alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Pioneer Contract Company, Inc. *v.*Williams

[No. 17,439.

Filed January 25, 1946.

Rehearing Denied March 5, 1946. Transfer Denied April 1, 1946.]

*543
      *James L. Murray,*of Indianapolis, for appellant.

*Theodore Lockyear,*and *Paul Wever,*both of Evansville, for appellee.

Draper, J.

The employer appeals from an award of the Industrial Board which granted compensation to the appellee on account of the death of her husband, Walter Williams, by electrocution. • ’

The sole question presented is whether the fatal accident arose out of and in the course of the employment.

The undisputed evidence discloses that Williams was employed by the appellant as an assistant mechanic — a “trouble shootér out on the job.” Appellant’s construction superintendent testified it was Williams’ duty to 'repair equipment, that whenever he went by a piece of equipment and saw anything wrong it was his duty to see what he could do and to call the master mechanic if necessary; that whenever he saw equipment that was *544in trouble it was his duty to try to keep it going as far as possible.

In moving a crane along the road, other employees came to a high tension line too low for the boom, which was' out of repair and could not be lowered, to pass under it. The foreman thereupon told the crane operator to let it stand while he went to seek help from the power company.

Williams came along, noted thq difficulty and said he thought he could get the crane under the wire. The crane operator tried to discourage the attempt but testified that “He (Williams) was the trouble shooter and sent down there to take care of the machinery,” and the operator moved the crane as directed. Williams climbed the boom and attempted to raise the wire with a piece of hose. He died instantly.

Appellant insists that under the evidence it was Williams’ duty to look after mechanical repairs only, and in undertaking to move the crane he stepped aside from the line of his duty and became a mere volunteer. In this we cannot agree.

The appellant was engaged in repairing and widening a state highway with concrete. The construction superintendent testified there was no piece of equipment on the job that wasn’t in trouble sometime. As we view it, the evidence would sustain the belief that Williams was not a mere repair man charged only with the duty of making mechanical repairs to machinery. He was also a “trouble shooter” whose duty it was, whenever he saw anything wrong with a piece of equipment, or saw equipment that was in trouble, to keep it moving if he could, and otherwise to call for help. In this case he thought he could move the crane himself.

*545
      *544Regardless of what other inferences might reason*545ably flow from the evidence, we believe the Board was justified in finding from it that when accidentally killed, Williams was attempting to perform one of the very acts he was employed to perform. For applicable principles see, *Tom Joyce 7 Up Company*v. *Layman*(1942), 112 Ind. App. 369, 44 N. E. (2d) 998.

Award affirmed with statutory 5% penalty.

Crumpacker, J. — Dissents.

Note. — Reported in 64 N. E. (2d) 591.
Exhibit 32.1
 
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable,
of the Securities Exchange Act of 1934, as amended; 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/ Arthur A. RodneyArthur A. RodneyChief Executive Officer  The foregoing certification is being furnished solely to accompany this Report pursuant to 18
U.S.C. §1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of
1934, as amended, and is not to be incorporated by reference into any filing of the Company,
whether made before or after the date hereof, regardless of any general incorporation language in
such filing.
§ 507.135 Onsite audit. ( a ) An onsite audit of a supplier must be performed by a qualified auditor.
( b ) If the raw material or other ingredient at the supplier is subject to one or more FDA food safety regulations, an onsite audit must consider such regulations and include a review of the supplier's written plan (*e.g.,* Hazard Analysis and Critical Control Point (HACCP) plan or other food safety plan), if any, and its implementation, for the hazard being controlled (or, when applicable, an onsite audit may consider relevant laws and regulations of a country whose food safety system FDA has officially recognized as comparable or has determined to be equivalent to that of the United States).
( c ) ( 1 ) The following may be substituted for an onsite audit, provided that the inspection was conducted within 1 year of the date that the onsite audit would have been required to be conducted: ( i ) The written results of an appropriate inspection of the supplier for compliance with applicable FDA food safety regulations by FDA, by representatives of other Federal Agencies (such as the United States Department of Agriculture), or by representatives of State, local, tribal, or territorial agencies; or
( ii ) For a foreign supplier, the written results of an inspection by FDA or the food safety authority of a country whose food safety system FDA has officially recognized as comparable or has determined to be equivalent to that of the United States.
( 2 ) For inspections conducted by the food safety authority of a country whose food safety system FDA has officially recognized as comparable or determined to be equivalent, the animal food that is the subject of the onsite audit must be within the scope of the official recognition or equivalence determination, and the foreign supplier must be in, and under the regulatory oversight of, such country.
( d ) If the onsite audit is solely conducted to meet the requirements of this subpart by an audit agent of a certification body that is accredited in accordance with regulations in part 1, subpart M of this chapter, the audit is not subject to the requirements in those regulations.
<TABLE> <S> <C>

