alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Page 16431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7749]



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



DEPARTMENT OF AGRICULTURE

Deschutes Provincial Interagency Executive Committee (PIEC), 
Advisory Committee

agency: Forest Service, USDA.

action: Notice of meeting.

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

summary: The Deschutes PIEC Advisory Committee will meet on April 13 & 
14, 1995 at Rock Springs Guest Ranch, 10 miles north of Bend, Oregon 
off Highway 20. Times are 6 to 9 p.m. April 13, and 8 a.m. to 4 p.m. 
April 14. Agenda items include: (1) Context of the Advisory Committee 
and background on the President's Forest Plan; (2) introduction of 
members; (3) operating guidelines and ground rules; (4) mission and 
purpose of the Province Advisory Committee; (5) relationship to the 
PIEC; and (6) Open public forum. All Deschutes Province Advisory 
Committee meetings are open to the public.

for further information contact: Harry Hoogesteger, Province Liaison, 
USDA, Fort Rock Ranger District, 1230 N.E. 3rd, Bend, Oregon 97701, 
503-383-4704.

    Dated: March 21, 1995.
Sally Collins,
Deschutes National Forest Supervisor.
[FR Doc. 95-7749 Filed 3-29-95; 8:45 am]
BILLING CODE 3410-11-M
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

January 4, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-5238

Arrowhead Electrical Products, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that this particular product is available 

only from China.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
<TABLE> <S> <C>

<PAGE>


<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from
The Company's 10Q and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                         DEC-31-2000
<PERIOD-START>                            JAN-01-2000
<PERIOD-END>                              MAR-31-2000
<CASH>                                             34
<SECURITIES>                                        0
<RECEIVABLES>                                  12,874
<ALLOWANCES>                                      177
<INVENTORY>                                    12,215
<CURRENT-ASSETS>                               25,976
<PP&E>                                         71,087
<DEPRECIATION>                                 44,922
<TOTAL-ASSETS>                                 54,619
<CURRENT-LIABILITIES>                          11,115
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                           56
<OTHER-SE>                                     39,598
<TOTAL-LIABILITY-AND-EQUITY>                   54,619
<SALES>                                        20,702
<TOTAL-REVENUES>                               20,702
<CGS>                                          19,086
<TOTAL-COSTS>                                       0
<OTHER-EXPENSES>                                2,246
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                 18
<INCOME-PRETAX>                                 (648)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                             (648)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    (648)
<EPS-BASIC>                                    (0.12)
<EPS-DILUTED>                                  (0.12)


</TABLE>
#### Anthony ASHFORD, Plaintiff-Appellant, v. Harry LAUF and Phylis FICK, Defendants-Respondents.

No. 64646.

Missouri Court of Appeals, Eastern District, Division One.

April 12, 1994.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 16, 1994.

Anthony Ashford, pro se.

Jeremiah W. (Jay) Nixon, Atty. Gen., Geoffrey W. Preckshot, Asst. Atty. Gen., Jefferson City, for defendants-respondents.

Before CRANDALL, P.J., and REINHARD and CRIST, JJ.

*ORDER*

PER CURIAM.

Plaintiff, Anthony Ashford, appeals from the grant of summary judgment in his action for damages against defendants, Harry Lauf and Phylis Fick.

We have reviewed the record. No error of law appears. An opinion would have no precedential value. The judgment of the trial court is affirmed. Rule 84.16(b). Defendants’ motion for damages for a frivolous appeal is denied.
#### ŒTTINGER LUMBER COMPANY et al. v. W. I. ANDERSON & COMPANY et al.

(Filed 9 January, 1929.)

Appeal and Error — Record—Matters Not Set Out in Record Deemed Without Error.

Por a reversal on appeal the appellant must show error, and where the record is silent as to evidence upon which the Superior Court judge has reversed the report of a referee the presumption is that there was evidence to support the finding, and his judgment thereon will be affirmed.

Appeal by defendant, .¿Etna Casualty and Surety Company, from *Stack, J.,*at June Term, 1928, of Guileoed.

Civil action by creditors to recover for materials furnished and labor performed in the erection of a cold storage plant in the city of Greensboro.

A reference was had under the statute which resulted in a finding and conclusion by the referee, on the crucial point in difference between the parties, that the Leaksville Lumber Company was liable as a principal on the bond in suit, Exhibit D, which finding and conclusion was reversed by the judge of the Superior Court, on exceptions duly filed thereto, it being found as a fact by the judge that the purported execution of said bond by the Leaksville Lumber Company was without authority on its part. To this finding the ¿Etna Casualty and Surety Company excepts, on the ground that said finding is not supported by the evidence, and appeals.

*Brooks, Parker, Smith & Wharton, Hines, Kelly & Boren, Shaping & Hampton, Scott & Brewer and Broadhurst & Robinson for plaintiffs.*

*John N. Wilson for 2Etna Casualty and Surety Company.*

Stacy, C. J.

