alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1303.31 Hearings generally. ( a ) In any case where the Administrator shall hold a hearing regarding the determination of an aggregate production quota pursuant to § 1303.11(c), or regarding the adjustment of an aggregate production quota pursuant to § 1303.13(c), the procedures for such hearing shall be governed generally by the rule making procedures set forth in the Administrative Procedure Act (5 U.S.C. 551-559) and specifically by section 306 of the Act (21 U.S.C. 826), by §§ 1303.32-1303.37, and by the procedures for administrative hearings under the Act set forth in §§ 1316.41-1316.67 of this chapter.
( b ) In any case where the Administrator shall hold a hearing regarding the issuance, adjustment, suspension, or denial of a procurement quota pursuant to § 1303.12, or the issuance, adjustment, suspension, or denial of an individual manufacturing quota pursuant to §§ 1303.21-1303.27, the procedures for such hearing shall be governed generally by the adjudication procedures set forth in the Administrative Procedures Act (5 U.S.C. 551-559) and specifically by section 306 of the Act (21 U.S.C. 826), by §§ 1303.32-1303.37, and by the procedures for administrative hearings under the Act set forth in §§ 1316.41-1316.67 of this chapter.
[36 FR 7786, Apr. 24, 1971, as amended at 37 FR 15920, Aug. 8, 1972. Redesignated at 38 FR 26609, Sept. 24, 1973]
222 So.2d 884

#### INDUSTRIAL SUPPLY COMPANY OF LOUISIANA, INC. v. TRANSAMERICA INSURANCE COMPANY et al.

No. 49834.

June 9, 1969.

In re: Industrial Supply Company of Louisiana, Inc. applying for certiorari, or writ of review, to the Court of Appeal, Third Circuit, Parish of Calcasieu. 220 So.2d 126.

Writ refused. On the facts found by the Court of Appeal, the result is correct.
| 1.   | I      have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of      Hospitality Properties Trust; and |
|----------------|-----------------------------------------------------------------------------------------------------------------------|

| 2.   | Based      on my knowledge, this report does not contain any untrue statement of a      material fact or omit to state a material fact necessary to make the      statements made, in light of the circumstances under which such statements      were made, not misleading with respect to the period covered by this      report. |
|----------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  April      17, 2009 |   |   | /s/      Mark L. Kleifges          |
|--------------------------------------|--------|--------|---------------------------------------------------------------------------------|
|                                 |   |   | Mark      L. Kleifges                                                           |
|                                 |   |   | Treasurer      and Chief Financial Officer                                      |

----
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

Brian Harrison Sims

, * From the 35 th District Court

of Brown County,

Trial Court No. CR25839

.

Vs. No. 11

- 1 8

- 00 223

- CR * September 27, 2018

The State of Texas

, * Per Curiam Memorandum Opinion

(Panel consist Bailey , C.J.,

Willson, J. , and Wright

, S.C. J.

, sitting by assignment )

(Willson, J., not participating)

This court has considered Brian Harrison Sims ’s motion to dismiss his

appeal and concludes that the motion should be granted. Therefore, in

accordance with this court ’ s opinion, the appeal is dismissed.
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<TOTAL-ASSETS>                                  63,184
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<NET-INCOME>                                     1,801
<EPS-PRIMARY>                                      .13
<EPS-DILUTED>                                      .13
        

</TABLE>
#### Bonnie L. Nickell, Plaintiff-Appellee, v. William L. Nickell, Defendant-Appellant.

Gen. No. 68-197. (Abstract of Decision.)

Second District.

September 11, 1969.

Kenneth D. Palmer, of Rockford, for appellant;

Berry, Simmons & Coplan, of Rockford, for appellee.

