alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### Geology and ground-water resources of the Missouri River valley in northeastern Montana, with a section on the quality of the ground water

By: Frank Albert SwensonW. H. Durum

                            https://doi.org/10.3133/wsp1263

#### Links

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- Plates:                               - **Plate 1**                            (pdf)
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#### Abstract

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Editorial Note on Part 6
Editorial Note: Nomenclature changes to part 6 appear at 61 FR 19984, May 3, 1996.

§ 6.16 Answers. ( a ) Within 30 days after the service of the complaint the respondent shall file an answer with the Chief Administrative Law Judge. The answer shall be signed by the respondent or his/her attorney.
( b ) The answer shall ( 1 ) contain a statement of the facts which constitute the grounds of defense, and shall specifically admit, explain, or deny each of the allegations of the complaint unless the respondent is without knowledge, in which case the answer shall so state; or
( 2 ) state that the respondent admits all of the allegations of the complaint. The answer may contain a waiver of hearing. Failure to file an answer to or plead specifically to any allegation of the complaint shall constitute an admission of such allegation.
( c ) Failure to file an answer shall constitute grounds for waiver of hearing and entry of a default judgment unless respondent shows good cause for such failure to file. In preparing the decision of default judgment the Administrative Law Judge shall adopt as findings of fact the material facts alleged in the complaint and shall order the appropriate relief and/or sanctions.
#### § 779.307 Meaning and scope of “employed by” and “employee of.”

Section 13(a)(2) as originally enacted in 1938 exempted any employee “engaged in” any retail or service establishment. The 1949 amendments to that section, however, as contained in section 13(a)(2) and (4) exempted any employee “employed by” any establishment described in those exemptions. The 1961 and 1966 amendments retained the “employed by” language of these exemptions. Thus, where it is found that any of those exemptions apply to an establishment owned or operated by the employer the employees “employed by” that establishment of the employer are exempt from the minimum wage and overtime provisions of the Act without regard to whether such employees perform their activities inside or outside the establishment. Thus, such employees as collectors, repair and service men, outside salesmen, merchandise buyers, consumer survey and promotion workers, and delivery men actually employed by an exempt retail or service establishment are exempt from the minimum wage and overtime provisions of the Act although they may perform the work of the establishment away from the premises. As used in section 13 of the Act, the phrases “employee of” and “employed by” are synonymous.
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 00-40471

Summary Calendar

 

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

JUAN ANTONIO LOPEZ

Defendant - Appellant

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-99-CR-457-1

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

March 16, 2001

Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Juan Antonio Lopez appeals his jury

conviction for importation of Freon. 18 U.S.C. § 545. Lopez

argues that the district court erred in giving the jury a

“deliberate ignorance” instruction. Having reviewed the record,

we find that there was insufficient evidence to support the

deliberate ignorance instruction. See United States v. Gray,

105 F.3d 956, 967 (5th Cir. 1997). However, the district court’s

error in giving the deliberate ignorance instruction was harmless

because the record contained substantial evidence of actual
No. 00-40471

-2-

knowledge. United States v. Threadgill, 172 F.3d 357, 369 (5th

Cir.), cert. denied, 528 U.S. 871 (1999).

Lopez also argues that the district court abused its

discretion in refusing to give his requested jury instruction on

the mens rea required for violation of 18 U.S.C. § 545. Title 18

U.S.C. § 545 does not require that a defendant have knowledge of

the provisions of the specific law being violated. Because

Lopez’ requested instruction would have required the Government

to prove such knowledge, it was not a correct statement of the

law and the district court did not commit reversible error in

refusing to so instruct the jury. See Babb v. United States, 252

F.2d 702, 708 (5th Cir. 1958).

AFFIRMED.
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 04776

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2File Name3

Description

x 04776\04776_PartA.xls Plant submitted survey file

x 04776\04776_PartB.xls Plant submitted survey file

x 04776\04776_PartC.xls Plant submitted survey file

x 04776\04776_PartD.xls Plant submitted survey file

x 04776\04776_PartH.xls Plant submitted survey file

04776\Certification Statement Plant ID 04776.pdf Plant certification statement

x 04776\Supplemental Documents\04776_Email Correspondence.pdf Follow-up correspondence and materials for the survey.

x x 04776\Supplemental Documents\04776_MAP 1 NS 1.pdf Plant submitted supplemental files to the survey

x 04776\Supplemental Documents\04776_NS 1 WB 1.xls Plant submitted supplemental files to the survey

x 04776\Supplemental Documents\04776_NS 1 WB 2.xls Plant submitted supplemental files to the survey

x 04776\04776_Checklist.xls EPA Technical Review Checklist Workbook

04776\04776_Completeness_Checklist.xls EPA Completeness Review Checklist

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket. 

