alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### [543] Spalding *vs.*Congdon.

"Where a plaintiff was *nonsuited*at the trial, and who applied for a new trial, *died*whilst the cause was *subjudice,*and a new trial was eventually denied, the defendant was permitted to enter judgment as of the term succeeding the nonsuit, the plaintiff then being in full life. The same rule prevails in cases of *verdicts,*demurrers, and *writs of error.*

Motion for leave to enter judgment *nunc pro tunc.*The issue joined in this case was tried in September, 1833, and the plaintiff *nonsuited.*The plaintiff on a bill of exceptions moved to set aside the nonsuit and for a new trial. The motion was denied by the circuit judge on the 30th of December last. • Rending the motion for a new trial the defendant died. The precise time of his death does not appear, it being supposed that he perished at sea about eighteen months ago. The attorney for the defendant now moves for leave to enter up judgment as of October term, 1833—that being the first term after the nonsuit, and the defendant being then alive.

*By the*Court,

Bronson, J.

[544] It is objected that more than two terms have elapsed not only since the nonsuit, but since the death of the. defendant; and consequently that the statute does not provide for ‘this case. (2 *R. S.*387, § 4.) There is another reason why the statute does not extend to this case. It only provides for entering judgment after a *verdict or plea of confession ;*and does not include a *nonsuit.*But the statute has nothing to do with the matter. Here the party has been tied up by a bill of exceptions and a motion for a new trial, and died while the matter was *subjudice.*In such cases, whether after verdict or non-suit—on demurrer or writ of error—and without regard to the lapse of time, the court will, upon common law principles, allow the judgment to be entered up as of a term when the party was alive. *(Rightmyre v. Durham,*12 *Wendell,*245. 2 *Tidd,*965, *and cases cited.*7 *Bing.*237.) The case of *Seymour*v. *Deyo,*(5 *Cowen,*289,) decides nothing against this rule of practice. In that case the plaintiff had been nonsuited, and after his death the court refused to hear a motion to set it aside, because nothing but the question of costs was involved in the motion. It would have' been useless to grant a new trial, for the suit had- already abated by the death of the plaintiff. In this ease there has been no *laches*since the decision of the circuit judge, and the motion must be granted. Motion granted.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT T.B., ) ) Appellant, ) ) v. ) Case No. 2D16-5621 ) N.O., ) ) Appellee. ) ) Opinion filed May 17, 2019. Appeal from the Circuit Court for Pinellas County; Kimberly Todd, Judge. T. Patton Youngblood, Jr. of the Youngblood Law Firm, Saint Petersburg, for Appellant. No appearance for Appellee.

PER CURIAM.

Affirmed.

LaROSE, C.J., and KHOUZAM and SMITH, JJ., Concur.
[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Notices]
[Page 26596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11348]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ES00-26-000]


Smarr EMC; Notice of Filing

May 2, 2000.
    Take notice that on April 27, 2000, Smarr EMC (Smarr) submitted an 
application seeking authorization under Section 204 of the Federal 
Power Act. Smarr seeks authorization to borrow up to $195 million under 
a loan agreement, or replacements therefor or renewals thereof, with 
the National Rural Utilities Cooperative Finance Corporation (CFC) over 
a two-year period.
    Smarr also requests a waiver of the Commission's competitive 
bidding and negotiated placement requirements in 18 CFR 34.2.
    Any person desiring to be heard or to protest such filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in 
accordance with Rules 211 and 214 of the Commission's Rules of Practice 
and Procedure (18 CFR 385.211 and 385.214). All such motions and 
protests should be filed on or before May 22, 2000. Protests will be 
considered by the Commission to determine the appropriate action to be 
taken, but will not serve to make protestants parties to the 
proceedings. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection. This filing may also be viewed on 
the Internet at http://www.ferc.fed.us/online/rims.htm (call 202-208-
2222 for assistance).

