alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
First Department,

July, 1963

(July 2, 1963)

#### Matilde Mulero, as Administratrix of the Estate of Jose Alvira, Deceased, Appellant, v. Great Gee Furniture Corp., Respondent.

Judgment for defendant unanimously reversed, on the law and the facts, and a new trial ordered, without costs. Although a verdict for the defendant would be consistent with the record, the court’s -instructions to the jury were so inadequate as to preclude a fair consideration of the factual problem. *(Molnar*v. *Slattery Contr. Co.,*8 A D 2d 95, 100; *Fox*v. *Hindus,*268 App. Div. 916.) At four-separate points in the charge the court instructed the jury that plaintiff administratrix was required to show absence of contributory negligence of the infant decedent; and in the one point at which the court placed with the defendant the burden on this issue, the instruction vías coupled with the proviso that “ on the whole ease ” plaintiff has the burden of- proof *“*in the manner in which I hare outlined it ” to establish “ all of the matters which I have already mentioned.” Concur — Botein, P. J., Breitel, Rabin, Eager and Bergan, JJ.
§ 870.12 Reclamation fee. ( a ) The operator shall pay a reclamation fee on each ton of coal produced for sale, transfer, or use, including the products of in situ mining.
( b ) The fee shall be determined by the weight and value at the time of initial bona fide sale, transfer of ownership, or use by the operator. ( 1 ) The initial bona fide sale, transfer of ownership, or use shall be determined by the first transaction or use of the coal by the operator immediately after it is severed, or removed from a reclaimed coal refuse deposit.
( 2 ) The value of the coal shall be determined F.O.B. mine.
( 3 ) The weight of each ton shall be determined by the actual gross weight of the coal. ( i ) Impurities that have not been removed prior to the time of initial bona fide sale, transfer of ownership, or use by the operator, excluding excess moisture for which a reduction has been taken pursuant to § 870.18, shall not be deducted from the gross weight.
( ii ) Operators selling coal on a clean coal basis shall retain records that show run-of-mine tonnage, and the basis for the clean coal transaction.
( iii ) Insufficient records shall subject the operator to fees based on raw tonnage data.
( c ) If the operator combines surface mined coal, including reclaimed coal, with underground mined coal before the coal is weighed for fee purposes, the higher reclamation fee shall apply, unless the operator can substantiate the amount of coal produced by surface mining by acceptable engineering calculations or other reports which the Director may require.
( d ) The reclamation fee shall be paid after the end of each calendar quarter beginning with the calendar quarter starting October 1, 1977.
[47 FR 28593, June 30, 1982, as amended at 53 FR 19726, May 27, 1988; 59 FR 28169, May 31, 1994; 69 FR 56130, Sept. 17, 2004]
#### In the Matter of Frederick A. Collins, Jr., et al., v. Lucia B. Collins.

Motion to dismiss appeal granted, with $10 costs, unless the respondent-respondent-appellant procures her appellant’s points to be served and filed on or before December 5, 1960, with notice of argument for the January 1961 Term of this court, said appeal to be argued or submitted when reached, together with the appeal taken by the petitioners-appellants-respondents from the order of the Surrogate’s Court, New York County, entered on August 8, 1960. Concur — Botein, P. J., Rabin, Stevens and Eager, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-01-1998
<PERIOD-START>                             JUN-02-1997
<PERIOD-END>                               AUG-31-1997
<CASH>                                          80,683
<SECURITIES>                                         0
<RECEIVABLES>                                  818,531
<ALLOWANCES>                                         0
<INVENTORY>                                  5,771,989
<CURRENT-ASSETS>                             8,991,220
<PP&E>                                      17,229,042
<DEPRECIATION>                               5,316,350
<TOTAL-ASSETS>                              22,616,381
<CURRENT-LIABILITIES>                        9,978,820
<BONDS>                                              0
<COMMON>                                        62,646
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                   8,079,986
<TOTAL-LIABILITY-AND-EQUITY>                22,616,381
<SALES>                                     10,913,697
<TOTAL-REVENUES>                                     0
<CGS>                                        6,418,791
<TOTAL-COSTS>                                4,443,642
<OTHER-EXPENSES>                               166,365
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (115,101)
<INCOME-TAX>                                     2,500
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (117,601)
<EPS-PRIMARY>                                   (0.04)
<EPS-DILUTED>                                        0
        

