alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 28.560 Watertight and weathertight integrity. ( a ) Each opening in a deck or a bulkhead that is exposed to weather must be fitted with a weathertight or a watertight closure device.
( b ) Except as provided in paragraphs (c) through (f) of this section, each opening in a deck or a bulkhead that is exposed to weather must be fitted with a watertight coaming as follows: ( 1 ) For a vessel 79 feet (24 meters) or more in length, the coaming must be at least 24 inches (0.61 meters) in height; or
( 2 ) For a vessel less than 79 feet (24 meters) in length, the coaming must be at least 12 inches (0.30 meters) in height.
( c ) A coaming to a fish hold that is under constant attention when the closure is not in place need only be 6 inches (0.15 meters) in height.
( d ) The coaming of an opening fitted with a quick-acting watertight closure device need only be of sufficient height to accommodate the device.
( e ) Except on an exposed forecastle deck, a coaming is not required on a deck above the lowest weather deck.
( f ) Each window and portlight located below the first deck above the lowest weather deck must be provided with an inside deadlight. Each deadlight must be efficient, hinged, and arranged so that it can be effectively closed watertight.
( g ) An opening in a vessel below the weather deck which is used for discharging water or debris resulting from processing or sorting operations must be fitted with a means to ensure the opening can be closed weathertight. This means of closing must be operable from a location which is outside the space containing the opening.
EXHIBIT 10.12

                           [THE YORK GROUP LETTERHEAD]

December 1, 1999

Mr Fred Turner
The York Group, Inc.
8554 Katy Freeway, Suite #200
Houston, TX 77024

Fred:

During this time of change within the organization and the need for a strong
performance in the year 2000, it is the intent of this letter to assure you
that The York Group, Inc. values your contribution and would like to extend some
security for your retention.

On behalf of the Board or Directors of The York Group I am authorized to extend
the following conditions as an agreement of retention for the year 2000:

o     Retention bonus or 30% of your 12/31/99 earned annual salary to be paid
      at 12/31/00 if still employed with The York Group. A non-cause
      termination by the company would trigger a pro-rata distribution based on
      the termination date. Voluntary termination or termination for cause would
      eliminate this payment.

o     A 6-month salary severance allowance (less normal severance provided in
      The York Group severance practice) for any non-cause termination by the
      company through the year-end (12/31/00).

o     Accelerated vesting of your stock options in the event of a change of
      control by the company. Change of control being defined as any transfer
      of stock that exceeds 50.1%.

o     Additionally, The York Group will pay a minimum payment of 25% of your
      12/31/00 eligible salary as a performance bonus for the year 2000 pursuant
      to the terms of the Company's executive bonus program. This payment
      serves as a minimum guarantee against your year 2000 executive bonus
      program. Any payments above 25% of 12/31/00 eligible base pay up to the
      maximum allowable in the bonus program will be subject to the criteria
      established in The York Group, Inc. Executive Bonus Program. Distribution
      for this bonus will occur at the normal timing associated with The York
      Group, Inc. Executive Bonus Program.

Fred, I would be pleased to answer any questions you might have as a result of
this letter and related issues. Please maintain the confidentiality of this
agreement. Thank you for your ongoing support.

Sincerely,


Robert T. Monteleone
Vice President Human Resources

cc: Bob Rakich
    Bill Wilcock
    Employement File
§ 188.10-56 Pilot boarding equipment and point of access. ( a ) *Pilot boarding equipment* means a pilot ladder, accommodation ladder, pilot hoist, or combination of them as required by this subchapter.
( b ) *Point of access* means the place on deck of a vessel where a person steps onto or off of pilot boarding equipment.
[CGD 79-032, 49 FR 25455, June 21, 1984, as amended by USCG-2014-0688, 79 FR 58288, Sept. 29, 2014]
-81 -80 -79 -78 -77 -76 -75