David P. Boergers,
Secretary.
[FR Doc. 00-11348 Filed 5-5-00; 8:45 am]
BILLING CODE 6717-01-M
EXHIBIT
4.43  ALLIANCE CONSUMER INTERNATIONAL, INC. EXCHANGE OFFER FOR THE COMMON STOCK OF NUTRASTAR INCORPORATED   LETTER OF ACCEPTANCE  Name of Shareholder (s)
  
  Shares of NutraStar
  Incorporated Common Stock
  Currently Owned By You
  
  Shares of Alliance Consumer
  
  International, Inc. Common
  Stock Offered For Your
  Shares of NutraStar StockThe RiceX Company
  
  372,000
  
  530,954  
  THIS FORM MUST BE COMPLETED AND DELIVERED ON
OR BEFORE DECEMBER 2, 2001 AT 5 P.M. STANDARD TIME TO NUTRASTAR INCORPORATED, 1261
HAWKS FLIGHT COURT, EL DORADO HILLS, CALIFORNIA 95762 ATTN: PATRICIA MCPEAK  
  APPROVAL
OR NONAPPROVAL OF EXCHANGE OFFER  The
undersignedýAcceptsoRejects  the Exchange Offer of Alliance Consumer
International, Inc. (ACI) for his/her shares of NutraStar Incorporated
(NSI) common stock , as specified above subject to the terms and conditions
set forth in the Agreement and Plan of Exchange which I have been given an
opportunity to examine and the summary of this transaction as set forth in the Addendum.  The undersigned understands that approval of
the Exchange Offer constitutes (i) his/her approval of the terms and conditions
of the Exchange Offer, and the complete transfer of all of his/her shares of
NSI common stock to ACI; (ii) his/her acknowledgement and agreement that the
shares of common stock of ACI will be full payment for all of his/her shares of
NSI; and that such shares will be deemed restricted securities subject to
resale limitations.  Date:
  12/11/01
  
  By
  /s/
  Todd C. CrowSignature of Shareholder
  Print Name: The RiceX Company  (NOTE: IF YOU ACCEPT THE EXCHANGE OFFER, YOU
MUST ENDORSE YOUR STOCK CERTIFICATES(S) TO ALLIANCE CONSUMER INTERNATIONAL,
INC. AND RETURN THEM WITH THIS LETTER OF ACCEPTANCE.)  1
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposal and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. 

*Name of Committee:*                        National Institute on Drug Abuse Special Emphasis Panel “Telemedicin”.                     

*Date:*                        January 18, 2000.                     

*Time:*                        9 a.m. to 5 p.m.                     

*Agenda:*                        To review and evaluate contract proposals.                     

*Place:*                        Neuroscience Center, National Institutes of Health, 6001 Executive Blvd., Bethesda, MD 20892.                     

*Contact Person:*                        Richard C. Harrison, Chief, Contract Review Branch, Office of Extramural Affairs, National Institute on Drug Abuse, National Institutes of Health, 6001 Executive Boulevard, Room 3158, MSC 9547, Bethesda, MD 20892-9547, 301-435-1437.                     

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle. 

(Catalogue of Federal Domestic Assistance Program Nos. 93.277, Drug Abuse Scientist Development Award for Clinicians, Scientist Development Awards, and Research Scientist Awards; 93.278, Drug Abuse National Research Service Awards for Research Training; 93.279, Drug Abuse Research Programs, National Institutes of Health, HHS). 

Dated: January 11, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy. 

[FR Doc. 00-1142 Filed 1-18-00; 8:45 am]

BILLING CODE 4140-01-M
§ 29.505 Ski landing conditions. If certification for ski operation is requested, the rotorcraft, with skis, must be designed to withstand the following loading conditions (where *P* is the maximum static weight on each ski with the rotorcraft at design maximum weight, and *n* is the limit load factor determined under § 29.473(b)): ( a ) Up-load conditions in which— ( 1 ) A vertical load of *Pn* and a horizontal load of *Pn/4* are simultaneously applied at the pedestal bearings; and
( 2 ) A vertical load of 1.33 *P* is applied at the pedestal bearings.
( b ) A side load condition in which a side load of 0.35 *Pn* is applied at the pedestal bearings in a horizontal plane perpendicular to the centerline of the rotorcraft.
( c ) A torque-load condition in which a torque load of 1.33 *P* (in foot-pounds) is applied to the ski about the vertical axis through the centerline of the pedestal bearings.
#### Leo Guardino, as Administrator of the Estate of Lorenzo Guardino, Deceased, Respondent, *v.*Terminal Cab Corporation et al., Appellants.

