alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Peter M. Sorensen, Respondent, v Charles J. Nazarian et al., Appellants.

Crew III, J.

Appeal from a judgment *418of the Supreme Court (McDermott, J.), entered May 23, 1990 in Albany County, upon a verdict rendered in favor of plaintiff.

On January 16, 1984 at about 9:15 a.m., plaintiff was driving his car north on Boght Road in the Town of Colonie, Albany County. The weather on that day was cloudy, overcast and gray with patchy fog. As he proceeded along Boght Road, plaintiff saw something ahead which appeared to be more fog. However, when he was within 10 feet of what appeared to him to be fog, plaintiff observed a large truck stopped in his lane of travel. He turned into the southbound lane of traffic, saw a car approaching, swerved back to the northbound lane and collided with the truck. As a result of the collision, plaintiff’s jaw was fractured and he lost five teeth. Plaintiff commenced this action for personal injuries against both the owner and operator of the truck. After trial a jury returned a verdict for plaintiff in the amount of $150,000 for past pain and suffering and $50,000 for future pain and suffering, and apportioned liability as 5% attributable to plaintiff and 95% to defendants. Defendants moved to set aside the verdict as being against the weight of the evidence and also moved to set the verdict aside as excessive. Supreme Court denied both motions and this appeal ensued.

Defendants contend that the jury’s apportionment of fault between the parties is against the weight of the evidence. They claim that plaintiff failed to maintain a proper lookout as a result of which plaintiff was mostly, if not totally, responsible for colliding with their truck. We disagree. Viewing the evidence in a light most favorable to plaintiff, the jury could have fairly interpreted it to demonstrate that defendants’ truck was stopped in the northbound lane emitting exhaust which appeared to plaintiff as fog and that plaintiff’s unfocused attention was due to that latent circumstance, thereby making him minimally responsible for the accident. Accordingly, we decline to disturb the verdict as against the weight of the evidence *(see, Meyer v Smiley Bros.,*145 AD2d 674, 675; *Schnarch v Owen,*124 AD2d 372, 375). Defendants’ remaining arguments have been examined and found to be unpersuasive. Any argument regarding Supreme Court’s charge concerning the factual contentions of the parties was waived due to defendants’ failure to object to the charge as given (CPLR 4110-b; *see, Zito v New York State Elec. & Gas Corp.,*122 AD2d 499, 500-501). Furthermore, we do not find the verdict to be excessive as it did not deviate materially *419from what would be deemed reasonable compensation *(see, Russell v Hepburn Hosp.,*173 AD2d 985).

Casey, J. P., Weiss, Mikoll and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.
# C_2008158EN.01001201.xml

| 21.6.2008 | EN | Official Journal of the European Union | C 158/12 |
| --- | --- | --- | --- |

21.6.2008

EN

Official Journal of the European Union

C 158/12

---

Reference for a preliminary ruling from the Tribunal Superior de Justicia de Cataluña, Spain lodged on 14 April 2008 — N.N. Renta, S.A. v Generalitat de Catalunya

(Case C-151/08)

(2008/C 158/17)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Cataluña, Spain

Parties to the main proceedings

Applicant: N.N. Renta, S.A.

Applicant:

Defendants: Generalitat de Catalunya

Defendants:

Question referred

Is it compatible with Article 33 of the Sixth Council Directive 77/388/EEC (1) of 17 May 1977 to maintain the variable or proportional amount of the duty on documented legal transactions when the latter is chargeable on the conclusion of a purchase by an undertaking whose business activity consists of buying and selling immovable property or purchasing immovable property for development or letting, the chargeable event or transaction, the basis of assessment and the taxable person in respect of the duty on documented legal transactions being the same as those in respect of value added tax, which is chargeable simultaneously in respect of the same purchase?

1

---

(1)  OJ L 145, p. 1; EE 09/01, p. 54.

