alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Compensation Guidance Services, Inc., Respondent, v Harry’s Nurses Registry, Inc., Appellant.

[977 NYS2d 344]

In an action, inter alia, to recover damages for breach of contract, the defendant appeals (1) from a judgment of the Supreme Court, Kings County (Partnow, J.), dated January 24, 2012, which, upon an order of the same court dated January 3, 2012, granting the plaintiffs motion for summary judgment on the complaint, is in favor of the plaintiff and against it in the principal sum of $26,989.50, and (2), as limited by its brief, from so much of an order of the same court dated July 3, 2012, as, upon reargument, adhered to the original determination in the order dated January 3, 2012.

Ordered that the judgment is affirmed; and it is further,

Ordered that the order dated July 3, 2012, is affirmed insofar as appealed from; and it is further,

*777Ordered that one bill of costs is awarded to the plaintiff.

The parties entered into a letter of agreement whereby the plaintiff agreed to conduct a review of the defendant’s Workers’ Compensation insurance policy in order to procure certain refunds or credits of insurance premiums previously paid. In exchange, the defendant agreed to pay the plaintiff 50% of any premiums or credits received by it from its insurer as a result of the plaintiffs service. Pursuant to a review of the defendant’s insurance policy, the plaintiff recommended a reclassification of certain “class codes” for individuals employed by the defendant. This reclassification resulted in a refund and credit to the defendant in the total sum of $53,797. Thereafter, the plaintiff sent the defendant an invoice to collect its 50% fee. When the defendant failed to pay the invoice, the plaintiff commenced the instant action, inter alia, to recover damages for breach of contract. The plaintiff moved for summary judgment on the complaint and the Supreme Court granted the motion.

“[Wjhen parties set down their agreement in a clear, complete document, their writing should ... be enforced according to its terms” (W.W.W. *Assoc. v Giancontieri,*77 NY2d 157, 162 [1990]; *see Vermont Teddy Bear Co. v 538 Madison Realty Co.,*1 NY3d 470, 475 [2004]; *Stars Jewelry by A Jeweler Corp. v Hanover Ins. Group, Inc.,*104 AD3d 670, 671 [2013]). Here, giving the subject agreement its plain and ordinary meaning *(see*W.W.W. *Assoc. v Giancontieri,*77 NY2d at 162), the plaintiff established its prima facie entitlement to judgment as a matter of law by submitting, inter alia, the parties’ agreement, copies of the refund checks sent to the defendant by the insurer, and the invoice it sent to the defendant wherein it sought payment of its 50% fee. In opposition, the defendant failed to raise a triable issue of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). Accordingly, the Supreme Court properly granted the plaintiff’s motion for summary judgment, and, upon reargument, properly adhered to that determination. Rivera, J.E, Skelos, Chambers and Hall, JJ., concur.
96-2852.

#### Pegan v. Crawmer.

Licking App. No. 94CA106. On motion to dismiss. Motion denied.
Number of Revenues Percentage of Mean Median

Gaming Revenue Range Operations (in thousands)

Operations Revenues (in thousands) (in thousands)

Gaming operations with fiscal years ending in 2010$250 million and over 21 $10,009,379 5.0% 37.8% $476,637 $377,728$100 million to $250 million 53 $8,685,402 12.6% 32.8% $163,876 $156,824$50 million to $100 million 53 $3,756,504 12.6% 14.2% $70,877 $65,898$25 million to $50 million 61 $2,091,904 14.5% 7.9% $34,294 $32,550$10 million to $25 million 88 $1,435,762 20.9% 5.4% $16,315 $15,641$3 million to $10 million 72 $444,384 17.1% 1.7% $6,172 $6,102Under $3 million 74 $79,198 17.5% 0.3% $1,070 $839

Total 422 $26,502,533

Gaming operations with fiscal years ending in 2009$250 million and over 21 $10,256,700 5.0% 38.7% $488,414 $387,003$100 million to $250 million 50 $8,167,831 11.9% 30.8% $163,357 $158,652$50 million to $100 million 52 $3,707,540 12.4% 14.0% $71,299 $70,729$25 million to $50 million 67 $2,384,381 16.0% 9.0% $35,588 $33,474$10 million to $25 million 90 $1,473,178 21.5% 5.6% $16,369 $15,900$3 million to $10 million 68 $415,275 16.2% 1.6% $6,107 $6,174Under $3 million 71 $77,542 16.9% 0.3% $1,092 $779

