alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 17,542.

#### Johnson et al. *v.*Anderson et al.

*Evidence.*— Opinion *as to Public Utility of Proposed Change in Highway.*— Remonstrance.—The opinion of a witness as to the public utility of the proposed change in a highway is inadmissible on the trial of a remonstrance against the change on the ground that it was not of public utility.

*Same.*— Incompetent.—Prejudicial.—Incompetent evidence directed to the point in issue will be presumed to be prejudicial unless the record shows the contrary.

From the LaPorte Circuit Court.

*F. E. Osborn,*for appellants.

*J. H. Bradley,*for appellees.

Monks, J.

This was a proceeding to change the location of public highway, brought by appellees before the *494board of commissioners of LaPorte county. Appellants appeared and filed a remonstrance against such change on the ground that the same was not of public utility. The change of location was ordered by the board of commissioners. Appellants appealed to the court below where the cause was tried by a jury, a verdict returned in favor of appellees, and over a motion for a new trial judgment was rendered that the location of the public highway be changed.

The action of the court in overruling the motion for a new trial is the only error assigned.

During the progress of the trial, the court permitted a witness, on behalf of appellees, to testify, over the objection of appellants, that “the proposed change of location of said highway would be of public utility.” This is assigned as one of the causes for a new trial.

The question of the public utility of the proposed change of the location of the said highway was a question of fact for the jury to determine. *Moore*v. *Auge, 125*Ind. 562. It was, therefore, error to permit the witness to give his opinion as to the public utility of the proposed change of highway. *Hughes*v. *Beggs,*114 Ind. 427, and cases cited on page 428; *Brunker*v. *Cummins,*133 Ind. 443, and authorities cited pp. 448, 449.

It is urged by appellees that if it was error to admit this testimony, it was harmless. The testimony was concerning an important and material point in the case, the question the jury were required to determine, and we cannot say that it did not influence them in the verdict. The evidence was incompetent, and as it was directed to the point in issue in the cause, will be presumed to be prejudicial unless the record shows the contrary. Elliott App. Proced., section 632, note 3 *; 2*Elliott Gen. Prac., section 956 ; *Brunker*v. *Cummins,*
      *495
      *supra,*on p. 449; *Louisville, etc., Co.*v. *Sparks,*12 Ind. App. 410. It follows that the court erred in overruling the motion for a new trial.

Filed January 28, 1896.

Judgment reversed, with instructions to sustain appellants’ motion for a new trial.
Editorial Note on Part 1315
Editorial Note: Nomenclature changes to part appear at 82 FR 97041, Dec. 30, 2016.

§ 1315.06 Assessment of Annual Needs; Types of quotas. The four types of quotas are: ( a ) Assessment of annual needs, which establishes the total quantity of ephedrine, pseudoephedrine, and phenylpropanolamine necessary to be manufactured and imported by all manufacturers and importers in a calendar year.
( b ) Individual manufacturing quotas, which establish the maximum quantity of ephedrine, pseudoephedrine, and phenylpropanolamine that a registered manufacturer may manufacture during a calendar year. This type of quota is only issued to DEA-registered bulk manufacturers.
( c ) Procurement quotas, which establish the maximum quantity of ephedrine, pseudoephedrine, and phenylpropanolamine that a registered manufacturer may procure during a calendar year for the purpose of manufacturing into dosage-forms or other substances.
( d ) Import quotas, which establish the maximum quantity of ephedrine, pseudoephedrine, and phenylpropanolamine that a registered importer may import during the calendar year for distribution to their DEA-registered customers.
[88 FR 60142, Aug. 31, 2023]
§ 1309.12 Time and method of payment; refund. ( a ) For each application for registration or reregistration to manufacture, distribute, import, or export the applicant shall pay the fee when the application for registration or reregistration is submitted for filing online using the secure application portal at *www.DEAdiversion.usdoj.gov .*
( b ) Payment shall be made online by Automated Clearing House funds transfer, by credit card, or by any other means made available at the time of submission using the secure application portal at *www.DEAdiversion.usdoj.gov .*
[87 FR 21022, Apr. 11, 2022]
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear at 81 FR 49896, July 29, 2016.