</TABLE>
IV 

118TH CONGRESS 

2D SESSION H. RES. 1157 

Recognizing linemen, the profession of linemen, the contributions of these 

brave men and women who protect public safety, and expressing support 

for the designation of April 18, 2024, as ‘‘National Lineman Appreciation 

Day’’. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2024 

Mr. ROUZER (for himself, Mr. FLOOD, Ms. PEREZ, Mr. FITZPATRICK, Mr. 

KEAN of New Jersey, Mrs. CAMMACK, Mr. GRAVES of Missouri, Ms. 

ROSS, Mr. AUSTIN SCOTT of Georgia, Mr. FLEISCHMANN, Ms. ADAMS, 

Mrs. MILLER of West Virginia, Mr. HUDSON, Mr. BABIN, Mrs. CHAVEZDEREMER, Mr. VEASEY, Ms. WILD, Mr. DUNN of Florida, Mr. NORMAN, 

Mr. SMITH of New Jersey, Ms. TOKUDA, Mr. DONALDS, Ms. WILSON of 

Florida, Mr. LAMALFA, Mr. NICKEL, Mr. MCGARVEY, and Mr. BOYLE

of Pennsylvania) submitted the following resolution; which was referred 

to the Committee on Energy and Commerce 

RESOLUTION 

Recognizing linemen, the profession of linemen, the contributions of these brave men and women who protect public 

safety, and expressing support for the designation of 

April 18, 2024, as ‘‘National Lineman Appreciation 

Day’’. 

Whereas the profession of linemen is steeped in personal, 

family, and professional tradition; 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HRES 1157 IH 

Whereas linemen are often first responders during storms 

and other catastrophic events, working to make the scene 

safe for other public safety heroes; 

Whereas linemen must work high atop powerlines 24 hours 

a day, 365 days a year, to keep electricity flowing; 

Whereas linemen play a vital role in the Nation’s economy by 

maintaining and growing the energy infrastructure of the 

United States; 

Whereas linemen must often work under dangerous conditions separated from their families to keep schools and 

businesses open; 

Whereas linemen deserve recognition from the community regarding the danger of their work; and 

Whereas, April 18, 2024, would be an appropriate date to 

designate as ‘‘National Lineman Appreciation Day’’: 

Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes the efforts of linemen in keeping 

3 the power on and protecting public safety; 

4 (2) supports the designation of ‘‘National Line5 man Appreciation Day’’; and 

6 (3) recognizes linemen as first responders. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS
#### § 196.455 Textbooks and curricular material.

Nothing in these Title IX regulations shall be interpreted as requiring or prohibiting or abridging in any way the use of particular textbooks or curricular materials.
##### 



Exhibit 10.35 [SYBASE LETTERHEAD] January 2, 2001 Steve Capelli
Sybase, Inc.
6475 Christie Ave.
Emeryville, CA 94608 Dear Steve: This letter cancels and supersedes my previous letter to you of November 2,
2000. Thank you for your contributions in FY 2000 and for closing a strong Q4. I am
counting on your continuing geography leadership of North America, tenacity,
and dedication to your region and to Sybase, Inc. to meet our challenges for
2001 and beyond in the following core priorities:  
    
    instituting a solution mind set throughout the field;
    
    developing robust channels for the divisions to minimize current primary interdependencies with ESD; and
    
    establishing and effectively managing a profitable and substantial ProServ business. In recognition of your contributions to Sybases success and your critical
participation in my core management team, I am pleased to inform you of your
participation in the following special programs:  1.
    
    a one-time special stock option grant of 75,000 shares with a
cliff vesting of January 15, 2003; and2.
    
