alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BLOOMINGDALE v. COLUMBIA INS. CO.

(Supreme Court, Appellate Term.

November 6, 1903.)

1. Insurance—Loss—Liability of Third Person—Subrogation of Insurer— Effect of Release.

Insured’s violation of a condition of his policy that he shall not release a carrier from its liability for a loss, and thereby prevent the insurer’s subrogation to the insured’s rights against the carrier, avoids the policy, though the loss was claimed to have been occasioned by an incendiary fire, for which the carrier was not liable; the insurer having a right to litigate the question of liability with the carrier.

Appeal from Municipal Court, Borough of Manhattan, Eleventh District.

Action by William C. Bloomingdale against the Columbia Insurance Company. Judgment for plaintiff, and defendant appeals. Reversed.

Argued before FREEDMAN, P. J., and BISCHOFF and BLANCHARD, JJ.

Albert A. Wray, for appellant.

Wm. B. Ellison and Arnold L. Davis, for respondent.

BISCHOFF, J.

The condition of the policy in suit that the insured “shall not enter into any special agreement with the carrier re*573leasing them from their common-law or statutory liability,” and that the insurer might demand subrogation to the rights of the insured against the carrier, was obviously broken by the actual and undisputed release of the carrier as entered into by the insured and continued during the life of the policy. This being an absolute condition and unambiguous, the breach avoided the policy, irrespective of any reasons which may have led the parties to make it (Foot v. Ins. Co., 61 N. Y. 575), and the plaintiff could certainly not be excused by the attempt to show that the fire in transit was of an incendiary origin for which the carrier was not liable, even if not released. The question of the carrier’s liability was something which the defendant, when subrogated, was entitled to litigate with-the carrier, and the question was concluded against the defendant by the release given in violation of the condition agreed to by the insured.

Judgment reversed, with costs, and, since the facts cannot be changed upon a new trial, judgment is ordered for the defendant, with costs. All concur.
#### § 56.7804 Refueling.

When rotary jet piercing equipment requires refueling at locations other than fueling stations, a system for fueling without spillage shall be provided.
### §70104. Definition of Space Launch System

In this chapter, the term "Space Launch System" means the Space Launch System authorized under section 302 of the National Aeronautics and Space Administration Authorization Act of 2010 (42 U.S.C. 18322).

(Added Pub. L. 114–90, title I, §117(a)(5), Nov. 25, 2015, 129 Stat. 718.)
#### § 56.14218 Movement of equipment on adjacent tracks.

When a locomotive on one track is used to move rail equipment on adjacent tracks, a chain, cable, or drawbar shall be used which is capable of meeting the loads to which it could be subjected.
#### § 921.783 Underground mining permit applications—minimum requirements for information on environmental resources.

Part 783 of this chapter, *Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources,* shall apply to any person who submits an application to conduct underground coal mining and reclamation operations.
FORM 10-Q/A

                       SECURITIES AND EXCHANGE COMMISSION

                             Washington, D.C. 20549


             QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended June 29, 2000      Commission file number 1-3879

                                     DynCorp

             (Exact name of registrant as specified in its charter)

                  Delaware                                36-2408747
(State of incorporation or organization)    (I.R.S. Employer Identification No.)

  11710 Plaza America Drive, Reston, Virginia                20190
   (Address of principal executive offices)                (Zip Code)

                                 (703) 261-5000
              (Registrant's telephone number, including area code)


              (Former name, former address and former fiscal year,
                         if changed since last report)

Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the  preceding 12 months (or for such  shorter  period that the  registrant  was
required  to file  such  reports),  and  (2) has  been  subject  to such  filing
requirements for the past 90 days. |X| Yes |_| No

Indicate the number of shares  outstanding  of each of the  issuer's  classes of
common stock, as of the latest practicable date.

          Class                               Outstanding as of August 9, 2000
          -----                               --------------------------------
 Common Stock, $0.10 par value                           10,405,280
















                                   SIGNATURES


Pursuant  to the  requirements  of the  Securities  Exchange  Act of  1934,  the
Registrant  has duly  caused  this  report  to be  signed  on its  behalf by the
undersigned thereunto duly authorized.

       DYNCORP




Date:  August 11, 2000                           /S/ P.C. FitzPatrick
                                                 --------------------
                                                 P.C. FitzPatrick
                                                 Senior Vice President
                                                 and Chief Financial Officer



Date:  August 11, 2000                           /S/ J.J. Fitzgerald
                                                 --------------------
                                                 J.J. Fitzgerald
                                                 Vice President
                                                 and Corporate Controller
#### The People of the State of New York, Respondent, v Donald E. White, Appellant.

[833 NYS2d 726]—

Spain, J.

Appeal from an order of the County Court of Montgomery County (Catena, J.), entered May 8, 2006, which classified defendant as a risk level II sex offender pursuant to the Sex Offender Registration Act.

