alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### C. V. O’Connor, Appellee, v. P. R. Kennedy, Appellant.

Gen. No. 5,853.

(Not to be reported in full.)

Appeal from the Circuit Court of Boone county; the Hon. Chabres H. Donnerly, Judge, presiding.

Heard in this court at the October *278term, 1913.

Reversed and remanded.

Opinion filed April 15, 1914.

Statement of the Case.

Action by C. Y. 0 ’Connor against P. B. Kennedy to recover commission for selling a farm. It appeared that defendant sold a farm to a certain person and the plaintiff had some connection with the negotiations between defendant and the purchaser. The plaintiff claimed that he secured the purchaser and that defendant promised him a commission. From a judgment entered, on a verdict in favor of plaintiff for $608.54, defendant appeals.

Charles W. Ferguson and James M. Huff, for appellant.

William L. Pierce and Alexander J. Strom, for appellee.

Abstract of the Decision. 1. Brokers, § *27*
      ***
      *—right of person not a real estate agent to commissions.*The fact that a person is not a real estate agent but engaged in other business does not affect his right to recover a commission for the sale of a farm, if he at the instance of the owner procured a purchaser. 2. Brokers, § *84*
      ***
      *—admissibility of evidence.*In an action for commissions on the sale of a farm, admission in evidence of attempts by the defendant to sell the farm through other agents and of prices named by him and commissions offered, *held*prejudicial where it so appeared that the sale in question was a good one and more advantageous than would have been a sale under his former proposals; and the fact that defendant’s counsel in his opening statement to the jury and the plaintiff as a witness referred to the employment of other agents, *held*not to warrant admission of the evidence. 3. Instructions, § *89*
      ***
      *—when ignoring number of witnesses in determining preponderance of evidence not prejudicial.*The giving of an instruction: “That the fact that the number of witnesses testifying on one side is larger than the number testifying on the other side, does not necessarily, alone determine that the preponderance of *279the evidence is on the side for which the larger number testified. In order to determine that question, the jury must be influenced by and take into consideration the appearance and conduct of the witnesses while testifying; their apparent intelligence, or lack of it; their opportunity of knowing or seeing the fact, or subject concerning which they have testified, or the absence of such opportunity; their interest or absence of interest in the result of the case, and from all these facts as shown by the evidence, the jury must decide upon which side is the preponderance,” *held*not reversible error for improperly excluding the factor of the number of witnesses.

See Illinois Notes Digest, Vois. XI to XV and Cumulative Quarterly, same topic and section number.

*278Mr. Justice Carnes

delivered the opinion of the court.
### Opinion issued August 13, 2015

In The 

## Court of Appeals For The 

## First District of Texas

————————————



### NO. 01
- 1 5
- 00 632
- CV NO. 01
- 15
- 00633
- CV

——————————— IN RE D .B. , Relator

Original Proceeding on Petition for Writ of Mandamus 1



### MEMORANDUM OPINION Relator, De’Jean Bivens , has filed a petition for writ of mandamus, challenging the trial court’s order granting certification to try relator as an adult.
We deny the petition for writ of mandamus. See T EX


### . C ODE 

### C RIM


### . P ROC


### . A NN 

### . art. 44.47(b) (West 2006)

. 2 

### All pending motions are denied.

1 The respondent is the Honorable Glenn Devlin of the 313 th District Court of Harris County. The underlying suit is In the Matter of De’Jean Bivens , No s . 2014

- 06438J & 2014

- 06439J (313th Dist. Ct., Harris County, Tex).2 

### PER CURIAM Panel consists of Justices Jennings , Massengale , and Brown

.

2 The Legislature repealed section 44.47 , effective September 1, 2015 , but stated that “[a]n order waiving jurisdiction and transferring a child to criminal court that is issued before the effective date of this Act is governed by the law in effect on the date the order was issued

. ” See Act of May 13, 2015 , 84 th Leg., R.S. , S.B. 888, § 5 (to be codified as an amendment to T EX
. F AM
. C ODE A NN
. § 56.01)

. Because the trial court’s order issued before September 1, 2015, article 44.47 applies.
### §894f. Sexual assault defined

In this subchapter, the term "sexual assault" shall have the meaning given such term in section 12291(a) of title 34.

