alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cathy Zambrano et al., Appellants, v Pilhwan Seok, Respondent.

[715 NYS2d 750]

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (LaTorella, J.), dated October 22, 1999, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The undisputed facts establish that the vehicle driven by the plaintiff, Hector Zambrano, was traveling west on 41st Avenue in Queens. As Zambrano made a left turn across 41st Avenue, his vehicle collided with the defendant’s car, which was traveling east on 41st Avenue. Zambrano testified at his examination before trial that he did not see the defendant’s car before the accident notwithstanding that he stopped for five to six seconds to look for eastbound traffic on 41st Avenue.

Under these circumstances, Zambrano was clearly negligent in failing to see that which he should have seen by the proper use of his senses. Accordingly, the Supreme Court properly granted the defendant’s motion for summary judgment *(see, Feder v Greco,*240 AD2d 364). Mangano, P. J., S. Miller, McGinity, Luciano and Smith, JJ., concur.
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. SS.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection  with the Quarterly  Report of Advanced Optics  Electronics,  Inc.
(the  "Company") on Form 10-QSB for the nine months ended  September 30, 2005 as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"),  I, John Cousins,  Chief Financial  Officer of the Company,  certify,
pursuant  to 18 U.S.C.  ss.1350,  as  adopted  pursuant  to  Section  906 of the
Sarbanes-Oxley Act of 2002, that:

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

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

                                                         /S/ JOHN COUSINS
                                                         -----------------------
                                                         Chief Financial Officer
                                                         November 11, 2005

A signed  original of this written  statement  required by Section 906, an 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.
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LAURA FUJISAWA, et al.

Plaintiff(s),

v.

COMPASS VISION, INC., et

al.,

Defendant(s).

)

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No. C07-5642 BZ

Related Cases: C07-3431 BZ

 C08-4118 BZ

 C09-2016 BZ

ORDER TO REPLY

The Diepenbrock firm is ORDERED to reply to the

opposition filed by Compass Vision by 5:00 p.m., Monday, 

June 14, 2010. The Court is especially troubled by the

apparent factual dispute over the role Mr. Swider was to play

and over whether Compass Vision is willing to pay

Diepenbrock’s fees. Authority which discusses whether nonpayment of fees is grounds for withdrawal under California law

would also be helpful. Diepenbrock and Mr. Swider shall bring

copies of their respective retainer agreements to the hearing. 

///

///

///

Case 3:08-cv-04118-BZ Document 91 Filed 06/11/10 Page 1 of 2
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A hearing on the matter is scheduled for Wednesday, June 16,

2010 at 10:00 a.m., in Courtroom G, 15th Floor, Federal

Building, 450 Golden Gate Avenue, San Francisco, California

94102. 

 Dated: June 11, 2010 

 Bernard Zimmerman

 United States Magistrate Judge

G:\BZALL\-BZCASES\FUJISAWA V. COMPASS VISION\ORDER TO REPLY.wpd

Case 3:08-cv-04118-BZ Document 91 Filed 06/11/10 Page 2 of 2
### §295c. Preventive medicine and public health training grant program

#### (a) Grants

The Secretary, acting through the Administrator of the Health Resources and Services Administration and in consultation with the Director of the Centers for Disease Control and Prevention, shall award grants to, or enter into contracts with, eligible entities to provide training to graduate medical residents in preventive medicine specialties.

#### (b) Eligibility

To be eligible for a grant or contract under subsection (a), an entity shall be—

(1) an accredited school of public health or school of medicine or osteopathic medicine;

(2) an accredited public or private nonprofit hospital;

(3) a State, local, or tribal health department; or

(4) a consortium of 2 or more entities described in paragraphs (1) through (3).

#### (c) Use of funds

Amounts received under a grant or contract under this section shall be used to—

(1) plan, develop (including the development of curricula), operate, or participate in an accredited residency or internship program in preventive medicine or public health;

(2) defray the costs of practicum experiences, as required in such a program; and

(3) establish, maintain, or improve—

(A) academic administrative units (including departments, divisions, or other appropriate units) in preventive medicine and public health; or

(B) programs that improve clinical teaching in preventive medicine and public health.