Total 419 $26,482,447

Number of Revenues Percentage of Mean Median

Gaming Revenue Range Operations (in thousands)

Operations Revenues (in thousands) (in thousands)

Gaming operations with fiscal years ending in 2008$250 million and over 23 $11,197,566 5.7% 41.9% $486,851 $415,966$100 million to $250 million 47 $7,764,163 11.6% 29.0% $165,195 $164,918$50 million to $100 million 52 $3,605,181 12.8% 13.5% $69,330 $67,054$25 million to $50 million 66 $2,286,574 16.3% 8.6% $34,645 $32,179$10 million to $25 million 85 $1,409,292 21.0% 5.3% $16,580 $16,214$3 million to $10 million 69 $408,109 17.0% 1.5% $5,915 $5,867Under $3 million 63 $67,941 15.6% 0.3% $1,078 $908

Total 405 $26,738,826

Gaming operations with fiscal years ending in 2007$250 million and over 22 $10,999,559 5.6% 42.1% $499,980 $417,707$100 million to $250 million 47 $7,807,413 12.0% 29.9% $166,115 $158,777$50 million to $100 million 46 $3,281,581 11.8% 12.6% $71,339 $71,113$25 million to $50 million 58 $2,070,824 14.8% 7.9% $35,704 $33,423$10 million to $25 million 90 $1,529,902 23.0% 5.9% $16,999 $16,192$3 million to $10 million 67 $396,957 17.1% 1.5% $5,925 $5,699Under $3 million 61 $57,236 15.6% 0.2% $938 $755

Total 391 $26,143,472

Gaming operations with fiscal years ending in 2006 $250 million and over 23 $11,006,025 5.8% 44.2% $478,523 $413,556$100 million to $250 million 40 $6,730,419 10.2% 27.0% $168,260 $157,987$50 million to $100 million 45 $3,185,470 11.4% 12.8% $70,788 $66,955$25 million to $50 million 64 $2,241,013 16.2% 9.0% $35,016 $32,652$10 million to $25 million 73 $1,241,706 18.5% 5.0% $17,010 $17,363$3 million to $10 million 67 $416,098 17.0% 1.7% $6,210 $6,423Under $3 million 82 $68,293 20.8% 0.3% $833 $347

Total 394 $24,889,022

Source: Compiled from gaming operation audit reports received and enteredby the NIGC through 6/10/2011.

NIGC Tribal Gaming Revenues
EXHIBIT 31.2

CERTIFICATION

I, Dennis M. Clarke, certify that: 

l.     I have reviewed this Quarterly Report on Form 10-QSB of Independent BancShares, Inc.;

2.     Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

3.     Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;

4.     The small business issuer's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:

     (a)     Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

     (b)     [Intentionally omitted]

     (c)     Evaluated the effectiveness of the small business issuer's disclosure controls and procedures  and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

     (d)     Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and

5.     The small business issuer's other certifying officer(s) and I have disclosed, based on our most recent evaluation of the internal control over financial reporting, to the small business issuer's auditors and the audit committee of small business issuer's board of directors (or persons performing the equivalent functions):

     (a)     All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and

     (b)     Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting.

Date: August 11, 2005.

/S/ Dennis M. Clarke
---

Exhibit 32.1

CERTIFICATIONS PURSUANT TO SECTION 906 OFTHE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of mPhase Technologies,
Inc., a New Jersey corporation (the "Company"), on Form 10Q/A for the quarter
ended September 30, 2009 as filed with the Securities and Exchange Commission
(the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18U.S.C.
Section 1350), that to his knowledge:

|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.

/s/ Ronald A.
DurandoRonald A. Durando Chief Executive Officer

June 4, 2010

---
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.
 Department of Justice Drug Enforcement Administration
 Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on May 27, 2009, Boehringer Ingelheim Chemicals, Inc., 2820 N. Normandy Drive, Petersburg, Virginia 23805, made application by renewal to the Drug Enforcement Administration (DEA) as a bulk manufacturer of the basic classes of controlled substances listed in schedule II: Drug
ScheduleAmphetamine (1100)
IILisdexamfetamine (1205)
IIMethylphenidate (1724)
IIMethadone (9250)
IIMethadone intermediate (9254)
II
 The company plans to manufacture the listed controlled substances in bulk for sale to its customers for formulation into finished pharmaceuticals. Any other such applicant, and any person who is presently registered with DEA to manufacture such substances, may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than August 24, 2009. Dated: June 15, 2009. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. E9-14707 Filed 6-22-09; 8:45 am] BILLING CODE 4410-09-P
97-567.

