alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Skillington v. The State.

*Assault and Battery.*

(Decided May 3, 1912.

Rehearing denied June 19, 1912.

59 South. 1912.)

1. *Witnesses; Defendant; Impeachment.*— Where defendant in a criminal case testifies as a witness in his' own behalf, he subjects himself to the same rule with reference to impeachment as a witness as if he were a stranger to the cause, and the State may prove that prior to the commission of the offense his general character in the community in which he lived was bad.

2. *New Trial; Criminal; Revieio.*— The granting or refusal of a motion for new trial in a criminal case is within the irrevisable discretion of the trial court.

*111Appeal from Madison Law and Equity Court.

Heard before Hon. James H. Ballentine.

Joe Sldllington was convicted of assault and battery, and he appeals.

Affirmed.

Troup & Nix, for appellant.

The witness Trotman showed himself incompetent to testify as a character witness. — 16 Cyc. 1277; 8 Enc. of Evid. 29; *Dave v. The State,*22 Ala. 86; *Mose v. The State,*86 Ala. 230; *Jackson v. The State,*106 Ala. 17. The court also erred in permitting defendant’s general character to he shown, and therefore, erred in its refusal to grant motion for a new trial.

R. C. Brickell, Attorney General, and W. L. Martin, Assistant Attorney General, for the State.

The defendant put himself up as a witness, and was therefore subject to impeachment as any. other witness, and as a proof of his general character, was limited to a time prior to the commission of the alleged offense, the court properly permitted the *testimony.*— McGuire *v. The State,*2 Ala. App. 131. The court’s action on the motion for new trial was not revisable.

de GRAFFENRIED, J. —

1. When a defendant in a criminal case tabes the stand and testifies as a witness in the case, he subjects himself to the same rules, relative to the impeachment of witnesses, as if he were a stranger to the case. This rule is firmly fixed, and is based upon sound principles; and the trial court committed no error in allowing the state, for the purpose of impeachment, to prove that the defendant was a man whose general character in the community in which he lived was bad. The trial court expressly limited this evidence to the impeachment of the defendant, who had testified as a witness in the case; and it also limited the *112evidence as to the bad character of the defendant to that period of his life which antedated the commission of the alleged offense for which he was being tried. In other words, in the admission of this testimony, the trial court, by express rulings, kept within the very letter of the law.

2. The action of a trial court in granting or refusing to grant a motion for a new trial in a criminal case is within the irrevisa ble discretion of the trial court; and the refusal of the trial court to grant the defendant’s motion for a new trial presents nothing to us for review.

Affirmed.
§ 382.11 Calculation of gross revenues for PSS. ( a ) Gross revenues are monies derived from the operation of the programming service of the Licensee and are comprised of the following: ( 1 ) Monies received by Licensee from Licensee's carriers and directly from residential U.S. subscribers for Licensee's programming service;
( 2 ) Licensee's advertising revenues (as billed), or other monies received from sponsors, if any, less advertising agency commissions not to exceed 15% of those fees incurred to a recognized advertising agency not owned or controlled by Licensee;
( 3 ) Monies received for the provision of time on the programming service to any third party;
( 4 ) Monies received from the sale of time to providers of paid programming such as infomercials;
( 5 ) Where merchandise, service, or anything of value is received by Licensee in lieu of cash consideration for the use of Licensee's programming service, the fair market value thereof or Licensee's prevailing published rate, whichever is less;
( 6 ) Monies or other consideration received by Licensee from Licensee's carriers, but not including monies received by Licensee's carriers from others and not accounted for by Licensee's carriers to Licensee, for the provision of hardware by anyone and used in connection with the programming service;
( 7 ) Monies or other consideration received for any references to or inclusion of any product or service on the programming service; and
( 8 ) Bad debts recovered regarding paragraphs (a)(1) through (7) of this section.
( 9 ) Revenues described in paragraphs (a)(1) through (8) of this section to which Licensee is entitled but which are paid to a parent, subsidiary, division, or affiliate of Licensee, in lieu of payment to Licensee but not including payments to Licensee's carriers for the programming service.
( b ) Gross Revenues exclude affiliate revenue returned during the reporting period and bad debts actually written off during reporting period.
<PAGE>
                                                                   Exhibit 10.75

                                                                   Perry A. Sook
                                                                   President/CEO


TO:  Duane Lammers

FR:  Perry A. Sook

RE:  Addendum to your Employment Agreement

DA:  8/28/03

Reference is hereby made to your Executive Employment Agreement with Nexstar
Broadcasting Group dated January 5, 1998 and as amended February 9, 2001, August
14, 2002 and May 20, 2003. This memorandum will serve as an additional addendum.

