alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Waslaw Kaminskas *v.*John Hancock Mutual Life Insurance Company.

Maltbie, C. J., Jennings, Ells, Dickenson and Inglis, Js.

Argued October 8

decided November 10, 1942.

*395
      *Harold C. V. Eagan,*for the appellant (defendant).

*Elmer W. Ryan,*with whom, on the brief, was *Leon E. McCarthy,*for the appellee (plaintiff).

Per Curiam.

The plaintiff, the beneficiary named in certain policies of insurance upon the life of his brother, recovered judgment upon them against the defendant, which issued them. He relied upon the presumption of the death of his brother arising out of the latter’s unexplained absence for seven years and more. The sole issue is whether the plaintiff had offered proof sufficient to justify the decision of the trial court in his favor, under the rule in *Potter*v. *Prudential Ins. Co.,*108 Conn. 271, 276, 142 Atl. 891. In order to give rise to the presumption, the circumstances, including the fact that a diligent search has been made, must be such as to justify the trier in drawing an inference that death is the probable reason of the absence. We cannot hold that in this case the trial court could not reasonably draw that inference. The principal claim of the defendant arises out of these facts: In 1930 the brother left Ansonia for Pennsylvania; a few months later the plaintiff received a letter from him from Brooklyn, New York; hearing nothing further, in 1933 he went to Brooklyn, made inquiries, and was told that his brother had come there in the latter part of 1930, but had disappeared; and the plaintiff took no further steps to find him until 1936. The plaintiff’s failure to pursue inquiries more diligently during this period was a circumstance for the consideration of the trial court; but we cannot say that, as matter of law, it was sufficient to invalidate the inference that his continued absence was probably due to death, which must be drawn from a consideration of all the relevant circumstances, includ*396ing a diligent search beginning in 1936. *Fuller*v. *New York Life Ins. Co.,*199 Fed. 897, 898, 118 C. C. A. 227. There is no error.
"

ani, RICHARDSON

Governor

DIANE DENISH

Lieutenant Governor

July 23,2010

NEW MEXICO

ENVIRONMENT DEPARTMENT

Air Quality Bureau

1301 Siler Road, Building B, Santa Fe, NM 87507-3113

Phone (505) 476-4300 Fax (505) 476-4375

www.nrnenv.state.nrn.us

RON CURRY

Secretary

SARAH COITRELL

Deputy Secretary

Mr. Tom Diggs, Associate Director-Air

US EPA Region 6

1445 Ross Avenue

Suite 1200

Mail Code: 6PD

Dallas, TX 75202-2733

Dear Mr. Diggs:

I am writing to clarify our interpretation of the New Mexico Interstate Transport SIP for Implementation of

PM2.

S• In that SIP revision, which we submitted in 2007, we committed to follow the PM10 Surrogate Policy in

place at the time. Because of court rulings and resulting adjustments to EPA guidance, you requested that we

clarify the reference to the State's application of EPA's interim guidance on use of PM IO as a surrogate for

PM2.S•

The New Mexico Environment Department (NMED) requires that applicants include PM2.S modeling and

emissions in PSD and minor source permit applications. New Mexico does not use PMIO as a surrogate for

PM2.S in our permitting programs. The record for the permitting decision includes an explanation of how

PM2.5 emissions have been appropriately analyzed and estimated.

If you have any questions, please feel free to contact me at (505) 476-4301.

Sincerely,

MaryUhl

Bureau Chief
40915.

#### THOMPSON v. HECHT.

Decided October 20, 1964.

*506*M. L. Kahn,*for plaintiff in error.

*Siegel, Lewis •& Williams, Sherwyn E. Syna,*contra.

Felton, Chief Judge.

