alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### 135 West 36th LLC et al., Respondents, v World City America Inc. et al., Defendants, and Charles Gallagher et al., Appellants.

[824 NYS2d 265]

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered October 11, 2005, which, inter alia, granted plaintiffs’ motion for summary judgment, and denied defendants’ cross motion for summary judgment, disqualification of plaintiffs’ attorney and sanctions, unanimously affirmed, with costs.

The subject agreements clearly contemplate one $350,000 payment as urged by plaintiffs, not two as urged by defendants. Even if an ambiguity in this regard were created by the differences in the payees in the two agreements, parol evidence shows that defendants’ attorney expressly acknowledged defendants’ indebtedness, and that it was only after the action was commenced that defendants claimed that they mistakenly believed that two separate payments of $350,000 had been made. Defendants’ claim that one of them was unethically contacted by plaintiffs’ attorney should be addressed in the first instance to the Disciplinary Committee. If there were a disciplinary violation, the likely remedies, suppression of the alleged conversations and the attorney’s disqualification *(see Matter of Weinberg,*129 AD2d 126 [1987], *rearg denied*132 AD2d 190 [1987], *lv dismissed*71 NY2d 994 [1988]), would have no effect on the finding that the agreements, as a matter of law, call for only one $350,000 payment. Defendants’ request that certain language in the motion court’s oral decision be stricken from the record should be addressed in the first instance to the motion court. To the extent defendants argue that the death of one them, after the order on appeal was settled and signed but before it was filed, rendered entry of the order null and void, the argument lacks merit (CFLR 5016 [d]). To the extent defendants challenge the validity of other proceedings taken after such death *318and before appointment of an executor, it is not clear what proceedings were taken. The only order before the Court is that on appeal. Concur—Buckley, EJ., Mazzarelli, Nardelh, Catterson and Malone, JJ.
EXHIBIT 32.1 

CERTIFICATION PURSUANTTO 

18 U.S.C. SECTION 1350, 

AS ADOPTED PURSUANT TO 

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002 

In connection with the QuarterlyReport of WOM, Inc. (the “Company”) on Form 10-QSB for the quarter ended September 30,2005 as filed with the Securities and Exchange Commission on the date hereof (the“Report”), Frederic M. Zinn, the principal executive officer and principalfinancial officer, certifies pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss.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 result of operations of the Company. 

Dated: November 11, 2005
#### Gadsden *v.*The State.

July 13, 1910.

Indictment for murder. Before Judge Charlton. Chatham superior court.

April 18, 1910.

*Shelby Myrick,*for plaintiff in error.

*John C. Hart, attorney-general, W. C. Hartridge, solicitor-general,*and *P. W. Meldrim,*contra.

Lumpkin, J.

1. Where the evidence as a whole presented not only the theories of murder, or accidental killing with no evil design or intention or culpable neglect, but also of involuntary manslaughter in the commission of a lawful act without due caution and circumspection, it was error to charge the jury that involuntary manslaughter had nothing to do with the case, and to confine their consideration to the first two theories.

2. If an involuntary killing happens in the commission of an unlawful act which, in its consequences, naturally tends to destroy the life of a human being, the offense is murder. Penal Code, § 67.

*Judgment reversed.*

*All the Justices concur.*
§ 367.3950 Account 395, Laboratory equipment. ( a ) This account must include the cost installed of laboratory equipment used for general laboratory purposes.
( b ) This account must include the following items: ( 1 ) Ammeters.
( 2 ) Balances and scales.
( 3 ) Barometers.
( 4 ) Calorimeters-bomb, flow, recording types, and other similar items.
( 5 ) Current batteries.
( 6 ) Electric furnaces.
( 7 ) Frequency changers.
( 8 ) Galvanometers.
( 9 ) Gas burning equipment.
( 10 ) Gauges.
( 11 ) Glassware, beakers, burettes, and other similar items.
( 12 ) Humidity testing apparatus.
( 13 ) Inductometers.
( 14 ) Laboratory hoods.
( 15 ) Laboratory standard millivolt meters.
( 16 ) Laboratory standard volt meters.
( 17 ) Laboratory tables and cabinets.
( 18 ) Meter-testing equipment.
( 19 ) Millivolt meters.
( 20 ) Motor generator sets.
( 21 ) Muffles.
( 22 ) Oil analysis apparatus.
( 23 ) Panels.
( 24 ) Phantom loads.
( 25 ) Piping.
( 26 ) Portable graphic ammeters, voltmeters, and wattmeters.
( 27 ) Portable loading devices.
( 28 ) Potential batteries.
( 29 ) Potentiometers.
( 30 ) Rotating standards.
( 31 ) Specific gravity apparatus.
( 32 ) Standard bottles for meter prover testing.
( 33 ) Standard cell, reactance, resistor, and shunt.
( 34 ) Stills.
( 35 ) Sulphur and ammonia apparatus.
( 36 ) Switchboards.
( 37 ) Synchronous timers.
( 38 ) Tar analysis apparatus.
( 39 ) Testing panels.
( 40 ) Testing resistors.
( 41 ) Thermometers—indicating and recording.
( 42 ) Transformers.
( 43 ) Voltmeters.
( 44 ) Other testing, laboratory, or research equipment not provided for elsewhere.
( 45 ) Other items of equipment for testing gas, fuel, flue gas, water, residuals, and other similar items.
EXHIBIT  10.1(a)

