alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

JENNIFER JACKIW,

Petitioner

v.

SOFT PRETZEL FRANCHISE (WORKERS' COMPENSATION APPEAL BOARD),

Respondent :

:

:

:

:

:

:

:

:

:

:

: No. 286 EAL 2023

Petition for Allowance of Appeal

from the Order of the

Commonwealth Court

ORDER

PER CURIAM

AND NOW , this 14th day of February, 2024

, the Petition for Allowance of Appeal

is GRANTED

. The issue

, rephrased for clarity, is:

Did the Commonwealth Court err in applying Section 306(a) of the Workers’ Compensation Act, 77 P.S. § 511, rather than Section 306(c), 77 P.S. § 513, to determine the benefit rate for the specific loss of a body part, based upon its decision in Walton v. C ooper Hosiery Co., 409 A.2d 518 (Pa. Cmwlth. 1980)?
#### 1523.303-71 Decontamination of Government-furnished property.

Contracting Officers shall insert the contract clause at 1552.245-70, Decontamination of Government-Furnished Property, when it is anticipated that a Contractor will use Government-furnished or Contractor-acquired property in the clean-up of hazardous or toxic substances in the environment.
#### Louise Kusner et al., Respondents, v. Municipal Housing Authority for the City of Yonkers, Appellant.

In a negligence action to recover damages for personal injury, loss of services, etc., the defendant appeals from an order of the Supreme Court, Westchester County, dated October 29, 1963, which denied its motion to dismiss the complaint for lack of prosecution (CPLR 3216). Order reversed, without costs; motion granted and complaint dismissed. Issue was joined October 4, 1961, at which time a demand was made for a bill of particulars. The plaintiffs did not serve a bill of particulars, and nothing was done to place the action on the Trial Calendar until the motion to dismiss for lack of prosecution was made 23 months later (on Sept. 4, 1963). The explanation of plaintiffs’ counsel for the delay was that the papers were misfiled through inadvertence. In our opinion, such explanation is insufficient to excuse the unreasonable delay in prosecuting the action; hence, it was an improvident exercise of discretion to deny the motion to dismiss the complaint *(Keating*v. *Smith,*20 A D 2d 141; *Gallagher*v. *City of New York,*19 A D 2d 623). Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.
CHECKLIST III ( 

TRANSPORTER REQUIREMENTS 

t FEDERAL REQUI REMENT. . RCRA CITE STATE AUTHORITY IF DIFFERENT FROM FEDERAL 

STATUTE REGULATION' REQUIREMENT EXPLAIN 

SUBPART A - GENERAL 

Was h ing ton Adrninistr a tive Cod e:' (~AC)' ch .173-,303 

SCOPE 

transportation standards 263.10(a) 

on-site transportation 

excluded 

ot-her regulations 

applicable 

263.10(b) 

263.10(c) .' 

importers of waste 263.10(c)Cl) 

mi xer.s of waste _­ . 

263.10(c)(2) 

f~A IDENTIFICATION NUMBER 

173-303-240(2) .. 

,. 

(4 ) 

(3) 

(3) (a) 

(3) (b) 

-

I.. . ". 

' , 

. . 

-

.. -

.. 

-­

. .. - , 

. 

number reouired 263.11(a) (1 ) 

application' 263.11(b) o' 

(1) 

;. 

TRANSFER FACILITY REQUIREMENTS 

exception 1253.1i -240(5) 

SUBPART B - COMPLIANCE WITH THE MANIFEST SYSTEM AND: RECORDKEEPING·­

. 

MAN!FEST SYSTEM
 

manifest required 263.20(a) 173-303-250(1) .., 

siQnature ~nd date 263.20(b) (2) 

(3) 

(4 ) 

I 

accompanies waste 

delivery to another 

transporters 

'. 

water shipments 

263.20(c) 

263.20(d) 

263.20(e) (7) 

delivered by water 263.20(e)(1) - (7) (a) 

