alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William H. Bennett, Appellant, *v.*Joseph Mallard et al., Respondents.

(Supreme Court, Appellate Term,

November, 1900.)

Tort — Injuries from the kick of a horse — Scienter.

In an action for injuries received from being kicked by a horse while in its stall in a stable, the plaintiff must prove *scienter*upon the part of the owner of the horse, and no proof of its viciousness in the stall is afforded by evidence that the horse would kick and balk on the road while drawing a load in the snow.

Appeal from a judgment in favor of the defendants, rendered in the Municipal Court of the city of New York, eighth district, borough of Manhattan.

*113O. J. Earley, for appellant.

J. E. Bowen, for respondents.

*Per Guriam.*

This is an appeal from an order vacating and setting aside the verdict of a jury. Section 1367 of the Consolidation Act (L. 1882, ch. 410) expressly provides that an appeal shall lie from an order setting aside the verdict of a jury, as from a judgment. Douglass v. Seiferd, 18 Misc. Rep. 188.

There was no evidence to show that the horse was accustomed to kick while in the stable, and the fact that he balked and kicked while on the road does not raise the inference that he would kick while in his stall.

In an action against the owner of an animal for injuries inflicted by it, the *gravamen*of the action is the keening of the .animal with knowledge of its propensities. It is true that proof that the animal is of a savage and vicious nature is equivalent to express notice (Muller v. McKesson, 73 N. Y. 195), but it never has been held that evidence that a horse would kick while drawing a load in the snow (which is the evidence in this case), raises the presumption that it would kick while standing in "the stall in the stable.

The order appealed from is affirmed, with costs.

Present: Tbuax, P. J., Scott and Dtjgbo, JJ.

Order affirmed, with costs.
| USGS HomeContact USGSSearch USGS                   |
|----------------------------------------------------|
| U.S. Geological Survey  Open-File Report 2006-1135 |

#  Mineral Facilities of Africa and the Middle East   

Published 2006
# Proposal under the Small Community Air Service Development Program Docket #: DOT - OST - 2011 - 0119

Legal sponsor: County of Kalamazoo DUNS: 134404099 Congressional District Code: MI
- 06 Contact: Clifton E. Moshoginis, CM
- Airport Director Address: 5235 Portage Road, Kalamazoo, MI 49002
- 1766 Phone: (269) 388
- 3668 Email: cemosh@kalcounty.com 

# Kalamazoo - Battle Creek International Airport Kalamazoo, MI
About this capture
Internet Archive
Wayback Machine
Around The World Crawl
AMENDMENT

     AMENDMENT, effective May 12, 2000, to AMENDED AND RESTATED EMPLOYMENT
AGREEMENT, by and between MUELLER INDUSTRIES, INC., a Delaware corporation
having its principal place of business at 8285 Tournament Drive, Memphis,
Tennessee 38125 (the "Employer"), and WILLIAM D. O'HAGAN, an individual
residing at 3281 Remington Trace, Apt. 303, Memphis, TN 38125 (the
"Executive").

                                 WITNESSETH:

     WHEREAS, the parties desire to amend the Amended and Restated
Employment Agreement, dated as of September 17, 1997, between Employer and
Executive ((the "Employment Agreement); the Employment Agreement, as
amended effective May 12, 2000, being hereinafter called the "Agreement").

     NOW, THEREFORE, the parties agree as follows:

 1. Section 1 of the Agreement is amended in its entirety to read as
    follows: "The Employer agrees to employ the Executive, and the
    Executive hereby accepts such employment, as President and Chief
    Executive Officer of the Employer.  This Agreement shall have a
    three-year rolling term, which shall commence as of the date first
    above written and automatically be extended so that the unexpired
    term on any date is always three years (the "Employment Period"),
    until such time as either party gives written notice to the other
    of its election not to extend such term.  The Employment Period
    shall end three years from the date on which such notice is given
    unless it is terminated earlier as provided in Section 4 hereof."

 2. Section 4 e of the Agreement shall be amended in its entirety to
    read as follows: "If the Executive's employment is terminated for
    Cause pursuant to Section 4(b), or if the Executive shall
    voluntarily resign for any reason other than Good Reason, the
    Executive's right to receive the Base Salary (except any accrued
    and unpaid salary), the Bonus, and any other compensation and
    benefits to which he would otherwise be entitled under this
    Agreement shall be forfeited as of the date of termination of
    employment."

 3. Section 4 f of the Agreement shall be deleted in its entirety.

 4. Section 5 of the Agreement shall be amended by changing the address
    of Willkie Farr & Gallagher to 787 Seventh Avenue, New York, New
    York 10019.

