alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David Lubash, appellant, v. Brian L. Langemeier et al., appellees. Rodney Newill, a minor, by and through Mrs. Helen Newill, his mother and next friend, appellant, v. Brian L. Langemeier et al., appellees.

227 N. W. 2d 405

Filed March 27, 1975.

Nos. 39648, 39649.

*372Ronald H. Stave, David A. Johnson, and Emil F. Sodoro, for appellants.

Ray C. Simmons, for appellees.

Heard before Spencer, McCown, and Newton, JJ., Hamilton, District Judge, and Kuns, Retired District Judge.

Spencer, J.

Plaintiffs brought these actions for the recovery of damages for personal injuries sustained while riding as guests in a truck owned by defendant Leon E. Langemeier and operated by his son Brian L. Langemeier. The petitions of the plaintiffs contained one cause of action alleging ordinary negligence against both defendants, raising the constitutionality of the guest statute, section 39-740, R. R. S. 1943. The sole issue presented in this appeal is the refusal of the trial court to submit the issue of ordinary negligence of the defendants to the jury and to instruct the jury accordingly. We affirm.

In Botsch v. Reisdorff, *ante*p. 165, 226 N. W. 2d 121, filed February 18, 1975, we reiterated our previous holding that the guest statute does not violate the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, nor any provision of the Constitution of the State of Nebraska. That case is decisive of the issue raised herein.

The judgment is affirmed.

Affirmed.
EXHIBIT 32.1


           CERTIFICATIONS PURSUANT TO SECURITIES EXCHANGE ACT OF 1934
                         RULE 13a-14(b) OR 15d-14(b) AND
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection  with the quarterly  report of Lexington  Resources  (the
"Company")  on Form 10-QSB for quarter  ended March 31, 2005,  as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  Grant R.
Atkins,  Chief  Executive  Officer  of the  Company,  and Vaughn  Barbon,  Chief
Financial  Officer of the Company,  each  certifies for the purpose of complying
with Rule  13a-14(b) or Rule  15d-14(b) of the  Securities  Exchange Act of 1934
(the  "Exchange  Act") and Section  1350 of Chapter 63 of Title 18 of the United
States Code, that:

         1.    the Report fully complies with the  requirements of Section 13(a)
               or 15(d) of the Exchange Act; and
         2.    the information  contained in the Report fairly presents,  in all
               material  respects,   the  financial  condition  and  results  of
               operations of the Company.




Dated: May 13, 2005                       By:  /s/ Grant R. Atkins
                                          --------------------------------
                                          Grant R. Atkins, Chief Executive
                                          Officer


Dated: May 13, 2005                       By:  /s/ Vaughn Barbon
                                          --------------------------------
                                          Vaughn Barbon, Chief Financial
                                          Officer
# **EXHIBIT 32.1**

# ** **

**CERTIFICATION OF PERIODIC FINANCIAL REPORTS**

 

Pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of The Doe Run Resources Corporation (the ‘‘Company’’),does hereby certify that:

 

Thequarterly report on Form 10-Q for the quarter ended July 31, 2005, ofthe Company as filed with the Securities and Exchange Commission on the datehereof, fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, and information contained in the quarterlyreport on Form 10-Q fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 

Date: September 14,2005

 

 
| By: | /s/ Jeffrey L. Zelms |   |
|-----|----------------------|--------|

Jeffrey L. Zelms

President & ChiefExecutive Officer

 

----
Exhibit 32.2

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 Quarterly Report of Avalon Holdings Corporation on Form 10-Q for the period ending September 30, 2010 as filed with the Securities and Exchange Commission on the date hereof
(the Report), I, Timothy C. Coxson, Chief Financial Officer of Avalon Holdings Corporation, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (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 Avalon Holdings Corporation.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Timothy C. Coxson  
|Timothy C. Coxson      
|Chief Financial Officer
|November 11, 2010
§ 601.19 Context, intensity, and significance of impacts. ( a ) As required by 40 CFR 1508.27(a) and (b), NCPC's determination of whether an EIS is required and whether impacts are significant shall be made with consideration to the context and intensity of the impacts associated with a proposed action.
( b ) The significance of an action is determined in the context of its effects on society as a whole, the National Capital Region and its Environs, the particular interests affected, and the specific locality or area within which the proposed action is located. The context will vary from project to project and will be based on the type, attributes, and characteristics of a particular proposal.
( c ) The significance of an action is also determined based on the severity of impacts imposed by the proposal. Severity shall be determined based on an evaluation of a proposal in the manner outlined in 40 CFR 1508.27(b)(1) through (10). The evaluation shall also be informed by the relevant policies of “The Comprehensive Plan for the National Capital: Federal Elements” and other applicable Commission plans and programs. Proposed actions that conflict with or delay achievement of the goals and objectives of Commission plans and programs are generally more likely to be found to have significant impacts than proposals that are consistent with Commission plans and programs.
( d ) Proposed actions shall also be deemed significant and require an EIS if they exhibit at least one of the following characteristics: ( 1 ) The proposed action results in a substantial change to the Monumental Core.
( 2 ) The proposed action causes substantial alteration to the important historical, cultural, and natural features of the National Capital and its Environs.
( 3 ) The proposed action is likely to be controversial because of its impacts on the human environment.
### §129b. Authority to procure personal services

