alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### HENRY S. NASH, Respondent, *v.*THOMAS R. SHARPE, as Receiver of the Long Island Railroad Company, Appellant.

*Action by professional man, to recover damages for injuries stistained on a railroad*— "he *may testify as to his past earnings for the purpose of showing his damages.*

Appeal from a judgment entered herein upon the verdict of a jury, rendered upon a writ of inquiry, at a Circuit Court, and also from an order denying defendant’s motion for a reassessment of damages.

This action was brought by the plaintiff, a dentist engaged in business in New York, to recover from the defendant, as receiver of the Long Island Railroad Company, damages for injuries received by plaintiff while a passenger on one of 'defendant’s cars.

The defendant appeared in the action, but interposed no answer.

The plaintiff’s damages were assessed by a jury at a Circuit Court, under the direction of the justice presiding, at $6,125.00.

*366Upon, tlie trial, the plaintiff was alloived to testify against the defendant’s objection and exception as to the amount of his yearly earnings for the five year’s preceding the accident.

The court, at General Term, said: “It seems to be settled that, in an action for loss of services, evidence of the nature and extent of the parties business, or how much he ivas earning from his business, or realizing from fixed wages, is proper upon the ■ question of damages. *(Masterton*v. *Village of Mount*Vernon, 58 N. Y., 391 ; *McIntyre*v. *N. Y. Central JR. It.*Co., 37 id., 287 ; *Walker*v. *Erie It. R. Co.,*63 Barb., 260.) If there is any ■distinction between the earnings of a professional man, and a mechanic or laborer, it is a question of fact to be considered by the jury, in connection with the surrounding circumstances. There is no good reason why a professional man should not be permitted to show what he was earning from his business at the time to which the loss refers, as well as a laboring man, who is employed under fixed wages. This must be so from the nature of the case, otherwise a professional man could give no reliable and satisfactory ■evidence of his loss.”

*E. B. Hinsdale,*for the appellant.

*Homer A. Nelson,*for the ■respondent.

Opinion by

Pbatt, J.

Present — Barnard, P. J., Dykman and Pratt, JJ.

Judgment, and order denying motion for reassessment of dam■ages affirmed, with costs.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          39,903
<SECURITIES>                                         0
<RECEIVABLES>                                  357,729
<ALLOWANCES>                                    23,346
<INVENTORY>                                     28,217
<CURRENT-ASSETS>                               416,951
<PP&E>                                       1,146,440
<DEPRECIATION>                                 434,813
<TOTAL-ASSETS>                               3,503,024
<CURRENT-LIABILITIES>                          530,066
<BONDS>                                      1,613,241
<PREFERRED-MANDATORY>                           13,591
<PREFERRED>                                      6,377
<COMMON>                                         1,148
<OTHER-SE>                                     894,700
<TOTAL-LIABILITY-AND-EQUITY>                 3,503,024
<SALES>                                      2,147,402
<TOTAL-REVENUES>                             2,147,402
<CGS>                                                0
<TOTAL-COSTS>                                1,934,600
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             131,600
<INCOME-PRETAX>                                412,826
<INCOME-TAX>                                   155,203
<INCOME-CONTINUING>                            250,535
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (5,183)
<CHANGES>                                            0
<NET-INCOME>                                   245,352
<EPS-BASIC>                                       2.30
<EPS-DILUTED>                                     2.09


</TABLE>
Case 16-24653 Doc 10 Filed 08/03/16 Entered 08/04/16 09:58:37 Desc Main

 Document Page 1 of 1
§ 80.1185 Supplemental eligibility for mobile-satellite stations. Stations in the maritime mobile-satellite service must meet the eligibility requirements contained in this section. ( a ) A station license for a ship earth station may be issued to: ( 1 ) The owner or operator of a ship.
( 2 ) A corporation proposing to furnish a nonprofit radio communication service to its parent corporation, to another subsidiary of the same parent, or to its own subsidiary, where the party to be served is the owner or operator of the ship aboard which the ship earth station is to be installed and operated.
( b ) A station license for a portable ship earth station may be issued to the owner or operator of portable earth station equipment proposing to furnish satellite communication services on board more than one ship or fixed offshore platform located in the marine environment.
[52 FR 27003, July 17, 1987, as amended at 54 FR 49995, Dec. 4, 1989]
EXHIBIT 32

    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I Dr. Dennis D. Keiser, President and Chief Executive Officer of Intrepid
Technology & Resources, Inc., (the "Company") , do hereby certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to my knowledge:

     -    the Quarterly Report on Form 10-QSB, of the Company for the quarter
          ended December 31, 2005, as filed with the Securities and Exchange
          Commission (the "Report"), fully complies with the requirements of
          Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
     -    the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


