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-                   Secretary of Labor v. The American Coal Company, Docket Nos. LAKE 2005-129 and LAKE 2006-28.               

#   Secretary of Labor v. The American Coal Company, Docket Nos. LAKE 2005-129 and LAKE 2006-28. 

meeting_101107.pdf

fmshrc101107.mp3

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### The Federal Mine Safety and Health Review Commission

#### 1331 Pennsylvania Avenue, NW,Suite 520NWashington, DC 20004-1710Phone: 771-210-1887 TTY/TDD (202)434-4000 ext. 293E-mail: fmshrc@fmshrc.gov
(First Circuit — Hamilton Co., O., Cilcuit Court

Jan. Term, 1898.)

Before Cox, Smith and Swing, JJ,

#### H. P. WHITTAKER v. KENSEA STONE and DUDLEY ALLEN.

No merger where judgment is taken against one of the two parties on a joint claim, the other being returned, “not found,” but being afterward brought in on an alias summons.

Error to the Court of Common Pleas of Hamilton county.

Smith, J.

We are of the opinion, on the authority of Yoho v. McGovern, 42 Ohio St., 11, that where a plaintiff commences an action on a joint claim against two defendants, who are non-residents of the state, and sues out an attachment which is levied upon property as the property of one or both of them* and summons issues against both of the defendants which is duly served on one of them and returned ‘‘not found” as to the other defendant, and on the day fixed for the trial, judgment is rendered against the party served, and on the following day an alias summons is issued against the other defendant, and he is personally served, and on the day fixed for the hearing, trial is had and judgment is rendered against him, from which judgment he appeals, that an answer setting up such facts does not constitute á good defense; that under such circumstances the taking of the judgment against the defendant first served does *636not merge the debt against the other into the judgment against the first, but that he is authorized afterwards to sue the person not served on the original debt, and if he can obtain service upon him, recover a judgment thereon, notwithstanding the former judgment against the other joint debtor. If he can do so in a new action, we think he can do so in the same action if the justice has not lost jurisdiction of the action, as we think he had pot in this case. We think the demurrer (to the answer setting up these facts) was improperly overruleu and the action dismissed, and the judgment will be reversed and the cause remanded to the court of common pleas for further proceedings.

*W.*J. *Davidson,*for Plaintiff in Error.

*Charles J. Hunt,*contra.
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.                  

###### Department of State

          - [Public Notice 3869]

# AGENCY:

Department of State.

# ACTION:

Notice.

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236 of October 19, 1999, as amended, I hereby determine that the objects to be included in the exhibition “Gerhard Richter: Forty Years of Painting,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners. I also determine that the exhibition or display of the exhibit objects at the Museum of Modern Art, New York, NY, from on or about February 13, 2002, through May 21, 2002; The Art Institute of Chicago from on or about June 22, 2002, to September 15, 2002; the San Francisco Museum of Modern Art from on or about October 11, 2002, to January 14, 2003; and the Hirshhorn Museum and Scultpure Garden from on or about February 20, 2003, to May 18, 2003, is in the national interest. Public Notice of these Determinations is ordered to be published in the                         **Federal Register**                        .                    

# FOR FURTHER INFORMATION CONTACT:

For further information, including a list of the exhibit objects, contact David S. Newman, Attorney-Adviser, Office of the Legal Adviser, U.S. Department of State, (telephone: 202/619-6982). The address is U.S. Department of State, SA-44, 301 4th Street, SW., Room 700, Washington, DC 20547-0001.

Dated: December 21, 2001.

Patricia S. Harrison,

Assistant Secretary for Educational and Cultural Affairs, United States Department of State.

[FR Doc. 01-32230 Filed 12-31-01; 8:45 am]

BILLING CODE 4710-08-P
77 A.3d 618

#### COMMONWEALTH of Pennsylvania, Petitioner v. Tyde PASTURE, Respondent.

Supreme Court of Pennsylvania.

Sept. 27, 2013.