(a) Authority.—Subject to subsection (b), the Secretary of Defense and the Secretaries of the military departments may—

(1) procure the services of experts or consultants (or of organizations of experts or consultants) in accordance with section 3109 of title 5; and

(2) pay in connection with such services travel expenses of individuals, including transportation and per diem in lieu of subsistence while such individuals are traveling from their homes or places of business to official duty stations and return as may be authorized by law.

(b) Conditions.—The services of experts or consultants (or organizations thereof) may be procured under subsection (a) only if the Secretary of Defense or the Secretary of the military department concerned, as the case may be, determines that—

(1) the procurement of such services is advantageous to the United States; and

(2) such services cannot adequately be provided by the Department of Defense.

(c) Regulations.—Procurement of the services of experts and consultants (or organizations thereof) under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense.

(d) Additional Authority for Personal Services Contracts.—(1) In addition to the authority provided under subsection (a), the Secretary of Defense may enter into personal services contracts if the personal services—

(A) are to be provided by individuals outside the United States, regardless of their nationality, and are determined by the Secretary to be necessary and appropriate for supporting the activities and programs of the Department of Defense outside the United States;

(B) directly support the mission of a defense intelligence component or counter-intelligence organization of the Department of Defense; or

(C) directly support the mission of the special operations command of the Department of Defense.

(2) The contracting officer for a personal services contract under this subsection shall be responsible for ensuring that—

(A) the services to be procured are urgent or unique; and

(B) it would not be practicable for the Department to obtain such services by other means.

(3) The requirements of section 3109 of title 5 shall not apply to a contract entered into under this subsection.

(Added Pub. L. 101–510, div. A, title XIV, §1481(b)(1), Nov. 5, 1990, 104 Stat. 1704; amended Pub. L. 102–190, div. A, title X, §1061(a)(2), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 108–136, div. A, title VIII, §841(a), (b)(1), Nov. 24, 2003, 117 Stat. 1552.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 101–165, title IX, §9002, Nov. 21, 1989, 103 Stat. 1129, which was set out as a note under section 2241 of this title, prior to repeal by Pub. L. 101–510, §1481(b)(3).

#### Amendments

2003—Pub. L. 108–136, §841(b)(1), substituted "Authority to procure personal services" for "Experts and consultants: authority to procure services of" in section catchline.

Subsec. (d). Pub. L. 108–136, §841(a), added subsec. (d).

1991—Pub. L. 102–190 inserted "of" after "services" in section catchline.
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION ONE

STATE OF WASHINGTON, ) No. 80303

- 4

- I

)

Respondent, )

)

v. ) UNPUBLISHED OPINION

)

LISA CHRISTINE TAUSE

, )

)

Appellant. )

P ER C URIAM

— Lisa Tause appeals her felony conviction for violation of a

no

- contact order. She conte nds, and the State concedes, that the information was

constitutionally insufficient because it failed to include an essen tial element of the offense

,

namely that Tause “willfully” violated the protection order. 1 We accept the State's

concession and reverse and dismiss Tause’s conviction without prejudice

. We decline to

address Tause’s remaining claims as they are now moot.

Reversed and dismissed without prejudice

.

FOR THE COURT:

1 State v. Clowes , 104 Wn. App. 935, 944, 18 P.3d 596 (2001), disapproved of on other

grounds by State v. Nonog , 169 Wn.2d 220, 237 P.3d 250 (2010).
Exhibit 31.1


Rule 13a-14(a)/15d-14(a) Certification





I, James Darrell Thomas, certify that:





|   |                                                                                                                                                                                                                                          
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Harley-Davidson Motorcycle Trust 2011-2 (the “Exchange Act periodic reports”);




2.    Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;





4.   I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance reviews conducted in preparing the servicer compliance statement required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and





5.    All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report.  Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.





In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party: The Bank of New York Mellon Trust Company, N.A.





HARLEY-DAVIDSON MOTORCYCLE TRUST 2011-2By:Harley-Davidson Credit Corp.,as ServicerBy:/s/ James Darrell ThomasJames Darrell ThomasVice President, Treasurer and Assistant Secretary    (senior officer in charge of the servicing function)March 25, 2015
### Geology of the San Juan metropolitan area, Puerto Rico

By: C. A. Kaye

                            https://doi.org/10.3133/pp317A

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plates:                               - **Plate 1**                            (pdf)
  - **Plate 2**                            (pdf)
  - **Plate 10**                            (pdf)
  - **Plate 11**                            (pdf)
  - **Plate 12**                            (pdf) 
- NGMDB Index Page:  **National Geologic Map Database Index Page**
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

No abstract available.

