alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 99-246

November 16, 1999

NOTE TO EDITORS:

The Nuclear Regulatory Commission’s Advisory Committee on Reactor Safeguards

(ACRS) has scheduled a meeting of its subcommittee on materials and metallurgy on

December 1 in Rockville, Maryland.

The subcommittee will review the staff’s proposed revision to 10 CFR 50.55a, “Codes

and Standards,” which modifies the requirement for licensees to update facility in-service

inspection and testing programs every 120 months to conform to the latest edition of the

American Society of Mechanical Engineers Boiler and Pressure Vessel Code.

The meeting, which is open to the public, will be held in Room T-2B3 of the agency’s

Two White Flint North Building, at 11545 Rockville Pike, from 8:00 until 11:00 a.m.

Those who seek additional information on the meeting should contact Dr. Medhat El-Zeftawy, at

301-415-6889.

Other aspects of the meeting will be described in an upcoming edition of the Federal

Register. ACRS meeting notices, transcripts and letter reports are available on the internet, at

http://www.nrc.gov/ACRSACNW.

###
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

________________________ No. 13

- 14527 Non

- Argument Calendar

________________________ D.C. Docket No. 1:12

- cr - 00328

- TCB

- LTW

- 3 UNITED STATES OF AMERICA, Plaintiff

- Appellee,
versus RUFFINO TORRES

- PINEDA, a.k.a. Nino, Defendant

- Appellant.

_______ _________________ Appeal from the United States District Court for the Northern District of Georgia

________________________ ( November 12, 2014 ) Before WILLIAM PRYOR , MARTIN and ANDERSON , Circuit Judges. PER CURIAM:

Case: 13-14527 Date Filed: 11/12/2014 Page: 1 of 22 David H. Jones, appointed counsel for Ruffino Torres

- Pin eda in this direct criminal appeal, has moved to withdraw from further representation of Torres

- Pineda and filed a brief pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the record reveals tha t counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to withdraw is GRANTED and Torres

- Pineda’s convictions and sentences are AFFI RMED
.

Case: 13-14527 Date Filed: 11/12/2014 Page: 2 of 2
### §219. Injunction proceedings; compromise of liability

(a) The several district courts of the United States are vested with jurisdiction, for cause shown, to prevent and restrain violations of this subchapter upon the application of the Attorney General of the United States acting through the several United States attorneys in their several districts.

(b) The Secretary is authorized, with respect to any violation of this subchapter, to compromise the liability arising with respect to such violation upon payment of a sum for each offense, to be collected by the Secretary and to be paid into the Treasury as miscellaneous receipts.

(Aug. 29, 1935, ch. 814, title II, §208, as added Pub. L. 100–690, title VIII, §8001(a)(3), Nov. 18, 1988, 102 Stat. 4520.)
1 T o: Docket s EPA - HQ - OAR - 2002 - 0058 and EPA - HQ - OAR- 2006 - 0790 From: Mary

Johnson , EPA/OAR/OAQPS/SPPD Date: August 26 , 2010 Re: Minutes of Meeting Between EPA and Wisconsin

– August 2 5 , 2010 

### Meeting Participants Wisconsin Participants : DNR Secretary Matt Frank DNR Deputy Secretary Al Shea Dept. of Ag, Trade and Consumer Protection Deputy Secretary Randy Romanski WI Paper Council President Jeff Landin We Energies Vice President of Environmental Kristine Krause We Energies Manager of Air Quality Terry Coughl in Alliant Energy Executive Vice President, General Counsel & Chief Administrative Officer Barbara Swan Tanya Bork, Governor Doyle staff Andrew Moyer, Govern o r Doyle staff Tim Stum, Governor Doyle staff Kathy Lip , Allient Energy EPA participants : Gina M cCarthy Don Zinger Larry Elworth Peter Tsirigotis Cheryl Newton (R5) Cate Hight 

