alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Concetta Di Giantomaso, Respondent, v. Kreger Truck Renting Co., Inc., et al., Appellants.

In a negligence action to recover damages for personal injury, defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County, dated January 26, 1970, as denied their motion to renew two previous motions of plaintiff, *inter alia,*to strike out the answer of defendant Fontanez, which previous motions had been granted. Order reversed insofar as appealed from, with $10 costs and disbursements; and defendants’ motion granted and two orders dated February 27, 1969 and October 7, 1969, respectively, vacated, upon condition that defendant Fontanez be produced for examination before trial at least 30 days prior to the trial of the action, if located, or, alternatively, in the event he does not appear and submit to examination before trial by such time, that he be precluded from testifying at the trial. In our opinion, absent a showing of prejudice to plaintiff, it was an improvident exercise of discretion to strike the answer of defendant Fontanez and direct an assssment of damages against him for failure to appear for examination before trial. Such sanction would adversely affect the interests of the codefendant, Kreger Truck Renting Co., Inc., which co-operated and submitted to an examination. In any event, in *965view of the derivative liability, if any, of Kreger, an immediate assessment of damages against Fontanez should not have been directed *(Kilpatrick*v. *Maya,*14 A D 2d 751). Rabin, Acting P. J., Hopkins, Latham, Kleinfeld and Brennan, JJ., concur.
1910.004-70 Brand name products or equal.       (a) *General.* Consistent with the policy stated in FAR 10.004(a)(2), the Broadcasting Board of Governors acquisitions will generally not be based on a specifically identified product or feature(s) thereof. However, under unusual circumstances such an approach may be used as described below.          (b) *Citing brand name products.* Brand name or equal purchase descriptions shall cite all brand name products known to be acceptable and of current manufacture. If the use of a brand name or equal purchase description results in the purchase of an acceptable brand name product which was not listed as an “equal” product, a reference to that brand name product should be included in the purchase description for later acquisitions. If a brand name product is no longer applicable, the reference thereto shall be deleted from subsequent purchase description.          (c) *Specifying essential characteristics.*          (1)  			It is imperative that brand name or equal purchase descriptions specify each physical or functional characteristic of the product that is essential to the intended use. Failure to do so may result in a defective solicitation and the necessity to resolicit the requirements. (See 1910.004-73.) Care must be taken to avoid specifying characteristics that cannot be shown to materially affect the intended end use and which unnecessarily restrict competition.          (2) When describing essential characteristics, permissible tolerances should be indicated. Avoid specifying a characteristic (e.g., a specific dimension) of a brand name product unless it is essential to the Government's need. The contracting officer must be able to justify the requirement.    **Parent topic:** PART 1910 - SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS
#### Michael J. Cady *vs.*Minneapolis Times Co.

Submitted on briefs July 13, 1894.

Affirmed July 20, 1894.

No. 8763.

Complaint for libel construed.

Complaint for libel considered, and *held*not to negative the averments. that the plaintiff was the person intended, by it.

Appeal by defendant, the Minneapolis Times Company, a corporation, from an order of the District Court of Hennepin County, *Henry’ G. Hicks,*J.t made February 26, 1894, overruling its demurrer to. the complaint.

*Cobb & Wheelwright-,*for appellant.

*Rea, Hubachek é Healy,*for respondent.

Gilfillan, C. J.

It is not denied — could not well be — that the article complained of is a libel upon plaintiff, if published of and concerning him, so that he was understood to be the person intended. The complaint alleges that he was the person intended, and that the article was so understood, and there is nothing in the complaint to-negative that. The article is of a person described by his business, place of business, physical peculiarities and nicknames, and states that that person removed to Chicago, went into the same business there, and was the Prendergast who killed Carter Harrison. The complaint alleges that plaintiff was intended and known by the description to be so. That is not negatived by the facts that he never-went to Chicago, is not Prendergast, and did not kill Harrison.