§ 117.206 Modified requirements that apply to a facility solely engaged in the storage of unexposed packaged food. ( a ) If a facility that is solely engaged in the storage of unexposed packaged food stores any such refrigerated packaged food that requires time/temperature control to significantly minimize or prevent the growth of, or toxin production by pathogens, the facility must conduct the following activities as appropriate to ensure the effectiveness of the temperature controls: ( 1 ) Establish and implement temperature controls adequate to significantly minimize or prevent the growth of, or toxin production by, pathogens;
( 2 ) Monitor the temperature controls with adequate frequency to provide assurance that the temperature controls are consistently performed;
( 3 ) If there is a loss of temperature control that may impact the safety of such refrigerated packaged food, take appropriate corrective actions to: ( i ) Correct the problem and reduce the likelihood that the problem will recur;
( ii ) Evaluate all affected food for safety; and
( iii ) Prevent the food from entering commerce, if you cannot ensure the affected food is not adulterated under section 402 of the Federal Food, Drug, and Cosmetic Act;
( 4 ) Verify that temperature controls are consistently implemented by: ( i ) Calibrating temperature monitoring and recording devices (or checking them for accuracy);
( ii ) Reviewing records of calibration within a reasonable time after the records are created; and
( iii ) Reviewing records of monitoring and corrective actions taken to correct a problem with the control of temperature within 7 working days after the records are created or within a reasonable timeframe, provided that the preventive controls qualified individual prepares (or oversees the preparation of) a written justification for a timeframe that exceeds 7 working days;
( 5 ) Establish and maintain the following records: ( i ) Records (whether affirmative records demonstrating temperature is controlled or exception records demonstrating loss of temperature control) documenting the monitoring of temperature controls for any such refrigerated packaged food;
( ii ) Records of corrective actions taken when there is a loss of temperature control that may impact the safety of any such refrigerated packaged food; and
( iii ) Records documenting verification activities.
( b ) The records that a facility must establish and maintain under paragraph (a)(5) of this section are subject to the requirements of subpart F of this part.
Editorial Note on Part 12
Editorial Note: Nomenclature changes to part 12 appear at 88 FR 45064, July 14, 2023.

§ 12.100 Administrative record of a hearing. ( a ) The record of a hearing consists of— ( 1 ) The order or regulation or notice of opportunity for hearing that gave rise to the hearing;
( 2 ) All objections and requests for hearing filed by the Dockets Management Staff under §§ 12.20 through 12.22;
( 3 ) The notice of hearing published under § 12.35;
( 4 ) All notices of participation filed under § 12.45;
( 5 ) All Federal Register notices pertinent to the proceeding;
( 6 ) All submissions filed under § 12.82, e.g., the submissions required by § 12.85, all other documentary evidence and written testimony, pleadings, statements of position, briefs, and other similar documents;
( 7 ) The transcript, written order, and all other documents relating to the prehearing conference, prepared under § 12.92;
( 8 ) All documents relating to any motion for summary decision under § 12.93;
( 9 ) All documents of which official notice is taken under § 12.95;
( 10 ) All pleadings filed under § 12.96;
( 11 ) All documents relating to any interlocutory appeal under § 12.97;
( 12 ) All transcripts prepared under § 12.98; and
( 13 ) Any other document relating to the hearing and filed with the Dockets Management Staff by the presiding officer or any participant;
( b ) The record of the administrative proceeding is closed— ( 1 ) With respect to the taking of evidence, when specified by the presiding officer; and
( 2 ) With respect to pleadings, at the time specified in § 12.96(a) for the filing of briefs.
( c ) The presiding officer may reopen the record to receive further evidence at any time before the filing of the initial decision.
Editorial Note on Part 108
Editorial Note: Nomenclature changes to part 108 appear at 81 FR 49896, July 29, 2016.

§ 108.12 Manufacturing, processing, or packing without a permit, or in violation of a permit. ( a ) A manufacturer, processor, or packer may continue at his own risk to manufacture, process, or pack without a permit a food for which the Commissioner has determined that a permit is required. All food so manufactured, processed, or packed during such period without a permit shall be retained by the manufacturer, processor, or packer and may not be introduced or delivered for introduction into interstate commerce without the advance written approval of the Food and Drug Administration. Such approval may be granted only upon an adequate showing that such food is free from microorganisms of public health significance. The manufacturer, processor, or packer may provide to the Commissioner, for his consideration in making any such determination, an evaluation of the potential public health significance of such food by a competent authority in accordance with procedures recognized as being adequate to detect any potential hazard to public health. Within 20 working days after receipt of a written request for such written approval the Food and Drug Administration shall either issue such written approval or deny the request. If the request is denied, the applicant shall, upon request, be afforded a prompt hearing conducted in accordance with § 108.5 (b) and (c).
( b ) Except as provided in paragraph (a) of this section, no manufacturer, processor, or packer may introduce or deliver for introduction into interstate commerce without a permit or in violation of a permit a food for which the Commissioner has determined that a permit is required. Where a manufacturer, processor, or packer utilizes a consolidation warehouse or other storage facility under his control, interstate shipment of any such food from the point of production to that warehouse or storage facility shall not violate this paragraph, provided that no further introduction or delivery for introduction into interstate commerce is made from that consolidated warehouse or storage facility except as provided in paragraph (a) of this section.
IV 

