alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### NICHOLS & SHEPARD COMPANY, Respondent, v. W. BRYEANS et al., Apellants.

St. Louis Court of Appeals,

June 28, 1910.

SALES: Nichols & Shepard Company v. Bryeans, 116 Mo. App. 693, Followed. The facts and legal points involved in the case at bar being identical with those reported in Nichols & Shepard Company v. Bryeans, 116 Mo. App. 693, the judgment will be affirmed, following the conclusion arrived at in that case.

Appeal from Scott Circuit *Court.*— Hon. *Henry O.*Riley, Judge.

Affirmed.

*A. O. Kingman*and *Russell S Deal*for appellant.

*II. C. O’Bryan*for respondent.

GOODE, J.

This appeal was filed to the October term, 1907, has been continued five times by stipulation of counsel and was not submitted for decision until February 8th of the present year, which facts account for the delay in disposing of it. We have read the heavy abstract and find the appeal should not have been taken; for the facts and legal points involved are identical with those reported in Nichols & Shepard Co. v. Bryeans, 116 Mo. App. 693, 93 S. W. 827. This action was instituted on three notes given for the purchase price of machinery described in the opinion on the former appeal, taken in an action on. another note given for the same machinery. In the decision of that appeal we considered the propositions of law now raised and as *w,e*are satisfied with the conclusions then reached, we will not re-examine the points.

The judgment is affirmed.

All concur.
§ 83.14 How will NIOSH evaluate a petition by a claimant whose dose reconstruction NIOSH could not complete under 42 CFR part 82? ( a ) NIOSH may establish two classes for evaluation, to permit the timely adjudication of the existing cancer claim: ( 1 ) A class of employees defined using the research and analyses already completed in attempting the dose reconstruction for the employee identified in the claimant's petition; and
( 2 ) A class of co-workers similar to the class defined under paragraph (a)(1) of this section, to be defined by NIOSH on the basis of further research and analyses, using the procedures under § 83.13.
( b ) NIOSH will determine the health endangerment criteria for adding the class under paragraph (a)(1) of this section to the Cohort, using the procedures under § 83.13. NIOSH will report to the Board and to petitioner(s) the results of this determination, together with its finding under 42 CFR part 82 that there was insufficient information to complete the dose reconstruction. HHS will consider this finding under 42 CFR part 82 sufficient, without further consideration, to determine that it is not feasible to estimate the levels of radiation doses of individual members of the class with sufficient accuracy.
( c ) NIOSH will evaluate the petition as it may concern a class of co-workers, as described under paragraph (a)(2) of this section, according to the procedures under § 83.13.
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear at 68 FR 14337, Mar. 25, 2003.

#### § 2.7 Fastener recordal fees.

(a) Application fee for recordal of insignia $20.00

(b) Renewal of insignia recordal $20.00

(c) Surcharge for late renewal of insignia recordal $20.00

[61 FR 55223, Oct. 25, 1996]

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.
###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 2 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 6 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 7 is placed in the separate grouping of parts pertaining to trademarks regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 1 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear at 68 FR 14337, Mar. 25, 2003.

#### § 2.183 Requirements for a complete renewal application.

A complete renewal application must include:

(a) A request for renewal of the registration, signed by the registrant or the registrant's representative;

(b) The fee required by § 2.6 for each class;

(c) The additional fee required by § 2.6 for each class if the renewal application is filed during the six-month grace period set forth in section 9(a) of the Act;

(d) If the renewal application covers less than all the goods, services, or classes in the registration, then a list specifying the particular goods, services, or classes to be renewed.

(e) If at least one fee is submitted for a multiple-class registration, but the fee is insufficient to cover all the classes and the class(es) to which the fee(s) should be applied are not specified, the Office will issue a notice requiring either the submission of additional fee(s) or an indication of the class(es) to which the original fee(s) should be applied. Additional fee(s) may be submitted if the requirements of § 2.185 are met. If the required fee(s) are not submitted and the class(es) to which the original fee(s) should be applied are not specified, the Office will presume that the fee(s) cover the classes in ascending order, beginning with the lowest numbered class.

(f) Renewals of registrations issued under a prior classification system will be processed on the basis of that system, unless the registration has been amended to adopt international classification pursuant to § 2.85(e)(3).

[64 FR 48926, Sept. 8, 1999, as amended at 67 FR 79523, Dec. 30, 2002; 73 FR 67775, Nov. 17, 2008; 80 FR 33189, June 11, 2015]

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 3 pertaining to both patents and trademarks is placed in the grouping pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 4 is placed in the separate grouping of parts pertaining to patents regulations.

