and warning device systems installed in belt haulageways of underground coal mines shall be assembled from components which meet the minimum requirements set forth in §§ 75.1103-4 through 75.1103-7 unless otherwise approved by the Secretary.

[37 FR 16545, Aug. 16, 1972]
#### § 402.14 [Reserved]
#### Henry Waltemade, Inc., Respondent, v. Parkchester Foundation, Inc., Defendant-Appellant, and Third-Party Plaintiff-Appellant. Bronx Savings Bank, Third-Party Defendant-Respondent. (Action No. 1.) Bronx Savings *622Bank, Respondent, *v.*Parkchester Foundation, Inc. (Action No. 2.)

Order, entered on March 13, 1962, unanimously affirmed, with $20 costs and disbursements to the respondents. No opinion. Concur — Breitel, J. P., Rabin, Valente, McNally and Eager, JJ.
### §3973. Application for insurance protection

#### (a) Application procedure

An application for protection under this subchapter shall—

(1) be in writing and signed by the insured, the insured's legal representative, or the insured's beneficiary, as the case may be;

(2) identify the policy and the insurer; and

(3) include an acknowledgement that the insured's rights under the policy are subject to and modified by the provisions of this subchapter.

#### (b) Additional requirements

The Secretary of Veterans Affairs may require additional information from the applicant, the insured and the insurer to determine if the policy is entitled to protection under this subchapter.

#### (c) Notice to the Secretary by the insurer

Upon receipt of the application of the insured, the insurer shall furnish a report concerning the policy to the Secretary of Veterans Affairs as required by regulations prescribed by the Secretary.

#### (d) Policy modification

Upon application for protection under this subchapter, the insured and the insurer shall have constructively agreed to any policy modification necessary to give this title full force and effect.

(Oct. 17, 1940, ch. 888, title IV, §403, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2852.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 543 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 403 of act Oct. 17, 1940, ch. 888, art. IV, 54 Stat. 1184; Oct. 6, 1942, ch. 581, §13, 56 Stat. 775; Pub. L. 102–12, §9(14), Mar. 18, 1991, 105 Stat. 40, related to determination of policies entitled to protection, notice to parties, and lapse of policies for nonpayment of premiums, prior to the general amendment of this Act by Pub. L. 108–189. See section 3974 of this title.

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

#### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
###### Editorial Note on Part 75

#### Editorial Note:

The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

#### § 75.1600 Communications.

[Statutory Provisions]

Telephone service or equivalent two-way communication facilities, approved by the Secretary or his authorized representative, shall be provided between the surface and each landing of main shafts and slopes and between the surface and each working section of any coal mine that is more than 100 feet from a portal.