#### (d) Report

The Secretary shall submit to the Congress an annual report on the program carried out under this section.

(July 1, 1944, ch. 373, title VII, §768, as added Pub. L. 105–392, title I, §105, Nov. 13, 1998, 112 Stat. 3555; amended Pub. L. 111–148, title X, §10501(m)(1), Mar. 23, 2010, 124 Stat. 1001.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 295c, act July 1, 1944, ch. 373, title VII, §764, as added Dec. 25, 1970, Pub. L. 91–696, §101, 84 Stat. 2080–2; amended Oct. 17, 1979, Pub. L. 96–88, title III, §301(a)(1), title V, §507, 93 Stat. 677, 692, established requirements of eligibility for grants, prior to repeal by Pub. L. 99–129, title II, §220(c), Oct. 22, 1985, 99 Stat. 544.

Another prior section 295c, act July 1, 1944, ch. 373, title VII, §764, as added Oct. 31, 1963, Pub. L. 88–164, title I, §101, 77 Stat. 283, related to recovery of expenditures under certain conditions respecting grants for construction of mental retardation facilities, prior to the general amendment of former part D of this subchapter by section 101 of Pub. L. 91–696.

#### Amendments

2010—Pub. L. 111–148 amended section generally. Prior to amendment, section related to grants and contracts for residency training programs in preventive medicine and dental public health and provision of financial assistance to residency trainees.
§ 10.14 Hearings. ( a ) The provisions of 5 U.S.C. 556 and 557, which govern formal hearings in adjudicatory proceedings, do not apply to informal rule making proceedings described in this part. When opportunity is afforded for oral presentation, such informal *hearing* is a nonadversary, fact-finding proceeding. Any rule issued in a proceeding under this part in which a hearing is held is not based exclusively on the record of such hearing.
( b ) When a hearing is provided, the Secretary will designate a representative to conduct the hearing, and if the presence of a legal officer is desirable, the General Counsel will designate a staff attorney to serve as the officer.
#### § 96.89 [Reserved]
### §7514. Plan submission deadlines

#### (a) Submission

Any State containing an area designated or redesignated under section 7407(d) of this title as nonattainment with respect to the national primary ambient air quality standards for sulfur oxides, nitrogen dioxide, or lead subsequent to November 15, 1990, shall submit to the Administrator, within 18 months of the designation, an applicable implementation plan meeting the requirements of this part.

#### (b) States lacking fully approved State implementation plans

Any State containing an area designated nonattainment with respect to national primary ambient air quality standards for sulfur oxides or nitrogen dioxide under section 7407(d)(1)(C)(i) of this title, but lacking a fully approved implementation plan complying with the requirements of this chapter (including this part) as in effect immediately before November 15, 1990, shall submit to the Administrator, within 18 months of November 15, 1990, an implementation plan meeting the requirements of subpart 1 (except as otherwise prescribed by section 7514a of this title).

(July 14, 1955, ch. 360, title I, §191, as added Pub. L. 101–549, title I, §106, Nov. 15, 1990, 104 Stat. 2463.)
#### BOWEN *et al. v.*DRIGGERS.

July 11, 1912.

1. A testator devised a tract of land to his wife “for and during her life until her death; then the above property to go back to the estate Of the said [testator].” After the death of the testator his wife remarried and died. She was survived by her second husband. She left no children or descendants of children as the offspring of either marriage. *Eeld,*that by the will of the testator his wife took a life-estate in the land; and there being no other heir at the time of the testator’s death, she inherited the reversion; and the two estates merged into a fee simple.

2. Upon the death of the woman in whom a fee-simple estate had vested by merger, her surviving .husband inherited the property as her sole heir; and persons claiming to be heirs of the testator after the death of the life-tenant acquired no title.

Complaint for land. Before Judge Bawlings. Toombs superior court. February '21, 1911.

*Williams & Giles*and *P. W: Meldrim,*for plaintiffs.

*Hines & Jordan,*for defendant.

Lumpkin, J.

