alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
611 P.2d 960

#### CITY OF TUCSON, and The State of Arizona, Petitioners/Appellees, v. Barbara ARNDT, Real Party in Interest, Respondent/Appellant.

No. 2 CA-CIV 3505.

Court of Appeals of Arizona, Division 2.

May 21, 1980.

*608Frederick S. Dean, City Atty., by R. William Call and Thomas B. Lindberg, Tucson, for petitioners/appellees.

Michael A. Blum, Tucson, for respondent/appellant.

OPINION

HATHAWAY, Chief Judge.

Appellant, Barbara Arndt, charged on August 28, 1979, in Tucson City Court with having violated Tucson City Code Sec. 11-28(1), lewd or indecent acts or prostitution, appeals, from the superior court judgment on special action reversing the Chief City Magistrate’s order denying the City Prosecutor leave to amend the charging document by adding an allegation of prior conviction. We reverse.

The motion for leave to amend was filed on September 26, 1979, and was heard and denied the following day. At the time the motion was filed, the cause was already scheduled for trial on October 16, 1979. All motions between arraignment and trial are required, unless otherwise specifically provided, to be made no later than 20 days prior to the date set for trial. 17 A.R.S., Rules of Criminal Procedure, rule 16.1(a) and (b). The time limits of the rule are specifically applicable to the addition of allegations of prior convictions, rule 13.5(a), *State v. Birdsall,*116 Ariz. 112, 568 P.2d 419 (1977), and if timely motion is made, the filing of an allegation of prior conviction is *609solely within the discretion of the prosecutor. *State v. Deddens, In and For County of Cochise,*119 Ariz. 156, 579 P.2d 1126 (App.1978). On the other hand, untimeliness is sufficient basis for denial of such motion, in the absence of excuse, as provided in rule 16.1(c).

In computing whether the motion was timely filed, the trial date, October 16, is not included, rule 1.3. The last day of the period so computed is included. Ibid. Thus, beginning our count from and including October 15, the twenty-day period runs through and including September 26, fixing the outer time limit. The motion having been filed on September 26, was not “ . . . made no later than 20 days prior to the date set for trial,” rule 16.1(b), and was untimely. Cf., *Carson v. McDowell,*203 Kan. 40, 452 P.2d 828 (1969), requiring “clear days” where a minimum 20-day period was required in giving notice for a zoning change.

Assuming arguendo that the City Magistrate denied the amendment for a different and insufficient reason, untimeliness was a proper basis for his denial since the record discloses no excuse for the failure to make a timely motion. The superior court should not have overturned the magistrate’s ruling, as he reached the correct result, albeit for the wrong reason.

Judgment reversed.

HOWARD and RICHMOND, JJ., concur.
#### § 1.1011-1 Adjusted basis.

The adjusted basis for determining the gain or loss from the sale or other disposition of property is the cost or other basis prescribed in section 1012 or other applicable provisions of subtitle A of the code, adjusted to the extent provided in sections 1016, 1017, and 1018 or as otherwise specifically provided for under applicable provisions of internal revenue laws.
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.3 Effective dates of requirement for premarket approval. A device included in this part that is classified into class III (premarket approval) shall not be commercially distributed after the date shown in the regulation classifying the device unless the manufacturer has an approval under section 515 of the act (unless an exemption has been granted under section 520(g)(2) of the act). An approval under section 515 of the act consists of FDA's issuance of an order approving an application for premarket approval (PMA) for the device or declaring completed a product development protocol (PDP) for the device. ( a ) Before FDA requires that a device commercially distributed before the enactment date of the amendments, or a device that has been found substantially equivalent to such a device, has an approval under section 515 of the act FDA must promulgate a regulation under section 515(b) of the act requiring such approval, except as provided in paragraph (b) of this section. Such a regulation under section 515(b) of the act shall not be effective during the grace period ending on the 90th day after its promulgation or on the last day of the 30th full calendar month after the regulation that classifies the device into class III is effective, whichever is later. See section 501(f)(2)(B) of the act. Accordingly, unless an effective date of the requirement for premarket approval is shown in the regulation for a device classified into class III in this part, the device may be commercially distributed without FDA's issuance of an order approving a PMA or declaring completed a PDP for the device. If FDA promulgates a regulation under section 515(b) of the act requiring premarket approval for a device, section 501(f)(1)(A) of the act applies to the device.
( b ) Any new, not substantially equivalent, device introduced into commercial distribution on or after May 28, 1976, including a device formerly marketed that has been substantially altered, is classified by statute (section 513(f) of the act) into class III without any grace period and FDA must have issued an order approving a PMA or declaring completed a PDP for the device before the device is commercially distributed unless it is reclassified. If FDA knows that a device being commercially distributed may be a “new” device as defined in this section because of any new intended use or other reasons, FDA may codify the statutory classification of the device into class III for such new use. Accordingly, the regulation for such a class III device states that as of the enactment date of the amendments, May 28, 1976, the device must have an approval under section 515 of the act before commercial distribution.
[52 FR 17735, May 11, 1987]
Exhibit 3.5

