alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UTE, INC., a Nevada Corporation, Appellant, v. WILLIAM APFEL, Respondent.

No. 7304

January 17, 1974

518 P.2d 156

[Rehearing denied February 19, 1974]

*L. Earl Hawley,*of Las Vegas, for Appellant.

*James L. Buchanan, II,*of Las Vegas, for Respondent.

*26OPINION

*Per Curiam:*

Suit was filed by appellant and service of process was made upon respondent on February 1, 1973. On February 22, 1973, default was entered against respondent. Four days later he filed a motion to set aside the default. That motion was accompanied by respondent’s affidavit alleging that he had misinformed his counsel as to the date of service of process.

A hearing was held March 21, 1973, and an order was entered setting aside the default judgment and allowing respondent five days in which to answer.1 The record is devoid of any transcript or other document which might reveal what occurred at the hearing held on March 21, 1973.

This appeal is taken from the order setting aside the default judgment. We will not disturb such an order unless there has been an abuse of discretion by the trial court. Minton v. Roliff, 86 Nev. 478, 471 P.2d 209 (1970); Lentz v. Boles, 84 Nev. 197, 438 P.2d 254 (1968); Hotel Last Frontier v. Frontier Properties, 79 Nev. 150, 380 P.2d 293 (1963); Blakeney v. Fremont Hotel, Inc., 77 Nev. 191, 360 P.2d 1039 (1961).

In Hotel Last Frontier v. Frontier Properties, supra, this court established guidelines to be followed in setting aside a default. First, there must be a showing of mistake, inadvertence, surprise or excusable neglect. 79 Nev. at 154. See also Blundin v. Blundin, 38 Nev. 212, 147 P. 1083 (1915). Secondly, there must be a showing of a “meritorious defense” to the claim for relief. 79 Nev. at 154. See also Ogle v. Miller, 87 Nev. 573, 491 P.2d 40 (1971), and in the absence of showing of “meritorious defense” the motion to set aside the judgment will fail. Kelso v. Kelso, 78 Nev. 99, 369 P.2d 668 (1962); Guardia v. Guardia, 48 Nev. 230, 229 P.386 (1924); Lukey v. Thomas, 75 Nev. 20, 333 P.2d 979 (1959).

*27In the absence of a transcript or a statement of the proceedings pursuant to NRAP 10(c) to enlighten us about what occurred at the hearing to set aside the default judgment, we must presume that the requirements of Hotel Last Frontier, supra, have been met and that the district court’s ruling is correct. Prins v. Prins, 88 Nev. 261, 496 P.2d 165 (1972); Johnson v. Johnson, 87 Nev. 244, 484 P.2d 1072 (1971); Fenkell v. Fenkell, 86 Nev. 397, 469 P.2d 701 (1970); Quinn v. Quinn, 27 Nev. 156, 74 P. 5 (1903).

Affirmed.

1

The proceeding on March 21, 1973 was entitled a hearing on the motion to set aside default judgment. Apparently an oral motion to set aside the default judgment had been made that day and considered instead of the previous motion to set aside the default.
#### DANIEL J. SALAZAR, Appellant, v. SHERIFF, MINERAL COUNTY, NEVADA, Respondent.

No. 10683

June 7, 1978

579 P.2d 767

*288
      *Keith L. Lee,*Reno, for Appellant.

*Robert List,*Attorney General, Carson City; *Larry G. Bettis,*District Attorney, and *John S. Hill,*Deputy District Attorney, Mineral County, for Respondent.

OPINION

*Per Curiam:*

This appeal is from a district court order denying a habeas corpus challenge to an information which charged that on two separate occasions Daniel J. Salazar sold a controlled substance (marijuana) in violation of NRS 453.321 and NRS 453.161.

1. Count I of the information charges that on August 4, 1977, Salazar made a sale of marijuana to Timothy Morgan.

The only evidence of Salazar’s activities on August 4, 1977, was that he was physically in a room when Timothy Morgan and another person engaged in a conversation regarding the purchase and sale of a quantity of marijuana. At that juncture, Salazar was quoted as saying, “I don’t want to get involved in this.” He then left the room and the transaction was completed. While it is conceivable that the recited facts might establish probable cause that Salazar committed some transgression of the law, they are “insufficient to establish probable *289cause that [he] made a ‘sale’ [of marijuana].” Egan v. Sheriff, 88 Nev. 611, 614, 503 P.2d 16, 18 (1972). Accordingly, the district judge should have granted the habeas challenge to count I.

