alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### WITTROCK, Respondent, v. HALL, Appellant.

(211 N. W. 801.)

(File No. 5923.

Opinion filed January 28, 1927.)

Mechanics’ Liens — Honest Mistake hy Possessor of Mechanic’s Lien as to Amount Due and! Property Affected by Lien Held Not to Vitiate Lien.

In action to foreclose (mechanic’s lien, plaintiff held not to have foreited lien by honest mistake in claiming $30 more than allowed and in describing three lots when only one was affected.

Note. — See, Headnote, American Key-Numbered Digest, Mechanics’ liens, Key-'Nio. 157(3), 40 O. J. Sec. 253.

Appeal from Circuit Court, Minnehaha County; Hon. Herbert B. Rudolph, Judge.

Action by Charles Wittrock against Mary Hall to foreclose a mechanic’s lien. From a judgment for plaintiff, defendant appeals.

Affirmed.

*Ray B. Dougherty,*of Sioux Falls, for Appellant.

*Teigen & Davis,*of Sioux Falls, for Respondent.

FOLLEY, J.

Plaintiff performed labor for defendant in digging a cellar on certain premises described as the west 44 feet of three designated lots in Sioux Falls. He thereafter filed a claim for a mechanic’s lien on said premises, in which he alleged there was due him' $86.45 for such labor. This action was brought to recover said sum of money and for the foreclosure of said lien.

The court made findings of fact and conclusions, and entered a decree as prayed for by plaintiff, except that the court found that the amount due plaintiff was $56.45 instead of $86.45, as claimed in the said notice of lien, and that he was entitled to a lien on but one of the said lots, and awarded plaintiff a lien on one only of the lots described in the complaint. From such, decree defendant appeals.

Appellant urges two grounds for a reversal. The first is that the complaint is insufficient to support the judgment; and, second, that the findings of the court do' not support the conclusions or the judgment.

These contentions are predicated on the claim made by appellant that—

*40“The complaint is based) upon a mechanic’s lien in which the plaintiff under oath willfully and fraudulently misrepresented the amount due him., and the extent of his lien.”

In support of this contention appellant cites and relies upon Bohn Mfg. Co. v. Keenan et al, 15 S. D. 377, 89 N. W. 1009, and Smith v. Allmendinger, 41 S. D. 144, 169 N. W. 512. In these cases this court held that, where a lienor intentionally and willfully files a false and exaggerated claim, he forfeits his lien. But in this case there is nothing to show that respondent willfully or intentionally falsified his lien statement. There is no finding by the court to that effect, and the evidence is not before this court. The mere fact that the respondent claimed $30 more than the court found) to be due him is not sufficient to support a presumption that he intentionally filed a false claim. Nor does the mere fact that he described parts of three lots when but one is affected vitiate the lien. For anything that appears in the record these mistakes were honestly made.

The judgment appealed from is affirmed.
Exhibit 99.2




Independent Accountant’s Report








Synthetic Fixed-Income Securities, Inc. (as Depositor)


One Wells Fargo Center


301 South College Street


Charlotte, NC 28288





U.S. Bank Trust National Association (as Trustee)


Corporate Trust Department


100 Wall Street


New York, NY 10005








Re:
STRATSTrust For Goldman Sachs Capital I Securities, Series 2005-1 (the “Trust”)




Ladies and Gentlemen:





We have examined assertions of Synthetic Fixed-Income Securities, Inc. (the “Depositor”) and U.S. Bank Trust National Association, (the “Trustee” and together with the Depositor, the “Management”) that the Depositor and the Trustee have complied, in all material respects, with the provisions of the Base Trust Agreement dated as of September 26, 2003, as supplemented by a series supplement dated as of June 13, 2005 (together, the “Trust Agreement”), in respect of the STRATS Trust ForGoldman Sachs Capital I Securities, Series 2005-1(the “Trust”), during the period covered by the annual report on Form 10-K filed by the Depositor on behalf of the Trust for the year ended December 31, 2011 (the “Annual Report”).  Management is responsible for compliance with the Trust Agreement. Our responsibility is to express an opinion on Management’s assertions based on our examination.





Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Depositor’s and the Trustee’s compliance with the Trust Agreement and performing such other procedures as considered necessary in the circumstances.  We believe that our examination provides a reasonable basis for our opinion.





