alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 213.37 Vegetation. Vegetation on railroad property which is on or immediately adjacent to roadbed shall be controlled so that it does not— ( a ) Become a fire hazard to track-carrying structures;
( b ) Obstruct visibility of railroad signs and signals: ( 1 ) Along the right-of-way, and
( 2 ) At highway-rail crossings; (This paragraph (b)(2) is applicable September 21, 1999.)
( c ) Interfere with railroad employees performing normal trackside duties;
( d ) Prevent proper functioning of signal and communication lines; or
( e ) Prevent railroad employees from visually inspecting moving equipment from their normal duty stations.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDGMENT

No. 04

- 12

- 00506

- CV

TEXAS MUTUAL INSURANCE CO

. , Appellant

v.

CLARENCE DAILEY ELECTRIC, INC.

, Appellee

From the 78th District Court, Wichita County, Texas

Trial Court No. 174,534

- B

- 2

Honorable W. Bernard Fudge, Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE ALVAREZ , AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the trial court’s judgment is

AFFIRMED. Costs of this appeal are taxed against Appellant Texas Mutual Insur ance Company.

SIGNED August 30, 2013.

_____________________________ Patricia O. Alvarez, Justice
# EUR-Lex - 52002XC1213(09) - EN

Avis juridique important

*|*

# 52002XC1213(09)

**Commission communication pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Modification by the United Kingdom of a public service obligation in respect of a scheduled air service between Benbecula and Barra (Text with EEA relevance) **

*
Official Journal C 310 , 13/12/2002 P. 0021 - 0021 *

Commission communication pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Modification by the United Kingdom of a public service obligation in respect of a scheduled air service between Benbecula and Barra

(2002/C 310/10)

(Text with EEA relevance)

1. The United Kingdom has decided to modify the public service obligation in respect of the scheduled air service between Benbecula and Barra as set out in the notice published in the Official Journal of the European Communities C 53/06, 4.3.1995, as modified in OJ C 143/04, 8.5.1998, and as further modified in OJ C 154/04, 29.5.2001, pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air routes.

2. The modified public service obligation for Benbecula and Barra is as follows:

- Minimum frequencies:

One return trip per day except Saturday and Sunday between Benbecula and Barra.

- Capacity:

The capacity offered should be not less than eight seats daily each way.

- Aircraft types:

The aircraft used should be suitable for landing on Barra airstrip which comprises Traigh Mhor Beach.

- Fares:

- the price of a single ticket must not exceed GBP 29 (excluding air passenger duty),

- the maximum fare on the route may be increased once every year in line with the United Kingdom's retail price index (all items) or any successor index to this,

- no other changes may be made to the fare levels without the prior written consent of Comhairle nan Eilean Siar (the Council in the Western Isles of Scotland),

- the new maximum fare on each route must be notified to the Civil Aviation Authority and shall not come into effect until it has been published by the European Commission in the Official Journal of the European Communities.
###### Editorial Note on Part 192

#### Editorial Note:

Nomenclature changes to part 192 appear at 71 FR 33406, June 9, 2006.

#### § 192.61 [Reserved]
#### Mary Collins, Individually and as Executrix of Alwin H. Collins, Deceased, Respondent, *v.*The Ferguson Contracting Company, Appellant, Impleaded with Another.

*Collins*v. *Ferguson Contracting Co.,*136 App. Div. 902, affirmed.

(Argued December 16, 1910;

decided January 3, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 10, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to foreclose a lien for materials furnished.

*Albert R. Lesinsky*for appellant.

*J. W. Atkinson*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.
Exhibit 10.3


 


November 21, 2005


 


Mr. John Hertig


85 Harbourside Road


North Quincy, MA  02171


 


Dear John,


 


I am pleased to offer you the full-time position of Chief Executive
Officer of Enpath Medical, Inc. starting January 16, 2006. In
addition, subject to Board approval and your acceptance of this offer, you will
be elected to the Company’s Board of Directors.


