alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### MARY F. MURPHY, Appellant, v. ST. JOSEPH RAILWAY, LIGHT, HEAT & POWER CO., Respondent.

Kansas City Court of Appeals,

November 1, 1909.

STREET RAILWAYS: Contributory Negligence: Humanitarian Doctrine. An old woman carrying a basket and wearing a sunbonnet was crossing street railway tracks and was guilty of negligence; but as the motorman saw or should have seen her peril in time to have stopped the car before striking her, the railway company is liable under humanitarian rule.

Appeal from Buchanan Circuit *Court.*— Hon. *L. J.*Eastin, Judge.

Reversed and remanded.

*437
      *Mytton é Parkinson*for appellant.

*R. A. Brown*for respondent.

ELLISON, J.

— Plaintiff seeks damages from defendant, a street railway company, in St. Joseph, for personal injuries inflicted by one of its cars. The trial court sustained a demurrer to the evidence given for plaintiff.

The evidence in plaintiff’s behalf tended to prove that she was a woman sixty-eight years of age and was returning to her home with some provisions, she had purchased from a nearby grocery. She was wearing a sunbonnet and in consequence her vision to either side was greatly obstructed. . When she came on the street near the place where she was injured, a car had just passed going south on the west track and stopped on the south side of the street. The car was standing there when plaintiff left the sidewalk to cross the street in which were the defendant’s tracks. She did not look for a north-bound car on the east track, hut continued towards the tracks. She crossed the west track and had just put her- foot on.the west rail of the east track when she was struck by the north-bound car. She walked slowly and gave no evidence of knowledge of approaching danger. It is conceded she was guilty of negligence in not looking out for the car and avoiding a collision. But it is claimed that defendant’s motorman saw her dangerous position, or should have seen it, in time to have stopped the car, and that therefore she made out a case within the humanitarian rule. We think the claim well made. There is no reasonable ground upon which to distinguish the case from that of Waddell v. Railroad, 213 Mo. 8.

Defendant in argument endeavored to show that plaintiff’s action in stopping a moment between the tracks was evidence to the motorman that she would not get into danger. But in point of fact there was *438evidence which tended to prove she was then in danger unless the car stopped. If the testimony in plaintiff’s behalf is to be accepted as true, the motorman should have seen her dangerous position and could have stopped the car in time to have avoided striking her. A case was made for the opinion of a jury and the judgment is reversed and the cause remanded.

All concur.
<PAGE>   1

                                   EXHIBIT 21

Subsidiaries of the Registrant:

          Bell Electronics Corp. (California)(1)
           Bell Industries, Inc. (Minnesota)
           J. W. Miller Company (California)(1)
           Bell Ontario Holding, Inc. (California)(2)
           Viewtek, Inc.(2)
           Milgray International, Inc.(2)
           Milgray Ltd.(2)

All companies listed are wholly owned by the Registrant (Bell Industries, Inc.
of California) and are included in the consolidated financial statements.
---------------

(1) Inactive.

(2) In connection with the sale of the Electronics Distribution Group in January
    1999, subsidiary will be liquidated.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS OF INTIMATE BRANDS, INC. AND SUBSIDIARIES FOR
THE YEAR ENDED JANUARY 30, 1999 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-30-1999
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               JAN-30-1999
<CASH>                                         387,774
<SECURITIES>                                         0
<RECEIVABLES>                                   15,627
<ALLOWANCES>                                         0
<INVENTORY>                                    479,896
<CURRENT-ASSETS>                               977,241
<PP&E>                                         821,061
<DEPRECIATION>                                 422,592
<TOTAL-ASSETS>                               1,448,077
<CURRENT-LIABILITIES>                          537,168
<BONDS>                                        250,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         2,527
<OTHER-SE>                                     642,116
<TOTAL-LIABILITY-AND-EQUITY>                 1,448,077
<SALES>                                      3,885,753
<TOTAL-REVENUES>                             3,885,753
<CGS>                                        2,290,356
<TOTAL-COSTS>                                2,290,356
<OTHER-EXPENSES>                               914,548
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              30,050
<INCOME-PRETAX>                                667,199
<INCOME-TAX>                                   267,000
<INCOME-CONTINUING>                            400,199
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   400,199
<EPS-PRIMARY>                                     1.60
<EPS-DILUTED>                                     1.59
        

</TABLE>
Exhibit 31.1

CERTIFICATION

I, Thomas G. Hood, certify that:

I have reviewed this quarterly report on Form 10-Q ofSouthwall Technologies Inc.;

Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;

Based on my knowledge, the financial statements, andother financial information included in this report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this report.