In our opinion, the Depositor and the Trustee have complied, in all material respects, with the Trust Agreement during the period covered by the Annual Report and Management’s assertions with respect to such compliance are fairly stated, in all material respects, for the year ended December 31, 2011.








/s/ Aston Bell, CPA





New York, New York


March 16, 2012
<PAGE>   1



                                                                 EXHIBIT (99)(a)


     DEARBORN, Mich., December 6, 1999 -- CMS Energy Corporation (NYSE:CMS)
announced today that its utility subsidiary, Consumers Energy, has reached
agreement with a broad coalition of Michigan industrial and commercial
customers, other utilities and independent power producers to support specific
legislation on electric restructuring in Michigan.

     The legislation provides for customer choice of power supplies by January
2002 and ensures full recovery of stranded costs by utilities. It also provides
for a three-year rate freeze for all customers of the utility who choose to
remain with the utility as their electric supplier. As a result of Consumers
Energy's agreement with its customers on the legislation, ABATE (a coalition of
Michigan industrial and commercial customers) and Consumers Energy today filed a
request that the Michigan Public Service Commission (MPSC) suspend an ABATE
electric rate complaint proceeding at the MPSC pending the enactment of the
proposed legislation which is expected to be considered during the first quarter
of next year.

     The joint press release of the Michigan Chamber of Commerce and the
Michigan Manufacturers Association announcing the broad support for this
legislation is attached.

     CMS Energy Corporation has annual sales of about $6 billion and assets of
about $14 billion throughout the U.S. and in 22 countries around the world with
businesses in electric and natural gas utility operations; independent power
production; natural gas pipelines, gathering, processing and storage; oil and
gas exploration and production; and energy marketing, services and trading.

                                      # # #

For more information on CMS Energy, please visit our website at:
www.cmsenergy.com/
### §1680d. Infant and maternal mortality; fetal alcohol syndrome

By no later than January 1, 1990, the Secretary shall develop and begin implementation of a plan to achieve the following objectives by January 1, 1994:

(1) reduction of the rate of Indian infant mortality in each area office of the Service to the lower of—

(A) twelve deaths per one thousand live births, or

(B) the rate of infant mortality applicable to the United States population as a whole;

(2) reduction of the rate of maternal mortality in each area office of the Service to the lower of—

(A) five deaths per one hundred thousand live births, or

(B) the rate of maternal mortality applicable to the United States population as a whole; and

(3) reduction of the rate of fetal alcohol syndrome among Indians served by, or on behalf of, the Service to one per one thousand live births.

(Pub. L. 94–437, title VIII, §814, formerly title VII, §714, as added Pub. L. 100–713, title VII, §708, Nov. 23, 1988, 102 Stat. 4831; renumbered title VIII, §814, and amended Pub. L. 102–573, title VII, §701(a), (b), title VIII, §804, Oct. 29, 1992, 106 Stat. 4572, 4585.)

#### **Editorial Notes**

#### Amendments

1992—Pub. L. 102–573, §804, struck out subsec. (a) designation before "By no later" and struck out subsec. (b) which read as follows: "The President shall include with the budget submitted under section 1105 of title 31 for each fiscal year a separate statement which specifies the total amount obligated or expended in the most recently completed fiscal year to achieve each of the objectives described in subsection (a) of this section."
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