'shippinQ paper 263.20(e)(2) (7) (b) 

sionature of owner 263.20(e)(3) (7) (c) I 

(7) (d) signature of : 

transporter 263.20(e)(4) 

copies retained 263.20(e)(5) (7) (e) . A-19
 
CHECKLIST 111 (continued) c 

C 

FEDERAL REQUIREMENT· .RCRA CITE STATE AUTHORITY IF DIFFERENT FROM FEDERAL 

REQUIREMENT, EXPLAIN 

, 

STATUTE REGULATION 

rail shipments 263.20(f) 173-303-250 (8) 

(8)(a) initial rail 

t ransp.orter 263.20(f)(1) 

shippino paper 263.20(,()(2) (b) 

(c) 

(d) 

delivery to facility 263.20(,()(3) 

delivery to non-rail 

transporter 263.20(f)(4) 

acceptance from rail 

transporter 263.20(f)(5) (e) 

_.". .. 

exporters 263.20(.q) (9) 

(9)(a) date 263.20(0)(1) ..- "-­ -­

s i onature 263.20(g)(2) (b) 

(c)

• return COPy 263.20(0)(3) 

(;( \ . COMPLIANCE WITH MANIFEST

uantity 263.21(a) 

desionated facilitv 263.21(a)(1) 

alternate racilit l 263.21(a)(2 

·transporter 263.21(a (3) 

place outside u.S. 

inability to deliver/ 

revision of manifest 

263.21(a)(4) 

263.21(b) 

RECORDKEEPING
 

I .. . 

retain co ies 

water .transporter 

263.22(a) 

263.22(b) 

rail trans orter 263.22(c) 

ex orter 263.22(d) 

263.22(e) 

-250(5) 

(5)(a) 

(b) 

.(c) 

(d) 

-250(6) 

173-303-260(1) 

(2)(a) 

(2) (a&b) 

(3) 

(4 ) 

A-20 
( 

• FEDERAL REQUIREMENT· RCRA 

CHECKLIST III (continued) 

CITE STATE AUTHORITY 

STATUTE REGDLATION 

IF DIFFERENT 

REQUIREMENT 

FROM FEDERAL 

EXPLAIN 

SUBPART C - HAZARDOUS WASTE -. -DISCHARGES 

IMMEDIATE ACTION
 

transporter action 263.30(a) 173-303':'270 .. 

removal/authorization 

bv official 

duties of transporter 

263.30(bY263.30(c) 

.-­ -:fZg (3) (b) I -­ - ­

-270 

-270 (2) 

-270 (3) I -~270(4)

notice 263. 3-0 (c) (1) 

-

report 

water transporter 

263-. ~O(c)·(2)

26:3. 30-(dY -

DISCHARGE CLEAN-UP
 

..:.t.:...;ra;;;.;.n.;.;.s.z;;..p~or_t_e_r_d_u_t ...y 1-.,;2~6;...,;;3~~-..;;..31~--__._- _-_:~I __-=-=-"::';....L.li;,,",-(_3_)_(a_)_(_ij _ 

A-21
16.402-4 Structuring multiple-incentive contracts. A properly structured multiple-incentive arrangement should— ( a ) Motivate the contractor to strive for outstanding results in all incentive areas; and
( b ) Compel trade-off decisions among the incentive areas, consistent with the Government's overall objectives for the acquisition. Because of the interdependency of the Government's cost, the technical performance, and the delivery goals, a contract that emphasizes only one of the goals may jeopardize control over the others. Because outstanding results may not be attainable for each of the incentive areas, all multiple-incentive contracts must include a cost incentive (or constraint) that operates to preclude rewarding a contractor for superior technical performance or delivery results when the cost of those results outweighs their value to the Government.
## New

York State Department of EnvironmentalGonservation Deputy Commissioner

and General Gounsel Office of General

Counsel, 14tn

Floor 625Broadway,

Albany, New York 12233-1500 Phone: (518) 402-9185

' FAX: (518)

402-9018 Website:

www.dec.nv.qov

Deborah Ritzko NYS Departrnent

of State Division of Administrative

Rules 41 State Street, Ste330 Albany, NY 12231-0001 

# & IH 

# w Alexander

B. Grannis Commissioner



# RFCEIVHD Dear Ms. Ritzko: JAN 2 0 2009 ADMINISTRATIVE

RULES 

### Transmitted

with this letteris the Notice of Adoption

for revisio,",t

?SodfWLWr?l'tlAt5oo, General provisions

;20r,permits and

certificates;

and 231, New Source

Review for Newand

Modified Facilities.