###### Editorial Note on Subchapter A of Chapter I

#### Editorial Note:

Part 5 is placed in the separate grouping of parts pertaining to patents regulations.
§ 68.9 What loans qualify for repayment? The NIH LRPs will repay participants' lenders the principal, interest, and related expenses of qualified U.S. Government and commercial educational loans obtained by participants for the following: ( a ) Undergraduate, graduate, and health professional school tuition expenses;
( b ) Other reasonable educational expenses required by the school(s) attended, including fees, books, supplies, educational equipment and materials, and laboratory expenses; and
( c ) Reasonable living expenses, including the cost of room and board, transportation and commuting costs, and other living expenses, as determined by the NIH.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
Shelter Properties VI Limited Partnership 1998 First Quarter 10-QSB and 
is qualified in its entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000730013         
<NAME> SHELTER PROPERTIES VI LIMITED PARTNERSHIP
<MULTIPLIER> 1,000     
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1998
<PERIOD-END>                               JAN-31-1998   
<CASH>                                           2,724
<SECURITIES>                                         0
<RECEIVABLES>                                      825
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          52,307
<DEPRECIATION>                                (25,244)   
<TOTAL-ASSETS>                                  32,774   
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                         26,636     
<PREFERRED-MANDATORY>                                0     
<PREFERRED>                                          0  
<COMMON>                                             0
<OTHER-SE>                                       4,940    
<TOTAL-LIABILITY-AND-EQUITY>                    32,774    
<SALES>                                              0
<TOTAL-REVENUES>                                 2,513    
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 2,411    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 608    
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       102     
<EPS-PRIMARY>                                     2.39<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        


</TABLE>
#### § 353.3 Procedure on rehearing.

Upon receipt of a motion for rehearing, the Copyright Royalty Judges will issue an appropriate order. No participant shall file a response to a rehearing motion, unless such response is allowed by order of the Copyright Royalty Judges.

[70 FR 30905, May 31, 2005, as amended at 71 FR 53330, Sept. 11, 2006]
§ 493.835 Standard; Syphilis serology. ( a ) Failure to attain an overall testing event score of at least 80 percent is unsatisfactory performance.
( b ) Failure to participate in a testing event is unsatisfactory performance and results in a score of 0 for the testing event. Consideration may be given to those laboratories failing to participate in a testing event only if— ( 1 ) Patient testing was suspended during the time frame allotted for testing and reporting proficiency testing results;
( 2 ) The laboratory notifies the inspecting agency and the proficiency testing program within the time frame for submitting proficiency testing results of the suspension of patient testing and the circumstances associated with failure to perform tests on proficiency testing samples; and
( 3 ) The laboratory participated in the previous two proficiency testing events.
( c ) Failure to return proficiency testing results to the proficiency testing program within the time frame specified by the program is unsatisfactory performance and results in a score of 0 for the testing event.
( d ) ( 1 ) For any unsatisfactory testing event for reasons other than a failure to participate, the laboratory must undertake appropriate training and employ the technical assistance necessary to correct problems associated with a proficiency testing failure.
( 2 ) For any unacceptable testing event score, remedial action must be taken and documented, and the documentation must be maintained by the laboratory for two years from the date of participation in the proficiency testing event.
( e ) Failure to achieve an overall testing event score of satisfactory performance for two consecutive testing events or two out of three consecutive testing events is unsuccessful performance.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                       1,511,430
<SECURITIES>                                         0
<RECEIVABLES>                                3,026,394
<ALLOWANCES>                                   179,000
<INVENTORY>                                    390,156
<CURRENT-ASSETS>                             6,294,367
<PP&E>                                      21,468,755
<DEPRECIATION>                               6,367,954
<TOTAL-ASSETS>                              26,165,264
<CURRENT-LIABILITIES>                        5,474,488
<BONDS>                                     15,596,441
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        82,485
<OTHER-SE>                                   4,830,102
<TOTAL-LIABILITY-AND-EQUITY>                26,165,264
<SALES>                                      1,420,408
<TOTAL-REVENUES>                            10,472,901
<CGS>                                        1,063,273
<TOTAL-COSTS>                                1,063,273
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             613,341
<INCOME-PRETAX>                                168,424
<INCOME-TAX>                                    11,700
<INCOME-CONTINUING>                            156,724
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   156,724
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AND STATEMENT OF OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                             822
<SECURITIES>                                        51
<RECEIVABLES>                                    2,512
<ALLOWANCES>                                     (410)
<INVENTORY>                                      7,348
<CURRENT-ASSETS>                                10,932
<PP&E>                                           8,843
<DEPRECIATION>                                 (7,855)
<TOTAL-ASSETS>                                  24,234
<CURRENT-LIABILITIES>                           22,505
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        99,940
<OTHER-SE>                                       3,000
<TOTAL-LIABILITY-AND-EQUITY>                    24,234
<SALES>                                            353
<TOTAL-REVENUES>                                   609
<CGS>                                            1,053
<TOTAL-COSTS>                                    1,355
<OTHER-EXPENSES>                                 4,134
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 271
<INCOME-PRETAX>                                (5,270)
<INCOME-TAX>                                        41
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,311)
<EPS-BASIC>                                     (0.06)
<EPS-DILUTED>                                   (0.06)


