alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### ELBERT WATSON, Employee, v. HARRIS CLAY COMPANY, Employer (Self-Insurer).

(Filed 19 October, 1955.)

Master and Servant § 55d—

When there is any competent evidence to support a finding of fact by the Industrial Commission, such finding is conclusive on appeal, even though there is evidence that would have supported a finding to the contrary.

*764Appeal by plaintiff from *Sink, Emergency Judge,*April Term, 1955, of Avery.

Proceeding before the Industrial Commission for compensation due to disablement from silicosis.

The hearing Commissioner found as a fact that the plaintiff failed to show an injurious exposure to the hazards of silicosis while employed by the defendant, and there is competent evidence to support such finding.

The plaintiff appealed to the Full Commission and after a review of the evidence, findings of fact and conclusions of law of the hearing Commissioner theretofore made, it adopted such findings of fact and conclusions of law and ordered an affirmance of the result reached by him. The plaintiff then appealed to the Superior Court where the order of the Commission was in all respects affirmed.

Plaintiff appeals to this Court, assigning error.

*Warren II. Pritchard for plaintiff appellant*

*Stillwell & Stillwell, McBee & McBee, and Fouts & Watson for defendant appellee.*

Per Curiam.

When there is any competent evidence to support a finding of fact by the Industrial Commission, such finding is conclusive on appeal, even though there is evidence that would have supported a finding to the contrary. *Creighton v. Snipes,*227 N.C. 90, 40 S.E. 2d 612; *Rewis v. Insurance Co.,*226 N.C. 325, 38 S.E. 2d 97. Therefore, in light of the Commission's findings of fact, the judgment of the court below must be

Affirmed.
[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8488-8489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03315]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-892-000]


Red Horse III, LLC; Supplemental Notice That Initial Market-Based 
Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of 
Red Horse III, LLC's application for market-based rate authority, with 
an accompanying rate tariff, noting that such application includes a 
request for blanket authorization, under 18 CFR part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal

[[Page 8489]]

Energy Regulatory Commission, 888 First Street NE., Washington, DC 
20426, in accordance with Rules 211 and 214 of the Commission's Rules 
of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a 
motion to intervene or protest must serve a copy of that document on 
the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is March 1, 2016.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
5 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for electronic review in the 
Commission's Public Reference Room in Washington, DC. There is an 
eSubscription link on the Web site that enables subscribers to receive 
email notification when a document is added to a subscribed docket(s). 
For assistance with any FERC Online service, please email 
<a href="/cdn-cgi/l/email-protection#0a4c4f584945646663646f597f7a7a65787e4a6c6f7869246d657c"><span class="__cf_email__" data-cfemail="b4f2f1e6f7fbdad8dddad1e7c1c4c4dbc6c0f4d2d1c6d79ad3dbc2">[email protected]</span></a>. or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.

    Dated: February 10, 2016.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2016-03315 Filed 2-18-16; 8:45 am]
 BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
exv4w5






Exhibit 4.5




Exhibit A




FIRST AMENDMENT

TO

POSTROCK ENERGY CORPORATION

2010 LONG-TERM INCENTIVE PLAN




          WHEREAS, PostRock Energy Corporation, a Delaware corporation (the “Company”), has established
and maintains the PostRock Energy Corporation 2010 Long-Term Incentive Plan (the “Plan”); and




          WHEREAS, pursuant to Article 15 of the Plan, the Company has the right to amend the Plan at
any time by action of the Board, subject to prior approval by the Company’s stockholders to the
extent such approval is determined to be required by applicable legal and/or stock exchange
requirements; and




          WHEREAS, the Company desires to amend the Plan to increase the number of shares of common
stock of the Company (“Common Stock”) available for issuance under the Plan and such increase has
been approved by the stockholders of the Company at the Annual Meeting of Stockholders on May 10,
2011;




          NOW, THEREFORE, in consideration of the foregoing, (i) the number of shares of Common Stock
available for issuance under the Plan is hereby increased by 2,000,000 shares and (ii) the first
sentence of Section 4.1(a) of the Plan is hereby amended to read as follows:




“Subject to adjustment as provided in Section 15.2, the number of Shares hereby
reserved for delivery under the Plan is 2,850,000 Shares.”




