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

(193 N. W. 138.)

(File No. 5208.

Opinion filed April 13, 1923.)

Appeal and. Error — Judgment Notwithstanding Verdict — Order Denying Judgment Notwithstanding Verdict is Not Appealable.

An order denying a motion for judgment notwithstanding the verdict is not appealable, under Rev. Code 1919, Sec. 1368, describing the orders that are appealable, so that where plaintiff moved in the alternative for such judgment or for a new trial, 'and-the court by one order granted ithe new trial, so that plaintiff was not aggrieved by the order in that respect, but denied the motion for judgment notwithstanding the verdict, an appeal by plaintiff from the order must be dismissed.

Appeal from Circuit 'Court, Tripp County;. Hon. N. D. Burch, Judge.

Action by Herman Severin against William E. Medearis. On-plaintiff’s motion for judgment notwithstanding the verdict or for a new trial, the judgment was refused and a new trial granted, and plaintiff appeals from the whole order.

Appeal dismissed.

*409
      *P. A.*Hosford, of Winner, for Appellant.

*Roscoe Knodell,*of Winner, for Respondent.

Appellant cited: Westacott v. Handley, 124 N. W. 226.

Respondent cited: Wood v. Follat, 14 S. D. 44, 8.4 N. W. 214; Ripon Hardware Co. v. Dodge et al (Wis.), 123 N. W. 659; Stratton v. Rosenquist (N. D.), 163 N. W. 723; 23 Cyc. 778; First State Bank v. Kelley (N. D.), 125 N. W. 125; Cruikshank v. St. Paul Fire & aMrine Ins. Co., 77 N. W. 958; Welch v. Northern Pac. Ry. Co., 103 N. W. 296; Scanlon v. W'anless, 184 N. W. 570.

GATES, J.

Action upon an account for corn and twine furnished, for the use of a binder, and for services in cutting grain, amounting, less a credit, to $79.82, and for services in threshing amounting to $236.32. To the last item defendant pleaded noncompliance by, plaintiff with the provisions of chapter 362, Laws 1919.

At the conclusion of the evidence plaintiff moved for a directed verdict for the whole amount of his claim, which was denied. Thereupon the court directed a verdict for plaintiff for the above items aggregating $79.82. Plaintiff moved in the alternative for judgment notwithstanding the verdict or for a new trial. In one order the court denied the motion for judgment non obstante and granted the motion for a new trial. Plaintiff appeals from the whole of the order.

In so far as the order granted a new trial plaintiff is not aggrieved, and hence has no right of appeal. Rev. Code 1919, § 3145. Section 3168, Rev. Code 1919, describes orders that are appealable. An order denying a miotion for judgment non obstante veredicto is not embraced in any of the provisions of said section, and hence is not appealable. Ripon Hardware Co. v. Hass, 141 Wis. 65, 123 N. W. 659; Stratton v. Rosenquist, 37 N. D. 116, 163 N. W. 723.

The appeal is dismissed.

Note — Reported in 193 N. W. 138. See American Key-Numbered Digest, Appeal and Error, Key-No. 109, 3 C. J. Sec. 343.
EXHIBIT 32

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 of Kaiser Ventures LLC (the Company) on
Form 10-K for the year ended December 31, 2010, as filed with the Securities and Exchange Commission as of the date hereof (the Report), we, Richard E. Stoddard, Chief Executive Officer and James F. Verhey, Chief Financial
Officer of Kaiser Ventures LLC (the Company), certify 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, as amended; 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: March 23, 2011 |  |  |  | /s/ Richard E. Stoddard               
|                     |  |  |  | Richard E. Stoddard                   
|                     |  |  |  | Chairman of the Board, President & CEO



| |  |  |  |                                         
| |  |  |  | ----------------------------------------
| |  |  |  | /s/ James F. Verhey                     
| |  |  |  | James F. Verhey                         
| |  |  |  | Executive Vice President  CFO          
| |  |  |  | Principal Financial & Accounting Officer

A signed original of this written statement 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.