                            CERTIFICATE OF FORMATION

                                       OF

                                PSEG NUCLEAR LLC

            This Certificate of Formation of PSEG Nuclear LLC (the "LLC"), dated
as of June 16, 1999, is being duly executed and filed by Bernard J. Kelley, as
an authorized person, to form a limited liability company under the Delaware
Limited Liability Company Act (6 Del.C. subsection 18-101, et seq.).

            FIRST. The name of the limited liability company formed hereby is
PSEG Nuclear LLC.

            SECOND. The address of the registered office of the LLC in the State
of Delaware is c/o The Corporation Trust Company, 1209 Orange Street,
Wilmington, New Castle County, Delaware 19801.

            THIRD. The name and address of the registered agent for service of
process on the LLC in the State of Delaware is The Corporation Trust Company,
1209 Orange Street, Wilmington, New Castle County, Delaware 19801.

            IN WITNESS WHEREOF, the undersigned has executed this Certificate of
Formation as of the date first above written.

                                                       /s/ Bernard J. Kelley
                                                       -----------------------
                                                       Name: Bernard J. Kelley
                                                       Authorized Person
- 796 - N ebraska S upreme C ourt A dva nc e S 296 N ebraska R eport STATE v . SCHIESSER Cite as 296 Neb. 796



### S tate of 

### N ebraska 

### , appellee 

### , v


### . M i c hael 

### R

. S c hiesser 

### , appe ___ N.W.2d ___ Filed June 2, 2017. No. S-16-115. 

### Petition for further review from the Court of Appeals, I n body 

### , R iedma nn 

### , and B ishop 

### , Judges, on appeal thereto the District Court for Lancaster County, L ori 

### A

. M aret 

### , Judg Judgment of Court of Appeals affirmed. John S. Berry, of Berry Law Firm, for appellant. Douglas J. Peterson, Attorney General, Melissa R. Vincent, and, on brief, George R. Love for appellee. H eavi c a n 

### , C.J., W right 

### , M iller 

### - L erma n 

### , C assel 

### , K el c h 

### , and F u n ke 

### , P er

### C uriam 

### Having reviewed the briefs and record and having heard oral arguments, we conclude on further review that the deci

sion of the Nebraska Court of Appeals in State v. Schiesser , 24 Neb. App. 407, 888 N.W.2d 736 (2016), is correct, and accord

ingly, we affirm the decision of the Court of Appeals which affirmed the judgment of the district court. A ffirmed Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 07/21/2017 08:11 AM CDT
Editorial Note on Part 872
Editorial Note: Nomenclature changes to part 872 appear at 73 FR 35341, June 23, 2008.