Following a jury trial, defendant was convicted in 1997 of rape in the second degree and sodomy in the second degree and was sentenced to state prison. Pursuant to the Sex Offender Registration Act *(see*Correction Law art 6-C), a hearing was conducted, after which County Court, upon defendant’s consent, classified defendant as a risk level II sex offender. Defendant now appeals, contending that County Court improperly assigned 10 points to his risk assessment score under the category of acceptance of responsibility, without which he would have been presumptively a risk level I.

To begin, after defendant testified at the hearing in a manner which varied from his trial testimony, he expressly consented on the record to a risk level II designation in return for the People’s promise to not pursue perjury charges against him. As such, defendant cannot now be heard to complain that he has been aggrieved by County Court’s order *(see*CPLR 5511) and this appeal must be dismissed *(see Matter of Dawn N., 4*AD3d 634, 635 [2004] ).

Even were we to consider defendant’s claim, however, we would find it to be unavailing. Our review of the hearing evidence reveals that the People established by clear and convincing evidence that defendant failed to take responsibility for his actions *(see People v Dubuque,*35 AD3d 1011, 1011 [2006]; *People v Dort,*18 AD3d 23, 25 [2005], *lv denied 4*NY3d 885 [2005] ; *People v Walker,*15 AD3d 692, 692 [2005]; *see also People v Dickison,*24 AD3d 980, 981 [2005], *lv denied*6 NY3d 709 [2006] ; *People v Mitchell,*300 AD2d 377, 377-378 [2002], *lv denied*99 NY2d 510 [2003]). When defendant testified during the hearing, he did not take full responsibility for what he had done. Thus, we defer to County Court’s ability to observe *980defendant’s demeanor and assess his credibility in finding that he had failed to take responsibility for his actions (see *People v Dubuque, supra*at 1011-1012). In view of the foregoing, we discern no basis upon which to disturb County Court’s order classifying defendant as a risk level II sex offender.

Mercure, J.P., Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.
### §101933. Term of commercial services contracts

A commercial services contract entered into pursuant to this title shall be awarded for a term not to exceed 10 years.

(Added Pub. L. 114–289, title VII, §701, Dec. 16, 2016, 130 Stat. 1493.)
EXHIBIT 10.4
                                                                    ------------

                 AMENDMENT NUMBER THREE TO EMPLOYMENT AGREEMENT

     This Amendment, between Louis P. Scheps ("Mr. Scheps") and CAS Medical
Systems, Inc. ("CAS") amends an Employment Agrement, dated as of September 1,
2000, between Mr. Scheps and CAS, as amended prior to the date hereof (the
"Agreement"). Except as otherwise specifically provided in this Amendment, the
Employment Agreement remains in full force and effect.

1.  Term.
    ----

    The first two sentences of Section 1 of the Agreement are deleted and the
    following is substituted in their place:

    "Mr. Scheps is employed by CAS as President and Chief Executive Officer, and
    shall serve as a director of CAS if so elected by CAS' stockholders, in each
    case through August 31, 2003."

2.  Compensation.
    ------------

    Section 2 of the Agreement is modified to reflect an annual salary of
    $215,000.

3.  Termination.
    -----------

    The following replaces in its entirety that portion of Section 3 of the
    Agreement added by the September 1998 Amendment Number One of the Agreement:

    "If a Change of Control (as hereinafter defined) occurs, and upon such
    Change of Control occurring this Agreement is not extended for a period of
    one year following the stated termination date of this Agreement, then Mr.
    Scheps shall be paid a lump sum of $250,000 on such stated termination
    date."

    "If a Change of Control occurs and Mr. Scheps' employment terminates for any
    reason after such Change of Control occurs, including termination by Mr.
    Scheps, Mr. Scheps will be paid a lump sum of $250,000 within ten (10) days
    of such termination."

    "Change of Control" means (i) a sale of all or substantially all of CAS'
    assets, (ii) a merger involving CAS in which CAS is not the survivor and the
    CAS stockholders prior to the merger control less than fifty percent of the
    voting stock of the surviving entity, (iii) a sale by the CAS stockholders
    to an acquiror or acquirors acting in concert of more than a majority of the
    then outstanding stock of CAS owned by the CAS stockholders, or (iv) any
    event similar to any of the foregoing."

IN WITNESS of the foregoing, the parties have executed this Amendment as of
September 1, 2002.

CAS MEDICAL SYSTEMS, INC.


/s/ Louis P. Scheps
---------------------------
Louis P. Scheps
#### Burge Machine Works, appellee, v. S. Rugendorf, appellant.

Gen. No. 29,836.

Action to recover balance due on contract for installing refrigerator in defendant’s meat shop. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Timothy D. Hurley, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924. Reversed and remanded.

Opinion filed March 9, 1925.