*ORDER*

PER CURIAM.

AND NOW, this 27th day of September, 2013, the Petition for Allowance of Appeal is GRANTED. The issue, rephrased for clarity, is:

Following remand of this matter for reconsideration by the Superior Court in light of *Commonwealth v. Perry,*612 Pa. 557, 32 A.3d 232 (2011), did the Superior Court, in purporting to distinguish *Perry,*disregard, for a second time, this Court’s directives in *Perry*and *Commonwealth v. Walls,*592 Pa. 557, 926 A.2d 957 (2007)?
FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

SUNSHINE ACT NOTICE

TIME AND DATE: 10:00 a.m., Thursday, February 13, 2020

PLACE: The Richard V. Backley Hearing Room, Room 511N, 1331 

Pennsylvania Avenue, NW, Washington, DC 20004 (enter from 

F Street entrance)

STATUS: Open 

MATTERS TO BE 

CONSIDERED: The Commission will consider and act upon the following in open 

session: Secretary of Labor v. M-Class Mining, LLC, Docket No. 

LAKE 2018-0188-R. (Issues include whether the Judge erred in 

ruling that a section 103(k) safety order was validly issued and was 

not an abuse of discretion.)

Any person attending this meeting who requires special 

accessibility features and/or auxiliary aids, such as sign language 

interpreters, must inform the Commission in advance of those 

needs. Subject to 29 C.F.R. § 2706.150(a)(3) and § 2706.160(d).

CONTACT PERSON 

FOR MORE INFO: Emogene Johnson (202) 434-9935 / (202) 708-9300 for TDD

Relay / 1-800-877-8339 for toll free.

PHONE NUMBER

FOR LISTENING TO 

MEETING: 1-(866) 236-7472

Passcode: 678-100

Authority: 5 U.S.C. 552b

Dated: January 21, 2020

__________________________________

Sarah L. Stewart

Deputy General Counsel

Billing Code 6735-01
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3613 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
117th CONGRESS
  2d Session
                                H. R. 3613

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
  at 202 Trumbull Street in Saint Clair, Michigan, as the ``Corporal 
            Jeffrey Robert Standfest Post Office Building''.

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

SECTION 1. CORPORAL JEFFREY ROBERT STANDFEST POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 202 Trumbull Street in Saint Clair, Michigan, shall be known 
and designated as the ``Corporal Jeffrey Robert Standfest Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Corporal 
Jeffrey Robert Standfest Post Office Building''.

            Passed the House of Representatives February 1, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 3613