Opinion by PRESIDING JUSTICE MORAN. Not to be published in full.
**West Virginia**

**West Virginia 10 Harrison**
| (logo) Prudential   | Prudential Asset Resources, Inc.  **Prudential Mortgage Capital Company**2100 Ross Avenue, Suite 2500 Dallas, TX 75201Tel 877-937-4500   |
|--------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------|

Wells Fargo Bank, National AssociationCommercial Mortgage Servicing MAC D1086-120550 South Tyron Street, 14th FloorCharlotte, North Carolina 28202Attention: WFRBS 2013-C12  RE: WFRBS 2013 C12Period: January 1, 2015 to December 31, 2015 (the “Reporting Period”)  **Annual Compliance Statement  **  I, Timothy E. Steward, in my capacity as President and Managing Director of Prudential Asset Resources, Inc. (the "Company") hereby certify with regard to the Company's role as Primary Servicer under the Pooling and Servicing Agreement, (the "Agreement") dated as of March 1, 2013 pertaining to the above-referenced certificates, that: (i)  a review of the activities of the Company under the Agreement during the period noted above, and of the performance of the Company under the Agreement during the reporting period has been made under my supervision, and (ii) to the best of my knowledge, based on such review, the Company has fulfilled all its obligations under the Agreement throughout the reporting period.  Effective as of 2/24/2016     /s/ Timothy E. StewardTimothy E. StewardPresident and Managing Director Prudential Asset Resources, Inc.
2007-2081.

#### Webb v. Thomas.

In Habeas Corpus. On petition for writ of habeas corpus of Jason L. Webb. Sua sponte, cause dismissed.

Moyer, C.J., and Pfeifer, Lundberg Stratton, O’Connor, O’Donnell, Lanzinger, and Cupp, JJ., concur.
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<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          MAR-31-2001
<PERIOD-START>                             OCT-01-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                          18,853
<SECURITIES>                                    30,672
<RECEIVABLES>                                  142,626
<ALLOWANCES>                                     4,417
<INVENTORY>                                    110,877
<CURRENT-ASSETS>                               312,382
<PP&E>                                         131,362
<DEPRECIATION>                                  82,020
<TOTAL-ASSETS>                                 379,287
<CURRENT-LIABILITIES>                           84,218
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           736
<OTHER-SE>                                     294,333
<TOTAL-LIABILITY-AND-EQUITY>                   379,287
<SALES>                                        307,361
<TOTAL-REVENUES>                               307,361
<CGS>                                          207,781
<TOTAL-COSTS>                                  207,781
<OTHER-EXPENSES>                                64,964
<LOSS-PROVISION>                                   659
<INTEREST-EXPENSE>                                  46
<INCOME-PRETAX>                                 37,870
<INCOME-TAX>                                     5,680
<INCOME-CONTINUING>                             32,190
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    32,190
<EPS-BASIC>                                       0.44
<EPS-DILUTED>                                     0.42


</TABLE>
Exhibit 31.2 CERTIFICATION

I, Kelly Tucek, Vice President, certify that:

- I have reviewed this report on Form 10-Q of Inland Monthly Income Fund, L.P.;  
- Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  
- Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report.  
- The registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15 (e) and 15d-15(e) for the registrant and we have:

> - designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
- evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
- disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting.

- The registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):

> - all significant deficiencies and material weaknesses in the design or operation of internal control adversely affect the registrant's ability to record, process, summarize and report financial information; and
- any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.
#### Moorer *v.*Moorer *et al.*

*Bill in Equity for Partition of a Money Decree.*

1. *Partition; money decree not subject of.*— A money decree is in the nature of a contract, an indivisible entirety; and it can not he partitioned in equity, so as to give eaclr of the joint owners a separate, and distinct cause of action.

Appeal from Butler Chancery Court.

Heard before the Hon. John A.'Foster.

Richardson & Steiner, for appellant.

Whitehead & Norris, contra.

A Chancery Court has jurisdiction to partition personal property as well as real property. — 3 Pom. Eq. Jur. 427, § 1391; 15 Barbour 333; 22 Ind. 568; *Marshall v. Crow,*29 Ala.>27,8; *Smith v. Dunn,*27 Ala. 315; Code of 1886, § 3262; a judgment is personal property.

CLOPTON, J.

The bill, which is filed by appellees, seeks to have partition of a money-decree, which was rendered by the Chancery Court of Lowndes county in favor of John A. Tyson, as administrator *de bonis non*of the estate of James C. Johnson, against the appellant, who was his predecessor in the administration. On the final settlement of the estate, Tyson transferred and assigned in writing the decree to the complainant Fannie C. Moorer and her sister Elizabeth Alston, who were the only distributees of the estate. Elizabeth died, leaving the complainants her only distributees. The equity of the bill is sought to be maintained on the ground, that a bill in equity will lie to obtain partition of personal property.

