alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 13.41 Complaints. ( a ) Any employee, contractor, labor organization, trade organization, contracting agency, or other person or entity that believes a violation of the Executive Order or this part has occurred may file a complaint with any office of the Wage and Hour Division. No particular form of complaint is required. A complaint may be filed orally or in writing. If the complainant is unable to file the complaint in English, the Wage and Hour Division will accept the complaint in any language.
( b ) It is the policy of the Department of Labor to protect the identity of its confidential sources and to prevent an unwarranted invasion of personal privacy. Accordingly, the identity of any individual who makes a written or oral statement as a complaint or in the course of an investigation, as well as portions of the statement which would reveal the individual's identity, shall not be disclosed in any manner to anyone other than Federal officials without the prior consent of the individual. Disclosure of such statements shall be governed by the provisions of the Freedom of Information Act, 5 U.S.C. 552, 29 CFR part 70, and the Privacy Act of 1974, 5 U.S.C. 552a.
#### SOUTHERN BELL TEL. & TEL. CO. v. VINSON.

(Decided April 20, 1915.)

Appeal from Cullman Circuit Court.

Heard before Hon. D. W. Speaks.

Eyster & Eyster, and Geo. H. Parker, for appellant. A. A. Griffith, for appellee.

Per curiam.

Dismissed by agrément of parties.
§ 1410.2 Definitions. For the purposes of this part, unless otherwise required by the context— ( a ) *Individual* means a citizen of the United States or an alien lawfully admitted for permanent residence.
( b ) *Maintain* means maintain, collect, use or disseminate.
( c ) *Record* means any item, collection or grouping of information about an individual that is maintained by the Federal Mediation and Conciliation Service including, but not limited to, his education, financial transactions, medical history, and criminal or employment history, that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print, or a photograph.
( d ) *System of records* means a group of any records under the control of Federal Mediation and Conciliation Service from which information is retrieved by the name of the individual or by some identifying particular assigned to the individual.
## Finamore , Robert (OST) From : Bil l Evan s [bill@mietuslaw.com ] .' ; M;Wtfv TO F Sent : Thursday , February24 , 201 1 10:0 8 A M ''~'?-'pliJ/\fiOi-' i To : Finamore , Robert (OST ) I : •'rr,p/..r,'pV M Subject : Aerovia s d e Mexic o Docke t 2007-2696 8 • - ' ; . :

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[No. 28367-1-II.

Division Two.

December 13, 2002.]

#### The State of Washington, *Respondent,*v. Michelle Marie Miranda, *Appellant.*

Appeal from a judgment of the Superior Court for Lewis County, No. 01-1-00517-5, Richard L. Brosey and H. John Hall, JJ., entered January 24, 2002. *Reversed*by unpublished opinion per Bridgewater, J., concurred in by Morgan and Houghton, JJ.
#### § 102.146 Rulemaking on maximum rates for attorney or agent fees.

Any person may file with the Board a petition under § 102.124 for rulemaking to increase the maximum rate for attorney or agent fees. The petition should specify the rate the petitioner believes may be established and explain fully why the higher rate is warranted by an increase in the cost of living or a special factor (such as the limited availability of qualified attorneys or agents for the proceedings involved).

[82 FR 11782, Feb. 24, 2017]
#### SCHNEIDER et v WOLF et

Ohio Appeals, 2nd Dist, Montgomery Co

No 857.

Decided Sept 28, 1928

Jacobson & Pfarrer, Dayton, for Schneider.

H E Kreitzer and Joseph W Sharts, Dayton, for Wolf.

BY THE COURT

The question presented by the proceedings in error is as to the right of virtual representation of the unborn children of D. L. Wolf. This is an important question, and the exact case has not been determined in this state. It has been held-in numerous cases in this state, and in other states, that where the unborn defendants are represented in court by persons having exactly the same interests and the case is adjudicated, this adjudication will bind the unborn heirs.

In the recent case of Bennett vs. Fleming, 105 O. S., 352, it was- held in the syllabus that:

(Here follows quotation)

This action involved a proceedings for the sale of real estate under the entailed statute, but we think the language of it is broad enough to contemplate a proceedings in partition, especially where the case in partition is brought by another party whose title to the moiety claimed is free from any entanglement of the entailment provision.

The question again came .up in the case of Judy vs. Trollinger, in 110 O. S., page 576, where virtual representation of an unborn child is effected in the sale of entailed estates. It is true that in this particular case the statute expressly provides for virtual representation. However, where the suit is brought by a party whose right to partition is clear, we think the duty of virtual representation exists as a matter of necessity under the common law.