 


This offer includes the following:


 


•                  A
salary at an annual rate of $250,000, payable in accordance with our regular
payroll practices


 


•                  A
one-time sign-on bonus of $25,000 payable on January 20, 2006 (to be
refunded to the Company should you voluntarily leave the Company within six
months of employment)


 


•                  A
bonus opportunity of 30% of annual compensation at target (excluding the
sign-on bonus) based on the achievements of goals and objectives set by the
Board of Directors


 


•                  Three
weeks of annual vacation


 


•                  Inclusion
in our benefits package, subject to meeting the applicable eligibility
conditions


 


•                  A
100,000 share stock option grant with the following features, and subject to
the terms of our standard option grant:


 


•                  Grant
date of January 16, 2006


 


•                  Six
year term (with earlier termination upon stated events, such as termination or
change in control)


 


•                  Vesting
20% per year on the first 5 anniversaries of date of grant


 


•                  Exercise
prices as follows:


 


•                  Segment
1-  25,000 at market price of $7.70/share
(the closing price on the date of this letter) or its equivalent value


 


•                  Segment
2-  25,000 at price set in Segment 1 plus
$1.30


 


•                  Segment
3-  25,000 at price set in Segment 1 plus
$3.30


 


•                  Segment
4-  25,000 at price set in Segment 1 plus
$5.30


 


•                  Options
will, to the greatest extent possible, be issued as incentive stock options
under Code Section 422 (the first $100,000 in value vesting in each year)
with the remainder as non-qualified stock options.


 

















 


I will forward
to you within the next several days a new hire and benefits packet including
specific coverage information and enrollment forms for our benefit plan. We
will also be forwarding to you our Confidentiality and Non-competition
Agreement and “Procedures and Guidelines Governing Insider Trading and Tipping”.
This offer is contingent upon execution of a written employment agreement as
mutually agreed to by you and the Company.


 


Once again, I
am very pleased to be extending this offer of employment. I am confident you
will find Enpath Medical a challenging and rewarding opportunity and I am
excited about the impact your leadership can have on the future success of this
business.


 


 


Sincerely,


 


	
    /s/ James D. Hartman

  	
   

  
	
   

  
	
  Enpath
  Medical, Inc.

  
	
  James D.
  Hartman

  
	
  Chief
  Executive Officer
-----Original Message----- 

From: nielsonjohn@yahoo.com [mailto:nielsonjohn@yahoo.com] 

Sent: Saturday, April 24, 2010 10:15 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 24, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

john nielson 

1130 E. Curtiss St. 

bozeman, MT 59715
-----Original Message----- 

From: jill.klayman@med.va.gov [mailto:jill.klayman@med.va.gov] 

Sent: Monday, April 26, 2010 10:48 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 26, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Jill Klayman 

4522 N Marlborough Dr 

Milwaukee, WI 53211
-----Original Message----- 

From: janelle.chase@yahoo.com [mailto:janelle.chase@yahoo.com] 

Sent: Saturday, April 24, 2010 9:31 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 24, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

janelle Chase 

1888 San Jose Ave. 

San Francisco, CA 94112
-----Original Message----- 

From: john.d.anderson@juno.com [mailto:john.d.anderson@juno.com] 

Sent: Sunday, April 25, 2010 9:57 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. 

Thank you for ensuring that mental health care and physical health care 

coverage are included in a single deductible. 

Sincerely, 

John D. Anderson 

11463 Golden Gate Ct 

Yucaipa, CA 92399
Exhibit 10.1

                      Summary of Revised Compensation Terms


Base Salary - $342,000, retroactive to March 1, 2006

Bonus - For each fiscal year commencing with the fiscal year ending in June
2006, 5% of EBITDA (Earnings Before Interest, Taxes, Depreciation and
Amortization) determined in accordance with Generally Accepted Accounting
Principles and calculated without taking into account any payments made by
Windswept to Laurus Master Fund, Ltd. The amount of such bonus and the date of
payment shall be authorized by the Compensation Committee within 90 days after
the end of each fiscal year.