<ARTICLE> 5
       
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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                       2,366,184
<SECURITIES>                                11,688,513
<RECEIVABLES>                               10,501,035
<ALLOWANCES>                                 (808,000)
<INVENTORY>                                 10,316,940
<CURRENT-ASSETS>                            35,605,884
<PP&E>                                      13,709,339
<DEPRECIATION>                             (3,463,221)
<TOTAL-ASSETS>                              46,255,950
<CURRENT-LIABILITIES>                        3,585,710
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    30,998,830
<OTHER-SE>                                  11,284,160
<TOTAL-LIABILITY-AND-EQUITY>                46,255,950
<SALES>                                     73,235,925
<TOTAL-REVENUES>                            73,235,925
<CGS>                                       45,210,585
<TOTAL-COSTS>                               17,313,495
<OTHER-EXPENSES>                                11,104
<LOSS-PROVISION>                               471,000
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                             11,092,259
<INCOME-TAX>                                 3,671,600
<INCOME-CONTINUING>                          7,420,659
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 7,420,659
<EPS-PRIMARY>                                      .55
<EPS-DILUTED>                                      .54
        

</TABLE>
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.5820 Dental protector. ( a ) *Identification.* A dental protector is a device intended to protect a patient's teeth during manipulative procedures within a patient's oral cavity.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 868.9.
[47 FR 31142, July 16, 1982, as amended at 61 FR 1120, Jan. 16, 1996; 66 FR 38795, July 25, 2001]
Exhibit 32.1

# Written Statement of
the Chief Executive Officer and Chief Financial OfficerPursuant to 18 U.S.C. §1350

Solely
for the purposes of complying with 18 U.S.C. §1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, we, the undersigned President and Chief Executive
Officer and Vice President Law/Finance and Secretary of Ladish Co., Inc. (the
Company), hereby certify, based on our knowledge, that the Quarterly Report on
Form 10-Q of the Company for the quarter ended September 30, 2005 (the
Report) fully complies with the requirements of Section 13(a) of the
Securities Exchange Act of 1934 and that information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of
the Company.

/s/ Kerry L. Woody  Kerry L. Woody
President and Chief Executive Officer

/s/ Wayne E. Larsen  Wayne E. Larsen
Vice President
Law/Finance & Secretary

May 1, 2006
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

February 19, 2008 Clifford W. Taylor, Chief Justice

135140 Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. JOYCE McMASTER and LLOYD Stephen J. Markman, McMASTER, Justices Plaintiffs-Appellees,

v SC: 135140 COA: 276383 Shiawassee CC: 05-002806-NH GRANDHIM N. SETTY, D.O., and MICHAEL W. FARMER, D.O., Defendants-Appellants,

and

MEMORIAL HOSPITAL, Defendant.

________________ _______________ __________/

On order of the Court, the application fo r leave to appeal the September 13, 2007 order of the Court of Appeals is consider ed, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

l0211 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

February 19, 2008

Clerk
<PAGE>
                       [Letterhead of BDO International]


                                                                    Exhibit 11.1

                        CONSENT OF INDEPENDENT AUDITORS

Deswell Industries, Inc.

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (File Nos. 33-97162 and 333-07946) of Deswell Industries,
Inc. (the "Company") of our report dated July 25, 2003 relating to the
consolidated financial statements, appearing in the Company's Annual Report on
Form 20-F for the year ended March 31, 2003.



