alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### BERG, Respondent, v. THIRD AVE. R. CO., Appellant.

(Supreme Court, Appellate Division, First Department.

November 6, 1903.)

Action by Fannie Berg against the Third Avenue Railroad Company.

B. Hames, for appellant. L. A. Jaffer, for respondent.

PER CURIAM.

Judgment and order affirmed, with costs.

HATCH, J., dissents.
#### Francis M. Dunphy et al., Respondents, v. Jack Bolton, Appellant.

In affirming the order appealed from we suggested: *“*Although there may possibly be a distinction in principle between the case of the infant and that of the adult no such distinction is argued or suggested by appellants.” (20 A D 2d 854.) Thereafter we granted reargument as to the derivative action and the issue is now before us. A judgment had been entered on the verdict of a jury of no cause of action as to both the infant’s ease and the mother’s *724derivative action. When it was discovered that no guardian ad litem had been appointed for the infant plaintiff, Special Term granted an order vacating the judgment 'both as to the infant and the infant’s mother. On reargument we 'think that the judgment as to the mother should be permitted to stand and that the order should be modified accordingly. Order modified by inserting after “ vacated and set aside ” the following: *“*as to Francis M. Dunphy, an infant, by Althea Rosenbluin, his guardian ad litem,” and, as so modified, affirmed, without costs to either party on this appeal. Herlihy, J. P., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.
NOTE: This order is nonprecedential. 

# United States Court of Appeals for the Federal Circuit 2009-5067 MULTISERVICE JOINT VENTURE, LLC, Plaintiff, and JANICE DAVIS,

Sanctioned Party-Appellant,
v. UNITED STATES,

Defendant-Appellee. Appeal from the United States Court of Federal Claims in 06-CV-312,

Judge Thomas C. Wheeler. ON MOTION Before MAYER, 

### Circuit Judge. ORDER The United States moves to stay proceedings in this appeal pending the ruling of the United States Court of Federal Claims on a motion for reconsideration. The United States moves for a 62-day extension of time, until September 21, 2009, to file its brief. The United States indicates that the trial court recently denied the reconsideration motion and thus the motion to stay is moot. Accordingly, IT IS ORDERED THAT: (1) The motion to stay is moot.

### (2) The motion for an extension of time is granted. No further extensions

should be anticipated. FOR THE COURT 

### JUL 29 2009 /s/ Jan Horbalv Jan Horbaly Clerk Date

cc: Matthew H. Solomson, Esq. Janice Davis, Esq.
s17 use coujor iLEAppets FOR THE FEDERAL CIRCUIT JUL 29 2009 

### JAN rithdlaY CLERIC

2009-5067 2
#### 1552.209-72 Organizational conflict of interest certification.

As prescribed in 1509.507-1(b), insert the following provision in all solicitation documents when applicable.

# Organizational Conflict of Interest Certification (APR 1984)

The offeror [ ] is [ ] is not aware of any information bearing on the existence of any potential organizational conflict of interest. If the offeror is aware of information bearing on whether a potential conflict may exist, the offeror shall provide a disclosure statement describing this information. (See section L of the solicitation for further information.)

(End of provision)

[49 FR 8867, Mar. 8, 1994, as amended at 59 FR 18620, Apr. 19, 1994]
#### 1852.216-81 Estimated cost.

As prescribed in 1816.307-70(d), insert the following clause:

# Estimated cost (DEC 1988)

The total estimated cost for complete performance of this contract is $ [Insert total estimated cost of the contract]. See FAR clause 52.216-11, Cost Contract—No Fee, of this contract.

(End of clause)

[62 FR 3486, Jan. 23, 1997]
#### 1852.219-82 Limitation on subcontracting—STTR program.

As prescribed in 1819.7302(c), insert the following clause:

# Limitation on Subcontracting—STTR Program (OCT 2006)

The Contractor shall perform a minimum of 40 percent of the work under this contract (total contract price including cost sharing if any, less profit if any). A minimum of 30 percent of the work under this contract shall be performed by the research institution. Since the selection of R&D contractors is substantially based on the best scientific and technological sources, it is important that the Contractor not subcontract technical or scientific work without the Contracting Officer's advance approval.