                                 PROMISSORY NOTE


$100,000.00

For Value Received, Sharp Technology, Inc. (maker), promises to pay to the order
of  Gilbert  Gertner (Payee), at 1300 Post Oak Blvd., Suite 2222, Houston, Texas
77056,  or  such  other  address  as may be designated by the holder hereof, the
principle  sum  of  One Hundred Thousand Dollars ($100,000.00) together with the
interest  at  the  rate  of  10%  per  annumPayment  shall  be  due  on demand.

Whenever  used  herein, the words "maker" and "payee" shall be deemed to include
their  respective  heirs,  personal  representatives,  successors  and  assigns.

The  maker  hereof  and  all parties who at the time may be liable hereon in any
capacity,  jointly  and  severally,  waive  presentment for payment, protest and
notice  of  dishonor  of  this  note.

This  note  is  executed  and  delivered  and  payable in the State of Texas and
construed  in  accordance  with  the  Laws  of  the  State  of  Texas.


Sharp  Technology,  Inc.


/s/  George  T.  Sharp
-----------------------------
George  T.  Sharp,  President

Date:  March 1, 2001


<PAGE>
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#### Jayne O. Cox, Suing on Behalf of Herself and Stockholders of the Knickerbocker Electrotype Company, Similarly Situated, Appellant, v. Augustus Davis et al., Respondents.

No opinion. Present — Martin, P. J., TJntermyer, Dore, Cohn and Callahan, JJ.
EXHIBIT 32.2
 CERTIFICATION OF THE CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Quarterly Report on Form 10-Q for the quarterly period ended September 27,
2008 of the Company, as filed with the Securities and Exchange Commission on the date
hereof (the Report), fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
  /s/ Deborah H. MerrillDeborah H. MerrillVice President, Chief Financial
Officer
and Treasurer  24
#### Brandon & Company *v.*Akers.

Holden, J.

1. Under the ruling in *McElveen Commission Co. v. Jackson,*94 *Ca.*549 (4), “It is not cause for a new trial that the court refused to dismiss the action on motion of defendant, the ground, of the motion being that the suit was against a partnership composed of two persons, only one of whom had been served, and there was no return of service or of non est inventus as to the other. This is true whether the cases of *Printup*v. *Turner,*65 *Ga.*71, and *Ells*v. *Bone,*71 *Ga.*466, were correctly ruled or not.”

2. Suit was brought against a partnership alleged to have been composed of two named persons of the county in which suit was brought. Service appears to have been made on only one of them, and there was no return of service or of non est inventus as to the other, who did not appear and plead. A plea in abatement was duly filed at the first term by the defendant who was served, averring that the other defendant had not been served and was within the jurisdiction of the court and could be reached and served. *Reid: (a)*The decision of the court in “overruling” such plea of the defendant can not be made the ground of a motion for a new trial. *Hawkins*v. *Studdard,*132 *Ga.*265 (63 S. E. *79852). (b) Where it appears from statements in the motion for a new trial, certified to be true by the presiding judge, that the court made the ruling above referred to, it is not a good ground of a motion for new trial that the court, after such ruling, omitted to charge in regard to the matters embraced in such plea. If any error was committed upon the trial (in which other issues made by the pleadings and evidence were submitted to the jury), it was in the decision “overruling” the plea, and not in omitting to charge the jury, after the decision “overruling” the plea, in regard to the matters embraced in such plea. *Ellis*v. *Almand,*115 *Ga.*333 (2), (41 S. E. 642).

February 21, 1910.

Complaint. Before Judge Boan. Boekdale superior court.

July *29,*1908.

*A. O. & J. II. McOdlla,*for plaintiffs in error.

*John B. Irwin,*contra.