2. Count II charged that Salazar had delivered a baggie of marijuana to an individual in Sparks, Washoe County, and that the following day the recipient made a payment of $35 to Salazar in Hawthorne, Mineral County. There is such evidence in the transcript of the preliminary examination; thus, we perceive no error in the district judge’s determination that Salazar probably committed the count II offense. *See*NRS 171.030; Walker v. State, 78 Nev. 463, 376 P.2d 137 (1962). *Cf.*State of Nevada v. Chapman, 6 Nev. 320 (1871), and its progeny.

The district judge’s order denying habeas as to count I of the information is reversed. As to count II, it is affirmed.
[Federal Register Volume 70, Number 211 (Wednesday, November 2, 2005)]
[Notices]
[Page 66351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21816]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Cancellation of Marine Protected Areas Federal Advisory Committee 
Meeting

AGENCY: National Ocean Service, NOAA, Department of Commerce.

ACTION: Notice of meeting cancellation.

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

SUMMARY: Notice is hereby given that the meeting of the Marine 
Protected Areas Federal Advisory Committee (MPAFAC), which was to be 
held November 1-3, 2005, in Corpus Christi, Texas is cancelled (Federal 
Register, v.70, No. 191, p. 57863-57864). Notice of the rescheduled 
date will be published in the Federal Register and posted on http://www.mpa.gov.

FOR FURTHER INFORMATION CONTACT: Lauren Wenzel, Designated Federal 
Officer, MPAFAC, National Marine Protected Areas Center, 1305 East-West 
Highway, Silver Spring, Maryland, 20910. Phone: (Phone: 301-713-3100 
x136, Fax: 301-713-3110); email: <a href="/cdn-cgi/l/email-protection#5438352126313a7a23313a2e3138143a3b35357a333b22"><span class="__cf_email__" data-cfemail="2f434e5a5d4a4101584a41554a436f41404e4e01484059">[email protected]</span></a>; or visit the 
National MPA Center Web site at http://www.mpa.gov).

    Dated: October 26, 2005.
Eldon Hout,
Director, Office of Ocean and Coastal Resource Management.
[FR Doc. 05-21816 Filed 11-1-05; 8:45 am]
BILLING CODE 3510-08-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<TABLE> <S> <C>

<ARTICLE> CT
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<TOTAL-ASSETS>                                     612
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           154
<OTHER-SE>                                         143
<TOTAL-LIABILITY-AND-EQUITY>                       612
<TOTAL-REVENUES>                                    48
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              (379)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (379)
<EPS-PRIMARY>                                   (.027)
<EPS-DILUTED>                                   (.027)
        

</TABLE>
#### ALICE S. KEEFE, GERTRUDE S. KEEFE, AND MARY R. KEEFE v. THE UNITED STATES

[No. 45518]

*[Ante,*p. 576; 318 U. S. —]

Estate tax ; life insurance policies issued prior to passage of 1918 Revenue Act; right to change beneficiaries.

Decided October 5, 1942; petition dismissed.

Plaintiffs’ petition for writ of certiorari *denied*by the Supreme Court March 1,1943.
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.                  

###### Environmental Protection Agency

          - [FRL-7989-5] 

# AGENCY:

Environmental Protection Agency (EPA). 

# ACTION:

Notice of Cost Recovery Settlement. 

# SUMMARY:

                        Under section 122(g)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Environmental Protection Agency has offered a cost recovery settlement at the Starmet CMI Superfund Site located in Barnwell, Barnwell County, South Carolina. EPA will consider public comment until November 28, 2005. EPA may withdraw from or modify the proposed settlement should such comments disclose facts or considerations which indicate the proposed settlement is inappropriate, improper, or inadequate. Copies of the proposed are available from: Ms. Paula V. Batchelor, U.S. Environmental Protection Agency, Waste Management Division, Superfund Enforcement & Information Management Branch, 61 Forsyth Street, SW., Atlanta, Georgia 30303, (404) 562-8890, E-mail:                         *Batchelor.Paula@epa.gov.*

Written or e-mail comments may be submitted to Paula V. Batchelor at the above address within thirty (30) days of the date of publication. 

Dated: October 12, 2005. 

De'Lyntoneus Moore, 

Acting Chief, Superfund Enforcement & Information Management Branch, Waste Management Division. 