### Meeting Summary The re was a conference call between EPA and Wisconsin on August 25, 2010, to discuss Wisconsin’s concerns regarding the recently proposed national emission stan dards for hazardous air pollutants for industrial, commercial, and institutional boilers and process heaters located at major sources (the Boiler MACT) and for industrial, commercial, and institutional boilers located at area sources. EPA participants lis tened to Wisconsin’s concerns and asked clarifying questions.
Exhibit 32.1



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 Annual Report on Form 10-K/A of Live Ventures Incorporated (the “Company”) for the fiscal year ended
September 30, 2018 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jon
Isaac, President and Chief Executive Officer of the Company, do hereby certify, to the best of my knowledge and belief,
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 the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------





|By: | /s/ Jon Isaac                         | 
|--- | ------------------------------------- | 
|    | Jon Isaac                             | 
|    | President and Chief Executive Officer | 
|    | (Principal Executive Officer)         | 
|    | April 23, 2019                        | 





A signed original of this certification
required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company
and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request. The foregoing
certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a
separate disclosure document.
472 P.2d 383

#### STATE of New Mexico, ex rel. Lee TRIMBLE, Petitioner, v. John B. McMANUS, Jr., District Judge, Respondent.

No. 9068.

Supreme Court of New Mexico.

July 9, 1970.

WATSON, SISK and McKENNA, Justices, concurring. COMPTON, Chief Justice, and TACKETT, Justice, dissenting.

Ordered that the writ of mandamus heretofore issued by this Court on June 10, 1970, be and the same is hereby made permanent, with directions to the respondent to determine the merits of relator’s motion and, on the merits, whether the relief requested should be granted.
Volvo Cars of North America Emission Defect Information Report

EDIR No. 09002D01A

1. Manufacturer's Corporate Name: Volvo Cars of North America, LLC 2. Component Description Component Name: Fuel Pump Unit Including Fuel Level Sensor Component Part Number: 8616811, 8634832, 30636948, 30794757 Description of Component: The fuel pump is located in the fuel tank. The fuel level sensor (FLS) is part of the fuel pump assembly. 3. Failure Description In certain model year 2004 vehicles, the fuel level sensor attached to the fuel pump assembly may experience reduced functionality due to oxidation or contamination of the fuel level sensing plate. 4. Affected Vehicles by Test Group 4.1 Test Group: 4VVXV2.43S2N

Model Year: 2004 Models Involved: S60, V70 Engine Description: B5244S (64) – 2.44 Liters, 5 Cylinders, OHV, DOHC, CVVT, 20-valve naturally aspirated engine with OBDII, Bosch ME7 Engine Management, Sequential Fuel Injection (SFI), Heated Oxygen Sensors (HO2S), and Three Way Catalytic Converter (TWC) Sales Area: California and S177 States

5. Affected Vehicle Population 5.1 Sales volumes, claims, and distribution are from Volvo's warranty records as of January 5, 2009. Failure estimate is from component manufacturer sample testing of components claimed under the 15-year/150,000-mile warranty, which yielded a failure rate of 75% of the test sample. Affected Vehicle Population by Test Group Test US Claim Total Failure Group Sales Rate Claims Estimate 4VVXV2.43S2N 8,147 1.84% 150 112

1 of 2 Volvo Cars of North America, LLC - EDIR No. 09002D01A 2009-03-165.2 Assembly plants producing the potentially affected vehicles

.are: Volvo Cars Torslanda Volvo Cars Europe Industry SE-405 31 GOteborg J. F. Kennedylean 25 Sweden B-9000 Ghent Belgium 6. Impact on Emissions and Drivability There is no impact on emissions The most common symptom s an incorrect fuel level reading Failure analysis is under review 7.Available Emissions Data This failure does not affect evaporative or exhaust emissions 8.Anticipated Manufacturer Follow-Up Volvo tested a sample of thirty of the affected pumps, with fuel level sensor being the primary presenting condition. Volvo will continue analysis to determine root cause and effect.