If a testator devises a life-estate in land, the devisee takes only a life-estate by virtue of the will. If the testator makes no provision as to what shall become of the reversion, upon his death it passes to and vests in his heir or heirs. Here the. widow of the testator took a life-estate under the will. No provision was made as to who should take the remainder. Therefore, upon the death of the testator, by inheritance it passed to his heir. *399It happened that the widow was his sole heir. Thus she took under the will a life-estate, and as sole heir was vested with the remainder by inheritance. There is nothing to indicate any intention on her part to keep the two estates separate. They accordingly merged, and she became the owner in fee simple of the property. Upon her death her sole heir inherited from her. Persons who claim to-be heirs of her first husband had no interest in the land, and no right to recover it from her second husband. It was accordingly proper to sustain a -demurrer to an action filed for that purpose, the facts stated in the headnote appearing on the face of the petition. Civil Code, § 3929; *Wilder*v. *Holland,*102 *Ga. 44*(29 S. E. 134); *Oliver*v. *Powell,*114 *Ga.*592 (4), 600 (40 S. E. 826); *Smith*v. *Moore,*129 *Ga.*644 (59 S. E. 915).

*Judgment affirmed.*

*All the Justices concur.*
### §5656. Transferred

#### **Editorial Notes**

#### Codification

Section 5656 was editorially reclassified as section 11146 of Title 34, Crime Control and Law Enforcement.

#### Prior Provisions

A prior section 5656, Pub. L. 93–415, title II, §245, formerly §246, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 94–273, §2(27), Apr. 21, 1976, 90 Stat. 376; Pub. L. 95–115, §3(a)(3), (5), Oct. 3, 1977, 91 Stat. 1048, 1049; Pub. L. 96–509, §19(m), Dec. 8, 1980, 94 Stat. 2765; renumbered §245, Pub. L. 98–473, title II, §635, Oct. 12, 1984, 98 Stat. 2120, related to annual report by Deputy Administrator on programs funded under this subchapter, prior to repeal by Pub. L. 100–690, title VII, §§7263(a)(2)(C), 7296(a), Nov. 18, 1988, 102 Stat. 4443, 4463, effective Oct. 1, 1988.

A prior section 5657, Pub. L. 93–415, title II, §246, formerly §247, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 95–115, §5(d), Oct. 3, 1977, 91 Stat. 1057; renumbered §246 and amended Pub. L. 98–473, title II, §636, Oct. 12, 1984, 98 Stat. 2120, set forth additional functions of the Institute for Juvenile Justice and Delinquency Prevention, prior to repeal by Pub. L. 100–690, title VII, §§7263(a)(2)(C), 7296(a), Nov. 18, 1988, 102 Stat. 4443, 4463, effective Oct. 1, 1988.

A prior section 5658, Pub. L. 93–415, title II, §248, Sept. 7, 1974, 88 Stat. 1128, set forth provisions relating to restrictions on disclosure and transfer of juvenile records, prior to repeal by Pub. L. 95–115, §5(e)(1), Oct. 3, 1977, 91 Stat. 1057, effective Oct. 1, 1977.

A prior section 5659, Pub. L. 93–415, title II, §245, formerly §249, Sept. 7, 1974, 88 Stat. 1128; renumbered §248 and amended Pub. L. 95–115, §§3(a)(3)(B), 5(e)(1), (f), Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 96–509, §19(n), Dec. 8, 1980, 94 Stat. 2765; renumbered §247 and amended Pub. L. 98–473, title II, §637, Oct. 12, 1984, 98 Stat. 2120; renumbered §245, Pub. L. 100–690, title VII, §7263(a)(2)(E), Nov. 18, 1988, 102 Stat. 4443; Pub. L. 102–586, §2(g)(4), Nov. 4, 1992, 106 Stat. 4996, established a training program of methods and techniques for the prevention and treatment of juvenile delinquency, prior to repeal by Pub. L. 107–273, div. C, title II, §12210(1), Nov. 2, 2002, 116 Stat. 1880.