Order affirmed.

Buck, J., absent, sick, took no part.

(Opinion published 59 N. W. 1040.)
# EUR-Lex - 31982R1871 - EN

Avis juridique important

*|*

# 31982R1871

**Commission Regulation (EEC) No 1871/82 of 13 July 1982 amending Regulation 467/67/EEC fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing **

*
Official Journal L 206 , 14/07/1982 P. 0015 - 0015 *

*****

COMMISSION REGULATION (EEC) No 1871/82

of 13 July 1982

amending Regulation No 467/67/EEC fixing the conversion rates, the processing costs and the value of the by-products for the various stages of rice processing

THE COMMISSION OF THE EUROPEAN

COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community,

Having regard to Council Regulation (EEC) No 1418/76 of 21 June 1976 on the common organization of the market in rice (1), as last amended by the Act of Accession of Greece, and in particular Article 19 thereof,

Whereas Article 2 (1) and (2) of Commission Regulation No 467/67/EEC (2), as last amended by Regulation (EEC) No 2120/81 (3), fixed the processing costs to be taken into consideration for certain processing stages; whereas as a result of changes in prices processing costs for these stages have also changed and these changes should be taken into account;

Whereas the measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

In Article 2 (1) and (2) of Regulation No 467/67/EEC, '39;47 ECU' is hereby replaced by '40;57 ECU'.

Article 2

This Regulation shall enter into force on 1 September 1982.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 13 July 1982.

For the Commission

Poul DALSAGER

Member of the Commission

(1) OJ No L 166, 25. 6. 1976, p. 1.

(2) OJ No 204, 24. 8. 1967, p. 1.

(3) OJ No L 208, 28. 7. 1981, p. 7.
MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to S.Ct.Prac.R. XIV(6):

2008-0033.

#### Northeast Ohio Psychiatric Inst. v. Levin.

Board of Tax Appeals, No. 2005-M-1683.
Subpart 2437.1 - Service Contracts - General    **Parent topic:** PART 2437 - SERVICE CONTRACTING2437.110 Solicitation provisions and contract clauses.       (e)          (1)  			The Contracting Officer shall insert the clause at 2452.237-70, Key Personnel, in solicitations and contracts when it is necessary for contract performance to identify Contractor Key personnel.          (2) The Contracting Officer shall insert the clause at 2452.237-73, “Conduct of Work and Technical Guidance,” in all solicitations and contracts for services.          (3) The contracting officer shall insert the clause at 2452.237-75, Access to HUD Facilities, in all solicitations and contracts when contractor employees, including subcontractors and consultants, will be required to regularly work in or have access to any HUD facilities (as distinct from nongovernment employee visitors to government facilities).          (4) The Contracting Officer shall insert the clause at 2452.237-77, Temporary Closure of HUD Facilities, in all solicitations and contracts where contractor personnel will be working on-site in any HUD office.          (5) The Contracting Officer shall insert the clause at 2452.237-79, “Post Award Conference,” in all solicitations and contracts for services when the contractor will be required to attend a post-award orientation conference. The Contracting Officer shall indicate whether the contractor must attend the conference in person or via electronic communication. The Contracting Officer shall use Alternate I when the Post Award Conference will be conducted by telephone or video conferencing.          (6) The Contracting Officer shall insert the clause at 2452.237-81, “Labor Categories, Unit Prices Per Hour and Payment,” in all indefinite quantity and requirements solicitations and contracts when level of effort task orders will be issued.          (7) The Contracting Officer shall insert provision 2452.237-82, Access to Controlled Unclassified Information (CUI), in Section L of solicitations when controlled unclassified information (“CUI”), as defined in the provision, will be provided to potential offerors for the purpose of preparing offers.          (8) The Contracting Officer shall insert clause 2452.237-83 in Section H, Access to Controlled Unclassified Information (CUI), of solicitations and contracts under which contractor and/or subcontractor employees will be granted access to controlled unclassified information (CUI) as defined in the clause.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92-463) and under the Secure Rural Schools and Community Self-Determination Act of 2000 (Public Law 106-393) the Kootenai National Forest's Lincoln County Resource Advisory Committee will meet on Wednesday, January 5, 2011 at 6 p.m. at the Forest Supervisor's Office in Libby, Montana for a business meeting. The meeting is open to the public.