2 of 2 Volvo Cars of North America, LLC - EDIR No 09002D01A 2009-03-16
#### § 321.1 General.

A sustained state of mobilization production readiness is necessary to place the United States in a defense posture which will enable the nation to defend itself against aggression in peripheral conflicts or general war involving nuclear attacks on this country. Therefore, the facilities, machine tools, production equipment, and skilled workers necessary to produce the wartime requirements of the Department of Defense, Department of Energy, and the Maritime Administration shall be maintained in a state of readiness which will facilitate their immediate use or conversion in time of emergency, with especial emphasis on measures to maximize the probability of continued post-attack production of those items judged to be vital to survival and victory.
#### § 8365.1 Public lands—general.

The rules in this subsection shall apply to use and occupancy of all public lands under the jurisdiction of the Bureau of Land Management. Additional rules for developed sites and areas are found in § 8365.2 of this title.
###### Editorial Note on Part 134

#### Editorial Note:

Nomenclature changes to part 134 appear at 72 FR 50042, Aug. 30, 2007.

#### § 134.703 When must a person file an appeal from an WOSB or EDWOSB protest determination?

Appeals from a WOSB or EDWOSB protest determination must be commenced by filing and serving an appeal petition within ten (10) business days after the appellant receives the WOSB or EDWOSB protest determination (see § 134.204 for filing and service requirements). An untimely appeal must be dismissed.
#### Charles Hetherston, Respondent, *v.*Central Park, North and East River Railroad Company, Appellant.

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 13th day of December, 1913, on the verdict of a jury, and also from an order entered on the 26th day of December, 1913, denying a motion for a new trial.

Per Curiam:

The verdict of the jury that the defendant was negligent and that the plaintiff was free from contributory negligence is against the freight of evidence. The j udgment and order appealed from are, therefore, reversed and a new trial ordered, with costs to appellant to abide the event. Present—Ingraham, P. J., Laughlin, Clarke, Dowling and Hotchkiss, JJ.; Dowling, J., dissented. Judgment and order reversed, new trial ordered, costs to appellant to abide event. Order to be settled on notice.
(October 19, 1943.)

#### In the Matter of Thomas A. Aurelio (Also Known as Thomas Anthony Aurelio), an Attorney.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.; Untermyer, J., taking no part.
<PAGE>

                                  EXHIBIT 23


              CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS

We hereby consent to the incorporation by reference into all Registration
Statements on Form 10-K of Coddle Creek Financial Corp. of our report dated
January 19, 2001, relating to the consolidated statements of financial condition
of Coddle Creek Financial Corp. and subsidiary as of December 31, 2000 and 1999,
and the related consolidated statements of income, stockholders' equity and cash
flows for each of the years in the three year period ended December 31, 2000,
which report appears in the Company's 2000 annual report on Form 10-K.


/s/ McGladrey & Pullen, LLP

Charlotte, North Carolina
March 26, 2001
U.S. Nuclear Regulatory Commission

Region II

101 Marietta Street, N.W.

Suite 2900

Atlanta, GA 30323

No:II-97-05 FOR IMMEDIATE

RELEASE

Contact: Ken Clark or Roger Hannah (Thursday,

January 9, 1997)

Telephone: (404) 331-5503 or 331-7878

NRC STAFF TO MEET WITH DUKE POWER OFFICIALS

TO DISCUSS PLANS FOR OCONEE RESTART

Nuclear Regulatory Commission officials will meet with Duke

Power Company

managers on Friday, January 10, at the Oconee nuclear power plant

near Seneca, South Carolina, to discuss the status of the company's

readiness to restart the plant's three reactors, shut down by the

company last year following a Unit 2 steam line rupture on

September 24.