A prior section 5660, Pub. L. 93–415, title II, §246, formerly §250, Sept. 7, 1974, 88 Stat. 1128; renumbered §249 and amended Pub. L. 95–115, §§3(a)(3)(B), 5(e)(1), (2)(A), Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 96–509, §19(o), Dec. 8, 1980, 94 Stat. 2765; renumbered §248 Pub. L. 98–473, title II, §638, Oct. 12, 1984, 98 Stat. 2120; renumbered §246 and amended Pub. L. 100–690, title VII, §7263(a)(2)(E), (b)(2), Nov. 18, 1988, 102 Stat. 4443, 4447; Pub. L. 102–586, §2(g)(5), Nov. 4, 1992, 106 Stat. 4996, related to the curriculum for training program, prior to repeal by Pub. L. 107–273, div. C, title II, §12210(1), Nov. 2, 2002, 116 Stat. 1880.
#### § 521.44 Right to administrative offset.

The amount of any penalty or assessment which has become final, or for which a judgment has been entered under § 521.42 or § 521.43, or any amount agreed upon in a compromise or settlement under § 521.46, may be collected by administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be made under the subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the defendant.
§ 1000.16 What labor standards are applicable? ( a ) *Davis-Bacon wage rates.* ( 1 ) As described in section 104(b) of NAHASDA, contracts and agreements for assistance, sale, or lease under NAHASDA must require prevailing wage rates determined by the Secretary of Labor under the Davis-Bacon Act (40 U.S.C. 3141-44, 3146, and 3147) to be paid to laborers and mechanics employed in the development of affordable housing.
( 2 ) When NAHASDA assistance is only used to assist homebuyers to acquire single family housing, the Davis-Bacon wage rates apply to the construction of the housing if there is a written agreement with the owner or developer of the housing that NAHASDA assistance will be used to assist homebuyers to buy the housing.
( 3 ) Prime contracts not in excess of $2000 are exempt from Davis-Bacon wage rates.
( b ) *HUD-determined wage rates.* Section 104(b) also mandates that contracts and agreements for assistance, sale or lease under NAHASDA require that prevailing wages determined or adopted (subsequent to a determination under applicable state, tribal or local law) by HUD shall be paid to maintenance laborers and mechanics employed in the operation, and to architects, technical engineers, draftsmen and technicians employed in the development, of affordable housing.
( c ) *Contract Work Hours and Safety Standards Act.* Contracts in excess of $100,000 to which Davis-Bacon or HUD-determined wage rates apply are subject by law to the overtime provisions of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701).
( d ) *Volunteers.* The requirements in 24 CFR part 70 concerning exemptions for the use of volunteers on projects subject to Davis-Bacon and HUD-determined wage rates are applicable.
( e ) Paragraphs (a) through (d) of this section shall not apply to any contract or agreement for assistance, sale, or lease pursuant to NAHASDA, or to any contract for construction, development, operations, or maintenance thereunder, if such contract or agreement for assistance, sale, or lease is otherwise covered by one or more laws or regulations adopted by an Indian tribe that requires the payment of not less than prevailing wages, as determined by the Indian tribe. Paragraphs (a) through (d) of this section shall also not apply to work performed directly by tribal or TDHE employees under a contract or agreement for assistance, sale, or lease, that is covered by one or more such laws or regulations adopted by an Indian tribe.
( f ) *Other laws and issuances.* Recipients, contractors, subcontractors, and other participants must comply with regulations issued under the labor standards provisions cited in this section, other applicable Federal laws and regulations pertaining to labor standards, and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs).
[63 FR 12349, Mar. 12, 1998, as amended at 77 FR 71522, Dec. 3, 2012]
#### § 901.14 Service.

*Service* means the Foreign Service of the United States.
#### Gustave B. Garfield, Respondent, v. Leo L. Lowy et al., Appellants.