This certification accompanies this Report on Form 10-K pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not,
except to the extent required by such Act, the deemed filed by the Company for purposed of Section 18 of the Securities Exchange Act of 1934, as amended (the Exchange Act). Such certification will not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporated it by reference.
§ 15.4 Inspection. ( a ) *In general.* All vehicles, packages, handbags, briefcases, and other containers being brought into, while on or being removed from Mt. Weather or the NETC are subject to inspection by the Police/Security Force and other authorized officials. A full search of a vehicle or person may accompany an arrest.
( b ) *Inspection at Mt. Weather.* We authorize inspection at Mt. Weather to prevent the possession and use of items prohibited by these rules and regulations or by other applicable laws, to prevent theft of property and to prevent the wrongful obtaining of defense information under 18 U.S.C. 793. If individuals object to such inspections they must tell the officer on duty at the entrance gate before entering Mt. Weather. The Police/Security Force and other authorized officials must not authorize or allow individuals who refuse to permit an inspection of their vehicle or possessions to enter the premises of Mt. Weather.
§ 208.33 Allowable costs. ( a ) *Cost neutrality.* DHS policy is that an Alert or Activation should be as cost neutral as possible to Sponsoring Agencies and Participating Agencies. To make an Alert or Activation cost-neutral, DHS will reimburse under this subpart all reasonable, allowable, necessary and allocable costs that a Sponsoring Agency or Participating Agency incurs during the Alert or Activation.
( b ) *Actual costs.* Notwithstanding any other provision of this chapter, DHS will not reimburse a Sponsoring Agency or Participating Agency for any costs greater than those that the Sponsoring Agency or Participating Agency actually incurs during an Alert, Activation.
( c ) *Normal or predetermined practices.* Consistent with 2 CFR parts 200 and 3002, Sponsoring Agencies and Participating Agencies must adhere to their own normal and predetermined practices and policies of general application when requesting reimbursement from DHS except as it sets out in this subpart.
( d ) *Indirect costs.* Indirect costs beyond the administrative and management costs allowance established by § 208.41 of this part are not allowable.
[70 FR 9194, Feb. 24, 2005, as amended at 79 FR 76087, Dec. 19, 2014]
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DANIEL C. KOSCHER,

Appellant,

v.

MARCIE KOSCHER,

Appellee.

No. 4D18-2090

[November 27, 2019]

Appeal and cross-appeal from the Circuit Court for the Seventeenth 

Judicial Circuit, Broward County; Andrea Gundersen, Judge; L.T. Case 

No. FMCE 13-001703.

Michael L. Lundy and Kim A. Hamill of Older, Lundy & Alvarez, 

Attorneys at Law, Tampa, for appellant.

Terrence P. O'Connor of Morgan. Carratt & O'Connor, P.A., Fort 

Lauderdale, for appellee.

PER CURIAM.

Affirmed.

GROSS, KLINGENSMITH and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
### §2616. Investigative authority

#### (a) In general

To ensure compliance with the provisions of this subchapter, or any regulation or order issued under this subchapter, the Secretary shall have, subject to subsection (c), the investigative authority provided under section 211(a) of this title.

#### (b) Obligation to keep and preserve records

Any employer shall make, keep, and preserve records pertaining to compliance with this subchapter in accordance with section 211(c) of this title and in accordance with regulations issued by the Secretary.

#### (c) Required submissions generally limited to annual basis

The Secretary shall not under the authority of this section require any employer or any plan, fund, or program to submit to the Secretary any books or records more than once during any 12-month period, unless the Secretary has reasonable cause to believe there may exist a violation of this subchapter or any regulation or order issued pursuant to this subchapter, or is investigating a charge pursuant to section 2617(b) of this title.

#### (d) Subpoena powers

For the purposes of any investigation provided for in this section, the Secretary shall have the subpoena authority provided for under section 209 of this title.

(Pub. L. 103–3, title I, §106, Feb. 5, 1993, 107 Stat. 15.)

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

#### Effective Date

Section effective 6 months after Feb. 5, 1993, except that, in the case of collective bargaining agreements in effect on that effective date, section applicable on the earlier of (1) the date of termination of such agreement, or (2) the date that occurs 12 months after Feb. 5, 1993, see section 405(b) of Pub. L. 103–3, set out as a note under section 2601 of this title.
Contacts. With whom outside the FAA has this proposal been discussed?

Organization Person Contacted Date Response

,,"ational Business Aircrafl Assoeiation Eli Cotti 1/4/01 -

Regional Airline Association Dave Lotter~r /1/6/01 -

I

Aircraft Owners & Pilots Associ<ltion Robert Hackman

I db/o4

ATA Craig Fabian !1/iJriL -
#### In the Matter of Toni Frissell, Petitioner, against Joseph D. McGoldrick, as Comptroller of the City of New York, et al., Respondents.

No opinion. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See *post,*p. 904.]
[Federal Register Volume 69, Number 23 (Wednesday, February 4, 2004)]
[Notices]
[Page 5385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2300]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 2 Taxpayer Advocacy Panel (Including the 
States of Delaware, North Carolina, South Carolina, New Jersey, 
Maryland, Pennsylvania, Virginia and the District of Columbia)

AGENCY: Internal Revenue Service (IRS) Treasury.

ACTION: Notice.

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

SUMMARY: An open meeting of the Area 2 Taxpayer Advocacy Panel will be 
conducted (via teleconference). The Taxpayer Advocacy Panel is 
soliciting public comments, ideas, and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Tuesday, March 2, 2004, from 3 p.m. EST 
to 4:30 p.m. EST.