3

 No hardcopy log is included for this plant as no hardcopy materials were received.
EXHIBIT 32.2

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 Longview Fibre Company (the Company)
on Form 10-K for the period ended December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Form 10-K), I, S. J. Buhaly, Chief Financial Officer, Senior Vice President-Finance, Secretary and
Treasurer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | The Form 10-K fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------



|(2) | The information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------

Dated: February 27, 2007



|                                                                              
|------------------------------------------------------------------------------
|S. J. BUHALY                                                                  
|S. J. BUHALY,                                                                 
|Chief Financial Officer, Senior Vice President-Finance,Secretary and Treasurer
#### Brian A. Steele, Jr., an Infant, by His Father and Natural Guardian, Brian A. Steele, Sr., et al., Appellants, v Town of Hempstead et al., Respondents.

[698 NYS2d 875]

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Joseph, J.), dated September 28, 1998, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The court correctly granted the defendants’ motion for sum*452mary judgment dismissing the complaint. The roadway on which the infant plaintiff allegedly sustained his injuries was under construction. The fact that its condition was open, obvious, and readily observable by the reasonable use of one’s senses *(see, Ackermann v Town of Fishkill,*201 AD2d 441; *Laluna v DGM Partners,*234 AD2d 519; *Paulo v Great Atl. & Pac. Tea Co.,*233 AD2d 380) precludes a finding of liability based on the alleged failure to post warnings.

The plaintiffs’ remaining contentions are without merit. Altman, J. P., Florio, H. Miller and Schmidt, JJ., concur.
III 

110TH CONGRESS 

1ST SESSION S. RES. 130 

Designating July 28, 2007, as ‘‘National Day of the American Cowboy’’. 

IN THE SENATE OF THE UNITED STATES 

MARCH 28, 2007 

Mr. THOMAS (for himself, Mr. CRAIG, Mr. INHOFE, Mr. SALAZAR, Mr. ENSIGN, Mr. BENNETT, Mr. STEVENS, Mr. CORNYN, Ms. LANDRIEU, Mr. 

BAUCUS, Mr. ALLARD, Mr. BINGAMAN, Mr. DORGAN, Mr. DOMENICI, 

Mrs. MURRAY, Mr. CRAPO, Mr. ENZI, and Mr. HATCH) submitted the following resolution; which was referred to the Committee on the Judiciary 

RESOLUTION 

Designating July 28, 2007, as ‘‘National Day of the 

American Cowboy’’. 

Whereas pioneering men and women, recognized as cowboys, 

helped establish the American West; 

Whereas that cowboy spirit continues to infuse the Nation 

with its solid character, sound family values, and good 

common sense; 

Whereas the cowboy embodies honesty, integrity, courage, 

compassion, respect, a strong work ethic, and patriotism; 

Whereas the cowboy loves, lives off of, and depends on the 

land and its creatures, and is an excellent steward, protecting and enhancing the environment; 


CCOLEMAN on PROD1PC60 with BILLS
2 

•SRES 130 IS 

Whereas the cowboy continues to play a significant role in the 

culture and economy of the United States; 

Whereas approximately 800,000 ranchers in all 50 States are 

conducting business and contributing to the economic 

well-being of nearly every county in the Nation; 

Whereas rodeo is the sixth most-watched sport in the United 

States; 

Whereas membership in rodeo and other organizations encompassing the livelihood of a cowboy transcends race 

and sex and spans every generation; 

Whereas the cowboy is an American icon; 

Whereas to recognize the American cowboy is to acknowledge 

the ongoing commitment of the United States to an esteemed and enduring code of conduct; and 

Whereas the ongoing contributions made by cowboys to their 

communities should be recognized and encouraged: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) designates July 28, 2007, as ‘‘National Day 

3 of the American Cowboy’’; and 

4 (2) encourages the people of the United States 

5 to observe the day with appropriate ceremonies and 

6 activities. 

Æ 


CCOLEMAN on PROD1PC60 with BILLS
#### § 776.25 Regular and recurring activities as basis of coverage.

Regular and recurring may mean a very small amount and is not to be determined by volume or percentages. Coverage depends on the character rather than the volume of the employee's activities. For example, if an employee in the course of his duties regularly engages in covered work even though the covered work constitutes only a small part of his duties, he would be covered in any week when he performs such covered work.[14]

###### Footnotes -
  776.25

[14] *Walling* v. *Jacksonville Paper Co.,* ante; *Mabee* v. *White Plains Publishing Co.,* 327 U.S. 178.
EXHIBIT 11





STATEMENT RE: COMPUTATION OF EARNINGS PER SHARE





LOSS PER SHARE





Computation of loss per share  (in thousands, except per share data)





|                                                                                                                          |  | Three    months ended March 31, |       
|------------------------------------------------------------------------------------------------------------------------- |  | ------------------------------- | ------
|                                                                                                                          |  |                                 |       
|                                                                                                                          |  | 2004                            |       
|                                                                                                                          |  |                                 |       
|Net loss                                                                                                                  |  | $                               | (864  
|                                                                                                                          |  |                                 |       
|Weighted    average shares of common stock outstanding                                                                    |  |                                 | 58,380
|Weighted    average shares of common stock held for former Women.com stockholders not yet    tendered                     |  |                                 | 61    
|Weighted    average shares of common stock held for former Promotions.com stockholders    not yet tendered                |  |                                 | 2     
|                                                                                                                          |  |                                 |       
|Adjusted    weighted average shares of common stock outstanding used in computing basic    and diluted net loss per share |  |                                 | 58,443
|                                                                                                                          |  |                                 |       
|Basic and    diluted net loss per share                                                                                   |  | $                               | (0.01 
|                                                                                                                          |  |                                 |       




---
REGULATORY EVALUATION

Directorate Identifier: 2013-NM-175-AD

Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES ( ) explain NO (X)

DOT Regulatory Policies and Procedures:

Is the AD significant?