[FR Doc. 05-21460 Filed 10-26-05; 8:45 am] 

BILLING CODE 6560-50-P
```

[Federal Register Volume 70, Number 210 (Tuesday, November 1, 2005)]
[Notices]
[Page 65912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-21665]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute of Arthritis and Musculoskeletal and Skin 
Diseases; 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 Institute of Arthritis and 
Musculoskeletal and Skin Diseases Special Emphasis Panel. Review of 
Institutional National Research Service Award (T32).
    Date: November 4, 2005.
    Time: 1:30 p.m. to 3 p.m.
    Agenda: To review and evaluate grant applications.
    Place: NIAMS Institute, NIH, One Democracy Plaza, 6701 Democracy 
Blvd, Bethesda, MD 20892, (Telephone Conference Call).
    Contact Person: Eric H. Brown, PhD, Scientific Review 
Administrator, National Institute of Arthritis, Musculoskeletal & 
Skin Diseases, National Institutes of Health, 6701 Democracy Blvd, 
Room 824, MSC 4872, Bethesda MD 20892-4872, (301) 594-4955, 
[email protected].
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, 
Arthritis, Musculoskeletal and Skin Diseases Research, National 
Institutes of Health, HHS)

    Dated: October 20, 2005.
Anthony M. Coelho, Jr.,
Acting Director, Office of Federal Advisory Committee Policy.
[FR Doc. 05-21665 Filed 10-31-05; 8:45 am]
BILLING CODE 4140-01-M
```
#### STATE OF NORTH CAROLINA v. RAY THOMAS TILLEY

No. 7417SC246

(Filed 1 May 1974)

Appeal by defendant from *Long, Judge,*4 September 1978 Session of Superior Court held in Rockingham County.

Defendant was indicted for the murder of Onie Bullins Orander. At the 14 August 1972 Session of Rockingham County Superior Court he was convicted of murder in the second degree. On appeal from that conviction, he was granted a new trial for error in the judge’s instruction to the jury. *State v. Tilley,*18 N.C. App. 300, 196 S.E. 2d 816. At his new trial he was again found guilty and appealed.

*Attorney General Robert Morgan by William W. Melvin, Assistant Attorney General and William B. Ray, Assistant Attorney General, for the State.*

*No counsel on appeal for defendant.*

*454VAUGHN, Judge.

Defendant was represented at trial by able and experienced court appointed counsel. After his conviction he petitioned the trial judge to allow him to appeal as an indigent. He also petitioned the court to be allowed to handle his case on appeal without the assistance of counsel. The petitions were allowed. We have carefully examined the record and find no prejudicial error in the trial from which defendant appealed.

No error.

Judges Campbell and Morris concur.
#### Cesar J. MARTINEZ, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

No. 04-3310.

United States Court of Appeals, Federal Circuit.

DECIDED: March 8, 2005.

*ORDER*

Upon consideration of the unopposed motion of Cesar J. Martinez to voluntarily dismiss his petition for review (MSPB CH0752020697-I-1),

IT IS ORDERED THAT:

(1) The motion is granted.

(2) Each side shall bear its own costs.
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5231 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5231

  To amend the Controlled Substances Act to clarify that persons who 
enter into a conspiracy within the United States to possess or traffic 
 illegal controlled substances outside the United States, or engage in 
   conduct within the United States to aid or abet drug trafficking 
 outside the United States, may be criminally prosecuted in the United 
                    States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2010

    Mr. Smith of Texas (for himself and Mr. Schiff) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
 and in addition to the Committee on Energy and Commerce, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
  To amend the Controlled Substances Act to clarify that persons who 
enter into a conspiracy within the United States to possess or traffic 
 illegal controlled substances outside the United States, or engage in 
   conduct within the United States to aid or abet drug trafficking 
 outside the United States, may be criminally prosecuted in the United 
                    States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Drug Trafficking Safe Harbor 
Elimination Act of 2010''.

SEC. 2. AMENDMENTS TO THE CONTROLLED SUBSTANCES ACT TO CLARIFY 
              CONSPIRACIES CONDUCTED WITHIN THE UNITED STATES MAY BE 
              CRIMINALLY PROSECUTED IN THE UNITED STATES.

