alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Neff, Appellant, vs. Industrial Commission of Wisconsin and another, Respondents.

*April 5*

October *23, 1917.*

*'Workmen's compensation: Person employed under maritime*contract.

Where a sailor was employed upon a vessel duly registered and licensed to sail the Great Lakes, with the understanding that when repairs were completed he was to have regular employment as a wheelsman, the contract was a maritime one, and for injuries sustained while he was engaged in making the repairs no award can he made under the state Workmen’s Compensation Act.

Appeal from a judgment of the circuit court for Dane county: E. Rat Stevens, Circuit Judge.

*Reversed.*

Action to set aside an order of the *Industrial Commission*awarding compensation to the defendant *MarJcman*for injuries received under the following circumstances as found by the *Commission:*In February, 1915, MarJcman> a sailor, *127entered tbe employ of plaintiff, a resident of Milwaukee and the owner of the steamer Venezuela, then lying in the Burn-ham slip for repairs. It had been in the slip since the previous December, and the repairs were not completed till about the 1st of May, 1915, when it went into service again. It was a steamer of about 2,000 gross tonnage, was registered and enrolled under the laws of the United States, and from year to year previous to May 1, 1915, had been licensed to sail the Great Lakes. It was understood when *Markman*began to work for plaintiff that he was to have regular employment as a wheelsman when the repairs were completed. He remained in the service of plaintiff, assisting in the repairs of the boat, from February to April 3, 1915, when he was injured while engaged in repairing the boat. Plaintiff fully discharged his maritime obligations to him,- 'but *Mark-man*made application to the *Industrial Commission*for compensation under the Wisconsin Workmen’s Compensation Law, and compensation thereunder was awarded him by the *Commission.*The award was confirmed by a judgment- of the circuit court, and plaintiff appealed.

For the appellant there was a brief by *Hoyt & Goff*of Milwaukee, and oral argument by *Frank M. Hoyt.*

For the respondent *Industrial Commission*there was a brief by the *Attorney General*and *Winfield W.*Gilman, assistant attorney general, and oral argument by *Mr. Gilman.*

ViNJE, J.

Plaintiff contends that his contract with *Markman*was a maritime one and that such contracts do not come under the provisions of the Wisconsin Workmen’s Compensation Law; that the *Industrial Commission*was without jurisdiction to act, and for that reason its award was void and should have been set aside by the circuit court. The case of *Southern Pac. Co. v.*Jensen, 244 U. S. 205, 37 Sup. Ct. 524, decided by the supreme court of the United *128States May 21, 1911, sustains liis contentions and rules this case. It follows that the judgment of the circuit court must be reversed.

*By the Court.*— Judgment reversed, and cause remanded with directions to set aside the order of the *Industrial Commission*awarding compensation to the defendant
-  Newsroom 

# Call for Nominations: 2024 Excellence in Surface Coal Mining Reclamation Awards

March 13, 2024

**WASHINGTON —** The Office of Surface Mining Reclamation and Enforcement is soliciting nominations for the 2024 Excellence in Surface Coal Mining Reclamation Awards, the highest honor given to coal mining companies for exemplary coal mine reclamation in the United States. Nominations must be submitted by May 12.
*Thunder Basin Coal Company was therecipient of the 2023 Good Neighbor Awardin recognition of its corporate citizenship atthe Black Thunder and Coal Creek mines inWyoming. Photo courtesy of Thunder BasinCoal Company.*

Since 1986, OSMRE has presented National and Good Neighbor awards annually. National awards recognize****achievement in a specific aspect of reclamation or for overall performance in meeting goals of the Surface Mining Control and Reclamation Act of 1977 (SMCRA), and Good Neighbor awards are given to mine operators for successfully working with the surrounding landowners and the community while completing mining and reclamation work. This awards program is designed to help state and federal regulators transfer knowledge and information on outstanding reclamation methods and techniques from award-winning operations to other coal mine operators who engage in mining under SMCRA.

Surface coal mining and reclamation operations conducted under a Title V permit (1978-present) may be nominated for an award. In addition, non-permitted mining and reclamation activities that were completed using government financed reclamation contracts under enhanced abandoned mine land regulations are also eligible for nomination. Abandoned mine land reclamation projects (Title IV) are not eligible for a national award unless they are integrated into Title V permitted operations.  

Coal companies, regulatory authorities, state or federal mine inspectors, interest groups, or landowners may submit nominations. Company officials and employees may nominate their own operations. View previous Excellence in Surface Coal Mining Reclamation Awards winners.

