alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CONN *vs.*PREWITT et al., Adm'rs.

[ejectment,]

t. *Ejectment; what will not support, against personal representative of decedent*A plaintiff in ejectment can not recover against the personal representatives of a decedent on a parol gift of the land to him by the said decedent, though accompanied with the possession; whether the consideration of the gift was the marriage of the plaintiff with his daughter or not.

Appeal from the Circuit Court of Clay.

Tried before Hon. Charles Pelham.

The facts are sufficiently stated in the opinion,

Lewis E. Parsons, for appellant.

Taul Bradford, *contra.*

*637[No briefs came into Eeporter’s hands.]

B. E. SAEEOLD, J.

The appellant, as plaintiff in an action of ejectment, sought to recover land of which the appellees, as administrators of Alexander Prewitt, were in possession.

His evidence was, that in 1856 he married the daughter of the intestate, who shortly afterwards put him in possession of the premises. He erected buddings and made other improvements thereon, and occupied the same until after the death of his father-in-law. After this time, he held possession by a tenant from whom the defendants, in some way unknown to him, obtained the actual possession. His father-in-law, from 1856 to his death in 1867, recognized the property as his, both by his repeated declarations and his acts, particularly in paying taxes upon it as hiS agent. The court, at the instance of the defendants, charged the jury to find for them.

In *Trammell v. Simmons,*(17 Ala. 411,) this court said that while one in possession of land may recover against a mere trespasser who ejects him, a vendee with no other title than his vendor’s bond can not recover against the legal title. In *Pinckard v. Pinckard,*(23 Ala. 649,) and *Evans v. Battle,*(19 Ala. 398,) it was expressly decided that equity will not enforce the specific execution of a parol gift of land by a father to his son, though accompanied by delivery of possession, either against the father himself, or his heirs-at-law and personal representatives after his death.

Under the authority of the above decisions, it is impossible for the plaintiff to recover in an action at law.

The judgment is affirmed.
§ 912.843 Federal enforcement. ( a ) Part 843 of this chapter, *Federal Enforcement,* shall apply when enforcement action is required for violations on surface coal mining and reclamation operations.
( b ) The Office will furnish a copy of each enforcement action and order to show cause issued pursuant to this section to the Office of the Idaho Attorney General upon request.
#### Kamen Soap Products Co., Inc., Appellant, v. Prusansky & Prusansky, Inc., et al., Respondents. National Factors, Inc., Appellant, v. Prusansky & Prusansky, Inc., et al., Respondents.

Judgment reversed on the law and the facts and in the interest of justice, and a new trial ordered, with costs to abide the event. On the first trial, plaintiffs obtained a verdict of a jury, based in effect on a finding that defendants had negligently failed to advise plaintiffs of the cancellation of two fire insurance policies with the consequent result that plaintiffs omitted to obtain other coverage for a loss thereafter sustained. This court reversed the judgment on the ground that the verdict was against the weight of the credible evidence and remanded -the case for a new trial. *(Kamen Soap Prods. Go.*v. *Prusansky & Prusansky,*5 A D 2d 620.) On the second trial a jury found for defendants, and plaintiffs now appeal. Initially, we find no error in the exclusion and restriction of evidence at the trial. Nor do we quarrel with the finding in favor of defendants. However, we have concluded that plaintiffs were deprived of a fair trial and an unprejudiced consideration of the case by the jury because of Trial Judge’s repeated lengthy cross-examination of plaintiffs’ witnesses, constant interruptions of answers of the witnesses and unnecessary criticisms of plaintiffs’ counsel; and because the Judge so far injected himself into the proceedings that the jury could not review the ease in the calm and untrammelled spirit necessary to effect justice. In fact, about *677500 folios of a record of 2,500 folios are taken up with the Judge’s participation and comments at the trial. Under the circumstances, plaintiffs were not accorded the fair and impartial trial to which they were entitled, and it is unfortunate that we must direct a third trial of this action. Concur — Breitel, J. P., Valente, Stevens and Bastow, JJ.; McNally, J., dissents and votes to affirm in the following memorandum: I dissent and vote to affirm. I agree that a Trial Judge should at all times maintain an impartial attitude in his conduct and demeanor and should exercise a high degree of patience and.forbearance with counsel and witnesses to the end that a fair and impartial trial should be accorded all parties. In the instant ease, we all agree that the evidence supports the verdict. It is true that the Trial Judge took an active part in the interrogation of witnesses. Strict supervision of a trial and examination 'by the court with the view of clarifying issues and eliminating irrelevant matter is not necessarily objectionable. I cannot agree that the essentials of sound judicial conduct were violated. Any adverse effect the court’s interrogation may have had on plaintiffs’ case was the result of the evidence elicited rather than the fact that the testimony may have been responsive to questioning by the Trial Judge.
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site. 
**Title:****Geology of Paleozoic rocks inthe Upper Colorado River Basin in Arizona, Colorado, New Mexico, Utah, andWyoming, excluding the San Juan Basin /**
 
