alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Matter of the Accounting of William G. McCormick, as Executor, Etc., of William H. Martin, Deceased.

(Surrogate’s Court, New York County,

May, 1899.)

Trusts — Accounting — Statute of Limitations does not run unless trustee renounces.

Unless a testamentary trustee' distinctly repudiates that relationship and clearly conveys such repudiation to the beneficiary, mere lapse of time will not preclude the beneficiary from compelling the trustee to account.

Proceedings upon an accounting.

John N. Johnson, for petitioner.

Abner C. Thomas, for executor,

Varnum, S.

The application herein was heard by Surrogate Arnold, and it has since been stipulated that the questions involved be decided by me.- The prayer of the petition is that the respondent be directed to account “ as executor and trustee.” It appears. that a decree judicially settling the accounts of respondent, as executor, was made by this court, in 1870. While a general allegation of fraud is now made, no evidence to substantiate such allegation is submitted. There is no valid reason given why this decree should not be permitted to stand. Matter of Tilden, 98 N. Y. 434. The sole question that remains is as to the liability of the respond- ■ ent to account as testamentary trustee. It is contended that even if such an obligation exists, thé present petition is fatally .defective in that it does not comply with the requirements of sections 2804 and 2806 of the Code'of Civil Procedure. Those sections contain the provisions applicable to proceedings by a beneficiary to compel a trustee to pay over money or deliver personal property. The petition herein asks for an accounting only, and, therefore, comes directly under sections -2807 and 2808, the requirements of which appear to have been followed. It is urged that the Statute of Limitations has run against the petitioner. A certain portion of the trust éstate became payable to the petitioner upon the death of a life beneficiary in 1897, and, hence, as to.this portion no question *417of limitation can be raised. The remainder of the trust funds became payable at the majority of the petitioner, in 1873. The statute does not run between the beneficiary and trustee of an express trust, such as was created by the will of the decedent, unless there has been a distinct disavowal or repudiation of the relationship by the trustee, clearly and unmistakably conveyed to the *cestui que trust.*27 Am. *&*Eng. Ency. of Law, p. 100; Kane v. Bloodgood, 7 Johns. Ch. 90. Respondent avers that he-did expressly repudiate the trust, and explains various payments made to the beneficiary during the last twenty years by characterizing them as gifts. From the evidence before me, however, I cannot find that these and other allegations of the respondent establish that the trustee assumed such an antagonistic attitude towards the beneficiary as to cause the statue now invoked to be set in operation. Respondent will be ordered to account as testamentary trustee.

Decreed accordingly.
# Alpha-Numeric HCPCS    

## Pages in this section**

    -  Healthcare Common Procedure Coding System (HCPCS) 
      -  HCPCS Coding Procedures 
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As of April 2020, the Alpha-Numeric HCPCS File is a quarterly file. Please see the HCPCS Quarterly Update webpage for those updates. These files contain the Level II alphanumeric HCPCS procedure and modifier codes, their long and short descriptions, and applicable Medicare administrative, coverage and pricing data. See list below.

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#### § 14.626 Purpose.

The purpose of the regulation of representatives, agents, attorneys, and other individuals is to ensure that claimants for Department of Veterans Affairs (VA) benefits have responsible, qualified representation in the preparation, presentation, and prosecution of claims for veterans' benefits.

[73 FR 29870, May 22, 2008]
§ 486.303 Requirements for certification. In order to be certified as a qualified organ procurement organization, an organ procurement organization must: ( a ) Have received a grant under 42 U.S.C. 273(a) or have been certified or re-certified by the Secretary within the previous 4 years as being a qualified OPO.
( b ) Be a non-profit entity that is exempt from Federal income taxation under section 501 of the Internal Revenue Code of 1986.
( c ) Have accounting and other fiscal procedures necessary to assure the fiscal stability of the organization, including procedures to obtain payment for kidneys and non-renal organs provided to transplant hospitals.
( d ) Have an agreement with CMS, as the Secretary's designated representative, to be reimbursed under title XVIII for the procurement of kidneys.
( e ) Have been re-certified as an OPO under the Medicare program from January 1, 2002 through December 31, 2005.
( f ) Have procedures to obtain payment for non-renal organs provided to transplant centers.
( g ) Agree to enter into an agreement with any hospital or critical access hospital in the OPO's service area, including a transplant hospital that requests an agreement.
( h ) Meet the conditions for coverage for organ procurement organizations, which include both outcome and process performance measures.
( i ) Meet the provisions of titles XI, XVIII, and XIX of the Act, section 371(b) of the Public Health Services Act, and any other applicable Federal regulations.
HomeOffice of the SpokespersonPublic Schedule...Public Schedule – May 17, 2021

# 									Public Schedule – May 17, 2021							

Public Schedule

Office of the Spokesperson

May 16, 2021

*****THE DAILY PUBLIC SCHEDULE IS SUBJECT TO CHANGE*****

 

**SECRETARY ANTONY J. BLINKEN**

Secretary Blinken is on travel to Copenhagen, Reykjavik, and Kangerlussuaq, from May 16-20, 2021.  Please click here for more information.

