alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
##### 



PUT RIGHT AGREEMENT
 THIS PUT RIGHT AGREEMENT PRIMEENERGY CORPORATION, PRIME OFFSHORE L.L.C.,
 WHEREAS,
 WHEREAS,
 WHEREAS,
 WHEREAS,
 WHEREAS,
 NOW, THEREFORE,
 Put Conditions.




---



##### 



Put Right.
 Exercise of Put Right.
 Put Settlement Payment. fair mark-to-market value
 Effective Date of Assumption.
 Governing Law and Venue.
 Amendment.
 Binding Effect. provided, however,
 - 2 -




---



##### 



that
 Headings.
 Notices.
  th
 
  
 
 Rights of Third Parties.
 Counterparts.
 - 3 -




---



##### 



PRIMEENERGY CORPORATIONBy:
    
    /s/ Beverly A. CummingsName: Beverly A. CummingsTitle: Executive Vice President & CFOPRIME OFFSHORE L.L.C.By:
    
    /s/ Jim R. BrockName: Jim R. BrockTitle: President & CFO
 - 4 -




---



##### 



EXHIBIT I
 
 Month
    
    VolumeJanuary 2007
    
    
    285,000February 2007
    
    
    260,000March 2007
    
    
    285,000April 2007
    
    
    270,000May 2007
    
    
    275,000June 2007
    
    
    260,000July 2007
    
    
    265,000August 2007
    
    
    235,000September 2007
    
    
    145,000October 2007
    
    
    67,000November 2007
    
    
    67,000December 2007
    
    
    66,000
Before the Third Division,

June 11, 1957

No. 60830.

#### H. Z. Bernstein Co., Inc., and Dubera Corp. *v.*United States,

protest 182026-K (New York).

*532Opinion by

Johnson, J.

In accordance with stipulation of counsel that the merchandise consists of resistors similar in all material respects to those the subject of Abstract 57045, the claim of the plaintiffs was sustained.
Exhibit 10(c)


                      AMENDMENT TO EMPLOYMENT AGREEMENT


         THIS AMENDMENT TO EMPLOYMENT AGREEMENT ("Amendment") is entered into
as of April 7, 1999, between JACOBSON STORES INC., a Michigan corporation of
Jackson, Michigan (the "Company"), and JAMES A. RODEFELD, of Jackson,
Michigan ("Gilbert").

         THE PARTIES HEREBY AGREE that the restated Employment Agreement
between them dated as of June 11, 1998 (the "Agreement"), is amended
effective April 11, 1999, as follows:

         1. Compensation. The phrase "Two Hundred Thousand Dollars
($200,000)" in paragraph 2 of the Agreement is amended to read "Two Hundred
Fifty Thousand Dollars ($250,000)".

         2. Change in Control. The figure "40%" appearing twice in paragraph
5(e)(iii)(1) and once in paragraph 5(e)(iii)(3) of the Agreement is amended
to read "20%".

         Except as expressly amended hereby, the Agreement shall continue in
full force and effect.


IN THE PRESENCE OF:                     JACOBSON STORES INC.


     /s/ Timothy J. Spalding                By:    /s/ P. Gerald Mills
-----------------------------------         ----------------------------------
                                             P. Gerald Mills
                                             Its:  Chairman of the Board and
                                                     Chief Executive Officer


     /s/ Dana J. Collins                    /s/ James A. Rodefeld 
-----------------------------------     --------------------------------------
                                        James A. Rodefeld
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Centers for Medicare & Medicaid Services 

# AGENCY:

Department of Health and Human Services (HHS), Centers for Medicare & Medicaid Services (CMS). 

# ACTION:

Notice of Retraction of a Modified System of Records. 

# SUMMARY:

                        The Centers for Medicare & Medicaid Services CMS inadvertently published a modification to its existing system of records titled “Medicare Drug Data Processing System (DDPS)” System No. 09-70-0553 in the                         **Federal Register**                         on Thursday, February 22, 2007 (72 FR 7993). CMS is withdrawing the February 22, 2007 modification to the DDPS system of records pending the conclusion of rulemaking that will support the routine uses of data contained in the system of records. The existing notice established at 70 FR 58436 (October 6, 2005) will remain the effective notice for the DDPS system of records.                     

