alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### DILLON, Respondent, v. NATIONAL COAL TAR CO., Appellant.

(Supreme Court, Appellate Division, Second Department.

November 13, 1903.)

Action by Thomas F. Dillon against the National Coal Tar Company.

PER CURIAM.

Judgment and order affirmed, with costs.

WOODWARD, J., dissents.
### §87d. Responsibility for acts of others

When construing and enforcing the provisions of this chapter, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, or corporation within the scope of the employment or office of the official, agent, or other person shall, in every case, also be deemed the act, omission, or failure of such association, partnership, or corporation as well as that of the person.

(Aug. 11, 1916, ch. 313, pt. B, §15, as added Pub. L. 90–487, §1, Aug. 15, 1968, 82 Stat. 768; amended Pub. L. 103–156, §12(n), Nov. 24, 1993, 107 Stat. 1529.)

#### **Editorial Notes**

#### Amendments

1993—Pub. L. 103–156, which directed amendment of "Section 15" by substituting "the employment or office of the official, agent, or other person" for "his employment or office", without specifying the name of the Act being amended, was executed to this section, which is section 15 of the United States Grain Standards Act, to reflect the probable intent of Congress.

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

#### Effective Date

For effective date of section, see section 2 of Pub. L. 90–487, set out as an Effective Date of 1968 Amendment note under section 78 of this title.
14.402-1 Unclassified bids. ( a ) The bid opening officer shall decide when the time set for opening bids has arrived and shall inform those present of that decision. The officer shall then ( 1 ) personally and publicly open all bids received before that time,
( 2 ) if practical, read the bids aloud to the persons present, and
( 3 ) have the bids recorded. The original of each bid shall be carefully safeguarded, particularly until the abstract of bids required by 14.403 has been made and its accuracy verified.
( b ) Performance of the procedure in paragraph (a) above may be delegated to an assistant, but the bid opening officer remains fully responsible for the actions of the assistant.
( c ) Examination of bids by interested persons shall be permitted if it does not interfere unduly with the conduct of Government business. Original bids shall not be allowed to pass out of the hands of a Government official unless a duplicate bid is not available for public inspection. The original bid may be examined by the public only under the immediate supervision of a Government official and under conditions that preclude possibility of a substitution, addition, deletion, or alteration in the bid.
<PAGE>
 
                                                                      EXHIBIT 11

                       COMPUTATION OF EARNINGS PER SHARE







                                      91
<PAGE>
 
                                                                      EXHIBIT 11


                       COMPUTATION OF EARNINGS PER SHARE

________________________________________________________________________________
________________________________________________________________________________

<TABLE>
<CAPTION>
                                                YEARS ENDED DECEMBER 31,
                                          -------------------------------------
                                             1996         1995         1994
                                          -----------  -----------  -----------
<S>                                       <C>          <C>          <C>
EARNINGS PER SHARE OF COMMON STOCK
Net income applicable to common stock            $883         $814         $654
 (in millions)(a).......................  ===========  ===========  ===========
Average number of common shares            80,251,342   82,085,315   82,071,651
 outstanding(b).........................  ===========  ===========  ===========
Net income per share....................       $11.00        $9.92        $7.97
                                          ===========  ===========  ===========
----------
</TABLE>

(a) After deduction of preferred stock dividends of $11 million for the years
    ended December 31, 1996, 1995 and 1994.

(b) Fully diluted earnings per share are not reported because the effect of
    potentially dilutive securities was not significant.


                                      92
#### Tri-State Pipe Lines Corporation, Respondent, v. Power Plus Corporation et al., Appellants.

Order, entered on April 10, 1964, denying defendants’ motion to dismiss the complaint, unanimously affirmed, with $30 costs ■ and disbursements to respondent. For the purposes of pleading the complaint is sufficient. Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.
#### Cora Kohlmann et al., Respondents, v. City of New York, Defendant. Gerard I. Nierenberg et al., Appellants.

