alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NO. 12-10-00322-CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

KAY DUBROCK, § APPEAL FROM THE 114TH

APPELLANT

V.

 § JUDICIAL DISTRICT COURT

SMS TRUST, GANDAF U.S.A., INC., d/b/a

SPEEDY FOOD MART, CITY OF TYLER

AND STATE OF TEXAS,

APPELLEES § SMITH COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant filed an unopposed motion to dismiss this appeal. As grounds for the motion, 

Appellant states that, as a result of mediation, the parties reached an agreement to settle and 

compromise their dispute. Because Appellant has met the requirements of Texas Rule of 

Appellate Procedure 42.1(a)(1), the motion is granted, and the appeal is dismissed. 

Opinion delivered December 22, 2010.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(PUBLISH)
§ 765.32 Reimbursement of excess funds. ( a ) No later than December 31, 2008, the Department shall determine if the aggregate amount authorized for appropriation pursuant to section 1003 of the Act (42 U.S.C. 2296a-2), as adjusted for inflation pursuant to § 765.12, exceed as of that date the combined total of all reimbursements which have been paid to licensees under this part, any amounts approved for reimbursement and owed to any licensee, and any anticipated additional reimbursements to be made in accordance with approved plans for subsequent remedial action.
( b ) If the Department determines that the amount authorized pursuant to section 1003 of the Act (42 U.S.C. 2296a-2), as adjusted for inflation, exceed the combined total of all reimbursements (as indicated in paragraph (a) of this section), the Department may establish procedures for providing additional reimbursement to uranium licensees for costs of remedial action, subject to the availability of appropriated funds. If the amount of available excess funds is insufficient to provide reimbursement of all eligible costs of remedial action, then reimbursement shall be paid on a prorated basis.
( c ) Each eligible uranium licensee's prorated share will be determined by dividing the total excess funds available by the total number of Federal-related dry short tons of byproduct material present at the site where costs of remedial action exceed $6.25 per dry short ton, as adjusted for inflation pursuant to § 765.12. The resulting number will be the maximum cost per dry short ton, over $6.25, that may be reimbursed. Total reimbursement for each licensee that has incurred approved costs of remedial action in excess of $6.25 per dry short ton will be the product of the excess cost per dry short ton multiplied by the number of Federal-related dry short tons of byproduct material at the site or the actual costs incurred and approved by the Department, whichever is less.
( d ) Any costs of remedial action for which reimbursement is sought from excess funds determined by the Department to be available is subject to all requirements of this part except the per dry short ton limit on reimbursement established by paragraph (d) of § 765.11.
[59 FR 26726, May 23, 1994, as amended at 68 FR 32957, June 3, 2003]
#### § 1108.128 Cost type award.

