alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[No. 6948.

Decided June 22, 1908.]

#### Jacob Kiehlhoefer, *Respondent,*v. Washington Water Power Company, *Appellant.**1*

New Trial — Grounds—Trial—Misconduct oe Counsel. A new trial is properly granted for permitting, over objection, adverse comment to the jury by counsel on the fact that the plaintiff in a personal injury ease had refused to consent to the examination of his physician as to facts learned in a professional capacity.

Appeal from an order of the superior court for Spokane county, Huneke, J., entered June 17, 1907, granting to plaintiff a new trial, after the verdict of a jury in his favor for one dollar, in an action for personal injuries.

Affirmed.

*H. M. Stephens,*for appellant.

*Robertson*& *Rosenhaupt,*for respondent.

1

Reported in 96 Pac. 220.

Per Curiam.

The respondent sued the appellant for personal injuries received while riding upon a street car owned and operated by the appellant. The jury returned a verdict in his favor for one dollar, and, being dissatisfied therewith, he moved for a new trial on various grounds, among which was the ground that counsel for appellant had been permitted, over his objection, to comment adversely to the jury on the fact that he had refused to consent to the examination of one of his attending physicians as to facts learned by the physician while the physician was attending on him in a professional capacity. The court granted a new trial solely on the latter ground, overruling the motion as to all others. This appeal is from the order granting the new trial.

The new trial was properly granted. The statute which forbids a physician to testify without the consent of his patient concerning facts which he acquires while attending the patient in a professional capacity is founded upon prin*647ciples of sound public policy, and a like policy requires that the enforcement of the rule on the part of the patient be not taken as a circumstance adverse to the patient. There are cases which maintain a contrary doctrine, but we think they are not in accord with the reason of the statute, nor with the spirit of our own decisions. See, *Noelle v. Hoquiam Lumber & Shingle Co.,*47 Wash. 519, 92 Pac. 372; *State v. Smokalem,*37 Wash. 91, 79 Pac. 603.

The order granting a new trial is affirmed.
### §1424–4. Criminal offenses; procedure; definitions

Where appropriate, the provisions of part II of title 18 and of title 28, United States Code, and notwithstanding the provision in rule 54(a) Federal Rules of Criminal Procedure relating to the prosecution of criminal offenses on Guam by information, the rules of practice and procedure heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28, United States Code, shall apply to the District Court of Guam and appeals therefrom; except that the terms, "Attorney for the government" and "United States attorney", as used in the Federal Rules of Criminal Procedure, shall, when applicable to cases arising under the laws of Guam, including the Guam Territorial income tax, mean the Attorney General of Guam or such other person or persons as may be authorized by the laws of Guam to act therein.

(Aug. 1, 1950, ch. 512, §22D, as added Pub. L. 98–454, title VIII, §801, Oct. 5, 1984, 98 Stat. 1743.)

#### **Editorial Notes**

#### References in Text

The Federal Rules of Criminal Procedure, referred to in text, are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

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

#### Effective Date

Section effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as an Effective Date of 1984 Amendment note under section 1424 of this title.
### §30183. Prohibition on certain disclosures

Any report of the National Highway Traffic Safety Administration, or of any officer, employee, or contractor of the National Highway Traffic Safety Administration, relating to any highway traffic accident or the investigation of such accident conducted pursuant to this chapter or section 403 of title 23, may be made available to the public only in a manner that does not identify individuals.

(Added Pub. L. 112–141, div. C, title I, §31204(a), July 6, 2012, 126 Stat. 760.)