(Pub. L. 114–328, div. C, title XXXV, §3549, formerly §3547, Dec. 23, 2016, 130 Stat. 2805; renumbered §3549, Pub. L. 116–259, title V, §504(b)(1), Dec. 23, 2020, 134 Stat. 1180.)
### §1102. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 89–454, title I, §3, June 17, 1966, 80 Stat. 204; Pub. L. 89–670, §8(j), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90–242, §2, Jan. 2, 1968, 81 Stat. 780; Pub. L. 91–15, §1, May 23, 1969, 83 Stat. 10; Pub. L. 91–414, Sept. 25, 1970, 84 Stat. 865, established the National Council on Marine Resources and Engineering Development. The provisions of this chapter with respect to the Council expired on June 30, 1971, and the Council terminated on Apr. 30, 1971, for lack of funds.
### §701h–3. State contribution of funds for certain operation and maintenance costs

In carrying out eligible operations and maintenance activities within the Great Lakes Navigation System pursuant to section 2238 of this title in a State that has implemented any additional State limitation on the disposal of dredged material in the open waters of such State, the Secretary may, pursuant to section 701h of this title, receive from such State, and expend, such funds as may be contributed by the State to cover the additional costs for operations and maintenance activities for a harbor or inland harbor within such State that result from such limitation.

(Pub. L. 116–260, div. AA, title I, §107, Dec. 27, 2020, 134 Stat. 2623.)

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
#### Glen Oaks Club, Inc., Respondent, v. Glen Oaks Holding Co., Inc., Appellant, et al., Defendants.

Present — Nolan, P. J., Carswell, Johnston, Adel and Wenzel, JJ. [See *ante,*p. 719.]
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 Transitional Report of Lion Capital Holdings, Inc. (the
“Company”) on Form 10-KSB/A for the transitional period ended December 31,
2007(the “Report”), I, Timothy T. Page, Principal Executive Officer of 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 requirement 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 Company's financial position and results of operations.







September
18, 2008




/s/Timothy T.
Page


Timothy
T. Page


Principal Executive
Officer
### §59ll. Central Delaware River, Philadelphia, Pennsylvania

#### (a) Area to be declared nonnavigable

Subject to subsection (c), unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that there are substantive objections, those portions of the Delaware River, bounded by the former bulkhead and pierhead lines that were established by the Secretary of War and successors and described as follows, are declared to be nonnavigable waters of the United States:

(1) Piers 70 South through 38 South, encompassing an area bounded by the southern line of Moore Street extended to the northern line of Catherine Street extended, including the following piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, 53, 48, 46, 40, and 38.

(2) Piers 24 North through 72 North, encompassing an area bounded by the southern line of Callowhill Street extended to the northern line of East Fletcher Street extended, including the following piers: Piers 24, 25, 27–35, 35.5, 36, 37, 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, and Rivercenter.

#### (b) Public interest determination

The Secretary shall make the public interest determination under subsection (a) separately for each proposed project to be undertaken within the boundaries described in subsection (a), using reasonable discretion, not later than 150 days after the date of submission of appropriate plans for the proposed project.

#### (c) Limits on applicability

The declaration under subsection (a) shall apply only to those parts of the areas described in subsection (a) that are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina and recreation facilities.

(Pub. L. 114–322, title I, §1308, Dec. 16, 2016, 130 Stat. 1693.)

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
### §424a. Modification of harbor lines in Newport Harbor, California

The Secretary of the Army is authorized to modify from time to time, the harbor lines at Newport Harbor, California, established in pursuance of section 424 of this title: Provided, That in his opinion such modification will not injuriously affect the interests of navigation.

(Mar. 3, 1925, ch. 467, §10, 43 Stat. 1197; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

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

#### Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

#### Transfer of Functions

Functions, powers, and duties of Secretary of the Army and other offices and officers of Department of the Army under section 401 of this title to extent that they relate generally to location and clearances of bridges and causeways in navigable waters of United States transferred to and vested in Secretary of Transportation by Pub. L. 89–670, §6(g)(6)(A), Oct. 15, 1966, 80 Stat. 941, which created Department of Transportation. Pub. L. 97–449 amended section 401 of this title to reflect transfer made by section 6(g)(6)(A) of Pub. L. 89–670, and repealed section 6(g)(6)(A).
I 

108TH CONGRESS 

1ST SESSION H. R. 1735

To amend title 38, United States Code, to increase the maximum amount 

of a home loan guarantee available to a veteran. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mrs. DAVIS of California (for herself, Mr. THOMPSON of California, Ms. 

CORRINE BROWN of Florida, Mr. EVANS, Mr. REYES, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL

To amend title 38, United States Code, to increase the 

maximum amount of a home loan guarantee available 

to a veteran.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. INCREASE IN HOME LOAN GUARANTY AMOUNT 

4 FOR CONSTRUCTION AND PURCHASE OF 

5 HOMES. 

6 Section 3703(a)(1) of title 38, United States Code, 

7 is amended by striking ‘‘$60,000’’ each place it appears 
2

•HR 1735 IH 

1 in subparagraphs (A)(i)(IV) and (B) and inserting 

2 ‘‘$81,000’’.