Order, dated May 31, 1960, denying attorneys’ motion for a fee in an amount greater than that specified in the schedule, unanimously affirmed, with $20 costs and disbursements to the respondents. No opinion. Concur — Botein, P. J., Breitel, McNally and Stevens, JJ.
1239.7101 Definitions. As used in this subpart— *Breach* means the disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized access, compromise, use, disclosure, modification, destruction, access or loss use of data, or the copying of information to unauthorized media may have occurred.
*Data protection* means the practice of protecting data and managing risks associated with the collection, display, use, processing, storage, transmission, and disposal of information or data as well as the systems and processes used for those purposes. Data protection uses physical, technical, and administrative controls to protect the integrity, availability, authenticity, non-repudiation, and confidentiality of data by incorporating protection, detection, and reaction capabilities. Data protection encompasses not only digital data, but also data in analog or physical form, and applies to data in transit as well as data at rest.
*Information security* means the protection of information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— ( 1 ) *Integrity,* which means guarding against improper information modification or destruction, and includes ensuring information non-repudiation and authenticity;
( 2 ) *Confidentiality,* which means preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and
( 3 ) *Availability,* which means ensuring timely and reliable access to and use of information.
*Personally Identifiable Information* (PII) means the definition as set forth in FAR 24.101.
*Privacy incident* means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or unauthorized access to PII regardless of format.
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 1 of 9 PageID #:37
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 2 of 9 PageID #:38
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 3 of 9 PageID #:39
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 4 of 9 PageID #:40
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 5 of 9 PageID #:41
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 6 of 9 PageID #:42
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 7 of 9 PageID #:43
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 8 of 9 PageID #:44
Case: 1:12-cv-00861 Document #: 8 Filed: 03/20/12 Page 9 of 9 PageID #:45
§ 776.3 Policy. ( a ) Covered attorneys shall maintain the highest standards of professional ethical conduct. Loyalty and fidelity to the United States, the law, clients, both institutional and individual, and the rules and principles of professional ethical conduct set forth in subpart B of this part must come before private gain or personal interest.
( b ) Subpart B of this part and related procedures set forth herein concern matters solely under the purview of the JAG. Whether conduct or failure to act constitutes a violation of the professional duties imposed by this part is a matter within the sole discretion of the JAG or officials authorized to act for the JAG. Subpart B of this part are not substitutes for, and do not take the place of, other rules and standards governing DoN personnel, such as the Department of Defense Joint Ethics Regulation, the Code of Conduct for members of the Armed Forces, the Uniform Code of Military Justice (UCMJ), and the general precepts of ethical conduct to which all DoN service members and employees are expected to adhere. Similarly, action taken per this part is not supplanted or barred by, and does not, even if the underlying misconduct is the same, supplant or bar the following action from being taken by authorized officials: ( 1 ) Punitive or disciplinary action under the UCMJ; or
( 2 ) Administrative action under the Manual for Courts-Martial (MCM), U.S. Navy Regulations, or under other applicable authority.
( c ) Inquiries into allegations of professional misconduct will normally be held in abeyance until any related criminal investigation or proceeding is complete. However, a pending criminal investigation or proceeding does not bar the initiation or completion of a professional misconduct investigation stemming from the same or related conduct or prevent the JAG from imposing professional disciplinary sanctions as provided for in this part.
1.304 Agency control and compliance procedures. ( a ) Under the authorities of 1.301(d), agencies shall control and limit issuance of agency acquisition regulations and, in particular, local agency directives that restrain the flexibilities found in the FAR, and shall establish formal procedures for the review of these documents to assure compliance with this part 1.
( b ) Agency acquisition regulations shall not— ( 1 ) Unnecessarily repeat, paraphrase, or otherwise restate material contained in the FAR or higher-level agency acquisition regulations; or
( 2 ) Except as required by law or as provided in subpart 1.4, conflict or be inconsistent with FAR content.
( c ) Agencies shall evaluate all regulatory coverage in agency acquisition regulations to determine if it could apply to other agencies. Coverage that is not peculiar to one agency shall be recommended for inclusion in the FAR.
[48 FR 42103, Sept. 19, 1983, as amended at 61 FR 39190, July 26, 1996; 65 FR 16286, Mar. 27, 2000]
1252.101-70 Using this part. TAR provisions or clauses that supplement the FAR shall follow the following numbering conventions in accordance with FAR 52.101(b)(2)(i): ( a ) Agency-prescribed provisions and clauses permitted by TAR and used on a standard basis (*i.e.,* normally used in two or more solicitations or contracts regardless of contract type) shall be prescribed and contained in the TAR. Operating Administrations (OAs) desiring to use a provision or a clause on a standard basis shall submit a request containing a copy of the clause(s), justification for its use, and evidence of legal counsel review to the Office of the Senior Procurement Executive in accordance with 1201.304 for possible inclusion in the TAR (*see* FAR 52.101(b)(2)(i)(A)).
( b ) Provisions and clauses used on a one-time basis (*i.e.,* non-standard provisions and clauses) may be approved by the contracting officer, unless a higher level is designated by the OA (*see* FAR 52.101(b)(2)(i)(C)). This authority is permitted subject to— ( 1 ) Evidence of legal counsel review in the contract file;
( 2 ) Inserting these clauses in the appropriate sections of the uniform contract format; and
( 3 ) Ensuring the provisions and clauses do not deviate from the requirements of the FAR and TAR.
<TABLE> <S> <C>