29

30

DAY ELEV

 812.00

 811.96

 811.88

 811.82

 811.76

 811.70

 811.64

 811.58

 811.55

 811.52

 811.48

 811.42

 811.38

 810.75

 809.82

 808.85

 808.00

 807.94

 807.86

 807.86

 808.00

 807.98

 807.98

 808.00

 808.00

 807.97

 807.97

 808.00

 808.04

 807.98

 20.39

 20.36

 20.30

 20.25

 20.21

 20.16

 20.11

 20.07

 20.05

 20.02

 19.99

 19.95

 19.92

 19.44

 18.75

 18.05

 17.45

 17.41

 17.35

 17.35

 17.45

 17.44

 17.44

 17.45

 17.45

 17.43

 17.43

 17.45

 17.48

 17.44

STORAGE

-0.03

-0.03

-0.06

-0.05

-0.05

-0.05

-0.05

-0.05

-0.02

-0.02

-0.03

-0.05

-0.03

-0.48

-0.69

-0.70

-0.60

-0.04

-0.06

+0.00

+0.10

-0.01

+0.00

+0.01

+0.00

-0.02

+0.00

+0.02

+0.03

-0.04

CHANGE

21

18

-1

9

7

8

8

5

18

17

12

4

11

-27

-55

-62

-56

30

8

33

80

20

18

30

30

28

30

32

33

-2

INFLOW

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 26

 24

 21

 22

 22

 22

 22

 22

 22

 22

 22

 21

 21

 209

 287

 286

 243

 46

 31

 31

 28

 24

 18

 20

 26

 35

 25

 16

 15

 15

OUTLET

 11

 9

 9

 10

 8

 9

 9

 6

 7

 7

 6

 6

 6

 3

 5

 5

 5

 5

 5

 2

 3

 3

 0

 3

 4

 4

 5

 5

 4

 4

C.F.S.

 .44

 .36

 .35

 .42

 .33

 .37

 .35

 .25

 .28

 .28

 .25

 .24

 .26

 .11

 .20

 .21

 .22

 .24

 .20

 .11

 .15

 .15

 .02

 .12

 .16

 .19

 .22

 .23

 .16

 .17

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .15

 .00

 .00

 .19

 .00

 .00

 .00

 .00

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

SEPTEMBER 2007 RUN DATE: 10/16/2007

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -3.00 307 1,644 0 168 7.04 .34

ACRE-FEET -3,000 609 3,261 0 333

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

SUMMARY

RELEASE (ACRE-FEET)

SPILL 0

OUTLET

TOTAL

 3,261

 3,261

PRECIPITATION

THIS MONTH =

TO DATE =

 .34

JULY 1, 2007 .47

 20.42

STONY GORGE RESERVOIR DAILY OPERATIONS
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                         238,479
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               984,652
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,364,884
<CURRENT-LIABILITIES>                           14,940
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        80,922
<OTHER-SE>                                  12,544,878
<TOTAL-LIABILITY-AND-EQUITY>                 2,364,884
<SALES>                                        236,281
<TOTAL-REVENUES>                               236,281
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                224,707
<INCOME-TAX>                                   224,707
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   224,707
<EPS-PRIMARY>                                      .03
<EPS-DILUTED>                                      .03
        

</TABLE>
### §4029. Increased training in multilateral diplomacy

#### (1) Statement of policy

It shall be the policy of the United States that training courses should be established for Foreign Service Officers and civil service employees of the State Department, including appropriate chiefs of mission, on the conduct of multilateral diplomacy, including the conduct of negotiations at international organizations and multilateral institutions, negotiating skills that are required at multilateral settings, coalition-building techniques, and lessons learned from previous United States multilateral negotiations.

#### (2) Personnel

#### (A) In general

The Secretary shall ensure that the training described in paragraph (1) is provided at various stages of the career of members of the Service.

#### (B) Actions of the Secretary

The Secretary shall ensure that—

(i) officers of the Service receive training on the conduct of diplomacy at international organizations and other multilateral institutions and at broad-based multilateral negotiations of international instruments as part of their training upon entry into the Service; and

(ii) officers of the Service, including chiefs of mission, who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in Washington, D.C., to positions that have as their primary responsibility formulation of policy toward such organizations and institutions or toward participation in broad-based multilateral negotiations of international instruments, receive specialized training in the areas described in paragraph (1) prior to beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment.

#### (3) Training for civil service employees

The Secretary shall ensure that employees of the Department of State who are members of the civil service and who are assigned to positions described in paragraph (2) receive training described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at such time is not practical, within the first year of beginning such assignment.

(Pub. L. 108–458, title VII, §7111(c), Dec. 17, 2004, 118 Stat. 3795.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Intelligence Reform and Terrorism Prevention Act of 2004, and also as part of the 9/11 Commission Implementation Act of 2004, and not as part of the Foreign Service Act of 1980 which comprises this chapter.
Exhibit 32.2





CERTIFICATION PURSUANT TO





18 U.S.C. § 1350,





AS ADOPTED PURSUANT TO





SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of RF Industries, Ltd. (the “Company”) on Form 10-Q for the period ended April 30, 2011, as filed with the Securities and Exchange Commission (the “Report”), I, James Doss, Chief Financial Officer of the Company, certify, 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 my 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.