1

---
# Knox - Appalachian Regional Commission

- East Tennessee Development District Executive Director Rick Yakubic Email &#x72;&#x79;&#97;k&#x75;&#x62;&#105;&#99;&#64;&#x65;&#x74;&#100;&#100;&#46;&#x6f;&#x72;&#103;The post East Tennessee Development District appeared first on Appalachian Regional Commission.
<PAGE>
                                                                   EXHIBIT 10.18



                              [TEPPCO LETTERHEAD]


                                 FIFTH AMENDMENT
                                       TO
                           CRUDE OIL PURCHASE CONTRACT

THIS FIFTH AMENDMENT TO CRUDE OIL PURCHASE CONTRACT the ("Amendment") is
entered into on November 5, 2001 by and between Coho Oil & Gas, Inc. ("Coho")
and TEPPCO Crude Oil, L.P. ("TCO").

                                    RECITALS

A.    Coho and TCO are the parties to that certain Crude Oil Purchase Contract
      COH-P00102117-M dated September 20, 2000, which has been previously
      amended (as amended, the "Original Agreement").

B.    Coho and TCO desire to amend the Original Agreement to reflect that
      effective October 1, 2001, the provisions entitled "Price" and Term" on
      the front page of the Original Agreement have changed.

FOR GOOD AND VALUABLE CONSIDERATION, the parties hereto agree as follows:

1.    The provision entitled "Price" on the front page of the Original Agreement
      is hereby amended as follows:

      The simple monthly average of the daily settlement price of the NYMEX
      crude oil contract, during the month of delivery (Nymex trading days only)
      deemed 40 degrees and deemed delivered in equal daily quantities minus the
      amounts shown on Exhibit A, Amendment 5 and Exhibit B, Amendment 5.

2.    The provision entitled "Term" on the front page of the Original Agreement
      is hereby amended as follows:
      Commencing October 1, 2001 through September 30, 2002, thereafter month to
      month until either party provides a thirty (30) days advance written
      notice of cancellation.

3.    Except as modified and amended herein, the terms and provisions of the
      Original Agreement shall remain in full force and effect and are ratified
      hereby.

THE PARTIES HERETO have executed this Amendment as of the day and year first
above written, but to be effective October 1, 2001.

COHO OIL & GAS, INC.

By: /s/ GARY L. PITTMAN
    ---------------------------
Name: Gary L. Pittman
     --------------------------
Title: CFO
      -------------------------

TEPPCO CRUDE OIL, L.P.

By TEPPCO Crude GP, LLC,
Its general partner

By: /s/ D. GREGORY SCOTT
    ------------------------------
    D. Gregory Scott
    Vice President Crude Supply
#### Salvatore Lo Monaco, Respondent, v Teresa Belfiore et al., Defendants, and Dollar Dry Dock Savings Bank, Appellant.

— Judgment of the Supreme Court, Bronx County (Anita Florio, J.), which granted plaintiff’s motion for summary judgment against defendant Dollar Dry Dock Savings Bank ("Dollar”), unanimously reversed, on the law, the motion denied, without costs, and Supreme Court directed to issue an order directing defendant Dollar to hold the disputed funds as a stakeholder (CPLR 1006).

Defendant Teresa Belfiore gave plaintiff Salvatore Lo Monaco a power of attorney, pursuant to which Lo Monaco withdrew $20,000 from her savings account with defendant Dollar on December 5, 1988. Lo Monaco alleges the withdrawal was in repayment of a loan. Teresa Belfiore charges that the withdrawal was procured by fraud. In any event, Dollar issued to Lo Monaco a teller’s check, drawn on its account with the Federal Home Loan Bank of New York. After depositing the check in his account at the Bank of New York, Lo Monaco was notified that payment had been stopped.

The issue raised upon this appeal is whether Dollar was authorized to stop payment or whether, as plaintiff maintains and Supreme Court held, issuance of the check by Dollar amounted to an acceptance which rendered any purported stop payment order ineffectual.