The case of Stewart vs. O’Neal decided by the Federal Court of Appeals at Cincinnati, and reported in 14 Ohio Law Reporter, 553, is directly in point.

*218In that case, a will granting, a contingent estate to unborn heirs w,as set aside and it was sought to set aside that decree upon the birth of an heir provided for in the will. It was held that the heir was bound upon the doctrine of virtual representation.

The plaintiff is entitled to partition. There is no doubt of his right to partition, and that he should be defeated in the partition because one of the heirs has a limited estate in which his unborn heirs might be entitled to an interest, is covered by the provisions of the common law.

We are therefore of opinion that the judgment of the Court of Common Pleas was proper and should be affirmed.

Ferneding, Kunkle and Allread, JJ, concur.
#### In the Matter of the Claim of Ernest Falk, Respondent, against Midland Dairy Co., Inc., et al., Appellants. State Industrial Board, Respondent.

Argued March 4, 1937;

decided March 23, 1937.

*Harold V. Angevine*and *James A. Hughes*for appellants.

*Joseph P. Walsh*for claimant, respondent.

*John J. Bennett, Jr., Attorney-General (Roy Wiedersum*of counsel), for State Industrial Board, respondent.

Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
§ 1472.205 What must I include in my drug-free workplace statement? You must publish a statement that— ( a ) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace;
( b ) Specifies the actions that you will take against employees for violating that prohibition; and
( c ) Lets each employee know that, as a condition of employment under any award, he or she: ( 1 ) Will abide by the terms of the statement; and
( 2 ) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction.
§ 91.865 Phased compliance for operators with base level. Except as provided in paragraph (a) of this section, each operator that operates an airplane under part 91, 121, 125, 129, or 135 of this chapter, regardless of the national registry of the airplane, shall comply with paragraph (b) or (d) of this section at each interim compliance date with regard to its subsonic airplane fleet covered by § 91.801(c) of this subpart. ( a ) This section does not apply to new entrants covered by § 91.867 or to foreign operators not engaged in foreign air commerce.
( b ) Each operator that chooses to comply with this paragraph pursuant to any interim compliance requirement shall reduce the number of Stage 2 airplanes it operates that are eligible for operation in the contiguous United States to a maximum of: ( 1 ) After December 31, 1994, 75 percent of the base level held by the operator;
( 2 ) After December 31, 1996, 50 percent of the base level held by the operator;
( 3 ) After December 31, 1998, 25 percent of the base level held by the operator.
( c ) Except as provided under § 91.871, the number of Stage 2 airplanes that must be reduced at each compliance date contained in paragraph (b) of this section shall be determined by reference to the amount of base level held by the operator on that compliance date, as calculated under § 91.861.
( d ) Each operator that chooses to comply with this paragraph pursuant to any interim compliance requirement shall operate a fleet that consists of: ( 1 ) After December 31, 1994, not less than 55 percent Stage 3 airplanes;
( 2 ) After December 31, 1996, not less than 65 percent Stage 3 airplanes;
( 3 ) After December 31, 1998, not less than 75 percent Stage 3 airplanes.
( e ) Calculations resulting in fractions may be rounded to permit the continued operation of the next whole number of Stage 2 airplanes.
[Doc. No. 26433, 56 FR 48659, Sept. 25, 1991]
#### § 89.1 Definitions.

The following definitions apply to this part.

*Declaration of compliance* means a record submitted to the FAA by the producer of a standard remote identification unmanned aircraft or remote identification broadcast module to attest that all the requirements of subpart F of this part have been met.

*Home-built unmanned aircraft* means an unmanned aircraft that an individual built solely for education or recreation.
exv10w44






EXHIBIT 10.44




CERTIFICATE OF MERGER

OF

PROVIDENCE EQUITY PARTNERS V-A STUDY ISLAND L.L.C.

INTO

ARCHIPELAGO LEARNING, INC.




     Pursuant to Section 264(c) of General Corporation Law of State of Delaware (the
“DGCL”) and Section 18-209 of the Delaware Limited Liability Company Act (the
“DLLCA”), Archipelago Learning, Inc., a Delaware corporation (“ALI”), in connection
with the merger of Providence Equity Partners V-A Study Island L.L.C. (“PEP SI LLC”), with
and into ALI (the “Merger”), hereby certifies as follows:



          FIRST: The name and jurisdiction of formation or incorporation of each constituent entity to
the Merger are follows:



	 	 	 
	 

	 	Jurisdiction of
	Name

	 	Formation or Incorporation
	 
	 	 
	Providence Equity Partners V-A Study Island L.L.C.