 5. Section 7 of the Agreement shall be deleted in its entirety.

 6. Except as expressly amended by this Agreement, the remaining terms
    and provisions of the Employment Agreement shall remain unchanged
    and continue in full force and effect.


                                     -1-
<PAGE>

 7. This Amendment may be executed in counterparts, each of which shall
    be deemed an original but which together shall constitute one and
    the same instrument.

     IN WITNESS WHEREOF, the parties have executed or caused to be
executed this Amendment as of the date first above written.

MUELLER INDUSTRIES, INC.



By: /S/HARVEY L. KARP                     /S/WILLIAM D. O'HAGAN
Name:  Harvey L. Karp                        William D. O'Hagan
Title: Chairman









































                                     -2-
Order entered December 11, 2017 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-00749-CV 

FRANK D. MAY, Appellant 

V. 

MARVIN MILLER, Appellee 

On Appeal from the County Court at Law No. 1 

Dallas County, Texas 

Trial Court Cause No. CC-17-02599-A 

ORDER 

Before the Court is appellee’s motion to issue mandate. Although given an opportunity 

to respond, appellant has not filed any response. We GRANT the motion and DIRECT the 

Clerk of the Court to issue the mandate instanter. 

/s/ MOLLY FRANCIS 

 JUSTICE
EPA SANITIZED Page 3 of 28
[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Notices]
[Page 52820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24819]


=======================================================================
-----------------------------------------------------------------------

NATIONAL TRANSPORTATION SAFETY BOARD


Agenda; Sunshine Act Meeting

Time and Date: 9:30 a.m., Tuesday, October 27, 2009.

Place: NTSB Conference Center, 429 L'Enfant Plaza SW., Washington, DC 
20594.

Status: The TWO item are open to the public.

Matters To Be Considered: 
8067A--Aircraft Accident Report--Crash During Approach to Landing of 
Maryland State Police Aerospatiale SA365N1, N92MD, District Heights, 
Maryland, September 27, 2008.
8078A--Highway Accident Report--Motorcoach Run-off-the-Bridge and 
Rollover, Sherman, Texas, August 8, 2008.


News Media Contact: Telephone: (202) 314-6100.
    The press and public may enter the NTSB Conference Center one hour 
prior to the meeting for set up and seating.
    Individuals requesting specific accommodations should contact 
Rochelle Hall at (202) 314-6305 by Friday, October 23, 2009.
    The public may view the meeting via a live or archived Web cast by 
accessing a link under ``News & Events'' on the NTSB home page at 
http://www.ntsb.gov.

For More Information Contact: Candi Bing, (202) 314-6403.

    Dated: October 9, 2009.
Candi R. Bing,
Alternate Federal Register Liaison Officer.
[FR Doc. E9-24819 Filed 10-9-09; 4:15 pm]
BILLING CODE 7533-01-P
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 309 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 309

To direct the Secretary of the Interior to conduct a study to determine 
the feasibility of increasing the capacity of water storage, increasing 
   power generation, improving water supply reliability and quality, 
improving water management efficiency, and improving ecosystem function 
and flood control on the San Joaquin River through the construction of 
     a reservoir at Temperance Flat and other reasonable measures.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 8, 2003

  Mr. Nunes introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL

 
To direct the Secretary of the Interior to conduct a study to determine 
the feasibility of increasing the capacity of water storage, increasing 
   power generation, improving water supply reliability and quality, 
improving water management efficiency, and improving ecosystem function 
and flood control on the San Joaquin River through the construction of 
     a reservoir at Temperance Flat and other reasonable measures.

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

SECTION 1. UPPER SAN JOAQUIN RIVER BASIN STUDY.