SuDoc Number:I 19.16:1411-A
Item Number:0624 (online)
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April 3, 2018
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1403-8 Criteria—Track haulage roads. ( a ) The speed at which haulage equipment is operated should be determined by the condition of the roadbed, rails, rail joints, switches, frogs, and other elements of the track and the type and condition of the haulage equipment.
( b ) Track haulage roads should have a continuous clearance on one side of at least 24 inches from the farthest projection of normal traffic. Where it is necessary to change the side on which clearance is provided, 24 inches of clearance should be provided on both sides for a distance of not less than 100 feet and warning signs should be posted at such locations.
( c ) Track haulage roads developed after March 30, 1970, should have clearance on the “tight” side of at least 12 inches from the farthest projection of normal traffic. A minimum clearance of 6 inches should be maintained on the “tight” side of all track haulage roads developed prior to March 30, 1970.
( d ) The clearance space on all track haulage roads should be kept free of loose rock, supplies, and other loose materials.
( e ) Positive stopblocks or derails should be installed on all tracks near the top and at landings of shafts, slopes, and surface inclines.
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen

Kurtis T. Wilder,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 3, 2017

d0925

Order 

Clerk

October 3, 2017

153803

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 153803

COA: 331428

Jackson CC: 15-004735-FH

DEVANIOR DEVON SIMPSON,

Defendant-Appellant. 

_________________________________________/

By order of October 26, 2016, the application for leave to appeal the April 6, 2016 

order of the Court of Appeals was held in abeyance pending the decisions in People v 

Steanhouse (Docket No. 152849) and People v Masroor (Docket Nos. 152946-8). On 

order of the Court, the cases having been decided on July 24, 2017, 500 Mich ___ (2017),

the application is again considered, and it is DENIED, because we are not persuaded that 

the questions presented should be reviewed by this Court.
減少畜肉、禽肉、豬肉加工與包裝設施員工

COVID-19風險的九項步驟

保障自身以及周圍工作人員的安全。即使在未出現

COVID-19症狀的情況下,請依然遵守以下步驟。

OSHA 4065-07 2020 — 9 Steps to Reducing Worker Exposure to COVID-19 in Meat, Poultry, and Pork Processing and Packaging Facilities (Chinese Traditional)

若生病,請留在

家中。

➊

穿戴防護設備以保障

基本安全,減少病毒

傳播。

➐

 

工歇時間避免人群

聚集,室外同理。

➌ 在生產線上裝配隔板

來達到物理距離。

➍

➎ 避免共用設備與工具。經

常清潔必須共用的工具

與設備。

如有任何安全與健康

擔憂,及時報告管理

人員或OSHA。

➑

➏ 使用肥皂與清水

洗手。

➋ 與同事保持至少6英

呎的物理距離。

1-800-321-OSHA (6742)

TTY 1-877-889-5627

www.osha.gov

職業安全與健

康管理局

盡可能避免共乘車往

返工作。

➒ 及時跟進公共衛生建議。更多

信息,請訪問www.osha.gov/

coronavirus或撥打1-800-

321-OSHA (6742)。
#### § 921.775 Administrative and judicial review of decisions.

Part 775 of this chapter, *Administrative and Judicial Review of Decisions,* shall apply to all decisions on permits.

[52 FR 13809, Apr. 24, 1987]
### **CHAPTER 61—ONE-CALL NOTIFICATION PROGRAMS**

Sec.
6101.
Purposes.
6102.
Definitions.
6103.
Minimum standards for State one-call notification programs.
6104.
Compliance with minimum standards.
6105.
Implementation of best practices guidelines.
6106.
Grants to States.
6107.
Funding.
6108.
Relationship to State laws.
6109.
Public education and awareness.

#### **Editorial Notes**

#### Amendments

**2016**—Pub. L. 114–183, §2(c)(2), June 22, 2016, 130 Stat. 516, substituted "Funding" for "Authorization of appropriations" in item 6107.

