alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §6758. Liability of the Association and the Board members, officers, and employees of the Association

#### (a) In general

The Association shall not be deemed to be an insurer or insurance producer within the meaning of any State law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance, including provisions imposing premium taxes, regulating insurer solvency or financial condition, establishing guaranty funds and levying assessments, or requiring claims settlement practices.

#### (b) Liability of Board members, officers, and employees

No Board member, officer, or employee of the Association shall be personally liable to any person for any action taken or omitted in good faith in any matter within the scope of their responsibilities in connection with the Association.

(Pub. L. 106–102, title III, §328, as added Pub. L. 114–1, title II, §202(a), Jan. 12, 2015, 129 Stat. 25.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to this section were contained in section 6761 of this title, prior to the general amendment of this subchapter by Pub. L. 114–1.

A prior section 6758, Pub. L. 106–102, title III, §328, Nov. 12, 1999, 113 Stat. 1427, related to bylaws, rules, and disciplinary action, prior to the general amendment of this subchapter by Pub. L. 114–1. See section 6755 of this title.
**EXHIBIT 31.1**
**CERTIFICATIONS**
I, J. William Freytag, certify that:
1. I have reviewed this quarterly report on Form 10-Q of Myogen, Inc.;
2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;
4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
a) designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this quarterly report is being prepared;
b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
c) disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and
5. The registrant’s other certifying officer and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors or (or persons performing the equivalent functions):
a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; and
b) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
Date: May 11, 2004 /s/ J. William Freytag J. William FreytagPresident, Chief Executive Officer and Chairman(Principal Executive Officer)
#### § 385.1103 Commencement of proceeding (Rule 1103).

A person commences a proceeding for an adjustment by filing a petition for adjustment with the Commission.
### §634a. Office of Advocacy within Small Business Administration; Chief Counsel for Advocacy

There is established within the Small Business Administration an Office of Advocacy. The management of the Office shall be vested in a Chief Counsel for Advocacy who shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.

(Pub. L. 94–305, title II, §201, June 4, 1976, 90 Stat. 668.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the Small Business Act which comprises this chapter.
(No. 32180.

#### The People of the State of Illinois, Defendant in Error, *vs.*William Lawson, Plaintiff in Error.

*Opinion filed January 24, 1952*

Rehearing *denied March 17, 1952.*

William Lawson, *pro se.*

Ivan A. Elliott, Attorney General, of Springfield, and John S. Boyle, State’s Attorney, of Chicago, (John T. Gallagher, Rudolph L. Janega, Arthur E. Manning, and William J. McGah, Jr., all of Chicago, of counsel,) for the People.

Mr. Justice Fulton

delivered the opinion of the court:

Plaintiff in error, William Lawson, appearing *pro se*in this court, was convicted in the criminal court of Cook County of the crime of robbery in manner and form as charged in the indictment. The indictment contained two counts; the first of which charged robbery while armed with a certain dangerous weapon, to-wit: a pistol, and the second, robbery, without alleging that the defendant was armed with a dangerous weapon.

A trial by jury was waived and the cause was tried before the court. After a hearing, the court found the plaintiff in error guilty of the crime of robbery in manner and form as charged in the indictment. He was then sen-*359fenced to the Illinois State Penitentiary for a term of not less than one year nor more than life. He brings the common-law record by writ of error to this court for review. It is his contention that, under the finding of the court, the sentence could only be for plain robbery and not for robbery while armed. In support of his contention, plaintiff in error cites the case of *People*v. *Seritella,*387 Ill. 390.

Plaintiff in error does not correctly cite the law as pronounced by this court in that opinion. We said in that case, “It is true that in that part of the judgment where he was sentenced, it also states: ‘Pete Seritella is guilty of the said crime of robbery in manner and form as charged in the indictment.’ However, where the record, properly before the court, otherwise sufficiently identifies the crime of which the accused was found guilty as robbery while armed, the statutory penalty for such crime will be read into the judgment.”

In the case of *People*v. *Giacomino,*347 Ill. 523, this exact question was passed upon. There, the indictment contained two counts; one of which charged robbery with a pistol and the other robbery without alleging the defendants were armed with any dangerous weapon. After overruling a motion for a new trial, the defendants were adjudged “guilty of said crime of robbery in manner and form as charged in the indictment.” Defendant was sentenced to the penitentiary for an indeterminate term of years, not less than one or for life, and the judgment in that case was sustained by this court.

There is further approval of this rule in *People*v. *Bailey,*391 Ill. 149, and *People*v. *Sheehan,*407 Ill. 545.

The judgment of the criminal court of Cook County is affirmed.