<ARTICLE>   5
<LEGEND>


Exhibit 27 - FINANCIAL DATA SCHEDULE

THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM 
THE CONSOLIDATED BALANCE SHEET AS OF SEPTEMBER 30, 1997 AND THE 
CONSOLIDATED STATEMENT OF OPERATIONS FOR SIX MONTHS ENDED SEPTEMBER 
30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 
FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                                <C>
<PERIOD-TYPE>                     3-MOS
<FISCAL-YEAR-END>           DEC-31-1997
<PERIOD-END>                SEP-30-1997
<CASH>                          683,300
<SECURITIES>                          0
<RECEIVABLES>                 1,773,400
<ALLOWANCES>                          0
<INVENTORY>                   1,589,200
<CURRENT-ASSETS>              4,372,300
<PP&E>                       16,092,800
<DEPRECIATION>               11,489,900
<TOTAL-ASSETS>                9,111,900
<CURRENT-LIABILITIES>           855,700
<BONDS>                               0
<COMMON>                      8,293,400
<PREFERRED-MANDATORY>                 0
<PREFERRED>                   5,400,000
<OTHER-SE>                   (7,606,800)
<TOTAL-LIABILITY-AND-EQUITY>  9,111,900
<SALES>                       9,068,400
<TOTAL-REVENUES>              9,068,400
<CGS>                         7,422,200
<TOTAL-COSTS>                 7,422,200
<OTHER-EXPENSES>              2,118,500
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>               80,000
<INCOME-PRETAX>                (352,300)
<INCOME-TAX>                          0
<INCOME-CONTINUING>            (352,300)
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                   (352,300)
<EPS-PRIMARY>                    ( 0.04)
<EPS-DILUTED>                     (0.03)
                              




</TABLE>
EXHIBIT 15


TXU Gas Company:


We have made a review, in accordance with standards established by the
American Institute of Certified Public Accountants, of the unaudited interim
condensed consolidated financial information of TXU Gas Company (formerly
ENSERCH Corporation) and subsidiaries (TXU Gas) for the periods ended
June 30, 1999 and 1998, as indicated in our report dated August 12, 1999;
because we did not perform an audit, we expressed no opinion on that
information.

We are aware that our report referred to above, which is included in TXU Gas'
Quarterly Report on Form 10-Q for the quarter ended June 30, 1999, is
incorporated by reference in Registration Statements No. 333-43811 and
333-43811-01 on Post Effective Amendment No. 1 to Form S-3 of TXU Gas.

We also are aware that the aforementioned report, pursuant to Rule 436(c)
under the Securities Act of 1933, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that
Act.