The Chief Financial Officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrants and wehave:

Designated such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designated under oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made know to us by others withinthose entities, particularly during the period in which the combined quarterlyreport is being prepared;

Evaluated the effectiveness of the registrant'sdisclosure controls and procedures and presented in the quarterly report ourconclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by the quarterly report on such evaluations;and

Disclosed in the quarterly report any change in theregistrant's internal control over financial reporting that occurred during theregistrant's most recent fiscal quarter that has materially affected, or isreasonably likely to materially affect, the registrant's internal control overfinancial reporting; and

The Chief Financial Officer and I have disclosed , basedon our most recent evaluation of internal control over financial reporting, tothe registrant's auditors and the audit committee of the registrant's board ofdirectors:

All significant deficiencies and material weaknesses inthe design or operation of internal controls over financial reporting which arereasonably likely to adversely affect the registrant's ability to record,process, summarize and report financial information; and

Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant'sinternal control over financial reporting.
[No. 41453-4-I.

Division One.

December 1, 1997.]

#### *In the Matter of the Personal Restraint of*Enrique Arana Vasquez, *Petitioner.*

Petition for relief from personal restraint. *Granted*by unpublished per curiam opinion.
H. Res. 983

In the House of Representatives, U. S., 

September 12, 2006.

Whereas Robert E. O’Connor, Jr., was a life-long resident of 

the City of Pittsburgh; 

Whereas Mr. O’Connor was a dedicated husband and father, 

who was married to Judy Levine for more than 40 years 

and who raised three children; 

Whereas Mr. O’Connor was a successful entrepreneur and 

businessman for more than two decades; 

Whereas Mr. O’Connor was actively involved in his church 

and community service, serving on the Board of Directors 

of Carnegie-Mellon University, Gateway Rehabilitation 

Institute, the Sudden Infant Death Syndrome Alliance, 

The Caring Foundation, and Soldiers and Sailors Memorial Hall; 

Whereas Mr. O’Connor loved the City and his community so 

much that he left the private sector in 1992 to serve on 

the Pittsburgh City Council, where he served his community effectively until 2003; 

Whereas Mr. O’Connor served two terms as Pittsburgh City 

Council President; 

Whereas Mr. O’Connor served the City of Pittsburgh and all 

of southwestern Pennsylvania in a high-ranking position 
2

•HRES 983 EH 

in the government of the Commonwealth of Pennsylvania 

for a year; 

Whereas Mr. O’Connor was elected the 58th Mayor of Pittsburgh in 2005; 

Whereas Mr. O’Connor, as the Mayor of Pittsburgh, inspired 

the citizens of the City of Pittsburgh with his bold, clear 

vision for a revitalized, vibrant community; 

Whereas Mr. O’Connor, after being sworn in as Mayor in 

January of 2006, began moving forward energetically 

with plans to make that vision a reality; 

Whereas Mr. O’Connor, only seven months into his first term 

in office, was diagnosed with a primary central nervous 

system lymphoma; 

Whereas Mr. O’Connor, after a valiant struggle to fight this 

aggressive form of cancer, passed away on September 1, 

2006; 

Whereas Mr. O’Connor was widely respected and loved for his 

warmth, friendliness, intelligence, integrity, and his dedication to the City of Pittsburgh; 

Whereas Mr. O’Connor is remembered for his common sense, 

his many accomplishments, his long record of public service, and his dedication to the City of Pittsburgh; 

Whereas the citizens of the City of Pittsburgh have suffered 

a grievous loss in the untimely early death of this popular 

and talented leader; and 

Whereas the example set by Mr. O’Connor in both his public 

and private life was exemplary: Now, therefore, be it 

Resolved, That the House of Representatives—
3

•HRES 983 EH 

(1) has learned with profound sorrow of the death 

of Bob O’Connor; 

(2) recognizes Bob O’Connor as a role model of entrepreneurship, civic engagement, and public service in 

southwestern Pennsylvania and throughout the entire 

Nation; 

(3) expresses its deep gratitude to Bob O’Connor 

for working tirelessly on behalf of the citizens of Pittsburgh, Pennsylvania; 

(4) extends condolences to his wife, Judy, his children, Heidy, Terrence, and Corey, his extended family, 

and his many friends; and 

(5) extends condolences to the residents of the City 

of Pittsburgh. 

Attest:

Clerk.
#### S. HEKEMIAN & CO., APPELLANT, v. IDA RIVARA ET AL., EXECUTORS, RESPONDENTS.

Argued February 9, 1939

Decided April 21, 1939.

For the appellant, *Breslin & Breslin.*

For the respondents, *Huckin & Huckin.*

Per Curiam.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered by Mr. Justice Bodine in the Supreme Court.

*For affirmance*— The Chancellor, Parker, Case. Donges, Perskie, Heteield, Dear, Wells, WolesKeil, Raeeerty, JJ. 10.