The cases relied upon by Supreme Court concern cashier’s checks, that is, checks drawn by a bank on funds it maintains at one of its *own*branches. As the Court of Appeals stated the *60rule: "A cashier’s check is the primary obligation of the issuing bank which, acting as both drawer and drawee, accepts the check upon its issuance” *(Dziurak v Chase Manhattan Bank,*44 NY2d 776, 777; UCC 3-410 [1]; *see also, Banco Di Roma v Merchants Bank,*92 AD2d 42). Therefore, a cashier’s check is not an item payable for a customer’s account within the contemplation of UCC 4-403 (1). A teller’s check, by contrast, is drawn by a bank against funds it maintains at *another*bank as a customer (UCC 4-104 [1] [e]) and, in that capacity, the drawer bank "may by order * * * stop payment of any item payable for [its] account” (UCC 4-403 [1]; *Cling Corp. v Ridgewood Sav. Bank,*133 AD2d 662).

Supreme Court clearly misapprehended the nature of the instrument at issue. Dollar, as the customer of the Federal Home Loan Bank at which it maintained an account, had the authority to stop payment on the teller’s check drawn on that account. Moreover, in its papers in opposition to the summary judgment motion, Dollar requested that "an order be issued directing Dollar Dry Dock to retain the monies until the issues between the parties hereto are finally determined.” Given the conflicting claims of Lo Monaco and Belfiore, such an order is appropriate in order to avoid exposing Dollar to multiple liability (CPLR 1006 [a]). Concur — Sullivan, J. P., Carro, Wallach and Rubin JJ.
5 

Attachment 1 

The relief provided by Exemption No. 5549N is limited to the certificate holders listed 

below1

: 

Airlines for America 

Alaska Airlines, Inc. 

American Airlines, Inc. and/or US Airways, Inc. 

Atlas Air, Inc. 

Federal Express Corporation 

Hawaiian Airlines, Inc. 

JetBlue Airways Corporation 

Southwest Airlines Co. 

United Airlines, Inc 

United Parcel Service Co. 

Additional Certificate Holders2

Air Transport International, Inc. 

Delta Air Lines, Inc. 

Frontier Airlines, Inc. 

MN Airlines, LLC (DBA Sun Country Airlines) 

Spirit Airlines, Inc. 

Virgin America, Inc. 

 

1 Attachment amended February 1, 2017. 2 Additional certificate holders petitioned for exemption through the following FAA Docket Numbers: Air 

Transport International Inc. FAA-2016-9085, Delta Air Lines, Inc. FAA-2016-8237, Frontier Airlines, Inc. 

FAA-2016-9441, MN Airlines, LLC (DBA Sun Country Airlines) FAA-2016-9136, and Spirit Airlines, Inc. 

FAA-2016-9440, Virgin America, Inc. (FAA-2017-0104).
Annex 6. Item 6.3. – Article 1.1.5. of Chapter 1.1. Notification of diseases and provision of epidemiological information

CHAPTER 1.1.

**USA COMMENTS IN RED FONT**

NOTIFICATION OF DISEASES, AND PROVISION OF EPIDEMIOLOGICAL INFORMATION

[...]

Article 1.1.5.

1)	The Competent Authority of a country in which an infected zone or compartment is located shall inform the Headquarters when this country, zone or compartment becomes free from the disease.

2)	A country, zone or compartment may be considered to have regained freedom from a specific disease when all relevant conditions given in the Aquatic Code have been fulfilled.

3)	The Competent Authority of a Member Country which establishes one or several free zones or free compartments shall inform the Headquarters, giving necessary details, including the criteria on which the free status is based, the requirements for maintaining the status and indicating clearly the location of the zones or compartments on a map of the territory of the Member Country.

Article 1.1.65.

1)	Although Member Countries are only required to notify WOAH of detections of*listed diseases* and *emerging diseases*, they are encouraged to provide WOAH with other important *aquatic animal* health information.

2)	The *Headquarters* shall communicate by email or through the interface of WAHIS to *Competent Authorities*all *notifications* received as provided in Articles 1.1.2. to 1.1.~~5~~4. and other relevant information.

**RATIONALE:**This****language clarifies to which entity members are required to notify.

[...]