# DATES:

January 5, 2011.

# ADDRESSES:

Forest Supervisor's Office, 31374 US Hwy 2, Libby, Montana.

# FOR FURTHER INFORMATION CONTACT:

                        Janette Turk, Committee Coordinator, Kootenai National Forest at (406) 283-7764, or e-mail                         *jturk@fs.fed.us.*

# SUPPLEMENTARY INFORMATION:

Agenda will include planning for future RAC priorities. If the meeting date or location is changed, notice will be posted in the local newspapers, including the Daily Interlake based in Kalispell, Montana.

Dated: December 16, 2010.

Paul Bradford,

Forest Supervisor.

[FR Doc. 2010-32442 Filed 12-23-10; 8:45 am]

BILLING CODE 3410-11-P
§ 440.13 Local applications. ( a ) The Support Office Director shall give written notice to all local applicants throughout a State of their eligibility to apply for financial assistance under this part in the event: ( 1 ) A State, within which a local applicant is situated, fails to submit an application within 60 days after notice in accordance with § 440.12(a) or
( 2 ) The Support Office Director finally disapproves the application of a State, and, under § 440.30, either no appeal is filed or the Support Office Director's decision is affirmed.
( b ) To be eligible for financial assistance, a local applicant shall submit an application pursuant to § 440.12(b) to the Support Office Director within 30 days after receiving the notice referred to in paragraph (a) of this section.
( c ) In the event one or more local applicants submits an application for financial assistance to carry out projects in the same geographical area, the Support Office Director shall hold a public hearing with the same procedures that apply under section § 440.14(a).
( d ) Based on the information provided by a local applicant and developed in any hearing held under paragraph (c) of this section, the Support Office Director shall determine in writing whether to award a grant to carry out one or more weatherization projects.
( e ) If there is an adverse decision in whole or in part under paragraph (d) of this section, that decision is subject to administrative review under § 440.30 of this part.
( f ) If, after a State application has been finally disapproved by DOE and the Support Office Director approves local applications under this section, the Support Office Director may reject a new State application in whole or in part as disruptive and untimely without prejudice to submission of an application for the next program year.
(Approved by the Office of Management and Budget under control number 1904-0047) [49 FR 3629, Jan. 27, 1984, as amended at 58 FR 12525, 12529, Mar. 4, 1993]
HELENA CHEMICAL COMPANY 7576 North Ingram Suite 101 Fresno, CA 93711 Telephone: 559/261-9030 Facsimile: 559/261-9250

May 21, 2012
Linda Irokawa-Otani, Regulations Coordinator Department ofPesticide Regulation 1001 I Street, P.O. Box 4015 Sacramento, California 95812-4015 RE: Proposed Non

-Fumigant VOC Regulations Dear Ms. Irokawa-Otani: I am writing in response to your proposed VOC regulations for Non