Date: February 14, 2006

/s/ Dr. Dennis D. Keiser


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

Dennis D. Keiser

President and Chief Executive Officer, Acting Chief Financial Officer



and,



I Dr. Jacob D. Dustin, Vice President, Secretary, and Treasurer of Intrepid
Technology & Resources, Inc., (the "Company") , do hereby certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, to my knowledge:

     -    the Quarterly Report on Form 10-QSB, of the Company for the quarter
          ended December 31, 2005, as filed with the Securities and Exchange
          Commission (the "Report"), fully complies with the requirements of
          Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
     -    the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


Date: February 14, 2006

/s/ Dr. Jacob D. Dustin


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

Jacob D. Dustin

Vice President, Secretary, and Treasurer
#### § 402.09 Irreversible or irretrievable commitment of resources.

After initiation or reinitiation of consultation required under section 7(a)(2) of the Act, the Federal agency and any applicant shall make no irreversible or irretrievable commitment of resources with respect to the agency action which has the effect of foreclosing the formulation or implementation of any reasonable and prudent alternatives which would avoid violating section 7(a)(2). This prohibition is in force during the consultation process and continues until the requirements of section 7(a)(2) are satisfied. This provision does not apply to the conference requirement for proposed species or proposed critical habitat under section 7(a)(4) of the Act.
I

103D CONGRESS

2D SESSION H. R. 5298

To prohibit the importation into the United States of sugar from countries

that import sugar from Cuba.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 29, 1994

Mr. DIAZ-BALART introduced the following bill; which was referred to the

Committee on Ways and Means

A BILL

To prohibit the importation into the United States of sugar

from countries that import sugar from Cuba.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. PROHIBITION.

4 Notwithstanding any other provision of law, sugars,

5 syrups, and molasses, that are the product of a country

6 that the President determines has imported sugar, syrup,

7 or molasses that is the product of Cuba, shall be entered,

8 or withdrawn from warehouse for consumption, into the

9 customs territory of the United States, unless the condi10 tion set forth in section 2 is met.
2

•HR 5298 IH

1 SEC. 2. CONDITION FOR REMOVAL OF PROHIBITION.

2 The prohibition set forth in section 1 shall cease to

3 apply to a country if the country certifies to the President

4 that the country will not import sugar, syrup, or molasses

5 that is the product of Cuba until free and fair elections,

6 conducted under the supervision of internationally recog7 nized observers, are held in Cuba. Such certification shall

8 cease to be effective if the President makes a subsequent

9 determination under section 1 with respect to that coun10 try.

11 SEC. 3. REPORTS TO CONGRESS.

12 The President shall report to the Congress all deter13 minations made under section 1 and all certifications

14 made under section 2.

15 SEC. 4. REALLOCATION OF SUGAR QUOTAS.

16 During any period in which a prohibition under sec17 tion 1 is in effect with respect to a country, the President

18 may reallocate to other countries the quota of sugars, syr19 ups, and molasses allocated to that country, before the

20 prohibition went into effect, under chapter 17 of the Har21 monized Tariff Schedule of the United States.

Æ
###### Editorial Note on Part 300

#### Editorial Note:

Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

#### § 300.36 Closed area stowage requirements.

At all times while a vessel is in a Closed Area, the fishing gear of the vessel shall be stowed in a manner as not to be readily available for fishing. In particular, the boom shall be lowered as far as possible so that the vessel cannot be used for fishing, but so that the skiff is accessible for use in emergency situations; the helicopter, if any shall be tied down; and launches shall be secured.
§ 600.620 Rules pertaining to the hearing. ( a ) The civil procedure rules of the NOAA currently set forth in 15 CFR part 904, subpart C (or as subsequently amended), apply to the proceeding after its commencement by service of notice (pursuant to § 600.615) and prior to the Secretary's decision (§ 600.625), except that the following sections will not apply: ( 1 ) 15 CFR 904.201 (Definitions);
( 2 ) 15 CFR 904.206(a)(1) (Duties and powers of Judge); and
( 3 ) 15 CFR 904.272 (Administrative review of decision).
( b ) *Additional duties and powers of judge* — ( 1 ) *Time periods.* The administrative law judge is authorized to modify all time periods pertaining to the course of the hearing (under §§ 600.615 and 600.620) to expedite the proceedings, upon application and appropriate showing of need or emergency circumstances by a party.
( 2 ) *Intervention.* Intervention by persons not parties is not allowed.
[Federal Register Volume 71, Number 175 (Monday, September 11, 2006)]
[Notices]
[Pages 53487-53488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7523]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Air Traffic Procedures Advisory Committee

AGENCY: Federal Aviation Administration (FAA), DOT.