, , *Judgment affirmed.*
§ 202.114 Rule 14: Post-hearing procedure. ( a ) *Oral hearing.* Any party present or represented at an oral hearing, desiring to file any written argument or brief, proposed findings of fact, conclusions, and order, or statement of objections to rulings made by the presiding officer, must so inform the presiding officer at the oral hearing; upon being so informed, the presiding officer shall set a reasonable time for the filing of such documents, and state it on the record at the oral hearing.
( b ) *Written hearing.* After filing of the last evidence in a written hearing, notice shall be served on each party that such party may file, within 20 days after such service on such party, written argument of brief, proposed findings or fact, conclusions, and order.
( c ) *Service; delay in preparation of report.* If any such document is filed by any party, it shall be served on all other parties. The report shall not be prepared before expiration of such time for filing.
[43 FR 30510, July 14, 1978, as amended at 55 FR 41184, Oct. 10, 1990]
# C_2011152EN.01001301.xml

| 21.5.2011 | EN | Official Journal of the European Union | C 152/13 |
| --- | --- | --- | --- |

21.5.2011

EN

Official Journal of the European Union

C 152/13

---

Reference for a preliminary ruling from the Hoge Raad der Nederlanden (Netherlands), lodged on 7 March 2011 — Staatssecretaris van Financiën v U. Notermans-Boddenberg

(Case C-114/11)

2011/C 152/22

Language of the case: Dutch

Referring court

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Parties to the main proceedings

Appellant: Staatssecretaris van Financiën

Appellant:

Respondent: U. Notermans-Boddenberg

Respondent:

Question referred

Question referred

In the light of Article 39 EC (now Article 45 TFEU) or of Article 18 EC (now Article 21 TFEU), does Community law govern a situation in which a Member State subjects a resident of that Member State, on the basis of commencement of use by that person’s car of the road network in the territory of that Member State, to a tax in a case where:

| — | that car is registered in another Member State, |
| --- | --- |

—

that car is registered in another Member State,

| — | that car formed part of the movable property imported on transfer of residence by that resident who, while retaining his nationality, has transferred his residence from that other Member State, and |
| --- | --- |

—

that car formed part of the movable property imported on transfer of residence by that resident who, while retaining his nationality, has transferred his residence from that other Member State, and

| — | that car has been used by that resident in the same way since the transfer of residence as before the transfer of residence, that is to say, for private purposes and also for travelling to his place of work in the Member State in which he previously resided? |
| --- | --- |

—

that car has been used by that resident in the same way since the transfer of residence as before the transfer of residence, that is to say, for private purposes and also for travelling to his place of work in the Member State in which he previously resided?

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<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>                                          47,169<F1>
<SECURITIES>                                         0
<RECEIVABLES>                                    4,858<F2>
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 490,988
<CURRENT-LIABILITIES>                                0
<BONDS>                                        161,111<F3>
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           210
<OTHER-SE>                                     313,603
<TOTAL-LIABILITY-AND-EQUITY>                   490,988
<SALES>                                              0
<TOTAL-REVENUES>                                19,549
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                10,349
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,640
<INCOME-PRETAX>                                  6,683
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              6,683
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                   (12)
<CHANGES>                                            0
<NET-INCOME>                                     6,671
<EPS-BASIC>                                        .32
<EPS-DILUTED>                                      .32
<FN>
<F1>INCLUDES RESTRICTED CASH OF $253
<F2>INCLUDES DEFERRED RENT RECEIVABLE OF $1,115
<F3>INCLUDES NOTE PAYABLE-INTERIM FINANCING OF $130,000
</FN>


</TABLE>
ex-10.1

 

 

 PROMISSORY NOTE
 

 

  February 10, 2016
 

 FOR VALUE RECEIVED, Oaxaca Resources Corp., a Nevada Corporation, promises to pay John Edward Cooper, on or before December 31, 2018, the amount of Two Thousand Five Hundred Dollars ($2,500.00) in the currency of the United States, plus simple interest on the principal amount of this Promissory Note accrued at a rate of 6% per annum.
 

 

 Time shall be the essence of this Promissory Note.
 

 This Promissory Note shall be governed by and constituted in accordance with the laws of the State of Nevada.
 

 

 OAXACA RESOURCES CORP.
 

 

 Per  /s/ Michael Gilliland
      Michael Gilliland, Pres., CEO, CFO
#### STATE OF NORTH CAROLINA v. TIMOTHY DION YELLOCK, Defendant/ Appellant

No. 9115SC273

(Filed 7 July 1992)

Appeal by defendant from Judgments entered 8 August 1990 by *Judge J. B. Allen, Jr.,*in ALAMANCE County Superior Court. Heard in the Court of Appeals 9 January 1992.

*Attorney General Lacy H. Thornburg, by Associate Attorney General W. W. Finlator, Jr., for the State.*

*Douglas R. Hoy for defendant appellant.*

COZORT, Judge.