-Fumigant products. As a retailer located in the Central Valley ofCalifornia, Ifind many problems with your proposal. First, GoalTender and other low VOC oxyfluorfen formulations are NOT viable substitutes for Goal2XL and other EC oxyfluorfen products. My company has over 20years experience working with Goal2XL and over 10years working with GoalTender. When it comes to post emergence weed control, GoalTender is not a substitute. Our experience in the field and orchard is that Goal2XL is the only formulation that controls hard to control weeds like malva, and helps with glyphosate resistant weeds. Ihave reviewed your list of "kickers" and their cost as it pertains to making GoalTender an effective post emergence product
. Reliable data does not existthat supports your position that these "kickers" are the answer to using GoalTender in place ofGoa12XL
. Glyphosate is not an effective tank mix partner due to the fact that glyphosate is already the foundation ofthe spray mix. Adding a pint ofglyphosate will do nothing for resistant weeds and hard to control weeds. Paraquat is a Restricted Use Pesticide due to acute toxicity. Human toxicity and worker exposure concerns make paraquat an extremely poor choice. The most likely "kickers" to be added to GoalTender are Rely and Treevix. Rely costs $46/ acre and was in short supply in 2012. Treevix costs $16/acre and the label recommends the addition ofGoal to broaden the spectrum. With additional regulatory requirements you are putting our California growers in a non-competitive position versus other U.S, producers, let alone the global position we have to compete with
.Lastly, please allow me to comment on the administrative burden that these regulations push

upon our business and our people. Providing written information on the VOCregulations, tracking the intended use period, providing written recommendations and maintaining records for two years adds costs to our business. We will in turn be forced topass these costs on to our grower customers. This is addition to the $20to $50per acre calculated above. We need Goal2XL in our summer post emergent weed control programs. Its elimination will result in significant costincreases and decreased weed control in orchards and vineyards. Tills decreased weed control could even result in additional trips across the field with a tractor and sprayer. Have you considered the effectofadditional VOCloading from additional spray trips? Werespectfully request that you find a way to keep Goa12XLand other ECformulations available during the post emergent market months ofMay through October.
BestRegards,

Steven E. Alexander VicePresident Helena Chemical Company
#### § 600.113 Debarment and suspension.

Recipients shall comply with the nonprocurement debarment and suspension common rule implementing E.O.'s 12549 and 12689, “Debarment and Suspension,” 2 CFR 180 and 901. This common rule restricts subawards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

[59 FR 53266, Oct. 21, 1994, as amended at 74 FR 44278, Aug. 28, 2009]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 648 Engrossed in House (EH)]

H. Res. 648

                 In the House of Representatives, U.S.,

                                                      February 1, 2006.
    Resolved,

SECTION 1. FLOOR PRIVILEGES OF FORMER MEMBERS AND OFFICERS.

    Clause 4 of rule IV of the Rules of the House of Representatives is amended 
to read as follows:
    ``4. (a) A former Member, Delegate, or Resident Commissioner; a former 
Parliamentarian of the House; or a former elected officer of the House or former 
minority employee nominated as an elected officer of the House shall not be 
entitled to the privilege of admission to the Hall of the House and rooms 
leading thereto if he or she--
            ``(1) is a registered lobbyist or agent of a foreign principal as 
        those terms are defined in clause 5 of rule XXV;
            ``(2) has any direct personal or pecuniary interest in any 
        legislative measure pending before the House or reported by a committee; 
        or
            ``(3) is in the employ of or represents any party or organization 
        for the purpose of influencing, directly or indirectly, the passage, 
        defeat, or amendment of any legislative proposal.
    ``(b) The Speaker may promulgate regulations that exempt ceremonial or 
educational functions from the restrictions of this clause.''.

SEC. 2. PROHIBITING ACCESS TO MEMBER EXERCISE FACILITIES FOR LOBBYISTS WHO ARE 
              FORMER MEMBERS OR OFFICERS.

    (a) In General.--The House of Representatives may not provide access to any 
exercise facility which is made available exclusively to Members and former 
Members, officers and former officers of the House of Representatives, and their 
spouses to any former Member, former officer, or spouse who is a lobbyist 
registered under the Lobbying Disclosure Act of 1995 or any successor statute or 
agent of a foreign principal as defined in clause 5 of rule XXV. For purposes of 
this section, the term ``Member of the House of Representatives'' includes a 
Delegate or Resident Commissioner to the Congress.
    (b) Regulations.--The Committee on House Administration shall promulgate 
regulations to carry out this section.
            Attest:

