alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 39.34 Application requirements. ( a ) For an Establishment, Expansion, and Improvement Project to be considered for grant funding under this subpart, the State or Tribal Organization must submit an application (as opposed to a preapplication) consisting of the following: ( 1 ) Standard Form 424 (Application for Federal Assistance) with the box labeled “application” marked;
( 2 ) Standard Form 424C (Budget Information), which documents the amount of funds requested based on the construction costs as estimated by the successful construction bid;
( 3 ) A copy of itemized bid tabulations (If there are non-VA participating areas, these shall be itemized separately.); and
( 4 ) Standard Form 424D (Assurances—Construction Program).
( 5 ) VA Form 40-0895-11 (Memorandum of Agreement for a Grant to Construct or Modify a State or Tribal Government Veterans Cemetery) to identify the parties (VA and applicant), identify the scope of the project, and indicate how the grant award funds will be paid to the applicant.
( 6 ) VA Form 40-0895-12 (Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions (Contractor)) to ensure that the contractor has not been debarred or suspended, and is eligible to participate in the VA grant process and receive Federal funds.
( b ) Prior to submission of the application, the State or Tribal Organization must submit a copy of an Environmental Assessment to determine if an Environmental Impact Statement is necessary for compliance with section 102(2)(C) of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4332). The Environmental Assessment must briefly describe the project's possible beneficial and harmful effects on the following impact categories: ( 1 ) Transportation;
( 2 ) Air quality;
( 3 ) Noise;
( 4 ) Solid waste;
( 5 ) Utilities;
( 6 ) Geology (Soils/Hydrology/Floodplains);
( 7 ) Water quality;
( 8 ) Land use;
( 9 ) Vegetation, Wildlife, Aquatic, Ecology/Wetlands, etc.;
( 10 ) Economic activities;
( 11 ) Cultural resources;
( 12 ) Aesthetics;
( 13 ) Residential population;
( 14 ) Community services and facilities;
( 15 ) Community plans and projects; and
( 16 ) Other.
( c ) If an adverse environmental impact is anticipated, the State or Tribal Organization must explain what action will be taken to minimize the impact. The assessment shall comply with the requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 *et seq.*).
(The Office of Management and Budget has approved the information collection requirements in this section under control numbers 4040-0004, 4040-0008, 4040-0009, and 2900-0559) (Authority: 38 U.S.C. 501, 2408)
[75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012]
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

November 29, 2005 Clifford W. Taylor, Chief Justice
129494 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 129494 COA: 263122 St. Clair CC: 04-000874-FC BRIAN WAYNE STOCKS, SR., Defendant-Appellant.

________________ _______________ __________/

On order of the Court, th e application for leave to appeal the August 12, 2005 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1 ), in lieu of granting leave to appeal, we REMAND th is case to the Court of Appeals for consideration, as on leave gran ted, of defendant’s challenge to the scoring of offense variable 1, MCL 777.31.

p1121 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

November 29, 2005

Clerk
# United States Court of Appeals For the Eighth Circuit

___________________________

No. 20-2285

___________________________ Jet Midwest International Co., Ltd

Plaintiff Appellee
v. Jet Midwest Group, LLC; Paul Kraus; Karen Kraus Defendant s F. Paul Ohadi, in his capacity as trustee and legal representative of the F. Paul Ohadi Trust dated December 15, 1999 and in his individual capacity; F. Paul Ohadi Trust, dated December 15, 1999; Kenneth M. Woolley Defendants Appellants Jet Midwest Inc.