FOR FURTHER INFORMATION CONTACT: Inez E. De Jesus at 1-888-912-1227, or 
954-423-7977.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Area 2 Taxpayer Advocacy Panel will be held 
Tuesday, March 2, 2004, from 3 p.m. EST to 4:30 p.m. EST via a 
telephone conference call. Individual comments will be limited to 5 
minutes. If you would like to have the TAP consider a written 
statement, please call 1-888-912-1227 or 954-423-7977, or write Inez E. 
De Jesus, TAP Office, 1000 South Pine Island Rd., Suite 340, 
Plantation, FL 33324. Due to limited conference lines, notification of 
intent to participate in the telephone conference call meeting must be 
made with Inez E. De Jesus. Ms. De Jesus can be reached at 1-888-912-
1227 or 954-423-7977.
    The agenda will include the following: Various IRS issues.

    Dated: January 30, 2004.
Bernard Coston,
Director, Taxpayer Advocacy Panel.
[FR Doc. 04-2300 Filed 2-3-04; 8:45 am]
BILLING CODE 4830-01-P
§ 5473.4-1 Reappraisal. ( a ) If an extension is granted under § 5473.4(a), reappraisal by the contracting officer of the material sold will be in accordance with this section.
( b ) For a cruise sale the timber sold remaining on the contract area shall be reappraised for the purpose of computing the reappraised total purchase price. The reappraised total purchase price shall not be less than the total purchase price established by the contract or last extension. The authorized officer may require that the reappraised total purchase price shall be paid in advance as a condition of granting an extension.
( c ) For a scale sale each species of timber remaining on the contract area shall be reappraised. The reappraised unit price for each species shall be effective for the remaining life of the contract: *Provided, however,* The reappraised unit price for each species shall not be less than the unit price established by the contract or previous extension.
[52 FR 42587, Nov. 5, 1987 and 53 FR 31002, Aug. 17, 1988, as amended at 56 FR 33833, July 23, 1991; 57 FR 37477, Aug. 19, 1992]
§ 114.102 When, where and how do I present a claim? ( a ) *When.* You must present your claim within 2 years of the date of accrual.
( b ) *Where.* You may present your claim at the SBA District Office nearest to the site of the action giving rise to the claim and within the same state as the site. If your claim is based on the acts or omissions of an employee of SBA's Disaster Assistance Program, you may present your claim either to the appropriate SBA District Office or to the Disaster Assistance Office nearest to the site of the action giving rise to the claim.
( c ) *How.* You must use an official form which can be obtained from the SBA office where you file the claim or give other written notice of your claim, stating the specific amount of your alleged damages and providing enough information to enable SBA to investigate your claim. You may present your claim in person or by mail, but your claim will not be considered presented until SBA receives the written information.
[64 FR 40283, July 26, 1999]
#### § 208.9 Agreements between Sponsoring Agencies and Participating Agencies.

Every agreement between a Sponsoring Agency and a Participating Agency regarding the System must include a provision making this part applicable to the Participating Agency and its employees who engage in System activities.
458 P.2d 859

#### STATE of New Mexico, Plaintiff-Appellee, v. Juan Jose LOPEZ, Defendant-Appellant.

No. 8902.

Supreme Court of New Mexico.

Sept. 17, 1969.

Ordered that petition for writ of certiorari be and the same is hereby denied.

Further ordered that the record in Court of Appeals Cause No. 276, 80 N.M. 599, 458 P.2d 851, be and the same is hereby returned to the Clerk of the Court of Appeals.
```

[110th Congress Public Law 225]
[From the U.S. Government Printing Office]

[DOCID: f:publ225.110]

[[Page 122 STAT. 738]]

Public Law 110-225
110th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 2650 Dr. Martin Luther King Jr. Street, Indianapolis, Indiana, as the 
       ``Julia M. Carson Post Office <<NOTE: May 7, 2008 -  [H.R. 
                           5472]>> Building''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. JULIA M. CARSON POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 2650 Dr. Martin Luther King Jr. Street, Indianapolis, 
Indiana, shall be known and designated as the ``Julia M. Carson Post 
Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Julia M. 
Carson Post Office Building''.

    Approved May 7, 2008.

LEGISLATIVE HISTORY--H.R. 5472 (S. 2534):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 154 (2008):
            Apr. 9, considered and passed House.
            Apr. 22, considered and passed Senate.

                                  <all>
```
#### § 113.550 Sex as a bona fide occupational qualification.