The evidence taken before the referee, and upon which the judge made his finding as to the nonliability of the Leaksville Lumber Company as principal on the bond in suit, is not incorporated in the record; hence we are not able to say that the finding is without any evidence to support it. The presumption is otherwise. *S. v. Jackson,*183 N. C., 695, 110 S. E., 593; *McGeorge v. Nicola,*173 N. C., 707, 91 S. E., 708.

It is assumed, on appeal, in the first instance, that the judgment of the Superior Court is correct, and the party alleging error must show it. *J ones v. Candler, ante,*382.

As no error has been made to appear, the judgment must be upheld.

Affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-6472

DWIGHT LUTHER COOK,

 Plaintiff - Appellant,

v.

UNITED STATES OF AMERICA,

 Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-01310-CMH-MSN)

Submitted: August 22, 2019 Decided: August 26, 2019

Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Dwight Luther Cook, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Dwight Luther Cook appeals from the district court’s order dismissing his 42 U.S.C. 

§ 1983 (2012) complaint under 28 U.S.C. § 1915A(b)(1)(B) (2012) for failure to state a 

claim. We have reviewed the record and find no reversible error. Accordingly, we affirm 

for the reasons stated by the district court. Cook v. United States, No. 1:18-cv-01310-

CMH-MSN (E.D. Va. filed Mar. 21 & entered Mar. 25, 2019). We deny Cook’s motions 

for appointment of counsel and to amend the complaint. We grant Cook’s motion to amend 

his informal brief. 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
ex10-4.htm


Exhibit 10.4


 


SECOND AMENDMENT TO EMPLOYMENT AGREEMENT







The EMPLOYMENT AGREEMENT dated June 27, 2010, by and between Augme Technologies, Inc., a Delaware corporation, with its principal office at 43 W. 24th Street, 11th Floor, New York, NY 10010, (the “Company”) and Paul R. Arena, (“Employee”) is hereby amended as follows with the remaining provisions of the Employment Agreement remaining in full force and effect.







AMENDMENTS:







NOW, THEREFORE, in consideration of the foregoing recitals and the covenants and conditions herein set forth, the parties hereto amend the Employment Agreement as follows:








	
1.  

	
Section 5 (i) shall be replaced to read as follows:












5.  SALARY







As full compensation (“Base Salary”) for the performance of his duties on behalf of Employer, Employee shall be compensated as follows:







(i) Base Salary. Employer, (x) during the first-year of the term hereof, shall pay Employee a base salary at the rate of Two-Hundred Seventy Five Thousand Dollars ($275,000) per annum, payable semi-monthly; (y) during the subsequent second and third years of the term, Employer agrees to pay Employee a base salary at the rate of Four-Hundred Twenty Five Thousand Dollars ($425,000) per annum, payable semi-monthly.  If this Agreement is renewed for a subsequent term or terms, base salary shall be increased pursuant to; a) a minimum of Ten-Percent (10%) per year (the “Minimum Increase”); or b) as the Board of Directors shall determine if in excess to the Minimum Increase.  Future salary increases will be subject to mutual agreement in accordance with job performance.







IN WITNESS WHEREOF, this amendment is dated as of the 27th day of June, 2011 and effective as of 8th day of June, 2011.













	  	
On Behalf of Employer


	  	  
	  	  
	  	  
	  	
By: /s/ Shelly Meyers


	  	
Shelly Meyers, Chairwoman


	  	  
	  	  
	  	  
	  	
By: /s/ Paul R. Arena


	  	
Paul R. Arena, Employee
<PAGE>



                                 GIBRALTAR logo

 
                               September 21, 1995



Mr. Jon P. Crane
9 Red Start Path
Hilton Head, SC 29926

Dear Jon,
The following is an offer to employ you as President of Standard Packaging and
Printing Corp. We would like for you to start on October 1, 1995. Your base
salary will be $126,000 per year, and you will receive the standard Gibraltar
benefit package.

In addition, you will be given a company car per the attached policy(I agree
that you can expense you current lease until it expires), and the company will
pay for insurance and maintenance on the vehicle. You will also be be eligible
to receive a bonus of up to 30% of your salary based on an assessment of the
divisions performance each fiscal year by myself and the compensation committee
of the board as compared against objectives that you and I will agree to.

You will receive 4 weeks of vacation per year.

The company will pay all of your actual moving expenses, and make a one month
salary allowance to cover all other expenses associated with the move. For up to
three months, the company will pay your temporary living expenses before you
relocate. If you should be asked to leave for any reason other than cause during
your employment by the company, you will be entitled to receive as severance you
current base salary for a period of six months.

If you are in agreement with this proposed offer, please indicate by signing
below.

I look forward to working with you again, and want to wish you much success in
this new challenge.

Sincerely,

/s/ Walter E. Rose                    Agreed to by:  /s/ Jon P. Crane
Walter E. Rose                                           Jon P. Crane


               2115 Rexford Road o Suite 215 o Charlotte, NC 28211
                    Phone (704) 366-2929 o Fax (704) 366-6717
Report of Independent Certified Public Accountants



Board of Directors
Dearborn Bancorp, Inc.