§ 872.6855 Manual toothbrush. ( a ) *Identification.* A manual toothbrush is a device composed of a shaft with either natural or synthetic bristles at one end intended to remove adherent plaque and food debris from the teeth to reduce tooth decay.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 872.9. If the device is not labeled or otherwise represented as sterile, it is exempt from the current good manufacturing practice requirements of the quality system regulation in part 820 of this chapter, with the exception of § 820.180, with respect to general requirements concerning records, and § 820.198, with respect to complaint files.
[52 FR 30097, Aug. 12, 1987, as amended at 54 FR 13831, Apr. 5, 1989; 66 FR 38800, July 25, 2001]
p070599.en1.txt INITIAL REVIEW ENGINEERING REPORT PMN: 07-0599 Post-Focus Draft Revision 1 10/16/2007 ENGINEER: Hall \ DTN PV (kg/yr): Revision Notes / Assessment Overview:

SUBMITTER: 3M USE:

OTHER USES:

MSDS: Yes Label: No Gen Eqpt: Respirator:

. Health Effects: TLV/PEL:

CRSS (08/13/2007): Chemical Name: S-H20: g/L @ VP: torr @ MW: %<500 %<1000 Physical State and Misc CRSS Info: Neat: d Mfg: Proc/Form: Page 1p070599.en1.txt End Use: Submitted Data:

Consumer Use: SAT (concerns) (08/14/2007): Related Cases and Related Cases and Misc SAT Info: Migration to groundwater: Negligible PBT rating: P1B2T2 . Health: 2 Dermal, Drinking Water, Inhalation, Fish Ingestion Eco: 3 Water (All releases to water with a CC = 1 ppb)

 OCCUPATIONAL EXPOSURE RATING: 2B NOTES & KEY ASSUMPTIONS: Generated by the 06/07/2005 version of ChemSTEER. Page 2p070599.en1.txt

POLLUTION PREVENTION CONSIDERATIONS: P2 Claim:

EXPOSURE-BASED REVIEW:

 INITIAL REVIEW ENGINEERING REPORT PMN: 07-0599
Number of Sites/ Location: Page 3p070599.en1.txt Days/yr: Basis: Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note:

High End: to: from: basis:

Output 2: to: from: basis:

RELEASE TOTAL

OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: Basis:



Exposure to at concentration High End: Number of workers (all sites) Basis:

Page 4p070599.en1.txt
Exposure to at concentration High End: Number of workers (all sites) Basis:

 INITIAL REVIEW ENGINEERING REPORT PMN: 07-0599
Number of Sites/ Location: Days/yr: Basis:

Page 5p070599.en1.txt Process Description:

ENVIRONMENTAL RELEASES ESTIMATE SUMMARY IRER Note:

High End: to: from: basis:

Output 2: to: from: basis:

Conservative:

to:
basis:

Output 2: to: from: basis:

RELEASE TOTAL Page 6p070599.en1.txt OCCUPATIONAL EXPOSURES ESTIMATE SUMMARY Tot. # of workers exposed via assessed routes: Basis:

Exposure to Low End of Range: High End of Range: Number of workers (all sites) Basis:

 Exposure to at concentration High End: Number of workers (all sites) Basis:

Exposure to at concentration High End: Number of workers (all sites) : Basis:

Page 7p070599.en1.txt Exposure to at concentration High End: Number of workers (all sites) Basis:



CALL BY: Organization: CALL TO: Organization: Date: Time: Phone:

Page 8p070599.en1.txt

-

Page 9
Note to Docket EPA-HQ-OAR-2009-0837

On March 10, 2011, a “Response to Comments on PGVP/AETB Proposed Rule” document was 

placed in Docket EPA-HQ-OAR-2009-0837. On March 22, 2011, a revised “Response to 

Comments on PGVP/AETB Proposed Rule” document replaced the first “Response to 

Comments on PGVP/AETB Proposed Rule” document in the same docket. The only change in 

the new document was the removal of DRAFT from the title on page 1 and the removal of the 

file name on the upper right corner of the Table of Contents page.
EPA Registration Jacket 2749-541 
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*Product ingredient source information may be entitled to confidential treatment*
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______________________________________________________________ 

Page _ is not included in this copy. 

Pages 107 through 108 are not included in this copy. 

