alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>



<ARTICLE>                     5
       
<S>                                                    <C>  
<PERIOD-TYPE>                                          3-MOS
<FISCAL-YEAR-END>                                      Dec-31-1998
<PERIOD-END>                                           Jun-30-1998
<CASH>                                                      25,010   
<SECURITIES>                                                22,740
<RECEIVABLES>                                                    0
<ALLOWANCES>                                                     0
<INVENTORY>                                                      0
<CURRENT-ASSETS>                                            48,322 
<PP&E>                                                      30,786
<DEPRECIATION>                                              26,715
<TOTAL-ASSETS>                                              56,966
<CURRENT-LIABILITIES>                                       10,008
<BONDS>                                                          0
<COMMON>                                                        21
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<OTHER-SE>                                                  21,303
<TOTAL-LIABILITY-AND-EQUITY>                                56,966
<SALES>                                                          0
<TOTAL-REVENUES>                                                37
<CGS>                                                            0
<TOTAL-COSTS>                                                    0
<OTHER-EXPENSES>                                            14,374
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                             887
<INCOME-PRETAX>                                            (14,163)
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                        (14,163)
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                               (14,163)
<EPS-PRIMARY>                                                (0.34)
<EPS-DILUTED>                                                (0.34)
        




</TABLE>
#### § 24.115 Special circumstances; waiver of rules.

In special circumstances not contemplated by the provisions of this part, or for good cause shown, the ALJ or the ARB on review may, upon application, after three days notice to all parties, waive any rule or issue any orders that justice or the administration of any of the statutes listed in § 24.100(a) requires.
#### GEORGE E. KEENE v. JAMES S. MASTERMAN and Another.1

October 20, 1896.

Nos. 10,250 — (165).

Dismissal of Action — Conflicting Evidence.

*Held,*on the evidence, it was error to dismiss the ease on motion of defendants at the close of plaintiff’s evidence.

Defect in Pleading — Waiver.

Rule applied that a defect in pleading is waived by voluntarily litigating the question on the trial.

Appeal by plaintiff from an order of the municipal court of Mankato, Shissler, J., denying a motion for a new trial.

Reversed.

*73*William FT. Ph/mat,*for appellant.

*Benedict c& FUttie*and *A. J. Staelepole,*for respondents.

1

 Repotted in 68 N. W. 771.

CANTY, J.

This case was tried by the court without a jury, and, when plaintiff closed his evidence and rested, was dismissed by the court, on the motion of defendants.

1. We are of the opinion that this was error. Plaintiff claims that lie performed certain services for the defendants, Masterman and ¡Swenson, at their request, and that they promised to pay him therefor. Their claim is that they were simply acting as the agents of the Central Publishing Company, a corporation, when they employed plaintiff, which he well knew. A part of plaintiff’s own testimony tends to prove the one claim, and a part of it tends to prove the other. If the case had been finally submitted to the trial court to find the facts on this evidence, the court would have been warranted in finding as defendants claim the facts to be. But the court would also have been warranted in finding as plaintiff claims the facts to be. Where the evidence of a witness is conflicting, inconsistent, •or contradictory, as in this case, it cannot be disposed of by ruling-on it as a question of law, but must be submitted to the jury or court to try the facts and ascertain what is the truth.

2. The point is made that the complaint does not allege that the defendants were partners, and it is contended that for this reason the court did not err in dismissing the case. When and how partnership should be alleged in a pleading, we will not now consider. It is only necessary to say that defendants made no such point on the trial, but the evidence of the joint promises and transactions of ■defendants were all received without objection.