Seven workers were injured when an 18-inch steam line ruptured

in the non-nuclear area of the Unit 2 reactor while maintenance

personnel were working on valves. They were transported to area

hospitals where four were held for treatment of extensive injuries.

The NRC sent a special Augmented Inspection Team (AIT) to the

plant and held a public meeting last October 8 to discuss findings

associated with the event. Agency officials have not made a

decision as to whether or not escalated enforcement action will be

taken.

Friday's meeting will be held at 1:00 p.m. in Room 316 of the

Oconee office building. It is open to observation by members of

the public and the press, and NRC officials will be available at

its conclusion to answer questions

from interested observers.

#
MEMORANDUM 

DATE: November 24, 2014

TO: Carbon Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Region 7, EPA

SUBJECT: July 31, 2014, Meeting Regarding Proposed Carbon Power Plan for Existing 

Power Plants

SUMMARY

Karl Brooks and Michael Jay of EPA gave a summary presentation on July 31, 2014, 

during the Missouri Chamber of Commerce and Industry Annual Environmental and Energy

Conference. The majority of the presentation centered on highlighting the four major building 

blocks in the Carbon Power Plan for Existing Power Plants. The Carbon Power Plan for Existing 

Power Plants was proposed on June 2, 2014.

ATTENDEES

EPA Region 7:

Karl Brooks

Michael Jay

Other Attendees included members of 

Missouri Chamber of Commerce and 

Industry- attendee list not available.
Editorial Note on Part 120
Editorial Note: Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

§ 120.851 CDC ethical requirements. CDCs and their Associates must act ethically and exhibit good character. They must meet all of the ethical requirements of § 120.140. In addition, they are subject to the following: ( a ) Any benefit flowing to a CDC's Associate or his or her employer from activities as an Associate must be merely incidental (this requirement does not prevent an Associate or an Associate's employer from providing interim financing as described in § 120.890 or Third Party Loans as described in § 120.920, as long as such activity does not violate § 120.140); and
( b ) A CDC's Associate may not be an officer, director, or manager of more than one CDC.
[68 FR 57984, Oct. 7, 2003]
### §218b. Notice to employees

#### (a) In general

In accordance with regulations promulgated by the Secretary, an employer to which this chapter applies, shall provide to each employee at the time of hiring (or with respect to current employees, not later than March 1, 2013), written notice—

(1) informing the employee of the existence of an Exchange, including a description of the services provided by such Exchange, and the manner in which the employee may contact the Exchange to request assistance;

(2) if the employer plan's share of the total allowed costs of benefits provided under the plan is less than 60 percent of such costs, that the employee may be eligible for a premium tax credit under section 36B of title 26 and a cost sharing reduction under section 18071 of title 42 if the employee purchases a qualified health plan through the Exchange; and

(3) if the employee purchases a qualified health plan through the Exchange, the employee may lose the employer contribution (if any) to any health benefits plan offered by the employer and that all or a portion of such contribution may be excludable from income for Federal income tax purposes.

#### (b) Effective date

Subsection (a) shall take effect with respect to employers in a State beginning on March 1, 2013.

(June 25, 1938, ch. 676, §18B, as added and amended Pub. L. 111–148, title I, §1512, title X, §10108(i)(2), Mar. 23, 2010, 124 Stat. 252, 914; Pub. L. 112–10, div. B, title VIII, §1858(c), Apr. 15, 2011, 125 Stat. 169.)

#### **Editorial Notes**

#### Amendments

2011—Subsec. (a)(3). Pub. L. 112–10 struck out "and the employer does not offer a free choice voucher" after "Exchange".

2010—Subsec. (a)(3). Pub. L. 111–148, §10108(i)(2), inserted "and the employer does not offer a free choice voucher" after "Exchange" and substituted "may lose" for "will lose".