3. A direct assignment of error upon a ruling made during the progress of a trial comes too late if for the first time presented in a bill of exceptions sued out more than thirty days after the adjournment of the term at which such ruling was made. *Heery*v. *Burkhalter,*113 *Ga.*1043 (39 S. E. 406).

4. The verdict was supported by the evidence, and the discretion of the court was not abused in refusing a new trial.

*Judgment affirmed.*

*All the Justices concur.*
### **CHAPTER 92—FOREST LANDSCAPE RESTORATION**

Sec.
7301.
Purpose.
7302.
Definitions.
7303.
Collaborative Forest Landscape Restoration Program.
7304.
Authorization of appropriations.
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                          -  Acora Surety & Insurance ServicesPhone888-294-6747Emailkatie@goldleafsurety.com 
                          -  Advantage Business Insurance ServicesPhone714-947-1248Emailjohnw@advantageins.net 
                          -  Alamo Surety BondsPhone210-930-5550Emailjim@alamobonds.com 
                          -  Allstar Surety Company, Inc.Phone303-694-4404Emailstauger@allstarfg.com 
                          -  American Contracting Services, Inc.Phone513-493-0944Emailtbalzano@acsbonds.com 
                          -  American Surety Bonds Agency, LLCPhone404-486-2355Emailsnewberry@suretybondsagency.com 
                          -  Anderson & Catania Surety Services, LLCPhone610-400-8277Emailbondrequest@acsurety.com 
                          -  Arthur J. Gallagher Risk Management Services, Inc.Phone860-418-5322Emailgreg_atencio@ajg.com 
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                          -  AssuredPartners of Minnesota, LLC/AP SuretyPhone651-342-1480Emailnick.newton@assuredpartners.com 
                          -  AssuredPartners of Texas dba Baldwin-Cox AllenPhone972-644-2688Emailruss@baldwinagency.com 
                          -  Axcess Surety LLCPhone913-318-4955Emailgary@axcess-surety.com 

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Oxbow

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Ming Bar

Jackson

Peak

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Mountain

Hilger

Valley

Holter

Lake

Missouri

River

Sheep

Creek

West

Sheep

Creek

Rose

Gulch

Gulch

Falls

Beartooth

Creek

Sheep

Creek

Levings

Gulch

Gulch

Bear

Little Creek

Log

Gulch

Beartoo

Wildlif

Managemen

Departure

Point

Log

Gulch

BeartoothLanding

Sleeping Giant

Trailhead

Sleeping GiantHorse Trailhead

Spring CreekExit 209

Township 14 North

Township 13 North

Range 4 West

Range 3 West

1

36 31

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Range 4 West

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Township 14 No

Township 13 No

1

36

Sheep Creek

Wilderness Study Area

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Wilderness Study Area

5343 ft.

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4089 ft.

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46

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6048 ft.

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5051 ft.

4852 ft.

Chevallier

Drive

Woodsiding

Road

Powerline

Road

Woodsiding

Rd

Woodsiding Road

Bear Gulch

Beartooth

Road
§ 115.15 Limits to cross-gender viewing and searches. ( a ) The facility shall not conduct cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners.
( b ) As of August 20, 2015, or August 21, 2017 for a facility whose rated capacity does not exceed 50 inmates, the facility shall not permit cross-gender pat-down searches of female inmates, absent exigent circumstances. Facilities shall not restrict female inmates' access to regularly available programming or other out-of-cell opportunities in order to comply with this provision.
( c ) The facility shall document all cross-gender strip searches and cross-gender visual body cavity searches, and shall document all cross-gender pat-down searches of female inmates.
( d ) The facility shall implement policies and procedures that enable inmates to shower, perform bodily functions, and change clothing without nonmedical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine cell checks. Such policies and procedures shall require staff of the opposite gender to announce their presence when entering an inmate housing unit.
( e ) The facility shall not search or physically examine a transgender or intersex inmate for the sole purpose of determining the inmate's genital status. If the inmate's genital status is unknown, it may be determined during conversations with the inmate, by reviewing medical records, or, if necessary, by learning that information as part of a broader medical examination conducted in private by a medical practitioner.
( f ) The agency shall train security staff in how to conduct cross-gender pat-down searches, and searches of transgender and intersex inmates, in a professional and respectful manner, and in the least intrusive manner possible, consistent with security needs.
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 Energy

###### Federal Energy Regulatory Commission

          - [P-13123-002-CA]

                    a.                     *Date and Time of Meeting:*                     Friday, April 15, 2011 at 9 a.m. (Pacific Time).                

                    b.                     *Place:*                     By copy of this notice we are inviting all interested parties to attend a teleconference from their location.                