*For reversal*— None.
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12-Month Percent Change

Series Id: CUUR0000SA0

Not Seasonally Adjusted

Area: U.S. city average

Item: All items

Base Period: 1982-84=100

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Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2

2004 1.9 1.7 1.7 2.3 3.1 3.3 3.0 2.7 2.5 3.2 3.5 3.3 2.7 2.3 3.0

2005 3.0 3.0 3.1 3.5 2.8 2.5 3.2 3.6 4.7 4.3 3.5 3.4 3.4 3.0 3.8

2006 4.0 3.6 3.4 3.5 4.2 4.3 4.1 3.8 2.1 1.3 2.0 2.5 3.2 3.8 2.6

2007 2.1 2.4 2.8 2.6 2.7 2.7 2.4 2.0 2.8 3.5 4.3 4.1 2.8 2.5 3.1

2008 4.3 4.0 4.0 3.9 4.2 5.0 5.6 5.4 4.9 3.7 1.1 0.1 3.8 4.2 3.4

2009 0.0 0.2 -0.4 -0.7 -1.3 -1.4 -2.1 -1.5 -1.3 -0.2 1.8 2.7 -0.4 -0.6 -0.1

2010 2.6 2.1 2.3 2.2 2.0 1.1 1.2 1.1 1.1 1.2 1.1 1.5 1.6 2.1 1.2

2011 1.6 2.1 2.7 3.2 3.6 3.6 3.6 3.8 3.9 3.5 3.4 3.0 3.2 2.8 3.5

2012 2.9 2.9 2.7 2.3 1.7 1.7 1.4 1.7 2.0 2.2 1.8 1.7 2.1 2.3 1.8

2013 1.6 2.0 1.5 1.1 1.4 1.8 2.0 1.5 1.2 1.0 1.2 1.5 1.5 1.5 1.4

2014 1.6 1.1 1.5 2.0 2.1 2.1 2.0 1.7 1.7 1.7

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<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          JUN-30-1998             JUN-30-1998
<PERIOD-START>                             DEC-31-1997             JUL-01-1997
<PERIOD-END>                               MAR-31-1998             MAR-31-1998
<CASH>                                           9,354                   9,354
<SECURITIES>                                 2,501,632               2,501,632
<RECEIVABLES>                               12,874,390              12,874,390
<ALLOWANCES>                                   489,320                 489,320
<INVENTORY>                                 15,040,854              15,040,854
<CURRENT-ASSETS>                            32,015,529              32,015,529
<PP&E>                                      10,267,173              10,267,173
<DEPRECIATION>                               4,951,128               4,951,128
<TOTAL-ASSETS>                              37,575,487              37,575,487
<CURRENT-LIABILITIES>                       11,033,530              11,033,530
<BONDS>                                        359,923                 359,923
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                    20,182,734              20,182,734
<OTHER-SE>                                   5,999,300               5,999,300
<TOTAL-LIABILITY-AND-EQUITY>                37,575,487              37,575,487
<SALES>                                     18,264,614              50,553,833
<TOTAL-REVENUES>                            18,264,614              50,553,833
<CGS>                                       15,207,996              41,995,141
<TOTAL-COSTS>                               15,207,996              41,995,141
<OTHER-EXPENSES>                             1,454,708               4,205,030
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                              1,629,789               4,438,114
<INCOME-TAX>                                   554,128               1,508,959
<INCOME-CONTINUING>                          1,075,661               2,929,155
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 1,075,661               2,929,155
<EPS-PRIMARY>                                      .20                     .55
<EPS-DILUTED>                                      .19                     .52
        


</TABLE>
Exhibit
32.1







CERTIFICATION


PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code)







Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of National Datacomputer, Inc., a Delaware corporation (the
“Company”), does hereby certify, to such officer’s knowledge, that:
 
 Except
as set forth in the Company’s Quarterly Report on Form 10-Q/A for the period
ended September 30, 2008 (the “Form 10-Q/A”),  the Form 10-Q/A fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and the information contained in the Form 10-Q/A fairly
presents, in all material respects, the financial condition and results of
operations of the Company.









Dated:
      January 15, 2009
              /s/ William
      B. BerensWilliam
      B. BerensPresident
      and Chief Executive Officer


Dated:
      January 15, 2009
              /s/ Bruna
      BucacciBruna
      BucacciChief
      Accounting Officer







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.
The HONORABLE GEORGE F. GUNN, JR., United States District Judge for 1

the Eastern District of Missouri.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-2369

___________

Van Perry-El, *

 *

Appellant, *

 * Appeal from the United States

v. * District Court for the

 * Eastern District of Missouri.