</TABLE>
§ 63.3 What is the purpose of traineeships? The purpose of an NIH research traineeship is to provide support for financial subsistence to an individual during a period in which the awardee is acquiring training in: ( a ) Basic and/or clinical biomedical or behavioral research relating to human health, including extending healthy life and reducing the burdens of illness, or
( b ) Medical library science or related fields pertaining to sciences related to health or the communication of health sciences information.
Traineeships are intended to make available in the United States an increased number of persons having special competence in these research fields through developmental training and practical research experience in the facilities of NIH, with supplemental training at other qualified institutions (see § 63.8(a)).
<PAGE>   1
-------------------------------------------------------------------------------

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

EXHIBIT 11

STATEMENT RE: COMPUTATION OF EARNINGS PER SHARE

<TABLE>
<CAPTION>
                                                           FOR THE THREE MONTHS        
                                                              ENDED MARCH 30           
                                                           1997             1996       
                                                     ----------------------------------
<S>                                                        <C>              <C>        
PRIMARY:
Average shares outstanding                                  9,294,782        9,296,006 
Net effect of options                                          14,771              170
                                                     ----------------------------------
Total                                                       9,309,553        9,296,176 
                                                     ==================================

Net income                                                 $3,242,000       $2,833,000 
                                                     ==================================
Earnings per share                                              $0.35            $0.30 
                                                     ==================================

FULLY DILUTED:
Average shares outstanding                                  9,274,782        9,296,006
Net effect of options                                          20,376              170 
                                                     ----------------------------------
Total                                                       9,315,158        9,296,176 
                                                     ==================================

Net income                                                 $3,242,000       $2,833,000 
                                                     ==================================
Earnings per share                                              $0.35            $0.30
                                                     ==================================
</TABLE>
#### § 488.1120 Survey teams.

Standard surveys conducted by more than one surveyor must be conducted by a multidisciplinary team of professionals typically involved in hospice care and identified as professionals providing hospice core services at § 418.64 of this chapter. The multidisciplinary team must include a registered nurse. Surveys conducted by a single surveyor, must be conducted by a registered nurse.
§ 8.1 Scope. ( a ) *Scope.* This subpart and subparts B through D of this part establish the procedures by which the Secretary of Health and Human Services (the Secretary) will determine whether an applicant seeking to become an Opioid Treatment Program (OTP) is qualified under section 303(h) of the Controlled Substances Act (CSA) (21 U.S.C. 823(h)) to dispense Medications for Opioid Use Disorder (MOUD) in the treatment of Opioid Use Disorder (OUD), and establishes the Secretary's standards regarding the appropriate quantities of MOUD that may be provided for unsupervised use by individuals undergoing such treatment (21 U.S.C. 823(h)). Under this subpart and subparts B through D, an applicant seeking to become an OTP must first obtain from the Secretary or, by delegation, from the Assistant Secretary for Mental Health and Substance Use, a certification that the applicant is qualified under the Secretary's standards and will comply with such standards. Eligibility for certification will depend upon the applicant obtaining accreditation from an Accreditation Body that has been approved by the Secretary. This subpart and subparts B through D also establish the procedures whereby an entity can apply to become an approved Accreditation Body, and the requirements and general standards for Accreditation Bodies to ensure that OTPs are consistently evaluated for compliance with the Secretary's standards for treatment of OUD with MOUD.
( b ) *Severability.* Any provision of this part held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, or stayed pending further agency action, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be severable from this part and shall not affect the remainder thereof or the application of the provision to persons not similarly situated or to dissimilar circumstances.