alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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# 36th Contingency Response Group Brings Relief, Inspiration after Devastation

By Master Sgt. James May36th Contingency Response Group

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#### Frederick Stevelie, adm’r. of Lewis Ferrill *v.*James Greenlee,

From Burke.

Where an administrator takes the book-debt oath, and swears that the original entry is in the handwriting of a person vyho has not, after diligent enquiry, been heard of for seven years, and that he knows of no one who. can prove his handwriting, the account was held to be sufficiently proved.

Assumpsit, commenced originally by warrant in September, 1808, and tried on the last Fail Circuit, before Norwooo, Judge.

On the trial, the Plaintiff produced the books of his *318inféstale, and swore that be verily believed fhe account charged fherein wn,j just ; that there were no witnesses within his knowledge who could prove the items charged —that, he found the books in the same condition in which they were then exhibited, and that he knew of no credits due the Defendant. It apnea red, on his examination, that the book was not in the handwriting of the intestate* but in that, of two other persons. The Plaintiff swore that lie had made diligent i nquiry for those persons, and had not heard of them for the last seven years, and that he knew of no person who could prove their handv citing.

His Honor instructed the Jury, that if they believed the evidence, the account was sufficiently proved, and the Plaintiff entitled to a verdict. The Jury found according to the charge, and the Defendant appealed.

No Counsel appeared on cither side in this Court.

Hade Judge

The book-debt law does not require,, that the articles charged in the books of executors or administrators should be in their own handwriting. The administrator took the oath which the law required. He ga^e the best evidence which the nature of the case admitted of. It was a question altogether for the Jury to decide on, and they have done so. The rule for a new trial should be discharged.

Per Curiam. — Judgment affirmed.
#### In the Matter of Mark Rokitka, Respondent, v Margaret M. Bauer, Formerly Known as Margaret M. Rokitka, Appellant.

[632 NYS2d 50]

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Family Court’s determination that it is in the best interests of the child to reside primarily with petitioner has a substantial basis in the record *(see, Matter of Gloria S. v Richard B.,*80 AD2d 72, 76). Because Family Court is "in the most advantageous position to evaluate the testimony, character, and sincerity of the parties” *(DeJesus v*
      *835
      *DeJesus,*208 AD2d 587, 588; *see, Eschbach v Eschbach,*56 NY2d 167), its findings are entitled to the greatest respect *(see, Matter of Irene O.,*38 NY2d 776, 777). Petitioner concedes that the court’s order does not conform to the decision, which changed the primary residence of the child but did not alter the joint custody arrangement. We modify the order on appeal, therefore, to conform to the decision *(see,*CPLR 5019 [a]; *Matter of Calm Lake Dev. v Town Bd.,*213 AD2d 979) by providing in the first decretal paragraph that joint custody continue and by providing that petitioner is the residential parent. (Appeal from Order of Erie County Family Court, Dillon, J. — Custody.) Present — Denman, P. J., Lawton, Fallon, Balio and Boehm, JJ.
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.                  

###### Federal Maritime Commission

                    The Commission gives notice that it has formally requested that the parties to the below listed agreement provide additional information pursuant to 46 U.S.C. 40304(d). This action prevents the agreement from becoming effective as originally scheduled. Interested parties may file written comments, including relevant information and documents, regarding the agreement to the Secretary by email at                     *Secretary@fmc.gov,*                     or by mail, Federal Maritime Commission, 800 North Capitol Street, Washington, DC 20573. Comments may be filed up to fifteen (15) days after publication of this notice appears in the                     **Federal Register**                    .                

*Agreement No.:*                     201227-006.                

*Title:*                     Pacific Ports Operational Improvements Agreement.                

*Parties:*                     Ocean Carrier Equipment Management Association, Inc., FMC Agreement No. 011284; West Coast MTO Agreement, FMC Agreement No. 201143; Maersk Line A/S; CMA CGM S.A., American President Lines, LLC.; COSCO SHIPPING Lines Co., Ltd.; Evergreen Line Joint Service Agreement, FMC Agreement No. 011982; Hapag-Lloyd AG, Hapag-Lloyd USA (acting as a single party); HMM Company Limited; Zim Integrated Shipping Services; MSC Mediterranean Shipping Company SA; Matson Navigation Company, Inc.; Ocean Network Express Pte. Ltd.; Wan Hai Lines Ltd.; APM Terminals Pacific, LLC; Fenix Marine Services, Ltd.; International Transportation Service LLC; LBCT LLC dba Long Beach Container Terminal LLC; Everport Terminal Services, Inc.; Total Terminals International LLC; West Basin Container Terminal LLC; Pacific Maritime Services, L.L.C.; SSA (Pier A), LLC; Trapac LLC; Yusen Terminals, LLC; SSA Terminals, LLC; SSA Terminals (Oakland), LLC; SSA Terminals (Seattle), LLC; Sea Star Stevedoring Company, Inc.; Washington United Terminals, Inc.                

By Order of the Federal Maritime Commission.

Dated: November 12, 2024.

David Eng,

Secretary.