Rehearing denied March 23, 1925.

Shulman, Shulman & Abrams, for appellant.

Alden, Latham & Young, for appellee; Charles Martin, of counsel.

Mr. Presiding Justice McSurely

delivered the opinion of the court.
# Federal Aviation Administration
FAA UAS Civil COA Request
A Q\ information that is provided is bound by the Freedom of Information Act (FOIA) and may be releasable. This requires compliance to FOIA and consent to the release of your information. If you do not consent to the release of your information  you must contact us for further guidance. For more information, please visit http://www.foia.gov/. Date 333 Exemption # RU )HGHUDO5HJLVWHU'RFNHW 

## Proponent Information Contact Name Company Name Street Address 1 Street Address 2 City State Zip Code Phone Number E-mail Address 

## Aircraft System Aircraft Type Aircraft Registration Performance Characteristics Climb Rate (Feet/Minute) Descent Rate (Feet/Minute)Turn Rate (Degrees/Second) Approach Speed
Cruise Speed Max Min Gross Takeoff Weight Launch/Recovery 

## Operational Information Location

Altitude Distance from nearest Town/City Description of Operation

Operations Area (Attach VFR Chart with Coordinates) Class of Airspace A B (Requires FAA HQ approval) Under Mode C Veil C D E G G (With an operational ATC Tower) Flight Conditions VFR IFR 

## Air Traffic Communication

VHF Transmitter Yes No Receiver Yes No Guard (Emergency Frequency) Yes NoUHF Transmitter Yes No Receiver Yes No Guard (Emergency Frequency) Yes No


## Procedures Lost Link Procedures 1. How long to activate LL procedure 2. LL Altitude

3. Lost Link Route 4. Lost Link Point

5. Flight Termination Point

Lost Communication Procedures  Between Pilot and Air Traffic Control

 Between Pilot and Observer

## Observer Line of Sight of Observer Yes Other Observer Location Time of Day Day Night Both Transponder Yes No N/A Mode C

Please return completed form to 9-AJV-115-UASOrganization@faa.gov
.
EXHIBIT 21     


                           LIST OF SUBSIDIARIES


     The Partnership is a general partner in JMB/San Jose Associates, an
Illinois general partnership which holds title to Park Center Financial
Plaza.  The Partnership is a general partner in Topanga Plaza Partnership,
a California general partnership which holds title to Topanga Plaza.  The
Partnership is a general partner in JMB-40 Broad Street Associates, an
Illinois general partnership which holds title to the 40 Broad Street
Building.  The Partnership is a general partner in JMB First Financial
Associates, an Illinois general partnership.  JMB First Financial
Associates is a general partner in JMB Encino Partnership, a California
general partnership, which holds title to the First Financial Plaza. 
Reference is made to Note 3 for a summary description of the terms of such
partnership agreements.  The Partnership's interest in the foregoing joint
venture partnerships, and the results of their operations are included in
the consolidated financial statements of the Partnership filed with this
annual report.
# FORM
6-K

SECURITIES AND
EXCHANGE COMMISSION

Washington, D.C. 20549

# Report of
Foreign Issuer

# Pursuant to
Rule 13a-16 or 15d-16 of

# Securities
Exchange Act of 1934

For the month
of November 2004

ABBEY NATIONAL
PLC (Translation of registrant's name into English)

Abbey National
House, 2 Triton Square, Regent's PlaceLondon NW1 3AN, England
   (Address of principal executive offices)

|Indicate
      by check mark whether the registrant files or will file annual reports
      under cover Form 20-F or Form 40-F.
|-------------------------------------------------------------------------------------------------------------------------------

Form 20-F . . . .X. . . . Form 40-F . . . . . . . . Indicate
      by check mark whether the registrant by furnishing the information
      contained in this Form is also thereby furnishing the information to the
      Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of
      1934.  Yes . . . . . . . No . . .X. .
.. .


---



|**ABBEY NATIONAL PLC
    ISIN XS0095334941**
|--------------------------------------------

**Confirmation of Redemption to Holders of
  $150,000,000 7.10% Perpetual Callable Subordinated Notes**



Abbey National plc hereby confirms that it has given notice in accordance with the terms of its $150 million 7.10% Perpetual Callable Subordinated Notes issued in March 1999 that on 13 December, 2004 it will redeem all of its outstanding 7.10% Perpetual Callable Subordinated Notes at a redemption price equal to 100% of the principal amount thereof, together with accrued interest payable, if any.