    (a) Short Title.--This section may be cited as the ``San Joaquin 
River Restoration Act''.
    (b) Authorization.--Not later than 3 years after the date of the 
enactment of this section, the Secretary of the Interior shall complete 
a feasibility study of the Upper San Joaquin River Basin in California, 
to determine the feasibility of increasing the capacity of water 
storage, increasing power generation, improving water supply 
reliability and quality, improving water management efficiency, and 
improving ecosystem function and flood control on the San Joaquin River 
through the construction of a reservoir at Temperance Flat and other 
reasonable measures.
    (c) Matching Funds.--
            (1) Match required.--Before conducting the study under this 
        section, the Secretary shall require assurances that fifty 
        percent of the cost of the study shall be paid with local 
        funds.
            (2) Source of local funds.--Local funds required under 
        paragraph (1) shall be provided from the Central Valley Project 
        Restoration Fund established under section 3407 of the Central 
        Valley Project Improvement Act (Public Law 102-575).
    (d) Federal Cost Nonreimbursable.--Federal funds expended for the 
study shall not be reimbursed.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
                                 <all>
```
§ 308.103 Assignment of Administrative Law Judge (ALJ). ( a ) *Assignment.* Unless otherwise directed by the Board of Directors or as otherwise provided in the Local Rules, a hearing within the scope of this part must be held before an ALJ of the Office of Financial Institution Adjudication (OFIA).
( b ) *Procedures.* Upon receiving a copy of the notice under § 308.18(a) from Enforcement Counsel, OFIA must assign an ALJ to the matter and advise the parties, in writing, of the ALJ assignment.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22
- 7399

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. WILLIAM SCOTT DAVIS, JR. , Defendant

- Appellant

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. James C. Dever III, District Judge. ( 5:14

- cr - 00240

- D

- 1 ; 5:22

- cv - 00233

- D )

Submitted : April 25, 2023 Decided: April 28, 2023

Before GREGORY , Chief Judge, THACKER, Circuit Judge , and MOTZ, Senior Circuit Judge

.
Affirmed by un published per curiam opinion

.
William Scott Davis, Jr. , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-7399 Doc: 20 Filed: 04/28/2023 Pg: 1 of 22 PER CURIAM: William Sc ott Davis, Jr. , appeals the district court’s order striking several motions from the docket . We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United States v. Davis , No. 5:14

- cr 00240

- D

- 1 (E.D.N.C. Oct. 14, 2022)

. We deny a certificate of appealability as
unnecessary , see Harbison v. Bell , 556 U.S. 180, 183 (2009), and deny Davis’ motions for a new trial and for reassignment to a different district judge. We dispense with ora l argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
AFFIRMED USCA4 Appeal: 22-7399 Doc: 20 Filed: 04/28/2023 Pg: 2 of 2
<PAGE>
                                                                   EXHIBIT 10.97

                  SUMMARY OF DIRECTOR COMPENSATION ARRANGEMENTS

Each non-employee director receive annual compensation in the amount of $25,000,
paid in quarterly installments at the beginning of each fiscal quarter. In
addition, each Compensation Committee member, Audit Committee member, Chair of
the Audit Committee and Lead Director receive annual fees of $2,500, $5,000,
$5,000 and $15,000 respectively. Employee directors do not receive any
additional cash compensation for serving on the Board of Directors, but are
reimbursed for expenses incurred in attending the meetings. Each non-employee
director is included in the Company's executive medical plan. Non-employee
directors are permitted to participate in the Company's investment and tax
planning program.

Each non-employee director is granted a nonqualified option to purchase 50,000
shares of common stock under the 2001 Non-Employee Director Option Program (the
"Program") upon election or appointment to the Board of Directors. These options
vest and become exercisable in three equal installments on each anniversary of
the grant date. In addition, the Program provides that each non-employee
director who is a director immediately prior to an annual meeting of the
stockholders and who continues to be a director after such meeting, provided
that such director has served as such for at least 11 months, will be granted an
option to purchase 25,000 shares of common stock on the related annual meeting
date. Options granted under the Program vest and become exercisable in three
equal installments on each anniversary of their respective grant date.
§ 308.2 Rules of construction. For purposes of this part: ( a ) Any term in the singular includes the plural, and the plural includes the singular, if such use would be appropriate;
( b ) The term *counsel* includes a non-attorney representative; and
( c ) Unless the context requires otherwise, a party's counsel of record, if any, may, on behalf of that party, take any action required to be taken by the party.
#### §§ 303.208-303.219 [Reserved]
#### § 411.405 Penalty procedures.

Agencies shall impose and collect civil penalties pursuant to the provisions of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are not inconsistent with the requirements herein.
Exhibit 10.11

 

TERMINATION AGREEMENT

 

This TERMINATION AGREEMENT, dated as of May [ · ], 2015 (this “Agreement”) is by and among Vestar Capital Partners, a Delaware limited partnership (“Vestar”), PG Holdco, LLC, a Delaware limited liability company (“Holdco”), Press Ganey Holdings, Inc., a Delaware corporation (the “Company”), and Press Ganey Associates, Inc., an Indiana corporation (“PGA”).

 

W I T N E S S E T H:

 

WHEREAS, pursuant to a Management Agreement between Vestar, Holdco, the Company and PGA, dated March 12, 2008 (the “Management Agreement”), each of Holdco, the Company and PGA granted Vestar certain management rights with respect to the Company; and

 

