alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Fugate et al. v. Taulbee Lumber & Coal Co.

May 25, 1943.

Ward *&*Ward for appellants.

No appearance for appellee.

Opinion op the Court by

Chiep Justice Fulton

Reversing.

In this action filed by the appellee, Taulbee Lumber & Coal Company, against the appellants, Flora Fugate and her husband, it was alleged in the petition that the defendants were indebted to the plaintiffs in the sum of $153.91 for lumber sold and delivered and to be used in making improvements on a described house and lot in the city of Hazard owned by the defendants. There was no allegation that a material man’s lien had been perfected by compliance with section 2468' of the Kentucky Statutes (now KRS 376.080), but a lien was claimed by reason of the furnishing of the material.

*423Default judgment was rendered for tbe amount sued for, adjudging tbe plaintiff a lien on tbe house and lot and ordering a sale to satisfy tbe lien. Tbe property was sold and purchased by tbe plaintiff for tbe amount of tbe debt, interest and costs. Beport of sale was filed and confirmed and deed was executed to tbe purchaser.

This appeal is from tbe judgment ordering tbe sale. The contention is that tbe judgment was erroneous in so far as it granted a lien on the property and ordered it sold because tbe petition failed to state facts sufficient to warrant tbe judgment in this particular.

This court bas jurisdiction of tbe appeal although the amount of tbe judgment is less than $200, since it involves tbe right to enforce a statutory lien (KBS 21.060). There was no allegation of a contractual lien and it is apparent that tbe judgment awarded a material-man’s lien, a statutory lien.

That tbe judgment was erroneous in awarding tbe ben on tbe property and ordering it sold in satisfaction thereof is manifest. This court bas consistently held that a materialman acquires no lien on property for which materials are furnished unless bis right to the ben is completed and perfected by filing in the office of tbe clerk of tbe county court tbe statement required by section 2468. Tbe most recent cases so bolding are Woods v. Constantine, 217 Ky. 195, 289 S. W. 282, and Powers v. Brewer, 238 Ky. 579, 38 S. W. (2d) 466.

Tbe judgment is reversed to tbe extent that it granted a ben and ordered the property sold, with directions to set it aside to that extent.
#### In the Matter of Brooklyn Bridge Freezing & Cold Storage Co., Appellant, against Frederick H. Vurmuhlen, as Commissioner of the Department of Public Works of the City of New York, et al., Respondents.

Order unanimously reversed, with $20 costs and disbursements to the appellant, and motion granted to the extent of permitting examination of documents specified in the demand annexed to the petition excluding, however, any papers prepared for or by counsel to the City of New York for use in any action or proceeding to which the city is a party. (See *Matter of Ihrig*v. *Williams,*181 App. Div. 865, affd. 223 N. Y. 670; *Matter of Bubel Gorp.*[McGann], 295 N. Y. 639.) Settle order on notice. Present —• Glennon, J. P., Dore, Cohn, Callahan and Shientag, JJ.
#### STATE, Respondent, v. OLSON, Appellant.

(240 N. W. 203.)

(File No. 6959.

Opinion filed January 16, 1932.)

*Louis IT. Smith,*of Sioux Falls, for Appellant.

*M. Q. Sharpe,*Attorney General, *Frank W. Mitchell,*Assistant Attorney General, and *D. IT. Lloyd,*State’s Attorney, of Flandreau, for the State.

PER CURIAM.

Defendant, convicted of a criminal offense in the court below, perfected his appeal to this court in the manner required by law. It now appears to the satisfaction of this court that after the perfecting of the appeal, and two days prior to the *359date fixed for the submission thereof upon oral argument, appellant •died.

It is the weight of authority that, when the sole defendant in a criminal case dies while his appeal is pending and undetermined, the prosecution does not survive, but abates in toto whatever be the judgment appealed from. See Note 19 Ann. Cas. 1147; State v. Furth, 82 Wash. 665, 144 P. 907; Bonds v. State, 15 Okl. Cr. 678, 179 P. 618, State v. Banks, 94 Wash. 237, 161 P. 1189; State v. Guffey, 52 S. D. 95, 216 N. W. 860.

The appeal herein is therefore dismissed and the cause remanded to the circuit court, with directions to enter an order of abatement.

CAMPBELL, P. J, and POLLEY and RUDOLPH, JJ., concur.