____________
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[House]
[Page H5710]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Ms. HOCHUL:
       H.R. 6329.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I of the Constitution of the United States.
```
# Rabun - Appalachian Regional Commission

- Georgia Mountains Regional Commission Executive Director Heather Feldman Email &#104;f&#101;l&#100;m&#x61;n&#x40;g&#x6d;r&#x63;&#46;&#x67;a&#x2e;g&#x6f;vThe post Georgia Mountains Regional Commission appeared first on Appalachian Regional Commission.
<PAGE>
Exhibit 4.1

                           SHORT TERM PROMISSORY NOTE

US$5,000                                                          April 27, 2007

         FOR VALUE RECEIVED, Voyager One, Inc. promises to pay to the order of
Cathy A. Persin at such place as the holder of this Note may from time to time
designate, the principal sum of Five Thousand Dollars together with simple
interest from the date funds are received by Voyager Petroleum, Inc. at the rate
of five percent (5) per annum on the principal balance.

         The note matures and becomes due May 2, 2007. The amount of the payment
shall be an amount equal to the outstanding principal and unpaid interest.

         All payments on account of the indebtedness evidenced by this note
shall be first applied to interest on the unpaid principal balance, then to
principal and the remainder to the commitment fee.

         All parties to this note severally waive presentment for payment,
notice of dishonor, protest and notice of protest.

         This note shall be effective as of the date above regardless of when it
is signed.



Voyager Petroleum, Inc.                     Cathy A. Persin
123 East Odgen Avenue-Suite 102A
Hinsdale, IL  60521
Phone: 630-325-7130
Fax:  630-325-7140


BY: /s/ Sebastien C. DuFort                  BY: /s/ Cathy A. Persin
    ------------------------------               ------------------------------
    SIGNATURE                                    SIGNATURE & DATE
    SEBASTIEN C. DUFORT                          CATHY A. PERSIN
    PRESIDENT
```

[Congressional Record Volume 158, Number 116 (Wednesday, August 1, 2012)]
[Extensions of Remarks]
[Page E1377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

     DISTRICT OF COLUMBIA PAIN-CAPABLE UNBORN CHILD PROTECTION ACT

                                 ______
                                 

                               speech of

                           HON. BOB GOODLATTE

                              of virginia

                    in the house of representatives

                         Tuesday, July 31, 2012

  Mr. GOODLATTE. Mr. Speaker, H.R. 3803 would prevent abortions of 
unborn children who are more than 20 weeks after fertilization--the age 
at which scientific evidence shows that they can feel great pain.
  This bill will prevent brutal, late term abortion procedures, 
including one in which unborn children are mutilated and dismembered 
while they are still alive. Only the most calloused among us can hear 
the description of these types of procedures and not react with 
disgust.
  I strongly believe that life begins at conception, and that we should 
protect the lives of innocent unborn children. I wish this bill went 
even further, but the absolute least we can do is ban abortion when we 
know the unborn children experience great pain. I urge support of this 
important legislation.