(Submitted May 28, 1936;

decided July 8, 1936.)

*447
      *Moses Katcher*for appellants.

*F. R. Serri*for respondent.

Judgment of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division. We find no evidence of negligence. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ.
<page>
                                                                    EXHIBIT 99.1

                            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 24/7 Real Media, Inc. (the
"COMPANY") on Form 10-K/A for the period ending December 31, 2001 as filed with
the Securities and Exchange Commission on the date hereof (the "REPORT"), I,
David J. Moore, Chairman and Chief Executive 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/ David J. Moore
                                           ------------------------------------
                                           David J. Moore
                                           Chairman and Chief Executive Officer
                                           (principal executive officer)



                                           January 24, 2003
Editorial Note on Part 294
Editorial Note: Nomenclature changes to part 294 appear at 84 FR 15934, Apr. 16, 2019.

§ 294.33 Compliance with the regulations of the Federal Aviation Administration. ( a ) Registrants under this part shall obtain FAA operations specifications required under part 129 or other applicable rules of this title (the Federal Aviation Regulations) prior to beginning operations into the United States. Registrants should write to the FAA office at one of the following addresses to obtain instructions on how to apply for FAA authority.
( b ) If the registrant's business address is located on or east of 76 degrees West Longitude (in or east of Ottawa, Ontario) it should write to: Federal Aviation Administration, General Aviation District Office No. 1, Albany County Airport, Albany, New York 12211.
( c ) If the registrant's business address is located on or east of 100 degrees West Longitude (in or east of Winnipeg, Manitoba) and west of 76 degrees West Longitude (west of, but not including, Ottawa, Ontario) it should write to: Federal Aviation Administration, Flight Standards District Office, 1 Airport Way, Rochester, New York 14624.
( d ) If the registrant's business address is west of Winnipeg, Manitoba, it should write to: Federal Aviation Administration, General Aviation District Office, 1601 Lind Avenue, SW., Renton, Washington 98055.
[ER-1257, 46 FR 52591, Oct. 27, 1981, as amended by Doc. No. 47939, 57 FR 40102, Sept. 2, 1992]
\ i '.... j

, .'..::~)~~T/\ .: ~·

. .,... :-.~:-- - .. :-..

.. .~

BEFORE THE

DEPARTMENT OF TRANSPORTATION

:---'0

WASHINGTON, D. C. ... ,:: if:

Motion of

AMERICAN AIRLINES, INC. DOT-OST-1996-1203

for confidential treatment under Rule

12 (Form 41, B-43)

MOTION OF AMERICAN AIRLINES, INC. FOR

CONFIDENTIAL TREATMENT UNDER RULE 12

Communications with respect to this document should be sent to:

FRANCIS C. HElL

Managing Director -

Legal and Government Affairs

American Airlines, Inc.

1101 17th Street, N.W.

Suite 600

Washington, D.C. 20036

(202) 496-5642

francis.heil@aa.com

April 14, 2014

- - _., .
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D. C.

Motion of

AMERICAN AIRLINES, INC. DOT-OST-l~96-1203

for confidential treatment under Rule

12 (Form 41, B-43)

MOTION OF AMERICAN AIRLINES, INC. FOR

CONFIDENTIAL TREATMENT UNDER RULE 12

American Airlines, Inc., under 14 CFR 302.12, hereby

moves that its Form 41, B-43 for YE2013, be accorded confidential treatment and withheld from public disclosure. The

information for which confidential treatment is requested

pertains to American's airframe and aircraft engine

acquisitions and retirements.

In accordance with the Department's Final Rule on Submitting Airline Data via the Internet, 75 Fed. Reg. 41580,

41582, July 16, 2010, we are uploading our confidential report

electronically to http://esubmit.rita.dot.gov

On June 5, 1995, by letter of James W. Mitchell, Director, Office of Airline Statistics, the Department granted

confidential treatment for a 10-year period to similar data

filed by American. For the reasons stated in that letter, the

current submission should also receive confidential treatment

for 10 years.
2 -

WHEREFORE, American moves that the schedule being

submitted electronically to the above-referenced website be

withheld from public disclosure under Rule 12 for a period of

10 years.