*Cost-type award* means an award that a DoD Component makes that provides for the recipient to be paid based on the actual, allowable costs it incurs in carrying out the award.
§ 1136.605 Content of OAR Article VI. ( a ) *Requirement.* A DoD Component's general terms and conditions must specify requirements related to closeout of awards and subawards, including recipients' liquidations of obligations, refunds of unobligated balances, and submission of final reports.
( b ) *Award terms and conditions* — ( 1 ) *General.* To implement the requirement in paragraph (a) of this section, a DoD Component's general terms and conditions must use the wording appendix F to this part provides for OAR Article VI.
( 2 ) *Exception related to due dates for final reports other than performance, financial, and invention reports.* Consistent with OMB guidance in 2 CFR 200.343(a), a DoD Component may grant extensions to due dates for final reports. ( i ) To pre-approve a 30-day extension for final reports other than performance, financial, and invention reports, a DoD Component may substitute “120 calendar days” for “90 calendar days” in the wording appendix F to this part provides for paragraph C.4 of OAR Article VI. These pre-approved 30-day extensions in the general terms and conditions are for all awards using those terms and conditions; they therefore are separate and distinct from any additional extensions a recipient may later request for an individual award.
( ii ) The parallel authorities for pre-approved extensions of due dates for final performance and invention reports are elsewhere. DoDGARs provisions in: ( A ) 2 CFR 1134.125 authorize a DoD Component to pre-approve a 30-day extension for due dates of performance reports by an appropriate substitution of wording in REP Article I of the general terms and conditions.
( B ) 2 CFR 1130.610 authorize a DoD Component to pre-approve a 30-day extension for due dates of final reports listing subject inventions under awards by an appropriate substitution of wording in PROP Article VI of the general terms and conditions.
( C ) 2 CFR 1134.505 authorize a DoD Component to pre-approve a 30-day extension for due dates of other types of final reports by inclusion of appropriate wording in REP Article V of the general terms and conditions.
§ 3001.10 What does this part do? This part requires that the award and administration of Department of Homeland Security (DHS) grants and cooperative agreements comply with Office of Management and Budget (OMB) guidance implementing the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701-707, as amended, hereafter referred to as “the Act”) that applies to grants. It thereby— ( a ) Gives regulatory effect to the OMB guidance, as supplemented by this part (Subparts A through F of 2 CFR part 182) for DHS's grants and cooperative agreements; and
( b ) Establishes DHS policies and procedures, as supplemented by this part, for compliance with the Act that are the same as those of other Federal agencies, in conformance with the requirement in 41 U.S.C. 705 for Government-wide implementing regulations.
Editorial Note on Part 55
Editorial Note: Nomenclature changes to part 55 appear at 80 FR 74980, Dec. 1, 2015.

§ 55.13 General exemptions. The regulations in this part do not require a license for an individual who— ( a ) Under the direction and in the presence of a licensed operator or senior operator, manipulates the controls of— ( 1 ) A research or training reactor as part of the individual's training as a student, or
( 2 ) A facility as a part of the individual's training in a facility licensee's training program as approved by the Commission to qualify for an operator license under this part.
( b ) Under the direction and in the presence of a licensed senior operator, manipulates the controls of a facility to load or unload the fuel into, out of, or within the reactor vessel.
###### Editorial Note on Part 180

#### Editorial Note:

Nomenclature changes to part 180 appear at 79 FR 75879, Dec. 19, 2014.

#### § 180.975 Notice.

*Notice* means a written communication served in person, sent by certified mail or its equivalent, or sent electronically by e-mail or facsimile. (See § 180.615.)
**Exhibit 32.1**
WESTCORP
CERTIFICATION OF CEO
     In connection with the Quarterly Report of Westcorp (the “Company”) on Form10-Q for the period ending June 30, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned ChiefExecutive Officer of the Company, hereby certifies, to the best of hisknowledge and belief and pursuant to 18 U.S.C., Chapter 63, Section 1350, asadopted pursuant to Section 906 of the Sarbanes–Oxley Act of 2002, that:
     (1) The Report fully complies with the requirements of Section13(a) or 15(d) of the Securities and Exchange Act of 1934; and
     (2) The information contained in the Report fairly presents, in allmaterial respects, the financial condition and result of operationsof the Company.
     The foregoing Certification is furnished solely for purposes of complying withthe provisions of Section 906 of the Sarbanes-Oxley Act and is not intended tobe used for any other purpose.
**WESTCORP** /s/ Ernest S. RadyErnest S. RadyChairman of the Board andChief Executive Officer   Date: August 6, 2004
###### Editorial Note on Part 9

#### Editorial Note:

Nomenclature changes to part 9 appear at 82 FR 52825, Nov. 15, 2017.

#### § 9.81 Notices of subpoenas.

When records concerning an individual are subpoenaed or otherwise disclosed pursuant to court order, the NRC officer or employee served with the subpoena shall be responsible for assuring that the individual is notified of the disclosure within five days after such subpoena or other order becomes a matter of public record. The notice shall be mailed to the last known address of the individual and shall contain the following information: (a) The date the subpoena is returnable; (b) the court in which it is returnable; (c) the name and number of the case or proceeding; and (d) the nature of the information sought.
#### The People of the State of New York, Respondent, v Steven Mitchell, Appellant.

