alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John A. Fitzpatrick, Respondent, *v.*Bernath Krause, Appellant.

Appear by the defendant from a judgment of the Municipal Court, first district, borough, of Manhattan, rendered in favor of the plaintiff.-

Louis S. Finn, for appellant.

McElhinney & Martin, for respondent.

Freedman, P. J.

Assuming, as is claimed by the plaintiff in this action, that he (plaintiff) was the owner of the property taken under the writ of replevin, by the defendant as .marshal of the city in. the ■action of R. Cohen against Feinberg Brothers, while such property was in the apparent possession of the said defendants in the writ, the plaintiff could only maintain this action by a compliance with the provisions of sections 1709, ltTlO of the Code of Civil Procedure, section 1341- of- the Consolidation Act, and section 1428 of the New York Charter. McCarthy v. Ockerman, 154 N. Y. 565. •

The record contains no proof of any such compliance. Judgment must be reversed, new trial ordered, with costs to the appellant to abide the event.

MacLeak and Levewtritt, JJ., concur.

Judgment reversed and new trial ordered, with costs to appellant to abide event.
#### § 62.52 Definitions.

In addition to the definitions in § 62.2 of this part, the following definitions will apply for purposes of this subpart:

The definitions of *Qualifying loans, Commercial loans, Government loans, Educational expenses,* and *Living expenses* as contained in § 62.22 of this part will apply for purposes of this subpart.

*Medically underserved area* means *health manpower shortage area* or an area which has been designated by a State pursuant to standards described in § 62.54(b)(1) of this subpart which the Secretary has deemed acceptable.

*State Loan Repayment Program* or *program* means a State loan repayment program authorized under section 338H (42 U.S.C. 254q-1) of the Act.
#### § 1.483 Disclosure of information to participate in state prescription drug monitoring programs.

Information covered by §§ 1.460 through 1.499 of this part may be disclosed to State Prescription Drug Monitoring Programs pursuant to the limitations set forth in § 1.515 of this part.

[78 FR 9592, Feb. 11, 2013]
#### BALTIMORE & OHIO RAILROAD COMPANY v. THE UNITED STATES.

[57 C. Cls. 140; 261 U.S. 592.]

Judgment was rendered in favor of the- United States in • the court below. On appeal the judgment was *affirmed,*and the Supreme Court decided:

The Dent Act, c. .94, 40 Stat. 1172, was intended to remedy irregu-, larities and informalities in the mode of entering into the agreements to which it relates; not to enlarge the authority of the agents by whom they were made.

The “implied agreement” contemplated by this act is not an agreement “ implied in law ” or *quasi*contract, but an agreement “ implied in fact,” founded on a meeting of minds inferred, as a fact, from conduct of the parties in the light of surrounding. ■....■circumstances.

Findings of fact showing that., the claimant railway company constructed temporary barracks for troops, who were guarding its property as well as that of the Government, and undertook this without any order from their commanding officer, but voluntarily, and without mentioning compensation, apparently from its own desire to provide for the.comfort of the troops, *held*an insufficient basis for implying an agreement that the Government would pay the cost of construction.