          IN WITNESS WHEREOF, PostRock Energy Corporation has caused this First Amendment to be executed
by its duly authorized officer as of this 17th day of June, 2011.




	 	 	 	 	 
	 	POSTROCK ENERGY CORPORATION

 	 
	 	By:  	/s/ Stephen L. DeGiusti
 	 
	 	 	Stephen L. DeGiusti 	 
	 	 	Executive Vice President, General Counsel and
Secretary
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 Crop Improvement and Protection Research: Salinas, CA
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ARS Home Pacific West Area Salinas, California Crop Improvement and Protection Research Research





- Wintermantel, William - Bill
- 2023
- 2022
- 2021
- Crop Protection & Quarantine (304)

Research Project: **Location:
                            Crop Improvement and Protection Research** Project Number: 0500-00007-121-000-D
                        
                        Project Type: In-House Appropriated Start Date: Oct 1, 2020
                        
                        End Date: Sep 30, 2025 **Objective:**
                        
                        Objective 1: Conduct laboratory and field tests to provide residue data needed to establish a tolerance on a specific commodity or to support a crop group tolerance. **Approach:**
                        
                        Research to support registrations of minor use pesticides. Apply pesticides according to IR-4 protocol guidelines. Obtain performance data, phytotoxicity, yield, and efficacy from treated and untreated field plots. Ship samples to laboratories for residue analyses. Protocols will be employed using appropriate Standard Operating Procedures and conducted under provisions outlined in 40CFR part 160 in accordance with EPA's Laboratory Practice Standards.


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                            WhiteHouse.gov
ex_10-2.htm

















10172 Linn Station Road


Louisville, KY 40223












June 15, 2011












To the Audit Committee of the Board of Directors of NTS Mortgage Income Fund (the “Audit Committee”):


 


NTS Development Company and Residential Management Company (collectively referred to herein as “NTS”) agree to defer amounts owed to them by the NTS Mortgage Income Fund or its subsidiaries (the “Fund”) as of June 10, 2011, and to permit any such amounts to accrue from the date of this agreement through September 30, 2011, other than as permitted by cash flows of the Fund.  As of June 10, 2011, the Fund owed $6,976,738.03 to NTS and their affiliates.


 


NTS further agrees to advance to the Fund such monies as are reasonably necessary to cover any shortfalls for expenses incurred between June 10, 2011 and September 30, 2011, and for those expenses provided for in the Fund’s 2011-2012 Budget as approved by the Fund’s Board of Directors through September 30, 2011.  Unless NTS otherwise agrees, any such advances shall exclude any principal repayments on the mortgage note owed by the Fund to PNC Bank, National Association.


 


The terms of any deferrals or advances from NTS will be presented to the Audit Committee for prior approval and may be documented through a promissory note or notes from the Fund to NTS or their affiliates which shall mature on September 30, 2011.  Any amounts so deferred or advanced by NTS shall accrue interest at the same rate as the NTS cost of funds rate which is currently 5.34%.


 


NTS has the financial ability to allow such deferrals and advances and will provide evidence of such upon reasonable request of the Audit Committee.


 

















/s/ J.D. Nichols               


J.D. Nichols


                       Chairman of NTS Development Company


and Residential Management Company






















/s/ Brian F. Lavin              


                          Brian F. Lavin


President of NTS Development Company


and Residential Management Company
[Federal Register Volume 60, Number 41 (Thursday, March 2, 1995)]
[Notices]
[Page 11692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5136]



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


NUCLEAR REGULATORY COMMISSION

FOIA User Conference

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of public conference.

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

SUMMARY: The NRC will hold a Freedom of Information Act (FOIA) Users 
Conference as a part of its renewed commitment to improving openness 
and responsiveness to the public. The purpose of the conference will be 
to open communications between NRC and its FOIA user community, to 
explain alternatives for access to NRC information, and to obtain FOIA 
users' views for improving the process.