DELOITTE & TOUCHE LLP

Dallas, Texas
August 12, 1999
1425.105 Determining reasonableness of cost. ( a ) In unusual circumstances, the Director, PAM may authorize the use of evaluation differentials other than those prescribed in FAR 25.105 for a particular acquisition.
( b ) Requests for use of other evaluation differentials shall be submitted by the HCA to the Director, PAM for further action.
First Department,

August, 1963

(August 21, 1963)

#### In the Matter of Robert B. Blaikie, Individually and On Behalf of Others Similarly Situated, Respondent, v. James M. Power et al., Constituting the Board of Elections of the City of New York, et al., Appellants.

Order, entered on August 13, 1963, unanimously reversed on the law, without costs, and the proceeding dismissed. The provisions for limiting voting for councilmen at large contained in section 22 of the New York City Charter, enacted as a local law of the city, are fully in accord with rather than in contravention to constitutional provisions. The city was expressly empowered by section 12 of article IX of the State Constitution “ to adopt and amend local laws not inconsistent with this constitution and laws of the state, and whether or not such local laws relate to its property, affairs or government, in respect to the following subjects; * ® mode of selection * * * of all its officers and employees except of members of the governing elective body of the county in which such city is wholly contained, the membership and constitution of its local legislative body”. This express vesting in the city of the broad home rule power to enact laws relating to the method and mode of election or selection of its public officers, particularly also as to the membership and constitution of its local legislative body, is controlling here. (See *Bareham*v. *City of Rochester,*246 N. Y. 140, 146.) On the other hand, the provisions of section 1 of article II of the State Constitution, guaranteeing the right of citizens to vote “for all officers that now are or hereafter may be elective by the people ” have been held as intended to “ prescribe the general qualifications that voters throughout the state were required to possess to authorize them to vote for public officers or upon public questions relating to general governmental affairs.” *(Spitzer*v. *Village of Fulton,*172 N. Y. 285, 289; *Johnson*v. *City of New York,*274 N. Y. 411, 419.) These provisions of section 1 of article II should not be applied to limit the aforesaid expressly conferred constitutional right of the city to provide for a system of voting looking toward proper minority representation in local affairs, We believe that *Johnson*v. *City of New York (supra)*so holds. And section 9 of article IX is compatible with the provision here for the particular system of voting since the election of the councilmen at large is “by the people”, albeit in a manner to insure the minority representation, Concur —- Botein, P. J., Breitel, Rabin, Stevens and Eager, JJ.
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

ARRIVALSTAR S.A. and MELVINO 

TECHNOLOGIES LIMITED, 

Plaintiffs, 

 vs. 

Case No.: 1:12-cv-0775

DATALINK SYSTEMS INC. and 

DATALINK SYSTEMS USA INC. 

DEMAND FOR JURY TRIAL 

Defendants. 

 

NOTICE OF VOLUNTARY DISMISSAL OF DATALINK SYSTEMS INC. 

AND DATALINK SYSTEMS USA INC. WITH PREJUDICE

Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiffs ArrivalStar S.A. and Melvino 

Technologies Limited (“Plaintiffs”), hereby notify this Court that Plaintiffs voluntarily dismiss, 

with prejudice, Defendants Datalink Systems Inc. and Datalink Systems USA Inc. 

Date: March 21, 2012 Respectfully submitted, 

 

/s/ Anthony Dowell 

 Anthony E. Dowell 

DOWELL BAKER, P.C. 

 201 Main St. Suite 710 

 Lafayette, IN 47901 

 (765) 429-4004 

 (765) 429-4114 (fax) 

 aedowell@dowellbaker.com 

 

Attorney for Plaintiffs 

Case: 1:12-cv-00775 Document #: 10 Filed: 03/21/12 Page 1 of 1 PageID #:183
#### 1653.000 FEHBP forms.