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
meec_1023.htm

EXHIBIT 10.23
  
 CONVERSION NOTICE
  
 The undersigned irrevocably exercises the option to convert U.S $_________________ principal amount of the 10.0% Convertible Promissory Note (the “Note”) of Midwest Energy Emissions Corp. (the “Company”) registered in the name of the undersigned into common stock, par value $.001 per share, of the Company in accordance with the terms of the Note and directs that the securities issuable upon conversion be issued and delivered to the undersigned.
  
 	 Dated: ________________
	  
	  
	  

		  
	 Print Name of Holder
	  

	  
	  
	  
	  

	  
	  
	 Signature and title (if applicable)
### §1213. Effect of separation on benefits and claims

Unless a person who has received disability severance pay again becomes a member of an armed force, the National Oceanic and Atmospheric Administration, or the Public Health Service, he is not entitled to any payment from the armed force from which he was separated for, or arising out of, his service before separation, under any law administered by one of those services or for it by another of those services. However, this section does not prohibit the payment of money to a person who has received disability severance pay, if the money was due him on the date of his separation or if a claim by him is allowed under any law.

(Aug. 10, 1956, ch. 1041, 70A Stat. 99; Pub. L. 89–718, §8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–513, title V, §511(44), Dec. 12, 1980, 94 Stat. 2924.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1213 | 37:280. | Oct. 12, 1949, ch. 681, §410, 63 Stat. 823. |

The words "a person who has received disability severance pay" are substituted for the words "Any former member who has been separated for physical disability from any of the uniformed services and paid disability severance pay". The words "any payment * * * for" are substituted for the words "for any monetary obligation provided under any provision * * * on account of". The words "this section does not prohibit" are substituted for the words "shall not operate to bar". The words "the payment of money to * * * if the money was due him" are substituted for the words "from receiving or the service concerned from paying any moneys due and payable". The words "valid", "processed", and "pursuant to any provisions of law" are omitted as surplusage.

#### **Editorial Notes**

#### Amendments

1980—Pub. L. 96–513 substituted "National Oceanic and Atmospheric Administration" for "Environmental Science Services Administration".

1966—Pub. L. 89–718 substituted "Environmental Science Services Administration" for "Coast and Geodetic Survey".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.

#### Repeals

The directory language of, but not the amendment made by, Pub. L. 89–718, §8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to this section, was repealed by Pub. L. 97–295, §6(b), Oct. 12, 1982, 96 Stat. 1314.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of Public Health Service, see note set out under section 802 of this title.
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
 By Notice dated October 19, 2010, and published in the 
                    **Federal Register**
                     on October 26, 2010, 75 FR 65659, Cedarburg Pharmaceuticals, Inc., 870 Badger Circle, Grafton, Wisconsin 53024, made application by renewal to the Drug Enforcement Administration (DEA) to be registered as a bulk manufacturer of the following basic classes of controlled substances: Drug
ScheduleTetrahydrocannabinols (7370)
IDihydromorphine (9145)
IDihydrocodeine (9120)
IIOxycodone (9143)
IIHydromorphone (9150)
IIHydrocodone (9193)
IIRemifentanil (9739)
IISufentanil (9740)
IIFentanyl (9801)
II
 The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. No comments or objections have been received. DEA has considered the factors in 21 U.S.C. 823(a) and determined that the registration of Cedarburg Pharmaceuticals, Inc. to manufacture the listed basic classes of controlled substances is consistent with the public interest at this time. DEA has investigated Cedarburg Pharmaceuticals, Inc. to ensure that the company's registration is consistent with the public interest. The investigation has included inspection and testing of the company's physical security systems, verification of the company's compliance with state and local laws, and a review of the company's background and history. Therefore, pursuant to 21 U.S.C. 823(a), and in accordance with 21 CFR 1301.33, the above named company is granted 
                    ( print page 8778)
                    registration as a bulk manufacturer of the basic classes of controlled substances listed. Dated: February 4, 2011. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. 2011-3406 Filed 2-14-11; 8:45 am] BILLING CODE 4410-09-P
#### § 5.6 Daily publication.

There shall be an edition of the Federal Register published for each official Federal working day.

[54 FR 9676, Mar. 7, 1989]
EXHIBIT 32.2



Statement of Chief Financial Officer 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 Quarterly Report on Form 10-Q/A of Knight Capital Group, Inc. (the Company) for the quarter ended March 31, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the Report), John B. Howard, as Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the best of 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/ JOHN B. HOWARDName:

John B. HowardTitle:

Chief Financial OfficerDate:

August 8, 2005




This
certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the
Securities Exchange Act of 1934, as amended.
### §10106. Army National Guard: when a component of the Army

The Army National Guard while in the service of the United States is a component of the Army.

(Added Pub. L. 103–337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2970.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 3078 of this title, prior to repeal by Pub. L. 103–337, §1661(a)(3)(A).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.