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

DATES: The meeting will be held on Thursday, March 23, 1995, from 9:30 
a.m. to 12:00 p.m.

ADDRESSES: Conference Room T-6 A1 of the U.S. Nuclear Regulatory 
Commission, Two White Flint North, 11545 Rockville Pike, Rockville, 
Maryland 20852.

FOR FURTHER INFORMATION CONTACT:
Ms. Gigi Rammling, Office of Administration, U.S. Nuclear Regulatory 
Commission, Washington DC 20055-0001. Telephone (301) 415-7090.

SUPPLEMENTARY INFORMATION: The general public is invited to 
participate, particularly those who contemplate the need to obtain 
information from the NRC in the future. Invitations have been sent 
directly to some frequent and more recent NRC FOIA requesters. However, 
because of limited seating, advance reservations will be required.
    Reservations may be made by contacting Ms. Gigi Rammling at 301/
415-7090. Those requiring special accommodations should contact Ms. 
Rammling no later than Monday, March 13, 1995.

Agenda

    The agenda for the meeting will include the following:
    (1) Overview of FOIA requirements;
    (2) NRC's openness policy and current practices;
    (3) Overview of NRC processing procedures;
    (4) Question/Answer Session.

    Dated at Rockville, Maryland this 27th day of February 1995.

    For the Nuclear Regulatory Commission.
Carlton C. Kammerer,
Director, Division of Freedom of Information and Publications Services 
Office of Administration.
[FR Doc. 95-5136 Filed 3-1-95; 8:45 am]
BILLING CODE 7590-01-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

July 3, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-11446

Carefree of Colorado: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions.

pdf. 

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
[Federal Register Volume 60, Number 34 (Tuesday, February 21, 1995)]
[Notices]
[Page 9722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4326]



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


U.S. CONSUMER PRODUCT SAFETY COMMISSION

Time and Date: 10:00 a.m., Wednesday, February 22, 1995.

Location: Room 410, East West Towers, 4330 East West Highway, Bethesda, 
Maryland.

Status: Closed to the Public.

Matter to be Considered:

Compliance Status Report

    The staff will brief the Commission on the status of various 
compliance matters.

    For a recorded message containing the latest agenda information, 
call (301) 504-0709.

contact person for additional information: Sadye E. Dunn, Office of the 
Secretary, 4330 East West Highway, Bethesda, MD 20207 (301) 504-0800.

    Dated: February 16, 1995.
Sadye E. Dunn,
Secretary.
[FR Doc. 95-4326 Filed 2-16-95; 2:13 pm]
BILLING CODE 6355-01-M
EXHIBIT 32.1





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 Aethlon Medical, Inc. (the “Registrant”) on Form 10-K for the fiscal year ended March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof, I, James A. Joyce, Chief Executive Officer of the Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





1. Based on my knowledge, the Annual Report on Form 10-K fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and





2. The information contained in such Annual Report on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Aethlon Medical, Inc.








Dated: July 14, 2011
/s/ JAMES A. JOYCEJames A. JoyceChief Executive OfficerAethlon Medical, Inc.





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Aethlon Medical, Inc. and will be retained by Aethlon Medical, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-2060

JASON LEON DIEDRICH,

 Plaintiff - Appellant,

v.

CITY OF NEWPORT NEWS, VIRGINIA; JAMES M. BOUREY; RICHARD W. 

MYERS; YVONNE M. MANNING,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Newport News. Raymond A. Jackson, 

District Judge. (4:15-cv-00002-RAJ-LRL)

Submitted: April 29, 2016 Decided: June 21, 2016

Before KEENAN and WYNN, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Kevin P. Shea, KEVIN P. SHEA, ATTORNEY–AT-LAW, INC., Hampton, 

Virginia, for Appellant. Darlene P. Bradberry, Christopher M. 

Midgley, OFFICE OF THE CITY ATTORNEY, Newport News, Virginia, 

for Appellees. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Jason Leon Diedrich appeals the district court’s order 

dismissing his civil action alleging claims under 42 U.S.C. 

