alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Curtis Burdick, Appellant.

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered November 6, 1989, upon a verdict convicting defendant of the *836crimes of forgery in the second degree (three counts) and petit larceny (three counts).

Although defendant claims that his confession was involuntary, the investigator who took defendant’s statement testified that while he did tell defendant that he would not be arrested on the day of his confession, he also told defendant that he would be arrested at a later date. With respect to the question of restitution, the investigator testified that all he did was inform defendant that the issue was for the court to decide. In denying the motion to suppress, County Court credited the investigator’s testimony. Credibility is a question of fact and the record before us fails to indicate the existence of any extraordinary circumstances *(see, People v Jackson,*101 AD2d 955); therefore, we conclude that the court properly determined that the confession was not given as the result of any promises or threats made by the investigator to defendant. We have considered defendant’s remaining contentions and find them similarly lacking in merit.

Judgment affirmed. Weiss, J. P., Mikoll, Yesawich, Jr., Levine and Mercure, JJ., concur.
#### The People of the State of New York, Respondent, v Darryl Austin, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Huttner, J.), rendered August 18, 1988, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his guilt was not proven beyond a reasonable doubt and that the verdict was against the weight of the evidence because of inconsistencies between the testimony of the two prosecution witnesses. The defendant further contends that since both prosecution eyewitnesses were individuals of unsavory character, they were not worthy of belief by the jury.

Neither the minor inconsistencies in the testimony of these witnesses nor their criminal histories, rendered their accounts of the murder incredible as a matter of law. Viewing the evidence in the light most favorable to the prosecution *(see, People v Contes,*60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses *(see, People v Gaimari,*176 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see, People v Garafolo,*44 AD2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence *(see,*CPL 470.15 [5]).

Since the defendant did not object to the court’s instructions to the jury concerning the reconciliation of the inconsistencies in the prosecution witnesses’s testimony, his present claim of error is unpreserved for appellate review.

In addition, contrary to defendant’s contention, the court’s charge repeatedly and accurately conveyed to the jury the concept of reasonable doubt *(see, People v Blackshear,*112 AD2d 1044).

The defendant also argues that the so-called *"Allen”*instructions given to the jury coerced them into returning a verdict after they had twice reported a deadlock. Such instructions are proper provided they do not (1) urge that a dissenting juror abandon his or her own conviction and join in the *503opinion of other jurors, (2) attempt to coerce or compel the jury to agree upon a particular verdict, or (3) shame the jury into reaching a verdict *(see, People v Hardy,*109 AD2d 802). In the instant case, the instructions to the jury were free of these errors.

The sentence imposed was not excessive *(see, People v Lucas,*105 AD2d 545, 548, *cert denied*474 US 911; *People v Suitte,*90 AD2d 80).

We have examined the defendant’s remaining contentions, including those raised in his supplemental *pro se*brief, and have found them to be either unpreserved for appellate review or without merit *(see, People v Mullen,*44 NY2d 1, 4). Bracken, J. P., Kooper, Harwood and Balletta, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER>  1,000
       
<S>                             <C>
<PERIOD-TYPE>                                 6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                           636
<INT-BEARING-DEPOSITS>                           954
<FED-FUNDS-SOLD>                                   0
<TRADING-ASSETS>                                   0
<INVESTMENTS-HELD-FOR-SALE>                   12,713
<INVESTMENTS-CARRYING>                        14,958
<INVESTMENTS-MARKET>                          15,277
<LOANS>                                       47,081
<ALLOWANCE>                                      399
<TOTAL-ASSETS>                                79,906
<DEPOSITS>                                    58,071
<SHORT-TERM>                                       0
<LIABILITIES-OTHER>                              776
<LONG-TERM>                                    7,108
<COMMON>                                          14
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<OTHER-SE>                                    13,937
<TOTAL-LIABILITIES-AND-EQUITY>                79,906
<INTEREST-LOAN>                                1,988
<INTEREST-INVEST>                                831
<INTEREST-OTHER>                                  54
<INTEREST-TOTAL>                               2,873
<INTEREST-DEPOSIT>                             1,254
<INTEREST-EXPENSE>                             1,476
<INTEREST-INCOME-NET>                          1,397
<LOAN-LOSSES>                                     15
<SECURITIES-GAINS>                                 5
<EXPENSE-OTHER>                                  885
<INCOME-PRETAX>                                  586
<INCOME-PRE-EXTRAORDINARY>                       418
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                     418
<EPS-PRIMARY>                                    .37
<EPS-DILUTED>                                    .35
<YIELD-ACTUAL>                                  3.64
<LOANS-NON>                                       25
<LOANS-PAST>                                      87
<LOANS-TROUBLED>                                   0
<LOANS-PROBLEM>                                    0
<ALLOWANCE-OPEN>                                 384
<CHARGE-OFFS>                                      0
<RECOVERIES>                                       0
<ALLOWANCE-CLOSE>                                399
<ALLOWANCE-DOMESTIC>                               0
<ALLOWANCE-FOREIGN>                                0
<ALLOWANCE-UNALLOCATED>                          399
        