# FOR FURTHER INFORMATION CONTACT:

                        Inquiries may be directed to: CMS Privacy Officer, Division of Privacy Compliance, Enterprise Architecture and Strategy Group, Office of Information Services, CMS, Room N2-04-27, 7500 Security Boulevard, Baltimore, Maryland 21244-1850. He can also be reached at 410-786-5357 or by e-mail at                         *walter.stone@cms.hhs.gov.*

Dated: February 28, 2007. 

William Saunders, 

Acting Deputy Director,  Office of Information Services,  Centers for Medicare & Medicaid Services.

 [FR Doc. E7-4133 Filed 3-7-07; 8:45 am] 

BILLING CODE 4120-03-P
(Reap. Dec. 10433)

#### Western Dairy Products, Inc. *v.*United States

Entry No. 61263.

(Decided January 16, 1963)

*6lad & Tuttle (Edward, N. 6-lad,*of counsel) for the plaintiff.

*Joseph D. Quilfoyle,*Acting Assistant Attorney General *(Morris Bra-verman,*trial attorney), for the defendant.

Johnson, Judge:

When this appeal for reappraisement was called for trial, it was submitted upon the following stipulation of counsel for the respective parties:

> Me. Glad : If it please the Court, I offer to stipulate that the merchandise involved herein consists of Colby cheese exported from Australia on or about April 19,1961.

> I further offer to stipulate that during the period of exportation there was no foreign value or export value for such or similar merchandise, as defined by the statute, and that the freely offered United States value for such or similar merchandise was 26.4 cents per pound, net, packed.

> Mb. Beaveeman : From information obtained from Examiner Max Ringell, at the Port of Los Angeles, the Government so stipulates.

On the agreed facts, I find that United States value, as that value is defined in section 402(c) of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, 70 Stat. 943, is the proper basis for the determination of the value of the merchandise involved herein and that such value is 25.4 cents per pound, net, packed.

Judgment will be rendered accordingly.
No. 50993.

#### Protests 61927-K, etc., of Superior Linen Co., Inc., et al. (New York).

Opinion by

Ekwall, J.

In accordance with stipulation of counsel the court found that the facts herein agreed upon were such as to bring the case within the holding in *John Barr*v. *United States*(11 Cust. Ct. 88, C. D. 801), which record was incorporated herein. (See *John Barr*v. *United States,*324 U. S. 83, decided *254February 5, 1945.) In accordance therewith it was held that the currency of the invoices should be converted at the buying rate in the New York market at noon on the day of exportation (the “free” rate of exchange for pounds sterling), as certified by the Federal Reserve bank and set forth by the collector on each of the entries involved. The protests were sustained to this extent.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-2118

PEPI SCHAFLER, DR., Plaintiff - Appellant, versus SCOTT D. FIELD, Esquire; REZNICK FEDDER & SILVERMAN, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Alexander Williams, Jr., District Judge. (CA-01-984-AW) Submitted: January 15, 2002 Decided: February 5, 2002 Before WILKINS, MICHAEL, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. Doctor Pepi Schafler, Appellant Pro Se. Kenneth Oestreicher, WHITEFORD, TAYLOR & PRESTON, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Dr. Pepi Schafler appeals the district court’s order granting the Appellees’ motion to dismiss under Fed. R. Civ. P. 12(b)(6). We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Schafler v. Field , No. CA-01-984-AW (D. Md. filed Aug. 22, 2001; entered Aug. 23, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### UNITED STATES, Appellee v WILLIAM DAVIS, JR., Private, U. S. Marine Corps, Appellant

18 USCMA 75, 39 CMR 75

No. 21,341

December 20, 1968

*Lieutenant David E. Miller,*JAGC, USNR, was on the pleadings for Appellant, Accused.