 37

 38

 39

 40

 41

★

▲

▲

▲

▲

★

▲ ▲ ▲ ▲

 500

 1000

 1500

 500

18 12 06 00

08/04

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 04 Aug 07

 EDAS Meteorological Data

Source

★ at 38.77 N 77.11 W Meters AGL
§ 173.020 Intact stability standards: Counterballasted and non-counterballasted vessels. ( a ) Except as provided in paragraph (c) of this section, each vessel that is not equipped to counter-ballast while lifting must be shown by design calculations to comply with this section in each condition of loading and operation and at each combination of hook load and crane radius.
( b ) Each vessel must have a righting arm curve with the following characteristics: ( 1 ) If the vessel operates in protected or partially protected waters, the area under the righting arm curve up to the smallest of the following angles must be at least 10 foot-degrees (3.05 meter-degrees): ( i ) The angle corresponding to the maximum righting arm.
( ii ) The downflooding angle.
( iii ) 40 degrees.
( 2 ) If the vessel operates in exposed waters, the area under the righting arm curve up to the smallest of the following angles must be at least 15 foot-degrees (4.57 meter-degrees): ( i ) The angle corresponding to the maximum righting arm.
( ii ) The downflooding angle.
( iii ) 40 degrees.
( c ) If the vessel's hull proportions fall within all three of the following limits, in lieu of complying with paragraph (b) of this section, the vessel owner may demonstrate in the presence of the OCMI that the vessel will not heel beyond the limits specified in paragraph (d) of this section: ( 1 ) Beam to depth—3.40 to 4.75.
( 2 ) Length to beam—3.20 to 4.50.
( 3 ) Draft to depth—0.60 to 0.85.
( d ) For the purpose of paragraph (c) of this section, the following limits of heel apply with the vessel at its deepest operating draft: ( 1 ) Protected and partially protected waters and Great Lakes in summer—heel to main deck immersion or bilge emergence, whichever occurs first.
( 2 ) Exposed waters and Great Lakes in winter—heel permitted to one-half of the freeboard or one-half of the draft, whichever occurs first.
[CGD 79-023, 48 FR 51045, Nov. 4, 1983, as amended by CGD 85-080, 61 FR 945, Jan. 10, 1996]
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                        0001071119
<NAME>                       EVERCEL, INC.
<MULTIPLIER>                                 1,000
<CURRENCY>                                   U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                              OCT-31-1999
<PERIOD-START>                                 FEB-1-1999
<PERIOD-END>                                   APR-30-1999
<EXCHANGE-RATE>                                1
<CASH>                                         5,021
<SECURITIES>                                       0
<RECEIVABLES>                                     23
<ALLOWANCES>                                       0
<INVENTORY>                                      282
<CURRENT-ASSETS>                               5,362
<PP&E>                                         2,599
<DEPRECIATION>                                   890
<TOTAL-ASSETS>                                 7,124
<CURRENT-LIABILITIES>                            668
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<COMMON>                                       6,456
<OTHER-SE>                                         0
<TOTAL-LIABILITY-AND-EQUITY>                   7,124
<SALES>                                            0
<TOTAL-REVENUES>                                   0
<CGS>                                              0
<TOTAL-COSTS>                                  1,262
<OTHER-EXPENSES>                                   0
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                                18
<INCOME-PRETAX>                               (1,260)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                           (1,260)
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                  (1,260)
<EPS-BASIC>                                  (0.70)
<EPS-DILUTED>                                  (0.70)


</TABLE>
[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Notices]
[Pages 28512-28513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2489]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Heart, Lung and Blood Institute; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby give of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Heart, Lung, and Blood Institute 
Special Emphasis Panel; Mentored Scientist Award (K99).
    Date: June 28-29, 2007.
    Time: June 28, 2007, 12 p.m. to 10 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Washington Plaza, 10 Thomas Circle NW., Washington, DC 
20005.

