alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### WHEELER v. NORTON et al.

(Supreme Court, Appellate Term.

November 6, 1903.)

1. Trespass—Bursting of Water Pipe—Negligence of Third Party.

Where defendants committed a trespass on plaintiff’s premises by causing the bursting of a water pipe by a blast, the fact that the city was guilty of negligence in laying the pipe on a rock did not relieve the defendants from liability.

2. Same—Negligence.

Where defendants committed a trespass on plaintiff’s premises by causing the bursting of a water pipe by a blast, they were liable for damages caused thereby, independent of the question of negligence.

Appeal from Municipal Court, Borough of Manhattan, Ninth District.

Action by Fannie S. Wheeler against William F. Norton and others. From a judgment for plaintiff, defendants appeal. Affirmed.

*525Argued before FREEDMAN, P. J., and BISCHOFF and BLANCHARD, JJ.

Kellogg & Rose, for appellants.

Jacob Marks, for respondent.

FREEDMAN, P. J.

After reargument and re-examination of all points involved, we adhere to the conclusion reached by a former term of this court, that this case is controlled by the decision of Lersner v. McDonald, 38 Misc. Rep. 734, 78 N. Y. Supp. 1125, and that the fact that the water pipe, which was broken by a blast set off by the defendants, rested upon a rock makes no material difference between the two cases. The water cast upon plaintiff’s premises constituted a trespass, and the setting off of the blast was the proximate cause. It may be that years ago the city was negligent in allowing the water pipe to be laid upon rock, but that does not excuse defendants’ trespass. Without the blast, the negligence of the city in this respect, if any, would not have caused the injury. Before setting off the blast it was the duty of the defendants to examine the surroundings for themselves, and to regulate the explosive force employed, with due regard thereto, so as to prevent any trespass upon adjacent property. Where trespass is committed in such a case, the liability, of the tort feasor for it is essentially the same, whether it was committed scientifically or negligently. It is only where the. damage to adjacent property .is caused by vibration exclusively that the plaintiff is required to establish negligence. Trespass being proven, the fact that negligence was also pleaded or 'involved does not relieve the defendants. That being so, the trial justice properly placed his decision upon trespass, and left the question of negligence an open one; but if it had been necessary he might, upon the proof before him, have found negligence as well.

The record discloses no reversible error, and the judgment must be affirmed, with costs; but, as there are a number of other cases pending which by stipulation were made to abide the event of this action, the defendants may have leave to appeal to the Appellate Division. All concur.
<PAGE>

                                                                      EXHIBIT 24


                                  POWER OF ATTORNEY

Know all Men By These Presents, that the undersigned hereby constitutes and
appoints JAMES W. GUEDRY, WILLIAM B. LYTTON and JAMES P. MELICAN and each of
them (with full power to each of them to act alone) their true and lawful
attorneys-in-fact and agents, with full power of substitution and
resubstitution, for them on their behalf and in their name, place and stead, in
any and all capacities, to sign, execute and affix their seal thereto and file
the Annual Report of IP Timberlands, Ltd. on Form 10-K (or any other
appropriate form), under the Securities Exchange Act of 1934, as amended,
together with any and all amendments to such Annual Report and to file the
same, with all exhibits thereto, and other documents in connection therewith,
with the Securities Exchange Commission, granting unto said attorneys-in-fact,
and each of them, full power and authority to do and perform each and every act
and thing requisite and necessary to be done in and about the premises in order
to effectuate the same, for all intents and purposes, and that the undersigned
hereby ratify and confirm all that said attorneys-in-fact and agents, or any of
them, may lawfully do or cause to be done by virtue hereof.

    Executed on this 11th day of March, 1997, at Purchase, New York.