It may be admitted that the complainants are co-owners of the decree, each having equal right to enforce its collection by any of the modes authorized by law, and that they will become tenants in common of the proceeds when collected. But a judgment or decree is in the nature of a contract, and is an indivisible entirety. When assigned, suit *354thereon can only be brought in the name of the party in whose favor it is rendered. If assigned to two or more persons, it can not be partitioned so as’ to give each assignee a distinct cause of action for his part thereof. It may as well be said that'a promissory note can be parceled out so as to render the maker liable to separate actions by the different assignees. On the allegations of the bill, it is a suit in equity on a solid money decree, only seeking to obtain separate decrees for amounts proportionate to the respective shares of the co-assignees. We know no principle on which such suit can be maintained. From the nature of a judgment or decree, it can not be partitioned so as to allot distinct shares thereof to separate and several transferees, and is not subject to any proceeding for compulsory partition.

The decree of the chancellor must be reversed, and a decree will be here rendered dismissing the bill.

Reversed and rendered.
**Exhibit 10.48**

**AMENDMENT TO**

**MEMC ELECTRONIC MATERIALS, INC.**

**STOCK UNIT AWARD AGREEMENT**

**ForOfficers (Performance Vesting)**

**                    , 20    **

**2001 Equity Incentive Plan**

THIS AMENDMENT TO THE AGREEMENT is effective                    , 20    , between MEMC Electronic Materials, Inc. (the “Company”) and                                 (the “Participant”). 

WHEREAS, the Company and Participant entered into an Agreement dated                     (the “Agreement”), whereby the Company granted to the Participant**            ** Stock Unit Awards pursuant to the MEMC Electronic Materials, Inc. 2001 Equity Incentive Plan (the “Plan”); 

WHEREAS, the Company and the Participant now wish to amend the Agreement as provided herein; 

NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, the parties hereto hereby agree as follows: 

ARTICLE I. The second paragraph of subsection (a) of Section 4, entitled ***Distribution of Common Stock***, is amended and restated in its entirety asfollows: 

Notwithstanding the foregoing, unless the Committee otherwise determines at a later date, if within the two year period followinga Change in Control the Participant’s Employment is terminated by the Company without Cause or by the Participant for Good Reason, all of the Stock Unit Awards granted to the Participant hereby shall become vested as of the effective date ofthe termination of the Participant’s Employment with the Company. Notwithstanding the definition of “Good Reason” included in the Plan, for the purposes of this Agreement, clause (ii) of the definition of “Good Reason”shall mean “(ii) a material diminution in a Participant’s base salary. 

 

1 

ARTICLE II. **Miscellaneous.**

No Other Changes. Other than with respect to the Section of the Agreement specifically referenced above, this Amendment does not modify, change or delete any other addendum, term, provision, representation, warranty or covenant (the“Provisions”) relating to or contained in the Agreement, and all such Provisions of the Agreement shall remain in full force and effect. 

 
**MEMC Electronic Materials, Inc.****By:** 
 
**Title:** 
 

 

2
Editorial Note on Part 112
Editorial Note: Nomenclature changes to part 112 appear at 81 FR 49896, July 29, 2016.

§ 112.51 What requirements apply for determining the status of a biological soil amendment of animal origin? ( a ) A biological soil amendment of animal origin is treated if it has been processed to completion to adequately reduce microorganisms of public health significance in accordance with the requirements of § 112.54, or, in the case of an agricultural tea, the biological materials of animal origin used to make the tea have been so processed, the water used to make the tea is not untreated surface water, and the water used to make the tea has no detectable generic *Escherichia coli* (*E. coli*) in 100 milliliters (mL) of water.
( b ) A biological soil amendment of animal origin is untreated if it: ( 1 ) Has not been processed to completion in accordance with the requirements of § 112.54, or in the case of an agricultural tea, the biological materials of animal origin used to make the tea have not been so processed, or the water used to make the tea is untreated surface water, or the water used to make the tea has detectable generic *E. coli* in 100 mL of water;
( 2 ) Has become contaminated after treatment;
( 3 ) Has been recombined with an untreated biological soil amendment of animal origin;
( 4 ) Is or contains a component that is untreated waste that you know or have reason to believe is contaminated with a hazard or has been associated with foodborne illness; or
( 5 ) Is an agricultural tea made with biological materials of animal origin that contains an agricultural tea additive.
#### § 111.503 What are the requirements under this subpart N for written procedures?