[FR Doc. 2024-26672 Filed 11-14-24; 8:45 am]

BILLING CODE 6730-02-P
United States of America 

OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

 1120 20th Street, N.W., Ninth Floor 

 Washington, DC 20036-3457 

SECRETARY OF LABOR,

Complainant,

v. OSHRC Docket No. 10-2096

UNITED CONTRACTORS MIDWEST, INC. 

d/b/a R.A. CULLINAN & SON,

Respondent.

BRIEFING NOTICE 

With respect to Citation 2, Item 1, which alleges a violation of 29 C.F.R. 

§ 1926.652(a)(1) (protection of employees in excavations), the Commission requests that the 

parties brief the following issues: 

(1) Did the judge err in finding that United Contractors Midwest, Inc. failed to 

establish the unpreventable employee misconduct defense? In discussing this 

issue, the parties are asked to address each element of the defense. 

(2) Did the judge err in characterizing the alleged violation as willful?

The parties are advised that when the merits or characterization of an item are before the 

Commission for review, the appropriateness of the penalty is also subject to review. 

Accordingly, the parties may address the amount of the penalty if they so choose. 

All briefs are to be filed in accordance with Commission Rule 93.1 The first brief is to be 

filed within 40 days of this notice. A party who does not intend to file a brief must notify the 

Commission in writing setting forth the reason therefor within the applicable time for filing 

briefs, and shall serve a copy on all other parties. The time for filing briefs (or similar notices of 

 

1

 The Commission requests that all briefs include an alphabetical table of authorities with 

references to the pages on which they are cited, and that an asterisk be placed in the left-hand 

margin of the table to indicate those authorities on which the brief principally relies. The 

Commission also requests that copies of cited authority, other than statutes, case law, law journal 

articles, and legal treatises, be provided to the Commission and to the opposing party. Parties 

should be cautioned that these materials will be considered only if appropriate. 
2

intent) of opposing parties shall commence on the date of service.

BY DIRECTION OF THE COMMISSION

RAY H. DARLING, JR.

EXECUTIVE SECRETARY

Dated: March 29, 2013 /s/

John X. Cerveny

Deputy Executive Secretary
Exhibit 

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

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

| Dated:    November 15, 2010 |   |
|-------------------------------------------------|--------|

| /s/ Glenn Spina                                Glenn SpinaChief Executive Officer                                                                     |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|                                                                                                                                                                                                                                                                                                                  |
|                                                                                                                                                                                                                                                                                                                  |
| /s/ Brian P. Alessi                                          Brian P. AlessiChief Financial Officer |
No. 82-937.

No. 82-1004.

#### Robinson, Trustee in Bankruptcy of D. C. Sullivan & Co., Inc. *v.*Consolidated Service Corp. et al.; and Sullivan *v.*Robinson, Trustee in Bankruptcy of D. C. Sullivan & Co., Inc.

C. A. 1st Cir. Certiorari denied. Reported below: 685 F. 2d 729.
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

DESIREE M. BROWN,

Petitioner,

v.

OFFICE OF PERSONNEL MANAGEMENT,

Respondent.

______________________ 

2015-3008

______________________ 

Petition for review of the Merit Systems Protection 

Board in No. SF-0843-14-0470-I-1.

______________________ 

ON MOTION

______________________ 

O R D E R

Desiree M. Brown moves for leave to proceed in forma 

pauperis.

Upon consideration thereof,

 IT IS ORDERED THAT: 

The motion is granted.

Case: 15-3008 Document: 5 Page: 1 Filed: 10/07/2014
2 BROWN v. OPM

 FOR THE COURT

 /s/ Daniel E. O’Toole 

Daniel E. O’Toole 

Clerk of Court

s21

Case: 15-3008 Document: 5 Page: 2 Filed: 10/07/2014
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U.S. Indo-Pacific CommandUSINDOPACOM

U.S. Indo-Pacific Command

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-  Home		 
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# Land Forces Pacific 2017 Ends; Brown Declares It "Best One Ever"

By Staff Sgt. Christopher McCulloughU.S. Army Pacific Public Affairs Office

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HomeNRC LibraryDocument CollectionsInspection ManualChange Notices1997

# Change Notice 97-001

IM001

NRC INSPECTION MANUAL PIPB

 
**L**
TRAINING: No special training requirements have been identified for any documents issued with this change notice.

REMARKS:

**IP 40500** (Effectiveness of Licensee Controls in Identifying, Resolving, and Preventing Problems) is revised to implement a recommendation from the PIPB audit of IP 40500 to clarify the inspection procedure objective as a comprehensive review of the licensee's ability to identify, correct, and prevent problems. Because of the fundamental importance of the NRC's evaluation of licensee self-assessment, this inspection must be conducted as a systematic and comprehensive inspection that considers, in part, the results of other inspections performed over the previous 12-24 months.