                          ____________________
```
**Exhibit        32**

**CERTIFICATION        OF CHIEF EXECUTIVE OFFICER,**

**CHIEF        OPERATING OFFICER AND CHIEF FINANCIAL OFFICER**

**Pursuant        to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §        1350)**

|         |                                     |                                       |
|--------------|------------------------------------------|--------------------------------------------|
|         |                                     |
|    |                                |                                  |
|         | By:                            | /s/ William                  C. Wiley |
|         | William                  C. Wiley        |
|         | Chief                  Executive Officer |

|         |                                     |                                     |
|--------------|------------------------------------------|------------------------------------------|
|         |                                     |
|    |                                |                                |
|         | By:                            | /s/ Bruce                  B. Nolte |
|         | Bruce                  B. Nolte          |
|         | Chief                  Operating Officer |

|                                              |                                                      |                                        |
|---------------------------------------------------|-----------------------------------------------------------|---------------------------------------------|
|                                              |                                                      |
|                                         |                                                 |                                   |
|                                              | By:                                             | /s/ Thomas                  M. Crowder |
|                                              | Thomas                  M. Crowder                        |
|  Date: August                  12, 2005 | Chief                  Financial                  Officer |
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[Senate]
[Page S5976]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                    EXECUTIVE REPORTS OF COMMITTEES

  The following executive reports of nominations were submitted:

       By Mr. LEAHY for the Committee on the Judiciary.
       Thomas M. Durkin, of Illinois, to be United States District 
     Judge for the Northern District of Illinois.
       William H. Orrick, III, of the District of Columbia, to be 
     United States District Judge for the Northern District of 
     California.
       Jon S. Tigar, of California, to be United States District 
     Judge for the Northern District of California.
       By Mrs. MURRAY for the Committee on Veterans' Affairs.
       *Thomas Skerik Sowers II, of Missouri, to be an Assistant 
     Secretary of Veterans Affairs (Public and Intergovernmental 
     Affairs).

  *Nomination was reported with recommendation that it be confirmed 
subject to the nominee's commitment to respond to requests to appear 
and testify before any duly constituted committee of the Senate.
  (Nominations without an asterisk were reported with the 
recommendation that they be confirmed.)

                          ____________________
```
```

[Congressional Record Volume 158, Number 118 (Friday, August 3, 2012)]
[Extensions of Remarks]
[Page E1440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                CELBRATING FIRST BOOK'S 20TH ANNIVERSARY

                                 ______
                                 

                          HON. DANNY K. DAVIS

                              of illinois

                    in the house of representatives

                        Thursday, August 2, 2012

  Mr. DAVIS of Illinois. Mr. Speaker, I rise today to ask the House of 
Representatives to join me in honoring First Book on the occasion of 
their twentieth anniversary and celebrating their work on behalf of 
children in need, in Illinois and across the country.
  First Book is a nonprofit that provides brand-new books and 
educational resources to schools and community programs serving 
children from low-income families. Since 1992 they have distributed 
over 90 million new books to kids in need.
  First Book was founded twenty years ago by Peter Gold, Elizabeth Arky 
and Kyle Zimmer. After working with children in some of the poorest 
neighborhoods in the Nation's capital and seeing how their futures were 
limited by their lack of access to books and resources, they created 
First Book.
  Ms. Zimmer continues to lead the organization today, and her vision 
and passion have helped First Book grow from a local nonprofit to a 
global social enterprise with an unsurpassed record of success.
  First Book is set apart by more than their deep commitment to the 
children, teachers and community leaders they serve. By working with 
the publishing industry to create new and innovative ways to get books 
and resources to children in need, they are creating a ground-breaking 
and self-sustaining model that benefits both the donors and the 
recipients.
  First Book is also committed to empowering teachers and program 
leaders, ensuring that the educators closest to the children choose the 
books that have the greatest chance of turning those young people into 
lifelong readers.
  I ask the House to join me in honoring First Book and further ask the 
members to introduce First Book to teachers and community leaders in 
their home districts. The more schools and local programs join First 
Book's network, the closer we will come to achieving equity in 
education for all our children.

                          ____________________
```
I 

115TH CONGRESS 

1ST SESSION H. R. 4511 

To amend title 18, United States Code, to prohibit former Members of 

Congress from lobbying Members, officers, or employees of Congress. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2017 

Mr. BLUM introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit former 

Members of Congress from lobbying Members, officers, 

or employees of Congress. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Golden Parachutes 

5 for Public Service Act’’. 

6 SEC. 2. PROHIBITION AGAINST LOBBYING OF CONGRESS 

7 BY FORMER MEMBERS. 

8 (a) SENATORS.—Section 207(e)(1)(A) of title 18, 

9 United States Code, is amended by striking ‘‘within 2 

10 years’’. 


dlhill on DSK3GLQ082PROD with BILLS
2 

•HR 4511 IH

1 (b) MEMBERS AND OFFICERS OF THE HOUSE OF

2 REPRESENTATIVES.—Section 207(e)(1)(B)(i) of such title 

3 is amended by striking ‘‘within 1 year’’. 

4 SEC. 3. EFFECTIVE DATE. 

5 The amendments made by this Act shall apply with 

6 respect to individuals who leave office on or after the date 

7 of the enactment of this Act. 

Æ 


dlhill on DSK3GLQ082PROD with BILLS