You must establish and follow written procedures to fulfill the requirements of this subpart.
Editorial Note on Part 12
Editorial Note: Nomenclature changes to part 12 appear at 88 FR 45064, July 14, 2023.

§ 12.96 Briefs and arguments. ( a ) Promptly after the taking of evidence is completed, the presiding officer will announce a schedule for the filing of briefs. Briefs are to be filed ordinarily within 45 days of the close of the hearing. Briefs must include a statement of position on each issue, with specific and complete citations to the evidence and points of law relied on. Briefs must contain proposed findings of fact and conclusions of law.
( b ) The presiding officer may, as a matter of discretion, permit oral argument after the briefs are filed.
( c ) Briefs and oral argument are to refrain from disclosing specific details of written and oral testimony and documents relating to matters specified in § 10.20(j)(2)(i)( a ) and ( b ), except as specifically authorized in a protective order issued under § 10.20(j)(3).
§ 1.502 What foreign supplier verification program (FSVP) must I have? ( a ) *General.* Except as specified in paragraph (b) of this section, for each food you import, you must develop, maintain, and follow an FSVP that provides adequate assurances that your foreign supplier is producing the food in compliance with processes and procedures that provide at least the same level of public health protection as those required under section 418 (regarding hazard analysis and risk-based preventive controls for certain foods) or 419 (regarding standards for produce safety), if either is applicable, and the implementing regulations, and is producing the food in compliance with sections 402 (regarding adulteration) and 403(w) (if applicable) (regarding misbranding with respect to labeling for the presence of major food allergens) of the Federal Food, Drug, and Cosmetic Act.
( b ) *Low-acid canned foods* — ( 1 ) *Importers of low-acid canned foods not subject to further manufacturing or processing.* With respect to those microbiological hazards that are controlled by part 113 of this chapter, if you import a thermally processed low-acid food packaged in a hermetically sealed container (low-acid canned food), you must verify and document that the food was produced in accordance with part 113. With respect to all matters that are not controlled by part 113, you must have an FSVP as specified in paragraph (a) of this section.
( 2 ) *Certain importers of raw materials or other ingredients subject to part 113 of this chapter .* With respect to microbiological hazards that are controlled by part 113, you are not required to comply with the requirements of this subpart for raw materials or other ingredients that you import and use in the manufacturing or processing of low-acid canned food provided that you are in compliance with part 113 with respect to the low-acid canned food that you manufacture or process from the imported raw materials or other ingredients. With respect to all hazards other than microbiological hazards that are controlled by part 113, you must have an FSVP as specified in paragraph (a) of this section for the imported raw materials and other ingredients that you use in the manufacture or processing of low-acid canned foods.
( c ) *Importers subject to section 418 of the Federal Food, Drug, and Cosmetic Act.* You are deemed to be in compliance with the requirements of this subpart for a food you import, except for the requirements in § 1.509, if you are a receiving facility as defined in § 117.3 or § 507.3 of this chapter and you are in compliance with the following requirements of part 117 or part 507 of this chapter, as applicable: ( 1 ) You implement preventive controls for the hazards in the food in accordance with § 117.135 or § 507.34 of this chapter;
( 2 ) You are not required to implement a preventive control under § 117.136 or § 507.36 of this chapter with respect to the food; or
( 3 ) You have established and implemented a risk-based supply-chain program in compliance with subpart G of part 117 or subpart E of part 507 of this chapter with respect to the food.
#### § 3485.952 HEA.

*HEA* means the Higher Education Act of 1965, as amended.

(Authority: E.O. 12549 (3 CFR 1986 Comp., p. 189); E.O. 12689 (3 CFR 1989 Comp., p. 235); sec. 2455, Pub. L. 103-355, 108 Stat. 3327 (31 U.S.C. 6101 note); 20 U.S.C. 1082, 1094, 1221e-3, and 3474)