*Commander Walter F. Brown,*JAGC, USN, was on the pleadings for Appellee, United States.

Opinion of the Court

Per Curiam:

A divided board of review affirmed the accused's conviction by a special court-martial of four specifications ,of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886. Since the record of trial indicated that the accused was represented by assistant defense counsel in the absence of appointed defense counsel, under circumstances substantially similar to those in United States v Nichelson, 18 USCMA 69, 39 CMR 69, then pending decision, we granted his petition for review. For the reasons set out in our opinion in *Nichelson,*we affirm the decision of the board of review.

Judge Darden did not participate in the decision in this case.
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Speech Enabled
SERVED: AUGUST 30, 1012 

30 2: t~O · 

u.s. DEPARTMENT()F TRANSPORTATION 

OFFICE OF HEARINGS . 

WASHINGTO~, DC 

.. :, 

:IN THE MATTER OF 

. ' 

M & M TANKS, INC. 

FAA DOCKET No. [TO.BE ASSIGNED], 

(Civil Penalty Case) · 

DMS No. FAA-2011-1118 

ORDER OF DISMISSAL 

.. 

·,..· 

, .. 

·-

')\ . 

.. 

On October 14, 2011, the FederaL Aviation Administration ("Complainant") filed a 

Complaint. On October 3, 2011, Respondent M & M Tanks, Inc. ("Respondent'1

)had requested 

a hearing. On August 28, 2012>, Complainant moved to·withdraw its Complaintf!"Citjng - ._ .:.. 

settlement. . . .., 

14 C.P.R. § 13.215 states: "At any time before or during' a he~ing, an ag~pcy attpmey 

may withdraw a complaint or party may withdraw a request for a he~ring without the 

consent of the administrative law judge. If an agency attorney withdraws the ~omplaint or 

a party withdraws the request for a hearing and the answer, 'the administratjve ~aw judge 

shall dismiss the proceedings under .this subpart witliprejudioe," ;;'?!:.: · · 

. .. .. .. ~ ... 

. . . . -~- . ~ 

WHEREFORE, the within filed Withdrawal ofComplainthaving been read and 

considered, it is ORDERED as follows: · · • 

w·",":r: 

Gwnplainl;lllts&;Witll~l:a~al,,O,f.(;}pmplaint·)J,~~~fl:0i~·,l!~r.eby'~'anted~r:tlnd 

2. This proc_eeding be and is hereby dismissed with preiudice. 

'.• 

.. 
SO ORDERED. 

Richard 

.~c~~~ C. Goodwin 

U.S. Administrative Law Judge 

Attachment- Service List 

... 

. . . . 

.. 

.. ' 

.. 

...... ~·· 

.•. 

. ........ 
SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: · Hearing Docket Clerk, AGC-430 

·wilbur Wright Building-Suite 2WI0001 

ONE COPY 

Stanford M.J. Manuia, Respondent's Counsel 

701 Bishop Street 

Honolulu, HI 96813 

TEL: 808-532-4543 

FAX: 808-532-4704 

M&M Tanks, Inc., Respondent 

ATTN: Michael Weitzenhoff 

1036 Mikole Street 

Honolulu, HI 96819 

Christopher Merrill, Complainant's Counsel 

Attorney, Office of the Regional Counsel, A WP-7.3 

Western-Pacific Region 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7105 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2011-1118 

(Civil Penalty Action) 

1 Service was byU. S. Mail. For service in person or by expedited courier, use the following address! 

Federal Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building-Suite 2Wl000, 

Washington, DC 20591, Attention: Hearing Docket Clerk, AGC-430.
#### UNITED STATES, Appellee v CHARLES J. SWEITZER, Airman Apprentice, U. S. Navy, Appellant

14 USCMA 39, 33 CMR 251

*40No. 16,758

May 10, 1963

*Lieutenant Colonel William H. Bennison,*USMC, was on the brief for Appellant, Accused.