All other terms and conditions of the Employment Agreement, dated June 30, 2005,
between Windswept and Michael O'Reilly shall remain in full force and effect.
§ 178.520 Standards for textile bags. ( a ) The following are identification codes for textile bags: ( 1 ) 5L1 for an unlined or non-coated textile bag;
( 2 ) 5L2 for a sift-proof textile bag; and
( 3 ) 5L3 for a water-resistant textile bag.
( b ) Construction requirements for textile bags are as follows: ( 1 ) The textiles used must be of good quality. The strength of the fabric and the construction of the bag must be appropriate to the capacity and intended use of the bag.
( 2 ) Bags, sift-proof, 5L2: The bag must be made sift-proof, by appropriate means, such as by the use of paper bonded to the inner surface of the bag by a water-resistant adhesive such as bitumen, plastic film bonded to the inner surface of the bag, or one or more inner liners made of paper or plastic material.
( 3 ) Bags, water-resistant, 5L3: To prevent entry of moisture, the bag must be made waterproof by appropriate means, such as by the use of separate inner liners of water-resistant paper (e.g., waxed kraft paper, tarred paper, or plastic-coated kraft paper), or plastic film bonded to the inner surface of the bag, or one or more inner liners made of plastic material or metalized film or foil.
( 4 ) Maximum net mass: 50 kg (110 pounds).
[Amdt. 178-97, 55 FR 52717, Dec. 21, 1990, as amended at 56 FR 66285, Dec. 20, 1991]
Editorial Note on Part 192
Editorial Note: Nomenclature changes to part 192 appear at 71 FR 33406, June 9, 2006.

§ 192.1013 When may an operator deviate from required periodic inspections under this part? ( a ) An operator may propose to reduce the frequency of periodic inspections and tests required in this part on the basis of the engineering analysis and risk assessment required by this subpart.
( b ) An operator must submit its proposal to the PHMSA Associate Administrator for Pipeline Safety or, in the case of an intrastate pipeline facility regulated by the State, the appropriate State agency. The applicable oversight agency may accept the proposal on its own authority, with or without conditions and limitations, on a showing that the operator's proposal, which includes the adjusted interval, will provide an equal or greater overall level of safety.
( c ) An operator may implement an approved reduction in the frequency of a periodic inspection or test only where the operator has developed and implemented an integrity management program that provides an equal or improved overall level of safety despite the reduced frequency of periodic inspections.
From: kenhalt@yahoo.com [mailto:kenhalt@yahoo.com] 

Sent: Sunday, April 25, 2010 1:07 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Ken Haltenhoff 

421 Wild Way 

Santa Cruz, CA 95065
[Grafton,

June, 1880.]

#### Henry *v.*Presby.

Trespass *de*bonis, for a colt. Facts found by a referee. One Allard, having mortgaged his mare to the plaintiff, made with the defendant a contract by which the defendant, for the price of $50, was to have a colt to be raised from the mare, and to be taken by the defendant when four months old. When the colt was two months old, Allard mortgaged it and the mare to the plaintiff. When it was four months old, Allard delivered it to the plaintiff, who had been informed of the contract. The defendant took the colt from the plaintiff’s possession, and refused to pay him the $50.

*S. B.*Page, for the plaintiff.

*Poster*and Carpenter, for the defendant.

*580Bingham, J.

The plaintiff, as- mortgagee, ratifying the mortgagor’s contract with the defendant, was entitled to the price which the defendant was bound to pay before taking the property.

*Judgment for the plaintiff.*

Stanley, J., did not sit: the others concurred.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1992 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1992

To modify the Suwannee River navigation project, Florida, to authorize 
 dredging of the McGriff Pass instead of the East and Alligator Passes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 1995

 Mrs. Thurman introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To modify the Suwannee River navigation project, Florida, to authorize 
 dredging of the McGriff Pass instead of the East and Alligator Passes.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the navigation 
project for Suwannee River, Florida, authorized by the Act entitled 
``An Act making appropriations for the construction, repair, 
completion, and preservation of certain works on rivers and harbors, 
and for other purposes'', approved June 14, 1880 (21 Stat. 191), is 
modified to authorize the Secretary of the Army to dredge the McGriff 
Pass (formerly known as ``Wadley Pass'') instead of dredging the East 
Pass and Alligator (West) Pass in accordance with the terms and 
conditions which apply to the dredging of the East and Alligator 
Passes.
                                 <all>
```
```