Defendant KMW Business Jets, LLC; Alta Airlines Holdings, LLC

Defendants Appellants

____________ Appeal from United States District Court for the Western District of Missouri - St. Joseph

____________Submitted: January 11, 2022 Filed: March 15, 2023 [Unpublished]

____________ Before SMITH, Chief Judge, COLLOTON and ERICKSON, Circuit Judges.

____________ PER CURIAM. F. Paul Ohadi, as Trustee of F. Paul Ohadi Trust dated December 15, 1999, and in his individual capacity; Kenneth M. Woolley; KMW Business Jets, LLC; and Alta Airlines Holdings, LLC appeal the district court’s 1 entry of judgment in favor of Jet Midwest International Co., Ltd on its fraudulent transfer claim, following a bench trial. After careful review of the record and the parties’ arguments on appeal, we find no basis for reversal. See Muhammad v. Mayfield , 933 F.3d 993, 1000 (8th Cir. 2019) (reviewing factual findings for clear error and legal conclusions de novo for appeal from bench trial)

. Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

1 The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri. -2-
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41178 Conference Calendar

IN RE: MARION HODGE; WAYNE HODGE, Movants-Appellants.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas

USDC No. 1:98-MC-44

- - - - - - - - - - June 17, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM: * Wayne Hodge and Marion Hodge purport to appeal the district court’s denial of their motion for leave to file a complaint, asserting their rights as “true heirs” of Pelham Humphries to the land, oil, minerals, and mineral rights of 4428 acres of land in Jefferson County, Texas, known as the “Pelham Humphries Survey.” We must examine the basis of our jurisdiction sua sponte if
necessary. See Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). A “multiparty pro se notice of appeal [is] not effective as to any of the pro se parties that did not sign the [notice of] appeal.” Carter v. Stalder , 60 F.3d 238, 239 (5th Cir. 1995)No. 98-41178 -2- (citing Mikeska v. Collins , 928 F.2d 126, 126 (5th Cir. 1991)).

The notice of appeal, signed only by Wayne Hodge is not sufficient to bring before this court the appeal of Marion Hodge. See Mikeska , 928 F.2d at 126 (notice signed by only one pro se party not sufficient to bring appeals of three other pro se parties before this court). Accordingly, we DISMISS Marion Hodge’s appeal for lack of jurisdiction. Wayne Hodge contends that the district court erred in denying his motion for leave to file a complaint. He asserts that the limitations bar to his lawsuit is inapplicable because the judgments were obtained by fraud on the court, which was not discovered previously. He contends also that res judicata and collateral estoppel do not preclude his complaint. Wayne Hodge’s arguments were foreclosed by this court’s decision in 1968. See Humphries v. Texas Gulf Sulphur Co. , 393 F.2d 69, 73 (5th Cir. 1968)(the “failure of appellants and their predecessors to assert any claim to the land, to use it, or pay the taxes confirms that the original Humphries grantee, whether his name was Pelham or William, at some time in the past parted with title”). We repeated that conclusion in 1991. See Peregoy v. Amoco Prod. Co. , 929 F.2d 196, 197 (5th Cir. 1991). The district court did not err in denying the motion. The decision of the district court is AFFIRMED.
DISMISSED IN PART FOR LACK OF JURISDICTION; AFFIRMED IN
PART.
§ 17.151 Invalid lifts for recipients of aid and attendance allowance or special monthly compensation. An invalid lift may be furnished if: ( a ) The applicant is a veteran who is receiving ( 1 ) special monthly compensation (including special monthly compensation based on the need for aid and attendance) under the provisions of 38 U.S.C. 1114(r), or
( 2 ) comparable compensation benefits at the rates prescribed under 38 U.S.C. 1134, or
( 3 ) increased pension based on the need for aid and attendance or a greater compensation benefit rather than aid and attendance pension to which he or she has been adjudicated to be presently eligible; and
( b ) The veteran has loss, or loss of use, of both lower extremities and at least one upper extremity (loss of use may result from paralysis or other impairment to muscle power and includes all cases in which the veteran cannot use his or her extremities or is medically prohibited from doing so because of a serious disease or disability); and
( c ) The veteran has been medically determined incapable of moving himself or herself from his or her bed to a wheelchair, or from his or her wheelchair to his or her bed, without the aid of an attendant, because of the disability involving the use of his or her extremities; and
( d ) An invalid lift would be a feasible means by which the veteran could accomplish the necessary maneuvers between bed and wheelchair, and is medically determined necessary.
[33 FR 12315, Aug. 31, 1968, as amended at 36 FR 3117, Feb. 13, 1971; 54 FR 34983, Aug. 23, 1989. Redesignated at 61 FR 21966, May 13, 1996]
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                                        <C>
<PERIOD-TYPE>                              3-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               JUN-30-1997
<CASH>                                          20,546
<SECURITIES>                                         0
<RECEIVABLES>                                   10,521
<ALLOWANCES>                                       601
<INVENTORY>                                      9,459
<CURRENT-ASSETS>                                47,041
<PP&E>                                          26,350
<DEPRECIATION>                                  14,098
<TOTAL-ASSETS>                                  59,293
<CURRENT-LIABILITIES>                            8,811
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        20,321
<OTHER-SE>                                      30,161
<TOTAL-LIABILITY-AND-EQUITY>                    59,293
<SALES>                                         12,313
<TOTAL-REVENUES>                                12,313
<CGS>                                            6,680
<TOTAL-COSTS>                                    9,690
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                    87
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,995
<INCOME-TAX>                                     1,018
<INCOME-CONTINUING>                              1,976
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,976
<EPS-PRIMARY>                                      .16
<EPS-DILUTED>                                      .16
        