[[Page 28513]]

    Time: June 29, 2007, 8 a.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Washington Plaza, 10 Thomas Circle NW., Washington, DC 
20005.
    Contact Person: William J Johnson, PhD, Scientific Review 
Administrator, Review Branch/DERA, National Heart, Lung, and Blood 
Institute, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892-7924, 
301-435-0725, <a href="/cdn-cgi/l/email-protection#f59f9a9d9b869a9b82b59b9d99979cdb9b9c9ddb929a83"><span class="__cf_email__" data-cfemail="b7ddd8dfd9c4d8d9c0f7d9dfdbd5de99d9dedf99d0d8c1">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, 
National Center For Sleep Disorders Research; 93.837, Heart and 
Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, 
Blood Diseases and Resources Research, National Institutes of 
Health, HHS)

    Dated: May 14, 2007.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 07-2489 Filed 5-18-07; 8:45 am]
BILLING CODE 4140-01-M


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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

JACK SMITH,

 CIVIL ACTION NO. 15-10090

Plaintiff,

 DISTRICT JUDGE ROBERT H. CLELAND

v.

 MAGISTRATE JUDGE R. STEVEN WHALEN

MR. DOYLE,

Defendant.

_________________________________/ 

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A

SUPPLEMENTAL COMPLAINT [Dock. #8] AND DENYING PLAINTIFF’S

MOTION FOR APPOINTMENT OF COUNSEL [Dock. #10]

Plaintiff, a Michigan Department of Corrections (“MDOC”) prisoner, filed suit on

January 5, 2015, alleging violations of his civil rights under 42 U.S.C. 1983. On March 12,

2015, he sought leave to file a supplemental complaint pursuant to Fed. R. Civ. P. 15(a)(2). 

Rule 15(a)(2) provides that “[t]he court should freely give leave when justice so requires.” 

The sole current Defendant in this case has not yet been served. Further, the proposed

amended complaint is not futile. Therefore, the Court will grant Plaintiff’s motion. 

In contrast, Plaintiff’s motion for appointment of counsel will be denied. Unlike

criminal cases, there is no constitutional or statutory right to the appointment of counsel in

civil cases. Rather, the Court requests members of the bar to assist in appropriate cases. In

Lavado v. Keohane, 992 F.2d 601, 605-606 (6 Cir. 1993), the Sixth Circuit noted that th

“[a]ppointment of counsel in a civil case is not a constitutional right. It is a privilege that is

2:15-cv-10090-RHC-RSW Doc # 16 Filed 12/28/15 Pg 1 of 2 Pg ID 87
justified only by exceptional circumstances.” (Internal quotations and citations omitted).

It is the practice of this Court to defer any attempt to obtain counsel for pro se civil

rights Plaintiffs until after motions to dismiss or motions for summary judgment have been

denied. As of now, Defendant has not yet been served. At this stage of the proceedings,

Plaintiff’s request for counsel is premature.

Accordingly, Plaintiff’s Motion for Leave to File a Supplemental Complaint [Dock.

#8] is GRANTED. Plaintiff’s Motion to Appoint Counsel [Dock. #10] is DENIED

WITHOUT PREJUDICE.

IT IS SO ORDERED.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Dated: December 28, 2015

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was sent to parties of record

on December 28, 2015, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla 

Case Manager 

2:15-cv-10090-RHC-RSW Doc # 16 Filed 12/28/15 Pg 2 of 2 Pg ID 88
§ 34.17-15 Piping—T/ALL. ( a ) All piping, valves, and fittings shall meet the applicable requirements of subchapter F (Marine Engineering) of this chapter.
( b ) All piping, valves, and fittings of ferrous materials shall be protected inside and outside against corrosion unless specifically approved otherwise by the Commandant.
( c ) All piping, valves, and fittings shall be securely supported, and where necessary, protected against injury.
( d ) Drains and dirt traps shall be fitted where necessary to prevent the accumulation of dirt or moisture.
( e ) Piping shall not be used for any other purpose than firefighting, drills and testing.
Effluent Limitations Guidelines and Standards for

the Oil and Gas Extraction Point Source Category

DATABASE REPLACEMENT PAGE

EPA-HQ-OW-2014-0598

DCN: SGE01184.A15

Attachment file will be sent on CD

.
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You havereached the Federal Depository Library Program Electronic Collection (FDLP/EC)Archive. This archive assures ongoing access to publications in the FDLP/EC.Access to publications in the archive is available through GPO's suite of catalogingand locator services, including the Catalog of U.S. GovernmentPublications.  Archived copies of publications are retrieved in the eventthat publications are no longer available from the original publishing agencysite. (Historical purposes)