    US$200,000 one-time retention bonus payable on January 15,
2003. Both of the above programs require that you remain as a Sybase employee of good
standing through January 15, 2003 (for special cliff vesting and payment of the
retention bonus). The stock option documents (for #1 above) will be sent to
you by Nita White-Ivy in a few weeks. If you have any additional questions,
you may contact her at speed dial 219-3288. I thank you for your continuing commitment and loyalty to Sybase and our team.
In view of the fact that I have designed these programs specifically to
recognize and reward your contribution and commitment, please keep it
confidential. Sincerely, /S/ JOHN S. CHEN John S. Chen
Chairman, CEO and President JSC/elf
Exhibit 32.2 Certification of Periodic Financial Report Pursuant to 18 U.S.C. Section 1350





The undersigned officer of The First Bancorp, Inc. (the "Company") hereby certifies that the Company's annual report on Form 10-K/A for the period ended December 31, 2013 to which this certification is being furnished as an exhibit (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. This certification is provided pursuant to 18 U.S.C. Section 1350 and Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated under the Securities Act of 1933, as amended (the "Securities Act"), and the Exchange Act. In accordance with clause (ii) of Item 601(b)(32), this certification (A) shall not be deemed "filed" for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section, and (B) shall not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.





Date: December 1, 2015








/s/F. Stephen Ward


F. Stephen Ward


Treasurer and Chief Financial Officer
### DIVISION C—AMERICAN ANTIQUITIES
<PAGE>   1
           Certificate of Amendment of Certificate of Incorporation

                                      of


                          NYTEST ENVIORNMENTAL INC.


     It is hereby certified that:

     1.  The name of the corporation (hereinafter called the "Corporation") is 
Nytest Enviornmental Inc.

     2.  The certificate of incorporation of the corporation is hereby amended
by striking out Article FOURTH thereof and by substituting in lieu of said
Article the following new Article:

     "FOURTH:  The Corporation shall be authorized to issue the following
               shares:

               Class             No. of Shares             Par Value
               -----             -------------             ---------

               Common            30,000,000                $.01

     3.  As of the date of this Certificate of Amendment there are 5,669,290
shares of Common Stock, $.01 par value issued and outstanding, and no shares of
Preferred Stock issued and outstanding.  The foregoing amendment increases the
number of shares of authorized common stock from 10,000,000 to 30,000,000. 
This Amendment shall not affect the rights of the holders of any outstanding
shares of Common Stock.

     4.  The amendment of the certificate of incorporation herein certified has
been duly adopted in accordance with the provisions of section 242 of the
General Corporation Law of the State of Delaware.

Signed and attested to on April 7, 1997.

                                            /s/ John Gaspari
                                            -----------------------
                                            John Gaspari, President


/s/ Jay W. Shearard
--------------------------
Jay W. Shearard, Secretary
### §4702. Research programs

The Office of Personnel Management shall—

(1) establish and maintain (and assist in the establishment and maintenance of) research programs to study improved methods and technologies in Federal personnel management;

(2) evaluate the research programs established under paragraph (1) of this section;

(3) establish and maintain a program for the collection and public dissemination of information relating to personnel management research and for encouraging and facilitating the exchange of information among interested persons and entities; and

(4) carry out the preceding functions directly or through agreement or contract.

(Added Pub. L. 95–454, title VI, §601(a), Oct. 13, 1978, 92 Stat. 1185.)

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

#### Effective Date

Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title.
##### 



EXHIBIT 21
 LIST OF SUBSIDIARIES OF
CAPSTEAD MORTGAGE CORPORATION
  State ofDomicilePARENT COMPANYSUBSIDIARYCapstead Mortgage Corporation (CMC)
    
    MarylandCapstead Capital Corporation
    
    DelawareCapstead Inc.(1)
    
    DelawareCapstead Mortgage Trust I (2)
    
    DelawareCapstead Mortgage Trust II (2)
    
    DelawareCapstead Securities Corporation IV
    
    DelawareCMC Real Estate Capital GP, LLC
    
    DelawareCMC Real Estate Capital, L.P.(3)
    
    DelawareCMC Securities Corporation III
    
    DelawareCMC Securities Corporation IV
    
    Delaware
 
 (1)
    
    CMC owns all of the issued and outstanding preferred stock representing 98.5% of Capstead
Inc.(2)
    