The order appealed from is reversed, and a new trial granted.
§ 4050.104 Diligent search. ( a ) *Search requirement.* The plan administrator of a subpart A plan must, within the time frame described in paragraph (d) of this section, have diligently searched for each distributee of the plan whose location the plan administrator does not know with reasonable certainty upon close-out, using one of the following two methods: ( 1 ) For any distributee, regardless of the size of the distributee's benefit, the commercial locator service method described in paragraph (b) of this section; or
( 2 ) For a distributee whose normal retirement benefit is not more than $50 per month, the records search method described in paragraph (c) of this section.
( b ) *Commercial locator service method* — ( 1 ) *In general.* Using the commercial locator service method means paying a commercial locator service to search for information to locate a distributee.
( 2 ) *Meaning of “commercial locator service.”* For purposes of this section, a commercial locator service is a business that holds itself out as a finder of lost persons for compensation using information from a database maintained by a consumer reporting agency (as defined in 15 U.S.C. 1681a(f)).
( c ) *Records search method* — ( 1 ) *In general.* Using the records search method means searching for information to locate a distributee by doing all of the following to the extent reasonably feasible and affordable: ( i ) Searching the records of the plan for information to locate the distributee.
( ii ) Searching the records of the plan's contributing sponsor that is the most recent employer of the distributee for information to locate the distributee.
( iii ) Searching the records of each retirement or welfare plan of the plan's contributing sponsor in which the distributee was a participant for information to locate the distributee.
( iv ) Contacting each beneficiary of the distributee identified from the records referred to in paragraphs (c)(1)(i), (ii), and (iii) of this section for information to locate the distributee.
( v ) Using an internet search method for which no fee is charged, such as a search engine, a network database, a public record database (such as those for licenses, mortgages, and real estate taxes) or a “social media” website.
( 2 ) *Limits on method.* For purposes of this section— ( i ) Searching is not feasible to the extent that, as a practical matter, it is thwarted by legal or practical lack of access to records, and
( ii ) Searching is not affordable to the extent that the cost of searching (including the value of labor) is more than a reasonable fraction of the benefit of the distributee being searched for. In no event would searching need to be pursued beyond the point where the cost equals the value of the benefit.
( d ) *Time frame.* A search for a distributee under this section must have been made within nine months before a filing is made under § 4050.105 identifying the distributee as a missing distributee.
#### § 91.311 Towing: Other than under § 91.309.

No pilot of a civil aircraft may tow anything with that aircraft (other than under § 91.309) except in accordance with the terms of a certificate of waiver issued by the Administrator.
§ 4050.405 Filing with PBGC. ( a ) *What to file.* The plan sponsor of a subpart D plan must file with PBGC the information specified in the missing participants forms and instructions and, for a missing distributee referred to in § 4050.403(a)(2), payment of— ( 1 ) The benefit transfer amount for the missing distributee;
( 2 ) If the benefit transfer amount is paid more than 90 days after the benefit determination date, interest on the benefit transfer amount computed at the missing participants interest rate for the period beginning on the 90th day after the benefit determination date and ending on the date the benefit transfer amount is paid to PBGC; and
( 3 ) Any fee provided for in the missing participants forms and instructions.
( b ) *When to file.* The plan sponsor must file the information and payments referred to in paragraph (a) of this section in accordance with the missing participants forms and instructions. Payment of a benefit transfer amount will, if considered timely made for purposes of this paragraph (b), be considered timely made for purposes of part 4041A of this chapter.
( c ) *Place, method and date of filing; time periods.* ( 1 ) For rules about where to file, see § 4000.4 of this chapter.
( 2 ) For rules about permissible methods of filing with PBGC under this subpart, see subpart A of part 4000 of this chapter.
( 3 ) For rules about the date that a submission under this subpart was filed with PBGC, see subpart C of part 4000 of this chapter.
( 4 ) For rules about any time period for filing under this subpart, see subpart D of part 4000 of this chapter.
( d ) *Supplemental information.* Within 30 days after a written request by PBGC (or such other time as may be specified in the request), the plan sponsor of a subpart D plan required to file under paragraph (a) of this section must file with PBGC supplemental information for any proper purpose under the missing participants program.
( e ) *Reliance.* As administrator of the missing participants program, PBGC will rely on determinations made and information reported by plan sponsors in connection with the program. This reliance does not affect PBGC's authority as administrator of the title IV insurance program to audit or make inquiries of subpart D plans, including about the amount to which a missing distributee may be entitled.
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#### § 18.1003 Admissibility of duplicates.

A duplicate is admissible to the same extent as an original unless a genuine question is raised as to the authenticity of the original, or in the circumstances it would be unfair to admit the duplicate in lieu of the original.
#### In the Matter of the Claim of James O’Brien, Respondent, against Shore Road Hospital et al., Appellants. State Industrial Board, Respondent.

Argued September 28, 1937;

decided October 12, 1937.

*571
      *Harry Wareham*and *Frank L. Ward*for appellants.