Paragraph 6(b).(i). Termination Payments: The period is hereby extended to one
year.

Equity Compensation: At the time of the IPO you will be granted a total of
100,000 options, 50,000 of which will be immediately vested and the remainder
will vest in equal installments on the five subsequent anniversaries of the
Offering.

Please indicate your agreement with the acceptance of the terms and conditions
of this addendum as of the date written by signing below.

Sincerely,                             Accepted and Agreed;

/s/ Perry A. Sook                      /s/ Duane Lammers
Perry A. Sook                          Duane Lammers
President/CEO                          Executive VP/COO


                        Nexstar Broadcasting Group, Inc.
             909 Lake Carolyn Parkway, Suite 1450, Irving, TX 75039,
                        (972) 373-8800 fax (972)373-8888
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO

                               18 U.S.C. SS.1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly  Report of IR BioSciences  Holdings,  Inc. (the
"Company")  on Form  10-QSB/A  for the three months ended June 30, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Michael Wilhelm, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C.  ss.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.


     /s/ Michael K. Wilhelm
     ----------------------
     Chief Executive Officer
     November 16, 2005


A signed  original of this written  statement  required by Section 906, an other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section  906,  has been  provided to Company and will be retained by
the Company and furnished to the Securities and Exchange Commission or its staff
upon request.
IN	THE	SUPREME	COURT	OF	THE	ST AT E	OF	MONT AN A Cause	N o. DA 22 - 0241
**IN	RE	THE	P**

**ARENTING	OF:** S.D.,	and	B.D., Minor	Children, **JENNIFER	A	DUCHARME	n/k/a, BRICK**  **Petitioner	and Appellant**  , vs. **G RANT	OF	EXTENSION**  **RICHARD	B.	DUCHARME ,**  **Respondent	and Appellee**  **.** Pursuant	to	authority	granted	under	M.	R.	App.P .	26,	Appellee	is	given	an extension	of	time	until	October	14,	2022	to	prepare,	file,	and	serve	the Appellee’s	Brief. No	further	extensions	will	be granted. DAT ED	this	_______________,	2022.

__________________________________ Cc: Jennifer	Brick, Appellant Matthew	A.	Dodd,	Dillon	A.	Post, Attorneys	for	Appellee
Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

September 13 2022

09/13/2022

Case Number: DA 22-0241
[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Pages 48915-48919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22950]



[[Page 48915]]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal Nos. 09-32]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 
601-3740.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittals 09-32 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: September 15, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer Department of Defense.
BILLING CODE 5001-06-P

[[Page 48916]]

[GRAPHIC] [TIFF OMITTED] TN25SE09.057


[[Page 48917]]


[GRAPHIC] [TIFF OMITTED] TN25SE09.058


[[Page 48918]]


[GRAPHIC] [TIFF OMITTED] TN25SE09.059


[[Page 48919]]


[GRAPHIC] [TIFF OMITTED] TN25SE09.060

[FR Doc. E9-22950 Filed 9-24-09; 8:45 am]
BILLING CODE 5001-06-C
### Contacts. With whom outside the FAA hasthis proposal been discussed? Aircraft Owners & Pilots Association Robert Rackman Regional Airline Associiltion DaveLotterer