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

#### Effective Date

Section effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
Silberstein Ungar, PLLC CPAs and Business Advisors  Phone (248) 203-0080 Fax (248) 281-0940 30600 Telegraph Road, Suite 2175 Bingham Farms, MI 48025-4586 www.sucpas.com  Exhibit 23.1   March 26, 2010  To the Board of Directors of Parks! America, Inc. Pine Mountain, Georgia   Consent of Independent Registered Public Accounting Firm  Silberstein Ungar, PLLC, hereby consents to the use in the Form 10-K, Annual Report Pursuant to Section 13 or 15(d) of the Securities Act of 1934, filed by Parks! America, Inc. of our report dated March 22, 2010, relating to the consolidated financial statements of Parks! America, Inc. and Subsidiaries as of and for the years ending December 27, 2009 and December 31, 2008.  Sincerely,  /s/ Silberstein Ungar, PLLC Silberstein Ungar, PLLC  Bingham Farms, MI
§ 36.44 Maximum allowable fuel:air ratio. ( a ) When an engine is delivered to MSHA with the fuel-injection system adjusted by the applicant and tests of the exhaust-gas composition (see § 36.43) show not more than 0.30 percent, by volume, of carbon monoxide, the applicant's adjustment of the fuel-injection system shall be accepted. The maximum fuel:air ratio determined from the exhaust-gas composition shall be designated as the maximum allowable fuel:air ratio. The maximum liquid fuel rate (pounds per hour) that produces the maximum allowable fuel:air ratio shall be designated as the maximum allowable fuel rate for operating the equipment at elevations not exceeding 1,000 feet above sea level.
( b ) When the carbon monoxide content of the exhaust exceeds 0.30 percent, by volume, only near maximum power output, the maximum fuel:air ratio at which carbon monoxide does not exceed 0.30 percent shall be calculated and designated as the maximum allowable fuel:air ratio. The corresponding calculated liquid fuel rate shall be designated as the maximum allowable fuel rate at elevations not exceeding 1,000 feet above sea level. Note:
The applicant may be requested to adjust the liquid fuel rate during tests to determine the maximum allowable fuel:air ratio.
( c ) The maximum allowable fuel:air ratio and maximum liquid fuel rates shall be used to calculate a liquid fuel rate-altitude table that shall govern the liquid fuel rate of engines operated at elevations exceeding 1,000 feet above sea level.
No. 89-1103.

#### Gould Inc. et al. *v.*Ministry of Defense of the Islamic Republic of Iran.

C. A. 9th Cir. Certiorari denied.
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350**

 

The undersigned hereby certifies that theForm 10-Q Quarterly Report of Eldorado Resorts LLC and Eldorado Capital Corp.(collectively, the “Company”) for the quarterly period ended June 30, 2003filed with the Securities and Exchange Commission (the “Report”) fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 and that the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 
| Dated: August 12, 2003 |   |   | By:    | /s/ Robert M. Jones                                               |   |
|------------------------|--------|--------|--------|-------------------------------------------------------------------|--------|
|                   |   |   |   | Robert M. Jones, Chief Financial Officer  of Eldorado Resorts LLC |

 

----
§ 27.24 Power-shutoff component. ( a ) A power-shutoff component shall be suitably constructed for incorporation in or with permissible and approved equipment that is operated in gassy mines and tunnels.
( b ) The power-shutoff component shall include: ( 1 ) A means which shall be made to function automatically to deenergize the machine or equipment when actuated by the methane detector at a methane concentration of 2.0 volume percent and at all higher concentrations in the mine atmosphere. ( i ) For an electric-powered machine or equipment energized by means of a trailing cable, the power-shutoff component shall, when actuated by the methane detector, cause a control circuit to shut down the machine or equipment on which it is installed; or it shall cause a control circuit to deenergize both the machine or equipment and the trailing cable. Note:
It is not necessary that power be controlled both at the machine and at the outby end of the trailing cable.
( ii ) For a battery-powered machine or equipment, the methane-monitor power-shutoff component shall, when actuated by the methane detector, cause a control circuit to deenergize the machine or equipment as near as possible to the battery terminals.
( iii ) For a diesel-powered machine or equipment, the power-shutoff component, when actuated by the methane detector, shall shut down the prime mover and deenergize all electrical components of the machine or equipment. Batteries are to be disconnected as near as possible to the battery terminals. Headlights which are approved under Part 20 of this subchapter (Schedule 10, or any revision thereof) are specifically exempted from this requirement.
( 2 ) An arrangement for testing the power-shutoff characteristic to determine whether the power-shutoff component is functioning properly.
### §30104. Authorization of appropriations