</TABLE>
[Federal Register Volume 65, Number 236 (Thursday, December 7, 2000)]
[Notices]
[Page 76652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31206]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Center for Complementary & Alternative Medicine; 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 given 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 Center for Complementary and 
Alternative Medicine Special Emphasis Panel NCCAM AIDS SEP-H08.
    Date: December 12, 2000.
    Time: 12:00 p.m. to 2:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Democracy II, Ste. 106, Bethesda, MD 20892, (Telephone 
Conference Call).
    Contact Person: Cecelia Maryland, Grants Technical Assistant, 
National Center for Complementary and Alternative Medicine, National 
Institutes of Health, Building 31, Room 5B50, Bethesda, MD 20892, 
(301) 480-2419.

    Dated: November 30, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-31206 Filed 12-6-00; 8:45 am]
BILLING CODE 4140-01-M
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 Commerce

###### United States Patent and Trademark Office

          - RIN 0651-AB25

# AGENCY:

U.S. Patent and Trademark Office, Commerce.

# ACTION:

Reopening of time period for acceptance of comments.

# SUMMARY:

On Tuesday, October 17, 2000, the United States Patent and Trademark Office published a notice seeking comments on a convention being negotiated by the Hague Conference on Private International Law that is designed to create common jurisdictional rules for international recognition and enforcement of judgments issued under these rules (65 F.R. 61306 (2000)). Interested members of the public were invited to present written comments on the topics outlined in the Issues for Public Comment section of the Notice by December 1, 2000.  This notice reopens the time period for submission of comments.  Comments will be accepted through January 12, 2001.

# EFFECTIVE DATE:

All comments are due by January 12, 2001.

# ADDRESSES:

                        Persons wishing to offer written comments should address those comments to  Director of the United States Patent and Trademark Office, Box 4, United States Patent and Trademark Office, Washington, DC 20231, marked to the attention of Elizabeth Shaw.  Comments may also be submitted by facsimile transmission to (703) 305-7575 or by electronic mail through the Internet to                         *elizabeth.shaw2@uspto.gov.*                         All comments will be maintained for public inspection in Room 902 of Crystal Park II, 2121 Crystal Drive, Arlington, Virginia.                    

# FOR FURTHER INFORMATION CONTACT:

Jennifer Lucas by telephone at (703) 305-9300; by facsimile at (703) 305-8885; by electronic mail at jennifer.lucas@uspto.gov; or by mail marked to the attention of Jennifer Lucas, Attorney-Advisor, addressed to Director of the United States Patent and Trademark Office, Box 4, Washington, DC 20231. 

Dated: December 5, 2000.

Albin F. Drost,

Acting General Counsel.

[FR Doc. 00-31355  Filed 12-8-00; 8:45 am]

BILLING  CODE 3510-16-U
##### 



Year ended December 31,Earnings
    
    2002
    
    
    2003
    
    
    2004
    
    
    2005
    
    
    2006Income before income taxes and
extraordinary items
    
    
    14,483
    
    
    
    15,796
    
    
    
    20,949
    
    
    
    30,126
    
    
    NAInterest expense
    
    
    18,964
    
    
    
    15,115
    
    
    
    13,940
    
    
    
    13,940
    
    
    NAAmortization of debt issuance
cost
    
    
    0
    
    
    
    0
    
    
    
    0
    
    
    
    0
    
    
    NAInterest portion of rental
expense
    
    
    135
    
    
    
    135
    
    
    
    135
    
    
    
    135
    
    
    NAEarnings
    
    
    33,582
    
    
    
    31,046
    
    
    
    35,024
    
    
    