Æ
### §2073. Repealed. Pub. L. 115–282, title VI, §601(c)(5), Dec. 4, 2018, 132 Stat. 4290

Section, Pub. L. 96–591, §5, Dec. 24, 1980, 94 Stat. 3434; Pub. L. 97–322, title I, §118(c), Oct. 15, 1982, 96 Stat. 1586; Pub. L. 98–557, §16(b)(2), Oct. 30, 1984, 98 Stat. 2866; Pub. L. 101–225, title I, §105(a)(1), Dec. 12, 1989, 103 Stat. 1909; Pub. L. 104–324, title III, §304(a), (g), Oct. 19, 1996, 110 Stat. 3917, 3918; Pub. L. 107–295, title III, §334, Nov. 25, 2002, 116 Stat. 2105; Pub. L. 108–293, title IV, §418(e), Aug. 9, 2004, 118 Stat. 1049; Pub. L. 111–281, title VI, §621(f), Oct. 15, 2010, 124 Stat. 2977, related to the establishment of the Navigation Safety Advisory Council. See section 15107 of Title 46, Shipping.
#### § 359.807 Records.

The agency shall preserve all records relating to an action under this subpart for at least one year from the effective date of the action.
§ 412.301 Obtaining approval to conduct a Senior Executive Service candidate development program (SESCDP). ( a ) An SESCDP is an OPM-approved training program designed to develop the executive qualifications of employees with strong executive potential to qualify them for and authorize their initial career appointment in the SES. An agency conducting an SESCDP may submit program graduates for Qualifications Review Board (QRB) review of their executive qualifications under 5 CFR 317.502. A program graduate certified by a QRB may receive an initial career appointment without further competition to any SES position for which he or she meets the professional and technical qualifications requirements.
( b ) An agency covered by subchapter II of chapter 31 of title 5, United States Code, may apply to OPM to conduct an SESCDP alone or on behalf of a group of agencies. (In this subpart, the term “agency” refers to either a single agency or a group of agencies acting in partnership under this subpart.) Any agency developing an SESCDP must submit a policy document describing its program methodologies to OPM for formal approval before implementing the SESCDP. An agency must seek OPM approval every five years thereafter, and must also consult OPM before implementing a change substantially altering how the SESCDP complies with the requirements of this regulation. An agency implementing an SESCDP without first obtaining formal approval may not submit graduates of the program for QRB review.
( c ) An agency that obtained OPM approval under previous regulations must apply for re-approval in accordance with requirements in paragraph (b) and this subpart before initiating a new SESCDP. All existing SESCDP approvals expire within 2 years after publication of this regulation.
( d ) An agency covered by subchapter II of chapter 31 of title 5, United States Code, may authorize a major agency component employing senior executives to apply directly to OPM for approval to conduct an SESCDP. Such an application from a component must be accompanied by the agency's written endorsement. To obtain approval, the component must meet the SESCDP requirements of this subpart independent of agency involvement.
( e ) As always, agencies should be mindful of merit principles in carrying out their functions under this subpart.
### Part B—Charles Grassley Juvenile Justice and Delinquency Prevention Program

#### **Editorial Notes**

#### Codification

Pub. L. 115–385, title II, §204(c)(1), Dec. 21, 2018, 132 Stat. 5130, substituted "Charles Grassley Juvenile Justice and Delinquency Prevention Program" for "Federal Assistance for State and Local Programs" in part heading.

Pub. L. 100–690, title VII, §7263(a)(1)(A), Nov. 18, 1988, 102 Stat. 4443, struck out subpart I heading "Formula Grants" in part B.
#### § 575.202 Definitions.

In this subpart:

*Agency* means an executive agency or a legislative branch agency included in 5 U.S.C. 5102(a)(1).

*Authorized agency official* means the head of an agency or an official who is authorized to act for the head of the agency in the matter concerned.

*Competencies* means the knowledge, skills, abilities, behaviors, and other characteristics an employee needs to perform the duties of a position.

*Employee* has the meaning given that term in 5 U.S.C. 2105, except that the term also includes an employee described in 5 U.S.C. 2105(c). For the purpose of determining whether an individual had status as an employee of the Federal Government immediately prior to the relocation (*i.e.*, in § 575.205(a)(2)), *employee* also includes an employee described in 5 U.S.C. 2105(e).

*Executive agency* has the meaning given that term in 5 U.S.C. 105.

*Federal Government* means all entities of the Government of the United States, including the United States Postal Service and the Postal Regulatory Commission.

*OPM* means the Office of Personnel Management.

*Rate of basic pay* means the rate of pay fixed by law or administrative action for the position to which the employee is relocated before deductions and including any special rate under 5 CFR part 530, subpart C, or similar payment under other legal authority, and any locality-based comparability payment under 5 CFR part 531, subpart F, or similar payment under other legal authority, but excluding additional pay of any other kind. For example, a *rate of basic pay* does not include additional pay such as night shift differentials under 5 U.S.C. 5343(f) or environmental differentials under 5 U.S.C. 5343(c)(4).