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
  at 202 Trumbull Street in Saint Clair, Michigan, as the ``Corporal 
            Jeffrey Robert Standfest Post Office Building''.
```
**Exhibit 10.11.5**

**AMENDMENT NO. 5**

**TO**

**AMERICREDIT CORP.**

**EMPLOYEE STOCK PURCHASE PLAN**

Effective on May 15, 2009, the Employee Stock Purchase Plan of AmeriCredit Corp. (the “ESP Plan”) is hereby amended as follows:

**Paragraph 2. Definitions**. Sub-section (l), “Offering Period,” is hereby deleted and the following definition issubstituted in lieu thereof: 

(l) “Offering Period” shall mean the twelve (12) months during which an optiongranted pursuant to the Plan may be exercised, as described in paragraph 4. 

**Paragraph 3. Eligibility**. Sub-section (b)(ii) is herebydeleted and the following sub-section is substituted in lieu thereof: 

(ii) Such option would permit such Employee’sright to purchase stock under all employee stock purchase plans (described in Section 423 of the Code) of the Company and its Subsidiaries to accrue at a rate which exceeds Six Thousand Dollars ($6,000) of the fair market value of such stock(determined at the time such option is granted) for each calendar year in which such option is outstanding at any time, in accordance with the provisions of Code Section 423(b)(8), subject to the limitations specified in Paragraph 6(a) hereof.

**Paragraph 4. Offering Periods**. The last sentence of Paragraph 4 is hereby deleted and the following sentence is substituted in lieuthereof: 

Absent action by the Board, each Offering Period shall be for a period of twelve (12) months and new OfferingPeriods shall commence on the Monday immediately following the completion of the first payroll period ending in December and June of each year. 

**Paragraph 6. Payroll Deductions**. Sub-section (a) is hereby deleted and the following sub-section is substituted in lieu thereof: 

(a) At the time a Participant files his or her Subscription Agreement, such Participant shall elect to have payroll deductions made on each pay date during the Offering Period at the rate not to exceed ten percent(10%) of the Compensation which he or she receives on each pay date during the Offering Period, provided that the aggregate amount of such payroll deductions shall not exceed the lesser amount of (i) ten percent (10%) of theParticipant’s aggregate Compensation during said Offering Period, or (ii) $5,100 in any twelve (12) month period. An eligible Employee may participate in only one Offering Period at a time. An employee that reaches the maximum payrolldeduction in first Exercise Period of an Offering Period shall not be eligible to further participate until that Offering Period expires. 

This Amendment No. 5 to the ESP Plan is executed and effective this 15th day of May, 2009, pursuantto approval and authorization by the Board of Directors. 

 
  
J. Michael May, Executive Vice President,

Chief LegalOfficer and Secretary
**Exhibit 23.1**

 

**CONSENT OF INDEPENDENT AUDITORS**

 

The Board of Directors 

Acclaim Entertainment, Inc. 

 

We consent to theincorporation by reference in the registration statements (numbers 333-68667, 333-40025, 333-51967 and 333-82088) filed on Form S-8 and in the registration statements (numbers 033-59819, 333-45071, 333-72503, 333-71211, 333-69367, 333-84368,333-70266, 333-59048 and 033-65051) filed on Form S-3 of Acclaim Entertainment, Inc. of our report dated May 20, 2003 relating to the consolidated balance sheets of Acclaim Entertainment, Inc. and Subsidiaries as of March 31, 2003 and August 31,2002 and 2001, and the related consolidated statements of operations, stockholders’ (deficit) equity and cash flows and the related financial statement schedule for the seven months ended March 31, 2003 and each of the years in the three-yearperiod ended August 31, 2002, which report appears in the March 31, 2003 Annual Report on Form 10-K of Acclaim Entertainment, Inc. 

 

Our report dated May 20, 2003, contains an explanatory paragraph that states that the Company has working capital and stockholders’ deficits at March31, 2003 and a recurring use of cash in operating activities that raises substantial doubt about its ability to continue as a going concern. The consolidated financial statements do not include any adjustments that might result from the outcome ofthat uncertainty. 

 

/s/  KPMG LLP 

 

New York, New York 

May 23, 2003
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          FEB-28-1997
<PERIOD-END>                               AUG-31-1997
<CASH>                                           7,644
<SECURITIES>                                         0
<RECEIVABLES>                                   11,133
<ALLOWANCES>                                         0
<INVENTORY>                                     20,297
<CURRENT-ASSETS>                                40,102
<PP&E>                                         104,991
<DEPRECIATION>                                (50,810)
<TOTAL-ASSETS>                                 119,012
<CURRENT-LIABILITIES>                           14,777
<BONDS>                                        110,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (13,825)