“It is now the law of this State that if a debtor remits to the creditor a sum of money, less than the amount actually due, upon the condition, either express or implied, that it is in satisfaction of the creditor’s claim, and the latter accepts and retains the money, an accord and satisfaction results, and this is true whether the demand be liquidated or unliquidated, disputed or undisputed.” *Dixie Belle Mills v. Specialty Machine Co.,*217 Ga. 104, 107 (120 SE2d 771); *Rivers v. Cole Corp.,*209 Ga. 406 (73 SE2d 196), adopting the dissent in *Sylvania Electric Products v. Electrical Wholesalers,*198 Ga. 870 (33 SE2d 5); *Motorola &c. Electronics v. South Ga. &c. Co.,*104 Ga. App. 376 (1) (121 SE2d 672). “The reason of this rule is that payment being made upon condition, the acceptance of the payment carries with it the acceptance of the condition.” *Citizens*&c. *Bank v. Union Warehouse &c. Co.,*157 Ga. 434, 453 (122 SE 327). This rule “applies with full force and effect, although the creditor protests at the time that the amount paid is not all that is due, or that he does not accept it in full satisfaction of his claim. Where the tender or offer is thus made, the party to whom it is made has no alternative but to refuse it or accept it upon such condition. If he accepts it, he accepts the condition also, notwithstanding any protest he may make to the contraiy. . . The erasure or alteration of the condition expressed in a check by the creditor, without notice to *and assent by*the debtor, will not prevent its acceptance from constituting an accord and satisfaction, since, if the creditor were allowed to *507accept it for a different purpose than that allowed, it would be to allow him to make a contract with defendants without their knowledge and consent.” (Emphasis supplied.) *Ryan v. Progressive Retailer Publishing Co.,*16 Ga. App. 83, 88, 89 (84 SE 834).

In this case the evidence shows that, although the defendant had notice of the plaintiff’s alteration of the conditional indorsement, he did not assent to it; therefore, under the above authorities, the court was authorized to find that the presentment of the' check for payment constituted an acceptance of the terms of the conditional indorsement. The effect of the indorsement was to cancel the lease as of the end of January, thereby relieving the defendant from liability for rent for the month of February —the last remaining month under the lease agreement. The conduct of the lessor in obliterating the indorsement and cashing the check had the legal effect of acceptance of the terms of the indorsement and amounted to an accord and satisfaction for the total amount of rent owing under the lease.

The Appellate Division of the Civil Court of Fulton County did not err in affirming the judgment of the trial court in favor of the defendant and its judgment overruling the motion for a new trial.

*Judgment affirmed.*

*Frankum and Pannell, JJ., concur.*
<TABLE> <S> <C>

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<NAME> SYSTEMS INSURANCE CORPORATION
       
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<FISCAL-YEAR-END>                          OCT-31-1996
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<RECEIVABLES>                                    1,442
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<CURRENT-ASSETS>                                 2,140
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<CURRENT-LIABILITIES>                           53,099
<BONDS>                                              0
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<COMMON>                                       279,185
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     2,140
<SALES>                                              0
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<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                18,882
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,908
<INCOME-PRETAX>                               (20,790)
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I

104TH CONGRESS

1ST SESSION H. R. 330

To require that excess funds provided for official allowances of Members

of the House of Representatives be dedicated to deficit reduction.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 4, 1995

Mr. MINGE introduced the following bill; which was referred to the Committee

on House Oversight

A BILL

To require that excess funds provided for official allowances

of Members of the House of Representatives be dedicated

to deficit reduction.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REQUIREMENT THAT EXCESS FUNDS PRO4 VIDED FOR OFFICIAL ALLOWANCES OF MEM5 BERS OF THE HOUSE OF REPRESENTATIVES

6 BE DEDICATED TO DEFICIT REDUCTION.

7 Of the funds made available in any appropriation Act

8 for fiscal year 1995 or any succeeding fiscal year for the

9 official expenses allowance, the clerk hire allowance, or the

10 official mail allowance of a Member of the House of Rep-
2

•HR 330 IH

1 resentatives, any amount that remains unobligated at the

2 end of such fiscal year shall be transferred to the Deficit

3 Reduction Fund established by Executive Order 12858

4 (58 Fed. Reg. 42185). Any amount so transferred shall

5 be in addition to the amounts specified in section 2(b) of

6 such order, but shall be subject to the requirements and

7 limitations set forth in sections 2(c) and 3 of such order.