Also transmitted

are the Express

Terms for Parts 200,201and23l, Express Terms Summary, Assessment

of public CommeltsSurnmary and Certificate

of Adoption. An electronic copy is also heins transrnitted

to nvsrcgister@,dos.state.ny'us' Also enclosed

with this filing are two copies of each of the following documents that are incorporated

by referencewith this adoption: - 40CFRpart 51, Section 51.100; Section 51.160 to 51.166;

and Appendix

W, pages

493-541 (July 2006); - 40 CFR Part52, Section 52.21' pages 14-60 (July 2006); - 40 CFR Part 58, Appendix B, pages 241-247 (July 2006); 40 cFR Part60, Section 60.1 to End and

Appendices

(July 2006); - 40 CFR Part

61, pages

5-333 (July2006); - 40 CFR part

63,Section

63.1 to 63.599,

S"ction 63.600 to 63.1199,

Section 63.1200 to 63.1439' Section 63.1440

to 63.6175,

Section 63.6580 to 63.8830

and Section

63.8980 to End. The followilg ilcorporated reference and incorporation-by-reference certification

were filed in your office on Octoblr Zt,iggO (filing no. 4896)'and on April 28, 1992(f,rlin-g numberl0l0): please publish the enclosed

documents

in the next issue

of the State Register. Sincerely, '--) ,-, , ) /t /') /---/ ,"' 

# L{,- /lL_l_r}, Alison H. Crocker Enclosures Deputy Commissioner and General

Counsel
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER>       1
       
<S>                                     <C>       
<PERIOD-TYPE>                           9-MOS
<FISCAL-YEAR-END>                       Mar-01-1997
<PERIOD-START>                          Mar-03-1996
<PERIOD-END>                            Nov-30-1996                     
<CASH>                                    2,768,000
<SECURITIES>                                      0
<RECEIVABLES>                            14,753,000
<ALLOWANCES>                                      0
<INVENTORY>                              31,311,000
<CURRENT-ASSETS>                         51,504,000
<PP&E>                                   20,612,000
<DEPRECIATION>                           10,681,000
<TOTAL-ASSETS>                           64,714,000
<CURRENT-LIABILITIES>                    44,267,000
<BONDS>                                           0
<PREFERRED-MANDATORY>                             0
<PREFERRED>                                       0
<COMMON>                                  1,267,000            
<OTHER-SE>                               17,647,000
<TOTAL-LIABILITY-AND-EQUITY>             64,714,000
<SALES>                                  35,358,000
<TOTAL-REVENUES>                         46,108,000
<CGS>                                    22,136,000
<TOTAL-COSTS>                            29,874,000
<OTHER-EXPENSES>                            (5,000)
<LOSS-PROVISION>                                  0
<INTEREST-EXPENSE>                        1,094,000
<INCOME-PRETAX>                         (4,938,000)
<INCOME-TAX>                              2,074,000
<INCOME-CONTINUING>                     (2,864,000)
<DISCONTINUED>                                    0
<EXTRAORDINARY>                                   0
<CHANGES>                                         0
<NET-INCOME>                            (2,864,000)
<EPS-PRIMARY>                                   .58
<EPS-DILUTED>                                   .58

        

</TABLE>
1646.201 Contract Quality Policy. ( a ) This section prescribes general policies and procedures to ensure that services acquired under the FEHB contract conform to the contract's quality and audit requirements.
( b ) OPM will periodically evaluate the contractor's system of internal controls under the quality assurance program required by the contract and will acknowledge in writing whether or not the system is consistent with the requirements set forth in the contract. After the initial review, subsequent reviews may be limited to changes in the contractor's internal control guidelines. However, a limited review does not diminish the contractor's obligation to apply the full internal control system.
( c ) OPM will issue specific quality performance standards for the FEHB contracts and will inform carriers of the applicable standards prior to negotiations for the contract year. OPM will benchmark its standards against standards generally accepted in the insurance industry. The contracting officer may authorize nationally recognized standards to be used to fulfill this requirement. FEHB carriers will comply with the performance standards issued by OPM.
( d ) In addition to reviewing carriers' quality assurance programs, OPM will periodically audit contractors, subcontractors and Large Providers' books and records to assure compliance with FEHB law, regulations, and the contract.
[70 FR 31382, June 1, 2005]
#### The People of the State of New York, Respondent, v. Francis Joseph Ryan, Appellant.