</TABLE>
## EXHIBIT 32.1

Certification Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002

In connection with the filing of the
Quarterly Report on Form 10-QSB for the period ended September 30, 2006 as filed with the
Securities and Exchange Commission (the Report) by FCCC, Inc. (the
Registrant), I, Bernard Zimmerman, President and Chief Executive Officer of
the Registrant, hereby certify that:

|1. | The
Report fully complies with the requirements of section 13(a) or 15(d) of the
               Securities Exchange Act of 1934, as amended, and
|-- | ------------------------------------------------------------------------------------------------------------------------------------------------

|2. | The
information contained in the Report fairly presents, in all material
               respects, the financial conditions and results of operations of
Registrant.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | 
| | 
| | 

| | Name: Bernard Zimmerman                     
| | --------------------------------------------
| | Title: President and Chief Executive Officer

Dated: November 1, 2006

---
<PAGE>
                                                                   Exhibit 10.76

                                                                   Perry A. Sook
                                                                   President/CEO

TO: Timothy C. Busch

FR: Perry A. Sook

RE: Addendum to Your Employment Agreement

DA: 5/12/03

This memorandum will serve as an addendum to your employment agreement with
Nexstar Broadcasting dated September 11, 2000 and amended August 14, 2002.

Title and Duties: Your title will be Senior Vice President and Eastern Regional
Manager. Duties will include operational responsibility for WBRE, WYOU, WROC,
WJET, WFXP, WTWO, WBAK, WCIA, WCFN, WMBD, WYZZ and WDHN, and other stations and
duties that may be assigned by the CEO or COO from time to time.

Tern: The term of your employment agreement is hereby extended to June 30, 2008.

Compensation: Effective July 1, 2003 you will be compensated under the following
salary and bonus compensation schedule.

<TABLE>
<CAPTION>
                                       Annual Salary        Target Bonus
<S>                                    <C>                  <C>
July 1, 2003 through June 30, 2004      $250,000            $100,000 (for 2003)
July 1, 2004 through June 30, 2005      $260,000            $105,000 (for 2004)
July 1, 2005 through June 30, 2006      $270,000            $110,000 (for 2005)
July 1, 2006 through June 30, 2007      $280,000            $115,000 (for 2006)
July 1, 2007 and thereafter             $290,000            $120,000 (for 2007
                                                                and thereafter)
</TABLE>


Equity Compensation: You will receive a grant of an additional 20,000 options at
the IPO price. These options will vest ratably over the term of the employment
agreement and are in addition to the shares you own and options previously
granted.