Æ
[Federal Register Volume 74, Number 176 (Monday, September 14, 2009)]
[Notices]
[Page 46975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22045]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

(Docket 20-2009 and 22-2009)


Foreign-Trade Zones 29 and 203, Applications for Subzone 
Authority, Dow Corning Corporation and REC Silicon, Extension of 
Comment Period

    The comment period for the applications for subzone status at the 
Dow Corning Corporation (Dow Corning) facilities in Carrollton, 
Elizabethtown and Shepherdsville, Kentucky (74 FR 21621-21622, 5/8/09) 
and at the REC Silicon facility in Moses Lake, Washington (74 FR 25488-
25489, 5/28/09) is being extended to September 30, 2009 to allow 
interested parties additional time in which to comment. Rebuttal 
comments may be submitted during the subsequent 15-day period, until 
October 15, 2009. Submissions (original and one electronic copy) shall 
be addressed to the Board's Executive Secretary at: Foreign-Trade Zones 
Board, U.S. Department of Commerce, Room 2111, 1401 Constitution Ave. 
NW, Washington, DC 20230.
    For further information, contact Elizabeth Whiteman at <a href="/cdn-cgi/l/email-protection#b4f1d8ddced5d6d1c0dcebe3dcddc0d1d9d5daf4ddc0d59ad0dbd79ad3dbc2"><span class="__cf_email__" data-cfemail="480d242132292a2d3c20171f20213c2d25292608213c29662c272b662f273e">[email protected]</span></a> or (202) 482-0473.

    Dated: September 4, 2009.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E9-22045 Filed 9-11-09; 8:45 am]
BILLING CODE 3510-DS-S


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
### Geology of the Clay Hills area, San Juan County, Utah

By: Thomas E. Mullens

                            https://doi.org/10.3133/b1087H

#### Links

- More information:  **National Geologic Map Database Index Page**                            (html)
-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (6039 pdf)                                                                                                                                     
- Plate:  **Plate 27**                            (4209 pdf)                        
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
#### § 418.200 Requirements for coverage.

To be covered, hospice services must meet the following requirements. They must be reasonable and necessary for the palliation and management of the terminal illness as well as related conditions. The individual must elect hospice care in accordance with § 418.24. A plan of care must be established and periodically reviewed by the attending physician, the medical director, and the interdisciplinary group of the hospice program as set forth in § 418.56. That plan of care must be established before hospice care is provided. The services provided must be consistent with the plan of care. A certification that the individual is terminally ill must be completed as set forth in section § 418.22.

[74 FR 39413, Aug. 6, 2009]
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<TABLE> <S> <C>
                                              
<ARTICLE>                                          5
                                                    
<S>                                                  <C>
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<FISCAL-YEAR-END>                                    Dec-31-1997
<PERIOD-END>                                         Sep-30-1997
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<PAGE>
 
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<SECURITIES-GAINS>                                 (2)
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HomeOffice of the SpokespersonPress Releases...Designation of Targets Linked to Corruption by Dan Gertler in the Democratic Republic of the Congo

# 									Designation of Targets Linked to Corruption by Dan Gertler in the Democratic Republic of the Congo							

Press Statement

Antony J. Blinken, Secretary of State

December 6, 2021

The Department of the Treasury, in consultation with the Department of State, is designating Alain Mukonda for providing support to sanctioned billionaire Dan Gertler as well as 12 entities linked to Mukonda, or companies associated with him, in the Democratic Republic of the Congo and Gibraltar.  These designations are pursuant to Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of serious human rights abuse and corruption around the world.  Corruption allows bad actors to abuse their authority and enrich themselves at the expense of others.  It also fuels instability and conflict, undermines the rule of law, and undercuts efforts to achieve inclusive economic growth.

Under the U.S.-DRC Privileged Partnership for Peace, Prosperity, and Preservation of the Environment, the United States will continue to partner with the Tshisekedi administration and the Congolese people to fight corruption, end impunity, and promote accountability with all tools at our disposal.

For more information on today’s action, please see the Department of the Treasury’s press release.

Tags

Bureau of African AffairsBureau of Democracy, Human Rights, and LaborCorruptionDemocratic Republic of the CongoHuman RightsOffice of the SpokespersonThe Secretary of State

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