Judgment, Supreme Court, Bronx County, rendered November 30, 1978, convicting defendant on his plea of guilty of robbery in the first degree and sentencing him as a predicate felon to *IVi*to 15 years, unanimously affirmed. Defendant acknowledged at the plea that at the time of the robbery he had "displayed what appeared to be a revolver”. Although subsequent questioning by the court educed a claim that the weapon had been a toy pistol (see Penal Law, § 160.15, subd 4), defendant waived a right to claim legal insufficiency of the plea by failure to move to withdraw it or to raise a claim of the inadequacy of his counsel *(People v Pascale,*48 NY2d 997). With the advice of counsel, defendant freely bargained for and was granted the plea and sentence in satisfaction of an indictment not only charging the crime pleaded to but also burglary in the first degree, rape in the first degree, robbery in the second degree, criminal possession of a weapon in the fourth degree, and criminal impersonation, charges which *609exposed him to a far lengthier sentence. Under such circumstances the interests of justice do not invoke a reversal. The bargain should be final. Concur—Birns, J. P., Sandler, Silverman, Bloom and Lynch, JJ.
#### § 200.424 Alumni/ae activities.

Costs incurred by IHEs for, or in support of, alumni/ae activities are unallowable.
#### § 1201.207 Standard application requirements.

The requirements of 2 CFR 200.207 do not apply to formula grant programs, which do not require applicants to apply for funds on a project basis.

[79 FR 76049, Dec. 19, 2014. Redesignated and amended at 88 FR 12806, Mar. 1, 2023]
§ 200.204 Notices of funding opportunities. For discretionary grants and cooperative agreements that are competed, the Federal awarding agency must announce specific funding opportunities by providing the following information in a public notice: ( a ) *Summary information in notices of funding opportunities.* The Federal awarding agency must display the following information posted on the OMB-designated governmentwide website for funding and applying for Federal financial assistance, in a location preceding the full text of the announcement: ( 1 ) Federal Awarding Agency Name;
( 2 ) Funding Opportunity Title;
( 3 ) Announcement Type (whether the funding opportunity is the initial announcement of this funding opportunity or a modification of a previously announced opportunity);
( 4 ) Funding Opportunity Number (required, if applicable). If the Federal awarding agency has assigned or will assign a number to the funding opportunity announcement, this number must be provided;
( 5 ) Assistance Listings Number(s);
( 6 ) Key Dates. Key dates include due dates for applications or Executive Order 12372 submissions, as well as for any letters of intent or pre-applications. For any announcement issued before a program's application materials are available, key dates also include the date on which those materials will be released; and any other additional information, as deemed applicable by the relevant Federal awarding agency.
( b ) *Availability period.* The Federal awarding agency must generally make all funding opportunities available for application for at least 60 calendar days. The Federal awarding agency may make a determination to have a less than 60 calendar day availability period but no funding opportunity should be available for less than 30 calendar days unless exigent circumstances require as determined by the Federal awarding agency head or delegate.
( c ) *Full text of funding opportunities.* The Federal awarding agency must include the following information in the full text of each funding opportunity. For specific instructions on the content required in this section, refer to appendix I to this part. ( 1 ) Full programmatic description of the funding opportunity.
( 2 ) Federal award information, including sufficient information to help an applicant make an informed decision about whether to submit an application. (See also § 200.414(c)(4)).
( 3 ) Specific eligibility information, including any factors or priorities that affect an applicant's or its application's eligibility for selection.
( 4 ) Application Preparation and Submission Information, including the applicable submission dates and time.
( 5 ) Application Review Information including the criteria and process to be used to evaluate applications. See also §§ 200.205 and 200.206.
( 6 ) Federal Award Administration Information. See also § 200.211.
( 7 ) Applicable terms and conditions for resulting awards, including any exceptions from these standard terms.
**Montana**

**Montana 01 Ravalli**
223 So.2d 872

#### Dave L. PEARCE, Commissioner of the Louisiana Department of Agriculture v. Carl GUNTER.

No. 49919.

June 27, 1969.