                                                         /s/  BDO International
Hong Kong, September 15, 2003                                 BDO International
## Martin, Michael (OST) Subject: FW: EAS at Crescent City, CA- Proposals now due Tuesday February 17, 2015



### From: Martin, Michael (OST) 

### Sent: Tuesday, January 13, 2015 4:57PM 

### Subject: EAS at Crescent City, CA- Proposals now dueTuesday February 17, 2015 Everyone:
'.·· ... We have received a request foran extension to the due date for EAS proposals at Crescent City, 

## ciJ\.;We have decided to grantthat request. Proposals for EAS at Crescent City will now be due by 11:59PM on Tuesday, February 17, 2015. This does notaffectthe existing due date ofThursday,January 15, 2015, for proposals atthefollowing communities:
• Moab, Utah • Pueblo, Colorado • Vernal, Utah Proposals atthe above three communities are still due by 11:59PM on Thursday, January 15, 2015. Please let me know ifyou have questions. Regards, Michael Martin United States Department ofTransportation Essential Air Service (EAS) and Small CommunityAir Service Development Program (SCASDP) (202) 366-6494

1
```

[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Page 9742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3813]

=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS

Agenda and Notice of Public Meeting of the Vermont Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission), and 
the Federal Advisory Committee Act (FACA), that briefing and planning 
meetings of the Vermont Advisory Committee to the Commission will 
convene at 10:30 a.m. (EST) on Monday, March 7, 2011, at the Vermont 
State House, 115 State Street, Room 11, Montpelier, VT 05633.
    The purpose of the briefing is to discuss criminal justice data 
collection and analysis procedures. The purpose of the planning meeting 
is to plan future activities.
    Members of the public are entitled to submit written comments; the 
comments must be received in the regional office by April 7, 2011. 
Written comments may be mailed, e-mailed, or faxed to the Eastern 
Regional Office (ERO). Persons who desire additional information may 
make their request by mail, e-mail, phone, or fax. See contact 
information below.
    Records generated from these meetings may be inspected and 
reproduced at the ERO, as they become available, both before and after 
the meetings. Persons interested in the work of this advisory committee 
are directed to the Commission's Web site, http://www.usccr.gov, or may 
contact the ERO. See contact information below.
    Persons who are deaf or hearing-impaired who will attend the 
meetings and require the services of a sign language interpreter should 
contact the ERO at least ten (10) days before the scheduled date of the 
meeting either by e-mail or TDD relay service. See contact information 
below.
    The meetings will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

Contact Information

    Mailing address: Eastern Regional Office, U.S. Commission on Civil 
Rights, 624 Ninth Street, NW., Suite 740, Washington, DC 20425.
    Telephone #: 202-376-7533.
    Fax #: 202-376-7548.
    E-mail address: ero@usccr.gov.
    TDD: Dial 711 for relay services and dial 202-376-7533.

    Dated in Washington, DC, on February 15, 2011.
Peter Minarik,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. 2011-3813 Filed 2-18-11; 8:45 am]
BILLING CODE 6335-01-P
```
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
FINANCIAL STATEMENTS OF MEDICAL INCOME PROPERTIES 2A LIMITED PARTNERSHIP FOR
THE QUARTER ENDED SEPTEMBER 30, 1997, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       1,524,937
<SECURITIES>                                 1,050,533
<RECEIVABLES>                                  516,084
<ALLOWANCES>                                   173,711
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,994,324
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               9,551,408
<CURRENT-LIABILITIES>                        6,795,484
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   2,245,725<F1>
<TOTAL-LIABILITY-AND-EQUITY>                 9,551,408
<SALES>                                      9,325,425
<TOTAL-REVENUES>                             9,337,365
<CGS>                                                0
<TOTAL-COSTS>                                8,749,290
<OTHER-EXPENSES>                               229,195
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              99,494
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            558,470
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              6,539,998
<CHANGES>                                            0
<NET-INCOME>                                 7,098,468
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>REPRESENT TOTAL PARTNERSHIP CAPITAL INCLUDING NET INCOME OF NET
DISTRIBUTIONS.
</FN>
        