*Service agreement* means a written agreement between an agency and an employee under which the employee agrees to a specified period of employment of not more than 4 years with the agency at the new duty station to which relocated in return for payment of a relocation incentive.

[70 FR 25743, May 13, 2005, as amended at 72 FR 67838, Dec. 3, 2007]
### Regulatory Evaluation

Docket No. FAA

# 2ot</-1/M- 

## 2.?,5-A-S> Directorate Identifier: -AD
{(V0/1 

### make chmzges to the \'1.1//leS ill the ta!J/e hdow. )'OU 

### 111//St ens/Ire the totals upJute UCCOrJingfy {{ 1/zey do not, click (or Tuh) illto wul then out of/he changed cell

. Estimated Costs: Action Costs per Product (e.g., aircraft, engine, (e.g., Inspection, propeller, appliance)

replacement) Work-hours Labor Parts Cost Total Costs Number of Total Cost Do not include on- (include cost (labor + 

## u.s. for U.S. Fleet condition costs here access, testing, (@$85/h parts) Registered and close-up) our) Products Incorporate AFM TRinAFM 1.0 $0 

### 91 Emergency Procedure

I o I

The known number ofproducts in compliance: 0 Total Costs ofcompliance for U.S. fleet: $7,735 Costs covered under warranty (if 

### known) $0
On-Condition Costs: Action Work-hours Labor cost Parts Cost Cost per Product (e.g., Inspection, (include access, (@$85/hour)

replacement) testing, and closeup) $0



### Special considerations for Economic Analysis (Use thisfield to explain anything in the Estimated Costs table that was assumed or might not be obvious. Thisfield can also be used to explain warranty costs):

### Executive Order 12866: Could the AD be considered a " significant regulatory action"?



# · YES* 

# D NO 

### [2J *Explanation: 

### DOT Regulatory Policies and Procedures:
Is the AD significant?



# ~ YES* 

# D NO 

### [2J *Explanation: 

### Regulatory Flexibility Act: Will the AD have a significant economic impact on a substantial number of small entities? Explain for either a Yes or No



# answer.~ YES 

# D NO 

### [2J Explanation: 

### Intrastate Aviation in Alaska: This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements for aircraft operated in Alaska where aviation might be the only mode oftransportation?



# ~ YES* 

# D NO 

### [2J *Explanation:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                              35
<SECURITIES>                                         0
<RECEIVABLES>                                     1877
<ALLOWANCES>                                       110
<INVENTORY>                                       6493
<CURRENT-ASSETS>                                 10642
<PP&E>                                            2252
<DEPRECIATION>                                    1732
<TOTAL-ASSETS>                                   18432
<CURRENT-LIABILITIES>                             5964
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           103
<OTHER-SE>                                        8242
<TOTAL-LIABILITY-AND-EQUITY>                     18432
<SALES>                                           2830
<TOTAL-REVENUES>                                  2830
<CGS>                                             1917
<TOTAL-COSTS>                                     1917
<OTHER-EXPENSES>                                   841
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 173
<INCOME-PRETAX>                                   (90)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               (90)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (90)
<EPS-BASIC>                                      (.01)
<EPS-DILUTED>                                    (.01)


</TABLE>
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

AnworthMortgage Asset Corporation 

Santa Monica, California 

We consent to the incorporation by reference in Registration Statement on Form S-3 (No. 333-115392, No. 333-143173, No. 333-150210 and No. 333-164046) and Form S-8 (No. 333-70478,No. 333-96563, No. 333-104227 and No. 333-129528) of Anworth Mortgage Asset Corporation of our reports dated February 26, 2010, relating to the financial statements, the financial statement schedule and internal control overfinancial reporting, which appear in this Annual Report on Form 10-K of Anworth Mortgage Asset Corporation for the year ended December 31, 2009. 

McGladrey & Pullen, LLP 

Irvine, California 

February 26, 2010
EXHIBIT 32.2


                            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 Quarterly Report of American Bio Medica Corporation
(the "Company") on Form 10-QSB for the period ending June 30, 2005 as filed with
the Securities and Exchange Commission on August 12, 2005 (the "Report"), I,
Keith E. Palmer, Chief Financial Officer and Executive Vice President of the
Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, that:

            (1)   The Report fully complies with the requirements of section
                  13(a) or 15(d) of the Securities Exchange Act of 1934; and

            (2)   The information contained in the Report fairly presents, in
                  all material respects, the financial condition and results of
                  operations of the Company.




                                         /s/ Keith E. Palmer
                                         --------------------------
                                         Keith E. Palmer
                                         Chief Financial Officer and
                                         Executive Vice President

                                         August 12, 2005


                                       21