Date: June 8, 2011
/s/ James DossJames DossChief Financial Officer
### §161. Deposit in Treasury of trust funds

The Secretary of the Interior is authorized to deposit, in the Treasury of the United States, any and all sums held by him on April 1, 1880, or which may be received by him, as Secretary of the Interior and trustee of various Indian tribes, on account of the redemption of United States bonds, or other stocks and securities belonging to the Indian trust fund, and all sums received on account of sales of Indian trust lands, and the sales of stocks lately purchased for temporary investment, whenever he is of the opinion that the best interests of the Indians will be promoted by such deposits, in lieu of investments; and the United States shall pay interest semiannually, from the date of deposit of any and all such sums in the United States Treasury, at the rate per annum stipulated by treaties or prescribed by law, and such payments shall be made in the usual manner, as each may become due, without further appropriation by Congress.

(Apr. 1, 1880, ch. 41, 21 Stat. 70.)

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

#### Appropriations

Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation provided for in the last clause of this section under the title "Interest on Indian trust funds" effective July 1, 1935, and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees.
#### Charles Smith *&*Sons Construction Company, Inc., Appellant, v. State of New York, Respondent.

(Claim No. 24134.)

*887Crapser, Bliss, Heffernan and Schenck, JJ., concur; Hill, P. J„, concurs as to the reversal. The matter should be remitted to the Court of Claims for a decision indicating what items and to what extent the several items claimed are allowed. The court reverses findings numbers 11, 21, 23 and 25 and disapproves conclusion numbers IV and V of the decision. The court makes the following findings: Numbers 47, 48, 65, 97, 98,107,108,109,117, 130,136,139,140,141,142,146,147,148,151, 154,155,156,156b, 156c, 156d, 161, 162, 164, 165, 166, 168, 169, 170, 172, 173, 174, 175 and 176 of the claimant’s requests to find. The court also makes and approves conclusion number III of claimant’s requests to find. The court reverses findings numbers 6, 8, 12, 14, 15, 16,17,18, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 36, 38, 39, 40, 41, 42, *88843, 47, 48, 51, 55, 56, 57, 58, 59, 60, 61, 66, 67, 69, 71, 72, 73, 74, 75, 76> 77, 78, 80, 81, 83, 84, 86, 87, 88, 89, 90, 91, and 92 and disapproves conclusions of law numbers I, II, III, IY and Y of the State’s findings of fact and conclusions of law.
#### § 669.530 What are the submission dates for these plans?

We will announce plan submission dates in the SGA issued under § 669.220.
[Federal Register Volume 77, Number 82 (Friday, April 27, 2012)]
[Notices]
[Pages 25224-25225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10116]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>13044 and <greek-i>13045]


West Virginia Disaster Number WV-00023

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

-----------------------------------------------------------------------

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of West Virginia (FEMA-4059-DR), dated 03/
16/2012.
    Incident: Severe Storms, Tornadoes, Flooding, Mudslides, and 
Landslides.
    Incident Period: 02/29/2012 through 03/05/2012.
    Effective Date: 04/18/2012.
    Physical Loan Application Deadline Date: 05/15/2012.
    Eidl Loan Application Deadline Date: 12/17/2012.

ADDRESSES: Submit completed loan applications to: U.S. Small Business

[[Page 25225]]

Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of WEST VIRGINIA, dated 03/16/2012 is hereby 
amended to include the following areas as adversely affected by the 
disaster:

Primary Counties: (Physical Damage and Economic Injury Loans) Harrison, 
Preston, Taylor.
Contiguous Counties: (Economic Injury Loans Only)
    West Virginia: Barbour, Doddridge, Grant, Lewis, Tucker, Upshur.
    Maryland: Garrett.
    Pennsylvania: Fayette.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Joseph P. Loddo,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 2012-10116 Filed 4-26-12; 8:45 am]
BILLING CODE 8025-01-P
### §186. Repealed. May 21, 1934, ch. 321, 48 Stat. 787

Section, R.S. §2120, related to trespassing on lands of civilized Indians.