ROBERTS and WARREN, JJ., disqualified and not participating.
§ 688.430 What are the due dates for quarterly reporting? ( a ) Quarterly reports are due no later than 45 days after the end of the reporting quarter, unless otherwise specified in the reporting guidance issued under § 688.420; and
( b ) A final financial report is required 90 days after the expiration of a funding period or the termination of grant support.
#### First National Bank of Elgin, appellee, v. Tom Adams et al., appellants.

Filed December 5, 1908.

No. 15,341.

Appeal from the distinct court for Antelope county: John F. Boyd, Judge.

*Reversed.*

*8. D. Thornton*and *O. A. Williams,*for appellants.

*Jackson & Kelsey, contra.*

Calkins, C.

This is an action between the same parties as in *First Nat. Bank v. Adams, ante,*p. 801. It is an ation to recover other property claimed to be covered by the same mortgage. The evidence is similar, and the instructions were practically the same.

It therefore presents the same questions, and we recommend that, for the reasons stated in the opinion in that case, the judgment of the district court be reversed and the cause remanded for further proceedings.

Root, C., concurs.

By the Court: For the reasons above stated, the judgment of the district court is reversed and the cause remanded for further proceedings according to law.

Reversed.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsConvective Instability of a Gravity Modulated Fluid Layer with Surface Tension VariationGravity modulation of an unbounded fluid layer with surface tension variations along its free surface is investigated. In parameter space of (wavenumber, Marangoni number) modulation has a destabilizing effect on the unmodulated neutral stability curve for large Prandtl number, Pr, and small modulation frequency, Omega, while a stabilizing effect is observed for small Pr and large Omega. As Omega yields infinity, the modulated neutral stability curves approach the unmodulated neutral stability curve. At certain values of Pr and L2 multiple minima are observed and the neutral stability curves become highly distorted. Closed regions of subharmonic instability are also observed. Alternating regions of synchronous and subharmonic instability separated by very thin stable regions are observed in (1/Omega,g(sub 1)) space for the singly diffusive cases. Quasiperiodic behavior in addition to the synchronous and subharmonic responses, are observed for the case of a double diffusive fluid layer. Minimum acceleration amplitudes were observed to closely correspond with a subharmonic response, Lambda(sub im) = Omega/2 .Document ID19980201337Acquisition SourceLegacy CDMSDocument TypeReprint (Version printed in journal)AuthorsSkarda, J. Raymond Lee*(NASA Lewis Research Center Cleveland, OH United States)*Date AcquiredSeptember 6, 2013Publication DateJune 1, 1998Subject CategoryFluid Mechanics And Heat TransferReport/Patent NumberNASA/TM-1998-207941NAS 1.15:207941E-11219AIAA Paper 98-2599Meeting InformationMeeting: Theoretical Fluid Mechanics MeetingLocation: Albuquerque, NMCountry: United StatesStart Date: June 15, 1998End Date: June 18, 1998Sponsors:American Inst. of Aeronautics and AstronauticsFunding Number(s)PROJECT: RTOP 962-24-00Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19980201337.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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#### Martin Rothbarth and Others, Appellants (Liberty National Bank and Another Joined with Them as Appellants), v. Felix Herzfeld and Others, Respondents.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
§ 725.232 Member of the same household—“living with,” “living in the same household,” and “living in the miner's household,” defined. ( a ) *Defined.* ( 1 ) The term “member of the same household” as used in section 402(a)(2) of the Act (with respect to a spouse); the term “living with” as used in section 402(e) of the Act (with respect to a surviving spouse); and the term “living in the same household” as used in this subpart, means that a husband and wife were customarily living together as husband and wife in the same place.
( 2 ) The term “living in the miner's household” as used in section 412(a)(5) of the Act (with respect to a parent, brother, or sister) means that the miner and such parent, brother, or sister were sharing the same residence.
( b ) *Temporary absence.* The temporary absence from the same residence of either the miner, or the miner's spouse, parent, brother, or sister (as the case may be), does not preclude a finding that one was “living with” the other, or that they were “members of the same household.” The absence of one such individual from the residence in which both had customarily lived shall, in the absence of evidence to the contrary, be considered temporary: ( 1 ) If such absence was due to service in the Armed Forces of the United States; or
( 2 ) If the period of absence from his or her residence did not exceed 6 months and the absence was due to business or employment reasons, or because of confinement in a penal institution or in a hospital, nursing home, or other curative institution; or
( 3 ) In any other case, if the evidence establishes that despite such absence they nevertheless reasonably expected to resume physically living together.
( c ) *Relevant period of time.* ( 1 ) The determination as to whether a surviving spouse had been “living with” the miner shall be based upon the facts and circumstances as of the time of the death of the miner.
( 2 ) The determination as to whether a spouse is a “member of the same household” as the miner shall be based upon the facts and circumstances with respect to the period or periods of time as to which the issue of membership in the same household is material.
( 3 ) The determination as to whether a parent, brother, or sister was “living in the miner's household” shall take account of the 1-year period immediately prior to the miner's death.
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY

 34,267

 33,864

 33,744

 34,119

 34,028

 34,462

 34,853

 34,911

 34,051

 33,642

 34,165

 34,439

 34,416

 34,176

 33,982

 33,868

 33,688

 33,654

 33,880

 34,324

 34,415

 34,474

 33,631

 33,529

 35,003

 34,554

 34,428

 34,222

 24,057

 24,426

 24,593

 24,680

 24,768

 34,892

 25,016

 25,087

 25,118

 25,100

 25,042

 24,967

 24,883

 24,773

 24,702

 24,645

 24,658

 24,724

 24,830

 24,848

 24,790

 24,680

 24,527

 24,361

 24,174

 23,945

 23,670

 23,380

STORAGE - A.F.

 19,593

 18,261

 16,699

 16,237

 16,809

 16,959

 16,671

 16,472

 16,156

 15,905

 15,485

 15,597

 15,264

 15,224

 15,444

 15,626

 16,632

 16,880

 16,601

 16,053

 15,440

 14,839

 14,918

 14,804

 14,182

 13,633

 13,119

 12,693

 12,104

 12,174

 11,966

 13,002

 13,064

 12,483

 12,656

 12,930

 12,856

 12,174

 12,076

 12,259

 12,245

 12,899

 12,726

 12,527

 14,545

 14,951

 15,140

 14,982

 14,100

 13,948

 13,933

 13,440

 12,569

 12,670

 12,913

 14,700

 123,001

 121,450

 119,914

 119,324

 120,146

 131,854

 121,451

 121,493

 121,074

 118,440

 115,839

 117,608

 116,912

 118,124

 119,524

 118,643

 120,177

 121,810

 121,336

 122,502

 121,624

 120,999

 119,893

 117,713

 117,338

 115,867

 115,306

 116,753

6,767

8,115

7,175

6,492

5,844

5,499

7,288

7,058

6,882

7,695

7,588

4,780

6,286

6,401

5,077

6,228

4,821

5,040

6,550

5,249

5,903

5,990

5,970

6,587

5,101

6,405

5,700

4,965

7,065

7,333

6,395

6,195

6,258

11,402

2,043

7,079

6,671

6,367

6,277

5,672

5,935

7,012

5,783

5,784

5,594

5,863

6,311

5,837

5,460

5,675

5,412

5,488

4,912

5,663

5,417

5,695

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2013 FULL NATURAL FLOW AT SHASTA DAM RUN DATE: March 14, 2013

TOTALS -5,656 170,598

* October 1, 338,381

 32,980

 32,725

 32,912

 31,286

 31,477

 33,058

 32,255

 32,093

 32,893

 31,619

 29,071

 30,346

 30,104

 31,052

 32,670

 31,977

 30,654

 31,601

 30,885

 32,295

 32,879

 33,058

 32,884

 31,579

 31,410

 31,065

 31,176

 31,758

1,876.3

1,890.8

1,903.5

1,915.8

1,928.2

1,950.8

1,954.9

1,968.9

1,982.1

1,994.8

2,007.2

2,018.5

2,030.2

2,044.1

2,055.6

2,067.1

2,078.2

2,089.8

2,102.3

2,113.9

2,124.7

2,136.0

2,146.7

2,157.6

2,167.4

2,178.6

2,189.3

2,200.6

LAKE

BRITTON

MCCLOUD

DIV RES

IRON

CANYON

RES

PIT 6 PIT 7

2012 TO DATE

SHASTA

INFLOW

C.F.S

NATURAL

RIVER

C.F.S

ACCUM *

FULL

NATURAL

1000 A.F.

RESERVOIR

TOTAL

+592

-1,551

-1,536

-590

+822

+11,708

-10,403

+42

-419

-2,634

-2,601

+1,769

-696

+1,212

+1,400

-881

+1,534

+1,633

-474

+1,166

-878

-625

-1,106

-2,180

-375

-1,471

-561

+1,447

CHANGE

A.F. C.F.S.