Dated: 9 November, 2004





---

# SIGNATURES

Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned, thereunto
duly authorized.

|                                   |  | **ABBEY NATIONAL
      PLC**          
|---------------------------------- |  | --------------------------------------
|**Date:
      09th November 2004** |  | **By: /s/ Karen Carson**              
|                                   |  | **(Authorised Signatory)**************
#### (A) The People of the State of New York ex rel. Bernard Graves v. Henry J. Noble, as Warden of the New York City Penitentiary, Rikers Island. (B) The People of the State of New York v. Walter Jones. (C) The People of the State of New York v. Robert Weaver. (D) The People of the State of New York v. Vito W. Rizzi (Alias William Rizzi). (E) The People of the State of New York v. Oliver Robinson. (F) The People of the State of New York v. Adrian C. Geoffrion. (G) The People of the State of New York v. Robert Louis Evans. (H) The People of the State of New York v. Peter Spinello.

[In each action] Motion for leave to appeal as a poor person granted to the extent and on the terms and conditions contained in the order of this court. Concur — Breitel, J. P„ Rabin, Valente, McNally and Bastow, JJ. [Same decision.] Concur — Botein, P. J., Breitel, Stevens, Eager and Noonan, JJ. [Same decision.] Concur-—Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.
### §305303. Preservation Technology and Training Board

(a) Establishment.—There is established a Preservation Technology and Training Board.

(b) Duties.—The Board shall—

(1) provide leadership, policy advice, and professional oversight to the Center;

(2) advise the Secretary on priorities and the allocation of grants among the activities of the Center; and

(3) submit an annual report to the President and Congress.

(c) Membership.—The Board shall be comprised of—

(1) the Secretary;

(2) 6 members appointed by the Secretary, who shall represent appropriate Federal, State, and local agencies, State and local historic preservation commissions, and other public and international organizations; and

(3) 6 members appointed by the Secretary on the basis of outstanding professional qualifications, who represent major organizations in the fields of archeology, architecture, conservation, curation, engineering, history, historic preservation, landscape architecture, planning, or preservation education.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3221.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 305303 | 16 U.S.C. 470x–3. | Pub. L. 89–665, title IV, §404, as added Pub. L. 102–575, title XL, §4022, Oct. 30, 1992, 106 Stat. 4766; Pub. L. 106–208, §5(a)(14), May 26, 2000, 114 Stat. 319. |

Section

In subsection (c)(1), the words "or the Secretary's designee" are omitted as unnecessary because of section 2 of Reorganization Plan No. 3 of 1950 (5 U.S.C. App., 43 U.S.C. 1451 note).
EXHIBIT 32
 CAPSTEAD MORTGAGE CORPORATION
CERTIFICATIONS PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Annual Report on Form 10-K of the Company for the annual period ended December 31, 2008
(the Report) fully complies with the requirements of Section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m); and
 2.
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
 Date: March 4, 2009
    By:
    /s/ ANDREW F. JACOBSAndrew F. JacobsPresident and Chief Executive Officer Date: March 4, 2009
    By:
    /s/ PHILLIP A. REINSCHPhillip A. ReinschExecutive Vice President and
Chief Financial Officer
§ 724.14 Amount of individual civil penalty. ( a ) In determining the amount of an individual civil penalty assessed under § 724.12, the Office shall consider the criteria specified in § 518(a) of the Act, including: ( 1 ) The individual's history of authorizing, ordering or carrying out previous violations, failures or refusals at the particular surface coal mining operation;
( 2 ) The seriousness of the violation, failure or refusal (as indicated by the extent of damage and/or the cost of reclamation), including any irreparable harm to the environment and any hazard to the health or safety of the public; and
( 3 ) The demonstrated good faith of the individual charged in attempting to achieve rapid compliance after notice of the violation, failure or refusal.
( b ) The penalty will not exceed $20,457 for each violation. Each day of a continuing violation may be deemed a separate violation and the Office may assess a separate individual civil penalty for each day the violation, failure or refusal continues, from the date of service of the underlying notice of violation, cessation order or other order incorporated in a final decision issued by the Secretary, until abatement or compliance is achieved.
[53 FR 3674, Feb. 8, 1988, as amended at 62 FR 63276, Nov. 28, 1997; 70 FR 70701, Nov. 22, 2005; 74 FR 34493, July 15, 2009; 79 FR 18447, Apr. 2, 2014; 81 FR 44541, July 8, 2016; 82 FR 9354, Feb. 6, 2017; 83 FR 10616, Mar. 12, 2018; 84 FR 10676, Mar. 22, 2019; 85 FR 20835, Apr. 15, 2020; 86 FR 29514, June 2, 2021; 87 FR 15886, Mar. 21, 2022; 88 FR 24336, Apr. 20, 2023; 89 FR 23911, Apr. 5, 2024]
(January 5, 1961)

#### Irma C. Avakian, Respondent, v. Richmur Realty Corporation, Appellant, et al., Defendants.

Motion by appellant for a stay, pending appeal, of an order directing its examination before trial, denied; the examination to proceed on five days’ notice or any other date mutually fixed. Nolan, P. J., Beldock, Ughetta, Christ and Brennan, JJ., concur.