	 	Delaware
	Archipelago Learning, Inc.

	 	Delaware






          SECOND: An Agreement and Plan of Merger has been approved, adopted, executed and acknowledged
in accordance with the DGCL and the DLLCA by ALI and PEP SI LLC.




          THIRD: The name of the surviving entity is Archipelago Learning, Inc., which shall continue
to exist as a Delaware corporation under the same name. The Certificate of Incorporation of
Archipelago Learning, Inc. shall be the Certificate of Incorporation of the surviving entity.




          FOURTH: The merger shall be effective on the filing of the Certificate of Merger with the
Secretary of State of Delaware.




          FIFTH: The executed Agreement and Plan of Merger is on file at the principal place of
business of ALI. The address of the principal place of business of ALI is 3400 Carlisle Street,
Dallas, Texas 75204.




          SIXTH: A copy of the Agreement and Plan of Merger will be furnished by ALI on request and
without cost to any member of PEP SI LLC or to any stockholder of ALI.




[remainder of page intentionally left blank]




 









 








     IN WITNESS WHEREOF, this Certificate of Merger is hereby executed as of this ___ day of
November, 2009.



	 	 	 	 	 
	 	ARCHIPELAGO LEARNING, INC.

 	 
	 	By:  	 	 
	 	 	Name:  	Tim McEwen 	 
	 	 	Title:  	Chief Executive Officer 	 
	 



[SIGNATURE PAGE — ALI, PEP SI LLC MERGER CERTIFICATE]
§ 1471.705 What does the suspending official consider in issuing a suspension? ( a ) In determining the adequacy of the evidence to support the suspension, the suspending official considers how much information is available, how credible it is given the circumstances, whether or not important allegations are corroborated, and what inferences can reasonably be drawn as a result. During this assessment, the suspending official may examine the basic documents, including grants, cooperative agreements, loan authorizations, contracts, and other relevant documents.
( b ) An indictment, conviction, civil judgment, or other official findings by Federal, State, or local bodies that determine factual and/or legal matters, constitutes adequate evidence for purposes of suspension actions.
( c ) In deciding whether immediate action is needed to protect the public interest, the suspending official has wide discretion. For example, the suspending official may infer the necessity for immediate action to protect the public interest either from the nature of the circumstances giving rise to a cause for suspension or from potential business relationships or involvement with a program of the Federal Government.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Labor

###### Office of the Assistant Secretary for Veterans' Employment and Training

The Secretary's Advisory Committee for Veterans' Employment and Training was established under section 4110 of title 38, United States Code, to bring to the attention of the Secretary, problems and issues relating to veterans' employment and training.

Notice is hereby given that the Secretary of Labor's Advisory Committee for Veterans' Employment and Training will meet on Tuesday, June 6, 2000, at the U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-2508, Washington, DC 20210, from 9 a.m. to 4 p.m.

Written comments are welcome and may be submitted by addressing them to: Ms. Polin Cohanne, Designated Federal Official, Office of the Assistant Secretary for Veterans' Employment and Training, U.S. Department of Labor, 200 Constitution Avenue, NW., Room S-1313, Washington, DC 20210.

The agenda is open.

The meeting will be open to the public.

Persons with disabilities needing special accommodations should contact Ms. Polin Cohanne at telephone number 202-693-4741 no later than May 24, 2000.

Signed at Washington, DC this May 10, 2000.

Espiridion (Al) Borrego,

Assistant Secretary of Labor for Veterans' Employment and Training.

[FR Doc. 00-12288 Filed 5-15-00; 8:45 am]

BILLING CODE 4510-79-M
QuickLinks
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	 	 	Exhibit 4.61
	

 	 	 




n e w s    r e l e a s e 


 
 

NORANDA COMPLETES PRIVATE PLACEMENT OF PREFERRED SHARES    
  


TORONTO, ONTARIO, April 25, 2003 — Noranda Inc. today announced that it has completed a private
placement of 6,000,000 cumulative preferred shares, Series I, at a price of $25.00 per share for aggregate gross proceeds of $150,000,000. All of the Series I shares were purchased by
Brascan Corporation pursuant to the exercise by Noranda of a put option previously granted by Brascan. 