<TOTAL-LIABILITY-AND-EQUITY>                   119,012
<SALES>                                         30,149
<TOTAL-REVENUES>                                30,149
<CGS>                                           24,825
<TOTAL-COSTS>                                   26,279
<OTHER-EXPENSES>                                   173
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,403
<INCOME-PRETAX>                                    294
<INCOME-TAX>                                       125
<INCOME-CONTINUING>                                169
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       169
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
2014-0824.

#### State v. Wampler.

Fairfield App. No. 13-CA-3, 2014-Ohio-37. On motion for delayed appeal. Motion denied.

Pfeifer, J., dissents.
Distribution:

Andrew Tardiff, Esq.

Office of the Solicitor

U.S. Department of Labor

201 12th Street South, Suite 401

Arlington, VA 22202-5450

Eric T. Frye, Esq.

1051 Main Street

Milton, WV 25541

Ali Beydoun, Esq. 

Office of the Solicitor

US Department of Labor

201 12th St. South, Suite 401 

Arlington, VA 22202-5450

April Nelson, Esq.

Office of the Solicitor

US Department of Labor

201 12th St. South, Suite 401

Arlington, VA 22202-5450

Ed Elliott

Office of the Solicitor

US Department of Labor

201 12th St. South, Suite 401

Arlington, VA 22202-5450

Melanie Garris

Office of Civil Penalty Compliance, MSHA

U.S. Department of Labor

201 12th Street South, Suite 401 

Arlington, VA 22202-5450

Administrative Law Judge Jerold Feldman

Federal Mine Safety and Health Review Commission

Office of Administrative Law Judges

1331 Pennsylvania Avenue, N. W., Suite 520N

Washington, D.C. 20004-1710
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.                  

###### United States Institute of Peace

# AGENCY:

United States Institute of Peace.

# DATE/TIME:

Thursday, January 18, 2001, 9:00 a.m.-5:30 p.m.

# LOCATION:

1200 17th Street, NW., Suite 200, Washington, DC 20036.

# STATUS:

Open Session—Portions may be closed pursuant to Subsection (c) of Section 552(b) of Title 5, United States Code, as provided in subsection 1706(h)(3) of the United States Institute of Peace Act, Public Law 98-525.

# AGENDA:

January 2000 Board Meeting; Approval of Minutes by the Ninety-Seventh Meeting (November 16, 2000) of the Board of Directors; Chairman's Report; President's Report; Committee Reports; Review of Unsolicited Grant Applications; Other General Issues.

# CONTACT:

Dr. Sheryl Brown, Director, Office of Communications, Telephone: (202) 457-1700.

Dated: January 2, 2001.

Charles E. Nelson,

Vice President for Management and Finance, United States Institute of Peace.

[FR Doc. 01-327   Filed 1-2-01; 11:52 am]

BILLING CODE 6820-AR-M
<PAGE>   1


                                                                   EXHIBIT 12.01


                       STATEMENT RE: COMPUTATION OF RATIO
                          OF EARNINGS TO FIXED CHARGES
                                  (IN MILLIONS)


<TABLE>
<CAPTION>
                                                                Year Ended December 31:
                                                                     (In millions)

                                                 1999          1998       1997        1996        1995
                                                ------        -----      -----       -----       ------
<S>                                             <C>           <C>        <C>         <C>         <C>
HISTORICAL INFORMATION


EARNINGS:

Income (Loss) from Continuing
    Operations before Income Taxes              $(56.2)       $23.0      $17.7       $60.9       $104.6

Interest Expense (net of amount
    capitalized)                                  31.9         26.7       23.6        37.9         49.8

Amortization of Previously
    Capitalized Interest Expense                   0.2           --        0.4         0.4          0.4
                                                ------        -----      -----       -----       ------
    Total Earnings                              $(24.1)       $49.7      $41.7       $99.2       $154.8
                                                ======        =====      =====       =====       ======

FIXED CHARGES:

Interest Expense (net of amount
    capitalized)                                $ 31.9        $26.7      $23.6       $37.9       $ 49.8

Capitalized Interest                              11.2          7.4        0.9         0.6          1.5

    Total Fixed Charges Including               ------        -----      -----       -----       ------
      Capitalized Interest                      $ 43.1        $34.1      $24.5       $38.5       $ 51.3
                                                ======        =====      =====       =====       ======

Ratio of Earnings to Fixed Charges                 *            1.5x       1.7x        2.6x         3.0x
                                                ======        =====      =====       =====       ======
</TABLE>



*   For the year ended December 31, 1999, there was a deficiency of total
    earnings to fixed charges in the amount of $67.2 million.