**Title:**  Current industrial reports. MA325F,Paint and allied products

1998,1999,2000

 
SuDoc: C 3.158/30-2:����������� 
�Item Number: 0142-A-40 (online)
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# C_2014409EN.01000501.xml

| 17.11.2014 | EN | Official Journal of the European Union | C 409/5 |
| --- | --- | --- | --- |

17.11.2014

EN

Official Journal of the European Union

C 409/5

---

Judgment of the Court (Second Chamber) of 11 September 2014 — European Commission v Federal Republic of Germany

(Case C-525/12) (1)

1

((Failure of a Member State to fulfil obligations - Environment - Directive 2000/60/EC - Framework for Community action in the field of water policy - Recovery of the costs for water services - Concept of ‘water services’))

2014/C 409/05

Language of the case: German

Parties

Parties

Applicant: European Commission (represented by: E. Manhaeve and G. Wilms, acting as Agents)

Applicant:

Defendant: Federal Republic of Germany (represented by: T. Henze and J. Möller, acting as Agents)

Defendant:

Interveners in support of the defendant: Kingdom of Denmark (represented by: M. Wolff and V. Pasternak Jørgensen, acting as Agents), Hungary (represented by: M.Z. Fehér and K. Szíjjártó, acting as Agents), Republic of Austria (represented by: C. Pesendorfer, acting as Agent), Republic of Finland (represented by: J. Heliskoski and H. Leppo, acting as Agents), Kingdom of Sweden (represented by: A. Falk, C. Meyer-Seitz, U. Persson and S. Johannesson, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: S. Behzadi-Spencer and J. Beeko, acting as Agents, assisted by G. Facenna, Barrister)

Interveners in support of the defendant:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders the European Commission to pay the costs; |
| --- | --- |

2.

Orders the European Commission to pay the costs;

| 3. | Orders the Kingdom of Denmark, Hungary, the Republic of Austria, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland to bear their own costs. |
| --- | --- |

3.

Orders the Kingdom of Denmark, Hungary, the Republic of Austria, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

---

(1)  OJ C 26, 26.1.2013.

1

---
#### § 201.77 Amendments or supplements to pleadings.

Amendments or supplements to any pleading will be allowed or refused in the discretion of the Administration if the case has not been assigned for hearing, otherwise in the discretion of the presiding officer designated to conduct the hearing; *Provided,* That after a prehearing conference has been held no amendment shall be allowed which would substantially broaden the issues, unless an opportunity is afforded all parties to answer such amended pleadings and to prepare for hearing upon the broadened issues. The presiding officer may direct a party to state its case more fully and in more detail by way of amendment. If a response to an amended pleading is necessary, it may be filed and served. Amendments or supplements allowed prior to hearing will be served in the same manner as the original pleading. Whenever by the regulations in this part a pleading is required to be subscribed, the amendment or supplement shall also be subscribed.
§ 177.700 General requirements. ( a ) A crew accommodation space and a work space must be of sufficient size, adequate construction, and with suitable equipment to provide for the safe operation of the vessel and the protection and accommodation of the crew in a manner practicable for the size, facilities, service, route, speed, and modes of operation of the vessel.
( b ) The deck above a crew accommodation space must be located above the deepest load waterline.
111TH CONGRESS 

1ST SESSION H. R. 2423 

AN ACT 

To designate the Federal building and United States courthouse located at 1300 Victoria Street in Laredo, Texas, 

as the ‘‘George P. Kazen Federal Building and United 

States Courthouse’’. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 2423 EH

1 SECTION 1. BUILDING DESIGNATION. 

2 (a) DESIGNATION.—The Federal building and United 

3 States courthouse located at 1300 Victoria Street in La4 redo, Texas, shall be known and designated as the 

5 ‘‘George P. Kazen Federal Building and United States 

6 Courthouse’’. 

7 (b) REFERENCES.—Any reference in a law, map, reg8 ulation, document, paper, or other record of the United 

9 States to the Federal building and United States court10 house referred to in subsection (a) shall be deemed to be 

11 a reference to the ‘‘George P. Kazen Federal Building and 

12 United States Courthouse’’. 

13 SEC. 2. EFFECTIVE DATE. 

14 This Act shall take effect on the first day on which 

15 George P. Kazen is no longer serving as a Federal judge. 

Passed the House of Representatives October 15, 

2009. 

