alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
No. 11-1151.

#### Sonic Automotive, Inc., dba Century BMW *v.*Watts et al.

Sup. Ct. S. C. Certiorari denied.
#### A & Z Chain Company *vs.*Superior Court. Rossman, Inc. *vs.*Same.

APRIL 18, 1947.

Present : Flynn, C. J., Moss, Capotosto, Baker and Condon, JJ.

*426Per Curiam.

These two petitions praying for writs of *certiorari*were brought by the defendants below to quash certain orders entered in the superior court granting in each case the plaintiff’s petition to require the defendant to produce for examination certain documents. It is alleged that the orders complained of were entered without the production of evidence as required by general laws 1938, chapter 538, §8. Both petitions raise the same issue of law and were heard together in this court on orders to show cause why the petitions should not be granted.

In our opinion these petitions are governed by the case of *Broadway Furniture Co.*v. *Superior Court,*123 A. 566. On the authority of that case an order for the production of documents, under G. L. 1938, chap. 538, §8, may be entered after a hearing upon suitable petition, answer and evidence. At the hearing before us it appeared that the orders in question were entered, through a misunderstanding as to the real status of the record as to evidence, without the taking of any testimony and without any agreement or stipulation, written or oral, between the parties as to facts that might be considered by the court as evidence.

In these circumstances we are of the opinion that the order of the superior court, granting the plaintiff’s petition in each case to require the defendant to produce for examination certain books, records or documents, was erroneously entered and should be quashed. The parties, however, because of such misunderstanding, will be entitled to have the petitions heard *de novo*in the superior court upon legal evidence as provided by the above-mentioned statute.

*427
      *Judah C. Semonoff,*for petitioners.

*Albert Lisker,*for respondent.

The prayer of the petition for a writ of *certiorari*in each case is granted, each order in question is quashed, and each case is remitted to the superior court for further proceedings.
Editorial Note on Part 36
Editorial Note: Nomenclature changes to part 36 appear at 74 FR 23956, May 22, 2009, 77 FR 30411, May 23, 2012, 82 FR 25538, June 2, 2017, and corrected at 83 FR 4153, Jan. 30, 2018. Nomenclature changes to part 36 also appear at 83 FR 63587, Dec. 11, 2018, and 84 FR 4360, Feb. 15, 2019.

§ 36.102 General. ( a ) This section contains an outline of the procedures used in the assignment of Telecommunications Plant in Service—Account 2001 to categories and the apportionment of the cost assigned to each category among the operations.
( b ) The treatment of rental plant is outlined in §§ 36.2(c) through 36.2(e). If the amount of such plant is substantial, the cost may be determined by using the general procedures set forth for the assignment of the various kinds of property to categories.
( c ) The amount of depreciation deductible from the book cost or “value” is apportioned among the operations in proportion to the separation of the cost of the related plant accounts.
§ 400.10 Closeout. ( a ) *Expiration of the right to incur costs.* The right to incur costs under this part will expire as of the end of the period of performance. The grant recipient and its subrecipients and contractors may not incur costs for Federal reimbursement past the expiration date.
( b ) *Final submissions.* Within 90 days after the completion of projects and activities funded under this part, but in no event later than the expiration date identified in paragraph (a) of this section, each grant recipient must submit— ( 1 ) A final voucher for the costs incurred. The final voucher constitutes the final financial reconciliation for the grant award.
( 2 ) A final report to NHTSA, following the procedures of 2 CFR 200.343(a).
( c ) *Disposition of unexpended balances.* Any funds that remain unexpended after closeout shall cease to be available to the recipient and shall be returned to the government.
No. 11-5416.

#### Burl *v.*Dotson, Warden.

C. A. 6th Cir. Cer-tiorari denied.
<TABLE> <S> <C>

<PAGE>
 

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM CHIREX INC. SEPTEMBER
30, 1997 FINANCIAL STATEMENTS FILED ON FORM 10-Q AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FROM 10-Q.
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<ALLOWANCES>                                         0
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<PP&E>                                         122,907
<DEPRECIATION>                                  71,273
<TOTAL-ASSETS>                                 131,558
<CURRENT-LIABILITIES>                           28,979
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<TOTAL-REVENUES>                                46,663
<CGS>                                           34,778
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<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                                  75
<INCOME-PRETAX>                                 (2,012)
<INCOME-TAX>                                      (516)
<INCOME-CONTINUING>                             (1,496)
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§ 76.42 In-kind contributions. ( a ) In-kind, cable-related contributions are “franchise fees” subject to the five percent cap set forth in 47 U.S.C. 542(b). Such contributions, which count toward the five percent cap at their fair market value, include any non-monetary contributions related to the provision of cable service by a cable operator as a condition or requirement of a local franchise, including but not limited to: ( 1 ) Costs attributable to the provision of free or discounted cable service to public buildings, including buildings leased by or under control of the franchising authority;
( 2 ) Costs in support of public, educational, or governmental access facilities, with the exception of capital costs; and
( 3 ) Costs attributable to the construction of institutional networks.
( b ) In-kind, cable-related contributions do not include the costs of complying with build-out and customer service requirements.
[84 FR 44750, Aug. 27, 2019]
547 S.E.2d 529

#### DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION, BOARD FOR ASBESTOS AND LEAD, Appellant, v. ABATECO SERVICES, INC., Appellee. Abateco Services, Inc., Appellant, v. Department of Professional And Occupational Regulation, Board For Asbestos And Lead, Appellee.