The following forms specified in FAR subparts 53.2 and 53.3 are applicable to FEHBP acquisitions:

| Part 53.2 | Part 53.3 | Form title |
| --- | --- | --- |
| 53.201-1 | 53.301-1402 | SF 1402-Certificate of Appointment. |
| 53.203 | 53.301-119 | SF 119—Statement of Contingent or Other Fees. |
| 53.204-2(a) | 53.301-279 | SF 279 FPDS—Individual Contract Action Report (over $10,000). |
| 53.204-2(b) | 53.301-281 | SF 281 FPDS—Summary of Contract Actions of $10,000 or less. |
| 53.229 | 53.301-1094 | SF 1094—U.S. Tax Exemption Certificate. |
| 53.229 | 53.301-1094A | SF 1094A—Tax Exemption Certificates Accountability Record. |

[52 FR 16048, May 1, 1987, as amended at 62 FR 47583. Sept. 10, 1997]
Prepared by MERRILL CORPORATION www.edgaradvantage.com




[SUTHERLAND ASBILL & BRENNAN LETTERHEAD]


April 14, 2000


Board
of Directors

Protective Life Insurance Company

2801 Highway 201 South

Birmingham, Alabama 35223


Directors:



   We
hereby consent to the reference to our name under the caption "Legal Matters" in the statement of additional information filed as part of post-effective amendment number 3 to the
registration statement on Form N-4 (File No. 333-68551) filed by Protective Life Insurance Company and Protective Variable Annuity Separate Account with the Securities and Exchange Commission.
In giving this consent, we do not admit that we are in the category of persons whose consent is required under Section 7 of the Securities Act of 1933.



	 	Sincerely,
	 

 	 

SUTHERLAND ASBILL & BRENNAN LLP
	 

 	 

By: /s/ DAVID S. GOLDSTEIN

	 	David S. Goldstein
```

[House Document 107-7]
[From the U.S. Government Publishing Office]

107th Congress, 1st Session - - - - - - - - - - - House Document 107-7

 
           FINAL SEQUESTRATION REPORT FOR FISCAL YEAR 2001

                               __________

                             COMMUNICATION

                                  from

                             THE DIRECTOR,

                    THE CONGRESSIONAL BUDGET OFFICE

                              transmitting

 CBO'S FINAL SEQUESTRATION REPORT FOR FISCAL YEAR 2000, PURSUANT TO 2 
                                 U.S.C.

 January 3, 2001.--Referred to the Committee of the Whole House on the 
              State of the Union and ordered to be printed
                               __________

                    U.S. GOVERNMENT PRINTING OFFICE
89-012                     WASHINGTON : 2001

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, December 29, 2000.
Hon. J. Dennis Hastert,
Speaker of the House of Representatives,
Washington, DC.
    Dear Mr. Speaker: Pursuant to section 254(b) of the 
Balanced Budget and Emergency Deficit Control Act of 1985, as 
amended, the Congressional Budget Office hereby submits its 
Final Sequestration Report for Fiscal Year 2001 to the U.S. 
House of Representatives.
            Sincerely,
                                            Dan L. Crippen,
                                                          Director.
    Enclosure.
    Identical letters sent to: Honorable Albert Gore, Jr., 
President of the Senate and Honorable Jacob J. Lew, Director, 
Office of Management and Budget.


```
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsThe 1982 direct strike lightning dataWideband waveforms data which were obtained during the 1982 direct-strike lightning tests utilizing the NASA F106-B aircraft specially instrumented for lightning electromagnetic measurements. The aircraft was operated in a thunderstorm environment to elicit strikes to the aircraft during this testing period. Electromagnetic field data were recorded to both attached lightning and free field excitation of the aircraft.Document ID19860014620Acquisition SourceLegacy CDMSDocument TypeTechnical Memorandum (TM)AuthorsThomas, M. E.*(NASA Langley Research Center Hampton, VA, United States)*Pitts, F. L.*(NASA Langley Research Center Hampton, VA, United States)*Date AcquiredSeptember 5, 2013Publication DateMarch 1, 1983Subject CategoryMeteorology And ClimatologyReport/Patent NumberNASA-TM-84626NAS 1.15:84626Accession Number86N24091Funding Number(s)PROJECT: RTOP 505-45-03-02Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19860014620.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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