*William M. Steinberg*for claimant, respondent.

Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
#### SEWARD v NAT SURETY CO

Ohio Supreme Court

No. 21219.

Decided Feb 27, 1929

Syllabus by

KINKADE, J.

OFFICE & OFFICERS

(400 P5) It is the duty of a poastmaster to keep safely all moneys that may come into his hands by virtue of his official position, and to account for and disburse the same as required by law and by the rules of the United St&fes Post Office Department, promulgated pursuant to authority conferred by acts of congress.

When called upon to account for moneys that have come into his hands in his official capacity, it is not a sufficient answer to say that the moneys,, have been stolen or embezzled by others, without fault or negligence on the part of the postmaster.

GUARANTY

(280 S2) The official bond given by a postmaster, with surety, obligating him to faithfully perform all the duties of the office to which he has been appointed, embraces the duty to account for and disburse the moneys that have come into his hands according to law.

(280 Sb) A compensated surety on a postmaster’s official bond, in the event of the failure of the postmaster to account for and disburse the money according to law, may pay to the government the balance due from the postmaster, and will thereby be subrogated to the right of the principal creditor, the government, in an action to recover the amount so paid by the surety.

■ In such action, when a postmaster admits the receipt of the money and offers only in justification of his refusal to account for and disburse the same according to law, that it has been embezzled by others, without negligence on his part, the subrogated surety is entitled to a directed verdict in its favor.

TRIAL

(590 E31) Courts take judicial notice of orders promulgated by the departments of government pursuant to acts of congress conferring, authority so to promulgate rules.

Marshall, CJ, Robinson, Jones, Matthias, Day and Allen, JJ, concur.
Natural Gas Adoption Increases Slowly, ACT 

Reports 

September 17, 2014 

A natural gas fueling station getting ready to open. Photo: Evan Lockridge 

ACT Research published a new report that shows natural gas adoption in the heavy-duty truck 

market has grown but at a slower rate than predicted. 

In 2014, natural-gas-powered trucks had continued growth in unit sales, but the rate was about 

the same as the growth in the truck market as a whole. Sales for 2014 are expected to total 

11,000 units, which is up 27% from 2013. 

"Expectations have fallen from our initial analysis," said Ken Vieth, general manager at ACT. 

"Factors contributing to the shifting ROI results include the price of diesel and meaningful 

improvements in overall fuel economy." 

The report also found that the large price gap between natural gas and diesel vehicles and early 

stage infrastructure build-out remain barriers for the market. 
"The chicken and egg issue of infrastructure is being solved, albeit slowly, but the price of 

natural-gas-powered equipment still needs to be addressed, and this won't be solved overnight," 

said Vieth. "That's why we call it an evolution and not a revolution." 

The study also asked trucking industry leaders to look to the longer term future of natural gas 

and offered insights based on extensive interviews, research and analysis. Participants in the 

study included manufacturers, suppliers, fleet operators, the fueling industry and other interested 

parties.
X8+ Octocopter

Our 3DR workhorse octocopter is equal to any task. With a flight time of 15 minutes and a payload 

capacity of over 800 grams, the X8+ is the perfect platform for aerial video.

The X8+ includes

Controller with live on-screen flight data

Flight battery and charger

Operation Manual and Flight Checklist

Ground station radio with USB and Android adapters
Specs:

Battery: 4S 14.8V 10,000 mAh 10C

Battery Dimensions: 6.6 in x 2.6 in x 1.4 in (16.7 cm x 6.5 cm x 3.5 cm) 

Battery Weight: 803 g

Autopilot hardware: Pixhawk v2.4.5

Autopilot firmware: ArduCopter 3.2

GPS: 3DR u-blox GPS with Compass (LEA-6H module, 5 Hz update) 

Ground Station Radio: 3DR Radio v2 (915 MHz or 433 MHz)

Motors: SunnySky V2216-12 KV800 II (The images above show conical nuts; X8+ ships with hex 

nuts.)

Controller: FlySky FS-TH9X with FrSky telemetry module

Frame Type: X

Propellers: APC Propeller 11x4.7 SF (4), APC Propeller 11x4.7 SFP (4) 

Vehicle Dimensions: 13.7 in x 20.1 in x 11.8 in (35 cm x 51 cm x 20 cm)

Payload Capacity: 800 g (1.7 lbs). Additional payload possible up to over 1kg with reduced flight 

time.