Record Nos. 1719-99-2, 1780-99-2.

Court of Appeals of Virginia.

June 19, 2001.

John B. Purcell, Jr., Assistant Attorney General (Mark L. Earley, Attorney General; Richard B. Zorn, Senior Assistant *645Attorney General, on briefs), for Department of Professional and Occupational Regulation, Board for Asbestos and Lead.

Joseph W. Kaestner, Richmond (Kaestner, Pitney & Jones, on briefs), for Abateco Services, Inc.

Before: FITZPATRICK, C.J., and BENTON, WILLIS, ELDER, BRAY, ANNUNZIATA, FRANK, HUMPHREYS and CLEMENTS, JJ.

UPON A REHEARING EN BANC

By published opinion dated, September 26, 2000, a divided panel of this Court reversed and remanded the decision of the trial court as to Record Number 1719-99-2, and affirmed the decision of the trial court as to Record Number 1780-99-2. *Department of Professional and Occupational Regulation, Board for Asbestos and Lead v. Abateco Services, Inc.*and *Abateco Services, Inc. v. Department of Professional and Occupational Regulation, Board for Asbestos and Lead,*33 Va.App. 473, 534 S.E.2d 352 (2000). We stayed the mandates of that decision and granted rehearing *en banc.*

Upon rehearing *en banc,*it is ordered that the stay of the September 26, 2000 mandates is lifted, and the judgment of the trial court is reversed and remanded as to Record Number 1719-99-2 and affirmed as to Record Number 1780-99-2 for the reasons set forth in the majority panel opinion.

Judges Benton and Annunziata dissent for the reasons set forth in the panel dissent. *See id.*at 484-94, 534 S.E.2d at 358-63.

This order shall be published and certified to the trial court.
§ 302-5.103 What modes of transportation may we authorize for a househunting trip? ( a ) When the new official station is less than 250 miles from the old official station, the required mode of transportation is POV, unless there are reasons for not using a POV that are acceptable to the you (e.g., traveler is physically impaired, does not own or lease a POV, has only one POV which is used for family transportation, or the POV is not roadworthy for such a trip). Reimbursement for POV mileage is at the rate prescribed in § 302-4.300 of this subchapter.
( b ) When the new official station is 250 miles or more from the old official station, the preferred mode of transportation is common carrier. However, you may authorize the use of POV for a househunting trip longer than 250 miles, provided you complete a written cost comparison in accordance with § 302-5.14(b).
[FTR Amdt. 2011-01, 76 FR 18337, Apr. 1, 2011]
###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear at 63 FR 54077, Oct. 8, 1998.

#### § 2.407 National defense; emergency authorization.

The Federal Communications Commission may authorize the licensee of any radio station during a period of national emergency to operate its facilities upon such frequencies, with such power and points of communication, and in such a manner beyond that specified in the station license as may be requested by the Army, Navy, or Air Force.
<PAGE>

Exhibit 99.1


                        CERTIFICATION OF CEO 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 Quarterly Report of MIV Therapeutics, Inc. (the
"Company") on Form 10-QSB/A for the three months ending November 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), Alan P. Lindsay, as President and Chief Executive Officer of the
Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge,
that:

(1)      The Report fully complies with the requirements of section 13(a) 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/Alan Lindsay
--------------
Alan P. Lindsay
President and CEO
April 21, 2004
## May 27, 2009

Dear Owner/Resident:
A Lead Based Paint (LBP) assessment was recently performed on your property by the U.S. Environmental Protection Agency (EPA) as part of the Omaha Lead Superfund Site investigation. The purpose of this assessment is to determine whether a significant quantity of lead based paint is present on the exterior surface of structures, where deteriorating paint conditions (peeling, flaking, cracking, etc.) exist that might increase lead concentrations in the yard above acceptable levels. As requested, enclosed are the LBP assessment sheets for 2101 S 33 ST along with a LBP Fact Sheet. The EPA is currently developing paint stabilization eligibility criteria and at this time can not identify which homes will ultimately be eligible for EPA-funded paint stabilization. At present, paint stabilization is being offered at only those households with the most severe LPB problems, particularly where children under the age of 7 reside. The EPA stresses the importance of maintaining painted surfaces where any amount of LBP is present. The LBP Fact Sheet provides information pertaining to the EPA’s Exterior LBP Response Program. Once the eligibility criterion is finalized (and if your property qualifies) a representative from EPA or the Omaha Lead Hazard Control Program (LHCP) will contact you to arrange for paint stabilization at your property. Exposure to lead contamination can adversely affect the development and behavior of young children. If you have children less than seven years of age living in your home, we strongly recommend that you contact your doctor or the Douglas County Health Department at (402) 444-7825 and arrange to have their blood tested. If you have any questions or concerns, please contact the EPA Public Information Center at (402) 731-3045.