Michael Bowersox; Ray Pogue; *

Bill Hartley, * [UNPUBLISHED]

 *

Appellees. *

___________

 Submitted: March 6, 1998

 Filed: March 20, 1998

___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

Missouri inmate Van Perry-El appeals the district court&s grant of summary

1

judgment dismissing his 42 U.S.C. § 1983 suit seeking damages because prison

officials confined him in a shower stall while he refused to be double-celled. After de

novo review of the record and the parties& briefs, we conclude the district court did not

err in granting summary judgment in favor of defendants. Perry-El sued them only in

their official capacities, see Murphy v. Arkansas, 127 F.3d 750, 754-55 (8th Cir.
-2-

1997), and he failed to respond to defendants’ motion for summary judgment with

information sufficient to establish the existence of a genuine issue of material fact

defeating defendants& right to qualified immunity as a matter of law. Accordingly, we

affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
axdx_ex10132.htm

EXHIBIT 10.13.2 

 

AMENDMENT

TO

12% REVOLVING LINE OF CREDIT PROMISSOPRY NOTE DUE 2016

 

OF

 

CO-DIAGNOSTICS, INC.

 

Original Principal Amount: $100,000

Original Issuance Date: December 30, 2015 

 

Whereas, THIS AMENDMENT TO THE 12% PROMISSORY NOTE dated December 30, 2015, as amended (the “Note”) is entered into, by and between Co-Diagnostics, Inc., a Utah corporation (the “Company”) and Pine Valley Investments, LLC, a Utah limited liability company (“Holder”);

 

Now therefore, the Note is hereby amended as follows:

 

The Maturity Date shall be September 30, 2017.

 

The Holder agrees that in the event the Company is able to file a Registration Statement for an Initial Public Offering on or before December 31, 2016, the Holder agrees to include the Note principal and accrued interest outstanding on the filing date with the Registration Statement and to convert all of the Note principal and accrued interest to Company common stock.  


The “Conversion Price” means shall be the same as the anticipated Bridge Financing to be provided by Alexander Capital, LP, as reflected in the Registration Statement.

 

All other terms and conditions of the Note, as amended, shall continue in full force and effect. 

 

IN WITNESS WHEREOF, the Parties have amended the Note effective as of September 14, 2016.

 


	
CO-DIAGNOSTICS, INC.
	
 
	
PINE VALLEY INVESTMENTS, LLC

	
 
	
 
	
 

	
By: /s/ Dwight Egan
	
 
	
By: /s/ Jason Briggs

	
Dwight H. Egan, 
	
 
	
Jason Briggs, Manager

	
President & CEO
SAT Report

PMN Number: P-13-0573

SAT Date: 7/23/2013

Print Date: 5/5/2014

Related cases:

Health related cases: 

Ecotox related cases: 

Concern levels:

Type of Concern: Health Eco Comments

Level of Concern: 2 1

 Persistence Bioaccum Toxicity Comments

3 31

Exposure Based Review:

Health: No

Ecotox: No

Routes of exposure: Health: Dermal Drinking Water Inhalation 

Ecotox: No releases to water

Fate: ;

Keywords:

 Keywords: LUNG, UNCERT-IMMUNO/MUTA/ONCO

Summary of Assessment:

 Fate:

Fate Summary: P-13-0573

FATE: 

S = Dispersible (E)

VP < 1.0E-6 torr at 25 C (E)

BP > 400 C (E)

H < 1.00E-8 (E)

POTW removal (%) = 0-90 via possible sorption

Time for complete ultimate aerobic biodeg > mo

Sorption to soils/sediments = low - v.strong

PBT Potential: P3B3

EPA SANITIZED Page 1 of 2
*CEB FATE: Migration to ground water = negl - rapid

 Health:

 Health Summary: Absorption is poor all routes based on analogs. There is 

concern for lung effects if inhaled and uncertain concern for immunotoxicity, mutagenicity, and 

oncogenicity based on information for other carbon nanotubes. Moderate concern. 

 Ecotox:

Test Organism Test 

Type

Test End 

Point

Predicted Measured Comments

fish 96-h LC50 >100 or *

daphnid 48-h LC50 >100 or *

green algal 96-h EC50 >100 or *

fish _ chronic value >10 or *

daphnid _ chronic 

value

>10 or *

algal _ chronic 

value

>10 or *

Sewage Sludge 3-h EC50 _

Sewage Sludge _ Chronic 

Value

_

Ecotox Values Comments: Predictions are based on SARs for polynonionic polymers; SAR 

chemical class = polymer-nonionic with 

unknown mp (P); S < 0.001 mg/L at 20 C (P); pH7; effective concentrations based on 100% 

active ingredients and nominal concentrations; DW hardness <150.0 mg/L as CaCO3; and DW 

TOC <2.0 mg/L;

Factors Values Comments

Assessment Factor 10

Concentration of Concern 

(ppb)

1000 or *

SARs nonionic polymer

SAR Class polymer-nonionic

Ecotox Category Nonionic Polymers

Ecotox Factors Comments: 

 SAT Chair: Becky Jones

EPA SANITIZED Page 2 of 2
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