In re: Carl Gunter applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Rapides. 221 So.2d 599.

Writ refused. The judgment is not final.
Editorial Note on Part 72
Editorial Note: Nomenclature changes to part 72 appear at 80 FR 74981, Dec. 1, 2015, and at 81 FR 86910, Dec. 2, 2016.

§ 72.186 Change to physical security and safeguards contingency plans. ( a ) The licensee shall make no change that would decrease the safeguards effectiveness of the physical security plan, guard training plan or the first four categories of information (Background, Generic Planning Base, Licensee Planning Base, and Responsibility Matrix) contained in the licensee safeguards contingency plan without prior approval of the Commission. A licensee desiring to make a change must submit an application for a license amendment pursuant to § 72.56.
( b ) The licensee may, without prior Commission approval, make changes to the physical security plan, guard training plan, or the safeguards contingency plan, if the changes do not decrease the safeguards effectiveness of these plans. The licensee shall maintain records of changes to any such plan made without prior approval for a period of three years from the date of the change, and shall, within two months after the change is made, submit a report addressed to Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, in accordance with § 72.4, containing a description of each change. A copy of the report must be sent to the Regional Administrator of the appropriate NRC Regional Office specified in appendix A to part 73 of this chapter.
[53 FR 31658, Aug. 19, 1988, as amended at 67 FR 3586, Jan. 25, 2002; 68 FR 58819, Oct. 10, 2003; 75 FR 73945, Nov. 30, 2010; 79 FR 75741, Dec. 19, 2014; 83 FR 58723, Nov. 21, 2018]
#### § 2701.74 Pass-through entity.

SBA will only make awards to pass-through entities where expressly authorized by statute.
§ 176.90 Acquisitions covered under international agreements. Section 1605(d) of the Recovery Act provides that the Buy American requirement in section 1605 shall be applied in a manner consistent with U.S. obligations under international agreements. ( a ) The Buy American requirement set out in § 176.70 shall not be applied where the iron, steel, or manufactured goods used in the project are from a Party to an international agreement, listed in paragraph (b) of this section, and the recipient is required under an international agreement, described in the appendix to this subpart, to treat the goods and services of that Party the same as domestic goods and services. As of January 1, 2010, this obligation shall only apply to projects with an estimated value of $7,804,000 or more and projects that are not specifically excluded from the application of those agreements.
( b ) The international agreements that obligate recipients that are covered under an international agreement to treat the goods and services of a Party the same as domestic goods and services and the respective Parties to the agreements are: ( 1 ) The World Trade Organization Government Procurement Agreement (Aruba, Austria, Belgium, Bulgaria, Canada, Chinese Taipei (Taiwan), Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom);
( 2 ) The following Free Trade Agreements: ( i ) Dominican Republic-Central America-United States Free Trade Agreement (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Nicaragua);
( ii ) North American Free Trade Agreement (NAFTA) (Canada and Mexico);
( iii ) United States-Australia Free Trade Agreement;
( iv ) United States-Bahrain Free Trade Agreement;
( v ) United States-Chile Free Trade Agreement;
( vi ) United States-Israel Free Trade Agreement;
( vii ) United States-Morocco Free Trade Agreement;
( viii ) United States-Oman Free Trade Agreement;
( ix ) United States-Peru Trade Promotion Agreement; and
( x ) United States-Singapore Free Trade Agreement.
( 3 ) United States-European Communities Exchange of Letters (May 15, 1995): Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom; and
( 4 ) Agreement between the Government of Canada and the Government of the United States of America on Government Procurement.
[74 FR 18450, Apr. 23, 2009, as amended at 75 FR 14323, Mar. 25, 2010]
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

September 26, 2011 

h0919 

Order 

 

September 26, 2011 

143102 & (23) 

BAHRI M. NAKASH, a/k/a Ben Nakash, and 

OAKMAN INVESTMENT, LLC, 

Plaintiffs-Appellees, 

v SC: 143102 

 COA: 299802 

NASIR KHAN, d/b/a Complete Physical Oakland CC: 2009-101195-CK 

Therapy and Rehab and SEEMAB KHAN, 

Defendants-Appellants. 