Mr. Justice Sanford

delivered the opinion of the Supreme Court April 9, 1923.
§ 10.35 Claim of mother entitled by reason of unmarried status. Claim of a mother for the benefits to which she may be entitled by reason of her unmarried status as outlined in section 202(c) or section 312(c)3 of the Act, as amended, shall be supported by a statement of fact, under oath, of such status, together with one of the following: ( a ) Certified copy of public record of death of the husband.
( b ) Certified copy of court record of divorce decree.
§ 1.514 Disclosure to private physicians and hospitals other than Department of Veterans Affairs. ( a ) When a beneficiary elects to obtain medical attention as a private patient from a private practitioner or in a medical center other than a Department of Veterans Affairs hospital, there may be disclosed to such private practitioner or head of such medical center (Federal, State, municipal, or private), such information as to the medical history, diagnosis, findings, or treatment as is requested, including the loan of original X-ray films, whether Department of Veterans Affairs clinical X-rays or service department entrance and separation X-rays, provided there is also submitted a written authorization from the beneficiary or his or her duly authorized representative. The information will be supplied without charge directly to the private physician or medical center head and not through the beneficiary or representative. In forwarding this information, it will be accompanied by the stipulations that it is released with consent of or on behalf of the patient and that the information will be treated as confidential, as is customary in civilian professional medical practice.
( b ) Such information may be released without charge and without consent of the patient or his or her duly authorized representative when a request for such information is received from: ( 1 ) The superintendent of a State hospital for psychotic patients, a commissioner or head of a State department of mental hygiene, or head of a State, county, or city health department; or
( 2 ) Any fee basis physician or institution in connection with authorized treatment of the veteran as a Department of Veterans Affairs beneficiary; or
( 3 ) Any physician or medical installation treating the veteran under emergency conditions.
[34 FR 13368, Aug. 19, 1969, as amended at 54 FR 34980, Aug. 23, 1989]
###### 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.

#### §§ 11.46-11.48 [Reserved]
§ 380.5 Handling Confidential Information. ( a ) *Definition.* For purposes of this part, “Confidential Information” means the Statements of Account and any information contained therein, including the amount of royalty payments and the number of Performances, and any information pertaining to the Statements of Account reasonably designated as confidential by the party submitting the statement. Confidential Information does not include documents or information that at the time of delivery to the Collective is public knowledge. The party seeking information from the Collective based on a claim that the information sought is a matter of public knowledge shall have the burden of proving to the Collective that the requested information is in the public domain.
( b ) *Use of Confidential Information.* The Collective may not use any Confidential Information for any purpose other than royalty collection and distribution and activities related directly thereto.
( c ) *Disclosure of Confidential Information.* The Collective shall limit access to Confidential Information to: ( 1 ) Those employees, agents, consultants, and independent contractors of the Collective, subject to an appropriate written confidentiality agreement, who are engaged in the collection and distribution of royalty payments hereunder and activities related directly thereto who require access to the Confidential Information for the purpose of performing their duties during the ordinary course of their work;
( 2 ) A Qualified Auditor or outside counsel who is authorized to act on behalf of: ( i ) The Collective with respect to verification of a Licensee's statement of account pursuant to this part; or
( ii ) A Copyright Owner or Performer with respect to the verification of royalty distributions pursuant to this part;
( 3 ) Copyright Owners and Performers, including their designated agents, whose works a Licensee used under the statutory licenses set forth in 17 U.S.C. 112(e) and 114 by the Licensee whose Confidential Information is being supplied, subject to an appropriate written confidentiality agreement, and including those employees, agents, consultants, and independent contractors of such Copyright Owners and Performers and their designated agents, subject to an appropriate written confidentiality agreement, who require access to the Confidential Information to perform their duties during the ordinary course of their work;
( 4 ) Attorneys and other authorized agents of parties to proceedings under 17 U.S.C. 8, 112, 114, acting under an appropriate protective order.
( d ) *Safeguarding Confidential Information.* The Collective and any person authorized to receive Confidential Information from the Collective must implement procedures to safeguard against unauthorized access to or dissemination of Confidential Information using a reasonable standard of care, but no less than the same degree of security that the recipient uses to protect its own Confidential Information or similarly sensitive information.
#### § 1.932 Enforcement policy.

VA may compromise statutory penalties, forfeitures, or claims established as an aid to enforcement and to compel compliance, if VA's enforcement policy in terms of deterrence and securing compliance, present and future, will be adequately served by VA's acceptance of the sum to be agreed upon.