### Organization National Busin('ss Aircraft Association AT.'\. 

### Person Contacted Eli CoW 

### Date Response



# - 

# -
§ 21.7320 Procedural protection; reduction following loss of dependent. ( a ) *Notice of reduction required when a veteran loses entitlement to additional educational assistance for a dependent.* Except as provided in paragraph (b) of this section, VA will not reduce an award of educational assistance following the veteran's loss of a dependent unless: ( 1 ) VA has notified the veteran of the adverse action; and
( 2 ) VA has provided the veteran with a period of 60 days in which to submit evidence for the purpose of showing that the educational assistance should not be reduced.
( b ) *No advance notice required in certain situations.* When the reduction is based solely on written, factual, unambiguous information as to dependency or marital status provided by the veteran or his or her fiduciary with knowledge or notice that the information would be used to determine the monthly rate of educational assistance allowance: ( 1 ) VA will not send either an advance or a prereduction notice as stated in paragraph (a) of this section; but
( 2 ) VA will send notice of the adverse action contemporaneous with the reduction in educational assistance.
(Authority: 38 U.S.C. 5112, 5113)
[58 FR 63530, Dec. 2, 1993]
§ 18.412 Reasonable accommodation. ( a ) A recipient shall make reasonable accommodation to the known physical or mental limitations of a handicapped applicant or employee if such accommodation would enable that person to perform the essential functions of the job unless the recipient can demonstrate that the accommodation would impose an undue hardship on the operation of its program or activity.
( b ) Reasonable accommodation may include: ( 1 ) Making facilities used by employees readily accessible to and usable by handicapped persons; and
( 2 ) Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters and other similar actions.
( c ) In determining under paragraph (a) of this section whether an accommodation would impose an undue hardship on the operation of a recipient's program or activity, factors to be considered include: ( 1 ) The overall size of the recipient's program or activity with respect to number of employees, number and type of facilities, and size of budget;
( 2 ) The type of the recipient's operation, including the composition and structure of the recipient's work force; and
( 3 ) The nature and cost of the accommodation needed.
( d ) A recipient may not deny any employment opportunity to a qualified handicapped employee or applicant if the basis for denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.
[45 FR 63268, Sept. 24, 1980, as amended at 51 FR 10385, Mar. 26, 1986; 68 FR 51370, Aug. 26, 2003]
#### § 4.15 Total disability ratings.

The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; *Provided,* That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.
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 Alpharma Inc. (the "Company") on Form 10Q/A for the period ending September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), each of the undersigned, in the capacities and on the dates indicated below, hereby certifies, 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 result of operations of the Company.



Dated:   April 13, 2005

/s/ Ingrid Wiik
Ingrid Wiik
President and Chief Executive Officer

Dated:  April 13, 2005

/s/ Matthew Farrell
Matthew Farrell 
Chief Financial Officer
# Official Journal C 135/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 135 |
| | |
| English edition | Information and Notices | Volume 6416 April 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 135

English edition

Information and Notices

Volume 6416 April 2021

---

| Contents | page |
| --- | --- |
| | III   Preparatory acts |
| | COUNCIL |
| 2021/C 135/01 | Position (EU) No 6/2021 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on addressing the dissemination of terrorist content online Adopted by the Council on 16 March 2021 (
  1
  ) | 1 |
| 2021/C 135/02 | Statement of Council’s reasons: Position (EU) No 6/2021 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on addressing the dissemination of terrorist content online | 33 |

Contents

page

III   Preparatory acts

COUNCIL

2021/C 135/01

Position (EU) No 6/2021 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on addressing the dissemination of terrorist content online Adopted by the Council on 16 March 2021 (
  1
  )

1

1

2021/C 135/02

Statement of Council’s reasons: Position (EU) No 6/2021 of the Council at first reading with a view to the adoption of a Regulation of the European Parliament and of the Council on addressing the dissemination of terrorist content online

33

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
###### Editorial Note on Part 3

#### Editorial Note:

Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002.