Defendant Timothy Dion Yellock was convicted of first-degree rape and first-degree kidnapping. The court entered judgments sentencing defendant to concurrent terms of life imprisonment for first-degree rape and 12 years for first-degree kidnapping. Defendant appealed and alleged the following: (1) the trial court erred in continuing the jury selection process to fill one remaining jury seat when the sheriff was able to serve only four jury subpoenas of the 50 additional names randomly drawn; (2) the trial court erred in permitting the State to use its peremptory challenges to excuse black jurors; (3) the trial court committed prejudicial error in finding two jurors had not discussed the case and in permitting them to serve as jurors; (4) the trial court erred in admitting into evidence a timecard of the victim’s ex-boyfriend; and (5) the trial court erred in refusing to dismiss the first-degree rape and first-degree kidnapping charges for insufficiency of the evidence.

The facts of this case and evidence presented at trial are explained fully in *State v. Mebane*and *State v. Wright,*No. 9115SC288 (filed this same date). In the *Mebane*and *Wright*opinion, we addressed the identical issues defendant Yellock raises in this appeal. We found no prejudicial error as to Mebane and Wright in that case, and we apply the same reasoning to the issues in the present case. Therefore, for the reasons stated in *State v. Mebane,*No. 9115SC288, (filed this date), we find

No error.

Judges Eagles and ORR concur.
§ 341.15 Long and short haul or aggregate of intermediate rates. ( a ) *Requests for relief from section 4.* Carriers may file requests for relief from the provisions of section 4 of the Interstate Commerce Act in order to charge a greater amount for a shorter distance over the same line or route in the same direction, or to charge greater compensation as a through rate than the aggregate of the intermediate rates. Such request will be deemed granted unless the Commission denies the request within 30 days of the filing.
( b ) *Information required to be filed.* A request for section 4 relief must contain the following information: ( 1 ) The names of the carriers for which the relief is being requested.
( 2 ) The FERC tariff numbers which contain the rates or charges referred to in the application, and identification of all the particular and related rates in question delineating origin and destination points.
( 3 ) An accurate and complete statement giving the basis and reasoning why section 4 relief is necessary.
( 4 ) A statement that the lower rates for longer than for shorter hauls over the same line or route are reasonably compensatory.
( 5 ) A map showing the pipelines and origin and destination points in question and other pertinent information.
( c ) *Filing tariff publications concurrent with application.* Applications for section 4 relief must be filed concurrently with the tariff publication filing establishing those rates. The transmittal letter must identify the filing as requesting section 4 relief.
( d ) *Tariff statement.* Tariff publications filed containing such rates shall plainly state on the title page of the tariff publication that the rates contained therein contravene section 4 of the Interstate Commerce Act.
( e ) *Rounding through rates.* When a carrier aggregates intermediate rates to make up through rates, it may round the resulting through rate to the nearest 0.5 whole cent.
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I, Dana S. Philbrook, hereby certify that: 

 

(1)    I have reviewed this quarterly report on Form 10-QSB of Service Bancorp, Inc.; 

 

(2)    Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit tostate 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 quarterly report; 

 

(3)    Based on my knowledge, the financial statements, and otherfinancial information included in this quarterly 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 quarterlyreport; 

 

(4)    The small business issuer’s othercertifying officer 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 we 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 thoseentities, particularly during the period in which this quarterly report is being prepared; 

 

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

 

c)    Disclosed in this quarterly report any change in the small business issuer’s internal control over financial reporting thatoccurred during the small business issuer’s first fiscal quarter 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 registrant’s othercertifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the small business issuer’s auditors and the audit committee of the board of directors (or persons fulfilling theequivalent functions): 

 

a)    Allsignificant 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 andreport 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 controls over financial reporting. 

 

/S/ DANA S. PHILBROOK                                        

Dana S. Philbrook 

Chief Financial Officer 

November 13, 2003
### §6607. Pleading requirements

#### (a) Application with rules of civil procedure

This section applies exclusively to Y2K actions and, except to the extent that this section requires additional information to be contained in or attached to pleadings, nothing in this section is intended to amend or otherwise supersede applicable rules of Federal or State civil procedure.

#### (b) Nature and amount of damages

In all Y2K actions in which damages are requested, there shall be filed with the complaint a statement of specific information as to the nature and amount of each element of damages and the factual basis for the damages calculation.

#### (c) Material defects

In any Y2K action in which the plaintiff alleges that there is a material defect in a product or service, there shall be filed with the complaint a statement of specific information regarding the manifestations of the material defects and the facts supporting a conclusion that the defects are material.

#### (d) Required state of mind

In any Y2K action in which a claim is asserted on which the plaintiff may prevail only on proof that the defendant acted with a particular state of mind, there shall be filed with the complaint, with respect to each element of that claim, a statement of the facts giving rise to a strong inference that the defendant acted with the required state of mind.

(Pub. L. 106–37, §8, July 20, 1999, 113 Stat. 198.)

#### **Editorial Notes**

#### References in Text

Rules of Federal civil procedure, referred to in subsec. (a), are contained in the Federal Rules of Civil Procedure which are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.