House Calendar No. 159 

109TH CONGRESS 

2D SESSION H. RES. 755 

[Report No. 109–404] 

Providing for consideration of the bill (H.R. 513) to amend the Federal 

Election Campaign Act of 1971 to clarify when organizations described 

in section 527 of the Internal Revenue Code of 1986 must register 

as political committees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 4, 2006 

Mr. DREIER, from the Committee on Rules, reported the following resolution; 

which was referred to the House Calendar and ordered to be printed 

RESOLUTION 

Providing for consideration of the bill (H.R. 513) to amend 

the Federal Election Campaign Act of 1971 to clarify 

when organizations described in section 527 of the Internal Revenue Code of 1986 must register as political 

committees, and for other purposes. 

1 Resolved, That upon the adoption of this resolution 

2 it shall be in order without intervention of any point of 

3 order to consider in the House the bill (H.R. 513) to 

4 amend the Federal Election Campaign Act of 1971 to 

5 clarify when organizations described in section 527 of the 


rwilkins on PROD1PC63 with BILLS
2 

HRES 755 RH 

1 Internal Revenue Code of 1986 must register as political 

2 committees, and for other purposes. The bill shall be con3 sidered as read. The amendment in the nature of a sub4 stitute recommended by the Committee on House Admin5 istration now printed in the bill, modified by the amend6 ment printed in the report of the Committee on Rules ac7 companying this resolution, shall be considered as adopt8 ed. All points of order against the bill, as amended, are 

9 waived. The previous question shall be considered as or10 dered on the bill, as amended, to final passage without 

11 intervening motion except: (1) one hour of debate on the 

12 bill, as amended, equally divided and controlled by the 

13 chairman and ranking minority member of the Committee 

14 on House Administration; and (2) one motion to recommit 

15 with or without instructions. 


rwilkins on PROD1PC63 with BILLS

rwilkins on PROD1PC63 with BILLS
House Calendar No. 159 

109TH CONGRESS 

2D SESSION H. RES. 755 

[Report No. 109

–404] 

RESOLUTION 

Providing for consideration of the bill (H.R. 513) 

for other purposes. 1986 must register as political committees, and section 527 of the Internal Revenue Code of 1971 to clarify when organizations described in to amend the Federal Election Campaign Act of 

APRIL 4, 2006 

Referred to the House Calendar and ordered to be 

printed 


rwilkins on PROD1PC63 with BILLS
#### § 1308.46 Control required under international treaty.

Pursuant to section 201(d) of the Act (21 U.S.C. 811(d)), where control of a substance is required by U.S. obligations under international treaties, conventions, or protocols in effect on May 1, 1971, the Administrator shall issue and publish in the Federal Register an order controlling such substance under the schedule he deems most appropriate to carry out obligations. Issuance of such an order shall be without regard to the findings required by subsections 201(a) or 202(b) of the Act (21 U.S.C. 811(a) or 812(b)) and without regard to the procedures prescribed by § 1308.41 or subsections 201 (a) and (b) of the Act (21 U.S.C. 811 (a) and (b)). An order controlling a substance shall become effective 30 days from the date of publication in the Federal Register, unless the Administrator finds that conditions of public health or safety necessitate an earlier effective date, in which event the Administrator shall specify in the order his findings as to such conditions.