Other: All other terms and conditions of your employment with Nexstar will
continue to be governed by your employment agreement and the Nexstar Employee
Handbook.

Please indicate your agreement with and acceptance of the terms and conditions
of this addendum by signing below.

Sincerely,                                    Accepted and Agreed,

/s/ Perry A. Sook                             /s/ Timothy C. Busch
Perry A. Sook                                 Timothy C. Busch
President/CEO
                                              Date: 5/13/03.


                        Nexstar Broadcasting Group, Inc.
            909 Lake Carolyn Parkway, Suite 1450, Irving, TX 75039,
                        (972) 373-8800 fax (972) 373-8888
§ 21.80 Requirement for a rehabilitation plan. ( a ) *General.* An IWRP (Individualized Written Rehabilitation Plan) will be developed for each veteran eligible for rehabilitation services under Chapter 31. The plan is intended to assist in: ( 1 ) Providing a structure which allows Veteran Readiness and Employment (VR&E) staff to translate the findings made in the course of the initial evaluation into specific rehabilitation goals and objectives;
( 2 ) Monitoring the veteran's progress in achieving the rehabilitation goals established in the plan;
( 3 ) Assuring the timeliness of assistance by Department of Veterans Affairs staff in providing services specified in the plan; and
( 4 ) Evaluating the effectiveness of the planning and delivery of rehabilitation services by VR&E staff.
( b ) *When a plan is prepared.* A plan will be prepared in each case in which a veteran will pursue: ( 1 ) A vocational rehabilitation program, as that term is defined in § 21.35(i);
( 2 ) An extended evaluation program;
( 3 ) An independent living services program; or
( 4 ) An employment program.
( c ) *Plan—a generic term.* The term *plan* refers to the IWRP (Individualized Written Rehabilitation Plan) § 21.84, IEEP (Individualized Extended Evaluation Plan) § 21.86, IEAP (Individualized Employment Assistance Plan) § 21.88, and IILP (Individualized Independent Living Plan) § 21.90. (Authority: 38 U.S.C. 3107(a))
( d ) *Plan not required.* A plan will not be prepared for a veteran who is not eligible for any assistance under Chapter 31. Department of Veterans Affairs staff, with the veteran's assistance and cooperation, will utilize information developed in the course of an initial evaluation to assist the veteran to develop alternatives for education and training, independence in daily living, or employment assistance. This assistance should help the veteran in achieving attainable vocational, independent living and employment goals utilizing benefits and services for which the veteran may be eligible under other Department of Veterans Affairs or non-Department of Veterans Affairs programs.
(Authority: 38 U.S.C. 523, 7722(c))
[49 FR 40814, Oct. 18, 1984, as amended at 87 FR 8743, Feb. 16, 2022]
§ 17.1007 Independent right of recovery. ( a ) VA has the right to recover its payment under this section when, and to the extent that, a third party makes payment for all or part of the same emergency treatment for which VA reimbursed or made payment under this section. ( 1 ) Under 38 U.S.C. 1725(d)(4), the veteran (or the veteran's personal representative, successor, dependents, or survivors) or claimant shall ensure that the Secretary is promptly notified of any payment received from any third party for emergency treatment furnished to the veteran. The veteran (or the veteran's personal representative, successor, dependents, or survivors) or claimant shall immediately forward all documents relating to such payment, cooperate with the Secretary in the investigation of such payment and assist the Secretary in enforcing the United States' right to recover any payment made and accepted under this section. The required notification and submission of documentation must be provided by the veteran or claimant to the VA medical facility of jurisdiction within three working days of receipt of notice of the duplicate payment.
( 2 ) If the Chief Financial Officer or equivalent official at the VA medical facility of jurisdiction concludes that payment from a third party was made for all or part of the same emergency treatment for which VA reimbursed or made payment under this section, such VA official shall, except as provided in paragraph (c) of this section, initiate action to collect or recover the amount of the duplicate payment in the same manner as for any other debt owed the United States.
( b ) ( 1 ) Any amount paid by the United States to the veteran (or the veteran's personal representative, successor, dependents, or survivors) or to any other person or organization paying for such treatment shall constitute a lien in favor of the United States against any recovery the payee subsequently receives from a third party for the same treatment.
( 2 ) Any amount paid by the United States, and accepted by the provider that furnished the veteran's emergency treatment, shall constitute a lien against any subsequent amount the provider receives from a third party for the same emergency treatment for which the United States made payment.
( c ) If it is determined that a duplicate payment was made, the Chief Financial Officer or equivalent official at the VA medical facility of jurisdiction may waive recovery of a VA payment made under this section to a veteran upon determining that the veteran has substantially complied with the provisions of paragraph (a)(1) of this section and that actions to recover the payment would not be cost-effective or would conflict with other litigative interests of the United States.
(Authority: 38 U.S.C. 1725)
#### § 26.1 Issuance and purpose.