<PAGE>


                   NAME                               TITLE






     /s/ Thomas C. Graham
    -------------------------------------             Director
    (Thomas C. Graham)


     /s/ Jane C. Pfeiffer
    -------------------------------------             Director
    (Jane C. Pfeiffer)

     /s/ Roger B. Smith
    -------------------------------------             Director
    (Roger B. Smith)
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       8,577,535
<SECURITIES>                                         0
<RECEIVABLES>                               17,546,234
<ALLOWANCES>                               (2,748,626)
<INVENTORY>                                  3,034,664
<CURRENT-ASSETS>                            28,084,195
<PP&E>                                      57,831,709
<DEPRECIATION>                            (24,827,125)
<TOTAL-ASSETS>                              73,601,540
<CURRENT-LIABILITIES>                       14,428,130
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       390,628
<OTHER-SE>                                  51,644,698
<TOTAL-LIABILITY-AND-EQUITY>                73,601,540
<SALES>                                     49,664,158
<TOTAL-REVENUES>                            49,664,158
<CGS>                                       41,038,635
<TOTAL-COSTS>                               41,038,635
<OTHER-EXPENSES>                          (10,944,492)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             785,701
<INCOME-PRETAX>                             18,784,314
<INCOME-TAX>                                   738,618
<INCOME-CONTINUING>                         18,045,696
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                18,045,696
<EPS-BASIC>                                       4.63
<EPS-DILUTED>                                     4.24


</TABLE>
§ 722.11 Imminent dangers and harms. ( a ) If an authorized representative of the Secretary finds conditions or practices, or violations of any requirement of the Act, or any requirement of this chapter applicable during the interim regulatory program, which create an imminent danger to the health or safety of the public, the authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or that portion of the operation relevant to the condition, practice, or violation.
( b ) If an authorized representative of the Secretary finds conditions or practices, or violations of any requirement of the Act, or any requirement of this chapter applicable during the interim regulatory program, which are causing, or can reasonably be expected to cause, significant, imminent environmental harm to land, air, or water resources, the authorized representative shall immediately order a cessation of surface coal mining and reclamation operations or that portion of the operation relevant to the condition, practice, or violation.
( c ) Surface coal mining and reclamation operations conducted by any person without a valid surface coal mining permit required by this subchapter constitute a condition or practice which causes or can reasonably be expected to cause significant, imminent environmental harm to land, air or water resources, unless such operations are an integral, uninterrupted extension of previously permitted operations, and the person conducting such operations has filed a timely and complete application for a permit to conduct such operations.
( d ) An authorized representative of the Secretary shall impose affirmative obligations on an operator which the authorized representative deems necessary to abate the condition, practice, or violation if— ( 1 ) A cessation order is issued under paragraph (a) or (b) of this section; and
( 2 ) The cessation of mining or reclamation activities will not completely abate the imminent danger or harm or eliminate the practices or conditions that contributed to the imminent danger or harm.
( e ) When imposing affirmative obligations under this section, the authorized representative of the Secretary shall require abatement of the imminent danger or harm in the most expeditious manner physically possible. The affirmative obligation shall include a time by which abatement shall be accomplished and may include, among other things, the use of existing or additional personnel and equipment.
( f ) Reclamation operations not directly the subject of the order or affirmative obligation shall continue during any cessation order.
( g ) An authorized representative of the Secretary shall terminate a cessation order issued under paragraph (a) or (b) of this section by written notice when the authorized representative determines that the conditions or practices or violations that contributed to the imminent danger to life or the environment have been eliminated.
[42 FR 62701, Dec. 13, 1977, as amended at 45 FR 67501, Oct. 10, 1980; 47 FR 18558, Apr. 29, 1982]
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Amendment No. 1 to Quarterly Report of Devcon International Corp. (the Company) on Form 10-Q/A for the period ending
September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Robert C. Farenhem, Chief Financial 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 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 result of operations of the Company.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                             
|-------------------- |  |  |  | --------------------------------------------
|Date: April 12, 2007 |  |  |  | /s/ Robert C. Farenhem                      
|                     |  |  |  | Robert C. Farenhem                          
|                     |  |  |  | Chief Financial Officer                     
|                     |  |  |  | (Principal Financial and Accounting Officer)