Motion by appellants for a stay, pending appeal, granted on condition that appellants perfect the appeal and be ready to argue or submit it at the January *510Term, beginning January 3, 1961. The appeal is ordered on the calendar for said term. The record and appellants’ brief must be served and filed on or before December 15,1960. Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.
§ 512.16 Collection services. ( a ) Broadcasting Board of Governors has authority to contract for collection services to recover delinquent debts in accordance with 31 U.S.C. 3718(c) and 4 CFR 102.6.
( b ) Contracts with collection agencies will provide that: ( 1 ) The authority to resolve disputes, compromise claims, suspend or terminate collection action, and refer the matter to the Justice Department for litigation will be retained by Broadcasting Board of Governors;
( 2 ) Contractors are subject to 5 U.S.C. 552a, the Privacy Act of 1974, as amended, to the extent specified in 5 U.S.C. 552a(m) and to applicable Federal and State laws and regulations pertaining to debt collection practices, such as the Fair Debt Collection Practices Act, 15 U.S.C. 1692;
( 3 ) The contractor is required to strictly account for all amounts collected;
( 4 ) The contractor must agree that uncollectible accounts shall be returned with appropriate documentation to enable Broadcasting Board of Governors to determine whether to pursue collection through litigation or to terminate collection;
( 5 ) The contractor must agree to provide any data in its files relating to paragraphs (a)(1), (2), and (3) of § 105.2 of the Federal Claims Collection Standards (4 CFR part 105) upon returning the account to Broadcasting Board of Governors for subsequent referral to the Department of Justice for litigation.
( c ) Broadcasting Board of Governors will not use a collection agency to collect a debt owed by a currently employed or retired Federal employee, if collection by salary or annuity offset is available.
<TABLE> <S> <C>

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<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          36,053
<SECURITIES>                                         0
<RECEIVABLES>                                    5,702
<ALLOWANCES>                                         0
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<CURRENT-ASSETS>                                75,426
<PP&E>                                           8,331
<DEPRECIATION>                                   2,335
<TOTAL-ASSETS>                                  81,740
<CURRENT-LIABILITIES>                           66,691
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                           148
<OTHER-SE>                                      14,296
<TOTAL-LIABILITY-AND-EQUITY>                    81,740
<SALES>                                              0
<TOTAL-REVENUES>                                56,215
<CGS>                                                0
<TOTAL-COSTS>                                   60,665
<OTHER-EXPENSES>                                     0
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<INTEREST-EXPENSE>                               (539)
<INCOME-PRETAX>                                (3,911)
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<EPS-PRIMARY>                                    (.36)
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</TABLE>
China Shengda Packaging Group Inc.: Exhibit 10.2 - Filed by newsfilecorp.com






Exhibit 10.2 

Maximum Debt Guarantee Contract 

(English Summary) 


	Date of Signing 	Sep 16, 2010 
	Contract No 	33905201000007036 
	Parties to Contract 	
    SD Group as Guarantor and Xiaoshan Agriculture
      Bank of China as Lender 

	Guarantee 	
    Great Shengda 

	Guaranteed Maximum Amount 	
    RMB 75,000,000 million 

	Guaranteed Indebtedness 	
    Any indebtedness incurred by Great Shengda to
      Lender during the term of Sep 16, 2010 and March 16,
      2011 

	Guaranteed Scope 	
    The principal, interests, penalty interests,
      compound interest; liquidated damage, damage, litigation cost and attorney
      fee arising from the realization of the debt of the relevant indebtedness.
    

	Term 	
    Two years after the expiry of the term of the
      relevant indebtedness 

	Undertakings 	
      We list below some material undertakings: 

      Guarantor must give 15 day prior written notice to Lender and obtain
      Lender’s prior written consent when: 

      - Guarantor alters its capital structure or business mode, or 

      - Guarantor provides guarantee to any third party or create encumbrance
      over its assets or equity for itself or any third 

	
    party in a manner that may affect its
      performance under this contract. 

	Dispute Resolution 	
    PRC court where Lender locates
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

ANTHONY OLIVER,

Petitioner :

:

:

:

:

:

:

:

:

:

: No s . 19 & 20 EM 2023

ORDER

PER CURIAM

AND NOW , this 1 st day of June , 2023, the Petition for Leave to File Petition for

Allowance of Appeal Nunc Pro Tunc is DENIED

.