[38 FR 8254, Mar. 30, 1973. Redesignated at 38 FR 26609, Sept. 24, 1973, and further redesignated at 62 FR 13968, Mar. 24, 1997]
# m8843.docx

EUROPEAN COMMISSION Brussels, 28.3.2018 C(2018) 2077 final To the notifying part y Subject : Case M . 8843 – MACQUARIE GROUP / TDC Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 01 March 2018 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which DK Telekommunikation ApS , a consortium vehicle (the consortium consisting of MIRACo , PFA Holding, PKA Holding and ATP Holding ), a cquires within the mea ning of Article 3(1 )( b) of the Merger Regulation control of the undertaking TDC A/S ("TDC", Denmark) by way of a public bid . The consortium is negatively controlled by Macquarie Group Limited ("Macquarie Group", Australia), which will hold post-transaction negative sole control over TDC . 3 2. The business activities of the undertakings concerned are: - for Macquarie Group : a global provider of banking, financial, advisory, investment and funds management services listed on the Australian Stock Exchange; - for TDC : a provider of communications as well as television and home entertainment solutions primarily to residential and business markets in Denmark and Norway . 3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 ( b ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 . 4 4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1 )( b) of the Merger Regulation and Article 57 of the EEA Agreement . For the Commission
(Signed)
Johannes LAITENBERGER Director - General
(1)
OJ L 24, 29.1.2004, p. 1 ( the ' Merger Regulation ' ). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ( ' TFEU ' ) has introduced certain changes, such as the replacement of ' Community ' by ' Union ' and ' common market ' by ' internal market ' . The terminology of the TFEU will be used throughout this decision.
(2) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ).
(3) Publication in the Official Journal of the European Union No C 88 , 08.03.2018 , p. 24 .
(4)
OJ C 366, 14.12.2013, p. 5 .
EXHIBIT 21.1

HOSPITALITY PROPERTIES TRUST  SUBSIDIARIES OF THE REGISTRANT

Name

State of Formation, Organization
or IncorporationCandlewood Jersey CityUrban Renewal, L.L.C.

New JerseyHarbor Court Associates, LLC

MarylandHH HPT Suite Properties LLC

DelawareHH HPTCW II Properties LLC

DelawareHH HPTCY Properties LLC

DelawareHH HPTMI III Properties LLC

DelawareHH HPTRI Properties LLC

DelawareHH HPTWN Properties LLC

DelawareHPT Capital Trust Holdings

MarylandHPT Capital Trust I

MarylandHPT Capital Trust II

MarylandHPT CW MA Realty Trust

MassachusettsHPT CW Overland Park LLC

MarylandHPT CW Properties Trust

MarylandHPT HSD Properties Trust

MarylandHPT IHG Canada Corporation

New BrunswickHPT IHG Canada Properties Trust

DelawareHPT IHG GA Properties LLC

MarylandHPT IHG PR, Inc.

Puerto RicoHPT IHG Properties Trust

MarylandHPT IHG-2 Properties Trust

MarylandHPT IHG-3 Properties LLC

MarylandHPT IHG-3 Properties Trust

MarylandHPT TRS IHG-3, Inc.

MarylandHPTLA Properties Trust

MarylandHPT Smokey Mountain LLC

DelawareHPT Suite Properties Trust

MarylandHPT TA Properties LLC

DelawareHPT TA Properties Trust

MarylandHPT TRS IHG-1, Inc.

MarylandHPT TRS IHG-2, Inc.

MarylandHPT TRS MI-135, Inc.

DelawareHPT TRS SPES II, Inc.

MarylandHPT TRS, Inc.

DelawareHPTCY Properties Trust

MarylandHPTMI Hawaii, Inc.

DelawareHPTMI II Properties Trust

MarylandHPTMI Properties Trust

MarylandHPTRI Properties Trust

MarylandHPTSHC Properties Trust

MarylandHPTSY Properties Trust

MarylandHPTWN Properties Trust

MarylandHPT GL Properties LLC

MarylandHPT PSC Properties LLC

MarylandHPT PSC Properties Trust

Maryland


---



QuickLinks
#### § 1313.14 Disposition of import declaration.

The importer, or their agent, must submit an official record of the import declaration and/or required data concerning the import transaction to a customs officer at the port of entry in compliance with all import control requirements of agencies with import control authorities under the Act or statutory authority other than the Controlled Substances Import and Export Act. For List I chemicals, the final destination of the import transaction must only be the registered location of the importer (*i.e.,* drop shipments are prohibited). A regulated person must maintain an official record of the declaration (available from the DEA Diversion Control Division secure network application after the Administration issues a transaction identification number) in accordance with part 1310 of this chapter as the record of the import. Official records of import declarations involving listed chemicals must be retained for two years.