Note: This certification is being furnished, not filed, as exhibit 32.2
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 quarterly report of Discovery Oil, Ltd, (the "Company") on Form 10-Q for the period ending June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Andrew V. Ippolito, President and Chairman of the Board 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 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/ Andrew V. Ippolito

By  __________________________________

Andrew V. Ippolito

President, Chairman of the Board

Date:  August 14, 2009









A signed original of this written statement required by Section 906 has been provided to Thunder Mountain Gold, Inc. and will be retained by Thunder Mountain Gold, Inc. to be furnished to the Securities and Exchange Commission or its staff upon request.
§ 71.205 Approved sampling devices; operation; air flowrate. Cross Reference
Link to an amendment published at 89 FR 28477 , Apr. 18, 2024.
The following is required until April 14, 2025: ( a ) Approved sampling devices shall be operated at the flowrate of 2.0 L/min, if using a CMDPSU; at 2.2 L/min, if using a CPDM; or at a different flowrate recommended by the manufacturer.
( b ) If using a CMDPSU, each sampling device shall be examined each shift by a person certified in sampling during: ( 1 ) The second hour after being put into operation to assure it is in the proper location, operating properly, and at the proper flowrate. If the proper flowrate is not maintained, necessary adjustments shall be made by the certified person.
( 2 ) The last hour of operation to assure that it is operating properly and at the proper flowrate. If the proper flowrate is not maintained, the respirable dust sample shall be transmitted to MSHA with a notation by the certified person on the back of the dust data card stating that the proper flowrate was not maintained. Other events occurring during the collection of respirable dust samples that may affect the validity of the sample, such as dropping of the sampling head assembly onto the mine floor, shall be noted on the back of the dust data card.
( c ) If using a CPDM, the person certified in sampling shall monitor the dust concentrations and the sampling status conditions being reported by the sampling device at mid-shift or more frequently as specified in the approved respirable dust control plan, if applicable, to assure: The sampling device is in the proper location and operating properly; and the work environment of the occupation being sampled remains in compliance with the applicable standard at the end of the shift.
[79 FR 24982, May 1, 2014, as amended at 89 FR 28476, Apr. 18, 2024]
<PAGE>   1

                                                                   EXHIBIT 15-16





DTE Energy Company and
The Detroit Edison Company
Detroit, Michigan

We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of DTE Energy Company and subsidiaries and of The Detroit Edison
Company and subsidiaries for the periods ended March 31, 2001 and 2000, as
indicated in our report dated May 9, 2001. Because we did not perform an audit,
we expressed no opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended March 31, 2001, is
incorporated by reference in the following Registration Statements:

         FORM                               REGISTRATION NUMBER

         DTE Energy Company
         Form S-3                           33-57545
         Form S-3                           333-58834
         Form S-4                           333-89175
         Form S-8                           333-00023

         The Detroit Edison Company.
         Form S-3                           33-53207
         Form S-3                           33-64296
         Form S-3                           333-65765


We also are aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statement prepared or certified by an accountant or a report prepared or
certified by an accountant within the meaning of Sections 7 and 11 of that Act.



DELOITTE & TOUCHE LLP

Detroit, Michigan
May 9, 2001
Appendix 4.3 

US Department of Agriculture Comments on the Kansas

Regional Haze SIP
#### § 57.4463 Liquefied petroleum gas use underground.