Reapplication for assignment of counsel denied. Time to perfect appeal extended 90 days.
#### 1406.302 Circumstances permitting other than full and open competition.
#### § 989.10 Tiering.

The Air Force should use tiered (40 CFR 1502.20) environmental documents, and environmental documents prepared by other agencies, to eliminate repetitive discussions of the same issues and to focus on the issues relating to specific actions. If the Air Force adopts another Federal agency's environmental document, subsequent Air Force environmental documents may also be tiered.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7588

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus WILLIE EDWARD HOPKINS, III, a/k/a W. E. Hopkins, a/k/a Bill Hopkins, a/k/a Willie Hopkins, a/k/a Little Bill, a/k/a Bill, Jr., Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Jerome B. Friedman, District Judge. (CR-97-9-2-3) Submitted: February 19, 2004 Decided: February 26, 2004 Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges. Affirmed by unpublished per curiam opinion. Willie Edward Hopkins, III, Appellant Pro Se. Fernando Groene, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Willie Edward Hopkins, III, appeals the district court’s orders denying relief on his motion seeking a reduction of his sentence. Our review of the record discloses no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Hopkins v. United States , No. CR-97-9-2-3 (E.D. Va. Aug. 7, 2003 & Sept. 30, 2003). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### DEVERY v. WINTON MOTOR CARRIAGE CO.

(Supreme Court, Appellate Term.

January 17, 1906.)

1. Pleadings—Complaint—Amendment.

An amendment of a complaint changing the cause of action from one for breach of contract to one for - moneys had and received is within the power of the court.

*3932. Appeal—Questions Reviewable.

Where no opposition was made to an amendment of a complaint changing the cause of action from one for breach of contract to one for moneys had and received, no exception taken, and no application for adjournment made, no question was raised thereby for review on appeal.

3. Courts—Municipal Court—Jurisdiction—Action on Quasi Contract.

The municipal court of the city of New York has jurisdiction of an action on a quasi contract.

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

Action by William S. Devery against the Winton Motor Carriage Company. Judgment for plaintiff, and defendant appeals.

Affirmed.

Argued before SCOTT, P. J., and BLANCHARD and DOW-LING, JJ.

Charles Thaddeus Terry, for appellant.

Emanuel I. S. Hart, for respondent.

SCOTT, P. J.

It is true that the amendment of the complaint changed the cause of action from one for “breach of contract” to one for “moneys had and received.” Such an amendment was within the power of the court, and as the record shows that no opposition thereto was made by defendant, and no' exception taken, and no application for adjournment made, no question is raised thereby for review upon appeal. The case, as made, justified a recovery. Briggs v. Boyd, 56 N. Y. 289. The cases relied upon by defendant to sustain the contention that the Municipal Court has no jurisdiction to entertain an action upon a quasi contract (Harrington v. City of New York, 40 Misc. Rep. 165, 81 N. Y. Supp. 667; Goldstein v. Abramson [Sup.] 86 N. Y. Supp. 30) have been overruled by the Appellate Division (Pache v. Oppenheim, 93 App. Div. 221, 87 N. Y. Supp. 704).

Judgment affirmed, with costs. All concur.
# Fourth Court of Appeals San Antonio, Texas October 13, 2022 No. 04-21-00345-CR EX PARTE Vanessa Marie VILLANUEVA , From the 216th Judicial District Court, Kerr County, Texas

Trial Court No. A1523-1 Honorable Albert D. Pattillo, III, Judge Presiding



### O R D E R On September 28, 2022, we issued an opinion and judgment in this appeal. As a result, any motion for rehearing was due by today, October 13, 2022. On October 11, 2022, appellant filed a motion for extension of time to file a motion for rehearing. After consideration, we grant the motion in part. Appellant’s motion for rehearing is due by November 14, 2022.

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of October, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
#### 1252.216-73 Distribution of Award Fee.