YES ( ) explain NO (X)

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities?

YES ( ) explain NO (X)

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific 

requirements for aircraft operated in Alaska, where aviation might be the only mode of 

transportation?

YES ( ) explain NO (X)
From: "Frey, Nathan J." <Nathan_J._Frey@omb.eop.gov>

To: Kevin Culligan/DC/USEPA/US@EPA, Peter Tsirigotis/RTP/USEPA/US@EPA, RobertJ 

Wayland/RTP/USEPA/US@EPA

Cc: "Mancini, Dominic J." <Dominic_J._Mancini@omb.eop.gov>, "Laity, Jim" 

<James_A._Laity@omb.eop.gov>

Date: 03/26/2012 11:27 AM

Subject: Interagency Comments Under EO 12866/13563 -- GHG NSPS proposed rule

Attached please find a summary of interagency comments under EO 12866/13563 

regarding the EGU GHG NSPS proposed rule. Please let me know if you have any 

questions.

 

Summary of Interagency Comments under EO 12866 13563__EGU NSPS_3.26.docx

 

Summary of Interagency Comments Under EO 12866_13563 EGU NSPS preamble redline 032612.docx
c59473_ex10-1.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing




Exhibit 10.1


		Employment Term Sheet

      Richard K. Schoebel

      November 17, 2009







 

		
	
Employee:		
Richard K. Schoebel	
	 	
	
Title:		
Chief Operating Officer	
	 	
	
Start Date:		
November 30, 2009	
	 	
	
Base Salary:		
$275,000.00	
	 	
	
Bonus:		
Annual bonus between 0% and 100% of the annual Base Salary	
	 	
	
Restricted Stock:		
35,000 share grant – vesting over 5-years	
	 	
	
Stock Options:		
35,000 share grant – vesting over 5-years	
	 	
	
Automobile Allowance:		
$1,500 / per month	
	 	
	
Benefits:				
Entitled to participate in all of the Company’s employee benefit plans
and programs on substantially the same terms and conditions as other senior executives.
	 	
	
Death / Disability:		
Substantially consistent with the terms and conditions
of the death and disability provisions of John Roche’s employment contract.	
	 	
	
Termination /
Non-Renewal /

Change
of Control:	
Substantially consistent with the terms and conditions
of the termination / non-renewal / change of control provisions of John Roche’s
employment contract.	
	 	
	
Employment Contract:					
      Initial term of 3 years. 

Terms and conditions of Employment Contract
          to be substantially consistent with the terms and conditions of the
    employment contract entered into between John Roche and the Company.

	 	
	
Relocation Expenses:							
      Six months of living expenses at $5,000/ per month.

$20,000
        reimbursement of moving and travel expenses to relocate to New York
        metro area. In the event Richard Schoebel voluntarily terminates his
        employment during the initial 24-months of employment he will be obligated
        to refund to the Company the unamortized portion of the Relocation
    Expenses.






Agreed to and accepted this 17 day of November, 2009.


Retail Opportunity Investments Corp.

			
	
/s/ Stuart A. Tanz                              
		
/s/ Richard K. Schoebel                              
	
	
By:		
Stuart A. Tanz		
Richard K. Schoebel
	
	
Its:		
Chief Executive Officer		 

	



			
	
Retail Opportunity Investments Corp.	
	
Ph: (914) 272-8080
3 Manhattanville Road, 2nd Floor,
Purchase, NY 10577
 Fax: (914) 272-8088	
	
      Ph: (760) 599-7000 1750 La Costa Meadows Drive,
San Marcos, CA 92078 Fax: (760) 599-7007
#### § 503.2 Territory of Guam.

This part does not apply to temporary employment in the Territory of Guam. The Department of Labor does not certify to DHS the temporary employment of nonimmigrant foreign workers or enforce compliance with the provisions of the H-2B visa program in the Territory of Guam.
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*Industrial-Injury Statistics by States : Bulletin of the United States Bureau of Labor Statistics, No. 700*,												Washington, D.C: 								U.S. G.P.O., 										1942,									https://fraser.stlouisfed.org/title/4194,			accessed on September 25, 2024.						    

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#### § 503.8 Accuracy of information, statements, data.

Information, statements, and data submitted in compliance with 8 U.S.C. 1184(c), INA section 214(c), or the regulations in this part are subject to 18 U.S.C. 1001, which provides, with regard to statements or entries generally, that whoever, in any matter within the jurisdiction of any department or agency of the U.S., knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, will be fined not more than $250,000 or imprisoned not more than 5 years, or both.