There is authorized to be appropriated to the Secretary $98,313,500 for the National Highway Traffic Safety Administration to carry out this part in each fiscal year beginning in fiscal year 1999 and ending in fiscal year 2001.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 944; Pub. L. 105–178, title VII, §7102(a), June 9, 1998, 112 Stat. 465; Pub. L. 106–39, §1(a), July 28, 1999, 113 Stat. 206.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30104 | 15:1392 (note). | Dec. 18, 1991, Pub. L. 102–240, §2501(a), 105 Stat. 2081. |

Section

In this section, before clause (1), the words "to the Secretary of Transportation for the National Highway Traffic Safety Administration" are substituted for "For the National Highway Traffic Safety Administration" for clarity and consistency in the revised title and with other titles of the United States Code. The reference to fiscal year 1992 is omitted as obsolete.

#### **Editorial Notes**

#### Amendments

1999—Pub. L. 106–39 substituted "$98,313,500" for "$81,200,000".

1998—Pub. L. 105–178 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: "The following amounts may be appropriated to the Secretary of Transportation for the National Highway Traffic Safety Administration to carry out this chapter:

"(1) $71,333,436 for the fiscal year ending September 30, 1993.

"(2) $74,044,106 for the fiscal year ending September 30, 1994.

"(3) $76,857,782 for the fiscal year ending September 30, 1995."
#### Arthur Weiss & Company, appellee, v. Max Goldstein, appellant.

Gen. No. 28,438.

Suit on written contract. Judgment for defendant. Appeal from the Municipal Court of Chicago; the Hon. Charles A. Williams, Judge, presiding. Heard in the second division of this court for the first district at the March term, 1923.

Affirmed.

Opinion filed October 2, 1923.

David Y. Patlak, for appellant. Kramer & Hirsch, for appellee.

Mr. Justice Fitch

delivered the opinion of the court.
Exhibit 99.1
                                 ------------


                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                 CWMBS, INC.
                   CHL MORTGAGE PASS-THROUGH TRUST 2004-16
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2004-16


      The undersigned do hereby certify that they are each an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(a "Master Servicer"), and do hereby further certify pursuant to Section 3.16
of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

      (i) A review of the activities of the Master Servicer during the
      preceding calendar year and of the performance of the Master Servicer
      under the Agreement has been made under our supervision; and

      (ii) To the best of our knowledge, based on such review, the Master
      Servicer has fulfilled all its obligations under the Agreement
      throughout such year.




/s/ Joseph M. Candelario                              Dated: March 28, 2005
------------------------

JOSEPH M. CANDELARIO
FIRST VICE PRESIDENT



/s/ Mark Wong                                         Dated: March 28, 2005
-------------

MARK WONG
SENIOR VICE PRESIDENT
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Home                 > Browse by Title > To Extend the Authority of the Federal Reserve Banks to Purchase U.S. Obligations Directly from the Treasury

              																	United States. Congress. House. Committee on Banking and Currency, 1865-1974					 and 	Ninety-Second Congress, 1971-1973. 						*To Extend the Authority of the Federal Reserve Banks to Purchase U.S. Obligations Directly from the Treasury : Hearing Before the Committee on Banking and Currency, House of Representatives, Ninety-Second Congress, First Session, on H.R. 7632, S. 1700, June 15, 1971*,												Washington: 								Government Printing Office, 										June 15, 1971,									https://fraser.stlouisfed.org/title/196,			accessed on September 21, 2024.						    

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<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000759440
<NAME> BIG RIVER PRODUCTIONS LIMITED PARTNERSHIP
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                           18384
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   18384
<CURRENT-LIABILITIES>                             6644
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       11740
<TOTAL-LIABILITY-AND-EQUITY>                     18384
<SALES>                                          65659
<TOTAL-REVENUES>                                 65659
<CGS>                                                0
<TOTAL-COSTS>                                    67423
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                  1534
<INTEREST-EXPENSE>                               (644)
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             (2654)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (2654)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### § 28.1 Purpose.