The
Series I shares carry a quarterly cumulative dividend at a rate of 8% per annum and allow Noranda to pay any portion of any dividend, at its option and subject to regulatory approval, by
issuing common shares of Noranda at the current market price of the common shares on the date of payment. Noranda may, at its option, redeem the Series I shares, in whole or in part, by
(i) payment of $25.00 per share together with all accrued and unpaid dividends up to but excluding the date fixed for redemption, or (ii) at its option at any time after April 24,
2008, delivery of that number of Noranda common shares equal to the redemption price divided by the current market price of the common shares on the redemption date for each preferred share redeemed.
If Noranda redeems any of the Series I shares within 120 days of the date of the their issue, the redemption price payable by Noranda will be reduced by $0.75 per share. Noranda is
required to apply the net proceeds received by it from a subsequent public issue of its equity securities to redeem any of the Series I shares then outstanding. 


Noranda
paid to Brascan a placement fee of $4,500,000 in connection with this offering. The net proceeds from the sale of the Series I shares will be used to repay debt. 


Noranda Inc. is a leading international mining and metals company with more than 48 mining and metallurgical operations and projects under
development in 17 countries. Noranda is one of the world's largest producers of zinc and nickel and is a significant producer of copper, primary and fabricated aluminum, lead, silver, gold, sulphuric
acid and cobalt. Noranda is also a major recycler of secondary copper, nickel and precious metals. Noranda employs over 15,000 people. It is listed on The Toronto Stock Exchange and The
New York Stock Exchange (NRD).


— 30 —



Contact:



	Denis Couture

Vice-President, Communications and

Public Affairs

Noranda Inc.

(416) 982-7020

denis.couture@toronto.norfalc.com

www.noranda.com	 	Lars-Eric Johansson

Executive Vice-President and Chief

Financial Officer

Noranda Inc.

(416) 982-7377

johanssl@noranda.com











QuickLinks


NORANDA COMPLETES PRIVATE PLACEMENT OF PREFERRED SHARES
[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Notices]
[Page 31152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12195]


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

DEPARTMENT OF DEFENSE

Department of the Air Force


Notice of Intent to Grant an Exclusive Patent License

    Pursuant to the provisions of Part 404 of Title 37, Code of Federal 
Regulations, which implements Public Law 96-517, the Department of the 
Air Force announces its intention to grant Killdeer Mountain 
Manufacturing, Inc., a company doing business in Killdeer, North Dakota 
an exclusive license in any right, title and interest the Air Force has 
in AF Invention No. RL10023. The inventors, Frank H. Born, Roy W. 
Stratton and Lamar R. Harris were all government employees at the time 
of the invention. The invention is entitled ``Apparatus and Method for 
Detecting Conduit Chafing.''
    The license described above will be granted unless an objection 
thereto, together with a request for an opportunity to be heard, if 
desired, is received in writing by the addressee set forth below within 
60 days from the date of publication of this Notice. Information 
concerning the application may be obtained, on request, from the same 
addressee.
    All communications concerning this Notice should be sent to Mr. 
Randy Heald, Associate General Counsel (Acquisition), SAF/GCQ, 1500 
Wilson Blvd., Suite 304, Arlington, VA 22209-2310. Mr. Heald can be 
reached at 703-588-5091 or by fax at 703-588-8037.

Janet A. Long,
Air Force Federal Register Liaison Office.
[FR Doc. 00-12195 Filed 5-15-00; 8:45 am]
BILLING CODE 5000-05-U
#### § 102.86 Hearing; posthearing procedure.

The method of conducting the hearing and the procedure following the hearing will be governed, insofar as applicable, by §§ 102.63 through 102.68.

[82 FR 11765, Feb. 24, 2017]
§ 1425.3 Functions of the Service under title VII of the Civil Service Reform Act. ( a ) The service may provide its assistance in any negotiation dispute when earnest efforts by the parties to reach agreement through direct negotiation have failed to resolve the dispute. When the existence of a negotiation dispute comes to the attention of the Service through a specific request for mediation from one or both of the parties, through notification under the provisions of § 1425.2, or otherwise, the Service will examine the information concerning the dispute and if, in its opinion, the need for mediation exists, the Service will use its best efforts to assist the parties to reach agreement.
( b ) The Service may, at the outset of negotiations or at any time in the dispute, set time limits on its participation. If no settlement of the dispute is reached by the expiration of the time limits, the Service may make suggestions for settlement to the parties. If suggestions for settlement made by the Service are not accepted by the parties within time limits set by the Service, the matter may be referred to the Federal Services Impasses Panel (FSIP).