SUMMARY: The FAA is issuing this notice to advise the public that a 
meeting of the Air Traffic Procedures Advisory Committee (ATPAC) will 
be held to review present air traffic control procedures and practices 
for standardization, clarification, and upgrading of terminology and 
procedures.

DATES: The meeting will be held Tuesday, October 24, 2006 from 9 a.m. 
to 4:30 p.m., Wednesday, October 25, from 9 a.m. to 4:30 p.m., and 
Thursday, October 26, from 9 a.m. to noon.

ADDRESSES: The meeting will be held at the CGH Technologies Inc Office, 
Training Conference Room, Eighth Floor, 600 Maryland Avenue, SW., 
Washington, DC 20591.

FOR FURTHER INFORMATION CONTACT: Ms. Nancy B. Kalinowski, Executive 
Director, ATPAC, System Operations Airspace and Aeronautical 
Information Management, 800 Independence Avenue, SW., Washington, DC 
20591, telephone (202) 267-9205.

SUPPLEMENTARY INFORMATION: Pursuant to Section 10(a)(2) of the Federal 
Advisory Committee Act (Pub. L. 92-463; 5 U.S.C. App. 2), notice is 
hereby given of a meeting of the ATPAC to be

[[Page 53488]]

held Tuesday, October 24, 2006 from 9 a.m. to 4:30 p.m., Wednesday, 
October 25, from 9 a.m. to 4:30 p.m., and Thursday, October 26, from 9 
a.m. to noon.
    The agenda for this meeting will cover a continuation of the 
ATPAC's review of present air traffic control procedures and practices 
for standardization, clarification, and upgrading of terminology and 
procedures. It will also include:
    1. Approval of Minutes;
    2. Submission and Discussion of Areas of Concern;
    3. Discussion of Potential Safety Items;
    4. Report from Executive Director;
    5. Items of Interest; and
    6. Discussion and agreement of location and dates for subsequent 
meetings.
    Attendance is open to the interested public but limited to space 
available. With the approval of the Chairperson, members of the public 
may present oral statements at the meeting. Persons desiring to attend 
and persons desiring to present oral statement should notify Ms. Nancy 
B. Kalinowski no later than October 2, 2006. The next quarterly meeting 
of the FAA ATPAC is scheduled for January 9-11, 2007, in Washington, 
DC.
    Any member of the public may present a written statement to the 
ATPAC at any time at the address given above.

    Issued in Washington, DC, on August 31, 2006.
Nancy B. Kalinowski,
Executive Director, Air Traffic, Procedures Advisory Committee.
[FR Doc. 06-7523 Filed 9-8-06; 8:45 am]
BILLING CODE 4910-13-M
###### Editorial Note on Part 300

#### Editorial Note:

Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

#### § 300.170 Purpose and scope.

The regulations in this subpart govern fishing by U.S. vessels in waters under the fisheries jurisdiction of Canada pursuant to the 1981 Treaty Between the Government of the United States of America and the Government of Canada on Pacific Coast Albacore Tuna Vessels and Port Privileges as amended in 2002. Regulations governing fishing by Canadian vessels in waters under the fisheries jurisdiction of the United States pursuant to this Treaty as amended in 2002 are found at § 600.530 of chapter VI of this title.
**BIRD KILLS AT TOWERS AND OTHER HUMAN-MADE STRUCTURES:**

**AN ANNOTATED PARTIAL BIBLIOGRAPHY****(1960-1998)**

*mailto:[email protected]*

<http//www.fws.gov/r9mbmo>
Editorial Note on Part 622
Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.