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

#### Effective Date of 2011 Amendment

Amendment by Pub. L. 112–10 effective as if included in the provisions of, and the amendments made by, the provisions of Pub. L. 111–148 to which it relates, see section 1858(d) of Pub. L. 112–10, set out as a note under section 36B of Title 26, Internal Revenue Code.
#### § 306.4 Purpose and scope.

The University Center Economic Development Program is intended to help improve the economies of distressed Regions. Institutions of higher education have many assets, such as faculty, staff, libraries, laboratories, and computer systems that can address local economic problems and opportunities. With Investment Assistance, institutions of higher education establish and operate research centers (“*University Centers”*) that provide technical assistance to public and private sector organizations with the goal of enhancing local economic development.

[79 FR 76132, Dec. 19, 2014]
### **CHAPTER 42—FEDERAL JUDICIAL CENTER**

Sec.
620.
Federal Judicial Center.
621.
Board; composition, tenure of members, compensation.
622.
Meetings; conduct of business.
623.
Duties of the Board.
624.
Powers of the Board.
625.
Director and staff.
626.
Compensation of the Director and Deputy Director.
627.
Retirement; employee benefits.
628.
Appropriations and accounting.
629.
Federal Judicial Center Foundation.

#### **Editorial Notes**

#### Amendments

**1988**—Pub. L. 100–702, title III, §§301(b), 304(b)(2), Nov. 19, 1988, 102 Stat. 4647, 4648, inserted "and Deputy Director" after "Director" in item 626 and added item 629.

**1978**—Pub. L. 95–598, title II, §230(2), Nov. 6, 1978, 92 Stat. 2665, struck out item 629 "Organizational provisions".