**2006**—Pub. L. 109–468, §3(b), Dec. 29, 2006, 120 Stat. 3490, added item 6109.

**2002**—Pub. L. 107–355, §2(c)(2), Dec. 17, 2002, 116 Stat. 2986, substituted "Implementation of best practices guidelines" for "Review of one-call system best practices" in item 6105.
EXHIBIT 32.1

                           SECTION 1350 CERTIFICATION

In connection with the Form 10-QSB of Tradequest International, Inc. (the
"Company") on Form 10-QSB for the period ending June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Luis
Alvarez, CEO 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, to the
best of my knowledge and belief:

      (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.

                                        /s/ Luis Alvarez
                                        ----------------
September 20, 2006                      Luis Alvarez, CEO, principal executive
                                        officer and principal accounting officer

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
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.
Presidential Documents

82869 

Federal Register 

Vol. 85, No. 244 

Friday, December 18, 2020 

Title 3— 

The President 

Notice of December 16, 2020 

Continuation of the National Emergency With Respect to Serious Human Rights Abuse and Corruption 

On December 20, 2017, by Executive Order 13818, the President declared 

a national emergency with respect to serious human rights abuse and corruption around the world and, pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), took related steps to deal with 

the unusual and extraordinary threat to the national security, foreign policy, 

and economy of the United States. 

The prevalence and severity of human rights abuse and corruption that 

have their source, in whole or in substantial part, outside the United States, 

continue to pose an unusual and extraordinary threat to the national security, 

foreign policy, and economy of the United States. For this reason, the 

national emergency declared on December 20, 2017, must continue in effect 

beyond December 20, 2020. Therefore, in accordance with section 202(d) 

of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 

1 year the national emergency declared in Executive Order 13818 with 

respect to serious human rights abuse and corruption. 

This notice shall be published in the Federal Register and transmitted to 

the Congress. 

THE WHITE HOUSE, 

December 16, 2020. 

[FR Doc. 2020–28154 

Filed 12–17–20; 11:15 am] 

Billing code 3295–F1–P 


khammond on DSKJM1Z7X2PROD with PRESDOCTrump.EPS</GPH>
I 

118TH CONGRESS 

2D SESSION H. R. 9910 

To amend title 5, United States Code, to increase the amount of military 

leave provided to Federal employees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2024 

Ms. SPANBERGER (for herself and Mr. WITTMAN) introduced the following 

bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To amend title 5, United States Code, to increase the 

amount of military leave provided to Federal employees, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Supporting Federal 

5 Employees in the National Guard and Reserves Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 9910 IH

1 SEC. 2. INCREASE IN MILITARY LEAVE FOR FEDERAL EM2 PLOYEES. 

3 Section 6323(a)(1) of title 5, United States Code, is 

4 amended by striking ‘‘rate of 15 days’’ and inserting ‘‘rate 

5 of 36 days’’. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
Appeal No. 77-108.

#### Lucy V. Digby *v.*Charles Digby.

*Ronald J. Resmini,*for plaintiff.

*Gum ning, LaFazia & Gnys, Edward P. Sowa, Jr.,*for defendant.

The defendant’s motion to affirm the judgment below pursuant to Rule 16(g) is denied.
No. 45,257

#### In the Matter of the Estate of Charles W. Johnson, Deceased. (Vernon Kephart, Executor of the Estate of Charles W. Johnson; and Lorena Meisenheimer, Opal Kreutzer, Leona Johnston and Carl Johnson, Appellees, v. Hazel M. Johnson, *Appellant.*)

Supplemental opinion filed April 22, 1969.

*R. R. Mitchell,*of Dodge City, argued the cause, and A. *L. Moffat,*of Kinsley, and *Don C. Smith*and *David L. Patton,*of Dodge City, were with him on the brief for the appellant.

*Bill Murray,*of Pratt, argued the cause, and *William*2V. *Beezley,*of Kinsley, and *B. V. Hampton*and *Bill Hampton, Jr.,*of Pratt, were with him on the brief for the appellees.

The opinion of the court was delivered by

O’Connor, J.:

The appellant, Hazel M. Johnson, has filed a motion for rehearing or modification of our decision in *In re Estate of Johnson,*202 Kan. 684, 452 P. 2d 286, insofar as it relates to the ownership of the checking account in The Macksville State Bank. After careful consideration we have concluded that the motion for rehearing should be denied, but the decision must be modified.