[Journal of the House of Representatives, 1995]
[Friday, June 30, 1995 (90), Para 90.18 Permission to File Report]
[Page 1092]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.90.18  permission to file report

  On motion of Mr. LEWIS of California, by unanimous consent, the 
Committee on Appropriations was granted permission until midnight 
tonight to file a privileged report (Rept. No. 104-172) on the a bill 
(H.R. 1976) making appropriations for the Department of Agriculture, 
Rural Development, Food and Drug Administration, and Related Agencies 
programs for the fiscal year ending September 30, 1996, and for other 
purposes.
  Pursuant to clause 8 of rule XXI, all points of order were reserved.
```
From: hotaclumama@gobrainstorm.net 

[mailto:hotaclumama@gobrainstorm.net] 

Sent: Saturday, April 24, 2010 11:52 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 24, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Ms. Stacey A. Ward, Esq. 

12 Bravo Rd. 

Los Lunas, NM 87031
IIA

104TH CONGRESS

1ST SESSION H. R. 1874

IN THE SENATE OF THE UNITED STATES

AUGUST 1 (legislative day, JULY 10), 1995

Received; read twice and referred to the Committee on Agriculture, Nutrition,

and Forestry

AN ACT

To modify the boundaries of the Talladega National Forest,

Alabama.

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

HR 1874 RFS

1 SECTION 1. EXPANSION OF TALLADEGA NATIONAL FOREST.

2 (a) BOUNDARY MODIFICATION.—The exterior bound3 aries of the Talladega National Forest is hereby modified

4 to include the following described lands:

5 Huntsville Meridian, Township 17 South,

Range 8 East, Section 34, NE1⁄4, SW1 6 ⁄4, and

S1⁄2NW1 7 ⁄4, Cleburne County, containing 399.40

8 acres, more or less.

9 Huntsville Meridian, Township 13 South,

Range 9 East, Section 28, SE1 10 ⁄4, Calhoun County,

11 containing 160.00 acres, more or less.

12 (b) ADMINISTRATION.—(1) Subject to valid existing

13 rights, all Federal lands described under subsection (a)

14 are hereby added to and shall be administered as part of

15 the Talladega National Forest, and the Secretary of the

16 Interior shall transfer, without reimbursement, adminis17 trative jurisdiction over such lands to the Secretary of Ag18 riculture.

19 (2) Nothing in this section shall be construed to af20 fect the validity of or the terms and conditions of any ex21 isting right-of-way, easement, lease, license, or permit on

22 lands transferred by subsection (a), except that such lands

23 shall be administered by the Forest Service. Reissuance

24 of any authorization shall be in accordance with the laws

25 and regulations generally applying to the Forest Service,

26 and the change of jurisdiction over such lands resulting
3

HR 1874 RFS

1 from the enactment of this Act shall not constitute a

2 ground for the denial of renewal or reissuance of such au3 thorization.

Passed the House of Representatives July 31, 1995.

Attest: ROBIN H. CARLE,

Clerk.
###### Editorial Note on Part 193

#### Editorial Note:

Nomenclature changes to part 193 appear at 71 FR 33408, June 9, 2006.

#### § 193.2003 [Reserved]
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2216 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 2216

         To abolish the Local Rail Freight Assistance Program.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1995

 Mr. Franks of New Jersey (for himself, Mr. Martini, Mr. Stockman, Mr. 
 Zimmer, Mr. Frelinghuysen, and Mr. LoBiondo) introduced the following 
    bill; which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL

 
         To abolish the Local Rail Freight Assistance Program.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. TERMINATION OF LOCAL RAIL FREIGHT ASSISTANCE PROGRAM.

    Part B of subtitle V of title 49, United States Code, and the items 
relating thereto in the table of chapters of such subtitle, are 
repealed.
                                 <all>
```