A recipient may take action otherwise prohibited by §§ 113.500 through 113.550 provided it is shown that sex is a bona fide occupational qualification for that action, such that consideration of sex with regard to such action is essential to successful operation of the employment function concerned. A recipient shall not take action pursuant to this section that is based upon alleged comparative employment characteristics or stereotyped characterizations of one or the other sex, or upon preference based on sex of the recipient, employees, students, or other persons, but nothing contained in this section shall prevent a recipient from considering an employee's sex in relation to employment in a locker room or toilet facility used only by members of one sex.
§ 310.2 Pressing need; alleviation of unemployment or underemployment. ( a ) The Assistant Secretary may find a pressing need to exist if the Region which the Project will serve: ( 1 ) Has a unique or urgent circumstance that would necessitate waiver of the CEDS requirements of § 303.7 of this chapter;
( 2 ) Involves a Project undertaken by an Indian Tribe;
( 3 ) Is rural and severely distressed;
( 4 ) Is undergoing a transition in its economic base as a result of changing trade patterns (e.g., the Region is certified as eligible by the North American Development Bank Program or the Community Adjustment and Investment Program);
( 5 ) Exhibits a substantial reliance on a natural resource for its economic well-being;
( 6 ) Has been designated as a Federally Declared Disaster area; or
( 7 ) Has a Special Need.
( b ) For purposes of this part, excessive unemployment exists if the 24-month unemployment rate is at least 225 percent of the national average or the per capita income is not more than 50 percent of the national average. A Region demonstrates excessive underemployment if the employment of a substantial percentage of workers in the Region is less than full-time or at less skilled tasks than their training or abilities would otherwise permit. Eligible Applicants seeking a Special Impact Area designation under this criterion must present appropriate and compelling economic and demographic data.
( c ) Eligible Applicants may demonstrate the provision of useful employment opportunities by quantifying and evidencing the Project's prospective: ( 1 ) Creation of jobs;
( 2 ) Commitment of financial investment by private entities; or
( 3 ) Application of innovative technology that will lead to the creation of jobs or the commitment of financial investment by private entities.
[71 FR 56675, Sept. 27, 2006, as amended at 79 FR 76136, Dec. 19, 2014]
Exhibit 99.1


                                 CERTIFICATION




I, Timothy Kelley Millet, certify that:

     1.   I have reviewed this annual report on Form 10-K, and all reports on
          Form 8-K containing distribution or servicing reports filed in
          respect of periods included in the year covered by this annual
          report, of Trust Certificates (TRUCs), Series 2001-1 Trust;

     2.   Based on my knowledge, the information in these reports, taken as a
          whole, 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 as of the last day of the period covered by this
          annual report;

     3.   Based on my knowledge, the distribution or servicing information
          required to be provided to the depositor by the trustee under the
          trust agreement for inclusion in these reports is included in these
          reports; and

     4.   I am responsible for reviewing the activities performed by the
          depositor and the trustee under the trust agreement and based upon
          my knowledge and the annual compliance review required under that
          agreement, and except as disclosed in the reports, the depositor and
          the trustee have each fulfilled its obligations under that
          agreement.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: U.S. Bank Trust National
Association, as trustee, and its officers and agents.

                         By: /s/ Timothy Kelley Millet
                         -------------------------------
                         Name:   Timothy Kelley Millet
                         Title:  Chief Executive Officer/President
                                 Bear Stearns Depositor Inc.
                         Date:   March 28, 2005
#### § 296.34 Supplementing claims.

A claimant may amend the Notice of Loss to include additional claims at any time before signing a Proof of Loss. After the claimant has submitted a Proof of Loss and before submission of a Release and Certification Form, a claimant may request that the Director of the Claims Office consider one or more injuries not addressed in the Proof of Loss. The request must be submitted in writing to the Director of the Claims Office and received not later than the deadline for filing an Administrative Appeal under § 296.32 or November 14, 2024, whichever is earlier. It must be supported by the claimant's explanation of why the injury was not previously reported. If good cause is found to consider the additional injury, the Director will determine whether compensation is due to the claimant for the Loss under the Administrative Appeal procedures described in § 296.41.
### §2811. Repealed. Pub. L. 113–128, title V, §511(a), July 22, 2014, 128 Stat. 1705

Section, Pub. L. 105–220, title I, §106, Aug. 7, 1998, 112 Stat. 945, stated purpose of this subchapter.

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

#### Effective Date of Repeal

Repeal effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of this title.
----

----

|   | 1. | The      Report fully complies with the requirements of Section 13(a) or      15(d), as applicable, 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. |
|--------|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    |   | /S/ DAVID G.      DERRICK                          |
|--------|--------|----------------------------------------------------|
|   |   | David      G. Derrick                              |
|   |   | Chief      Executive OfficerDecember      24, 2008 |

| By:    |   | /S/ MICHAEL G.      ACTON                          |
|--------|--------|----------------------------------------------------|
|   |   | Michael      G. Acton                              |
|   |   | Chief      Financial OfficerDecember      24, 2008 |

----