                    c.                     *FERC Contact:*                     Kenneth Hogan, (202) 502-8434:                     *Kenneth.Hogan@ferc.gov.*

                    d.                     *Purpose of the Meeting:*                     Commission staff will be meeting with the staff of the U.S. Fish and Wildlife Service and Eagle Crest Energy as part of its on-going Section 7 Endangered Species Act consultation efforts.                

                    e. All local, state, and federal agencies, tribes, and interested parties, are hereby invited to listen in on the teleconference. The phone number and passcode to the teleconference will be provided upon a request made by interested parties. Please make that request to Ms. Ginger Gillian, representative of Eagle Crest Energy, via e-mail at:                     *ggillin@geiconsultants.com;*                     or via telephone at: 503-697-1478. All requests for the teleconference phone number and passcode must be made no later than 3 p.m. (Pacific Time), Wednesday, April 13, 2011.                

      ( print page 15972)    
Dated: March 15, 2011.

Kimberly D. Bose,

Secretary.

[FR Doc. 2011-6615 Filed 3-21-11; 8:45 am]

BILLING CODE 6717-01-P
#### Henry B. Funk *v.*Joseph J. Ironmonger.

1. *Abatement—defendant sued out of Ms county.*Under the statute in force in April, 1873, a plea in abatement to a suit brought in Morgan county, where the defendant was served in Macon county, which contains no averment that he was not a resident of Morgan county, or that the contract was not made therein, is bad on demurrer.

3. Summons to bobeign *county—what lorn governs.*Where a suit was brought before the Practice act of 1872 took effect, the law in force at the time the suit was brought was held to govern as to the right to send summons to another county for service.

Writ op,Error to the Circuit Court of Morgan *county;*the Hon. Cyrus Epi.ee, Judge, presiding.

This was an action of assumpsit, by Joseph J. Ironmonger, against Henry B. Funk. The suit ivas commenced April 3, 1872, and summons issued to the sheriff of Morgan county, which was returned not found. An *alias*summons issued August 31, 1872, to Morgan county, which was returned not *507served. At the December term, 1872, on motion, it was ordered that the cause be continued with *alias*summons to Macon county, which was served in that county April 30, 1873. The defendant, at the next term, pleaded in abatement, to which plea the court sustained a demurrer.

Mr. Wm. H. Barnes, for the plaintiff in error.

Messrs. Morrison & Whitlock, for the defendant in error.

Per Curiam:

This suit was commenced April 3,1872, by the issuing of summons out of the circuit court of Morgan county, and is to be governed by the statute in force at that time. The plea in abatement contains no averment that the plaintiff was not a resident of that county, or that the contract was not made therein. It was, for that reason, bad, and the demurrer to it was properly sustained. The judgment will therefore be affirmed.

*Judgment affirmed.*
### SUBCHAPTER LIX–AAA—GOLDEN SPIKE NATIONAL HISTORICAL PARK
###### Editorial Note on Part 0

#### Editorial Note:

Nomenclature changes to part 0 appear at 73 FR 73 FR 54947, Sept. 24, 2008.

#### § 0.64-3 Delegation respecting designation of certain Department of Agriculture employees (Tick Inspectors) to carry and use firearms.

The Assistant Attorney General in charge of the Criminal Division is authorized to exercise all the power and authority vested in the Attorney General under section 2274 of title 7, U.S. Code, concerning the designation of certain Department of Agriculture employees (Tick Inspectors) to carry and use firearms. This delegation includes the power and authority to issue, with the Department of Agriculture, joint rules and regulations pertaining to the carrying and use of such firearms, which would, when promulgated, supersede the existing regulations pertaining to the carrying and use of firearms by Tick Inspectors, promulgated by the Attorney General and contained in Attorney General's Order No. 1059-84. The Assistant Attorney General in charge of the Criminal Division is authorized to redelegate all of this authority under section 2274 to his Deputy Assistant Attorneys General and appropriate Office Directors and Section Chiefs.

[Order No. 1064-84, 49 FR 35934, Sept. 13, 1984]
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

KAMONTE MCNEIL

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 3802

[ August 8, 2019 ]

Appeal of order denying rule 3.850 motion from the Circuit Court for

the Seventeenth Judicial Circuit, Broward County ; Thomas J. Coleman

, Judge; L.T. Case No. 10

- 0 12894CF10A

.

Robert David Malove of Robert David Malove, P.A., Fort Lauderdale, for appellant.

Ashley Moody, Attorney General, Tallaha ssee, and Melynda L. Melear, Senior Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

C ONNER

, F ORST and K UNTZ , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.