#### Cope v. Metro. Life Ins. Co.

Columbiana App. No. 95C046.

Moyer, C.J., and Cook, J., dissent.
DISMISSED; Opinion Filed February 20, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-19-00009-CV

IN THE INTEREST OF M.G.G., J.O.G. AND E.A.G., CHILDREN

On Appeal from the 417th Judicial District Court

Collin County, Texas

Trial Court Cause No. 417-53207-2010

MEMORANDUM OPINION

Before Justices Myers, Osborne, and Nowell

Opinion by Justice Myers

Before the Court is appellant’s unopposed motion to voluntarily dismiss this appeal. 

Pursuant to Texas Rule of Appellate Procedure 42.1(a)(1), we grant the motion and dismiss the 

appeal. See TEX. R. APP. P. 42.1(a)(1).

190009F.P05

/Lana Myers/

LANA MYERS

JUSTICE
Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

IN THE INTEREST OF M.G.G., J.O.G. 

AND E.A.G., CHILDREN 

No. 05-19-00009-CV 

On Appeal from the 417th Judicial District 

Court, Collin County, Texas

Trial Court Cause No. 417-53207-2010.

Opinion delivered by Justice Myers, 

Justices Osborne and Nowell participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER appellee Elizabeth L. Gustafson recover her costs, if any, of this appeal from 

appellant John C. Gustafson.

Judgment entered this 20th day of February, 2019.
[Federal Register Volume 74, Number 117 (Friday, June 19, 2009)]
[Notices]
[Page 29200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14456]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13358-000]


Riverbank USA Holdings Corp.; Notice of Preliminary Permit 
Application Accepted for Filing and Soliciting Comments, Motions To 
Intervene, and Competing Applications

June 15, 2009.
    On January 27, 2009, Riverbank USA Holdings Corp. filed an 
application pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the Verplanck Pumped Storage 
Project No. 13358-000, to be located in the vicinity of the Verplanck 
Quarry within the town of Cortlandt in West Chester, New York.
    The proposed Verplanck Pumped Storage Project would consist of: (1) 
The Verplanck Quarry (upper reservoir); (2) four 13-foot diameter 
vertical penstocks leading to a powerhouse 2,000 feet underground; (3) 
a powerhouse containing four 250-megawatt (MW) units with a total 
installed capacity of 1,000 MW; (4) water leaving the turbines would be 
temporarily stored in six underground storage galleries (lower 
reservoir); and (5) a new double circuit 345-kilovolt transmission 
line, approximately 1.0 mile long. The estimated average annual energy 
production of the project would be 2,190 gigawatt-hours.
    Applicant Contact: Mr. John Douglas, President and CEO, Riverbank 
Power Corporation, Royal Bank Plaza, South Tower, Box 166, 200 Bay 
Street, Suite 3110, Toronto, Ontario M5J2J4 Canada; 416-861-0092 ext. 
156.
    FERC Contact: Patrick Murphy, (202) 502-8755.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp.
    More information about this project can be viewed or printed on the 
``eLibrary'' link of the Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-13358) in the 
docket number field to access the document. For assistance, call toll-
free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-14456 Filed 6-18-09; 8:45 am]
BILLING CODE 6717-01-P
#### In the Matter of Paul Murphy, Respondent, v New York State Division of Housing and Community Renewal, Appellant, and SouthBridge Towers, Inc., Respondent.

Submitted July 23, 2012;

decided September 13, 2012

Motion by the City of New York for leave to file a memorandum of law amicus curiae on the motion for leave to appeal herein granted and the memorandum of law is accepted as filed.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 267 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
H. RES. 267

   Supporting the designation of March 2019 as National Kidney Month.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 2019

 Ms. Clarke of New York submitted the following resolution; which was 
           referred to the Committee on Oversight and Reform

_______________________________________________________________________

                               RESOLUTION

 
   Supporting the designation of March 2019 as National Kidney Month.