_______________________________________________________________ 

The material not included contains the following type of 

information: 

_____ Identity of product inert ingredients. 

_____ Identity of product impurities. 

_____ Description of the product manufacturing process. 

_____ Description of quality control procedures. 

_____ Identity of the source of product ingredients. 

_____ Sales or other commercial/financial information. 

_____ A draft product label. 

__X__ The product confidential statement of formula. 

_____ Information about a pending registration action. 

_____ FIFRA registration data. 

_____ The document is a duplicate of page(s) _______. 

_____ The document is not responsive to the request. 

_____ Proprietary information pertaining to the chemical 

 composition of an inert ingredient provided by the source 

 of the ingredient. 

_____ Attorney-Client Privilege. 

_____ Claimed Confidential by submitter upon submission to the 

 Agency. 

_____ Internal Deliberative Information. 

 

 

* The information not included is generally considered confidential by product 

registrants. If you have any questions, please contact the individual who 

prepared the response to your request. 

_________________________________________________________________ 
109
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7830 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 7830

  To amend the Internal Revenue Code of 1986 to expand the surviving 
spouse filing status to individuals whose spouses have died within the 
                        last five taxable years.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2024

 Mr. Van Drew introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To amend the Internal Revenue Code of 1986 to expand the surviving 
spouse filing status to individuals whose spouses have died within the 
                        last five taxable years.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect American Widows Act of 
2024'' or the ``PAW Act of 2024''.

SEC. 2. SURVIVING SPOUSE DEFINITION EXPANDED.