Sincerely,

Steve M Langum

Black & Veatch Special Projects Corp. 6601 College Blvd. Overland Park, KS 66211 USA Telephone: 913-458-2900

### Omaha Lead Site LBP Assessment
LEGEND: H 

# - N 

# - P 

# - 01 

# - 18229 Samples Analyzed 

## 1 1 

# 1 1 BVlD Number 

# I

- Sample Number XRF Unk 

### 7 

## 70 'Z Book: 

## 232 

# ; I 1 Date 

## 4/3/09 ~ime.g~3~ L -Mater~al P = Pamt -3de of Structure N = North S = South E = East W =West staff: 

# PE. VXILL

I Sample Number Lead Loading StructureIFeature Substrate Color Deteriorated (Window, stdlng, porch, etc ) (Wood, concrete, etc ) Area

# 1111111 11111 1111111111 11111 1111 1111 1 

# a29 Omaha Lead Site North Arrow Address: 2101 S 33 ST

--

. - -

.. - - - - - .- -

. - 

### Site Sketch



## - LBP Assessment 7, A LT Phone:L--

- - -

- Plan View 

# - lndicate number 

### of stories and perimeter dimensions of structure lndicate reaions of deterioration and describe blistering andior peeling)
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----

            COMMISSION REGULATION (EC) No 969/2005

of 23 June 2005         

fixing the maximum export refund on barley in connection with the invitation to tender issued in Regulation (EC) No 1757/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

For tenders notified on 17 to 23 June 2005, pursuant to the invitation to tender issued in Regulation (EC) No 1757/2004, the maximum refund on exportation of barley shall be 12,94 EUR/t.

Article 2

This Regulation shall enter into force on 24 June 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 23 June 2005.

For the Commission

Mariann FISCHER BOEL            

Member of the Commission

----

(1)OJ L 270, 21.10.2003, p. 78.

(2)OJ L 313, 12.10.2004, p. 10.

(3)OJ L 147, 30.6.1995, p. 7. Regulation as last amended by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

----
exv10w3



 






EXHIBIT 10.3




2007

KEY EXECUTIVE INCENTIVE BONUS PLAN

SCOTT’S LIQUID GOLD-INC.




Purpose of the Plan




     The purpose of the Key Executive Incentive Bonus Plan (the “Plan”) is to provide incentive to
the Company’s key executives to maximize corporate earnings for 2007 and to reward such executives
based upon performance.



     Structure of the Plan



     This Plan is constructed to reserve exclusively to the shareholders the first $1 million in
pre-tax earnings. Thereafter, a bonus equal to 10% of pre-tax earnings in excess of $1 million
will be paid as an incentive bonus to key executives.



     This Plan is also constructed so as to encourage Management to expend every effort possible to
increase pre-tax earnings in excess of $1 million. The more pre-tax profit the Company makes, the
greater the bonus and the greater the return to the Company’s shareholders. Further, by not
capping bonuses to be paid under this Plan, the Board of Directors believes that the incentives to
the Company’s executives to make larger and larger profits will not be limited.



     Plan Provisions



     1. For 2007, a bonus pool equal to 10% of pre-tax earnings in excess of $1 million will be set
aside for distribution to the Company’s key executives who are employed by the Company at December
31, 2007.



     2. Partial distributions of the bonus pool may be made in December of 2007, but the final
distribution is only to be made after the close of the year, based upon audited pre-tax profits,
during the quarter following the close of the fiscal year.



     3. Bonuses, if any, for 2007, will be divided among the Company’s four executive officers as
follows: President and Chief Executive Officer, 31%; Vice President-Marketing and Sales, 25%;
Treasurer and Chief Financial Officer, 22%; and Vice President-Operations and Corporate Secretary,
22%.



     4. For purposes of this Plan, net pre-tax earnings and pre-tax profits shall be determined
without the deduction or addition of gains or losses from infrequent or unusual events or
transactions or from extraordinary items. The exclusion of any such event, transaction or item
shall be determined by action of the Compensation Committee of the Board of Directors of the
Company after reviewing the proposed or final statements of income of the Company for the relevant
period and reviewing the accounting treatment of any such event, transaction or item by the
Company’s independent accountants.
No. 11-6019.

#### Asieru *v.*United States.

C. A. 9th Cir. Cer-tiorari denied.