§ 622.240 Permits. ( a ) *Commercial vessel permits.* For a person aboard a vessel to fish for golden crab in the South Atlantic EEZ, possess golden crab in or from the South Atlantic EEZ, off-load golden crab from the South Atlantic EEZ, or sell golden crab in or from the South Atlantic EEZ, a commercial vessel permit for golden crab must be issued to the vessel and must be on board. It is a rebuttable presumption that a golden crab on board a vessel in the South Atlantic or off-loaded from a vessel in a port adjoining the South Atlantic was harvested from the South Atlantic EEZ. See § 622.241 for limitations on the use, transfer, and renewal of a commercial vessel permit for golden crab.
( b ) *Dealer permits and conditions* — ( 1 ) *Permits.* For a dealer to first receive South Atlantic golden crab harvested in or from the EEZ, a Gulf and South Atlantic dealer permit must be issued to the dealer.
( 2 ) *State license and facility requirements.* To obtain a dealer permit, the applicant must have a valid state wholesaler's license in the state(s) where the dealer operates, if required by such state(s), and must have a physical facility at a fixed location in such state(s).
( c ) *Permit procedures.* See § 622.4 for information regarding general permit procedures including, but not limited to application, fees, duration, transfer, renewal, display, sanctions and denials, and replacement.
[78 FR 22952, Apr. 17, 2013, as amended at 79 FR 19496, Apr. 9, 2014]
§ 217.207 Letters of Authorization. ( a ) A Letter of Authorization, unless suspended or revoked, will be valid for a period of time not to exceed the period of validity of this subpart, but must be renewed annually subject to annual renewal conditions in § 217.208.
( b ) Each Letter of Authorization will set forth: ( 1 ) Permissible methods of incidental taking; and
( 2 ) Requirements for mitigation, monitoring and reporting, including, but not limited to, means of effecting the least practicable adverse impact on the species, its habitat, and on the availability of the species for subsistence uses.
( c ) Issuance of a Letter of Authorization will be based on the determination that the number of marine mammals taken during the period the Letter of Authorization is valid will be small, that the total taking of marine mammals by the activities specified in § 217.200(a) will have no more than a negligible impact on the species or stock of affected marine mammal(s), and that the total taking will not have an unmitigable adverse impact on the availability of species or stocks of marine mammals for subsistence uses.
( d ) Notice of issuance or denial of an application for a Letter of Authorization will be published in the Federal Register within 30 days of a determination.
#### § 260.73 Disposition of fees for inspections made under cooperative agreement.

Fees for inspection under a cooperative agreement with any State or person shall be disposed of in accordance with the terms of such agreement. Such portion of the fees collected under a cooperative agreement as may be due the United States shall be remitted in accordance with § 260.69.
Exhibit
10.5


Amendment to Financial Advisory and Consulting Agreement


The following is
the first Amendment to Financial Advisory Services Agreement between Carpenter
& Company (“Carpenter”) and SB Organizing Group (the “Client”), dated the 7th
day of March, 2007.


RECITALS


WHEREAS,
the Client and Carpenter entered in to that certain Financial Advisory and
Consulting Agreement dated November 1, 2006 (the “Agreement”); and


WHEREAS,
subsequent to execution of the Agreement the Parties have become aware of a drafting
error in Section 4(c)(ii)(2) of the Agreement, specifically the prefatory
clause in the first sentence that reads “Without regard to whether
the Client requests that Carpenter provide financial advisory services”,
and desire to amend that provision of the Agreement to remove the noted clause;


NOW,
THEREFORE, for good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the Client and Carpenter
hereto agree as follows:


1.                                       Amendment
to Section 4(c)(ii)(2):     The language
of Section 4(c)(ii)(2) of the Agreement is amended to read in full as follows:


If during the period Carpenter and SCC are retained by
the Client hereunder or within 12 months thereafter (a) a Business Combination
is consummated with any Second Party identified by Carpenter or SCC as
potentially interested in a Business Combination with the Client; or (b) the
Client enters into a definitive agreement to engage in a Business Combination
with any Second Party identified by Carpenter or SCC as potentially interested
in a Business Combination with the Client, the Client shall pay Carpenter a
non-refundable fee in an amount equal to 3% of the first $5 million of the
Aggregate Purchase Price (defined below), and 2% of all sums above $5 million
of the Aggregate Purchase Price (defined below), all payable at the closing of
the Business Combination.


2.                                       No
other Amendments or Changes.   Except as expressly amended
or modified by this Agreement, all of the terms and conditions of the Agreement
shall remain unchanged and in full force and effect.


3.                                       Definitions.           All capitalized terms used herein and
not otherwise defined shall have the meanings given to them in the Agreement.


IN
WITNESS WHEREOF, the parties hereto have duly executed this
Amendment as of the day and year first above written.


	
  CCFW Inc dba

  	
   

  
	
  CARPENTER
  & COMPANY

  	
  SB
  ORGANIZING GROUP

  
	
   

  	
   

  
	
   

  	
   

  
	
    /s/
  John D. Flemming

  	
   

  	
  /s/ Jeffrey Watson

  	
   

  
	
  By:

  	
  John D. Flemming

  	
  By:

  	
  Jeffrey Watson

  
	
  Its:

  	
  President

  	
  Its:

  	
  President & CEO

  
	
   

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  SEAPOWER
  CARPENTER CAPITAL, INC.

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
    /s/ John D. Flemming

  	
   

  
	
  By:

  	
  John D. Flemming

  	
   

  
	
  Its:

  	
  President