WHEREAS, the parties desire to terminate the Management Agreement in accordance with the terms therein;

 

NOW, THEREFORE, it is agreed as follows:

 

1.             Termination of the Management Rights Agreement.  Holdco, the Company, PGA and Vestar hereby agree that, effective as of the date of the closing of the initial public offering of the common stock of the Company, the Management Agreement shall be terminated and of no further force or effect; provided, however, that the provisions of Paragraphs 4, 5, 7 and 8 of the Management Agreement and the joint and several obligation of Holdco, the Company and PGA to pay Fees (as defined in the Management Agreement) accrued during the term of the Management Agreement pursuant to Section 2 of the Management Agreement shall survive the termination of this Agreement.

 

2.             Governing Law.  This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the state of New York applicable to contracts made and to be performed therein.

 

3.             Counterparts.  This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument, binding upon the parties hereto.

 

[Remainder of page intentionally left blank]

 











 

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, or have caused this Agreement to be duly executed on their behalf, as of the date first above written.

 

	
 
    	
VESTAR CAPITAL PARTNERS
    
	
 
    	
 
    
	
 
    	
By its General Partner:
    
	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name: 
    
	
 
    	
 
    	
Title:
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
PG HOLDCO, LLC
    
	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name: 
    
	
 
    	
 
    	
Title:
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
PRESS GANEY HOLDINGS, INC.
    
	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name: 
    
	
 
    	
 
    	
Title:
    
	
 
    	
 
    
	
 
    	
 
    
	
 
    	
PRESS GANEY ASSOCIATES, INC.
    
	
 
    	
 
    
	
 
    	
By:
    	
 
    
	
 
    	
 
    	
Name: 
    
	
 
    	
 
    	
Title:
    
					


 

[Press Ganey - Termination of Management Agreement]
§ 366.10 When would I have a conflict of interest? ( a ) You have a conflict of interest when you, any person that owns or controls you, or any entity you own or control: ( 1 ) Has a personal, business, or financial interest or relationship that relates to the services you perform under the contract;
( 2 ) Is a party to litigation against us, or represents a party that is;
( 3 ) Submits an offer to acquire an asset from us for which services were performed during the past three years, unless the contract allows for the acquisition; or
( 4 ) Engages in an activity that would cause us to question the integrity of the service you provided, are providing or offer to provide us, or impairs your independence.
( b ) The following are examples of a conflict of interest. These examples are not inclusive. ( 1 ) You submit an offer to perform property management services for us and you own or manage a competing property.
( 2 ) You audit a business under a contract with us and you or a partner in your firm has an ownership interest in that business.
( 3 ) You perform loan services on a pool of loans we are selling, and you submit a bid to purchase one or more of the loans in the pool.
( 4 ) You audit your own work or provide nonaudit services that are significant or material to the subject matter of the audit.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT DECEMBER 31, 1996, AND THE STATEMENTS OF OPERATIONS FOR THE TWELVE
MONTHS ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          13,633
<SECURITIES>                                         0
<RECEIVABLES>                                   18,307
<ALLOWANCES>                                       907
<INVENTORY>                                      5,410
<CURRENT-ASSETS>                                     0
<PP&E>                                         540,048
<DEPRECIATION>                                 230,920
<TOTAL-ASSETS>                                 774,323
<CURRENT-LIABILITIES>                           73,134
<BONDS>                                        885,786
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   774,323
<SALES>                                              0
<TOTAL-REVENUES>                               217,320
<CGS>                                                0
<TOTAL-COSTS>                                  197,595
<OTHER-EXPENSES>                                (1,892)
<LOSS-PROVISION>                                 2,417
<INTEREST-EXPENSE>                              71,602
<INCOME-PRETAX>                               (49,985)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (49,985)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (49,985)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 34.44 Minimum appraisal standards. For federally related transactions, all appraisals shall, at a minimum: ( a ) Conform to generally accepted appraisal standards as evidenced by the Uniform Standards of Professional Appraisal Practice (USPAP) promulgated by the Appraisal Standards Board of the Appraisal Foundation, (*www.appraisalfoundation.org*), unless principles of safe and sound banking require compliance with stricter standards;
( b ) Be written and contain sufficient information and analysis to support the institution's decision to engage in the transaction;
( c ) Be subject to appropriate review for compliance with the Uniform Standards of Professional Appraisal Practice;
( d ) Analyze and report appropriate deductions and discounts for proposed construction or renovation, partially leased buildings, non-market lease terms, and tract developments with unsold units;
( e ) Be based upon the definition of market value as set forth in this subpart; and
( f ) Be performed by State licensed or certified appraisers in accordance with requirements set forth in this subpart.
[59 FR 29500, June 7, 1994, as amended at 79 FR 28400, May 16, 2014; 84 FR 53597, Oct. 8, 2019]