For more information about the awards program and to learn how to submit a nomination application, visit Excellence in Surface Coal Mining Reclamation Awards. Submit questions about the awards to OSMRE at awards@osmre.gov.

 

– OSMRE –

*OSMRE carries out the requirements of the Surface Mining Control and Reclamation Act of 1977 in cooperation with states and Tribes. OSMRE’s objectives are to ensure that coal mining activities are conducted in a manner that protects citizens and the environment during mining, to ensure that the land is restored to beneficial use after mining and to mitigate the effects of past mining by aggressively pursuing reclamation of abandoned coal mines. For more information, visit www.osmre.gov or connect with us through any of these social media channels: Facebook, Flickr, Instagram, LinkedIn, X, and YouTube.*
```

[Congressional Record Volume 154, Number 177 (Thursday, November 20, 2008)]
[Senate]
[Page S10776]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                                PROGRAM

  Mr. DORGAN. Mr. President, over the next few weeks, Senators will be 
continuing to negotiate a bill to provide assistance to the auto 
industry. If an agreement is reached--for the information of the 
Members--the Senate will turn to its consideration when the Senate 
returns on December 8.
  That is a message from the majority leader, Senator Reid.

                          ____________________
```
facilityid loc type lon lat utm zoneelev Type of Receptorstate 01123NEI3AL01123SMA L -85.99255 32.957146 P AL 05017NEI3AR05017Liv L -91.288676 33.331979 P AR 08123NEI1532 L -104.80293 40.094408 P 18069NEI3IN18069Hea L -85.421095 40.689614 P IN 18069NEI3IN18069Hea L -85.421354 40.691065 P IN 20151NEI3KS20151Arn L -98.735654 37.655514 P KS 27063NEI3MN27063Ron L -95.177907 43.678445 P MN 36001NEI3NY36001NH L -73.697361 42.767057 P NYcomment added for

Additional Receptor SAL Additional Receptor SAL Additional Receptor SAL Additional Receptor SAL Additional Receptor SAL Additional Receptor SAL Additional Receptor SAL Additional Receptor SAL
Third Amendment of ESI Pension Plan



  
 Exhibit 10.38

 THIRD AMENDMENT OF ESI PENSION PLAN 

This Third Amendment of the ESI Pension Plan (the “Plan”) is adopted by ITT Educational Services, Inc. (the
“Employer”). 
 Background 
 A. The Employer originally established the Plan effective June 9, 1998. 
 B.
The Plan was amended and restated in its entirety effective January 1, 2006. 
 C. The 2006 restatement of the Plan has
been amended by a First Amendment and a Second Amendment. 
 D. The Employer now wishes to amend the Plan further. 

Amendment 
 Effective as of the dates specified below, the Plan is amended as follows: 
 1.
Effective January 1, 2008, the definition of “Actuarial Equivalent” is amended to read as follows: 
 “Actuarial Equivalent” means, with respect to a benefit, another benefit that has the same actuarially-determined value. The determination of an Actuarial Equivalent benefit will be computed
using the mortality table as prescribed in Revenue Ruling 2001-62, and an interest rate equal to an Applicable Percentage for that Plan Year. For purposes of distributions with Annuity Starting Dates on or after December 31, 2007, and
notwithstanding any other Plan provisions to the contrary, the applicable mortality table used for purposes of adjusting any benefit or limitation under Code subparagraphs 415(b)(2)(B), (C) or (D) as set forth in Section 11.02 of the
Plan is the table prescribed in Code subsection 417(e)(3)(A)(ii)(I). 







  
 This Third Amendment
of ESI Pension Plan is executed this 30 day of June, 2010. 
  

			
	ITT EDUCATIONAL SERVICES, INC.
		
	By:	 	 /s/ Nina Esbin

		 	(Signature)
		
		 	 Nina Esbin

		 	(Printed)
		
		 	 Sr. VP, Human Resources

		 	(Title)


  

	
	ATTEST:
	
	 /s/ Jenny Yonce

	(Signature)
	
	 Jenny Yonce

	(Printed)
	
	 Mgr, Benefits & HRIS

	(Title)


  
 -2-
# Official Journal L 335/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 335 |
| | |
| English edition | Legislation | Volume 6015 December 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 335