(End of clause)

[71 FR 61688, Oct. 19, 2006]
#### Benjamin Sullivan, appellee, v. Charles Ross & Company, appellant.

Gen. No. 29,648.

Action of forcible detainer. Judgment for plaintiff. Appeal from the Municipal Court of Chicago; the Hon. Howard Hayes, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1924.

Affirmed.

Opinion filed May 11, 1925.

Simon T. Sutton, for appellant; Harry A. Goldsmith, of counsel.

Jose Ward Hoover, for appellee; George B. Cohen and Frank Moland, of counsel.

Mr. Justice Johnston

delivered the opinion of the court.
#### *In the Matter of Brooklyn Hospital et al., Appellants, v John F.*Lennon, as Acting Superintendent of Insurance of the State of New York, Respondent, and Medical Malpractice Insurance Association, Intervenor-*Respondent.*

*In a proceeding pursuant to section 34 of the Insurance Law*to stay the enforcement of the medical malpractice insurance rates used in calculating the medical malpractice insurance premiums charged to petitioners for the year beginning July 1, 1975, pending the determination of a hearing before the New York State Insurance Department with respect to those rates, petitioners appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County, dated October 6, 1978, as denied their application. Judgment affirmed insofar as appealed from, without costs or disbursements. Special Term’s denial of the stay was not an improvident exercise of discretion. However, a speedy resolution of the issues raised by petitioners at the hearing commenced by the Department of *Insurance on November 20, 1978, would be in the interest of justice. Titone,*J. P., Rabin, Gulotta and Margett, JJ., concur.
Exhibit 32.2

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 Lubys, Inc. on Form 10-Q for the fiscal quarter ended February 9, 2011, as filed with the Securities and Exchange Commission on the date hereof, I, K. Scott Gray, Senior Vice President and Chief Financial Officer of the Company,
hereby 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.



|                     |  |     |  |                                                                                
|-------------------- |  | --- |  | -------------------------------------------------------------------------------
|Date: March 11, 2011 |  | By: |  | /s/ K. Scott Gray                                                              
|                     |  |     |  | K. Scott Gray                                                                  
|                     |  |     |  | Senior Vice President, Chief Financial Officer and Principal Accounting Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>        <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               JUL-02-1999
<CASH>                                           1,469
<SECURITIES>                                       490
<RECEIVABLES>                                    8,906
<ALLOWANCES>                                     4,109
<INVENTORY>                                     13,863
<CURRENT-ASSETS>                                29,192
<PP&E>                                           4,125
<DEPRECIATION>                                   2,913
<TOTAL-ASSETS>                                  53,348
<CURRENT-LIABILITIES>                           22,184
<BONDS>                                         20,750
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      3,343
<COMMON>                                           513
<OTHER-SE>                                       6,482
<TOTAL-LIABILITY-AND-EQUITY>                    53,348
<SALES>                                         42,743
<TOTAL-REVENUES>                                43,447
<CGS>                                           38,271
<TOTAL-COSTS>                                   38,271
<OTHER-EXPENSES>                                 4,570
<LOSS-PROVISION>                                    67
<INTEREST-EXPENSE>                                 574
<INCOME-PRETAX>                                    424
<INCOME-TAX>                                         9
<INCOME-CONTINUING>                                415
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       415
<EPS-BASIC>                                        .01
<EPS-DILUTED>                                      .01


</TABLE>
# U.S. Department of Education

# Title IV Loans

# Borrower Defenses

# Agenda of Issues to Be Negotiated

**Issue 1:** Whether to establish a new standard for the purpose of determining whether a borrower can establish a defense to repayment on a loan based on an act or omission of a school

**Issue 2:** Time period for availability of Borrower Defense to Repayment claims 

**Issue 3:** Developing a regulatory framework for the process of submitting, reviewing, and determining the veracity of Borrower Defense to Repayment (DTR) claims

**Issue 4:** Update and expand the existing categories of false certification discharges

**Issue 5:** Whether to revise the financial responsibility or administrative capability regulations, and whether to add disclosure requirements, to help protect students, the federal government, and taxpayers against potential school liabilities and risks.