    44,201
    
    
    NAFixed charges:Interest, including capitalized
portion
    
    
    18,964
    
    
    
    15,115
    
    
    
    13,940
    
    
    
    13,940
    
    
    NAAmortization of debt issuance
cost
    
    
    0
    
    
    
    0
    
    
    
    0
    
    
    
    0
    
    
    NAInterest portion of rental
expense
    
    
    135
    
    
    
    135
    
    
    
    135
    
    
    
    135
    
    
    NAFixed charges
    
    
    19,099
    
    
    
    15,250
    
    
    
    14,075
    
    
    
    14,075
    
    
    NARatio of earnings to fixed charges
    
    
    1.8X
    
    
    
    2.0X
    
    
    
    2.5X
    
    
    
    3.0X
    
    
    NA
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

###### Health Resources and Services Administration 

# AGENCY:

Health Resources and Services Administration. 

# ACTION:

Notice; withdrawal. 

# SUMMARY:

                        In the                         **Federal Register**                         issue of Friday, July 7, 2000, in Part III “Availability of Funds Announced in the HRSA Preview” of FR Doc. 00-16874, on page 42219, the grant category beginning in the second column under the heading “Continuing Education and Development Cooperative Agreement to Advance Education and Program/Policy Development in Maternal and Child Health (CFDA #93.110TP),” is withdrawn from competition while the Agency is considering its options regarding the activities proposed for support. After a decision is made, another announcement will be published in the                         **Federal Register**                        .                     

Prospective applicants who have submitted letters of intent or requested application materials from the HRSA Grants Application Center have been notified directly of this withdrawal. 

# FOR FURTHER INFORMATION CONTACT:

Carol Galaty or Sharon Adamo, Office of Program Development, Maternal and Child Health Bureau, Health Resources and Services Administration, Room 11A-22, Parklawn Building, 5600 Fishers Lane, Rockville, MD 20857; telephone 1-301-443-2778. 

Dated: November 29, 2000.

Claude Earl Fox, 

Administrator. 

[FR Doc. 00-30825 Filed 12-1-00; 8:45 am] 

BILLING CODE 4160-15-P
ex10-2.htm


    Exhibit
10.2


      MARATHON
OIL CORPORATION 1990 STOCK PLAN

      (As
Amended and Restated Effective January 1, 2002)

      


      First
Amendment

      


      Effective
February 1, 2007

      


      


      


      WHEREAS,
effective January 1, 2002, Marathon Oil Corporation (the “Corporation”) adopted
an amended and restated version of the Marathon Oil Corporation 1990 Stock Plan
(the “Plan”); and

      


      WHEREAS, by action taken on January 28,
2007, the Board of Directors of Marathon Oil Corporation (the “Board”) does
hereby amend the Plan.

       

      NOW,
THEREFORE, the Board, having established the Marathon Oil Corporation 1990 Stock
Plan, effective January 1, 2002, and having reserved the right to amend the Plan
in Section 14 thereof, does hereby amend the Plan, effective as of February 1,
2007, by replacing the first paragraph of Section 12 thereof with the
following:

       

      “In the event of any change in the
outstanding common stock of MOC by reason of a stock split, stock dividend,
stock combination or reclassification, recapitalization or merger, or similar
event, the Committee shall adjust appropriately the number of Shares available
for or covered by Grants and Share prices related to outstanding Grants, and the
Committee may make such other revisions to outstanding Grants as it deems are
equitably required.”
Q"e e" )a -~GL~tp: ~'~~ ~-

. 

IDEM INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

We Protect Hoosiers and Our Environment. 

Mitchell E. Daniels, Jr. 

Governor 

Thomas W Erasterly 

Commissioner 

100 North Senate Avenue 

Indianapolis, Indiana 46204 

(317) 232-8603 

Toil Free (800) 451-6027 

www.idem.iN.gov 

October 27, 2011 

Hazardous and Solid Waste Management System 

Identification and Listing of Special Wastes; 

Disposal of Coal Combustion Residuals from Electric Utilities 

Attention Docket ID No., EPA-HQ-RCRA-2011-0392 

Environmental Protection Agency 

Mailcode: 28221T 

1200 Pennsylvania Ave.,~NW 

Washington, DC 20460 . 