    Section 406 of the Controlled Substances Act (21 U.S.C. 846) is 
amended by--
            (1) inserting ``(a)'' before ``Any''; and
            (2) inserting at the end the following:
    ``(b) Whoever, within the United States, conspires with one or more 
persons, or aids or abets one or more persons, regardless of where such 
other persons are located, to commit at any place outside the United 
States an act that would constitute a violation of this title if 
committed within the United States, shall be subject to the same 
penalties that would apply to such act if it were to occur within the 
United States.''.
                                 <all>
```
EX-10.28


  EXHIBIT 10.28

  COMMENCEMENT DATE MEMORANDUM

   

  THIS MEMORANDUM, made as of February 25, 2021, by and between RREEF AMERICA REIT II CORP. PPP, a Maryland corporation (“Landlord”) and REPARE THERAPEUTICS USA, INC, a Delaware corporation (“Tenant”).

  Recitals:

  (a)Landlord and Tenant are parties to that certain Lease, dated for reference July 13, 2021 (the “Lease”) for certain premises (the “Premises”) consisting of approximately 11,312 square feet at the building commonly known as 101 Main Street, Cambridge, Massachusetts.


  (b)Tenant is in possession of the Premises and the Term of the Lease has commenced.


  (c)Landlord and Tenant desire to enter into this Memorandum confirming the Commencement Date, the Termination Date and other matters under the Lease.


     

  NOW, THEREFORE, Landlord and Tenant agree as follows:

  1.The actual Commencement Date is December 10, 2021.


  2.The actual Rent Commencement Date is January 10, 2022.  


  3.The actual Termination Date is January 31, 2025.


  4.The schedule of the Annual Rent and the Monthly Installment of Rent set forth on the Reference Pages is deleted in its entirety, and the following is substituted therefor:


  					
	Time Period
	Rentable Square Footage
	Annual Rent Per Square Foot
	Annual Rent
	Monthly Installment of Rent

	1/10/2022-1/31/2023
	11,312
	$93.00
	$1,052,016.00
	$87,668.00

	2/1/2023-1/31/2024
	11,312
	$94.86
	$1,073,056.32
	$89,421.36

	2/1/2024-1/31/2025
	11,312
	$96.76
	$1,094,549.12
	$91,212.43



  5.Capitalized terms not defined herein shall have the same meaning as set forth in the Lease.


  IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written.

  				
	 
	LANDLORD:
	 
	TENANT:

	 
	RREEF AMERICA REIT II CORP. PPP, 
a Maryland corporation
 
	 
	REPARE THERAPEUTICS USA, INC, 
a Delaware corporation

	By:
	/s/ David F Crane
	By:
	/s/ Lloyd Segal

	Name:
	David F Crane
	Name:
	Lloyd Segal

	Title:
	Vice President
	Title:
	President & CEO                                                                         

	 
	 
	 
	 

	By:
	/s/ Gerald F/ Ianetta
	 
	 

	Name:
	Gerald F. Ianetta
	 
	 

	Title:
	Vice President
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Balance
Sheet, Statement of Operations, Statement of Cash Flows and Notes thereto
incorporated in this Form 10-QSB and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                         303,733
<SECURITIES>                                 2,725,642
<RECEIVABLES>                                1,349,293
<ALLOWANCES>                                   162,500
<INVENTORY>                                    476,712
<CURRENT-ASSETS>                             2,017,863
<PP&E>                                         271,546
<DEPRECIATION>                                  44,930
<TOTAL-ASSETS>                               5,347,338
<CURRENT-LIABILITIES>                        2,166,555
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    285,714
<COMMON>                                       680,760
<OTHER-SE>                                   3,351,952
<TOTAL-LIABILITY-AND-EQUITY>                 5,347,338
<SALES>                                      5,594,849
<TOTAL-REVENUES>                             5,594,849
<CGS>                                        4,935,151
<TOTAL-COSTS>                                4,935,151
<OTHER-EXPENSES>                             1,959,768
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             165,224
<INCOME-PRETAX>                            (1,444,619)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,444,619)
<EPS-BASIC>                                    (0.631)
<EPS-DILUTED>                                  (0.352)



</TABLE>
Order entered January 12, 2015

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 14
- 00481
- CV DAVID FUSARO, Appellant
V. TRINITY UNIVERSAL IN SURANCE COMPANY, Appellee On Appeal from the 401st Judicial District Court Collin County, Te xas Trial Court Cause No. 401
- 04057
- 2012 

### O RDER Before the Court is appellant’s January 8, 2015, motion for leave to file notice of supplemental authority. Appellant request s the Court accept a Texas Supreme Court opinion , attached to his motion, issued a fter the filing of appellant’s reply brief

. We GRANT appellant’s motion and consider the supplemental authority attached to the motion received on January 8,
2015 , properly before the Court

.
/s/ CRAIG STODDART JUSTICE