(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720)

[69 FR 62198, Oct. 25, 2004]
I 

110TH CONGRESS 

1ST SESSION H. R. 1991 

To amend title 37, United States Code, to authorize the payment of travel 

costs for members of the Selected Reserve occupying designated specialties when the members attend inactive duty training or a unit training 

assembly necessary for maintaining mission readiness when the training 

or assembly location is outside of the commuting limits of the members’ 

duty stations. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2007 

Mr. TIAHRT introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend title 37, United States Code, to authorize the 

payment of travel costs for members of the Selected 

Reserve occupying designated specialties when the members attend inactive duty training or a unit training 

assembly necessary for maintaining mission readiness 

when the training or assembly location is outside of 

the commuting limits of the members’ duty stations. 

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


sroberts on PROD1PC70 with BILLS
2 

•HR 1991 IH

1 SECTION 1. PAYMENT OF INACTIVE DUTY TRAINING TRAV2 EL COSTS FOR CERTAIN SELECTED RESERVE 

3 MEMBERS. 

4 (a) PAYMENT OF TRAVEL COSTS AUTHORIZED.— 

5 Chapter 7 of title 37, United States Code, is amended by 

6 inserting after section 408 the following new section: 

7 ‘‘§ 408a. Travel and transportation allowances: inac8 tive duty training or unit training assem9 bly outside of commuting distance of 

10 duty station 

11 ‘‘(a) ALLOWANCE AUTHORIZED.—Under regulations 

12 prescribed by the Secretary concerned, if a member of the 

13 Selected Reserve who occupies a specialty designated by 

14 the Secretary for purposes of this section performs inac15 tive duty training or attends a unit training assembly out16 side of the commuting limits of the member’s station for 

17 the purpose of maintaining mission readiness, the Sec18 retary may reimburse the member for travel expenses in 

19 an amount not to exceed $300 for the training or assem20 bly. 

21 ‘‘(b) DURATION OF AUTHORITY.—Reimbursement 

22 may not be provided under this section for travel costs 

23 incurred after December 31, 2013.’’. 

24 (b) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such chapter is amended by inserting 


sroberts on PROD1PC70 with BILLS
3 

•HR 1991 IH

1 after the item relating to section 408 the following new 

2 item: 

‘‘408a. Travel and transportation allowances: inactive duty training or unit 

training assembly outside of commuting distance of duty station.’’. 

Æ 


sroberts on PROD1PC70 with BILLS
###### 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 Part 5

#### Editorial Note:

Nomenclature changes to part 5 appear at 68 FR 14338, Mar. 25, 2003.

#### § 5.18 Arms, ammunition, and implements of war.

(a) The exportation of technical data relating to arms, ammunition, and implements of war generally is subject to the International Traffic in Arms Regulations of the Department of State (22 CFR parts 120 through 130); the articles designated as arms, ammunitions, and implements of war are enumerated in the U.S. Munitions List (22 CFR part 121). However, if a patent applicant complies with regulations issued by the Commissioner for Patents under 35 U.S.C. 184, no separate approval from the Department of State is required unless the applicant seeks to export technical data exceeding that used to support a patent application in a foreign country. This exemption from Department of State regulations is applicable regardless of whether a license from the Commissioner for Patents is required by the provisions of §§ 5.11 and 5.12 (22 CFR part 125).

(b) When a patent application containing subject matter on the Munitions List (22 CFR part 121) is subject to a secrecy order under § 5.2 and a petition is made under § 5.5 for a modification of the secrecy order to permit filing abroad, a separate request to the Department of State for authority to export classified information is not required (22 CFR part 125).

[62 FR 53205, Oct. 10, 1997]

###### 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.
Exhibit 32.2

                            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 Quarterly Report of Tofutti Brands Inc. (the "Company")
on Form 10-QSB/A for the period ending October 1, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Steven
Kass, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.
1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

         (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 condition and result of operations of the
Company.