**Issue 6:** Allow loan holders to rely on faxed or electronically submitted death certificates for purposes of discharging loans or TEACH Grant service obligations based on the death of the borrower or TEACH Grant recipient 

**Issue 7:** Revise the Direct Consolidation Loan regulations to allow for the consolidation of Nurse Faculty Loans 

**Issue 9:** Make Technical Changes to the Pay as You Earn (PAYE) and Revised Pay as You Earn (REPAYE) Plan regulations and Removal of FFEL from Income Contingent Repayment Plans at Section 685.209

***The following five items remain under consideration:***

**Issue 8:**Prohibiting Loan Holder Interest Capitalization Upon Loan Rehabilitation 

**Issue 10:** Revise 34 Revise 34 CFR 682.410(b), regarding the charging of collection costs by a guaranty agency to a defaulted borrower who responds within 60 days to the initial notice sent by the guaranty agency after it pays a default claim and acquires the loan from the lender

**Issue XX:**  Closed school discharge 

2.17.2016
### §8356. Depredation permits for black vultures and common ravens

#### (a) In general

The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (referred to in this section as the "Secretary"), may issue depredation permits to livestock producers authorizing takings of black vultures or common ravens otherwise prohibited by Federal law to prevent those vultures or common ravens from taking livestock during the calving season or lambing season.

#### (b) Limited to affected States or regions

The Secretary may issue permits under subsection (a) only to livestock producers in States and regions in which livestock producers are affected or have been affected in the previous year by black vultures or common ravens, as determined by Secretary.

#### (c) Reporting

The Secretary shall require, as a condition of a permit under subsection (a), that the permit holder shall report to the appropriate enforcement agencies the takings of black vultures or common ravens pursuant to the permit.

(Pub. L. 116–188, title I, §103, Oct. 30, 2020, 134 Stat. 911.)
#### OISHEI v. METROPOLITAN ST. RY. CO. et al.

(Supreme Court, Appellate Division, First Department.

January 26, 1906.)

Appeal from Special Term, New York County.

Action by Achille J. Oishei against the Metropolitan Street Railway Company and another. From a judgment for plaintiff entered on a decision after trial. Defendants appeal.

Modified.

Argued before O’BRIEN, P. J., and McLAUGHLIN, CLARICE, INGRAHAM, and LAUGHLIN, JJ.

Bayard H. Ames, for appellant Metropolitan St. Ry. Co.

Lyman A. Spalding, for appellant Annie Gallo.

Nelson L. Reach, for respondent.

McLAUGHLIN, J.

The defendant Annie Gallo, wife of Domenico Gallo, one of the defendants in two actions brought by this plaintiff against him and the Metropolitan Street Railway Company, brought an action to recover damages for personal injuries sustained by her through the negligence of the railway company. Prior to the com*452mencement of the action she entered into a written agreement with her attorney, which provided among other things, as follows:

> “I do hereby agree, stipulate, and contract with my said attorney to pay him one-half of any settlement or recovery in said action, and he is, in addition thereto, to receive all costs- and interests recovered, or to which he may be entitled. And I further agree with my said attorney not to make any settlement, unless he is present and receives his share in accordance with this agreement.”

That action was settled without the knowledge or consent of the plaintiff’s attorney, for $200, and a general release given. After the settlement the attorney (this plaintiff) brought this action against the Railway Company and Annie Gallo, to enforce a lien, which he asserted he had upon the proceeds of the settlement. The action was tried without a jury, and in the decision filed judgment was entered adjudging and decreeing that the plaintiff had a lien upon one-half of the consideration for the settlement, viz., $100, and in addition thereto, the costs in the negligence action to the time of the settlement, viz., $95.50, making in all $195.50. Each defendant appeals from this judgment.

Eor the reasons stated in Oishei v. Metropolitan St. Ry. Co. and Domenico Gallo (decided herewith) 97 N. Y. Supp. 447, the judgment is erroneous, in so far as it determines that the plaintiff had a lien on $95.50, the costs in the negligence action to the time of settlement, and must be modified by deducting therefrom said sum.