**9:00 a.m. LOCAL**Secretary Blinken meets with Danish Prime Minister Mette Frederiksen, in Copenhagen, Denmark.**(POOLED CAMERA SPRAY ON ARRIVAL)**

**10:30 a.m. LOCAL**Secretary Blinken has an audience with Her Majesty Queen Margrethe II and His Royal Highness Crown Prince Frederik of Denmark, in Copenhagen, Denmark.**(POOLED CAMERA SPRAY AT TOP)**

**11:00 a.m. LOCAL**Secretary Blinken meets with Danish Foreign Minister Jeppe Kofod, Faroese Minister of Foreign Affairs and Culture Jenis av Rana, and Greenlandic Minister of Foreign Affairs, Business, Trade, and Climate Pele Broberg, in Copenhagen, Denmark.**(POOLED CAMERA SPRAY ON ARRIVAL)**

**11:45 a.m. LOCAL**Secretary Blinken meets with Danish Foreign Minister Jeppe Kofod, in Copenhagen, Denmark.**(CLOSED PRESS COVERAGE)**

**1:15 p.m. LOCAL**Secretary Blinken holds a joint press availability with Danish Foreign Minister Jeppe Kofod, in Copenhagen, Denmark.**(POOLED PRESS COVERAGE)**

**1:50 p.m. LOCAL**Secretary Blinken tours the Quantum Materials Lab at the University of Copenhagen, in Copenhagen, Denmark.**(POOLED CAMERA SPRAY)**

**5:00 p.m. LOCAL**Secretary Blinken participates in a U.S. Embassy Copenhagen Meet and Greet, in Copenhagen, Denmark.**(POOLED PRESS COVERAGE FOR OPENING REMARKS)**

**DEPUTY SECRETARY WENDY R. SHERMAN**Deputy Secretary Sherman attends meetings and briefings, from the Department of State.

**DEPUTY SECRETARY FOR MANAGEMENT AND RESOURCES BRIAN P. MCKEON**

Deputy Secretary McKeon attends meetings and briefings, from the Department of State.

**UNDER SECRETARY FOR POLITICAL AFFAIRS VICTORIA J. NULAND**

Under Secretary Nuland attends meetings and briefings, from the Department of State.

**ACTING ASSISTANT SECRETARY FOR EUROPEAN AND EURASIAN AFFAIRS PHILIP T. REEKER**

Acting Assistant Secretary Reeker accompanies Secretary Blinken to Copenhagen, Reykjavik, and Kangerlussuaq, from May 16-20, 2021.  Please click here for more information.

**SPECIAL PRESIDENTIAL ENVOY FOR CLIMATE JOHN KERRY**

Special Presidential Envoy Kerry is on travel to Rome, London, and Berlin, May 13-19, 2021. Please click here for more information.

**BRIEFING SCHEDULE**

No Department Press Briefing

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Office of the SpokespersonThe Secretary of State

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<TABLE> <S> <C>

      <ARTICLE> 5
      <LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
REGISTRANT'S QUARTERLY FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
      </LEGEND>

      <S>                                            <C>
      <PERIOD-TYPE>                                 6-MOS
      <FISCAL-YEAR-END>                          JAN-03-1999
      <PERIOD-END>                               JUN-30-1999
      <CASH>                                          27,613
      <SECURITIES>                                         0
      <RECEIVABLES>                                    7,777
      <ALLOWANCES>                                    87,185
      <INVENTORY>                                          0
      <CURRENT-ASSETS>                               128,481
      <PP&E>                                         659,686
      <DEPRECIATION>                                  54,557
      <TOTAL-ASSETS>                                 860,232
      <CURRENT-LIABILITIES>                          586,491
      <BONDS>                                              0
      <PREFERRED-MANDATORY>                                0
      <PREFERRED>                                          0
      <COMMON>                                     4,456,457
      <OTHER-SE>                                 (5,056,855)
      <TOTAL-LIABILITY-AND-EQUITY>                   860,232
      <SALES>                                        262,665
      <TOTAL-REVENUES>                               363,174
      <CGS>                                          242,591
      <TOTAL-COSTS>                                  406,606
      <OTHER-EXPENSES>                                16,121
      <LOSS-PROVISION>                                     0
      <INTEREST-EXPENSE>                                   0
      <INCOME-PRETAX>                               (59,553)
      <INCOME-TAX>                                         0
      <INCOME-CONTINUING>                           (59,553)
      <DISCONTINUED>                                       0
      <EXTRAORDINARY>                                      0
      <CHANGES>                                            0
      <NET-INCOME>                                  (59,553)
      <EPS-BASIC>                                    (.01)
      <EPS-DILUTED>                                    (.01)