Whereas World Kidney Day is March 14, 2019, and National Kidney Month is 
        observed in March of every year;
Whereas high blood pressure and diabetes, the leading causes of chronic kidney 
        disease, are responsible for up to two-thirds of the cases;
Whereas Hispanic Americans have a 1.5 times greater risk of developing kidney 
        failure than non-Hispanic Americans;
Whereas African Americans have a nearly 4-fold higher rate of end stage renal 
        disease (ESRD) than any other group of people, despite a similar 
        prevalence rate of early chronic kidney disease;
Whereas hypertension is most prevalent among African Americans (33 percent) and 
        is a major cause of ESRD in that population;
Whereas Native Americans are about 1.8 times more likely to be diagnosed with 
        kidney failure than non-Native Americans;
Whereas diabetes is the leading cause of kidney failure among Native Americans;
Whereas in the United States, 30 million adults have chronic kidney disease and 
        millions of others are at increased risk;
Whereas early detection can help prevent the progression of kidney disease to 
        kidney failure;
Whereas public awareness and education campaigns on kidney disease prevention, 
        screening, and symptoms are held during the month of March each year; 
        and
Whereas educational efforts can help provide information to the public on 
        methods of prevention and screening, as well as about symptoms for early 
        detection: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals and ideals of National Kidney Month; 
        and
            (2) encourages the people of the United States to observe 
        the month with appropriate awareness and educational 
        activities.
                                 <all>
```
_________________________________________ 

 

Order Michigan Supreme Court

Lansing, Michigan 

June 4, 2008 Clifford W. Taylor,

 Chief Justice 

135722 & (3)(4)(8)(9) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

ENBRIDGE ENERGY, LIMITED PARTNERSHIP, Robert P. Young, Jr. 

Stephen J. Markman, Plaintiff, Justices 

v SC: 135722 

MTT: 0301679 

MICHIGAN TAX TRIBUNAL, 

Defendant. 

_________________________________________/ 

On order of the Court, the motion for immediate consideration is GRANTED. 

The complaint for superintending control is considered, and it is DISMISSED. Const 

1963, art 6, § 4 grants this Court general superintending control over “courts,” not over 

administrative agencies of the executive branch of government. The motion for stay is 

DENIED. The motions for miscellaneous relief are GRANTED. 

t0528 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 4, 2008 

 Clerk
[Federal Register Volume 74, Number 115 (Wednesday, June 17, 2009)]
[Notices]
[Page 28727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14372]


=======================================================================
-----------------------------------------------------------------------

NATIONAL TRANSPORTATION SAFETY BOARD


Sunshine Act Meeting; Agenda

Time and Date: 9:30 a.m., Tuesday, June 30, 2009.

Place: NTSB Conference Center, 429 L'Enfant Plaza SW., Washington, DC 
20594.

Status: The one item is open to the public.

Matter To Be Considered: 

------------------------------------------------------------------------
 
------------------------------------------------------------------------
8116..........................  Aircraft Accident Summary Report--Ground
                                 Fire Aboard Cargo Airplane, ABX Air
                                 Flight 1611, Boeing 767-200, N799AX,
                                 San Francisco, California, June 28,
                                 2008.
------------------------------------------------------------------------


News Media Contact: Telephone: (202) 314-6100.
    The press and public may enter the NTSB Conference Center one hour 
prior to the meeting for set up and seating.
    Individuals requesting specific accommodations should contact 
Rochelle Hall at (202) 314-6305 by Friday, June 26, 2009.
    The public may view the meeting via a live or archived webcast by 
accessing a link under ``News & Events'' on the NTSB home page at 
http://www.ntsb.gov.

FOR MORE INFORMATION CONTACT: Vicky D'Onofrio, (202) 314-6410.

    Dated: June 12, 2009.
Vicky D'Onofrio,
Federal Register Liaison Officer.
[FR Doc. E9-14372 Filed 6-15-09; 4:15 pm]
BILLING CODE 7533-01-P
EXHIBIT 1.1

                           Commonwealth of The Bahamas
                    The International Business Companies Act
                                 (No. 2 of 1990)

                           Certificate of Continuation
                                                   (Sections 11, 02, 03, 05, 06)

No. 43,127                     WORLD WIDE LIMITED

      I, SHANE MILLER DEPUTY, Registrar General of the Commonwealth of The
Bahamas Do Hereby Certify pursuant to the Inter- national Business Companies Act
(No. 2 of 1990) that all requirements of the said Act in respect of continuation
have been satisfied, and that

                               WORLD WIDE LIMITED

is deemed to be incorporated in the Commonwealth of The Bahamas as an
Inter-national Business Company. THIS 18th DAY OF APRIL, 1996.

                                                             Given under my hand
                                                           and seal at Nassau in
                                                             the Commonwealth of
                                                                     The Bahamas

                                                    ----------------------------
                                                      Deputy   Registrar General