§ 1983 (2012) and state law. On appeal he raises three issues: 

(1) whether the district court erred by finding that his 

demotion claim was barred by res judicata; (2) whether the 

district court erred by ruling that his personnel records claim 

was time barred; and (3) whether the district court erred by 

denying him a hearing on the motion to dismiss.

We review de novo the district court’s granting of 

Defendants’ motion to dismiss under Fed. R. Civ. P. 12(b)(6). 

Philips v. Pitt Cnty. Mem’l Hosp., 572 F.3d 176, 179-80 (4th 

Cir. 2009). Like the district court, we must take the 

complaint’s factual allegations as true and draw all reasonable 

inferences in the plaintiff’s favor. E.I. du Pont de Nemours & 

Co. v. Kolon Indus. Inc., 637 F.3d 435, 440 (4th Cir. 2011). To 

survive a motion to dismiss, a complaint must contain sufficient 

facts to state a claim that is plausible on its face. Bell Atl. 

Corp. v. Twombly, 550 U.S. 544, 570 (2007).

We have reviewed the record and find no reversible error. 

Accordingly, we affirm for the reasons stated by the district 

court. Diedrich v. City of Newport News, No. 4:15-cv-00002-RAJLRL (E.D. Va. Aug. 12, 2015); see Cray Commc’ns, Inc. v. Novatel 

Computr Sys., Inc., 33 F.3d 390, 396 (4th Cir. 1994) (noting 
3

that there is no absolute requirement that a ruling on a summary 

motion be preceded by a hearing). We dispense with oral 

argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would 

not aid the decisional process.

AFFIRMED
#### The American Tool Company, Appellant, v. George J. Smith, Respondent.

Judgment reversed, new trial ordered, costs to abide event.

Opinion

*Per Curiam.*
[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Notices]
[Page 12550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5467]



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

DEPARTMENT OF ENERGY
[Docket No. RP95-175-000]


Mojave Pipeline Company; Rate Filing

March 1, 1995.
    Take notice that on February 27, 1995, Mojave Pipeline Company 
(Mojave), tendered for filing a notice of rate filing concerning 
Tariff, First Revised Volume No. 1. Mojave is tendering revised tariff 
sheets for filing and acceptance to become effective March 1, 1995.
    Mojave states that based upon test period data, Mojave projects an 
annual revenue deficiency in excess of $6 million under its currently 
effective rates as a result of actual increases in its cost of service. 
Notwithstanding such prospective revenue deficiency, Mojave does not 
propose to increase the level of its currently effective rates, nor 
does it propose to modify the rate design underlying such rates 
established in Mojave's Order No. 636 restructuring proceeding. Rather, 
Mojave's rate filing proposes to continue the effectiveness of its 
current rates and rate design, and thus to recover the same level of 
revenues it is allowed to collect under its currently effective tariff.
    Mojave is proposing to modify the currently effective crediting 
mechanism for revenues derived from interruptible transportation 
established in Mojave's Order No. 636 restructuring proceeding. Under 
such mechanism, ninety percent of the amounts in excess of Mojave's 
$0.0010 Minimum Interruptible Rate collected from Mojave's 
interruptible shippers under Rate Schedule IT-1 are credited to 
Mojave's firm shippers in proportion to their respective firm contract 
quantities, while the remaining ten percent (10%) of such amounts are 
retained by mojave.
    Mojave proposes to eliminate this crediting mechanism in light of 
the minimal revenues from interruptible service experienced during the 
base period, and Mojave's inability to project interruptible revenues.
    Mojave states that copies of the notice were served upon all of 
Mojave's firm and interruptible transportation customers and all 
interested state regulatory commissions.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 
20426, in accordance with Parts 385.214 and 351.211 of the Commission's 
Rules and Regulations. All such motions or protests should be filed on 
or before March 8, 1995. Protests will be considered by the Commission 
in determining the appropriate action to be taken, but will not serve 
to make protestants parties to the proceeding. Any person wishing to 
become a party must file a motion to intervene. Copies of this filing 
are on file with the Commission and are available for public inspection 
in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 95-5467 Filed 3-6-95; 8:45 am]
BILLING CODE 6717-01-M