</TABLE>
§ 63a.10 How may training grant funds be spent? ( a ) *Authorized expenditures; general.* A grantee shall expend funds it receives under this part solely in accordance with the approved application and budget, the regulations of this part, the terms and conditions of the grant award, and the applicable cost principles in 45 CFR part 75, subpart E.
( b ) *Authorized categories of expenditures.* Subject to any limitations imposed in the approved application and budget or as a condition of the award, grant funds may be expended for the following costs: ( 1 ) Expenses of the grantee in providing training and instruction under the particular program, including salaries of faculty and support personnel, and the costs of equipment and supplies;
( 2 ) Stipends and allowances to individuals during the period of their training and instruction; and,
( 3 ) If separately justified and authorized under the particular program, tuition, fees, and trainee travel expenses which are necessary to carry out the purpose of the training grant.
( c ) *Expenditures not authorized.* Grant funds may not be expended for: ( 1 ) Compensation for employment or for the performance of personal services by individuals receiving training and instruction; or
( 2 ) Payments to any individual who does not meet the minimum qualifications for training and instruction established by the grantee and approved by the Secretary or who has failed to demonstrate satisfactory participation in the training in accordance with the usual standards and procedures of the grantee.
[61 FR 55111, Oct. 24, 1996, as amended at 81 FR 3009, Jan. 20, 2016]
###### 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 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.

#### § 41.122 Oppositions and replies.

(a) Oppositions and replies must comply with the content requirements for motions and must include a statement identifying material facts in dispute. Any material fact not specifically denied shall be considered admitted.

(b) All arguments for the relief requested in a motion must be made in the motion. A reply may only respond to arguments raised in the corresponding opposition.
#### JOHN NETTLE v. FLOUR CITY ORNAMENTAL IRON WORKS and Another.1

July 10, 1914.

Nos. 18,659-(195).

Master liable to servant for foreman’s act.

Defendant master *held*liable for injury from blow of its foreman, although he struck plaintiff while stopping a fight between plaintiff and another workman. [Reporter.]

Action in the district court for Hennepin county against the Flour City Ornamental Iron Works and Frederick Johnson, to recover $5,000 for personal injury received while in the employ of defendant company. The action was tried before Hale, J., and a jury which returned a verdict for $750 in favor of plaintiff. From an order denying their motion for a new trial, defendants appealed.

Affirmed.

*A. B. Darelius,*for appellants.

*J. M. Bearnes,*for respondent.

1

 Reported in 148 N. W. 43.

Per Curiam.

The defendant corporation operated a large manufacturing plant. The í defendant Johnson was the foreman in charge. Plaintiff, employed therein, got into an altercation with another employee of inferior physique and “dropped him.” Whereupon the latter complained to the foreman. The foreman, accom*531panied by the complainant, went to plaintiff. A fresh affray started between) the two and the foreman was obliged to chastise both in order to stop the fight. In the m§lée he struck plaintiff. Plaintiff claimed that as a result he lost, three teeth on the spot, and four were so loosened that they, soon thereafter,, dropped out. Nevertheless, he continued to work that day and for a year' thereafter, without making any complaint and without seeking any medical! aid; and then he started this action for damages, resulting in a verdict for $750. No one can read the record without feeling that plaintiff’s testimony as to his injuries and suffering is overdrawn, and also that, as far as natural justice is concerned, he had something coming from the foreman in the way of punishment. But, on the other hand, it is clear that the' blow struck by the foreman was such that a jury might well find in it the use of excessive force, even though it was given in an effort to quell a disturbance which it was his right and duty to stop. If so, he was liable. There can be no doubt that the evidence is ample to sustain the claim that the corporation must shoulder responsibility for the foreman’s act in the premises. It surely was within the scope of his duties to preserve order in the factory. The only doubt is concerning the amount of the verdict. A smaller verdict would have met with a readier approval. But the opinion of the majority is that -this court should not disturb the verdict rendered, inasmuch as the trial court has seen fit to let it stand.