Attest: 

Clerk. 

111TH CONGRESS 

1ST SESSION H. R. 2423 

AN ACT 

To designate the Federal building and United 

eral Building and United States Courthouse’’. in Laredo, Texas, as the ‘‘George P. Kazen FedStates courthouse located at 1300 Victoria Street
§ 28.350 General requirements for electrical systems. ( a ) Electrical equipment exposed to the weather or in a location exposed to seas must be waterproof, watertight, or enclosed in a watertight housing.
( b ) Aluminum must not be used for current carrying parts of electrical equipment or wiring.
( c ) As far as practicable, electrical equipment must not be installed in lockers used to store paint, oil, turpentine, or other flammable or combustible liquid. If electrical equipment, such as lighting, is necessary in these spaces, it must be explosion-proof or intrinsically safe.
( d ) Explosion-proof and intrinsically safe equipment must meet the requirements of 46 CFR part 111, subpart 111.105.
( e ) Metallic enclosures and frames of electrical equipment must be grounded.
( f ) Each vessel with a nonmetallic hull must have a continuous, non-current carrying grounding conductor which connects together the enclosures and frames of electrical equipment and which connects metallic items such as engines, fuel tanks, and equipment enclosures to a common ground point.
( g ) The equipment grounding conductor must be sized in accordance with section 250-95 of NFPA Standard 70.
#### PAUL GERLI, TRUSTEE AND ASSIGNEE OF SUMMIT SILK COMPANY, PLAINTIFF, v. WASHINGTON PIECE DYEING AND FINISHING COMPANY, DEFENDANT.

Argued May 7, 1929

Decided May 20, 1929.

Before Justices Pakiceb, Black and Bodine.

Por the plaintiff, *Aaron Lasser (Sidney Svirslcy,*on the brief).

Por the defendant, *Robert II. McCarter (Abram I. Blue-stein,*on the brief).

Pek Cukiam.

The question involved was the liability of the defendant as assignee of a lease, for rent accrued. The defense was that the defendant had reassigned to a third party named Bertha Michelin, before any rent accrued, and the principal issue of fact at the trial was whether this reassignment was genuine or only pretended; for if genuine, defendant would be relieved of liabilty. *Meyer*v. *Alliance Investment Co.,*84 *N. J. L.*450; 86 *Id.*694; *Linke*v. *Greenfield,*6 *N. J. Adv. R.*324; 140 *Atl. Rep.*314.

The trial judge properly refused to nonsuit or to direct a verdict, as the testimony presented a disputed question of fact whether the assignment was genuine or was a mere sham and not intended to take effect as between the parties *512to it. But he fell into error when he charged the jury that “there was, so far as the language was concerned, an effective assignment of that lease. If that effective assignment from the standpoint of language was also an honest assignment and not one made for the purpose of evading an honest responsibility under the lease, then that terminated what we know in law as the privity of contract.”

The obvious implication of this language as we read it is that if defendant actually assigned the lease and stripped itself of all right thereto, but did that for the purpose of evading responsibility for the rent, it would still be liable. This, we think, is not the law. If the assignment be actual and genuine, the purpose is immaterial. 36 *C. J.*377. But *aliter*if it is a mere cover. *Ibid.*378. The language in *Linke*v. *Greenfield, supra,,*reading “if defendant *bona fide*assigned to Fisher,” related to a genuine, as distinct from a pretended assignment.

'Other language in the charge correctly stated the law, but that does not cure the error. *Neibel*v. *Winslow,*88 *N. J. L.*191; *Collins*v. *Central Railroad Co.,*90 *Id.*593; *State*v. *Parks,*96 *Id.*360.

The rule will be made absolute.