Dear Madam/Sir: - 

ov ® 3 2011 

Re: Request for Extension of the Comment Period for the Notice of Data Availability and 

Request for Comment for Hazardous and Solid Waste Management System: Identification 

and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric 

Utilities (Docket ID # EPA-HQ-RCRA-2011-0392) 

The Office of Land Quality staff at IDEM are reviewing the referenced document relative to 

data attributed to Indiana . However, in order to provide a comprehensive evaluation and 

beneficial feedback, more time is needed . Verification of the volume of information provided is 

not a simple task, and management review of the comments produced takes time. Given the 

impact of decisions relative to the future regulatory requirements that may be applied to coal 

combustion residuals, it is critical that the data that is relied upon to make those decisions is as 

accurate as possible . 

I am requesting a 90 day extension to the 30 day comment period in order to allow for 

production of good quality, well vetted comments that should be considered before any decisions 

are made. 

OCT 2 8 2011 

Recycled Pp- $ An Equal flpporcunity Employer Please Recycle w~
Response to Comments on EPA's Proposed ECF Withdrawal Bob Holloway

to: prcounte 01/28/2010 08:51 AM

Cc: Mary Jackson
Show Details

Paul Countermann--

We wanted to respond to the Jan. 14, 2010 NYSDEC comments on the Federal Register notice for the proposed ECF withdrawal, even though they were not germane to the withdrawal itself.

Comment 1. Withdrawal of the ECF exclusion will not affect 261.38(b)(13) which says that comparable fuel tank systems and container storage units become subject to the RCRA hazardous waste facility standards if not cleaned of liquids and accumulated solids within 90 days of ceasing operation as a comparable fuel storage unit. By "facility standards" we mean the standards for facilities under Parts 262 through 265 etc. You are correct that 262.34 allows accumulation of HW in compliance with prescribed technical standards w/o a permit.

Comment 2. Re how clean a comparable fuel tank must be in order for residual liquids and/or solids still remaining in the tank to not trigger RCRA regulation (a provision proposed on June 15, 2007 and promulgated on Dec. 19, 2008), the level of cleaning must be the same as for any tank that ceases to be used to store a product that would otherwise be a hazardous waste if discarded. As we stated in the June 15, 2007 proposed rule (72 FR at 33308), the Agency expects the owner/operator to take common-sense steps to decontaminate and decommission the storage unit.

Comment 3. In the Dec. 19, 2008 final rule, we stated (73 FR at 77993) that the rule is considered to be less stringent than the current standards, and thus, authorized states are not required to modify their programs to adopt regulations consistent with them. That statement was overly broad, as you note, and was referring to the exclusion of ECF. The 2008 final rule also promulgated several clarifications to the comparable fuel rule and one additional, minor requirement. See 73 FR at 77963-64. Although the clarifications could be considered not to be more stringent provisions (i.e., because they clarify how the rule, as promulgated in 1998 works), they certainly read like more stringent provisions and explicitly apply provisions that may not have been evident previously.

I hope these responses are helpful. If you have additional questions, feel free to contact me or Mary Jackson.

Bob Holloway Environmental Engineer Materials Recovery and Waste Management Division Office of Resource Conservation and Recovery

US EPA
703-308-8461
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the Balance
Sheet of Adams Outdoor Advertising Limited Partnership as of June 30, 2000 and
the related Statements of Operations and Cash Flows and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<CIK> 0001011977
<NAME> ADAMS OUTDOOR ADVERTISING, INC.
<MULTIPLIER> 1,000

<S>                                        <C>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                           2,463
<SECURITIES>                                     3,174
<RECEIVABLES>                                   14,289
<ALLOWANCES>                                    (1,296)
<INVENTORY>                                        522
<CURRENT-ASSETS>                                23,875
<PP&E>                                         136,621
<DEPRECIATION>                                 (73,751)
<TOTAL-ASSETS>                                 131,745
<CURRENT-LIABILITIES>                            9,736
<BONDS>                                        163,848
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<PREFERRED>                                          0
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<OTHER-SE>                                     (59,847)
<TOTAL-LIABILITY-AND-EQUITY>                   131,745
<SALES>                                         21,610
<TOTAL-REVENUES>                                21,610
<CGS>                                                0
<TOTAL-COSTS>                                   11,734
<OTHER-EXPENSES>                                 1,711
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,052
<INCOME-PRETAX>                                  4,011
<INCOME-TAX>                                        69
<INCOME-CONTINUING>                              3,942
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,942
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>