The judgment appealed from, therefore, is modified by deducting therefrom the sum of $95.50, and, as thus modified, the same is affirmed, without costs to either party. All concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS FINANCIAL DATA SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY'S CONSOLIDATED
FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0000015511
<NAME> THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                             146
<SECURITIES>                                         0
<RECEIVABLES>                                      435
<ALLOWANCES>                                        43
<INVENTORY>                                        204
<CURRENT-ASSETS>                                 1,149
<PP&E>                                          26,784
<DEPRECIATION>                                   4,898
<TOTAL-ASSETS>                                  23,963
<CURRENT-LIABILITIES>                            1,922
<BONDS>                                          4,129
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                       9,989
<TOTAL-LIABILITY-AND-EQUITY>                    23,963
<SALES>                                              0
<TOTAL-REVENUES>                                 4,470
<CGS>                                                0
<TOTAL-COSTS>                                    3,479
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 154
<INCOME-PRETAX>                                    837
<INCOME-TAX>                                       314
<INCOME-CONTINUING>                                523
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       523
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
Exhibit 32


                          ASPEN EXPLORATION CORPORATION

                   Certification pursuant to 18 U.S.C. ss.1350
           Principal Executive Officer and Principal Financial Officer

          To my knowledge: the annual report on Form 10-KSB for the period ended
June 30, 2006, containing financial statements for the period then ended, fully
complies with the requirements of Section 13(a) of the Securities Act of 1934;
and the information contained in the Form 10-KSB fairly presents, in all
material respects, the financial condition and results of operations of Aspen
Exploration Corporation for the periods presented.


October 11, 2006


 /s/ Robert A. Cohan
--------------------------------
Robert A. Cohan, Chief Executive
Officer and Chief Financial Officer
<PAGE>
                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the use in the Statement of Additional Information
constituting part of this Post Effective Amendment No. 2 to the Registration
Statement File No. 333-77117 on Form N-4 (the "Registration Statement") of (1)
our reports dated February 1, 2000 relating to the financial statements of
Separate Account Nos. 4, 191, 200 and 206 of The Equitable Life Assurance
Society of the United States for the year ended December 31, 1999; (2) our
reports dated February 11, 2000 relating to the financial statements of Separate
Account Nos. 8 and 30 of The Equitable Life Assurance Society of the United
States for the year ended December 31, 1999; and (3) our report dated February
1, 2000 relating to the consolidated financial statements of The Equitable Life
Assurance Society of the United States for the year ended December 31, 1999,
which reports appear in such Statement of Additional Information, and to the
incorporation by reference of our reports into the Prospectus which constitutes
part of this Registration Statement. We also consent to the use in the
Prospectus Supplement constituting part of this Registration Statement of our
report dated February 1, 2000 relating to the financial statements of Separate
Account No. 4 of The Equitable Life Assurance Society of the United States for
the year ended December 31, 1999, which report appears in such Prospectus
Supplement. We also consent to the references to us under the headings "Appendix
I: Condensed Financial Information" and "About our independent Accountants" in
the Prospectus.


PricewaterhouseCoopers LLP
New York, New York
April 24, 2000
##### 



Exhibit 32.3 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 Current Report on Form 10-Q of Claires Stores,
Inc. (the Company) for the quarterly period ended July 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Ira D. Kaplan, Chief Financial Officer 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. /s/ Ira D. KaplanIra D. KaplanChief Financial OfficerSeptember 2, 2004
 26
#### The People of the State of New York, Respondent, v Michael Rice, Appellant.

— Two judgments of the County Court, Nassau County, both rendered July 12, 1978, affirmed. No opinion. This case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5). O’Connor, J. P., Rabin, Gulotta and Shapiro, JJ., concur.
|EXHIBIT 32.1CERTIFICATION PURSUANT TO18 U.S.C. § 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
In connection with the Annual Report of Security National Financial Corporation (the Company)
on Form 10-K for the period ending December 31, 2006, as filed with the Securities and Exchange Commission
on the date hereof (the Report), I, George R. Quist, Chairman of the Board and Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. §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.
|    |                                                                                                                                                     

|By: | George R. Quist          
|--- | -------------------------
|    | Chairman of the Board and
|    | Chief Executive Officer  
|    | March 31, 2007           

|
|