English edition

Legislation

Volume 6015 December 2017

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2017/2305 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) No 1303/2013 as regards the changes to the resources for economic, social and territorial cohesion and to the resources for the Investment for growth and jobs goal and for the European territorial cooperation goal | 1 |
| | * | Regulation (EU) 2017/2306 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) No 230/2014 establishing an instrument contributing to stability and peace | 6 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2017/2305 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) No 1303/2013 as regards the changes to the resources for economic, social and territorial cohesion and to the resources for the Investment for growth and jobs goal and for the European territorial cooperation goal

1

*

Regulation (EU) 2017/2306 of the European Parliament and of the Council of 12 December 2017 amending Regulation (EU) No 230/2014 establishing an instrument contributing to stability and peace

6

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Regulation (EU) 2017/1566 of the European Parliament and of the Council of 13 September 2017 on the introduction of temporary autonomous trade measures for Ukraine supplementing the trade concessions available under the Association Agreement ( OJ L 254, 30.9.2017 ) | 11 |

Corrigenda

*

Corrigendum to Regulation (EU) 2017/1566 of the European Parliament and of the Council of 13 September 2017 on the introduction of temporary autonomous trade measures for Ukraine supplementing the trade concessions available under the Association Agreement ( OJ L 254, 30.9.2017 )

( OJ L 254, 30.9.2017 )

11

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
# Official Journal L 129/2012

| | ISSN 1977-0677
  doi:10.3000/19770677.L_2012.129.eng |
| --- | --- |
| Official Journal
  of the European Union | L 129 |
| | |
| English edition | Legislation | Volume 5516 May 2012 |

ISSN 1977-0677

doi:10.3000/19770677.L_2012.129.eng

Official Journal

of the European Union

L 129

English edition

Legislation

Volume 5516 May 2012

---

| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (1) | 1 |
| | * | Regulation (EU) No 387/2012 of the European Parliament and of the Council of 19 April 2012 amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability | 7 |
| | * | Regulation (EU) No 388/2012 of the European Parliament and of the Council of 19 April 2012 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items | 12 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (1)

1

*

Regulation (EU) No 387/2012 of the European Parliament and of the Council of 19 April 2012 amending Council Regulation (EC) No 1198/2006 on the European Fisheries Fund, as regards certain provisions relating to financial management for certain Member States experiencing or threatened with serious difficulties with respect to their financial stability

7

*

Regulation (EU) No 388/2012 of the European Parliament and of the Council of 19 April 2012 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items

12

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000928032
<NAME> AIM GROUP, INC.

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          52,465
<SECURITIES>                                         0
<RECEIVABLES>                                   99,553
<ALLOWANCES>                                         0
<INVENTORY>                                    115,634
<CURRENT-ASSETS>                               271,472
<PP&E>                                         884,591
<DEPRECIATION>                                 265,183
<TOTAL-ASSETS>                               5,109,614
<CURRENT-LIABILITIES>                        1,042,181
<BONDS>                                        765,425
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,110
<OTHER-SE>                                   2,925,908
<TOTAL-LIABILITY-AND-EQUITY>                 5,109,614
<SALES>                                        697,355
<TOTAL-REVENUES>                               697,355
<CGS>                                          486,690
<TOTAL-COSTS>                                  786,193
<OTHER-EXPENSES>                               253,761
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              45,742
<INCOME-PRETAX>                               (88,838)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (88,838)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (88,838)
<EPS-BASIC>                                   (.061)
<EPS-DILUTED>                                        0


</TABLE>
EXHIBIT #3.4

                     FORM OF AMENDMENT TO THE CODE OF REGULATIONS

                                    American Bancorporation

       At a meeting of the shareholders  duly called for the purpose of adopting
this  amendment  and held  Tuesday,  May 26,  1987 at which  meeting a quorum of
shareholders  was present in person or by proxy,  and by the affirmative vote of
the holders of shares  entitling them to exercise  63.56% of the voting power of
the corporation,  the following  resolution to amend the Code of Regulations was
adopted.

       BE IT RESOLVED,  that the Code of Regulations of American  Bancorporation
be and the same are  hereby  amended  so that the First  Article  and  Section I
thereof shall henceforth be and read as follows:

     "Article I Section 1. The principal offices of the Corporation in the State
     of Ohio is in the City of St. Clairsville and in Belmont County.'
#### Pierce, Appellant, vs. Industrial Commission of Wisconsin and others, Respondents.

*September 26*

October *20, 1925.*

*Workmen’s compensation act: Constitutionality: Findings of commission on competent evidence: Weight on appeal.*

1. The decision in *Pierce v. Industrial Comm. 179*Wis. 189, that appellant is within the provisions of the workmen’s compensation act, is adhered to. p. 54.