    CMC owns 100% of the common securities of these unconsolidated statutory trusts formed to
issue preferred securities to unrelated third party investors.(3)
    
    CMC owns 99.9% of CMC Real Estate Capital, L.P. with the remainder held by CMC Real Estate
Capital GP, LLC.
§ 2004.28 Cost reports. ( a ) Agencies must annually report to the Director, ISOO, on their NISP implementation costs for the previous year.
( b ) CSAs must annually collect information on NISP implementation costs incurred by entities under their cognizance and submit a report to the Director, ISOO.
# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
No. 04

- 19

- 00210

- CV
IN RE Justin HALL Original Mandamus Proceeding 1
PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Luz Elena D. Chapa, Justice Beth Watkins, Justice
Delivered and Filed: August 7, 2019
ORIGINAL PROCEEDING DISMISSED FOR WANT OF PROSECUTION On April 8, 2019, relator filed a petition for writ of mandamus complaining of an order signed by the Honorable Tom Rickhoff on March 29, 2018. However, Judge Rickhoff, the

resp ondent, is no longer the presiding judge of Bexar County Probate Court No. 2. When one named in his official capacity as a party to an original proceeding no longer holds the office, abatement is required to allow that party’s successor to “reconsider the original party’s decision.”
See T EX . R. A PP . P. 7.2(b). Accordingly, we ordered the substitution of Judge Veronica Vasquez as respondent in this original proceeding, see T EX . R. A PP . P. 7.2(a), and abated this cause to allow Judge Vasquez to rule de nov o on Frances A. Hall’s “Plea to the Jurisdiction and, In the Alternative, Motion for Traditional Summary Judgment.” On June 28, 2019, Judge Vasquez

1 This proceeding arises out of Ca use No. 2013

- PC

- 3848, styled In the Estate of Bill Hall, Jr., Deceased , pending in the Probate Court No

. 2, Bexar County, Texas, the Honorable Veronica Vasquez presiding.04

- 19

- 00210

- CV

- 2

- signed an order stating, in part, that relator’s “Motion to Reconsider Prior Judge’s Order Granting
Frances A. Hall’s Plea to the Jurisdiction is DENIED.” Thereafter, r elator filed a motion in this

court requesting an extension of time in which to file an amended petition for writ of mandamus.
On July 2, 2019 , this court granted the motion, ordered the amended petition or a motion to dismiss
be filed by July 15, 2019, and cautioned relator that if he did not timely respond, this original proceeding would be dismissed for want of prosecution. On July 24, 2019, relator filed a second motion asking for an extension of time until “no later than Monday, July 29, 2019.” On July 25, 2019, this court granted th e motion , order ed the
amended petition or a motion to dismiss be filed by July 29, 2019, and again caution ed relator that if he did not timely respond, this original proceeding would be dismissed for want of prosecution.
Our order also stated no further e xtensions of time would be considered.
R elator has not responded to this court’s order ; therefore, we dismiss this original proceeding for want of prosecution.
PER CURIAM
<PAGE>



                                                                      EXHIBIT 21

                         SUBSIDIARIES OF THE REGISTRANT

<TABLE>
<CAPTION>

NAME                                              JURISDICTION OF INCORPORATION
<S>                                                  <C>
The National City Bank                               United States
  of Evansville

First Kentucky Bank                                  Commonwealth of Kentucky

The Bank of Mitchell                                 State of Indiana

NCBE Leasing Corp.                                   State of Indiana

White County Bank                                    State of Illinois

Twenty-One Southeast Third                           State of Indiana
Corporation

Bank of Illinois,                                    United States
National Association

First Federal Savings Bank                           United States
  of Leitchfield

First National Bank                                  United States
  of Bridgeport

First Bank of Huntingburg                            State of Indiana

NCBE Capital Trust I                                 State of Delaware

Illinois One Bank,                                   United States
National Association

Community First Bank,                                United States
National Association

Community First Bank of Kentucky                     Commonwealth of Kentucky

Trigg County Farmers Bank                            Commonwealth of Kentucky

Ripley County Bank                                   State of Indiana

Princeton Federal Bank, fsb                          United States

The Progressive Bank,                                United States
National Association

</TABLE>