Respectfully submitted,

Francis C. Heil

Senior Attorney

American Airlines, Inc.

April 14, 2014
§ 385.21 Authority of the Chief, Accounting Division, Office of Budget and Policy, Federal Transit Administration. The Chief, Accounting Division, Office of Budget and Policy, Federal Transit Administration, has authority to: ( a ) Approve and order the payment of refunds of filing fees paid under § 389.27(b) of this chapter when such refunds have been authorized by either the Director, Office of Aviation Analysis, or the Director, Office of International Aviation.
( b ) Pay from appropriated funds all properly documented claims consistent with Treasury, OMB, GAO, and DOT policies.
( c ) Make minor or routine adjustments to payments based on audit reports prepared by the Inspector General, and through routine internal examinations of claims and vouchers.
( d ) Design air carrier subsidy claim forms for small community service under 49 U.S.C. 41737.
[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984; Amdt. 1, 50 FR 7170, Feb. 21, 1985. Redesignated and amended by Doc. No. OST-96-1268, 61 FR 19170, May 1, 1996]
Exhibit 10.22


 


SEVENTH
AMENDMENT TO THE


BIRDS EYE
FOODS MASTER SALARIED RETIREMENT PLAN


 


This amendment is adopted
by Birds Eye Foods, Inc., a corporation duly formed and existing under and
by virtue of the laws of the State of Delaware (referred to herein as the “Employer”).


 


WITNESSETH


 


WHEREAS, the Employer has
adopted the Birds Eye Foods Master Salaried Retirement Plan (the “Plan”) which
was amended and restated effective January 1, 2001, and


 


WHEREAS, the Employer has
reserved the right pursuant to Section 10.1 of the Plan to amend it at any
time, and


 


WHEREAS, the Employer now
wishes to amend the Plan;


 


NOW, THEREFORE, the Plan
is hereby amended effective as of January 1, 2007 by revising Paragraph (b) of
Section 5.5 to read as follows:


 


5.5
(b)               Election of Optional Forms. 
A Participant may elect by filing an election in writing with the
Pension Committee to convert his retirement benefit otherwise payable to him
into payments with an Actuarial Equivalent value pursuant to any of the options
available to him hereunder so long as such election is made prior to the
Participant’s Actual Retirement Date. 
Such election or any new election under Section 5.5(c) (Options
Available) below shall be made on a form approved by the Pension Committee and
shall contain the consent of the Participant’s Spouse to such election.  Such consent shall contain the Spouse’s
acknowledgement of the effect of the election and be witnessed by a Plan
representative or a notary public.  If it
is established to the satisfaction of a Plan representative that there is no
Spouse or that the Spouse cannot be located, no consent will be required.  The Plan Administrator shall notify each
Participant in writing not more than ninety (90) days before the Actual
Retirement Date (180 days with respect to Actual Retirement Dates


 

















 


commencing on or after January 1,
2007), and at least thirty (30) days before the Actual Retirement Date of his
right to elect an optional form of benefit. 
The notice shall also indicate the availability of a written explanation
of the terms and conditions of the form of benefit normally applicable for the
Participant and the effect that an election of an optional form of benefit will
have on his monthly annuity payment. 
Effective with respect to Actual Retirement Dates commencing on and
after January 1, 1997, a Participant may elect an Actual Retirement Date
that is less than thirty (30) days prior to the date such notice is provided
if: (i) he has at least thirty (30) days in which to make his election; (ii) he
may revoke any such election at any time ending on the Actual Retirement Date
but not less than seven (7) days after the date such notice is provided;
and (iii) such notice is provided prior to the Actual Retirement Date.


 


IN WITNESS WHEREOF, this
Amendment has been executed this 28th day of December, 2006.


 


	
   

  	
  BIRDS EYE FOODS, INC.