+298

-782

-774

-297

+414

+5,903

-5,245

+21

-211

-1,328

-1,311

+892

-351

+611

+706

-444

+773

+823

-239

+588

-443

-315

-558

-1,099

-189

-742

-283

+730
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 18-6611

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

ARCHIE LARUE EVANS,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at 

Florence. R. Bryan Harwell, District Judge. (4:12-cr-00575-RBH-1; 4:16-cv-03359-

RBH)

Submitted: October 23, 2018 Decided: October 26, 2018

Before NIEMEYER, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Archie Larue Evans, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Archie Larue Evans seeks to appeal the district court’s order denying relief on his 

28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or 

judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A 

certificate of appealability will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies 

relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable 

jurists would find that the district court’s assessment of the constitutional claims is 

debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see Miller-El v. 

Cockrell, 537 U.S. 322, 336-38 (2003). When the district court denies relief on 

procedural grounds, the prisoner must demonstrate both that the dispositive procedural 

ruling is debatable, and that the motion states a debatable claim of the denial of a 

constitutional right. Slack, 529 U.S. at 484-85. 

We have independently reviewed the record and conclude that Evans has not made 

the requisite showing. Accordingly, we deny a certificate of appealability and dismiss 

the appeal. We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

DISMISSED
#### § 1.1 Purpose.

This part governs the participation of individuals in proceedings, both formal and informal, in which rights are asserted before, or privileges sought from, the Department of the Interior.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONSOLIDATED STATEMENTS OF OPERATIONS AND CONSOLIDATED BALANCE SHEETS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1997
<PERIOD-START>                             MAY-01-1996
<PERIOD-END>                               JAN-31-1997
<CASH>                                         692,000
<SECURITIES>                                         0
<RECEIVABLES>                                   36,000
<ALLOWANCES>                                         0
<INVENTORY>                                    291,000
<CURRENT-ASSETS>                             1,310,000
<PP&E>                                       3,667,000
<DEPRECIATION>                             (2,520,000)
<TOTAL-ASSETS>                               4,953,000
<CURRENT-LIABILITIES>                        2,849,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        34,000
<OTHER-SE>                                   2,070,000
<TOTAL-LIABILITY-AND-EQUITY>                 4,953,000
<SALES>                                     11,374,000
<TOTAL-REVENUES>                            11,374,000
<CGS>                                        9,332,000
<TOTAL-COSTS>                               10,605,000
<OTHER-EXPENSES>                               530,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,000
<INCOME-PRETAX>                                239,000
<INCOME-TAX>                                    12,000
<INCOME-CONTINUING>                            227,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   227,000
<EPS-PRIMARY>                                      .07
<EPS-DILUTED>                                      .07
        

</TABLE>
§ 336.4 Base year compensation. ( a ) *Formula.* For the purposes of this part, an employee's base year compensation includes any compensation in excess of the monthly compensation base (as defined in part 302 of this chapter) for any month in the applicable base year but shall not include any amount that exceeds the value of “X” in the following formula: X = $775(A/$600). In this formula, “A” is the dollar amount of the monthly compensation base with respect to months in such base year. For example, if an employee had railroad earnings of $1,500 per month in each of three months in base year 1990, the employee's base year compensation for purposes of part 302 of this chapter would be $2,235 (three times the monthly compensation base of $745 per month for months in 1990). But the employee's base year compensation for purposes of computing maximum normal unemployment (or sickness) benefits under this subpart would be $2,886 (three times $962), and his or her normal unemployment (or sickness) benefits would not be considered exhausted until he or she is paid unemployment (or sickness) benefits in an amount equal to $2,886. In this example, $962 is the amount computed as the value of “X” in the above formula when “A” is equal to $745.
( b ) *Employer's duty to report.* The base year employer(s) of an employee shall provide information as to the amount of an employee's monthly compensation in excess of the monthly compensation base, as defined in part 302 of this chapter, unless the amount of the employee's compensation at the monthly compensation base limit, as already reported to the Board, is equal to or greater than an amount equal to 130 times the daily benefit rate applicable to the employee's days of unemployment or days of sickness.
(Approved by the Office of Management and Budget under control number 3220-0070)
##### 



Exhibit 31.2 PRINCIPAL FINANCIAL OFFICERS CERTIFICATIONS PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Douglas A. Carty, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Laidlaw
International, 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 registrant
as of, and for, the periods presented in this report; 4. The registrants other certifying officer(s) 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 registrant 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 registrant, 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) Evaluated the effectiveness of the registrant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 c) Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrants internal control over financial reporting;
and 5. The registrants other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the
registrant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 registrant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 registrants internal control over
financial reporting. Date: July 12, 2004
    /s/ Douglas A. CartyDouglas A. CartySenior Vice President and Chief Financial Officer