As indicated in the majority opinion, we deem the language of the “Signature Card” portion of the instrument signed by Hazel and Charles to be uncertain and ambiguous, and resort must be had to parol evidence in an effort to ascertain the intention of the depositor at the time the account was created. After further study of the record, we are convinced the district court erroneously determined that parol evidence relating to the facts and circumstances existing *263prior to and contemporaneously with the execution of the instrument was inadmissible. As a result, the parties were not permitted to develop fully their respective positions by the introduction of extrinsic evidence. Accordingly, Syllabus f 9 and the last paragraph on page 697 of the majority opinion are deleted.

The district court’s judgment in respect to the checking account is reversed and the case is remanded for further proceedings in accordance with the views expressed herein.

It is so ordered.
Fourth Department,

July, 1977

(July 12, 1977)

#### Dennis Darling, an Infant, by Wanda Darling, His Mother and Natural Guardian, et al., Appellants, v Zippo Manufacturing Co. Inc. et al., Respondents.

Appeal unanimously dismissed, without costs, upon stipulation. (Appeal from judgment of Erie Supreme Court—negligence.) Present —Cardamone, J. P., Simons, Dillon, Goldman and Witmer, JJ.
### **CHAPTER 3061—PROGRAM RESPONSIBILITIES AND AUTHORITIES**

#### SUBCHAPTER I—IN GENERAL

Sec.
306101.
Assumption of responsibility for preservation of historic property.
306102.
Preservation program.
306103.
Recordation of historic property prior to alteration or demolition.
306104.
Agency Preservation Officer.
306105.
Agency programs and projects.
306106.
Review of plans of transferees of surplus federally owned historic property.
306107.
Planning and actions to minimize harm to National Historic Landmarks.
306108.
Effect of undertaking on historic property.
306109.
Costs of preservation as eligible project costs.
306110.
Annual preservation awards program.
306111.
Environmental impact statement.
306112.
Waiver of provisions in event of natural disaster or imminent threat to national security.
306113.
Anticipatory demolition.
306114.
Documentation of decisions respecting undertakings.

#### SUBCHAPTER II—LEASE, EXCHANGE, OR MANAGEMENT OF HISTORIC PROPERTY

306121.
Lease or exchange.
306122.
Contracts for management of historic property.

#### SUBCHAPTER III—PROTECTION AND PRESERVATION OF RESOURCES

306131.
Standards and guidelines.
#### § 874.10 Information collection.

In accordance with 44 U.S.C. 3501 *et seq.,* the Office of Management and Budget (OMB) has approved the information collection requirements of part 874 and assigned it control number 1029-0113. This information is used to ensure that appropriate reclamation projects involving the incidental extraction of coal are conducted under the authority of section 528(2) of SMCRA and that selected projects contain sufficient environmental safeguards. Persons must respond to obtain a benefit. A Federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.

[73 FR 67639, Nov. 14, 2008]
<PAGE>
                                                                    EXHIBIT 12.1

                          IMCLONE SYSTEMS INCORPORATED

                       RATIO OF EARNINGS TO FIXED CHARGES

                                 (IN THOUSANDS)


<TABLE>
<CAPTION>
                                                                                  YEAR ENDED DECEMBER 31,
                                                            ---------------------------------------------------------------
                                                               2001         2000          1999          1998        1997
                                                            ----------   ----------   -----------   -----------  ----------
                                                                                     (IN THOUSANDS)
<S>                                                         <C>          <C>         <C>            <C>          <C>
Net loss.................................................   $ (102,229)  $  (70,351)  $   (34,611)  $   (21,382) $   (15,491)
Add:
   Fixed charges.........................................       15,762       13,208           766           624          734
Less:
Capitalized interest.....................................        1,656          846           204            --           --
                                                            ----------   ----------   -----------   -----------  -----------
Net loss, as adjusted....................................   $  (88,123)  $  (57,989)  $   (34,049)  $   (20,758) $   (14,757)
                                                            ==========   ==========   ===========   ===========  ===========
Fixed charges:
Interest (gross), including amortization
   of debt issuance costs................................       15,241       12,931           496           435          551
Portion of rent representative of the
   interest factor.......................................          521          277           270           189          183
                                                            ----------   ----------   -----------   -----------  -----------
Fixed charges............................................   $   15,762   $   13,208   $       766   $       624  $       734
                                                            ==========   ==========   ===========   ===========  ===========
Deficiency of earnings available to
   cover fixed charges...................................   $ (103,885)  $  (71,197)  $   (34,815)  $   (21,382) $   (15,491)
                                                            ==========   ==========   ===========   ===========  ===========
</TABLE>