  
	
   

  	
   

  
	
   

  	
  /s/ Lois Warlick-Jarvie

  
	
   

  	
   

  
	
   

  	
  By: Lois Warlick-Jarvie

  
	
   

  	
   

  
	
   

  	
  Title: Senior Vice
  President of Administration
50 

ADDITIONAL PLAN ELEMENTS AND IMPLEMENTATION 

Transportation Conformity 

Transportation conformity is the regulatory program that links transportation and air quality 

planning processes together so that emissions from motor vehicles (both now and in the future) 

do not jeopardize air quality standards. Under conformity, emissions resulting from a 

transportation plan cannot exceed the allowable emissions level established for transportation in 

the air quality plan. 

DEQ requested EPA to determine that emissions from transportation sources were insignificant 

for regional emissions analysis. EPA could not make that determination because their policy 

states that this determination can only be made when an area meets the standards. Therefore, the 

request has been denied. The request is described in Appendix A-25. 

Transportation Emissions Budgets for Conformity 

Since regional conformity is required, an emissions budget for on-road motor vehicle emissions 

in the Klamath Falls nonattainment area is based on emissions from 2014. The transportation 

emissions budgets for 2014 are shown in Table 211. The Motor Vehicle Emission Budget 

(MVEB) is consistent with attainment of the 2006 24-hour PM2.5 NAAQS in 2014.. 

Table 121: 2014 Motor Vehicle Emissions Budget 

Klamath Falls Motor Vehicle PM2.5 Emissions Budget 

Worst Case Winter PM2.5 Season (lbs/day) 

Pollutant Pounds 

per Day 

PM2.5 699

NOx 4,834

The transportation emissions budgets were developed based on the Oregon Department of 

Transportation (ODOT) travel demand model. The budget amount for 2014 is the projected onroad mobile emissions for that year as calculated in the emission inventory projections. See 

Appendix 11a. The emissions are based on vehicle miles traveled (VMT) and other criteria from 

the transportation demand model then modeled by MOVES as identified the emission in 

Appendix 11a and 11b. The emission inventory projections include transportation projects in the 

statewide transportation plan that are funded. The projections do not include projects planned but 

 

1

 The motor vehicle emission budget for Klamath Falls is based on the emissions in 2014 because that is the year 

projected for attainment of the 24-hour 2006 PM2.5 NAAQS. DEQ predicts Klamath Falls will meet attainment in 2014. 

VMT and other criteria used in the MOVES model can be found in Appendix 11 or by contacting DEQ Technical 

Services Section of Air Quality. While NOx is not considered a substantive contributor to the PM2.5 problem, DEQ 

included a budget for NOx only because the addition of a second pollutant is not much more of a workload when 

running the MOVES model and it satisfies all aspects of EPA’s requirements identified in 40CFR93.102(b)(2)(iv). 
51 

without funding. DEQ’s transportation conformity rules and the transportation conformity 

process can be found in Oregon Administrative Rule 340, Division 240
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JAN-30-1999
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               MAY-02-1998
<CASH>                                          18,386
<SECURITIES>                                    64,541
<RECEIVABLES>                                    5,658
<ALLOWANCES>                                         0
<INVENTORY>                                    110,129
<CURRENT-ASSETS>                               202,993
<PP&E>                                         153,165
<DEPRECIATION>                                  82,108
<TOTAL-ASSETS>                                 281,692
<CURRENT-LIABILITIES>                           40,941
<BONDS>                                         60,298
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     20,000
<COMMON>                                            58
<OTHER-SE>                                     142,058
<TOTAL-LIABILITY-AND-EQUITY>                   281,692
<SALES>                                         86,194
<TOTAL-REVENUES>                                86,194
<CGS>                                           64,356
<TOTAL-COSTS>                                   28,286
<OTHER-EXPENSES>                                 (465)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,097
<INCOME-PRETAX>                                (6,163)
<INCOME-TAX>                                   (2,523)
<INCOME-CONTINUING>                            (3,640)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,640)
<EPS-PRIMARY>                                  ($0.23)
<EPS-DILUTED>                                  ($0.23)
        

</TABLE>