As prescribed in 1216.406-70(c), insert the following clause:

# Distribution of Award Fee (NOV 2022)

(a) The total amount of award fee available under this contract is assigned according to the following evaluation periods and amounts—

Evaluation Period:

Available Award Fee:

[*Contracting Officer insert appropriate information*]

(b) After the Contractor has been paid 85 percent of the base fee and potential award fee, the Government may withhold further payment of the base fee and award fee until a reserve is set aside in an amount that the Government considers necessary to protect its interest. This reserve shall not exceed 15 percent of the total base fee and potential award fee or $150,000, whichever is less. Thereafter, base fee and award fee payments may continue.

(c) In the event of contract termination, either in whole or in part, the amount of award fee available shall represent a pro-rata distribution associated with evaluation period activities or events as determined by the Government.

(d) The Government will promptly make payment of any award fee upon the submission by the Contractor to the Contracting Officer's Representative, of a public voucher or invoice in the amount of the total fee earned for the period evaluated. Payment may be made without using a contract modification.

(End of clause)
Feel the paper Tilt the note Check with light

KNOW ITS FEATURES. TRUST IT’S REAL.
Move your finger across the note. 

It should feel slightly rough to 

the touch as a result of the 

printing process and the unique 

composition of the paper.

Feel the paper

Tilt the note to see the ink in 

the numbers on the lower right 

corner change color. On the 

current style of notes, the color 

should change from copper 

to green.

Tilt the note

Become familiar with your organization’s counterfeit-reporting procedures, and follow those procedures 

if you are uncertain if the banknote you are handling is genuine U.S. currency. Procedures may include 

notifying your manager, notifying your loss-prevention representative, or calling your local law 

enforcement authority.

Visit uscurrency.gov for more information 

and training resources on authenticating 

current and older styles of U.S. currency.

Color-shifting ink appears on 

denominations $10 and higher.

The current style $100 note includes 

two additional security features 

you can check by tilting the note: 

a color-shifting Bell in the Inkwell and 

a 3-D Security Ribbon. The 3-D Security 

Ribbon contains images of bells and 

100s that shift as you tilt the note.

Hold the note to light to check 

that the watermark and security 

thread are visible from the front 

and back of the note.

Check with light

The security thread is in a different 

location on each denomination $5 

and higher.

The watermarks on the $10, $20, $50, 

and $100 notes should match the 

portrait on the front of the note. 

The $5 note has numeral 5 watermarks.
<PAGE>


                                                                 Exhibit 10.26.5

(EMERSON LOGO)

EMERSON RADIO CORP. 9 Entin Road, P.O. Box 430, Parsippany, New Jersey
07054-4430 (973) 884-5800

--------------------------------------------------------------------------------
                                               Effective as of September 1, 2004

Ms. Elizabeth J. Calianese
c/o Emerson Radio Corp.
9 Entin Road
Parsippany, New Jersey 07054

                              EMPLOYMENT AGREEMENT

Dear Ms. Calianese:

This letter will serve as confirmation of our agreement that the Employment
Agreement, dated effective as of September 1, 2001 (the "Agreement"), by and
between you and Emerson Radio Corp. shall be and hereby is extended through and
including August 31, 2007. The base salary compensation of the Agreement is
presently $220,000.

Except as specifically amended hereby, the terms of the Agreement shall remain
in full force and effect. Please indicate your agreement to the above by
signing in the space provided below.


Very truly yours:

Emerson Radio Corp.

By: /s/ John J. Raab
   -----------------------------
   (Name)                 (Title)              ACKNOWLEDGED, UNDERSTOOD AND
John J. Raab              COO-SEVP             AGREED TO AS OF SEPTEMBER 1, 2004

                                               By: /s/ Elizabeth J. Calianese
                                                  -----------------------------
                                                  Elizabeth J. Calianese
#### 18.124 Electronic funds transfer.

Electronic funds transfer payments may be waived for acquisitions to support unusual and compelling needs or emergency acquisitions. (See 32.1103(e).)

[71 FR 38248, July 5, 2006. Redesignated at 72 FR 46344, Aug. 17, 2007. Redesignated at 76 FR 18309, Apr. 1, 2011]