_________________________________________/ 

 On order of the Court, the motion for miscellaneous relief is GRANTED. The 

application for leave to appeal the April 7, 2011 order of the Court of Appeals is 

considered, and it is DENIED, because we are not persuaded that the questions presented 

should be reviewed by this Court.
exv10wb






EXHIBIT 10(b)




SUMMARY OF COMPENSATION

PAYABLE TO NON-EMPLOYEE DIRECTORS

Effective January 1, 2010




     Director Fees. Effective January 1, 2010, the cash compensation payable to Sherwin-Williams’
non-employee directors is as follows:




	 	•	 	An annual cash retainer of $85,000;
	 
	 	•	 	An additional annual cash retainer of $21,000 for the chair of the Audit
Committee;
	 
	 	•	 	An additional annual cash retainer of $15,000 for the chair of the Compensation
and Management Development Committee;
	 
	 	•	 	An additional annual cash retainer of $11,000 for the chair of the Nominating
and Corporate Governance Committee; and
	 
	 	•	 	A meeting fee of $1,750 for each Board or Committee meeting attended in excess
of twelve meetings during a calendar year. For purposes of calculating the number
of meetings during a calendar year, any Board and Committee meetings held within
24 hours shall constitute one meeting.





     All retainer amounts are payable in quarterly installments in advance. All meeting fees are
payable on the date of the meeting.



     In addition, non-employee directors receive an annual grant of restricted stock valued at
approximately $95,000 at the time of the grant pursuant to The Sherwin-Williams Company 2006 Stock
Plan for Nonemployee Directors.



     Other Benefits. All directors are reimbursed for reasonable travel and other out-of-pocket
expenses incurred in connection with attendance at meetings of the Board of Directors and of
committees of the Board of Directors.



     Sherwin-Williams pays the premiums for liability insurance and business travel accident
insurance for all directors, including $225,000 accidental death and dismemberment coverage and
$225,000 permanent total disability coverage, while the directors are traveling on
Sherwin-Williams’ business.



     Directors may also receive the same discounts as Sherwin-Williams’ employees on the purchase
of products at Sherwin-Williams’ stores and are eligible to participate in Sherwin-Williams’
matching gifts on the same basis as employees. These programs provide
for annual matches for gifts of up to
$5,000 under the matching gifts to education program and $1,000 under the matching gifts for
volunteer leaders program, as well as annual grants of up to $200 under the grants for volunteers
program.



 









 





     Deferral of Director Fees. In accordance with the Director Deferred Fee Plan, directors may
elect to defer all or a part of their retainer and meeting fees. Deferred fees may be credited in
a common stock account, a shadow stock account or an interest bearing cash account. The value of
the shadow stock account reflects changes in the market price of Sherwin-Williams common stock and
the payment of dividend equivalents at the same rate as paid on the common stock. Amounts deferred
may be distributed either in annual installments over a period up to ten years or in a lump sum
pursuant to a director’s payment election. Amounts credited to a shadow stock account are
distributed in cash.
§ 376.20 Does this part apply to me? This part and, through this part, pertinent portions of the OMB guidance in subparts A through I of 2 CFR part 180 (see table at 2 CFR 180.100(b)), apply to you if you are a— ( a ) Participant or principal in a “covered transaction” under subpart B of 2 CFR part 180, as supplemented by this part, and the definition of nonprocurement transaction” at 2 CFR 180.970.
( b ) Respondent in HHS suspension or debarment action;
( c ) HHS debarment or suspension official;
( d ) HHS grants officer, agreements officer, or other HHS official authorized to enter into any type of nonprocurement transaction that is a covered transaction.
#### § 708.3 Complaints covered.

This part applies to a complaint of retaliation filed by an employee of a contractor that performs work on behalf of DOE, directly related to activities at a DOE-owned or -leased site, if the complaint stems from a disclosure, participation, or refusal described in § 708.5 of this subpart.