The purpose of the regulations contained in this Part 28 is: (a) To establish procedures and prescribe requirements which must be met in filing applications for the approval of fuses for use with direct current in providing short-circuit protection for trailing cables in coal mines, or the approval of changes or modifications of approved fuses; (b) to specify minimum performance requirements and to prescribe methods to be employed in conducting inspections, examinations, and tests to determine the effectiveness of fuses for use with direct current in providing short-circuit protection for trailing cables in coal mines; and (c) to provide for the issuance of certificates of approval or modifications of certificates of approval for fuses which have met the minimum requirements for performance and short-circuit protection set forth in this part.
#### § 47.73 Providing labels and MSDSs to customers.

For a hazardous chemical produced at the mine, the operator must provide customers, upon request, with the chemical's label or a copy of the label information, and the chemical's MSDS.
§ 1290.108 How do I appeal to the IBLA? ( a ) Any party to a case adversely affected by an order the ONRR Director issues or a decision the ONRR Director or Director, Bureau of Indian Affairs issues under this part shall have a right of appeal to the IBLA under the procedures provided in 43 CFR part 4, subpart E.
( b ) Notwithstanding 43 CFR 4.414(a), a party shall file an answer or appropriate motion within 60 days after service of the statement of reasons for appeal unless an extension of time is requested and granted.
[79 FR 62051, Oct. 16, 2014]
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. §1350,

AS ADOPTED PURSUANT TO

§906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Annual Report of ATEL Capital Equipment Fund XI, LLC (the Company) on Form 10-K for the period ended December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Dean L. Cash, President and Chief Executive Officer of ATEL Financial Services, LLC, Managing Member of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                              
|----------------------------------------------
|Date: March 26, 2009                          
|                                              
|/s/ Dean L. Cash                              
|Dean L. Cash                                  
|President and Chief Executive Officer of      
|ATEL Financial Services, LLC (Managing Member)

A signed original 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.
#### Roger L. Schinella, Respondent, v. Gerace & Castagne, Inc., Appellant, et al., Defendants.

In an action to recover damages for personal injuries, the defendant Gerace & Castagne, Inc., appeals, by permission of this court, from so much of an order of the Appellate Term, dated July 1, 1959, *1029which affirms a judgment o£ the City Court of the City of New York, Queens County, entered December 13, 1957, upon a jury’s verdict, insofar as such judgment is in favor of plaintiff and against said defendant. The plaintiff, an employee of a subcontractor, was injured when he struck his head against the open door of a fire extinguisher box in the corridor of a new building of the Coney Island Hospital in Brooklyn, which was in the course of construction by said defendant as the general contractor. Order insofar as appealed from affirmed, with costs. No opinion. Nolan, P. J., Beldoclc, Ughetta, Christ and Brennan, JJ., concur.
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. § 1350

AS ADOPTED PURSUANT TO § 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the filing of the Quarterly Report on Form 10-Q for the period ended March 31, 2009 (the Report), as filed by Novatel Wireless, Inc. (the Company) with the Securities and Exchange Commission,
each of the undersigned officers of the Company certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to such officers knowledge:

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

2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as
of the dates and for the periods expressed in the Report.



|                   |  |  |  |                       |  |                                                                                                              
|------------------ |  |  |  | --------------------- |  | -------------------------------------------------------------------------------------------------------------
|                   |  | 
|Date: May 11, 2009 |  |  |  | /S/    PETER LEPARULO
|                   |  |  |  |                       |  | Peter Leparulo Chairman and Chief Executive Officer (principal executive officer)                            
|                   |  |  | 
|                   |  |  |  |                       |  | /S/    KENNETH
LEDDON                                                                                        
|                   |  |  |  |                       |  | Kenneth Leddon Senior Vice President and Chief Financial Officer (principal financial and accounting officer)

The foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350 and is not
being filed as part of the Report or as a separate disclosure document.
#### § 56.13020 Use of compressed air.

At no time shall compressed air be directed toward a person. When compressed air is used, all necessary precautions shall be taken to protect persons from injury.