    (a) In General.--Section 2(a)(1)(A) of the Internal Revenue Code of 
1986 is amended by striking ``two taxable years'' and inserting ``five 
taxable years''.
    (b) Effective Date.--The amendments made by this section shall 
apply to returns filed for taxable years beginning after December 31, 
2023.
                                 <all>
```
QuickLinks
 -- Click here to rapidly navigate through this document
  



 
 

Exhibit 4.8.2    
  


SECOND AMENDMENT TO PREFERRED STOCK RIGHTS AGREEMENT  



        Reference is hereby made to that certain Preferred Stock Rights Agreement (the "Rights Agreement") dated
July 31, 2000, by and between Universal Access Global Holdings Inc., a Delaware corporation (the "Company"), and Wells Fargo Bank
Minnesota, N.A., as Rights Agent ("Rights Agent"). All capitalized terms used but not otherwise defined herein shall have the meaning assigned to them
in the Rights Agreement. 


        The
parties hereby agree as follows: 


        1.    Amendment.    Pursuant to the authority granted to the Company pursuant to Section 27 of the Rights
Agreement, the Rights Agreement is hereby amended as follows: 



        (a)  The
definition of "ACQUIRING PERSON" under Section 1. CERTAIN DEFINITIONS is hereby amended by inserting "(a)" immediately preceding "ACQUIRING PERSON," so that
after amendment it states, "(a) ACQUIRING PERSON," and the letters appearing before each definition thereafter shall be re-lettered in consecutive order, so that after amendment the "(a)"
immediately preceding "ADJUSTMENT FRACTION" becomes "(b)," the "(b)" immediately preceding "AFFILIATE and ASSOCIATE" becomes "(c)" and so on. 


        (b)  The
definition of "BENEFICIAL OWNER" and "BENEFICIALLY OWN" set forth in Section 1(d) is hereby amended by inserting "(1)" immediately after the word "if" and
before the words "the agreement", as each appears in the proviso contained in Section 1(d)(ii)(B); and 


        (c)  The
definition of "BENEFICIAL OWNER" and "BENEFICIALLY OWN" set forth in Section 1(d) is hereby amended by inserting the following at the end of
Section 1(d)(ii)(B): 


"or
(2) the agreement, arrangement or understanding to vote such security is executed in connection with and in furtherance of the shareholder approval of any merger or other acquisition
agreement between the Company and such Person (or one or more of its Affiliates or Associates) if such agreement has been approved by the Board of Directors of the Company prior to there being an
Acquiring Person; or". 




        2.    Miscellaneous.    



        (a)  The
terms and provisions of the Rights Agreement not specifically modified hereby shall remain in full force and effect. Such other provisions shall not be construed to
have been modified, waived, discharged or otherwise altered by this amendment. 


        (b)  This
amendment shall be governed and controlled by the laws of the State of Delaware. 


        (c)  This
amendment may be executed in one or more counterparts, each of which shall be deemed an original. 



1





 

        IN
WITNESS WHEREOF, the undersigned have executed this amendment as of April 7, 2003. 



	Universal Access Global Holdings Inc.	 	Wells Fargo Bank Minnesota, N.A.
	

By:	
 	

/s/  LANCE B. BOXER      
 Name: Lance B. Boxer

Title: President and Chief Executive Officer	
 	

By:	
 	

/s/  NANCY ROSENGREN      
 Name: Nancy Rosengren

Title: Vice President




2









QuickLinks



Exhibit 4.8.2
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.4280 Intraocular pressure measuring device. ( a ) *Identification.* An intraocular pressure measuring device is a manual or AC-powered device intended to measure intraocular pressure. Also included are any devices found by FDA to be substantially equivalent to such devices. Accessories for the device may include calibrators or recorders. The device is intended for use in the diagnosis of glaucoma.
( b ) *Classification.* Class III.
( c ) *Date PMA or notice of completion of PDP is required.* As of May 28, 1976, an approval under section 515 of the act is required before this device may be commercially distributed. See § 886.3.
Editorial Note on Part 886
Editorial Note: Nomenclature changes to part 886 appear at 73 FR 35341, June 23, 2008.

§ 886.1925 Diurnal pattern recorder system. ( a ) *Identification.* A diurnal pattern recorder system is a nonimplantable, prescription device incorporating a telemetric sensor to detect changes in ocular dimension for monitoring diurnal patterns of intraocular pressure (IOP) fluctuations.
( b ) *Classification.* Class II (special controls). The special controls for this device are: ( 1 ) Clinical performance data must demonstrate that the device and all of its components perform as intended under anticipated conditions of use. The following performance characteristics must be demonstrated: ( i ) Ability of the device to detect diurnal changes.
( ii ) Tolerability of the system at the corneoscleral interface in the intended use population.
( 2 ) Nonclinical testing must validate measurements in an appropriate nonclinical testing model to ensure ability to detect changes in intraocular pressure.
( 3 ) Patient-contacting components must be demonstrated to be biocompatible.
( 4 ) Any component that is intended to contact the eye must be demonstrated to be sterile throughout its intended shelf life.
( 5 ) Software verification, validation, and hazard analysis must be performed.
( 6 ) Performance testing must demonstrate the electromagnetic compatibility and electromagnetic interference of the device.
( 7 ) Performance testing must demonstrate electrical safety of the device.
( 8 ) Labeling must include the following: ( i ) Warning against activities and environments that may put the user at greater risk.
( ii ) Specific instructions for the safe use of the device, which includes: ( A ) Description of all device components and instructions for assembling the device;
( B ) Explanations of all available programs and instructions for their use;
( C ) Instructions and explanation of all user-interface components;
( D ) Instructions on all safety features of the device; and
( E ) Instructions for properly maintaining the device.
( iii ) A summary of nonclinical testing information to describe EMC safety considerations.
( iv ) A summary of safety information obtained from clinical testing.
( v ) Patient labeling to convey information regarding appropriate use of device.
[81 FR 34270, May 31, 2016]
<PAGE>
The Board of Directors
GE Global Insurance Holding Corporation:

We consent to  incorporation  by reference in the  registration  statement  (No.
33-80193) on Form S-3 of GE Global Insurance  Holding  Corporation of our report
dated  January 23, 1998,  relating to the  consolidated  statements of financial
position of GE Global  Insurance  Holding  Corporation  and  subsidiaries  as of
December 31, 1997 and 1996, and the related consolidated statements of earnings,
stockholder's  equity  and cash  flows for each of the  years in the  three-year
period ended December 31, 1997, and all related schedules,  which report appears
in the  December  31, 1997,  annual  report on Form 10-K of GE Global  Insurance
Holding Corporation.


                                                           KPMG Peat Marwick LLP


Kansas City, Missouri
March 26, 1998