#### §§ 3.253-3.255 [Reserved]
§ 20.102 Rule 102. Name, business hours, and mailing address of the Board. ( a ) *Name.* The name of the Board is the Board of Veterans' Appeals.
( b ) *Business hours.* The Board is open during business hours on all days except Saturday, Sunday and legal holidays. Business hours are from 8 a.m. to 4:30 p.m.
( c ) *Mailing address.* The mailing address of the Board is: Board of Veterans' Appeals, P.O. Box 27063, Washington, DC 20038. Mail to the Board that is not related to an appeal must be addressed to: Board of Veterans' Appeals, 810 Vermont Avenue NW, Washington, DC 20420.
(Authority: 38 U.S.C. 7101(a))
[57 FR 4109, Feb. 3, 1992, as amended at 81 FR 32649, May 24, 2016. Redesignated and amended at 84 FR 177, 180, Jan. 18, 2019]
#### John J. Fox, Appellant, *v.*George Muller et al., Respondents.

(Supreme Court, Appellate Term,

May, 1900.)

Costs — Taxation against separate defendants after a verdict against all — Action not severed.

After a verdict has been rendered against all the defendants in an action, it should not be severed for the purpose of entering judgment for interlocutory costs against some of them separately.

Such a course is unnecessary as the clerk has power, under section 1246 of the Code of Civil Procedure, to docket judgments for different sums separately against each judgment debtor.

Appeal from an order of the General Term of the City Court of the city of Hew York, affirming an order made at Trial Term, denying a motion to sever this action so that judgment be entered against the defendants separately.

*471William T. Matthies (Henry Cooper, of counsel), for appellant.

Hoffman & Hoffman, for respondent Muller.

Max D. Steuer, for respondent Bendit.

*Per Guriam.*

There seems to be no authority for severing an action after verdict against all the defendants. If the costs, awarded, against the defendants Muller by the interlocutory judgment, have not been collected, when the time comes to enter final judgment they may be taxed as, and included in the judgments against the Mullers. Code Civ. Pro., § 779. There is no reason why the plaintiff may not enter judgment for different sums against the several defendants. 'Section 1246 directs the clerk to docket judgments separately against each judgment debtor.

The order applied for is unnecessary, and the order denying it must be affirmed, with costs.

Present: Truak, P. J., Scott and Dugro, J J.

Order affirmed, with costs.
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 Amendment No. 1 to the Quarterly
Report of Research Frontiers Incorporated (the "Company")  on
Form 10-Q/A for the quarterly period ending March 31, 2004 as
filed with the Securities and Exchange Commission on the date
hereof (the "Report") , I, Joseph M. Harary, President, Treasurer
and Chief Accounting Officer 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 my knowledge:

(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 issuer.


/s/  Joseph M. Harary
     Joseph M. Harary
     President, Treasurer and Chief Accounting Officer
     October 19, 2004
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<RESTATED>
<CIK> 0000793024
<NAME> KENT ELECTRONICS CORPORATION
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          MAR-28-1998             APR-03-1999
<PERIOD-END>                               MAR-28-1998             APR-03-1999
<CASH>                                         179,907                 207,942
<SECURITIES>                                    29,946                       0
<RECEIVABLES>                                   61,571                  73,947
<ALLOWANCES>                                     1,207                     991
<INVENTORY>                                     76,947                  80,052
<CURRENT-ASSETS>                               491,339                 510,046
<PP&E>                                          75,577                  78,954
<DEPRECIATION>                                  19,589                  23,744
<TOTAL-ASSETS>                                 574,905                 587,215
<CURRENT-LIABILITIES>                           53,544                  50,535
<BONDS>                                        207,000                 207,000
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        54,480                  62,576
<OTHER-SE>                                     258,089                 258,593
<TOTAL-LIABILITY-AND-EQUITY>                   574,905                 587,215
<SALES>                                        418,301                 455,694
<TOTAL-REVENUES>                               418,301                 455,694
<CGS>                                          317,577                 356,237
<TOTAL-COSTS>                                  317,577                 356,237
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                  (50)                   (216)
<INTEREST-EXPENSE>                               5,272                  10,495
<INCOME-PRETAX>                                 24,102                   9,849
<INCOME-TAX>                                     9,648                   3,984
<INCOME-CONTINUING>                             14,454                   5,865
<DISCONTINUED>                                  20,972                 (5,683)
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    35,426                     182
<EPS-BASIC>                                       1.33                    0.01
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</TABLE>