**1967**—Pub. L. 90–219, title I, §101, Dec. 20, 1967, 81 Stat. 664, added chapter 42 and items 620 to 629.
# Sheet1

EA-10-257

EA-11-014

EA-10-192

EA-10-207

EA-10-205

EA-10-234

EA-10-084

EA-10-094

EA-10-080

EA-10-037

EA-09-252

EA-10-009

EA-09-332

EA-09-307

EA-09-321

EA-09-259

EA-09-283

EA-09-248

EA-09-269

EA-09-018

EA-09-009; EA-09-203

EA-09-007, EA-09-059

EA-09-262

EA-09-145

EA-09-249

EA-09-193

EA-09-172

EA-09-167

EA-09-103

EA-09-012

EA-09-054

EA-09-045

EA-09-083

EA-09-010

EA-08-349

EA-08-351

EA-08-324

EA-08-322

EA-08-272

EA-08-211

EA-08-298

EA-11-027

EA-11-008

EA-10-272

EA-10-077

EA-10-100

EA-10-182

EA-10-041

EA-10-171

EA-10-140

EA-10-077

EA-10-135

EA-10-174

EA-10-100

EA-10-085

EA-10-138

EA-09-258

EA-10-113

EA-10-141

EA-10-081

EA-10-066

EA-10-110

EA-10-069

EA-10-062

EA-10-068

EA-10-044

EA-10-023

EA-10-063

EA-10-025

EA-08-184

EA-09-038

EA-10-014

EA-09-082

EA-09-142

EA-09-289

EA-09-312

EA-09-335

EA-09-290

EA-09-040

EA-09-147

EA-09-266

EA-09-221

EA-09-260

EA-09-187

EA-09-084

EA-09-212

EA-09-253

EA-09-188

EA-09-114

EA-09-182

EA-09-181

EA-09-030

EA-09-020

EA-08-332

EA-09-067

EA-09-039

EA-09-019

EA-09-047

EA-09-071

EA-09-034

EA-08-332

EA-08-158

EA-08-271

EA-08-261

EA-08-329

EA-08-237

EA-08-303

EA-08-286

IA-10-010

IA-09-035

IA-10-028

IA-10-028

IA-09-075

IA-09-025

IA-09-012

IA-08-036

IA-09-021

IA-09-026

IA-08-072

EA-08-301

EA-10-054

EA-10-076

EA-10-124

EA-08-204

EA-10-086

EA-09-268

EA-09-272

EA-09-263

EA-09-117

EA-08-321

EA-08-103

EA-08-344

EA-08-280

EA-06-140

EA-08-244

EA-08-330

EA-11-018

EA-11-016

EA-10-096

EA-11-100

EA-10-231

EA-11-009

EA-11-115

EA-11-022

EA-10-258

EA-11-024

EA-11-025

EA-11-088

EA-11-094

EA-11-083

EA-11-047

EA-11-110

EA-11-148

EA-11-056

EA-11-096

EA-11-010

EA-11-037

EA-10-161

EA-10-129

EA-11-145

EA-11-163

IA-11-056

EA-11-109

EA-11-165

EA-11-061

EA-11-179

EA-11-174

EA-10-153

EA-11-142

IA-11-037

EA-11-209

EA-11-221

EA-11-226

EA-11-208

EA-11-251

EA-11-095

EA-11-146

EA-11-086

EA-11-222

EA-11-098

EA-11-227

EA-10-090EA-10-248EA-11-106

EA-11-071

EA-11-219

EA-11-214

IA-11-061

EA-11-252

EA-11-159

IA-11-041

IA-11-045

IA-11-040

IA-11-044

IA-11-047

IA-11-039

IA-11-046

IA-11-043

IA-11-042

EA-11-241

EA-11-243

EA-11-138

EA-12-001

IA-12-003

EA-11-242

EA-12-014

EA-11-270

EA-11-276

EA-12-013

EA-12-023

EA-11-228

EA-12-075

EA-09-328

EA-11-254

EA-12-071

IA-11-032

EA-11-233

EA-12-031

EA-12-088

EA-12-021

EA-12-133

EA-12-093

EA-12-106

EA-10-102

EA-12-068

EA-12-142

EA-12-077

IA-11-036

IA-12-037

EA-12-152

IA-12-043

EA-12-033

EA-12-108

# Sheet2

# Sheet3

# Sheet4

# Sheet5
#### § 500.203 Guarantee percentage.

A guarantee issued by the Board may not exceed 85 percent of the amount of the principal of a loan to a Qualified Oil and Gas Company.
### [§7267. Repealed. Pub. L. 94–455, title XIX, §1904(b)(8)(E)(i), Oct. 4, 1976, 90 Stat. 1816]

Section, act Aug. 16, 1954, ch. 736, 68A Stat. 864, provided penalties for offenses relating to white phosphorus matches.

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

#### Effective Date of Repeal

Repeal effective on first day of first month which begins more than 90 days after Oct. 4, 1976, see section 1904(d) of Pub. L. 94–455, set out as an Effective Date of 1976 Amendment note under section 4041 of this title.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-61439-CIV-DIMITROULEAS

HOWARD COHAN,

Plaintiff,

vs.

PANDA EXPRESS, INC., et al,

Defendant.

____________________________________/

ORDER APPROVING VOLUNTARY DISMISSAL

THIS CAUSE is before the Court upon Plaintiff’s Notice of Voluntary Dismissal With 

Prejudice (the “Notice”) [DE 7], filed herein on August 19, 2020. The Court has carefully 

reviewed the Notice and is otherwise fully advised in the premises.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. The Notice [DE 7] is hereby APPROVED. 

2. This case is DISMISSED WITH PREJUDICE. 

3. The Clerk is directed to CLOSE this case and DENY any pending motions as moot. 

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida on 

this 24th day of August, 2020.

Copies furnished to: 

Counsel of Record

Case 0:20-cv-61439-WPD Document 8 Entered on FLSD Docket 08/24/2020 Page 1 of 1
#### The People of the State of New York, Respondent, v. Max Ostransky, Appellant.

Judgment affirmed. Ho opinion. Present — Ingraham, P. J., McLaughlin, Laughlin, Dowling and Hotchkiss, JJ.