**IP 87100** (Licensed Materials Programs)

**IP 87100, App B** (Nuclear Medicine Inspection Field Notes)

**IP 87100, App D** (Industrial Radiography Inspection Field Notes)

**IP 87100, App G** (Medical Broad-Scope Inspection Field Notes)

**IP 87100, App H** (Radiopharmacy Inspection Field Notes)

The procedure and listed appendices were revised to include inspection guidance on the new constraint rule on air emissions (10 CFR 20.1101), patient release (10 CFR 35.75), and ancillary radiography equipment (10 CFR 34.20).

**IP 87110** (Industrial/Academic/Research Programs)

**IP 87110, Appendix A** (Industrial Academic/Research Inspection Field Notes)

The above inspection procedure and appendix have been revised to include inspection guidance on the new constraint rule on air emissions (10 CFR 20.1101).

**TI 2515/095** (Inspection For Verification of BWR Recirculation Pump Trip - Multi-Plant Action Item C-02) is deleted. The inspection requirements identified in this TI have been completed.

**TI 2515/096** (Inspection Verification of Mark I BWR Drywell Vacuum Breaker Modifications - Multi-Plant Action Item D-20) is deleted. The inspection requirements identified in this TI have been completed.

**9900 Technical Guidance - STS** (Licensee Technical Specifications Interpretations) is issued to provide guidance to the inspection staff on technical specification (TS) interpretations. Recent observations of licensee TS interpretations and some particular practices concerning their implementation have highlighted the need for staff clarification and guidance on this subject.

DISTRIBUTION: Standard

END

Page Last Reviewed/Updated Friday, April 17, 2020
No. 86-575.

#### McClellan *v.*West Virginia.

Cir. Ct. W. Va., Jefferson County. Certiorari denied.
Order entered May 13 , 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas** No. 05 - 14 - 01019 - CV FEYSAL AYATI - GHAFFARI AND IRANA H AGNAZARI, Appellant V. HAZAWIPERI JACKIE GU MBODETE AND JOSE ANA YA, Appellee On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429 - 04867 - 2012 

### O RDER Feysal Ayati

- Ghaffari’s April 22, 2015 “Motion to Permit Amicus to Argue in This Suspending Appeal” is DENIED

. /s/ DAVID L. BRIDGES PRESIDING JUSTICE
No. 90-6035.

#### Fite *v.*Burns et al.

C. A. 6th Cir. Certio-rari denied.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BALANCE
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FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
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<CASH>                                             583
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<COMMON>                                             5
<OTHER-SE>                                       8,731
<TOTAL-LIABILITY-AND-EQUITY>                    10,562
<SALES>                                         15,342
<TOTAL-REVENUES>                                15,384
<CGS>                                           12,370
<TOTAL-COSTS>                                    2,562
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                                   5
<INCOME-PRETAX>                                    452
<INCOME-TAX>                                       199
<INCOME-CONTINUING>                                253
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       253
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                      .05
        

</TABLE>
exv10w14






Exhibit 10.14




AMENDMENT NO. 2 TO THE

CHS INC.

SUPPLEMENTAL EXECUTIVE RETIREMENT PLAN

(2010 Restatement)



CHS Inc., pursuant to the power of amendment reserved to it in Section 7.1 of the CHS Inc.
Supplemental Executive Retirement Plan (“Plan”), hereby amends the Plan in the manner set forth
below effective as of the date executed below.




Subsection (f) of Section 4.4 of the Plan is clarified to read in full as follows:




     (f) Special 2011 Contribution Credit for Carl Casale. Due to the fact that Mr. Casale
will not have satisfied the eligibility service requirements to become an active participant in the
Pension Plan for 2011, his 2011 contribution credits determined under both the Pension Plan and
Section 4.2(b) of this Plan will equal zero dollars ($0). Accordingly, if Carl Casale is an Active
Participant in this Plan on December 31, 2011, then notwithstanding Section 4.2(b), his Pension
Plan Account shall be credited with a contribution credit equal to the amount of the contribution
credit which would have been credited under the Pension Plan as of December 31, 2011 if he had been
an active participant in the Pension Plan since January 1, 2011, except that such credit shall be
determined as if the limitations on benefits imposed by Section 401(a)(17) and Section 415 of the
Code on the Pension Plan were disregarded and if compensation deferred upon his election under any
nonqualified plan maintained by CHS or any other participating employer in the Pension Plan were to
be taken into account as compensation under the Pension Plan, except that amounts deferred or paid
under the mandatory deferral portion of any long term incentive compensation program maintained by
such an employer or any amounts paid under any other nonqualified plan or program maintained by CHS
or such a participating employer will not be considered part of that compensation. Notwithstanding
the foregoing, amounts paid to Mr. Casale that constitute Replacement Restricted Cash Compensation
and RSU Replacement Amount (as those terms are defined in Mr. Casale’s Employment Agreement) shall
not be included in Mr. Casale’s compensation when calculating Mr. Casale’s contribution credit.




     IN WITNESS WHEREOF, CHS Inc. has caused its name to be hereunto subscribed on this
23rd day of December, 2010.



	 	 	 	 	 
	 	CHS INC.

 	 
	 	By 	/s/ John D. Johnson
 	 
	 	 	John D. Johnson 	 
	 	 	Its President and CEO