[81 FR 97037, Dec. 30, 2016]
#### § 1210.25 Permits for pasteurized milk or cream.

Permits to ship or transport pasteurized milk or cream into the United States will be granted only upon compliance with the requirements of clauses 1 and 3 of section 2 of the Federal Import Milk Act, §§ 1210.11, 1210.12, 1210.14, as applicable.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

1445 ROSS AVENUE, SUITE 1200 

DALLAS, TX 75202-2733 

Ms. Cecilia Williams 

Chief 

Air Quality Bureau 

New Mexico Environment Department 

P.O. Box 26110 

Santa Fe, NM 87502-6110 

Dear Hs. Williams: 

The invironment.al P.coLecl.iuiJ. Age·.:J.GY {EPA) :LC(:ei>.tcd :r~aur 

letter of November 6, 1998, which submitted corrections to the 

New Mexico Administrative Code (NMAC). The corrections submitted 

included typographical and numbering errors, one of which was a 

correction to 20 NMAC 2.72 - Construction Permits, Section 502-

Table c. According to your November 6 letter, the table was 

inadvertently left out during reformatting from the Air Quality 

Control Regulations into the NMAC format. The EPA does not 

consider the table as part of the current State Implementation 

Plan (SIP). 

In subsequent conversations among our respective staff, we 

understand that it is not the Department's intention to amend the 

SIP to include Table c. Based on this understanding, EPA intends 

to take no action on that portion of the November 6, 1998, 

submittal. Please confirm in writing that our understanding is 

correct. 

If I can be of further assistance, please do not hesitate to 

contact me. 

Sincerely 

Air Permits Section 

Internet Address (URL) • http://www.epa.gov 

Recycled/Recyclable • Prtnled Wtlh Vegelable 08 Based Inks on Recycled Paper (Minimum 25% Postconsumer) 
GARY E. JOHNSON 

GoW~mor 

Sandra Ely 

Air Quality Bureau 

Jole C. Luehrs 

U.S. EPA, Region 6 

1445 Ross Ave., Suite 1200 

Dallas, TX 75202-2733 

Dear Ms. Luehrs: 

State of New Mexico 

ENnRONMENTDEPARTIWENT 

Harold Runnels Building 

/190St. Francis Drive, P.O. Druwer 26110 

Santa Fe, New Mexico 87502-0110 

May II, 1999 

PETER MAGGIORE 

Secretary 

Phone: (505) 827-1494 

Fax: (505) 827-1523 

I am responding to your letter of April 7, 1999, requesting clarification of our November 6, 1998 

submittal. At that time we had submitted several corrections to the New Mexico Administrative 

Code (NMAC) concerning our Construction Pennit rule, 20 NMAC 2. 72. Some of these corrections 

were part of our State Implementation Plan (SIP), others were not. The Nov. 6, 1998 submittal did 

identify which corrections were part of the SIP (Attachment A of that submittal), but this letter will 

further clarify your questions about Table C in the air toxics portion of20 NMAC 2.72. Table Cis 

not part of our SIP and was only sent td you for your information so that you would have a complete 

copy of this rule. If you should have any further questions regarding this change, please call Jim 

Nellessen of my staff at (505) 827-0048. 

Sincerely, 

Sandra 

:i5~~ Ely, Acting Bureau Chief 

se:Jn
IV 

109TH CONGRESS 

2D SESSION H. RES. 871 

Recognizing Sam Hornish, Jr. for winning the 90th running of the 

Indianapolis 500. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2006 

Mr. GILLMOR submitted the following resolution; which was referred to the 

Committee on Government Reform 

RESOLUTION 

Recognizing Sam Hornish, Jr. for winning the 90th running 

of the Indianapolis 500. 

Whereas Sam Hornish, Jr. was born in Bryan, Ohio, was 

raised in Defiance, Ohio, and currently resides in Napoleon, Ohio, all of which are in Ohio’s 5th Congressional 

District; 

Whereas Sam Hornish, Jr. competes in the Indy Racing 

League with Team Penske and has twice won the championship of that league; and 

Whereas Sam Hornish, Jr. won the 90th running of the Indianapolis 500 on May 28, 2006: Now, therefore, be it 
2 

•HRES 871 IH

1 Resolved, That the House of Representatives recog2 nizes Sam Hornish, Jr. for his victory in the Indianapolis 

3 500. 

Æ