We have audited the consolidated balance sheet of Dearborn Bancorp, Inc. and
subsidiary as of December 31, 1998, and the related consolidated statements
of income, stockholders' equity, and cash flows for each of the two years in
the period ended December 31, 1998. These financial statements are the
responsibility of the Corporation's management. Our responsibility to express
an opinion on these financial statements based on our audits.

We conducted our audit in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the financial statements are free
of material misstatement. An audit includes examining, on a test basis,
evidence supporting the amounts and disclosures in the financial statements.
An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall
financial statement presentation. We believe that our audit provides a
reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above
present fairly, in all material respects, the consolidated financial position
of Dearborn Bancorp, Inc. and subsidiary as of December 31, 1998, and the
consolidated results of their operations and their cash flows for each of the
two years in the period ended December 31, 1998, in conformity with generally
accepted accounting principles.


/s/GRANT THORNTON LLP



Detroit, Michigan
February 17, 1999
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

April 12, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-4538

ECM Industries LLC: 

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

_04.15.19.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,

Stephen P. Vaughn

General Counsel
Organization Name:

Note: Representatives submitting on behalf of an organization must enter information below.

Requestor Representative:

Section 301 Investigation: China's Acts, Policies, and Practices Related to Technology 

Transfer, Intellectual Property, and Innovation - Form to Request Exclusion of Product

When submitting a product exclusion request using this form, enter the specified 

information in the following fields and explain the basis and rationale for your statements. 

By completing this form, you certify that the information provided is complete and 

correct to the best of your knowledge. 

1. Indicate whether the comment contains business confidential information (BCI), is a public

document, or is a public version of a BCI document.

3.

2. Please provide a complete and detailed description of the product of concern:

4.

5. Requestor's relationship to the product:

CONTINUED BELOW

*

10-digit HTSUS item number* for product you wish to address in this product exclusion request:

Use numerical characters only with no special characters (example: 1023456789). For help in finding 

the HTSUS item number associated with your product, see https://hts.usitc.gov/

1

7.

6. Does this submission in regulations.gov include additional attachments?

Please indicate whether any additional attachment contains business confidential

information (BCI), is a public document, or is a public version of a BCI document.

VERSION 1

Requestor Information

Requestor Name (Last, First):
END 2

8. Is this product, or a comparable product, available from sources in the United States?:

VERSION 1

11. Please provide information in support your request, taking account of the instructions

provided in Section B of the Federal Register notice (note: text entered below can extend

beyond the apparent size of this box).

9. Is this product, or a comparable product, available from sources in third countries?:

10. Please provide the value and quantity (with units) of the Chinese-origin product of concern

that you purchased for each calendar year specified. Limit this figure to the products

purchased by your firm (or by members of your trade association) alone. Please provide

estimates if precise figures are unavailable.

2016 Value:

2015 Value:

2017 Value:

2016 Quantity:

2015 Quantity:

2017 Quantity:
ATTACHMENT A
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-2018-0025-5343

ECM Industries LLC:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request did not contain a sufficient product identification or was 

determined to be non-administrable.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
[Federal Register Volume 60, Number 61 (Thursday, March 30, 1995)]
[Notices]
[Page 16467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7762]



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


DEPARTMENT OF ENERGY

Notice of Application

March 24, 1995.
    Take notice that the following hydroelectric application has been 
filed with the Commission and is available for public inspection:
    a. Type of Application: Major License.
    b. Project No.: 11214-001.
    c. Date Filed: February 22, 1995.
    d. Applicant: Southwestern Electric Cooperative, Inc.
    e. Name of Project: Carlyle Reservoir.
    f. Location: On the Kaskaskia River near the City of Carlyle, 
Clinton County, Illinois.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)825(r).
    h. Applicant Contact: Mr. Robert Weinberg, 1615 M Street, N.W. 
Suite 800, Washington, DC 20036, (202) 467-6370.
    i. FERC Contact: Charles T. Raabe (dt) (202) 219-2811.
    j. Comment Date: On or before April 24, 1995.
    k. Description of Project: The proposed project would utilize the 
existing U.S. Army Corps of Engineers' Carlyle Dam and Reservoir and 
would consist of: (1) An intake structure; (2) five 96-inch-diameter 
penstocks; (3) a power plant having five 800-Kw turbine/generator 
units; (4) a 1400-foot-long underground and a 3,000-foot-long overhead 
transmission line; and (5) appurtenant facilities.
    l. With this notice, we are initiating consultation with the State 
Historic Preservation officer (SHPO), as required by Sec. 106, National 
Historic Preservation Act, and the regulations of the Advisory Council 
on Historic Preservation, 36 CFR 800.4.
    m. Pursuant to Sec. 4.32(b)(7) of 18 CFR of the Commission's 
Regulations, if any resource agency, SHPO, Indian Tribe, or person 
believes that an additional scientific study should be conducted in 
order to form an adequate factual basis for a complete analysis of the 
application of its merits, the resource agency, SHPO, Indian Tribe, or 
person must file a request for a study with the Commission not later 
than 60 days from the filing date and serve a copy of the request on 
the applicant.
Lois D. Cashell,
Secretary.
[FR Doc. 95-7762 Filed 3-29-95; 8:45 am]
BILLING CODE 6717-01-M