Vehicle Weight with Battery: 2.56 kg (5.6 lbs) 

Maximum Estimated Flight Time: 15 min

Frequency: Ground station radios allow you to communicate with your aircraft wirelessly in flight. 

For the US, select 915 MHz. Frequency regulations vary by country, so consult your local airspace 

communication authority if you're uncertain which frequency is legal in your area.

Extra batteries: The X8+ includes one flight battery. Select this option to extra batteries to your order.

LiveView for GoPro: Select this option to stream live video from a GoPro HERO onto a wireless 

monitor attached to your X8+ controller. This kit includes a video transmitter, monitor/receiver, 

cloverleaf antennas, and mounting bracket.

Extra propellers: The X8+ includes one set of eight propellers. Select this option to add two extra 

propellers to your order.

Camera gimbal: The Tarot T-2D brushless gimbal uses cutting-edge two-axis stabilization technology to 

ensure great, stable video in any flight condition. The gimbal comes pre-configured and tuned for a smooth

out-of-the-box experience. The kit includes: a pre-assembled Tarot gimbal, a mounting plate, and required

cables and hardware.

Case: Select this option to add a travel case for your X8+. Please note that the case ships separately from 

the X8+, and will fit up to 3 X8+ batteries.

GoPro HERO: Select this option to receive a Go-Pro HERO3+ Silver with your X8+! Please note that 

we cannot ship GoPro internationally. When using a GoPro with X8+, please ensure that the WiFi is 

turned off; this can cause interference between the X8+ and the controller.

Frequency:

915 MHz
§ 1921.8 Consent findings and order. ( a ) *General.* At any time after the issuance of a complaint and prior to the receiption of evidence in any proceeding, the respondent may move to defer the receipt of any evidence for a reasonable time to permit negotiation of an agreement containing consent findings and an order disposing of the whole or any part of the proceeding. The allowance of such deferment and the duration thereof shall be in the discretion of the hearing examiner, after consideration of the nature of the proceeding, the requirements of the public interest, the representations of the parties, and the probability of an agreement being reached which will result in a just disposition of the issues involved.
( b ) *Content.* Any agreement containing consent findings and an order disposing of a proceeding shall also provide: ( 1 ) That the order shall have the same force and effect as an order made after full hearing;
( 2 ) That the entire record on which any order may be based shall consist solely of the complaint and the agreement;
( 3 ) A waiver of any further procedural steps before the hearing examiner or the Director; and
( 4 ) A waiver of any right to challenge or contest the validity of the findings and order entered into in accordance with the agreement.
( c ) *Submission.* On or before the expiration of the time granted for negotiations, the parties or their counsel may: ( 1 ) Submit the proposed agreement to the hearing examiner for his consideration; or
( 2 ) Inform the hearing examiner that agreement cannot be reached.
( d ) *Disposition.* In the event an agreement containing consent findings and an order is submitted within the time allowed therefor, the hearing examiner within 30 days thereafter shall accept such agreement by issuing his decision based upon the agreed findings.
#### § 301.9 Awards.

All awards of the Adjustment Board shall be signed by order of the appropriate Division thereof and shall be attested by the signature of its Secretary, as indicated thus:

national railroad adjustment board,

By Order of_____Division

Attest:__________

[Secretary]
#### The People of the State of New York ex rel. John U. Troy, Appellant, against Mark Graves et al., Constituting the State Tax Commission of the State of New York, Respondents.

Argued September 30, 1937;

decided October 19, 1937.

*Clarence W. Nutt*and *Rolland L. Nutt*for appellant.

*John J. Bennett, Jr., Attorney-General (Joseph M. Mesnig*of counsel), for respondents.

Order affirmed, with costs; no opinion.

Concur: Crane, Ch. J.,- Lehman, O’Brien, Hubbs, Loeghran, Finch and Rippey, JJ.
#### § 4219.20 Information collection.

The information collection requirements contained in §§ 4219.16, 4219.17, and 4219.18 have been approved by the Office of Management and Budget under control number 1212-0034.

[61 FR 34102, July 1, 1996. Redesignated at 68 FR 61356, Oct. 28, 2003]