Use of liquefied petroleum gases underground shall be limited to maintenance work.
<PAGE>   1
                                                                   EXHIBIT 11-12

                               DTE ENERGY COMPANY
                      BASIC AND DILUTED EARNINGS PER SHARE
                                 OF COMMON STOCK



<TABLE>
<CAPTION>

                                                                       Three Months                Six Months
                                                                          Ended                      Ended
                                                                       June 30, 1998              June 30, 1998
                                                                       --------------             -------------
                                                                        (Thousands, except per share amounts)
<S>                                                                    <C>                       <C>
BASIC:
     Net Income........................................................$      100,194            $      204,600
     Weighted average number of common
       shares outstanding (a)..........................................       145,075                   145,079
     Earnings per share of Common Stock
       based on weighted average number
       of shares outstanding...........................................$         0.69            $         1.41

DILUTED:
     Net Income........................................................$      100,194            $      204,600

     Weighted average number of common
       shares outstanding (a)..........................................       145,075                   145,079
     Incremental shares from assumed exercise
       of options......................................................            97                        84
                                                                       --------------              ------------      
                                                                              145,172                   145,163      
                                                                       ==============              ============      
                                                                                        
     Earnings per share of Common Stock
       assuming exercise of options....................................$         0.69            $         1.41

</TABLE>

---------------------------------
(a)   Based on a daily average.
§ 585.502 What initial payment requirements must I meet to obtain a noncompetitive lease, ROW grant, or RUE grant? When requesting a noncompetitive lease, you must meet the initial payment (acquisition fee) requirements of this section, unless specified otherwise in your lease instrument. No initial payment is required when requesting noncompetitive ROW grants and RUE grants. ( a ) If you request a noncompetitive lease, you must submit an acquisition fee of $0.25 per acre, unless otherwise set by the Director, as provided in § 585.500.
( b ) If BOEM determines there is no competitive interest, we will then: ( 1 ) Retain your acquisition fee if we issue you a lease; or
( 2 ) Refund your acquisition fee, without interest, if we do not issue your requested lease.
( c ) If we determine that there is a competitive interest in an area you requested, then we will proceed with a competitive lease sale process provided for in subpart C of this part, and we will: ( 1 ) Apply your acquisition fee to the required deposit for your bid amount if you submit a bid;
( 2 ) Apply your acquisition fee to your bonus bid if you acquire the lease; or
( 3 ) Retain your acquisition fee if you do not bid for or acquire the lease.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                             629
<SECURITIES>                                         0
<RECEIVABLES>                                   16,405
<ALLOWANCES>                                       370
<INVENTORY>                                      9,233
<CURRENT-ASSETS>                                27,410
<PP&E>                                          50,441
<DEPRECIATION>                                  29,540
<TOTAL-ASSETS>                                  54,442
<CURRENT-LIABILITIES>                           19,780
<BONDS>                                            576
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,167
<OTHER-SE>                                      14,787
<TOTAL-LIABILITY-AND-EQUITY>                    54,442
<SALES>                                         69,785
<TOTAL-REVENUES>                                69,785
<CGS>                                           52,398
<TOTAL-COSTS>                                   52,398
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 605
<INCOME-PRETAX>                                    788
<INCOME-TAX>                                       143
<INCOME-CONTINUING>                                645
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       645
<EPS-PRIMARY>                                      .41
<EPS-DILUTED>                                      .41
        

</TABLE>
§ 583.315 What is the process for negotiating and executing an agreement? ( a ) Upon completion of the technical, environmental and other evaluations established in §§ 583.305 and 583.310, BOEM will decide whether to enter into a negotiated noncompetitive agreement with the applicant for use of OCS sand, gravel, or shell resources for its proposed project.
( b ) If BOEM decides not to enter into such an agreement, BOEM will inform the applicant of its reasons for not doing so. An applicant may ask the BOEM Director for reconsideration of this decision, in accordance with § 583.125(a).
( c ) If BOEM has decided to enter into a negotiated noncompetitive agreement with the applicant, BOEM will negotiate the terms and conditions of the agreement with the applicant and prepare a draft agreement for the applicant's review.
( d ) After considering comments and suggestions from the applicant, BOEM, at its discretion, may finalize the agreement and distribute it to the applicant for signature.
( e ) Upon receipt of the agreement with the applicant's signature, BOEM will execute the agreement. A copy of the executed agreement will be mailed to the parties.
### Part J—Cost-of-Living Adjustment of Annuities