/s/Steven Kass*
--------------
Steven Kass
Chief Financial Officer

January 20, 2006



* The originally executed copy of this Certification will be maintained at the
Company's offices and will be made available for inspection upon request.
Unassociated Document


    Exhibit
10-12

    


    Astoria
Financial Corporation

    Death
Benefit Plan For Outside Directors

    


    (Effective
January 1, 2009)

    


    AMENDMENT NO.
1

    


    
      	
              1.

            	
              Article
      I C
      Effective January 1, 2009, Section 1.4 shall be amended to read in its
      entirety as follows:

            


    

    


    Section 1.4 Director means any member of the
Board of Directors of any Participating Company  who is neither (i) an
employee of any Participating Company nor (ii) an “Eligible Director” as defined
in the Astoria Federal Saving and Loan Association and Astoria Financial
Corporation Directors’ Retirement Plan.

    


    In Witness
Whereof, this Amendment has been signed by an officer of Astoria Federal
Savings and Loan Association thereunto duly authorized.    

    


    
      
        
          
            
              
                	 	 	
                        Astoria
      Financial Corporation

                      
	 	 	 
	 
      	
                        By

                      	
                          /S/ Alan P.
  Eggleston

                      
	 
      	 
      	
                        Name:

                      	
                        Alan
      P. Eggleston

                      
	 
      	 
      	
                        Title:

                      	
                        Executive
      Vice President, Secretary

                        and
      General Counsel

                      
	 
      	 
      	 
      
	 
      	
                        Date:

                      	
                        December 31,
2008

                      


              

            

          

        

      

    

    


    
      
        
        

      

      
        Page 1 of
1
Exhibit 32.1

CERTIFICATIONS OF CHIEF EXECUTIVE OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT

THE COAST DISTRIBUTION SYSTEM, INC.

Quarterly
Report on Form 10-Q

for the Quarter ended September 30, 2010

The undersigned, who is the Chief Executive Officer of The Coast Distribution System, Inc (the Company), hereby certifies that (i) the Quarterly Report on Form 10-Q for the quarter ended
September 30, 2010, as filed by the Company with the Securities and Exchange Commission (the Quarterly Report), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) and
15(d) of the Exchange Act; and (ii) the information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated: November 15, 2010



/s/ JAMES MUSBACH James MusbachPresident and Chief Executive Officer
 A signed original of this written statement required by Section 906 has
been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
|   | (i) | the      quarterly report of the Company on Form 10-Q for the period ended      December 27, 2008, as filed with the Securities and Exchange Commission      (the “Report”), fully complies with the requirements of Section 13(a) or      15(d), whichever is applicable, of the Securities Exchange Act of 1934,      and |
|--------|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | (ii) | the      information contained in the Report fairly presents, in all material      respects, the financial condition and results of operations of the Company      at the dates and for the periodsindicated. |
|--------|------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  February      4, 2009 |   |   | /s/HENRY C.      PAO                         |
|-----------------------------------------|--------|--------|----------------------------------------------|
|                                    |   |   | Henry      C. Pao, Ph.D.                     |
|                                    |   |   | President      & Chief Executive Officer |
|                                    |   |   | (Principal      Executive Officer)           |

----
41094.

#### STATE HIGHWAY DEPARTMENT v. MOORE et al.

Decided November 12, 1965.

*Eugene Cook, Attorney General, Richard L. Chambers, Horace Campbell, Assistant Attorneys General, Harry*2b *Lawrence, Deputy Assistant Attorney General,*for plaintiff in error.

*H. E. Kinney,*2b *L. Shanahan,*contra.

Felton, Chief Judge.

The Supreme Court on certiorari, in *Moore v. State Hwy. Dept.,*221 Ga. 392 (144 SE2d 747), reversed the judgment of this court which reversed the judgment of the trial court. The judgment of this court reversing the trial court is vacated and the judgment of the trial court overruling the motion for a new trial is affirmed.

*Judgment affirmed.*

*Nichols, P. J., Bell, P. J., Frankum, Jordan, Hall, Eberhardt, Pannell 'and Deen, JJ., concur.*