*Lieutenant Colonel Remmel H. Dudley,*USMC, was on the brief for Appellee, United States.

Opinion of the Court

PER Curiam:

The accused’s case is before us on petition, following affirmance by the board of review of his conviction, among other things, of failure to obey a lawful order, in violation of Uniform Code of Military Justice, Article 92, 10 USC § 892, and approval of a sentence to bad-conduct discharge, forfeiture of §55.00 per month for four months, confinement at hard labor for four months, and reduction. Review of the transcript discloses that the competent evidence of record is insufficient in law to sustain the findings of guilty of the disobedience offense.

The order which accused allegedly disobeyed declared, insofar as we can ascertain, no more than that enlisted personnel “may wear civilian clothing while in a liberty or leave status” in certain described places on the installation at which Sweitzer was stationed. The record reveals only that accused, while in a liberty status and wearing civilian clothing, sought an extension of his authorized absence from the duty petty officer at his base, as his parents were visiting him. He was told he would have “to go through normal channels.” Accused thereupon visited his Wing Petty Officer at his place of duty and unsuccessfully sought authority to continue his liberty. He was still dressed in civilian clothing.

As we read the order, such conduct on his part did not violate its terms. Only by the broadest construction may a grant of permission to wear civilian clothing be converted into an injunction against its use under the particular circumstances set forth in this record. Cf. United States v Milldebrandt, 8 USCMA 635, 25 CMR 139; United States v Wilson, 12 USCMA 165, 30 CMR 165. Penal orders, like penal statutes, must be strictly construed. United States v Rowe, 13 USCMA 302, 32 CMR 302. We are, therefore, unable to interpret the regulation here involved in the manner necessary to support criminal liability for accused’s supposed neglect.

The petition for review is granted. The findings of guilty of Charge II and its specification are set aside, and the charge is ordered dismissed. The decision of the board of review is reversed, and the record of trial is returned to The Judge Advocate General of the Navy. The board may reassess sentence on the basis of the remaining charges and specifications.
EXHIBIT 32.1





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 Quarterly Report on Form 10-Q of WNC Housing Tax Credit Fund VI, L.P., Series 12 (the “Partnership”) for the quarters ended December 31, 2007, September 30, 2007 and June 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), and pursuant to 18 U.S.C., section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, I, Wilfred N. Cooper, Jr., President and Chief Executive Officer of WNC & Associates, Inc., general partner of the Partnership’s general partner, hereby certify that:





1.
The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, except to the extent that such provisions require the audit report of Local Limited Partnership financial statements to refer to the auditing standards of the Public Company Accounting Oversight Board for the Partnership’s annual financial statements and except that the Report is a cumulative report covering each of the quarters ended December 31, September 30 and June 30, 2007 and





2.
The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Partnership.











/s/Wilfred N. Cooper, Jr.


Wilfred N. Cooper, Jr.


President and Chief Executive Officer of WNC & Associates, Inc.


Date: August 26, 2011
No. 52025.

#### Bohemian Distributing Co. et al. *v.*United States,

protests 112074-K, etc. (Los Angeles, etc.).

Opinion by

Ekwall, J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<RESTATED>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          17,967
<SECURITIES>                                    40,162
<RECEIVABLES>                                  119,728
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               180,984
<PP&E>                                          32,992
<DEPRECIATION>                                  22,358
<TOTAL-ASSETS>                                 241,693
<CURRENT-LIABILITIES>                           34,058
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                         3,321
<OTHER-SE>                                     203,914
<TOTAL-LIABILITY-AND-EQUITY>                   241,693
<SALES>                                              0
<TOTAL-REVENUES>                               141,110
<CGS>                                                0
<TOTAL-COSTS>                                  124,565
<OTHER-EXPENSES>                                   142
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  50
<INCOME-PRETAX>                                 17,276
<INCOME-TAX>                                     7,428
<INCOME-CONTINUING>                                  0
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<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,848
<EPS-PRIMARY>                                      .15
<EPS-DILUTED>                                      .15


</TABLE>