2. The workmen’s compensation act does not contravene sec. 1, amendm. XIV, of the federal constitution. *Booth Fisheries Co. v. Industrial Comm.*185 Wis. 127, adhered to. p. 54.

3. An award of compensation by the industrial commission upon questions of fact will not be disturbed where there is any credible evidence to sustain it. p. 54.

Appeal from a judgment of the circuit court for Dane county: E. Ray Stevens, Circuit Judge.

*Affirmed.*

This case was here on an appeal from a temporary award and is reported in 179 Wis. 189, 190 N. W. 80. This appeal is from a permanent award for the same injuries. For a fuller statement of facts see 179 Wis. 189, 190 N. W. 80.

For the appellant there was a brief by *Hanitch, Hartley & Johnson,*and oral argument by *I. C. Fritschler,*all of Superior.

For the respondents there was a brief by the *Attorney General*and *T. L. McIntosh,*assistant attorney general, and oral argument by *Mr. McIntosh.*

Vinje, C. J.

The appellant assigns as errors:

> “(1) The court erred in holding that employment of applicant, *Barker,*brought the appellant within the provisions of the workmen’s compensation act and made him liable to pay the compensation awarded. (2) Court erred in entering-judgment affirming award of the *Industrial Commission*as to applicant, *Barker.*(3) Court erred in holding the compensation act, as amended and construed, constitutional. (4) Court erred in affirming the findings and award as to *54a temporary total disability of twenty-three weeks and five days, and granting judgment thereon. (5) Court erred in affirming the findings and award as to a permanent partial disability equivalent to thirty-five per cent, loss of use of left hand at the wrist and granting judgment thereon.”

The first two assignments of error were passed upon adversely to appellant in the case *of Pierce v. Industrial Comm.*179 Wis. 189, 190 N. W. 80, and we see no reason for changing our view as there expressed.

The contention that the compensation act is unconstitutional and contravenes sec. 1 of the Fourteenth amendment to the federal constitution was negatived in the case of *Booth Fisheries Co. v. Industrial Comm.*185 Wis. 127, 200 N. W. 775, and further discussion of the subject is deemed unnecessary. We adhere to the doctrine of that case.

The record has been examined and it contains evidence to sustain the award of the *Commission*as to total temporary disability and as to the extent of the permanent disability. This court does not disturb an award upon questions of fact if there is any credible evidence to sustain it.

*By the Court.*— Judgment affirmed.
* P ursuant to Local Rule 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-30547 Summary Calendar

__________________
JODY VAUGHN, Plaintiff-Appellant,

versus RYAN-WALSH, INC., Intervenor-Defendant,

versus AMERICAN RIVER TRANSPORTATION COMPANY, Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana

USDC No. 93-CV-816 S

- - - - - - - - - - February 1, 1996 Before KING, SMITH and BENAVIDES, Circuit Judges.
PER CURIAM: * Jody Vaughn appeals from the district court's denial of remand and entry of summary judgment in favor of defendant ARTCO in his suit under the Longshore and Harbor Workers' Compensation Act; 33 U.S.C. § 905(b). Vaughn contends that the district court erred in denying remand because the Jones Act claim filed againstNo. 95-30547 -2-

Ryan-Walsh was a nonremovable claim; therefore, the court lacked jurisdiction to hear ARTCO's motion for summary judgment. Vaughn contends that the district court erred by granting ARTCO's motion for summary judgment because a genuine issue of material fact existed with regard to ARTCO's compliance with its duty to deliver a safe barge to Ryan-Walsh with respect to its gear, equipment, and workplace. We have reviewed the briefs and the record and we affirm. The district court did not err by denying remand and granting ARTCO's motion for summary judgment.
AFFIRMED.
```

[Congressional Record Volume 154, Number 181 (Tuesday, December 2, 2008)]
[Daily Digest]
[Page D1297]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

Committee Meetings
(Committees not listed did not meet)
  No committee meetings were held.
```
Exhibit 32.2


                                  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 Annual Report of ITIS Holdings Inc. (the "Company") on
Form 10-KSB for the period ending December 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Joanna Hoover,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

     (1)  The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

     (2)  The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated:  May 13, 2004               ITIS Holdings Inc.


                                   /s/ Joanna Hoover
                                   -----------------
                                   Joanna Hoover
                                   Chief Financial Officer


<PAGE>