</TABLE>
<PAGE>   1
                                                                     EXHIBIT 5.1

                     Opinion and Consent of Counsel

                             December 28, 1999


VoiceStream Wireless Holdings Corporation
3650 131st Avenue S.E.
Bellevue, Washington  98006

        Re: Registration Statement on Form S-4 of
            VoiceStream Wireless Holdings Corporation

Ladies and Gentlemen:

     We have acted as counsel to VoiceStream Wireless Holdings Corporation
(the "Company") in connection with the filing of the above-referenced
Registration Statement (the "Registration Statement") relating to the
registration of shares (the "Shares") of Common Stock, no par value per share,
of the Company that may be issued in exchange for shares of stock of VoiceStream
Wireless Corporation, Omnipoint Corporation and Aerial Communications, Inc. in
connection with certain transactions (the "Transactions") described in the
Registration Statement.

     In connection therewith, we have reviewed the Company's Restated
Certificate of Incorporation, Amended and Restated Bylaws and minutes of
appropriate meetings, and we are familiar with the proceedings to date with
respect to the Transactions and the proposed issuance of the Shares and have
examined such records, documents and questions of law, and have satisfied
ourselves as to matters of fact, as we have considered relevant and necessary as
a basis for this opinion.

     Based on the foregoing, it is our opinion that:

     1. The Company is duly incorporated and validly existing under the laws of
the State of Delaware.

     2. The Shares will be legally issued, fully paid and non-assessable under
the Delaware corporate law when certificates representing the Shares shall have
been duly executed, countersigned and registered and duly delivered in exchange
for the shares of stock of VoiceStream Wireless Corporation, Omnipoint
Corporation and Aerial Communications, Inc. in connection with the Transactions.
We do not find it necessary for the purposes of this opinion to cover, and
accordingly we express no opinion as to, the application of the securities or
blue sky laws of the various states to the sale of the Shares. We hereby consent
to the filing of this opinion as an exhibit to the Registration Statement and to
all references to our firm included in or made a part of the Registration
Statement.

                                                    Very truly yours,

                                                    PRESTON GATES & ELLIS LLP

                                                    BY /s/ G. Scott Greenburg
                                                    -------------------------
                                                           G. Scott Greenburg
§ 700.11 Cosmetics containing bithionol. ( a ) Bithionol has been used to some extent as an antibacterial agent in cosmetic preparations such as detergent bars, shampoos, creams, lotions, and bases used to hide blemishes. New evidence of clinical experience and photopatch tests indicate that bithionol is capable of causing photosensitivity in man when used topically and that in some instances the photosensitization may persist for prolonged periods as severe reactions without further contact with sensitizing articles. Also, there is evidence to indicate that bithionol may produce cross-sensitization with other commonly used chemicals such as certain halogenated salicylanilides and hexachlorophene. It is, therefore, the view of the Food and Drug Administration that bithionol is a deleterious substance which may render any cosmetic product that contains it injurious to users. Accordingly, any cosmetic containing bithionol is deemed to be adulterated under section 601(a) of the Federal Food, Drug, and Cosmetic Act.
( b ) Regulatory proceedings may be initiated with respect to any cosmetic preparation containing bithionol shipped within the jurisdiction of the act after March 15, 1968.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000814576
<NAME>  PAINEWEBBER R&D PARTNERS II, L.P.
       
<S>                                      <C>
<PERIOD-TYPE>                            3-MOS
<FISCAL-YEAR-END>                                      DEC-31-1999
<PERIOD-END>                                           MAR-31-1999
<CASH>                                                       6,998
<SECURITIES>                                             2,061,482
<RECEIVABLES>                                            1,487,679
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<OTHER-SE>                                               3,414,269
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<SALES>                                                          0
<TOTAL-REVENUES>                                         2,156,608
<CGS>                                                            0
<TOTAL-COSTS>                                                    0
<OTHER-EXPENSES>                                            69,823
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                               0
<INCOME-PRETAX>                                          2,086,785
<INCOME-TAX>                                                     0
<INCOME-CONTINUING>                                              0
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                             2,086,785
<EPS-PRIMARY>                                                    0
<EPS-DILUTED>                                                    0
        

</TABLE>