The purpose of this part is to implement the National Environmental Policy Act (NEPA) of 1969 as amended (42 U.S.C. 4321-4370a), in accordance with regulations promulgated by the Council of Environmental Quality (CEQ Regulations, 40 CFR parts 1500-1508), and Executive Order 11514, March 5, 1970, as amended by Executive Order 11991, May 24, 1977. This part shall provide guidance to officials of the Department of Veterans Affairs (VA) on the application of the NEPA process to Department activities.

(Authority: 42 U.S.C. 4321-4370a)

[51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989]
§ 600.505 Premiums. ( a ) *Premium requirements.* ( 1 ) For premiums imposed on enrollees, the State must assure that the monthly premium imposed on any enrollee does not exceed the monthly premium that the enrollee would have been required to pay had he or she enrolled in a plan with a premium equal to the premium of the applicable benchmark plan, as defined in 26 CFR 1.36B-3(f). The State must assure that when determining the amount of the enrollee's monthly premium, the State took into account reductions in the premium resulting from the premium tax credit that would have been paid on the enrollee's behalf.
( 2 ) This assurance must be reflected in the BHP Blueprint, which shall also include: ( i ) The group or groups of enrollees subject to premiums.
( ii ) The collection method and procedure for the payment of an enrollee's premium.
( iii ) The consequences for an enrollee or applicant who does not pay a premium.
( b ) [Reserved]
Exhibit 10.2

 



 

April 24, 2015

 

John Holmes

Address of record at Cowen

 

Dear John:

 

This letter amendment (this “Amendment”) sets forth the mutual agreement between you and Cowen Group, Inc. (the “Company”) to amend your employment agreement, dated August 2, 2012 (your “Employment Agreement”).   This Amendment becomes effective when signed by you and the Company.

 

Specifically, your Employment Agreement is amended as follows:

 

·                                          In the first WHEREAS clause and Section 1(z)(ii) of “Good Reason”, the title “Chief Administrative Officer” is deleted and replaced with the title “Chief Operating Officer”.

 

·                                          Section 1(bb) is deleted.

 

·                                          Section 4(b) is deleted.

 

This Amendment does not amend any other terms of your Employment Agreement, all of which remain in full force and effect.   You acknowledge that this Amendment does not entitle you to terminate your employment for Good Reason under your Employment Agreement.

 

	
 
    	
Sincerely,
    
	
 
    	
 
    
	
 
    	
By:
    
	
 
    	
 
    
	
 
    	
/s/ Peter A. Cohen
    
	
 
    	
Peter A. Cohen
    
	
 
    	
CEO
    
	
 
    	
 
    
	
AGREED AND ACCEPTED:
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
Signed:
    	
/s/ John Holmes
    	
 
    	
April 24, 2015
    	
 
    
	
 
    	
John Holmes
    	
 
    	
Date