Order affirmed.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6495

DAVID L. BURGESS, II, Petitioner - Appellant, versus MICHAEL MOORE, Director; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Florence. Dennis W. Shedd, District Judge. (CA-99-99-4-19) Submitted: August 18, 2000 Decided: September 12, 2000 Before WILKINS and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. David L. Burgess, II, Appellant Pro Se. Donald John Zelenka, Chief Deputy Attorney General, William Edgar Salter, III, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate ofappealability and dismiss the appeal on the reasoning of the district court. See Burgess v. Moore , No. CA-99-99-4-19 (D.S.C. Mar. 27, 2000). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
EXHIBIT 10.4.1


 


FIRST AMENDMENT TO

CATHAY BANCORP, INC. 

EQUITY INCENTIVE PLAN


 


The
Cathay Bancorp, Inc. Equity Incentive Plan (the “Plan”), adopted in 1998,
provided in Section 3(a) of the Plan, that the total number of shares of
Common Stock of the Company reserved and available for issuance pursuant to
Awards under the Plan would be 1,075,000. 
Pursuant to the provisions of Section 3(b) of the Plan, that number
was adjusted to 2,150,000 shares of Common Stock as a result of a 2-for-1 stock
split effective May 9, 2002.


 


The
purpose of this First Amendment to the Plan is to increase to 3,500,000 the
number of shares available for issuance pursuant to awards under the Plan.  Terms used in this First Amendment to the
Plan and not otherwise defined shall have the meanings specified in the Plan.


 


AMENDMENT


 


Pursuant
to Section 9 of the Plan, Section 3(a) is hereby amended in its
entirety to read as follows:


 


“Number
of Shares.  The total number of shares
of Stock reserved and available for issuance pursuant to Awards under this Plan
shall be 3,500,000 shares.  Such shares
may consist, in whole or in part, of authorized and unissued shares or treasury
shares or shares reacquired in private transactions or open market purchases,
but all shares issued under the Plan, regardless of source, shall be counted
against the 3,500,000 share limitation. 
If any Option terminates or expires without being exercised in full or
if any shares of Stock subject to an Award are forfeited, or if an Award
otherwise terminates without a payment being made to the participant in the
form of Stock, the shares issuable under such Option or Award shall again be
available for issuance in connection with Awards.  Any Award under this Plan shall be governed by the terms of the
Plan and any applicable Award Agreement.”


 


The
First Amendment to the Plan was adopted by the Company’s board of directors on
June 19, 2003 and approved by the Company’s stockholders on
September 17, 2003.
Editorial Note on Part 84
Editorial Note: Nomenclature changes to part 84 appear at 69 FR 18803, Apr. 9, 2004.

§ 84.132 Breathing tubes; minimum requirements. Flexible breathing tubes used in conjunction with supplied-air respirators shall be designed and constructed to prevent: ( a ) Restriction of free head movement;
( b ) Disturbance of the fit of facepieces, mouthpieces, hoods, or helmets;
( c ) Interference with the wearer's activities; and
( d ) Shutoff of airflow due to kinking, or from chin or arm pressure.
EXHIBIT 13.1



|CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
|-------------------------------------------------
|AS ADOPTED PURSUANT TO                           
|SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002    



In connection with the Annual Report of
Vision Marine Technologies Inc. on Form 20-F for the fiscal year ended August 31, 2020 filed with the Securities and Exchange Commission
on the date hereof (the “Report”), the undersigned hereby certify that to the best of our knowledge:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                                   
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|   |                                                                                                                                                                         
|2. | The information contained in the Report fairly presents, in all material respects, the financial conditions and results of operations of Vision Marine Technologies Inc.



|Date: December 30, 2020 | /s/ Alexandre Mongeon                                          | 
|----------------------- | -------------------------------------------------------------- | 
|                        | Name: Alexandre Mongeon                                        | 
|                        | Title: Chief Executive Officer                                 | 
|                        | (Principal Executive Officer)                                  | 
|                        |                                                                | 
|Date: December 30, 2020 | /s/ Kulwant Sandher                                            | 
|                        | Name: Kulwant Sandher                                          | 
|                        | Title: Chief Financial Officer                                 | 
|                        | (Principal Financial Officer and Principal Accounting Officer) | 



This written statement accompanies the
Annual Report on Form 20-F in which it appears as an Exhibit pursuant to Section 906 of the U.S. Sarbanes-Oxley Act of 2002 and
shall not, except to the extent required by the U.S. Sarbanes-Oxley Act of 2002 or other applicable law, be deemed filed by Vision
Marine Technologies Inc. for purposes of Section 18 of the U.S. Securities Exchange Act of 1934, as amended.
#### § 56.114 Applicability of 45 CFR part 75.

The provisions of 45 CFR part 75, establishing uniform administrative requirements and cost principles, shall apply to all grants under this part.

[80 FR 3008, Jan. 20, 2016]