                                                                          Clerk.
```
Editorial Note on Part 70
Editorial Note: Nomenclature changes to part 70 appear at 81 FR 86910, Dec. 2, 2016.

§ 70.17 Specific exemptions. ( a ) The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.
( b ) [Reserved]
( c ) The DOE is exempt from the requirements of the regulations in this part to the extent that its activities are subject to the requirements of part 60 or part 63 of this chapter.
( d ) Except as specifically provided in part 61 of this chapter, any licensee is exempt from the requirements of the regulations in this part to the extent that its activities are subject to the requirements of part 61 of this chapter.
[37 FR 5749, Mar. 21, 1972, as amended at 45 FR 65536, Oct. 3, 1980; 46 FR 13987, Feb. 25, 1981; 47 FR 57481, Dec. 27, 1982; Redesignated at 65 FR 56225, Sept. 18, 2000, as amended at 66 FR 55815, Nov. 2, 2001]
#### In re GRANT’S WILL.

(Supreme Court, Appellate Division, Second Department.

December 4, 1914.)

In the matter of the probate of the last will and testament of Mary Theresa. Grant, deceased.

No opinion. Order of the Surrogate’s Court of Kings County affirmed, with $10 costs and disbursements. See, also, 150 N. Y. Supp. 1088.
Editorial Note on Part 61
Editorial Note: Nomenclature changes to part 61 appear at 80 FR 74980, Dec. 1, 2015, and at 81 FR 86909, Dec. 2, 2016.

§ 61.11 General information. The general information must include each of the following: ( a ) Identity of the applicant including: ( 1 ) The full name, address, telephone number and description of the business or occupation of the applicant;
( 2 ) If the applicant is a partnership, the name, and address of each partner and the principal location where the partnership does business;
( 3 ) If the applicant is a corporation or an unincorporated association, ( i ) the state where it is incorporated or organized and the principal location where it does business, and
( ii ) the names and addresses of its directors and principal officers; and
( 4 ) If the applicant is acting as an agent or representative of another person in filing the application, all information required under this paragraph must be supplied with respect to the other person.
( b ) Qualifications of the applicant: ( 1 ) The organizational structure of the applicant, both offsite and onsite, including a description of lines of authority and assignments of responsibilities, whether in the form of administrative directives, contract provisions, or otherwise;
( 2 ) The technical qualifications, including training and experience, of the applicant and members of the applicant's staff to engage in the proposed activities. Minimum training and experience requirements for personnel filling key positions described in paragraph (b)(1) of this section must be provided;
( 3 ) A description of the applicant's personnel training program; and
( 4 ) The plan to maintain an adequate complement of trained personnel to carry out waste receipt, handling, and disposal operations in a safe manner.
( c ) A description of: ( 1 ) The location of the proposed disposal site;
( 2 ) The general character of the proposed activities;
( 3 ) The types and quantities of radioactive waste to be received, possessed, and disposed of;
( 4 ) Plans for use of the land disposal facility for purposes other than disposal of radioactive wastes; and
( 5 ) The proposed facilities and equipment.
( d ) Proposed schedules for construction, receipt of waste, and first emplacement of waste at the proposed land disposal facility.
H. Res. 548 

In the House of Representatives, U. S., 

October 3, 2017. 

Resolved, That upon adoption of this resolution it shall 

be in order to consider in the House the bill (H.R. 36) to 

amend title 18, United States Code, to protect pain-capable 

unborn children, and for other purposes. All points of order 

against consideration of the bill are waived. The bill shall be 

considered as read. All points of order against provisions in 

the bill are waived. The previous question shall be considered 

as ordered on the bill and on any amendment thereto to final 

passage without intervening motion except: (1) one hour of 

debate equally divided and controlled by the chair and ranking minority member of the Committee on the Judiciary; and 

(2) one motion to recommit. 

Attest: 

Clerk.